Most Highly Regarded Firms: Commercial Litigation 2010

• November 2010

• Commercial Litigation

Who’s Who Legal reveals the leading firms and commercial litigators from 56 jurisdictions. Once again, Clifford Chance leads the field in terms of numbers with 13 of the firm’s practitioners listed from seven offices around the world.

International Expertise

Clifford Chance's “always impressive” London office is home to a highly rated quartet. Simon Davis is known throughout the City for his work on behalf of financial institutions and corporates, while global head of litigation and dispute resolution Jeremy Sandelson is “one of the finest legal minds in the country” and was recently involved in the Thyssen litigation in Bermuda. Michael Smyth is “pre-eminent for media litigation”, while Roger Best is selected for the first time in recognition of the quality of his energy-related litigation practice. Clifford Chance’s litigation practice in Frankfurt is said to be “absolutely formidable”. Led by the “outstanding” Uwe Hornung, the firm also sees the “first class” Fabian von Schlabrendorff, now of counsel to the firm, and Burkhard Schneider listed. Elsewhere in Europe, Jean-Pierre Grandjean’s corporate disputes work on behalf of large French and international clients earns him a listing in Paris, and Jeroen Ouwehand and José Antonio Caínzos are similarly recognised in the Netherlands and Spain respectively. Timur Aitkulov is well respected in Moscow for both arbitration and litigation. In Hong Kong, Martin Rogers heads the litigation and dispute resolution practice in Asia and is well known for his representation of clients from the financial services industry, and Brian Gilchrist is also renowned across the region.

Herbert Smith LLP once again stands out as an international leader and has represented clients such as Gazprom, Lehman Brothers Finance, Chevron and Vodafone in recent disputes. The firm fields 11 of its lawyers in this edition, and the London office is particularly strong. Sonya Leydecker is global head of dispute resolution and one of the most highly rated litigators in the world. Her banking litigation, contentious regulatory and professional negligence work is “second to none” and she has represented clients including PricewaterhouseCoopers and Guinness. Adam Johnson is known worldwide for his cross-border banking and securities litigation practice. The “technically brilliant” Simon Bushell leads the London based corporate fraud and asset tracing practice and is recognised internationally for his disputes work, and is much sought after for his knowledge of Russia-related disputes in particular. Ted Greeno’s energy related expertise is universally recognised, and Graeme Johnston, who returned to the London office from Shanghai in July 2010, scores exceptionally highly. Damien Byrne Hill has represented clients such as Goldman Sachs, Rabobank and RBS and is listed for the first time. David Gold is a former senior partner of the firm, as well as a former head of its litigation division, and maintains a reputation as an “absolute authority on commercial litigation both in the UK and internationally”. Denis Chemla in Paris acts for clients such as General Electric, Global Aerospace, HSBC and Sky TV and the “excellent” Dmitry Kurochkin heads the litigation and arbitration group in Moscow. Peter Godwin and Dominic Roughton give the firm a valuable presence in Japan, where the former heads the Tokyo dispute resolution practice and the latter stands out for his experience of international boundary disputes and state to state dispute resolution procedures.

Freshfields Bruckhaus Deringer LLP matches Herbert Smith’s contingent with 11 individuals hailing from four countries. The firm’s pedigree includes representing the Bank of England in defending a major claim brought by 6,000 former depositors in BCCI, and the London office stands out in this edition, with eight partners listed. Christopher Pugh is head of the dispute resolution department and the energy disputes group, and is “tough to beat, both in the courtroom and in terms of quality”. Paul Bowden’s environmental and product litigation is internationally renowned, and Raj Parker provides “absolutely first class” representation for clients in relation to contentious and regulatory issues in a wide range of sectors. Ian Terry is a former head of the dispute resolution group and managing partner of the firm and a “brilliant strategist”, while Paul Lomas is widely recognised for his work on behalf of the Bank of England on the EC litigation arising from the collapse of BCCI, up to the House of Lords and in the current High Court litigation. Philip Croall’s work for the same client also earns him strong reviews, and Patrick Swain’s Asian disputes experience is highly sought after. Jon Lawrence heads the dispute resolution group’s telecoms, media and technology team as well as the competition litigation team and is “an invaluable ally to his clients”. Based in Frankfurt, Rolf Trittmann is one of the most highly regarded disputes experts in Germany, while Vicente Sierra occupies a similarly lofty position in Spain and is responsible for the national disputes practice from Madrid. In Paris, the “tremendous” Elie Kleiman is widely respected across the full spectrum of disputes work, and his expertise in relation to shareholder disputes was repeatedly commended to researchers.

