Editorial: Aviation
01 May 2008
| Most Highly Regarded Individuals - Global | |
|---|---|
| Lawyer | Firm |
| John Balfour | Beaumont & Son Aviation At Clyde & Co, London |
| Rod Margo | Condon & Forsyth LLP, Los Angeles |
| John Pritchard | Holland & Knight LLP, New York |
| Sean Gates | Gates & Partners, London |
| Nikolai Ehlers | Ehlers Ehlers & Partner, Munich |
| Geoffrey White | Clifford Chance LLP, London |
| Catherine Duffy | A&L Goodbody, Dublin |
| Berend Crans | De Brauw Blackstone Westbroek, Amsterdam |
| Nicholas Hughes | Barlow Lyde & Gilbert, London |
| Robert Peregrin | Daugherty Fowler Peregrin Haught & Jenson, Oklahoma City |
| Dean Gerber | Vedder Price PC, Chicago |
| Peter Urwantschky | Urwantschky Dangel Borst & Partner, Neu-Ulm |
| Elizabeth Mireya Freidenberg | Freidenberg Freidenberg & Lifsic, Buenos Aires |
In February 2008, Ryanair boss Michael O'Leary predicted a "perfect storm" in the aviation industry. This bleak forecast has proved perceptive: small to mid-sized companies such as Aloha Airlines and Oasis Hong Kong Airlines, which both collapsed early in the year, were casualties of rocky financial markets, a dip in consumer spending and hikes in fuel costs, which have troubled the whole industry. In this increasingly difficult market, insolvencies, restructurings and mergers look set to loom large in the coming year, affecting carriers of all sizes.
Demand for lawyers with industry-specific knowledge remains high among clients seeking guidance in difficult times. In all, 356 leading lawyers from 53 jurisdictions appear in this edition; they are recommended for their expertise on contentious, regulatory and commercial matters.
"The aviation law firm" in the eyes of one source, Clyde & Co maintains its position at the top of the tree, reaping the rewards of its successful merger with Beaumont & Sons and an expansion into the United States. Sixteen practitioners from five jurisdictions represent the firm in our book this year. Recent work includes settling first-party claims when a Hellas Jet aircraft was destroyed by fire, and acting for three major airlines defending a claim brought by the Association of British Travel Agents regarding commissions on passenger service charges. "Excellent all round", John Balfour of London leads the charge for this formidable group, appearing at the top of our list of most-nominated practitioners. Considered "the leading regulatory lawyer in the country" by some, he has particular expertise in EC law. Among other positions of responsibility, he is an expert legal adviser to NATO's civil aviation planning committee. He acted for British Airways in the challenge brought by the States of Guernsey to BA's exchange of Heathrow slots with Air UK. Philip Bass, who founded the firm's Singapore office before moving to London and is well known for his aviation liability claims practice, joins Balfour in our London list. Maria Cetta also elicited an enthusiastic response for her insurance and liability work, including multi-jurisdictional matters. A further four lawyers make the cut from the London office, bringing the firm's contingent of featured practitioners there to seven.
Maylis Casati-Ollier in the Paris office represents the firm in our France list. A "good and hard negotiator", she was particularly recommended for her leasing and finance work. Head of the Rio de Janeiro office Martyn Plaskett is "great for representing insurance companies" and is also well known for his defence work related to accidents in the region. He is joined by two of his colleagues in Rio: the "good and knowledgeable" Sarah Catchpole and Julio Costa, who is experienced in regulatory and liability work. Contributors to our survey "have a lot of time for" liability litigation specialists Andrew Harakas and Diane Westwood Wilson, who practise from the New York office. A "highly rated" trio were nominated from the firm's Singapore office. David Clark is "very experienced indeed" in all types of liability work. Peng Lim has the benefit of 17 years' experience in handling accident proceedings, and Leigh Borrello is known for his "excellent work" on finance and leasing transactions.
