Legal Business

Deal watch: Corporate activity in July and August 2016

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US ELITE LEAD AS VERIZON TAKES YAHOO! FOR $4.8BN

Skadden, Arps, Slate, Meagher & Flom and Wachtell, Lipton, Rosen & Katz are among a host of US firms advising on Verizon Wireless’ much-anticipated acquisition of Yahoo!. Wachtell, Gibson, Dunn & Crutcher, Covington & Burling and Winston & Strawn are acting for Verizon. Skadden, Wilson Sonsini Goodrich & Rosati and Weil, Gotshal & Manges are advising Yahoo!, while Cravath, Swaine & Moore is acting for the strategic review committee of Yahoo! as its independent legal adviser.

 

Legal Business

Ashurst halts profit distributions amid turbulent financial period

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Ashurst has halted its upcoming quarterly profit distribution to partners (PEP) following disappointing financial results which saw profits per equity partner drop by 19%. The payment was scheduled for this month (August).

Former partners told Legal Business the firm had also failed to pay out its February quarterly partner drawings this year. It is understood a hefty tax bill in January contributed to the firm’s inability to pay. A management memo sent round the partnership in the last week said the firm is well ahead of budget and on target for the next financial year, but quarterly distributions would be held back.

Ashurst has historically paid out less than what partners are owed each quarter if it doesn’t have sufficient funds to pay all partners and will miss quarterly drawings if it lacks profit.

A spokesperson said: ‘We have always had a conservative and prudent approach to cash management. Our policy is not to borrow to pay out profit to partners.’

Ashurst posted its second year of falling revenues following its merger with Blake Dawson in 2013 with turnover falling 10% to £505m while PEP took a significant hit, dropping 19%, down to £603,000 from £747,000 during the 2015/16 financial year. Following the disappointing performance, the firm voted through changes to revamp its lockstep in a bid to retain star partners earlier this month.

The firm has been hit by a string of exits across the past year. Most recently restructuring partner Diane Roberts left for Reed Smith in July, with restructuring partner Simon Baskerville leaving for Latham & Watkins the same month. Baskerville followed the firm’s head of financial services regulation Rob Moulton who left Ashurst in June for to the US firm. Management is also not immune from the exits, with the firm’s chief financial officer Brian Dunlop also leaving in July.

The move follows King & Wood Mallesons also failing to pay profit distributions last month, despite moving from a quarterly to a monthly-based system and after the partnership agreed to stump up £14m following a cash call.

madeleine.farman@legalease.co.uk

Legal Business

Project Prism: Inside Ashurst’s integration plans

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Ashurst‘s raft of investments are coming to light after managing partner Paul Jenkins flagged those costs as a reason the firm saw a 19% drop in profits per equity partner down to £603,000 from £747,000 for the financial year 2015/16.

In a plan dubbed ‘project prism’, legacy Ashurst and legacy Blake Dawson are replacing accounting and client systems to give the firm similar management tools across London, Australia and the rest of its international offices.

The firm expects the project to be completed in the first quarter of 2017 but refused to say how much it has cost to date.

Legal Business also understands about a year after the 2013 merger, the firm also appointed a new team of around 20 to 25 analysts to flag any conflicts of interests between the legacy firms’ clients. The team is based in the UK, Singapore and Australia to give the firm 24 hour coverage. A former partner said partners had to give that team 24 hours’ notice of a project so it can be cleared by both London and Australia before going ahead.

After turnover fell to 10% for 2015/16, bringing it down to £505m, the firm’s second year of falling revenues, Jenkins is confident he’s got the systems in place and the backing of the partnership to turn things around.

Jenkins told Legal Business: ‘[Our results] are not as good as they could have been or should have been. There has been significant investment over the last couple of years in technology as well as investing in laterals.

‘We’ve invested a lot in getting our platform right, and we are now realising the potential of the business,’ Jenkins said.

At the beginning of the August, the firm’s partnership passed a raft of remuneration changes, adding ten points to the top of its lockstep bringing it to 75, which currently starts at 25 points. A performance-based bonus pool for both equity and non-equity partners will also be brought in and salaried partners will receive part of their remuneration as a full equity share, although it is not clear what the ratio will be.

The firm is currently battling a wave of exits, with a number of leavers including the loss of restructuring partner Diane Roberts to Reed Smith, while Latham & Watkins hired financial regulation head Rob Moulton and restructuring partner Simon Baskerville in recent weeks.

madeleine.farman@legalease.co.uk

Legal Business

Plugging the leak: Ashurst approves lockstep overhaul to retain high performers

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Amid a turbulent period of lawyer exits and poor financial performance, Ashurst partners have voted through fundamental changes to its remuneration system in a bid to retain star partners, including a stretching of the lockstep and allocating equity share to salaried partners.

