Most Highly Regarded Firms: Regulatory Communications 2008

• May 2008

• Regulatory Communications

The research for the sixth edition of The International Who's Who of Regulatory Communications Lawyers lists 243 professionals in 45 countries.

The fast-paced and innovative nature of the communications industry means that the need for expert counsel in this area has not abated. We identify practitioners who are skilled in advising corporations on questions of licensing, interconnection, tariffs, foreign ownership and in other general aspects of compliance with the regulatory regime. Practitioners that excel in communications dispute resolution have also been included.

INTERNATIONAL EXPERTISE

Baker & McKenzie offers considerable talent in England, Germany, Italy and Singapore. In London Peter Strivens comes "highly recommended" by more than one source, as does fellow London partner Robbie Downing. In Frankfurt Ulrich Ellinghaus is known for his representation of telecoms companies on regulatory issues and represents the Federal Network Agency in court proceedings regarding telecommunications law. Joachim Scherer is considered a go-to guy for telecommunications privatisations in Germany and focuses his practice mainly on regulation. Raffaele Giarda is based in Rome and is one of Italy's most highly nominated practitioners. In Singapore Kenneth Chia at Baker & McKenzie Wong & Leow is said to be "outstanding" and "particularly good at the intersection between telecoms and antitrust". Chia represents telecoms companies, software corporations, computer manufacturers and other high-tech clients on a variety of matters and was recommended by some of the industry's most respected names.

Clifford Chance LLP is another firm with an impressive geographical spread, providing seven of its most-nominated individuals from six of its 27 offices. In recent years the firm has been involved in some of the largest matters in the area, advising T-Mobile on its acquisitions of mobile operators tele.ring in Austria and Orange Netherlands and eBay on the cash and stock offer of $2.6 billion for Skype Technologies. Featured practitioner Elizabeth Hiester from the London office is "well known" and has an enviable reputation in the area. Thomas Vinje is one of Belgium's high flyers and is known for his work on the competition side of the communications industry. Vinje also chairs the US board of editors for Droit de l'Informatique et des Télécoms. The firm also has two practitioners from the Madrid office included, Pablo Mayor and Juan José Lavilla. In Eastern Europe, Peter Lakatos is the managing partner of the firm's Budapest office and advises telecoms operators, regulatory bodies and major telecom companies on commercial and regulatory matters. On the competition side, Lakatos has been involved in major litigation cases representing multinational clients in the Hungarian market. Philip Rapp at Clifford Chance Wong has over 15 years' experience in the Asian markets and advised the major shareholders in Malaysia's Maxis Communications on its strategic partnership with Saudi Telecom, a deal valued at over S$3 billion. He also continues to advise an international telecommunications company regarding the privatisation process of MobiFone, VinaPhone and Viettel Mobile, Vietnam's three state-owned mobile telecoms companies. The "brilliant" Alison Lindsay focuses her practice on telecoms regulation, particularly on international best practice. Lindsay and her team are extremely active in the burgeoning Chinese market as well as in Vietnam and Indonesia.

Squire Sanders & Dempsey LLP is represented in Hong Kong by the "exceptional" Antony Corel. Corel is of counsel to the firm and his pan-Asian convergence practice concentrates on the commercial and regulatory aspects of telecommunications matters and projects, working in both the public and private sector. He has advised the successful consortia bidding for GSM licences in India, a PCS licence in Hong Kong and a GSM licence in Iraq. He also advised successful consortia bidding for initial satellite pay-television licences in Australia. Petr Slach in the Czech Republic is experienced in GSM matters, and advises on the regulatory aspects of the Ministry of Economy of the Czech Republic's public tender for the issuance of GSM licences and the foundation of a company to operate the GSM system. Ann Lafrance in London coordinates the firm's European communications law and data privacy practice and is regarded as "superb" by her competitors. Squire Sanders & Dempsey also performs well in the US, with three entries. Herbert Marks is the senior lawyer in the firm's telecommunications group, and as a "key figure" in the industry has acted as an arbitrator or mediator on international and domestic telecommunications matters. Joseph Markoski, another senior figure at the firm, is the managing partner of the Washington, DC, and Tysons Corner offices and the leader of the firm's communications practice. Markoski is "extremely experienced" and has served as counsel to multinational organisations such as the Organization of American States and the European Union in connection with matters such as electronic commerce, converging technologies, interconnection and multimedia and information services. Jonathan Jacob Nadler is the third and final Washington, DC, practitioner to gain entry for the firm. He is known for his work on antitrust matters related to the communications industry.