Clifford Chance LLP also has a highly respected aviation practice with an international profile, fielding nine practitioners from six jurisdictions in this edition. A formidable presence in the financing and leasing sector, the group was described as "excellent, coherent and responsive". Recent deals include the firm's advice to RBS Aerospace on the sale and leaseback to Iberia of 16 aircraft and the associated funded participation of the lease receivables to Spanish financial institutions. High-flyer Geoffrey White collected the greatest number of votes for the firm. A "pre-eminent" specialist in asset financing, banking and leasing, White forms part of a "phenomenal team with lots of experience and a great temperament" at the London office. He appears alongside the "hugely experienced" Clive Carpenter and William Glaister, who was lauded as "exceptionally competent - a pleasure to deal with".
In Frankfurt, Riko Vanezis was described as "fantastic for transactional work", while Jelle Hofland represents the Amsterdam office. In New York, John Howitt's aviation finance work received plaudits. The firm also has a strong Asian presence. Tokyo practitioners Keiji Isaji and Hidehiko Suzuki were both praised for their leasing expertise, and the "excellent" Fergus Evans operates from Bankok, where he focuses his practice on asset finance and leasing.
Eight nominees represent Freshfields Bruckhaus Deringer LLP in Europe and the Middle East. Work such as advising Lion Air on the delivery of Boeing's first 737-900ER aircraft and advising BAA in a high-profile acquisition has kept the firm in the limelight. The "bright, commercial and reasonable" Robert Murphy leads in terms of votes received. His aviation finance work prompted high praise from peers, who consider him "outstanding". The "first-rate" Jeffrey Wool is head of aerospace law and policy at the firm. He is secretary and general counsel of the Aviation Working Group and has great regulatory expertise - according to sources, he "knows the Cape Town Convention like no one else". Alongside Murphy and Wool we list two other members of Freshfields "excellent" group in London.
In Frankfurt, Dirk Schmalenbach is a "top practitioner", with "a great command" of cross-border financings. Two other German lawyers complete the picture. The "awesome" Bob Charlton, based in London and Dubai, has a broad-based financing practice.
Another firm that can be said to possess a truly international profile is White & Case LLP: we recognise the firm's practitioners in England, France, Japan and the US. This "excellent" practice has represented clients such as Lufthansa, Aeroflot, Natexis and Deutsche Bank. Thomas McDonald from the Paris office is a "really first-rate" transactional lawyer, whose cross-border work is admired by peers worldwide. Appearing top in the nominations for the firm, he also received the greatest proportion of votes of any France-based lawyer. Justin Benson also received an enthusiastic response. Based in London, Benson is well known for his asset finance work on the lender's side. The "first-rate" Robert Grondine and Keiko Tashiro appear in the Japan listings. In the US, Richard Smith is executive partner of the Los Angeles office and specialises in leasing work. Sources described him as "a pleasure to deal with". The "prolific" James Hayden and Michael Smith feature in our New York list.
UNITED STATES AND CANADA
Eighty-three US aviation lawyers appear in this edition, making the United States the best represented jurisdiction in the book. Boutiques exist alongside large firms in a thriving legal marketplace.
Five lawyers represent Condon & Forsyth LLP, a litigation boutique famed for its aviation liability work and commercial and financing expertise - "their legal skills are excellent", according to sources. Although it is headquartered in the US, the firm has a wealth of international clients such as Aer Lingus, Nippon Cargo Airlines, British Airways, Kuwait Airways and Qantas. Rod Margo is one of the most highly nominated lawyers in the entire publication, and received a torrent of praise from sources, who named him "king of aviation insurance". One contributor to the survey also noted that he has recently "made a big impact on Australia, especially with his representation of Qantas". Frank Silane is also based in Los Angeles. A "well-known figure", he works on complex and multidistrict tort and insurance litigation. Three "brilliant liability lawyers", who do "great work for clients" were nominated from the New York office. Among them is the "very highly regarded" Michael Holland, who is experienced in representing foreign air carriers in the US.
Vedder Price PC's New York and Chicago lawyers put in a strong showing, with six practitioners appearing in this edition. The firm is particularly well known for its finance expertise, but it also deals with all other aspects of the industry. Vedder Price's aviation group successfully defended an airport lighting supplier against the Federal Aviation Administration. It also completed a US$2.3 billion ECA-supported financing for a Middle Eastern airline. Another high-profile client is United Airlines. Appearing in the list of highly nominated practitioners, Dean Gerber is chair of the equipment finance group and represents a wide range of clients in aircraft finance matters for lessees, lenders and equity participants. Two other "excellent" finance partners - Joshua Gentner and Geoffrey Kass - complete the picture in Chicago. In New York, the firm boasts another trio of nominees. Jeffrey Veber, John Karesh and Ronald Scheinberg are all "excellent" and "heavily involved in the market".
