Legal Business

Another one bites the dust: KWM’s former European head of finance leaves for Cadwalader

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The partner exits at King & Wood Mallesons‘ (KWM) City office keep coming, with former Europe head of finance, Jeremy Cross, set to join Cadwalader, Wickersham & Taft.

Cross (pictured), who counts Barclays, the Royal Bank of Scotland and Lloyds Banking Group as clients, is set to join Cadwalader’s City office in the coming weeks. The move comes as part of a broader push by Cadwalader in London, with headcount at its City office growing 17% to 56 lawyers last year after a long period of stasis.

Cross, who served as Europe head of finance until the recent restructuring of the firm’s practice groups in London, down from 17 to three practices, leaves KWM after 13 years at the firm. He joined legacy firm SJ Berwin, which combined with KWM in 2013, from Osborne Clarke in 2003 where he was also a partner. He was made head of finance at SJ Berwin in 2008.

Cross is the latest in a long line of partners to leave KWM’s European and Middle East practice, with the firm’s finance group markedly diminished. Cross’s departure comes just days funds finance specialist Robert Andrews left for Ashurst, with leveraged finance specialist Simon Fulbrook having quit for Goodwin Procter last year and Chris Fanner having moved to Gateley just three years after his high-profile arrival from Herbert Smith Freehills. Cross is a broad hand, acting on acquisition, real estate and funds finance.

KWM’s European practice has had a turbulent start to the year, with managing partner William Boss resigning in January just nine months into the role and a partnership restructuring taking place in March that axed 15% of the firm’s partners in Europe and the Middle East. The firm has also overhauled its practice structure, cutting 17 practice teams into three overarching streams: corporate finance and funds; dispute resolution and regulation; and real estate.

Separate from the restructuring, KWM in April lost a six-partner private equity team in Paris to Goodwin Procter, with the group through to have walked out with £8m worth of billings.

tom.moore@legalease.co.uk

 

 

Legal Business

Ashurst extends banking practice with KWM funds finance hire

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Ashurst has continued to hire into its banking practice, appointing King & Wood Mallesons (KWM) partner Robert Andrews to its London office.

Specialising in funds finance, Andrews (pictured) is well respected in the market and was a significant biller for KWM in London last year. He has led funds finance transactions for major banks such as Barclays Bank, Lloyds Banking Group and The Royal Bank of Scotland as well as a number of private equity funds.

Andrews has also advised arranging banks and private equity sponsors on acquisition finance transactions including public-to-private deals and pan-European and US refinancings, with total borrowings of several billion, and has acted on real estate financing for Deutsche Bank and The Royal Bank of Scotland.

Andrews’ move to the firm coincides with the hire of RBS head of EMEA loan markets Dave Rome to a newly-created position of strategic director of corporate lending. In his new role, Rome will bring his 25 years’ experience at RBS and NatWest across the UK, Europe and Asia to develop and grow drive the firm’s strategy across syndicated loan markets. The pair join the firm’s 38 partner-strong finance offering in its London office. Going the other way, Ashurst lost financial regulation head Rob Moulton to Latham & Watkins at the end of last month.

Ashurst head of bank industry Lee Doyle told Legal Business the future was looking positive. ‘Obviously the market has got significant challenges coming up, but the Ashurst banking practice is stronger than it’s ever been. It has more opportunities to grow than it’s ever had before. We’ve responded to client demand and client need and the market feedback is really positive.’

Andrews is the fourth notable KWM defector to Ashurst in the past twelve months. He joins real estate duo Darren Rogers and Patrick Williams and corporate partner Joshua Cole, who is based in Ashurst’s Hong Kong office.

madeleine.farman@legalease.co.uk

Legal Business

Dealwatch: KWM leads for regular client TransDigm on $1bn US defence purchase

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King & Wood Mallesons, Latham & Watkins (KWM) and Cleveland firm BakerHostetler have advised on the $1bn sale of defense company Data Device Corporation (DDC) to TransDigm Group.

