Kennedys > Hamilton, Bermuda > Firm Profile

Kennedys Offices

Kennedys
1 Church Street, Third Floor
Hamilton HM 11
Bermuda
Visit website 441 296 9276

Kennedys > The Legal 500 Rankings

Bermuda > Dispute resolution Tier 2

Recognised for its ‘international footprint and robust local insurance practice’, the Kennedys team adeptly manages a wide spectrum of high-stakes, complex disputes spanning contractual, insurance, finance, investment fund, shareholder, and multi-jurisdictional insolvency claims. Leading the practice is Mark Chudleigh, who is renowned for his work in international arbitration and high-value insurance claims, with support from Nick Miles, who is an expert in insolvency and restructuring affairs. The team’s ‘future star’, newly promoted partner Laura Williamson, further bolsters its strength, leveraging her expertise in insurance arbitration and professional liability cases. The team is also fortified by associates David Thom and Alexandra Miller, as well as special counsel Erik Penz; all have extensive experience in managing complex contentious matters, particularly within the insurance, construction and professional services sectors.

Practice head(s):

Mark Chudleigh

Other key lawyers:

Erik Penz; Laura Williamson; David Thom; Nick Miles; Alexandra Miller

Testimonials

‘The team is knowledgeable and thoughtful and has a practical approach to solving problems.’

‘Mark Chudleigh is excellent. He has great knowledge of the law, the optics and the players in almost any scenario.’

‘Mark Chudleigh is a phenomenal litigator with a varied practice and a firm grip on insurance and reinsurance issues. He also arbitrates, which gives him additional exposure to disputes and the inner workings of arbitration panels. Nick Miles is a great attorney who I rely on for regulatory counsel.’

‘There are no comparable firms in Bermuda that have an international footprint and a robust local insurance practice.’

‘We have been working with Mark Chudleigh and his team at Kennedys on a couple of very large-scale cross border matters and we find them extremely collaborative and easy to work with. They have an excellent grasp of both the technical and procedural aspects of Bermuda law, and they are also finely attuned to what is happening on the ground in Bermuda as it pertains to the litigation scene and the legal scene more broadly.’

‘We consider Mark Chudleigh a “go-to” litigator in Bermuda. Nobody has more quality litigation experience. He is deeply plugged into Bermuda and those who practice law there. A very safe pair of hands, whom we respect very much for his tactical astuteness. We also work with Laura Williamson who has recently been made up and who we think very highly of. We think she is a future star in in Bermuda.’

‘We work with David Thom who we think should be noted as an ‘associate to watch’. He is extremely diligent and hardworking, but also gets across complex issues quickly and is someone who we have full faith in in discussing complicated matters with clients. We have also had useful and helpful input from Erik Penz, who has advised us on some really technical matters and whose input has been highly valuable.’

‘Erik Penz provides meticulous attention to detail. Mark Chudleigh exercises sound judgment and makes thoughtful recommendations to help steer a matter.’

Key clients

Fullsun International Holdings Group Co. Ltd.

Alpine Global Management LLC and associated Alpine entities

Athos Asia Event Driven Master Fund and associated Athos entities

Whitefort Capital Inc.

Norges Bank

Wakefield Securities LLC and associated Elliott entities

FourWorld Event Opportunities LP and associated FourWorld entities

Work highlights

  • Representing Terra Law in a claim arising out of a high-profile failed property development project.
  • Represented the “protector” of the $7–9bn trust settled by a US billionaire in a significant dispute before the Supreme Court and the Court of Appeal of Bermuda. This matter arose out a high-profile tax-evasion scheme.
  • Representing 65 clients, former minority shareholders whose shares in the conglomerate, Jardine Strategic Holdings Ltd, were compulsorily purchased by the majority shareholder.

Bermuda > Insurance/reinsurance Tier 2

The team at Kennedys adeptly manages a comprehensive spectrum of both contentious and non-contentious matters, representing insurers, reinsurers, captive insurance companies and their insured clients. Mark Chudleigh co-leads the practice alongside Nick Miles, who is recognised as a ‘stellar regulatory lawyer‘ whose expertise spans public company mergers and economic substance regulations. Laura Williamson adds further depth to the team with her proficiency in handling professional liability claims, director’s liability matters, complex insurance arbitrations, and multi-jurisdictional cases. Other notable contacts within the firm also encompass special counsel Erik Penz, who acts in contentious insurance matters; senior associate Nicolas Champ, who is a specialist in corporate insurance; and associates David Thom and Alexandra Miller.

Practice head(s):

Mark Chudleigh; Nick Miles

Other key lawyers:

Laura Williamson; Erik Penz; Nicolas Champ; David Thom; Alexandra Miller

Testimonials

‘The Bermuda team provided invaluable local knowledge and broader advice on a technical claims problem with an impressive level of communication and understanding of my needs.’

‘I have worked with Erik Penz and Mark Chudleigh. Each possesses the requisite knowledge, experience and litigation skills necessary to provide strategic, common sense and sound legal advice.’

