Most Highly Regarded Firms: Mining 2010

• November 2009

• Mining

Our research allows us to highlight the firms and individuals who are leaders of this practice area.

CANADIAN FIRMS

Canada is one of the few countries to boast a well-developed mining sector as well as a correspondingly established legal market, and this gives local firms depth of experience that puts them at the forefront worldwide.

Chief among them is Macleod Dixon. The firm leads our research in terms of number of individuals selected and number of countries in which they appear. It has represented clients such as Kazakhmys, the largest copper producer in Kazakhstan, Sutcliffe Resources and Bema Gold, and fields nine nominees including three based in its home country. Darryl Levitt in Toronto has “first-class experience” of transactions in southern Africa, while Marvin Singer is regarded as an “asset” and the experience of the “eminent” James Coleman QC is widely recognised. The firm is particularly well regarded for its international reach, an important attribute in this market. This is demonstrated by the inclusion of two lawyers apiece from the Moscow and Almaty offices. Maxim Telemtayev manages the latter and is known throughout the region, and our sources spoke highly of his colleague Yerzhan Kumarov. In Russia, Levon Kocharyan is seen as the “go-to guy”. He is ably supported by Aydin Jebrailov, who was recognised for his energy and natural resources practice. Macleod Dixon’s global capabilities are further underlined by the inclusion of the “superlative” Glenn Faass in Brazil, and by the presence of another partner in our Venezuela listing. Jorge Neher is the leading mining lawyer in the country, his clients regard him as “an invaluable resource, not just locally but region-wide. His knowledge of mining law is combined with a sharp business sense that ensures that a deal gets done.”

Fasken Martineau DuMoulin LLP is also well represented on our list. Its three Toronto-based partners are all highly rated. Michael Bourassa leads the research overall with more nominations than any other lawyer, and he is “extremely well regarded for legal skills, client list and general knowledge”. Coordinator of the global mining group, he has advised companies such as International Royalty, First Nickel and Barrick Gold. John Turner leads the group and should also be considered one of the pre-eminent mining lawyers in the world. His transactional work is “held in the highest esteem” and he is noted for his “excellent industry connections”. Chuck Higgins is also recognised as a leading transactional lawyer. He has worked at the Federal Department of Energy, Mines and Resources as a senior economist. The firm is also strong in London, where Al Gourley is particularly well known. He is also managing partner of the firm’s Johannesburg office and has a CV that includes working on many of the leading corporate finance and M&A deals in the sector, including the largest mining IPO of 2006: First Uranium. Thomas Wexler appears alongside him in London, while clients would also “not hesitate to recommend” Jean-Claude Petilon in Paris, particularly for Africa-related projects.

All four of Lang Michener LLP’s highly rated individuals are based in Canada. Darrell Podowski stood out in particular, with clients commenting on his “outstanding service; he is very knowledgeable not only about the mining industry but also about the structuring of the mining deals”. His “very practical and straightforward approach” won him many plaudits”. Two other well-regarded colleagues from the Vancouver office join him on the list, and “the very learned” William Sheridan is selected in Toronto.

The majority of Stikeman Elliott LLP’s quartet is based in Canada, with the “outstanding” Jay Kellerman rated as one of the world’s best lawyers in this sector. Leader of the firm’s practice, his securities knowledge is “beyond question”. Derek Linfield in London is an “AIM expert” and one of the English research’s most highly rated individuals.

Three further firms garner three representatives apiece. Heenan Blaikie LLP’s presence in this field is built around Steve Vaughan, “one of the best mining lawyers in the world” whose experience in this sector stretches over four decades.

At Fraser Milner Casgrain LLP, national co-chair of the mining group Brian Abraham is particularly highly regarded for all phases of the mining process, and his colleague John Sabine counts Falconbridge, Laidlaw Transportation and Meridian Gold among his clients. Frank Davis received rave reviews for his recent work on behalf of Iamgold.

McCarthy Tétrault LLP’s trio includes the “superb” Tony Knox and Richard Miner, leader of the global mining group, whose recent transactions include the acquisitions of significant mining properties in North, Central and South America, and Africa.

UNITED STATES

We identify nearly 50 lawyers from the US from 14 states. Holland & Hart LLP stands out with four partners listed. Paul Schlauch is “clearly one of the world’s best”. A past president of the Rocky Mountain Mineral Law Foundation, his disputes and transactional experience is recognised worldwide. Robert Bassett chairs the international committee of the Rocky Mountain Mineral Law Foundation, and is a former chair of the mining committee of the International Bar Association section on energy and natural resources law. “His expertise is uncontested”.

