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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.

Cleary Gottlieb Steen & Hamilton LLP in New York is ‘a top-notch firm - the work is of very high quality and the lawyers think strategically and have vast industry knowledge’. Lawrence Friedman has 30 years’ experience in cross-border disputes and was part of a team that advised global banks such as HSBC on the defence of matters arising from the Bernie Madoff Ponzi scheme. Jeffrey Rosenthal, who regularly acts in matters involving Latin American parties, is currently acting for US entities of Nortel Networks in a dispute with its Canadian and European estates regarding the allocation of $7.3bn of sale proceeds. Also recommended are Carmine Boccuzzi, who is advising Robert Bosch on the Volkswagen diesel emissions scandal; Howard Zelbo and Jonathan Blackman, who are ‘of the highest quality’; Matthew Slater, who regularly acts for foreign governments; and securities litigator Jared Gerber. Nowell Bamberger in Washington DC is now a partner.

Debevoise & Plimpton LLP in New York ‘deserves its top-tier ranking and has a strong presence in cross-border litigation’. The litigation department is chaired by former SEC director of enforcement Andrew Ceresney and Mary Beth Hogan and has many star litigators, including former SEC chair Mary Jo White and international disputes group co-chairs Donald Donovan and David W Rivkin. The firm excels in high-profile cross-border commercial litigation, white-collar crime, regulatory defense work, and cybersecurity and data privacy litigation. Chair of the white-collar defense group Bruce Yannett acted for Rolls-Royce in a case arising from allegations of bribery and corruption following investigations in the UK, Germany, China and elsewhere. Catherine Amirfar of the firm’s public international law group, IP specialist David Bernstein and experienced trial lawyer Sean Hecker are also recommended.

Dechert LLP is ‘outstanding, first rate’, according to one client, who describes ‘a strong team with deep knowledge of the subject matter and which provides very sound advice’. The firm regularly advises investment funds, multinational corporations, bondholders and sovereigns in complex cross-border disputes. In New York, the ‘bright, very sharp, very strategicDennis Hranitzky is ‘an expert in sovereign disputes’ and leads the international and insolvency litigation group with Gary Mennitt. The team is ‘brilliant, dedicated to its clients and is certainly a tier-one firm’, according to one client. Other recommended lawyers include counsel Debra O’Gorman and Los Angeles-based Andrew Wong. A key highlight from 2017 saw the firm act for hedge fund Contrarian Capital Management in judgment enforcement proceedings in four countries and in a challenge to a scheme of arrangement by Indonesia Pulp & Paper Group.

Gibson, Dunn & Crutcher LLPstands out for highly complex cross-border matters that require a global strategy and the ability to work with foreign law experts’. Perlette Jura in Los Angeles now leads the practice with William Thomson and New York-based Andrea Neuman. Jura continued to advise Philip Morris USA on Delaware Supreme Court matters arising from cases filed by more than 400 Argentine farmers alleging exposure to pesticides used on their tobacco farms. With Los Angeles-based Theodore Boutrous, Jura also secured a victory for Nestlé USA after a 10-year dispute concerning transnational supply chain claims arising from the Ivory Coast. Rising star Anne Champion in New York successfully represented energy giant Chevron in a Supreme Court case confirming that a $9.5bn judgment against the company in Ecuador was the product of fraud and corruption. Also recommended are Scott Edelman in Los Angeles and Randy Mastro in New York.

Latham & Watkins LLP is ‘a terrific firm - top notch’, according to one client. Another remarks that its US-based lawyers ‘connect well with overseas offices and the teams work seamlessly together’. Jamie Wine in New York is global chair of the firm’s litigation and trial department, which has more than 600 litigators across its offices in the US, Europe and Asia, and which handles high-value and cross-border white-collar crime matters, antitrust cases and general commercial litigation. The US-based vice chairs are Mary Rose Alexander in Chicago, Douglas Lumish in Silicon Valley and Al Pfeiffer in San Francisco. Experienced trial lawyer Sean Berkowitz assisted General Electric in several lawsuits arising from Thomas Petters’ multibillion-dollar fraud scheme. Another highlight for the firm was litigation arising from one of the largest hostile takeover bids in history, in which it helped Allergan obtain a ruling that Valeant Pharmaceuticals attempted to buy the company at less than market value.

