The Legal 500

DLA Piper

1251 AVENUE OF THE AMERICAS, 27TH FLOOR, NEW YORK, NY 10020-1104, USA
Tel:
Work +1 212 335 4500
Fax:
Fax +1 212 335 4501
Web:
www.dlapiper.com

United States : Finance

Within Capital markets: debt offerings , tier 4

Providing a ‘great level of service’, DLA Piper LLP maintains its expertise in advising issuers on capital markets transactions. It is also growing its debt market experience, particularly in the high-yield arena. The group advises on a range of issuances, and the team is rated for its knowledge and response times. ‘Very knowledgeable on unsecured bonds and credit facilities’, Jamie Knox is highly recommended, and in April 2011, Knox advised Wells Real Estate Investment Trust II on a $250m private offering of senior notes by its subsidiary Wells Operating Partnership. Demonstrating growing capabilities on the manager side, Jack Kantrowitz led in advising Bank of America Merrill Lynch, Citigroup Global Markets and JPMorgan Securities as underwriters of France Telecom’s $1bn registered offering of 2.750% notes due 2016 and a further $1bn registered offering of 4.125% notes due 2021. Chair of the practice Christopher Paci is also singled out for his longstanding experience.

Within Capital markets: equity offerings , tier 4

DLA Piper LLP’s equity capital markets practice was notably active in 2011, and the team advises issuer and underwriter clients on IPOs and other equity offerings. The team has a depth of knowledge in the technology arena. In a key highlight, Peter Astiz and Gregory Gallo in Silicone Valley and Jason Harmon in the Baltimore office represented Morgan Stanley and Goldman Sachs as the lead underwriters in the $700m IPO of Groupon. Group head Christopher Paci led in advising Teavana Holdings on its $139.6m IPO. Together with Edward Batts, Astiz represented Velti in its IPO and a follow-on public stock offering of aggregate amount $300m. Other issuer clients include Zeltiq Aesthetics and Isola Group.

Within Corporate restructuring, tier 6

Following on from a string of new hires in 2010, DLA Piper LLP has continued to recruit – making it clear that restructuring is a priority for the firm. Among the nine partner arrivals are new bankruptcy co-chairs Gregg Galardi, formerly a senior partner at Skadden, Arps, Slate, Meagher & Flom LLP, and Richard Chesley, who joins from the Chicago arm of Paul Hastings LLP where he was office managing partner. The firm also bolstered its Miami and Wilmington teams, bringing the total number of restructuring partners to 25 across seven offices – with New York and Chicago housing the majority of those numbers. Recent work representing Hingham Campus and Linden Ponds in its approved Chapter 11 plan of reorganization is evidence that the firm already has experience in debtor-led work, but the new appointments should develop that side of the practice further. On the creditor side, it is acting for senior lender Starwood Capital Group on the bankruptcy of Viceroy Anguilla Resort and Residences, involving claims of $358m in secured debt and $12m in unsecured debt. Selinda Melnick is an ‘excellent bankruptcy attorney, with extensive experience representing airports impacted by airline bankruptcies’, and Stuart Brown ‘enhances the client’s business through his business acumen’.

Within Structured finance , tier 5

Receiving ‘extremely high marks’ for its service, DLA Piper LLP’s key qualities are its response times and business acumen. Focusing on esoteric transactions and innovative solutions, the firm recently advised clients on a pioneering program using structured notes to acquire tobacco escrow release rights. In June 2011, Michael Macaluso joined from Morgan Lewis; Macaluso splits his time between New York and Minneapolis and handles domestic and cross-border asset-backed and mortgage-backed securities, conduits, synthetic securities, repos and credit derivatives. Boston-based Ronald Borod leads the team, and has over 20 years’ experience in securitization. For derivatives expertise, clients single out Chicago’s Marc Horwitz, who has a ‘very strong background and excellent understanding of current business issues impacting the derivatives market’. New practice clients include Deutsche Bank, Natixis and UFT Commercial Finance.

