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Trusted Advisor - with Finnegan

IP specialist Finnegan detail how their collaborative approach makes for a unique culture which is designed to allow them to work with clients in a way which is cognizant of the challenges facing all companies today.

With a ‘deep bench of world-class lawyers’, Cleary Gottlieb Steen & Hamilton LLP is skilled at advising international and domestic financial institutions and corporations, sovereign governments and state-owned institutions. The team advises several global financial institutions, including HSBC, BNP Paribas, Crédit Agricole, Citigroup and The Bank of New York Mellon on matters arising from the Madoff fraud and the bankruptcy of Bernard L Madoff Investment Securities. The team is also advising National Westminster Bank, Credit Lyonnais, Commerzbank, BNP Paribas and BNP Paribas (Suisse) in seven different lawsuits asserting claims under the US Anti-Terrorism Act, in three different US district courts. Nortel Networks and Petrobras are also clients. In New York, Lawrence Friedman, Howard Zelbo, Jeffrey Rosenthal, Jonathan Blackman, who splits his time between London and New York, and Carmine Boccuzzi are recommended. Jared Gerber and Rishi Zutshi were recently promoted to partner.

Co-chaired by Donald Donovan and David W Rivkin in New York, Debevoise & Plimpton LLP’s ‘vast’ international dispute resolution team is ‘very experienced’ on a range of matters, including high-profile commercial litigation, white-collar and regulatory defense work, cybersecurity and data privacy matters, and complex IP disputes. Rivkin and Christopher Tahbaz, also based in New York, led Sanum Investments on a Singapore Court of Appeal case against its holding company Lao Holdings. David O’Neil in Washington DC and Courtney Dankworth in New York represent EMI Music Publishing Management in litigation brought by the Department of Justice (DOJ) seeking more than $1bn in an asset forfeiture matter. Also in New York, Bruce Yannett chairs the white-collar and regulatory defense group, Mary Beth Hogan co-heads the litigation group alongside Andrew Ceresney, who recently rejoined the firm after serving as the director of enforcement at the Securities and Exchange Commission (SEC), David Bernstein heads the IP litigation group, and David Sarratt was recently promoted to partner. John Kiernan and Mark Friedman, who divides his time between London and New York, are also recommended.

With ‘deep expertise and extraordinary commercial judgment’, Dechert LLP advises on a range of complex international disputes and is skilled at handling litigation ongoing in several jurisdictions simultaneously, in response to which it can draw on the expertise of its many US litigators and international offices. Recent highlights include representing NML Capital in litigation and parallel enforcement proceedings in the US, UK, France, Switzerland, Belgium, Luxembourg and Ghana to enforce defaulted sovereign bonds issued by the Argentine Republic. The firm also advised an affiliate of Contrarian Capital on judgment enforcement proceedings in four countries and on challenging a scheme of arrangement by the Indonesian Asia Pulp and Paper Group before the English High Court. The firm also advised Marco Lacchini, an Italian national and arbitrator, in a case alleging that he agreed to accept compensation to provide favorable results in two arbitrations for which he was the head of the arbitral panels. The ‘creative and proactiveDennis Hranitzky in New York has a ‘willingness to think outside the box and encourage others to do so’. New York-based Gary Mennitt co-heads the firm’s complex commercial litigation practice, and Andrew Wong in Los Angeles is also recommended. Robert Cohen retired in 2016.

The ‘terrific’ transnational litigation team at Gibson, Dunn & Crutcher LLP specializes in protecting clients against claims in US courts stemming from overseas activities, as well as reducing and eliminating the risks posed by foreign litigation, and is led jointly by Perlette Jura and William Thomson in Los Angeles and Andrea Neuman in New York. Theodore Olson and Matthew McGill in Washington DC successfully advised more than 1,300 US victims of terrorist attacks linked to Iran in Supreme Court case Bank Markazi v Peterson. Highlights also included representing Chevron at the Second Circuit, which affirmed the lower court’s decision that a $9.5bn judgment issued against Chevron in Ecuador was the product of fraud and corruption and could not be enforced in the US. Names such as Och-Ziff Capital Management Group, DFS Galleria, Crédit Agricole Group and Gucci are clients. In Los Angeles, Theodore Boutrous and Scott Edelman are singled out for praise, as are the ‘exceptionalRandy Mastro and Anne Champion in New York.

