Legal Business

Deal watch: Westfield GC exits for something ‘very different’ as takeover completes while DLA lands Poundworld administration role

Retail’s high street struggles are keeping advisers in the sector busy, as multiple firms took roles on the £18.5bn takeover of Westfield Corporation and DLA Piper took the lead on the administration of discount retailer Poundworld.

A host of firms across the globe advised as French property company, Unibail-Rodamco, completed its acquisition of shopping centre operator Westfield last week, in a deal first announced late last year. The combined $72bn entity owns and operates 102 shopping centres in 13 countries, the majority of which are in Europe and the US.

For Unibail-Rodamco, a group of firms including Darrois Villey Malliot Brochier, Allens, NautaDutilh, Shearman & Sterling, Clifford Chance and Capstan Avocats advised on the transaction. UK Magic Circle firm Allen & Overy (A&O) provided tax advice, led by London tax partner James Burton, alongside Dutch heavyweight Loyens & Loeff and French firm Lacourte Raquin Tatar.

Australia-headquartered Westfield was represented by King & Wood Mallesons (KWM), Skadden Arps, Slate Meagher & Flom, Greenberg Traurig and Debevoise & Plimpton. Sydney-based M&A partner Jason Watts led for KWM while London M&A partner Michael Goldberg headed Greenberg Traurig’s team. Herbert Smith Freehills (HSF) and Greenwoods provided Australian tax advice.

The acquisition, completed 7 June, led to the departure of longstanding Westfield UK and Europe GC Leon Shelley (pictured), who had joined the company 13 years ago from Skadden. His role will be split in two, with deputy GC Amanda Beattie taking on the role of UK GC, while senior legal counsel Maurizio Redondi becomes head of legal in Italy.

Shelley told Legal Business it was natural for there to be changes with any acquisition, particularly when you are on the side being acquired. Senior Westfield executives Shelley admired had recently departed with the deal, including Australian billionaire and co-founder Frank Lowy, along with Lowy’s sons Steven and Peter. Shelley also points to group president and chief operating officer Michael Gutman, who he previously reported to and who has also since left the company.

‘It’s going to be a different company going forward. For me, it’s an opportunity to go and do something very different.’

Shelley said another from the 14-strong legal team, who he declined to name, was also departing. Shelley has received interest in taking other roles but planned to take the summer off before deciding on his next move.

‘I don’t want to rush this decision, and may even decide to do something outside the law. I want to do something that excites me.’

Elsewhere, the demise of another high street brand has seen DLA take the lead role advising Poundworld after it went into administration on Monday (11 June).

US private equity player TPG Capital acquired Poundworld in 2015 from its founder, Christopher Edwards, for £150m. The chain operates 335 stores from its head office in Normanton, West Yorkshire, with about 8,000 product lines including groceries, toiletries, cleaning and confectionary items mostly priced at £1. But about 5,100 jobs are now at risk after a buyer could not be found for the business, and Deloitte was appointed administrator.

A DLA team led by Leeds-based corporate restructuring partner Richard Obank is advising Poundworld. The retailer’s failure coincides with a string of other high-profile retail insolvencies, including toy superstore Toys R Us and high street electronics chain Maplin in February.

Deloitte administrator Clare Boardman commented: ‘The retail trading environment in the UK remains extremely challenging and Poundworld has been seeking to address this through a restructure of its business. Unfortunately, this has not been possible. We still believe a buyer can be found for the business or at least part of it and we are keeping staff appraised of developments as they happen.’

hamish.mcnicol@legalbusiness.co.uk

Legal Business

‘Very selective’: DLA goes to Freshfields for rare City corporate hire in wake of London losses

It has been something of a one-way street out of DLA Piper’s London office recently but the global giant believes it has filled a gap in its corporate practice with the hire of Freshfields Bruckhaus Deringer veteran Martin Nelson-Jones.

Nelson-Jones had been partner at Freshfields since 2001 and was previously the firm’s co-head of global infrastructure and transport. He specialises in M&A, particularly in the energy and infrastructure sectors. He first joined Freshfields in 1991.

DLA global corporate co-chair Bob Bishop told Legal Business that infrastructure had been a gap the corporate practice had been looking to fill with a senior hire. The firm was always looking to deepen its corporate bench, which has more than 20 partners, but its strategy in recent years was to focus on hires which added new expertise rather than just putting bums on seats.

