Herbert Smith Freehills > New York, United States > Firm Profile

Herbert Smith Freehills Offices

Herbert Smith Freehills
450 LEXINGTON AVENUE
NEW YORK, NY 10017
NEW YORK
United States
Visit website 1 917 542 7600

Herbert Smith Freehills > The Legal 500 Rankings

Dispute resolution > Product liability, mass tort and class action - defense: consumer products (including tobacco) Tier 2

Drawing upon ‘strong legal acumen and commerciality’ throughout the ranks of partners and associates within its New York-based product liability team, Herbert Smith Freehills provides ‘practical and timely advice’ to clients seeking defense in high-stakes class actions, as well as in the context of non-contentious and contentious regulatory mandates. Led by ‘deeply experienced mass torts lawyer’ Gregory Loss, much of the work handled by the team has a cross-border angle, including in its role as international counsel to British American Tobacco across a range of litigation and regulatory matters. Much of this relates to healthcare recoupment suits initiated in a range of countries, including Brazil, Canada and South Korea, work which the ‘whip smart’ Benjamin Rubinstein and the ‘excellent’ Joseph Falcone  also have pivotal roles. Rubinstein is also noted for his ability to work effectively with scientific and economic experts, a trait which manifests itself in the tobacco space, as well as in relation to his niche expertise on climate-change related matters.

Practice head(s):

Gregory Loss

Other key lawyers:

Benjamin Rubinstein; Joseph Falcone; Maxwell Herman

Testimonials

‘The strong legal acumen and commerciality of the team allows it to provide practical and timely advice with a solid basis in law.’

‘From partners to associates, the team are knowledge about the issues and dedicated to client service.’

‘Gregory Loss has a wealth of experience built over the years.’

‘Gregory Loss is a deeply experienced mass torts lawyer. He is a deep and creative thinker who is just as comfortable and effective in court as he is advising in a boardroom.’

‘Benjamin Rubinstein is whip smart and particularly effective working up scientific and economic experts and handling those issues in briefing and court.’

‘Joseph Falcone is an excellent member of the team.’

‘Maxwell Herman is quickly developing his legal prowess and instincts.’

Key clients

British American Tobacco

Samsung SDI Co., Ltd.

Eni SpA

Work highlights

  • Advising BAT and Souza Cruz in the defense of a healthcare cost recoupment lawsuit filed in 2019 by the Federal Government of Brazil, as well as advising Souza Cruz in numerous individual product liability suits.
  • Advising BAT Korea in connection with an action brought by the Korean National Health Insurance Service (NHIS) seeking to recoup healthcare costs that NHIS alleges were expended to treat Korean citizens who developed certain smoking-related illnesses.
  • Advising Samsung SDI Co., Ltd. on national co-ordination of lawsuits in state and federal courts across the US alleging product defects in lithium ion batteries in order to ensure efficient, repeat wins, frequently on the pleadings, and a cohesive global strategy.

Dispute resolution > International arbitration Tier 4

Noted for its 'excellent breadth of talent and experience in the investor-state arbitration space', Herbert Smith Freehills also handles a significant volume of high-stakes commercial arbitration cases. Forming a key part of the firm's thriving global arbitration practice, the New York-based team likewise leverages the wider firm's strong reputation in the energy and construction spheres. US practice head Christian Leathley additionally leads the Latin America group and is recognized for his expertise in both commercial and investment arbitration, particularly in the energy, infrastructure and mining sectors. Amal Bouchenaki, commended for her 'multilingual, multicultural and multi-jurisdictional expertise', also advises on an array of international commercial and investor-state cases.

Practice head(s):

Christian Leathley; Amal Bouchenaki

Other key lawyers:

Florencia Villaggi

Testimonials

‘Herbert Smith Freehill’s international arbitration practice in New York has an excellent breadth of talent and experience in the investor-state arbitration space. This expertise, coupled with client sensitive case management and billing practices, is a breath of fresh air when compared to other large firms.’

‘Herbert Smith Freehills provide a comprehensive budget estimate for their work at the beginning of a project and a very useful client dashboard to monitor progress and allow access to key documents etc as the case progresses, which I find to be a very useful tool.’

