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Offshore: Asia bound

Offshore law firms continue to launch offices in Asia, with Singapore and Shanghai the latest hot destinations. LB assesses the drivers behind recent openings and the challenges that lie ahead

The drive of offshore firms into Asia continues apace. Bedell Cristin opened a Singapore office in July, following Mourant Ozannes’ launch in Hong Kong at the start of the year; Appleby opened a representative Shanghai office in April; and in September, showing its own long-term commitment to South-East Asia, Maples and Calder also announced the opening of a Singapore office.

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Offshore: Blazing a trail

Groundbreaking decisions continue to emerge from the Channel Islands courts. LB talks to key litigators involved in recent headline cases and assesses their wider impact

Two important judgments have emerged from Jersey and Guernsey this year. In April, in the case In the matter of the Shinorvic Trust (Shinorvic), the Royal Court of Jersey had to consider whether a longstanding principle of English law applies to trusts in Jersey; while in March, Guernsey’s Privy Council awarded the largest ever compensation payout in the UK in the Helmot case, a whopping £14m. This decision profoundly impacts on how damages for future losses in personal injury cases are calculated.

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In-house survey: power shift

Extracting greater value from dwindling resources is top of the agenda as general counsel look to flex their muscles. Welcome to our first-ever in-house survey

‘It’s just like a marriage: a relationship between a law firm and a company is one that needs to be nurtured to make sure both are on the same page.’ This comment from a law firm partner rings particularly true as we publish the results of the first-ever Legal Business and The In-House Lawyer in-house survey. In this special report, we find out whether clients believe law firms and themselves are truly on the same page.

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In-house survey: Horses for courses

Demand for external law firms is increasing but choosing the right law firm is more difficult than ever. Time to examine the factors determining law firm selection

Despite the pressure on in-house teams to reduce their legal spend and keep as much work in-house as possible, demand for external legal services has still managed to grow. The in-house specialists who took part in this survey spend an average of 49% of their legal budgets on external legal advice, while 44% said demand for external legal services had increased in the last year, while 40% said demand was unchanged. This is despite the fact an overwhelming 67% of respondents say their companies now have a policy of retaining more matters in-house to reduce legal spend. While the contradiction is confusing, the upshot is clear: in-house teams need their law firms now more than ever.

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In-house survey: Redressing the balance

Despite constant talk that hourly billing is dead, our survey shows otherwise. In-house lawyers’ responses on fees contain a few surprises

One of the standout findings of our survey is that hourly billing is still alive and kicking. The hourly rate is often used as a billing method by 59% of respondents, with just 4% never using it.

However, it isn’t the most popular method of billing among clients: in these austere times, it is unsurprising that fixed rates per project dominate. Over two-thirds (70%) of respondents said they often use1§§ this method of paying their legal fees, with just 5% saying they never use it. Other methods such as capped fees, annual fixed fees, and discounted rates are used, but the fixed project fee and the hourly rate still lead the way.

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In-house survey – Money for nothing

In finding value for money, in-house lawyers rate quality of service very highly. Here we assess their attitudes to overlawyering, offshoring and global networks.

The devil is in the delivery. While the cost of external legal advice is a priority for general counsel (GC), how that service is delivered to clients is no less critical. Fundamental issues such as using the appropriate level of resources; offshoring parts of the job to cheaper jurisdictions; offering proactive advice; and managing projects effectively across borders all have a knock-on effect on the value of law firm advice. With this in mind, we asked our survey participants to give us their thoughts on how strong law firms are at service delivery.

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Energy boost

Other practice areas may be having a tough ride but energy lawyers are flying. LB maps the trends driving the sector

There are many sectors of the economy that governments can afford to scrimp on when times get hard, but luckily for power, oil and gas companies, energy is not one of them.

Power is as vital to economic function as oxygen is to breathing; fuelling transport, communication, defence programmes and health services. In addition, the political and economic instability attached to the supply of oil and gas ensures that energy security continues to dominate national agendas.

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No drop in demand for external legal advice

Results from our first-ever in-house survey show that companies’ legal budgets have largely stayed the same or even increased while demand for external services has risen, debunking the myth that widespread cuts to legal budgets have forced general counsel (GC) to instruct law firms less.

Canvassing the views of more than 100 in-house lawyers worldwide, the survey showed that 50% of respondents’ legal services budgets remained unchanged in the last year, while 44% said that demand for external legal services had increased over the same period. This was despite the fact that 67% said their companies had a policy of retaining more matters in-house.

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DLA Piper ramps up French offering with boutique addition

DLA Piper’s recent takeover of French corporate boutique Frieh Bouhenic is the most significant development in a spate of activity involving UK-based international firms in Paris at the end of the summer.