With plans emerging in recent weeks, the vote passed yesterday (1 August) with changes including adding an extra 10 points (worth around £150,000) to the top of the equity ladder, which currently starts at 25 points. The top of the ladder will now plateau at 75 points, while the bottom of the ladder will remain unchanged. A performance-based bonus pool for both equity and non-equity partners will also be brought in.

Salaried partners will receive part of their remuneration as a full equity share, although it is not clear what the ratio will be. The changes come as part of a strategy by the firm to drive high performance and collaboration.

The news follows a run of partner exits in recent weeks, including restructuring partner Diane Roberts to Reed Smith, while Latham & Watkins hired financial regulation head Rob Moulton and restructuring partner Simon Baskerville.

Following its merger with Australia’s Blake Dawson in 2013, the firm’s turnover dipped for the second consecutive year, with 2015/16 revenue dropping by £28m to £505m, while profits per equity partner fell by 19%, down to £603,000 from £747,000 during the 2015/16 financial year.

A firm spokesperson said: ‘This is an evolution of our system which gives us more flexibility to reward high performance. We have had strong support and engagement from partners throughout the process.’

Ashurst is one of multiple Global 100 firms to alter its remuneration system in recent years. Last May, Legal Business revealed Clifford Chance voted through proposed changes to its remuneration system and deploy a more flexible lockstep by stretching the top of the ladder in a bid to retain star partners. Freshfields’ partnership approved the introduction of a second tier lockstep two years ago.

sarah.downey@legalease.co.uk

Legal Business

Macfarlanes gets the gig as firms line up on Verizon’s $2.4bn purchase of Fleetmatics

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Just days after the headline grabbing acquisition of Yahoo!, Goodwin Procter, Cleary Gottlieb Steen & Hamilton, A&L Goodbody and Macfarlanes are among those who have landed roles advising on Verizon’s purchase of Fleetmatics Group.

US internet giant Verizon has agreed to buy the Dublin-based and New York Stock Exchange-listed vehicle communications company for $60 a share in cash, valuing the offer at around $2.4bn.

The deal will see Verizon pick up Fleetmatics’ web-based solutions and tracking software for vehicle fleet operators, which provide insights into the mobile workforce. The company, which has offices in the US, UK and Ireland, has 1,200 employees and around 37,000 customers with 737,000 subscribers to its services.

Verizon was advised by US firm Cleary Gottlieb, Macfarlanes in London and A&L Goodbody on the Irish side of the deal. The Macfarlanes team advising Verizon was led by a trio of partners in Graham Gibb, Nicholas Barclay and Ashley Greenbank.

For Macfarlanes, the mandate follows the firm’s advice to Verizon in 2013 when Vodafone sold off its 45% interest in the company.

Fleetmatics was advised by Goodwin Procter technology partners Kenneth Gordon, James Matarese and Joseph Theis. Maples and Calder also advised on the Fleetmatics side.

Ashurst advised Wells Fargo and PJT Partners, the joint financial advisers to Verizon on the deal. The Ashurst team was led by corporate partners Adrian Clark and Karen Davies.

The announcement of the deal follows Verizon’s purchase of Yahoo! for $4.8bn. The acquisition was confirmed last week, with elite US firms taking on the major roles. Wachtell, Lipton, Rosen & Katz, Gibson Dunn & Crutcher, Covington & Burling and Winston & Strawn all acted for Verizon. Skadden, Arps, Slate, Meagher & Flom, Wilson Sonsini Goodrich & Rosati and Weil, Gotshal & Manges served as legal advisers to the internet company.

The acquisition of Yahoo! and the offer for Fleetmatics come after Verizon’s purchase of AOL last year for $4.4bn.

matthew.field@legalease.co.uk

Legal Business

Another Ashurst exit as restructuring partner Roberts quits for Reed Smith

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Ashurst has seen yet another partner exit with Reed Smith hiring restructuring partner Diane Roberts into its London office.

With experience representing market participants in the acquisition and disposition of debt products and other financial claims in complex leveraged debt restructurings, Roberts will bring her particular focus on cross-border insolvency issues in the UK, the United States and throughout Europe to Reed Smith’s global financial industry group.