United States : Industry focus

Within Energy: renewable/alternative, tier 4

Hogan Lovells US LLP’s renewables team is primarily based in the firm’s Baltimore and Miami offices. It continues to advise Edison Mission Energy on its renewable energy projects, including 12 wind energy developments in Minnesota and Utah; the structuring of loan arrangements with several partners for the development of utility-scale renewable energy projects; as well as the acquisition of several wind energy projects. The team is also advising Iberdrola Renewables on the $900m sale of its membership interest in Manzana Wind and the construction and sale of a 246MW Californian wind energy electric generating facility to Pacific Gas & Electric. On the solar side, the group is advising NextEra Energy Resources on the $2bn project financing of a thin-film photovoltaic electricity generating facility in California. Baltimore-based Edward Sledge is the key contact, and Houston-based José Luis Vittor recently joined from McDermott Will & Emery LLP. Former practice head Kevin Lipson joined DLA Piper LLP.

Within Healthcare: service providers, tier 5

DLA Piper LLP strengthened its litigation practice with the addition of Frank Sheeder and Carolyn McNiven to its Dallas and San Francisco offices respectively. In California, a cross-practice team is handling complex ongoing litigation for Prime Healthcare involving the defense of lawsuits seeking recovery of charges; the defense of claims for unfair competition and business practices; and an antitrust lawsuit against a labour union and another provider. Sheeder chairs the enforcement and compliance practice.

United States : Intellectual property

Within Patent licensing and transactional, tier 4

DLA Piper LLP has a strong presence in the life sciences industry, and routinely advises leading players on standalone complex licensing matters as well as on IP aspects of corporate-led mandates such as acquisitions. The licensing and technology team sits within an extensive intellectual property practice that can call on 450 lawyers globally across 24 countries, allowing the firm to assist its clients with representation worldwide. The US intellectual property group is chaired by John Allcock in San Diego, and notably also includes Chicago-based Vincent Sanchez, head of the technology sourcing and communications team. Recent instructions include advising leading IT and media industry companies on master service and software licensing agreements. Clients include Abbott Laboratories and Verizon Wireless.

Within Patent litigation: full coverage, tier 5

DLA Piper LLP's greatest strength lies in the high-tech industries, where its core clients include Toshiba, Samsung and Siemens. It has also been active in the life sciences field, including representing Affymax in long-running litigation against Johnson & Johnson and Ortho-McNeil. IP group chair John Allcock has extensive trial and appellate experience, and recently won a $16m damages award for Abbott Laboratories against generic drug manufacturer Glenmark Pharmaceuticals, following a dispute regarding its blood pressure treatment, Tarka. Allcock and Sean Cunningham are co-lead counsels to Motorola and General Instrument in asserting patent infringement claims against TiVo regarding digital video recorder technology. Cunningham ‘brings logic, practical advice, and in depth-analysis. He cares about getting the best result for clients and clearly knows how to make a good argument in front of any audience'. Richard de Bodo co-chairs the patent litigation practice and is lead trial counsel to APP Pharmaceuticals in Hatch-Waxman litigation against numerous generic competitors regarding its anaesthetic drug Naropin, and also recently represented Sharp in district court cases. Patent litigator John Guaragna provides ‘outstanding service and results'.

Within Patent litigation: International Trade Commission, tier 4

DLA Piper LLP's California team acts for a broad range of leading names across technology sectors such as semiconductors, internet technology and consumer electronics. Patent litigation practice co-chair Mark Fowler is part of a Silicon Valley-based team that is leading in two ITC investigations for digital technology company Zoran Corporation as a respondent to allegations made by Freescale regarding semiconductor chip patents. Los Angeles-based Richard de Bodo co-chairs the practice and has extensive trial experience. He is involved in the Freescale litigation, representing Sanyo Electric Company and its US subsidiaries. San Diego-based patent litigator Sean Cunningham has litigated before the ITC on behalf of various large technology companies, and is currently representing Overland Storage in litigation against Germany-based BDT.

