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A&O, Sullivan and Wachtell win roles on Bayer’s $62bn bid for Monsanto

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Allen & Overy (A&O), Sullivan & Cromwell and Wachtell Lipton Rosen & Katz have won mandates on the latest billion-dollar merger between Bayer and Monsanto.

Chemicals company Bayer has made a proposal to acquire agricultural giant Monsanto for $62bn, calling upon Sullivan & Cromwell for M&A advice.

The US firm fielded a US and UK team led by corporate partners Matt Hurd and Eric Krautheimer, based in New York and Los Angeles respectively. They were supported by New York antitrust partner Steven Holley and London partner Juan Rodriguez.

Bayer also turned to A&O for financing advice on the proposed acquisition, with partner Neil George Weiand leading in Frankfurt. German partner Thomas Neubaum also assisted on the financing side, along with London partners Nicholas Clark and George Link.

Corporate matters were meanwhile handled by Düsseldorf partner Hans Diekmann and London partner Stephen Mathews, while German partners Oliver Seiler and Marcus Helios provided capital markets and tax advice respectively.

The target Monsanto confirmed it is being advised by US firm Wachtell Lipton Rosen & Katz, with Morgan Stanley and Ducera Partners acting as financial advisers.

The enlarged company would be able to provide crop protection, biologics and digital farming platforms, with Monsanto also specialising in seeds and traits.

Background to the deal 

In the last year, Monsanto has been both the acquirer and target. Last year, it had looked to acquire Syngenta in a deal worth over $45bn, again turning to Wachtell Lipton Rosen & Katz for support. The deal fell apart and Syngenta was snapped up China National Chemical Corporation for $43bn.

German pharmaceutical giant Bayer counts A&O as one of its main advisers, appointing it on to its Emea and US panel in 2013. Sullivan & Cromwell also made it onto the list, winning a role on Bayer’s acquisition of Merck’s consumer care business in 2014.


Bär & Karrer advises EQT on settlement of public tender offer

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On 29 February 2016, EQT VII, a fund of the private equity group EQT acting through Kiwi Holding IV S.à r.l., launched an all-cash public tender offer for all listed shares in Kuoni Travel Holding Ltd. With the satisfaction of all its conditions, the offer was successfully settled today. EQT currently holds 98.02 per cent of the voting rights and 97.52 per cent of Kuoni’s share capital.

Bär & Karrer acts as EQT’s legal adviser. The team includes Till Spillmann, Dieter Dubs, Rolf Watter, Andrea Giger, Adrian Koller, Ivo von Büren, Annina Dillier as well as Markus Wang (IP), Susanne Schreiber (tax) and Mani Reinert (competition law).

HSF adds Bowman Gilfillan corporate partner to South Africa presence

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Herbert Smith Freehills (HSF) has launched a South African corporate practice with the hire of Bowman Gilfillan partner Rudolph du Plessis.

Du Plessis’ hire follows HSF’s Johannesburg launch last October through the appointment of Webber Wentzel finance lawyer Brigette Baillie and mining specialist Peter Leon and the relocation of Moscow banking and finance head Ed Baring and Paris energy and infrastructure head Bertrand Montembault.

In his 15-year career as a partner at Bowman Gilfillan Du Plessis has advised clients including Standard Bank and the Alexander Forbes group. He has particular expertise on cross-border M&A and advises companies on structuring issues and exchange control regulations relating to investment into South Africa.

Du Plessis said he was “attracted to Herbert Smith Freehills’ ambitious plans in the corporate market”.

Leon said HSF was committed to providing an “end-to-end” service in Africa.

Meanwhile DLA Piper has also hired a corporate partner from a South African firm. Webber Wentzel partner Johannes Gouws joins the firm as local managing partner.

He will rejoin former colleagues from DLA’s previous South African ally, Cliffe Dekker Hofmeyr, including chief operating officer Michael Whitaker. DLA announced it was opening its own office in Johannesburg last August after abandoning its alliance with Cliffe Dekker.

Gouws worked at Cliffe Dekker legacy firm Hofmeyr Herbstein & Gihwala before leaving to join banking group Absa as general counsel. He was a partner at Webber Wentzel since 2008 and was most recently financial services sector group head.

Clifford Chance and Freshfields take the lead on Midea’s offer for Kuka

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Clifford Chance and Freshfields Bruckhaus Deringer have scooped the lead roles on Midea Group’s offer for robot maker Kuka.

