Event information

Date: Wed 7 Sep 2022 Time: 8.15am-6.00pm Venue: etc.venues St Paul's, 200 Aldersgate, St Paul's, London EC1A 4HD

Legal Business is excited to welcome delegates to its Commercial Litigation Summit in September. Like always, the Summit will feature some of the world’s leading names in disputes addressing the most pressing topics facing commercial litigators in 2022 and beyond. Such topics include the future of London as a disputes hub, the role of AI in litigation and the latest developments in Quincecare duty. With support from Gatehouse Chambers, Lineal, Epiq, One Essex Court, Harbour, HFW, Kirkland & Ellis, Penningtons Manches Cooper and acolad, attendees can look forward to a day of engaging and interactive discussion, followed by networking drinks to round off the evening.

Agenda

8.15am Registration
9.00am Opening remarks
Tom Baker, Legal Business

9.10am London and disputes – past, present and future
This panel session will focus on London as a global centre for litigation and arbitration, looking at advantages and disadvantages of both forms of dispute resolution in London – and what improvements could be made. Even more importantly, we will consider what the future may hold – including competition for London from both foreign centres but also other locations within the UK.

  • Lord Wolfson QC, One Essex Court
  • Richard Swallow, partner, Slaughter & May
  • Natasha Harrison, managing partner, Pallas Partners LLP

10.00am The term that must be used: AI and its role in the evolution of litigation
AI, mostly the subcategory of machine learning, was introduced to the legal industry in the 2010s.  The 2020 global pandemic and associated lockdowns have accelerated the use of technology in the legal industry.  What effect is the evolution of technology and AI having on litigation?  Is AI overhyped? What are some practical applications of AI and what the future could hold?

  • Brian Stempel, senior vice president, strategic client solutions, Lineal
  • Ilan Sherr, legal director, DLA Piper
  • Christopher David, director, Clifford Chance
  • Jenni L. Weaver, counsel, trial and global disputes, King & Spalding
  • Greg Lascelles, partner, Covington & Burling LLP
  • Johnny Shearman, chief operating officer, Keidan Harrison LLP

10.50am Coffee break

11.10am Quincecare: banks still in the spotlight
After almost thirty years since the original decision, the English courts have, in the last three years, been grappling with a series of cases relating to the so called Quincecare duty. This is a bank’s fiduciary duty to its customer, to execute the customer’s instructions with reasonable care and skill. This includes refraining from making a payment if it has reasonable grounds for believing that the payment is an attempt to misappropriate funds from the customer. The pendulum had swung against the banks in favour of both corporate and retail customers. Where does the balance lie now? There have been some key decisions in 2022, which this panel will address.

  • Rick Brown, partner, HFW
  • Jeffery Onions QC, One Essex Court
  • Fiona Huntriss, partner, Pallas Partners LLP

12.00pm ESG and Vedanta risk: striking the right balance
ESG and sustainability commitments, reflected in organisational policies and processes demonstrate a corporate actor’s corporate responsibility and sustainability credentials. Far from a marketing tag-line regulators, communities and stakeholders are increasingly seeking to find ways to litigate ESG matters, including in relation to crisis responses, ESG failures, greenwashing and misrepresentations about ESG performance and credentials. The panel discusses emerging ESG litigation risks and how corporate actors can try to strike the right balance between managing this risk and carrying out their activities.

  • Geraint Webb QC, Henderson Chambers
  • Anka Taylor, head of Aon transaction solutions, London and EMEA, Aon
  • Stuart Doxford, partner, Kirkland & Ellis
  • Ruth Knox, partner, Kirkland & Ellis

12.50pm Lunch

1.50pm Competition class actions: who benefits?
There has arguably never been a better time to be a competition litigator in the UK, but is it the lawyers and funders or the class members who will truly benefit?

  • Stephen O’Dowd, senior director of litigation funding, Harbour
  • Deba Das, partner, Freshfield Bruckhaus Deringer
  • Sarah Houghton, partner, Mischon de Reya
  • David Gallagher, founding partner, Geradin Partners

2.40pm Making your data tell a story
The value that advanced technology brings to eDisclosure and investigations is now universally recognised. Technology has transformed what used to be a largely manual process – reducing cost while simultaneously driving improvements in speed and performance. But it’s important not to lose sight of the role that human skills and experience can play in drawing inferences from data and ‘making it tell a story’. In this panel discussion, a group of experts will explore the interplay between analytics and expertise, and discuss how best to strike a balance between mind and machine.

