LAWYERS WORLDWIDE AWARDS MAGAZINE GLOBAL LEADING LAWYERS 2017
Lawyers Worldwide Awards Magazine Lawyers Worldwide Awards is recognised all over the world for our comprehensive awards programs we run, taking votes from countries all over the world to recognise the most prestigious professionals in their specialised areas of practice. The 2017 Awards recognises a select number of leading professional firms around the world working both nationally and internationally in their field of expertise. Lawyers Worldwide Awards selects the best professional & financial institutions from around the world and showcases there work ethic and skills within their area of expertise. The Awards Magazine is aimed at not just the large corporations but the smaller companies of the advisory business sector. Lawyers Worldwide Awards is currently being read by Lawyers, Advisers, Consultants and corporate executives. We aim to showcase every company individually and to its full potential.
Lawyers Worldwide Awards Magazine Global Leading Lawyers 2017 Afschrift Tax Law Firm of the Year – Belgium Deep & Far Intellectual Property Law Firm of the Year – Taiwan DH Law Associates Mergers & Acquisitions Law Firm of the Year – India DOCONADE AUSTRALIA Immigration Law Firm of the Year – Australia Douglas Silas Solicitors Education Law Firm of the Year – UK EagleBank Bank Legal Department of the Year – USA Estudio Grispo & Asociados Corporate Law Firm of the year – Argentina Francis O Scarpulla Attorney At Law Competition: US Plaintiff- Law Firm of the Year Kather Augenstein Rechtsanwalte Intellectual Property Law Firm of the year – Germany Kemp IT Law IT Law Firm of the Year – UK Kemp Little Commercial Technology Law Firm of the Year – UK Lloyd Platt & Co Divorce Law Firm of the Year – UK
MLP Law Corporate Law Firm of the Year – UK Morales Justiniano Peña & Lumagui Banking & Finance Law Firm of the Year Muşat & Asociaţii Insolvency & Restructuring Law Firm of the Year – Romania Oberhammer Rechtsanwälte GmbH Corporate Immigration Lawyers of the Year – Austria OCCL Cost Consultancy Firm of the Year – UK Penkov, Markov and Partners Banking & Finance Law Firm of the Year – Bulgaria Quantum Immigration LLP Immigration Law Firm of the Year – UK Sadis & Goldeberg Overall Law Firm of the Year – USA The Entrepreneur Law Center, P.L. International Business Law Firm of the Year - USA
Intellectual Property Law Firm of the Year – Taiwan Deep & Far attorneys-at-law was founded in 1992 and is dealing with all phases of laws with a focus on the practice in separate or in combination of all aspects of intellectual property rights (IPRs) including patents, trademarks, copyrights, trade secrets, unfair competition, and/or licensing, counselling, litigation and/or transaction thereof. Yu-Li Tsai: Partner & Patent Attorney Practice area/industry focus: Intellectual Property, Unfair Competition, Litigation Career highlights: Mr Tsai is a patent attorney who holds a degree from the Department of Electrical Engineering and Master’s degree from the Graduate Institute of Communication Engineering, both awarded from the National Taiwan University. His practice covers patents, trademarks, copyright, trade secrets, unfair competition, licensing and litigation. Mr Tsai also studied and gained a Master’s degree from the Law School, University of New Hampshire, also known as Franklin Pierce Centre for Intellectual Property. Upon graduation, he worked for InterDigital, Inc. in Delaware for a short period and later studied and passed the US Patent Registration Examination. The patent attorneys and patent engineers in Deep & Far normally hold outstanding and advanced degrees and are generally graduated from the top five universities in this country. Our prominent staffs are dedicated to provide the best quality service in IPRs in this country. As a proof, about one half of top 100 incorporations in this country have experiences of seeking patented their techniques, but more than one fifth of the top 100 incorporations has ever used services of this firm. Furthermore, Hi-Tech companies in the science-based industrial park located at Hsin Chu had ever played the most important role in booming the economy of this country. About one half of them has experiences in seeking patented their techniques, and out of more than 60% of the patent-experienced companies in that park have ever entrusted their IPR works to this firm. Certainly, we must also represent international giants, e.g. InterDigital, MPS, Schott Glas, Toyo Ink, Motorola, Armani… It is our philosophy to provide competent legal services that other firm cannot comparably provide. The necessitated ensuing problem is how we can so provide? Deep & Far so achieve by selecting, edifying and nurturing peoples who have the following personalities: learned in expertise, morally earnest and sincerely behaved in mind and strictly disciplined between give and take. It is well-believed that such properties are key factors for peoples to properly and competently behave themselves. Deep & Far (D&F) is willing to take challenges to prove that it is the best IP firm, and to verify its supreme competence by e.g.:
1) Sending to D&F a pending or granted patent for its comments about how it can improve the claims; 2) Sending to D&F a pending patent specification without the claims for it to draft the claims for comparison with the original claims; or 3) Sending to D&F and the firm the client is currently using at the same time an initial disclosure so that the client can compare and find out where better claims are. Deep & Far assures the clients that no competitors can escape from the patent rights D&F safeguards for the clients at reasonable service fees. Because the tough economic downturn we are encountering in Taiwan, we are also encountering severe price competition. This situation also leads to that there are too many poor quality patents being granted because most enterprises do not have proper knowledge of the importance of patents. For example, they might only want to spend lower cost to file a patent application without considering the quality, or could not be alerted timely that narrow claims can protect their products of the current version only although there are reduced fees in responding to office actions. Therefore, the patent agents or firms of the enterprises sometimes cannot help but sacrificing the quality to keep profits under the limited budgets of the clients. Under such social environment, it is very hard to anticipate that the clients have strong patents, or the patent firms or attorneys can nurture the ability of drafting wonderful scope of the claims. Accordingly, it will not be surprised to find that there are some patent firms which cannot provide competent services but offer extreme low price to attract clients only caring about the price of filing a patent. This does also explain that there are poor quality patents being granted We persist in providing quality service rather than participating into the price war because we believe the Client will finally find the quality is the most important thing for intellectual property. If you sacrifice the quality and surrender to the price, you actually get negative return because .a poor quality IP is valueless. We did suffer a little last year in view of the reduced local generated works, but we see the situation began to change this year. This firm is used to focusing on IPR, and takes deliberate steps to practice in all fields of law. In recent year, we make progress in either general civil law, business law or criminal law fields. Contact Details 13th Fl., 27 Sec. 3, Chung San N. Rd., Taipei 104, Taiwan, R.O.C. ': 886-2-25856688 7: 886-2-25989900/25978989 Email: email@deepnfar.com.tw www.deepnfar.com.tw
Penkov, Markov & Partners is a leading Bulgarian law firm with years-long traditions and corporate culture, ensuring highest quality of legal service. With a team of over 50 lawyers – partners and associates, and office network covering the territory of the entire country, the firm is among the leaders in the provision of legal services in: Commercial & Company Law; Tax Law; Energy, Renewable Energy Resources and Natural Resources; Mergers and Acquisitions; Banking; Finance and Capital Markets; Privatization and Foreign Investments; Real Estate and Construction; Litigation and Arbitration; Pharmaceutical Law; IT, Media and Telecommunications; Securities; Labor and Insurance Law; Public Procurement; Concessions etc. The firm is a leader in the areas of corporate law, Mergers and Acquisitions. It has advised some landmark transactions, among which is the acquisition of the Bulgarian Telecommunication Company AD by AIG Capital Partners Inc. with a value of about EUR 1.8 billion. This is the biggest deal ever concluded in Bulgaria and the biggest deal of the year 2007 in Eastern Europe. Penkov, Markov & Partners has one of the most competent and experienced energy teams in Bulgaria and provides complex legal service to producers of renewable energy with capacity above 1800 MW which is about 50% of the projects of this kind developed in the country.
