Powell, Simon

Current Employment Position(s)

Partner

Languages

• English

Lawyer Overview

Simon Powell's practice focuses on complex commercial civil litigation and arbitration matters, with particular emphasis on contentious insolvency, securities and shareholder disputes, corporate regulation and investigation, antitrust/competition issues, and all aspects of business restructuring and reorganization.

Simon currently leads the Firm's representation of the bankruptcy estate of Lehman Brothers Holdings in the Asia-Pacific region, where a myriad of issues have arisen with respect to Lehman Brothers' investments in the region, and is currently advising Mandra Forestry's noteholders regarding the enforcement of their rights against the defaulting issuer. Simon's other current key engagements include advising investment group CLSA in a contractual dispute, fund manager Elliott Advisers regarding the enforcement of its rights as investor, telecommunications operator Hong Kong Broadband in several disputes with its competitors and a proceeding before the Telecommunications Authority, and iron ore producer Mount Gibson Mining in a trade dispute. He is also assisting i-Cable Webserve in an appeal to Hong Kong's highest court, the CFA.

Simon has previously provided dispute resolution advice to the likes of Aegis, Alvarez & Marsal, and Fortuna and has handled high-profile insolvencies such as Akai, APP, Cenargo, HIH, and SK Global.

Simon is a member of the Civil Litigation Committee and the Competition Law Committee of the Hong Kong Law Society and of the Insolvency Faculty of the Hong Kong Institute of CPAs. Simon contributes to leading textbooks such as Company Law in Hong Kong — Insolvency, Tort Law and Practice in Hong Kong, and the American Bar Association's Annual Review of Antitrust Law Developments.

Areas of Practice

• International Litigation & Arbitration
• Trial Practice
• Business Restructuring & Reorganization
• Alternative Dispute Resolution & Mediation
• Bankruptcy & Insolvency Litigation
• Distressed Company Litigation
• Global Restructuring Matters
• Other Significant Creditor Representations
• Out-of-Court Restructurings
• Telecommunications
• Commercial Disputes
• Consumer Fraud & Warranty Litigation

Representative Cases

• Alvarez & Marsal Asia defends against proceedings arising out of the purchase of the Hong Kong and Asian business of RSM Nelson Wheeler Corporate Advisory Services Limited , (2009)
• Industrial Bank of Taiwan arranges securitization to finance the expansion of Chi Mei Optoelectronics
• Lehman Brothers Holdings and its affiliated debtors commence voluntary cases under chapter 11 of the Bankruptcy Code , (2009)
• SAP AG acquires Virsa Systems

West Practice Categories

Bankruptcy Law, Bankruptcy Litigation, Business & Commercial Law, Business & Trade, Business Organizations, Class Actions, Collections & Repossessions, Commercial Leasing, Complex Litigation, Consumer Protection, Contracts, Debtor/Creditor, Dissolution, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Franchising, International Law, International Trade Litigation, International Transactions, Joint Ventures, Lemon Law, Litigation & Appeals, Mergers, Acquisitions & Divestitures, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, Reorganizations, Secured Transactions, State Appellate Practice, State Trial Practice, Tax Litigation, Transactions, Uniform Commercial Code, US Court of Appeals for the Federal Circuit, US Supreme Court, Warranties

Bar Admissions

• Hong Kong
• Law Society of England and Wales

Education

• College Law - Chester
• Leeds University - England

Published Works

• Wolves in Sheep’s Clothing? Shareholders as Creditors in Company Liquidations and Restructurings (Cross Border Currents, Spring 2006) (author), 2006
• ABA International Section Antitrust Committee’s 2005 Year-in-Review (the International Lawyer, Vol.40, No.2) (contributing author - Hong Kong section), 2006
• 2005 Annual Review of Antitrust Law Developments (Section of Antitrust Law, American Bar Association) (contributing author - Hong Kong section), 2006
• Company Law in Hong Kong - Insolvency, Sweet & Maxwell (contributing editor - Voluntary Winding Up), 2005
• Tort Law and Practice in Hong Kong, Sweet & Maxwell (contributing editor - Limitation), 2005
• When is a fixed charge not a fixed charge? The Brumark Decision (Asian Lawyer) (author), 2001
• A Guide to Hong Kong’s Insolvency Regime (a Hong Kong Institute of Certified Public Accountants publication) (editor), 2000
• A Question of Bias - the Privy Council decision in Cheng v Panel on Takeovers & Mergers and Anor (30.10.95, PC) Hong Kong Lawyer) (author), 1996

Address

29th Floor, Edinburgh Tower; The Landmark
15 Queen's Road Central, Hong Kong

Phones

852.3189.7248 (Business Phone)

Faxes

852.2868.5871 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com