Vital signs – the passing of old Ashurst holds new life

Sometimes in institutional terms, something has to die before something new can live. The good news for Ashurst, as chronicled in this month’s cover feature, is that the City player is showing vivid signs of renewed life, with the firm set to post by far its best performance after a decade that has been plain bad. After the low points in late 2016 and early 2017, level-headed people were asking how long this could continue before decline became outright calamity.

The obvious caveat – and it is a substantial one – is that this has come largely by building on the ruins of what Ashurst was: a storied, corporate-driven City player with enviable history and a cohesive culture. What has emerged as the old edifice progressively crumbled is unrecognisable against Ashurst circa 2009. Thanks to its controversial merger with Blake Dawson, the shape and practice mix of the business has radically changed. Its once-vaunted private equity team has been battered down to functional coverage across Europe – the final blow to any borderline claim to first-division status being Freshfields Bruckhaus Deringer’s five-partner Paris raid two years ago. And most of the big-name corporate figures have left over the years or retired – most recently Robert Ogilvy Watson and Simon Beddow – leaving a core corporate practice generating around 20% of its income; on paper, you would expect a firm of this heritage to be doing over 30%. Continue reading “Vital signs – the passing of old Ashurst holds new life”

Sponsored briefing: When is a secret commission secret? A primer on Medsted v Canaccord Genuity

Wilberforce Chambers

Edward Sawyer and Jia Wei Lee look at a recent Court of Appeal decision on the extent of a fiduciary’s obligation to disclose commission payments

In The Attorney General for Hong Kong v Reid [1994] 1 AC 324, Lord Templeman described bribery as ‘an evil practice which threatens the foundations of any civilised society’. And as every trusts lawyer knows, the best way to wage war against depravity is by the well-timed imposition of a constructive trust. What we do not know, however, is how much fiduciaries must tell principals about their commissions. Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd [2019] EWCA Civ 83 gives us part of an answer. Continue reading “Sponsored briefing: When is a secret commission secret? A primer on Medsted v Canaccord Genuity”

Being most things to most clients just isn’t sustainable

Alex Novarese

Years ago, in the immediate wake of the banking crisis, I wrote a column on the notion that top London law firms, having pursued consolidation and growth for the preceding quarter century, had fallen out of love with being big. The argument was that they were increasingly focused on segmentation – meaning tighter focus on their core markets – than consolidation. I have made duffer calls over the years, but in retrospect only one of those points, on losing faith with growth, was substantively borne out. The second observation about a more clearly-segmented legal industry emerging has largely not come to pass. Major London firms have consistently eschewed growth strategies with generally poor results. But no matter the structural pressures building on the legal industry, they have yet to get used to the idea of being more rigorously focused on core markets. Incremental chipping – ditching a bit of structured finance here, a little employment disputes there – is about as good as it got.

Yet there is an increasingly salient argument to be made that major law firms have two broad approaches that look sustainable if they wish to be major forces in high-end law. The first is to operate closer to the classic partner-driven model – a simplified regime based on low leverage, partner-heavy service, and being focused in a relatively small number of markets and geographies. This is a stance successfully applied by many of the more potent US-bred law firms expanding in Europe. Continue reading “Being most things to most clients just isn’t sustainable”

The Mindful Business Charter: In praise of baby steps

meditating businessman in hectic office

The name, the Mindful Business Charter, does not in itself inspire huge confidence but, judging the legal profession on its willingness to at least try to address stress and mental health pressures, the initiative still constitutes pretty much law’s quality-of-life cutting edge.

The venture, first put together last year by Pinsent Masons, Addleshaw Goddard and Barclays, was an attempt to draw up a charter setting out what clients and law firms should reasonably expect of individual lawyers. A kind of rules of engagement, if you will, for not running your people into the ground. Continue reading “The Mindful Business Charter: In praise of baby steps”

The Last Word – Best foot forward

As bellwether Forsters opens the 2018/19 financial reporting season in the UK announcing steady revenue growth, we ask law firm leaders for a progress report

A decent year

‘We don’t have an enormous exposure to M&A. It makes up about 10% of our business, but the sense is people are getting used to the new normal. No one really knows what is going on with Brexit, but they’re just getting on with it and there are deals out there. I dislike the phrase cautious optimism, but it’s been a decent year. The challenge for firms will be finding active clients; we have been looking further afield than we would have done years ago.’