The international giant officially joined forces with the corporate firm on 1 October. Eleven-partner Frieh Bouhenic is ranked in the second tier for private equity in The Legal 500 EMEA, with a particular reputation for leveraged buyout work. Recent highlights include advising the consortium comprising Clayton, Dubilier & Rice, AXA Private Equity and Caisse de dépôt et placement du Québec on the acquisition of SPIE.

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Liberalisation of Singapore market gathers pace

The Singapore Ministry of Law (MinLaw) stopped receiving applications from foreign law firms seeking a Qualifying Foreign Law Practice (QFLP) licence at the end of August. Twenty-three firms have applied for a QFLP, with UK-based Ashurst, Berwin Leighton Paisner, DLA Piper, Olswang and Stephenson Harwood all confirming that they have applied for licences alongside US firms Jones Day, K&L Gates, Watson, Farley & Williams, Gibson, Dunn & Crutcher and Shearman & Sterling.

Singapore used to only allow foreign firms to work alongside domestic practices in limited joint ventures. However, in 2008 MinLaw granted six QFLPs to Allen & Overy, Clifford Chance, Herbert Smith, Latham & Watkins, Norton Rose and White & Case, allowing those firms to practise Singaporean law with some restrictions. The latest moves reflect the increasing interest of international firms in practising local law.

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Ashurst revamps partner capital system

News that Ashurst is adopting a capital contribution system for partners this year finally brings the City International firm in line with the rest of its major rivals in the City.

As part of the reorganisation, each Ashurst equity partner will be asked to pay in a one-off capital contribution based on the number of equity points they hold. Currently, the firm does not ask partners to pay in capital, but retains a percentage of partner profits each year that is then distributed to partners when they leave or retire. The move is a bid to align capital contributions from lateral hires and homegrown talent, and bring the firm in line with its Australian merger partner Blake Dawson.

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Surge of law firm openings in revitalised Middle East

The resurgence of commercial activity in the Middle East is prompting international law firms to strengthen their presence in the region, with Cleary Gottlieb Steen & Hamilton and CMS announcing their first regional offices within a week of each other.

Cleary announced at the beginning of September that it would be opening its first Middle East office after obtaining a licence from the Abu Dhabi Executive Council in the summer. CMS group opened its office in Dubai on 23 September, adding to its offerings in Iraq and Lebanon.

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Growth in LB100 regional peer groups half that of London

The capital has extended its position as the most buoyant legal market in the UK, with midsize London law firms continuing to outpace their regional rivals, notching up an average 10% increase in organic revenue this year compared to just a 5.5% revenue rise for non-London firms.

The South, North and Scottish regions are among the worst performing markets for LB100 firms this year, with firms in those regions increasing revenue on average by just 1%, 5% and 5% respectively.

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Positive early signs at combined firm King & Wood Mallesons

King & Wood Mallesons (KWM) has enjoyed a successful first six months as a single firm, according to Handel Lee, head of the firm’s East China offices, who added that Africa could be the next destination for the firm en route to London and New York.

The firm, which went live in March, topped mergermarket’s Asia-Pacific (excluding Japan) M&A league tables for volume for the first half of 2012, placing it ahead of Baker & McKenzie, Freehills and Clifford Chance in the table. The firm did 35 deals worth a total of $9.2bn.

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Katten Muchin Rosenman continues hiring spree

US firm Katten Muchin Rosenman remains on the charge in London following the hire of tax partner Sanjay Mehta from Stephenson Harwood in August. The latest hire comes at the end of a highly acquisitive year that has seen the Chicago-based firm make five lateral hires in six months.

This follows a triple hire to Katten’s real estate team in July, which included Stephen John as special counsel and Ranjeev Kumar as partner from the London office of Fried, Frank, Harris, Shriver & Jacobson, alongside Joe Payne from Field Fisher Waterhouse.

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CMS group moves closer to one-firm model

The CMS group, which passed a major milestone this summer when it provided its financial results as a single entity for the first time, has told LB that it is looking to drop local firm names to strengthen its international brand.

‘We have been looking at the risks of being regarded as a single firm under this type of structure and we have decided we want to move forward towards being a single firm,’ said Duncan Weston, managing partner of UK member firm CMS Cameron McKenna. ‘We’ve already adopted a single visual identity as part of the conversion: the name CMS with law and tax underneath – a logo we decided upon two years ago.’

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Trowers unveils new strategy as Adlington bows out

Trowers & Hamlins senior partner elect Jennie Gubbins has told LB that she is looking to raise the firm’s corporate profile in the City and repair its ailing international offering after a bruising few years.

The firm’s current senior partner, Jonathan Adlington, has announced that he will be retiring next year. Gubbins, currently head of corporate at the firm, will replace him in March 2013.

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