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Aviation

The lawyers featured in this publication can be considered to be leaders in their fields of aviation law, representing a range of clients including airlines, aviation insurers, engine and component manufacturers, airports and regulatory agencies.

These lawyers will be experts in one or more of the three main areas of aviation law; commercial, regulatory and liability work. On the commercial side, the featured practitioners will be able to offer advice on areas such as aircraft purchase, sale, leasing and financing, airline alliances and joint ventures, and airline start-ups. Lawyers with a regulatory practice will have a high level of expertise in matters including airport charges, alliances and competition law, CAA regulation of airlines and airport issues such as ground handling and slot allocation. In addition, many of the lawyers in the book will specialise in contentious liability matters, such as those arising from major disasters.

Inevitably, the lawyers in this publication may focus their practices in a particular area of aviation law, and while there is undoubtedly a wealth of legal expertise retained in-house by the aviation industry, it should be noted that this book focuses exclusively on private practice lawyers.

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Banking

Our stated aim was to identify a highly select group of lawyers with an expertise in representing financial institutions and their corporate clients. The focus for lawyers who act for banks may be either regulatory or transactional; both credit and capital markets work have been considered in the research. It may therefore transpire that the banking lawyers identified by our research have differing practice emphases and client bases in the context of banking. Despite the varied specialisations of the selected lawyers, we have set certain areas of legal expertise outside of the parameters of our research. Specifically, in jurisdictions where the level of specialisation permits such distinctions, we have aimed to exclude securitisation and structured finance specialists as well as project finance lawyers. These areas are covered by other books in the Who's Who Legal series as is insolvency work, however, differentiation is not always practical. After all, the difference between a banking lawyer and a bankruptcy lawyer can in some cases be a mere question of the current economic climate.

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Business Crime

The Who's Who Legal series deals primarily with corporate law in the civil context. However we recognise the need, particularly in light of legislative and judicial response to recent corporate scandals, for corporations and their directors to be prepared for possible criminal proceedings. With this in mind, we decided to revise our research (first conducted in 1997) on business crime specialists. Our stated aim was to identify a select group of lawyers with an expertise in representing companies, corporate officers and individuals in criminal litigation arising from their business activities. The focus of our research was on white-collar criminal trial practice, however the overwhelming majority of lawyers in our final list will also have experience in dealing with investigations, enforcement proceedings and parallel or related civil litigation, as well as advising clients on best practice and compliance with new regimes. We have set certain areas of legal expertise outside of the parameters of our research. Specifically, we have aimed to exclude general commercial litigators and 'street-crime' defence lawyers where such a distinction is possible. Furthermore, because other dedicated volumes in the series identify them, we have sought to exclude competition, product liability defence and insurance litigators even though these areas may have implications in the criminal context.

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Capital Markets

The International Who's Who of Capital Markets Lawyers seeks to identify private practice lawyers with a proven track record in representing and advising issuers, underwriters, investment banks, funds, REITs and other market participants on all aspects of equity and debt transactions around the world.

The lawyers featured in this publication can be considered to be experts in their field of capital markets law; advising on IPOs (domestic, international and global), secondary offerings including rights issues, placements and open offers, PIPEs and other equity issuances.

In addition, the practitioners listed in the guide may also have extensive experience in investment-grade and high-yield debt offerings, structured products, repackagings, derivatives and securitisations involving the full range of asset classes.

In many cases, these practitioners will also be able to offer advice on the compliance and regulatory obligations of market participants.

Inevitably, lawyers featured in this publication may have a particular capital markets specialisation. They do not differ, however, in their outstanding legal ability.

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Commercial Arbitration

The International Who's Who of Commercial Arbitration, first published in 1999, seeks to identify private practice lawyers with a proven track record in sitting as arbitrator, be it on an institutional or ad hoc basis, in commercial disputes. In the course of our survey, we aimed to exclude practitioners whose arbitration practices focus solely on advocacy. However, we also recognise that market forces play a role in shaping the balance of a professional's practice: acting solely as arbitrator may be unfeasible in certain countries. Based on the number and quality of nominations a candidate received, we have seen fit to include certain highly regarded lawyers who occasionally act as arbitrator but are esteemed principally for their work as party-appointed counsel in arbitral proceedings or other dispute resolution mechanisms. Whilst it is not their core expertise, they are, according to our respondents, highly competent arbitrators when their services can be obtained.

