Fraud: commercial and regulatory investigations
The ‘ outstanding’ team at Allen & Overy LLP is widely known as a leader in the field. Robert Hunter’s ‘ bloodhound instinct’ ensures ‘ he gets to the bottom of things’, working alongside the ‘ tenacious’ Mona Vaswani. They advised HSBC on the multimillion-pound fraud claim relating to deposits made into accounts controlled by Liberal Democrat donor Michael Brown. Sidney Myers heads the regulatory investigations group, advising financial clients on FSA enforcement and other matters.
The addition of Carlos Conceicao, a former head of regulatory enforcement at the FSA, adds weight to client statements that Clifford Chance is ‘ the best regulatory investigations firm in the City’. Roger Best‘ works like a demon’, while the ‘ first-class’ Simon Davis is praised by clients who also note the firm’s ability to ‘ co-ordinate efforts across borders’. The group recently acted for a major bank in a global review of its payment activities.
Freshfields Bruckhaus Deringer LLP has a ‘ strong’ fraud group, whose recent highlights include securing the recovery of significant assets for the Brunei Investment Agency. Ian Taylor is part of a team advising a number of financial groups affected by the Parmalat collapse, and the London group has also been combining with colleagues in Milan to advise various institutions on an investigation regarding allegedly fraudulent tax filings.
At Herbert Smith LLP, David Mayhew and Martyn Hopper are recognised FSA experts and act for a number of financial institutions, while the ‘ dynamic’ Simon Bushell has ‘ particular experience’ in Russian issues, and is working on Tajik Aluminium Plant’s fraud claim against its former director. The firm is also advising BSkyB on its breach of contract and deceit claim against EDS. It is noted as ‘ extremely effective on pre-emptive remedies’.
Alan Walls’ team at Linklaters LLP is increasingly active in bribery and corruption matters. It conducted an internal investigation for an international manufacturing group regarding accounting issues in its subsidiaries, and is also advising PwC regarding issues related to the collapse of the MG Rover group. Diana Good is ‘ proactive’ and ‘knowledgeable’, and the team is noted for its thoroughness.
Fraud disputes with an international flavour are Lovells LLP’s specialism. The ‘ meticulous’ Jeremy Cole is a ‘ first-rate’ insolvency practitioner who acted for the receiver of a BVI company following the collapse of a joint energy venture in the former Soviet Union. Crispin Rapinet heads the group, which is increasingly active in the Middle East region.
Specialist fraud firm Peters & Peters has ‘ achieved huge things’ in this area, regularly acting in high-value matters such as representing the NHS in its £100m price fixing claims against pharmaceutical companies. The ‘ tenacious’ yet ‘ realistic’ team includes Keith Oliver and Jonathan Tickner, who both‘ maintain perspective’in order to‘ secure the desired outcome’. Steve McCann and Tony Lewis also both impress clients.
At Ashurst LLP, Jane Hanna is praised for her ‘ thoroughness’ and ‘ candour’, and conducted an investigation into a longstanding fraud discovered at a subsidiary of Alfred McAlpine. Group head Edward Sparrow has ‘ presence’.
A ‘ focused’ fraud unit, Andrew Keltie’s team at Baker & McKenzie LLP is acting for an overseas central bank and the relevant national prosecution authority in a multi-jurisdictional asset tracing matter. Arun Srivastava is recommended for ‘ high-level’ regulatory work.
The lawyers at Mishcon De Reya‘ understand what wins cases’, emphasising ‘ return on investment’ in asset tracing matters. A practitioner ‘ at the top of his field’, Gary Miller is representing an international pharmaceutical group following a complex employee fraud involving millions of pounds in improper payments. Dan Morrison is a ‘ powerhouse’.
Norton Rose LLP has advised a number of its AIM-listed clients in relation to fraud allegations, with recent work including an internal investigation into the circumstances leading to the suspension of trading in the shares of Itacare Capital Investments. The firm continues to act in the claims facing Ranbaxy. James Bagge is highly recommended.