Within Trademarks: non-contentious (full coverage), tier 4

DLA Piper LLP's trademark team provides ‘a five-star service' across a broad range of industries including apparel, food and beverage and leisure. Though the core team members are based in Washington DC and Chicago, it fields individuals across the firm's network, ensuring that ‘responses are immediate' and coverage ‘seamless', whether on domestic or international matters. Washington DC-based practice head Ann Ford is ‘very practical and extremely effective at cutting to the core of a dispute to avoid needless litigation. She thinks like a client and understands what is important from the business point of view'. Chicago-based Mark Feldman is ‘one of the top trademark lawyers in the world; he is responsive, pleasant, interesting, and always willing to go the extra mile'. The ‘responsive' Heather Dunn in San Francisco is also recommended, especially for internet matters. The group's clients include a leading cable television and multimedia entity, a national food and beverages retailer, and a luxury brand retailer.

United States : Investment fund formation and management

Within Real estate investment trusts (REITs), DLA Piper LLP is a second tier firm,

DLA Piper LLP acts on complex REIT-related transactions and has a niche capability in the publicly listed, non-traded REIT market. 20 lawyers in its national real estate capital markets group focus on REIT-related matters, with Chicago forming the hub of the REITs group; the team handles securities registration proceedings and debt and equity offerings for both trusts and underwriters. In 2011, it acted for Dividend Capital Total Realty Trust in its $2bn best efforts public offering, which became the first established public non-traded REIT to conduct a follow-on public offering at a price based on daily estimates of issuer’s net asset value per share. It also acted as counsel to Raymond James & Associates as managing lead underwriter of the IPO by Schottenstein Realty Trust, a shopping center REIT. Roger Bergdolt heads the non-traded public REITs practice.

United States : Litigation

Within Product liability and mass tort defense: automotive/transport , DLA Piper LLP is a third tier firm,

DLA Piper LLP counts Porsche among its clients, for which it acts as national counsel in all automotive asbestos litigation as well as other matters. Examples include defending it in a consumer class action relating to Xenon headlights on sports cars and sport utility vehicles, and separate actions relating to engine configurations in its flagship Porsche 911 model. Toyota recently instructed the firm to serve as regional trial counsel in personal injury claims concerning issues of alleged unintended acceleration in its vehicles. The team’s role involves primary responsibility for individual cases in several states, as well as being part of the broader litigation management process required to address the influx of similar cases filed as the result of extensive media and Congressional scrutiny. Philadelphia-based William Kiniry Jr and San Diego-based Christopher Young are recommended.

Within Product liability and mass tort defense: consumer products (including tobacco), tier 4

DLA Piper LLP’s ‘excellent’ product liability team has a longstanding relationship with Lorillard, for which it is acting in consumer fraud and personal injury litigation, and in 2011 successfully tried to verdict one of the Engle progeny cases in Florida. The firm continues to advise Menu Foods following a pet food recall of 2007, as the settlement that was reached has been appealed. In a separate instruction from the same client, the firm acted in a class action concerning the ‘Made in the USA’ label on pet food that contained wheat gluten from China. Other recent instructions for the client include a class action alleging false advertising and violation of consumer protection statutes. Another client is John Deere, which the firm represented in a matter alleging that certain equipment was negligently designed or breached warranties. The practice group chairs are Loren Brown in New York, William Kiniry Jr in Philadelphia, and Christopher Young in San Diego. Washington DC-based Stephen Mysliwiec is ‘knowledgeable, thorough and persuasive’.

Within Product liability and mass tort defense: pharmaceuticals and medical devices, DLA Piper LLP is a second tier firm,

DLA Piper LLP is one of the core firms defending Wyeth against thousands of product liability claims alleging that its hormone therapy medications Prempro and Premarin cause breast cancer and other injuries. Recently the group played a key role for Pfizer in the dismissal of class actions alleging off-label promotion of certain medications. In two of the more serious cases, Zafarana v Pfizer and Caltieri v Pfizer, it served as co-lead defense counsel where plaintiffs sought certification of a nationwide class of all individuals who had purchased or paid for a variety of medications – both cases were dismissed. Other matters include representing GE Healthcare as national counsel in mass tort litigation involving Omniscan, a gadolinium-based contrast agent (GBCA) used in MRI scanning procedures. The product liability group is led by Loren Brown in New York, William Kiniry Jr in Philadelphia and Christopher Young in San Diego.

