United Kingdom > London > Corporate and commercial > Commercial contracts
Index of tables
Commercial contracts
-
1
-
2
-
3
Leading individuals
-
- Oliver Bray Reynolds Porter Chamberlain LLP
- Kit Burden DLA Piper UK LLP
- Michael Chissick Field Fisher Waterhouse LLP
- John Crozier Linklaters LLP
- Jonathan Davey Addleshaw Goddard LLP
- Ian Ferguson Pillsbury Winthrop Shaw Pittman LLP
- David Isaac Pinsent Masons
- Mark Leach Bird & Bird
- Richard Lister Freshfields Bruckhaus Deringer LLP
- Andrew Moyle Latham & Watkins LLP
- Nick Pantlin Herbert Smith LLP
- Tom Purton Travers Smith LLP
- Duncan Reid-Thomas Baker & McKenzie LLP
- Richard Shaw Berwin Leighton Paisner LLP
- Rob Sumroy Slaughter and May
New to this year’s edition, this section covers work previously covered under Outsourcing and procurement section, for both public and private sector clients, and also takes into account other commercial work such as complex joint ventures and distribution agreements. The focus is on practices with discrete, dedicated commercial capabilities, although firms with strong transactional capabilities are also recognised. Credit is given to practices with a longstanding track record in commercial mandates, core client relationships, and experience in large-scale and complex work.
Baker & McKenzie LLP’s dedicated commercial practice has a wealth of experience in contractual and advisory work across a broad spectrum of industry sectors. Duncan Reid-Thomas and Ilana Saltzman (who is ‘very quick to respond with great ideas and legal ability’) lead a ten-partner team that delivers ‘excellent service and industry knowledge’ to a client base ranging from IT giants such as Google to household names in the retail and fashion industry including Abercrombie & Fitch, and has particularly strong capability in customer-led BPO. 2010 highlights included winning Porsche UK as a new client, and advising Recall Limited on the negotiation of a large storage services contract with a major UK bank. Outsourcing specialist Richard Hawtin is also recommended.
Bird & Bird has a team of 16 partners with expertise in BPO and ITO projects, and is valued for its ‘consistently high-quality, proportionate commercial judgement’. In 2010 it advised Ofsted on the re-tender of its ICT services outsourcing project with Logica and its ‘RAISEOnline’ project with RM, and BT plc on the £640m extension of the MoD’s Defence Fixed Telecommunications Service. Joint head of international outsourcing Mark Leach is ‘someone you always want on your side in a commercial contract negotiation’; and Christian Bartsch’s ‘client relationship skills add real material benefit, ensuring a consistency of approach across matters and jurisdictions’. Peter Elliot heads the public procurement team, and healthcare expert David Ayers is also recommended.
Field Fisher Waterhouse LLP’s ‘invaluable industry knowledge’, and its 25-partner, cross-departmental outsourcing team, make it highly sought after among financial services institutions, FTSE 100 companies, and investors into the UK. Servicing both public and private sector clients, it advises on commercial agreements in the medical, IT hardware and media sectors, and is experienced in joint venture matters across the gas, financial services and retail industries. It assisted the Albanian Ministry of Finance in relation to mission-critical technology outsourcing, while highlights on the BPO side included winning the mandate to advise National Savings & Investments on its £1bn second-generation IT and BPO project. Technology and outsourcing specialist Michael Chissick oversees the commercial group, with Paul Barton providing public sector outsourcing and procurement expertise. Also recommended are: financial services expert Kirstene Baillie; Simon Briskman, ‘an excellent lawyer with good business sense and managerial skills; and Neil Wallis, for his ‘strong understanding of banks ’ needs’.
