WOMEN IN BUSINESS LAW

27 years , e xpe rience

WOMEN INBUSINESS LAW

FEATURES BY: LAURA PIERALLINISTUDIO PIERALLINI

MARIA SAGRADO, BUDHY APRIASTUTI EVITA,RAHEL OLIVIA MANURUNGMAKARIM & TAIRA S.

SARAH BISERFOX ROTHSCHILD

FITRIANA MAHIDDINSSEK LEGAL CONSULTANTS

JULIE MURPHY-O’CONNOR,TARA DOYLEMATHESON

ANA CAROLINA LOURENÇO,FILIPE MODESTO, SÁVIO ANDRADEMACHADO MEYER

VAISHALI MITTALANAND AND ANAND

LAURA COLLADADUMONT

SYLVIE GALLAGE-ALWISSIGNATURE LITIGATION

NAFISA NIHMATZHONG LUN LAW FIRM

PERNILLE BIGAARD, ANDERS ØRSKOV MELBALLE,LOUISE KRARUP SIMONSENSKAU REIPURTH & PARTNERE

ANN FENECHFENECH & FENECHADVOCATES

KASHIMANA TSUMBAFOUNDATION CHAMBERS

MOJISOLA JAIYE-GBENLE,JULIANA OKEKEFOUNDATION CHAMBERS

TRACY HO, KARINA WONGEY

CECILIA FALCONI PÉREZ,ANGELINA GALLETTIFALCONI PUIG ABOGADOS

WHAT’S INSIDE?

WOMEN IN BUSINESS LAW EXPERTGUIDES 1

CONTENTS

Research managerTatiana HlivkaProject managersKaty HealesAhmed HadiProduction managerLuca ErcolaniProduction editorJosh PasanisiManaging Director, Accreditation &Marketing Services, NextGenGuy CooperCEO, NextGenIsaac ShowmanCEO, Financial & Professional ServicesJeff Davis

To order extra copies or reprints please contact:Tatiana HlivkaExpert GuidesLegal Media Group8 Bouverie StreetLondon EC4Y 8AXUnited KingdomTel: (44) 20 7779 8418Email: [email protected] £85© Euromoney Trading Limited September 2021

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Directors: Leslie Van De Walle (Chairman), AndrewRashbass (CEO), Wendy Pallot, Jan Babiak, ColinDay, Imogen Joss, Lorna Tilbian, Tim Pennington

Cover image © stockphoto-graf/stock.adobe.com

The Queen’s Award for Enterprise 2008

METHODOLOGY 2AVIATION 4

BANKING AND FINANCE 11CAPITAL MARKETS 29

COMMERCIAL ARBITRATION 33COMPETITION AND ANTITRUST 45

CONSTRUCTION 55CORPORATE GOVERNANCE 59

CORPORATE/M&A 63ENERGY AND NATURAL RESOURCES 73

ENVIRONMENT 81FINANCIAL SERVICES REGULATORY 86INSURANCE AND REINSURANCE 88

INTERNATIONAL TRADE 95INVESTMENT FUNDS 99

LABOUR AND EMPLOYMENT 110L IFE SCIENCES 119L IT IGATION 124PATENTS 133

PRIVACY AND DATA PROTECTION 145PRIVATE EQUITY 149

PRODUCT L IABIL ITY 152PROJECT FINANCE 158

REAL ESTATE 162RESTRUCTURING AND INSOLVENCY 168

SHIPPING AND MARITIME 179STRUCTURED FINANCE AND SECURITISATION 194

TAX 197TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS 212

TRADEMARKS/COPYRIGHTS 220TRANSFER PRICING 234TRUSTS AND ESTATES 238WHITE COLLAR CRIME 244

EXPERTGUIDEST H E W O R L D ’ S L E A D I N G L A W Y E R S C H O S E N B Y T H E I R P E E R S

WOMEN IN BUSINESS LAW

2 EXPERTGUIDES WOMEN IN BUSINESS LAW

METHODOLOGY

EXPERT GUIDESRESEARCH

Expert Guides has been researching the world’slegal markets for over 27 years, and has becomeone of the most trusted resources for internationalbuyers of legal services.

Our guides cover a broad – and growing – rangeof legal practice areas, including:

AviationBanking, finance and transactionalCommercial arbitrationCompetition and antitrustConstruction and real estateEnergy and environmentInsurance and reinsuranceInternational trade and shippingLabour and employmentLife sciencesLitigation and product liabilityPatentsPrivacy and data protectionRising starsTaxTechnology, media and telecommunicationsTrade markTransfer pricingTrusts and estatesWhite collar crimeWomen in business law

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Each guide is also reprinted in full atwww.expertguides.com

Welcome to the 2021 Guide to the World’s Leading Women in Business Law, the internationallegal market’s leading guide to the top female legal practitioners advising on business law.

The inaugural edition in 2010 was met with an overwhelmingly positive response from the fe-male business community endorsing the idea of a guide devoted exclusively to the best femalepractitioners globally. The Women in Business Law, is one of the prolific Expert Guides publica-tions and clearly the benchmark in the industry.

The idea to promote and celebrate successful women in the legal industry was our initiative andthe Expert Guides brand is unique among it’s competitiors due to a solid reputation over 27years.

When first published in 1994, the Expert Guides were the first-ever guides dedicated to leadingindividuals in the legal industry. Since then we have continued to focus on individuals consid-ered by clients and peers to be the best in their field.

The guides for each practice area are updated regularly. Our research process involves sendingquestionnaires to senior practitioners or in-house counsel involved in each practice area in over90 jurisdictions, asking them to nominate leading practitioners based on their work and reputa-tion. The results are analysed and screened for firm, network and alliance bias. The list of ex-perts is then discussed and refined with advisers in legal centres worldwide.

Our researchers have compiled a list of specialists in 89 jurisdictions and 32 practice areas forthis guide. These specialists have been independently offered the opportunity to enhance theirlisting with a professional biography. The biographies give readers valuable, detailed informa-tion regarding each lawyer/adviser’s practice and, if appropriate, their work and clients.

We owe the success of this guide to all the in-house counsel and firms that completed question-naires and met our researchers. Thank you. We hope you find the guide to be a useful tool. Allinformation was believed to be correct at the time of going to press.

The Research Team

Methodology


SPONSOR FIRMS

Sponsors and contributing firms



AV I AT I ON

Feature for:

Italy, by Laura Pierallini of Studio Pierallini 5


THOUGHT LEADERSHIP AVIATION

AV I AT I ON

Age-based restrictions for pilots andcrew gender equality – overview ofrecent discrimination issues in theaviation sectorLaura Pierallini Studio PieralliniRome

On 13 April 2021 the Italian Supreme Court issued the Judgment No.9662/2021 on a case concerning the legitimacy of an Italian nationalmeasure setting special age restrictions for aircraft pilots involved innational intelligence operations.In particular, the case was brought to the attention of the Italian

Supreme Court by a pilot employed by an aviation company operatingin the field of national intelligence, whose employment contract wasautomatically terminated upon reaching the age of 60 years pursuant tothe provisions of the Presidential Decree dated 9 September 2008. Thereason for the dispute is that the retirement age for commercial airlinepilots in Italy is set at 65 years (under Regulation 1178/2011) and ac-cordingly the applicant, given that the company in question is formallyregistered as a civil aviation company, considered the above Regulationalso applicable to his case while the age limit set for national intelligencepilots as an age-based discrimination incompatible with the EU law.On this last point, the Italian Supreme Court made a request for a

preliminary ruling to the Court of Justice of the European Union,pursuant to Article 267 of the Treaty on the Functioning of the Euro-pean Union, asking if the national measure was compatible with theEU anti-discrimination legislation or otherwise.The European Court of Justice ruled on the point with the Judg-

ment No. C-396/18 dated 7 November 2019, concluding that the Ital-ian Presidential Decree dated 9 September 2008 complied with theprovisions set out by the anti-discrimination Directive 2000/78/EC,both with reference to Article 5.2, considering the measure to be com-patible with the need for public security (“[…] measures aimed atavoiding aviation accidents by verifying thepilot’s physical fitness so that human error can-not be the cause of such accidents, undeniablyconstitute measures suitable for ensuring publicsafety”, paragraph 47), and with Article 4.1,being the age requirement a determining oc-cupational requirement (“[…] a difference oftreatment based on a particular characteristicshall not constitute discrimination where, byreason of the nature of the work or the contextin which it is carried out, such a characteristicconstitutes an essential and determining occu-pational requirement, provided that the aim islegitimate and the requirement is proportion-ate”, paragraph 10).