Paul Roberts, managing partner, Forsters Continue reading “The Last Word – Best foot forward”

The Legal Business Awards – Night to shine

The 22nd annual Legal Business Awards featured more than 1,000 guests in a gala ceremony on 28 March, hosted by comedian, writer and actress Meera Syal.

Before the Awards, in-house guests gathered for the launch of our seventh annual GC Powerlist, with key representatives from FTSE 100 companies such as BAE Systems, Anglo American and Rolls-Royce in attendance. Continue reading “The Legal Business Awards – Night to shine”

Global disputes hubs jostle for position – Where in the world?

City runner

For large companies and ultra-high-net-worth individuals, disputes are an inevitable feature of doing business. According to the Litigation Trends Annual Survey, published by Norton Rose Fulbright, US companies now spend $1.2m on disputes per $1bn of annual revenue. Add in the growth of non-US companies involved in disputes and tens of billions of dollars are being spent worldwide in resolving them. Where those disputes are resolved, and in what form, is evolving in line with the global economy – as economic power shifts eastwards, so does the volume of disputes.

Despite this trend, which is underpinned by intense competition from rival dispute resolution centres in Asia, London continues to be the world’s most favoured international disputes destination – at least for now. As rival jurisdictions seize the opportunity to increase their share, the battle for business shows no sign of abating. Continue reading “Global disputes hubs jostle for position – Where in the world?”

Sponsored briefing: Enforcement reimagined

White & Case

Chris Brennan follows on from his panel discussion at the Financial Services Regulation and Disputes Summit to explore the options for reforming investigations and enforcement

The closing panel of the recent Legal Business Financial Services Regulation and Disputes Summit was asked to discuss how they would approach the establishment of a new regulatory enforcement body. This article picks up on some of the themes discussed. Continue reading “Sponsored briefing: Enforcement reimagined”

Sponsored briefing: Financial litigation in India – An analysis of recent developments in insolvency law

Singh & Associates

Daizy Chawla charts the progress of India’s Insolvency and Bankruptcy Code

‘The Insolvency Code is a legislation which deals with economic matters and, in the larger sense, deals with the economy of the country as a whole.’ Continue reading “Sponsored briefing: Financial litigation in India – An analysis of recent developments in insolvency law”

Sponsored briefing: Technology disputes – A perfect storm of complex technical, legal and business issues

Milbank

Julian Stait and Tom Canning, litigation partners in the London arm of Milbank, look at the complex field of tech disputes

Disputes arising out of complex technology projects continue to arise with alarming frequency; the more complex the project, the more likely it is that problems will arise. And yet, looking back over a large number of years of handling these types of disputes, many of the key causes, issues and themes remain the same, notwithstanding the passage of time. Why is that? Continue reading “Sponsored briefing: Technology disputes – A perfect storm of complex technical, legal and business issues”

‘Mealy mouthed’ – Law Society draws fire for ethically ‘weak’ guidance on #MeToo gagging deals

Zelda Perkins

The #MeToo debate continues to garner stories with a legal slant as the Law Society’s recent practice note on the use of legal gagging contracts has been criticised for being vague to the point of unethical.

Crispin Passmore, the former executive director of the Solicitors Regulation Authority (SRA), this week slammed The Law Society’s practice note on non-disclosure agreements (NDAs) in sexual harassment cases, calling for the guidance to be scrapped altogether. Continue reading “‘Mealy mouthed’ – Law Society draws fire for ethically ‘weak’ guidance on #MeToo gagging deals”

Sponsored briefing: The coming of age of arbitration in Africa

MoloLamken

Rémy Gerbay looks at whether Africa could prove a suitable arbitration seat for US corporations

Private investments by US corporations in Africa are expected to increase in the coming years. In turn, cross-border disputes are also expected to surge. This comes at a time when arbitrating disputes on the African continent is slowly becoming an increasingly viable option for US corporations. Continue reading “Sponsored briefing: The coming of age of arbitration in Africa”

Sponsored briefing: The Mauritius International Arbitration Act – A decade on

Benoit Chambers

Rishi Pursem SC and Bilshan Nursimulu discuss how Mauritius has evolved to become an increasingly popular choice for arbitration

