Editorial: Commercial Litigation

01 December 2007

MAJOR FIRMS

Dispute resolution is a central part of the service that law firms offer their clients, and this often takes the form of commercial litigation. The research for this chapter identifies 466 individuals in 50 countries as litigators of the highest proficiency, reflecting the depth and geographical breadth of the expertise in this field of law.

As in previous editions, Herbert Smith LLP stands out at the head of the research. It has been in the news for representing BSkyB in its legal action against EDS; Cambridge Antibody Technology in its successful High Court action against healthcare and pharmaceutical company Abbott; and the US Securities and Exchange Commission (SEC) in relation to proceedings in the Isle of Man to recover the proceeds of a securities fraud involving AremisSoft corporation. It is the only firm to earn more than one inclusion in the list of the practice area's elite individuals, and its eight representatives listed here are based in London and the Far East. The majority are in the former, with senior partner David Gold regarded as "outstanding" for his large-scale international work. Gold represented Abbey National Treasury Services in litigation arising out of the Barings collapse, and Amstrad in its successful claim against leading disc-drive manufacturers Seagate Technology. Held in equal esteem is the head of dispute resolution, Sonya Leydecker. A "phenomenally talented individual", her banking litigation stood out, as did her contentious regulatory work; she has acted for clients in investigations by the UK's Financial Services Authority (FSA), Serious Fraud Office and Her Majesty's Revenue and Customs, as well as the New York District Attorney and the US Department of Justice. She is known for her work on behalf of Guinness and for Price Waterhouse in relation to litigation brought by the BCCI liquidators. The "constantly impressive" Ted Greeno is also known for his energy-related litigation work, and has acted for clients such as United Gas, Shell, Esso, Enterprise and Elf Enterprise. His work in engineering and construction disputes also attracted admiring comment.
Also based in the London office, Simon Bushell is a "very fine lawyer" who leads the firm's corporate fraud, investigations and asset recovery practice. Bushell is responsible for establishing the firm's Russian dispute resolution practice, and his knowledge of the Russian market is "second to none". He has represented the Central Bank of the Russian Federation and Gasprom Media in recent years, and "stands comparison with anyone" in the eyes of our sources. Adam Johnson is the fifth and final featured partner from the London office. "Internationally recognised" for his banking and financial services disputes work, he represented the US SEC in major fraud enforcement proceedings in the Isle of Man as well as the UK partners of Arthur Andersen in proceedings in the US relating to the collapse of Enron and WorldCom.
Herbert Smith also maintains a strong presence in the Far East, with three featured partners in two offices. Graeme Johnston leads the mainland China-based dispute resolution practice and is a "superb ally to clients" in cross-border disputes, in both litigation and arbitration proceedings. Peter Godwin heads the dispute resolution practice in the Tokyo office and advises a range of clients on English and Hong Kong law, while his arbitration expertise was also acknowledged. He is joined in these pages by the "excellent" Dominic Roughton.
The majority of Clifford Chance's nine featured partners are based in Europe, with further representation in Russia and Hong Kong. Three are in England, led by London managing partner Jeremy Sandelson. An "authority" in this area, he was picked out for his securities disputes and M&A litigation work in particular. The firm's head of public policy Michael Smyth is also highly rated, as is Simon Davis, a "highly effective litigator" and president of the London Solicitors Litigation Association. Three further partners appear from the firm's Frankfurt office. Fabian von Schlabrendorff is head of the European litigation and dispute resolution practice and a "leading light in this field", praised for his litigation and arbitration work in corporate and construction matters in particular. Uwe Hornung is a "very able counsel" in both litigation and arbitration, while Burkhard Schneider is regarded as a "leader in the field". Madrid-based José Antonio Caínzos gives the firm a presence in the Spanish section, while Timur Aitkulov was once again the only lawyer in Russia to receive sufficient nominations to be included. Martin Rogers was the most highly regarded individual in the Hong Kong research. Head of litigation and dispute resolution in Asia, he was repeatedly praised for his "first-class complex contentious work and expertise in multiple methods of dispute resolution".