Within Securities: shareholder litigation, tier 5

DLA Piper LLP’s team is led from Los Angeles and San Diego by Perrie Weiner and Robert Brownlie respectively and includes the ‘timely and effective’ Nicolas Morgan. The firm defends corporate clients against stockholder claims covering the full range of federal securities laws, stockholder derivative litigation and other corporate governance disputes, as well as in contests for corporate control. In a high-profile individual representation, the firm is advising former chief executive officer of Fannie Mae, Dan Mudd, in numerous securities and derivatives matters and has already seen several cases successfully dismissed. In another highlight, the firm obtained the dismissal of a $10m breach of contract and fraud claim on behalf of Orient Paper. Other representative clients include E*Trade, Lockheed Martin and South West Water.

United States : Media, technology and telecoms

Within Technology: data protection and privacy, DLA Piper LLP is a first tier firm,

DLA Piper LLP is commended for its ‘holistic view and tremendous depth and breadth’. Its significant Washington DC presence is supported by an extensive national and global footprint. Advising on compliance policies, regulatory investigations and undertakes transactional support and litigation, it represents technology providers and customers and handles international and cross-border matters, including data transfers and breaches. The group has particular strength in financial services regulation, with practice co-chair Thomas Boyd advising the National Business Coalition of leading investors and corporations, and counseling global financial services organizations and major corporates. The group advises IT and corporate clients on managing risk and security and dealing with data breaches. Boyd and Jennifer Kashatus, who joined from Womble Carlyle Sandridge & Rice, advised a leading global financial institution on data protection compliance, including vendor management, data transfer, customer and employee issues. Jim Halpert in Washington DC, advises the State Privacy and Security Coalition on privacy, security, consumer protection, marketing, child online safety, and internet advertising. Michael O’Neil in Chicago is defense counsel in consumer class actions. Key clients include Alcatel-Lucent, Experian, GE, RBS, Symantec, Kodak and Verizon. Heidi Salow left the firm to join Greenberg Traurig LLP.

Within Technology: outsourcing, DLA Piper LLP is a third tier firm,

DLA Piper LLP’s outsourcing group, led by Vincent Sanchez in Chicago, who chairs the US technology, sourcing and commercial practice, includes Mark Radcliffe in Palo Alto. Supported by the firm’s global footprint and strength in technology transactions, and its investment in developing client-facing software applications, the group is recommended for its ‘tremendous breadth and depth’, representing high-profile clients in financial services, healthcare and hospitality. Sanchez and his team recently represented a global financial services company in the $100m outsourcing of the design, build, implementation and hosting of a commercial lending platform for its North America operations. 2011 saw a revival in onshoring and the increased popularity of cloud computing focused attention on data security and protection. Clients include BP, Groupon, Hyatt, Marriott, Medicis Pharmaceutical, Novelis, Red Hat and RBS.

Within Technology: transactions, DLA Piper LLP is a second tier firm,

DLA Piper LLP’s team has ‘tremendous depth and breadth’, a prominent presence on the East and West Coasts and is recommended for ‘full-service legal work that integrates different practices’. Vincent Sanchez in Chicago, who chairs the US technology, sourcing and commercial practice, handles complex commercial transactions, and advises on the acquisition, divestiture, and licensing of technology products, and services. Recent mandates include assisting a major Silicon Valley firm with its open source strategy. The firm’s global reach allows it to handle complex cross-border and multijurisdictional transactions. The ‘excellent’ team continues to win big-ticket deals in financial services, pharmaceutical, hospitality and airline industries and is recognized for its ‘intellectual property knowledge’. Mark Radcliffe in Palo Alto provides strategic IP advice and expertise in cloud computing and social media. William Cook in Washington DC combines technology and telecoms expertise. In San Francisco, ‘true professional and domain expert’ Stacey Snowman advises a quasi-governmental entity. Beni Surpin joined the San Diego office from Sheppard, Mullin, Richter & Hampton LLP. The prestigious client list includes Pfizer, eBay, Qualcomm and Sony Corporation.

