Legal Business

Signature boosts revenue 16% as dispute boutiques sustain their ascendency

Signature boosts revenue 16% as dispute boutiques sustain their ascendency

City litigation specialist Signature Litigation has capped off a run of high-profile mandates to record a 16% uptick in revenue for the 2016/17 financial year.

The rise sees turnover climb to £11.95m. Under Signature’s profit-sharing scheme, 21% of profits were paid out to staff. Cumulative profits paid out by Signature over the last five years amount to 131% of salary. Signature’s structure sees ownership held more widely than the traditional equity partnership towards a co-operative model.

However, this year’s profit pay-out is significantly lower than last year, when members of the firm received a 34% share. The firm said that increased investment in partners and the launch of a local operation in Gibraltar explained the lower figure. The firm’s growth has also slowed on 2015/16 when Signature hiked income by 36% to just over £10.2m.

Signature chief executive Kevin Munslow commented: ‘The firm continues to grow consistently year-on-year, and we take pride in having a system which returns the value of our success to every employee in the firm without the intervention of any discretionary element.’

Signature has seen its headcount expand over the last year, with the number of fee-earners now standing at 50. Senior additions over the period include Ioannis Alexopoulos from Bryan Cave, Simon Bushell from Latham & Watkins and Josh Wong from DLA Piper.

Signature also worked on a number of headline-grabbing cases over the last 12 months. Among the mandates was the Royal Bank of Scotland (RBS) group action, in which Signature partner Graham Huntley represented thousands of investors in a £4bn rights issue dispute. Huntley also acted for Eurasian Natural Resources Corporation on a dispute with the Serious Fraud Office focused on legal professional privilege.

Huntley commented: ‘The arrival of four new heavyweight partners has further strengthened our core practices and international capabilities, and also fortified the foundation of partners who share the commitment to the firm’s values and non-discretionary economic ownership.’

The performance underlines the dramatic ascent of disputes boutiques in recent years in the City legal scene with peers such as Enyo, Stewarts Law and Three Crowns securing a string of big ticket cases. Stewarts one of the top performing players in this year’s LB100, with revenues up 25%.

tom.baker@legalease.co.uk

Legal Business

Signature Litigation client ENRC to appeal as High Court rules in favour of SFO in legal privilege claim

Signature Litigation client ENRC to appeal as High Court rules in favour of SFO in legal privilege claim

The High Court has ruled that documents prepared by mining giant Eurasian Natural Resources Corporation (ENRC) in relation to a Serious Fraud Office (SFO) investigation were not protected by legal professional privilege (LPP).

Signature Litigation client ENRC has announced its intention to appeal the decision, signalling an extension to the long-running dispute with the SFO, which began in 2013.

The ruling relates to a criminal investigation by the SFO which alleged fraud, bribery and corruption on the part of ENRC. As part of the investigation, the SFO requested that ENRC produce relevant documents. ENRC claimed these documents were protected by LPP and were therefore justified in resisting the request.

But in the judgment, Justice Andrews ruled that the SFO was warranted in its request: ‘There is a recognised public interest in the SFO being able to go about its business of investigating and prosecuting crime; and the sort of evidence which one would expect to be found in the Disputed Documents is likely to be of considerable value to its current investigation.’

An ENRC spokesman stated: ‘We are very surprised by this ruling and we will appeal today’s decision because the effect of this judgment is that a party who wishes to consult a lawyer in relation to an SFO dawn raid or criminal investigation is not entitled to the protections afforded by litigation privilege.’

ENRC was represented by Signature Litigation partner Graham Huntley, who instructed Fountain Court Chambers’ Richard Lissack QC and Tamara Oppenheimer in addition to Outer Temple Chambers’ Saaman Pourghadiri. Eversheds Sutherland acted on behalf of the SFO, and instructed Bright Line Law’s Jonathan Fisher QC and Blackstone Chambers’ James Segan and Eesvan Krishnan.

Huntley commented: ‘This judgment for the first time signals that litigation privilege will be unlikely to protect that legal work, meaning that genuine attempts by clients to investigate allegations will have to be embarked upon knowing that privilege will not cover whatever is produced.’