On 1 January 2009, the Mauritian International Arbitration Act came into force. It created a completely new regime for international arbitration and expressly provides that it is to be developed in keeping with the international principles underlying the UNCITRAL Model Law. Continue reading “Sponsored briefing: The Mauritius International Arbitration Act – A decade on”

Sponsored briefing: A new ADR instrument for conflicts between beneficiaries and professional fiduciaries

Walch & Schurti

Moritz Blasy, Nicolai Binkert and Simon Ott detail Liechtenstein’s new conciliation procedure

Liechtenstein’s fiduciary and financial services industry has a long history of rendering high-quality services to an international clientele of high-net-worth individuals. For almost 100 years Liechtenstein’s unique legal system has attracted high-net-worth individuals seeking to structure their wealth. The Liechtenstein foundation and the Liechtenstein trust have proven to be particularly popular wealth-structuring vehicles. Continue reading “Sponsored briefing: A new ADR instrument for conflicts between beneficiaries and professional fiduciaries”

Sponsored firm profile: JMiles & Co

JMiles & Co

JMiles & Co specialises in international arbitration, mediation and fraud and asset recovery and is a recipient of the Law Society of England and Wales Excellence Award for international legal services. We have acted for African governments and private clients in Africa and elsewhere across the world. The team consists of lawyers who have qualified and practised in England, Kenya and Singapore and have a deep understanding of the legal and commercial realities of doing business in Africa and is one of the only entities in East Africa providing specialised advice and representation to clients on international arbitration.

Continue reading “Sponsored firm profile: JMiles & Co”

Legal technology sponsored briefing: Going paperless – how to do it and what you will gain

Foxit Software

DeeDee Kato of Foxit Software details the benefits of going digital and how firms can do so efficiently

Paperless initiatives are happening everywhere, whether you are a federal or state court system with e-filing requirements, or a hospital with fax-elimination/paper-elimination objectives. Law offices are no different. While there is doubt that firms will ever be entirely paperless, many have set high goals for paper reduction. Yet there are many things to consider, such as: Continue reading “Legal technology sponsored briefing: Going paperless – how to do it and what you will gain”

Legal technology sponsored briefing: Spear phishing – Carefully targeted, extremely damaging and fast increasing

FTI Consulting

Muthmainur Rahman on the increasing threat of sophisticated, personalised phishing

It is a depressingly familiar experience – a message pops into the recipient’s inbox demanding that they log-in to their bank account, office systems or email provider urgently. Badly written, often featuring a generic salutation (‘Dear Valued Customer’) and frequently purporting to be from a bank or other organisation that the recipient is not even a customer of, most of these messages are instantly deleted. Continue reading “Legal technology sponsored briefing: Spear phishing – Carefully targeted, extremely damaging and fast increasing”

Legal technology sponsored briefing: GDPR contract amendment and remediation

Conduent

Simplify, automate and expedite contract amendment and remediation (repapering)

The General Data Protection Regulation (GDPR) became effective on 25 May 2018. An important part of GDPR compliance is amending or ‘repapering’ vendor contracts, which can be time consuming and expensive. Our digitally powered approach to repapering can save you 40-80%.1 Continue reading “Legal technology sponsored briefing: GDPR contract amendment and remediation”

Legal technology sponsored briefing: The Network Effect – How the AI-powered legal profession is gathering pace

Luminance

Luminance’s Emily Foges on the advance of legal tech

In 2019, relationships between different legal service providers are a driving force for the adoption of legal technology. Following the emergence of true artificial intelligence (AI) within the market, the rate of adoption is gathering speed in firms and organisations as technology has increasingly become a competitive necessity. True AI harnesses the latest advances in machine learning solutions to empower lawyers to return to the first principles of law; fulfilling the time-honoured role of trusted adviser. This ground-breaking technology also serves to eliminate some of the historic barriers to adoption. Flexible, ‘learning’ algorithms are able to adapt to any document set and law firm, regardless of language, jurisdiction or specialism. This delivers value from day one, eliminating the need for resource and time-sapping configuration periods needed by extraction and rules-based systems. The real difference this time is that lawyers no longer need to adapt their professional processes to accommodate new solutions. Continue reading “Legal technology sponsored briefing: The Network Effect – How the AI-powered legal profession is gathering pace”