Malaysia

Azmi & Associates is pleased to announce the appointment of Airene Ho as Senior Counsel in the Firm’s Corporate & Commercial Practice Group, effective 15 January 2026. Airene Ho Eu Ghee Senior Counsel [email protected] Airene was admitted to the Malaysian Bar in 1997 and brings more than 25 years of legal experience spanning private practice and in-house leadership roles. She began her career as an Advocate & Solicitor, practising for seven (7) years before spending more than two decades in the corporate sector as General Counsel and Head of Legal for leading organisations. She has since returned to legal practice. During her time in private practice, Airene advised and represented a diverse clientele on complex corporate, commercial, intellectual property, and litigation matters. Her notable assignments include: Acted for a leading U.S. software company and secured a landmark software piracy decision against copyright infringers, reported in Malaysian media. Successfully defended an appeal on the assignment of debt, reported as Arab-Malaysian Bank Bhd v Teamsystems Interior Sdn Bhd [2004] 6 CLJ (Supp) 232. Led a team advising Pengurusan Danaharta Nasional Berhad, Malaysia’s national asset management company, on the recovery of non-performing loans during the 1997–2000 financial crisis. As an in-house counsel, Airene has advised on complex and high-value matters across multiple jurisdictions, including acquisitions, investments and divestments, joint ventures, strategic collaborations, and complex cross-border disputes. Her experience spans the real estate and life sciences / biotechnology sectors, where she served as a strategic adviser to Boards and senior leadership teams, delivering commercially aligned legal solutions to support organisational growth and resilience. She has also gained exposure to sustainability-related initiatives involving the voluntary carbon market. Drawing on her complementary experience in both private practice and in-house leadership, Airene is particularly passionate about transactions at the intersection of corporate, commercial, and intellectual property law, especially where business objectives align with environmental and sustainability priorities. Airene holds an LL.B (Hons) from the University of East London and an MBA. She has passed the Patent Agent Examination and is a MIM Certified Professional in Intellectual Property Management (MIM-CPIPM). This appointment reflects the Firm’s continued commitment to strengthening its leadership and delivering high-quality, commercially focused legal solutions. We are delighted to welcome Airene and look forward to her valuable contributions to the Firm and its clients. Corporate Communications Azmi & Associates 20 January 2026

Azmi & Associates is pleased to announce the appointment of Ahmad Hafiz Zubir as Partner, General & Intellectual Property (IP) Litigation Practice, together with the full consolidation of Hafiz Zubir & Co. (“HZC”) into Azmi & Associates, as well as the appointment of Hadi Mukhlis Khairulmaini as Partner within the Firm’s Litigation Practice Group, all effective 1 January 2026. This strategic move represents a deliberate step to accelerate growth in the Firm’s IP capabilities, broaden our offering in general civil litigation and SME corporate advisory, and expand our geographic footprint within the Bangi–Putrajaya corridor, an area of increasing commercial and innovation activity. With these appointments, the Firm now counts twelve (12) Partners within its Litigation Division, reflecting both the expanding scale and increasing sophistication of our dispute resolution and arbitration portfolio. This growth aligns with the Firm’s commitment to strengthening its position as a leading advocate in complex, high-value, and technically demanding legal matters. [caption id="attachment_54140" align="alignnone" width="210"] AHMAD HAFIZ ZUBIRGeneral & IP Litigation Practice [email protected][/caption] [caption id="attachment_54138" align="alignnone" width="210"] HADI MUKHLIS KHAIRULMAINILitigation Practice [email protected][/caption]   Ahmad Hafiz Zubir has been appointed as the Firm’s 29th Partner.   Hafiz is the founding and principal partner of HZC since 2018, where he has established a respected specialist practice in intellectual property (IP), litigation, and dispute resolution. Hafiz has authored and contributed to several practitioner-focused publications, reinforcing his standing in the IP legal community. He is the author of "A Practical Guide on Trademark Registration in Malaysia" book, which was published in November 2025 by Sweet & Maxwell (Thomson Reuters) Malaysia.   