Revolving doors: US players dominate lateral recruitment as Alston & Bird opens City branch

starry sky over the City

US firms led the way with lateral hires in London last week, with Alston & Bird launching a City branch. The Atlanta-based Global 100 firm has hired three partners for its UK finance and payments practices.

Andrew Petersen joins from K&L Gates, where he was head of the finance practice and is joined by fellow finance partner James Spencer. Petersen and Spencer have worked together for more than 17 years and handle a range of transactions related to real estate private equity, commercial mortgage-backed securities, restructuring, and debt and equity workouts. They are joined by competition partner and payments industry specialist James Ashe-Taylor from Constantine Cannon where he was head of its European antitrust practice. Continue reading “Revolving doors: US players dominate lateral recruitment as Alston & Bird opens City branch”

Global firms lined up to advise as Thomas Cook rescue talks fail

Thomas Cook plane

With news this weekend that Thomas Cook is on the brink of collapse and has ceased trading with immediate effect, a number of global elite firms have been lined up to advise on the latest high-profile collapse of a household name.

Ashurst is advising  the Official Receiver as well as AlixPartners and KPMG, which were appointed as special managers in respect of certain Thomas Cook entities, while Slaughter and May and Latham & Watkins are advising Thomas Cook. Insolvency practitioners from AlixPartners have been appointed as special managers over the airline and tour operator companies, while practitioners from KPMG have been appointed as special managers to the group’s retail division and to its aircraft maintenance companies. Continue reading “Global firms lined up to advise as Thomas Cook rescue talks fail”

Pay to play – Bluechip clients force law firms to pay to pitch as GCs flex buying power

Major companies are pressing external counsel to pay to compete for adviser spots in a move set to be resisted by some major law firms. The practice sees law firms paying to be ‘validated’ by a procurement company, effectively pushing the cost of the agency onto the pitching law firms. One prominent case has been National Grid’s ongoing panel review. Santander has also used a comparable model on a recent pitch.

The National Grid panel review, covering a range of work understood to be worth about £12m a year in the UK alone, began six months ago and is due to be finalised at the end of November. Six to ten spots are available on its roster, which is being reduced from 12 advisers. Continue reading “Pay to play – Bluechip clients force law firms to pay to pitch as GCs flex buying power”

Comment: A no-deal outlook and the law – time for pragmatic pessimism

We go to press with Parliament locked in battle with the Government over threats to take the UK into a ‘no-deal’ exit from the European Union (EU). I’m not going to offer political predictions but we are clearly at the point where a disorderly exit from the EU is a very real prospect for the country and the profession.

The good news is that the largest UK law firms feel confident they can largely mitigate the immediate impact of no-deal, even with the abrupt end of EU rights to practise that have been such a boon. This is because potentially obstructive Bars in key markets in France and Germany have been kept onside and UK lawyers feel that other decent workaround options are available (see pages 12-13). With leading UK firms also having substantial foreign operations, including the Legal Business 100 having 19% of their lawyers in mainland Europe, and rapidly increasing their ranks of Irish-registered solicitors, the large outfits at least are braced. The Law Society recently issued research arguing a no-deal would knock 10% off the value of the UK legal market, equivalent to more than £3bn, and costing 10,000 jobs. Most law firm leaders see such predictions as excessive – a scepticism I share – though the industry does believe such an exit would be damaging. Continue reading “Comment: A no-deal outlook and the law – time for pragmatic pessimism”

Realistic: Eversheds sets new targets to combat paltry BAME partner numbers

Eversheds Sutherland London office

Transatlantic firm Eversheds Sutherland has today (19 September) announced new targets to improve BAME representation across its UK partnership, with the firm’s current figures among the worst in the UK’s top 12.