  • Justin Collins, regional vice president, legal solutions, Epiq
  • Beatriz Verdeja, advanced technologies consultant, Epiq
  • Paul Burton, director of advanced technologies, Epiq

3.30pm Coffee break

3.40pm Digital assets and crypto: what do commercial litigators need to know?
In January this year, the Master of the Rolls, Sir Geoffrey Vos, said that those in the fintech world needed to ‘strain every sinew’ to educate lawyers about blockchain technology. Why did he say that, and what do commercial litigators who operate outside the world of fintech need to know about digital assets? This panel will answer those questions and discuss topical issues arising in disputes over digital assets, including the Law Commission’s recent foray into this rapidly developing area.

  • Thomas Bell, Gatehouse Chambers
  • James Shaw, Gatehouse Chambers
  • Niall MacDonald, partner, Appleby

4.40pm Closing remarks
4.50pm Drinks and canapés
6.00pm Event concludes

Speakers

Lord Wolfson, QC, One Essex Court

Former Minister for Justice in the House of Lords, Lord (David) Wolfson QC is one of the leading advocates of his generation and attracts instructions in the most complex and high value disputes. He has been instructed in many of the major banking and commercial disputes in recent years, and his practice extends over a broad range of commercial law, both in litigation and international arbitration. He also accepts appointments as Arbitrator (both sole arbitrator and as part of a panel).

Richard Swallow, head of disputes and investigations group, Slaughter and May

Richard Swallow is head of Slaughter and May’s disputes and investigations group and has over 25 years experience representing clients in high-value, multi-jurisdictional proceedings and significant global regulatory and criminal investigations. Areas of particular expertise include commercial and corporate disputes, group/class action litigation (competition, mass tort and securities claims), banking litigation, corporate crime and sanctions investigations. He is currently acting for Credit Suisse in its defence to claims brought in the English High Court by the Republic of Mozambique arising out of the $2bn financing of state tuna fishery and maritime security projects.

Natasha Harrison, managing partner, Pallas Partners LLP

Founding partner and legal powerhouse, Natasha is a barrister and solicitor who specialises in complex commercial litigation and arbitration disputes. On speed dial with some of the biggest global companies, her expertise lies in high profile, high-value cases for hedge funds, private equity funds, investment banks, corporations and governments. With a portfolio of encompassing high-stakes business disputes, distressed debt investments, sovereign debt investments, investments in special situations and emerging markets, securitizations and complex finance arrangements, and restructuring disputes, she has a reputation as being one of the leading litigators of the most important investor disputes of the last decade.

Awarded the Heroes Woman Role Model title for the third year running, Natasha is pioneering the way for gender diversity in the workplace. In 2021 she won Legal Advisor of the Year at the Women in Finance Awards and Outstanding Winner of Leaders in Law. She was also shortlisted for a Lifetime Achievement Award by the Law Society, Managing Partner of the Year in 2021 and she is top ranked in The Legal 500.

Brian Stempel, senior vice president, strategic client solutions, Lineal

As a 27-year industry veteran, Brian Stempel has developed a sterling reputation as an executive translator for practice technology strategy and operational excellence across leading Global 100 firms and their Fortune 1000 clients. He is an intuitive leader with acute business acumen and expertise in channel development while excelling at collaborating with legal teams to develop innovative, value-creating solutions.

llan Sherr, executive director, Aiscension; legal director, DLA Piper

llan Sherr is an experienced competition lawyer at DLA Piper and executive director of Aiscension, DLA Piper’s award-winning compliance monitoring tool. Ilan has 20 years’ experience in advising clients in competition law, such as cartels, anti-competitive agreements, merger control and state aid as well as EU law, trade and free movement. For the last four years Ilan has also led the development of Aiscension.

Aiscension is a neural-net AI, built to detect cartel behaviours and offer organisations additional compliance security against increasing regulatory scrutiny. Since launching the cartel module in 2021, Ilan has continued to develop the capabilities of Aiscension, and is working with a team of DLA Piper lawyers to train the AI to detect bribery and corruption. The module for anti-bribery and corruption will be launched in Autumn 2022.

Christopher David, director of white collar crime, Clifford Chance

Christopher David is director of white collar crime at Clifford Chance. Christopher specialises in representing both companies and individuals in white collar crime matters mainly involving allegations of fraud, bribery and corruption, insider dealing, tax evasion, cartels or money laundering. These matters predominantly involve investigations undertaken by the Serious Fraud Office (SFO), the Financial Conduct Authority (FCA) or the National Crime Agency (NCA), as well as overseas agencies, such as the US Department of Justice (DoJ) and Securities and Exchange Commission (SEC). In addition, Christopher has considerable experience in cross-border corporate and internal investigations on behalf of multi-national corporations and major financial services clients. These investigations often involve multiple jurisdictions, as well as compliance issues and risk management. Christopher also has experience working as a member of a DoJ-appointed independent Compliance Monitorship team and is the co-author of A Practical Guide to INTERPOL and Red Notices published by Bloomsbury Professional.