Hogan & Hartson LLP has three stand-out US lawyers in this field: Michele Farquhar, Peter Rohrbach and Joel Winnik. Farquhar is co-director of the firm's communications group and prior to joining the firm she served as chief of the Wireless Telecommunications Bureau at the Federal Communications Commission. She is especially well known to her peers for her work in the wireless sector. Fellow co-director Rohrbach has a practice that places particular emphasis on the telephone industry, satellite communications, and information services. Winnik represents domestic and foreign telephone companies, satellite systems, wireless operators and governments in telecom privatisations and regulatory matters. The firm is also strong in Europe. Gerald Oberst, spoken of as "utterly brilliant", has practised in DC but now resides in Belgium; he served for four years as the chairman of the regulatory group of the European Satellite Action Plan. Competitors hold Winston Maxwell from the Paris office in "high regard". He has represented European telecommunication equipment manufacturers and carriers in ICC arbitrations as well as representing a major US media group in the acquisition of France's largest cable network.

Wilmer Cutler Pickering Hale and Dorr LLP splits its talent between the regulatory centres of Brussels and Washington, DC. In Belgium Christian Duvernoy is the "best on the list", according to one source. Duvernoy has been involved both in clearance and in opposition proceedings concerning a number of significant communications mergers, such as the Vodafone AirTouch/Mannesmann and Telia/Sonera combinations. Yves Van Gerven joins Duvernoy in Brussels and was praised for being "very much involved in regulatory work". In DC William Lake and John Harwood II fly the flag for the firm. Lake has a broad practice advising US and international corporations on regulatory, competition, intellectual property, and trade issues. Harwood chairs the firm's communications and e-commerce department; his recent highlights include giving advice and assistance to Lucent Technologies (now Alcatel-Lucent) on US national security issues connected with its successful merger with Alcatel.

EUROPEAN EXCELLENCE

Brussels and London practitioners dominate the landscape in Europe. London is the most highly represented European jurisdiction - 27 people from 20 firms are included. As the heart of the EU, Brussels holds an impressive concentration of talent: we list 14 individuals from 10 firms this year.

With three practitioners recommended in London, Olswang performed well in the UK research, including one representative in the list of the practice area's elite - Colin Long. Long is head of telecommunications at the firm and "one of the best around", according to sources. The "brilliant" Robert Bratby and Selina Potter also feature from the London office. Bratby joined the firm from Mayer Brown in January 2008. Dirk Van Liedekerke, the managing partner of the Brussels office, is "active and very good". His experience ranges from advising major EU public operators on electronic communications regulation to assisting with litigation on inter-operator conflicts, regulatory complaints, and competition and merger control filings.

Frédérique Dupuis-Toubol is the most highly nominated practitioner in France and is "outstanding, top-notch" according to one competitor. Bird & Bird has five of its European practitioners featured in this edition. David Kerr, the firm's CEO and head of the international communications group has "outstanding credentials". The "impressive" Graeme Maguire and Rhys Williams also feature prominently in our London research. Marjolein Geus, joint managing partner of the Dutch office, is joined on the following pages by Johan Tydén, joint managing partner for Bird & Bird Sweden and head of the communications sector group at the same collection of offices.

Freshfields Bruckhaus Deringer has an unrivalled geographical spread across Europe with seven individuals from five of its EU offices nominated. Rachel Brandenburger is based in both Brussels and London and is widely regarded as an "outstanding" practitioner in this field. She is "especially well known for competition-related work" and, with Norbert Nolte, co-heads the firm's global telecommunications, media and technology (TMT) regulatory group. Nolte is based in Cologne and has a regulatory focus to his practice. He is joined in Germany by Thomas Tschentscher from Frankfurt. Laurent Garzaniti is also based in Belgium and Natasha Good can be found alongside Brandenburger in the London section. The firm also has two entries in Austria thanks to the talent and experience of Stefan Köck and Bertram Burtscher.

Peter Eijsvoogel from Amsterdam is another European star to appear in our breakdown of the practice area's leading practitioners. He is an expert on the legal aspects of price regulation in the telecommunications sector and represents clients in litigation, negotiates operational contracts and advises on the legal aspects of price regulation, access issues and other regulatory aspects in this area. Mark Hoenike (Hamburg) and Claire Wright (London) join Eijsvoogel in this publication.

SCANDINAVIA

There is a notable concentration of talent in the Nordic region. Mogens Ebeling from Denmark's Jonas Bruun won nominations from peers who were "most impressed" by his work. In Norway Arve Føyen from Føyen Advokatfirma DA is widely regarded as "a strong name - top in the country". He is well versed in issues relating to the deregulation of the telecommunications industry and in the regulatory issues regarding satellite broadcasting. Vinge is one of Sweden's leading firms and boasts two entries in this edition, more than any other firm in the country. Carl Johan af Petersens is the most highly nominated practitioner in Sweden and is well known for his work for Tele2. Johan Winnerblad joins him on the following pages and is also well regarded by his peers.

