CORPORATE & COMMERCIAL

EMPLOYMENT LAW

Our employment law and industrial relations practice covers advice for both employers and employees. We specialise in employment contracts, compliance with employment legislation, termination, employee management, unfair dismissal claims, constructive dismissal issues, and more. Our capable lawyers will also represent you in the Industrial Court and High Court if needed.

WHAT WE DO

Employment Contract & Employee Benefits

Employee Handbook & Human Resource Policy

Settlement of Disputes Between Employers & Employees

Unfair Termination, Constructive Dismissal, Wrongful Dismissal

Representation in the Industrial Court & High Court

Judical Review Proceedings

Managing Employee Issues & Termination

Retrenchment Exercise & Restructuring

Contracts for Independent Contractors & Freelancers

Founders Service Contracts

Employee Stock Options

DONOVAN CHEAH
Partner
donovan@dnh.com.my

Donovan-Cheah

The Legal 500 Asia Pacific identified him as a recommended lawyer and described
him as “the name to note”. He has also been named “up and coming practitioner” and “Dispute Resolution Star”
by Chambers and Partners and Benchmark Litigation, respectively.

ACCOLADES

Legal 500 Asia Pacific
Recommended Lawyer for Labour and Employment (Donovan Cheah) 2017-2022

Legal 500 Asia Pacific
Recommended Lawyer for Labour and Employment (Donovan Cheah) 2017-2022

Legal 500 Asia Pacific
Recommended Lawyer for Labour and Employment (Donovan Cheah) 2017-2022

Legal 500 Asia Pacific
Recommended Lawyer for Labour and Employment (Donovan Cheah) 2017-2022

Legal 500 Asia Pacific
Recommended Lawyer for Labour and Employment (Donovan Cheah) 2017-2022

Legal 500 Asia Pacific
Recommended Lawyer for Labour and Employment (Donovan Cheah) 2017-2022

Suggested articles

Managing Non-Recognised Unions in the Workplace

Managing Non-Recognised Unions in the Workplace

Recognised trade unions under the Industrial Relations Act 1967 ought to be given due regard by employers in workplace matters. However, it is not so straightforward when such trade unions are in the process of seeking recognition, or when trade unions who do not have...

Need Reliable Legal Advice?

Reach out to us. We are ready to help.

What We Do

We help businesses succeed. It can be challenging to navigate the complex and ever-changing world of business without a legal advisor at your side to implement strategic plans and safeguard against downside risks.

Through our frequent and direct interactions with business leaders, owners, and entrepreneurs, our corporate lawyers are trained to be commercially minded, adept at anticipating legal problems, and present pragmatic solutions. We do not shy away from numbers, math, or cap tables. We strive to be not just your lawyer, but also your trusted advisor.

Our corporate team handles corporate transactions, advisory and compliance matters such as:

Market Entry/Startups

  • Selecting and capital structuring of the business entity
  • Advising on regulatory requirements, licences and tax incentives
  • Issuing written legal opinions for market entry
  • Key startup legal documents: Founders agreements, shareholder agreements, employment contracts and handbook, website terms, privacy policy
  • Connecting with reliable, professional service providers

Corporate Transactions

  • Legal due diligence (for acquisition or compliance purposes)
  • Legal opinions (for local or foreign purposes)
  • Private M&A: Sale and purchase of shares or business assets
  • Joint ventures: Incorporated and unincorporated
  • Private angel & VC fundraising: preference shares, SAFEs, convertible notes
  • Corporate restructuring: Share swaps, preference share issues, nominee structures
  • Removal of directors

Commercial Agreements

  • Joint venture and shareholders’ agreements
  • Distributorship, agency, supply of goods and services, rent-to-own agreements
  • Website terms of use, privacy and cookie policies
  • Software agreements: SAAS, software development, service level agreements
  • Licensing agreements: business expansion and brand licences
  • Nominee and trust agreements
  • Employee share option plans, share appreciation rights plans

Corporate Governance

  • Anti-corruption protection & whistleblowing policy
  • Personal data protection audit and compliance
  • Corporate governance and directors’ duties
  • Environment, Social and Governance (ESG)
  • Corporate training

Real Estate

  • Commercial leases and tenancies
  • Acquisition and disposal of commercial, industrial, and agricultural property
  • Joint ventures and private investment structures
  • Stamp duty, real property gains tax and tax exemptions

How We Do It

Advising With A Commercial Mindset

We believe that providing pragmatic, proportionate and precise legal advice is vital to our clients’ ability to make decisions and, ultimately, for their business success. We invest time to fully understand the commercial context and challenges before recommending any course of action or documentation. We seek a win-win outcome in all contractual negotiations, while prioritizing key issues that truly matter to our clients. We maintain close working relationships with other professional advisors as they broaden our perspectives beyond just legal knowledge.

Your Strategic Transactions Advisor

Our approach to transactions is practical and collaborative. Our negotiation style is resolution-focused (not dispute-focused), evenly measured and always calm. We avoid unnecessary legal documentation and confusing legalese. We pledge to help you understand the big picture, the steps involved, and to keep you informed about the progress and timelines. We work tirelessly to achieve your strategic and commercial objectives.

Legal Compliance Done Right

We recognize that every client’s situation and risk profile is unique. We work closely with our clients to create customized legal policies, best practices and engaging training that suit their resources, and manage their risks while always ensuring that they are kept within the boundaries of the ever-changing laws.

Ultimately, our goal is to provide our clients with peace of mind. By applying our expertise to take care of their legal compliance needs, we enable them to focus on running their businesses and pursuing their commercial goals.

Some of Our
Best Work

Notable Transactions

  • Representing an Australian software company in its acquisition of a local target in exchange for equity shares (merger via a share swap) in the acquirer’s Malaysian subsidiary. This transaction involved parties negotiating detailed intellectual property clauses, considering complex stamp duty issues, and advising on preference shares.
  • Planning the corporate structure for a Norwegian global oil service company in Malaysian subsidiary set up. Advising on minority protections in its joint venture with a local shareholder.
  • Advising a Korean conglomerate as the majority investor in a mobility startup in its Series B round raising $50m led by Korean private equity funds. Addressed cross border issues from a Malaysian law perspective, including foreign equity requirements, company law and exchange control rules.
  • Advising China’s video streaming and digital content sharing giant on the advertising laws for the creation and curation of content within Malaysia as well as on gaming laws and the licensing requirements on digital currencies in Malaysia.

Other Articles

Need Reliable Legal Advice?

Reach out to us. We are ready to help.