Clients are quick to highlight the quality and focus of the commercial practice at Reynolds Porter Chamberlain LLP, which fields a 12-partner team that ‘makes it a point of pride to have a strong commercial focus, providing advice that is commercially aware, realistic, concise and genuinely useful’. In line with the wider firm’s commitment to outsourcing and TMT-related commercial matters, 2010 saw the team grow significantly through the lateral hire of David Meredith and Andrew Sutherland from SJ Berwin LLP; anti-trust and competition partner Stephen Smith from Mayer Brown International LLP; and IP partner Clive Thorne from Arnold & Porter (UK) LLP. It handles commercial projects for leading brands such as Tesco and Associated Newspapers, advising the latter in 2010 on the restructuring of its entire distribution network. The ‘confident, reliable and commercial’ Sanjay Pritam is recommended, as is Oliver Bray.
Travers Smith LLP has a dedicated commercial practice, acting across all contract types for clients in a broad range of sectors. It draws praise for its ‘varied experience’ and ‘in-depth understanding of industry dynamics and appreciation of how best to tailor advice to the commercial realities of a business relationship’. Highlights for 2010 included advising Metro Bank on key outsourcing and supply arrangements necessary for the establishment of its business, and advising Firstsource Solutions on a five-year outsourcing services agreement with Barclays. Tom Purton heads the commercial team, and ‘proactively delivers very sensible solutions to difficult and complex questions, with an acute sensitivity to client needs’. Richard Brown is also recommended, for his ‘attention to detail and top-to-tail involvement’.
Addleshaw Goddard LLP has a strong commercial focus on the retail, financial services and public sectors, and has amassed an enviable client roster that includes Diageo, RBS and Manchester City Council. Jonathan Davey and his commercial team enjoy a strong reputation in large-scale outsourcing and procurement projects, and have particular strength in payment services contracting. 2010 highlights for the team included its reappointment to the commercial panels of Sainsbury’s, Post Office Financial Services and The Co-Operative Group; and advising Diageo on the outsourcing of facilities management services for all its sites across ten jurisdictions. Former Taylor Wessing LLP partner Andrew Smith joined the practice in May 2011, bringing with him expertise in the consumer, travel and leisure sectors.
Allen & Overy LLP has the international footprint and depth of resources to handle major multi-jurisdictional transactions, and as such is a ‘go-to’ firm for strategic commercial deals. Jane Finlayson-Brown co-heads the outsourcing group, which has seen a marked increase in mandates in the financial services sector; highlights included advising Citibank on its procurement bid for the Department for Work and Pensions’ Simple Money Transmission Services project. On the commercial IP/IT front, Jim Ford and associate Naomi Leach advise the likes of Twentieth Century Fox on matters ranging from standard form retailer terms and conditions to sale agreements with online retailers.
Berwin Leighton Paisner LLP’s commercial practice benefits from a longstanding client base that includes Tesco, National Grid and Travelex, supplemented recently with new strategic instructions from Barclays Bank and Thames Water. The financial services, hotels, betting and gaming, and retail sectors are core areas of focus, and 2010 saw renegotiations dominate the transactional landscape, including acting for Barclays on its review of over 110 existing business-critical contracts across over 70 suppliers globally. It also advised on the drafting and negotiation of an outsourcing agreement for Guardian News & Media’s ‘Guardian Creative’ business. The ten-partner commercial team is led by Richard Shaw, while Mark Lewis heads up the outsourcing group.
CMS Cameron McKenna LLP ‘consistently meets KPIs, and delivers a good and proactive client management service’. Its approach has ensured that, in a year characterised by companies slimming down their commercial panels, the practice has seen new appointments with the likes of Royal Mail Group and Lloyds Banking Group. Its commercial expertise spans the financial services, transport and infrastructure, and TMT sectors, and in 2010 it advised Barclays Pension Fund Trustees on a major pensions administration outsourcing which involved South African offshoring matters, indicative of the practice’s cross-border capability. Outsourcing and data protection expert John Armstrong heads the practice, with the ‘diligent and thorough’ Ian Stevens and Chris Watson also recommended.