Close behind these two leading players are three further firms, each with seven featured partners. Freshfields Bruckhaus Deringer's contingent is exclusively based in Europe, with the majority in London. Paul Bowden's expertise in this area is well documented; he also appears in our Product Liability and Environment chapters. Described as an "amazing lawyer", he is recognised for his "incredible depth of knowledge" concerning public health issues, including challenges to the operation of the THORP nuclear reprocessing plant and to the activation of the National Grid Company's north London inter-connector. Raj Parker "maintains a high profile in the local market", and is co-head of Freshfields' financial institutions group. He was commended for his insurance disputes work in particular. He acted for Marsh & McLennan investigating the placing of insurance business in the UK, as well as for for Lloyd's on its reconstruction and renewal programme and for Equitas, Aon Group, Swiss Re, AIG and Marsh in reinsurance disputes. Christopher Pugh is head of the energy dispute resolution group and "a shrewd and effective performer". He represented Hutchison Whampoa in a shareholder dispute in the English High Court, and is also known for his representation of Lehman Brothers in actions arising out of the collapse of the Maxwell Group. The fourth and final featured partner from the London office is Andrew Hart, head of the dispute resolution banking and financial services group. "Outstanding" for derivatives and securities-related disputes, he was also picked out for his regulatory expertise, particularly in relation to FSA investigations. Elsewhere, Rolf Trittmann appears from the Frankfurt office and was described to researchers as a "tough litigator as well as a first-class arbitration expert". Elie Kleiman in the Paris office is "very experienced in corporate and banking litigation", while Vicente Sierra is based in Madrid and is responsible for the firm's Spanish dispute resolution practice. A "highly capable individual", he is internationally known for his product liability work.
Allen & Overy LLP also has seven of its partners listed on the following pages. Six are based in Europe, with two apiece in England, Belgium and the Netherlands. In the former, Guy Henderson is an "absolute star", recognised both domestically and overseas as "one of the premier lawyers in this area". Tim House is "consistently excellent across a wide range of disputes in the banking and finance sector". An "expert on derivatives disputes", he also represents several leading US and European banks. Luc Demeyere in Antwerp is "highly skilled in all types of dispute resolution", while from the Brussels office the "top-tier" Koen Van den Broeck heads the litigation and contracts department and is well known locally for his work on the Swissair-Sabena corporate dispute, as well as for his involvement in distribution disputes. Willem van Baren is head of the litigation and arbitration department in the Amsterdam office and "extremely impressive", while Arnold Croiset van Uchelen is a new addition to this edition and acted for Tele2 in the litigation on its bid for Versatel. The final featured individual from A&O is also one of their most highly rated - Louis ‘Benno' Kimmelman in New York. Described as "hugely impressive both in the courtroom and in arbitration proceedings" (he also appears in our Arbitration chapter), he was recognised for his general commercial and construction dispute expertise.
Linklaters LLP has five partners featured. Like Freshfields, all are based in European offices, and three are located in London. The "immensely experienced" Christopher Style QC has appeared in multiple proceedings before the English courts and is also well regarded for his arbitration knowledge, while Diana Good's financial services and her tax litigation practice attracted admiring comment. From the same office, John Turnbull was frequently recommended for his contentious M&A work, as well as on all aspects of corporate finance litigation. In Brussels, Johan Verbist is "quite excellent", recognised for his banking and general commercial litigation practice as well as for construction and white-collar crime related matters. Also in the Belgian capital, Jean-Marie Nelissen Grade is said to be an "elder statesman of the local corporate market".