Once determined the measure introduced by the Italian Presiden-tial Decree dated 9 September 2008 to be in compliance with the anti-discrimination Directive 2000/78/EC “provided that the aim islegitimate and the requirement is proportionate”, the EU Court of Jus-tice left the decision on whether the measure was necessary and pro-portionate to the Italian Supreme Court. The latter ruled in favor ofthe proportionality of the measure, given that reaching the age of 60years is the strict limit for the performance of flight activities by air-

craft pilots involved in national intelligenceoperations under the Italian legal framework.The Court also relied on its own case law toreject the applicant’s theory according towhich the normal rules governing the retire-ment age of airline pilots were applicable, inparticular by referring to its Judgments No.7297/1998, No. 10882/2001 and No.15366/2002 in which it was largely establishedthat, having passed the age of 60 years, evencommercial airline pilots can continue toserve as pilots only if they are part of a crewmade up of younger colleagues (a circum-stance which, obviously, does not suit na-tional intelligence operations).

“AVIATION AUTHORITIESAND INTERNATIONAL

INSTITUTIONS HAVE BEENDEALING FOR A LONGTIME ON THE NEED TOENSURE PERSONNEL

GENDER EQUALITY IN THEAIR TRANSPORTINDUSTRY”


AVIATION THOUGHT LEADERSHIP

Having ascertained that there has been no discrimination in thiscase, it should be noted that in the civil aviation sector there are othertypes of discrimination, first of all an atavic foreclosure againstwomen. International authorities and institutions have been deeplyreflecting for a long time on the need to ensure personnel genderequality in the global air transport and aviation industry. According the Society of Women Engineers (SWE), a group that

focuses on supporting women in engineering and technology, onlyabout 13% of engineers are females, which is still higher than the per-centage of women in commercial pilot roles (5% according to the USFederal Aviation Administration). As it is clear, the above is nowherenear the parity to which the industry aspires.The two main reasons which led to the above scenario are the lack

of incentive in the school environment which do not effectively guidefemale students toward pursuing engineering and aviation ambitionsand, mostly, the often-hostile corporate culture full of bias and genderstereotypes.A first important step was taken with the Resolution No. A39-30

adopted at the 39th session of the ICAO Assembly in autumn 2016(“ICAO Gender Equality Programme promoting the participation ofwomen in the global aviation sector”) which committed “to enhancinggender equality and the advancement of women’s development by sup-porting UN Sustainable Development Goal 5 (Achieve gender equalityand empower all women and girls) including by aiming to achieve an as-pirational goal of 50-50 (women-men) by 2030 at all professional andhigher levels of employment in the global aviation sector”.In its Resolution No. A39-30, the Assembly urged States, regional

and international aviation organizations and the international avia-tion industry “to demonstrate strong, determined leadership and com-mitment to advance women’s rights and to take the necessary measures to

strengthen gender equality” by supporting policies, as well as the estab-lishment and improvement of programmes and projects, to supportwomen’s careers within ICAO’s governing and technical bodies, theICAO Secretariat and the global aviation sector.Within the framework of the above Resolution, ICAO recently an-

nounced that a new initiative on “Air Transport Gender Equality” willbe developed. This initiative includes a cooperation between ICAO,the International Labour Organization (ILO) and the UNESCO andwill include the establishment of air transport gender indicatorsthrough the collection of workforce statistics (to be provided on a vol-untary basis from States). It is an initiative focusing on short, medium and long-term goals.

In the short term, ICAO aims to the progressive creation of an onlineplatform for sharing data on workforce statistics, necessary to get thefull picture of the situation and to better identify gaps in personnelplanning and training and gender inequality. In the medium-longterm, thanks to the information and statistics collected, through regu-larly updated studies and publications it will be possible to provideguidelines for decision makers to create and to invest in more oppor-tunities for gender equal employment and training in the global avia-tion industry. To date, also thanks to the joint effort of ICAO, ILO and several

UN agencies, something is moving forward: some of the most impor-tant worldwide airlines are taking action to reduce gender inequali-ties in their business activity (for instance, British Airways areensuring that gender equality is one of their central aims in promot-ing diversity among leadership positions). Nevertheless, much re-mains to be done in order to achieve as soon as possible what is, to allintents and purposes, one of the most important and urgent chal-lenges in our sector.

AV I AT I ON


ATTORNEY BIOGRAPHIES AVIATION

Yvonne is a partner in the Finance and Capital Markets Departmentand advises on all aspects of aviation, shipping, rail and other assetfinancing, trading and leasing matters on a daily basis. Yvonne hasgained considerable experience in advising on all aspects of thestructuring of asset purchase, sale, financing and leasing transactionsand acts for a number of aircraft lessors, financiers and airlines inleveraged, syndicated and export credit agency backed financingfacilities. Yvonne also has considerable experience in advising onstructured finance, ABS (asset-backed securities) and repackagingtransactions relating to all such asset classes including theestablishment of special purpose companies funded by public andprivate issuances.

Yvonne has significant experience in advising on all aspects of the CapeTown Convention and in addition regularly provides advice onregistration issues with the Irish Aviation Authority.

Yvonne is also a lecturer and tutor on the Law Society of Ireland’sCertificate and Diploma courses in Aviation Leasing and Finance.

Experience Highlights• Advised and acted as Irish counsel in connection with the US$ 585million ABS of a portfolio of 21 aircraft to be leased to 15commercial airlines located in 12 countries.

• Acted as Irish counsel to the lender parties in respect of a US$250million revolving credit facility secured by the portfolio of loansmade to various aircraft lessors.

• Advised on the issuance of $1.21 billion secured notes and acted asIrish counsel in connection with the acquisition of a portfolio of 48aircraft with leases attached.

• Advised on the issuance of more than $916 million secured notes inrespect of the acquisition of 52 aircraft and 1 aircraft engine.

• Advised on the issuance of more than $713 million secured notes inrespect of the acquisition of 54 aircraft and 6 aircraft engines.

• Acted as Irish counsel to the sole structuring agent and jointbookrunner on a US$250.8 million ABS of a portfolio of 18 narrowbodied aircraft.

• Advised on the issuance of $640 million secured notes inconnection with the securitisation of a portfolio of over 30 aircraft.

• Acted for an aircraft leasing company on the European exportcredit agency backed financing of a portfolio of 30 SuperJet 100aircraft.

• Advised an aircraft leasing company on the export credit agencysupported financing of a number of Airbus A320-200 aircraft.

• Acts for leading international financial institutions in the provisionof facilities to Irish companies for the acquisition of Airbus andBoeing aircraft.

• Advises on the establishment of numerous orphan and SPV structuresto finance a variety of assets including aircraft and helicopters.

Yvonne McWeeneyMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2722Email: [email protected]: www.matheson.com

I R E L A N D

Laura Pierallini is the founder and name partner of the Italian aviationlaw firm Studio Pierallini.

She spent several years in the legal and tax department of ArthurAndersen and then she was the managing partner of the internationallaw firm Coudert Brothers in Rome from 2001 to 2005.

She is a professor of Commercial Law and Contracts Law at the LUISSUniversity of Rome.

Ms Pierallini has practised aviation law since 1988, providing expertadvice to clients across the whole of the international aviation sector,including aircraft finance and leasing, M&A, anti-trust and regulatory,litigation and dispute resolution, insolvency and restructuring,employment and corporate matters. Her clientele includes, among theothers, Italian and foreign airlines, private operators, manufacturers,lessors, financiers, airports, handlers and travel agents.

Ms Pierallini has been awarded as Italian Lawyer of the Year inTransport Law by TopLegal Industry Awards 2021.

She has also been recognised Global Elite Thought Leader 2018-2021(aviation regulatory) and Recommended Global Lawyer 2018-2020(aviation regulatory, aviation contentious, aviation finance) by Who’sWho Legal, as well as Best Aviation Lawyer for Italy by Client ChoiceAwards 2020. She was also repeatedly shortlisted as Best AviationLawyer for the Europe Women in Business Law Awards (2015 to 2019).

Ms Pierallini regularly attends and organises conferences on airtransport, delivering speeches and moderating panels at various Italianand international symposia, in particular organised by IATA, EALA,EAC, IBA, EBAA and LUISS.

She is a committee member of the European Air Law Association anda member of the International Aviation Womens Association and theEuropean Aviation Club.

She is also author of many national and international publications onaviation, tourism and commercial law.

