Legal Business

Business as usual: Clydes posts 10% PEP rise as revenues close in on £400m

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As has been the case since its merger with Barlow Lyde & Gilbert in 2011, Global 100 firm Clyde & Co has posted strong revenue and profit growth on the back of an expansive year. The firm has today (23 June) reported an 8% revenue increase for 2014/15 to £395m, while profit per equity partner has grown 10% from £599,000 last year to £660,000.

The performance surpasses that of last year, when revenues were also up 8% but PEP grew by just 3%. It also means that following the initial spike in revenues post the BLG merger, turnover has grown by 18% since 2012/13, while PEP has moved from £580,000 to £660,000 – an increase of 14%.

Senior partner James Burns (pictured), whose mantra on taking over the role 18 months ago was ‘business as usual’, told Legal Business that the pleasing aspect of this year’s result was that it maintained the consistent growth track post-merger. The success of the firm in recent years has been not only because of its focus on disputes (over 70% of revenues come from contentious work) but also geographic and practice area diversity.

‘It is fair to say that we have successfully broadened our capability across geographies and practice areas,’ said Burns. ‘While disputes – and the insurance sector – is where we have excelled, we have not just relied on our strength in this area to move forward. We have become more international and more diverse in our sector offerings.’

The latest results come on the back of a flurry of new office openings for Clydes, including Newport Beach, California (June 2014); Cape Town and Johannesburg (August); its own office in Riyadh (September); and Brisbane (October). However, despite the seemingly significant overheads connected with such expansion, Burns said profitability remained undiluted, largely because, as Burns said, the offices were set up with small teams of lawyers hired laterally. For example, Burns said that the firm had seen a 33% growth on its investment in Australia, where the firm now has four offices.

Among the strongest-performing regions for the firm geographically were Asia, where revenue increased by 30% for the second successive year and Middle East and North Africa (MENA), where revenues grew 15% year on year. An uptick in work in the region has seen the firm make 11 internal promotions in the last three years.

Closer to home Burns noted that the Manchester office – its second-largest office and inherited from BLG – had performed particularly well for insurance work delivering ‘not just revenue growth but very good profitability as well’.

The decision to take the unusual step of forming a practice group offering from a sector group focus also seems to have paid off. While Clyde & Co has had a credible arbitration capability within sectors such as trade, marine and aviation, Burns said the decision to form an international arbitration group to target commercial disputes has seen the practice grow 40% in the last year.

Burns also confirmed that merger negotiations were ongoing with Scottish firm Simpson & Marwick, noting that the proposed deal involved separate jurisdictions, which added to the complexity. ‘With what is effectively a cross-border deal, things cannot be tied up overnight,’ he said.

mark.mcateer@legalease.co.uk

Legal Business

Brown Rudnick hires Clydes’ corporate head as it targets Francophone work

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Clyde & Co head of corporate Philip Rogers is leaving the firm after eleven years to head up Brown Rudnick’s emerging markets corporate practice in London after the US firm also made two laterals in its Paris office last week.

Rogers joined Clydes in 2004 having been a founding partner of KLegal from 1998 after working as a solicitor at Linklaters for nine years. He brings with him experience of advising on cross-border M&A, IPOs and joint ventures working with corporate and government clients in the natural resources, commodities and transport sectors. Geographically he has focused on emerging markets including Francophone Africa, Russia and Mongolia.

The move comes as the US firm also boosted its cross-border offering last week, hiring restructuring partners Didier Bruère-Dawson and David Malamed from De Gaulle Fleurance & Associés and August & Debouzy respectively in its Paris office.

Brown Rudnick chairman and chief executive, Joe Ryan, said: ‘Philip will further strengthen our ability to offer clients exceptional cross-border capability in both transactions and disputes. His experience working across European, Middle Eastern and African jurisdictions fits well with the strategic focus of our existing international disputes team, offering strong synergies with our Paris and London teams, which continue to be core areas of growth for us.’

Roger’s exit comes after Steven Lim, founder and managing director of Clyde & Co’s joint venture partner Clasis, quit to join Nabarro to head its Singapore office.

jaishree.kalia@legalease.co.uk

Legal Business

Clydes expands Manchester base with new office and partner duo as revenues reach £26m in 2014/15

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As Clyde & Co’s Manchester office revenues look to hit £26m for 2014/15, the firm is expanding the presence it gained in the city through its 2011 tie-up with Barlow Lyde & Gilbert with a move into new premises and the hire of two partners from Squire Patton Boggs.

