Event information
Agenda
8.15am – 9.00am Registration
9.00am – 9.10am Opening remarks
- Nathalie Tidman, editor, Legal Business
9.10am – 10.00am The next big thing or tomorrow’s fish and chip paper? Recent trends in banking litigation.
- ESG-related litigation;
- The rise of securities class actions;
- The impact of the PACCAR decision on litigation funding;
- Claims for breach of the so-called Quincecare duty post Philipp v Barclays;
- Disputes arising from Russian sanctions; and
- The continued debate regarding hedging v speculation and the lack of capacity defence, most recently revisited in the Banca Intesa Sanpaolo v Comune di Venezia appeal.
The panel will also attempt to do some crystal-ball gazing as to which of these topics, if any, will continue to be prominent in 2024 and beyond.
- Sonia Tolaney KC, One Essex Court
- Chris Bushell, partner, Herbert Smith Freehills
- Alison Kellett, partner, Norton Rose Fulbright
- Mr Justice Adam Johnson, Judge of the High Court
- Amy Vickers-Collins, senior legal counsel, HSBC
10.00am – 10.50am A Review of FCA Enforcement Activity in 2023 and Future Trends
The Panel will discuss the impact of the recent Upper Tribunal decisions in Seiler v FCA and Bluecrest Capital Management (UK) LLP v FCA, on FCA investigations and enforcement action. The Panel will also consider future trends for possible enforcement activity, in areas such as sanctions compliance, non-financial misconduct and others.
- Saima Hanif KC, 3VB (chair)
- Elaine Penrose, partner, Hogan Lovells
- Gregory Brandman, partner, Eversheds Sutherland
- Katherine Harle, partner and head of UK regulatory & investigations, Dentons
10.50am – 11.10am Coffee Break
11.10am – 12.00pm Navigating the minefield of off-channel communications regulatory enforcement – lessons learned from the US
As a huge uptick in the use of personal devices for business communications continues post-pandemic, some of the world’s biggest financial services institutions have found themselves in the firing line by US regulators including the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), often resulting in unprecedented fines.
Now that the trend from the US threatens to make its way to the UK (following an initial fine by the Office of Gas and Electricity Markets (Ofgem) and parallel scrutiny from the Financial Conduct Authority (FCA)), this panel will look at lessons to be learned from case studies in the US, including potential updates to policies, procedures, and controls so that you can more effectively manage compliance risk.
- Aaron Stephens, partner (UK), King & Spalding
- Peter Isajiw, partner (US), King & Spalding
12.00 pm – 12.50pm Internal investigations – managing competing interests and stakeholders
- Scope and privilege
- Approach to evidence gathering and interviews
- Decision making and impact on individuals
- Internal reporting and ‘lessons learned’
- Regulatory engagement
- Philip Linton, partner, Ashurst
- Adam Jamieson, partner, Ashurst
- Nicole Garrood, chief compliance officer, Optiver
- Catherine Bellsham-Revell, head of legal – regulatory, Lloyds
- Emma Clancey, EMEA head of employee relations, Goldman Sachs
12.50pm – 1.50pm Lunch
1.50pm – 2.40pm Shams and charades: Lessons learned from abusive litigation against banks
The panel will explore some of the lessons learned and issues arising out of their recent successful defence of a £300m claim against a bank, which was found to have been an abuse of process. The claim was brought by the son of a former customer who had been convicted of defrauding the bank several years earlier in what was then Britain’s largest mortgage fraud. In a judgment handed down in September 2023 following a 5-week Commercial Court trial, Baker J found that the claim brought by the son was an abuse of process which was instigated and controlled by the father and that the trust through which the claim was brought was a sham device designed to hide the father’s beneficial ownership of assets.
Our panellists – the team that represented the successful bank – will delve into some of the key legal and practical issues arising from this fascinating case.
- Tom Dane, partner, CMS
- Vanessa Whitman, partner, CMS
- Neil Kitchener KC, One Essex Court
2.40pm – 3.30pm Collective redress in financial services disputes: an emerging blueprint?
The past year has seen a growth in claims brought under the special regime for competition collective proceedings in the UK – with claims increasingly being formulated as competition claims to benefit from this regime. The panel will discuss some of the recent judgments of the Competition Appeal Tribunal, Court of Appeal and Supreme Court in relation to the certification and funding of proposed class actions. The session will also cover legal trends and the role of expert economists in certification hearings and issues relating to pass-on in the assessment of damages. Finally, the panel will look forward to some of the issues that are likely to arise in the next 12 months.
