Rafael H. E. Khan


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Rafael Khan’s principal area of practice is Employment Law. He has handled collective bargaining negotiations for some of the country’s largest corporations; represented employers in certification election proceedings; and litigated employment law and termination disputes at every stage of the process, successfully defending management actions in landmark Supreme Court litigation such Manila Electric Company v. Secretary of Labor for power utility MERALCO and Manggagawa ng Komunikasyon sa Pilipinas (MKP) v. Secretary of Labor for telco PLDT. He has been tapped by the Department of Labor and Employment (DOLE) has been tapped by the Department of Labor and Employment (DOLE) to deliver seminars on employment law topics and labor relations, and does the same with the firm’s Employment Law speaker’s bureau, which provides similar learning sessions for client managers.

Atty. Khan is listed in international legal directory Chambers and Partners as one of the Philippines’ leading employment counsels.

Another area of Mr. Khan’s practice is Intellectual Property law. He has represented packaging company Alcan, property developer Ayala and paper manufacturer SCA against claims of patent infringement; handled litigation involving the TRIPS Agreement for pharmaceutical company Pfizer; led trademark enforcement raids for Swedish Match; and regularly provides copyright advice to advertiser Lowe and music company Warner.

A significant area of Rafael Khan’s practice in the late 90s that is now thankfully less active was in Corporate Rehabilitation. He participated in a number of bankruptcy proceedings as creditor’s counsel for Philippine Bank of Communications and PCIBank (prior to its merger with Banco de Oro). In 2006 he was debtor’s counsel to one of the first BPO rehabilitation proceeding in the Philippines, for Epixtar, where corporate restructuring efforts from 2006 to 2008 coincided with that company’s Chapter 11 process in the United States.

He has been fortunate to have a relatively eclectic client list, with companies covering many industries, including retailers like Rustan’s; food manufacturer General Mills; water utility Maynilad; the Philippine unit of beverage maker Coca-Cola; mining company Philex; television broadcaster Associated Broadcasting (TV5); airlines Cathay Pacific and Philippine Airlines; and BPOs 24/7 Customer and Teleperformance.

Recently, Raffy has been involved in a number of multinational transactions, managing multidisciplinary teams providing diverse advice on a number of transactions and issues, including (a) the spin-off of a BPO client’s services to a “captive” onshore operation; (b) the structuring and negotiation of Canadian company’s investment into a Philippine mining company; and (c) high-level internal company investigation of a US FCPA (Foreign Corrupt Practices Act) matter.

Raffy graduated from the University of the Philippines with an undergraduate degree in Communication (major in Journalism), cum laude; and with a law degree from the University of the Philippines College of Law in 1995, where he was Gonzalo W. Gonzalez Awardee for Most Outstanding Legal Intern. He joined the firm in 1995 and has been a Partner since 1999. He also teaches Media Law at his undergraduate alma mater, the UP College of Mass Communication; and while with the firm from 1996 to 1998, was a consultant to the office of Senator Blas Ople, a highly regarded former Secretary of Labor and widely considered as the “father” of the Philippine Labor Code.

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