Disputes revival has huge implications for City law

A few years ago – during what in retrospect turned out to be a boom – you knew where you stood with City law. The market kept growing and, while the man in the street associated lawyers with courts and disputes, those in the industry knew success came from the other side of the equation. In short, you made the real money from deal-doing and associated disciplines, not the contentious side of practice.

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End games

The 11th annual Legal Business Global London survey shows that US firms in the City are playing to win. UK rivals should watch every move.

Lock up your associates. Chain down your partners. The Americans still want to take your lawyers (and lunch). This year’s Global London survey emphatically confirms that leading US law firms are firmly back in growth mode in the City. Fifteen firms have seen headcount rise by more than 10% compared to 2011, while overall headcount across the 50 firms is up 2.6% on last year to 4,382.

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Funding the fights

With litigation funders having established their own industry regulator and starting to move into arbitration cases, there are more reasons to believe that third-party funding is here in a big way

Leslie Perrin, chairman of litigation funder Calunius Capital, remembers the atmosphere in New York during the autumn of 2008 when he was attempting to raise money for Calunius’s inaugural litigation fund. Tumbleweed was rolling down Wall Street and Citigroup’s share price was plunging by the second. It was an inauspicious time for raising capital.

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Ireland – Court Appeal

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Asked whether the Irish legal market is awash with contentious work, one leading litigator sighs deeply and quips: ‘Well, the country is certainly full of contention.’ Every dip in any economic cycle brings a raft of litigious work, but the spectacular collapse of Ireland’s banking and property sectors following the global credit crisis has brought unprecedented large-scale litigation, restructuring and administration (termed examinership in Ireland).

‘We are busier than we’ve ever been,’ confirms Liam Kennedy, head of dispute resolution at A&L Goodbody. ‘The first half of last year was all crisis litigation, but since then we’ve had a lot of big-ticket work, such as high-level restructuring, insolvency, regulatory and international asset tracing litigation.’ Continue reading “Ireland – Court Appeal”

Switzerland – Fighting fit

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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”

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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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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Eine kleine Nachtmusik

With litigation from the banking crisis now starting to filter through in Austria, most commentators believe that disputes work will be a firm feature of the legal market for the next few years. LB explores some of the biggest trends to emerge from the banking crisis

There have been a few late nights at many of Austria’s top law firms in the past year. At the end of 2009, the government was dealing with the emergency nationalisation of the country’s sixth largest lender, Hypo Group Alpe Adria (HGAA), and Austria’s top lawyers had been called in to help clear up the mess.

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Litigators of Russia – unite!

The Russian commercial justice system has suffered from image problems in the past, but recent court reforms and a boom in litigation look set to challenge this. LB investigates the impact on the domestic litigation market

In 2005, when Anton Ivanov was appointed chairman of Russia’s Supreme Court of Arbitration, the country’s highest commercial court, the domestic judicial system was blighted by accusations of political interference and corruption. It is fair to say that, for those seeking greater judicial independence within Russia and a broom to sweep away the court system’s perceived problems, Ivanov’s appointment wasn’t immediately seen as a great herald for change. For anyone hoping for an outsider, his arrival was an immense disappointment. Continue reading “Litigators of Russia – unite!”

Stepping up

With the departure of high-profile practice head Jonathan Kelly, the Simmons financial services litigation team has lost a leader in investment banking disputes work. New chief Robert Turner will have a fight on his hands if the firm is to remain a Magic Circle rival

To say that Robert Turner has big boots to fill is to underestimate the size of the task ahead of him. Turner took over as head of financial services litigation at Simmons & Simmons on 1 April, with a background of acting in disputes on behalf of hedge fund managers. But for all his strengths, he enjoys nothing like the profile and reputation of his predecessor Jonathan Kelly – nor indeed his predecessor’s predecessor, now firmwide managing partner Mark Dawkins.

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