Yuthana is a partner and co-head of the Investigations, Compliance & Ethics Practice Group at Baker McKenzie, Bangkok. He is an acknowledged leader in the field of government procurement and contracts, and public-private partnership (PPP) projects. One of his most notable areas of expertise is advising on court cases that challenge decisions made by government authorities, or address disputes arising from procurements, bid rigging, administrative orders and contracts, as well as arbitration proceedings.
Prior to joining the Firm, he was a judge advocate, serving in the Royal Thai Navy for more than five years, becoming well versed in government procurement and contracts, and negotiation and investigation skills.
His roles and responsibilities covered a wide range of issues dealing with administrative law, government contracts and civilian and military personnel law, acting as an inquiry official legally empowered to conduct investigations. His responsibilities also extended to the provision of legal advice in the area of procurements, terms of reference (TOR), and contracts in procuring armaments and naval ships, as well as the law on the use of navally supervised state-owned land, including drafting rules and regulations and negotiating international contracts for the Royal Thai Navy.
Yuthana's current role is focused on servicing and further developing the Healthcare & Life Sciences and Consumer Goods & Retail Industry Groups. These industries touch on a wide range of areas of law, such as administrative law, public procurement law, consumer protection and product liability.
Within the local Corporate and Commercial Practice Group, he currently serves as co-head of the Investigations, Compliance & Ethics Compliance Practice Group and head of the Corporate and Fraud Investigation subgroup. He is often approached to assist clients in response to the findings of internal or external auditors, following whistleblower complaints, or in instances where management suspect fraudulent activity, such as kickbacks between business partners. Work includes fact gathering (review of documents and interviews with management, employees, and third parties), analysis of facts and evidence, and advice on pursuing claims under criminal, civil, or employment law.
He has also experience in public private partnerships (PPP), and government projects ever since his period of service as Judge Advocate. As a result of this diverse experience, his areas of knowledge span a broad range of both public and private sector law. For many years, Yuthana has served as the point person for handling compliance related inquiries from government agencies on behalf of clients, supporting clients through the process of government investigations, and defending clients in response to allegations of breaches made by regulatory authorities. This is a particularly niche area of practice, requiring deep understanding of the laws concerning anti-corruption, bid rigging, and public procurement, and extensive experience of dealing with public sector agencies.
Representative Legal Matters
- Advising on public-private partnership (PPP) projects relating to expressways, seaports, dockyards, state-owned land use, and online 2-3 digits lottery projects.
- Advising on public-private partnership projects in the Eastern Economic Corridor, including the high-speed rail link designed to connect Don Mueang, Suvarnabhumi and U-Tapao airports, and the development of the Makkasan area.
- Advising on procurement regulations and telecommunications issues relevant to the e-passport project, military satellite projects, aircraft, air surveillance radar, and close-in weapons systems for naval ships.
- Advising on reimbursement of medical expenses under the laws of welfare in relation to medical expenses and the National List of Essential Medicines.
- Advising leading healthcare clients on procurement regulations and compliance issues in connection with the expansion of distribution channels.
- Advising a top-tier pharmaceutical company and leading business and technology consulting firm in reviewing and analyzing the anti-corruption law related to an investigation procedure, including preparing corresponding letters to defend the cases with the authorities.
- Advising on goods on loan issues and median price of supplies under the public procurement law.
- Supporting clients in arbitration proceedings in disputes arising from government contracts and procurements.
- Supporting clients in court cases relating to government contracts and procurements at the Supreme Court’s Criminal Division for Persons Holding Political Positions.
- Supporting clients in disputes arising from administrative orders and contracts at the Administrative Court.
Recommended Lawyer in Technology, Media and Telecommunications, Asia Pacific Legal 500, 2011 and 2013
Certificate of Honor for Educational Contribution for the School of Information Technology, King Mongkut’s University of Technology Thonburi, 2005
Professional Associations and Memberships
- Central Land Development Subdivision, Department of Land, Ministry of Interior – Member of the Board (2004-2008, 2012-present)
- Bangkok Metropolis Land Development Subdivision, Ministry of Interior – Member of the Board (2008-2012)
- Motion Picture Business Support, Ministry of Culture – Member of the Board (2006)
- National Policy Committee, Legislative Development – Member, Subcommittee Arranging Statutory Codes for the Purpose of Public Convenience (2005-2006)
- Legal Committee of King Prajadhipok's Institute (2002-2006)
- The Thai Bar Under the Royal Patronage
- The Lawyer Council of Thailand Under the Royal Patronage
- Thailand (1988)
- King Prajadhipok's Institute (Advanced Certificate Course in Politics and Governance in Democratic Systems for Executives) (2010)
- Pennsylvania State University, Dickinson School of Law (LL.M. Comparative Law) (1995)
- Tulane University (LL.M. International Law) (1994)
- Tulane University (Introduction to American Law, Certificate) (1993)
- Tulane University (Legal English, Certificate) (1993)
- Judge Advocate General's School, Ministry of Defense (JAG Basic Course, Certificate) (1990)
- Thammasat University (LL.B.) (1987)
- Co-author, "Eighth Fundamental Element of Internal Control Measures under the NACC's Guidelines," The Anti-corruption Law Series, September 2021
- Co-author, "Seventh Fundamental Element of Internal Control Measures under the NACC's Guidelines," The Anti-corruption Law Series, September 2021
- Co-author, "Consumer Goods and Retail: Modern-Day Transformation," Lexology, 31 August 2021
- Co-author, "Sixth Fundamental Element of Internal Control Measures under the NACC's Guidelines," The Anti-corruption Law Series, August 2021
- Co-author, "Fifth Fundamental Element of Internal Control Measures under the NACC's Guidelines," The Anti-corruption Law Series, August 2021
- Co-author, "Fourth Fundamental Element of Internal Control Measures under the NACC's Guidelines," The Anti-corruption Law Series, August 2021
- Co-author, "Transparency: A Hard Look Required Post-Covid," Lexology, 23 July 2021
- Co-author, "Third Fundamental Element of Internal Control Measures under the NACC’s Guidelines," Lexology, 24 July 2021
- Co-author, "Thailand: The Healthcare & Life Sciences Supply Chain - How Is the Industry Changing?" Lexology, 22 July 2021
- Co-author, "Second Fundamental Element of Internal Control Measures under the National Anti-corruption Commission (NACC)’s Guidelines," Lexology, 3 July 2021
- Co-author, "First Fundamental Element of Internal Control Measures under the National Anti-corruption Commission (NACC)’s Guidelines," Lexology, 2 July 2021
- Co-author, "What are the benefits for companies that have appropriate internal control measures under the Anti-Corruption Act?" Lexology, 29 June 2021
- Author, "Public-Private Partnership Law Series: Non-Bidding Regulations," Lexology, 25 January 2021
- Presenter, "Post-Acquisition Integration Series: Compliance Audit and Dawn Raids," YouTube, 29 June 2020
- Author, "Direct Sales" and "Direct Marketing," Lexology and Bakermckenzie.com, June 2017, February 2018, October 2019, June 2020, July 2020 and October 2020
- Visiting lecturer, Business, Trade Competition and Intellectual Property Laws, Graduate Program in Technopreneurship and Innovation Management (Interdisciplinary Program), Graduate School Chulalongkorn University, 2008-present
- Visiting lecturer, Business Law for BBA International Program, Faculty of Commerce and Accountancy, Thammasat University, 1995-2001