Shaun Maloney

Shaun is a partner in Ogier's Cayman Dispute Resolution team and is based in Jersey. He has particular expertise in section 238 shareholder appraisal disputes, contentious trust matters and insolvency. He has appeared as counsel before numerous courts and tribunals internationally and is accustomed to managing complex, high-value litigation.

Background and experience

Shaun's recent cases include:

• Acting for dissenting shareholders in the recent US$3.2 billion privatisation of Chindata Group, a leading hyperscale data centre provider in Asia-Pacific emerging markets
• Representing the largest ever group of dissenting shareholders in the US$8.7 billion privatisation of China's largest online classifieds marketplace, 58.com.
• Advising dissenting shareholders in the US$1.5 billion merger of Arco Platform, an educational software developer based in Brazil
• Advising dissenting shareholders in the US$937 million take private of China's leading car services provider, eHi Car, including appearing in the leading decision on the availability of interim payments in section 238 proceedings 
• Acting for dissenting shareholders in the appraisal of one of the world's largest manufacturers of solar power products, JA Solar, including appearing in the touchstone decision on pre-trial directions 
• Appearing as trial counsel for dissenting shareholders in respect of the US$556 million privatisation of leading business-to-consumer e-commerce company E-Commerce China DangDang.
• Acting for dissenting shareholders in the US$480 million merger of leading Chinese online food delivery business, Xiaodu Life Technology, with an entity that was ultimately acquired by Alibaba
• Representing dissenting shareholders in the US$1.4 billion Nasdaq delisting and appraisal trial of iKang Healthcare
• Advising dissenting shareholders in the US$2.6 billion delisting of SINA Corp, a leading technology services provider (and parent to China's second largest social media platform)
• Acting for the executors of an estate worth over US$75 million in relation to numerous issues arising in its administration, including bringing an application to determine the will's proper construction and advising on the potential liability of the executor personally
• Advising trustees as to competing claims being asserted against trust assets and allegations of improper distributions being made by beneficiaries
• Representing the court appointed guardian of an incapacitated settlor and beneficiary in cross-jurisdictional proceedings challenging the trust's validity
• Implementing the multi-award winning privatisation of Taiwan Cement Corporation through the use of a Cayman Islands scheme of arrangement.
• Contesting supervision orders appointing official liquidators over solvent investment funds on the basis that such orders would not facilitate a more effective, economic or expeditious liquidation
• Challenging an order obtained by the Cayman Islands Monetary Authority (acting at the request of an Australian regulator) for the disclosure of information in support of an investigation into market manipulation.
• Obtaining common law recognition and assistance to liquidators appointed by the High Court of Hong Kong over a Cayman Islands company in circumstances where there were no parallel insolvency proceedings in Cayman
• Advising the Joint Provisional Liquidators on the restructuring of Ocean Rig - the Cayman Islands' largest ever successful restructuring and one of the largest globally, resulting in an exchange by creditors of approximately US$3.7 billion of debt for new equity

Shaun has worked in Ogier's Cayman and Jersey offices since joining the firm in 2011. Before joining Ogier, Shaun worked at a specialist commercial litigation firm in New Zealand, where he was admitted as a barrister and solicitor in 2007.

Shaun is a member of INSOL International and has had articles published in many leading publications. He is also is recognised in both the Citywealth Leaders List and Legal 500.

Admitted in:
2016 - Cayman Islands
2007 – New Zealand (non practising)