Jenni L. Weaver, counsel, trial and global disputes, King & Spalding

Jenni L. Weaver is an attorney in King & Spalding’s E-Discovery practice. Her practice focuses on electronic discovery issues, particularly with respect to representation of clients in matters of product liability and governmental investigations. Her primary focus is ensuring her clients’ European operations and electronic discovery processes are compliant with the General Data Protection Regulation (GDPR). Additionally, Jenni provides advice and counsel to clients to help limit the scope and cost of document review through managing data processing and proper metadata field mapping, early case assessment, search term development, developing efficient workflows, workable review protocols. Jenni works closely with in-house counsel, co-counsel and vendors to ensure consistency, efficiency and quality throughout the duration of the document review process. Jenni also works with clients to develop standardized ESI protocols, records management policies, records retention schedules and litigation hold practices.

Rick Brown, HFW

Rick Brown is co-head of the fraud and insolvency team. Rick specialises in complex, high-value cross-border fraud and insolvency matters, including those which involve claims for breach of contract, fraud and/or breach of fiduciary duties and asset tracing. He has also worked on a number of offshore trust matters in the Caribbean, Gibraltar and elsewhere. He regularly deals with and instructs investigators and offshore lawyers.

Rick has considerable experience in acting for insolvency practitioners, mainly on contentious complex cross-border insolvency matters. He has valuable experience of interlocutory hearings and trials in the Commercial Court in the British Virgin Islands and elsewhere in the Caribbean and has significant experience acting for clients on claims involving parties from Russia and the CIS, as well as the Middle East.

Rick is also ranked in Who’s Who Legal for asset recovery and has been recommended in the dispute resolution (commercial litigation) section of The Legal 500.

Jeffery Onions QC, One Essex Court

Jeffery Onions has a broad commercial practice, both as an advocate and in an advisory context. He has particular expertise in banking/finance/structured finance, private equity, company/insolvency, civil fraud, energy/oil and gas/renewables, insurance/reinsurance, shareholder disputes and international arbitration. He was instructed on behalf of Barclays in the successful defence of the claim in PCP Partners v Barclays.

Geraint Webb, QC, Henderson Chambers

Geraint Webb QC is a barrister at Henderson Chambers. He is recommended as a leading in silk in eight different practice areas across Chambers UK and The Legal 500, namely: group actions, product liability, property damage, environmental law, commercial dispute resolution, professional negligence, insurance and reinsurance, and inquests and inquiries.

He has acted in many group actions, mass tort claims, multiparty commercial actions and multi-party arbitrations. He is typically instructed on behalf of corporate defendants and insurers. He is regularly instructed in respect of major property damage claims, environmental damage claims, human rights claims and product liability claims, including pharmaceuticals/medical devices, automobiles, consumer and industrial products. His work involves many different sectors including oil and gas/extractive industries, manufacturing, construction, agriculture, life sciences, food and drink, and consumer goods. His work frequently involves cross-border disputes and jurisdictional issues as well as related insurance coverage disputes.

Anka Taylor, head of Aon transaction solutions, London and EMEA, Aon

Anka leads the Aon Transaction Solutions team in London and across EMEA, focusing on complex, cross-border transactions for Aon’s clients in the region.

She has almost 20 years’ experience in the M&A insurance industry, as a senior underwriter for ten years (originally responsible for establishing and developing the insurer’s M&A business), and subsequently as a broker for W&I, tax and litigation insurance, including working on several of the largest-ever transaction solutions insurance placements.

Having qualified and practiced initially as a litigator at Macfarlanes, Anka’s rigorous approach and perspectives across all aspects of M&A insurance underwriting and placement, make her a go-to broker for managing and executing complex transactions.

Stuart Doxford, partner, Kirkland & Ellis

Stuart Doxford is a litigation and arbitration partner for Kirkland & Ellis in London, his vast experience extends across financial markets and commercial litigation with a particular focus acting for financial institutions and asset management firms in a broad range of high value disputes.

Stuart has contributed to publications such as the AIMA Journal, Financier Worldwide and Legal Business Disputes elaborating on mitigating litigation risk and the complexities of climate and ESG related disputes. In 2018, he won the ‘Most Innovative Use of Technology’ at The Lawyer Awards and was shortlisted for the FT Innovation Award for developing an online risk management tool to ensure clients were prepared for the most complex challenges associated with jurisdiction, governing law and enforcement of judgments following Brexit.