- Julian Stait, partner, Milbank LLP
- Derek Holt, partner & managing director, AlixPartners
- Daniel Piccinin KC, Brick Court Chambers
- Emma Hogwood, special counsel, Milbank LLP
3.30pm – 3.50pm Coffee Break
3.50pm – 4.25pm Fireside Chat Session – The recent Economic Crime and Corporate Transparency Act 2003 provisions relating to:
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- prevention procedures and compliance and counterparty contractual issues;
- investigation and enforcement risk;
- other overlapping risks: civil litigation and regulatory enforcement.
- Dan Hudson, partner, Seladore
- Chris Coltart KC, 2 Hare Court
- Nick Querée, senior counsel, Slaughter and May
4.25pm – 4.55pm Fireside Chat Session – Transforming culture in financial services – where are we and what next?
The FCA has written extensively on Transforming Culture in financial services in recent years, particularly during 2018-2020. Yet the FCA never sought to prescribe what each firm’s purpose and culture should be via regulations. It did not even seek formal feedback on its two Discussion Papers on the topic, seeking instead to “encourage discussion and start a much larger conversation”.But where did that conversation go (and did it even happen)? With the sector having gone through a pandemic, cost of living crisis and implementation of the FCA’s Consumer Duty since the FCA last wrote about the topic of cultural transformation, the panellists will consider the state of play regarding financial services culture and where we are going from here. The following questions arise: how serious really was the FCA about driving change? Is it now “mission accomplished” from the FCA’s perspective? Has the implementation of the Consumer Duty overtaken the transformation of culture? Does the FCA have bigger fish to fry? What are the legal and regulatory risks for a firm who has cultural shortcomings? How has diversification and innovation in the sector (particularly with the growth of challenger banks and electronic money/payment institutions) transformed culture?
- Michael Jacobs, partner, Boies Schiller Flexner
- Omar Salem, general counsel, Algbra
4.55pm – 5.00pm Closing remarks
- Nathalie Tidman, editor, Legal Business
5.00pm – 6.00pm Drinks and canapes
Speakers
Philip Linton, partner, Ashurst
Philip Linton is a partner in our Disputes & Investigations practice.
Philip joined Ashurst after 12 years at Goldman Sachs, where he was a Managing Director and led the firm’s EMEA Litigation and Contentious Regulatory team. He is a highly regarded and well-known financial services practitioner.
Philip has vast experience, across industry sectors, asset classes and geographies, in managing and advising on disputes, internal and regulatory investigations and related enforcement proceedings.
Philip’s practice has regularly seen him handle high profile and cross-border issues involving equity capital markets, debt capital markets, M&A, FICC and Equities, restructurings, asset management, private wealth management, venture capital, private equity, private credit, real estate investment and investment research.
Adam Jamieson, partner, Ashurst
Adam specialises in advising financial services firms, listed companies and senior individuals involved in internal and regulatory investigations. He has significant experience of representing clients in regulatory enforcement investigations conducted by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA).
Adam previously spent a year on secondment to the FCA’s Enforcement & Market Oversight Division. During his time at the FCA, Adam worked as an investigator on FCA and PRA investigations into both firms and individuals.
Adam has particular experience of investigations relating to: AML and MLRO responsibilities; misleading or failure to notify regulators; whistleblowing; treating customers fairly; shareholder influence; compliance with the listing rules; exchange of commercially sensitive information; the client money rules; transaction reporting; control of inside information and conflicts of interest; capital requirements; oversight of outsourcing arrangements and appointed representatives; culture; and non-financial misconduct.
Adam frequently acts for clients in responding to Section 166 FSMA skilled person reviews, thematic reviews and supervisory visits. He also regularly advises clients on the Senior Managers and Certification Regime, fit and proper assessments, Conduct Rule breach assessments and regulatory notification obligations.
Tom Dane, partner, CMS
Tom leads the CMS Finance Disputes team in London. He has over 20 years’ experience of litigating high value and complex disputes and he is ranked as a leading individual for banking litigation in the legal directories. Tom acts for banks and other financial institutions on a range of contentious matters. He is regularly instructed in relation to both High Court proceedings and international arbitration. He also provides strategic advice in relation to the defence of high volumes of claims pursued via the Financial Ombudsman Service and Courts.