DDC, which designs data and motion control systems for advanced military and space vehicles, will be owned by US-listed aerospace manufacturer TransDigm after TransDigm pays $1bn for the parent company of DDC, ILC Holdings. ILC is owned by private equity firm Behrman Capital.

KWM acted on the deal alongside BakerHostetler which advised TransDigm on US aspects of the deal. Latham acted for Behrman Capital.

Latham’s team was led by Silicon Valley-based corporate partner Luke Bergstrom, as well as partners Anthony Klein, Laurence Stein, James Metz and San Francisco-based antitrust partner Joshua Holian.

The KWM team consisted of 30 lawyers led by London corporate partner Mark Sanders. Munich-based partners Lars Reubekeul and Tilman Siebert, Paris partners Pierre-Louis Perin and Anne Quenedey, Frankfurt-based Barbara Geck and London partners Ian Borman, James Walsh, Carl Richards, Wyn Derbyshire and Simon Holmes.

TransDigm is one of KWM’s major clients, with the firm acting on a number of transactions for the company, including its recent acquisition of Telair Group for $725m in 2015. The team for that deal was led by Germany based partner Michael Cziesla.

Sanders said: ‘This is another sizable acquisition for TransDigm, which meets TransDigm’s strategic, operational and value-creation criteria. We are delighted to have been able to use our transactional cross- border capabilities in Europe to support TransDigm, whilst also leveraging our expertise in the aerospace sector.’

The deal is expected to be completed in the third quarter of 2016.

matthew.field@legalease.co.uk

Legal Business

Pinsents, Gowling WLG and KWM appointed to reduced Royal London Asset Management panel

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Pinsent Masons, Gowling WLG, King & Wood Mallesons and specialist commercial firm Cannings Connolly have been appointed to Royal London Asset Management’s (RLAM) reduced real estate panel following a review.

The panel, which has been trimmed from six firms, took effect on 1 June and will last at least three years. The process was overseen by Kevin Bould head of support services, in conjunction with RLAM’s in-house legal team.

In a statement, Bould said: ‘Royal London Asset Management completed a tender for its property legal services which sought to align its sector driven approach with specialist advisers. We have appointed King & Wood Mallesons LLP, Cannings Connolly, Gowling WLG and Pinsent Masons on retail, offices and industrial property work with effect from the 1 June 2016.’

Established in 1988, RLAM is a fund management company with assets under management of more than £87.9bn. It is wholly owned by Royal London, the UK’s largest mutual life and pensions company.

Ongoing panel reviews at the moment include the Crown Estate, which has launched a review of its external legal adviser panel following the departure of general counsel Vivienne King who has been replaced by former deputy Rob Booth.

The Crown Estate, which has £13bn of assets under management, operates a structured panel for significant legal work and aims to develop long term relationships with the firms it uses. On a rolling basis, panel mandates are retendered typically every five years.

kathryn.mccann@legalease.co.uk

Legal Business

KWM cutbacks hit 37 support staff in the City

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King & Wood Mallesons (KWM) has made 37 business services jobs redundant in London as part of wide-reaching cutbacks across its European arm.

The firm’s management informed staff in March that 15% of its 160-strong partnership across the UK, continental Europe and the Middle East would lose their jobs as part of a restructure of the business. With 425 business support staff operating across the region, which covers nine offices, the redundancy meant 45 roles came under review.

The decision also meant 24 partners would be asked to leave the firm as part of the process and by early May, filings at Companies House by KWM revealed eight City-based lawyers had already left the partnership.

KWM also announced in February that it was overhauling its practice structure, cutting 17 practice teams into three overarching streams: corporate finance and funds; dispute resolution and regulation; and real estate. Those three teams are headed respectively by Tim Bednall, Tom Usher and William Naunton.

The review is the second to affect legacy SJ Berwin in the last year, and has raised questions over the success of its 2013 union with KWM.