Specific areas of expertise
• Advisory Penkov, Markov & Partners is one of the leading law firms in Bulgaria, providing top quality legal service and legal representation. The rich track record of PM&P builds on the years-long corporate culture and traditions with full dedication to our clients and provision of high quality legal service in connection with the investment and business operations of each client. PM&P is qualified to render legal advice and support under Bulgarian law in most areas of law related to existence and operation of a commercial entity.
• Commercial PM&P provides comprehensive services to small and medium-sized enterprises as well as major international companies in all business areas. Our services cover the incorporation of companies, mergers and acquisitions, restructuring – all fields in which PM&P is one of the leading law firms. In recent times, operational and financial leasing as well as bankruptcy, investment management, antitrust and consumer protection, administrative regulations and licensing, public procurement and trademark protection have been playing an increasingly pivotal role in our activities. It is our practice
at PM&P to set up specialized teams comprising the best experts for every individual issue, capable of covering every possible aspect and, based upon their good knowledge of the client’s specific needs, of providing the kind of effective service that the client seeks.
• Competition Law
The competition protection policy is of paramount importance for Bulgaria and it was regulated by law immediately after the political changes in 1989. Due to the priority which the government gives to these issues, the domestic competition law had been harmonized with the acquis communautaire of the European Union (EU) long before Bulgaria acceded to the Union when its harmonization level was assessed as higher than that in some old Member States. After the EU accession and especially with the adoption of the existing Competition Protection Act (CPA) of 2008, the Bulgarian competition law became fully harmonized with the European standards with regard to concentrations, prohibited agreements between undertakings, concerted practices and the abuse of dominant position, while retaining some specific aspects of the treatment of unfair competition which is handled by the competition protection authorities, unlike some other European countries where these matters are examined in court. PM&P was among the first law offices in Bulgaria to specialize in the domain of competition law. It has been working on competition law cases of the first Competition Protection Commission (CPC) ever since the adoption of the earliest CPA of 1992. Over the years, the competition law group of the law firm has become a leading team in the country, which has been repeatedly recognized by the most prestigious law publications such as Chambers & Partners, Legal 500, PLC Which Lawyer? And others. The law firm has established its positions and authority in this sphere through its participation in a number of investment projects and investigations of competition authorities in all aspects of competition law such as global mergers like Hewlett-Packard/Compaq, BASF/Cyanamid, as well as the most important ones on the Bulgarian national market like the privatization and subsequent acquisitions of the Bulgarian telecom BTC AD, the restructuring of the cement market and others; in the investigations of cartel agreements and abuses by taking part in some major CPC investigations into the practices of retail trade chains, the association of cement producers and others, as well as investigations into the possible abuse of dominant position against worldwide known soft drink producers. PM&P has also gained substantial experience in handling unfair competition cases which, under the specific Bulgarian laws, fall within the remit of the competition authorities and are subject to the same penalties as cartel agreements, which make them particularly important to businesses.
• Corporate / Securities
As business life and citizens become more active, security and its enforcement become a major technique to protect creditors and to ensure debt recovery. The forms of security are diversified by the introduction of the legal figure of the special pledge which is introduced without delivery of the pledged assets and without any disturbance of the business operations of undertaking. This situation leads also to development of leasing arrangements and, especially, financial leasing agreements as a modern and flexible financing and refinancing scheme. We are proud to note that the list of our
clients features some of the most active first-rate leasing companies such as TBI Leasing, Interlease, HVB Leasing, Allianz Bulgaria Leasing, etc. Guided by its aspirations to set in-house performance standards, PM&P provides advice on the optimal structuring and carries out the actions to institute a huge number of security arrangements (warranties, mortgages, special and real pledges, debt cessions and others). Our team registered the first special pledges given by Storco to the benefit of the EBRD immediately after the adoption of the relevant legislation in 1996. PM&P is also a pioneer with the implementation of the rather complicated enforcement proceedings concerning Celhart, as a result of which we have succeeded in achieving recovery to two of the biggest international financial institutions, EBRD and IFC. We have repeatedly achieved rapid and effective settlement of the existing relations in the interests of all parties concerned without forcing the debtor into insolvency through balanced enforcement of security of various types, scope and privilege.
• Intellectual Property
The intellectual property rights protection, especially in the current stage of development of the Bulgarian economy, is of great importance for the creation and introduction of innovations in businesses. Bulgaria as an EU Member State fulfils a number of commitments to ensure the security of the EU external borders in the fight of counterfeit products manufactured in violation of trademark, design or patent rights. The PM&P team has substantial experience in the administrative procedures related to the grant of legal protection to various industrial property right items such as trademarks, industrial design, patents and others, as well as in the legal assistance in the enforcement of these rights in court or through out-of-court settlement procedures (agreements or arbitration). In the field of licensing and know-how agreements the PM&P team is headed by Vladimir Penkov, Chairman and Senior Partner with enormous experience gained in the negotiations on large-scale complete projects and individual licensing agreements or know-how agreement more than a decade before the changes in the country. Recently the PM&P team took part in the procedure for granting rights to use trademarks. In particular, it has contributed greatly to the successful outcome of the negotiations between the Bulgarian company LB Bulgaricum, holder of patents, trademarks and appellations of origin for Bulgarian yoghurt and Meiji Co. for a large territory covering a number of countries.
• Employment Law / Labour Relations / Pensions
The reduced volume of business in many Bulgarian companies for the last few years has confronted employers with the challenge to optimize the work process with the related layoff or to restructure the organization of work and working hours. The lawful attainment of the intended effects of the work process restructuring acquires paramount importance in the context of the numerous imperative provisions of the Bulgarian labour law. Bulgaria’s accession to the European Union (EU) has opened up new opportunities for Bulgarian employers to hire EU citizens and also for Bulgarian citizens to be hired by employers established in the EU. The labour law aspects of these opportunities frequently generate issues of different complexity. These issues require detailed analysis of the overall situation of the legal relationship, as well as good knowledge of the relevant legal framework. In this connection, the PM&P team has focused its efforts on the identification of
the problems and needs of its clients in the field of labour law. Its work and active assistance are intended to find efficient and, at the same time, reasonable legal solutions for overcoming the problems with the supply and demand of manpower, including those against the background of the complex issues created by labour relationships with an international element. PM&P has concentrated its attention in its current and forthcoming work on the legal opportunities provided for in the amendment to the Labour Code of the end of 2011 concerning distance work, work from home, and work at undertakings offering temporary employment. The amended labour legislation creates good opportunities for Bulgarian and foreign employers and workers to offer and seek jobs and manpower, while avoiding territorial and time constraints. However, experience has borne it out that the Bulgarian labour market is still unwilling to accept such novelties in reality and this, in its turn, is a challenge which motivates PM&P to seek working solutions of labour law issues and problems of its clients.