Vanessa Whitman, partner, CMS
Vanessa is a Partner in the CMS Finance Disputes team in London. She is ranked as a ‘Next Generation’ partner for banking litigation in the legal directories. Vanessa is regularly instructed on contentious matters by banks, financial institutions and insolvency professionals. Vanessa has significant experience advising clients how to deal with Serious Fraud Office cases and other fraud related matters, having advised on Britain’s largest mortgage fraud.
Vanessa also has a growing practice specialising in fintech and crypto disputes. She is passionate about improving the mental health of lawyers and leads the CMS Mental Health and Wellbeing Network, regularly speaking on the topic at industry events.
Neil Kitchener KC, One Essex Court
Neil Kitchener KC was called to the bar in 1991 and took silk in 2008. Neil is regularly instructed in the most significant disputes of the day. He has particular expertise in banking and financial services, civil fraud, company (litigation and advisory), life sciences, energy & natural resources, professional liability and arbitration. He is described by Chambers UK as “incredibly hard-working, responsive and always available.”
Aaron Stephens, partner (UK), King & Spalding
Aaron Stephens is an English and US qualified partner in the Special Matters and Government Investigations practice, twice named by Law360 as “White Collar Practice Group of the Year.” He specializes in representing financial institutions, corporate clients and senior individuals in highly sensitive litigation and investigations.
Aaron has advised clients on diverse matters across Europe, North America, Asia, the Middle East and Africa in the banking/financial services, energy, defense, construction & engineering and retail industries. He has a particular focus on anti-corruption, anti-money laundering, market abuse and fraud, and with commentators saying that ‘he understands complex matters and finds practical solutions… he is brilliant, a responsive and reassuring person to have on your side.’ (Chambers UK 2020), and is ‘very easy to communicate with and finds solutions to complex problems’ (Chambers UK 2022).
Aaron has carried out regulatory and white collar investigations and/or defended clients in relation to the UK’s Financial Conduct Authority (FCA), Serious Fraud Office (SFO), National Crime Agency (NCA), Takeover Panel and Lloyd’s of London, as well as in matters involving the DOJ, FBI, CFTC and SEC. He also engages in civil litigation in the English courts, and advises a wide range of corporate clients on risk management and compliance issues.
Peter Isajiw, partner (US), King & Spalding
Peter Isajiw focuses on complex commercial and securities litigation, as well as regulatory enforcement matters and government investigations. He represents corporations, financial institutions, directors, officers, and other individuals in high-stakes litigation involving business disputes, securities laws and regulations, transactional litigation, fraud, breach of contract, corporate governance, and the fiduciary obligations of corporate directors.
The Legal 500 US has recognised Peter as a Key Individual for securities and shareholder litigation, and as an up-and-coming partner for in M&A Litigation: Defense. Peter has also received The Legal 500’s Recognition of Excellence. Super Lawyers has listed him as a top rated business litigation attorney in its New York Metro edition each year since 2014. Both the New York Law Journal and Super Lawyers named him as a Rising Star in 2013.
Peter has also been honored with the Burton Award for Distinguished Legal Writing for his article, ‘Cybersecurity Risks Reviewed: Directors and Officers Must Be Proactive and Prepared’, published in the Bloomberg BNA Corporate Accountability Report.
Sonia Tolaney KC, KC, One Essex Court
Described as “simply the best”, Sonia Tolaney KC is widely regarded as one of the leading commercial silks at the Bar. Sonia has acted in most of the landmark financial disputes of the last decade and is well known for being an “incredibly impressive courtroom advocate” who is “stupendously bright and works stunningly hard”. In recent years, she has been named as Banking Silk of the Year.
Chris Bushell, partner, Herbert Smith Freehills
Chris is a dispute resolution partner at Herbert Smith Freehills.
He is recommended in The Legal 500 UK for banking litigation and commercial litigation, where he is described as ‘an extremely impressive litigator’ and having ‘extensive experience of shareholder claims under FSMA’.
Chris is also Immediate Past President of the London Solicitors Litigation Association (the LSLA), which helps to shape civil justice reform and promote best practice in litigation.