‘Amal Bouchenaki is a thorough and thoughtful practitioner who is always willing to go the extra mile to do her best for her clients. Her multilingual, multicultural and multi-jurisdictional expertise is a key advantage in the international arbitration space, both commercial and investor-state.‘

Key clients

Andes Petroleum Ecuador Ltd (“Andes”)

Chevron Corporation

Republic of Italy

Work highlights

  • Represented Andes Petroleum Ecuador in an arbitration in which Andes recovered its 40% share of a $1bn arbitral award from Occidental Exploration and Production Company.
  • Represented Chevron Corporation in its defense against an $18bn sham arbitral award issued against Chevron and Saudi Aramco by a corrupt arbitration center in Egypt.
  • Represented the Republic of Italy in relation to two enforcement actions in the US courts.

Latin America: International firms > International arbitration Tier 2

A genuinely global player in international arbitration, Herbert Smith Freehills' Latin America group is spread across multiple offices - including Frankfurt, Hong Kong and Tokyo - but is primarily led from New York, London, Madrid and Paris. Some 20-lawyers' strong, the practice houses an array of specialists with a sharp focus on the region, many of whom are bilingual and/or native Spanish/Portuguese speakers, and either dual-qualified or licensed to practice in Latin American jurisdictions. With impressive capabilities in both common and civil law, the practice also demonstrates a balance between investment and commercial arbitration, and represents big-name multinationals along with a group of sovereign states. Its headline cases include public international law matters and investment treaty arbitration, with energy and infrastructure being core areas of expertise for the team, along with telecoms and financial services. Heading up the Latin America Group, the deeply experienced Christian Leathley (‘brilliant advocacy and technical legal acumen’) is very much the motor of the arbitral practice and leads the team on the majority of its Latin America disputes' mandates; he relocated to the London office -from New York- in August 2023, but remains US head of international arbitration. Paris-based Thierry Tomasi (‘an excellent lawyer, certainly one of the best within the firm’) brings senior level Portuguese capabilities to the group; he has a fine record in Brazil-related cases. Further senior fire-power is provided by multilingual, Paris and California-qualified Amal Bouchenaki in the New York office, which also houses the bulk of the Latin America-focused associate team - namely seniors Benjamin Guthrie and (Ecuadorian-qualified) Daniela Páez-Salgado, along with Argentina-qualified Lucila Marchini and Chilean-qualified Carlos Hafemann who arrived as a visiting attorney in August 2022.

Practice head(s):

Christian Leathley; Edward Dougherty

Testimonials

‘I have experienced the team’s work in several cases in Brazil. The partners and associates which I worked with were from Paris, perfectly Portuguese speaking and very efficient. I think that there are very few firms with this ability.’

‘Thierry Tomasi, head of the arbitration practice is an excellent lawyer, certainly one of the best within the firm.’

‘Christian Leathley: brilliant advocacy and technical legal acumen.’

Key clients

Andes Petroleum

Work highlights

  • Represented Andes Petroleum Ecuador in recovering its 40% share of a $1.06bn arbitral award from Occidental Exploration and Production Company.

Latin America: International firms > Banking and finance Tier 3

At Herbert Smith Freehills, London-based partner William Breeze’s Latin America banking and finance practice is principally centred on energy, infrastructure and mining financings. Indeed, the firm has a track record in oil-and-gas-sector financings (particularly in Brazil), and has gradually developed a significant presence in Chile’s mining sector. Moreover, it is increasingly recognised for energy-transition transactions, with Argentina, Brazil, Chile and Colombia all among its primary markets. The practice represents a range of lenders and borrowers, has developed particular expertise in advising various Asian lenders on Latin America loans, and has also has cemented a strong connection with the IFC. Edward Dougherty is co-head of the Latin America group and leads the project finance group in New York; he to is particularly well known for his expertise in oil and gas financings.