The ruling follows a decision by the senior courts costs office to allow ENRC to have multimillion-pound bills from Dechert assessed after the mining company claimed it had been overcharged. ENRC initially hired Dechert in 2011 in relation to the company’s self-reporting process ahead of the SFO’s investigation.

tom.baker@legalease.co.uk

Legal Business

Revolving doors: Linklaters adds depth to Asian offices as Signature opens in Gibraltar with key hire

Revolving doors: Linklaters adds depth to Asian offices as Signature opens in Gibraltar with key hire

In a busy week for lateral hires, firms have been actively adding to their offices at home and abroad. Linklaters has made a couple of key appointments in Asia while a host of other firms have hired laterals in the UK, the US and Gibraltar.

Eversheds Sutherland has bolstered its UK tech and real estate practices with the hire of Mark Chester from Gowling WLG. Chester is a real estate lawyer with a specialism in real-estate backed operating businesses, primarily in the technology sector.

Alternative business structure Keystone Law has also been busy, hiring Lewis Silkin’s defamation partner Jonathan Coad. Coad is chiefly experienced in advising media corporations on defamation and privacy disputes, reviewing and editing material prior to broadcast. In addition to Coad’s appointment, Keystone has strengthened its ship finance team with the dual hires of Benjamin Maltby from Ince & Co and TLT’s head of maritime Anastasia Papadopoulou. Maltby is a barrister with an expertise in luxury asset law while associate Papadopolou is experienced in advising high-net-worth individuals.

Elsewhere Signature Litigation has established a Gibraltar presence with the hire of commercial litigator Elliott Phillips as a partner. Phillips joins from local firm ISOLAS and will head Signature’s new Gibraltar office. Phillips is both a barrister and Member of Parliament in Gibraltar and specialises in global commercial litigation and high value trusts disputes work.

In New York, Dechert has hired Linklaters former US banking head Jeff Norton in New York, alongside Paul, Weiss, Rifkind, Wharton & Garrison corporate partner Gareth Clark, who joined the firm on 1 May.

Linklaters has made appointments in both its China and Singapore offices. In Singapore, Niranjan Arasaratnam has joined Linklaters as a partner from Australian firm Allens, where he headed its corporate practice. Arasaratnam specialises in the corporate aspects of TMT law, and will co-head Linklaters’ global TMT sector. In China, Linklaters has hired Simon Meng and Andrew Ruff as partners, to add depth to the firm’s corporate and project teams. Meng is a corporate lawyer with over 25 years’ experience in M&A transactions while Ruff has over 16 years’ experience in energy infrastructure investments and project finance deals.

tom.baker@legalease.co.uk

Legal Business

RBS rights issue litigation narrowed as 40% of Signature’s claimants take settlement

RBS rights issue litigation narrowed as 40% of Signature’s claimants take settlement

A significant portion of the Royal Bank of Scotland (RBS) investors represented by Signature Litigation in the ongoing £4bn rights issue battle have settled their claims, while a remaining 60% of the firm’s claimants, including 27,000 retail investors, are pushing forward for trial on 3 May.

A statement issued by the claimants said that some of their party were ‘willing to swallow large losses in return for some compensation.’

The statement added: ‘We are pleased that some members of our group have been able to come to an agreement with the bank. However, we remain resolute in our fight for justice for retail shareholders and the numerous institutions that remain in this litigation. We are funded for the trial ahead.’

Led by Signature Litigation partner Graham Huntley, the claimant group represents individual and institutional investors who lost money during a June 2008 rights issue in which £12bn was raised for the bank. Later that year, RBS collapsed and was bailed out by taxpayers at a cost of over £45bn.

The action is levelled against RBS’ former chief executive Fred Goodwin in addition to three other executives: former chairman Tom McKillop, former financial director Guy Whitaker and former head of corporate markets Johnny Cameron.

Claimants represented by Quinn Emanuel Urquhart & Sullivan, Mishcon de Reya and Stewarts Law settled their cases in December 2016. RBS is represented by Herbert Smith Freehills partners Adam Johnson, Simon Clarke, Kirsten Massey and James Norris-Jones. The firm came under scrutiny after it emerged in June last year it would likely exceed its previous cost estimate of £92m.

tom.baker@legalease.co.uk

Legal Business

Q&A: Signature Litigation’s Graham Huntley on potential mergers and the need for litigators to behave

Q&A: Signature Litigation’s Graham Huntley on potential mergers and the need for litigators to behave

In the middle of a monumental class action against RBS representing around 25,000 claimants, Signature Litigation founding partner Graham Huntley talks to Tom Baker about the firm’s co-operative structure, the market and the pressures facing commercial litigators in 2017.

