Commercial Litigation Summit 2024 - 5 Sep 2024

Date: Thu 5 Sep 2024
Time: 8.15am – 4.30pm
Venue: Queen Elizabeth II Centre, Broad Sanctuary, London, UK

Agenda

8.30am – 9.15am Registration

9.15am – 9.20am Opening Remarks

9.20am – 10.15am When litigation is stranger than fiction and even your partner tolerates you reading out the best bits from the daily transcript – Kallakis v. AIB Group [2023] EWHC 2148

The panel will explore some of the lessons learned and the issues (and anecdotes) arising from their recent successful defence of a £ half billion claim brought against a bank by the star of Netflix’ “serial swindlers”. How do you win a case with elements of comedy that is actually deadly serious and full of jeopardy, arising out of a major public scandal?

Our panellists – the team that represented the bank in a five week Commercial Court trial – will delve into some of the key legal and practical issues arising from this fascinating case.

Neil Kitchener KC, barrister (King’s Counsel), One Essex Court
Vanessa Whitman, partner, CMS
Sandy Phipps, barrister, One Essex Court
James Fox, barrister, One Essex Court

10.15am – 11.10am How to deal with major commercial disputes: tips from in-house counsel

Commercial litigation requires time, money and efforts from both the teams in the company and outside Counsel. Depending on the jurisdiction, the burden of such litigation can be significant. Our panel of three in-house lawyers of international companies will discuss how and when it is best to find an amicable solution and provide practical tips on how in-house Counsel address outside Counsel selection, budget, reporting to the board, use of AI and other automated solutions, etc.

Sylvie Gallage-Alwis, partner, Signature Litigation (Paris)
Kevin L’Heveder, associate GC EMEA, Vertiv (Paris)
Hicham Khellafi, general counsel EMEA, Honeywell (London)
Brittany F. Boykin, in-house counsel – head of claims & underwriting legal & regulatory, Brit Insurance (London)

11.10am – 11.40am Coffee Break

11.40am – 12.35pm Ethics in litigation and internal investigations

Ethics underpins every aspect of contentious work and legal work more broadly and therefore it is of fundamental importance to understand it and get it right. How can lawyers best navigate the sometimes complex areas of disclosure and privilege, whilst acting both in the best interests of their clients and in accordance with the high standards of ethics and professionalism that society and our regulatory body expect and require of us? This panel will also explore practise recommendations driven by the Mindful Business Charter.

Ben Ko, senior associate, dispute resolution, Baker McKenzie
Francesca Richmond, partner in dispute resolution, Baker McKenzie
Michael Isaacs, deputy general counsel and director of litigation, Lyca Group
Ella Stolwerk, legal counsel, H&M
Paul Mitchell KC, barrister, 4 New Square Chambers

12.35pm – 1.30pm Do the Existing Practice Directions Support Adoption of GenAI

Join us for a panel discussion on the adoption of generative AI (GenAI) tools in commercial litigation. Our expert panel will explore the use of GenAI for tasks such as enhancing evidence analysis, summarizing key documents, drafting timelines, disclosure document review, and formulating litigation strategies. The discussion will focus on whether existing practice direction support the use of these advanced technologies or if a further evolution is necessary – to either the guidelines or the technology.

Tom Whittaker, director and senior disputes & litigation lawyer, Burges Salmon
Richard Jeens, partner, Slaughter & May
Charlotte Hill, partner, Pennington Manches Cooper
Meagan Sauve, legal tech solutions consultant, OpenText

1.30pm – 2.30pm Lunch

2.30pm – 3.25pm Live episode of the Legal 500 Podcast: Alexander Gunning KC and what the commercial Bar can do for in-house and private practice

In the first ever live episode of the Legal 500 podcast, we explore the role of the self-employed Bar and advocacy in the largest commercial disputes with Alexander Gunning KC, who as chair of Combar represents 2,000 self employed commercial barristers in England and Wales. Key subjects include direct instruction from in-house, building teams for largest disputes, and how the next generation of talent can demonstrate their skills on their feet in the Rolls Building.

Will Tolcher, global bar editor, Legal 500
Alex Gunning KC, chair, Combar

3.25pm – 3.55pm The increasing importance of reputation management in litigation

The increasing importance of reputation management in litigation This session will explore the effective management of information and reputation in high value international commercial litigation and group action litigations.