Alison Kellett, partner, Norton Rose Fulbright
Mr Justice Adam Johnson, Judge of the High Court
Mr Justice Adam Johnson qualified as a solicitor at Herbert Smith in 1990. He became a partner in 1997. He was appointed Queen’s Counsel (now King’s Counsel) in 2017 and Deputy High Court Judge in 2018. He became a Judge of the High Court, assigned to the Chancery Division, in 2021.
Amy Vickers-Collins, senior legal counsel, HSBC
Amy is a Senior Legal Counsel in HSBC’s Group Litigation and Regulatory Investigations team., where she manages a wide variety of litigation and regulatory matters for both the retail and investment businesses across multiple jurisdictions.
Saima Hanif, KC, 3VB
Saima Hanif KC is a is a global expert in financial services. Described as someone who “… is quickly becoming the dominant force in FSR [Financial Services Regulation], both domestically and abroad…” (Legal 500) she is listed in the legal directories across the UK, EMEA and Asia Pacific, where she is recognised for her ‘excellent judgement’, being ��technically very gifted’ and her ‘great knowledge of the FS industry.’ She has appeared in a number of high-profile enforcement cases, including Rollet v DFSA (where she obtained a rare privacy order in the Dubai Financial Markets Tribunal) T & I v FCA, where she acted for the claimants in a rare successful judicial review of the FCA, and Tinney v FCA, an Upper Tribunal decision which set a new precedent on penalties. She was retained counsel for the Guernsey Financial Services Commission and has also acted for the PRA and the FSCS. She has represented clients before regulatory bodies in numerous jurisdictions including Hong Kong, Singapore and Dubai. She has a particular expertise in matters at the intersection of financial services and public law. In January 2022, Saima was named in The Lawyer’s Hot 100 list, recognising stand-out excellence in the legal profession.
Elaine Penrose, partner, Hogan Lovells
Gregory Brandman, Eversheds Sutherland
Greg is a partner at Eversheds Sutherland and head of its financial services contentious regulatory practice in the UK. He has spent more than 20 years in private practice and was previously a Manager in the Enforcement Division of the Financial Conduct Authority.
Greg specialises in regulatory investigations. He represents firms and individuals who are under investigation by the FCA and the PRA for misconduct, including systems and controls violations, market abuse, client money/assets failings, mis-selling and conduct rule breaches. Greg also advises on strategic regulatory risk management issues relating to FCA/PRA supervisory visits and processes, section 166 reviews and personal attestations.Greg regularly publishes articles, speaks at conferences and delivers training to clients in relation to financial services regulatory matters, including senior management accountability, conduct risk, governance and culture.
Katherine Harle, partner and head of UK regulatory & investigations, Dentons
Katharine leads Dentons’ UK Regulatory & Investigations team and co-leads the UKIME branch of Dentons Global Compliance & Investigations group. Her own practice is investigations and financial services focused; Katharine advises on all aspects of financial markets and regulatory work with a particular focus on contentious work, governance and conduct and culture. She previously spent nearly five years as an FCA lawyer including working in its Enforcement division and has been involved in many of the most significant regulatory issues over the past 15 years including bank charges, PPI, Keydata, Libor, FX, IRHPs and Woodford.
Michael Jacobs, partner, Boies Schiller Flexner
Omar Salem, general counsel, Algbra
Dan Hudson, partner, Seladore
Chris Coltart, KC, 2 Hare Court
Christopher Coltart KC is Head of Business Crime at 2 Hare Court. He defends in complex high-profile cases, typically brought by the Serious Fraud Office, the Financial Conduct Authority or HMRC. He also represents clients in sports law and other regulatory cases, particularly at the Financial Reporting Council.
Nick Querée, senior counsel, Slaughter and May
Nick Querée is Senior Counsel in Slaughter and May’s Disputes and Investigations Group. His practice focuses on advising major corporate entities and financial institutions in respect of civil and criminal government investigations, litigation and other controversies where allegations of misconduct have been raised. Nick’s recent experience includes acting for Danske Bank in relation to investigations by US and Danish criminal and regulatory authorities regarding issues arising out of its former Estonian branch, and Glencore in connection with its US$1 billion global resolution with the SFO, US and Brazilian authorities.