DLA Piper UK LLP’s commercial practice draws heavily on the firm’s market-leading outsourcing capability, which has the breadth and depth to span national and international projects for a balanced public and private sector client base. Kit Burden and his team of 20 partners and 55 associates provide ‘high-quality services’ to a client base that includes Verizon and UBS, with Burden singled out for his ‘approachable, likeable and controlled manner’. 2010 saw the team act for TUI on the global outsourcing of its desktop IT services, while outsourcing expert Mark Crichard advised King’s College Hospital on a new PPP project relating to pathology services, which involved an outsourcing contract valued at over £300m. As UK head of the firm’s IP and technology practice, Richard Bonnar is a prominent presence in public sector outsourcing; and Mark O’Conor is also recommended.
Freshfields Bruckhaus Deringer LLP has a market-leading transactional practice, which has led to significant mandates arising from its role in Geely’s $1.8bn acquisition of Volvo, and also has a dedicated commercial outsourcing capability, through Richard Lister and his 34-strong team. It is particularly strong in the financial services sector, with highlight transactions including advising Nomura on long-term transitional arrangements with Lehman Europe’s administrators following its acquisition of Lehman’s European and Asian businesses.
Herbert Smith LLP’s multidisciplinary team acts across the firm’s core focal areas of infrastructure, TMT, retail and financial services, and delivers ‘consistently strong and deep legal acumen and a high standard of commercial expertise’. Its deep and longstanding relationships with FTSE 100 and 250 clients means it is regularly called on to advise on major outsourcing and procurement projects, as well as on large-scale commercial agreements. Outsourcing and commercial contracts specialist Nick Pantlin combines ‘high energy, commitment and strong transaction management with keen negotiating and technical legal skills’, and advised Man Investments on a £220m outsourcing of valuation services and shareholder services provided to around 4,000 funds worldwide. TMT practice head Nick Elverston is also recommended.
Hogan Lovells International LLP combines day-to-day contractual work for the likes of Waitrose and Nintendo with large-scale outsourcing and procurement projects. It is ‘commercially oriented and focused on solving problems’, and clients particularly rate the ‘significant direct participation by partners where appropriate’; ‘technically strong commercial lawyer’ Paul Joukador and Mark Taylor are singled out. Highlights for 2010 included advising Citi Infrastructure Investors in relation to long-term management services agreements arising from its acquisition of a majority stake in DP World’s Australian shipping terminal operator business.
Linklaters LLP ‘holds its own among the Magic Circle’, thanks to its ‘good understanding of the issues facing the client’. Its ‘personable, professional’ cross-departmental team won mandates from British American Tobacco, Balfour Beatty and Lend Lease in 2010. TMT partner Richard Cumbley advised longstanding client BP on the $400m re-tendering of its global hosting outsourcing requirements, while on the procurement side Oliver Black advised Citylink Telecommunications on the application of procurement law to subcontracts.
David Isaac heads the outsourcing practice at Pinsent Masons LLP, which is ‘very responsive and provides an excellent overall level of service’. It has a very strong reputation in the infrastructure sector, with a strong public sector following, and combines that with a commercial client base that includes Alliance Boots and Balfour Beatty. In 2010 the team advised the Ministry of Defence on its global IT logistics outsourcing programme, and Dixons Retail on a joint venture with Phones4U. Among the 17 partners who focus on commercial outsourcing, Charles Park ‘provides an excellent service’; and Garfield Smith is ‘particularly strong on the strategic side, and invests considerable time and effort in building up effective long-term relationships’.
‘An outstanding organisation with excellent capability and detailed industry and market knowledge’, Slaughter and May’s commercial practice underpins the firm’s transactional offering and has a dedicated following among the FTSE 350. Its multidisciplinary capability spans complex outsourcing, joint venture, and contractual matters, with 2010 seeing it advise INEOS, the fourth-largest global chemicals producer, on a strategic joint venture with PetroChina, and Burberry on distribution, franchise and agency agreements worldwide. Rob Sumroy has ‘excellent knowledge of outsourcing, management contracts and dispute resolution’; and Jeff Triggs ‘gives great advice in very difficult situations’.
