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 The Legal 500 Asia Pacific, and he has also been recognized by various publications for his 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.

  • Continue to advise a leader in prepaid and payment solutions on its prepaid gift card business in Thailand for several famous technology brands. Work has included advising on electronic payment regulations, taxes, and supplier and vendor contracts.

Datesort icon Title
January 9, 2018

Two Tilleke & Gibbins Team Members Recognized in Who’s Who Legal Data 2018

Jeffrey J. Blatt, David Duncan

The debut edition of Who’s Who Legal Data  has recognized two members of Tilleke & Gibbins’ technology, media, and telecommunications (TMT) practice as experts in the telecommunications and...

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December 12, 2017

Fourteen Tilleke & Gibbins Lawyers Receive Recognition in Chambers Asia-Pacific 2018 Rankings

Chambers Asia-Pacific  has recognized the following 14 Tilleke & Gibbins lawyers and consultants for their impressive legal knowledge and expertise, capabilities, and client-focused services...

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December 12, 2017

Tilleke & Gibbins Earns Top Rankings in Chambers Asia-Pacific 2018 in Thailand

Tilleke & Gibbins has been recognized with Band 1 rankings for its Intellectual Property, Insurance, and Technology, Media, and Telecommunications (TMT) practices in Thailand in the 2018 edition...

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November 30, 2017

Legal 500 2018: Tilleke & Gibbins Ranked in Tier 1 in IP, Labor and Employment, Tax, and TMT in Thailand

Tilleke & Gibbins’ Bangkok office has been ranked in “Tier 1” for Intellectual Property, Labor and Employment, Tax, and Technology, Media, and Telecommunications in the 2018 edition of The Legal...

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November 30, 2017

The Legal 500 Asia Pacific 2018: Fourteen Tilleke Attorneys Named as “Leading Individuals”

The 2018 edition of The Legal 500 Asia Pacific  has named 14 Tilleke & Gibbins lawyers from across Southeast Asia as “Leading Individuals.” Ten of the firm's lawyers were recognized in...

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Datesort icon Title
January 9, 2018

Practical Law Communications: Regulation and Outsourcing Global Guide 2018 – Thailand

David Duncan, Jeffrey J. Blatt, Kasma Visitkitjakarn, Napat Siri-armart

Communications: Regulation and Outsourcing Global Guide – Thailand  provides a high-level overview of the issues and legal frameworks that regulate the communications industry and...

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December 25, 2017

Marketing Private Funds and Discretionary Account Services: Asia and Beyond (Eleventh Edition) – Thailand Chapter

David Duncan

David Duncan, a consultant in Tilleke & Gibbins’ corporate and commercial group, has contributed the Thailand chapter in the eleventh edition of Marketing Private Funds and Discretionary Account...

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November 29, 2017

Thailand’s Payment Systems Act 2017: Electronic Payments and Bankruptcy

Kitti Thaisomboon, David Duncan

In October 2017, the Thai government published the Payment Systems Act in the Government Gazette, setting out the framework for a new licensing and registration regime to regulate electronic payment...

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November 16, 2017

The International Comparative Legal Guide to: Telecoms, Media, and Internet Laws and Regulations 2018 – Thailand Chapter

David Duncan

The eleventh edition of The International Comparative Legal Guide to: Telecoms, Media & Internet Laws & Regulations  presents a cross-border overview of telecoms, media, and...

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August 31, 2017

Thailand Legal Basics

Thailand Legal Basics, a valuable primer for foreign investors, explores all aspects of living and doing business in Thailand. Written by Tilleke & Gibbins, the book begins with an overview of...

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