Laura PieralliniStudio PieralliniViale Liegi 28Rome 00198ItalyTel: (39) 06 8841713;

(39) 06 45508701 (direct)Email: [email protected]: www.studiopierallini.it

I TA L Y


AVIATION EXPERT LISTINGS

A RG EN T I N AElizabeth M FreidenbergFreidenberg Freidenberg & LifsicBuenos Aires

AU S T R I AVeronika KozakDr Veronika KozakVienna

B E L G I UMCatherine ErkelensErkelens LawBrussels

Birgitta Van ItterbeekGDS AdvocatenAntwerp

B E RMU DAJulie E McLeanConyers Dill & PearmanHamilton

B R A Z I LAna Luisa Castro Cunha DerenussonDe Luca Derenusson SchuttoffAdvogadosSão Paulo

Marcela Alves CorrêaVeirano AdvogadosRio de Janeiro

Simone Di CieroDi Ciero AdvogadosRio de Janeiro

Regina Mangabeira Albernaz LynchMotta Fernandes AdvogadosSão Paulo

Carla Christina SchnappBernardi & Schnapp AdvogadosSão Paulo

Rita TalibaTaliba e AdvogadosSão Paulo

B R I T I S HV I R G I NI S L A N D SAudrey M RobertsonConyers Dill & PearmanRoad Town

B U L G A R I ARaina DimitrovaBoyanov & CoSofia

C ANADAAuriol MarascoBlake Cassels & GraydonToronto

Catherine PawluchDLA PiperToronto

Laura M Safran QCDLA PiperCalgary

C H I N AYvonne HoAllen & OveryBeijing

Judy TanJunZeJun Law OfficesGuangzhou

Ling WangKing & Wood MallesonsBeijing

Shu WangHan Kun Law OfficesBeijing

CO S TA R I C AAlina NassarNassar AbogadosSan José

F R AN C EMaylis Casati-OllierClyde & CoParis

Vonnick Le GuillouDLA PiperParis

Carole SportesSquire Patton BoggsParis

G E RMAN YKatja H BreckeArnecke Sibeth DabelsteinFrankfurt am Main

Claudia HessUrwantschky Dangel BorstNeu-Ulm

HONG KONGS A RSarah CatchpoleKennedysHong Kong

Katherine KeKing & Wood MallesonsHong Kong

Evelyn W J LokMayer BrownHong Kong

Danielle RomanMourantHong Kong

Ashley WongKing & Wood MallesonsHong Kong

I N D I AMarylou BilawalaWadia Ghandy & CoMumbai


EXPERT LISTINGS AVIATION

I N DON E S I AEnny Purnomo WidhyaMochtar Karuwin KomarJakarta

I R E L A N DCatherine DeaneMcCann FitzGeraldDublin

Hilary MarrenMcCann FitzGeraldDublin

Yvonne McWeeney See bioMathesonDublin

Marie O’BrienA&L GoodbodyDublin

Christine O’DonovanMason Hayes & CurranDublin

Georgina O’RiordanMcCann FitzgeraldDublin

Mary WardWilliam FryDublin

I S R A E LShirly KazirFBC & CoTel Aviv

I TA L YLaura Pierallini See bioStudio PieralliniRome

MA L AY S I AShelina Razaly WahiAbdullah Chan & CoKuala Lumpur

Jia Hui YipMah-Kamariyah & Philip KohKuala Lumpur

M E X I C OViridiana BarquínAbogados SierraMexico City

PANAMACristina Lewis de la GuardiaGalindo Arias & LópezPanama City

P E R UMaría Eugenia YábarEstudio OlaecheaLima

R U S S I AAnna OtkinaDLA PiperMoscow

S I N G A PO R EPeng LimKennedysSingapore

Anita QuyKennedysSingapore

Kate SeatonHFWSingapore

S O U T H A F R I C AHeather MansonBowmansJohannesburg

S O U T H K O R E AH.K. Helen SohnLee & KoSeoul

S PA I NInmaculada Martínez CaballeroAeroiuris AbogadosMadrid

TA IWANPatricia LinLee and LiTaipei

T U R K E YFulya DikiciDikici Law OfficeIstanbul

Serap ZuvinÇakmak Avukatlık OrtaklığıIstanbul

UN I T E DK I N G DOMDonna AgerMaples GroupLondon

Anna AnatolitouInceLondon

Gillie BelshamInceLondon

Shalini BhucharHogan LovellsLondon

Maria CettaClyde & CoLondon

Sarah DykeDentonsLondon

Debra ErniPillsbury Winthrop Shaw PittmanLondon

Rebecca GarnerStephenson HarwoodLondon


AVIATION EXPERT LISTINGS

Emma GiddingsNorton Rose FulbrightLondon

Victoria KoobHolland & KnightLondon

Noelia MannKennedysLondon

Gwyn O’FlynnHolland & KnightLondon

Aoife O’SullivanThe Air Law FirmLondon

Jahnavi RamachandranHerbert Smith FreehillsLondon

Alexandra RodinaKennedysLondon

Catherine WestClyde & CoLondon

UN I T E D S TAT E SAileen CamachoHFWHouston/London

Dorothea M CaponeBaumeister & SamuelsNew York

Mehtap Cevher ContiHogan LovellsNew York

Elizabeth H EvansK&L GatesNew York

Eileen M GleimerCrowell & MoringWashington DC

Pamela C HicksHicks Davis WynnHouston

Robin D JensonDaugherty Fowler Peregrin Haught &JensonOklahoma City

Patricia C MastropierroHaynes and BooneDallas/Mexico City

Freyda MechlowicMilbankNew York

Madalyn MillerClifford ChanceNew York

Anita M MosnerHolland & KnightWashington DC

Sarah G PasseriHolland & KnightNew York/Charlotte

Theresa Mary PeytonVedder PriceChicago

Katherine B PosnerCondon & ForsythNew York

Evelyn D SahrEckert Seamans Cherin & MellottWashington DC

Katherine A StatonJackson WalkerDallas

Audrey L SungHolland & KnightSan Francisco

Jennifer TrockBaker McKenzieWashington DC

Erin M Van LaanenMcAfee & TaftOklahoma City

Alyssa Marie VazquezNorton Rose FulbrightNew York

Diane Westwood WilsonFox RothschildNew York

Emily WickerClifford ChanceNew York



B AN K I NG AN D F I N AN C E

Feature for:

Indonesia, by Maria Sagrado, Budhy Apriastuti Evita, Rahel Olivia Manurung of Makarim & Taira S. 12


BANKING AND FINANCE THOUGHT LEADERSHIP


The Implementing Regulation of thePayment Systems Regulation:Payment Services ProvidersMaria Sagrado (pictured), Budhy Apriastuti Evita, Rahel Olivia ManurungMakarim & Taira S.Jakarta

Following the issuance of Bank Indonesia Regulation No.22/23/PBI/2020 on Payment Systems (“Payment Systems Regula-tion”) on 30 December 2020 which came into force on 1 July 2021that serves as an “umbrella” regulation that provides a regulatoryframework for the Indonesian payment systems industry, this advi-sory discusses what follows the Payment Systems Regulation, that isone of the two newly issued implementing regulations of the Pay-ment Systems Regulation, ie. Bank Indonesia Regulation No.23/6/PBI/2021 on Payment Services Providers (Penyedia Jasa Pemba-yaran─ “PJP”) which was issued and came into force on 1 July 2021(“PBI PJP”).As discussed in the Advisory on the Payment Systems Regulation,

the Payment Systems Regulation classifies payment systems servicesproviders into two main categories: (i) PJP, which further regulatedunder the PBI PJP; and (ii) Payment System Infrastructure Providers(Penyelenggara Infrastruktur Sistem Pembayaran─ “PIP”), which fur-ther regulated under Bank Indonesia Regulation No. 23/7/PBI/2021on PIP. Upon this classification, the following types of licensed pay-ment system services providers are now categorized as PJPs and theyare subject to the PBI PJP:1. Payment Gateway Providers;2. E-Wallet Providers;3. E-Money Issuers;4. Issuers and Acquirers of Debit Cards and Credit Cards; and5. Fund Remittance Operators. This PBI PJP has 276 Articles in 11 chapters covering various top-

ics, and it revokes the following regulations and provisions:1. Bank Indonesia Regulation No.11/11/PBI/2009 on the Organization ofCard-Based Payment Instrument Activitiesand its amendment;

2. Bank Indonesia RegulationNo.18/40/PBI/2016 on the Organization ofthe Processing of Payment Transactions;

3. Bank Indonesia Regulation No.19/12/PBI/2017 on the Organization of Fi-nancial Technology;

4. Bank Indonesia Regulation 20/6/PBI/2018on Electronic Money;

5. the provisions on the arrangement and su-pervision of payment systems of Bank In-donesia Regulation No. 18/9/PBI/2016 on

the Arrangement and Supervision of Payment Systems and theManagement of the Rupiah Currency; and

6. the provisions on licensing of Bank Indonesia Regulation No.14/23/PBI/2012 on Fund Remittance. Other than the licensing pro-visions, fund remittance operators are still subject to this Bank In-donesia regulation on Fund Remittance.Meanwhile, the implementing regulations of the regulations num-

ber 1. to 4. above remain in effect until 30 June 2022 as long as theyare not contrary to the PBI PJP.Given the broad scope of the PBI PJP, this advisory only fo-

cuses on the scope of activities of PJPs, thelicensing requirements, the ongoing capi-tal, the single ownership policy and restric-tions on corporate actions, particularly therequirements which apply to non-bank en-tity PJPs.