Ashurst LLP’s BPO and ITO mandates come from a broad array of sectors, although financial services and infrastructure-related work dominated in 2010. Highlights included acting for Visa Europe on the design, construction and ongoing management of IT solutions by one of its suppliers, and advising Babcock International in relation to a long-term, strategic umbrella agreement with the Ministry of Defence. Mark Lubbock is the key outsourcing figure.
Burges Salmon LLP’s commercial team is ‘very client focused’ and ‘always considers the long-term impact a solution may have on a client’s business’. It has a strong public sector following, but also receives mandates from corporate clients such as Coca-Cola and Thomson Reuters. 2010 saw it advise the Metropolitan Police Service on the exercise of the extension under contract of its IT outsourcing arrangements with CapGemini; and MITIE Group on a contract to deliver services to 11 Rolls-Royce group companies, following the manufacturer’s decision to consolidate its facilities management at multiple sites. The team is headed by ‘great communicator’ Philip Davey, and includes the ‘pragmatic and commercial’ Andrew Dunlop.
Eversheds LLP has ‘a deep understanding of the BPO sector’. Its reputation has attracted a broad corporate client base including Centrica, and in 2010 it saw further growth in the financial services sector. Highlights included advising Cleveland Police Authority on its ten-year, £175m strategic partnership agreement with Steria UK Limited, and acting for Sainsbury’s Bank on the outsourcing of its pet-insurance service. Simon Gamlin and IT outsourcing specialist Rex Parry are recommended.
Fladgate LLP advises on a broad spread of commercial matters, from public procurement and competition issues for the likes of ALControl to cross-border aviation contracts for Ruag Schweiz; its multi-jurisdictional capability has been in particular demand, with Andrew Kaufman recently advising a German bank on its review of customer conditions relating to an electronic banking system, including cross-border considerations. The practice is noted for ‘the way in which a single partner is careful to take care of the quality of the work and ensures that the relative specialists perform their work to a consistently high standard’. Eddie Powell heads the practice, and is ‘a very good client management partner’.
Latham & Watkins LLP’s global technology transactions practice combines ‘strong market knowledge with high standards of legal advice’, and ‘sets the benchmark for client care and general attentiveness at partner level’. Its strong financial services capability makes it a prominent fixture on major outsourcing matters, as illustrated by its advice in 2010 to Lloyds Banking Group on its first major strategic integration of the banking platforms of the former Lloyds TSB and HBOS banking groups. Andrew Moyle heads up the outsourcing practice, and is ably supported by Martin Cotterill, Gail Crawford and Luke Grubb.
Lawrence Graham LLP has a broad UK client base and a focus on the developing IT and outsourcing industry in India, which was reinforced by the lateral hire of Peter Brudenall from Hunton & Williams. Collectively the team acts for six of India’s top ten technology companies, as well as household names such as Body Shop and Carpetright. Recent highlights include advising C&C Groupon on a multimillion-pound outsourcing project to integrate the operations of the newly acquired Tennent’s and Gaymers businesses. Richard Marke is singled out for his ‘responsiveness and availability’.
Macfarlanes LLP has a strong mid-market offering, with a dedicated commercial practice advising a broad stable of international and domestic companies as well as a number of entrepreneurs and start-ups. Headed up by Jeremy Courtenay-Stamp, the four-partner team recently advised EJ Gallo on the transfer of its logistics and warehousing arrangements from the previous incumbent to Kuehne + Nagel. It also advises Universal Music Group on contingency arrangements relating to the manufacture and distribution of physical media across the EU.
Morrison & Foerster (UK) LLP’s track record in technology outsourcing makes it a regular fixture on transactions that require detailed understanding of technical matters, as reflected in its client base of leading technology companies such as NTT Data, and financial institutions such as Moody’s. Led by Alistair Maughan, the team continues to advise HMRC on a range of IT and sourcing matters, including the project to renegotiate its end-to-end IT outsourcing. David Skinner left the firm at the end of 2010, to establish outsourcing boutique Radiant Law.
