Represented a premier developer and publisher of entertainment software in introducing a best-selling video game in Thailand, including advising on distribution and end-user licensing agreements (EULAs).
David Duncan
Consultant
PRACTICE
OFFICE
LANGUAGE
English
EDUCATION
JD, George Mason University School of Law
BA, University of Florida
David Duncan is a consultant in the Tilleke & Gibbins corporate and commercial group, specializing in complex international transactions. He focuses on new economy business sectors, including technology, media, and communications, but works with a full spectrum of clients in other industries, as well. A significant component of David’s practice consists of competition law and trade remedies, on which he has advised a number of specialty manufacturers and vendors.
David is committed to the long-term success of his clients, many of whom seek David’s assistance on a full range of legal matters and rely on him for strategic advice in building or enhancing their operations, both in Thailand and overseas. David and his colleagues work with clients who are new to the region, as well as those who are seeking expansion.
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Assisted a producer of real-time strategy games with the launch of their latest offering in Thailand. Much of our work focused on localizing business approaches and terms of use. The game went on to meet with considerable success, both in Thailand and overseas.
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Assisted in structuring an airline alliance. As two major international carriers were organizing a joint venture, the firm was approached to assist. The joint venture is now in operation, and has helped to position both carriers for improved profitability.
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Represented an international steel producer in combating unfairly priced imports from certain other countries. We assisted in petitioning for an investigation, so as to ultimately assess antidumping duties. If approved, the measures will result in increased profitability.
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Assisted a multinational oil and gas trader with assessing environmental regulations and possible exposure based upon ownership of energy assets.
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Provided advice to a multinational mobile phone network company in relation to data interception and data access via mobile phone and e-mail usage in Thailand.
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Represented a major U.S. telecommunications and software vendor in negotiations with five Thai mobile telecom operators to deploy mobile number portability (MNP) in Thailand. We successfully negotiated the deal to full deployment, which included a build operate and agreed optional transfer build out, as well as handled the formation of the client’s Thai subsidiary and associated visa/work permits and required Thai bank guarantees. MNP is now up and available in Thailand.
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Conducted due diligence on behalf of a financial institution considering whether to finance the build out of a state-owned operator’s planned 3G network in Thailand and advised the financial institution regarding risk factors. The proposed loan amount as publically disclosed exceeded USD 500,000,000.
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Advised a consortium of financial institutions on telecommunications laws in connection with their bids to provide credit facilities (totaling THB 15.85 billion) to a major telecommunications operator for the expansion of a 3G mobile network and infrastructure.
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Represented a multinational supplier and services provider to the petroleum industry in the establishment of their Thailand operations. Our client's goal was to take a regionally flexible approach that would ensure continued growth of the business in the region. We worked closely with our client to develop a strategy allowing for the minimization of tax exposure for the company, while ensuring compliance with applicable employment laws.
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Assisted a well-known provider of tools and hardware in resolving executive employment issues. This situation was very sensitive, but we managed to provide for an amicable departure without litigation.
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Advised a global telecommunications company on various labor and employment matters. Among them, we helped this client to rationalize a broad range of global employment policies. In addition, we consulted on the many issues inherent to multi-jurisdictional expatriate employment matters.
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Acted on behalf of a global supplier of high-pressure cylinders in the establishment of company operations in Thailand. Ramping up to establish a factory in Thailand, the company wished to engage a highly-qualified engineer to handle various tasks related to initial operations and establishing the factory. We developed a strategy to provide for a strong employment relationship, while providing for the flexibility and accountability necessary for the future.
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| November 11, 2011 |
FTCC Breakfast Talk: Managing the Consequences of the Flood David Duncan The flood crisis which is currently threatening to engulf Bangkok has affected the operations of many companies in Thailand. To help educate companies about how to manage business risk and... |
| April 28, 2011 |
Pimvimol (June) Vipamaneerut and David Duncan Present on Human Capital Pimvimol (June) Vipamaneerut, David Duncan On April 27, 2011, Tilleke & Gibbins partner Pimvimol (June) Vipamaneerut and associate David Duncan gave presentations on legal issues relevant to human capital as part of the Dataconsult... |
| January 18, 2011 |
Experts Put Map Ta Phut into Perspective for Foreign Investors Charunun Sathitsuksomboon, David Duncan On January 18, 2011, Charunun Sathitsuksomboon, Attorney-at-Law, and David Duncan, Consultant, presented on “Map Ta Phut and the Thai Regulatory Environment” at the Tilleke & Gibbins auditorium.... |
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| January 13, 2012 |
Understanding Signing Documents Electronically David Duncan Clients often ask about the use of electronic signatures. However, when we delve further into their questions, we tend to find there is a misunderstanding as to precisely what this means. Often what... |
| January 4, 2012 |
Lex Mundi Guide to Doing Business in Thailand 2012 This guide provides a detailed overview of doing business in Thailand. Topics covered in the guide include investment, import and export regulations, exchange controls, tax, requirements for... |
| December 23, 2011 |
PLC Doing Business in … Multi-Jurisdictional Guide 2012 – Thailand Chapter Sriwan Puapondh, Hiranrat Chakartnarodom, David Duncan, Chaiwat Keratisuthisathorn, Michael Ramirez, Anake Rattanajitbanjong, Siripong Siriworanark This chapter provides an overview of the legal system and key laws for foreign companies doing business in Thailand. Presented in a question-and-answer format, the chapter examines the rules... |
| December 14, 2011 |
Thailand Legal Basics, a valuable primer for foreign investors, begins with an overview of Thailand’s legal system, including its history and the events and professionals that are shaping the legal... |
| October 21, 2011 |
In Times of Calamity, Laws Governing Labor Get Tricky Pimvimol (June) Vipamaneerut, David Duncan Given the present flooding issues in Thailand, many people have concerns about employment issues. Put simply, “If my factory is flooded, must I keep paying my employees?” As with most legal questions... |