Particularly noted for its experience in cross-border finance disputes, Allen & Overy LLP advised a global financial institution on investigations relating to alleged manipulation and collusion in the market for US Treasury securities and in related multidistrict class action proceedings; Todd Fishman and the ‘brilliant’ David Esseks in New York led the work. Department head Michael Feldberg in New York and John Roberti in Washington DC led advice to German multinational Bosch Companies in antitrust litigation, consolidated in the Eastern District of Michigan, involving claims for damages for alleged cartel behavior. Additional highlights included advising a global financial services firm in regulatory matters relating to alleged manipulation and collusion in the global precious metals markets. New York-based Pamela Chepiga and Laura Hall are also recommended.

The ‘exceptional’ litigation team at Freshfields Bruckhaus Deringer LLP is ‘excellent in cross-border matters’ and advises global clients on white-collar defense as well as complex commercial, securities and antitrust litigation. In New York, practice head Aaron Marcu is leading work for MoneyGram International alongside colleagues from ten offices worldwide on anti-money laundering compliance matters. Co-head of the global investigations practice Adam Siegel, also based in New York, is defending Bristol-Myers Squibb on a Foreign Corrupt Practice Act (FCPA) investigation conducted by the DOJ and the SEC relating to issues in sales and marketing practices and relationships with officials outside the US. Tim Harkness, who also operates out of New York, has ‘a no-nonsense approach to litigation’ and is leading advice to an international trust structure administered out of Monaco in alleged subsequent transfers in a Madoff clawback action. In New York, Olivia Radin and Kimberly Zelnick are also recommended. In Washington DC, former deputy chief of the fraud section of the criminal division at the DOJ Daniel Braun joined the firm, and counsel Nabeel Yousef joined from Latham & Watkins LLP. Marshall Fishman joined Goodwin in early 2017.

Hogan Lovells US LLP’s US-based international litigation team is ‘fully capable of rendering excellent services for multinational companies, even in a foreign jurisdiction’. Daniel González and Richard Lorenzo in Miami are leading IBM México in multibillion-dollar litigation pending in the Southern District of New York. Peter Spivack and Katie Hellings in Washington DC are leading advice to Centrais Eletricas Brasileiras (Eletrobras) on a vast corruption and bribery case involving Brazil’s state-run oil company Petrobras. Lorenzo is also advising Pequiven, the government-owned petrochemical company for Venezuela, in a suit filed in the Southern District of Florida alleging expropriations of Venezuelan companies in violation of international law. New York-based Dennis Tracey III heads the firm’s Americas litigation group. Bruce Oakley in Houston is also noted.

Highlights for Latham & Watkins LLP’s international litigation team included advising American Airlines on various matters, including an antitrust lawsuit and a proposed class action alleging RICO violations involving claims airlines knowingly and unlawfully charge Mexican citizens millions of dollars in unauthorized fees. The firm also advises the British Bankers’ Association on all US litigation relating to allegations of Libor manipulation and acts for CARE USA in its compliance with US sanctions against Syria, Cuba, Sudan and Somalia. The firm also successfully defended the Dubai-based Emirates Bank against various claims brought by Californian technology company InfoSpan. Schlumberger, Ocean Spray and The London Metal Exchange are also clients. Jamie Wine in New York is global chair of the firm’s litigation and trial department, while Mary Rose Alexander in Chicago, Doug Lumish in Silicon Valley and Al Pfeiffer in San Francisco are vice chairs.

The ‘knowledgeable’ team at Norton Rose Fulbright US LLP delivers ‘excellent response times’ and advises large corporations and financial institutions on complex, high-value and sensitive multi-jurisdictional disputes. The team represents BMW in a dispute regarding the recall of certain vehicles using Takata airbags. Harvest Natural Resources, Vicinay Cadenas and Chevron Phillips Chemical Company are also clients. Houston’s Gerard Pecht is global head of dispute resolution and litigation, and Dallas-based Richard Krumholz is the US head of dispute resolution and litigation. Lana Varney in Austin is particularly noted for her experience in the pharmaceuticals and life sciences sector, while Houston’s Kevin O’Gorman and Mark Baker, who is the global co-head of international arbitration, are ‘particularly good on strategy’. The team has been bolstered by several hires at partner level, including the addition of Michael Edney, who recently joined in Washington DC from Steptoe & Johnson LLP.