United States : Mergers, acquisitions and buyouts

Within Antitrust, tier 6

Excellent on all counts’, DLA Piper LLP is ‘very responsive and extremely knowledgeable of the laws in various circuits’. The firm reaps praise for its antitrust litigation capabilities, acting for Oracle America, Time Warner Cable and Reddy Ice Holdings among others. Recent work includes representing Church & Dwight, America’s largest seller of condoms under its Trojan brand, in an antitrust action brought by the client against another competitor in the condom industry. As part of a strong global network, the 20-partner US practice operates on an evenly spread national platform, led by the ‘excellent’ David Bamberger in Washington DC, who has over 30 years’ litigation experience in federal and state courts around the country. In Philadelphia, Carl Hittinger is ‘always well prepared and truly an expert in the field; while he knows how to settle cases, he is willing and extremely able in taking a case through litigation’. Dallas-based James Nelson heads up the Texas litigation group and has tried nearly 200 jury trials, but is also well known for defending antitrust investigations. Also recommended are Jeffrey Shohet in California, and Paolo Morante in New York.

Within M&A: middle-market ($500m-999m), DLA Piper LLP is a first tier firm,

DLA Piper LLP’s transactional practice reflects industry experience across various sectors including technology, life sciences, health care, food, real estate, franchising, insurance, manufacturing, distribution, and business and financial services. The practice represented Abengoa in connection with the $421m sale of its 40% stake in Telvent GIT to France-based Schneider Electric, the world’s largest maker of low – and medium- voltage equipment; and acted for Radiant Systems, which provides touch-screen kiosks and handheld point-of-sale systems to fast-food restaurants, as well as to sports and entertainment venues, in its $1.2bn cash sale to business technology company NCR Corporation, a Duluth-based manufacturer of ATMs and store-checkout systems. New York-based Jonathan Klein chairs the M&A practice group. Klein’s representative experience includes advising Pfizer in connection with the divestiture of material portions of Pfizer’s and Wyeth’s animal health business to Boerhinger Ingelheim; acting for Invitrogen Corporation – now known as Life Technologies – in connection with its $6.7bn merger with Applera Corporation; assisting CK Life Sciences in the acquisition of Vitaquest International; and advising NEC Corporation in the acquisition of NetCracker Technology Corporation. Roger Meltzer in New York is global corporate and finance chair; San Diego-based Jay Rains and Jay Smith in Maryland are global co-chairs of the corporate practice.

Within Private equity buyouts, tier 4

DLA Piper LLP’s commitment to the private equity sector was illustrated by its recruitment of high-profile private equity specialist Daniel Eisner from Proskauer Rose LLP in January 2012. He is now based in the firm’s New York and Miami offices, but will be crucial to building the firm’s private equity credibility in the key market of New York. His arrival follows the firm’s hire of David Lee into its Chicago office at the end of 2010. The firm continues to maintain a high-volume of deals both nationally and internationally. China and Brazil are two particularly active markets for the firm. The firm recently advised Baird Capital Partners in connection with its acquisition of Harris Research from the Home Depot. Other key clients are Wind Point Partners, Arbor Private Investments and Mistral Equity Partners. Leading partners in the department include Chicago and New York-based Steven Napolitano who heads the department, as well as New York-based global chair of the corporate and finance practice Roger Meltzer, and fellow New York partner Christopher Giordano. Atlanta and New York partner Joe Alexander is also recommended.