The scope of activities of Pjps

Upon the issuance of the Payment SystemsRegulation, the structure of the payments sys-tems industry changed from an institution-based approach to an activity and risk-basedapproach. PBI PJP introduces the followingcomplete scope of activities of PJPs:

“FOREIGN PARTIES AREONLY ALLOWED TOHOLD UP TO 49% OFTHE SHARES WITHVOTING RIGHTS”


THOUGHT LEADERSHIP BANKING AND FINANCE


Scope of Activities Remarks

Providing sources of funds information This activity includes the provision of information aboutsources of funds for initiating payments with the users’ consent,which is conducted through cooperation and/or a connectionwith a PJP administering sources of funds or other PJPs deter-mined by Bank Indonesia.

Initiating payments and/or acquiring services This activity includes forwarding payment transactions, whichincludes the following:

1. forwarding orders and instructions to move funds throughtools, media and/or sets of procedures using certain methodsor technology in the payment transactions; and/or

2. forwarding payment-transaction data in the form of instru-ment data, payment-transaction amount data and other pay-ment-transaction data.

In forwarding payment transactions, PJPs may:

1. store data on sources of funds and/or access to sources offunds including providing a platform to facilitate users tostore data on sources of funds and/or access to sources offunds;

2. process payment transactions through the use of various in-struments;

3. acquire the providers of goods and/or services; 4. make advance payments to providers of goods and/or ser-vices; and/or

5. forward funds (disbursements) to providers of goods and/orservices.

Administering sources of funds This activity includes administering accounts for sources offunds and executing the authorization of payment transactions.

The executing the authorization of payment transactions are ap-proval for a transaction after the relevant payment transactiondata has been forwarded through the following methods:

1. the verification or authentication of the identities of the own-ers of the sources of funds that conduct payment transac-tions;

2. the validation of access to sources of funds and paymenttransactions; and

3. ensuring the adequacy of the sources of funds.

Fund Remittance services This activity includes accepting and executing fund remittanceinstructions where the sources of funds do not originate fromaccounts administered by the fund remittance operators.




The licensing requirements

1. License CategoriesTo engage in the above PJP activities, both new players and existing li-censed payment system services providers must first obtain a PJP license.

Bank Indonesia issues 3 categories of PJP licenses depending on theactivities of the PJP. A PJP License allows the PJP to engage in severalactivities, as long as the activities are in the same category. The licensecategory determines the minimum paid up capital (initial capital)that the PJP must have as shown in the table below.

License Category One License Category Two License Category Three

Providing sources of funds information Providing sources of funds information Fund remittance services

Initiating payments and/or acquiringservices

Initiating payments and/or acquiringservices

Other activities determined by Bank In-donesia

Administering sources of funds

Fund remittance services

Paid Up Capital(Initial Capital) forLicense CategoryOne

Paid Up Capital(Initial Capital) forLicense CategoryTwo

Paid Up Capital (Initial Capital) for LicenseCategory Three

IDR15 Billion (approx.USD1,034,482.761)

IDR5 Billion (approx.USD344,827.59)

If providing a system forother PJPs holding license

IDR1 Billion (approx.USD68,965.52)

If not providing a systemfor other PJPs holding li-cense category three

IDR500 Million (approx.USD34,482.76)

The Term of a PJP LicenseGenerally, the PJP licenses issued by Bank Indonesia do not have aspecific term. However, Bank Indonesia can determine a PJP licenseterm if Bank Indonesia deems necessary, according to its license cate-gory, activity it engages in, and/or the processed sources of funds.

The Requirements to Obtain a PJP LicenseThe following are the aspects of the requirements that must be satis-fied by a party that applies for a PJP license:


THOUGHT LEADERSHIP BANKING AND FINANCE


Aspects Remarks

Institutional This aspect includes the legality of the legal entity, its ownership, control and management.

The highlighted requirements for a non-bank entity PJP in this aspect are the following:

1. Ownership and ControlAt least 15% of all the shares and 51% of the shares with voting rights of a non-bank entity PJP (calculated up to the ultimateshareholder level) must be owned by Indonesian parties.

The regulation indicates that foreign parties may hold up to 85% of all the shares, but subject to the control limitation explainedin the following paragraph. For a non-bank entity PJP in the form of a listed company, the foreign ownership limitation only ap-plies to shareholding percentages of 5% or more. Shareholdings with a percentage below 5% traded on the stock exchange are cal-culated as domestically owned shares, unless:a. they are traded on the Indonesian stock exchange and declared to be owned by a foreign party by the party to be licensed as aPJP; or

b. they are traded outside Indonesia.

With regard to control in a non-bank entity PJP, foreign parties are only allowed to hold up to 49% of the shares with votingrights (calculated up to the ultimate shareholder level). In addition, if its shares in a non-bank entity PJP grants a shareholder aspecial right to:a. nominate a majority of the members of the Board of Directors (“BOD”) and/or Board of Commissioners (“BOC”); and/orb. veto a decision or approval of the General Meeting of Shareholders that has a significant impact on the company, such as anamendment to the Articles of Association, a change to the capital structure, the appointment and termination of members ofthe BOD and BOC, a merger, consolidation, acquisition, split-off and dissolution of the company,

the right must be held by an Indonesian shareholder(s). This means that even if a foreign shareholder can hold up to 85% of allthe shares in a PJP company, control of the company must remain with the Indonesian shareholders.

To determine the ownership and control of a PJP company, the company must submit its self-assessment of the ownership andcontrol structure to Bank Indonesia at least once in a year or anytime there is a change to the ownership and control structure. Ifthere is a discrepancy between the assessment made by the company and that made by Bank Indonesia, the assessment made byBank Indonesia will prevail.

2. ManagementAt least 1 member of the BOD must be domiciled in Indonesia.

Bank Indonesia will conduct a fit and proper test of the following parties:

a. shareholders of 25% or more of all the shares issued with voting rights or less than 25% but it can be proven that the party con-cerned has control of the party to be licensed as a PJP, either directly or indirectly;

b. the members of the BOD and BOC.

Bank Indonesia will conduct the fit and proper tests for the following:a. to process the application for a PJP license;b. a plan to change the shareholders or members of the BOD or BOC;c. a Bank Indonesia decision based on its supervision (if it has found a violation, fraud and/or deterioration of business perfor-mance that has a significant impact on the operation of the payment system).

The fit and proper test is conducted through an administrative assessment and/or interview to ensure the following requirementsare satisfied:a. integrity;b. a financial reputation;c. financial feasibility; and/ord. competence.

Capital And Finance

This aspect includes the minimum paid up capital requirement, a feasibility analysis and business projections.

The highlighted requirement in this aspect is that the party to be licensed as a PJP must satisfy the paid-up capital require-ment (initial capital) explained in 1. above.

Risk Management

This aspect includes the legal risks, operational risks and liquidity risks.

InformationSystem Capability

This aspect includes the security and reliability of the information system ie, the availability of security control, a fraud man-agement system, information system audits and security testing, and certain level of capability and availability of the infor-mation system.




How an Existing Licensed Payment System Services Provider Can Convert Its License to a PJP License

ExistingLicensedPayment System ServicesProvider

The PJPdeclares itsability tocomply withthe newrequirements

The PJPdeclares that itis unable tocomply withthe newrequirements

BI provides it2 years to settleits rights andobligations

BI revokes itsPJP license

BI provides 2years tocomply withthe newrequirements

Or, if it has compliedwith therequirements, BI willevaluate the licensewithin 3 years orwhen necessary

BI willconfirm thatthe PJP licenseremains ineffect or willrevoke it

BI reclassifiesand coverts thelicense to a PJPlicense.

BI makes sure oftheir ability tocomply with therequirements inthe aspects of(i) capital andfinance, (ii) riskmanagementand (iii)informationsystemcapability.