The firm has shifted 18% of its Manchester headcount to the new premises at The Royal Exchange including four equity partners, 39 fee-earning staff and 24 support staff and will also house planned lateral hires over the next few months. As part of the firm’s growth plans for the office, real estate partner duo Liam Buckley, who covers commercial property finance, and renewable energy specialist Stelios Coutsavlis joined this week (8 June) from Squire Patton Boggs.

The transfer comes as the office expanded its headcount by 22% and is set to post a £26m revenue figure across the 2014/15 financial year, up 13% from last year’s £23m. Clyde & Co took on the £18m revenue generating Manchester office in 2011 as part of its merger with Barlow Lyde & Gilbert, and now contributes around 10% of Clyde & Co’s UK turnover. Overall revenue has increased 44% in the last five years.

The firm said the move of the 67 Clydes employees to the central location was a bid to ‘reflect the firm’s commitment to its UK regional operations and its continued plans for expansion’.

James Dadge, partner and head of Clydes’ Manchester office told Legal Business: ‘Clydes has a big international focus but needed more of a client regional focus. It’s Manchester office has grown significantly in the last two years – we now have a marine and pensions offering in addition to a professional indemnity team.’

Some of the office’s key corporate and insurer clients include AIG Insurance, AXA, NFU Mutual – for who the firm recently secured a panel position in March 2015 – and Aviva.

jaishree.kalia@legalease.co.uk

Legal Business

Can Clydes seal the deal? Firm in advanced merger talks with Simpson & Marwick

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Following the failed merger attempt between Scottish firm Simpson & Marwick and Kennedys in 2013, UK top-20 firm Clyde & Co is hoping to seal the deal this time having confirmed it is in advanced merger talks with the Scots outfit.

If successfully carried out, the deal would see Simpson & Marwick’s five Scottish offices in Edinburgh, Glasgow, Aberdeen, Dundee and East Lothian plus three English offices Newcastle, London and Leeds, added on to Clyde & Co’s 38 office– including associated offices – international network and give the firm a presence north of the border.

Both firms share a focus on insurance and professional liability with Simpson & Marwick having four top-tier recommendations in Scotland from The Legal 500 including for personal injury: defender and professional negligence while Clyde & Co also has top-tier recommendations for those sectors in London as well as seven others.

Clyde & Co said in a statement: ‘The combination of the market leading insurance and professional liability practices in both England and Scotland has been tested with and received enthusiastically by our clients whose interests both firms have always, and continue to put first.

‘Outside of insurance we share a common focus in such areas as dispute resolution, employment and real estate which would enable us to develop synergies in these areas and combine our capabilities to the advantage of our respective clients.’

The merger talks emerge at the same time as Simpson & Marwick’s well-regarded 15-strong family law team, including its current head Shaun George, quit the firm to join Brodies.

Simpson & Marwick told Legal Business: ‘In light of Simpson & Marwick’s decision to enter merger discussions with Clyde & Co, our family law partners and their teams have intimated their intention to leave Simpson & Marwick, and pursue new opportunities with Brodies with effect from 1/6/15.

‘Their decision has not been taken lightly and follows appropriate, professional and respectful discussions with our strategy board at all times. Relations between the family law partners and their teams and the rest of Simpson & Marwick partners and staff remain, and will remain in the future, as friendly and cordial as they always have been. We wish them well in their new home, and I know they wish us well in our ongoing discussions with Clydes.’

Simpson & Marwick was previously set to combine with insurance specialist Kennedys in 2013 to create a 220-partner firm – which would have been known as Kennedys worldwide and Kennedys Simpson & Marwick in Scotland – but was abandoned at the end of the year after both firms said the combination had to be pulled due to ‘complex reasons‘.

Kennedys has since launched its own offering in Scotland with the hire of partners from commercial litigation firm Francis Gill & Co and McClure Naismith and creation of offices in Edinburgh and Glasgow.