THE UNITED STATES

An overwhelming 39 of the 44 US-based names on the pages that follow are stationed in Washington, DC. As seen above, the international firms are strong in the DC research. There are, however, other firms and individuals that deserve recognition. Three of the DC lawyers we list also take their place among the practice area's elite. Wiley Rein LLP has a communications group of over 80 lawyers and this area is a key practice for the firm. Richard Wiley heads the group and is a former chairman of the Federal Communications Commission (FCC), making him "extremely valuable" to the firm's communications-sector clients, which include Verizon, SBC, BellSouth and Motorola. R Michael Senkowski is another of the firm's leaders, chairing its telecommunications practice. He and the firm were described by one competitor as "very good - a high-class outfit". Henry Rivera is also a former FCC commissioner and represents a wide variety of clients before the FCC, Congress, the National Telecommunications and Information Administration.

Also extremely well regarded is Kellogg Huber Hansen Todd Evans & Figel PLLC's Michael Kellogg. The "excellent firm" is also home to fellow founding partner, Peter Huber. Henry Goldberg from Goldberg Godles Wiener & Wright is the third and final DC practitioner to appear on our list of the most nominated. The firm specialises in telecoms work, and Goldberg is an "expert in satellites" law, according to sources.

Bingham McCutchen LLP also has an "outstanding reputation" in the regulatory communications arena. Andrew Lipman is a "very well-know-name" and was a key figure in developing the firm's telecommunications, media and technology group. He represents clients in both the private and public sectors and has managed privatisations of telecommunications carriers in Europe, Asia and Latin America as well as domestically. Jean Kiddoo joins Lipman in the DC office.

CANADA

Fasken Martineau DuMoulin LLP, with three selected individuals, is the most heavily represented firm in Canada thanks to the firm's 2007 merger with Johnston & Buchan LLP, where regulatory communications was a key practice area. The "highly recommended" Laurence Dunbar joined the Ottawa office as a partner in 2007. Dunbar is the co-chair of Fasken Martineau's communications law practice group and advises a wide range of Canadian and foreign carriers, public utilities, telecommunications service providers and investors in the wireline, wireless and satellite markets. Stephen Whitehead is also a former Johnston & Buchan partner and practises extensively in the field of satellite communications. "The formidable" Robert Buchan founded Johnston & Buchan with Christopher Johnston in 1980 and is the third and final entry for Fasken Martineau DuMoulin.

Lorne Salzman from McCarthy Tétrault LLP is one of the country's most highly regarded practitioners. He represents clients in telecommunications proceedings before the Canadian Radio-television and Telecommunications Commission and Industry Canada, as well as well as being involved in telecommunications sector reform projects in other countries. Hank Intven, who is also in the Toronto office, joins him in our listings. Intven heads the firm's telecommunications practice and is the editor of the Telecommunications Regulation Handbook.

SOUTH AMERICA

Ramon Ignacio Moyano from Estudio Beccar Varela is Argentina's most nominated practitioner and a "highly respected member of the bar". He can count among his clients Telefónica and Sprint Corporation, whom the firm has represented since 2001.

Brazilian firm Pinheiro Neto Advogados boasts two of the country's most highly nominated individuals, Esther Donio Bellegarde Nunes and Raphael da Cunto (who is the editor of the Computer and Telecommunications Law Review). Nunes is based in São Paulo and da Cunto in Rio de Janeiro, giving the firm good coverage of its home market.

Rafael Robles is a founding partner of Miaja Galicia y Robles SC in Mexico City and received the most nominations in our Mexican research. He is especially well versed in matters regarding the regulation and supervision of the telecommunications field.

ASIA PACIFIC

Gilbert + Tobin outperforms all other Australian firms in terms of number of nominations in this edition, with Peter Leonard also appearing in the breakdown of the practice area's leading practitioners. Leonard is experienced in communications regulation in Australia and the Asia Pacific region and serves on the Law Council of Australia's Media and Communications Committee. Peter Waters in Sydney also spends time in Hong Kong, where he is a consultant to Arculli Fong & Ng, and has recently been involved in the 3G network deployment in Australia and Europe. The "great" Bernadette Jew and Sheila McGregor complete the firm's impressive contingent.

New Zealand's Malcolm Webb is an "outstanding practitioner" from MGF Webb. Webb provides advice to telecommunications carriers domestically and internationally in the Asia Pacific region on the major commercial and regulatory issues they face and is the principal outsourcing counsel to one of the country's biggest companies.

Our research in Singapore identifies a total of five top practitioners. Andrew Ong joined Rajah & Tann in October 2007, significantly bolstering its practice in the area. His telecoms practice is wide-ranging and he has advised regulatory and other government authorities, as well as private operators on legal and policy frameworks, market access and interconnection issues. Joyce Tan is another "major player" in the Singapore market, according to sources. Her strong technology practice complements her telecommunications expertise and she has worked on a number of telecoms infrastructure projects. Tan counts multinationals and government bodies among her clients and has a good reputation for cross-border matters.

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