The institutional aspect requirements regarding the ownership andcontrol only apply to existing licensed payment system servicesproviders as non-bank entity PJPs if, after 1 July 2021, a change ismade to the share ownership composition by the foreign parties orthere is a change in control by the foreign parties.

Ongoing capitalIn addition to the initial capital, now a PJP must also meet certain on-going capital requirements under the PBI PJP during the operation ofits business activities. The ongoing capital consists of:1. core capital, which includes:a. the main core capital (modal inti utama); andb. additional core capital (modal inti tambahan); and

2. supplementary capital (modal pelengkap).The minimum ongoing capital for a non-bank entity PJP is calcu-

lated according to the payment systems capital requirement ratio withthe following conditions:1. at least 10% (ten percent) of the risk-weighted transactions(transaksi tertimbang menurut risiko) for all PJP classification (sys-temic, critical, general); and

2. additional capital requirements (surcharges) according to the PJPclassification of:a. 2.5% of risk-weighted transactions (transaksi tertimbang menu-

rut risiko) for a PJP with a systemic impact2; and

b. 1.5% of risk-weighted transactions (transaksi tertimbang menu-rut risiko) for a PJP with a critical impact3.

The single ownership policy and restrictions on corporate actionsUnder the PBI PJP, no party may hold:1. shares constituting 25% (twenty five percent) or more of all theshares issued by a PJP with voting rights; or

2. shares constituting less than 25% (twenty five percent) of all theshares issued by a PJP with voting rights but it can be proven thatthe party concerned has control of the PJP, either directly or indi-rectly,

in more than 1 non-bank entity holding a license as a PJP in the samecategory and/or in more than 1 non-bank entity holding a license as aPJP and a determination as a PIP.In addition, the PBI PJP also prohibits non-bank entity PJPs from

taking any corporate action which will cause a change of the partywhich holds:1. shares constituting 25% (twenty five percent) or more of all theshares issued by the PJP with voting rights; or

2. shares constituting less than 25% (twenty five percent) of all the sharesissued by the PJP with voting rights but it can be proven that the partyconcerned has control of the PJP, either directly or indirectly,within 5 years since the PJP license was issued the first time except

with Bank Indonesia’s approval.

1 All USD figures assume an exchange rate of USD1 = IDR14,5002 According to the PBI PJP, a PJP with a systemic impact means a PJP that has a systemic impact on the payment systems and/or financial systems in the event that the PJP experiences a

disruption or failure.3 According to the PBI PJP, a PJP with a critical impact means PJP that has a critical impact on the payment systems and/or financial systems in the event that the PJP experiences a dis-

ruption or failure.


ATTORNEY BIOGRAPHIES BANKING AND FINANCE

Maria Sagrado is a leading practitioner and a highly skilled negotiatorwith extensive high-level experience in structuring foreign investmentand financial transactions. She represents the interests of numerousforeign clients investing in Indonesia, including companies andinvestors from China, USA, UK, Singapore, and European Unionacross various sectors, including power plants, pharmaceuticals,distribution, port-related activities, mining, and fintech.

Combining her European and Indonesian exposure, Maria’s well-rounded experience in relevant corporate and commercial practicesenable her to comprehensively advise and guide foreign clientsentering into local investments or transactions in Indonesia, with dueconsideration of the various aspects involved.

Her ability to forge rapport between disparate parties and drivesolutions is also showcased by her successful track record executingprominent finance transactions involving leading foreign banks, inparticular banks from China, Germany, Malaysia and other Europeancountries, as well as offshore export credit agencies in the financing ofIndonesian borrowers including State Owned Enterprises (SOE),power plant, major mining related industries and manufacturingcompanies.

Maria is a pioneer and among the few Indonesian lawyers who areactive in fintech transactions in Indonesia. She was involved in thedrafting of the first Financial Services Authority (Otoritas JasaKeuangan) regulation on Fintech, i.e. Peer-to Peer lending in Indonesiathat was issued in late 2016. She also published an article that discussesthe country’s central bank’s regulatory sandbox initiative for fintechplayers as published in IFLR1000’s Fintech Special Focus 2018. Mariais a Recommended Lawyer in Banking & Finance, Capital Markets,Corporate and M&A, IT and Telecoms as well as Projects and Energyin the Legal 500 Asia-Pacific Guide 2021.

Maria H SagradoMakarim & Taira S.Summitmas 1, 16th& 17th floorsJl. Jend. Sudirman Kav. 61-62Jakarta 12190IndonesiaTel: (62-21) 5080 8300/252 1272Email: [email protected]: www.makarim.com

I N DON E S I A



Josée Weydert is the managing partner of NautaDutilh, where sheheads the Luxembourg Banking & Finance practice. Josée specialises infinancing, securitisation, (debt and equity) capital markets andfinancial regulatory matters.

Josée is a trusted advisor of numerous financial institutions, financialprofessionals and corporate groups. Due to her extensive experienceworking in the capital markets and structured finance departments ata well-known Luxembourg bank, she has particularly strong expertisein the banking and capital markets fields.

With more than 25 years of legal experience, Josée enjoys highrecognition among both market players and clients. In 2021, Josée wasnamed a Leading Expert in Banking & Finance Law in Luxembourg byChambers Europe and as a Women Leader by the IFLR1000. Chambersnotes that she has “profound knowledge of the products and servicesmarketed in Luxembourg’s financial market and excellent workingrelationships with the government and regulators”. Clients value her“depth of expertise and long-standing experience in the bankingindustry”.

Josée and her team contribute regularly to various publications,including The Luxembourg Banking & Finance Comparative Guide(The Legal 500, 2019) and an article entitled “PSD2 Implementation inthe Grand Duchy – Six Months Later” (ILO, 2019).

Josée obtained her law degree from the Robert Schuman University inStrasbourg (1992) and subsequently completed the two-yearprogramme for young banking executives at the Luxembourg TrainingInstitute for Banking (1995). She regularly speaks at conferences ontopics relating to the financial sector.

Josée was admitted to the Luxembourg Bar in 1993.

She is a Luxembourg native and is fluent in English, French, Germanand Luxembourgish.

Josée WeydertNautaDutilh2, rue Jean BertholetL-1233 LuxembourgTel: (352) 26 12 29 97Email: [email protected]: www.nautadutilh.com

L U X EM BOU RG

Caroline Clemetson is a member of the firm’s managementCommittee. She is head of Schellenberg Wittmer’s investment fundsgroup and a partner in the banking and finance group. Carolinefocuses on banking and finance law, in particular, financial servicesand financial regulation, asset management, collective investmentschemes and other investment products, distribution of financialproducts, derivatives, trade finance, pension funds as well as insuranceand insurance brokerage regulation.

Examples of Caroline’s expertise include: counsel to a major Swissfund management company for the set-up of a new Swiss MortgageFund which has been described as one of the most innovative productsin the market in the last five years; advising fund managers onobtaining their FINMA license as fund manager in Switzerland andimplementing their new organisation, including the set-up of thecompliance and risk management as well as the implementation of thenew anti-money laundering regulation and counsel to several majorfund management companies for the set-up of complex Swissproducts (several billion of AuM).

Caroline is an authorised representative at the SIX Swiss Exchange andis a member of the specialist committee legal and compliance of theSwiss Funds and Asset Management Association (SFAMA).

Caroline graduated from the Universities of Lausanne and Zurich in2001 and was admitted to the Swiss Bar in 2003. In 2006, she earned anLLM from Columbia University.

Before joining Schellenberg Wittmer as a partner in 2014, Carolineworked for the Swiss Financial Markets Supervisory Authority FINMA(2006 to 2014), where she was head of the investment products anddistribution department within the Markets division.

Caroline ClemetsonSchellenberg Wittmer15bis, rue des AlpesPO Box 20881211 GenevaSwitzerlandTel: (41) 22 707 8000Email: [email protected]: www.swlegal.ch

SW I T Z E R L A N D


BANKING AND FINANCE ATTORNEY BIOGRAPHIES

Jennifer B Ezring is a member of the Executive Committee and ofCahill Gordon & Reindel LLP’s corporate practice group.

Jenn’s practice focuses primarily on advising commercial andinvestment banks in leveraged finance and asset-based lendingtransactions, including acquisition financings, leveraged buyouts,going-private transactions, recapitalizations, project financings, bridgelending and loan commitments, out-of-court debt restructurings, andother secured lending transactions.

Jenn has practiced in a variety of industries, including communications,gaming, retail, energy, manufacturing, media, publishing and internettechnology. She has a broad range of financing experience in both USand international transactions.