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Commercial Litigation

It is impossible to apply a 'one size fits all' definition to commercial litigation. In different jurisdictions, different practice areas are contentious and the practices of the lawyers listed in this volume reflect this. Furthermore, in some jurisdictions, alternative-means of dispute resolution are now the preferred mode, whereas elsewhere, the key to effective commercial litigation is to be a great 'trial lawyer'.

As a rule, we followed the relevant local definition of a commercial litigator and everybody listed in this guide is recognised for his or her own outstanding ability within this contentious context. We have omitted independent barristers on practical grounds. In jurisdictions where the bar is separate, we have selected only solicitors. In almost all cases a local solicitor will be the instructing party and will have been appointed partly for their ability to instruct suitable counsel. In this context, Who's Who Legal seeks primarily to guide a client's choice of solicitor. Our research attempts to exclude specific 'litigation rich' practice areas covered by separate Who's Who Legal volumes.

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Competition

Who's Who Legal has combined editorial resources with its sister publication Global Competition Review to research this edition of the International Who's Who of Competition Lawyers and Economists. The editorial team at Global Competition Review was able to utilise its contacts within private practice, corporations and government to draw up a meaningful picture of the leading competition and antitrust practitioners and competition economists. All those lawyers selected for inclusion are experienced leaders in either counselling or litigating on merger control, the laws concerning cartels and the abuse of dominance, and in many cases all three.

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Construction

This publication will feature lawyers who should be considered leaders in the field of construction law.

They will have proven expertise in representing a range of clients including owners, contractors and subcontractors in both contentious and noncontentious work. It covers 32 jurisdictions around the world and is the product of over six months' research.

There is undoubtedly a wealth of legal expertise retained in-house by the construction industry, but when they require specialist counsel in disciplines or regions with which they are less familiar this publication will lead them to the best advice available from the private practice bar.

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Corporate Governance

This edition of The International Who's Who of Corporate Governance Lawyers seeks to identify private practice lawyers with a proven track record in providing corporate governance advice to boards of directors of listed companies and substantial privately held entities with respect to the most difficult and sensitive corporate disclosure, governance and policy issues, as well as dealing with new laws, regulations, stock exchange rules and governance principles.

Practitioners listed in the guide will be able to counsel clients, provide opinions, negotiate transactions and litigate issues with respect to matters of corporate law and the fiduciary duties of corporate directors. Practitioners will also counsel corporations on corporate law and corporate governance issues that arise both in routine operations and in extraordinary transactions such as mergers, acquisitions, spin-offs, restructurings, divestitures and recapitalizations.

Inevitably, due to macroeconomic factors, differing degrees of specialisation are encountered in each of the jurisdictions covered by the publication. However, where the lawyers listed in this guide do not differ is in their outstanding legal ability.

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Corporate Immigration

The first area of business law to be covered by Who's Who Legal back in 1996, our immigration publication is now an integral part of a comprehensive guide for corporate purchasers of legal services. It is nonetheless, unique amongst all of the disciplines covered by our research in that boutique firms and sole practitioners fare particularly well in the research process in comparison with the larger full-service firms.

We have sought to identify those pre-eminent practitioners who dedicate the overwhelming majority of their time to enabling the legal immigration and naturalisation of skilled workers and their dependants on behalf of large corporate entities. Inevitably, due to macroeconomic factors, differing degrees of specialisation are encountered in each of the jurisdictions covered by the publication. However, where the lawyers listed in this guide do not differ is in their outstanding legal ability.

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Corporate Tax

During the course of our research we sought to identify corporate taxation specialists but did not differentiate between areas of corporate tax law. International tax specialists are included alongside domestic experts, direct taxation practitioners feature in a list, which also includes indirect tax lawyers. Lawyers concentrating purely on transfer pricing or tax issues deriving from mergers, acquisitions and dispositions have been selected, as have generalist tax lawyers However, we have tried, where possible, to exclude trust and estates lawyers as well as tax litigators and practitioners whose primary focus is in the service of high net worth individuals rather than corporations. Due to the focus on non-litigious tax matters we have seen fit to include lawyers who are members of the MDP's and accounting firms as well as partners in more traditional law partnerships.

In short there is a wide variation in the practices of the professionals identified by our research, where the practitioners selected do not differ, however, is in their outstanding ability in the legal aspects of corporate taxation.

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Environment

The International Who's Who of Environment Lawyers seeks to identify private practice lawyers with a proven track record in providing environment advice to clients in transactional, litigation and regulatory matters.