Norton Rose LLP advises its prominent blue-chip client base on outsourcing and procurement matters, as well as acting for outsourced service providers, giving it a valued understanding of customer and supply-side requirements. Highlight deals for Mike Rebeiro’s team included advising Kiln Group on an agreement with French company Prima Solutions for the development of an in-house underwriting system and, in a reflection of its transport and infrastructure capabilities, advising Eversholt Rail on a series of IT and outsourcing contracts.
‘Invariably good and frequently excellent’, Olswang’s outsourcing team ‘always has an eye on the commercial requirements’, and is a leading choice for contractual matters for many FTSE 100 clients. Highlights included advising Orange on the outsourcing of its fixed and broadband telecoms network to BT, and T-Systems on the renegotiation of a large IT infrastructure outsourcing deal with Centrica plc. Dominic Dryden is recommended, as are the ‘terrific and extremely commercial’ Iain Stansfield, and new arrival Matthew Bennett, who ‘always sees the business objective’.
SJ Berwin LLP prides itself on its standalone commercial capability, and is appreciated for its ‘impressive level of knowledge, efficient and effective working relationships’, and ‘response times that are carefully calibrated to clients ’ needs’. Dedicated commercial contract matters make up a large proportion of the work for ‘forensically rigorous’ practice head Jeremy Schrire and his team, with 2010 seeing it act for Marks and Spencer plc on the planned restructuring of its logistics supply chain; the ‘terrific’ James Gill led on the deal. Andrew Shindler is also recommended.
The service provided by SNR Denton’s broad commercial team is ‘consistently excellent, customer focused, responsive and practical’. Its client list includes the likes of Argos, Honda, and the Ministry of Defence, and 2010 saw it secure new instructions in the financial services sector. Highlights included advising Baring Asset Management on several outsourcing contracts, as well as on its standard derivative trading documentation. Dan Burge’s knowledge of financial services issues is ‘second to none’, and Catherine Bingham has over 20 years of commercial contracts experience. TMT sector head Scott Singer is recommended for ‘leading complex negotiations and cutting through the detail’.
Simmons & Simmons handles a broad range of commercial work, encompassing multi-jurisdictional supply chain work and outsourcing projects in the firm’s core areas of financial services, TMT, life sciences, and energy and infrastructure. It also has a strong consumer product focus, and provided advice to HMV on ticketing arrangements with Ticketmaster relating to HMV’s merger with MAMA Group. It also advised Virgin Media on the outsourcing of its UK-wide warehousing and logistics function to Kuehne + Nagel. Mark Dewar heads the practice, and the ‘superb’ Sophie Lessar draws praise for her consumer and retail finance expertise.
Wragge & Co LLP’s ‘helpful and practical’ commercial team ‘always goes the extra mile for clients, and has a very friendly manner’. It has expertise across the private and public sectors, encompassing experience in financial services, food and drink, retail and utilities-related transactions. In 2010 it advised longstanding client Bird’s Eye on national logistics and warehousing projects, and, in a reflection of its increased activity in the Middle East, advised the government of Bahrain alongside the Health Authority Abu Dhabi on the operation and maintenance outsourcing of a 500-bed hospital. Peter Hall heads the practice alongside Birmingham-based David Hamlett, and clients also recommend the ‘exceptional’ David Lowe.
London-based Simon Stokes leads a team at Blake Lapthorn that focuses on outsourcing contracts in the banking, recruitment and non-profit sectors. Personnel-related BPOs were a strong focus for the team in 2010, drawing on Bridget Wood’s notable expertise in the recruitment sector.
Bond Pearce LLP’s team is valued for its ‘excellent attention to detail and professionalism’. Spread across the firm’s regional network, Nick Barwood’s group acts on logistics, distribution and supply chain outsourcing, as well as critical support services and BPO matters. Highlights for 2010 included being reappointed to Royal Mail Group’s commercial panel, and receiving new instructions from BHP Billiton and Virgin Money. ‘All-round expert’ Julian Hamblin and the ‘straight-talking’ Gareth Jones are recommended, as is the ‘very sharp’ Andrew Kimble.
