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Battle Royale

Two oligarchs; $6.5bn; and enough lawyers to form an entirely new firm. This is Berezovsky v Abramovich, the largest litigation in the world

In Hermès on Sloane Street on Friday 5 October 2007 Roman Abramovich, the billionaire owner of Chelsea Football Club, is enjoying a quiet afternoon shopping. Two doors down in Dolce & Gabbana, his former business partner is also indulging in a little retail therapy. In better days the two would visit each other’s superyachts and holiday together. But by 2007 the relationship had soured, and Berezovsky was itching to issue a writ suing his former friend for $6.5bn.

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Risk Management and Professional Indemnity Survey 2012 – Treading Carefully

In our fifth annual risk management and professional indemnity survey in association with Marsh, the world’s leading insurance broker and risk adviser, we analyse the latest trends in risk management, reveal the results of our far reaching survey and talk to the leading names in risk management at the City’s largest firms.

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Capital connections

London firms have traditionally focused their US strategy on New York but a presence in Washington DC has become increasingly popular. Can the growing band of UK firms thrive in the US capital?

At times it can be fashionable to bash Washington DC. For most US senators or congressmen, berating the lobbyist-fuelled, back-scratching political climate in the US capital can do wonders for their re-election prospects. In his State of the Union speech in January, President Obama summed up the popular sentiment. ‘I bet most Americans are thinking the same thing right about now: nothing will get done in Washington this year, next year or maybe even the year after that because Washington is broken,’ he declared.

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SNR Denton – Strained Relations

It is no secret that legacy firm Denton Wilde Sapte (DWS) has had a rough ride. During the 2010/11 financial year, the firm’s UK LLP (including the Middle East and Europe) posted an 8% decrease in revenue to £154.4m, while profits per equity partner (PEP) fell to an unimpressive £233,000. This represented a 34% drop (the second in a five-year period) on the previous year and saw the bottom of the equity take home just £156,000.

The EMEA side to the business sits at number 89 in LB’s profitability table, having performed better than just six firms in the entire top 100. But with profit per lawyer (PPL) at an all time low of £29,000 and a margin of just 13%, this firm has almost been run into the ground.

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Global London – London Broncos

While generally international law firms in London have remained static, there have been a handful of US firms that have continued to shine. LB tracks the most aggressive performers in London in the past 12 months.

There must be a lot of empty desks over at Hunton & Williams’ office in London’s Gherkin. Over the course of a few short weeks in April and May last year the US firm lost virtually its entire transactional team, after a partner exodus saw the 35-strong office dwindle to just 13 lawyers (although insiders say that the number is closer to eight) by the close of 2011.

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The Balkans – Holding up

bridge

The signs had been positive for the Balkan states until very recently. Not only have countries in the region shown great commitment in pushing through reforms to bring domestic legislation in line with the rest of Europe, but many have also shown exemplary discipline in complying with International Monetary Fund (IMF) austerity measures. All this contributed to the IMF’s forecast last year that growth in the Balkans by 2013 would be three times that of western Europe.

However, the knock-on effect from the rest of the continent has been severe. With the eurozone crisis showing no signs of abating, forecasts for growth in the region have suffered amid fears that, as western Europe further tightens its belt and its major banks shrink outside of their home markets to help beef up capital levels, already low levels of liquidity within the region will drop even further. Continue reading “The Balkans – Holding up”

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Switzerland – Splendid isolation

St Bernard dog

As an exporting country, Switzerland is not immune to the general crisis and slow down of growth in the rest of Europe. Add to this a tough financing environment, and it is no surprise that the country’s transactional lawyers are reporting a dwindling deal flow.