Allen & Overy LLP has ‘a global litigation practice that is built to handle complex international matters, particularly for non-US clients’. The firm has an enviable client base of global financial institutions and blue-chip corporates, and it has a strong reputation in commercial disputes, securities and financial services litigation, regulatory matters and white-collar defense cases. Michael Feldberg and John Roberti advised German automotive supplier Bosch Companies in a complex antitrust matter. Todd Fishman and David Esseks acted for a French global financial institution in regulatory investigations related to alleged manipulation of the US Treasury securities market. Pamela Chepiga is recommended for regulatory, civil and criminal litigation in the financial services area. Andrew Rhys Davies returned to the firm in 2018 after a stint as assistant solicitor general for the State of New York. Bradley Pensyl and Laura Hall are rising stars. All named attorneys are based in New York.

Baker McKenzie LLP’s international litigation practice brings together partners from across its 77 offices worldwide, with the team representing US and foreign multinationals in complex disputes and enforcement matters. Jennifer Semko leads the practice from Washington DC, which is also where Edward Baldwin, who is representing the Government of Canada in opposing a motion to dismiss an arbitral award brought by Mesa Power, is based. Colin Murray in San Francisco is defending three Hewlett-Packard businesses against a $130m claim brought by Singaporean subcontractor WonderWorks concerning works performed in Malaysia for Bank Negara Malaysia. Bruce Jackson continues to advise Russian businessman Vitaly Smagin in the enforcement of an $84m arbitral award issued in London. New hire Michelle Hartmann in Dallas joined the litigation and government enforcement practice from Sidley Austin LLP.

At Freshfields Bruckhaus Deringer LLP, ‘the team is astute, highly responsive and knowledgeable, as well as having a commercial approach’. The firm has ‘a relatively small presence in New York but punches above its weight in terms of its people and the quality of work it does’. Practice head Aaron Marcu, Linda Martin and rising star Olivia Radin represented Volkswagen Group in the settlement of criminal, environmental and civil claims relating to the diesel emissions scandal. Timothy Harkness, who is ‘exceptionally bright and is an expert in the field of financial services and securities litigation’, defended investment companies and structured investment vehicle Tensyr in a clawback action related to the Bernie Madoff Ponzi scheme. Kimberly Zelnick, who focuses on white-collar defense matters and multi-jurisdictional matters for major banks, is a key member of the financial institutions litigation group.

Hogan Lovells US LLP is ‘very efficient, very responsive and very helpful with US law matters for foreign in-house lawyers’. New York-based Dennis Tracey III heads the firm’s Americas litigation group and last year he advised PricewaterhouseCoopers Bermuda on a series of cases arising from the Bernie Madoff Ponzi scheme, in which the company was accused of malpractice and negligence. Daniel González and Richard Lorenzo in Miami represented IBM México in litigation in the Southern District of New York arising from the premature termination of a services agreement by Iusacell. The firm’s track record of success for sovereign clients continued with Houston-based Bruce Oakley’s Supreme Court victory for the Republic of Venezuela arising from allegations that the country unlawfully expropriated drilling rigs owned by Helmerich & Payne.

At Norton Rose Fulbright US LLP, ‘international litigation is one of the best aspects of the firm’s capabilities’. The firm’s US litigation bench increased significantly following the 2017 merger with Chadbourne & Parke, and the New York office now has 80 litigators, many of whom handle cross-border matters. The firm advised former JP Morgan executive Javier Martin-Artajo on criminal and enforcement proceedings brought by the DOJ, the SEC and the UK’s Financial Conduct Authority concerning securities fraud. Another highlight was the firm’s work for BMW in multidistrict litigation concerning the recall of vehicles using Takata airbags. Gerard Pecht in Houston leads the global dispute resolution and litigation practice, while Richard Krumholz in Dallas leads the US group. Also recommended in Houston are Mark Baker and Kevin O’Gorman.

Shearman & Sterling LLP is ‘a truly international firm that is more globally integrated than some of its competitors’ and has ‘a reputation that extends far beyond the US’. The firm advises multinational corporations and financial institutions on high-profile matters including global investigations, Foreign Corrupt Practices Act (FCPA) matters and US-based litigation involving non-US entities. In New York, global head of litigation Adam Hakki, who advised underwriters of the Alibaba IPO on a securities class action, and deputy head of the litigation department Richard Schwed are recommended. Schwed regularly handles cross-border matters relating to contested mergers and acquisitions, antitrust cases and financial services litigation. With Henry Weisburg and Washington DC-based Christopher Ryan, he sought enforcement of arbitral awards to secure a $50bn payment from the Russian Federation after its expropriation of investments in the former Yukos Oil Company. Paula Anderson is a rising star.