Ruth Knox, partner, Kirkland & Ellis

Ruth is a partner in Kirkland & Ellis’ ESG and impact practice group, advising some of the world’s most sophisticated private equity firms, corporations, and project sponsors and lenders on complex and evolving legal issues relating to environmental, social and governance (ESG) and climate-related regulatory requirements, investor demands, strategic opportunities, and voluntary reporting frameworks and coalitions.

Ruth’s practice focuses on advising clients on the management, mitigation and maximisation of ESG risks and opportunities respectively. She has spent almost a decade advising on ESG regulations and soft law standards, including the EU Sustainable Finance package, the Non-Financial Reporting Directive (NFRD) and the Task Force on Climate-related Financial Disclosure (TCFD) standard. Her experience spans large scale international M&A, project finance transactions and ESG-related corporate crises of an international profile, and she has meaningful experience in climate finance.

Stephen O'Dowd, senior director of litigation funding, Harbour

Originator of new investment opportunities with a particular focus on class actions, competition claims and the use of litigation funding in Australia. With nearly eight years’ experience of sourcing, assessing and managing complex investments, Stephen is a highly-regarded expert in litigation funding.

Experienced in both private practice with Addleshaw Goddard and in-house as Head of Commercial Litigation with British Telecommunications Plc, Stephen has established deep and strong relationships with leading litigation practitioners in Australia and in the UK. Stephen holds a law degree from the University of Nottingham and qualified as a solicitor in 2000.

In March 2020, Stephen won the ‘Litigation Individual, Europe’ award at the Lexology Global Counsel Awards.

Justin Collins, regional vice president, legal solutions, Epiq

Justin Collins is regional vice president for EMEA at Epiq, responsible for Epiq’s commercial business in the region. He has more than 25 years’ experience in business development, product management, learning and development and marketing across a variety of sectors. Prior to Epiq, Collins worked at Alternative Networks plc where he headed up various functions in sales, product management, learning and development, and marketing. During the course of his career, he has specialised in go to market strategy, commercial packaging, acquisition integration, and the incubation of new business units.

Beatriz Verdeja, advanced technologies consultant, Epiq

Beatriz Verdeja, advanced technologies consultant, is a Spanish qualified lawyer based in Epiq’s Zurich office. She has worked in the eDisclosure industry for nine years. Currently, with expertise in both law and technology, Beatriz helps clients solve complex legal matters with the use of advanced analytics software and processes. LLB Universidad Pontificia Comillas (Madrid)| LLM EU Competition Law King’s College (London).

Greg Lascelles, partner, Covington & Burling LLP

Greg Lascelles advises clients in high-stakes matters with significant financial or reputational risk. His broad-based practice covers complex international commercial litigation, arbitration, regulatory investigations and Select Committee hearings, with a range of experience across technology, financial services, life sciences, music, sport, and consumer goods. He has been involved in groundbreaking High Court and FCA disputes relating to, among other things, negligence, fraud, collective selling and market abuse, as well as in the Supreme Court on the interpretation of contracts.

Thomas Bell, Gatehouse Chambers

Tom is a highly experienced junior, specialising in commercial, professional negligence and insurance disputes. Tom is sought after for both his courtroom skills and advisory work. Clients value his commercially minded advice, attention to detail and tactical acumen.

James Shaw, Gatehouse Chambers

James is a specialist commercial litigator and has become a ‘go to’ junior in this area. His practice encompasses all manner of commercial disputes, notably shareholder and company claims, civil fraud, insolvency, and tech disputes. James’ work is often international in nature and he is well-versed in the kind of issues arising in cross-border litigation.

Johnny Shearman, chief operating officer, Keidan Harrison LLP

Johnny Shearman is chief operating officer and of counsel at Keidan Harrison LLP. He is ranked as a ‘Recommended Lawyer’ for banking litigation in The Legal 500 and has worked on some of the highest profile cases in the country including those featured in The Lawyer’s ‘Top 20 Cases of the Year’. Johnny is well known in the market as being an advocate for innovation in the legal sector and he is widely published in the legal press commenting on civil procedure and legal developments. He is co-author of International E-Discovery: A Global Handbook of Law and Technology and he is also an elected member of The Law Society Council.

Fiona Huntriss, partner, Pallas Partners LLP

Focusing on litigation and broader disputes strategies, Fiona’s portfolio encompasses high-profile finance litigation, restructuring and insolvency-related litigation, commercial litigation, shareholder disputes and sovereign debt disputes. She frequently litigates both before the English Courts and other fora, in complex, multi-jurisdictional and novel situations. Fiona also has a strong advisory practice working with clients to understand litigation risk and develop litigation strategies ahead of time.

