Legal Business

Asia round-up: DLA hits Jakarta while Stephenson Harwood expands in Singapore and Beijing

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Despite concerns over a cooling eastern economy, UK advisers continue to invest in Asia with DLA Piper and Stephenson Harwood this week making major plays in the region.

DLA Piper has entered into a strategic alliance with Indonesian law firm Almaida Baely & Firmansyah (IAB&F), ramping up its already huge global footprint. Like most international advisers, DLA had previously largely serviced Indonesian work from its Singapore arm.

DLA co-chief executive Nigel Knowles explained the rationale for entering the increasingly feted market: ‘At DLA Piper we make it our business to do business where our clients do business. Indonesia is one of the fastest growing emerging economies in the world, with a young population, burgeoning middle class consumers and growing international trade – it makes sense for us to formalise our close ties with our partners there.’

International advisers have been attracted to soaring rates of direct foreign investment in Indonesia – estimated by the International Monetary Fund to have expanded 400% over the last four years – annual growth rates of over 6% and the potential of a country with a population of a quarter of a billion.

In March 2011, Norton Rose tied up with Jakarta’s Susandarini & Partners, while Stephenson Harwood entered into an association with Christian Teo Purwono & Partners in November the same year. Herbert Smith Freehills (HSF) has a longstanding alliance with Hiswara Bunjamin & Tandjung that began over ten years ago.

Magic Circle firms Linklaters and Allen & Overy also have alliances in the country while White & Case is the most recent international firm to enter the market via an association with MD & Partners, which was agreed earlier this year.

IAB&F joins DLA as part of a growing group of ‘relationship firms’, including DLA Phillips Fox in New Zealand, Croatia’s Glinska & Miskovic, Egypt’s Matouk Bassiouny, Sweden’s DLA Nordic and six firms across Africa.

Elsewhere, Stephenson Harwood has ramped up in another much touted market after agreeing a formal association with Singapore’s Virtus Law. This bypasses the need for a qualifying foreign law practice (QFLP) licence to offer Singaporean law. Despite 23 international firms – including Stephenson Harwood – last year applying for the incoming QFLP, only four were granted in the first round.

Stephenson Harwood also this week opened a representative office in Beijing, after receiving approval from the Ministry of Justice late last year. James Zhang, a legal director at the firm, is heading up the branch, which will focus on corporate and maritime law.

The relative difficulty of securing local licences has been seen as a driver for alliances between foreign and local firms. However, Singapore is widely expected to eventually move towards further liberalisation.

Elsewhere, Legal Week today (2 May) reports that Linklaters and Baker & McKenzie are the latest firms to secure approval to launch local offices in South Korea. A large group of foreign law firms last year applied for local licences in response to Bar liberalisation. Eighteen firms have so far received approvals from the Ministry of Justice, including Clifford Chance, DLA Piper, K&L Gates and Herbert Smith Freehills.

david.stevenson@legalease.co.uk

Legal Business

FSA slaps Pru with £30m fine before its split

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The Financial Services Authority (FSA) handed out its last penalty before being split up after fining companies in the Prudential Group (Prudential) a total of £30m.

According to the watchdog, the fine relates to Pru’s failure to inform the regulator that it was seeking to acquire AIA, the Asian subsidiary of AIG, in early 2010.

Stephenson Harwood and Freshfields Bruckhaus Deringer landed roles advising on the fine.

The Pru turned to Freshfields’ head of financial institutions David Scott for advice on the fine.

Tony Woodcock, commercial litigation partner at Stephenson Harwood landed a role acting for Tidjane Thiam, the insurer’s chief executive.

‘Prudential, led by Thiam as CEO, failed to give due consideration to its obligation to inform the FSA of this transaction, which would have had a huge impact on the ground had it gone through. That was a serious error of judgement for which the Prudential is paying the price,’ said Tracey McDermott, FSA director of enforcement, in a statement.

According to the FSA, the Pru failed to inform it at the earliest opportunity to allow them to approve or reject the deal on regulatory grounds.

The FSA issued record fines in 2012, totalling £313m after issuing 57 penalties. Compared to 2011, the FSA handed out £65.5m in fines although the Libor scandal was a major factor in the exponential rise in penalties last year. Already this year, the FSA has handed out over £135m in penalties, with the Royal Bank of Scotland getting hit with an £87.5m fine over the Libor issue in February this year.

This was the last fine to be handed out by the FSA, as it was split into two parts becoming the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) on 1 April.

Slaughter and May corporate heavyweight Charles Randell, is the only City lawyer to be appointed to either of the new regulation bodies. Randell will sit on the PRA’s board.

But if the change in name of the organisation may have caused some to think that the level of fines might drop, one partner at a Magic Circle firm is not convinced.

‘My expectation is that fines will continue to increase. The FSA was moving towards a tariff system, which increased fines in line with a company’s revenue. Although until Prudential no one was criticising the FSA for level of fines,’ they said.

Despite Martin Wheatley, chief executive of the FCA, publicly stating that level of fines will not change companies’ behaviour, many think it will be business as usual for the regulator. One City partner said: ‘The FSA is always trying to hold senior management to account, as seen with the targeting of Prudential’s Thiam.’

A new name perhaps but it looks like financial regulatory partners will be kept busy for the future.

david.stevenson@legalease.co.uk

Legal Business

Cleary hires former Stephenson Harwood chief executive

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Cleary Gottlieb Steen & Hamilton has hired former Stephenson Harwood chief executive and litigation heavyweight Sunil Gadhia in its London office, marking a growing trend of US firms bulking up City disputes practices.

Gadhia is set to join Cleary’s London outpost this year after 15 years as a partner at Stephenson Harwood, of which he spent six as chief executive.