Vivien Li

Vivien focuses on contentious regulatory matters, and cross-border and domestic commercial litigation.

Her litigation practice includes acting for banks, asset managers, investment companies, administrators and receivers for injunctive relief, insolvency- and restructuring-related litigation, professional negligence claims, mis-selling claims, shareholder disputes and employment issues.

Vivien also advises clients on regulatory enforcement matters, including regulatory reporting and responding to dawn raids in investigations conducted by the Securities and Futures Commission, the Hong Kong Monetary Authority, Hong Kong Stock Exchange and foreign regulators.

Work highlights

Regulatory Investigations

• Advising a global hedge fund on an SFC dawn raid of its site and related investigation into alleged insider dealing.
• Advising a HK-listed Chinese real estate company on multiple regulatory investigations against the company and its directors concerning potential fund flow issues caused by transfers made between the company and its listed subsidiary.

Litigation

• Advising a Chinese state-owned enterprise in one of the largest shareholder disputes in Hong Kong, involving multiple proceedings in Hong Kong, PRC and the Cayman Islands.
• Acting for various local and global banks to trace, preserve and recover millions of dollars in dissipated assets following fraud and/or cyberattacks.
• Advising an asset management firm on Hong Kong court proceedings involving employee non-compete obligations.

Restructuring and Insolvency

• Acting for China Aoyuan and Add Hero on their parallel and inter-conditional schemes of arrangement in Hong Kong, the BVI and the Cayman Islands resulting in the successful restructuring of approximately US$7.3bn in offshore debt.

Other Regulatory Issues and Investigations

• Advising multiple global and local banks in relation to examinations by the Hong Kong Monetary Authority into their anti-money laundering controls and framework.
• Advising a global hedge fund in relation to an investigation by the South Korean regulators regarding potential market disturbance relating to material non-public information.
• Advising a global investment bank on responses to the Monetary Authority of Singapore in relation to allegations of mis-selling and other misconduct.
• Advising a global bank on potential breaches of the disclosure of interest regime and self-reporting to the SFC.
• Advising Big 4 firms on restrictions when disclosing information and documents in response to requests from foreign regulators.
• Advising a global investment bank on issues arising from the placement of shares in their role as joint sponsor in an initial public offering.

Other Litigation

• Acting for a global investment bank on a Hong Kong High Court litigation brought by Taiwan-based HNWI relating to the alleged mis-selling of swaps and accumulator financial products.
• Advising the joint administrators of a high-profile estate on multiple proceedings involving claims against the former professional advisors and directors of a Chinese investment company in relation to an unsuccessful investment in Mainland China.
• Successfully secured asylum for a Pakistani refugee and her family before the Torture Claims Appeal Board.

Other Restructuring and Insolvency

• Advising multiple asset management firms and professional receivers on enforcement strategy against corporate and individual guarantors following loan disputes with distressed Chinese property developers.
• Advising receivers appointed over a BVI-incorporated investment company to take control over companies, and recover assets in Hong Kong and Mainland China, and pursue claims against the former directors. This included successfully defeating a strike out application.
• Advising a Kuala Lumpur-listed shipping company on strategy for potential claims by shareholders and multiple financial stakeholders in a distressed debt situation.

Vivien holds a Juris Doctor from, and completed her Postgraduate Certificate in Laws at, The Chinese University of Hong Kong. Vivien obtained her undergraduate degree from Durham University.

Contributor to Wolters Kluwer: International Arbitration and Mediation Practical Insights on Damages & Valuation.