Fiona’s sharp litigation skills combined with commercial nous has resulted in a strong track record in her cases. She has successfully represented numerous bondholder and lender groups in English litigation, as well as in contentious restructurings. Fiona also has a prolific record in commercial litigations before the English High Court, Court of Appeal and Supreme Court.

Fiona is ranked as a ‘Leading Individual’ for banking litigation in Chambers 2022, and a ‘Next Generation Partner’ for banking litigation and commercial litigation in The Legal 500 2022.

Das Deba, partner, Freshfield Bruckhaus Deringer

Deba is a partner in Freshfield’s EU disputes team, specialising in antitrust litigation, commercial public law (including Brexit-related work), and business and human rights.

His practice spans the full range of antitrust investigations and litigation work: he has acted for clients across the telecommunications, transportation, financial services and industrial sectors in antitrust litigation before the English High Court and UK Competition Appeal Tribunal, including follow-on damages litigation and contentious regulatory disputes; conducted domestic and EU appeals regarding competition regulatory decisions; and has also co-ordinated multi-jurisdictional cartel investigations and associated immunity/leniency applications.

His commercial and EU public law practice encompasses judicial review of UK and EU administrative and regulatory decisions, including Brexit-related matters in the English High Court, and appearances before the European Court of Justice on competition, trade and international law matters, including industry challenges to EU legislation, and the European Court of Human Rights on right to property cases.

He has acted pro bono for clients including the British Red Cross, JUSTICE and the AIRE Centre before the UK Supreme Court and the European Court of Justice on matters concerning EU free movement, equalities law and rights of the child.

He has been ranked as a future leader in competition law by Who’s Who Legal since 2017, and was listed in The Lawyer’s UK Hot 100 in 2020 for leading Eurotunnel’s high profile challenge to aspects of the UK Government’s Brexit contingency planning.

Deba co-edits Freshfields business and human rights blog as part of the firm’s sustainability practice.

David Gallagher, founding partner, Geradin Partners

David is counsel at Geradin Partners.

Prior to Geradin Partners, David was director of litigation funding at Harbour Litigation Funding. At Harbour David worked on the second opt-out case to be certified by the UK’s Competition Appeal Tribunal (Justin Le Patourel v BT plc). He also advised on competition damages actions funded by Harbour as well as cases in other areas of law such as employment, intellectual property and fraud.

From 2017 to 2019 David was assistant legal director at the UK Competition and Markets Authority (CMA).

David trained and spent the first seven years of his career at Freshfields where he worked on a wide range of Article 101, Article 102 and merger control matters.

Sarah Houghton, partner, head of competition, Mishcon de Reya

Sarah Houghton is the head of competition at Mishcon de Reya LLP.

Sarah has particular experience acting for claimants in complex and high-profile cases involving competition law based claims or defences. Sarah has represented clients in leading competition damages claims in the English Courts and arbitrations.

As well as representing a number of large corporate clients in their claims, Sarah currently represents Justin Le Patourel, the class representative in an opt-out collective action in the Competition Appeal Tribunal against BT for abuse of its dominant position in the supply of landline services. She is recommended for claimant competition litigation by The Legal 500 and Chambers & Partners.

Paul Burton, director of advanced technologies, Epiq

Paul Burton is a director of advanced rechnologies, at Epiq. Paul is based in London, where he has overseen Epiq’s EMEA Technology Assisted Review (TAR) and analytics capabilities for the past four years. He has managed numerous projects containing large volumes of database records and large-scale document reviews. Paul has over twelve years of experience in eDisclosure and data analytics while working on the forensics technology teams at PwC. He has an MSc from the University of Essex.

Niall MacDonald, partner, Appleby

Niall MacDonald is a dispute resolution partner at Appleby and is based in their Jersey office. He has a broad commercial practice, both as an advocate and in an advisory context, and acts predominantly for financial services businesses. He is particularly accustomed to dealing with multi-jurisdictional cases, often involving trusts and asset-recovery. He relocated to Jersey in 2008 from Edinburgh where he trained and worked with Maclay Murray & Spens (now Dentons) as a Scottish solicitor for five years.

Paul Burton, director advanced technologies, Epiq

Paul Burton is a Director of Advanced Technologies, at Epiq. Paul is based in London, where he has overseen Epiq’s EMEA Technology Assisted Review (TAR) and analytics capabilities for the past four years. He has managed numerous projects containing large volumes of database records and large-scale document reviews. Paul has over twelve year of experience in eDisclosure and data analytics while working on the forensics technology teams at PwC. M.Sc., University of Essex.

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