• Litigation – General / Claims / Class Actions
Although it is invariably determined to seek amicable solutions to avoid judicial and arbitration proceedings for its clients, PM&P provides, if necessary, highly efficient procedural representation in the state courts or in the voluntary arbitration proceedings in civil and commercial cases. The team of the law firm defended successfully the biggest wind power plant of Enertrag before the Arbitration Tribunal at the Bulgarian Chamber of Commerce and Industry in a landmark dispute with the state monopoly, the National Electric Company, concerning the validity of an existing preliminary connection contract and the arbitration award was subsequently confirmed in the final judgment of the Supreme Court of Cassation. That successful case has introduced new standards of thinking, which any monopolist will have to take into consideration in future. The lawyers of PM&P have substantial experience in the field of international arbitration proceedings, which is a great advantage to our clients. The high success rate in proceedings that are often complicated due to the lack of consistent case law is indicative not only of the high professional level but also the good organization and commitment of the lawyers in the firm. In this connection, in its capacity of legal advisor to Coca-Cola Hellenic Bottling Company the PM&P team, having successfully completed a series of court proceedings, including an interpretative decision of the Supreme Court on the issue, has succeeded in defending the recognition and refunding of VAT on packaging, which has grown into standing court practice since then. The PM&P team often participates in litigation for damages and non-performance in the construction sector. PM&P is expanding its experience in debt recovery for its clients, which requires good coordination and joint action in court cases and in the work of private bailiffs.
• Mergers Acquisitions and Divestitures
Joining of individual enterprises into a single entity as a result of a merger or acquisition of control over assets and/or operations of another enterprise provides opportunities for a company to expand its business and achieve synergy so that to improve its financial results. The restructuring of groups of companies and undertakings or their business operations has turned into a major technique to optimize and increase their market share, especially for the last few years. In the context of the
increasing globalization and enhanced international economic cooperation and especially since Bulgaria’s accession to the EU in 2007, cross-border mergers and acquisitions have become essential for the level and quality of foreign investment in this country and have created additional opportunities. PM&P is a leader in the field of mergers and acquisitions in Bulgaria. Ever since its establishment in 1990 the team of the law firm has taken part in almost all big mergers, acquisitions and privatization deals in Bulgaria in the wake of the political and economic changes in 1989. In 2007, PM&P represented AIG Capital in the acquisition of the majority package of shares of the privatized telecom BTC AD in the amount of about EUR 1.7 billion, the biggest deal ever in Bulgaria and the biggest deal of the year in Eastern Europe. PM&P consulted the National Bank of Greece in the acquisition of the United Bulgarian Bank, Titan Cement SA in the restructuring, including the acquisition of Zlatna Panega Cement and the sale of Pleven Cement to Holcim Group, Heineken Group in the acquisition of the majority package of shares of Ariana AD and the subsequent merger with Zagorka AD, as well as Coca-Cola Hellenic Bottling Company in connection with the acquisition of the producer of Bankia mineral water. Over the years PM&P has provided legal services in transactions for merger, acquisition and restructuring on almost all financial service markets in this country, including banking, consumer loans and leasing, additional pension schemes, insurance and health insurance. PM&P has also consulted mergers and acquisitions in many real economy sectors. The keys to the success of PM&P in mergers and acquisitions are the outstanding level of comprehensive legal competence, the strategic thinking and the experience gained in the course of more than 20 years. PM&P offers its clients an efficient combination of knowledge and skills in specific economic sectors, paying attention to each and every detail of the transaction concerned. The good knowledge of the regulatory framework makes it possible to ensure optimal structuring of companies within the shortest possible time limits.
• Real Estate
Our experience at PM&P shows that investment in real estate is often related to the implementation of large-scale projects. This includes the different phases of the development and construction of properties: from planning and design to the completion of construction works, which is invariably related to complex administrative procedures and dealings with regulatory bodies. Project development includes such matters such as project management, requiring comprehensive legal services and extensive knowledge of the work of real estate consultants, architects, construction engineers and construction supervisors. Our experienced team provides comprehensive legal services from the drafting of a letter of intent and building contracts up to the preparation of title deeds and conducting necessary registrations. PM&P successfully paves the way for a project between the investors’ desires and practices, shaped in foreign legal systems, and the specific conditions of Bulgaria, up until the moment when they will receive all necessary licenses and permits from the relevant authorities. The due diligence we prepare for each individual project, in terms of ownership, encumbrances, and the existence of all relevant permits, provides our clients with a much needed sense of security. They benefit from our vast experience in cooperating with assorted international legal networks, enabling us to support our clients in finding the most appropriate financial or legal solution for the acquisition, saving them time and money.
• Regulatory
PM&P is among the leading law firms in Bulgaria providing legal services in the field of IT, media and telecommunications. We have an exceptionally competent team of lawyers in the field of ecommerce and other web-based activities, who have drafted some of the earliest general conditions for the operation of our clients in Bulgaria. Of course, our consultations also cover a number of other legal areas, such as intellectual property, copyright and neighbouring rights, consumer law, epayments, representations and notices, as well as personal data protection. PM&P provides comprehensive legal services in the area of telecommunications and the media. Our lawyers’ vast experience has been acquired through the participation of PM&P in the privatization of Bulgaria’s largest telecom, by way of due diligence reports, participation in the privatization procedures and negotiations, consulting and other administrative procedures and the issuance of licenses, all of that being organized and conducted by the Electronic Media Council and the Communications Regulation Commission Our services often cover matters such as network access and interconnectivity, disputes between telecoms and joint use and construction of facilities. PM&P takes part in drafting the relevant legislation, while taking an active civil stand in the public hearings of bills and other proposed pieces of legislation, including legal analyses and recommendations submitted to the Ministry of Transport, Information Technologies and Communications. PM&P also provides effective legal protection in cases where decisions of the Communications Regulation Commission or the Electronic Media Council are appealed before the Supreme Administrative Court of Bulgaria. PM&P actively supports the wide spread of information technologies in the Bulgarian society through its involvement in the processes of strengthening of good practices and through its cooperation with the Bulgarian Web Association and the Consumer Protection Commission in the drafting of the first Guidelines for the General Terms and Conditions of Web-based Services and E-Commerce
• Tax
PM&P provides a wide range of tax advice in accordance with Bulgarian law. Our services cover various aspects of corporate taxation, VAT, health insurance, social security and income tax. Of course, we focus primarily on the legal aspects of taxation, while our vast experience in a multitude of privatization deals, mergers, acquisitions and restructurings, participation through different financial instruments in construction works and project development benefit our clients significantly. This combination of legal aspects and tax advice is the best tool to ensure that the client makes the right decision. The tax attorneys at PM&P tap on their rich professional experience in applying double taxation avoidance treaties, while seeking the best solution to suit clients’ needs. PM&P consulted in the past, and is presently providing consultancy on tax matters to many clients, including Bosch, Siemens, AIG Capital, Alcoa, Willi Betz Group, Coca-Cola Hellenic Bottling Company, Immo Finanze, Meggle AG, Advent International, Titan Cement, Knauf, etc. It is important to note that the company also has experience in providing comprehensive consultations including planning of tax effects of sophisticated transactions, restructurings and management of costs of resident and non-resident persons aiming at optimization of their results and effective use of tax credit. This is of significant importance in the process of implementation of business and investment activities of our clients.
