The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

McCann FitzGerald

RIVERSIDE ONE, SIR JOHN ROGERSON'S QUAY, DUBLIN 2, IRELAND
Tel:
Work +353 1 829 0000
Fax:
Fax +353 1 829 0010
DX:
31 DUBLIN
Email:
Web:
www.mccannfitzgerald.com
Brussels, Dublin, London, New York

Roddy Bourke

Tel:
Work +353 1 607 1315
Email:
McCann FitzGerald

Work Department

Commercial Disputes, Insurance, Intellectual Property, Product Liability, Dispute Resolution & Litigation

Position

Roddy’s practice includes: commercial disputes, including international and jurisdictional issues defending product liability claims in respect of pharmaceuticals, medical devices and consumer products; product recall and safety patent and other IP disputes insurance policy interpretation, and representing insureds and insurers in D&O, commercial indemnity and other disputes Roddy Bourke has chaired the Law Society's Litigation Committee and Arbitration/Mediation Committee and is an active member of the International Association of Defense Counsel.

Career

Admitted 1985 (Ireland), admitted 1991 (England and Wales).

Education

Graduate of University of Limerick (BBS); Queen Mary College, London (LLM); Post Graduate Diploma EU Competition Law.


Ireland

Dispute resolution

Within: Dispute resolution

McCann FitzGerald's practice is 'highly collaborative and creative in its strategic approach to arguments'. In a stand-out piece of litigation work, team head Terence McCrann, Karyn Harty, Megan Hooper and Sean Barton are acting for Independent News and Media in proceedings stemming from a whistleblower report made in November 2016. The team also includes Audrey Byrne and Michael Coonan ('both exceptionally bright, insightful lawyers'), Helen Kilroy and Roddy Bourke.

[back to top]

Healthcare and life sciences

Within: Healthcare and life sciences

McCann FitzGerald's strengths in the life sciences sector lie in product liability and IP matters. Practice head Roddy Bourke is acting for German pharmaceutical company Grunenthal in a matter concerning claims relating to the thalidomide drug and is acting for GlaxoSmithKline in a series of claims stemming from the swine flu vaccination. IP expert Fiona O’Beirne is acting for originator pharmaceutical group Gilead in two Commercial Court actions brought against generics companies. David Lydon and newly promoted partner Shane O’Brien are also noted.

[back to top]

Insurance

Within: Insurance

McCann FitzGerald’s Darragh Murphy, who leads the firm’s non-contentious practice dealing with regulatory and transactional matters, and Paul Heffernan are assisting Generali with the restructuring of its business, acting on the sale of sections of the Generali Group’s pan-European life insurance business as well as on the sale of Generali PanEurope. On the disputes side, Roddy Bourke leads the team, which exhibits particular strength in matters relating to policy interpretation and coverage issues. Helen Kilroy handled a number of professional negligence claims, including for AIG. David Hurley is the other name to note.

[back to top]


Back to index

Legal Developments by:
McCann FitzGerald

Legal Developments in Ireland

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • LANDWELL Bulletin: Managing in a Downturn

    As we are all well aware this is the most turbulent climate for business both nationally and internationally, that any of us have experienced. We have therefore focused this bulletin on areas where we believe we can help you take decisive steps to manage the issues that are required to get through the downturn and be properly prepared for the future.
  • The Companies (Amendment) Act 2009

    The Companies (Amendment) Act, 2009 (the “Act”) was signed into law on 12 July 2009. The Act provides for signifi cant changes to company law compliance and enforcement. It gives increased powers of search and seizure to the Offi ce of the Director of Corporate Enforcement (“ODCE”) and expands disclosure obligations with regard to transactions between a company and its directors (including specifi c changes for licensed banks). The Act also relaxes the requirement that at least one director of an Irish company must be resident in the State.
  • New Rules for Acquiring Transactions in the Financial Sector

    In line with EU-mandated requirements, Ireland has introduced new rules governing acquisitions, in whole or in part, of certain regulated financial institutions.
  • Irish Merger Control: Review of Key Developments in 2008

    A 47% Year-on-Year Drop in the Number of Deals Notified: Reflecting the global decline in merger activity, the number of deals notified to the Competition Authority fell to 38 in 2008, a 47% decrease from 2007, when 72 deals were notified, and a more than 60% decrease from the 2006 peak of 98 notified deals.
  • European Communities (Takeover Bids (Directive 2004/25/EC)) Regulations 2006

    The EU Takeovers Directive (2004/25/EC) (the “Takeovers Directive”) has been transposed into Irish law by the European Communities (Takeover Bids (Directive 2004/25/EC)) Regulations, 2006 (S. I. No. 255 of 2006) (the “Takeovers Regulations”). The stated aim of the Takeovers Directive is to strengthen the Single Market in financial services by facilitating cross-border restructuring and enhancing minority shareholder protection. Many of the provisions of the Directive are already contained in the existing Irish regime for the supervision of takeovers set out in the Irish Takeover Panel Act, 1997 (the “Act”), the Takeover Rules, 2001 (the “Rules”) and the Companies Acts 1963 – 2005, which will continue to apply. The Takeovers Regulations cater for those areas not already dealt with in the existing regime or areas of the regime that needed to be adjusted as a result of the requirements of the Takeovers Directive.
  • Establishing a Retail Fund in Ireland for sale in Japan Fund Structures and Features

    The issuing of securities of offshore funds for public sale into Japan is governed by a combination of the Securities and Exchange Law of Japan (the "SEL") which is enforced by the Japanese Ministry of Finance ("MOF"), the Law Concerning Investment Trust and Investment Company of Japan (the "Investment Funds Law") which is enforced by the Financial Services Agency of Japan ("FSA").Establishing a Retail Fund in Ireland for sale in Japan Fund Structures and Features
  • Equality before the Law

    Employment Equality legislation in Ireland is to be found in the Employment Equality Act 1998 as amended by the Equality Act 2004. This legislation is extremely detailed but in effect makes it unlawful for employers to discriminate against a person on the basis of gender, marital status, family status, sexual orientation, religion, age, disability, race, and membership of the traveller community. These are referred to as the “discriminatory grounds”.
  • Enforcement of Foreign Judgments in Ireland

    The enforcement of judgments between the EU member states is regulated by the Brussels I Regulation (44/2001, OJL 12/1, 16 January 2001) (“the Regulation”). On the 22nd December 2000, the European Council agreed the Regulation to replace the Brussels Convention on Jurisdiction and Enforcement of Judgments 1968 (“the Brussels Convention”). The purpose of the Regulation was to bring the law contained in the Brussels Convention into the main body of EC Law. The Regulation was implemented in Ireland by Statutory Instrument 52 of 2002, European Communities (Civil and Commercial Judgments) Regulations 2002, which came into force on the 1st March 2002.
  • E-Discovery

    Unlike the United States, which is leading the way in relation to e-discovery and where the disclosure of electronic data has become standard procedure, as of yet there is no standard protocol or practice direction issued in relation to e-discovery in Ireland. Despite this fact, Irish lawyers are beginning to appreciate the invaluable nature of electronic data which can be retrieved and used in commercial litigation.
  • Disclosure Requirements with respect to Company Particulars

    Directive 2003/58/EC amending Directive 68/151/EEC (the “First Disclosure Directive”) became effective on 1st April, 2007 having been transposed into Irish law by the European Communities (Companies) (Amendment) Regulations 2007 (S.I. No. 49 of 2007) (the “Regulations”).