Innovative lawyers 2017

INNOVATIVE LAWYERS 2017

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INNOVATIVE LAWYERS 2017

Introduction

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The 2017 Awards recognises a select number of leading professional firms around the world working both nationally and internationally in their field of expertise.

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DEEP & FAR Attorneys-at-Law 13th F1., No. 27, Sec. 3, Chung San N. Rd. Taipei 104, Taiwan, R.O.C. Tel: +886-2-2585-6688 Fax: +886-2-25989900/25978989 email@deepnfar.com.tw Deep & Far was founded in 1992 and is one of the largest law firms in this country.

The firm is presently focused 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, counseling, litigation and/ or transaction thereof. Since this firm edges itself into the IPRs field, the firm quickly comes to fame. As an illustration, this firm often is one of the largest sources from which foreign filing orders originate.

The fascinating rise of this firm begins from the founder of Deep & Far attorneysat-law, C. F. Tsai, who is the one first patent practitioner in this country who both has technological and law backgrounds and is qualified as a local attorney-at-law.

The patent attorneys and patent engineers in this firm normally hold outstanding and advanced degrees and are generally graduated from the top five universities in this country and/or the university in the US. Our prominent staffs are dedicated to provide the best quality service in IPRs. 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 are/were clients of this firm.

Furthermore, Hi-Tech companies in the science-based industrial park located at Hsin Chu play an important role in booming the economy of this country. About one half of which have 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.

We have experienced in seeking IPR-protections for our clients in more than 100 territories all over the world. We have thousands of IPR-cases respectively prosecuted before official Patent Offices of major industrialized countries.

This firm not only is the most competent in IPR-related matters in this country but also is very familiar with IPR-practices in major industrialized countries. As a matter of fact, this firm oftentimes tries and makes precedents of new claim-drafting styles. While we might have become wonderfully famed locally with remarkable appreciation and respects, we would like to extend our services for internationalized or quality service-requiring foreign conglomerated giants, corporations or individuals. We strongly believe that we will win more

www.deepnfar.com.tw

INNOVATIVE LAWYERS 2017 Index

Afschrift Law Firm of the Year—Switzerland Deep & Far Intellectual Property Law Firm of the Year—Taiwan EagleBank Bank of the Year—USA FMConsult Compliance Consulting Firm of the Year—UK Douglas Silas Solicitors Education Law Firm of the Year—UK HGF Due Diligence Law Firm of the Year—UK Kancelaria Adwokacka Kowalik Criminal Defence Law Firm of the Year—Poland Linklaters LLP Corporate Law, Mergers & Acquisitions Law Firm of the Year—Belgium Lissade Law Firm Dynamic Advisory Firm of the Year—UK Lubis Ganie Surowidjojo Corporate Finance Law Firm of the Year—Indonesia Mackrell Turner Full Service Law Firm of the Year—UK OCCL Cost Consultancy Firm of the Year—UK Sadis & Goldberg Venture Capital Law Firm of the Year—USA Scott & Scott LLP Technology Law Firm of the Year—USA Silva e Sousa & Associados Insurance & Maritime Law Firm of the Year—Portugal

INNOVATIVE LAWYERS 2017

Criminal Defence Law Firm of the Year—Poland Name- Aleksandra Kowalik DOB: 22.10.1981 in Poland;

2000-2005- The Faculty of Law and Administration of Nicolaus Copernicus University in Toruń graduated on 7th July 2005- Master of Law; 2005- 2008- Statutory judical trainee at the District, Regional and Appeal Divisions Court in Toruń: 2005-2007: Criminal Divisions (first and higher instances including Prosecution Service); final criminal examination; 2007- 2008: Civil Divisions & Family Divisions (first and higher instances); 2009: final judical examination certificated by the Ministry of Justice; 2000- 2009- Legal trainee at Andrzej Kowalik' s Chambers (Bar Practice); 2009- called to the Bar- member of the Regional Bar Council in Bydgoszcz; 2009- 2012- Frame cooperation with Andrzej Kowalik' s Chambers since 2012- has been running the individual Bar Practice; since 2013- Registered European Lawyer in England and Wales; since 2014- member of The Honourable Society of The Inner Temple;

INNOVATIVE LAWYERS 2017 Since 2015- the PhD researcher- The Department of the Criminal Procedure- European Arrest Warrant issues between The United Kingdom and Poland (comparative law report).

