Return of the black dog – Hard times return for Cyprus’ legal community

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Wind back 12 months and the mood from the Cypriot legal community was undeniably improving. The island was meeting the terms of its €10bn bailout from Europe, following near economic collapse in 2013; the discovery of gas reserves offshore looked particularly favourable; and even the Turkish and Cypriot halves of the country had begun reviving stalled peace talks with the aim of once and for all reuniting the island.

Once again, though less happily this time, what a difference a year makes. Twenty four months on from the EU-imposed haircut, a feeling of pessimism has returned to Cyprus – certainly among its legal elite.

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Trading Places – Israel’s tech-heavy legal market widens its global reach

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Shimon Peres, the 91-year-old former Israeli president, may not be the most obvious social media fanatic. Yet in 2014 he opened an account on Weibo, China’s equivalent of Facebook, expressing his desire to interact directly with the Chinese people, including its younger generation. The nonagenarian quickly received over 50 million ‘likes’ on his Weibo page.

This symbolises a wider cultural and economic shift. For decades, Israel’s political elite has made much of the nation’s natural affinity with the US and the influential Jewish community there. That umbilical cord to the world’s most powerful nation that has fertilised Israel’s tech and start-up community remains intact. But in recent years, as western pressure and sanctions have been exerted on Israel over its conflict with Palestine, it has turned its sights to the East, where Asian jurisdictions have taken a less judgemental line on its political and military stance.

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Aftershocks – hard decisions for Swiss lawyers amid a turbulent market

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When even that most venerable of Swiss industries, watch-making, comes under threat, you know the country has a problem. But this proved to be the case in the early weeks of 2015: global brand Swatch saw its share price slump 15% after the Swiss National Bank (SNB) announced on 15 January that it would abandon the cap on the Swiss franc against the euro that it first introduced in September 2011. Keeping the franc at CHF1.20 to the euro had became increasingly expensive for the SNB, as it sold its own currency and bought up euros, sterling, US and Canadian dollars and yen, usually in the form of government bonds.

Many were shocked by the move, which has left investors worrying that with the CHF now floating against the euro, Swiss companies will struggle to maintain export levels. Swatch chief executive Nick Hayek called the decision ‘a tsunami’ for Switzerland’s economy. Mark Haefele, chief investment officer of UBS, has estimated that the policy will cost Swiss exporters close to CHF5bn (£3.3bn), equivalent to 0.7% of Swiss economic output.

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The tide is high – the report card on the world’s top offshore players

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With global corporate markets experiencing a resurgence in 2014, the strongest offshore law firms had key roles to play in the world’s most high-profile deals and disputes. Legal Business’ annual offshore survey assesses recent highlights and profiles the leading offshore law firms.

In many ways, the last 12 months have represented another robust year for the ten largest global offshore law firms. In our first annual report on those firms last year, a number cited double-digit increases in revenues on the previous year. This year, a number are again reporting significant growth.

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Stuck in the middle – CEE advisers buffeted from pressures from east and west

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On a Sunday night in mid-November last year, people gathered on the streets of Bucharest in their thousands to celebrate the choice of Klaus Iohannis as Romania’s next president; a liberal thinker and the first person from the country’s ethnic German Protestant minority to be elected. With a voting turnout of 62%, the highest in 14 years, Iohannis’s appointment was considered a surprise for this conservative, majority-Eastern Orthodox country.

While in essence a protest vote against the incumbent government and its socialist prime minister Victor Ponta, who ran a staunchly nationalist campaign, Iohannis’ election may well prove to be an asset for the nation. The centre-right leader’s plans to modernise Romania include establishing an anti-corruption regime – the country is widely regarded as among the most corrupt in Europe – focusing on the rule of law, safeguarding the independence of the judiciary and, equally important, winning western investment (well before the election, Romania regained its investment credit rating for the first time in six years from Standard & Poor’s). Most importantly, Iohannis’ election signals the increasingly progressive mood of the Romanian public, which is good news for the domestic and international law firms operating there.