Jenn was named to Crain’s 2019 list of Notable Women in Law and wasrecognized as one of The Secured Lender’s 50 Women in CommercialFinance in 2017. She has been recommended as a leading financelawyer by Chambers USA, IFLR1000 and The Legal 500, includingbeing named as one of IFLR1000’s Women Leaders for consecutiveyears in 2020 and 2021. Jenn is a frequent speaker on leveraged financeand asset-based lending topics, including for SFNet, PLI, and ACGNew York. She is a member of the State Bar of New York, the New YorkState Bar Association and the American Bar Association.

Jenn is a member of the Board of Directors of LiveGirl, Inc. and theBoard of Governors of Multiplying Good. She has served on theLeadership Advisory Committee of the National Women’s Law Centerand on Cahill’s Diversity and Inclusion Committee, and Women’sInitiatives Committee.

Selected Matters• Advised the lead arrangers of financing for the combination ofConstruction Supply Group with White Cap, consisting of a $700million asset-based revolving credit facility, a $2.335 billion Term Bcredit facility, and a $50 million revolving credit facility.

• Advised the lead arrangers of a $750 million asset-based revolvingcredit facility in connection with the combination of NescoHoldings with Custom Truck One Source.

• Advised the lead arrangers in connection with a $1.868 billionNorth American asset-based loan facility for Gap Inc.

• Advised the lead arrangers in connection with a $1.5 billion Term Bcredit facility and a $50 million revolving credit facility forsubsidiaries of Virtu Financial, Inc. in connection with itsacquisition of Investment Technology Group, Inc.

• Advised the lead arrangers in connection with a $1.25 billion globalasset-based revolving credit facility for Adient US LLC and certainof its domestic and international subsidiaries.

Jennifer B Ezring Cahill Gordon & Reindel32 Old SlipNew York, NY 10005USTel: (1) 212 701 3822Email: [email protected]: www.cahill.com

UN I T E D S TAT E S

Anita Schläpfer is a partner in Schellenberg Wittmer’s banking andfinance, and investment funds groups in Zurich. Anita specialises inadvising Swiss and international financial institutions and corporateclients on domestic and cross-border acquisition finance andsyndicated lending transactions, securitisations and other financetransactions. She assists clients on asset and investment management,onshore and offshore investment vehicles and other financial products;and provides regulatory and transactional advice for technology-driven solutions and providers in the financial services industry.

Anita’s expertise includes: advising Swiss financial institutions in thetransition from LIBOR to risk free rates in lending transactions;advising Lennox International Inc., on Swiss aspects relating toUS$600 million senior notes offering and revolving credit and termloan facilities of US$895 million; advising Bank Julius Baer on thestructuring and documentation of secured notes private placementswith the clients as issuer for the purpose of acquisition of assets; andadvising creditors of Advanz Pharma Corp (formerly: ConcordiaInternational Corp) on its amendment of senior secured financing inconnection with the acquisition of the Correvio Pharma Corp.

Anita held various offices at the International Association of YoungLawyers and was president from September 2013 to August 2014. Sheis a regular speaker at seminars and conferences.

Anita holds a law degree from the University of St Gallen (1997) andan LLM focusing on banking and securities law from ColumbiaUniversity (2002). After being admitted to the Swiss Bar in 2000, sheworked for another large business law firm before joining SchellenbergWittmer in 2007 as a senior associate. Anita has been a partner atSchellenberg Wittmer since 2009.

Anita Schläpfer Schellenberg WittmerLöwenstrasse 19PO Box 22018021 ZurichSwitzerlandTel: (41) 44 215 5252Email: [email protected]: www.swlegal.ch




Lauren Hanrahan is a partner in the New York office of Milbank LLP anda member of the firm’s Leveraged Finance Group. Lauren’s practice centerson representing banks, direct lenders and other financial institutions indebt financing transactions.

Recognized as a leading lawyer for bank lending and finance in ChambersGlobal, Chambers USA, Legal 500, and IFLR, she has significant experiencein representing lenders in acquisition financings, recapitalizations, bridgeand mezzanine financings, special situation financings and other complexsecured lending transactions. She has a broad range of financingexperience in both US and international cross-border transactions. Laurendevotes a portion of her practice to acting as agent’s counsel or leadinvestor’s counsel in connection with amending and restructuringtroubled loans, workouts and debtor-in-possession and exit facilities.

In Chambers and Partners’ Global Guide, clients describe Lauren as“fantastic” and “commercial, smart and highly responsive,” noting thatLauren frequently handles asset-based and leveraged financings, countingboth private credit funds and commercial banks among her clients. Laurenwas shortlisted for Best in Banking and Finance in Euromoney’s AmericasWomen in Business Law Awards for 2020 and 2018. As a frequent authorand co-author in industry publications, she has published “A ComparativeOverview of Transatlantic Intercreditor Agreements”, The InternationalComparative Legal Guide to: Lending & Secured Finance; “The CashlessRoll: A Primer”, The Banking Law Journal; and numerous articles in IFLR’sLeveraged Finance Quarterly and the IFLR Cross-border Financing Report.

Lauren is also a member of Milbank’s Hiring Committee and ElectionsCommittee.

Select recent matters include:

• Represented Goldman Sachs as lead arranger in the $3.56 billionacquisition of Nortek Air Management Businesses by Madison IAQLLC.

• Advised the financing sources in Blackstone’s acquisition of SabreIndustries, Inc.

• Represented the lead arrangers in connection with the financing ofElanco Animal Health Incorporated’s (NYSE: ELAN) $5 billionacquisition of Bayer AG’s animal health unit.

• Represented Goldman Sachs Merchant Banking Division and TikehauInvestment Management in connection with the financing of WarburgPincus’s and ArchiMed’s acquisition of French biotechnology companyPolyplus-transfection SA.

• Advised the financing sources of the $1.95 billion first lienmulticurrency facilities to support Advent International’s acquisition ofNielsenIQ.

• Represented Goldman Sachs and the other arrangers in the $2.595billion term loan facility and $300 million revolving credit facility forAmWINS Group.

Lauren Hanrahan Milbank LLP55 Hudson YardsNew York, NY US 10001-2163USTel: (1) 212 530 5339Email: [email protected]: www.milbank.com


Eliza McDougall is a partner in the Debt Finance Practice in the NewYork office of White & Case LLP. She was recently appointed as theRegional Section Head of the Americas’ Banking Group (comprised ofthe Debt Finance and Financial Restructuring Practices), the firstwoman to hold this position in the Firm. In addition, Eliza sits on White& Case’s elected global Partnership Committee, which is responsible forpartner promotions, lateral hiring decisions and partner compensationand is Chair of the Firm’s Americas Operations Council. Eliza wasformerly the Executive Partner for the Firm’s New York office.

A highly successful dealmaker, Eliza’s clients value her deal creativity,efficiency and professionalism. She is an incredibly versatile lawyerrepresenting a broad spectrum of clients including leading investmentand commercial banks, direct lenders, corporate borrowers and privateequity sponsors on a wide range of financing matters, includingleveraged and investment-grade acquisition financings, asset-basedfinancings, project and structured financings and general corporatelending transactions. Eliza’s exceptional work with clients is reflected inboth a Chambers USA ranking and recognition in Legal 500 US as a KeyLawyer. Her clients include Stone Point Capital, Deutsche Bank, UBS,Bank of America, Riverstone Credit, Hess Corporation, BookingHoldings and JBS.

Notable transactions led by Eliza include:

Representation of UBS on the US$2.1 billion financing of ION TradingTechnologies’ take-private acquisition of Fidessa Group plc, a UKpublicly listed company that provides software services and market datafor the financial services industry (which transaction was honored bythe International Financing Review as the North American LeveragedLoan of the Year in 2019).

Representation of UBS, Jefferies and Bank of America, as lead arrangers,in connection with the financing for the US$4 Billion carve-outacquisition of McAfee’s Enterprise business by a consortium led bySymphony Technology Group (“STG”).

Representation of UBS, Jefferies, Bank of America, HSBC and KKRCapital, as lead arrangers and joint book-runners, in connection withthe financing of STG’s proposed US$1.2 Billion acquisition of theproducts business of FireEye, Inc.

Representation of UBS and subsequently JP Morgan Chase, inconnection with the financing for acquisition of RSA Security, acomputer network security company focusing on encryption andencryption standards, by STG and the later acquisition of a stake byClearlake Capital Group. The most recent financing consisted ofUS$1.114 Billion in term loans, US$436 Million in delayed draw termloans and US$175 Million in revolving credit loans.