Mr. Vladimir Penkov, Chairman and Senior Partner - Mr. Penkov has extensive experience in negotiations, researches, drafting of legal documents and representing clients in various areas of commercial law, such as banking and finance, corporate law and commercial contracts, competition, privatization and foreign investments, investment management, mergers and acquisitions, project finance, public procurement, licensing and know-how agreements, tax law, telecommunications, media & it, energy law and renewable energy sources. Awards o Vladimir Penkov – Leading Lawyer in the IFLR 1000 2013 Edition o Vladimir Penkov – Company Lawyer of the Year in Bulgaria – Corporate International 2015 o Vladimir Penkov – Recommended Attorney, Globaw Law Experts, 2015 o Barons Who’s who (USA) – The century award, 1999 o Barons Who’s who (USA) – Who’s who of the world 1999 – 2000, Global edition o Barons Who’s who (USA), Member of the Barons 500, Leaders for the New Century, 2000 o International Who’s who of Professionals, Who’s who Historical Society for the year 2005 o International Who’s who Historical Society - Member of the year 2005-2006 edition of International Who’s who of Professionals o International Who’s who of Professionals, Who’s who Historical Society for the year 2008 o Madison Who’s who - Member of the year 2008 – 2009 edition of the Madison Who’s who Registry of Executives and Professionals o International Who’s who Historical Society - Member of the year 2008 – 2009 edition of International Who’s who of Professionals Mr. Svetoslav Dimitrov – Managing Partner - Mr. Dimitrov is heading PM&P’s working groups in IT, media and telecommunications; energy and natural resources sectors; state regulations, IP and trademarks. He has a long experience in different legal spheres such as commercial and company law, mergers and acquisitions, litigation and arbitration. Contact Details: Penkov, Markov & Partners 1113, Sofia, Bulgaria, Iztok Dstr., 13B Tintyava Str. Tel.: 00359 2 971 39 35 Fax: 00359 2 971 11 91 www.penkov-markov.eu Vladimir Penkov - Chairman and Senior Partner
Mergers & Acquisitions Advisor of the Year – Germany GSK Stockmann + Kollegen is one of Germany's leading independent commercial law firms focusing on real estate, corporate, banking/finance and projects & public sector. GSK concentrates on handling projects and advising national and international businesses, banks and financial institutions, corporations and public bodies as well as governments and ministries. GSK was established in 1997 as a coalescence of lawyers from leading German and international commercial law firms. Today, more than 140 lawyers and tax advisors, acquainted with international projects and transactions are at our clients' disposal in our offices in Berlin, Frankfurt, Hamburg, Heidelberg, Munich, Brussels and Luxembourg. We regularly advise our clients on cross-border transactions in conjunction with our alliance partners of the Broadlaw Group. The exclusive network includes more than 1000 lawyers, based in 28 cities, covering the most important financial and economic centres of Europe, Asia, the Middle East and North Africa. For further information please visit www.broadlawgroup.com. Practice Areas: Employment Law Compliance Corporate Real Estate Company Law IP / IT Capital Markets / Initial Public Offerings / Delistings Antitrust / Merger Control Groups and Affiliated Companies Mergers & Acquisitions Private Equity / Venture Capital Privatization Restructuring and Insolvency Reorganizations and Changes of Registered Office (Seat) Corporate Finance Company Succession / Estate Planning Distribution Systems / Contract Law We understand our business and that of our clients. Our core competences have always particularly included the structuring of businesses and corporate finance, mergers & acquisitions and assisting with strategically important projects. We not only advise businesses and their owners, but we lend them support until the best solution has been reached. Contact Details: Dr. Andreas F. Bauer Tel: +49 89 288174-0 Mail: andreas.bauer@gsk.de
Insolvency & Restructuring Law Firm of the Year – Romania Muşat & Asociaţii’s name stands for the highest level of expertise and commitment in assisting our clients in their business. For 27 years, Muşat & Asociaţii has provided legal advice for the most dynamic national and multinational private companies across various industries, as well as for state owned companies and the Romanian authorities. Our diverse practice allows us to work for many major US and EU corporations investing or doing business in Romania, most of which are listed in the Fortune 500. The firm has been at the forefront of the country’s legal and business development, anticipating the evolving needs of its clients and involved in the biggest transactions on the local market. We pride ourselves on our impressive portfolio of mandates, always setting legal precedents and breaking new ground. Today, this unmatched experience in all areas of business law is put to the service of our clients. We focus on constantly developing value-added, tailor-made legal services, aimed at enabling our clients' business progress in a legally sound environment. “Our mission is to turn our knowledge into client value.” Mihai Popa is a long standing partner within Mușat & Asociații and the Head of our Restructuring & Insolvency practice. He has built an extensive professional expertise as business lawyer and insolvency practitioner. He joined Musat & Asociatii in 2005 and gathered a remarkable expertise in the Insolvency industry and has gained vast knowledge in dealing with all types of restructuring and insolvency procedure from complex administrations to extensive bankruptcies. He assisted clients throughout all the steps of reorganization and insolvency, including judicial and voluntary reorganization, pre–insolvency proceedings, bankruptcy and liquidation, asset recovery and/or negotiations with debtors and creditors. He is a thoughtful strategist and manages complex litigation files in the insolvency field, including recovery of receivables, cancellation of fraudulent acts, challenging the measures ordered by judicial receivers, successfully handling assignments entrusted by clients in a wide range of sectors, such as energy, constructions, pharma, retail or financial.
Mihai’s extensive professional background and knowledge allows him to provide excellent advice to our clients, and ensure the smooth and confidential management of their affairs. Over the years, our restructuring and insolvency team has successfully guided clients through complex and extensive restructuring, insolvency or liquidation procedures with the utmost diligence and professionalism. A quick look through our client portfolio illustrates our sheer expertise and know-how, as well as our clients’ appreciation for our work, commitment and determination in achieving their goals. Our expertise spans over the most diversified sectors, such as energy, pharmaceuticals, real estate, oil and gas, maritime technology, ferrous and nonferrous industry, transportation or constructions, and this helps us provide swift and tailored solutions to each case with ease. Our longstanding practice, integrated approach and sound knowledge of the local market enable us to assist clients irrespective of the side, level or involvement within a restructuring or insolvency procedure. We deliver prime services either as insolvency practitioners, while being appointed as judicial administrator, liquidator or conciliator of the debtors, or as lawyers, to the most beneficial outcome for our clients.