Do you see the commercial litigation market growing? If so, why?

What we’re seeing is a market that is becoming more tailored to the needs of the client. There is a bedding down in the large international law firms of work that is appropriate for those players. At the same time, you’re seeing the bedding down of the niche firms who are operating in a symbiotic relationship with the large firms. Both of them growing. As they grow, they are propelling a general growth in litigation too. The commercial litigation product seems to be more appropriate for many than it was 10 or 20 years ago.

What is making litigation funding more prevalent?

We’re in the early days of litigation funding. Clients are enthusiastic about what it can do for them in terms of access to litigation opportunities. But there is a lagging appreciation of the responsibilities that go with being funded by third parties which perhaps not all corporates fully appreciate.

Why is litigation against banks in particular on the increase?

To some degree banks were seen to be “open season” post-financial crisis. In other senses they were exposed by regulatory reports that identified practices that were open to claims in civil courts. Then there is the legislation which allows more group actions to be brought against banks, in addition to litigation funding which provides a platform for those claims. The Magic Circle firms are growing to look after banks in a very sophisticated and institutionalised way, so you are seeing the niche firms becoming very adept and managing the interplay between client, funder and stakeholder. Niche firms are coming to be viewed as predominantly claimant operations, which I question especially for a firm like Signature.

How can you continue Signature’s impressive growth over the next few years?

All firms should have a priority of increasing the quality of the litigation product for clients. You should be growing the offering, with volume following on from that in that order. We’re going for steady growth, but growth of our offering first. We’re not going for massive growth by itself, if I could use an expression, it would be “steady and stable growth.”

In light of recent market news, would Signature ever consider a merger?

Who can say never? But it’s certainly not on our agenda. We are a co-operative, so it’s not easy to merge or be taken over. We run the firm for the members, meaning everyone who is employed in it. Co-operatives keep looking after their own people. Every member of the firm, whether they are a partner or the most junior support staff, has a fixed non-discretionary, proportionate, entitlement to the firm’s profits which is an immutable right that can’t be taken away.

What is the priority for commercial litigators over the next five to ten years?

The need for commercial litigators to maintain appropriate standards of behaviour and conduct in the face of overbearing business pressures on them. This includes the modern insecurities many partners have: the financial pressures of big business models, the mentality of winning at almost any cost, the huge opportunities generated from success and the fear of negative publicity. It troubles me that what used to be respectful jousting 30 years ago, has sometimes become more negative behaviour today. I hope that can be curtailed as we go forward.

Litigators also need to think about how they can try to help the patently under-resourced judiciary to do its best.

tom.baker@legalease.co.uk

Read more: ‘Focal points – Law boutiques and the art of focus’

Legal Business

‘A great tactician’: Latham City disputes chair exits for boutique

‘A great tactician’: Latham City disputes chair exits for boutique

Boutique disputes outfit Signature Litigation has landed top commercial litigation and arbitration lawyer Simon Bushell from Latham & Watkins.

Bushell (pictured) joined the US giant in 2013 and has acted as chair of the firm’s London litigation department since 2014.

Prior to his move in 2013, Bushell spent more than 16 years as a partner at Herbert Smith Freehills, the firm he joined in 1987. Bushell is rated in the Legal 500 for his work on civil fraud, banking litigation, commercial litigation and international arbitration.

Signature founding partner Graham Huntley said: ‘Simon’s strong reputation, especially in civil fraud, speaks for itself. We have grown substantially and Signature is a strong platform for another senior litigator such as him. He is highly commercial, imaginative and a great tactician.’

Bushell’s hire brings Signature’s team to ten partners and 30 fee earners. The boutique recently saw its revenues increase by 36% for the 2015/16 financial year to £10.2m. The addition of Bushell continues the firm’s investment in lateral hiring after it recruited of Bryan Cave litigation partner Ioannis Alexopoulos in September last year.