Freshfields Bruckhaus Deringer advised home appliances manufacturer Midea, with its affiliate Mecca International announcing the takeover offer.

Hong Kong partner Richard Perks led the team for Chinese-headquartered Midea, alongside partner Arend von Riegen in Frankfurt.

The firm’s magic circle rival Clifford Chance meanwhile took the lead role for the target Kuka, which is a German company valued at $5bn (£3.4bn). Its team was led by Frankfurt partner Andreas Dietzel, who was supported by Düsseldorf partner Christian Vogel.

Hong Kong corporate partner Amy Ho was also involved, as well as litigation partner George Kleinfeld and competition partner Marc Besen in Washington DC and Brussels respectively.

The tie-up would create a company with revenues of over €20bn and 120,000 employees.

Background to the deal 

The deal is the latest in a series of announcements by Chinese companies to acquire European assets. One of the most active Chinese corporations has been China National Chemical Corporation (ChemChina), which bought Syngenta for $43bn, KraussMaffei Group for $1bn and tyre company Pirelli.

Clifford Chance is a longstanding adviser to Kuka, having advised it on a tender offer for all shares in Swisslog Holding in 2014, as well as the purchase of a stake in the Reis Group.

BLP boosts Hong Kong asset finance with boutique bolt-on

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Berwin Leighton Paisner (BLP) has acquired Hong Kong-based asset financing boutique William KK Ho & Co, two months after seven asset finance lawyers left to join Holman Fenwick Willan (HFW).

The five-lawyer team hire includes managing partner William Ho and partner Jackson Chow, who both specialise in asset financing.

Ho is an expert in aviation financing and has a broad range of experience across export credits, sovereign lending, tax leasing operating leases and the sale and purchase of aircraft and shipping vessels.

Chow’s clients include a number of airlines, banks and aircraft lessors. He has a broad range of experience covering cross-border financing transactions, asset backed securitisations, Japanese operating leases and French tax leases.

Associates Karen He, Clara Lam and Calvin Leung will also be joining the firm along with paralegal Victoria Li. BLP has also hired William KK Ho’s three business services staff.

BLP head of finance Adam Dann said: “The aviation financing and leasing market is booming at present. In the next 20 years, it is estimated that over 35,000 new aircraft will be required to meet an expected annual five per cent growth in world passenger travel.

“These hires enhance our global finance capabilities and are wholly in alignment with a key part of the firm’s overall strategy to continue to develop our debt finance and corporate capabilities.”

BLP also boosted its aviation practice through the recent hire of Colin Thaine as aviation business principal in April. Thaine specialises in aircraft financing in the aviation industry and has worked at Airbus, BCAL and Qantas.

The acquisition comes as the Hong Kong government prepares to launch a series of initiatives to promote the region as a leasing and financing centre.

The new team will join BLP on 18 July 2016.

BLP’s asset finance team took a hit in March when seven of the firm’s asset finance lawyers left to join HFW. The team was split across BLP’s Singapore and Hong Kong offices and included partners David Brotherton and Justin Sun.

Revealed: Judging panel for The Lawyer Business Leadership awards

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A mix of senior in-house lawyers, law firm CEOs and business services groups leaders will make up this year’s judging panel for The Lawyer Business Leadership Awards.

The in-house lawyers on the panel include Angus McBride, general counsel at News UK and Maria Passemard, head of legal projects at John Lewis.

Clyde & Co chief executive Peter Hasson and Denise Nurse of alternative resourcing firm Halebury represent firm-wide leaders while the 16-strong roster also includes three chief operating officers from a range of firms.

In addition, key business services groups such as technology, HR and finance will be represented on the panel, which will assess providers’ innovation in legal services delivery across a range of areas.

This year there are 24 awards including four grand prix prizes covering the main areas of business services. The categories have been designed specifically to reflect innovation in a range of legal services suppliers and reward legal services professionals that have shown genuine innovation in terms of delivery.

For more detail on the categories and the awards, including how to enter this year, click here. The final deadline for entries is Wednesday 1 June.

A shortlist for The Lawyer Business Leadership awards will be announced on Monday 27 June 2016.

The final winners will be announced at on 28 September at the awards, part of The Lawyer Business Leadership Summit on 28 and 29 September.