Shearman & Sterling LLP’s ‘forward-thinking’ team advises international and multinational corporations and financial institutions on high-profile and sensitive disputes, including complex litigation, investigations and enforcement matters. The team also has a leading China securities litigation practice. The team achieved an appellate victory for Daimler and CEO Dieter Zetsche in a retirement benefit and age discrimination dispute. It is also advising Citigroup on an internal investigation and on US regulatory and enforcement matters regarding a $400m fraud against Citigroup’s Mexican unit, Banamex. It is also representing multiple financial institutions in Libor and other rate-setting disputes. In New York, global head of litigation Adam Hakki and deputy head of the litigation department Richard Schwed are recommended and Paula Anderson is ‘adept at international disputes’. John Cove joined the team in San Francisco from Boies Schiller Flexner LLP.

Skadden, Arps, Slate, Meagher & Flom LLP’s ‘highly regarded’ international litigation practice has ‘vast’ experience on a range of international disputes and is particularly experienced in cross-border investigations, compliance and regulatory matters. A team led by Julie Bédard in São Paulo and Jay Kasner and Scott Musoff in New York acts for the underwriters of Petrobras securities on disputes regarding a Brazilian police investigation, which included the enforcement of warrants for search and seizure, temporary and preventive detention and coercive measures, with the aim of ascertaining a money laundering scheme. The firm is also defending numerous Asia-based issuers in securities litigation related to IPOs in the US.

The ‘brilliant’ team at White & Case LLP has ‘encyclopedic knowledge of jurisdictions around the world and is able to marshal resources to handle any matter’. The firm defended Toshiba in a securities class action brought in the US, and a team led by ‘tremendous lawyerAalok Sharma in Los Angeles serves as Facebook’s global litigation counsel. Glenn Kurtz is global chair of commercial litigation and is based in New York, as is the ‘brilliantOwen Pell; Rachel Feldman in Los Angeles and Christopher Curran in Washington DC are also noted. Dennis Orr joined in New York from Morrison & Foerster LLP, and four white-collar and civil litigation partners joined from McDermott Will & Emery LLP, three of them in New York and Michael Kendall in Boston.

Washington DC-based litigation boutique Williams & Connolly LLP is ‘outstanding for international disputes’ and defends both US and international corporations, individuals and governments and government agencies in litigation, arbitration and administrative proceedings, including FCPA investigations. Robert Van Kirk is leading advice to The Carlyle Group on a range of matters, including a series of securities class actions brought against Carlyle and several of its officers in the US, and in claims that have been filed or threatened in jurisdictions around the world, such as Kuwait, the Netherlands and Guernsey. The ‘highly diligent, focused and responsive’ Ana Reyes co-heads the team alongside the ‘commercially aware’ Peter Kahn. Reyes is leading advice to the former president of Bolivia in a US civil litigation case.

Baker & Hostetler LLP advises multinationals, sovereign governments, international organizations, and private investors on a variety of international disputes. The firm serves as court-appointed counsel to the Securities Investor Protection Act (SIPA) trustee for the liquidation of Bernard L Madoff Investment Securities, working on the global investigation of the Madoff Ponzi scheme and related litigation seeking recovery for the BLMIS Customer Fund. It is also advising the Office of the High Representative for Bosnia and Herzegovina on an immunity dispute. Mark Cymrot in Washington DC and Gonzalo Zeballos in New York are recommended.

Baker McKenzie LLP’s US team spans its Chicago, New York, Dallas, Houston, San Francisco, Palo Alto, Washington DC and Miami offices, with clients also able to benefit from the firm’s huge international network in a variety of complex cross-border disputes. Colin Murray in San Francisco is leading advice to Hewlett-Packard, HP Enterprise Services and HP Malaysia on allegations filed by a Singaporean subcontractor regarding work performed in Malaysia for Bank Negara Malaysia. Dallas-based Brian Hurst and colleagues overseas are advising John Paul DeJoria, a billionaire American entrepreneur and philanthropist, on efforts to invalidate a Moroccan judgment regarding a failed Moroccan oil exploration venture. San Francisco-based senior counsel Bruce Jackson is representing Russian national Vitaly Smagin in proceedings to enforce an $84m arbitration award issued by the London Court of International Arbitration. Luis O’Naghten in Miami is also recommended. Mark Taylor in Dallas chairs the North America litigation practice.