Nick Benwell’s team at Simmons & Simmons is representing an international investment bank under investigation for fraud in the UK and Hong Kong. This ‘ commercial’ group ‘ responds intelligently to complex problems’. Robert Turner is ‘ impressive’ in financial regulatory disputes.
Elizabeth Barrett’s ‘ resourceful’ team at Slaughter and May continues to represent BA in the face of raids by the OFT, European Commission and US Department of Justice. The ‘ terrific’ Sarah Lee advises MAN in its claims for damages following the purchase of ERF.
Stephenson Harwood is representing Venezuela state petrol company Pedevesa as international corporations fight efforts to nationalise the country’s assets. Alongside John Fordham, Paolo Ghirardani is ‘ a favourite’. Tony Woodcock is ‘ sensible and down to earth’.
Byrne and Partners’ Bernard O’Sullivan and Nicola Boulton are noted for their ‘ hands-on approach’. The team secured awards in excess of US$1bn for Yukos Oil in four arbitration proceedings, and is now acting in the first FSA criminal prosecution for insider dealing. Michael Potts‘ inspires confidence’.
CMS Cameron McKenna LLP is defending an entity against two separate fraud actions by Russian shipping companies, for alleged misappropriation of transaction commissions. Simon Morris is ‘ well regarded’ in the financial regulatory arena.
Jones Day continues to act for Langbar in proceedings against former directors, and is defending Goldshield against price-fixing allegations. Sion Richards is ‘ effective’.
The ‘ high-calibre’ Andrew Witts at LG is acting for the Government of Brazil in the ongoing matter of alleged fraud by former Sao Paulo mayor Paulo Maluf. Hailed as ‘ one to watch’, the firm added three partners from Dorsey & Whitney.
SJ Berwin LLP’s Tim Beale is representing the head of a publishing group in a £10m fraud claim. The ‘ very capable’ Justin Michaelson joined from Weil, Gotshal & Manges.
At Taylor Wessing LLP, David de Ferrars is one of a number of asset tracing specialists praised for ‘ high standards’ and a ‘ practical approach’.
Travers Smith LLP represented Natwest in its high-profile case against Rabobank, as well as advising RBS on a range of Enron-related issues. Jonathan Leslie is ‘ experienced’ and ‘ analytical’.
Elizabeth Robertson’s arrival from Peters & Peters has strengthened Addleshaw Goddard’s fraud group. Pietro Marino is acting for Cube Capital in a misappropriation of funds claim.
The arrival of the ‘ experienced’ Nathan Willmott from Freshfields Bruckhaus Deringer LLP adds regulatory capability to Berwin Leighton Paisner LLP’s fraud group. Segun Osuntokun also joined the firm, from DLA Piper UK LLP.
‘ Quality’ small firm Bivonas is acting for investors in a fraud claim against HSBC. John Bechelet is ‘ extremely competent’. The firm is set to be joined by Mark Rainsford QC from 23 Essex Street.
Among a number of cases with Russian links, Clyde & Co LLP is representing Ansol in the TadAZ dispute. Paul Friedman‘ means business’.
The ‘ dedicated’ Neil Gerrard and Jonathan Pickworth at DLA Piper UK LLP provide ‘ pragmatic’ and‘ no-nonsense’ advice on international fraud matters.
Noel Campbell’s team at Holman Fenwick Willan is representing a broker accused of arranging secret commissions in the Fiona Trust and Intrigue Shipping matter.
Ince & Co is currently engaged on three large shipping fraud cases, with clients including Russia’s Novoship and Sovcomflot.
Morgan Lewis has the ‘ excellent’ Robert Goldspink, and represented Rabobank in its dispute with NatWest.
Osborne Clarke’s ‘ distinguished’ Adrian Lifely is acting for CDH Investments in battle for the Tajikistan aluminium industry.
Andrew Ford at Withers LLP acted for the defendants in the Langbar claim.