By 2025 the firm wants 10% of its UK partnership to be comprised of BAME lawyers, with the figure currently standing at just over 5%. Throughout its UK workforce, including partners, the firm wants to hit 14% BAME representation by 2022, with the figure currently sitting at just below 12%. Continue reading “Realistic: Eversheds sets new targets to combat paltry BAME partner numbers”

Luminance creates new advisory board as senior lawyers line up to back legal tech start-ups

Emily Foges

UK legal tech company Luminance has established a new advisory board aimed at accelerating AI adoption by BigLaw, with Slaughter and May senior partner Steve Cooke and Vodafone GC Rosemary Martin part of the heavyweight line up.

Cooke and Martin will sit alongside Italian law firm Portolano Cavallo founding partner Manuela Cavallo and former chairman of the International Bar Association Technology Committee Vagn Thorup. The group will support the work of the Security Advisory Board led by former director general of MI5 Lord Evans of Weardale KCB. Continue reading “Luminance creates new advisory board as senior lawyers line up to back legal tech start-ups”

‘A real competitor’: Kingsley Napley strengthens employment practice with Archon Solicitors acquisition

City of London

Kingsley Napley has acquired Archon Solicitors to create a combined employment practice of seven partners and 11 associates.

Corinne Aldridge, managing partner of City employment firm Archon, has been appointed as the new head of Kingsley Napley’s employment team. The Archon team will move into Kingsley Napley’s Farringdon offices on 30 September and will no longer operate under the Archon name. Continue reading “‘A real competitor’: Kingsley Napley strengthens employment practice with Archon Solicitors acquisition”

Private equity bidder closes in on Axiom break-off as sponsors continue New Law push

Axiom

The private equity push into New Law looks to be gathering momentum with Axiom Managed Solutions (AMS) in talks to arrange a sale to MML Capital Partners.

Legal Business has learned that the sponsor had been chosen as preferred bidder after AMS was put on the market earlier this year when the wider Axiom group unveiled plans to pursue an initial public offering (IPO). Though the value of a potential acquisition is unknown, MML buyout tickets normally range from €10m to €50m. Continue reading “Private equity bidder closes in on Axiom break-off as sponsors continue New Law push”

A&O adds NY capability in London as Freshfields lures Linklaters Paris partner

A double Magic Circle hire today (17 September) has seen Allen & Overy (A&O) hiring financial services regulation counsel Knox McIlwain as a partner from Cleary Gottlieb Steen & Hamilton as Freshfields Bruckhaus Deringer bolstered its own regulatory offering, hiring Linklaters’ Paris FinReg partner Marc Perrone.

The hire of McIlwain reunites him with Bob Penn, A&O’s former financial regulatory services head, who re-joined the firm in June 2018 having defected for a two-year stint at Cleary. It also makes good on A&O’s plan to accelerate investment in its US-law capability following protracted and ultimately fruitless merger talks with Los Angeles firm O’Melveny & Myers. Senior partner, Wim Dejonghe, said that the hire demonstrates the firm’s commitment to growing its top-tier global regulatory practice and building on its US capabilities. Continue reading “A&O adds NY capability in London as Freshfields lures Linklaters Paris partner”

The Bar – Happy when it rains

Sonya Tolaney QC

Like the rest of Britain, barristers at the commercial Bar are impatiently waiting for some clarity over Brexit: it is a paramount concern because they want London to retain its position as the premier location for international business disputes. But more than three years on from the referendum result, the much-debated uncertainty has not yet had a significant impact on the volume or value of their work.

‘The commercial Bar is thriving at the moment and I expect it to continue to thrive,’ says Sonia Tolaney QC, chair of The Commercial Bar Association. ‘Dealing with the still-unknown consequences of Brexit presents a challenge. But although there has been a period of real uncertainty, the truth is that the health of the commercial Bar is very strong.’ Continue reading “The Bar – Happy when it rains”

Under pressure – Retail GCs fight to adapt to a brutal High Street

High street - 'Closing down'

The crisis engulfing high-street retailers is showing few signs of abating. May saw the public collapse of almost the entirety of Jamie Oliver’s restaurant eateries, and in June, retail tycoon Philip Green’s Arcadia empire narrowly avoided bankruptcy with a rescue deal severing some 50 clothing stores.