NY EXCELLENCE

The US remains the single largest jurisdiction in this book for commercial litigation expertise, and several firms stood out for the depth and breadth of their knowledge in this area. New York is the single largest state in the research, with 36 featured lawyers, and is home to some of the finest firms and individuals in the nation. David Boies, founder and chairman of Boies Schiller & Flexner LLP, heads the list, and was described as "the complete litigator" by our sources. Widely recognised for acting as lead counsel for former Vice President Al Gore in connection with the litigation relating to the 2000 presidential election, and also for serving as special trial vounsel for the US Department of Justice in its successful antitrust suit against Microsoft, he is "virtually without parallel" and regarded as "an astonishing lawyer". Also in New York, Gregory Joseph was described as "beyond excellent" by our sources. A former chair of the American Bar Association's Section of Litigation, his "remarkable breadth of experience" includes securities fraud, takeovers, IP, fiduciary duty, federal taxation, tort and contract disputes.
Paul Weiss Rifkind Wharton & Garrison LLP leads the state in terms of numbers with four of its partners appearing, and is regarded as a "very fine firm full of admirable lawyers". Moses Silverman was picked out for his antitrust litigation, as well as for his work relating to corporate, derivative and securities disputes, and he has defended clients in civil and criminal investigations involving antitrust and securities law. Leslie Fagen is a fellow of the American College of Trial Lawyers and is widely recognised for his antitrust, insurance, IP and securities experience. Fagen obtained a successful outcome for clients ACNielsen, Dun & Bradstreet and IMS Health in an antitrust case brought by a competitor seeking over $2 billion in damages, and he was also highlighted for his "top-class" products liability-related counsel. Theodore Wells is co-chair of the litigation department and an "absolutely stellar lawyer". His profile was raised by his successful representation of political figures, including the US Secretary of Agriculture and the US Secretary of Labor, as well as corporate executives and corporations in jury trials and investigations; he acted for Exxon Mobil in an environmental prosecution, and on behalf of investment banker Frank Quattrone in the negotiation of his deferred prosecution agreement. In addition, Wells was also rated as a "phenomenally good class action lawyer", with a client list in this field that includes Merck, Johnson & Johnson, Mitsubishi Corporation, Monsanto and Philip Morris. Former chair of the litigation department, Martin Flumenbaum is a senior partner and "one of the guys you would go to with a bet-the-company case". His corporate advisory work is "much valued" by clients, and his representation of Hollinger International and American International Group has earned him high levels of recognition. In addition, he is also representing Metromedia, Weight Watchers, Fitch and others in federal securities and general commercial litigation matters.
Sullivan & Cromwell LLP stands alongside Paul Weiss with four partners in the Big Apple. The firm has an "exemplary pedigree" in this area, with Goldman Sachs, Barclays, UBS, Morgan Stanley and JPMorgan Chase among its clients. Gandolfo ‘Vince'
DiBlasi is a "highly respected" financial services litigator recognised for his work in various Enron-related matters, acting as counsel to First Boston in connection with Orange County's bankruptcy in a case brought by the SEC, and also for representing clients in litigation and investigations concerning allegedly "back-dated" options. The "very eminent" John Warden has advised and represented clients such as Amax, Bank of New York, British Petroleum and First Boston. He was repeatedly mentioned to researchers for his work on behalf of Goldman Sachs in antitrust litigation and investigations regarding the NASDAQ Stock Market, for British Airways in an antitrust case brought by Virgin Atlantic and also for Microsoft in United States v Microsoft. There are "few better than David Tulchin for high-stakes litigation" according to one source, and this is reflected in a background that includes a role as Microsoft's lead national counsel in the defence of private antitrust damages actions around the US. The fourth and final figure is Michael Cooper, of counsel to the firm and "one of the all-time greats". Former president of the Association of the Bar of the City of New York, Cooper is also past president and a member of the board of regents of the American College of Trial Lawyers and "the source of learned, practical and often invaluable advice" to clients.
Cravath Swaine & Moore LLP has three highly rated partners featured. "One of the top disputes lawyers in town", Paul
Saunders was commended for both his litigation and arbitration work in the fields of antitrust, securities, employment discrimination and IP. Robert Joffe is viewed as a "legend" by his peers, who pointed to his representation of Time Warner at the FTC in connection with its merger with AOL and other matters, as well as his competition work, such as representing Sprint in the Nextel transaction. Like Joffe, the firm's presiding partner Evan Chesler also appears in our Competition chapter. He has been lead counsel in antitrust, securities, IP and other commercial cases for the likes of IBM, Time Warner, Xerox, DuPont and GlaxoSmithKline and is regarded as a "giant" and "one of the pillars of the NY legal community".
Davis Polk & Wardwell is home to three "titans of NY litigation". Robert Fiske "lives up to his reputation as a class act". He has represented General Electric, Exxon and Bankers Trust in securities actions, and is also well known for his product liability expertise - he successfully defended a $4 billion suit arising out of the Three Mile Island accident - and his antitrust work includes acting as co-counsel in the successful defence of the National Football League against a suit brought by the US Football League. Daniel Kolb is a former president of the New York Bar and "casts a long shadow", while his work on behalf of clients such as major accounting firms, industrial corporations and financial institutions were rated highly. Robert Wise's securities litigation practice also received rave reviews; he successfully defended a major underwriter in the MiniScribe securities fraud trial, and represented a series of issuers in federal securities law Rule 10B-5 class actions. He was also commended for his antitrust-related work, and has represented Morgan Stanley, JPMorgan and DLJ in antitrust and securities law investigations, litigation and settlement negotiations.
Simpson Thacher & Bartlett LLP is "unquestionably one of the best firms in town", and boasts three highly rated partners featured here. Barry Ostrager is head of litigation and "one of the highest profile litigators in the US, if not the world". Renowned for his work as lead trial counsel for Swiss Re in the insurance coverage dispute involving the World Trade Center, he has also represented JPMorgan Chase in a breach of guarantee contract action against Motorola, and is recognised for his successful representation of Matsushita in the US Supreme Court. Roy Reardon is a "fantastic trial lawyer" who has argued in the US Supreme Court and was picked out for his antitrust, product liability and securities related knowledge. Michael Chepiga is a veteran of securities litigation cases involving AIG, HealthSouth, Hollinger and others, and is also experienced in litigation arising from corporate transactions including SunGard Data Systems, Instinet Group and Wachovia.
Wachtell Lipton Rosen & Katz is another "NY corporate powerhouse" with three nominated partners. Like Simpson Thacher, the firm was involved in the World Trade Center litigation, representing Silverstein Properties, the 99-year lessee of the WTC, in litigation against more than 20 insurance companies. Other matters that were brought to the attention of researchers include successfully defending Campbell Soup and affiliates in a fraudulent conveyance and breach of fiduciary duty lawsuit, representing Goldman Sachs in expedited litigation concerning the multi-billion dollar LBO of Kinder Morgan and the defence of a range of shareholder class or derivative actions against clients such as Sears, Morgan Stanley, Tommy Hilfiger and Monster Worldwide. Herbert Wachtell is a "legend in his own lifetime", while Lawrence Pedowitz is regarded as "tremendously smart and equally effective", and his regulatory and white-collar expertise attracted high levels of praise. The "very distinguished" Bernard Nussbaum was counsel to the US president during the Clinton administration, and his corporate and securities litigation skills are "second to none".