A key issue for international M&A deals in Switzerland is the strong Swiss franc. In 2011, because prices kept increasing for dollar or euro-based buyers, some inbound acquisitions of Swiss businesses by foreign acquirers failed after following due diligence. However, it’s not just a robust currency that is affecting Switzerland’s M&A transactions. ‘Because the Swiss economy has resisted the global meltdown fairly well in comparative terms,’ says André Gruber, one of the Geneva-based founding partners at Swiss legal practice DGE, ‘Swiss assets are also comparatively expensive.’ Continue reading “Switzerland – Splendid isolation”

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Switzerland – Fighting fit

Landesgrenze sign

Switzerland’s dispute resolution market is in rude health. LB talks to the key players about recent headline cases and what the implementation of new arbitration rules in 2012 will mean

The volume of Swiss M&A and capital markets may have flattened out in Switzerland but the global downturn has produced a raft of investor claims against banks and investor management disputes. ‘In tough economic times, people are much more prepared to take their case to court and less willing to settle,’ says Patrick Sommer, partner at CMS von Erlach Henrici (CMS). Consequently, Switzerland has become a major battlefield for asset recovery and enforcement of foreign judgments. Continue reading “Switzerland – Fighting fit”

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Switzerland – Climb every mountain

Statue of Themis in Bern, Switzerland

UK law firm Speechly Bircham opened a Zürich office in June 2011, marking the firm’s first venture overseas. Private client partner Mark Summers was relocated to Switzerland to head the new operation alongside two associates, with fellow partner William Hancock joining him at the start of 2012.

Speechly’s Zürich offering is further bolstered by international private client head Charles Gothard, who spends one week each month in the city, and financial services partners Jonathan Bayliss and Kate Troup, who are both in Zürich for two or three days each month. Continue reading “Switzerland – Climb every mountain”

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Corporate review – Welcome back to the new normal

The overall success of M&A in 2012 hinges on the eurozone but there is much to be positive about, you just have to be prepared for a scrap

Confidence is a funny thing. During the first eight working days of this year, there was a sense that 2012 was going to be different. Deals had to be done, investors had to get their hands out of their pockets. Renewed optimism or even hope seemed to be a welcome antidote to the relentless doom and gloom that dominated the media for much of 2011. But then on Friday the 13th of January, talks collapsed over the restructuring of the Greek government’s debt and the ratings agency Standard & Poor’s downgraded the debt of nine eurozone countries, including France. The new-year optimism vanished overnight.

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Gold Standard

Mishcon de Reya was a standout performer in the 2011 LB100, jumping 11 places on the back of a 37% leap in turnover. LB charts the firm’s recent success and asks senior management where it is heading.

Kevin Gold, Mishcon de Reya’s managing partner, leads the way to a meeting room clutching a walking stick, the result of a motorcycle accident in June 2008. He broke his leg and encountered a number of complications while recovering, including contracting MRSA in hospital. For almost two years, as he underwent 19 operations restoring him to mobility and health, Gold was not always around. But such was the strength of the firm he had shaped over the preceding ten years that Mishcons went from strength to strength during that time becoming, as Gold puts it, ‘pretty unique’.

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Taking over

Corporate trends were the talk of the hour at the third annual LB round table discussion in conjunction with McCann FitzGerald. But what does 2012 have in store for the corporate lawyer?

Creativity levels among global corporate lawyers appear to be at an all time high. With the eurozone crisis looming over the global M&A market, the new Takeover Code and the huge swathes of restructuring and refinancing work still to come through to the marketplace, never before have corporate lawyers had to think so differently.

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Offshore Part 1 – Search for El Dorado

Offshore firms are increasingly building Brazil, as well as other Latin American destinations, into their emerging markets portfolio. LB assesses the varying strategies in tackling the New World.

The opportunities in Brazil for offshore legal advisers are increasingly on the rise. In December 2010, Conyers Dill & Pearman’s São Paulo office managing partner Alan Dickson provided Bermuda law advice to Brazilian investment bank BTG Pactual on its sale of a $1.6bn stake to a consortium of international investors, marking the biggest eversovereign wealth fund commitment in Brazil. Again led by Dickson, in July 2011 Conyers, alongside Milbank, Tweed, Hadley & McCloy in New York and Arias, Fabrega & Fabrega in Panama, advised Queiroz Galvão Óleo e Gás (QGOG) – a Brazilian conglomerate involved in developing large-scale projects in various sectors – on a $700m bond issue to refinance the drilling rigs Atlantic Star and Alaskan Star.