Skadden, Arps, Slate, Meagher & Flom LLP in New York has a respected international litigation practice that handles cross-border commercial disputes, corporate investigations, white-collar crime and securities litigation. Jay Kasner and Scott Musoff are acting for financial institutions including Citibank, JPMorgan Chase and Morgan Stanley as underwriters of two multibillion-dollar note offerings by Brazilian oil company Petrobras, which is facing charges of corruption and bribery. Another highlight from 2017 was the work of Jonathan Frank for European carmaker BMW in securing the dismissal of a case based on allegations of business torts, defamation and tortious interference arising from the plaintiffs’ purchase of a parts supply company in Germany.

Sullivan & Cromwell LLP has ‘real expertise in cross-border matters’ and is a prominent firm in high-profile and high-stakes cross-border cases. Its client base includes global carmakers and international financial institutions. Sharon Nelles and leading light Robert Giuffra are part of a team defending Volkswagen in international litigation and investigations arising from the diesel emissions scandal, as well as in In Re: German Automotive Manufacturers Antitrust Litigation. Guiffra also advised Fiat Chrysler on a securities class action, and the firm secured two dismissals for UBS in the final suits arising from the collapse of Enron in 2002. Another highlight saw the group secure the dismissal of class action suits against BP Plc that alleged manipulation of the Brent crude oil market. Also recommended are Joseph Neuhaus, for matters concerning Latin America, and criminal investigations specialist Nicolas Bourtin.

White & Case LLP has ‘outstanding expertise in international litigation and shows both responsiveness and devotion to clients’ interests’. The lawyers ‘know how to strategize when handling complex legal and factual issues’. New York-based global chair of litigation Glenn Kurtz is ‘a top-notch lawyer with lots of commercial acumen’ and presides over deep bench of talent both in the US and across the firm’s global network. In the Washington DC office, clients recommend experienced trial lawyer Christopher Curran and Farhad Jalinous, who is ‘outstanding’ in Committee on Foreign Investment in the United States matters. Leading light Owen Pell in New York recently defended the Republic of Peru in a $213m breach of contract claim concerning alleged default on sovereign bonds issued in 1875.

Litigation boutique Williams & Connolly LLP in Washington DC ‘provides an unparalleled service that is worth every penny’. The firm ‘has extraordinary litigators’ and defends US and foreign corporations and individuals, foreign governments and government agencies in litigation in the US and abroad. ‘They understand the nuances of international disputes’, said one client, who also remarked that practice co-head Peter Kahn is ‘relentless in finding creative arguments’. Also recommended are practice co-head Ana Reyes, ‘creative litigator’ Bryan Wilson and ‘gifted business lawyer’ Nicholas Boyle, who is ‘always thinking two steps ahead of his adversaries’. Robert Van Kirk advised Carlyle Group in a $2bn action in the Royal Court of Guernsey arising from the collapse of Carlyle Capital Corporation.

Arnold & Porter joins the ranking on the strength of its growing roster of high-value cross-border disputes. Its corporate clients include blue-chip companies such as AstraZeneca, Bayer and BP. It also acts for governments and sovereign states in Latin America, the Middle East, Europe, Africa and Asia. Matthew Wolf in Washington DC is defending Boston Scientific in a $1bn patent dispute in which Edwards Lifesciences alleges that various replacement heart valve and related products infringe its patents. For Airbus, Thad Dameris in Houston is handling a $300m class action in Canada relating to the crash landing of an Air Canada A320 aircraft. The firm also handles major FCPA investigations.

Baker & Hostetler LLP is ‘first rate’, according to one client, ‘the practice works well as part of an international team on cross-border cases’. Mark Cymrot in Washington DC leads practice, which has ‘real depth and breadth of knowledge in cross-border fraud and asset recovery’. Gonzalo Zeballos in New York is recommended for multi-jurisdictional fraud and asset recovery litigation as ‘someone you want on your side in any conflict; his knowledge of cross-border procedures between the US and the UK is unparalleled’. Alongside Oren Warshavsky (who is ‘a brilliant lawyer with deep insight’), Zeballos helped bring claims exceeding $1bn in value in Bermuda, Austria, France and other jurisdictions for Irving Pickard against a group of hedge funds implicated in the Bernie Madoff Ponzi scheme.