Pillsbury Winthrop Shaw Pittman LLP's "breadth of expertise and responsive approach" leads us to recognise lawyers at the firm's Washington and New York offices. Despite the recent departure of Houston litigation practitioners Thad Thano Dameris and Bruce Oakley to Hogan & Hartson, Pillsbury still fields a well regarded group in this edition. Lawyers from the firm recently represented Virgin America, helping it to acquire flying rights in the US. Payson Coleman stands out: this "excellent" practitioner is "really top-rate", according to sources, who point to his leasing, financing and repossession expertise in domestic and cross-border transactions. Two other "top-drawer" practitioners at the New York office join Coleman in this book. On the West Coast, Kenneth Quinn's airline litigation, regulatory and transactional work drew praise from contributors.
Seattle-based Perkins Coie LLP is "a go-to place for accident litigation", according to sources. The firm provides transactional and liability counsel to Boeing. Other clients include Honeywell International and helicopter engine manufacturer Turbomeca. This year, the firm's presence in our book has grown to four, with one lawyer - Peter Archie - hailing from Oregon. Keith Gerrard in Seattle is "highly knowledgeable", and is credited with overseeing defence work for Boeing for over 25 years. Douglas MacBain and Thomas McLaughlin also feature prominently from the same office.
Holland & Knight LLP fields a trio of highly nominated lawyers in our book. The firm deals with the full gamut of aviation issues, and counts United Airlines, Air France and BAE Systems among its clients. Appearing in our breakdown of the most-nominated practitioners, the "outstanding" John Pritchard is known for "thinking outside of the box" on aircraft and facility finance matters. A "leading speaker", he is praised for his negotiating skills. Airline liability lawyer Randal Craft, also in New York, accompanies Pritchard on our list. Craft heads the national aviation industry team and is considered "a dean of the aviation bar" and admired for his "wealth of knowledge". San Francisco practitioner William Piels also "stands out" for leasing work.
Daugherty Fowler Peregrin Haught & Jenson has maintained a thriving practice in Oklahoma City since the inception of the Federal Aviation Administration Registry, ensuring the firm's place at the heart of US aviation law. This high-powered aviation boutique is led by Robert Peregrin, an "extremely capable and client-orientated" practitioner who deals with registration and leasing issues involving the FAA, and has acted as special FAA counsel in worldwide transactions. Respondents to the survey also gave his colleagues Susan Haught and Robin Jenson a warm reception.
Canada's aviation bar is also blessed with its fair share of stars. Donald Gray of Cassels Brock & Blackwell LLP in Toronto received the most recommendations in the country. Sources praise him as a "big player" in the finance and regulatory spheres, and noted his work on the Air Canada insolvency. Bennett Jones LLP also performed well in the research, with special mention made of Calgary lawyer Patrick Brennan's finance work.
EUROPE
Eight lawyers make up the contingent for Norton Rose LLP, an international firm whose aviation practice is a recognised strength. The firm has an impressive spread Europe-wide (as well as being represented by a partner from its Singapore office). The group is well known for its transactional, liability and competition work in the sector - with particular strength in the aviation finance sector. Norton Rose counts companies such as SAS, Canadian Helicopters, Flybe and Easyjet among its clients. Patrick Farrell is a "very well known and respected" dispute resolution lawyer who advises a range of clients on contentious matters and dispute resolution, as well as insurance underwriters on matters such as liability claims. Asset finance lawyer Jeremy Edwards also "stands out" to competitors. Head of the aviation group, he is also experienced in contractual aviation insurance provisions. Two other London-based lawyers represent the firm's "diverse and knowledgeable" group. In Paris, Glenn Matheson is considered "the best" for financing, leasing, sale and purchase work, alongside George Paterson, who heads the Paris aviation team and also specialises in aviation finance. Munich partner Ralf Springer is considered "very strong", and in Singapore, Simon Briscoe was deemed "the name for aviation finance" there. Briscoe is due to move to Clifford Chance later in the year.
