Drew & Napier - Partners' Profiles

Wendell joined Drew & Napier LLC in 2000. Prior to that, he was a Deputy Public Prosecutor/ State Counsel with the Singapore Attorney General’s Chambers from 1997 to 2000.

Over the years, Wendell has developed a vibrant civil, commercial and criminal practice with an increasing arbitration practice. Wendell is recommended in Asia Pacific Legal 500, the prestigious international legal publication, in the area of dispute resolution. He has been referred to by name in the International Law Office in the area of white collar crime.

During Wendell’s tenure as a public prosecutor, he handled several high-profile prosecutions involving complex commercial crimes, white collar crimes and corruption offences. In 1999, he was the Attorney General’s Chambers’ delegate at the International Anti-Corruption Conference, Durban, South Africa. In 2002, he was seconded by Drew & Napier LLC to Freshfields Bruckhaus Deringer's Dispute Resolution Department in London and worked on various contentious matters, including with Freshfield’s Anti-Competition Team on investigations by UK competition law regulators against a major rail company for alleged anti-competitive practices.

Wendell is on the panel of attorneys for various embassies in Singapore including the US Embassy, Embassy of the Kingdom of Netherlands, the Embassy of Sweden and the Embassy of the Republic of Indonesia in Singapore.

Wendell has been a regular trainer for the advocacy module at the Practice Law Course and other similar courses organised by the Law Society. He was an adjunct advocacy tutor for the Advocacy Module at the Law Faculty, National University of Singapore.

Currently, Wendell is also on the Panel of Lead Counsel on Supreme Court’s Legal Assistance Scheme for Capital Offences.

Wendell was one of the pioneer trainers for International Bridges to Justice - Ministry of Foreign Affairs "Criminal Justice Training for ASEAN Countries.” in 2011. Wendell has a passion for and is a strong advocate of pro-bono work for indigent individuals in Singapore.

Areas of Practice

Wendell is a litigator and has a vibrant practice as a trial and appellate lawyer.

His civil / commercial practice includes both contentious and non-contentions work with a particular focus on commercial disputes (listed and non-listed companies), product liability, cross border arbitrations, directors’ / shareholders’ disputes, minority oppression, tortious liability and medical negligence. He has been involved in negotiations, litigation and mediation in these areas. He has also been involved with advisory work for multi-national corporations on insurance laws, employment law, fraud investigations, corporate governance and regulatory matters.

Wendell has a comprehensive criminal law practice with a special focus on commercial crimes, securities crimes and corruption offences involving listed and non-listed companies. He has been appointed as lead counsel in several Foreign Corrupt Practices Act related investigations in the region. His practice includes both white and blue collar crime, narcotics offences, complex securities offences (including insider trading, market abuses), corporate disclosure offences, banking fraud, directors’ duties and related offences, corporate governance related offences, regulatory offences, complex fraud and corruption offences (local and cross border).

Experience

Wendell has 14 years of experience in a wide spectrum of civil and criminal proceedings in both the Supreme Court and Subordinate Courts and regulatory-compliance work. He has been involved in regulatory and pre-emptory advice, coroner's inquiries, plea-bargaining, mitigation pleas, civil inter-locutories, case management, trials and appeals. He also regularly advises several foreign embassies on Singapore laws.

Civil Cases (highlights only)

Arbitration Disputes

Successfully argued lengthy cross border arbitration in a joint venture commercial dispute involving issues of contract law and employment law including restraint of trade and non-competition clauses.
Represented multinational warehousing and logistics client in insurance related dispute over damage at warehouse including work place health safety issues.
Represents multinational pharmaceutical company in dispute involving Indonesian party- distributorship involving Singapore and Indonesian law.
Securities Law
Represents Asia Pulp & Paper ("APP") in the then largest debt restructuring in the world amounting to USD $16 billion and related US securities action (including dealings with the US Securities Exchange Commission), bondholders litigation and class action litigation in jurisdictions including Indonesia, Singapore, New York, California, various other parts of the USA, Canada and Bermuda. The APP group has more than 150 companies worldwide including U.S., Canada, China, India, Indonesia and Singapore.

Commercial Law including misrepresentation - fraud

Represents a multinational pharmaceutical company in a distributorship dispute with an Indonesian counterpart with proceedings in Indonesia and Singapore. Estimated value of dispute in excess of US$10 million.
Successfully represented franchisees from Australia, Indonesia and Singapore against Da Vinci Pte Ltd and the founder’s son - Raymond Phua for fraudulent misrepresentation over the Walking Culture franchise ("Da Vinci Case").
Represented multiple plaintiffs in a disputed cross border property investment fraud involving Canadian defendants and investments made in Canada.

Trust Law

Successfully argued a complex trust law suit involving family arrangements of oral trusts with trust assets in excess of S$60 million.

Minority Oppression- Company Law

Successfully argued a 22-day minority oppression law suit involving the former Chief Executive Officer in Alphomega Research Group Ltd, which was listed in Singapore on Philips Securities OTC. Successfully obtained an injunction against wrongful removal of the former CEO.
Represented multiple minority investors in a securities law suit for misrepresentation during IPO road shows against the former Chief Financial Officer of Alphomega Research Group Ltd.
Represents the family directors in family owned company- Malaysian Diary Industries ("MDI") in court actions involving patriarch’s breaches of fiduciary duties, shareholder dispute and related actions.
Representing majority shareholders in a High Court dispute with the minority shareholder in a ship repair business.