‘We are keen to grow our London corporate group, but particularly in specialisms. One is infrastructure. We see a lot of investment coming into infrastructure globally. There’s a lot of money chasing a small number of assets.’

Bishop believes Nelson-Jones was attracted to DLA’s comparatively broader international platform, saying DLA was focused on global deals in a wide spectrum of sectors. The firm advised on the highest number of deals in Europe last year, according to Mergermarket statistics – the eighth consecutive year DLA has topped the rankings by volume.

Nelson-Jones’ hire comes amid a turbulent few months at DLA, who recently lost one of its brightest deal stars when Anu Balasubramanian left to lead Paul Hastings’ private equity team in London.

That blow followed a high-profile partner exodus to McDermott Will & Emery, which most recently saw the departure of City real estate trio Laurence Rogers, Neville Wright and Tom Calnan.

Bishop said it was a shame to see Balasubramanian leave but added he was confident the practice would continue to build, saying the market was ‘very buoyant’ with both significant, headline deals and large volumes overall.

Nelson-Jones is DLA’s eleventh partner hire in London in the past 18 months. Corporate laterals in the City have been hard to come by, however, with the most notable in recent years stretching back to private equity partner Tim Wright from KWM in mid-2014. The firm made up one partner in its corporate practice this year.

Bishop commented: ‘We continue to look to add people but we also want the right people. We’ve intentionally been very selective about what we will and won’t do.’

Meanwhile at Freshfields, Nelson-Jones’ departure comes after the high-profile loss of corporate heavyweight David Higgins to Kirkland & Ellis and the retirement of stalwart dealmaker Simon Marchant as London corporate head .

hamish.mcnicol@legalbusiness.co.uk

Legal Business

McDermott’s mass lawyer swoop casts shadow over DLA financial renaissance

It has been a bumpy few months for DLA Piper. Just as the dust was settling following McDermott Will & Emery (MWE)’s 20-partner blitz on its US offices, the Chicago-based firm hired another three partners from DLA in London.

What a way to take some of the gloss off a turnaround in global turnover to back above $2.5bn, coupled with double-digit percentage growth in net profit, also announced in April.

Legal Business

DLA becomes latest firm to make post-Brexit Dublin move after lengthy consideration

DLA Piper has made good on a long-pondered office in Dublin as the firm eyes increased business in Ireland post-Brexit.

The firm said today (15 May) it was opening an office in Dublin with the hire of William Fry corporate partner David Carthy, who heads that firms foreign direct investment and life sciences and healthcare groups. He will lead DLA’s Dublin office, for which an opening date has not been confirmed.

Financial services, technology and life sciences will be a particular focus for DLA’s new office, with Dublin seen as a key global hub in those sectors. A year ago, the firm had downplayed speculation it was in the advanced stages of a Dublin launch.

DLA co-chief executive Simon Levine said the financial services, technology and tax sectors would only gain importance in Dublin given the context of Brexit, with the firm expecting more institutions to expand or develop presences there.

He commented: ‘We have been evaluating Dublin for some time and through consultation with our clients, a number of whom currently operate in Ireland or are looking to, and our partners have decided now is the right time for DLA Piper to enter the Irish market.’

DLA senior partner Andrew Darwin added: ‘We very much look forward to welcoming David to the firm where he will build our Dublin office as an integrated part of the global firm, providing first-rate legal and tax services to the firm’s clients operating in, expanding into or exporting from Ireland.’

Darwin told Legal Business: ‘Dublin was a market the firm had thought about for many years, without ever finding the right moment to move. Brexit had been the catalyst to take another look and was the additional dimension which tipped the balance of the Dublin business case.

DLA was already talking to more potential lateral hires and Darwin was confident the firm could attract more talent.

He added: ‘We only wanted to do it if we could find the right person. It’s taken quite a lot of effort and has been an interesting exercise getting to know the market a bit more.’

The firm has been actively hiring partners to its global tax practice, recruiting a trio of tax partners in Paris from Reed Smith earlier this year. It has also seen some high-profile departures, however, most recently losing three real estate partners in London to US firm McDermott Will & Emery.