Signature currently has a number of key cases on its books, including the ongoing £4bn shareholder group action against the Royal Bank of Scotland (RBS), a major dispute against Credit Suisse on behalf of the investment fund of Georgian billionaire Bidzina Ivanishvili and his family for losses over mismanagement of his portfolio in Switzerland, which have led to criminal proceedings against the bank’s fund managers, and representing energy major ENRC in its high profile costs and privacy dispute with its former legal adviser Dechert.

matthew.field@legalease.co.uk

Legal Business

Signature Litigation: Contractual interpretation – eyes on the Financial List

Signature Litigation: Contractual interpretation – eyes on the Financial List

Abdulali Jiwaji

Partner, Signature Litigation

abdulali.jiwaji@signaturelitigation.com

Sarah Kelly

Associate, Signature Litigation

sarah.kelly@signaturelitigation.com

Disputes over contractual interpretation find their way to the courts relatively frequently, leaving judges to unpick the wording of complex commercial agreements which will often have been negotiated in detail over many months. The courts will have to weigh up the natural meaning of the words in the contract after hearing arguments driven by the commercial implications of different interpretations for the parties involved, and what one might conclude after applying business common sense. The establishment of the Financial List is itself testament to the complexities encountered by the court in resolving financial markets disputes, and in these types of cases the exercise of contractual interpretation can involve more complexities than most.

Legal Business

Signature sees revenues soar 36% to £10.2m as boutique hires Bryan Cave litigation star

Signature sees revenues soar 36% to £10.2m as boutique hires Bryan Cave litigation star

Disputes boutique Signature Litigation has seen revenue soar by 36% to £10.2m for the 2015/16 financial year, and continues invest in lateral hiring with Bryan Cave litigation partner, Ioannis Alexopoulos.

The firm’s gross profit margin stands at roughly 50% and under its profit sharing scheme, it gives away around 10% to all staff members at the firm. Under Signature’s profit sharing structure economic ownership is transferred away from the traditional equity partner model towards a direct and fixed participation of all members of the firm. Every pound of profit is split according to fixed and non-discretionary formula. The firm’s 2015/16 profit share of 34.3% to all members of the firm, is a significant increase on the previous year’s payment of 20.4%.

Chief executive officer Kevin Munslow told Legal Business: ‘The last four and a half years – our primary aim has been to broaden out the practice and even out the peaks and troughs. It’s a combination of the year before where we saw revenues dip a little – this is partly recovery from that. It’s regular day to day cases – there are a couple of cases where the rates have been particularly good – but it’s a reflection of the fact that the firm has been working on a handful of significant cases throughout the year concurrently. That’s kept everyone busy.’

Key cases on the books includes the ongoing £4bn shareholder group action against the Royal Bank of Scotland (RBS), a major dispute against Credit Suisse on behalf of the investment fund of Georgian billionaire Bidzina Ivanishvili and his family for losses over mismanagement of his portfolio in Switzerland, which have led to criminal proceedings against the bank’s fund managers, and representing energy major ENRC in its high profile costs and privacy dispute with its former legal adviser Dechert.

In relation to profit sharing, Munslow adds: ‘In over the four years we’ve been operating we’ve given away profits worth 109% of base salaries worth to people who have been here from the start. That’s in addition to regular fee earner bonuses. People often think there is a catch to this – that we’ll claw it back somehow. Lots of firms have some element of profit sharing but often the reality is they fudge the issue and never actually pay out – and if they did, it was small. The reality is with this scheme that I can’t muck around with the parameters.’

Signature has also boosted its ranks with Bryan Cave litigator Alexopoulos, who joined the firm earlier this month. Alexopoulos trained at Holman Fenwick Willan and spent eight years working at the firm before joining DLA Piper as an associate in 1998. He eventually ascended to partner in 1998 and was at one time served as DLA’s London head of litigation.

He specialises banking disputes, particularly those involving financial products, investment banking and derivatives, as well as joint venture and shareholder disputes, shareholder protection, business break-ups and fraud. Other high-profile hires in recent months includes Clyde & Co litigator Julian Connerty.