Financial industry group global chair Tamara Box said: ‘We have built significant momentum growing our distressed debt and corporate trust practices, both in Europe and the United States, most recently with the addition of partners Andrew Callahan and Robert Scheininger in New York and Michelle Ross in Washington DC.’

Roberts (pictured) is the seventh high-profile partner to leave Ashurst this year. Equity capital markets partner Jonathan Parry and disputes specialist Mark Clarke both left the firm for White & Case while corporate partner Anthony Clare left for Stephenson Harwood. Financial institutions partner James Perry also departed in April for Gibson, Dunn & Crutcher.

In the last fortnight, Latham & Watkins took two other heavy hitters including financial regulation head Rob Moulton and restructuring partner Simon Baskerville.

Going the other way Ashurst has brought in several partners this year including TMT duo Nick Elverston and Amanda Hale from Herbert Smith Freehills. Real estate partners Darren Rogers, Patrick Williams and Robert Andrews moved from King & Wood Mallesons to Ashurst, along with DLA Piper’s international arbitration head Matthew Saunders. RBS head of EMEA loan markets Dave Rome also joins the firm’s banking practice, moving into a newly-created position of strategic director of corporate lending.

In its second year of tumbling revenues following its merger with Blake Dawson in 2013, Ashurst’s turnover dipped by £28m, bringing the firm’s revenues down 10% to £505m while profits per equity partner fell by 19%, down to £603,000 from £747,000 during the 2015/16 financial year.

Following this Ashurst has made plans to extend the firm’s lockstep ladder to 75 points up on the firm’s current 65 to help retain talent at the firm. Under the current proposals, which are yet to be voted on, the bottom of the ladder will remain at its current 25.

madeleine.farman@legalease.co.uk

 

 

Legal Business

Ashurst to revamp lockstep and add bonus pool after financials disappoint

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Following another disappointing round of financial results, Ashurst is considering implementing a raft of changes to partner remuneration.

After PEP fell 19% down to £603,000 from £747,000 for the financial year 2015/16, partners are being asked to vote on a several remuneration changes.

Planned changes include a shakeup of the firm’s lockstep ladder to 75 points up on the firm’s current 65 to help retain talent at the firm, with the bottom of the ladder remaining at its current 25.

In a push to bring its fixed share partners in line with equity partners, Ashurst is looking to give those fixed share partners a greater, fixed share of the equity pool, bringing them in line with the firm’s equity partners.

There are also plans to introduce a bonus pool to award big billers for good performances.

Last week the firm posted its second year of falling revenues following its merger with Blake Dawson in 2013 with turnover dipping by £28m, bringing the firm’s revenues down 10% to £505m.

The drop follows a 4% decrease last firm, when revenues fell to £561m from £568m.

The firm has seen a shakeup in its executive team this year, with the partnership voting in Sydney-based banking partner Paul Jenkins as its managing partner. He joins New Zealander Ben Tidswell who sits as chairman.

Ashurst has also seen a number of partner exits this year. Equity capital markets partner Jonathan Parry and disputes specialist Mark Clarke both left the firm for White & Case, while corporate partner and board member former Anthony Clare left for Stephenson Harwood. Financial institutions partner James Perry also departed in April for Gibson, Dunn & Crutcher.

Yesterday (12 July) it was announced restructuring partner Simon Baskerville was also exiting to join Latham & Watkins.

Ashurst declined to comment.

madeleine.farman@legalease.co.uk

 

 

Legal Business

Latham ignores Brexit fears and continues City investment charge with Ashurst’s Baskerville

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Just two weeks after taking Ashurst’s global co-head of financial regulation, Latham & Watkins has returned to the struggling City firm to hire restructuring partner Simon Baskerville.

Latham’s hiring spree in London shows no signs of abetting, with Baskerville becoming the firm’s seventh City hire in 2016. He is the second high-profile partner this month to join Latham from Ashurst, which posted a 10% drop in revenue to £505m for 2015/16. The departure follows the US firm’s hire of financial regulation co-head Rob Moulton.

Baskerville, has more than 17 years’ experience at handling UK-based restructurings, has positioned himself over recent years as a leading lawyer handling special situations investments for asset managers, which is already a booming market as investors seek undervalued assets and Latham expects to grow post-Brexit. John Houghton, global co-chair of Latham’s restructuring, insolvency and workouts practice, said Baskerville ‘brings extensive experience in the alternative asset manager sector, which we expect to play an important role in the special situations which will undoubtedly arise in this uncertain post-Brexit market. We are delighted to welcome him to the firm’.