Greenberg Traurig, LLP’s international litigation team advises on a range of international and cross-border disputes. It advised PepsiCo on a wrongful termination, breach of contract, willful destruction of business and breach of fiduciary duty case brought by a former Peruvian PepsiCo bottler, CEPSA. Lycos Internet Limited, Online Media Solutions, DolarToday and Banca Mifel are also clients. New York-based Louis Solomon is now global co-head of international litigation, having joined the firm in 2016 alongside Hal Shaftel, Colin Underwood, and Michael Lazaroff from Cadwalader, Wickersham & Taft LLP.

King & Spalding LLP’s ‘service is instant and considered’. The team is active across complex litigation and regulatory matters and is particularly noted for its FCPA and anti-corruption investigations practice. Alongside colleagues in London and Dubai, Mark Maloney in Atlanta is advising KFH Capital Investment Company and Kuwait Finance House Real Estate Company on a London Commercial Court fraud claim. Charles Correll in San Francisco, Richard Marooney in New York and Jeff Bucholtz in Washington DC advised Commisa, a subsidiary of KBR, on the enforcement of an arbitral award obtained in an ICC arbitration in Mexico. Chevron and ConocoPhillips are also key clients. Managing partner of the New York office Edward Kehoe is also noted.

Disputes and investigations firm Kobre & Kim has offices in New York, Washington DC, San Francisco and Miami, as well as international offices in London, Seoul, Hong Kong, Cayman Islands and BVI. It has ‘significant experience in dealing with international litigation matters’ and its ‘presence in various jurisdictions makes it a very good option’. Baha Mar, the developers of a $3.5bn resort complex in the Bahamas, retained the firm on an international dispute regarding the completion of the resort. Chevron is also a key client. Firm founders Michael Kim and Steven Kobre are ‘first rate’, Danielle Rose heads the financial products and services litigation practice, and Carrie Tendler heads the international judgment enforcement and offshore asset recovery practice. David McGill is ‘insightful, uber responsive and fearless’.

Litigation powerhouse Quinn Emanuel Urquhart & Sullivan, LLP has 20 offices across the US, Europe and Asia-Pacific, giving it a strong platform to advise on a range of cross-border and multi-jurisdictional litigation. Washington DC-based Juan Morillo is co-chair of the white-collar and corporate investigations practice and is leading advice to FIFA in connection with US criminal investigations into alleged bribery and corruption. William Urquhart, who splits his time between the firm’s Los Angeles and Washington DC offices, Fred Bennett in Los Angeles, and David Orta in Washington DC co-head the team.

Steptoe & Johnson LLP has ‘vast trial experience in the US and abroad’. Key highlights included advising Dakota Petroleum Transport Solutions and DPTS Marketing against claims arising from the Lac Mégantic railway fire and explosion in Canada. It also represents clients such as SI Group Consort, National Bank of Moldova and ExxonMobil. Karl Tilleman in Phoenix heads the team. Washington DC-based Steven Davidson and Michael Baratz are also recommended, and Michael Miller in New York has ‘a very international approach’.

Sullivan & Cromwell LLP advises a range of US and non-US companies on critical international disputes spanning investigations, regulatory matters and trials. In New York, Joseph Neuhaus advises on international commercial disputes and Nicolas Bourtin focuses on white-collar criminal defense and internal investigations, regulatory enforcement, and securities and complex civil litigation. Also based in New York, Darrell Cafasso advises multinational clients on regulatory and criminal investigations as well as securities law, bank regulation, consumer financial products and employment disputes. Theodore Edelman operates across the firm’s London and New York offices and his expertise spans antitrust, commercial contracts, banking, securities, insurance, IP, and M&A disputes.

