Most Highly Regarded Firms: Public Procurement 2009

• June 2009

• Public Procurement

This publication marks Who's Who Legal's first investigation of the global public procurement market and lists 247 practitioners from 56 countries.

Allen & Overy LLP exemplifies the international range of these listings, with ten lawyers listed from eight offices across Europe, Asia and the Middle East.

Three of the firm's representatives in this book are based in Dubai, where Duncan Macnab is the office's "leading light". A corporate specialist, Macnab also has substantial projects experience and frequently advises governments, sponsors and lenders in power, water and infrastructure work. Also listed in Dubai are Islamic finance expert Bimal Desai, who has worked on numerous public projects in the UAE and Oman, and Ian Ingram-Johnson, whose projects experience encompasses energy, infrastructure and commodities work. Julian Johansen is also recognised for his Islamic finance and projects work, and represents the Riyadh office.

Our listings "would not be complete without" Thomas Brown in Hong Kong. The managing partner of the firm in Asia, Brown's projects work has included advising banks, export credit agencies and sponsors in a number of sectors, including power, oil and gas and telecoms. Managing partner of the Tokyo office Aled Davies also enjoys an "excellent reputation" for his work in power, infrastructure, LNG and petrochemical projects, while Simon Black advises on government concessions and construction contracts, as well as general project development work in his capacity as managing partner of the Shanghai office.

Arent van Wassenaer is the firm's leading European procurement lawyer according to our research. Based in Amsterdam, van Wassenaer specialises in contentious and non-contentious real estate, development and infrastructure projects on both the government and private sides. John Wotton is a consultant in the firm's competition practice and heads the public procurement group from the London office. Wotton has advised clients in cases before the UK competition authorities and the European Commission. Completing the firm's listing is Helga Van Peer, whose "great reputation" is based on her work for public entities and authorities, as well as companies and banks. She has a particular focus on the construction sector.

Clifford Chance LLP is also well represented in this edition: five of the firm's lawyers from offices throughout Europe and Asia make the cut. Huw Jenkins is based in Hong Kong and was praised for his work in the infrastructure and power sectors as well as property financing. Stephen Harder is managing partner of the firm's Shanghai and Beijing offices and his recent experience includes privatisation and direct investment work in China. Two nominees are listed from the Paris office. David Preat focuses on national and international concession contracts and public procurement with a particular focus on transport infrastructure, while Anthony Giustini was praised for his financial practice. Juan José Lavilla specialises in public sector finance and public contracts work and represents the Madrid office in this book.

Two firms lead the field in South Africa: Edward Nathan Sonnenbergs Inc and Cliffe Dekker Hofmeyr. At Edward Nathan Sonnenbergs, John Bernardino Ferraz's recent work has involved advising public-sector clients in relation to the establishment of regional electricity distributors as well as rail transportation work. Joining him is Pippa Reyburn whose "great reputation" is based on transactional and regulatory work for government departments, regulatory bodies, public entities, municipalities and corporate clients. Cliffe Dekker Hofmeyr is home to Kieran Whyte, who has advised on the procurement and construction of nuclear power plants within and outside South Africa, and Claire Barclay, who supplements her public procurement work with public and infrastructure finance and restructuring of public institutions and state-owned enterprises.

Phillip Cornwell is the leading Australian practitioner in this edition and represents Allens Arthur Robinson in these pages. Cornwell has advised on major power and infrastructure projects throughout the Asia-Pacific region. Freehills provides two lawyers for our Australia list. David Templeman acts for project sponsors, investment banks, contractors and government bodies in major infrastructure, construction and engineering projects, while Patrick St John comes "highly recommended" for his finance work.

UNITED KINGDOM

With 18 lawyers from four cities making the listings, England emerges as a major hub in this discipline. Addleshaw Goddard LLP, which provides three Manchester-based attorneys for these pages, is the best-represented firm in the UK. Jonathan Davey heads the firm's commercial team and specialises in advising public and private sector bodies on the EU procurement rules as well as providing training and advice on compliance with competition law to major multinationals. The "excellent" Garth Lindrup was lead adviser to the Department of Health on procurement matters arising from the Treatment Centre programme from 2002 to 2007 and is currently lead adviser to the Department of Education in Northern Ireland in relation to the N.I. Schools Modernisation Programme. Also listed is Ruth Davies, who has advised public bodies, including the NHS, on the procurement implications of regeneration schemes, land use arrangements and the acquisition of private-sector services.

Linklaters LLP has two London partners in this edition. Bruce White is head of the firm's PFI/PPP team and is particularly well regarded for his work in the education sector having worked on the development of framework funding for the proposed Church of England Schools Programme. Oliver Black is a consultant with the firm and was recommended for his procurement and utility regulation work. Two lawyers from Norton Rose LLP's London office ranked highly in our research, with "fantastic" senior associate Totis Kotsonis receiving unanimous praise from respondents. Also listed is Mark Jones who specialises in EU competition law and regularly acts in cartel and monopoly investigations by competition authorities and also advises companies in competition and regulatory compliance. Pinsent Masons also places two representatives in our list. Ruth Smith was praised for her expertise in the competitive dialogue procedure and her experience includes advice on the procurement strategy for the UK's Building Schools for the Future initiative. Kate Rees was hailed as "one of the best" by respondents. She has handled large matters for London Luton Airport, the Metropolitan Police and London NHS trusts.