He holds a Bachelor of Laws (Honours) from the International Islamic University Malaysia (IIUM) and a Master of Intellectual Property from Universiti Kebangsaan Malaysia (UKM). He is currently pursuing a PhD, reflecting his strong commitment to thought leadership and the advancement of IP jurisprudence.   His experience covers a broad range of IP disputes, including copyright infringement involving creative works and design concepts; trademark disputes relating to misrepresentation, passing off, and brand ownership; patent infringement involving the unauthorised making, use, or commercialisation of protected inventions; and industrial design infringement concerning the replication of registered designs. He also regularly advises on disputes between former business partners, particularly where intellectual property assets are central to the conflict.   Hafiz works closely with enforcement authorities on IP infringement matters, including assisting the Ministry of Domestic Trade and Cost of Living (KPDN) in raids and anti-counterfeiting enforcement. He has also handled numerous licensing, commercialisation, and royalty engagements with higher learning institutions and research bodies, including UKM, particularly in matters involving technology transfer and IP monetisation.   Beyond legal practice, Hafiz is actively involved in professional development and training. He is a certified trainer with the Human Resources Development Corporation and contributes to capability-building initiatives aimed at promoting awareness, understanding, and responsible use of intellectual property across industries.   Previously, he was a Partner at Khairil Ahmad & Co. and Adnan Sharida & Associates, and began his legal career as a pupil at RamRais & Partners. His experience across multiple platforms has given him a well-rounded perspective on litigation, client advisory work, and firm leadership. The appointment of Hadi Mukhlis Khairulmaini marks the Firm’s 30th Partner, representing a strategic expansion of our litigation leadership bench.   Hadi is an accomplished civil and commercial litigator with robust experience across all levels of the Malaysian judiciary.   His portfolio includes significant exposure to high-stakes commercial, utilities-related, and public law disputes, reflecting both technical sophistication and practical litigation strategy.   His entry into the Partnership is expected to further elevate the Firm’s capacity to manage complex mandates and deepen client confidence in our dispute resolution services.   Prior to joining Azmi & Associates, Hadi served as a Partner at Messrs. Steven Thiru, bringing with him a highly regarded litigation pedigree and a strong track record in high-value and complex disputes.   Hadi holds a Bachelor of Laws (Honours) degree from Universiti Teknologi MARA (UiTM), and was admitted to the Malaysian Bar in June 2009.   Over the course of more than 17 years in practice, he has developed extensive litigation experience spanning contractual and commercial disputes, negligence and tort claims, land and property matters, administrative and public law (including judicial review proceedings), employment and industrial relations disputes, as well as construction and infrastructure-related litigation.   He has consistently demonstrated courtroom credibility, having appeared regularly before the High Court and the appellate courts, including in a number of reported and precedent-setting matters. His advocacy style combines technical precision, sound judgment, and disciplined litigation execution.   Hadi began his legal career with Messrs. Shook Lin & Bok, where he completed his pupillage in 2008 and was subsequently retained as an Associate following his admission to the Bar. Over the course of seven years, he progressed to the rank of Partner, reflecting sustained performance, professional growth, and measurable client impact.   During his formative years at the firm, he received mentorship from Mr. Steven Thiru, former President of the Malaysian Bar, which helped him develop a robust foundation in complex civil and commercial litigation.     These appointments mark an important milestone in the Firm’s continued growth and commitment to excellence in intellectual property, litigation and dispute resolution. Please join us in extending a warm welcome to Ahmad Hafiz Zubir and his team, and Hadi Mukhlis Khairulmaini, as they embark on this new chapter with Azmi & Associates.   Corporate Communications Azmi & Associates 1 January 2026

