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David Fleming

Partner
Baker & McKenzie

Biography

David Fleming leads the Firm’s Asia Pacific Mergers & Acquisitions Group and the Competition Practice Group for Hong Kong/China. From 2001 to 2010, he served as managing partner of the Firm’s Hong Kong, Beijing, Shanghai and Vietnam offices. He also served as a member of the Firm’s Asia Pacific Regional Council, as well as the Global Professional Responsibility and Practice Committee, Policy Committee and Nominating Committee. Global Counsel 3000 highly recommends him in M&A while Legal 500 Asia Pacific lists him among the leading corporate law advisers in Hong Kong. In addition to the Firm’s China offices, Mr. Fleming has practised in Sydney and London. He is admitted as a solicitor in New South Wales, England & Wales, and Hong Kong.

Practice Focus

Mr. Fleming’s practice focuses on representing and advising public and private corporate groups—as well as financial institutions—on a wide range of mergers and acquisitions across a diverse range of industries. These include domestic and cross-border joint venture investments, corporate finance transactions and matters involving securities laws and regulations. He is actively involved in representing corporations, banks and financial institutions in relation to the corporate aspects of substantial debt restructuring and capital/asset reorganisation exercises. He also advises clients on a number of aspects of competition law.

Representative Legal Matters

  • Representing an ASX and NYSE listed industry leader in metals and electronics recycling on its acquisition (and subsequent disposal) of a strategic equity position in a Hong Kong listed company (with PRC assets) and related financing of the target company through options, a convertible bond and detachable warrants.
  • Assisting a US multinational operating global semiconductor design and manufacturing businesses on its post-acquisition integration project following its acquisition of one of its global competitors.
  • Advised a premier Australian investment bank on its acquisition of the equities business of an international banking group in 10 countries in Asia.
  • Advised a UK-listed group on its acquisition of a chain of retail businesses in Hong Kong and Macau and the establishment of a joint venture in mainland China.
  • Led the Baker McKenzie team in representing a well-known US multinational corporation on its agreement with the Hong Kong government for the construction, development, management and operation of Hong Kong’s first international theme park.
  • Advised an Asian banking group on the divestiture of certain retail banking operations in Hong Kong, Indonesia, Singapore and the Netherlands.
  • Represented the vendors on the sale of a Hong Kong-based international sourcing business to its Hong Kong-listed competitor.
  • Advised a Hong Kong-based banking and investment banking group on the restructuring of its private banking business in Hong Kong and Singapore.
  • Represented a number of financially distressed corporate groups in Hong Kong in connection with standstill agreements, capital reorganisations, debt restructuring, and asset realisation programs.
  • Advised a number of Hong Kong-listed groups on corporate reorganisations and spin-off listings in Hong Kong, Singapore and the US with respect to hotel businesses, electronics manufacturing and office services operations.

Professional Associations and Memberships

  • Law Society of Hong Kong - Member
  • Law Society of England & Wales - Member
  • Law Society of New South Wales - Member
  • Australian Chamber of Commerce - Member
  • Hong Kong Institute of Directors - Member

Admissions

  • England & Wales~United Kingdom (1991)
  • Hong Kong (1991)
  • New South Wales~Australia (1983)

Education

  • University of New South Wales (LL.B.) (1983)
  • University of New South Wales (Bachelor's Degree Jurisprudence) (1982)

Languages

  • English

Previous Offices

  • London