Eliza McDougall White & Case LLP1221 Avenue of the AmericasNew York 10020-1095USTel: (1) 212 819 2590Email: [email protected]: www.whitecase.com



BANKING AND FINANCE ATTORNEY BIOGRAPHIES

Susanna M Suh has represented financial institutions and companiesin a wide variety of transactions for over 25 years, including cash flowand asset-based lending transactions, debt and equity securitiesofferings and tender offers, exchange offers and consent solicitations.She has extensive experience with companies in the energy, industrial,financial services, real estate and technology sectors. Susanna isrecognized as a leading lawyer in bank lending and debt capitalmarkets by IFLR1000 and The Legal 500. She was honored as a Womanof Distinction by the Girl Scouts of Greater New York in 2017.

Susanna has practiced at Cahill since graduating from Yale Law School,where she was Editor-in-Chief of the Yale Journal of International Law.She became a partner in 2003. Susanna has served in various capacitiesat Cahill, including Administrative Partner and Co-Chair of the firm’sDiversity and Inclusion Committee.

Susanna M Suh Cahill Gordon & Reindel 32 Old SlipNew York NY 10005 USTel: (1) 212 701 3686 Email: [email protected] Website: www.cahill.com


Sabrena has over 20 years’ experience in completing US domestic andcross-border financing transactions. She advises financial institutionsand companies on complex financing transactions, includingstructured finance deals, acquisition financings, syndicated andbilateral loans, bridge loans, margin loans, investment grade loans,private equity and hedge fund financings, private bankingtransactions, debt restructurings, sovereign loans, trade financings,supplier financings, receivables purchases and non-performing loan(NPL) transactions.

Sabrena’s broad international experience spans Europe, Asia and LatinAmerica. She has a particular focus in Latin America, and hascompleted transactions in Argentina, Brazil, Chile, Colombia, CostaRica, the Dominican Republic, Ecuador, Mexico, and Peru, as well asother Latin American jurisdictions.

Named by Latinvex in 2020 as one of Latin America’s top 100 lawyers,and by Chambers Global in 2020 as a Foreign Expert in Banking &Finance, Sabrena has led on many high-profile finance deals.

Recent matters include the representation of:

• Bayport Colombia S.A., a subsidiary of leading specialist creditprovider Bayport Management Limited, on its entry into a COP-denominated secured loan agreement of up to US$150 millionthrough a Colombian trust established by Bayport Colombia S.A.,as borrower, and a syndicate of leading international lenders;

• Bayport Mexico (Financiera Fortaleza S.A. de C.V.), a subsidiary ofleading specialist credit provider Bayport Management Limited, onits entry into a MXN 1.5 billion secured loan agreement with asyndicate of leading international lenders;

• OPIC and Citibank in connection on a US$150 million unsecuredloan to Banco Regional S.A.E.C.A.. The purpose of the financingwas to finance new lending to small and medium enterprises ofBanco Regional, with a particular focus on supporting women-ledsmall and medium enterprises.

• OPIC and Citibank on a US$101.6 million loan facility to financenew lending to small and medium enterprise customers ofSudameris Bank S.A.E.C.A.

• Deutsche Bank in a US$150 million finance transaction for AviancaS.A. backed by future credit card receivables;

• Joint Lead Arrangers and Bookrunners, and Scotiabank PeruS.A.A., as Administrative Agent in connection with Alicorp S.A.A.’sUS$500 million senior unsecured bridge loan for the acquisition ofIntradevco Industrial S.A.

Sabrena Silver White & Case LLP1221 Avenue of the AmericasNew York 10020-1095USTel: (1) 212 819 7056Email: [email protected]: www.whitecase.com