Our core restructuring and insolvency team includes highly qualified insolvency practitioners, lawyers, tax advisers and other consultants. Apart of our core team, we are one of a few Romanian firms to provide our clients with integrated services on restructuring and insolvency matters, drawing from the experience of our other departments and from our collaborations with elite practitioners in other jurisdictions. In the Restructuring/Insolvency field we have acted alongside our clients in all types of situations, including: •
Insolvency procedures •
Refinancing’s
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Capital Restructuring
Sovereign debt and bank restructuring
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Advice to companies in financial difficulty •
Distressed corporate finance
The client's interests and confidentiality have always been paramount in Muşat & Asociaţii's Code of professional conduct. MUȘAT & ASOCIAȚII – AT A GLANCE OUR FIRM'S CORE VALUES: o o
27 years of proud history
80% of the clients are major foreign companies o
More than 100 lawyers o
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Over 2500 clients
Wide experience in over 20 areas of practice
27 years of continuous collaboration with major worldwide law firms o
Legal excellence o
Client service
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Teamwork Visionary management
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Commitment o
Results
Over the years, our restructuring and insolvency team has successfully guided clients through complex and extensive restructuring, insolvency or liquidation procedures with the utmost diligence and professionalism. A quick look through our client portfolio illustrates our sheer expertise and know-how, as well as our clients’ appreciation for our work, commitment and determination in achieving their goals. Our expertise spans over the most diversified sectors, such as energy, pharmaceuticals, real estate, oil and gas, maritime technology, ferrous and nonferrous industry, transportation or constructions, and this helps us provide swift and tailored solutions to each case with ease. Our longstanding practice, integrated approach and sound knowledge of the local market enable us to assist clients irrespective of the side, level or involvement within a restructuring or insolvency procedure. We deliver prime services either as insolvency practitioners, while being appointed as judicial administrator, liquidator or conciliator of the debtors, or as lawyers, to the most beneficial outcome for our clients.
Our core restructuring and insolvency team includes highly qualified insolvency practitioners, lawyers, tax advisers and other consultants. Apart of our core team, we are one of a few Romanian firms to provide our clients with integrated services on restructuring and insolvency matters, drawing from the experience of our other departments and from our collaborations with elite practitioners in other jurisdictions. In the Restructuring/Insolvency field we have acted alongside our clients in all types of situations, including: •
Insolvency procedures
•
Refinancing’s
•
Capital Restructuring
•
Sovereign debt and bank restructuring
•
Advice to companies in financial difficulty
•
Distressed corporate finance A Selection of Musat & Asociatii Cases:
• Acting as liquidator of Termoelectrica S.A., the largest Romanian electricity producer, during its voluntary winding-up and bankruptcy. Our mandate covers all steps and operations of the liquidation process, including the drawing up the assets realization strategy and plan, performing the legal due diligence over the assets and addressing on-going concerns pertaining to the company and recovery of debts. • Acting as judicial administrator and liquidator of Energoconstrucția S.A., one of the largest local companies in the construction sector. The total amount of receivables requested by creditors during the case amounts to roughly EUR 100,000,000. • Representing Deutsche Bahn Group, the German national railway company, in the insolvency proceeding initiated against the railway manufacturers Astra Vagoane Arad, Meva and Romvag, aiming to recover important commercial debts. • Acting as judicial administrator of Servicii Energetice Oltenia S.A., a leading local company active in the field of electrical network maintenance, in view of identifying and implementing a major reorganization process required for optimizing the core activity of the company, the personnel structure and the receivables collection. • Assisting Enel SPA, a major European energy distributor in the successful restructuring of its Romanian subsidiaries in an unbundling process of its supply and distribution divisions in Romania. • Assisting Anchor Group (a leading real estate investment group) during the insolvency procedures initiated against debtors, arisen from the infringement of a FIDIC construction agreement, with aggregate claims of approx. EUR 21.000.000. • Advising Cooperative Centrale Raiffeisen-Boerenleenbank BA, a Dutch multinational company, specialized in financial and banking services, within the insolvency procedure of Oltchim, one of the largest State-owned companies in the chemical industry, aiming to recover important commercial debts. • Acting as judicial administrator of Belaria Hotels (former Complex Onyx), a major local service provider in hospitality industry. Our mandate covers all steps of the restructuring process, which includes designing the reorganization strategy, preparing the Reorganization Plan and supervising the implementation process. • Assisting Caterpillar Financial Services, the local subsidiary of the financing division of the world’s leading manufacturer of construction and mining equipment, in more than 30 cases involving insolvency procedure and enforcement actions for the repossession of industrial equipment against its Romanian debtors, pursuing the recovery of over EUR 3,000,000 debts.
• Representing SERMEDIC, the Romanian subsidiary of SERVIER, the largest French pharmaceuticals producer, within the insolvency procedure of a major Romanian pharmaceutical distributor, ADM Farm SRL. Our mandate includes drafting the statements of receivables, representation before the syndic judge and in the creditors’ assemblies, drafting and defending challenges regarding the registration of receivables in the list of debts, the aggregated receivables requested by all creditors amounting to approximately EUR 63,000,000. • Assisting Romanian Government and the Ministry of Communication and Information Technology (as a part of a consortium with Roland Berger), in connection with a complex restructuring process involving Compania Nationala Posta Romana SA (The Romanian Post Office) as a first step towards its privatization to a strategic investor. • Advising Sefi, a leading French company acting in the field of fire safety, in relation to the insolvency procedure of the main manufacturer on the Romanian electronic security system market, as well as in the OEM system production in connection with the recovery of significant commercial debts and the reposition of equipment granted to the debtor. • Advising AerSale, a Global leader in the supply of aftermarket aircraft, engines, OEM material and asset management services – in relation to the recovery of an approximately EUR 4,500,000 commercial debt against an insolvent major low-cost airline carrier with operations in Romania. • Assisting Sony Europe, the leading global manufacturer of audio, video, communications and information technology, with regard to restructuring its activities in Romania following the merger between two of its subsidiaries. • Advising Kaufland Romania SCS, a subsidiary of the Schwarz Group, the world's fourth largest retailer, involved in the Romanian market since 2005. The mandate includes legal assistance and representation within the insolvency procedure of an important entrepreneurship and project management company in construction and installation field, located in Brasov County, aiming to recovering significant secured receivables. • Representing CA Indosuez Switzerland (former Credit Suisse Agricole) an important Swiss player in the financial industry, in connection to the recovery of million euros receivable from a Romanian insolvent company producing heat energy and electricity. • Advising Thyssen Krupp throughout the insolvency proceedings declared against several of its significant commercial debtors in connection with the recovery of multimillion euro secured and unsecured receivables. • Representing Transas Marine International, a leading Swedish company, provider of navigation systems and integrated bridge solutions, recognized training and simulation solutions, renowned VTMS and coastal surveillance systems within the insolvency procedure of Asesoft International, aiming to recover important commercial debts. • Advising Trust International Insurance and Reinsurance Company B.S.C., during the bankruptcy proceedings of Carpatica Asig and Astra Asigurari in connection with the recovery of significant debts. • Assisting ECE Projektmanagement Romania, during the insolvency/bankruptcy proceedings of MYO-0 and River Invest, pursuing to recovery important debts. Our mandate includes drafting the statements of receivables, representation before the syndic judge and in the creditors’ assemblies, drafting and defending challenges regarding the registration of receivables in the list of debts. • Advising Piraeus Bank Romania on ways to preserve and ensure the priority of bank’s receivables in the insolvency procedure of an important supplier of conductors and wiring for the Romanian industry and exporter for the markets in Europe. The advice touches on complex issues of law arising from interferences between insolvency regulations and regulations on security interests and prevalence of the same.