The judging panel in full

  • Jane Bradbury, head of knowledge & information, Slaughter and May
  • Bruce Braude, head of strategic client technology, Berwin Leighton Paisner
  • Martin Cohen, senior legal adviser, Home Retail Group
  • Michelle Elstein, director of market development and strategy, Europe, Morrison & Foerster
  • Peter Hasson, chief Executive, Clyde & Co
  • Siddharta Mankad, chief operating officer and partner, Kemp Little
  • Angus McBride, general counsel, News UK
  • Sarah Nelson Smith, European legal director, Kentucky Fried Chicken
  • Denise Nurse, chief executive officer, Halebury
  • Bruna Pellicci, IT director, Ashurst
  • Nick Salmon, EMEA chief operating officer, White & Case
  • Natalie Salunke, European counsel, Enterprise Rent A Car
  • Fiona Scott, finance director, Kennedys
  • Wendy Tomlinson, head of learning and development, Taylor Wessing
  • Andrew Wansell, chief operating officer, Boodle Hatfield

S&O Partnership listed in Acquisition International’s Best Boutique Law Firms 2016

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S&O Partnership has been listed in Acquisition International’s Best Boutique Law Firms 2016.

The publication said: “S&O Partnership is a leading firm of criminal and regulatory lawyers that delivers specialist legal advice through a modern, stream-lined practice.”

S&O provides criminal, regulatory and professional discipline advice to privately paying individuals and businesses, specialising in heavyweight investigations and subsequent litigation across the full spectrum of its practice areas. The firm has acted for a number of high-profile individuals in relation to various types of investigations.

The 60-second interview: Back offices help international strategy

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Halebury head of BD Helen Burness provides the alternative legal providers’ perspective on law firms’ strategy to outsource work (and roles) to Warsaw and Manila in The Lawyer’s 60-second interview on key topics from the upcoming Business Leadership Summit.

Are you surprised by this apparent sudden rush to places like Warsaw and Manila?

I’m not necessarily surprised by the move. Since the crash in 2008 and the rash of outsourcing which occurred, Big Law firms have been constantly looking at ways to reduce overheads and streamline their businesses. The timing of the announcements is interesting, but the fact it is happening is not a surprise. Other industries did this a long time ago.

There was the previous spate of outsourcing to countries such as India and South Africa which tended to be driven by their low-cost centres. There were mixed reviews on the success of those ventures but a lot should have been learned since then about successful outsourcing. The trend for firms to expand their international reach it is not surprising, as there is an appetite to move away from traditional large and expensive London HQs. Improved technology makes this more of a possibility too, which I suspect is why we are also seeing a broader range of outsource locations.

Is the vocabulary that firms are using i.e. ‘relocating roles’ misleading, in that the reality is these are simply job cuts?

When undergoing such streamlining, firms will always look to use ‘positive’ language, to keep the PEP levels high and meet customer expectations something has to give. However by creating these efficiencies, businesses are able to grow.

Other than costs reduction, what are the biggest advantages of Warsaw over Manchester or Belfast?

For international firms keen not to be seen as too London/UK-centric, moving part of their back office function to a CEE location could be seen as positive central ‘relocation’ of resources.

What sorts of roles do you think will be affected?

If recent examples of similar moves are an indicator, I would anticipate that back office functions such as IT helpdesk, finance and billing systems, secretarial or document systems and possibly due diligence capability would be most likely affected.

What job prospects do you think there are for the people who lose their roles in these cuts?

The legal industry and those that work in it are generally regarded as highly trained and skilled, which is one of the reasons legal secretaries and support staff in legal are more highly paid than in other industries. It is hard to say what the prospects are for those who are will lose their roles, but they should note that they have good, transferable skills.

What sorts of challenges does a move like this create for the lawyers working in head office?

Usually it’s around trust and continuity of service if a provider is moved to a different time zone/location. There will need to be internal comms to ensure all know how to access services moving forward and be reassured that support level will not be compromised by the move.

Managing change in an organisation is always a challenge and getting used to new systems and processes may be difficult. However, in reality how often lawyers will have engaged with their London based colleagues in person is questionable, so from a certain perspective there may not be much difference.

Do you think we’ll see more of these moves by other major firms?

I think all levels should consider it and will. What is important for any firm looking to outsource is to ensure that they have correct procedures in place for quality control.

Ultimately, despite the human cost involved, is this what a properly managed large business ought to be doing?

In this competitive market, I think all law firms need to ensure they are run efficiently in a business-like way and remain agile. In a partnership model where the biggest overhead (aside from property) is people, ‘back office’ functions will always be looked at first for cost-saving.