‘Nick Miles is a stellar regulatory lawyer.’

‘We have worked with Kennedys Bermuda offices for many years now. They have been very additive in terms of structuring a transaction and adding value beyond the typical scope.’

‘Eric Penz and Mark Chudleigh provided me with the advice. They understood exactly what I needed and were able to pivot when required. There was a great deal of information to digest, which they did quickly and were able to translate to me in good time.’

‘Eric Penz responds quickly and was very good at coordinating the work with other attorneys on the claim.’

‘Laura Williamson is outstanding. She’s smart, responsive and incredibly hard-working.’

Key clients

Swiss Reinsurance Company

Chubb Insurance

SiriusPoint Insurance Bermuda

Aviva

Arch Reinsurance Ltd.

Allied World Insurance Company

AIG

Markel Bermuda Ltd

Securis ILS Management

National Westminster Bank plc

Work highlights

  • Acting as Bermuda Counsel to long-term insurer CICA LIFE, LTD. on all aspects of a long-term business transfer scheme to transfer its entire life book to an affiliate insurer in Puerto Rico.
  • Acting as Bermuda representatives for Travelers in connection with all claims notified under Travelers’ Bermuda programmes for “punitive wrap” insurance coverage.
  • Serving as Bermuda Counsel to Arch Reinsurance in connection with the acquisition of a minority interest in Helix Underwriting Ltd., a Bermuda insurance agent.

Kennedys > Firm Profile

Our Firm

The Bermuda office of the Global Firm Kennedys  is one of the leading commercial law firms in Bermuda.

Our insurance and dispute resolution partners have extensive experience advising clients on some of the largest and most complex legal issues facing insurers, reinsurers, banks, investment funds, trustees, companies, shareholders and financial and professional service providers.

Our corporate and finance partners have been involved in some of the most complex and ground-breaking transactions in Bermuda, regularly advising banks, insurers, other financial institutions, borrowers and overseas and domestic investors on all aspects of their businesses.

Our insolvency and regulatory teams also advise on a wide range of domestic and cross border insolvency procedures, restructurings and corporate reorganisations.

Our global reach as part of Kennedys, our local and international experience, and our deep sector knowledge ensure that our lawyers have an extensive understanding of the global and local issues facing our clients.

Our Practice

We advise on both contentious and non-contentious corporate, commercial and finance matters affecting, among others, insurers and reinsurers, banks, trustees and beneficiaries, insolvency practitioners and creditors, investment funds,  financial and professional service providers, regulated and unregulated companies and their investors and lenders. We are highly experienced both in advising and representing clients in a range of contentious and non-contentious matters.

Insurance and Reinsurance

Our specialist insurance and reinsurance practice is one of only a small number in Bermuda able to offer dedicated expert advice and representation on both contentious and non-contentious matters across multiple product lines and business structures.

On the non-contentious side, our corporate insurance team has assisted insurers, reinsurers and intermediaries, their owners and lenders with licensing, mergers and acquisitions, re-domestications, business transfers and capital-raising exercises, both private and public. They have also helped clients establish collateralised insurance structures in Bermuda for use in ILS transactions and have advised on a number of complex insurance and reinsurance deal structures both in the long-term (life and annuity) and general (P&C) business sectors.

The team is also expert in advising on all aspects of Bermuda regulation of insurance business. They frequently advise clients on capital treatment, acquisition of and investment in subsidiaries and the use of reinsurance to provide capital relief. The team also advises insurer clients on a range of compliance matters such as AML/ATF, CRS, economic substance, personal information protection, ABAC and code of conduct issues.  We also represent licensed entities and their directors and officers in relation to regulatory investigations and enforcement actions.

On the claims and contentious side of our insurance practice, we advise and represent clients in coverage, litigation and arbitration matters across almost all classes of business, including general liability (including the “Bermuda Form”), professional liability, directors’ and officers’ liability, employment practices liability, financial institutions, product liability, Industry Loss Warranties, Insurance Linked Securities, captive insurance programmes, property, life insurance and other classes of long-term business, environmental liability, construction, and marine .

We offer a “one stop” service for insurance and reinsurance arbitration work, including arbitrations seated or held in Bermuda, London, Toronto, the United States and elsewhere. We are in a unique position to offer clients access to Kennedys’ global network and highly specialist insurance teams in London, New York, and throughout North America, Latin America and the Caribbean, Europe, the Middle East and Asia.

Our team also offers unique specialist expertise advising and acting on Offshore Professional Risks, involving claims in offshore jurisdictions (including Bermuda, the Cayman Islands and British Virgin Islands) relating to directors,  trustees, fiduciaries, corporate service providers, lawyers, accountants, fund managers and administrators, auditors, insolvency practitioners, financial institutions, insurance brokers, captive managers, architects, building professionals, and medical professionals.

Dispute Resolution and Restructuring

We have appeared in some of the largest and most complex commercial disputes before the Supreme Court of Bermuda, as well as conducting appeals before the Court of Appeal for Bermuda and the Privy Council in London.