At Jones Day, Jonathon Little and Julian Runnicles both focus on commercial work, and can draw on resources in the firm’s corporate, HR, pensions, tax and regulatory practices as necessary. Despite its relatively small size, the practice has a solid presence in the commercial sphere, with notable cross-border capability; highlights for 2010 included advising ETS Europe on international representation agreements for the delivery of its TOEFL test, and advising Goodrich Corporation in connection with its joint venture with Rolls-Royce.
K&L Gates’ ‘professional, lean team’ in London benefits from the firm’s wider global footprint, and is an active presence on major outsourcing mandates for a combination of customer and supplier clients. Highlights for 2010 included advising Williams Lea Limited on the global framework agreement for the provision of services to a leading Asia-based investment bank. Corporate partner Howard Kleiman and IT specialist Dominic Bray are the key figures.
Kemp Little LLP combines ‘cutting-edge IT and outsourcing expertise with reasonable prices’, and acts for a broad customer and supply-side client base that includes a number of FTSE 100 clients, notably Prudential plc. Headed up by outsourcing specialist Paul O’Hare, the team acted for Smiths Group on a number of strategic outsourcing projects, including the outsourcing of the hosting of its business-critical SAP application to AT&T; and advised Target Group on its agreement with Morgan Stanley to provide outsourced services for one of its retail structured investment portfolios.
At Mishcon de Reya, Kiran Sandford continues to grow the firm’s profile in the commercial sphere. It advises entrepreneurs and companies on bespoke arrangements as well as standard terms and conditions and day-to-day documentation.
Osborne Clarke is ‘very cost-effective and capable’, with ‘good breadth of expertise’ across its London and regional network. In 2010 it advised Eurostar International Limited on the outsourcing of its catering operation to Rail Gourmet UK, and, in a reflection of its cross-border capability, advised Indian outsourcing company Patni on a series of transactions with European public sector service providers to supply onshore and offshore services ranging from IT operations to research and development. Adrian Bott heads the practice.
Pillsbury Winthrop Shaw Pittman LLP’s global sourcing practice offers an integrated service to an impressive array of clients, with London-based Ian Ferguson and Tim Wright acting for the likes of Tesco Bank. In 2010 it advised GlaxoSmithKline in relation to a worldwide facilities management outsourcing initiative, a 12-month transaction culminating in the renegotiation of master services agreements with its chosen service providers.
Stephenson Harwood’s commercial outsourcing practice ‘emphasises industry experience and pragmatic advice’, a strategy that has allowed it to strengthen its key client relationships with the likes of Capita and KPMG. Highlights included advising SAIC on the renegotiation of its IT outsourcing arrangements with BP, and advising MMA Insurance on litigation support outsourcing between it and Parabis. John Buyers leads the team, and is ‘one of the best in the business’.
Taylor Wessing LLP ‘balances business understanding with pure legal advice’, and is ‘a quality outfit delivering excellent value’. It advises customers and suppliers in the financial services, infrastructure and public sectors on major IT and business outsourcing contracts. Graham Hann’s outsourcing team in London works closely with the firm’s European network in advising the likes of Lufthansa and Accenture on outsourcing projects. Glyn Morgan ‘gets straight to the point and is very clear in explaining the options available and the priority of his recommendation’.
Clients are quick to highlight Trowers & Hamlins LLP’s ‘responsive and flexible’ approach, and particularly value its ‘contribution of knowledge and experience from other relevant scenarios to assist in formulating approaches and strategies’. The commercial practice draws on the firm’s strong public sector capability, advising on outsourcing and procurement matters for local councils and government bodies. Helen Randall heads up the public sector commercial team. Paul McDermott is recommended for his ‘ability to translate difficult and specialist terms into layman’s language’.