It follows news that Dentons is reviewing 50 back-office jobs in the UK as part of a plan to launch a services centre in Poland, while Norton Rose Fulbright is expected to cut 170 operational roles – an estimated 5% of its global workforce – for its upcoming business services centre launch in the Philippines. DLA Piper made a similar move in early May by announcing it is to slash 200 business support jobs in the UK and shift roles to low-wage economy Poland.

KWM declined to comment.

sarah.downey@legalease.co.uk

For more on King & Wood Mallesons see: ‘Sum of its parts: can King & Wood Mallesons match the hype?’

Legal Business

Eight already depart KWM partnership as European restructuring kicks in

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Eight City-based lawyers have left the partnership at King & Wood Mallesons as part of a restructuring that will see up to 24 partners exit across Europe and the Middle East.

Just 42 days after KWM’s global managing partner Stuart Fuller and Europe and Middle East senior partner Stephen Kon informed staff at the firm’s London office that 15% of its 160-strong partnership across the UK, continental Europe and the Middle East would lose their jobs as part of the restructuring, eight partners have left, according to Companies House records.

Construction partner Stuart Jordan, employment partner Hilary O’Connor, London head of tax Heather Corben, litigation partner Jason Juden and corporate partner David Parkes were all filed as ‘appointment terminated’ with Companies House yesterday (3 May).

Juden led the property litigation team at SJ Berwin & Co ahead of the City firm’s combination with KWM and subsequently co-headed the UK real estate practice. Parkes, meanwhile, was co-head of the firm’s Africa and Russia/CIS groups.

Also on the list is real estate partner Darren Rogers, who has joined Ashurst; Wyn Derbyshire, a pensions, trust and employment lawyer who  is no longer a partner at the firm but has been retained as a consultant; while Legal Business understands that Angus Evers, an environmental and health and safety specialist who has also left the partnership, is currently on sabbatical with an option to return to the firm as a consultant.

The firm expects the restructuring to be completed by the end of the year, with further exits set to come in London and Germany. Around 15% of its European and Middle Eastern partners have been affected, with an additional 45 business services roles in London made redundant.

The legacy SJ Berwin arm of KWM, covering Europe and the Middle East, was the worst-performing region of the firm last year behind cornerstone practices in Australia, Hong Kong and China as global revenue dropped 1% to $1.02bn in 2015. London is by far the largest office in the Europe and Middle East region, generating around 65% of the region’s revenue of £191m.

Nonetheless, it has been under constant strain with a string of significant partner exits, cash flow problems culminating in delayed payments to partners and a lack of leadership following the resignation of Europe and Middle East managing partner William Boss after less than a year in the post to return to fee earning.

However, the restructuring has had unintended consequences, with a highly regarded six-partner private equity team in Paris leaving to join Goodwin Procter last month in a move that severely depletes its local capabilities.

tom.moore@legalease.co.uk

Legal Business

KWM real estate duo land at Ashurst following restructure

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With 24 partners on the market following King & Wood Mallesons‘ (KWM) decision to axe 15% of its European and Middle Eastern practice, Ashurst has picked up real estate partners Darren Rogers and Patrick Williams.

Rogers, who made partner at what was then SJ Berwin five years ago, has joined Ashurst’s real estate team as a partner. He moves with Patrick Williams, who was promoted less than a year ago when KWM made up only two London lawyers from a 36-strong round.

Rogers’ clients include CarVal Investors, an investment arm of US industrial giant Cargill, online retailer Amazon and the real estate arm of investment manager Invesco. He and Williams have also advised longstanding client of the firm, British Land, which named KWM as one of eight go-to law firms when it issued its first formal legal panel at the end of last year.

Rogers said he was ‘delighted to be joining Ashurst’ as it has ‘a clear strategic commitment to the built environment sector’.

Ashurst global head of real estate Hugh Lumby, added: ‘Built environment is a key strategic focus for Ashurst. Darren and Patrick are highly experienced lawyers with excellent reputations and strong client relationships which complement that business and demonstrate once again Ashurst’s commitment to a market leading real estate practice.