According to data from Deloitte, 125 retailers went into administration last year compared to 118 in 2017, including 26 large companies. Continue reading “Under pressure – Retail GCs fight to adapt to a brutal High Street”

Life during law: Ian Bagshaw

Ian Bagshaw

I’m less Marmite than I was. Never been deferential. Having a Mancunian directness, I was brought up by people who called a spade a spade. Helps me with clients massively. Sometimes it’s not what other lawyers want. I could be more political and in the past, I’ve tried. You can only be yourself.

I was the first person in my family to go to university. I didn’t grow up dreaming of being a solicitor. I still think football coaching was my true calling. Continue reading “Life during law: Ian Bagshaw”

Start-ups in India – Reaping what you sow

Start-up culture

2018 was a good year for Indian entrepreneurs. The world’s third-largest start-up ecosystem saw its base expand by 12-15% and investor funding grow by 108% year-on-year, as well as a rise in late-stage funding, according to a 2018 report by industry association NASSCOM and consultants Zinnov. This boom was last year enough to hand unicorn status – valuations on young tech companies of more than $1bn – to more than eight Indian companies.

But just a few years ago, things were not quite so rosy. Despite the success of e-commerce wunderkind Flipkart (sold last year to Walmart for $16bn) and its ilk, investment plummeted from $1.42bn to $583m between Q1 and Q2 2016 (according to CB Insights, October 2016) and businesses started to go under. Continue reading “Start-ups in India – Reaping what you sow”

The in-house debate: Run the risk

Manu Chopra

Is the job of the legal function to be the ringmaster and cheerleader, managing risk and compliance effectively within an organisation? Should it have to win over the hearts and minds of the board just as much as those on the front line? These were the main discussion points of a recent panel debate between nearly 20 in-house lawyers and private practice risk management specialists gathered at Mayer Brown’s London offices this summer.

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David Harrison, Mayer Brown: A common challenge across practice areas is how to move away from historical perceptions of compliance and risk – that this is for the lawyers and could get in the way of the business, with the result that it’s underfunded. It often takes a crisis, typically an investigation or a major breach, for significant resources to be deployed. Continue reading “The in-house debate: Run the risk”

Project India – Meet the GCs charged with building on a vast scale

infra planning process

As the world’s second most populous country, India accounts for 17.5% of the world’s population. And it is rapidly catching up with the number one, China. On an annual basis, India’s population growth rate of 1.2% is more than double that of its Asian neighbour.

But while population growth is largely seen as a means of economic development, it comes with costs. The burden on cities and infrastructure of a rapidly-growing population must be addressed if the country is to reach its full potential. The need is such that the infrastructure question was a cornerstone of this year’s election. The Bharatiya Janata Party, led by returning Prime Minister Narendra Modi, pledged $1.44trn towards infrastructure – a stark contrast to its main opponent, the Congress Party, which instead focused on alleviating poverty and job creation. Continue reading “Project India – Meet the GCs charged with building on a vast scale”

Deal View: Five years on – How Akin Gump’s Bingham acquisition turned bust to boom in the City

James Roome

‘Our team was nearly twice the size of Akin Gump’s London team. There was potential for vulnerability on both sides. They didn’t want their entire lives disrupted by a very large cuckoo in the nest.’ Five years on, restructuring partner James Roome reflects on the potential pitfalls of Akin Gump Strauss Hauer & Feld’s 28-partner acquisition of the City arm of his former shop, Boston’s ill-fated Bingham McCutchen.