BCL Burton Copeland is representing a trader in an FSA investigation into AIM share dealings. Robert Lawrie has joined the firm from Farrar's Building.
James Irvine has moved his team from Howrey LLP to Bristows, and continues to represent DaimlerChrysler following the collapse of Castor Holdings.
John Rupp heads Covington & Burling LLP's European fraud practice, and has wide-ranging experience advising international companies subject to multi-jurisdictional regulation.
Gerallt Owen has joined Crowell & Moring from Eversheds LLP.
Davenport Lyons is advising companies involved in the alleged fraud at Music Sales Group. Trevor Sears provides ‘a personal service’.
Nick Burkill at Dorsey & Whitney is handling a £3.5m corruption matter for a top 20 UK plc.
Edwin Coe LLP represents the Langbar Shareholder Association, and is frequently seen in Africa-related fraud cases.
Paul Worth at Eversheds LLP has handled million-pound mortgage fraud cases for HSBC and Alliance & Leicester.
Representing a former Mayflower director, Farrer & Co secured a half-million pound award from the accountancy regulator.
Irwin Mitchell is acting for two investors in a £30m fraudulent misrepresentation claim, involving proceedings in the UK and abroad. Alan Owens and team head Jonathan Wheeler left for Morrison & Foerster MNP.
Kingsley Napley regularly represents individuals in FSA investigations.
The ‘ focused’ and ‘ creative’ Steven Philippsohn at PCB Litigation LLP has experience in high-value international asset disputes.
Shearman & Sterling LLP is representing Volvo, under investigation by the US Securities and Exchange Commission regarding its participation in the UN Oil for Food programme.
Steptoe & Johnson is acting for the world’s largest oil service company in a multi-jurisdictional corruption investigation.
Press releases
Legal Developments in the UK
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Saving Face - Personalised URLs on Facebook - Make sure your marks are protected
Facebook users can now register a personal URL for their profile page on the Facebook website. This raises concerns for brand owners as Facebook users may decide to choose a well known trade mark as their URL. The prospect of facebook.com/[yourmark] could become a reality. Consequently, Facebook has taken measures to reassure rights holders and prevent name squatting. -
Lease re-gearings and extensions: some issues to consider
As a result of the recession, lease re-gearings and extensions are becoming increasingly popular for landlords and tenants. -
A cautionary tale of self-investment and personal liability
As investment strategies become more complex it is crucial that trustees comply with the relevant legal requirements. Recently there has been a series of Pensions Ombudsman cases that have imposed personal liability on trustees for inappropriate scheme investments. This article looks at two of these cases and the lessons that should be learnt from them. -
Pensions Regulator: alert in the economic downturn
So far the Pensions Regulator has issued two statements (October 2008 and February 2009) on how it expects pension scheme employers and trustees to deal with the impact of the current economic crisis. In April the Regulator issued a further statement highlighting the kinds of behaviour that would cause it to intervene. -
A new disclosure regime: for better or worse?
The Department for Work and Pensions (DWP) has finally issued a consultation paper outlining how it plans to revise the disclosure of information requirements for occupational pension schemes. The consultation proposes a simplified, more principles-based disclosure regime. -
Litigating financial markets disputes: do we have a deal?