Communications are increasingly critical to winning both the legal battle inside the courtroom and the information war outside it, in the court of public opinion.

The matter value of even the largest commercial litigations rarely match the value of brand damage if communications around the case are not handled optimally.

Journalists increasingly rely on litigation PR professionals to help them negotiate the architecture of complex litigation. Even CMCs can be used by skilled legal and PR teams to put key information in the public domain and force settlements.

Find out from the experts where the reputational pitfalls and opportunities lie when managing high stakes litigation.

Clive Coleman, partner, Maltin PR
Tim Maltin, managing partner, Maltin PR

3.55pm – 4.00pm Closing Remarks

4.00pm – 5.00pm Drinks and canapes

Speakers

Tom Whittaker, director and senior disputes & litigation lawyer, Burges Salmon

Tom Whittaker is a senior disputes and litigation lawyer at Burges Salmon LLP. He specialises in high-profile, complex, and data-rich litigation, investigations and inquiries, as well as advising and training clients on AI regulation and risk. Tom is ranked as a Global Market Leader in AI Law and published the chapter on Public Law and AI in the Law of AI textbook.

Richard Jeens, partner, Slaughter & May

Richard is a partner in Slaughter and May’s Disputes and Investigations group. He acts for major corporates, pension trustees and governmental bodies on a broad range of high-profile commercial disputes, investigations and contentious data and tax matters, often involving multiple jurisdictions.

Charlotte Hill, partner, Pennington Manches Cooper

Charlotte, a Partner at Penningtons Manches Cooper LLP, is an experienced commercial disputes lawyer. She is recognised as being ‘tenacious’, ‘a real force of nature’, and an ‘opponent-whisperer’. She advises on a broad range of complex, high-value cross-border disputes across a number of commercial and business sectors, including financial services (having previously been on secondment at a large institutional bank), company disputes, corporate insolvency and civil fraud. She has specialist expertise in digital assets where she advises clients about emerging tech including AI, cryptocurrencies, NFTs and blockchain disputes. In 2023, Charlotte won the esteemed title of ‘Woman of the Year – FinTech/Crypto Innovation – UK’ at the Citywealth Powerwomen Awards, for the impact of her work in the sector.

Meagan Sauve, legal tech solutions consultant, OpenText

Meagan Sauve is a Legal Tech Solutions Consultant experienced in machine learning and text analytics. Meagan specializes in guiding clients through e-disclosure strategies, focusing on data collection, processing, review, and analysis. Prior to joining OpenText, she worked as an eDisclosure Consultant at Allen and Overy and as a Solutions Consultant at Advanced Discovery. Prior to moving to London, Meagan was a Senior System Administrator at the Department of Justice, a Senior Analyst at Lockheed Martin, and an Analyst at the Commodities Futures Trading Commission.

Meagan holds a B.Sc. in psychology and statistics from Central Michigan University and has completed a Post Graduate Program in Data Science and Business Analytics (PGPDSBA), through the University of Texas at Austin.

Ben Ko, senior associate, dispute resolution, Baker McKenzie

Ben Ko is a Senior Associate in the Dispute Resolution team at Baker McKenzie in London. He is a solicitor-advocate with Higher Rights of Audience in Civil Proceedings. His practice focusses on commercial litigation, particularly cases involving allegations of civil fraud. Ben has extensive experience of complex commercial litigation, including heavy trials in the High Court; appeals to the Court of Appeal and Supreme Court; applications for injunctive relief; enforcement of judgments; and settlement of disputes pursuant to various forms of ADR. He has previously completed secondments to the litigation teams at an international oil major and an international investment bank, as well as to Baker McKenzie’s office in Hong Kong.

Francesca Richmond, partner in dispute resolution, Baker McKenzie

Francesca Richmond is a partner in the Baker McKenzie Dispute Resolution team based in London. Francesca specialises in the litigation and investigation of high value commercial and regulatory enforcement matters with a focus on class actions and mass torts litigation. Her practice spans antitrust, consumer and human rights law. Francesca has been seconded to Baker McKenzie’s offices in Chicago, Washington and Sydney as well as to clients Barclays Bank PLC, the BBC Trust and O2. She attained higher rights of audience to act as a solicitor-advocate in 2009. Francesca is recognised by Legal 500 as a Leading Individual in Commercial Litigation and practice lead of a Firm to Watch in Competition Litigation.

