David Duncan

Consultant
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T: +66 2056 5538
F: +66 2056 5678

Practices

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 technology, media, and telecommunications (TMT); financial regulatory matters; antitrust/competition law; and projects. In the TMT space, which comprises the largest part of his practice, David has extensive experience in structuring and negotiating IT outsourcing transactions, developing structures by which to offer new telecommunications and/or IT services, handling TMT-related M&A transactions, advising on IT infrastructure projects, and advising on regulatory implications of all of the foregoing. He also has particular expertise in government contracting. His client base is foreign and domestic, and he advises new entrants to the market, as well as established operators. David is ranked as a leading lawyer in TMT by Chambers Asia-Pacific, and he has also been recognized by that and other publications for projects expertise.

  • Represented a U.S.-based provider of financial services technology in projects with Thai financial institutions.

  • Acted for a U.S.-based CRM software vendor in various projects with government and telecommunications counterparties.

  • Advised a payroll outsourcing company on the launch of payroll software as a service (SAAS) in Thailand. Our work included advice on corporate structuring, licensing requirements, taxation, data protection, data retention, and others.

  • Continue to advise a computer and network security company with its various IT outsourcing projects. The projects are particularly complex, as they involve multiple vendors, many change requests, and considerable urgency.

  • Represented a leader in prepaid and payment solutions on the launch of its prepaid gift card business in Thailand. Our work has included advice on electronic payment regulatory matters, tax, contracts with supplier and vendors, and many other matters.

  • Advised one of the world's leading social media platforms on various online marketing and advertising initiatives. Our advice has focused on personal data protection issues.

  • Provided advice to an online procurement solution provider for hotels on its expansion into Thailand.

  • Advised a large human resources company based in Japan in respect of regulatory compliance for its recently acquired online education provider. Our advice focused on licensing requirements.

  • Continue to advise a global Telecom Indian business conglomerate on licensing, ongoing business matters, net neutrality issues, and zero rating/sponsored data.

  • Assisted a leading provider of ICT solutions and services in its expansion strategy, which included the acquisition of a trader in wires and cables.

  • Represented one of the most popular mobile chat applications in Thailand with a range of matters, including implementing new functions.

  • Assisted a mobile application developer of electronic payments on contracting with telecommunications operators.

  • Advised an American multinational technology company on its hosted voice services for enterprises, as well as an innovative new product that combines picocells with Wi-Fi access points.

  • Represented a company that offers a system by which companies can outsource their reporting arrangements for whistleblowers. It allows for anonymous electronic reports. We have advised with respect to the deployment of this service and the related legal/regulatory implications.

  • Advised a major U.S.-based internet search provider on the launch of various new services in the Thai market. Our advice focused on location-based services.

  • Advising a U.S.-based credit card terminal manufacturer on electronic payment regulations and licensing requirements, for new services to be launched in Thailand. We also advised on Thailand’s e-micropayments initiative.

  • Advised one of India's leading online share trading portals on commodities trading regulations in respect of contemplated gold transactions.

  • 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).   

  • 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.

  • 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.

  • 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.

  • Assisted a multinational oil and gas trader with assessing environmental regulations and possible exposure based upon ownership of energy assets.

  • 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.

  • 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.

  • Advised an American global aerospace and defense technology company in relation to procurement of radar by the Royal Thai Air Force and related construction. Our work included government contracting advice, as well as assistance with construction contracts.

  • Represented a leading camera maker on the development and launch of a drone for sale in the Thai market which required our advice on newly enacted drone regulations promulgated by the Civil Aviation Authority of Thailand.

  • Acted for one of the largest sellers of cyanide for mining in respect of its arrangements to provide boxed cyanide to a major Thai mining company. Subsequently, we also advised on a new method of delivering cyanide to mining sites. Our work focused on business licensing requirements.

  • Represented a Chilean-based company that has developed a system for making large bodies of water and keeping them very clean on the launch of its operations in Thailand, as well as on related contractual issues. Its first major development project in Thailand is now under construction.