In contrast to more ostentatious US counterparts, the Texas-bred Akin Gump has since flown under the radar to turn Bingham’s bust into its boom, thanks largely to the trophy restructuring team fronted by Roome. City growth has culminated in a blistering 2018 run as revenue spiked 28% to $123.5m, catapulting it into Legal Business’ Global London top ten firms by revenue. Continue reading “Deal View: Five years on – How Akin Gump’s Bingham acquisition turned bust to boom in the City”

Big pharma, small partners: the key transactional trends in life sciences

panel

Given that mega mergers coming out of the pharmaceutical and life sciences sector have dominated the corporate agenda for decades, it was fitting that an afternoon session of our inaugural Corporate and M&A Summit focused on transactional trends in this area. Chaired by Laura Anderson, co-chair of Bristows life sciences group, it gathered a collection of in-house experts from big pharma.

Responding to a question posed by Anderson as to whether the spate of significant deals in the sector will continue, Dr Sahar Shepperd, senior legal counsel at Johnson & Johnson, pointed to his company’s recent $30bn acquisition of Actelion as a sign the pipeline for M&A deals in the sector is healthy, along with the recent acquisition of Shire by Takeda. ‘That deal was about accessing Shire’s rare disease portfolio. If you bring in an entire portfolio of assets into the pipeline, you have obviously done the maths and are mindful of the fact that that will generate revenue for the next ten years or so.’ Continue reading “Big pharma, small partners: the key transactional trends in life sciences”

Auctions – how to play the game

panel

The final session before lunch in our Corporate and M&A Summit looked at the mechanics of auctions and how best to handle the competitive bid process from both the buyer’s and seller’s perspective. The session, moderated by co-chair of Greenberg Traurig’s global corporate practice, Fiona Adams, brought together panellists experienced in the auction process. Joining Adams was colleague Paul Maher, veteran corporate lawyer and vice chair of Greenberg, along with Jessie Gill, head of legal at Stemcor; Chris Hunt, group head of M&A for Rentokil Initial; and Nick Johnston, partner at Perella Weinberg.

Adams kicked off the core of the session by asking the panellists how sellers can successfully handle an auction process, to which Gill stressed the importance of an even-handed approach. Auctions are long processes and there is a need to foster a spirit of compromise: ‘Use up your currency when it matters and do not be a nightmare counterparty.’ Continue reading “Auctions – how to play the game”

The Takeover Panel – that crucial first week

It was fitting that one of the first morning sessions of our inaugural Corporate and M&A Summit dealt with arguably the trickiest period of any public M&A deal – the first week, and specifically critical initial dealings with the Takeover Panel.

Introducing the topic, moderator Simon Wood from Addleshaw Goddard – who spent two years on secondment with the Takeover Panel – said: ‘A bit like with Charles and Diana’s wedding, it sometimes feels in an M&A transaction that there are three parties, and that third party is the Panel.’ However, he stressed it is not a regulator to fear but a well-respected organisation that encourages consultation and is relatively easy to deal with. Continue reading “The Takeover Panel – that crucial first week”

Tougher competition – the growing impact of antitrust marquee deals

Claudio Calcagno

A key morning session of our 2019 Corporate and M&A Summit saw Linklaters London competition head Nicole Kar chair a lively debate on competition law and policy and its effect on M&A. The panel of three featured economist Dr Claudio Calcagno, a vice president at Analysis Group and an expert in the competition arena, and John Gray, partner at Finsbury and head of its competition practice, who focuses on public affairs aspects of merger control cases, both in the UK and the EU.

Kar introduced the topic: ‘If you ask many general counsel what keeps them awake at night on a big deal, they will say: “Whether we are going to get clearance and at what price.”’ Set against this, she observed that competition policy is undergoing an existential crisis. A number of pressure points are causing this, namely a narrative among competition agencies and policymakers that there has been under-enforcement, particularly in the digital sector, and that competition policy should take account of wider social objectives alongside a defining philosophy that big is bad; and the general sense that major corporates wield too much power. Continue reading “Tougher competition – the growing impact of antitrust marquee deals”