The potential Anglo-Scottish tie-up comes after a line of large English firms have secured tie-ups north of the border in the last three years including Scottish firm McGrigors acquisition by Pinsent Masons in 2012 and DAC Beachcroft’s union with Scots insurance litigation boutique Andersens.

jaishree.kalia@legalease.co.uk

Legal Business

Hiring the team: 15-strong group exits Simpson & Marwick to join Brodies

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Scottish firm Simpson & Marwick’s well-regarded, 15-strong, family law team, including its current head Shaun George, has quit the firm to join Brodies.

Alongside George, family law partners Richard Smith and Lisa Girdwood will also join Brodies in a bid to expand the firm’s client base among international families with Scottish members and interests. The trio are joined by a team of 12 including three associates and four solicitors, who will all join Brodies’ personal and family department on 1 June 2015.

George will be based in Brodies’ Aberdeen office and will head the firm’s family law team, succeeding Edinburgh-based partner Scott Cochrane, who has led the team for 13 years. George leaves Simpson & Marwick after eleven years having joined from Burnside Kemp Fraser, where he was a partner for three years from 2001.

Smith will be based in Brodies’ Edinburgh office alongside Scott, while Girdwood, was previously head of family law and litigation at Bonar Mackenzie before joining Simpson & Marwick in 2011, will primarily be based in the Glasgow office.

Bill Drummond, managing partner of Brodies, said: ‘Shaun, Richard and Lisa have an outstanding reputation among their clients and the Scottish legal sector alike for their expertise, which extends to mediation and collaborative family law.’

‘This move is designed to enhance the breadth and depth of those services in a world where longevity, multi-jurisdictional asset ownership and growing legal and tax environment divergence and complexity all require careful consideration by individuals and families.’

jaishree.kalia@legalease.co.uk

Legal Business

Targeting Russia: Kennedys launches in Moscow with former Clyde & Co Russian insurance head

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Following troubled markets in Russia across 2014, a handful of firms have signalled a renewed interest in the region, with Kennedys being the most recent to set up a Russian base.

The firm has formed an arrangement with local firm and former best friend of Clyde & Co – CIS Advocates. The launch comes with the hire of Clyde & Co’s Constantin Saranchouk, who formerly headed the firm’s Russian insurance practice, along with an associate.

The office will operate as Kennedys CIS Advocates, and will be headed by Russian-qualified Saranchouk, who subject to SRA approval, will become a Kennedys Law LLP partner in due course. Saranchouk joins Kennedys having served at Clyde & Co since April 2011. Before this, he was the founding partner of Vetta Legal from October 2004 to April 2011.

The new office, launched today (6 May), will be the firm’s first Moscow base and have an initial focus on high value insurance disputes covering international power and energy, construction and aerospace markets. This will later develop to cover a wider client base that includes international insurance groups, London Market insurers and Russian insurance companies.

Kennedys’ Moscow launch is the latest in a series of oversea developments, including a cooperation agreement in China and a Joint Law Venture in Singapore, announced this year, as well as a formal association with Chilean insurance law firm, Sateler Depolo Diemoz Abogados (SDD).

Meanwhile, US Chadbourne & Parke also recently boosted its presence in Russia with the hire of energy partner Andrei Baev from Berwin Leighton Paisner as Moscow managing partner. This came after Chadbourne closed down its Kiev operations last summer.

Contrary to Chadbourne and Kennedy’s decision to scale up in Moscow, numerous firms cut back in Russia last year as US-led economic sanctions heavily affected the debt financing capabilities of some of Russia’s largest banks. Firms known to be affected by the sanctions included Allen & Overy, Clifford Chance, Linklaters, Freshfields Bruckhaus Deringer, White & Case and Cleary Gottlieb Steen & Hamilton, while Clyde & Co closed its Russia office in 2013 after it found a lack of opportunity in the market.

Legal Business

Asia: Nabarro hires Clyde & Co senior disputes partner to head Singapore office

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Joining the spate of firms to bolster their offering in Singapore in recent months, Nabarro has today (30 April) announced the appointment of senior disputes partner Steven Lim, the founder and managing director of Clyde & Co’s joint venture partner Clasis, to head its Singapore office.