Halebury BD head Helen Burness is part of the advisory board for The Lawyer’s upcoming Business Leadership Summit. Find out more about the event and register your place to attend here.


Osborne Clarke introduces hot-desking in new Reading office

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Osborne Clarke has adopted a “sit anywhere, work anywhere” policy in its new Thames Valley office.

The firm’s lawyers have been working open plan and flexibly since 2001, but the new “connected approach” means they will no longer have an allocated desk and can work anywhere.

The approach means all desks will need to be cleared at the end of day, making staff less reliant on paper in the workplace.

“Before we moved offices in Reading, everyone had an allocated desk,” said head of organisational development Barry Gipson. “But as we instigated the move, it gave us all the more reason to think about new ways of working and how it would work in practice.”

Gibson said the new way of working had enabled the firm to make the most of the space and save costs. The amount of square footage occupied by Osborne Clarke has gone down, while the amount of client space has increased, as Reading becomes more of a hub for international clients travelling to the UK.

The changes mean there will now be fewer desks in the Reading office compared to the number of full-time staff. However, Gipson, who has been heavily involved in the eight-month long project and discussions with staff, said this was not an issue.

“It’s not a problem if all the desks are taken up, as you can just go and sit in the café or meeting areas,” he said. “It wasn’t an imposed thing and we also have a lot of touch-down desks for visitors that can be used.”

There are currently no plans to adopt the new working policy in Osborne Clarke’s other offices in the UK, although it could be an option if the structure takes off.

“All the initial signs are pleasing,” said Gipson. “I think there is an appetite for moving other offices in this direction, but we need to sit down with those lawyers to talk through their needs.”

Osborne Clarke follows a whole host of firms to have announced a mixture of agile and flexible working options. US firms Shearman & Sterling, White & Case and Mayer Brown recently announced agile working policies this year, with Macfarlanes revealing a new flexible working scheme and Foot Anstey piloted “warm-desking” last year.

10 projects from BWB shortlisted for 2016 Stephen Lloyd Awards

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Bates Wells Braithwaite has just finished shortlisting 10 fantastic projects which were successful in the 2016 application process, and have now moved into the development phase.

Over the next few weeks each of them will be developing their projects and preparing for their pitch at the finalé event on the evening of 22 June.

Each project’s summary of their pro bono needs for their development phase can be viewed here: 2016 shortlisted. The shortlisted organisations are:

  • Campaign Bootcamp
  • Canute
  • Feedback
  • Findacure
  • How Do I?
  • Community Health Innovation CIC
  • Prison Voicemail
  • Schools Consent Project
  • Talkasaurus
  • Zephx Ltd

For further information on Stephen Lloyd Awards in general, please visit www.stephenlloydawards.org.

Bär & Karrer advises Investindustrial on acquisition of majority equity stake

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Investindustrial, a leading European investment group, has signed an agreement with Catelli S.r.l. to acquire 60% of the share capital of Artsana Group S.p.A..

Bär & Karrer acts as Swiss legal and tax counsel to Investindustrial in this trans- action. The Bär & Karrer team includes Paolo Bottini, Susanne Schreiber, Matthias Bizzarro, Michel Morelato and David Trachsel.

Bär & Karrer advises TE Connectivity on completion of acquisition

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TE Connectivity Ltd. (NYSE: TEL), a Swiss domiciled world leader in connectivity and sensors, completed its acquisition of Jaquet Technology Group, a Swiss dom- iciled global engineering and manufacturing company.

Bär & Karrer acted as legal counsel to TE Connectivity. The team included Ralph Malacrida, Mani Reinert (competition law), Thomas Stoltz, Micha Schilling, Célia Jimenez, Jonas Bornhauser (IP/IT), Philipp Gubler and Florian Roth.

Schoenherr launches new Anti-Corruption Guide available on new online portal

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Schoenherr has launched the comprehensive Anti-Corruption Guide for CEE (the “Guide”). The guide provides an overview of all relevant anti-corruption and related criminal law regulations throughout the region. It encompasses off and sanctions as well as presenting an overview of the limits of criminal liability. The guide is now available online an was published by Schoenherr’s compliance & white collar crime expert, Heidemarie Paulitsch. A total of 23 authors fr across Central and Eastern Europe have collaborated on the guide.

The new Schoenherr online knowledge portal (Knowledge Portal) is being launched in conjunction with the publicatio the guide. It is a comprehensive legal comparison tool which can be used to research different legal questions across jurisdictions. The portal is designed to be user-friendly and populates answers at the click of a button.