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Constructing continents – the clients and advisers targeting Africa’s booming infra market

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In August this year, President Obama hosted the largest US-Africa leaders’ summit ever, with the heads of nearly every African nation gathering in Washington DC. As well as working on governance and leadership issues, Obama talked to a business forum hosted in the Mandarin Oriental, with 90 US firms and over 100 major African companies attending, in an attempt to broker deals and build relationships across the Atlantic.

The summit came after 18 months that have seen increasing numbers of US institutions committing money to the continent and stoking opportunities for law firms. But the US is late to the game with Asian, Middle Eastern and European players having an established presence while local developers have become increasingly prominent. Continue reading “Constructing continents – the clients and advisers targeting Africa’s booming infra market”

Chasing the bear – Sanctions bite on Russia’s legal market

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Russia-based lawyers are a hardy bunch, conditioned to working in a volatile market where ups turn into downs on an almost annual basis. No matter how good things might appear, they are well aware that some form of political interference or economic disaster might be lurking around the cor­­ner. Most get by on the knowledge that Russia’s lucrative market is remarkably robust and that in the long term it always seems to bounce back.

Yet, even for the most seasoned western lawyers who went through the Russian sovereign debt default of 1998, the events of 2014 are proving an altogether different experience. While previous Russian misdemeanours were largely tolerated – be it the Russo-Georgian war of 2008 or the politically motivated imprisonment of Mikhail Khodorkovsky in 2003 and the subsequent dissolution of Yukos – it has been impossible for the West to ignore Russia’s actions in Ukraine. Russia’s annexation of Crimea in March 2014, the subsequent war and support of separatists in Ukraine’s eastern Donbass region, and the inevitable ratcheting up of economic sanctions from the US, EU and other western states, has led to a situation so intractable that few can see an obvious way out. Continue reading “Chasing the bear – Sanctions bite on Russia’s legal market”

Straining the bonds – why disputes counsel is high on the agenda in Russia

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While their transactional colleagues in Moscow are suffering, the current sanctions on Russia have been a boon to trade and sanctions lawyers, who are fielding countless enquiries from Russian and international clients. The fact that the sanctions are so multi-layered, leaving plenty of scope for interpretation, has increased the demand, particularly when it comes to deciding what constitutes a controlling stake in a company, something that was relevant to the designated Russian individuals who were named in the first few rounds of sanctions and who owned stakes in many different companies. This uncertainty has, in many respects, been more damaging to Russian business than the sanctions themselves, something that the US authorities were fully aware of when they rolled them out.

‘I spoke with US officials on behalf of certain clients and said to them that greater precision in the sanctions-related announcements could make it easier for the US companies to comply,’ says Jeremy Zucker, co-chair of Dechert’s international trade and government regulation practice. ‘On multiple occasions, the US officials responded that the imprecision was deliberate because the uncertainty it develops among American industry leads to greater pull-back from Russia than is actually required by the sanctions themselves. As with a blanket ban, greater precision would remove much of that element of choice.’ Continue reading “Straining the bonds – why disputes counsel is high on the agenda in Russia”

Offshore: Putting funds back on the map

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With transactional work picking up globally, offshore funds are back in vogue. We assess the most active offshore firms and the key recent developments

The renewed sense of optimism emanating from the world’s major financial centres has clearly made its way offshore. While the global financial crisis put successful launches of offshore private equity, real estate and listed funds on hold, the mood has clearly changed. New funds and start-ups are upbeat again and the fund practices of offshore law firms are enjoying healthy flows of work.

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Centre of the universe – the offshore counsel role in big ticket deals

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With corporate lawyers finding their feet once more, Legal Business examines the often overlooked role of offshore firms in major global corporate and capital markets transactions

2014 has been the year where the corporate lawyer has begun to feel valued again. Take Dublin-based drug manufacturer Shire’s proposed £32bn takeover by US giant AbbVie, which is scheduled to close this year and pitches US/UK corporate heavyweights Sullivan & Cromwell and Herbert Smith Freehills opposite Davis Polk & Wardwell and Slaughter and May for Shire. But while those elite international firms make the headlines, the deal is to be implemented via a scheme of arrangement in Jersey, based on advice to Shire from a Mourant Ozannes team led by partner Robert Hickling, with Ogier’s Simon Dinning heading a team for AbbVie.

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