Lim is set to play a ‘central role’ in developing the firm’s Asia-Pacific hub for the disputes, infrastructure, construction and energy practices. The firm said in a statement it will complement the strategy for the Dubai office which sees a large focus placed on arbitration. Lim currently sits on the panel of arbitrators of the Singapore International Arbitration Centre, Kuala Lumpur Regional Centre for Arbitration and the International Centre for Dispute Resolution.

Recommended by The Legal 500 and described as ‘inventive’ and a ‘very impressive advocate’, Lim joined Clyde & Co from the Hong Kong office of Baker Botts in 2010, and subsequently co-founded the joint law venture of Clyde & Co with Singapore constituent firm Clasis in 2013.

Senior partner Graham Stedman said: ‘This is a high profile appointment, commensurate with our ambitions for the Singapore office. Steven will lead a team with a mandate to grow our international work in the region, enhance our reputation for advising clients on complex, international arbitration. He will also seek to develop our Singapore platform within the regulatory structures available to international firms in this important Asia Pacific legal hub.’

King & Wood Mallesons secured a licence to operate in Singapore in February while Morgan Lewis & Bockius teamed up with Stamford Law to enter the market last month.

sarah.downey@legalease.co.uk

Legal Business

Promotions round: Clyde & Co and Dentons increase partner intake on last year

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The latest round of partner promotions among international firms sees Clyde & Co and Dentons announce 13 and ten new partners respectively.

Clyde & Co has made up four more than last year when the firm promoted nine lawyers. Of the 13 promotions this year, five were made in the UK – four in London and one in Guildford. The remainder were made up in Dubai (two), with one each in Paris, Riyadh, Sydney, Singapore, Hong Kong and San Francisco. The firm invested in its core practice areas including corporate, disputes, insurance and aviation.

Last year, promotions fell heavily in the firm’s insurance practice, as well as in its employment, real estate, disputes, corporate and finance practices. The current round of promotions are effective from 1 May 2015.

Senior partner James Burns commented: ‘These promotions demonstrate the firm’s investment in and growth across our global network and the benefits of our core sector focus. We continue to focus on building the best possible platform to enable top-class lawyers to develop their careers.’

Meanwhile, following the host of new partner announcements this week, Dentons confirmed the promotion of ten lawyers to its UKMEA partnership including eight in the UK, and the remaining two in Saudi Arabia and Oman.

Also taking effect from 1 May, the figure constitutes an increase on last year’s six-strong round and brings the total number of partners in the UKMEA region to 162. The promotions were made across the corporate, construction, arbitration, real estate, tax, restructuring and energy practices, with eight in the firm’s London and Milton Keynes offices.

UKMEA chief executive Jeremy Cohen said: ‘As a dynamic firm focused on growth, reflecting our clients’ ambitions, our new crop of partners in UKMEA have all demonstrated an ability to deliver technical brilliance with exemplary client service.’

Jaishree.kalia@legalease.co.uk

Partnership promotions in full:

 

Clyde & Co:

Clare Hatcher – (Projects & Commodities) London

Elisabeth Moseley – (Corporate) London

Craig Rooney – (Aviation) London

Jai Sharma – (Marine & International Trade) Guildford

Tom White – (Insurance) London

Fabrice Pradon – (Aviation) Paris

Susie Abdel Nabi – (Dispute Resolution) Dubai

Patrick Murphy – (Dispute Resolution) Dubai

Alain Sfeir – (Corporate) Riyadh

Gareth Horne – (Insurance) Sydney

Trudy Seow – (Aviation) Singapore

Conor Warde – (Corporate & Marine Finance) Hong Kong

Jessica Kelly (Insurance) San Francisco

 

Dentons:

Anas Akel (Corporate, Saudi Arabia)

Akin Akinbode (ETI Construction, Milton Keynes)

Dan Bodle (International Arbitration, London)

Andrew Cheung (General Counsel, London)

Anna Copeman (IP, London)

Andrew Figgins (Energy, Transport and Infrastructure, Oman)

Ian Fox (Restructuring & Insolvency, London)

Gurbinder Grewal (ETI Construction, Milton Keynes)

Roy Pinnock (Real Estate, London)

Andrew Thornton (Tax, London)

Legal Business

A $40m award: Clyde & Co client Glencore loses High Court fraud case

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Withers‘ client, Romanian oil company OMV Petrom, has succeeded in its high profile dispute against natural resource giant Glencore at London’s High Court, with Glencore, represented by Clyde & Co, ordered to pay out just over $40m for fraudulently shipping oil of a lower than supposed quality to Romania in the 1990s.