He added: ‘They also bring particular experience in the Asian markets and with the increasing globalisation of real estate and projected increase of capital flows into Europe from Asia, Middle East and the US, Darren and Patrick are a perfect fit for our leading global practice.’

While Legal Business understands the departures of Rogers and Williams are part of the restructuring announced in March, earlier this month KWM lost nine European partners in a week as a six-partner private equity team in Paris moved to Goodwin Procter and three partners left the London office for Mishcon de Reya, Dentons and Goodwin Procter. The moves were not part of the restructuring of the legacy SJ Berwin practice.

tom.moore@legalease.co.uk

Read more analysis of King & Wood Mallesons in the comment piece: ‘KWM – ultimately a question of confidence’

Legal Business

A hollow victory: Former KWM client wins negligence case but takes home only 5% of damages claimed

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King & Wood Mallesons (KWM) has been ordered to pay its former client Commodities Research Unit International (CRUI) damages of £118,125 after facing a professional negligence claim at London’s High Court.

KWM was accused of professional negligence by former client CRUI after it advised on the departure of the company’s chief executive. After mediation, CRUI paid out £1.35m to the former chief executive and then blamed KWM, seeking that amount plus £800,000 it incurred defending the proceedings, as well as compensation for management time.

In the London High Court  Justice Dingemans heard evidence from KWM’s former European head of employment Nicola Kerr, who since moved to Brown Rudnick in October 2015 and Catherine Briant, and received written evidence statements from Carl Richards and James Darbyshire, as the solicitors working for the firm at the material time.

In a decision handed down last Tuesday (5th April), the judge determined that ‘when [the firm] provided advice about the employment settlement agreement the solicitors acted in breach of duty in failing to identify the existence of the conditions of service and by failing to ask for the conditions of service, which would have meant the payment in lieu of notice clause would have been identified.’

However Dingeman J held that he did not consider the £800,000-plus costs paid by CRUI in its action a sum that can be claimed from KWM and that the client’s expenditure of legal costs was not caused by any negligent advice given by the solicitors.

Instead he awarded damages of just £118,125, significantly less than the £2.15m originally claimed, constituting just 5% of the total sum. This was because the judge felt there was a 35% chance that CRUI could have avoided paying the final 25% of the chief executive’s long term incentive plan had the advice not been negligent.

It follows an earlier decision in January that saw KWM win a key argument over document disclosure in the case and access to certain communications between CRUI and its counsel Norton Rose Fulbright in the underlying suit.

Hailsham Chambers’ Michael Pooles QC and 11 King’s Bench Walk barrister Nigel Porter were instructed by RPC for the defendant while 4 New Square silk Nicholas Davidson QC and 7 King’s Bench Walk barrister Michael Ryan were instructed by City firm Fox for the claimants.

In a statement, KWM said: ‘We have been vindicated by the court on all of the major allegations that were made against us. The court reached a sensible conclusion of what a lawyer might reasonably be expected to do when faced with a request for urgent advice and found that we met the standard required of expert practitioners in their field. The plaintiff recovered only 5% of the sum they sought from us. We are considering an appeal in relation to that aspect.’

sarah.downey@legalease.co.uk

Legal Business

Comment: KWM – ultimately it comes down to a question of confidence

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These are tough times for the house that Stanley Berwin built, with exhibit A being recent news that King & Wood Mallesons (KWM) is undergoing a sweeping partnership restructuring set to trim its European business by nearly two dozen partners, or 15% of its ranks.

While global managing partner Stuart Fuller (pictured) attempts to frame the move as repositioning KWM for the future, the storm clouds are ominous. The firm has suffered a string of significant exits in the last 18 months in its funds, litigation and corporate practices, losing several notable clients along the way. The firm was already going through a performance-driven partnership review set to manage out at least 10% of its ranks by this April (the firm’s German practice has struggled particularly).

