Derek T.C. Sun

Professional Information

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Partner-in-Charge Derek T.C. Sun has become one of the best Taiwanese litigators of his generation since co-founding Innovatus Law in 2014, backed by his extensive experience and a track record of successes in corporate control fight, construction, commercial dispute, and governmental regulation.

Derek’ s notable government regulation litigation matters include successful defense of a domestic banking client in a dispute against the government over an exclusive franchising business, the stake of which exceeds NTD 5 billion (USD 160 million). He has also represented a client in a high-profile antitrust lawsuit, where he successfully challenged the Taiwan Fair Trade Commission’ s NTD 3 billion (USD 100 million) administrative penalty. Derek also assisted a semiconductor foundry in successfully overturning the administrative penalty and transnational investment restrictions imposed by the Taiwan government.

Derek represented a well-known international aerospace company in a civil litigation against the Taiwan Civil Aeronautics Administration in relation to a NTD 2 billion (USD 60 million) air traffic control system, and obtained a favorable judgment. In the area of public procurement, he represented an international company, and successfully dismissed a decision on blacklisting imposed by a governmental agency. In addition, he represented clients in disputes relating to other private construction projects, ranging from commercial real estate development, dam construction, embankment, and golf course development.

Derek has participated in numerous corporate law cases, such as his representation of well-known listed companies involved in proxy contest in litigations concerning the legality of shareholders’ and directors’ meeting and the election of directors, preliminary injunctions, etc. He also represented a U.S. industrial group in an international arbitration at ICDP-AAA, dealing with a joint venture dispute arising from a cross-border merger. Also familiar with telecommunication regulations, Derek has represented the cable and telecom industries in negotiations with regulators and advised media clients on investment, listing, merger, antitrust, and fair competition matters.

Derek is well-experienced in the emerging areas of electricity, energy, environmental law, and infrastructure. He not only provided clients with solid legal advice, but has participated in several government-funded research projects. He represented and advised clients on the Taiwan Electricity Act as overhauled in 2016, the Green House gas emission regulations, and other laws and regulations for public utilities. He also represented independent power plants in a high-profile litigation against governmental agencies for rate adjustment in the power purchase agreement.

Legal 500, a London-based institution focusing on law firm research and ranking service, recommended Derek Sun as “an exceptional individual with a passion for solving legal issues … patient and highly knowledgeable in all aspects of business legal conflicts… performs very well in court.”

Derek T.C. Sun worked for Baker & Mckenzie and Jones Day. He earned his bachelor and master degrees from the most prestigious law schools in Taiwan and the United States. He previously served as the Deputy Secretary-General of the Taiwan National Bar Association, and is now a Director of Columbia Alumni Taiwan.

Experience

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• Represented a Japan-based company in an administrative proceeding to challenge a blacklisting decision imposed by a governmental agency.
• Represented a U.S.-based public chemical company in an international arbitration at ICDR-AAA for a contractual dispute arising from a cross-border M&A transaction.
• Represented a domestic financial holding company in a corporate control litigation.
• Represented a domestic commercial bank in a series of administrative litigations to sue the administrative agency for a dispute over an exclusive franchise.
• Represented an internationally-acclaimed aerospace manufacturer against the Civil Aeronautics Administration on a dispute over purchase of high-tech navigation facilities.
• Represented a foreign commercial bank on an ownership dispute under a floating charge agreement.
• Represented one private power plant in an administrative litigation against Fair Trade Commission’s charge of cartel activities.
• Represented a domestic mobile communication equipment manufacturer in dealing with a dispute arising from an international transaction.
• Represented a real estate development company in dealing with the default penalty.
• Represented a leading global manufacturer in communications technology against the charge of criminal offense under the Governmental Procurement Act.
• Represented the management of a leading financial holding company against criminal charges of insider trading, stock price manipulation, and irregular transaction.
• Represented the founder of a leading global semiconductor foundry in dealing with administrative penal- ties relating to cross-border investment and financial regulations.
• Counseled for an ADR offering at NYSE by a big domestic telecommunication service provider.

Publications

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Journal Article (in English)

• Chia-heng Seetoo and Derek T.C. Sun, Taiwan Chapter, in INITIAL PUBLIC OFFERINGS 2017,
• 283-297 (Ilir Mujalovic & Harald Halbhuber eds., 1st ed. 2017, Global Legal Insights)

Journal Article (in Chinese)

• Derek and Chia-heng Seetoo, Using a Closely Held Corporation in the Governance of Family Business, Family Governance Review, June 2016.
• Derek Sun and Venus Lee, The Empirical Study on Vacation of Arbitration Award – from 2007 to 2011, The Arbitration Quarterly, May 2013.
• Derek T.C. Sun and Chia-heng Seetoo, The Administrative Appeal System of the National Communication Commission 2007-2009: An Empirical Study, Academia Sinica Law Journal (ASLJ), Issue 10, March 2012.

Thesis (in Chinese)

• Derek T.C. Sun, The Legal Establishment and Design of the National Communication Commission, National Taiwan University master thesis, June 2005.

Other Columns (in Chinese)

• Derek T.C. Sun, Preventing Market Failure or Promoting Competition Failure? The Fairtrade Lesson on Emerging Business, The Storm Media, November 2, 2021.
• Derek T.C. Sun, The Enactment of Commercial Case Adjudication Act and Commercial Court, Commercial Times, August 4, 2021.
• Derek T.C. Sun, Overwhelming Infiltration! The Offense and Defense in a Trade Secret Dispute, Commercial Times, April 28, 2021.
• Derek T.C. Sun, Time to Show the Power over the Chaos in Capital Market, Commercial Times, July 10, 2020.
• Derek T.C. Sun, Who Pays for a Murderer? On the Subrogation in National Health Insurance, Commercial Times, May 27, 2020.
• Derek T.C. Sun, The Key to International Financial Centre, Commercial Times, December 25, 2019.
• Derek T.C. Sun, “One Country Two System” for Voting Agreement – Analysis on the Impacts of Taishin Case, Commercial Times, August 15, 2019.
• Derek T.C. Sun and Selwyn Vong, Analysis on the Amendment of the Corporate Act – On “Approval for Recognition of a Foreign Company” and “Restrictions on Issuing Special Shares,” Commercial Times, March 5, 2019.
• Derek T.C. Sun, On the Brink of a Currency War, Commercial Times, August 30, 2018.
• Derek T.C. Sun, On Election, Authority and Responsibility of Independent Directors, Commercial Times, April 3, 2018.
• Derek T.C. Sun and Janine Lin, Insight of the Amendment to the Electricity Act, Commercial Times, October 7, 2016.
• Derek T.C. Sun, On the Legal Risks of the Cooperation with the Government, Deloitte Newsletter, November 2011.