• Assisting Teamnet International (a major Romanian IT company), throughout its insolvency procedure, aiming to restructure the company’s activity and optimizing its core activity. • Providing legal assistance and representation for The Romanian Financial Supervisory Authority in connection with the bankruptcy procedure of LIG INSURANCE, a major insurance company. The advice covers complex issues of law arising from the particular procedure applicable to insurance companies falling under financial difficulties. • Assisting Abbot GmbH & Co.KG, a global healthcare, pharmaceutical and medical devices company in the insolvency proceedings initiated against two Romanian healthcare medical services companies in relation to the recovery of important outstanding commercial debts and repossession of leased medical equipment. • Representing Compania de Apa Targoviste, a water supply services provider controlled by a local territorial authority – in relation to the recovery of a commercial debt exceeding EUR 4,000,000 during the insolvency procedure against its debtor and its guarantor, Confort and Vel Service, both wellknown Romanian infrastructure contractors. • Representing Roche Romania, the local subsidiary of the world’s leading healthcare groups, during the insolvency procedure initiated against a major Romanian distributor of pharmaceutical products and two local pharmaceuticals store chains, for the recovery of multimillion euro commercial debts. • Advising Rizzo Ecologic, an Italian based multinational company active in the field of waste water collection, treatment and disposal against its Romanian debtor, during the insolvency procedure, following a multimillion commercial litigation. • Representing Kiat Group Construct (one of Romania’s largest construction companies), in matters pertaining to insolvency procedure filed against the client. Our mandate involves the proof the company’s solvency state and the dismissal of the plaintiffs’ claims as ungrounded. • Representing Copisa Constructora Pirenaica Barcelona (one of the largest firms in the construction sector in Europe), in matters pertaining to insolvency procedure filed against the client. Our mandate involves the proof of the company’s solvency state and the dismissal of the plaintiffs’ claims as ungrounded. Contact Details: Mihai Popa, Partner and Head of Restructuring & Insolvency E-mail: mihai.popa@musat.ro Phone: +40 21 202 59 00
WE PRACTICE LAW
BUT WE LIVE BUSINESS Sadis & Goldberg represents over 800 hedge and private equity funds. Above all else, we value our client relationships. Our attorneys strive to provide excellent, consistent, practical and efficient legal services. We distinguish ourselves from other law firms by assisting our clients in the development of their businesses. This comprehensive approach has often earned us recognition as one of the top five law firms in the U.S. for our hedge fund practice. Invest a few minutes to learn what our attorneys can do for your business.
SADIS & GOLDBERG LLP RANKED NUMBER FIVE IN SERVICING HEDGE FUNDS IN THE 2016 PREQIN GLOBAL HEDGE FUND REPORT Best Law Firm Hedgeweek USA Awards 2011, 2014 - 2016
Best Hedge Fund & Private Equity Law Firm USA InterContinental Finance 2011 - 2015
Best Law Firm of the Year - USA 2013 - 2016 Lawyers World
Private Funds Law Firm of the Year ACQ Law Award 2011 - 2016
Investment Funds’ Law Firm of the Year Finance Monthly 2010 - 2016
Financial Services Industry Law Firm of the Year - USA, Acquisition International 2013 - 2016
Law Firm of the Year DealMaker Law Awards, 2011 - 2015 DealMaker Global Awards 2012 - 2015
Private Funds Law Firm of the Year M&A International Global Award 2013 - 2016
Hedge and Private Equity Fund Formation | Transactional Counseling Compliance Services | Regulatory Representation | Litigation | Derivatives Tax, ERISA and Estate Planning | Real Estate 551 Fifth Avenue, 21st Floor ,New York, NY 10176 212.947.3793 | www.sglawyers.com
Technology Law Firm of the Year – USA Scott & Scott, LLP is a boutique intellectual property and technology law firm with an emphasis on software licensing and disputes, technology transactions, and software copyright litigation. At Scott & Scott, LLP legal and technology professionals strive to deliver superior service with the highest level of integrity and honesty. The firm is founded on the premise that collaboration between legal and technology professionals is necessary to solve complex business problems. By combining these resources in one firm, Scott & Scott, LLP strives to serve clients' needs better than law firms or technology services firms working independently. Today, legal and technology market forces are ever changing, and they are committed to monitoring the developing technology and emerging law in order to provide highly-focused representation.
Robert J. Scott, Managing Partner, represents mid-market and large enterprise companies in software license transactions and disputes with major software publishers such as Adobe, IBM, Microsoft, Oracle, and SAP. He has defended over 225 software audit matters initiated by software piracy trade groups such as the BSA and SIIA. He is counsel to some of the world's largest corporations on information technology matters including intellectual property licensing, risk management, data privacy, and outsourcing. He is regularly called upon by his peers and the media to share his expertise. His work has been published in Northwestern Journal of Technology & Intellectual Property, Westlaw Journal Intellectual Property, The Licensing Journal, and Texas Lawyer among others.
Julie Machal-Fulks, Partner, leads a team of attorneys in representing and defending clients in legal matters relating to information technology. Her practice focuses on complex litigation ranging from privacy and network security, data breach notification and crisis management, intellectual property disputes, service provider negligence claims, and content-based injuries such as copyright and trademark infringement in software, the Internet, and all forms of tangible media.
Her focused practice has made Julie a trusted resource in her field. She is often invited to submit papers and present on topics including data breach notification, security incident response, software licensing and defense against regulatory and consumer class actions. Texas Lawyer, The Licensing Journal, Texas Wesleyan Law Institute, American Bar Association, and the IT Compliance Institute are a few of the publications that have published Julie’s work. Scott & Scott, LLP was counsel on over $150,000,000 of software licensing transactions and disputes in 2016. They represented users in some of the world’s largest cloud services contracts with Microsoft, Oracle, and IBM. The keys to delivering value for Scott & Scott LLP are:
1) Only accept engagements that require their core competencies 2) Leverage technology and continuous process improvements to insure efficiency 3) Retain staff and associates so clients always deal with a team with deep expertise Scott & Scott, LLP continuously evolves to deliver their services faster and cheaper to meet client’s business needs. They have learned to say no to engagements if they have any concern about their ability to deliver great value for the money clients are willing to spend. Every day Scott & Scott, LLP is working on the cutting edge of IT and law. Their clients rely on them to do the legal work for the transactions that are driving the IT industry forward. Scott & Scott LLP plans to continue serving clients with the high standards they have become known for. As technology evolves Scott & Scott, LLP will continue to adapt by staying on the forefront of these changes. Contact Details: Scott & Scott, LLP, 1256 Main Street, Suite 200, Southlake, Texas 76092 (P) 214.999.0080
(F) 214.999.0333
www.scottandscottllp.com
Intellectual Property Law Firm of the Year – Russia Squire Patton Boggs combines the strength, influence and resources of Squire Sanders and Patton Boggs to create a new law firm with global influence through local connections. We have more than 2,600 lawyers and support staff in 46 offices across 21 countries. Together we collaborate effectively across a diverse range of local, regional and international markets, business models and practice areas. Our team serves public and private organizations, from Fortune 100 and FTSE 100 corporations to emerging companies, public-private partnerships and local and national governments. Our strong local and regional positions in North America, Europe, Asia Pacific, the Middle East and Latin America, together with deep-rooted connections on the ground, mean we can focus on the needs of individual clients in all the countries and cities we call home. Alongside this, we have long-established relationships with regulators in Washington DC, Brussels and beyond. All of this gives our clients: •
Access to new knowledge, new markets and new expertise.