Negligence

Representing a local celebrity make up artiste in a medical negligence suit against an aesthetic doctor- Dr Amal Dass for botched nose job.
Representing the family of the deceased golfer who was struck by lightning at Tanah Merah Country Club (“TMCC”) in a landmark negligence suit against the local golf club.
Successfully argued a landmark product liability suit at trial and before the Court of Appeal for actress Andrea De Cruz, against importers and distributors of slimming pills- Slim 10.
Successfully argued a medical negligence suit against an urologist for an expatriate American cocoa trader in the 'Shrunken Testicles’ case.

Estate Claims

Successfully represented the family of a former Land Transport Authority (“LTA”) inspector in the ‘Nicoll Highway collapse’ case against LTA and the main Japanese contractor for tortious and estate claims which were eventually settled.
Representing Indonesian family members in an estate dispute over assets estimated in excess of US$100 million with proceedings in Indonesia and Singapore
Representing wife of a deceased husband in an estate dispute over assets in Singapore and India under the Inheritance Act and possible challenge of will.

Employment Law

Represented local listed company in employment dispute against former employee for breach of covenants including confidential information. Successfully obtained an injunction against the former employee restraining the use of company’s confidential information.
Represented senior management in the oil and gas industry in employment related departures-dismissals.

Defamation Law

Successfully defended a defamation suit by local construction company Hytech against subsidiary proprietor in the High Court and Court of Appeal.
Represented a prominent business magazine in potential cross-border defamation dispute.

Property disputes

Represented a multinational Hong Kong listed company on a disputed local property development.
Successfully represented high net worth investors over botched purchase of property in Singapore including misrepresentation by real estate agent in one such case.

Matrimonial Law

Successfully argued a contentious divorce proceedings and ancillaries over 5 years involving matrimonial assets in excess of S$20 million in the High Court and Court of Appeal.

Criminal Cases (highlights only)

Securities- Corporate Governance- Disclosure obligations- Directors’ Duties

Represented the former CEO of local listed company AEM-Evertech in a landmark whistle blower case involving corruption charges in what was termed by the media as a "landmark ruling" where the client was sentenced to the maximum fine and sparred an imprisonment term by the Singapore courts.
Representing a former independent director of Singapore listed company- Airocean in a landmark prosecution regarding corporate disclosure obligations under listing rules and securities law.
Represents a former Executive Director and CFO of listed company – JEL in securities related charges involving falsification of accounts, interested party transactions and alleged misleading public statements.
Represented listed timber company- Chuan Soon Huat’s family directors in a landmark case on corporate disclosure and director’s duties involving director’s disqualifications as well.
Represented former listed company - Datacraft in securities-related investigations by the Commercial Affairs Department.
Represented one of the daughters of the late Tan Sri Khoo Teck Puat in a landmark corporate governance case regarding fiduciary duties and non-disclosure offences under the Securities and Futures Act and Companies Act.
Represented Asia Pulp & Paper ("APP") in criminal investigations commenced by the Commercial Affairs Department regarding allegations of cross border commercial fraud in excess of hundreds of million dollars in jurisdictions including Singapore, Bermuda, Europe, USA, Hong Kong, etc.
Foreign Corrupt Practices Act ("FCPA")
Representing a multi-national pharmaceutical company in cross border Foreign Corrupt Practices Act ("FCPA") investigations which involve the Department of Justice, USA and related US reporting obligations. Lead counsel for FCPA related investigations in Asia.

Corruption Cases

Successfully defended the former CEO of Crimson Logic Pte Ltd in what has termed by the media as a ‘rare acquittal in a commercial crime case’ involving alleged commercial corruption which spanned some 60 hearing days in court over 10 months
Represented former CEO of listed company Linair Ltd in corruption related prosecution.

Commercial Crime Cases

Successfully defended a former employee of a large local construction company against charges of criminal breach of trust who was acquitted after 15 day trial.
Represented a US multinational company in the National Kidney Foundation (“NKF”) related investigations by the Commercial Affairs Department and Corrupt Practice Investigation Bureau.
Represented a former lawyer in a banking fraud case involving over S$3 million involving issues of oral trusts and misrepresentation.
Acted for the family of the late "King of Serangoon Road" in relation to banking fraud charges.

Immigration Cases

Acted in the criminal appeal of Lim Hong Kheng v PP involving offences under the Employment of Foreign Workers Act. Wendell received recognition and commendation by the High Court Judge for his efforts in pursuing his client’s appeal despite obvious pressures of time.

Murder Cases

Assigned counsel for Lee Chez Kee in murder trial of a former professor at the National University of Singapore. Rare spilt decision in the Criminal Court of Appeal involving important points of criminal law in Singapore.
Assigned counsel for Indonesian maid in murder trial PP v Barokah. The capital charge was reduced to culpable homicide not amounting to murder. Case was remitted by the Court of Appeal to the trial judge after successful arguments made by Defence counsel regarding inappropriate sentence by the trial judge.

Drugs Cases

Successfully represented a young drug trafficker in a widely publicized case PP v Mhd Ridzwan (also reported by CNN and other international media) where the young offender was granted probation at first instance. First ever reported case for a young drug trafficker who did not serve imprisonment term.
Represented a client who was involved in a high profile cocaine drug bust and other expatriate individuals for drugs related offences. The use of cocaine in Singapore remain relatively uncommon.

Court Martial

Successfully represented former MediaCorp Artiste, Marcus Ng in Military Court of Appeal case and trial involving military law under the Singapore Armed Forces Act.

Prosecutorial work

Represented the Info-Comm Development Authority of Singapore (“IDA”) in prosecutorial work involving regulatory offences under the Telecommunication Act.