“Our anti-corruption guide will steer the reader in a clear manner through the anti-corruption laws across Central and Eastern Europe. I am thrilled that with this publication, we can also simultaneously use the new Knowledge Portal, wh can facilitate simplified comparison of legislation across different jurisdictions.” says Heidemarie Paulitsch who initiat the publication.

You can access the Anti-Corruption Guide at knowledge.schoenherr.eu.

The Lawyer Business Leadership Summit and Awards: Why you should be there

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The Lawyer deputy editor Matt Byrne reveals the jam-packed agenda and themes in the upcoming Business Leadership Summit and Awards on 28 and 29 September. To find out more about the event’s brilliant speaker lineup, the themes in the conference and how to book your place, click here. To enter the Business Leadership Awards, click here.

DAC Beachcroft strikes first Northern Ireland best friend deal

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DAC Beachcroft has agreed a formal best friends relationship with Northern Ireland insurance firm McKinty & Wright.

The three-year deal will see DAC and McKinty & Wright refer work to each other from shared clients as well as combining the marketing of the two firms.

DAC has offices across England, Scotland, Wales and the Republic of Ireland but has no offices of its own in Northern Ireland.

Managing partner David Pollitt said that the agreement would allow DAC to offer an “unrivalled coverage across the UK and Ireland” now that the firm has bases across all five jurisdictions.

Belfast-based McKinty and Wright is a specialist insurance defendant firm and has 19 lawyers and seven partners. The agreement will launch on 1 June.

In April DAC submitted an application to the Malaysian Bar Council for a licence to form a joint venture (JV) in the region. The JV will be set up with DAC’s existing local association firm Gan Partnership. The two firms have worked together since 2012 when Gan Partnership launched after a number of its lawyers left local firm Le Hishammuddin Allen & Gledhill.

DAC also has associations in Canada with McCague Borlack and Brrazil through Demarest Advogados. The firm also operates a number of best friend relationships across Austria, Belgium, France, Germany, Italy, Netherlands, Portugal and Sweden.


The 60-second interview: “No firm will succeed by cost cutting alone”

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Osborne Clarke IT director Nathan Hayes says that firms should focus on service, not cost cutting in The Lawyer’s 60-second interview on key topics from the upcoming Business Leadership Summit.

Are you surprised by this apparent sudden rush to places like Warsaw and Manila?

Not particularly. It is about time that law firms with large London-based business support or paralegal functions looked to relocate them to lower cost locations. Where best to locate them, whether simply outside of London, near or off shore will be dependent on the size and nature of the firm.

For large truly global firms, off shoring from London would appear to have a significant cost differential, but such an initiative has to be coupled with a greater focus on improving and developing innovative services to clients. No firm will succeed by cost cutting alone.

Is the vocabulary that firms are using i.e. ‘relocating roles’ misleading, in that the reality is these are simply job cuts?

I don’t think it’s misleading. The roles are most likely being relocated as described, but that doesn’t mean there won’t be a human impact on the people in the UK whose roles are being relocated.

What do you think is the salary differential between say Warsaw and Manchester?

Not as significant as the differential between say Warsaw and London – so Dentons and Norton Rose Fulbright seem to be in a good position to make a success of their initiatives. Any firm that is offshoring from somewhere like Manchester to Warsaw will, I am sure, be hoping that the differential stays significant enough over the next few years to offset the substantial one-off transition costs involved. I’m not overly convinced it will, but DLA will be of a different opinion.

Other than costs reduction, what are the biggest advantages of Warsaw over Manchester or Belfast?

If the skills are accessible, I can’t imagine that any other advantages would have as significant an impact as the reduction in costs.

What sorts of roles do you think will be affected?

Back office staff mainly, but I should imagine that those involved in such an initiative will be looking for as many roles as possible to be affected in order to provide as much support as possible to the business case.

Does the fact that the numbers are so large reveal that these firms were over-staffed?

Only firms with large teams are in a good position to glean the benefits of offshoring. So it’s no surprise to me that the number of roles involved in the recent offshoring announcements are so significant.

What job prospects do you think there are for the people who lose their roles in these cuts?

Within legal in London job prospects are patently not as strong as they were before the recent spate of offshoring announcements.

What sorts of challenges does a move like this create for the lawyers working in head office?

Unless the current service is substandard I would suggest in the short term during the transition process that service quality will drop although in the longer term, as long as the initiative is a success, they will no doubt recover and possibly exceed the current arrangements.