While the firm managed to achieve respectable growth in 2014/15 and increases in profitability in Europe, having to go through more major cuts is hardly an advertisement for its partnership. And within days of announcing the latest restructuring, KWM lost no fewer than nine partners to rivals, punching a hole in its productive Paris deal team.

Moreover, it is hard to find the dividend SJ Berwin was supposed to receive for hooking up with KWM in November 2013. At a time of busy levels of Asian investment into Europe, the persistent feedback is that the deal has been slow to generate work for the firm’s corporate and funds practice in Europe.

It was also hardly confidence-inspiring that William Boss, the new managing partner touted as the performance-driven man at the helm in place of the more laid back Rob Day, unexpectedly stood down in January less than a year into the role.

True, the firm has been active in the lateral hiring market and its real estate practice, as one beneficiary of this senior recruitment, has been on solid form. But given that its high-profile merger was hardly based on property work and that SJ Berwin had for years been down-scaling real estate to focus on corporate, that is not an unqualified result.

The message from Fuller – still a well-regarded leader despite the post-merger turbulence – is that the restructuring will align KWM’s European practice with its global practice rather than being a defensive play. He does concede, however, that its European practice was the weakest performer within the firm, with revenues marginally down in the 2015 calendar year after a tough post-summer period.

Perhaps, but the time is rapidly running out for KWM to show that it can get the traction it needs post-merger. On top of the challenges facing the firm, 2016 is rapidly shaping up to be one of the toughest years seen by the legal industry in recent memory (and that’s saying something). Meanwhile, its private equity and funds practices are under siege from more profitable US rivals.

KWM simply doesn’t have the firepower to compete directly on remuneration, so the only hope it has of retaining its top transactional lawyers is that they believe the project is going somewhere. But proving that will not only be about getting Europe lined up with Asia; KWM has to demonstrate that Asia is willing and able to deliver the business it was supposed to.

alex.novarese@legalease.co.uk

Legal Business

Nine European partners down in one week at KWM as restructuring brings unintended consequences

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Just four days after losing a six-partner private equity team in Paris to Goodwin Procter, three partners have left King & Wood Mallesons‘ London office for Mishcon de Reya, Dentons and Goodwin Procter.

David Rose, KWM’s head of intellectual property, is departing for Mishcons – while IP partner Campbell Forsyth and commercial partner Gretchen Scott depart for Dentons and Goodwin Procter respectively.

The exits are not part of a restructuring of the legacy SJ Berwin practice by KWM that has seen around 24 partners asked to leave the firm. Instead, just two weeks after informing the European and Middle Eastern partnership that 15% of partners would be axed alongside 45 business support staff in London, the firm has seen nine partners in Paris and London exit of their own accord.

KWM Europe and Middle East senior partner Stephen Kon said: ‘I would like to express our particular thanks to David who has been with the firm for 24 years and has been an outstanding partner and colleague. He leaves the firm as a friend, and with our very best wishes for his continued success.’

Rose reunites at Mishcons with his predecessor as IP head at KWM, Ray Black, who made the same switch last summer. His client list includes retailer Marks & Spencer and broadcaster Sky.

Forsyth, meanwhile, joins Dentons as part of a play to build up its patent litigation practice. Dentons UK head of TMT Catherine Bingham said that the firm anticipates the advent of the Unitary Patent Court system in Europe to bring ‘a dramatic rise in demand for patent litigation advice’ and ‘Campbell’s arrival positions us extremely well to capitalise on this opportunity given that the UK is frequently the focal point in Europe for cross-border patent litigation’.

For Goodwin Procter, the arrival of Gretchen Scott takes the firm up to seven lateral hires from KWM in just a week, given the six-partner arrival in France that included Paris managing partner and co-head of corporate Christophe Digoy. KWM has proved to be fertile hunting ground to feed the ambitions of Goodwin Procter, with the Hong Kong-headquartered firm’s corporate co-head Richard Lever and finance partner Simon Fulbrook both switching to Goodwin last year.

tom.moore@legalease.co.uk