Until very recently no other sphere of commercial activity could match the financial markets for the size, volume and speed of their dealings. Trades involving enormous sums are often negotiated and agreed within the space of a few short telephone conversations, or during the course of a single evening, by sophisticated professional traders experienced and versed in the customs of the particular market. Often the broad commercial terms of a transaction are negotiated and it is left to the parties’ legal advisers to supply the detailed terms on which the deal is to be done. -
European Parliament votes to adopt updated Roaming Regulation
BY A LARGE MAJORITY OF 646 TO 22 THE European Parliament has voted to adopt a compromise position on the European Commission’s (the Commission) proposals to amend the Roaming Regulation (Regulation 717/2007). -
Online behavioural advertising
THE INTERNET ADVERTISING BUREAU (IAB), a UK online trade association, has recently published ‘Good Practice Principles for Online Behavioural Advertising (OBA)’, which come into effect on 4 September 2009. Several key internet advertisers have signed up to the Principles, including Google, Yahoo, AOL, Microsoft Advertising and Phorm. -
When an ‘aura of luxury’ prevents sales to unlicensed distributors
On 23 April 2009 the European Court of Justice (ECJ), in Copad SA v Christian Dior & ors [2009], held that a trade mark owner can prevent third-party sales of its luxury goods where those goods had been obtained in breach of a condition in a selective distribution licence, designed to maintain the repute and prestige of the trade mark. -
Competition law and retail financial services
In the current financial climate, with regulatory intervention at the centre of public attention, the competition authorities have continued to focus on financial services. Significant developments have occurred in the UK and EU, in relation to credit and debit cards, the unsecured credit market, payment protection insurance and financial services generally.
Press releases
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Agrofert Successful in Law Suit against PKN Orlen
PRAGUE (30 June 2009) – The Arbitration court in Prague has decided in favour of company Agrofert Holding (“Agrofert”) in its claim against Polish company Polski Koncern Naftowy Orlen (“PKN Orlen”). The Polish company has to pay, on the basis of decision of the arbiters, a contractual penalty which exceeds EUR 77.2 million (over 2 billion CZK) with accessories. -
UBS CHF 3.8bn share placement
On June 25, 2009, UBS AG (SIX: UBSN) announced that it is offering 293,258,050 newly issued shares from authorized capital to a small number of institutional investors at a price of CHF 13.00 per share. After deducting cast associated with the placement, the amount of new equity capital expected to be raised is approximately CHF 3.8 billion. -
DWS reprises advisory role for MENA Infrastructure fund's investment in Oman's power sector
Denton Wilde Sapte continues to act as legal advisor for MENA Infrastructure Fund, picking up an instruction to advise on its second investment, in which it has taken 32.8% of the shareholding in Oman's United Power Company SAOG (UPC). -
Three partner admissions at Carey Olsen in Jersey
Carey Olsen is strengthening its corporate, finance and fiduciary teams in Jersey by admitting three partners to these key practice areas. -
Penningtons celebrates SRA and Farriers Registration Council tender wins
Penningtons Solicitors LLP's professional regulation group is celebrating two key appointments with the news that it has been successful in tenders to advise both the Solicitors Regulation Authority (SRA) and The Farriers Registration Council. -
Penningtons advises on Trans-Siberian Express luxury travel deal
Penningtons Solicitors LLP has advised international tour operator Australian Pacific Touring (UK) Limited on its purchase of a majority share in GW Travel Limited, the market-leader in long-distance luxury rail tours. GW Travel's flagship holidays are trips on the world-famous Trans-Siberian Express. -
Penningtons trainee encourages young Londoners to choose a career in law
Catherine McCann, a trainee solicitor at Penningtons Solicitors LLP's City office, has been invited to contribute to a new guide published by the London Chamber of Commerce & Industry to help young people consider the many types of jobs available in the capital. -
BAKER & MCKENZIE ADVISES FIBERWEB ON JOINT VENTURE WITH PETROPAR
London/Chicago/Sao Paolo, 26 June 2009 - Baker & McKenzie has advised Fiberweb plc on its proposed joint venture with Petropar S.A. The 50/50 joint venture, which will be named FitesaFiberweb, is intended to create the second largest producer of spunbond and non woven fabrics in North and South America. Completion of the transaction is subject to the approval of both Fiberweb and Petropar shareholders. -
Salans awarded Best European Law Firm
Salans has been awarded a Special Distinction in the Best European Law Firm award category at the 2009 International Legal Alliance Summit & Awards (“ILASA”). -
unit specialising in transaction and financing consultancy
HERMANN Rechtsanwälte Wirtschaftsprüfer Steuerberater and the Munich-based team at Grub Brugger join forces: Joint establishment of a unit specialising in transaction and financing consultancy