Six Barlow Lyde & Gilbert lawyers make the cut in this edition. The high standard of the firm's litigation, dispute resolution and insurance work is well known among the legal community for its high standard. Clients include BAE Systems, China Eastern Airlines, British Airways, GT Air and the Civil Aviation authority. The "top-drawer" Nicholas Hughes led the voting for the firm, appearing in our round-up of the practice area's elite. He is well known for his liability litigation and insurance and reinsurance work. Richard Gimblett also performed extremely well in the research and comes recommended for his liability and regulatory work. He was previously an in-house legal adviser at the UK Civil Aviation Authority and has special experience in travel and tourism law. "Well-known" Hong Kong partner Peter Coles stood out for his Asia-Pacific insurance work, in both contentious and non-contentious matters.
Niche aviation firm Gates & Partners sits comfortably alongside the biggest legal names at the top of the London marketplace. Representing Air Canada, BA (in deep-vein thrombosis litigation), Global Aerospace Underwriting and many other high-profile companies. The "pre-eminent" founder Sean Gates is "excellent all round" and considered to be "one of the key people around the globe". Gates appears in our breakdown of the area's elite. He specialises in insurance, reinsurance and liability issues and is well known for his DVT litigation experience. The "excellent" Paul Freeman joins him at the London office and Singapore practitioner David Johnston, who joined the firm in a high-profile move from Barlow Lyde & Gilbert, also received praise.
Germany is also home to a highly nominated aviation boutique, and one of the highest-nominated practitioners in the world. Ehlers Ehlers & Partner's Nikolai Ehlers is a "high-calibre" practitioner whose "magic" insurance defence and finance skills are much admired in the community. Similarly well thought-of is Peter Urwantschky of Urwantschky Dangel Borst & Partner - "a top firm and a top lawyer". Highly recommended by sources, his "groundbreaking court work" and transactional expertise were warmly received. In Ireland, A&L Goodbody's Catherine Duffy also reaches the upper echelons of the research. An "outstanding" finance lawyer and head of the aircraft section, her group has advised RBS Aerospace, Aircastle and Credit Suisse Securities. Colleague Séamus Ó'Cróinín also performs well in the research. Topping the Netherlands research, Berend Crans of De Brauw Blackstone Westbroek is considered "among the very best for finance", especially regarding Dutch leveraged leases.
Danish firm Gorrissen Federspiel Kierkegaard manages an impressive three-partner showing, including Henrik Lind - the most highly nominated practitioner in Denmark, and considered "particularly excellent" for the full range of aviation services.
In Paris, Fernand Garnault of Garnault Rembauville Bureau Tassy is "a legend", well known for litigation - especially his representation of Air France. At Studio Legale Cannata Pierallini, "terrific" Laura Pierallini tops the rankings for Italy.
LATIN AMERICA
Brazil is the best-represented country in the region - 11 aviation lawyers make the cut, including Kenneth Basch of Basch and Rameh, who received the highest number of nominations. His firm specialises in asset-based finance, representing airlines and financial institutions. Maria Regina Lynch of Xavier Bernardes Bragança Sociedade de Advogados also features prominently for her financing work, and Ana Luisa Derenusson was also well thought of at the same firm. In Argentina, Elizabeth Mireya Freidenberg is "known to everyone" and an "authority" in the sector. She has represented South African Airlines and United Airlines, gaining sufficient recommendations to be included at the very top of our research. Carlos Sierra at Abogados Sierra y Vazquez SC leads the Mexico research. He works for lenders and leasing companies as well as airlines.
AUSTRALASIA AND ASIA
Australian law firm HWL Ebsworth fields the two highest-nominated lawyers in the country, both with "excellent reputations in the industry", according to one high-profile corporate source. Simon Liddy's aviation liability practice was complimented by rivals who recommend him as a "major player" with "a good, thorough knowledge of aviation issues". Ian Awford is similarly well regarded and enjoys a "fantastic reputation" in aviation circles. Nathan Gedye at his own firm is New Zealand's most nominated practitioner, renowned for his litigation prowess. At Japanese firm Nishimura & Asahi; Katsu Sengoku is a "leading lawyer" in the country and "a major player on the finance side".