DLA is the fifth firm to open in Dublin after the Brexit vote, following in the footsteps of Lewis Silkin, Simmons & Simmons, Covington & Burling and Pinsent Masons. Lewis Silkin was the most recent launch in March this year, while Pinsents was the first, post-Brexit referendum with its June 2017 launch, although it says the decision to open there was made before the UK voted to leave the EU.

hamish.mcnicol@legalease.co.uk

Legal Business

DLA loses three real estate partners to McDermott in wake of 50-lawyer exodus

McDermott Will & Emery is darkening DLA Piper’s door once more, with the hiring of another three partners, shortly after bringing in 20 partners from the firm’s US offices.

London-based DLA real estate partners Laurence Rogers, Neville Wright and Tom Calnan are leaving the firm to join McDermott. Rogers specialises in real estate finance, Wright in corporate tax for the finance and real estate sectors, and Calnan in commercial real estate. A DLA spokesperson confirmed the departures but said the firm had no further comment to make.

McDermott declined to comment on the departures.

Rogers and Wright were previously partners at legacy Berwin Leighton Paisner (BLP) before joining DLA in 2014, with Rogers formerly DLA’s UK head of real estate. Calnan, meanwhile, had been at the firm for little more than a year after joining from King & Wood Mallesons (KWM).

The trio’s loss comes quickly after McDermott brought in a team of 50 lawyers from DLA in the US, in a string of major moves touted as adding $100m revenue to its top line. The Chicago-based McDermott hired a four-partner real estate finance team led by DLA’s New York-based global co-chair of finance, Jeffrey Steiner, in late March, representing the third DLA practice group leader to join McDermott in a short time.

McDermott’s latest raid at DLA compounds a turbulent end to 2017 for the firm, most obvious in the departure of its esteemed senior partner and global co-chair Juan Picón to Latham & Watkins in Spain last November. DLA veteran Andrew Darwin was named his successor in February, following the firm’s first contested senior partner race in a decade.

In April, DLA said its global turnover had bounced back from last year’s drop with double-digit percentage growth in net profit. The firm’s global revenue was up 7% to $2.63bn in 2017, and net profit lifted 10% to $709m. Profit per equity partner (PEP) rose to $1.76m from last year’s $1.66m.

hamish.mcnicol@legalease.co.uk

Legal Business

Back on track: DLA Piper revenue rebounds past $2.6bn as 62 lawyers make partner

DLA Piper has bounced back from last year’s global turnover drop with double-digit percentage growth in net profit and promoted 62 lawyers to its partnership.

The firm’s global revenue rose to $2.63bn in 2017, up 7% on last year when turnover dipped below $2.5bn because of exchange rate fluctuations across its international business, which is divided between an international LLP and a US LLP.

In January, DLA added £75.5m to its international LLP’s top line on the back of exchange rate movement –  accounting for 69% of the international revenue improvement for the year ending 30 April 2017.

Total lawyer numbers dipped slightly to 3,609 from 3,615, having dropped by 140 the year previous. Revenue per lawyer at the firm rose 7% to $729,824, while net profit at was up 10% to $709m. Profit per equity partner (PEP) also rose to $1.76m from last year’s $1.66m – a 6% lift.

DLA also announced its latest partnership promotion round today (4 April), making up 62 lawyers across the US, UK, Canada, Europe, Asia, Latin America, the Middle East, Australia and South Africa. Women made up 20 of the promotions, while ten promotions were in the UK, including eight in London – although none in its around 100-lawyer Leeds office. Litigation and regulatory added 16 promotions, corporate 14, and tax and finance and projects both had eight.

DLA’s financial results and partnership promotions came as McDermott Will & Emery  brought in a team – including more than 20 partners – from DLA Piper’s US offices, in a string of major moves touted as adding $100m in revenue to its top line.