Member of European Criminal Bar Association, International Bar Association and Academy of European Law in Trier.

The areas of the expertise: criminal law, criminal procedure including the international criminal cooperation and mutual assistance, extradition (European Arrest Warrant) between The United Kingdom and Poland, taxation- VAT, VAT frauds, commercial disputes a, international trade agreements, medical negligence claims.

Awarded by ACQ Global Awards 2016- Poland- Cross Border Law Firm of the Year (Poland- UK); Awarded by ACQ Global Awards 2016- Poland- Cross Border Law Firm of the Year (Poland- UK); Awarded by ACQ Global Awards 2017- Poland- Cross Border Law Firm of the Year (Poland- UK); Global Awards 2017 Winner- @Excellence in Extradition Law Services Lawyers Worldwide Awards Magazine- Super Lawyers 2017 (Criminal Defence Law Firm of The Year- Poland); The Lawyers Worldwide Awards Super Lawyers 2017 (-The Lawyers Worldwide Awards Magazine)- Crimi-

nal Defence Law Firm of the Year - Poland The life motto: "there are no facts, only interpretation"- Friedrich Nietzsche.

Contact Details: 1. The United Kingdom:

2. Poland

Justitia Chambers

Bar Practice Aleksandra Kowalik

Fox Court

Sadowa 18a Street

14 Gray’ s Inn Road

86-100

WC1X 8HN

Swiecie

London

Tel/Fax: (0048) 52 33 14444

email: Aleksandra@justitiachambers.co.uk fax: 01158718908 mobile: 07540977720

INNOVATIVE LAWYERS 2017

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 A-G’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.

INNOVATIVE LAWYERS 2017 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, highvalue 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 collar-crime”.

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.

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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.

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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.

INNOVATIVE LAWYERS 2017 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.

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• 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

INNOVATIVE LAWYERS 2017

Corporate Finance Law Firm of the Year—Indonesia Mohamed Idwan (‘Kiki’) Ganie is the Managing Partner of Lubis Ganie Surowidjojo (LGS). He graduated from the Faculty of Law of the University of Indonesia and holds a PhD in Law from the University of Hamburg. Dr. Ganie is a Chairman of the Association of Indonesian Anti-Trust Lawyers (PERKUMPUS), Chairman of the Indonesian Court of Arbitration of Sport (BAKI). Dr Ganie is a member of PERADI (Indonesian Advocates Association) and HKHPM (Indonesian Association of Capital Market Legal Consultants). He is a member of the regional panel of arbitrators of the the Singapore International Arbitration Centre (SIAC), the Kuala Lumpur Regional Arbitration Centre for Arbitration (KLRCA), the Court of Arbitration for Sport (CAS) based in Lausanne, Switzerland and a Fellow (FSIArb) of the Singapore Institute of Arbitrators.

Lubis Ganie is specialised in both commercial transactions and commercial litigation. Through their various practice groups they are among others specialised in mergers and acquisitions, capital market law, compliance, debt restructuring, anti trust, infrastructure projects, media, automotive industry and in all aspects of insurance and shipping law.

They are skilled at creating, acquiring and transferring legal and supporting knowledge and at modifying their own behaviour to reflect new knowledge, information and insights, including the benefits and risks associated with applicable legal, technological, economic and social developments, to service existing and anticipated client needs.

The "more with less" and "value for money" challenge, request for more certainty in the calculation of legal fees through Alternative Fee Arrangements (AFA) in substitution of the straight time base billing. Lubis Ganie try to overcome such complexities buy adding real measurable commercial value to the business of their clients though strengthening the quality of service basics (punctuality, accuracy, accessibility and responsiveness) and the quality of legal services through a Legal Process Management (CRM) and a legal risk identification & elimination approach and closer collaboration with their clients at all stages of the service delivery process to increase client satisfaction.

One of Lubis Ganie’s visions is to become Indonesia's largest Commercial Transaction and Commercial Litigation Practice with the largest network of branches and affiliated offices in and throughout Indonesia. They see an increasing number of dispute resolution works and an increase of infrastructure projects.

Contact Details: Dr. Mohamed Idwan (‘Kiki’) Ganie Managing Partner Lubis Ganie Surowidjojo Address: Menara Imperium,30th Fl. Jl. H.R. Rasuna Said Kav. 1 Jakarta 12980, Indonesia Tel: (62-21) 831-5005, 831-5025 Fax: (62-21) 831-5015, 831-5018 Email: ganie@lgslaw.co.id Website: www.lgsonline.com

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

INNOVATIVE LAWYERS 2017

Immigration Law Firm of the Year—USA Fakhoury Law Group is a global law firm specializing exclusively in business-based immigration and serving clients in over 100 countries. With over 100 years of combined experience, and offices in Michigan, California, Colorado, Florida, New York, and India, the Fakhoury Law Group’s global staff of 100 attorneys, paralegals and immigration consultants have the resources and expertise to effectively deal with any immigration matter.

Fakhoury Law Group provides its business clients with comprehensive global legal immigration services. We offer expedient service, leading technology and an extensive legal network that makes us efficient, productive and compliant. We aspire to be our clients’ single solution for all global visa and immigration matters. We represent corporate clients in all phases of the hiring and transfer of foreign nationals to the U.S., and offer a full range of immigration services for clients in more than 100 countries. We counsel our clients about the best short- and long-term visa strategies for their specific immigration-related needs and challenges.

Fakhoury Law Group is an equity member of the prestigious Alliance of Business Immigration Lawyers (ABIL). ABIL is comprised of top U.S. business immigration lawyers and their respective firms. This strategic affiliation allows us to continue providing premier corporate immigration services to our clients in a seamless and efficient manner.

Fakhoury Law Group offers a full range of business immigration services in over 100 countries. The area of immigration and nationality law is a complex and ever-changing regulatory environment. This means that it is important to have an attorney with the knowledge and proficiency necessary to navigate these complexities. We have the skills necessary to assist businesses with all aspects of their immigration needs – efficiently and effectively.

Although we specialize in representing companies and organizations in Healthcare, Information Technology, Automotive and Academia, we provide business immigration services to companies across all industries, including Art & Entertainment, Biotechnology, Construction, Consulting, Education, Energy, Financial Services, Manufacturing, Pharmaceutical, Engineering, Aerospace and Sports.

Contact Details: Address: 3290 West Big Beaver Road, Suite 510 Troy, Michigan 48084 Phone: (248) 643-4900 Fax: (248) 643-4907

INNOVATIVE LAWYERS 2017

Full Service Law Firm of the Year—UK Mackrell Turner Garrett is an award-winning, full service London law firm, with a truly global reach.

Headquartered in central London with an additional office in Surrey, we have been providing high quality legal advice and services since 1845.

As a firm, we are here to make your life easier. Providing clear, practical solutions through an otherwise complex web of legal jargon, our ability to make legal advice accessible has resulted in us maintaining an impressively high retention rate amongst our clients.

Despite significant growth in recent years we remain personal enough to provide the tailored service clients look for and every case is supervised by one of our Partners, working closely with our team at all levels throughout. We are also large enough to offer comprehensive and practical expertise so our clients are able to use our firm to deal with all of their legal needs, no matter what the scale or complexity may be.

Being a full service firm also allows us to easily refer work between departments– avoiding outsourcing of parts of a client’s legal requirements saves the client both time and money; something we are able to provide both domestically and internationally through our international association Mackrell International.

We are founders of Mackrell International, a world leading global network of approximately 5000 lawyers across 60 countries, enabling us to offer the added value of immediate international legal advice and assistance in any jurisdiction worldwide. We are a worldwide web of lawyers, with local knowledge.

Our expertise is also widely recognised within our profession, in the UK and further afield. In 2015, we were named Litigation Law Firm of the Year and Dispute Resolution Firm of the Year, and in 2016, Full Service Law Firm of the Year and Arbitration Law Firm of the Year Mackrell Turner Garrett – an innovative, traditional, local and truly global firm, in one.

INNOVATIVE LAWYERS 2017 Nigel is the Managing Partner and Head of Litigation and Dispute Resolution in the London office of Mackrell Turner Garrett.

He is experienced in complex litigation matters, and various forms of dispute resolution.

Clients include in the banking and hedge fund sector [Indus Capital LLP, KBC Bank NV]; Information Technology and Management [AFD Software, Blue Cube Group]; Property [William Pears Group]; Motor [JLC Ltd (Jaguar Land Rover), Imperial Carriages Limited]; Publishing [Financial-I, Grapo AS]; Restaurant & Entertainment [Sketch, Wainscott Studios]; Architecture & Design [Space Projects Ltd].

A brief look at his experience of acting in the last year including cases with potential injunctions includes:Acting for a US hedge fund against a UK bank in a claim for in excess of $10m claiming misrepresentation Acting for a UK based software company in a claim for £15m against a UK infringer claiming commercial infringement Acting for a US film producer in a claim against a UK media company claiming commercial infringement of rights Acting for a US high net worth individual in a claim against a UK architect designer claiming substantial over invoicing Acting for a SA company in a £12m claim against a Canadian conglomerate – share dispute Acting for a UK motor trader in a £1m+ claim against a UK individual – breach of guarantee Acting for a UK company director in defending a claim against an Iranian state owned business – alleged misallocation of payments Acting for a Middle Eastern Royal in defending a £20m+ claim made by a UK bank – alleged bank guarantee default.

Nigel has considerable experience in defending FCA prosecutions, and HMRC Appeals.

He is an International committee member for EMEA on Mackrell International, the independent network of 80+ law firms around the world and Chairman of the Membership Committee for Mackrell International.

As a result of the firms membership of Mackrell International, Nigel is very experienced in cross-border disputes, and multi jurisdictional litigation.

Nigel studied at Caterham School, City of London University before training at Mackrell & Co who he joined in 1988.

He was made partner at Mackrell Turner Garrett in 1991.

In 2012 Nigel was named England and Wales Dispute Resolution Lawyer of the Year as well as being appointed Fellow of the Litigation Counsel of America, Member of the Diversity Law Institute and Member of the Trial Law Institute.

Contact Details: Tel: 00 44 (0) 207 240 0521 Fax: 00 44 (0) 207 240 9457 Email: nigel.rowley@mackrell.com

INNOVATIVE LAWYERS 2017

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. The firm is committed to monitoring the developing technology and emerging law in order to provide highly focused representation to clients that range from mature small businesses to publicly traded multi-national corporations.

Lessons Learned in over 500 Software License Disputes I am the managing partner of a boutique law firm in Southlake, Texas that has been voted Best Technology Law Firm – USA by Finance Monthly for the last three years. We have handled over 500 software audit matters in the last 12 years. I have identified a number of issues that recur in many of the cases I have handled. Regardless of whether the publisher is Microsoft, Adobe, Autodesk, Oracle, IBM or any of their trade groups including the BSA | The Software Alliance, we see common issues. Here are the most critical issues we have seen: 1.

Audit Effective Date – This is the date on the auditor’s initial letter requesting the audit. Many respondents do not understand that most audits only relate to the computer software products installed on the Effective Date and that the invoices for purchases must be dated prior to the Effective Date. Understanding the importance of the audit effective date in a software audit matter is the first step to a successful outcome.

2.

Scope – Narrowing the scope of a requested audit is one of my first priorities in a software audit case. I like the think of scope in a number of different ways all with an eye toward narrowing the number of devices to be investigated as much as possible at the outset of the case. Scope limitations could be to certain business units or affiliates, certain geographic locations, certain products, certain purchasing agreements. Winning the scope battle is an early success factor in an audit case.

3.

Discovering the Installations - Many clients delay taking action in response to an audit letter for various reasons. This delay often makes evidence gathering more difficult. I advise my clients to conduct a network inventory using a quality discovery tool immediately after receiving the initial audit. By doing so, the audit target is preserving evidence and avoiding inaccuracies due to changes over time. The discovery services performed by our IT staff are protected by the attorney-work product and attorney-client privileges.

Identifying Proof of Licenses – Some audit targets are simply not that great at record keeping. When it comes to proving ownership of software installed during an audit, many audit targets struggle. The targets that are most successful are able to leverage vendor records showing historical software purchases.

Even though these vendor records are not invoices, they are typically acceptable proof in audit cases.

Unfortunately, purchase orders, end-user license agreements, certificates of authenticity and many other undated indicia of ownership are not considered valid proof of a license in a non-litigation audit matter.

Manuals, cd’s, products keys are all also not

4.

INNOVATIVE LAWYERS 2017

considered good proof. The best proof in an audit is a dated document from an authorized reseller or a licensing statement provided directly from the publisher.

5. Interim Confidentiality / 408 Agreements - Almost 10 years ago, I realized the importance of protecting my clients’ audit materials. After a decade of negotiating with opposing counsel, confidentiality and protection agreements are almost commonplace in audit cases now. The reason this practice has become universally accepted is because in litigation the defendant would not be required to prepare evidence that is not already in existence.

6. Calculating Financial Exposure – One of the first things I do when I get involved in an audit case is to try to calculate the financial exposure my client is facing. Frequently, a client will come to me after receiving a settlement demand from the auditor looking to replace their current lawyer. These lawyers regularly get fired because they failed to calculate the exposure for the client and allowed the client to be surprised by the financial demand.

Our audit defense process is designed to ensure that our clients are not surprised.

7. What Constitutes a Good Settlement - Many clients come to me saying that they want to settle their case out of court and get a “good deal.” What constitutes a good deal can depend on a number of factors including monetary and non-monetary aspects of settlement. Each publisher has a different method of preparing a settlement demand, and the ultimate settlement amounts vary greatly among the publishers. Most cases settle for less than the original demand, but it is not always easy to predict the outcomes. Some of the factors that influence a final settlement amount are: 1) the amount of time a matter has been pending; 2) the percentage of non-compliance in the organization overall; 3) the willfulness of any violations; and 4) the financial circumstances of the audit target.

It is also important to come away from the settlement with a stronger license agreement from the publisher. Many audit cases involve both a settlement and release of liability related to the audit and a new license agreement covering the period following the audit. It is important to make sure that whatever settlement is reached, that the client gets the most value for the money paid in terms of additional software it can put on it’s balance sheet or services that will reduce operating expenses.

8. Confidentiality. If the audit target does not want the auditor to issue a press release at the conclusion of the case, we generally negotiate confidentiality provisions that prohibit such disclosures. In many cases, the auditors expect a premium for settling with confidentiality.

Over many years of working with companies audited by large and small software publishers, my team and I have developed the tools, processes, and track record to deliver consistent results to or for our clients. Our clients get visibility into the audit process and are able to prepare for financial impact of resolving a software audit.

Contact Details Scott & Scott, LLP 1256 Main Street, Suite 200 Southlake, Texas 76092 (P) 214.999.0080 (F) 214.999.0333 www.scottandscottllp.com

INNOVATIVE LAWYERS 2017

Compliance Consulting Firm of the Year—UK Established in 2004, FMConsult is a specialist compliance, collective investment schemes, and operational and investment risk management consultancy that services a whole host of global financial services firms.

We have made it our mission to provide solutions to our clients so that they can continually meet regulatory requirements.

Headquartered in London, FMConsult has offices in Ireland and USA, with an associate in Italy. Our highly experienced team have first-hand experience in asset management, wealth management, financial regulations and investment risk which provides us with the all-round expertise you would require from a consultancy. To learn more about our senior team, please refer to the Consultant Profiles brochure.

FMConsult is an independent regulatory, product development and operational and investment risk consultancy committed to assisting clients in aligning financial services processes with regulatory requirements.

We provide risk and compliance solutions that enable senior management of financial services firm’s to demonstrate that they and their firm are currently, and will continue to be, aligned with regulatory requirements.

FMConsult major on the wholesale firms and funds industry but also have the capacity and experience to assist retail and market infrastructure companies.

Examples of the types of work performed for our clients to date include •

Corporate Authorisation

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Compliance Outsourcing and Interim Resources

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Due diligence & expert witness assignments

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Fund establishment & authorisation

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Consumer Credit

Dallas is an experienced international regulatory and business manager. He is a Fellow of the Institute of Chartered Accountant, Member of Institute of Directors and a Member of the Chartered Institute of Securities and Investment. He has extensive regulatory experience in senior management roles including as a Director and Trustee.

Dallas is the Managing Director, FMConsult: providing compliance, regulatory, product development and risk management services to a range of large international and start-up financial services companies since 2004.

Prior to FMConsult he was Global Compliance and Operational Risk Director at a major asset management company for all business outside the Americas for 17 years with experience in global regulatory issues, covering both retail and institutional. He managed an internationally based compliance team of circa 35 employees.

Prior to the front line of compliance he had over 8 years with Coopers and Lybrand (now PwC) in four different countries covering audit, accounting services, insolvency and regulation.

The team is very experienced in financial services regulation, operational and investment risk. FMConsult has offices in London, New York and Dublin with associates in Milan.

The Team:

INNOVATIVE LAWYERS 2017 Dallas J McGillivray Group Managing Director Experienced international regulatory and business manager. Previous Global Head of Compliance and Operational Risk at a major asset management company for all business outside of the Americas with circa 30 years’ experience in UK and global regulatory issues, covering both retail and institutional. Over 8 years with Coopers & Lybrand (now PWC) in four different countries covering audit, accounting services, insolvency and regulation.

Specialist in providing corporate governance and operational risk services to asset management and investment companies.

Contact: dmcgillivray@fmconsult.co.uk Andrew J Hicks Group Director More than 10 years’ experience as a manager for a major international asset management company, covering compliance monitoring/advisory, internal audit and operational risk roles. This role primarily covered the UK market place but also extended to US, Irish, Luxembourg, German, French and Italian regulated businesses covering both retail and institutional clients. Also a further 8 years as a financial and regulatory auditor for a medium size audit and accountancy firm based in London. Specialist in providing accountancy, audit, compliance monitoring, regulatory, advice and operational risk services to asset management and investment companies.

Contact: ahicks@fmconsult.co.uk Ross Revell Director - UK Ross is an experienced regulatory professional who has held CF10 and CF11 roles at both a leading Insurer and separately at an IFA Network, and has also worked at two of the Big Four Consultancy firms. He has previously worked at the FSA, and started his career in financial services in the Banking sector 28 years ago. His experience covers Banking, Mortgages, Life & Pensions, General Insurance, Wealth Management, Private Banking, and Stock Broking.

Colette Panebianco Director FMConsult USA Colette is an experienced financial services executive. With circa 20 years of experience in the financial services industry. Colette has a detailed knowledge of the US asset management industry from working with high-level investment advisers, hedge funds, broker-dealers and family offices both domestic and offshore. Colette specialises in designing the compliance infrastructure for start-up and established registered and unregistered US and non-US funds, investment advisors and private equity firms. Colette has proven to bring personalised and assured quality services tailored to meet a firms compliance needs. Colette is a Certified Investment Advisory Compliance Specialist.

Contact: cpanebianco@fmconsult.us John Clare General Manager – FMConsult Ireland John is an experienced financial services executive and has a detailed knowledge of the Irish Financial Services Industry with over 22 years of proven business experience. John has been registered with the Central bank since 1996 and is a member of the Association of Compliance Officers Ireland.

Contact: jclare@fmconsult.ie Contact Details: Dallas J. McGillivray Tel: 020 7220 9073 Email: dmcgillivray@fmconsult.co.uk Address: 2nd Floor + 10 Arthur Street + London EC4R 9AY www.fmconsult.co.uk

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INNOVATIVE LAWYERS 2017

Patents Law Firm of the Year—Illinois, USA Mr. Rosenbaum’s patent practice specializes in biomedical, biotechnological, pharmaceutical, chemical, biochemical, semiconductor materials and processes, and computer software. As patent counsel to several major public universities, public and private corporations, and independent inventors, Mr. Rosenbaum has prepared and prosecuted patent applications in the fields of surgical implants, including cardiovascular stents and vascular grafts, natural and synthetic pharmaceuticals, electrophoresis devices and methods, diagnostic systems and methods, DNA transformation and transfection, oligonucleotide ligands, vaccines, monoclonal antibodies, drug delivery systems, immunology, ultrasonic, laser and cryogenic ablation catheters, nanolithography, atomic force microscopy, photolithography, vacuum deposition processes, including chemical and plasma vapour deposition, sputtering and ion bombardment processes, chemical sensor technology, resist technology, carbon nitride continuous solids and the use of finite elements analysis modelling for corneal remodelling. In representing both corporate and individual clients, Mr. Rosenbaum’s practice has included such diverse biomedical technologies as novel biomaterials, biomaterial surfacing technology, DNA and RNA hybridization, genetic testing, implantable vascular and endovascular devices, computer controlled laser catheters, synthetic peptides, chemical tracers for above-ground and underground leak detection, contact lenses, dermatological preparations, hydraulic shock absorbing pistons, misting devices for evaporative cooling, and water filtration systems.

What: We partner with high technology companies to assist in developing intellectual property assets, formulating and executing strategic plans for achieving maximal value for our clients. Our clients have achieved over $1.6 Billion (USD) in market value, either through financing rounds, merger and acquisition, licensing or litigation awards. To achieve this success, we combine professional and technical skills with level-headed business principles and experience. Or practice is devoted to supporting our client’s intellectual property asset development, commercialization and, when necessary, enforcement.

Planning: The focal point of an intellectual property plan is to secure maximum value for intellectual property assets. This is achieved by first defining the business objectives to be achieved.

Strategy: Once the IP plan has been identified, a management team, including business, technology and legal expertise, reviews the business objectives, considers the congruence between the plan and the objectives, and then pressure tests the plan against identified opportunities to challenge that the intellectual property assets will achieve those objectives.

INNOVATIVE LAWYERS 2017 Being dynamic, the plan will be consistently and constantly assessed, revised, and reassessed as new objectives are identified, new opportunities are presented or new challenges arise.

A coherent IP strategy will include IP landscaping to identify and analyse existing IP rights and players in the relevant technology space. The white space opportunities will be identified and an evaluation of the coherence between the IP plan and the white space analysis will be completed. In addition, IP forecasting may be undertaken to predict, based upon a third party’s prior IP behaviour, what are the likely IP protection pathways a third party will be pursuing with their IP portfolio. Additionally, licensing and collaborative research and development opportunities may be undertaken, “blue sky� evaluation for next generation products and/or superseding technology and opportunities for developing IP in those areas, freedom-to-operate issues relevant to the pre -commercial products under development to minimize the risk of material liability in litigation should be undertaken and processes for dynamic and real time IP tracking within the technology space, may be implemented.

Who: Members of the firm have scientific training and regularly work across a spectrum of technologies including pharmaceuticals, medical devices, biotechnology, therapeutics, diagnostics, nanotechnology, organic and inorganic chemistry, biochemistry, materials science, agricultural chemicals, plant breeding, environmental protection systems, semiconductor processing, industrial and medical lasers, computer hardware and software, digital and analog electrical systems, water purification systems, evaporative cooling systems, skin care products, clothing, motor vehicle assemblies and systems, and general mechanical and electrical technologies.

Contact Details: 1480 Techny Road Northbrook IL 60062 USA Email: drosenbaum@RosenbaumIP.com Tel: 847-770-6010

INNOVATIVE LAWYERS 2017

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 sciencebased 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.

INNOVATIVE LAWYERS 2017 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. -2-25856688 -2-25989900/25978989 Email: email@deepnfar.com.tw www.deepnfar.com.tw

INNOVATIVE LAWYERS 2017

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

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