Practitioners listed in the guide will be able to counsel clients on regulation and compliance obligations, as well as strategic planning, dispute resolution and administrative procedures. In addition, they may also advise clients on the environmental risk associated with a transaction and about structuring deals to appropriately allocate risk, as well as environmental due diligence, issues of parent and successor liability, structuring workouts to minimize liability risks, and the use of contractual indemnities to transfer environmental liabilities.

Lawyers featured in the publication may also be experienced in national and cross-border environmental litigation, such as private party environmental litigation, toxic tort defence, Superfund cases, defence of enforcement actions, citizen suits, claims against insurance carriers and governmental investigations.

Inevitably, differing degrees of specialisation are encountered in each of the jurisdictions covered by the publication. However, where the lawyers listed in this guide do not differ is in their outstanding legal ability.

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Franchise

Until recently the history of franchise specific legislation was almost exclusive to the United States. Whilst the nineties saw a groundswell of international franchising activity and a legislative reaction, there are still huge variations in regulation and legal codes pertaining to the franchise business. When this is coupled with the diversity of the economies of the world, and more specifically the amount of franchise activity, it is no surprise that there is an uneven distribution of franchise specialisation across the globe. The creation of franchise 'boutique' firms is doing something to redress this, but this development is fairly recent. Consequently some of the practitioners listed here may be nominally general corporate lawyers but are regularly involved in issues relating to franchising. One thing all the listed practitioners have in common, however, is in their outstanding ability.

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Insolvency & Restructuring

This edition of The International Who's Who of Insolvency and Restructuring Lawyers seeks to identify private practice lawyers with a proven track record in representing and advising creditors such as insolvency practitioners and turnaround experts from accountancy practices, banks and financial institutions, in addition to debtors, acquirors, trustees, and other parties-in-interest, including directors of troubled companies and government bodies.

The lawyers featured in this publication can be considered to be experts in their specialist areas of insolvency and restructuring law, often working across political and geographical boundaries.

They advising on a range of matters including rescue, reconstruction and insolvency procedures, financings, financial restructurings, leveraged buyouts, administrations, rehabilitations, receiverships, liquidations, structuring workouts and turnarounds, and offer advice to companies both in and out of bankruptcy proceedings.

The practitioners listed in the guide have experience across a number of industries, encompassing retail, leasing, property, aviation, sport, energy and infrastructure, technology, media and telecoms, e-commerce, manufacturing, banking, insurance and financial services.

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Insurance & Reinsurance

Our stated aim was to identify a select group of lawyers with an expertise in representing insurance underwriters, reinsurers, intermediaries and corporate insureds in contentious, contractual, regulatory and, in the case of carriers, general corporate matters. Thus it may transpire that the insurance lawyers identified by our research have differing practice emphases. Regulatory experts can be found alongside lawyers who exclusively represent corporate policyholders, concentrate their practices on insurance dispute resolution or act for industry clients in various matters, for example in mergers and acquisitions, demutualisations, securities offerings and corporate restructurings. Despite the varied specialisms of the selected lawyers, we sought to set certain areas of legal expertise outside of the parameters of our research: general commercial litigators and ADR lawyers, product liability defence specialists and pensions lawyers. Furthermore, we have not considered lawyers who represent retail policyholders in contentious matters.

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Internet & e-Commerce

This edition of The International Who's Who of Internet and e-Commerce Lawyers identifies external counsel with a particular expertise in the representation of companies in their internet business objectives - including data privacy, security issues and e-Commerce. These individuals will also be adept at handling complex information technology and outsourcing transactions. We have endeavoured to filter out (in jurisdictions where the market in legal services allowed such a distinction) lawyers who specialise in advising industry clients on more general corporate and commercial matters. Further, we have tried to exclude, where possible, intellectual property and telecommunications specialists.

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Merger and Acquisition

Previous editions of The International Who's Who of Merger and Acquisition Lawyers have tended to endorse pre-eminent private practitioners involved in big-ticket business combinations between large, publicly traded companies. Many of the same lawyers have been selected for the new edition but of course the slowdown in M&A activity and decline in stock market prices means that they have been involved in fewer and smaller deals. In response to the global decrease in 'mega-mergers' and a not unrelated increase in private equity and public-to-private transactions, we have also seen fit to include distinguished practitioners who specialise in the representation of private equity groups in transactional matters.

In jurisdictions where the level of professional specialisation allowed such distinctions, we set competition law, restructuring and corporate governance advice outside the scope of the research: other books in the Who's Who Legal identify the specialists in those fields. In the case of corporate governance, differentiation is difficult; particularly when in a wary business environment acquisition due diligence plays such a large part in any purchase.

