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Gerald Lam

Associate
Baker & McKenzie

Biography

Gerald Lam is a senior associate in Baker McKenzie's Hong Kong Dispute Resolution Practice Group, and specialises in international risk and investigations. He has particular experience in advising multinational clients on global anti-corruption and compliance matters in relation to cross-border investments and operations, including on anti-bribery and corruption, international economic sanctions, AML and financial fraud, with a special focus on the financial services, private equity, life sciences and TMT sectors.

Prior to joining Baker McKenzie, he previously worked for a top global law firm based in Hong Kong.

Practice Focus

He has conducted numerous cross-border FCPA investigations, compliance risk assessments and investment due diligence spanning multiple jurisdictions, including the U.S., Hong Kong, China, Australia, New Zealand, India, Japan, Korea, South East Asia and the Middle East. In addition, Gerald has defended clients in disputes with regulators and other parties, and has extensive experience in complex multi-jurisdictional litigation and arbitration disputes. He previously acted as legal and compliance counsel (on secondment) for a NY-listed multinational pharmaceutical company for two years, and advised the company on its operations in Asia.

Representative Legal Matters

Compliance and Regulatory Counselling

  • Advised a NYSE-listed global alternative investment fund in relation to sanctions and corruption risks in relation to an investment in a multinational reinsurance company.
  • Advised a global private equity firm on international risk in relation to the acquisition of a controlling stake in a leading India-based medical devices company; this is the first unitranche financing for an Asia leveraged buy-out.
  • Conducted an anti-corruption and sanctions compliance review and risk assessment of a leading global private equity firm’s investment portfolios in India.
  • Advised an investment management firm and the consortium offeror on sanctions and international risk in the proposed privatization of a multinational supply-chain management company listed on the HKSE.
  • Providing international risk advice to a NYSE-listed investment management company focusing on the development of digital payments, digital finance and marketing technology platforms.
  • Advised a prominent asset investment firm on international anti-corruption and sanctions risks in relation to a controlling investment in an infrastructure investment trust in India.

Corporate Investigations

  • Conducted an internal investigation on behalf of a Hong Kong-listed logistics, financial services and engineering company in response to suspected financial misconduct, fraud, and breach of fiduciary duties by directors in Singapore and Hong Kong.
  • Conducted an internal investigation into whistle-blower allegations of financial irregularity and fraudulent misconduct in relation to an asset management services platform established by a NY-listed global investment firm.
  • Conducted an anti-bribery and internal controls investigation for a prominent global alternative asset investment firm in relation to potential allegations of fraud and misconduct relating to its portfolio investment in Saudi Arabia.
  • Conducted multiple anti-bribery, books and records/internal controls investigations for a major U.S.-listed pharmaceutical, medical devices, and consumer goods manufacturer in Indonesia and Japan into allegations involving fabricated documentation; inappropriate interactions with HCPs and government officials; third party distribution risks; and inappropriate involvement in the preparation of an investigator-initiated clinical research scientific protocol.
  • Conducted an internal investigation on behalf of a Hong Kong-listed company in response to suspected financial misconduct, fraud, and breach of fiduciary duties by directors.
  • Advised a global financial institution in relation to requests for information from the Hong Kong ICAC in connection with a bribery investigation.
  • Acted as counsel to a multinational software company in an antitrust investigation before the Hong Kong Competition Commission in relation to allegations of price fixing.

Professional Associations and Memberships

  • The Law Society of Hong Kong - Member
  • The Canadian Chamber of Commerce in Hong Kong - Member
  • McMaster Alumni Association of Hong Kong - Chairman

Admissions

  • Hong Kong (2013)

Education

  • Chinese University of Hong Kong (PCLL) (2011)
  • Chinese University of Hong Kong (JD) (2010)
  • McMaster University (Bachelor of Arts in Political Science) (2006)

Languages

  • Cantonese
  • English
  • Mandarin
  • Co-author, "ESG risks and opportunities in the infrastructure investment cycle", APREA Knowledge Brief Vol.5, August 2021
     
  • Co-author, "Navigating the Currents of US and PRC Sanctions: Compliance and Best Practice for Financial Institutions," China Law and Practice, May 2021
     
  • Co-author, "INSIGHT: Hong Kong Financial Regulator Can Seize Devices, Access Accounts," Bloomberg Law, April 2020

  • Co-author, "A Shift in U.S. FCPA Policy—Should Chinese Companies be Worried?" Bloomberg Law, June 2019

  • Co-author, "Anti-corruption due diligence in cross-border transactions," Thomson Reuters, March 2019

  • Co-author, “Heads or Tails? Are Europe’s GDPR and China’s Cybersecurity Law Two Sides of the Same Coin?” China Business Law Journal, May 2018