UNITED STATES LEADERS

King & Spalding LLP is one of the leading US firms, with four partners included from two states. The firm has represented the Bank of New York, ChevronTexaco, the Coca-Cola Company and Lehman Brothers, and it is home to a "highly effective group of litigators". Three of the featured lawyers are based in the Atlanta office. Interviewees spoke in glowing terms of Chilton Davis Varner, who was described as "first class" and represents GlaxoSmithKline as national coordinating counsel and lead trial counsel in product liability litigation involving GSK's antidepressant Paxil. Senior litigation partner Joseph Loveland has been active in both state and Federal courts on behalf of Coca Cola, Imperial Tobacco and Texaco and continues to enjoy "a fantastic reputation". Daniel King, in Atlanta, focuses his practice mainly on tax and bankruptcy disputes. Managing partner of the Houston office, Robert Meadows gained praise for his "top-tier" practice, which focuses on areas such as energy, environment, product liability and toxic tort litigation. He has defended clients such as oil and gas companies, construction and engineering companies and product manufacturers in tort litigation.
The New York office of Hughes Hubbard & Reed LLP is home to the "very strong" Steven Hammond, who co-chairs the international practice. His transnational litigation experience includes the defence of a ship classification company in connection with claims in excess of US$1 billion for oil pollution damage, and a multinational oil company in sensitive payments litigation. John Fellas, like Hammond, also appears as a leader in our Arbitration chapter, and is described as a "fantastic all-round lawyer". The third featured lawyer is George Davidson, a "quite brilliant disputes lawyer". He has argued appeals in the US Supreme Court, as well as several federal courts of appeal, state supreme courts and further cases throughout the country. Two of Debevoise & Plimpton LLP's three featured partners are from the New York office. David W Rivkin is "out of the top drawer" for both litigation and arbitration, and has represented General Electric, ExxonMobil, PricewaterhouseCoopers and Philip Morris, among others, in successful or favourably settled arbitrations or litigation matters. A former director of the Nasdaq Stock Exchange, Mary Jo White is chair of litigation and "exceptionally highly rated" in the New York market. She was picked out for her white-collar crime defence work, and is known for her work in the securities fraud area as well as for high-profile terrorism and racketeering-related cases. The firm's presence in this book extends to London, where Peter Rees is one of the most highly nominated individuals overall. He has a "superb legal mind" and was especially recommended for his international construction disputes work in both litigation and arbitration - he is one of a small group of individuals to appear as a leading figure across three chapters.
Based in Texas, litigation boutique Susman Godfrey LLP is nationally recognised, and significant settlements for clients such as Novell and Enron have earned the firm a reputation that is "hard to match". Name partner Stephen Susman is one of the leading litigators in the world, and was described as an "excellent, steadfast" lawyer who is "aggressive in the very best sense of the word". Susman is locally known for his successful representation of a coalition of 37 Texas cities opposing the permitting of coal-fired electric generating plants by TXU, leading to the suspension of the permit application of TXU's new purchasers. Susman also practises out of New York where he is joined in our findings by Bill Carmody. Carmody received a raft of nominations from both clients and peers who noted he combines "commerciality, practicality and pragmatism with first rate technical skills". The "world-class" Lee Godfrey also elicited high praise for his "top-tier" practice in Houston and "great courtroom presence".
Baker Botts LLP can point to three partners in the final listing. Two hail from the Houston office; Irvin Terrell and Daryl Bristow. The latter is regarded as an "exceedingly capable trial lawyer" who "shines in high-profile cases" such as the defence of George W Bush and Richard Cheney in the Florida state court election contests regarding balloting for the 2000 presidential election. The former is described as a "titan" with a "formidable reputation" in antitrust, contracts, fiduciary duty, election disputes, IP and securities matters. In addition, William