Sylvie Gallage-Alwis, partner, Signature Litigation (Paris)

Sylvie Gallage-Alwis is one of the founding partners of the Paris office of the European law firm Signature Litigation which specializes in international litigation & arbitration. Sylvie represents product manufacturers and marketplaces in all the litigation they face in France and in the European Union. She handles, for international manufacturers from all industries, commercial litigation, litigation against consumers, end-users, NGOs, the French State and regulators. Being involved in some of the largest group claims filed across Europe against mainly American companies, working together with Signature Litigation’s London and Frankfurt offices, she is particularly knowledgeable in the challenges faced by her clients to handle multiple cases in different jurisdictions at the same time.

Kevin L’Heveder, associate GC EMEA, Vertiv (Paris)

Kevin L’Heveder currently serves as an Associate General Counsel for the EMEA region at Vertiv, a leader in the datacenter industry. With previous experience in the pharmaceutical, consulting and energy sectors, he has developed deep expertise in managing complex legal challenges, providing strategic advice, and collaborating with external lawyers to resolve disputes efficiently. Kevin L’Heveder holds a Master��s degree in International Business, Trade and Tax law, and an MBA from the University of Paris Panthéon-Sorbonne.

Neil Kitchener KC, barrister (King’s Counsel), One Essex Court

Neil took silk in 2008. Neil is regularly instructed in the most significant disputes of the day. He has particular expertise in civil fraud, company (litigation and advisory), life sciences, banking and financial services, professional liability and arbitration. Neil is consistently ranked as a Leading Silk for Commercial Litigation, civil fraud and in other categories in Chambers UK Bar and The Legal 500, being described as “tactically brilliant”, “a brilliant leader in the true sense” and “excellent to work with”.

Vanessa Whitman, partner, CMS

Vanessa is a Partner in the CMS Finance Disputes team in London. She is ranked as a ‘Next Generation’ partner for banking litigation and described as “absolutely first-class” in the legal directories. Vanessa is regularly instructed on contentious matters by banks, financial institutions and insolvency professionals. Vanessa has significant experience advising clients how to deal with Serious Fraud Office cases and other fraud related matters, having advised on Britain’s largest mortgage fraud.

Vanessa also has a growing practice specialising in fintech and crypto disputes. She is passionate about improving the mental health of lawyers and leads the CMS Mental Health and Wellbeing Network, regularly speaking on the topic at industry events.

Sandy Phipps, barrister, One Essex Court

Sandy Phipps is a leading senior junior with a broad, multi-jurisdictional practice. He has been described as one of the “stars of his generation” (Chambers and Partners) and a “future leader of the Commercial Bar” (Legal 500). His speciality is complex commercial disputes, often with an international dimension. He has appeared in or advised on disputes at all levels of the English courts, as well as disputes in arbitration and in foreign courts (including the courts of the Cayman Islands, the BVI, France, Saudi Arabia, Hong Kong, the United States and Australia). He is ranked by the leading directories in various fields, including Commercial Litigation and Banking & Finance.

James Fox, barrister, One Essex Court

James was called to the Bar in 2015. Since then, he has been instructed in a number of market-leading commercial disputes including the 93-day trial in Autonomy v Lynch and Hussain, which the Judge noted may be “amongst the longest and most complex in English legal history” and resulted in a 1200-page judgment on liability. James is recognised as a leading junior in Civil Fraud by The Legal 500.

Hicham Khellafi, general counsel EMEA, Honeywell (London)

Hicham Khellafi is General Counsel EMEA at Honeywell International Inc. His role is multifaceted and deeply impactful. His primary responsibility revolves around providing strategic legal counsel to support Industrial Automation business operations across the EMEA region. He oversees a diverse portfolio of legal matters, ranging from corporate governance and regulatory compliance to commercial transactions and dispute resolution, working closely with cross-functional teams to navigate complex legal landscapes while mitigating risks and seizing opportunities. Prior to joining Honeywell, Hicham was trained at the Paris office of British firm Clyde & Co. Hicham holds a master’s degree in business law from the University of Paris X and an LLM from the University of Oslo.