Julian Stait, partner, Milbank LLP
Julian Stait is head of the London Litigation and Arbitration team based in London. Julian is recognised as one of Europe’s leading dispute resolution lawyers in the main legal directories. He was named as the leading litigator in Europe at The American Lawyer’s 2015 Transatlantic Legal Awards and is ranked in the following areas in the leading legal directories: Banking Litigation; Commercial and Transactions Litigation; Competition/Antitrust Litigation; IT Litigation; and Telecommunications Litigation. He is also ranked as a ‘Dispute Resolution Star’ in Benchmark Litigation (Europe) and has been admitted to the Legal 500’s ‘Hall of Fame’ for Premium Commercial Litigation. Julian specialises in the resolution of large, high-stakes and complex business and regulatory disputes. He has extensive experience of litigation before the English Courts (up to and including the Supreme Court), the resolution of complaints, disputes and investigations before a number of regulatory authorities, international arbitration under the auspices of many of the major institutional rules, expert determination and other forms of ADR. He has acted in a number of high-profile competition/antitrust cases and investigations; major cross-border investigations, particularly those in the financial services sector; complex banking disputes; major fraud litigation; some of the largest and leading technology, outsourcing and communications cases to come before the English Courts; as well as other high-profile business disputes.
Derek Holt, partner & managing director, AlixPartners
Derek is an economist with over 25 years’ experience in competition and regulatory matters. He has testified before the High Court, the CAT and other courts in many leading competition matters concerning abuse of dominance, quantification of anti-trust damages and the competitive effects of horizontal and vertical agreements. Among the recent high-profile competition litigation matters he has acted on include the interchange fee and ATM litigation before the CAT on behalf of Visa, for Citi in relation to FX claims, and for a European bank in relation to an investigation regarding SSA bonds. He acts as the expert in several collective actions (for either claimant or defendants) in payments, digital, energy, rail, water and musical instrument sectors. Derek was recently commended in Global Competition Review’s Who’s Who Legal Competition as “an extremely assured and able expert with excellent judgement”, who “excels at testifying in major competition litigation” and as “well versed in providing expert counsel on abuse of dominance and market investigation proceedings.”
Daniel Piccinin KC, Brick Court Chambers
Daniel Piccinin KC is a barrister at Brick Court Chambers, specialising in competition litigation. He has acted in many of the leading competition cases over the years, including complex financial sector investigations and claims, such as the Euribor cartel in the EU Courts, and the Forex, interchange fee and ATM fee claims in the High Court and Competition Appeal Tribunal.
Emma Hogwood, special counsel, Milbank LLP
Emma Hogwood is a special counsel in Milbank’s litigation and arbitration group, and specialises in complex commercial dispute resolution, with a strong focus on competition/antitrust disputes. She has extensive experience of high-value litigation before the English courts (up to and including the Supreme Court), international arbitration, mediation and the resolution of investigations before regulatory authorities. Emma has acted in a broad range of domestic and international commercial matters, including disputes relating to competition law, technology, outsourcing and communications, infrastructure projects, banking and civil fraud. She also acted in one of the largest technology and communications cases to come before the English courts.
Nicola Garrood, chief compliance officer, Optiver
Nicola is the Global Chief Compliance Officer at Optiver and has more than 20 years of experience in various Compliance roles. Nicola has previously been the Managing Director and Head of EMEA Equities Compliance at Goldman Sachs
Catherine Bellsham-Revell, head of legal - regulatory, Lloyds
Catherine qualified as a solicitor with Clifford Chance in 2000 into the contentious practice area. During her time with Clifford Chance she worked in both Paris and Dubai. After 10 years in private practice she moved to the then FSA enforcement division spending time in retail, unauthorised business and the litigation and legal review function. Catherine then joined Morgan Stanley to lead conduct investigation work and then joined Lloyds in 2017 as Head of Contentious Regulatory.
Emma Clancey, EMEA head of employee relations, Goldman Sachs
Emma Clancey is the EMEA Head of Employee Relations in the Human Capital Management Division at Goldman Sachs. Emma previously worked in the Employment Law Group in the Legal Division at Goldman Sachs. Prior to joining Goldman Sachs, Emma was an Employment Lawyer at Herbert Smith Freehills LLP.
In association with...