The US departures compound a turbulent end to 2017 for DLA Piper, with the firm losing its esteemed senior partner and global co-chair Juan Picón to Latham & Watkins in Spain. In February, it named veteran Andrew Darwin as its new senior partner after Picón’s departure sparked the firm’s first contested election in a decade.

hamish.mcnicol@legalease.co.uk

DLA Piper promotions in the UK 

London
Chris Arnold, corporate
Joel Cooper, tax
Randall Fox, tax
Steven Krivinskas, finance and projects
Christina Lawrence, litigation and regulatory
Kelly Lovegrove, tax
Peter Lowe, real estate
Bryony Robottom, finance and projects

Birmingham
Phillip Kelly, litigation and regulatory

Sheffield
Alastair Clough, litigation and regulatory

 

Legal Business

In-house: CMS breaks new Crown Estate ground as Heineken UK and DLA toast another two years

The legal adviser overhaul of £13bn real estate business The Crown Estate by general counsel (GC) Rob Booth continues with CMS Cameron McKenna Nabarro Olswang picking up a sole legal provider mandate for the estate’s £2.5bn regional retail portfolio. Meanwhile, DLA Piper has won another two years as principal legal adviser to Heineken UK.

CMS’s appointment with The Crown Estate, announced Monday (March 12), covers work including asset management, development, sales and purchases for its regional portfolio, which comprises 14 shopping and retail parks, three shopping centres and one leisure destination. It is the first time the firm has secured a role on the panel.

CMS partners Ciaran Carvalho, John Cumpson, Sarah Meldrum, Marie Scott, Karen Clarke and Marcus Barclay led the pitch on behalf of the firm’s teams in London and Sheffield. Carvalho said: ‘We are absolutely thrilled to have won this significant mandate after a highly competitive pitch. The Crown Estate takes a long-term view of real estate, and we see this as the start of a strong and lasting relationship, extending over the course of this mandate and, we hope, well beyond.’

The Crown Estate is governed by an Act of Parliament and returns all of its profits to Treasury, worth £2.6bn in the last decade. Booth told Legal Business legal spend is worth between £10m and £15m annually. On CMS’ appointment, Booth (pictured) commented: ‘We were impressed with the offering CMS put together. There is a strong sense of innovation and collaboration in the future of our partnership with them.’

Booth’s appointment to GC in May 2016, replacing Vivienne King, was coupled with an announcement the estate would overhaul its sets of legal advisers. Since then, LB 100 firms Hogan Lovells  and Womble Bond Dickinson  were awarded the mandate for the energy, minerals and infrastructure portfolio in February last year, while Berwin Leighton Paisner (BLP) secured the jewel-in-the-crown £7bn central London property mandate a month earlier.

Elsewhere, a principal legal adviser relationship between DLA Piper and the UK arm of global beer and cider producer Heineken has been extended another two years. DLA was first appointed to the role in 2015 on an initial three-year term, covering property, litigation, IP, corporate and employment law.

DLA IP and technology partner John McKinlay, who is based in Edinburgh and manages the relationship, said the renewal is the best testament to the success of the arrangement. The firm is advising on a broader range of work and has gained a better understanding of Heineken UK through secondees and other investments.

‘That’s the great win-win of these relationships… it’s a very significant account for the firm.’

A key piece of work was advising on Heineken’s £403m acquisition of a portfolio of around 1,900 UK pubs owned by Punch Taverns last summer, which the beer giant bid for alongside Patron Capital.

DLA also has a similar agreement with Merlin Entertainments, following its appointment as primary supplier for global construction as well as UK commercial, property and HR work in January last year.

Last week, listed infrastructure group Balfour Beatty extended and revamped its sole supplier partnership with Pinsent Masons, which also has a single-supplier mandate with energy giant E.ON for a five-year term. Other high-profile sole-supplier deals include Eversheds Sutherland with Tyco and Turkish Airlines.

hamish.mcnicol@legalease.co.uk

Legal Business

Revolving doors: new teams for DLA Piper and Dentons while IP specialists find new homes

Firms have launched new teams in Paris and Milan on the back of a strong week for European lateral recruitment, while both Ashurst and Eversheds Sutherland have bolstered their IP practices with hires in the UK.

In the City, Ashurst hired former Clyde & Co intellectual property (IP) head David Wilkinson for its London disputes team. Wilkinson has more than 20 years’ experience in disputes and transactions involving patents, copyright, designs and confidential information.

Ashurst global head of IP Lisa Ritson said Wilkinson’s broad expertise in the area would be a valuable addition to its offering. The firm’s disputes head, Simon Bromwich, added that the firm was developing its IP practice with an immediate focus in London: ‘David’s expertise in covering both contentious and non-contentious work in a broad range of areas is also a perfect complement to our existing international IP capabilities.’