Baskerville made partner at Ashurst in 2009 and was called upon in 2014 by Punch Taverns, Britain’s second largest pub group, to restructure $2.3bn of debt. He joins a long list of recent Latham hires in London this year, with the likes of real estate finance partner Jeremy Trinder joining from Dechert, Quentin Gwyer joining from GE where he specialised in debt capital markets and rising international arbitration star Sophie Lamb joining from Debevoise & Plimpton.

For Ashurst, the loss of Baskerville comes as a blow, with high-profile partners such as equity capital markets specialist Jonathan Parry and financial regulatory lawyer James Perry leaving for Gibson, Dunn & Crutcher, disputes specialist Mark Clarke leaving for White & Case and corporate heavyweight Anthony Clare leaving for Stephenson Harwood.

‘Expanding our alternative asset manager coverage in London is a key strategic priority for us,’ said Dominic Newcomb, vice chair of Latham’s global finance department. ‘We see clients in this sector playing an increasingly significant role in our core leveraged finance work, and taking a growing share of primary lending transactions.’

tom.moore@legalease.co.uk

Legal Business

Ashurst retreats in Europe, closing Stockholm and Rome

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Ashurst closed the doors to two of its European offices in June, confirming it will dissolve its Swedish offering with the entire team of 30 staff in its Stockholm office moving to Hamilton.

The firm will also close its base in Rome with its remaining lawyers relocating to Milan following a review of its Italian offering after a string of exits. The fate of the office was sealed following the resignation of the Rome office’s sole partner Aian Abbas.

Legal Business

‘Not where I’d like them to be’: Ashurst disappoints again with 10% revenue tumble

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Ashurst has posted its second year of falling revenues following its merger with Blake Dawson in 2013 with turnover dipping by £28m, bringing the firm’s revenues down 10% to £505m.

The drop follows last year’s 4% decrease, when revenues fell to £561m from £568m. Profits per equity partner also fell by 19%, down to £603,000 from £747,000 during the 2015/16 financial year.

The firm has seen a shakeup in its executive team this year, with the partnership voting in Sydney-based banking partner Paul Jenkins as its managing partner. He joins New Zealander Ben Tidswell who sits as chairman.

Jenkins (pictured) told Legal Business: ‘Our results are not where I’d like them to be. There are a number of factors behind that; there is the market context where our business is focused, there have been geopolitical issues, there’s been a big global slowdown in some of the resources sectors where we have a heavy focus – the oil and gas and mining sector where we have a significant investment.

He added: ‘There’s also the slowdown in China, the weakening of the pound against some of the key currencies that are a significant part of our business, for example the euro and the Australian dollar.’

But Jenkins points to financial services sectors, most notably funds, as an area where the firm increased revenue. The firm’s built environment sector has also performed well.

The firm highlighted growth in Hong Kong and Paris, but earlier this month closed its Swedish offering with its 30-lawyer Stockholm team moving over to Hamilton. Days later it was confirmed Ashurst was closing the doors to its Rome office after five years, with lawyers relocating to Milan. In January the firm put plans to open a base in South Korea on hold. While plans were already stagnated, they were understood to come to a halt last year after a team of partners led by its then Tokyo managing partner John McClenahan exited to spearhead King & Spalding’s launch in Tokyo.

Open taking up the role in June, Jenkins restructured the firm’s executive team, giving the new role of London head to co-head of corporate Simon Beddow. Jenkins also introduced a new head of clients and a head of innovation role. The changes mean the majority of leadership roles are now split between partners in Ashurst’s London and Australia-based offices.

But the firm was dealt a blow with a number of partner exits this year. Equity capital markets partner Jonathan Parry and disputes specialist Mark Clarke both left the firm for White & Case, while corporate partner and board member Anthony Clare left for Stephenson Harwood. Financial institutions partner James Perry also departed in April for Gibson, Dunn & Crutcher.

However, Jenkins said the firm continues to grow and noted 20 laterals hired over that last year. In London the firm has brought in TMT duo Nick Elverston and Amanda Hale from Herbert Smith Freehills, real estate partners Darren Rogers, Patrick Williams and Robert Andrews from King & Wood Mallesons and DLA Piper’s international arbitration head Matthew Saunders. The firm has also appointed RBS head of EMEA loan markets Dave Rome to a newly-created position of strategic director of corporate lending.

Jenkins added: ‘It has been another year of significant change within the business as we continue to implement our strategy as well. We have been heavily investing over the last two years to best position the business for the next five to ten years. There has been particularly heavy investment in our technology and our Ashurst Advance platform in Glasgow.’

madeleine.farman@legalease.co.uk