Cross-Border Excellence

Lawyers from Hogan Lovells successfully defended News Corporation’s NDS Group against a $1.6 billion claim that it had cracked a competing company’s digital-television security code and posted the information on the internet, the largest corporate espionage case in US history. The firm sees seven of their partners listed in the following pages. Christopher Grierson in London is “very able” and was repeatedly recommended for financial and commercial disputes, fraud and asset recovery and contentious insolvency matters. Graham Huntley’s banking and corporate disputes capabilities are much in demand in the City, and the “top drawer” Patrick Sherrington co-heads the litigation, arbitration and employment practice. In Germany, Alexander Loos is “the first port of call” for corporate transactional related disputes, and head of the French disputes practice Thomas Rouhette is among the outstanding practitioners in Paris. Cristina Pagni gives the firm a presence in Italy, and Bruno Ciuffetelli is “one of the best known lawyers in Venezuela” and relied upon by international clients across a range of disciplines.

Allen & Overy also earns seven listings spread across four countries. In New York, Benno Kimmelman is “top tier for both litigation and arbitration”, while in London Guy Henderson was repeatedly recommended for his work in both domestic and international disputes, and previously led A&O’s litigation and dispute resolution practice in Hong Kong. Tim House headed the banking and finance litigation group until 2007, when he became global head of litigation. A “fantastic advocate”, he is renowned for his representation of public company directors in claims brought against them personally. John O’Conor is “second to none” for complex financial disputes. Willem van Baren is head of the litigation and arbitration department of the Amsterdam office and “one of the finest disputes lawyers in the Netherlands”, and he is joined by Arnold Croiset van Uchelen, who recently represented the Dutch Government in litigation following the takeover of the Dutch parts of Fortis. In Belgium, Koen van den Broek is very well known for his corporate disputes work, including Swissair-Sabena.

Elsewhere in London, Slaughter and May increases its contingent in this edition to three. Nick Archer’s work for corporates, banks, governments and international organisations earned him international commendation, while Nick Gray advised on Impregilo SpA. (& others) v. Lesotho Highlands Development Authority in a House of Lords case concerning the ability of the courts to interfere with arbitral award and is “tremendously effective and incredibly bright”. Efstathios Michael is listed in recognition of his “top drawer” commercial, contractual and regulatory disputes work, particularly in relation to restructuring and insurance.

In Switzerland, Schellenberg Wittmer is home to two of Europe’s best disputes lawyers. Nathalie Voser is “unrivalled” in her expertise relating to complex multi-jurisdictional litigation and has experience of disputes relating to transactions, projects, the automotive and pharmaceutical industries. Martin Bernet is a past chairman of the international litigation committee of the International Bar Association’s section on business law and widely heralded for his insurance and arbitration related work.

Leaders in the US

The six-strong contingent from Debevoise & Plimpton LLP is divided between London and New York, and contains some of the most highly recommended individuals in either jurisdiction. Mary Jo White is former US attorney for the Southern District of New York and director of the Nasdaq Stock Exchange, and “one of the world’s leading litigators”. Alongside her John Kiernan co-chairs the firm’s litigation department, and he earned local renown for obtaining dismissal of a $1.8 billion creditors’ claim against directors of a failed telecommunications company. Mark Friedman and David W Rivkin are highly regarded for both their litigation and arbitration work worldwide. In London, our sources repeatedly highlighted Lord Goldsmith QC, the firm’s European chair of litigation and former UK Attorney General acting as chief legal adviser to the government on matters of domestic, European and international law. “One of the great legal minds”, he is widely acknowledged as a “serious asset to the firm”.