Zaid Ibrahim & Co is pleased to announce the promotion of its deputy managing partner, Amin Abdul Majid as its new managing partner, effective 14 July 2025. Amin succeeds Gilbert Gan who will assume the role of Senior Partner of the firm. Amin joined the firm in 2011 and co-leads its Infrastructure, Energy and Utilities practice. He has a strong track record as an energy and corporate lawyer, most recently advising on the introduction of innovative technologies in the electricity supply industry, the regulation of new upstream oil and gas activities and the sale of the production arm of a large international engineering company. He also advised in the drafting of the Renewable Energy Act 2011, the Energy Efficiency and Conservation Act 2024 as well as the recent Carbon Capture, Utilization and Storage Bill 2025. Amin is recognized by leading legal journals including Legal 500 Asia Pacific 2025 (Leading Partner), Chambers and Partners 2025 (Top ranked Lawyer for Projects, Infrastructure and Energy), IFLR 2024 (Highly Regarded), and Asialaw Leading Lawyers 2024 (Distinguished Practitioner). Amin obtained his Bachelor of Laws (Honours) from the London School of Economics and Political Science, University of London, and Master of Jurisprudence in Energy Law from the College of Law, Tulsa University, U.S.A. Tan Sri Dr Nik Norzrul Thani Nhassan Thani, the firm’s Executive Chairman, says, “As one of Malaysia’s top homegrown firms, we know that the key to maintaining high quality and innovative services for our clients is cultivating a dynamic ecosystem for talent, leadership growth and proper succession planning.” Gilbert Gan adds, “Having worked closely with Amin, I know him to be an exceptional lawyer and a great colleague who inspires and brings people together. We are very pleased to have Amin as managing partner. He represents our next generation of leadership to take our firm forward into new realms of opportunity in the changing legal and business environment.” Amin says, “I am honoured and energised by the confidence of my colleagues in this opportunity to lead Zaid Ibrahim & Co. This firm’s unwavering commitment to delivering exceptional value, empowering our people, embracing technology and making a meaningful impact is what drew me here, and will remain my guiding principles as I spearhead the firm forward. I want to express my sincere gratitude to Tan Sri Dr Nik, Gilbert and the partnership for their trust and for the strong foundation they have built.” About Zaid Ibrahim & Co Zaid Ibrahim & Co is one of the largest law firms in Malaysia, with international links built through our unique experience in having a strong ASEAN footprint and global networks. The firm has built up a reputation for its commitment to high quality and innovative services to its clients since its establishment in 1987. Its reputation is widely recognized and acknowledged by clients and consistent top rankings in established regional and international legal publications and numerous awards received over the years.

Every employee owes a duty of good faith or fidelity to his employer which requires that he does not use or disclose any confidential information gained in the course of his employment without the employer's consent.The company’s confidential information is important as it allows the company to compete with its competitors. If the said confidential information is exposed to a third party, it will weaken the company’s competing powers against its competitors and subsequently cause huge loss to the company.1 It has to be noted that the duty of confidentiality extends even after the employment contract ends.2 The courts have held that what makes the information confidential is the fact that the maker of the document has used his brain and thus produced a result which can only be produced by somebody who goes through the same process. Hence, when the recipient of the information makes use of the information, he avoids from doing the work and saves himself the time and trouble of having to do the work notwithstanding the fact that he is capable of doing it.3 An employee's obligation of confidence applies to his employer's trade secrets4 such as manufacturing processes, secret formula, cost prices, quoted prices, specific needs and requirements of the customers and suppliers, status of all on-going negotiations with the customers, and price list.5 However, it has to be borne in mind that not all information will be classified as confidential. A former employee is not prevented from using the skill and knowledge in his trade of profession which he has acquired in the course of his employment.6 On termination of