Ultimately, no two corporate lawyers' practices are identical; local jurisdictions and different markets in legal services, as well as firm strategies, client-bases and other variables accentuate the differences which originally derive from lawyers' individual flair. However, all the corporate lawyers on the list are similar in one respect: the universally high regard in which their practices are held by our respondents.

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Mining

Mining law encompasses a wide variety of different sectors and it is open to interpretation as to what constitutes a 'mining lawyer'. The basis of our research focuses of the following specialisations: dirt law; mine financing; native title law; leasing and financing and general representation of mining companies.

We have endeavoured, however, to exclude specialists in environment, oil and gas and general project finance practitioners. That said, our research has shown us that there is always some overlap and some specialists in these fields feature in our list due to their participation in high-profile deals involving the mining industry.

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Oil and Gas

This edition of The International Who's Who of Oil & Gas Lawyers seeks to identify private practice lawyers with a proven track record in representing and advising major, independent and state oil and gas companies and financiers involved in the exploration, production, marketing and transportation of crude oil, natural gas and LNG.

The lawyers featured in this publication can be considered to be experts in their specialist areas of oil and gas law, often working across political and geographical boundaries and advising on a range of matters from upstream development including exploration, development and production activities, to downstream matters such as distribution, pipelines, retail supply, transportation and sales.

In addition, many of the practitioners listed in the guide will be able to offer advice on the industry's regulatory framework and contractual agreements such as export licenses, sales contracts and supply and transportation contracts. In some cases practitioners will be able to offer advice on issues facing international clients such as the political stability of host governments, the regulatory environment in developing countries, host country requirements concerning abandonment and other similar local law issues.

Inevitably, the variations in natural resources in different jurisdictions mean that the lawyers in this publication may focus their practices in a particular area of oil and gas law, and while there is undoubtedly a wealth of legal expertise retained in-house by oil and gas companies, it should be noted that this publication focuses exclusively on private practice lawyers.

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Patents

As with previous editions of The International Who's Who of Patent Lawyers we have tended to focus our research, on pre-eminent Patent litigators - excluding, where possible, Patent Attorneys (or Patent Agents). In jurisdictions where the level of professional specialisation allowed such distinctions, we set trademarks, competition & commercial litigation advice outside the scope of the research: other books in the Who's Who Legal identify the specialists in those fields.

Ultimately, no two lawyers' practices are identical; local jurisdictions and different markets in legal services, as well as firm strategies, client-bases and other variables accentuate the differences, which originally derive from lawyers' individual flair. However, all the lawyers on the list are similar in one respect: the universally high regard in which their practices are held by our respondents.

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Private funds

For purposes of definition: the featured lawyers' practices have an emphasis on organising private funds investing in any alternative asset class such as: private equity, venture capital, hedge funds, distress funds, and so forth. It was our intention to exclude lawyers who concentrated on retail fund formation, or specialised in fund-related tax matters or the representation of investment entities in transactions. Of course, a variety of factors including the types of legal work performed within each jurisdiction, local investment conditions and the high renown of individual lawyers who represent funds but do not concentrate on formation, necessarily means that the investment funds practices of the professionals in our final list vary. The high esteem in which our respondents hold the lawyers on our list is, however, something they all have in common.

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Product Liability

The International Who's Who of Product Liability Defence Lawyers, first published in 1997, seeks to identify private practice lawyers with a proven track record in representing and advising manufacturers and sellers against claims for damages or injuries suffered because of defects in goods.

Our survey focused exclusively on practitioners who specialise in the defence of product liability cases, rather than those on the side of the plaintiff. The lawyers featured in this publication can be considered to be experts in all aspects of the defence of product liability claims, including mass tort and class action litigation and cross-border litigation.

In addition, the practitioners listed in the guide are also able to advise clients on regulatory and compliance issues, as well as the risk management, media handling and insurance aspects of a complex product liability claim.

Inevitably each practitioner will have a specialised expertise in a certain industry sector, such as automotive, electronics, engineering, healthcare, manufacturing, pharmaceuticals or tobacco, but they have been recommended for their overall knowledge of the sector in which they are involved.

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Project Finance

The International Who's Who of Project Finance Lawyers, first published in 2001, seeks to identify private practice lawyers with a proven track record in representing sponsors and lenders in project financing and refinancing transactions.