Also in IP, Eversheds Sutherland brought back Rupert Bent for his second stint at the firm, based in Birmingham. Bent was most recently the head of IP at Leeds stalwart Walker Morris, and was previously a senior associate at Eversheds Sutherland for nearly a decade. The firm’s head of IP and media, Neil Mohring, said Bent would enhance its IP capability. Bent added: ‘I’m very pleased to be re-joining the team as a partner and very much look forward to the challenges ahead.’

Osborne Clarke, meanwhile, announced former Thrings partner and Bristol office head Colin Stratton would join its real estate team from May this year. Stratton specialises in commercial and residential development work, as well as acting for the public sector. Also in the UK, Bristol-headquartered Burges Salmon added to its corporate tax team with the appointment of Sarah Lane, who has previous experience at KPMG and EY, and was most recently managing director of FTI Consulting.

Further afield, DLA Piper launched a fund offering in Paris with the hire of corporate partner Benjamin Aller from asset management consultancy MJ Hudson. The move follows the hiring of tax partners Sylvie Vansteenkiste, Fanny Combourieu and Raphaël Béra, also in Paris, from Reed Smith: the trio had joined that firm as part of a 17-partner move from collapsed legacy SJ Berwin at the start of 2017.

Aller has more than two decades’ experience advising on private investment funds and related transactions, and has advised on several hundred fund of fund investments throughout Europe, the Middle East, Africa and Asia. DLA global corporate co-chair Bob Bishop said Aller’s hire, when aligned with the tax team, meant the firm could go to market with a funds offering in France.

‘This builds out DLA Piper’s global funds practice and is highly complementary to our existing transactional private equity team in Paris. That team has made great progress over the last few years and our new recruits will help move us to the next level.’

Elsewhere on the continent, Dentons launched a white collar and investigations team in Italy with the hire of Armando Simbari, who will be based in Milan and joins from Dinoia Federico Pelanda Simbari Uslenghi. Bird & Bird appointed experienced M&A lawyer Jan Byström as partner in Stockholm, where he joins from his own boutique transactional firm. And DWF hired Vassilis Akritidis in Brussels from McGuireWoods, to lead on international trade and WTO issues.

hamish.mcnicol@legalbusiness.co.uk

Legal Business

A long time in law: DLA Piper hires SJ Berwin tax escapees from Reed Smith

A trio of tax partners who joined Reed Smith in a 17-partner move from collapsed legacy SJ Berwin have moved on again after little more than a year, joining DLA Piper.

DLA has hired Sylvie Vansteenkiste, Fanny Combourieu and Raphaël Béra from Reed Smith. The three tax partners came to Reed Smith in January last year after the US firm hired 50 fee-earners, including 17 partners, three counsel, 22 associates, one jurist, seven trainees and nine other support staff from the failed European arm of King & Wood Mallesons (KWM). The hiring spree was understood to represent the largest group of lawyers taken on by a firm in the wake of the collapse.

Reed Smith also hired competition and antitrust partners Marc Lévy and Natasha Tardif, as well as corporate and private equity partners Guilain Hippolyte and Pierre-Louis Périn in Paris alongside the tax trio.

DLA Piper global co-chair of tax Roderik Bouwman said the lateral hires showed the firm’s commitment to growing its global tax practice, commenting: ‘We continue to see a very high demand for advice in this area and the new team has an outstanding reputation as tax specialists. Their combined expertise complements that of our existing team and enhances our integrated tax offering for our clients.’

Reed Smith Europe and Middle East managing partner Tamara Box said the Paris office has grown from 45 lawyers to almost 70, and that 2017 was one of the office’s busiest years: ‘It’s always disappointing to see good people leave the business and we certainly wish our former partners well.’

At the time of the hires, Box had said the partners had been independent during the process, with some pursuing opportunities at other firms. ‘We believe every single partner had other offers, and in most cases multiple offers,’ she said.

hamish.mcnicol@legalease.co.uk

 

Legal Business

DLA whittles senior partner race to three-way contest as elections grip the City

Hamish McNicol looks at the frontrunners amid a bumper season of senior leadership changes

DLA Piper is making up for lost time in its first senior partner election in a decade. The month-long process, which initially involved eight candidates, two voting stages and ten days of hustings, has been heralded by the firm as showing its breadth and depth, but has also raised eyebrows.