employment, only information that qualifies as a trade secret or its equivalent would be protected. Elements to Prove Breach of Duty of Confidentiality Duty of confidentiality can be traced back to the case of Coco v AN Clark (Engineers) Ltd [1969] RPC 41 wherein the court held that that there are three elements essential to a cause of action for breach of confidence namely:- that the information was of a confidential nature; that it was communicated in circumstances importing an obligation of confidence; and that there was an unauthorised use of the information. In deciding whether or not there is a breach of confidentiality committed by an employee, our courts have applied the principle formulated in the abovementioned case. The High Court in the case of Rotta Research Laboratorium SPA & Anor v Ho Tack Sien & Ors (Chai Yuet Ying, third party) [2015] 4 MLJevi 222, applied the three elements cited above in deciding that the Defendants had breached their duty of confidentiality as all three elements in the case of Coco v AN Clark (Engineers) Ltd were fulfilled. In this case, the court found that the Plaintiff’s information was of a confidential nature as the information includes detailed pharmaceutical data of a type of drug called Viartril-S and its manufacturing process. The Defendants too had access to the Plaintiff’s database of its distribution network, lists of customers and marketing information concerning the sale of Viartril-S. The confidential information was communicated in circumstances importing an obligation of confidence as the Second Plaintiff trusted the Defendants and made available their trade secrets to the Defendants so that they could perform their job as an employee and consultant of the Second Plaintiff respectively. The court found that the Defendants within a year after becoming involved with the registration of Viartril-S manufactured a similar type of drug, Artril 250. The Defendants then had successfully registered the product with unusual speed which indicated that the Defendants must have put into use the confidential information obtained in the course of their employment with the Second Plaintiff into the manufacturing of Artril 250 to their benefit. Remedies In the event that an employee or a former employee breaches his duty of confidentiality, the employer concerned may seek legal recourse by claiming for damages and/or seeking for injunction. Generally, for cases involving breach of duty of confidentiality, damages will not be an adequate remedy as it is difficult to quantify the loss suffered by the employer. To be able to claim for damages, the employer has to furnish evidence to show that the employer's trade secrets have been utilised by the employee to the detriment of the employer.7 It is sufficient for the employer to prove that there is a likelihood of damage such as proving that the goodwill of a business or its reputation is injured. On the other hand, if the employer could demonstrate that there exists a real risk of future injury, the employer would be granted a permanent injunction.8 When seeking for an injunction, the employers have to first properly identify the confidential information or else it may be difficult to enforce the said injunction.9 In view of the above, the duty of good faith or fidelity may be expressly or impliedly provided in the employment contract which not only requires the employee to observe his duty of confidentiality during the course of his employment but also requires the employee to refrain from disclosing the confidential information even after his employment ends. As such, an employee has to be cautious so as to not use, divulge and/or disclose to whomsoever, any confidential information and/or trade secrets obtained during the course of their employment with the former employer after the employment had ceased. Authors: Melinda Marie DÁngelus and Vanessa Iskandar Ng Footnotes Publicis (M) Sdn Bhd Dan Satu Lagi Lwnadele Wee Kay Ren Dan Satu Lagi [2007] 2 MLJ 395. Schmidt Scientific Sdn Bhd v Ong Han Suan [1997] 5 MLJ 632. Saltman Engineering Co Ltd & Ors v Campbell Engineering Co Ltd [1963] 3 All Er 413 At P 415 (Ca); Schmidt Scientific Sdn Bhd v Ong Han Suan [1997] 5 MLJ 632. Dato' Vijay Kumar Natarajan v Choy Kok Mun [2010] 7 MLJ 215. Schmidt Scientific Sdn Bhd V Ong Han Suan [1997] 5 MLJ 632. Vsl Prestressing (Australia) Pty Ltd V Dj Mulholland [1971] 2 MLJ 89. Worldwide Rota Dies Sdn Bhd v Ronald Ong Cheow Joon [2010] 8 MLJ 297. Ibid. Ocular Sciences Ltd v Aspect Vision Care Ltd [1997] RPC 289; China Road & Bridge Corporation v Dcx Technologies Sdn Bhd [2014] MLJU 406.