Signature now houses eight partners and a further 22 fee earners strong, with the last year having seen the firm move into newly refurbished floors at their Fetter Lane offices, which will provide additional room for the ongoing growth of the firm. Munslow says the firm’s maximum headcount would range between 12 to 15 partners and overall 50 to 60 fee earners.

sarah.downey@legalease.co.uk

Legal Business

Signature Litigation acts for Ivanishvili as the Georgian billionaire sues Credit Suisse

Signature Litigation acts for Ivanishvili as the Georgian billionaire sues Credit Suisse

Signature Litigation has been instructed by the investment fund of Georgian billionaire Bidzina Ivanishvili and his family in a dispute against Credit Suisse for losses over mismanagement of his portfolio in Switzerland, which have led to criminal proceedings against the bank’s fund managers.

Having forged his estimated $5bn wealth in post-Soviet Russia through banking, metals, and real estate, and serving as the prime minister of Georgia in 2012 for one year, high profile tycoon Ivanishvili (pictured) entrusted his money to the bank and claims that unauthorised hazardous trading caused significant losses to his portfolio.

In particular the claim relates to former banker, Patrice Lescaudron, who was in charge of Ivanishvili’s account. Ivanishvili filed criminal complaints with Geneva’s public prosecutor in December and January 2015, alleging fraud and mismanagement.

Signature has now been instructed to oversee global strategy and coordination of claims reported to be worth hundreds of millions of dollars, although the firm declined to comment on the value of damages pursued. Recovery actions against are being brought against the bank’s private wealth team in Geneva and its Bermudian-based life insurer.

In a statement the firm said it is currently considering claims against other parts of the Credit Suisse Group for ‘various alleged failures by Credit Suisse to manage client funds and investments, and as regards monitoring, commissions and preservation of trust assets.’

The most recent financial statements for Credit Suisse, for 2015, made a provision of CHF821m in relation to litigation including claims arising from the various parts of the group which are exposed to similar claims from other wealthy groups.

It is understood Credit Suisse has not yet appointed external counsel for the action – although it is known to primarily use Freshfields Bruckhaus Deringer for disputes work.

In addition to criminal proceedings in Switzerland, Signature is working with its overseas instructed law firms including offshore firm Harneys and has applications pending before the courts in the British Virgin Islands and the Bahamas for permission to bring derivative claims in the name of investment companies in the Credit Suisse structure that was set up to manage the client funds and investments. Signature confirmed it is in the course of preparing proceedings in other jurisdictions.

The upcoming legal battle is an unwelcome distraction for Zurich-based Credit Suisse, which is struggling to shift strategy under new chief executive Tidjane Thiam. In 2014 the Zurich-headquartered bank pleaded guilty to criminal charges that it helped Americans evade taxes, and was fined $2.5bn by the US justice department.

Signature’s appointment to a multijurisdictional dispute signals the increasing acceptance and recognition of the disputes boutique model. Signature’s team is led by partner Adam Rooney who joined the firm from Greenberg Traurig Maher in November 2015, and is working with founding partner Graham Huntley.

Huntley told Legal Business: ‘It is perhaps unusual to see a niche litigation practice instructed to bring such wide-ranging international claims but this is a strong validation of the niche firm offering that may be a sign of more to come.’

Credit Suisse declined to comment.

sarah.downey@legalease.co.uk

Legal Business

Signature Litigation: Policing arbitration – can accountability deficit be addressed?

Signature Litigation: Policing arbitration – can accountability deficit be addressed?

Natalia Chumak

Partner, Signature Litigation

natalia.chumak@signaturelitigation.com

Nick Storrs

Senior associate, Signature Litigation

nick.storrs@signaturelitigation.com

Over recent decades, arbitration for dispute resolution has become increasingly popular. Commercial parties are becoming far more amenable to resolving their differences by private means rather than through national court systems, which can be more costly and time-intensive. There is, of course, nothing wrong in engaging in a private, consensual process and there are numerous advantages of doing so. But the framework within which such disputes are resolved must be unimpeachably robust in order to meet the objective in any dispute resolution process: to do justice between the parties in accordance with the law. Accordingly parties’ autonomous right to submit disputes to arbitration needs to be structured within a legislative framework which governs and regulates the arbitral process. This is in part to: