Lawyers Worldwide Awards 2016

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LAWYERS WORLDWIDE AWARDS MAGAZINE

LAWYERS WORLDWIDE AWARDS 2016


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Lawyers Worldwide Awards 2016

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 2016 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.


www.patentaxis.com Patent Services from Canada to the World Prime access to Canadian Patents


Lawyers Worldwide Awards Magazine Lawyers Worldwide Awards 2016

Deep & Far Intellectual Property Law Firm of the Year – Taiwan Demotech Inc Financial Analysis Firm of the Year - USA Edmonds Marshall McMahon Fraud Law Firm of the Year - UK Fortitude Law Associates M&A Law Firm of the Year – India Hampson and Company, Attorneys at Law Litigation Law Firm of the Year – Cayman Islands KSi Mexico Accounting Firm of the Year – Mexico Law firm Simeonov & Dermendjiev Foreign Investment Advisor of the Year Law Offices of Lisa Douglas Personal Injury Law Firm of the Year – USA Mathys & Squire IP Law 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 Seyfarth Shaw International Employment Law Firm of the Year – Global


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 patentexperienced 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 wellbelieved 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. -2-25856688 -2-25989900/25978989 Email: email@deepnfar.com.tw www.deepnfar.com.tw


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


Accounting Firm of the Year – Mexico KSI México is a global network, 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. 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. 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. 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. The Key to our approach is to build a close relationship between partner and client. Qualities you will find in a KSI México firm include: A real understanding of your business. The partners are in tune with your needs and aspirations. Regular attention and support from accessible partners. Commercial realism in the advice you receive. Technically reliable responses to your enquiries. Additionally, KSI México firm attach great importance to recruiting and training quality staff.


FULBROOK

C APITAL M ANAGEMENT , LLC

Biography of Selvyn Seidel and Fulbrook Capital Management, LLC

! Selvyn Seidel founded and chairs Fulbrook Capital Management LLC. Fulbrook is an independent third party financing advisor on complex national and international commercial claims. Fulbrook has created and occupies a special space in the funding industry, representing (1) claimants who need assistance in: evaluating their claims; preparing and/or improving the claim for investment, and prosecution; and/or sourcing capital – where Fulbrook identifies and attracts potential investors for the claimant and its claim, from (a) the institutional dedicated third party funders, as well as (b) from individual investors interested in committing only a portion of their capital into litigation finance (e.g., a family office, pension fund, hedge fund, or a private equity entity) and (2) representing and counseling investors looking for good investment opportunities. If needed and acceptable within a jurisdiction’s rules, Fulbrook will assist in buying, selling, or otherwise trading the claim or the claimant itself. Fulbrook also consults and advises claimants and investors, without the counseling having anything to do with linking with capital, but assisting in some fashion in monetizing investment opportunities. Fulbrook emphasizes certain areas, particularly: patents and other IP; international litigation and arbitration; insolvency, and other serious financial distress situations; and mediation in general and high stake disputes. In exceptional circumstances, it will also work on other claims, such as those involving oil and gas, antitrust, securities fraud, insurance, whistleblower claims, and serous breach of contract and fraud claims. In a recent Report by two think tanks that discussed Funders, Fulbrook was identified along with four other entities, as among the “prominent third-party funders” in the industry worldwide. Additionally, Fulbrook has been awarded, since inception of operations about two years ago, 20 awards in the industry, and important aspects of the industry, as being the best in the industry globally and/or in specific important jurisdictions such as the U.S.A. Such awards include: ACQ Magazineʼs Global Award as the “Third Party Litigation Advisory Firm of the Year,” in both 2013 and 2014, based on international surveys taken from its over 50,000 subscribers, in addition to InterContinental Financer Magazine’s “Third Party Funding Firm of the Year (2013) – USA.” In November 2013, the Lawyers World, a global publication, after polling subscribers and internally judging the results, recognition as the “Third Party Funding Firm of the Year 2013 – USA.” In 2014, Fulbrook received Corporate LiveWire’s Global Award for the “Third Party Litigation Advisory Firm of the Year,” and its Global Award for the “Evaluation of International Arbitration Claims Advisory Firm of the Year.” Also in 2014, Fulbrook was awarded Dealmakers


FULBROOK

C APITAL M ANAGEMENT , LLC

Magazine’s Annual Award for the “Third Party Funding Firm of the Year – USA.” Furthermore, in 2014, Fulbrook received InterContinental Finance Magazine’s Award the “Leading US Third Party Funding Firm of the Year,” in addition to the Manhattan Business Recognition Award for the “2014 Best of Manhattan Awards for Management Services.” Most recently, Fulbrook has been awarded the 2015 Corporate International Magazine’s Legal Award for the “International Finance Law Firm of the Year in New York”; the Professional Sector Network’s Global Award for the “Capital and Fund Management Practice of the Year”; the Corporate International Magazine Legal award “International Finance Firm of the Year in New York”; the 2015 Global Award of Dealmakers of the “Leading U.S. Third Party Funding Firm of the Year”;

and the Lawyers’ Worldwide Awards Magazine 2015 award as “Most Trusted Third Party Funding Firm of the Year- USA.” Before Fulbrook, in 2007, Mr. Seidel founded and chaired Burford Advisors, an expert advisor in third party finance, and then, in October of 2009, co-founded and chaired Burford Group Ltd., the investment manager for Burford Capital, LLC, which has gone public on the U.K. Aim market of the London Exchange, and is now among the leading and the largest institutional litigation funder in the world with over $500 million under management. Mr. Seidel is recognized in the industry as a pioneering voice. He was described in the Report referred to above as “probably the frontrunner in the industry,” and is usually described as a leader or the leader in the industry. Before Burford and Fulbrook, Mr. Seidel practiced as a litigation attorney for over 40 years in complex litigations and arbitrations, specializing in international. In 1985, he co-founded the New York office of Latham & Watkins, a premier international law firm. Until December 31, 2006 and for almost 25 years, he was a senior litigation partner at Latham and was, at different times, the Chairman of the firm’s International Practice, the founder and Chairman of Latham’s International Litigation and Arbitration practice, and the Chairman of its New York Litigation practice. Mr. Seidel has been and is an active educator. He was for ten years an Adjunct Professor of Law at the New York University School of Law, teaching courses related to litigation and arbitration. He is an Alumnus Lecturer at Linacre College, Oxford University. He chaired for a number of

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FULBROOK

C APITAL M ANAGEMENT , LLC

years the Advisory Board of Oxford Law Alumni of America, and chaired the Advisory Board of Columbia’s Law School’s Center on International Commercial and investment Arbitration. He currently works with the New York University Law School’s Center for Justice. He lectures on third party finance and participates in conferences and presentations at various law schools in the U.S. and U.K. (including Harvard Law School, Columbia Law School, Oxford Law, and the University of Iowa Law School), and at various Institutes (such as the RAND Institute of Civil Justice, and at LEXIS NEXIS programs on litigation costing and funding). He has authored many articles and papers in the industry, (see www.fulbrookmanagment.com for references to lectures, presentations, articles and papers), the Fulbrook Primer on Third Party Finance of Commercial Claims, and the Fulbrook Snapshot on Third Party Finance of Commercial Claims. He is regularly referred to and cited in the media. (See www.fulbrookmanagement.com) Mr. Seidel is a graduate of the University of Chicago (B.A. in Economics, 1964), J.D. Berkeley School of Law, 1967, member of Law Review), and University of Oxford, 1968, Diploma in Law).

© Copyr ight, 2015

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M&A Law Firm of the Year – India Fortitude Law Associates is a full-service law firm where lawyers from diverse backgrounds have integrated their intellectual capital to provide clients with well-rounded and effective legal advice. The firm focuses on representing clients having business interests in India on all aspects of Indian laws and regulations affecting their industries and specializes in strategic legal and regulatory advice coupled with industry expertise in an integrated manner. Fortitude Law Associates focuses on niche areas in which the firm provides significant value and is invariably involved in select highly complex, innovative transactions. Mr. Mahajan has been ranked as a leading practitioner in the Corporate (Merger & Acquisition) area by Chambers Asia, 2009. He was recognized as regulatory counsel in the Telecommunications, Information Technology and Media Industries, Who’s Who Legal, 2007, 2008 and 2009; as well as being noted as a Communications and Financial Services specialist, Legal 500, 2008. Mr. Mahajan's practice focuses on the corporate and commercial laws of India with emphasis on cross-border transactions. Mr. Mahajan advises on mergers and acquisitions, securities laws, financing laws, telecommunications and IT regulations, investment regulations, entry strategies for multinationals and general advice on corporate and commercial laws. Mr. Mahajan has negotiated and advised on multi-jurisdictional joint-venture and shareholder agreements, technology transfer agreements, financing documents, investment agreements, corporate due diligence matters, assisted on public tender offers, and advised on corporate and commercial laws. He has also represented companies in various industries, including aviation, banking, entertainment media, software technology, satellite, telecommunications, textiles and venture capital funds. Mr. Mahajan is admitted with the Bar Council of India and New York Bar Association as a Legal Consultant. Fortitude Law Associates has strong relationships with various international law firms – which has enabled Fortitude Law Associates’ to provide legal counsel carefully nurtured to their clients’ global requirements and because of which Fortitude Law Associates, today has key clients which include marquee repeat Fortune 500 clientele, of which more than 60% are US corporations. Contact Details: Rahul R Mahajan RMahajan@fortitude-law.com Phone: 91.22.49151116


International Employment Law Firm of the Year – Global Seyfarth Shaw LLP is an 800+ lawyer firm with global reach and unparalleled capabilities in international employment law. The firm’s team of specialist international employment lawyers is the largest of its type globally, and its practice is acknowledged as one of the world’s leading practices in the area. All the partners in the international practice are internationally-trained, and each has assisted many of the world’s largest companies with numerous complex and high-profile global employment-related strategic, compliance and transactional projects across a wide range of industries. The team has experience across more than 170 countries and has worked on projects covering up to 150 countries at one time. Seyfarth’s international employment team is located in key global locations and provides a true crossborder expertise. Its unique service model has been developed over a number of years and is very well tested by many of the world’s largest companies. The team’s success is the result of a constant, unrelenting focus on the needs of its clients and a commitment to excellence using the strength of an integrated team-based approach to deliver international employment law services in a creative, innovative and commercial way. Seyfarth’s international employment law team has assisted in more than 100 international acquisitions/workforce integrations. In each of these transactions, the team was appointed by the client to provide specialist international employment advice where other firms were the client's appointed transactional counsel. This is a testament to the profile and capability of Seyfarth’s international employment practice. The experience and credentials of Seyfarth’s international practice have led to its reputation as a global leader in the practice of international employment law and have positioned the team as ‘go to’ advisors for large multinational companies requiring strategic employment advice covering their global operations. Key areas of experience and expertise include:

Employment and labor issues arising from international mergers and acquisitions

International outsourcing arrangements

Multi-jurisdictional privacy/data protection and employment law compliance issues

Terminations – individual and large scale reductions in force


Employment and contingent workforce arrangements and documentation

Employment-related privacy and data protection

Protection of employers' proprietary and confidential information

Structuring and implementing employment related strategic initiatives on a multijurisdictional basis

Workplace harassment, anti-discrimination and equal opportunity law matters

Workplace policies and handbooks

International workplace investigations

Contact Details Key Contact: Darren Gardner – Chair, International Practice Firm: Seyfarth Shaw LLP Email: dgardner@seyfarth.com Tel: +1 (415) 544-1018 Website: www.seyfarth.com


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

Robert J. Scott Managing Partner 214.999.2902 rjscott@scottandscottllp.com 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 214.999.2905 jfulks@scottandscottllp.com 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.

Practice Areas  Intellectual Property  IT Transactions  Software Audits  Software Licensing & Disputes Representative Matters:


Defended more than 300 small and medium sized businesses in software audits initiated by BSA | The Software Alliance. Defended many small architectural firms against allegations of software piracy by Autodesk's outside counsel, Donahue Gallagher Woods in connection with the alleged over-deployment of AutoCAD Ž software. Represented a Texas based energy company during its merger and acquisition activities by negotiating new ERP and associated technology agreements for use by the spin-off entity. Drafted a web services advertising agreement for a large financial institution needing to embrace new marketing opportunities while at the same time protecting its intellectual property. Represented national provider of cloud based data exchange for the medical industry in an Oracle audit focused on Oracle’s server technology products. Represented global snack food and beverage company in audit conducted by Deloitte related to IBM datacenter software including DB2 and WebSphere. Defended global semiconductor manufacturer in multiple volume-licensing audits initiated by Microsoft. Assisted leading non-profit Texas hospital chain with negotiations to resolve contested findings in a Microsoft-funded licensing true-up review and to negotiate custom amendments to Microsoft Enterprise Agreements following a large corporate merger. Defended SaaS solutions firm both in a Microsoft SPLA audit and in a separate volume-licensing audit affecting other hosted solutions. Advised global travel technology company with Microsoft Enterprise Agreement true-up obligations. Represented San Francisco based mortgage industry software-as-a-service provider in copyright infringement matter filed with the American Arbitration Association. The case involved breachof-license and copyright infringement claims arising from alleged reverse engineering of the licensed software.


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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. 4. 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, enduser 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


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


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, a member of the Regional Panel of the Singapore International Arbitration Centre (SIAC), and a fellow (FSIarb) of the Singapore Institute of Arbitrators. Dr. Ganie has more than 30 years of legal experience, and specializes in commercial transactions and commercial litigation, including alternative dispute resolution and has acted as an expert in a number court and arbitration proceedings. His expertise covers general corporate/company law, banking law, finance, bankruptcy and restructuring, mining, investment, acquisitions, infrastructure projects/project finance, antitrust, and shipping/aviation, with a particular focus on corporate governance and compliance. Founding Partners: Mr. Timbul Thomas Lubis heads the Lubis Ganie Surowidjojo litigation section. Mr. Lubis specialises in commercial transactions and company law, as well as labour, property and real estate law. Dr. Mohamed Idwan Ganie is the Managing Partner of Lubis Ganie Surowidjojo. Dr. Ganie specializes in commercial transactions and commercial dispute resolution, and has a focus on corporate governance. Mr. Arief Tarunakarya Surowidjojo specializes in corporate law and has acted as the lead lawyer in hundreds of IPOs, rights issues and other capital market transactions, and more than 100 M&A deals. Partners: Mr. Abdul Haris Muhammad Rum’s field of expertise includes general corporate, restructuring, capital markets, M&A, project finance, syariah, and oil and gas law. Mr. Harjon Sinaga has a strong general corporate background and specializes in commercial litigation, concentrating in the fields of bankruptcy and antitrust. Mr. Rofik Sungkar’s practice focuses on litigation, debt restructuring and general corporate law. Ms. Dini Retnoningsih specialises in corporate transactions. Mr. Mochamad Fajar Syamsualdi specialises in M&A. Mr. Ahmad Jamal Assegaf specialises in restructuring, investment, M&A, and telecommunications.


LGS has over a hundred lawyers and experience representing a diverse range of clients, including domestic and multinational corporations, public and private companies, Government instrumentalities and State Owned Enterprises. Dr. Ganie’s international commercial transaction and litigation clients include: Goldman Sachs (US), Temasek Holdings (Singapore), Hutchison Whampoa (Hong Kong) and Mitsui (Japan). Our unique selling point is the combination of our long-standing commercial law practice and our premier litigation department that has extensive experience in dealing with commercial disputes in the context of alternative dispute resolution as well as litigation in the Indonesian courts. This allows our corporate transaction departments to benefit from such litigation experience to ensure that any transactions handled by the firm are carried out with a view to the potential for future disputes and any existing risks. Particularly in the natural resources sector the recovery expectations were at times too optimistic, which stymied activity due to a mismatch in expectations, and therefore prospects and valuations between sellers and buyers. This situation is starting to correct itself and we are in fact seeing more activity, including in distressed situations. In other sectors there has been concern over potential for a more significant downturn that would also significantly affect the Indonesian market, and specifically hesitation regarding the 2014 elections, which have now passed without upheaval. The market is working through these issues, and with the elimination of the election uncertainty and the eventual stabilization of the world economy we expect to see growth in 2016. For transactions to be successfully agreed, and even more importantly to be successfully implemented, in current circumstances it is important to design transaction structures in such a way so as to reflect the parties’ expectations. This may mean structuring a deal in such a way that a party with an optimistic view will be able to benefit should such hopes materialize, while the more conservative party’s costs are kept low in the event that the more pessimistic view becomes the reality. Ultimately, the key is managing expectations and making sure the parties’ interests are accurately reflected. 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


Financial Analysis Firm of the Year - USA Demotech, Inc. is a financial analysis firm located in Columbus, Ohio. Since 1985, Demotech has been serving the insurance industry by providing actuarial consulting as well as accurate and proven Financial Stability Ratings® (FSRs) for Property & Casualty insurance companies and Title underwriters. FSRs are a leading indicator of the financial stability of an insurer. In 1989 Demotech became the first insurer rating services in the United States to review and rate independent, regional and specialty insurers based upon the company’s execution of its business model and not its size. The rating process provides an objective baseline as well as insight as to the financial stability of an insurer. Demotech levels the playing field by offering FSRs to insurers of all sizes. Demotech distinguishes itself from other rating services in many ways. Four distinguishing characteristics are the industry experience of our analysts, long tenure of our analysts, our focus on an insurer’s business model rather than its size, and the transparency of our analysis process. In total, our four primary analysts average more than 30 years of progressively responsible insurance experience. Furthermore, the same four primary analysts average more than twenty years of tenure with Demotech. As a result, carriers that contact Demotech can be assured of comparable treatment, institutional memory and consistent outcomes due to the professionalism and tenure of our staff. As noted, our analysts, including myself, are experienced professionals. I am an actuary with forty years of insurance and financial analysis experience. Sharon Romano Petrelli, co-founder of Demotech, has earned the designations of CPCU, AIAF, CCP and ARC. She has served on the board of an insurer as well as the board of governors of the CPCU Society. She has thirty years of insurance experience. Barry J. Koestler, II, Chief Ratings Officer, a Chartered Financial Analyst, has more than twenty years of insurance and financial analysis experience including rate filings, loss and loss adjustment expense reserving and financial analysis. He has coordinated the development and monitoring of FSRs since 1996. Robert M. Warren, CPCU, CPA, Client Services Manager, has served as the chief financial officer of several insurers. His forty years of experience includes more than ten years with Demotech. Although other rating agencies seem fascinated by the size of an insurer and its diversification, neither size nor diversification has kept insurers out of liquidation. In fact, some of the largest insolvencies in the history of insurance were substantial publicly traded carriers that touted their diversification. As such, Demotech focuses on a carrier’s business model and its execution of that model. In 2007 we introduced our Company Classification System to initiate dialogue on business models. A Comment from Joseph Petrelli: “I am the President and Founder of Demotech, Inc. Organized in 1985, Demotech is a Columbus, Ohio based financial analysis company. Demotech reviews and rates more than 420 carriers domiciled in the United States. Our clients include larger, publicly traded carriers as well as regional insurance companies, title underwriters, risk retention groups and specialty insurance markets. Financial Stability Ratings® of A or better are accepted by the secondary mortgage marketplace, virtually all mortgage lenders and an increasing number of umbrella insurance markets, insurance agents errors and omissions insurance carriers, reinsurance carriers and other informed third parties. Prior to forming Demotech, I was employed by Nationwide Mutual Insurance Company, Countryway Insurance and ISO. I am a member in good standing of the Casualty Actuarial Society, American Academy of Actuaries,


the Conference of Consulting Actuaries and the Society of Actuaries. I graduated from The College of Insurance and have an MBA from The Ohio State University.” In addition to our efforts reviewing and rating insurance carriers, two of our clients during 2015 were the State of Ohio Office of Risk Management and State of Iowa Title Guaranty Division. When these public entities needed experienced, credentialed actuaries to assist them with the pricing and evaluation of their casualty insurance exposure and title guaranty exposure, respectively, our actuaries were the first choice. Recent acknowledgements of our insurer rating capabilities include HUD’s re-affirmation of our acceptance in its Section 232 Handbook and expanding our acceptance to its Section 241(a) program, Fannie Mae Multifamily acceptance of risk retention groups and captive insurers rated A or better, our nomination for Intelligent Insurer’s Global Award – Best Rating Agency (2014 and 2015) and securing the ACQ5 award for US – Niche Financial Analysis Provider – Insurance, two consecutive years, 2014 and 2015. In addition Demotech was nominated for the Rating Agency of the Year at the fall 2015 Reactions North America Gala. We were also honoured with the Florida Association for Insurance Reform’s Founder’s Award at its 2015 annual meeting. More recently we secured the Financial Monthly – M&A Awards 2015 – Financial Analysis Firm of the Year – USA and the Corporate Vision – Corporate Excellence Award 2015 – Best Evaluator of US Regional and Specialty Insurers & Sustained Excellence in Insurer Financial Analysis. Our clients operate in an environment dominated by low interest rates and the pressure of same on earnings yet many of our insurer clients benefit from alternatives to insurance and reinsurance. Additional coverages, such as cyber liability, data breach, and gap coverages associated with addressing the need to supplement personal automobile insurance policies for commercial use associated with transportation network companies focused our experienced, professional insurance company analysts on a collaborative role with clients. Our analysts are well versed in the traditional aspects of insurance and reinsurance. Concurrently, as educated professionals they were comfortable with the development or analysis of creative strategies and products to address emerging consumer needs. Our experienced and credentialed analysts often provided clients with peer review and independent feedback on several aspects of the client’s current and future operations. Demotech is focused on continuing to grow and serve our current and our future clients. With a team of experienced, credentialed professionals, we are uniquely positioned to address the current as well as the emerging issues that must be addressed. In May 2016, we will host a seminar addressing the needs of regional and specialty carriers in the important areas of product development, client retention, and the identification and response to emerging issues.

Contact Details: Joseph Petrelli Demotech, Inc. 2715 Tuller Parkway Dublin, Ohio 43017-2310 Main: (800) 354-7207 Direct: (614) 526-2160 FAX: (614) 526-2161 JPetrelli@demotech.com www.demotech.com


Product Liability Law Firm of the Year – Asia A leader in global litigation management, Carroll Burdick has over 60 lawyers on three continents, speaking more than 16 languages including German, English, Mandarin Chinese, French, Latvian, Romanian, Russian and Spanish, with over 20 percent of the firm’s lawyers having legal educations in two or more countries. This unparalleled experience provides the cultural insights necessary for effectively working with international clients to meet their business goals. Founded in 1948 by three highly respected San Francisco lawyers—Jack Dale Burdick, Francis Carroll and Richard McDonough—Carroll, Burdick & McDonough LLP has enjoyed a stellar reputation for providing legal excellence, creativity, intellectual aggressiveness, and client confidence for over 65 years. Practice Areas: Appellate Class Action

Patent and Intellectual Property Litigation

Commercial & Business Litigation

Pharmaceutical & Medical Device Litigation

Construction Litigation

Privacy and Data Security

Consumer Litigation Defence

Products Liability

Corporate, Finance & Commercial Law

Real Estate

Emerging Companies & Venture Capital Employment Litigation Financial Institution Practice Food and Beverage Litigation German Practice Insurance Coverage Litigation Intellectual Property International Business Mass Tort Litigation Media & Entertainment Law Mergers & Acquisitions

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Renewable Energy Technology


David Goh, managing partner at its Asia practice, has significant experience in large, complex and international commercial disputes, with particular emphasis on corporate issues and product liability matters. He also advises clients on regulatory matters, compliance, and antibribery/corruption cases, including the Foreign Corrupt Practices Act and the UK Bribery Act. His experience includes leading or coordinating investigations on behalf of both corporations and regulators, as well as advising or acting in the defence of any prosecutions. In his more recent roles in senior management at various multinational corporations, Mr Goh developed significant experience in handling corporate and commercial matters, in particular, M&A transactions across the Asia Pacific region. He has developed proven methodologies in assisting companies to coordinate and manage their in-house and external legal service and continues to be consulted on such matters. “Some cases carry more strategic weight than others. When your markets are threatened, when your business model is under pressure, when your operations are attracting lawsuits, then legal matters are no longer just about favourable results—it’s about your company’s core mission. At Carroll Burdick, we’re known for helping companies with matters of strategic value.”

Contact Details David Goh CARROLL, BURDICK & McDONOUGH LLP

Suite 5904, 59/F Central Plaza 18 Harbour Road Wan Chai Hong Kong SAR Tel: +852.2511.1040

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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. 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.

• 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


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