Davis Graham & Stubbs LLP has three lawyers listed in Denver. Randall Hubbard is “one of the leading experts on US mining law, if not the outright leader” and he is widely known for his work in relation proposals to amend or repeal the General Mining Law of 1872, including providing or assisting the preparation of testimony to the US Congress. Also in Colorado, Mark Nesbitt of Nesbitt & Associates LLC is “one of the best around”, while Holme Roberts & Owen LLP has two nominees, including the “fantastic” Frank Erisman.

Modrall Sperling Roehl Harris & Sisk PA is similarly well represented in New Mexico. Stuart Butzier, co-chair of the mining service group, heads a group of three highly regarded shareholders. Crowell & Moring LLP leads the way in DC with three recognised partners. Timothy McCrum co-chairs the firm’s practice group and is a former attorney-adviser with the energy and resources division of the Solicitor’s Office in the US Department of the Interior.

AUSTRALIA

Australia is a major hub for international mining work, and several local firms have a large profile. Chief among them is Clayton Utz, whose five featured lawyers position it at the head of our Australia research. Barry Irwin is a “very fine practitioner” praised for his knowledge of Asia in particular – he has advised clients investing in countries such as China, Indonesia, Thailand and Japan. Also from the Sydney office, Graham Taylor is recognised for his energy work, particularly in relation to coal. Geoff Simpson heads the Perth office and is joint head of the national energy and resources group, and is a “well-known fixture on the local mining scene”. Peter Wiese joins him, while the “very impressive” Andrew Smith appears in Brisbane.

Allens Arthur Robinson’s four nominees are spread across the country. Tony Wassaf in Sydney counts BHP Billiton, Resource Pacific and Donaldson Coal among his clients, while Scott Langford in Melbourne is joint leader of the firm’s practice group and the ‘relationship partner’ for Rio Tinto. Nic Tolé is highly regarded in Perth, while Ken MacDonald is consultant to the Brisbane office and well known as an “invaluable source of advice”. Blake Dawson and Minter Ellison Lawyers each earn three inclusions, Andrew Thompson at the latter firm standing out for his “expert knowledge of the industry inside and out”, having worked both in private practice and in corporate practice for major energy companies. Other leading figures in our Australian research include Michael Blakiston of Blakiston & Crabb, an “outstanding individual” who garnered votes from sources worldwide.

INTERNATIONAL

In a sector where geographical spread is so important, Baker & McKenzie’s global footprint sees six of its partners featured from five countries. Antonio Ortúzar Jr in Chile is “one of the best mining lawyers in Latin America”. Adolfo Duranona in Buenos Aires is also well respected, as is Roberto Mendoza in Caracas. The firm is particularly strong in the CIS. Carol Patterson is managing partner of the Moscow office and one of the leading mining lawyers in Russia according to our findings. She has advised clients such as Barrick Gold Corporation and Arian Resources on local matters and is “the first person I call for advice when I have a question about Russia”. Alongside her, Alexey Frolov is also well regarded and Azamat Chinetov gives the firm a valuable presence in Kazakhstan.

Latin America is home to several outstanding firms. Veirano Advogados has four nominees, having been strengthened by the return of Pedro Aguiar de Freitas. Formerly general counsel and secretary to the board of directors of Vale, he is an “absolute authority” in this sector. Carlos Americo Ferraz e Castro is very highly recommended, while Pedro Garcia and Alexandre Bittencourt Calmon complete the contingent from “one of the world’s top mining firms”.

In Peru, Luis Carlo Rodrigo Prado of Rodrigo Elías & Medrano Abogados “definitely knows what he’s doing”. Our sources were unanimous in their praise, with one saying: “He is not only focused in giving an answer to solve a problem, he has a wide vision of the complete picture and makes you aware of the future impacts of the decision.” In Argentina, Florencia Heredia recently moved to HOLT Abogados and took with her a reputation as “one of the finest mining lawyers in the region”. Also based in Buenos Aires, the “excellent” Ignacio Randle is once again recognised as a worldwide leader and appears in our table of the practice area’s elite practitioners. Patricia Núñez of Núñez Muñoz & Cía Ltda Abogados in Chile also appears on this list, and respondents were effusive in their praise for her. “She impressed me by her knowledge of mining legislation, her rapid and clear grasp of key issues and also her pragmatism,” said one; “She is one of the top mining legal advisers in Chile, a brilliant lawyer with knowledge in many fields of law,” said another.

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