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Greater global influence and reach, combined with powerful local insight.
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Stronger connectivity between government, law and business.
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A deeper bench of lawyers in more key places.
Our Moscow office has long been at the forefront of legal and business developments in the Russian legal market. Our lawyers bring decades of experience serving clients in Russia and the former Soviet Union, and we can trace our involvement back to major trade and investment projects during the détente period of the late 1970s and the early days of perestroika in 1990s. We opened in Moscow in 1995 as one of the first international law firms to provide legal advice in Russia. Vast experience and highly skilled staff ensure that we still hold a leading position in the Russian legal market today. Clients include the largest Russian and international corporations across a variety of different sectors. Russian and foreign individuals place confidence in our professional team to provide legal support for all of their business projects. Whatever project we undertake, our Moscow-based lawyers liaise with governmental agencies of the Russian Federation to overcome any potential challenges our clients may face, to ensure that their businesses enjoy sustainable, yet dynamic, growth. The practice's full-service approach makes it possible for our clients to achieve their goals and objectives in the most cost-effective way.
Core practices of the Moscow office include: • • • • • • • • • • • • •
Competition – Antitrust Intellectual Property & Technology Data Privacy & Cybersecurity Energy & Natural Resources (including oil and gas, mining industry) Environmental, Safety & Health International Dispute Resolution Labour & Employment Litigation Mergers and Acquisitions (M&A) Private Investment Funds Public Policy Real Estate Corporate
Olga Bezrukova has been involved in the intellectual property area since 1989, including her experience as a Russian Patent Attorney since 1993 and a Eurasian Patent Attorney since 1996. She is a member of INTA international organizations and the International Licensing Association. Olga has unique experience and expertise in protecting the rights to patented inventions in life sciences. Olga focuses on matters associated with the acquisition and protection of rights to inventions, trademarks and utility models, including drafting related applications and obtaining documents of title. She provides advisory services for clients with regard to protection of their IP rights for IP in court and represents clients at the court proceedings. Olga also represents clients at the Chamber for the Patent Disputes of the Rospatent. Our company's Moscow office employs a dedicated team of intellectual property professionals, including associates and three registered patent agents. We are one of just a few legal firms in Russia with a focus on patenting inventions in areas such as biotechnology, medicine, pharmaceuticals etc. We are uniquely experienced in IT patenting. Also, we have gained unique experience in successfully defending patent rights in legal proceedings. As a forward-looking pathway for 2017-2018, we perceive developing areas such as judicial practice, in particular litigation, further protection of copyright, in particular IT-related copyright; protection of personal data; and protection of confidential information. Contact Details: Olga M. Bezrukova Squire Patton Boggs Moscow LLC 2, bld. 1 Romanov pereulok 125009, Moscow Russian Federation O +7 495 258 5250 F +7 495 258 5251 olga.bezrukova@squirepb.com | squirepattonboggs.com
Corporate & Financial Services Law Firm of the Year – Belgium Willkie is an elite international law firm of approximately 650 lawyers located in nine offices in six countries. For more than 125 years, we have represented companies across a wide spectrum of businesses and industries, most notably financial services. The firm is comprised of attorneys who are recognized as some of the world’s foremost practitioners in their respective areas. Xavier Dieux is a partner in the Corporate and Finance Department and in the Litigation Department. His practice areas encompass Public Offerings (including TOB), Capital Market Operations and Regulation, Mergers & Acquisitions, Corporate Governance and Financial Regulation, as well as Litigation in all areas of Financial, Corporate, Commercial and Contract Law. As to his Litigation practice, Xavier is also frequently appointed as arbitrator with respect to international or domestic proceedings. He practices in French and in English. Practice Areas: Corporate & Financial Services Finance Capital Markets Mergers & Acquisitions Private Equity/Venture Capital Structured Finance & Derivatives Business Reorganization & Restructuring Litigation Compliance & Enforcement Insurance & Reinsurance Securities, Litigation & Enforcement Complex Commercial Disputes
Contact Details: Avenue Louise, 480 / 3B 1050 Bruxelles T +32 2 290 18 20 F +32 2 290 18 21 E: xdieux@willkie.com
Accountants of the Year – Mexico KSI México is a Mexican Company of Certified Public Accountants, and one of the best domestic consulting firms. Member of KS International, an association of independent accountancy firms with over 100 offices; we operate in some 50 countries around the world to deal with your international business need. We belong to the PCAOB (Public Company Accounting Oversight Board), as a corporation to oversee the audits of public companies in order to protect the interests of investors and further the public interest in the preparation of informative, accurate and independent audit reports. KSI México offers a personal service, focused on the growth and success of our clients. We outstand for the quality of our services, offering a complete solution for each client. We provide a wide range of business service to companies in a variety of industries. The firm specializes in corporate finance advice, accounting, tax planning, consultation, and auditing services. The Key to our approach is to build a close relationship between partner and client. If you are thinking doing business in México, think Ksi México. We help successfully set up and grow many companies. We can tailor a special propose of your investments. Our commitment is to help your business succeed by keeping up-to-date with your affairs and offering a high standard of both commercial and supportive advice.
Qualities you will find in a KSI México firm include: •
A real understanding of your business.
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The partners are in tune with your needs and aspirations.
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Regular attention and support from accessible partners.
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Commercial realism in the advice you receive.
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Technically reliable responses to your enquiries.
Additionally, KSI México firm attach great importance to recruiting and training quality staff.