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Offshore Part 2 – The Bounty Hunt

Madoff-related claims in the BVI and the Saad litigation in the Cayman Islands are keeping the Caribbean’s litigators busier than ever. LB analyses the key cases and speaks to the main players to find out what is likely to happen next

Following Bernie Madoff’s arrest on 11 December 2008, Fairfield Sentry, the fund said to have had the largest exposure to Madoff’s multibillion-dollar fraud, was placed into liquidation in the British Virgin Islands (BVI) in July 2009. Consequently Fairfield’s liquidators, KRyS Global, issued over 175 claims in the BVI against investors that had redeemed their investments out of Fairfield. Forbes Hare acted for KRyS Global, led by founding partner William Hare.

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Offshore Part 3 – Jewels in the crown

One case has put litigation funding on the map in Jersey, while the Crown Dependencies are each bringing in vital new legislation, meaning fresh streams of work for their legal markets. LB reviews the latest developments

Third-party litigation funders have operated in the UK for some time, but not in the Channel Islands, as the legality and enforceability of funding agreements in Jersey remained untested. This is set to change following a court judgment that could allow islanders access to external funding if they cannot afford to pursue a legal claim.

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Austria part 1 – staying out of trouble

Austria has proven to be an economic safe haven in the past few years, but the troublesome CEE countries are still playing on lawyers’ minds.

A favourite topic of conversation around the dinner table for wealthy Viennese is the astronomical price of apartments in the centre of town. They bemoan how rich Russians are coming in and snapping up the grand, high-ceilinged apartments on the imposing avenue that circles the centre of town, the Ringstraße. The Russians, they say, like the climate and the genteel lifestyle that Vienna offers, and will pay almost anything to get these apartments.

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Austria part 2 – competitive spirit

Austria’s competition authority is one of the smallest enforcers in Europe, but recently it hasn’t shied away from taking on tough cases against major companies

What do beer, sugar, lifts, freight forwarders and plumbers all have in common? They were all industries subject to big cartel cases in Austria in the past few years. The once-sleepy Bundeswettbewerbsbehorde, or Austrian Federal Cartel Authority (FCA), has displayed new bite: it’s taken on several big new investigations against major companies and is keen to issue some hefty fines. It has caused consternation in the market with its tough new approach, knocking on the doors of major corporates in dawn raids, and has even started issuing press releases while cases are ongoing. All of this has meant an interesting, and very busy, few years for Austria’s select band of specialist cartel lawyers.

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Renaissance Man

Mark Dembovsky joined Howard Kennedy as chief executive in January 2011, charged with turning around the fortunes of a West End firm widely considered to be on shaky ground. A year on, LB assesses his progress.

Sitting in on one of the newly established management meetings in Howard Kennedy’s West End offices, it is initially hard to work out exactly who is in charge. Head of corporate Michael Harris, property finance chief Jason Lewis, and dispute resolution head Craig Emden all chip in to answer questions about the firm and its new strategy, while one member of the group sits watching quietly. Suddenly one of the partners falters, unsure of how to answer a question about what the firm’s new ‘Aiming for Excellence’ scheme entails, and the quiet man springs into action.

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Spain: Up In The Air

With Spain wrestling a mammoth budget deficit, the former government initially decided to sell off certain prize assets. But after ditching the eagerly awaited partial privatisation of the country’s national lottery, LB asks if Spain’s top law firms are in the mood for celebrating.

On 12 October, Spain commemorated its Fiesta Nacional – the annual national public holiday marking Christopher Columbus’s 1492 arrival in the Americas. But with Spain’s economy still struggling there seems to be little to celebrate. The country is currently grappling with a budget deficit equal to 9.2% of GDP, which led to its former government deciding to sell off certain prize assets with a view to reducing the colossal debt.

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Suspicious minds

Third-party litigation funding has yet to really take off, despite being around for five years. While a mature market is still some way away, litigation specialists are finally seeing that self-funding is not the only way forward.

Big-ticket disputes in the public sphere and funded by a third party are rare. The biggest case in the UK to date came in 2008 and featured an £89m negligence claim brought by Stone & Rolls against audit firm Moore Stephens. The dispute was driven by Norton Rose’s Sam Eastwood for client Stone & Rolls and was funded by IM Litigation Funding. The case was thrown out by the House of Lords as part of its grand finale in 2009, gifting a massive victory to Barlow Lyde & Gilbert client Moore Stephens.

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