3VB is one of the leading financial services sets in London. Consistently listed in both Legal 500 and Chambers & Partners as a Band 1 set, members of Chambers have a wealth of expertise in this area, encompassing private litigation, contentious regulatory work and judicial review.
Members of Chambers act for and against financial institutions, financial regulators, and private clients worldwide, in connection with a full range of financial services matters, including banking and insurance, Part VII FSMA transfers, investment business, money laundering, consumer credit and enforcement activity.
One Essex Court is a pre-eminent set of London barristers’ chambers right at the very top of the commercial litigation and disputes market. Our principle areas of practice include, banking and financial services; civil fraud and investigations; company and insolvency law, including shareholder and joint venture disputes and restructuring matters; competition and cartel damages claims; group and class actions; energy, oil, gas and renewables work; intellectual property disputes; construction and infrastructure project disputes; professional discipline claims; and tax law. Barristers at One Essex Court are often instructed in the most complex and high-value cases passing through the courts. The depth of quality and expertise available in Chambers regularly leads to members acting for multiple parties in large scale commercial and financial disputes.
With over 70 offices in 44 countries and with over 5,000 lawyers worldwide, CMS is one of the largest law firms in the world.
The UK banking and financial services teams comprise over 200 lawyers based in offices across London, Manchester, Bristol, Aberdeen and Edinburgh. The specialist financial services disputes team handles all levels of disputes from high-value fraud and mis-selling claims, to BAU recoveries and customer complaints.
Our ambition has always been to lead the field, to be ahead of our time, and to inspire change. Through our 200-year history, taking a progressive stance on the issues of our time has been a constant thread, every step of the way. And this thread continues to run through our global firm.
Ashurst has 31 offices in 18 countries and offers the reach and insight of a global network of legal, new law and risk professionals, combined with the knowledge and understanding of local markets. With over 450 partners and a further 1,800 lawyers working across 11 different time zones, the firm is able to respond to clients wherever and whenever required.
Our market leading specialist advisory teams are focused on delivering strategic innovative solutions to our clients’ most complex business critical challenges, we have leading expertise in disputes, investigations, employment, competition, intellectual property, international arbitration and tax. Our team operates from the UK, Continental Europe, The Middle East, Asia and Australia.
As a global team, Ashurst has a reputation for successfully managing large and complex multi-jurisdictional disputes, transactions and projects and delivering outstanding outcomes for clients.
What sets us apart is our people and how we work together; with our clients and one another, we share a strong desire to succeed.
King & Spalding helps leading companies advance complex business interests in more than 160 countries. Working across a highly integrated platform of more than 1,300 lawyers in 23 offices globally, we deliver tailored commercial solutions through world-class offerings and an uncompromising approach to quality and service.
Milbank LLP is a leading international law firm that provides innovative legal services to clients around the world. Founded in New York over 150 years ago, Milbank has offices in Beijing, Frankfurt, Hong Kong, London, Los Angeles, Munich, São Paulo, Seoul, Singapore, Tokyo and Washington, DC. Our business is focused on providing the world’s leading financial institutions, corporations and governments with the highest quality advice on high-end, complex matters. Much of our business is international in nature, and we have offices around the world with long-standing and strong relationships with leading law firms in jurisdictions where we do not have an office. Our partners are hands-on lawyers and not just managers or marketers. We operate in lean, well-managed teams which are fully integrated across offices and practice areas providing first class legal advice across borders efficiently and cost effectively. We combine this integration with technical excellence, genuine sector expertise and a strong tradition of innovation and client service.
Seladore Legal is a disputes-only law-firm specialising in complex commercial litigation, international arbitration, and civil fraud. Founded by former Herbert Smith and Latham & Watkins practice head Simon Bushell in 2019, Seladore’s partnership comprises some of London’s most senior and knowledgeable litigators, with experience of the biggest civil fraud, white-collar and regulatory cases of recent years. Seladore featured in the most recent UK Legal 500 guide which described the boutique firm as being “of the highest calibre…feared and respected by opponents”.
Boies Schiller Flexner LLP (www.bsfllp.com) is a firm of internationally recognized trial lawyers, crisis managers, and strategic advisers known for creative, aggressive, and efficient pursuit of success for clients. Our attorneys have an established track record of winning complex, ground-breaking, and cross-border matters in diverse circumstances and industries for many of the world’s most sophisticated companies.