Diaz, Reus & Targ, LLP joins the ranking on the basis of its work involving Latin American clients. The firm’s headquarters are in Miami but it has a network of offices across the US and Latin America, as well as a presence in Europe and Asia. Clients remark that it is ‘a relatively small firm that nevertheless has an impressive dispute resolution practice’. Michael Diaz, who takes the lead in cross-border criminal cases is ‘the guru; he has great people skills and a level of confidence that assures clients about how a case is being handled’. Gary Davidson, who represented Venezuelan state entity Ferrominera Orinoco in a complex case concerning sovereign immunity, is ‘an imaginative thinker and problem solver’.

Greenberg Traurig, LLP lost international litigation practice co-head Louis Solomon to Reed Smith LLP along with Colin Underwood and Michael Lazaroff, but it retains significant expertise in cross-border disputes. Experienced trial lawyer Hal Shaftel in New York is representing plaintiffs WR Huff Asset Management and Musashi LLC in the recovery of $1.6bn for consulting services rendered in connection with the financial restructuring of Virgin Media. Respected securities litigator Joseph Coates in West Palm Beach advised Everest Capital on a class action and derivative suit arising from investments in Swiss francs.

King & Spalding LLPhas distinguished itself in the enforcement of international judgments’. The US practice, which works as part of a global disputes practice across 20 offices worldwide, handled high-stakes litigation including a $3bn matter for Petersen Energía against YPF and Argentina relating to the loss of the company’s 25% holding in YPF. Practice head Reggie Smith in Houston led that case and also represented the plaintiffs in Ascom (Stati) v Kazakhstan Enforcement, which concerns a $500m arbitral award under the Energy Charter Treaty. James Berger specializes in the enforcement of international arbitral awards, and acted for Rusoro Mining in efforts to enforce a $1.2bn award against the Bolivarian Republic of Venezuela. Zach Harmon in Washington DC and Andrew Hruska in New York are also recommended.

Kobre & Kim in New York ‘has carved out a real niche as a specialist in international disputes, the enforcement of judgments and cross-border information gathering’. ‘The firm operates at the highest and most efficient level with a very strong and experienced team that has the skill to analyze complex situations and provide the best strategy’, according to one client. Founding partners Michael Kim and Steven Kobre (who is ‘intelligent, creative and client-friendly’), along with partner Jonathan Cogan, ‘provide sharp and sound advice’. John Couriel in Miami and Michael Ng in San Francisco are also recommended. Kim and Couriel represented the judicial administrator and foreign representative of Brazilian airline Viaçao Aérea São Paulo SA in a Chapter 15 ancillary bankruptcy case in the US District Court for the Southern District of Florida, in what is one of the largest bankruptcy proceedings ever in Brazil.

Litigation powerhouse Quinn Emanuel Urquhart & Sullivan, LLP provides ‘a tailor-made service at a very high professional level with in-depth industry knowledge and understanding of clients’ needs’. ‘The team works as a flawless, well-oiled machine’, remarks one client. In Washington DC, co-chair of the white-collar and corporate investigations practice Juan Morillo is ‘a very experienced and top-level criminal defense lawyer’ and he co-leads the Latin America practice group with David Orta and Daniel Salinas-Serrano. Morillo successfully defended former Rimsa owners Leopoldo de Jesus and Fernando Espinosa Abdalá against charges of fraud brought by Teva Pharmaceutical Industries. Experienced trial lawyers William Urquhart and Chicago-based David Nelson acted for Qualcomm in the world’s largest IP and competition dispute.

Steptoe & Johnson LLP has ‘excellent litigation and trial capability’, according to one client. Another remarks that it is ‘well known, well credentialed and capable of getting good results in international enforcement matters’. Washington DC-based Antonia Iannellio heads the commercial litigation and arbitration department. Also recommended are Michael Baratz and head of international arbitration Steven Davidson, who frequently defend blue-chip corporate clients in complex litigation. Davidson acted for ConocoPhillips in the enforcement of a $380m ICSID award against the Republic of Ecuador. White-collar defense specialist Reid Weingarten and New York-based litigator Michael Miller are ‘excellent trial lawyers and strong tacticians with real jury appeal’.