Jeffress in the Washington, DC office has tried over 30 complex civil and criminal cases before juries in nine different states as well as his home district, and his white-collar criminal defence work also attracted admiring comment. The leading firm in Washington, DC is Williams & Connolly LLP with three featured partners. David Kendall is "immensely experienced", having appeared in trial courts in 22 states and argued appeals in six federal courts of appeal, seven state supreme courts, and the US Supreme Court. Brendan Sullivan is "extraordinarily able", and is known nationwide for his representation of Lt Col Oliver North and former Secretary of Housing and Urban Development Henry Cisneros in white-collar crime cases. John Vardaman has a "well deserved reputation for excellence" and was described as a "go-to guy" for mass tort and mass disaster claims.

EUROPEAN EXCELLENCE

Several other firms and individuals performed will in the European research. Slaughter and May is a "world-class law firm", and boasts two partners from the London office in the final reckoning. The "exemplary" Nick Archer is recognised for the international dimension to his practice, and he has coordinated litigation in India, Egypt, Turkey, France, Germany, Russia and the UAE. Our sources also spoke highly of Nick Gray - "working with him is always an extremely positive experience" - and he recently worked on the Impregilo (& others) v Lesotho Highlands Development Authority case in the House of Lords concerning the ability of the courts to interfere with arbitral awards.
Elsewhere in the English research, four of the five lawyers from Lovells LLP that appear here are based in London, with Patrick Sherrington leading the way. Head of the global dispute resolution practice, he is a "very fine individual" who was recommended by sources worldwide; he has appeared in Hong Kong and the European Court of Justice in Luxembourg, and also has a High Court advocacy licence in the UK. The "sensational" Christopher Grierson is renowned for his insolvency expertise, he acted for the liquidators of BCCI and also led teams working on the liquidations of Laker Airways and Mentor Insurance. Graham Huntley is "a real talent" and his M&A and asset management dispute work is regarded as "formidable" by his peers. Neil Fagan heads the firm's public policy unit and is known for his regulatory knowledge as well as his litigation skills. The inclusion of Alexander Loos from the Dusseldorf office gives Lovells an appearance in the German research, and he possesses an "excellent reputation for dispute resolution", as well as being a veteran of more than 80 arbitration cases.
Stibbe is one of the best represented firms in the European research, with four nominated lawyers. Three are based in the Netherlands - a contingent unmatched by any other firm in the country. The "impressive" Jeroen Fleming represented Royal Sun & Alliance in Dutch court proceedings in an insurance dispute between a group of insurers and Philips. Toni van Hees was repeatedly commended to researchers, as was Fons Leijten, who has represented Reed Elsevier NV and Belgacom in both arbitration and litigation disputes. The fourth partner is Jean-Pierre Fierens, who is based in Brussels and is one of Belgium's most highly rated individuals, recognised for his "first-class understanding" of corporate law and for dispute experience that includes work as a CEDR (Center for Effective Dispute Resolution) accredited mediator.
Homburger is the only firm to gain three places in the Swiss research, and Markus Wirth stood out as a "tough opponent" in the eyes of his peers. Also a highly rated arbitration expert, Wirth is joined by two colleagues in the Zurich office. The "excellent" Thomas Müller was described as an "authority on employment disputes", and he was commended for his work as counsel in arbitration proceedings, as was Balz Gross, a new addition to this year's edition. Also in Zurich, Schellenberg Wittmer is home to the highly rated Nathalie Voser and the "brilliant" Martin Bernet, one of the most highly nominated individuals overall. Praised for his international litigation expertise, he was commended for his work in relation to private banking disputes, corporate liability, insurance, enforcement of foreign judgments and asset recovery. Elsewhere, the achievements of Darrois Villey Maillot Brochier in France should be noted. With three partners included it has more than any other firm, with Jean-Michel Darrois regarded as "one of the very best". Matthieu de Boisséson's arbitration and litigation skills were much praised, and Philippe Villey is thought to be a "very eminent practitioner".