Fraud Law Firm of the Year – UK Edmonds Marshall McMahon was founded in February 2012 to offer a novel service to companies and individuals who have been the victims of crime. Our success is based on the creation of a private, high-powered team of senior prosecutors with an unrivalled track record in conducting major fraud prosecutions and regulatory work. We have invested significant time into making sure that we can always provide the services our clients require, including working with other specialist firms where this is in our client’s best interest. We also guarantee our clients that their case will be managed and overseen by one of the firm’s directors. Edmonds Marshall McMahon has three founding partners each with vast but varying expertise and experience: Tamlyn Edmonds – Tamlyn was called to the Bar in 2000, prior to founding EMM she specialised in the most complex and high-value prosecutions on behalf of the DWP & Pensions and Department of Health. She was chosen to lead the Department of Health, Medicines and healthcare produces Regulatory Agency’s (MHRA) specialist team of prosecutors, a role in which she gained an impressive reputation. During this time she had conduct of the largest fraud and trademark cases for the Department of Health, including the largest ever counterfeit medicines case. Tamlyn has considerable experience in restraint and confiscation & enforcement. She also has significant experience in the area of extradition, both within and outside the EU. Andrew Marshall – Andrew is a barrister of almost 30 years’ experience has led the prosecution of major fraud and regulatory matters for a range of government agencies. He has been involved in the notoriously difficult prosecutions of many corporates such as Shell and Schindler Lifts. He is a committed and experienced advocate whose former practice principally relates to large scale, organised crime cases requiring a strategic overview, normally concerning complex fraud or drugs. Other areas of work include wide ranging advisory and review work on criminal and quasi-criminal matters (with a particular speciality in disclosure) appellate work and asset forfeiture and restraint. In addition to being a Grade 4 Advocate for the CPS, Andrew was appointed to the AG’s list of prosecuting counsel in 1990 and to the list of Standing Counsel in 2005. In June 2012 he was appointed to the Regulatory list of Advocates for the Health & Safety Executive, Office of Rail Regulation and Environment Agency. Kate McMahon – Kate is a specialist, dual-qualified prosecutor. Prior to founding EMM she prosecuted for the Serious Fraud Office where she works as a senior lawyer on some of the UK’s largest criminal prosecutions. Kate has also prosecuted a number of high-profile, high-value international ‘boiler room’ frauds operating across a number of countries, involving thousands of victims. Kate also has significant experience in the area of confiscation, having obtained confiscation orders in excess of £1m. She has also successfully conducted many large-scale fraud trials, including the famous ‘transit thefts’ of pharmaceuticals in transit from the EU factories to wholesale dealers in the UK. She has also prosecuted serious and violent crime in Australia as a Crown Court Advocate. Since founding EMM, Kate has specialised in cases involving serious fraud, serious and violent crime, international crime and perverting the course of justice. Edmonds Marshall McMahon is the first and only specialist private prosecution law firm in the UK. Edmonds Marshall McMahon is described by the UK Legal 500 (2013) & (2014) as a leading firm in “Fraud: white collarcrime”. The firm is staffed by highly experienced prosecutors and offers tailor-made private prosecution services to companies and individuals. The Directors have a combined total of 45 years of experience in criminal justice and are focused on helping victims negotiate the system. We are fully versed in all manner of fraud or offending and however complex, understand the problem. We don’t believe in a ‘one size fits all’ approach, we prefer to
use our extensive experience, hard won reputation and expertise in criminal law to provide the most effective solution to a problem. R (Mirchandani) v Ketan Somaia Ketan Somaia was convicted in June 2014 following a private prosecution brought by Mr Mirchandani for 9 counts of obtaining money transfer by deception totalling $19, 6960,000, Following conviction, Edmonds Marshall McMahon were instructed to commence confiscation proceedings in order to deprive Mr Somaia of the benefit of his criminal conduct, after State bodies indicated that they did not have the capacity to pursue the matter. Restraint proceedings were instituted in the High Court. Following the trial, EMM were able to secure the largest ever confiscation order for a private prosecutor in the sum of £20,434,691 in confiscation to the state, £18,220,723 compensation in favour of Mr Mirchandani and £200,233 compensation in favour of a second victim, Mr Shah. · R (William Orenstein) v Soloman Pradhan. Following an 8 day trial, Mr Pradhan was convicted and sentenced to 8 months imprisonment for charges of Perverting the Course of Justice & Fraud. Mr Pradhan, who owned a property which shared a border with Mr Orenstein’s tenanted property, knocked through a wall, commandeered Mr Orenstein’s rear yard and erected a hookah bar. When Mr Orenstein tried to claim his property back, Mr Pradhan claimed that he had acquired the title by way of adverse possession, deliberately lied in his application to the land registry and enticed others to lie on his behalf. These individuals eventually gave statements to support the prosecution at trial. • TM EYE Ltd - Edmonds Marshall McMahon prosecutes a range of cases on behalf of TM Eye Ltd, nationwide. TM Eye represent a number of well-known clients including the manufacturers of brand named, high class, luxury goods such as designer label clothes, handbags, perfumes and watches. They are one of the few organisations in the UK that carries out proactive actions against those involved in this form of criminality. They are experts in surveillance, case preparation, disclosure and giving evidence and have brought the tactics used in fighting organised crime into the area of Intellectual Property theft to catch and convict those involved. Edmonds Marshall McMahon and TM Eye have so far achieved a 100% conviction rate with sentences ranging from fines to 6 months imprisonment. During a recent, ongoing operation, goods valued in the region of £1m were seized. • Edmonds Marshall McMahon is providing ongoing advice to a high-net worth individual based offshore, with significant corporate and beneficial trust interests, in relation to the potential prosecution of an associate for bribery. The advice provided is set against the background of high-profile civil litigation involving a global corporation, a cash seizure and subsequent investigation by multiple authorities. Edmonds Marshall McMahon are strategizing to manage the client’s exposure to a bribery prosecution and assisting with dealings with the authorities. The case additionally requires consideration of bribery, before and after the introduction of the Bribery Act 2012. The economic downturn has meant that there have been further cuts to the justice budget, in particular with police forces and the CPS. This has meant that more and more people are feeling unsatisfied with the way their cases have been dealt with and many feeling that justice has not been achieved for them. In times such as these more and more people are looking to other means of obtaining justice and private prosecutions are a key tool in this. Edmonds Marshall McMahon have found that not only has there been an increase in financial crime cases but in other types of crime also. Our firm is growing rapidly to accommodate the increase in cases being referred to us. It is a very exciting time for the Edmonds Marshall McMahon team! Contact Details: Edmonds Marshall McMahon 2-5 Warwick Court, London, WC1R 5DJ DX 450 LDE Office: 0207 583 8392
IP Litigation Law Firm of the Year – Philippines Romulo traces its roots to the law firm of Gibbs, McDonough and Ozaeta, which practiced law in the Philippines in the early 1900s. Allison D Gibbs was a well-known tax and corporate lawyer and Charles A McDonough was a name in criminal law practice. Roman A Ozaeta, who later became a distinguished justice of the Supreme Court, and his son, Herminio, an outstanding corporate lawyer in his own right, re-established the firm in 1957. The firm underwent several name changes because of a rule limiting the partnership name to living and active partners (a rule which was subsequently abolished), and eventually acquired its present name. The current partners are Ricardo J Romulo and Jose F Buenaventura. One partner, Exequiel B Javier, is on leave, having been elected as governor of Antique province. In addition, the firm currently has 98 lawyers. Romulo is the only Philippine firm with an office in Hong Kong. It provides international investors with advice on Philippine law and advises Philippine clients on international transactions. However, it is not permitted to practice Hong Kong law. Practice Areas: Banking & Finance Corporate Intellectual Property Labour & Immigration Litigation & Arbitration Technology, Media & Telecommunications Project Development & Finance Real Estate & Natural Resources Securities Taxation Transportation Contact Details: 21st FLOOR, PHILAMLIFE TOWER, 8767 PASEO DE ROXAS, MAKATI CITY, PHILIPPINES Tel: +63 2 848 0114 Fax: +63 2 810 3110 www.romulo.com
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