Heard at trial over January and February, the dispute over allegations of fraud, deceit and conspiracy was made for damages of over $100m and arose after the defendant (formerly known as Marc Rich & Co) sold 32 shipments to Romanian state firms, which were alleged to have been a blend of various types of cheaper and heavier crude oils than what Glencore charged, thus ‘enabling Glencore to make a greater profit than it would otherwise have done’.

20 Essex Street trio Duncan Matthews QC, Andrew Fulton and Luke Pearce were instructed by Withers for the claimant while 7KBW’s Richard Southern QC and Brick Court Chambers’ Fionn Pilbrow took instruction from Clyde & Co for the defendant.

In a ruling published on 13 March, Justice Flaux held: ‘If, in relation to any given cargo, Glencore had disclosed the true position, Petex and/or Rafirom would have been able to reject the cargo and purchase the recognised grade elsewhere or, if inclined to accept a blend, to renegotiate the price downwards to reflect the lower value of the bespoke blend, a matter to which I return below in more detail in relation to the quantum of the claim.’

Petex, the original commission agent for the oil, previously commenced arbitration against the Swiss company in 2003 claiming breach of contract and/or fraud, however part of Glencore’s defence was that it was time barred and the company was not the successor in title to the Romanian companies which received the cargoes. In this trial Glencore also contended that Petex was aware that the shipment comprised a bespoke blend.

On the latest ruling, Justice Flaux said: ‘It follows that, applying the discount to the total quantity of the claim cargoes gives a figure for the discount of $26.3m. When that is added to the difference between the price paid and the cost, insurance and freight (CIF) price of the blends as calculated by [energy expert] Catherine Jago, the overall loss suffered by Rafirom and hence Petrom as its successor in title as a consequence of Glencore’s deceit is $40.1m.’

Glencore is expected to appeal the ruling. 

sarah.downey@legalease.co.uk

Legal Business

What’s in a name? Companies House found liable in £8.8m negligence spelling mistake case

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Companies House has today (26 January) lost a major argument at the High Court after a Cardiff businessman argued a blunder over a single letter on a document caused his 124-year old business Taylor and Sons’ to go into administration.

Heard during November last year, businessman Phil Davison-Sebry filed a claim for negligence and breach of statutory duty against Companies House, which acts as the UK’s registrar of companies and is an executive agency and trading fund of the government.

Representing the claimant was 7 KBW‘s Clive Freedman QC and Selborne Chambers’ Neil Mendoza who were instructed by Clyde & Co partner Neil Jamieson, while One Crown Office Row duo Paul Rees QC and Neil Sheldon were instructed by the Treasury Solicitor for Companies House.

According to the claimant, the company had traded successfully for many years including supplying military equipment during both World Wars. It was a well-respected and substantial business which retained its family connection to the Taylor family until just a few weeks before the administration. However, in February 2009, the agency recorded the business as being wound up, when it was in fact another company, Taylor & Son Ltd, as a result of a spelling mistake with the letter ‘S’. It was claimed the mistake led to the firm – which employed 250 people – going into administration.

Justice Edis held that the consequence of this publication was to affect the willingness of Taylor and Sons’ customers and suppliers to continue to do business with it. In a trial of preliminary issues, Justice Edis, concluded that that there was no reason other than the mistaken entry for the company going into administration.

The case assessed whether there was a duty of care in negligence owed by the registrar to a trading company to ‘exercise reasonable skill and care not to enter falsely in the register that it had gone into liquidation’.

Justice Edis said that ‘….balancing the harm actually done to the company in this case against the potential adverse impact upon Companies House it is clear that the balance favours the loss falling on Companies House rather than the company.’

‘To say that it was also owed to every other company on the Register is only to say that a hospital owes a duty to each patient which it treats, and may come to owe duties to many thousands of people in the course of a year. That is of course true, but not a reason for denying that the hospital ever owes any duty.’

He added: ‘Given that the system of registration is compulsory… it does not seem unjust to impose liability on those who benefit from the system (the public) for harm done by its faulty operation’.

sarah.downey@legalease.co.uk