REST OF THE WORLD

The Canadian litigation community is well represented, with 33 individuals picked out as leaders in the field. Two firms stand out, each with three lawyers featured. Lenczner Slaght Royce Smith Griffin LLP is home to Alan Lenczner QC, an "absolutely extraordinary litigator" listed among the elite practitioners worldwide. Ronald Slaght QC is managing partner and rated as the "one of the best in town" in the areas of administrative, real property, IP and medical law. Peter Griffin completes the triumvirate. A fellow of the American College of Trial Lawyers, he is "tremendously skilled" in commercial securities, professional negligence and competition litigation in particular. All three name partners from Lax O'Sullivan Scott LLP appear in this book. Clifford Lax QC is "one of the leading litigators in Canada", particularly well regarded for commercial and securities disputes but also recognised as "preeminent" for insolvency, environmental and libel litigation. Terrence O'Sullivan was praised for his "client-friendly approach" and has appeared before all levels of court in Ontario, the Federal Court of Appeal and the Supreme Court of Canada, while Charles Scott was fêted for his expertise relating to shareholder issues, business reorganisations, securities and employment issues. Sheila Block is chair of Torys LLP's Toronto litigation practice and one of the most highly rated individuals both in Canada and in the research overall. Her recent clients include CanWest Global Communications in litigation before the Ontario Securities Commission and the Ontario Superior Court, Toronto mayor Mel Lastman and Pfizer in the Federal Court and Federal Court of Appeal. She is joined by the "stellar" James C Tory from the same office.
The two featured lawyers from WongPartnership stand out in Singapore. Alvin Yeo SC is the firm's "massively capable" senior partner and recently represented two international banks in proceedings against Asia Pacific Breweries (Singapore) in relation to a fraud amounting to S$120 million. Founder-consultant Wong Meng Meng SC was called a "trusted and respected name, a dean of the Singapore litigation bar" by respondents. The performance of Skrine in the Malaysian research should be noted, three of the five featured lawyers from the country belonging to that firm. Vinayak Pradhan was picked out for his construction and engineering-related knowledge, while Wong Chong Wah and Anantham Kasinather also drew admiring comment. Freehills stand out in a similar fashion in Australia. Keith Steele was deemed a "fantastic litigator", both in general commercial disputes - for clients such as Qantas, Australian Gas Light Company and Northrop Grumman/Westinghouse - and also in trade remedy cases; he has advised in matters before the dispute settlement body of the World Trade Organization. Managing partner Peter Butler has counselled clients such as Telstra, Coles Myer and ANZ, while Geoff McClellan leads the firm's tax litigation group and is a "real asset to have on your side". With experience of representing clients such as Channel Ten, Commonwealth Bank, BHP Billiton and Westpac, he is currently acting in the largest proceedings conducted in Australia, on behalf of 20 Australian and international banks in a case concerning the collapse of the Bell Group.

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