Within Venture capital and emerging companies, DLA Piper LLP is a second tier firm,

DLA Piper LLP has made significant inroads into the emerging companies and venture capital segment, with notable growth in the key Silicon Valley market in recent years. In January 2012, the firm hired a five-partner corporate and intellectual property team from the Palo Alto office of Reed Smith LLP. The team, which is focused on emerging growth and technology companies, as well as venture capital funds, includes Rich Scudellari, Armando Castro and Matt Oshinsky. The arrival of the group closely follows that of leading Silicon Valley figure Curtis Mo in 2010. The firm has consistently demonstrated its commitment to the sector, having also launched an emerging growth-focused New Jersey office, also in 2010. It has enabled the firm to have one of the few truly national emerging company and venture capital practices, with notable presences in other key centres such as Austin, Houston, San Diego, Seattle, Northern Virginia and Atlanta. Clients include venture funds Ignition Partners, Qualcomm Ventures, and Northern Lights Capital Partners, as well as growth company clients Groupon, WhaleShark Media and Scivantage. The department is headed by Austin and Palo Alto-based Paul Hurdlow and Jeffrey Lehrer in Reston, Northern Virginia. Managing partner of the Austin office Jim Montgomery is another key name, while San Diego’s Randy Socol and David Young have carved out a large market share of venture deals in the Golden Triangle region.

United States : Real estate and construction

Within Construction (including construction litigation), DLA Piper LLP is a second tier firm,

The construction practice at DLA Piper LLP specialises in heavy construction, energy and infrastructure projects, with the firm’s size and depth allowing for a level of expertise and resource-sharing between offices and practices that few other firms can match. Delivering an ‘excellent overall level of service’, the practice negotiates and drafts a vast number of construction contracts a year. It also has experience handling large and complex disputes on behalf of both plaintiffs and defendants, including claims relating to breach of contract, termination, personal injury and construction defects. The firm continues to represent the Port Authority of New York and New Jersey in the redevelopment of the World Trade Center site, including in the preparation and negotiation of critical construction management, design, and trade contracts. It is also representing an affiliate of BP Biofuels North America, advising in matters regarding delivery systems as well as drafting and negotiating contracts pertaining to the engineering, procurement and construction of a biofuels plant. The practice is led from three offices: Robert Crewdon’s practice in Atlanta focuses on both transactional and contentious work for owners, developers and contractors, with a particular emphasis on risk management and claims avoidance; and Anthony Meagher in Baltimore brings ‘great industry knowledge’ to his work in arbitration/litigation and the negotiation of contracts.

Within Land use/zoning, DLA Piper LLP is a first tier firm,

DLA Piper LLP’s land use, development and government relations practice has a national presence, with 17 partners based across six offices coast to coast. The group recently represented The Ratkovich Company in the acquisition of 11 historic buildings in the Playa Vista, including the Spruce Goose hangar, totalling over 575,000 sq ft; this included the review of an environmental impact report, a historic resources treatment plan and a mitigated negative declaration. The team also assisted RedLeaf Properties in the acquisition of 81 acres of land comprising the 1.1 million sq ft Highland Mall shopping center in Austin, Texas, as part of a public-private partnership with Austin Community College. Theodore Novak chairs the group from the Chicago office.

Within Real estate, DLA Piper LLP is a second tier firm,

DLA Piper LLP’s team has excellent geographic coverage, with 175 real estate lawyers operating from 13 US offices. Esteemed Washington DC-based practice chair Jay Epstien leads the full-service real estate group, which is very experienced in hotel, office and multi-family transactions. Jeffrey Keitelman, who splits his time between Washington DC and New York, continues to head a team of nearly 60 lawyers in the ongoing representation of the Port Authority of New York and New Jersey in all real estate aspects of the redevelopment of the World Trade Center site, the team recently advising on the lease of one million sq ft in One World Trade Center to Condé Nast. In another highlight, a 57-lawyer, cross-practice team assisted Blackstone affiliate BRE Retail Holdings in the $9.4bn acquisition of 585 shopping centres from Centro Properties. Fred Klein in Washington DC led the advice to Tishman Speyer in relation to an injection of $700m in new equity to recapitalize its office building portfolio. ‘Risen star’ Michael Hamilton in Los Angeles recently led a team assisting Macerich in a swap transaction involving the purchase of property interests previously held by General Growth Properties. The Bank of China and Normandy Real Estate Partners are other major clients. James Beard and Peter Ross, in Chicago, are notable individuals.