Winston & Strawn LLP is ‘first class’, according to one client, who praises the firm’s ‘trial-minded approach and strong track record in the courtroom’. Chicago-based Stephen D’Amore and George Lombardi chair the litigation department, which has a strong track record in high-stakes, high-profile cross-border matters. The firm’s highlights included GolTV, Inc, et al v Fox Sports Latin America Ltd, et al, which alleged violations of the RICO statute and of antitrust laws as well as unfair trade practices; and the defense of Ukrainian businessman Dmitry Firtash in an FCPA matter. One client describes Jeffrey Kessler as ‘the most effective advocate I have ever seen in action’, and David Feher is lauded as ‘an excellent lawyer with particularly good judgment on how to approach strategy’; both are based in New York.

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Legal Developments worldwide

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  • Korean Financial Regulators Advance Legislation to Introduce Regulatory Sandbox to Spark FinTech

    The 2018 year in review in Korea was notable for the sluggish overall economy, uncertainty surrounding the geo-politics and impact on Korea due to the global trade wars, on-going concerns related to the lack of jobs and unemployment, increased taxes and burdens for businesses and families, and no meaningful improvement or clarity in the current situation for 2019. In response, the Korean National Assembly passed a legislation called the Financial Innovation Support Act (the “FinISA”) on December 7, 2018 to spark the financial services industry in conjunction with FinTech products and services. The FinISA, which will soon take effect in March 2019, is intended to lay the legal foundation to introduce a regulatory sandbox for innovative financial services, where FinTech firms test their new products and services without certain regulatory oversight pursuant to exemptions for a limited period of time (“Sandbox”). As the FinISA exempts or defers application of existing finance-related regulations for new financial technology, products or services with the purpose of fostering the creation of innovative and new financial products and services, it will also support the stabilization of such services in the financial services market at the end of the testing period and is expected that the FinISA will support a revitalization of the FinTech industry which experienced sluggish growth in recent times. In particular, as companies and investors become more interested in security tokens and Security Token Offerings (“STO”) which are regulated by the Financial Investment Services and Capital Markets Act (the “FSCMA”), there have been on-going discussions and debates as to whether the FinISA could lead to a breakthrough in the crypto-asset industry based on blockchain technology. Crypto assets encompasses those assets which utilize blockchain technology where the asset is digitalized by utilization of cryptography, peer-to-peer networks and a public ledger of verified transactions resulting in a ‘units’ of such a crypto asset without any involvement by middle-persons or brokers (e.g., cryptocurrency.

    The sacking of Nissan’s high-profile chairman may have beenproof that nobody is infallible. But Nicola Sharp argues that it should also beseen as an indicator that no company can be considered safe from wrongdoing.
  • 2018 FCPA Enforcement Actions and Highlights

    Overall, 2018 was a more active year in terms of Foreign Corrupt Practices Act ("FCPA") enforcement actions compared to 2017.
  • Legality of advertising with statements on the effects of medical treatments

    Advertisements featuring statements on the effects of medical treatments are only permissible if they are supported by sound scientific evidence. This was reaffirmed by the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt.
  • Sayenko Kharenko announces new partner promotion

    Sayenko Kharenko announces new partner promotion
  • ECJ – Distinctive character necessary for registration as EU trade mark

    For a sign to be capable of being registered as an EU trade mark, it must be distinctive across the entire European Union. This was confirmed by the Court of Justice of European Union (ECJ) in a ruling from 25 July 2018.
  • Supporting local and international charitable organizations

    As one of the leading law firms in Cyprus, we are active promoters and supporters of local economic growth by sponsoring local events, applying environmental-friendly practices, minimizing our ecological impact, and most importantly, by raising money for local charities and non-profit organizations.
  • BAG – Employers can claw back bonus payments

    The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, confirmed in a recent ruling that employers can claw back collectively agreed bonus payments from employees under certain circumstances.
  • Stricter supervision in relation to the Scheme for Naturalisation of Investors in Cyprus by Exceptio

    Recently there were a lot of publications within the European Union expressing concerns about the allegedly very high number of Cypriot passports being given to foreign investors the last few years. The Council of Ministers has decided on 9th January 2018 with the decision with number 84.069, to impose a stricter supervision of all the parties involved in the Scheme for the naturalisation of non-Cypriot investors in Cyprus by exception.
  • 19% VAT on Plots

    In order to harmonize the  Acquis Communautaire on the Taxation of untapped and undeveloped plots of land, the Cyprus Government enacted, on 03/11/2017, relevant legislation for the imposition of 19% Value Added Tax (VAT) on these properties, with a date of enforcement being 02/01/2018. The relevant legislation refers to plots/pieces of land offered and/or provided for construction for economic purposes.

Press Releases worldwide

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