Elsewhere in the US, David Boies of Boies Schiller & Flexner LLP in New York tops the voting once again. Internationally renowned for his counsel to former vice-president Al Gore in relation to the 2000 presidential election, and for his work as special trial counsel to the US Department of Justice in its antitrust suit against Microsoft, he is “unrivalled in this field”. His fellow co-founder Jonathan Schiller is similarly revered, and represents Barclays Capital in ongoing adversary proceedings in the Lehman bankruptcy, as well as Barclays Bank in the successful resolution of a dispute with JP Morgan Chase & Co in the Lehman bankruptcy.

Sidley Austin LLP has handled complex commercial litigation for clients including Bank of America, eBay, Exxon Mobil and General Electric, and fields six partners across three US states. Carter Phillips is managing partner of the Washington, DC office and his total of 71 arguments before the Supreme Court is the most of any lawyer currently in private practice. Joseph Tompkins is currently leading the firm’s representation of Bank of America in the multi-district litigation proceeding involving Parmalat. In California, co-chair of global appellate practice Mark Haddad is a “phenomenal litigator”, and global co-chair of the securities litigation practice Sara Brody also received recommendations from sources across the US and beyond. In Chicago, the “first rate” Charles Douglas is known for securing victories in two major securities cases for Deloitte & Touche LLP, and Hille Sheppard is an “outstanding securities litigator”.

Paul Weiss Rifkind Wharton & Garrison LLP fields four of New York’s leading litigators. Theodore Wells co-chairs the firm’s litigation department and is strongly recommended for class action work, while Moses Silverman was highlighted for securities, corporate and derivative related litigation. Martin Flumenbaum is a former chair of the litigation department and a “dean of the NY bar”, while Leslie Fagen has represented clients including Viacom, Citigroup and MTV Networks

North America & Beyond

The “very eminent” Michael Cooper is of counsel to Sullivan & Cromwell LLP in New York, and Vince DiBlasi is regarded as a “guru of securities litigation”. John Warden has represented clients including British Airways and Goldman Sachs in a range of disputes, and Robert Giuffra is a new addition this year as the result of the recommendations he received for his work on behalf of clients such as The Bank of New York and Philips Electronics.

Gregory Joseph is former chair of the American Bar Association’s litigation section and served on the Advisory Committee on the Federal Rules of Evidence from 1993-99. An “incredibly effective lawyer”, he scored extremely highly in our US research.

In Chicago, Philip Beck of Bartlit Beck Herman Palenchar & Scott LLP is an “all time great” and once again is selected as one of the world’s pre-eminent litigators. He is well known for his work on behalf of clients such as Merck & Co and Bayer Corp. Fred Bartlit in Denver is similarly well known throughout the US. In Texas, Susman Godfrey LLP is also home to two of the outstanding figures in our research. Stephen Susman earns a place among the most highly regarded individuals worldwide, and Lee Godfrey is “immensely respected” for his antitrust, energy and natural resources related work.

Over the border in Canada, McCarthy Tétrault LLP leads the field in terms of numbers with four nominees, including former president of the Quebec Bar Gérald Tremblay. Sheila Block of Torys LLP is once again the most highly nominated individual in the country, and earns a place among the leaders worldwide. She chairs the firm’s litigation department and has appeared before all levels of court in Ontario; the Federal Court and the Supreme Court of Canada. She is listed alongside James C Tory, who was cited for his “sterling work” in front of the Ontario Securities Commission.

Further afield, Claus von Wobeser of Von Wobeser y Sierra SC in Mexico is “one of Latin America’s pre-eminent disputes specialists”, and Des Williams of Werksmans Attorneys occupies a similarly elevated position in South Africa. Michael Hwang divides his time between London’s Essex Court Chambers and his own dispute resolution boutique in Singapore and is one of the most highly regarded figures in Asia, while at Clayton Utz Stuart Clark’s product liability and mass tort litigation practice leads the field in Australia.

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