We act for both plaintiffs and defendants in a broad range of commercial disputes in the Bermuda courts and through arbitration. This includes acting in corporate disputes, including shareholder disputes, claims involving company directors, partnership disputes, claims by beneficiaries and against trustees, insolvency disputes (representing both insolvency practitioners and creditors), breach of confidence disputes, and claims against professionals among others.

We have experience dealing with applications for injunctive and other urgent relief, including freezing injunctions, anti-suit injunctions, and provisional liquidation appointments. We are also regularly involved in asset tracing and asset recovery proceedings, contested winding-up petitions, minority shareholder petitions, merger appraisal litigation and corporate governance disputes, as well as applications for the enforcement of foreign judgments and arbitration awards, and for the production of evidence for use in foreign proceedings.

We also advise and represent creditors, liquidators, debtor companies and contributories in a broad range of insolvency and restructuring matters.

Corporate, Finance and Real Estate

We regularly advise clients in connection with a wide range of corporate, commercial and banking transactions and large scale infrastructure projects, including mergers and amalgamations, re-domestications, public and private offers of securities, lending and security, shareholders agreements, amendments and restatements of bye-laws, partnership agreements and acquisitions and disposals of shares and businesses. Our lawyers have been involved in a number of ground-breaking matters, including Bermuda’s first PPP project and Bermuda’s first industrial scale solar project. Our clients include banks, insurers, developers, trading companies, professional service companies, unregulated companies and their investors and lenders.

Our services also encompass real estate and trusts matters. Our lawyers regularly advise developers, investors and funders on all aspects of project finance, real estate development and infrastructure projects with particular experience in the hospitality and leisure sector.

Main Contacts

Department Name Email Telephone
Insurance and Reinsurance Mark Chudleigh mark.chudleigh@kennedyslaw.com +1 441 278 7160

Lawyer Profiles

Photo Name Position Profile
Simon Benedek photo Simon Benedek Simon is a partner in Kennedys’ Bermuda office and has a wealth… View Profile
Ciara Brady photo Ciara Brady Ciara is a senior associate in Kennedys Bermuda office. She advises public… View Profile
Nicolas Champ photo Nicolas Champ Nicolas is a senior associate in Kennedys’ Bermuda office whose practice encompasses… View Profile
Mark Chudleigh photo Mr Mark Chudleigh Mark is the lead partner of our Bermuda office and specialises in… View Profile
Nick Miles photo Mr Nick Miles Nick is a partner in Kennedys’ Bermuda office whose practice encompasses insurance… View Profile
Erik Penz photo Erik Penz Erik Penz is Special Counsel practising commercial disputes in Bermuda. View Profile
David Thom photo David Thom David is a Senior Associate in Kennedys Bermuda office and a member… View Profile
Laura Williamson photo Laura Williamson Laura is a partner in Kennedys’ Bermuda office and a member of… View Profile

Staff Figures

Number of lawyers : 11

Diversity/Community


DIVERSITY AT KENNEDYS

As a growing global law firm, attracting and retaining talent from a variety of different backgrounds has allowed us to develop a distinct culture that we are proud of.

We are committed to promoting equality and diversity at Kennedys. Our principles of non-discrimination and equality of opportunity apply not only to our employees, but also to the way we treat our visitors, clients, customers and suppliers.

Demonstrating our commitment, we were proud to be the global gold-level partners of the Dive In festival for the first time in 2018. Dive In is a multi-award winning festival for diversity and inclusion in insurance run by Inclusion@Lloyd’s, a cross market collaboration of C-suite executives and industry associations driving the strategic push for greater diversity in the Lloyd’s market.

Our equality and diversity policy

We support our workplace and clients by following our equality and diversity policy. Our policy covers:

  • Discrimination
  • Recruitment and selection
  • Training and promotion
  • Termination of employment
  • Treating outside parties
  • Monitoring
  • Disabled employees.

Everyone at Kennedys has a duty to act in accordance with our equality and diversity policy. They must treat others with dignity at all times, and not discriminate against or harass job applicants or other employees regardless of their status.

Discrimination

Discrimination is prohibited on the basis of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation.

Recruitment and selection

Job applicants do not suffer discrimination, job selection criteria are regularly reviewed to ensure they are relevant to the job, and short listing of applicants is completed by more than one person.

Training and promotion

Training needs are identified through regular reviews. All promotion decisions will be made on the basis of merit.

Termination of employment

Any disciplinary procedures and penalties are applied without discrimination and redundancy criterion and procedures are fair and objective.

Treating outside parties

Kennedys is free to accept instruction from any particular client and refusal to act will not be based on any protected characteristics. Lawyers will be instructed based on their skills, experience and ability.

Monitoring

Workforce composition is monitored at all levels to ensure equality of opportunity across the firm. Where appropriate, steps will be taken to identify and remove unjustified barriers.

Disabled employees

Those with a disability will be treated fairly and reasonable adjustments to the workplace, or job content, will be made to ensure that an employee with a disability is not disadvantaged.