Practice head(s):

Edward Dougherty

Latin America: International firms > Projects and energy Tier 3

Herbert Smith Freehills has a healthy Latin America projects and energy practice, driven primarily by its New York and London offices. The team is noted for its expertise in energy and mining, particularly in Brazil, Colombia, Argentina and Chile. The firm is also building its presence in energy transition and desalination projects, and generally enjoys a growing reputation in the region through its burgeoning relationship with IFC. Edward Dougherty is co-head of the Latin America group and leads the project finance group in New York. Along with team members in New York and London, Melbourne partner Juan-José Zentner has a major focus on Latin America’s mining sector, particularly in Chile, and is a leading figure in project development and engineering, procurement and construction (EPC) agreements. London partner William Breeze is active in Brazil oil and gas, and offshore financings.

Practice head(s):

Edward Dougherty; Juan-José Zentner

Key clients

Mercuria Energy Trading

Mercuria

China Development Bank

BTG Pactual (Centro de Imagens e Diagnósticos)

IFC and ING

IFC and Nubank

Toesca Infraestructura II Fondo de Inversión

STOA Infra & Energy

Work highlights

  • Advised the Puerto Antioquia Project sponsors in connection with all aspects of the mezzanine financing provided by GIP Caps Antioquia Luxco for the development of the project.
  • Advised IFC on the New York law governed $150m A/B loan facility for Nubank Colombia, guaranteed by its Cayman Islands-based parent holding company Nu Holdings.
  • Advised IFC on the English law governed $225m A/B loan facility and ING Bank on the English law governed $50m loan facility to the Louis Dreyfus Company for on-lending to farmers in Brazil, structured as green loans aimed at reducing deforestation in the Amazon and Cerrado biomes in Brazil.    

Latin America: International firms > Corporate and M&A Tier 5

Herbert Smith Freehills LLP has a considerable track record of energy, oil and gas, and mining transactions in Latin America. London partner Laura Hulett has advised on a multitude of cross-border hydrocarbons and renewables investments into Brazil, including Mercuria Energy Group’s debt and minority equity investments in international oil investment business Seacrest Petróleo to facilitate the company's acquisitions of the Cricare and Norte Capixaba onshore oil assets in Brazil. Hulett previously advised on a series of deals connected to Petrobras’s divestment programme. In New York, Edward Dougherty is best known for project finance, although he to has worked on a number of oil-and-gas M&A transactions in the region.

Herbert Smith Freehills > Firm Profile

Herbert Smith Freehills is one of the world’s leading law firms, bringing together the best people across 27 offices. The firm’s New York office comprises seasoned litigators, international arbitration specialists, project finance, and projects and infrastructure practitioners. The team’s experience is broad-based and encompasses a variety of sectors, with notable expertise in financial services, energy and consumer products.

The corporate crime, investigations and compliance team is experienced in all areas of law connected with bribery and corruption, fraud, money laundering, insider trading, cartels, and other types of white-collar crime. The firm’s lawyers act for corporate clients, financial institutions and senior management in respect of actions by law enforcement agencies across multiple jurisdictions. The team also has extensive experience in advising clients regarding compliance with US economic sanctions.

The firm’s international arbitration team consists of specialists qualified to practice in New York, England, France and Singapore, and has experience with all of the major international arbitration rules and seats. The team has extensive experience with investor-state arbitration representations, having advised both investors and governments in a number of high-profile, complex and sensitive investment treaty arbitrations. Additionally, the team provides high-quality legal advice on the most complex of commercial arbitrations under a broad spectrum of laws from both civil and common law systems and under the rules of all major institutions, as well as numerous ad hoc arbitrations.

The firm’s complex litigation team counsels clients on a wide variety of US and cross-border matters, including commercial disputes, class actions, consumer fraud, and product liability matters. Its lawyers have been at the forefront of product liability and consumer fraud litigation for decades. They have represented product manufacturers and sellers on a global basis, across a number of high-profile cases during all stages of litigation, from initial pleadings and discovery through trials and appeals. The team also defends multinational corporations in federal and state class actions, including consumer class actions grounded in statutory and common law theories of liability.

The New York office serves as the firm’s center of excellence for its Latin America practice, with a focus on disputes and major infrastructure projects in the energy, transport and mining sectors. The firm’s Latin America group comprises an experienced international team and includes native Spanish and Portuguese speakers and lawyers from Latin America who have worked in private practice, in-house and governmental institutions.

Staff Figures

Number of Partners : 11
Number of Other Fee-Earners : 28

Other

Managing Partner : Scott S Balber