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  • Bär & Karrer Advises CEVA Logistics on its IPO, the anchor investment by CMA CGM and its migration

    CEVA Logistics, one of the world's leading third-party logistics companies, successfully priced its IPO and listed its shares on the SIX Swiss Exchange, where trading commenced on 4 May 2018. With a market capitalization of CHF 1.6 billion and generating gross proceeds of CHF 821 million, this is so far considered as the largest IPO on the SIX Swiss Exchange for 2018. In addition, CMA CGM, the third largest container shipping group in the world, has committed to make a strategic cornerstone investment in CEVA Logistics by purchasing CHF 379 million of mandatory convertible securities which will convert into shares of CEVA Logistics once certain regulatory approvals have been obtained. Simultaneously with the IPO, CEVA Holdings, the former holding company of the CEVA group, migrated from the Marshall Islands to Switzerland by way of a cross-border merger with CEVA Logistic as the surviving company.
  • BAG: Employer not liable for harm caused by vaccine

    Employers who have flu vaccines administered within their company are not liable for any harm that might occur as a result of the vaccine. That was the verdict of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, in a recent ruling.
  • Tax Update

    Cyprus Tax Department has announced that, as of June 1 st 2018 , the following taxes, not bearing interest and charges, can ONLY be paid via JCCsmart (website ) . JCCsmart is a Cyprus portal used to contact payments to various organizations including the Government. This measure follows the successful implementation of the Pay As You Earn (PAYE) tax withheld from employees through JCCsmart.
  • Bär & Karrer Advises on the Financing of the Largest Thermoelectric Plant in Latin America

    Centrais Elétricas de Sergipe S.A. (CELSE) has successfully issued bonds for approx. USD 1 billion equivalent in local currency at a fixed, long-term rate in international capital markets. The innovative bond issue is guaranteed by the Swiss Export Risk Insurance (SERV), the export credit agency of Switzerland. The bonds are part of a financial package to finance the development, design, construction, operation and maintenance of a thermoelectric power plant by CELSE in the state of Sergipe in the northeast region of Brazil. Besides the bond issue for approx. USD 1 billion, the transaction includes a USD 200 million loan from the International Finance Corporation and a financial package of the Inter-American Development Bank in the amount of approx. USD 300 million. Once operational expected for in 2020, CELSE will sell electricity to 26 distribution companies in Brazil, becoming the largest and most efficient thermoelectric plant in Latin America and the Caribbean.
  • BAG: Threats made by employee can justify dismissal with immediate effect

    Employers do not have to accept threats made by employees. These can constitute good cause justifying extraordinary notice of dismissal with immediate effect, as demonstrated by a ruling of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court.
  • SyCipLaw is Tier 1 Firm in IP STARS 2018 Rankings

    SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) was once again ranked by Managing IP’s IP STARS 2018 as a Tier 1 firm in Patent and Trademarks/Copyright in the Philippines. In addition, SyCipLaw partners Enrique T. Manuel and Vida M. Panganiban-Alindogan are ranked as Trade mark star – Philippines . Mr. Manuel is also ranked as Patent star – Philippines .
  • Bär & Karrer Advises on Partial Self-Tender Offer

    On 21 September 2017, an extraordinary shareholders' meeting of the SIX Swiss Exchange listed N.V. authorized the board of directors to repurchase up to 33 1/3% of the company's share capital by means of a partial self-tender offer. The resolution adopted under Dutch law contained detailed information, among others regarding the period for which the authorization is granted, the manner in which the shares are repurchased and the price range within which the offer price must be set.
  • New Serbian Law on Foreigners Adopted

    In March 2018, the new Serbian Law on Foreigners was adopted, replacing the 2008 version of this law- in force until recently without any amendments. The new law will enter into force on 3 October 2018.
  • The Serbian Law on Foreign Exchange Amended

    On 20 April 2018, the amendments to the Law on Foreign Exchange (the “Law ”) were adopted and will enter into force on 28 April 2018 . Exceptionally, the application of certain provisions related to the assuming of competencies over foreign exchange control by the National Bank of Serbia is delayed until 1 January 2019.
  • Bär & Karrer Advises Vyaire Medical on its Acquisition of Acutronic Medical Systems

    Vyaire Medical, Inc., a global leader in respiratory care, acquired all shares in the Acutronic Medical Systems group, a Switzerland and Germany-based leader in the design and manufacture of neonatal ventilation equipment.