Do you think we’ll see more of these moves by other major firms?

Yes. Any firm with a large London based business support or paralegal function should be looking at relocating those services at least to a UK region outside London if not to a near shore or off shore location.

Osborne Clarke IT director Nathan Hayes is part of the advisory board for The Lawyer’s upcoming Business Leadership Summit. Find out more about the event and register your place to attend here.

Three top tips: Success as a family lawyer

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Irwin Mitchell partner Ros Bever shares her top three tips for success as a family lawyer.

Clydes launches in Miami with litigation bolt-on

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Clyde & Co has made good on its promise to open in Miami by acquiring local litigation boutique Thornton Davis Fein.

The news comes a month after The Lawyer first revealed that Clydes was circling Miami firms in a bid to open an office in the city.

The entire team from Thornton Davis Fein will join Clydes. The team includes five partners and another 35 lawyers and staff.

The Miami hires bring the number of Clydes fee-earners in the US to 160, spread across six offices.

Thornton Davis Fein has a reputation for handling complex litigation and trials for corporations and insurers. It has particular strength in product liability and construction, as well as in core Clydes sectors of aviation, insurance and marine.

Clydes is also relocating partner Ricardo Lewandowski from London to launch a Latin American liaison service in Miami.

In a statement Thornton Davis Fein senior partner Barry Davis said: “The landscape of law in the US is changing. Law firms are consolidating in order to provide greater national and international bench strength to their clients. With our shared approach to sectors and its commitment to building a sizeable US presence, joining Clyde & Co has been a very natural decision. We now have huge potential to further expand in Florida and to play a part in Clyde & Co’s US growth story.”

Mike Knoerzer, a member of Clydes’ US management board, added that the firm was seeking to be the “pre-eminent insurance coverage law firm for global insurance carriers and the London Market and to build a network of trial and defense capability” across the US.

The merger is expected to complete by 1 July.

Clydes launched in New York and Los Angeles in 2006 after hiring four partners from US firm Condon & Forsyth. Since then Clydes’ US offering has grown to around 150 lawyers across its five offices in Atlanta, Los Angeles, New Jersey, New York and San Francisco.

Ilyashev & Partners sees success at Legal Awards 2016

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Ilyashev & Partners Law Firm has been named Law Firm of the Year in Bankruptcy and senior partner Roman Marchenko is recognised as the best in the nomination “Best Lawyer in Arbitration” at the tenth anniversary ceremony of the Legal Awards of the Year on May 24, 2016.

In addition, Ilyashev & Partners came into the list of finalists in such nominations:

  • Law Firm of the Year;
  • Law Firm of the Year Arbitration;
  • Law Firm of the Year for Business Protection;
  • Law Firm of the Year in Medicine and Pharmaceuticals.

In the short-list of personal nominations the following lawyers were marked:

  • Mikhail Ilyashev, managing partner, attorney at law, in the Best Litigation Lawyer, Best Partner of Law Firm categories
  • Artem Orel, attorney at law, in the Best Attorney in Criminal Cases category

Gowling WLG sees success in latest stage of Glee case

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The Court of Appeal has ruled that trade marks registered as a series are compatible with EU law.

The decision, handed down today (25 May) marks another victory for Gowling WLG client Comic Enterprises Limited (Comic) in its long-running dispute with media giant Twentieth Century Fox (Fox) over the TV show “Glee”.

Partner Cerryg Jones and senior associate Nick Smee advised Comic, owner of The Glee Club comedy and music chain. Douglas Campbell QC acted as counsel.

The Court of Appeal’s decision removes the uncertainty over the validity of tens of thousands of UK marks registered together as a series. It also means that this registration practice, along with the associated price discounts currently offered by the UK IPO, can continue.

The decision is expected to be widely welcomed by brand owners holding (or interested in holding) UK trade marks registered as a series.

Specifically, the Court of Appeal has held that the practice of registering trade marks together as a series does not contravene the EU requirement that a trade mark must be capable of being graphically represented in a clear, self-contained, easily accessible, intelligible, durable and objective manner.

In February 2016 the Court of Appeal confirmed that The Glee Club’s trade mark had been infringed by the Fox’s ‘glee’ show.

Comic Enterprises established its first live entertainment venue in Birmingham in 1994 and now operates venues in Cardiff, Oxford and Nottingham. The owner, Mark Tughan, registered the trademark almost a decade before the launch date of the “glee” television series in 2009.

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