Brittany F. Boykin, in-house counsel – head of claims & underwriting legal & regulatory, Brit Insurance (London)

Originally from South Carolina, USA, Brittany Boykin is a graduate of the College of Charleston and the Charleston School of Law. She was in private practice in the USA, focusing on insurance coverage and litigation, until joining Brit Insurance in 2017. Brit is a Managing Agent of Lloyd’s of London. Brittany is In-House Counsel – Head of Claims & Underwriting focusing on contentious disputes and emerging regulation of the financial service of underwriting and insuring specialty risks. She is a member of Brit’s Leadership Group and serves on the Inclusion & Diversity Committee and the ESG Committee. From a market perspective she serves on the LMA Environmental and Climate Change Litigation Committee and Inclusion@Lloyd’s.

Will Tolcher, global Bar editor, Legal 500

As global Bar editor of Legal 500, Will Tolcher is one of key leaders for disputes coverage in the world’s premier resource for in-house counsel and instructing solicitors. As part of his almost ten-year veteran career in legal rankings, prior to assuming the editorship in 2021 Will researched eighteen jurisdictions on three continents including key litigation and arbitration fora such as the UK and the UAE, as well as the English Bar’s work in Asia, the Middle East and Offshore.

Alex Gunning KC, chair, Combar

Alexander Gunning KC is chair of Combar, the specialist Bar association representing barristers advising the international business community. Combar represents almost 2,000 barristers and 40 chambers, involved in litigation and arbitration in some of the world’s largest centres for business in London and worldwide. In his own practice, Alex was called to the Bar in 1994, took silk in 2012, and in addition to an international practice in commercial arbitrations represented the successful defendants in the litigation concerning Craig Wright, a man who claimed to be Bitcoin’s pseudonymous inventor “Satoshi Nakamoto”.

Michael Isaacs, deputy general counsel and director of litigation, Lyca Group

Michael Isaacs is Deputy General Counsel at Lyca Group, and its Director of Litigation. His career has included leading national and international Litigation & Investigations teams at FTSE 100 telecoms, media and tech giant British Telecom, the blockchain and crypto exchange business Binance, and 17 years as a partner in private practice law firms including Addleshaw Goddard and Pinsent Masons. His primary responsibility in his current role is providing strategic legal counsel and risk mitigation advice on disputes, investigations and compliance issues across the Lyca Group internationally, covering a range of businesses including the core mobile (MVNO) business, regulatory investigations, and tax issues. He is dual qualified in England and Australia.

Ella Stolwerk, legal counsel, H&M

Ella Stolwerk is a Legal Counsel at Swedish multinational fashion retailer H&M. Ella previously specialised in private practice in real estate and commercial litigation in both the UK and in New Zealand and has also represented the Crown as a criminal prosecutor across a range of proceedings. Ella is passionate about the continued advancement of the legal profession and was selected by the New Zealand Law Society (equivalent to the SRA) to advocate for newly admitted lawyers, contribute to regulatory discussions, and drive positive change within the legal community.

Paul Mitchell KC, barrister, 4 New Square Chambers

Paul Mitchell KC is a barrister at 4 New Square specialising in fraud; general commercial litigation; professional liability; malicious prosecution and abuse of process; and disciplinary matters. Many of his cases involve allegations against lawyers. During 2024 he has been appointed a Deputy High Court Judge sitting in the KB’s London Circuit Commercial Court; and been called to the BVI bar.

Clive Coleman, senior partner, Maltin PR

Prior to joining Maltin PR, Clive was a practising barrister and for a decade the BBC’s Legal Affairs Correspondent.

His in-depth knowledge of the media landscape makes him invaluable to legal teams, individuals and corporates caught in the media crossfire. He routinely advises clients in relation to group action litigations.

Tim Maltin, managing partner, Maltin PR

Tim is Managing Partner of Maltin PR, specialising in Legal and Litigation PR, Reputation Management and Crisis Communications.

Tim is noted for his expertise in navigating the reputational issues faced by litigants in high value claims, particularly those with international elements. He is known for his “calm and balanced” approach to the matters that he takes on.