Outside London, the "brilliant" Ruth Connorton of Eversheds LLP's Newcastle office ranks highly in our research. Connorton's clients include local authorities, NHS bodies, English Partnerships and regional development agencies, and recently she has worked on the introduction of NHS Foundation Trusts and urban regeneration issues. We also feature two attorneys from Bristol: John Houlden of Burges Salmon LLP and Susie Smith of Bevan Brittan LLP, both of whom are considered "outstanding".

EUROPE

As a major centre for competition law, Brussels is home to some considerable talent in the public procurement field, though the lawyers we identify in this area are by no means limited to competition work. Ciara Kennedy-Loest of Lovells LLP boasts substantial experience of advising public sector purchasers, utilities and bidders. She was jointly responsible for drafting the EC's public procurement guidelines for contracting authorities for service and supply contracts in Eastern Europe. Herbert Smith LLP's Adrian Brown was also hailed as a "big star" in Brussels having represented London Underground, Deloitte and the Romanian Nuclear Authority in recent procurement matters.

The Netherlands is home to 13 of the lawyers we feature. At Pels Rijcken & Droogleever Fortuijn, Gert van't Hoff represents contracting authorities including the Dutch state, provinces, municipalities and water boards in construction and infrastructure projects and came "highly recommended" by peers. Also at Pels Rijcken is Maarten van Rijn whose clients include the Dutch Directorate-General for Public Works and Water Management and the Government Buildings Agency. Stibbe is home to the "very active" Joop Janssen, who is frequently called upon by government agencies for construction and infrastructure work and counts the province of Utrecht among his recent clients. Joining him is David Orobio de Castro, whose property development, real estate and concession contracts work has seen him act for the Water Board of Delfand, the Higher Region of Amsterdam and the Netherlands government, and the "brilliant" David D'Hooghe. Loyens & Loeff also fields two representatives here: Maurice Essers represents public authorities, utilities and private companies with particular focus on public transport, health care, water and energy, and he is joined by Gert-Wim van de Meent who currently sits as the professor of procurement law at the University of Amsterdam. Frederik van Nouhuys specialises in building and tender law and represents Straatman Koster Advocaten. De Brauw Blackstone Westbroek's Erik Pijnacker Hordijk also ranks highly, with peers praising his litigation work, which frequently involves complex state aid and internal market issues before the European Courts. Hans-Joachim Prieß at Freshfields Bruckhaus Deringer in Germany is "widely acknowledged to be a true expert".

Sweden is another active region for public procurement work and nine of the country's leading practitioners are included here. Anna Ulfsdotter Forssell of Advokatfirman Delphi boasts particular expertise in the life sciences and biotechnology fields and is "one of the very best" in the country, according to sources. Also ranking highly at the firm is Kristian Pedersen, who acted as legal adviser to the Swedish national board for public procurement and as a case officer with the Swedish competition authority prior to entering private practice. Three attorneys from Advokatfirman Lindahl also make the cut. The firm's most prominent practitioner, Olof Hallberg, has acted as a legal adviser to the Swedish Defence Material Administration and the real estate division of the Swedish state railway, and has extensive experience of environmental and real estate work.

NORTH AMERICA

Canada, like England, is home to 18 of the attorneys we identify, three of these are based at Blake Cassels & Graydon LLP. Considered "one of the best in Canada" by respondents to our survey, Judy Wilson's recent projects include assisting Infrastructure Ontario with alternative financing for hospitals and other public facilities as well as government contracts with respect to nursing homes, long-term-care facilities, air ambulance, tele-health and community-care access centres. Also well regarded is Anne Stewart, who has acted in major infrastructure projects for public and private companies throughout Canada, and Gordon Cameron, who has appeared before the National Energy Board, the Ontario Energy Board and other federal tribunals such as the Canadian International Trade Tribunal.

Barbara McIsaac is managing partner of McCarthy Tétrault LLP's Ottawa office and the firm's most prominent representative in these pages. McIsaac's work for private clients and government entities encompasses contract disputes and advice on privacy law, and she was described as one of the country's "most active public procurement litigators". Gordon Willcocks is co-chair of the firm's national infrastructure group in Toronto and has advised in many cases involving health-care facilities.

Rogers Joseph O'Donnell & Phillips is the best represented US firm for procurement work, and three lawyers from the San Francisco office are listed here. David Innis frequently represents information technology, high-tech and defence contractors doing business with the state of California, local and federal public entities. Co-chair of the government contracts group Allan Joseph is recognised for his contract litigation and advice work, including disputes with the government and disputes between prime and subcontractors, and he is joined by fellow co-chair Neil O'Donnell.

John Sachs of Latham & Watkins LLP is the leading US name according to our research, and is one of eight lawyers we select from Washington, DC. Sachs represents sponsors, lenders, governments and national utilities in infrastructure financing and development work, including power, water and transportation projects. At Reed Smith LLP, Jason Matechak is recommended for client counselling in competition matters, contract claims, disputes grants and cooperative agreements.

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