All posts by John P. Formichella

John P. Formichella is a US trained attorney and a leading expert in the Tech-Media-Telecoms (TMT) sector in East and Southeast Asia. He has 23 years’ sophisticated technology transaction experience (5 in Taiwan, 18 in Thailand), covering technology development and licensing projects, data privacy issues, infrastructure and business process outsourcings, systems integrations, ERP implementations, cloud computing and web hosting arrangements, data center and co-location agreements, and telecommunications procurements. John represents some of the largest software and telecommunications companies in the US, Europe and Japan with regard to their affairs in Thailand. His jurisdiction experience covers Thailand, Taiwan, India, Vietnam, Hong Kong and Laos, and his practice areas include corporate, regulatory compliance, labour & employment and energy. John has practiced with the firm for the past 14 years. Prior to joining BRS, he was an attorney at Minter Ellison practicing out of the firm’s Bangkok offices in its Corporate practice group. Prior to joining Minter Ellison, he was Vice President/General Counsel of Wherever.net Holding Corporation (a NASDAQ-listed telecoms company based in Hong Kong). Prior to joining Wherever.net, he was an associate for East West International Law Offices in Taipei, Taiwan from 1996 to 1999. John graduated from the State University of New York (University of Buffalo) earning Bachelor of Arts and Master of Arts (Economics) degrees, and a Juris Doctorate. He also studied at the Chulalongkorn University Faculty of Law in Bangkok. John is admitted to practice law in Washington, D.C. and is a member of the District of Columbia Bar Association. He has served as Chairman of the Information & Communications Technology Committee at the American Chamber of Commerce in Thailand since January 2013. He is also the exclusive member for TMT and Corporate Law in Thailand of IR GLOBAL, which is ranked by Chambers & Partners in its global-wide list of “Leading Law Firm Networks” and listed by The Legal 500. He has been ranked in Chambers & Partners’ Asia-Pacific client guide since 2014 and in The Legal 500 Asia-Pacific client guide since 2013. He is also recognized as an expert in Telecommunications Law by Who’s Who Legal. John’s publications include the Comparative Law Yearbook of International Business (Vol. 40A), a Special Issue examining recent developments in regulatory compliance and their impact on business operations in select jurisdictions, to which John contributed a chapter on Thailand, and Getting the Deal Through: Telecoms & Media (2017-19), a key legal industry publication that provides a comprehensive overview of the regulatory environment of the telecoms & media sectors in the world’s major jurisdictions. John was pleased to contribute as jurisdiction author for Thailand.

Cybersecurity Law in Thailand

Thailand has rapidly grown its digital economy, and has made a concerted push towards technological innovation. As technology has evolved within the country, however, so has the threat of cybersecurity issues.

Changes to the Thai Foreign Business Act with Certain Business Types Open to Foreign Operation

John P. Formichella Naytiwut Jamallsawat According to Thailand Foreign Business Act B.E. 2542 (FBA), there are 3 types of business activities that govern foreign participation in Thai commerce: List 1: Business Not Permitted to Foreigners List 2: Business Permitted to Foreigners under Conditions List 3: Business […]

Bangkok

Types of Telecommunications Business License in Thailand

The Telecommunications Business Act B.E. 2544 (2001) (“TBA”) provides that a person operating a telecommunications service in Thailand is required to obtain a license. “Telecommunications Service” is defined under the Act on the Organization to Assign Radio Frequency and to Regulate Broadcasting and Telecommunications Services B.E. […]