  • Advised an investment fund in respect of a planned biomass energy project.

  • Provided advice to a leading Korean steel-making company in arranging financing for development of a new factory line. The loan was particularly complex due to the different currencies involved and the security to be provided.

  • Advised the oldest and largest private bank in the United States on the offering of cross-border banking services.

  • 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.

  • Represented a private equity fund controlled by a subsidiary of one of Asia’s largest banking and finance groups. A Share Subscription and Investment Agreement, an Undertaking Agreement, and a Disclosure Letter were prepared for investment into a major rubber company in Thailand.

  • Assisted a worldwide distributor of dental and healthcare related products, listed on the NASDAQ, in an acquisition and joint venture with a market-dominant Thai distributor of medical and dental equipment.

  • Represented a reinsurer in negotiating a settlement with a leading Thai bank for property damages incurred during the 2010 riots.

Datesort icon Title
March 10, 2017

Tilleke & Gibbins Earns Nominations for Tax Firm of the Year in Myanmar and Thailand in Asia Tax Awards 2017

Tilleke & Gibbins has been nominated for the International Tax Review’s Asia Tax Awards 2017 in two categories: Myanmar National Tax Firm of the Year Thailand National Tax Firm of the Year...

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January 13, 2017

Fifteen Tilleke & Gibbins Lawyers Receive Recognition in Chambers Asia-Pacific 2017 Rankings

Chambers Asia-Pacific  has recognized 15 Tilleke & Gibbins lawyers and consultants for their impressive legal knowledge and expertise, capabilities, and client-focused services in its annual...

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January 13, 2017

Tilleke & Gibbins’ TMT Practice in Thailand Receives Highest Ranking by Chambers

Tilleke & Gibbins technology, media, and telecommunications (TMT) practice group in Thailand has been recognized by Chambers Asia-Pacific  with a “Band 1” ranking for the fifth consecutive...

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November 16, 2016

Legal 500 Asia Pacific 2017: Tilleke & Gibbins Ranked in Tier 1 for IP and TMT in Thailand

Tilleke & Gibbins has been ranked in “Tier 1” for Intellectual Property and Technology, Media, and Telecommunications in Thailand in the 2017 edition of The Legal 500 Asia Pacific, a guide to the...

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November 4, 2016

Asialaw Profiles 2017: Tilleke & Gibbins Leads All Firms in Rankings in Thailand

Asialaw Profiles 2017, a guide to the leading domestic and regional firms in the Asia Pacific, has awarded top rankings to Tilleke & Gibbins in Thailand. The rankings, which are determined...

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Datesort icon Title
May 5, 2017

Lex Mundi Guide to Doing Business in Thailand 2017

As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2017.This guide offers a broad introduction to all of the...

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October 19, 2016

The International Comparative Legal Guide to: Telecoms, Media, and Internet Laws and Regulations 2017 – Thailand Chapter

David Duncan, Luxsiri Supakijjanusorn

The tenth edition of The International Comparative Legal Guide to: Telecoms, Media & Internet Laws & Regulations  provides a comprehensive overview of telecoms, media, and internet laws...

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September 19, 2016

Regulation of Domestic Debit Card Transactions in Thailand

David Duncan

Back in 2012, Thailand’s Electronic Transactions Commission issued regulations that mandated domestic processing of domestic debit card transactions with debit cards issued in Thailand. It granted a...

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August 3, 2016

Lexology Navigator – Data Security and Cybercrime 2016 – Thailand Chapter

Jeffrey J. Blatt, David Duncan

Data Security and Cybercrime, published in the Lexology Navigator, presents a Q&A-style overview of data security and cybercrime in 28 jurisdictions worldwide. The Thailand chapter of the guide,...

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June 30, 2016

Marketing Private Funds and Discretionary Account Services (Eighth Edition) – Thailand Chapter

David Duncan

Marketing Private Funds and Discretionary Account Services  (Eighth Edition), published by Deacons, the Lex Mundi member firm for Hong Kong, provides a Q&A-style guide to capital raising and...

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