In the course of our survey, we aimed to exclude practitioners who focus on project development and deal with contractual agreements concerning construction, supply, O&M and so forth. However, in jurisdictions where specialisation in project finance is impractical, lawyers may dedicate some of their time to non-financial aspects of projects-related law or they may have a broader practice dealing with general banking, structured or asset finance, or PPP/PFI and privatisation work.

The industry-specific nature of the participants involved in project financing means that there will be lawyers in our final list who have a general specialisation in representing clients in the energy, natural resources, telecom, water and other sectors. Their practices might not deal exclusively with off-balance sheet financing techniques but they have been recommended for their overall knowledge of the sector in which they are involved. Furthermore, it should be noted that the current global economic climate has meant that there has been a general slowdown in new project fundraising. To follow their clients the recommended professionals may have shifted the focus of their practices towards restructuring or M&A, or may be using their expertise to apply project-financing structures in other contexts.

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Real Estate

This edition of The International Who's Who of Real Estate Lawyers seeks to identify private practice lawyers with a proven track record in providing advice to clients incorporating tenants, investors and developers on all aspects of buying, selling, letting, developing and managing real estate.

Practitioners listed in the guide will be able to counsel clients including banks, property companies, hoteliers, institutions, local and public authorities and REITs on issues ranging from real estate investment, development, landowning and occupying to sale and leaseback, borrowing, funding and lending.

In addition, lawyers featured in the publication may be experienced in providing national and cross-border real estate advice, and may also have expertise in transactions in which real estate forms a major part, but which could not be classified as real estate deals in the traditional sense; for example as part of a securitisation or a bond issue.

Inevitably, differing degrees of specialisation are encountered in each of the 34 jurisdictions covered by the publication. However, where the lawyers listed in this guide do not differ is in their outstanding legal ability.

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Regulatory Communications

The International Who's Who of Regulatory Communications Lawyers follows on from three volumes of Who's Who Legal's previous research into telecommunications regulation. As was the case with its predecessor, the new edition seeks to identify external counsel with a particular expertise in the representation of the telecommunications industry in relationships with communications ministries and government or independent regulators. Our research targeted those lawyers who were expert in advising corporates in questions of licensing, interconnection, tariffs, foreign ownership and in other general aspects of compliance with the regulatory regime. Practitioners who excel in communications dispute resolution have also been included. We have endeavoured to filter out (in jurisdictions where the market in legal services allowed such a distinction) lawyers who specialise in advising industry clients on more general corporate and commercial matters. Furthermore, we have tried to exclude, where possible, competition and content regulation specialists, though in some jurisdictions and in the cases of certain individuals, our research suggests the areas are not easily separated.

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Shipping & Maritime

The lawyers featured in this publication are considered leaders in the field of shipping law. Shipping or maritime law is, in essence, the collection of legal matters that would only occur at sea, or involve the maritime industry or those using its services. These issues range from charterparties, contracts for carriage of goods and cargo claims to collisions, piracy and salvage cases.

Non-contentious shipping lawyers act for financiers, shipyards and owners on complex financial arrangements in relation to the construction and purchase of vessels whereas dry shipping litigation experts represent clients with general claims and liability issues arising from the movement of cargoes around the globe. Owing to the fairly specific nature of this area and its perceived distance from more everyday, dry land law, most of the individuals and firms included in this publication will be specialised in this sector of the legal market. However, due to the broad nature of shipping law, one may find that expertise and focus vary between practices and firms within this subject area.

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Trade & Customs

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Trademarks

The International Who's Who of Trademark Lawyers seeks to identify private practice lawyers with a proven track record in representing and advising companies from a range of industries, including consumer products, pharmaceuticals and biotechnology, manufacturing, financial services, publishing, entertainment, computers, telecommunications and the internet, on trademark matters.

As with the previous edition of The International Who's Who of Trademark Lawyers, we have tended to focus our research on pre-eminent trademark litigators - excluding, where possible, trademark attorneys or agents. In jurisdictions where the level of professional specialisation allowed such distinctions, we set patents, e-commerce & commercial litigation advice outside the scope of the research: other books in the Who's Who Legal series identify the specialists in those fields.

The lawyers featured in this publication can be considered to be experts in their specialist areas of Trademark law, often working and advising on a range of matters such as civil litigation, (including infringement and dilution cases, counterfeiting, grey-market goods, false advertising, and cybersquatting), PTO litigation such as oppositions and cancellation proceedings, domain name administrative proceedings, due diligence and prosecution and maintenance of trademarks.

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