United States : Tax

Within Domestic tax: East Coast, tier 6

Bruce Wein chairs DLA Piper LLP’s national tax practice from New York, with other offices based in Baltimore, Boston and Washington DC. The tax group assists the corporate, capital markets and restructuring departments across a wide range of instructions for major multinationals and financial institutions including Dunbar Armoured, Hewlett-Packard, HSBC International, ICON Capital and Moody’s Investors Service.

Within Domestic tax: West Coast, tier 4

DLA Piper LLP’s 35-strong Californian one-stop shop tax group in Palo Alto, San Francisco, Los Angeles and San Diego handles national and international matters at every level. David Colker heads the firm’s global and US tax practice from Silicon Valley. In the REIT space, Larry Tannenbaum has a strong regional following, and Arthur Rinsky has a broad business-oriented practice concentrated towards real estate and partnerships. Practice group clients include Allergan, Sanmina-SCI and Silicon Laboratories.

Within International tax, tier 4

David Colker heads up DLA Piper LLP’s global international tax group (‘good at presenting issues and making practical recommendations’) from the firm’s Silicon Valley office, with partner-level representation in the US also in New York, which includes a European desk, Washington DC and Boston. The firm has particular expertise in corporate tax advisory services, outbound investments, transfer pricing, tax controversy, inbound investments, cross-border licensing, real estate tax services, private equity investment, and equity investment and incentives tax services. Gerald Rokoff, who has extensive experience in advising on international tax structuring, recently joined the New York tax practice from White & Case LLP.


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Legal Developments by:
DLA Piper

  • Sentencing guidelines for corporate manslaughter

    In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.

    - DLA Piper UK LLP

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Jersey Royal Court considers measure of damages for dilapidations claims

    In the absence of any statutory provision in Jersey addressing how dilapidations claims are to be quantified, the Royal Court's decision in JSSL v Barclays has provided some much needed guidance, particularly in circumstances where there is an acceptance that works to redress dilapidations have not been and will not be carried out.
  • English Supreme Court rules on Mistake and Hastings Bass

    On 9 May 2013 the English Supreme Court handed down a unanimous judgment on the seminal cases of Pitt-v- Holt and Futter -v- Futter , with Lord Walker's valedictory judgment conclusively resolving the English position on the rule in Hastings Bass and rescission on the ground of mistake.
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a dawn raid?

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  • International shipment of waste: transporters beware

    Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here
  • Cyprus Shipping Industry : Business as usual. Why despite recent events Cyprus remains an internatio

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  • FOREIGN EXCHANGE OPERATIONS

    The excellent support system in combination with the ideal jurisdiction provided in Cyprus set the country in the list of the most desirable countries through which you can offer foreign exchange operations. In addition, the accession of Cyprus within the European Union and, most importantly, the extremely beneficial economic advantages available due to the low costs and the outstanding taxation, create a covetable environment for foreign investors.
  • National public order. Adoption of the Draft

    The Presidium of the Supreme Commercial Court of the Russian Federation (hereinafter - SCC RF) adopted by the Informative Letter No. 156 dated the 26th of February, 2013 (hereinafter - the Informative Letter) on Review of the consideration by arbitrazh courts of the cases on the implementation of the public order clause as the ground for rejection of the recognition and enforcement of the foreign court decisions and arbitral awards.
  • China Customs New Interpretation

    For many products, tariff classification can be technically complex, confusing, and subject to multiple interpretations. Often several different Harmonized System Codes ("HS Code") may seem applicable for one given product with different tariff rates. Tariff classification is indeed a process of application of customs classification rules, including customs rulings and decisions, and misclassification may trigger severe legal consequences. The sad fact is, unfortunately, that many companies rely on non-legal professionals to determine the HS Codes for imports or exports. A recent interpretation issued by the General Administration of Customs of China ("GACC") (Circular No. [2012] 495 Shu-Fa-Fa) (the "Interpretation") reinforces the process of tariff classification as a legal matter, and formulates the test as to what counts for regulatory violation if tariff classification rules are improperly applied by the importer or exporter in a given case. If the legal defense is successful, misclassification may only be treated as a non-violation misclassification, with the possible obligation to pay up additional customs duties, if any, but without administrative or criminal consequences. The Interpretation took effect as from February 1, 2013.