EXPERT LISTINGS BANKING AND FINANCE

A RG EN T I N AAnalía R BattagliaBruchou Fernández Madero & LombardiBuenos Aires

Cecilia M MairalMarval O’Farrell MairalBuenos Aires

AU S T R A L I ARenee BoundyAllensSydney

Yuen-Yee ChoKing & Wood MallesonsSydney

Melita CottrellHerbert Smith FreehillsSydney

Lucy McCullaghHerbert Smith FreehillsSydney

Kathy SantikosClayton UtzSydney

B E L G I UMVanessa MarquetteLoyens & LoeffBrussels

BO L I V I AMariana PereiraIndacochea & AsociadosSanta Cruz

B R A Z I LCristina TomiyamaPinheiro GuimarãesSão Paulo

C ANADAJean AndersonGoodmansToronto

Catherine DoyleBlake Cassels & GraydonToronto

Daphne J MacKenzieStikeman ElliottToronto

Alison R ManzerCassels Brock & BlackwellToronto

Meaghan Obee TowerStikeman ElliottToronto

Carol D PennycookDavies Ward Phillips & VinebergToronto

Celia RheaGoodmansToronto

C H I L EMyriam BarahonaMorales & BesaSantiago

C H I N AYongmei CaiSimmons & SimmonsBeijing

Yvonne HoAllen & OveryBeijing

Shirley LuZhong Lun Law FirmShanghai

Ling WangKing & Wood MallesonsBeijing

Shirley WangFenXun PartnersBeijing

Shu WangHan Kun Law OfficesBeijing

CO L OM B I AMariana PossePosse Herrera RuizBogotá

CO S TA R I C AVivian LibermanBLPSan José

C Y P R U SNancy ErotocritouHarneysLimassol

E G Y P TMona ZulficarZulficar & PartnersCairo

E L S A LVA DO RAna Mercedes LópezAriasSan Salvador

E S T ON I AMarina KotkasCOBALTTallinn

F I N L AN DPäivi ToivariKrogerusHelsinki

Tanja TörnkvistWhite & CaseHelsinki

F R AN C EAmélie ChampsaurCleary Gottlieb Steen & HamiltonParis


BANKING AND FINANCE EXPERT LISTINGS

Raphaële CourtierBredin PratParis

Denise DialloWhite & CaseParis

Maud ManonDLA PiperParis

G E RMAN YKatlen BlöckerHogan LovellsFrankfurt am Main

Anne GrewlichAshurstFrankfurt am Main

Alexandra E HagelükenLatham & WatkinsFrankfurt am Main

Barbara Mayer-TrautmannMilbankMunich

Eva ReudelhuberGleiss LutzFrankfurt am Main

Bettina SteinhauerClifford ChanceFrankfurt am Main

G R E E C ECatherine M KaratzasKaratzas & Partners Law FirmAthens

HONG KONGS A RFiona ChanApplebyHong Kong

Fiona CummingAllen & OveryHong Kong

Makiko HarunariSimpson Thacher & BartlettHong Kong

Nathalie HobbsLinklatersHong Kong

Teresa LauDeaconsHong Kong

Vicki LiuAllen & OveryHong Kong

Cindy LoAllen & OveryHong Kong

Minny SiuKing & Wood MallesonsHong Kong

HUNGA RYCsilla AndrékóAndrékó Kinstellar Ügyvédi IrodaBudapest

Erika PappCMS Cameron McKenna NabarroOlswangBudapest

Edina SchweizerNoerrBudapest

Katalin SzecskaySzecskay Attorneys at LawBudapest

I N D I AMona BhideDave & Girish & CoMumbai

Sonali MahapatraTalwar Thakore & AsociatesMumbai

Manisha ShroffKhaitan & CoMumbai

Dina WadiaJ Sagar AssociatesMumbai

I N DON E S I AIndri P GuritnoHadiputranto Hadinoto & PartnersJakarta

Maria H Sagrado See bioMakarim & Taira SJakarta

Tasdikiah SiregarTNB & PartnersJakarta

I R E L A N DMaireadh DaleDentonsDublin

Catherine DuffyA&L GoodbodyDublin

Libby GarveyEugene F CollinsDublin

Grainne HennessyArthur CoxDublin

Orla O’ConnorArthur CoxDublin

I S R A E LDalia TalMeitar | Law OfficesTel Aviv

I TA L YEmanuela Da RinBonelliEredeRome

L E B ANONChadia El-MeouchiBadri and Salim El MeouchiBeirut



L U X EM BOU RGJosée Weydert See bioNautaDutilhLuxembourg

MACAURita MartinsDSL LawyersMacau

MA L AY S I ASook Kwan ChinZICOlawKuala Lumpur

Christina SC KowShearn Delamore & CoKuala Lumpur

Mei Mei LohZul Rafique & PartnersKuala Lumpur

Chea Li (Lily) TanAlbar & PartnersKuala Lumpur

N E T H E R L AN D SFemke BiermanAllen & OveryAmsterdam

Kitty LieverseLoyens & LoeffAmsterdam

Angela McEwanClifford ChanceAmsterdam

Michaëla UlriciNautaDutilhAmsterdam

N EW Z E A L AN DKate LaneMinterEllisonRuddWattsAuckland

N I G E R I AKofo DosekunAluko & OyebodeLagos

Ayotunde OwoigbeBanwo & IghodaloLagos

P H I L I P P I N E SEstrelita G GacutanPicazo Buyco Tan Fider & SantosManila

P O R T UGA LRaquel AzevedoPLMJLisbon

Ana Sofia BatistaAbreu AdvogadosLisbon

Maria CastelosCampos Ferreira Sá Carneiro &AssociadosLisbon

Paula Gomes FreireVdA Vieira de AlmeidaLisbon

Maria João RicouCuatrecasasLisbon

Claudia Santos CruzMorais LeitãoLisbon

ROMAN I AAlina RaduNestor Nestor Diculescu KingstonPetersenBucharest

R U S S I AVictoria BortkevichaClifford ChanceMoscow

Natalya NikitinaWhite & CaseMoscow

S I N G A PO R EAngela LimRajah & TannSingapore

Christy LimWongPartnershipSingapore

Julie SimAllen & GledhillSingapore

Yemi TépéMorrison & FoersterSingapore

Susan WongWongPartnershipSingapore

S O U T H A F R I C AJackie MidlaneNorton Rose FulbrightJohannesburg

S O U T H K O R E AHyunju Helen PakShin & KimSeoul

S PA I NPaloma FierroLinklatersMadrid

Ana LópezFreshfields Bruckhaus DeringerMadrid

S R I L A N K AJanaki KumaraguruJulius & CreasyColombo


BANKING AND FINANCE EXPERT LISTINGS

SW E D E NMaria-Pia HopeVingeStockholm

SW I T Z E R L A N DFrédérique BensahelFBT AvocatsGeneva

Caroline Clemetson See bioSchellenberg WittmerGeneva/Zurich

Dunja KochFroriepZurich/London

Anita Schläpfer See bioSchellenberg WittmerZurich

T H A I L A N DWilailuk OkanurakLinklatersBangkok

T U R K E YBegüm Durukan ÖzaydınDurukan+PartnersIstanbul

Güniz GökçeGKC PartnersIstanbul

Sera SomayPaksoyIstanbul

U K R A I N EYulia KyrpaAequoKyiv

UN I T E D A R A BEM I R AT E SJodi NormanAllen & OveyDubai

UN I T E DK I N G DOMPenny AngellHogan LovellsLondon

Monica BartonWinston & StrawnLondon

Alison BaxterNorton Rose FulbrightLondon

Cathy Bell-WalkerAllen & OveryLondon

Helen BurtonAshurstLondon

Jane FissendenAshurstLondon

Emma FoldsClifford ChanceLondon

Kate GibbonsClifford ChanceLondon

Denise GibsonAllen & OveryLondon

Reena GognaWeil Gotshal & MangesLondon

Sarah GoodenTrowers & HamlinsLondon

Emma Howdle-FullerBryan Cave Leighton PaisnerLondon

Annette KurdianAllen & OveryLondon

Emma MatebalavuClifford ChanceLondon

Sinead O’SheaSimpson Thacher & BartlettLondon

Jayanthi SadanandanLatham & WatkinsLondon

Nicola WherityClifford ChanceLondon

UN I T E D S TAT E SStefanie BirkmannRopes & GrayNew York

Alison C BorenSidley AustinDallas

Heather L BrownBracewellHouston

Cindy JK DavisGreenberg TraurigAtlanta

Kelly M DybalaSidley AustinDallas

Jennifer B Ezring See bioCahill Gordon & ReindelNew York

Angela FontanaSidley AustinDallas

Denise M GrantShearman & SterlingNew York

Lauren Hanrahan See bioMilbankNew York

Jennifer L HobbsSimpson Thacher & BartlettNew York



Melissa J HutsonKirkland & EllisNew York

Alexandra KaplanSimpson Thacher & BartlettNew York

Amy L KyleMorgan Lewis & BockiusBoston/New York

Tatiana LapushchikCravath Swaine & MooreNew York

Jennifer J LevittSimpson Thacher & BartlettLos Angeles

Allison R LiffWeil Gotshal & MangesNew York

Courtney S MarcusWeil Gotshal & MangesDallas

Eliza McDougall See bioWhite & CaseNew York

Barbara R MendelsonMorrison & FoersterNew York

Linda K MyersKirkland & EllisChicago

Maura O’SullivanShearman & SterlingNew York

M Catherine OzdoganLatham & WatkinsHouston

Michèle O PenzerLatham & WatkinsNew York

Margaret S (Meme) PeponisCleary Gottlieb Steen & HamiltonNew York

Amy R ShapiroCleary Gottlieb Steen & HamiltonNew York

Sabrena Silver See bioWhite & CaseNew York

Susanna M Suh See bioCahill Gordon & ReindelNew York

Stephanie L TeicherSkadden Arps Slate Meagher & FlomNew York

Sarah M WardSkadden Arps Slate Meagher & FlomNew York

Katherine G WeinsteinMorgan Lewis & BockiusNew York

U R UGUAYFlorencia CastagnolaGuyer & RegulesMontevideo

V I E T N AMOanh H K NguyenBaker McKenzieHo Chi Minh City



C A P I TA L M A R K E T S


CAPITAL MARKETS EXPERT LISTINGS

A RG EN T I N AMaría Gabriela GrigioniPerez Alati Grondona Benites & ArntsenBuenos Aires

Alexia RosenthalTanoira Cassagne AbogadosBuenos Aires

Carolina ZangZang Bergel & ViñesBuenos Aires

AU S T R A L I ASarah DulhuntyAshurstSydney

Rebecca Maslen-StannageHerbert Smith FreehillsSydney

Karolina PopicAllen & OverySydney

Philippa StoneHerbert Smith FreehillsSydney

AU S T R I AEdith HlawatiCERHA HEMPELVienna

Ursula RathSchönherrVienna

Eva-Maria Ségur-CabanaDiwok Hermann Petsche RechtsanwälteVienna

B E L G I UMSylvia KierszenbaumAllen & OveryBrussels/Antwerp

B R A Z I LEliana Ambrósio ChimentiMachado Meyer AdvogadosSão Paulo

Marina Anselmo SchneiderMattos FilhoSão Paulo

Isabel Costa CarvalhoHogan LovellsSão Paulo

Vanessa FiusaMattos FilhoSão Paulo

Flavia MagliozziMattos FilhoSão Paulo

Fabiana Y SakaiMilbankSão Paulo

C ANADAAlyson GoldmanMcCarthy TétraultCalgary

Brenda GosselinGoodmansToronto

CO L OM B I AClaudia BarreroPhilippi Prietocarrizosa Ferrero DU &UríaBogotá

D E NMA R KMarianne PhilipKromann ReumertCopenhagen

F I N L AN DMerja KiveläCastrén & SnellmanHelsinki

F R AN C EMelinda ArsouzeGide Loyrette NouelParis

Diana BillikAllen & OveryParis

Aline CardinClifford ChanceParis

Véronique DelaittreLinklatersParis

Linda A HesseJones DayParis

Sharon LewisHogan LovellsParis/London

Marie-Laurence TibiCleary Gottlieb Steen & HamiltonParis

G E RMAN YKatja KaulamoPaul HastingsFrankfurt am Main

G R E E C EChristina PapanikolopoulouZepos & YannopoulosAthens

HONG KONGS A RConstance ChoySidley AustinHong Kong

Tracy EdmonsonLatham & WatkinsHong Kong

Connie HengClifford ChanceHong Kong

Teresa KoFreshfields Bruckhaus DeringerHong Kong

Celia LamSimpson Thacher & BartlettHong Kong


EXPERT LISTINGS CAPITAL MARKETS

Ivy WongBaker McKenzieHong Kong

Cheung Ying (Cathy) YeungLatham & WatkinsHong Kong

Benita YuSlaughter and MayHong Kong

Jessica ZhouWhite & CaseHong Kong

I N D I AMonal MukherjeeShardul Amarchand Mangaldas & CoMumbai

I N DON E S I AMelli DarsaPwCJakarta

Ira A Eddymurthy SSEK Legal ConsultantsJakarta

I R E L A N DMyra GarrettWilliam FryDublin

Maura McLaughlinArthur CoxDublin

I TA L YClaudia ParzaniLinklatersMilan

J A PANMiyuki IshiguroNagashima Ohno & TsunematsuTokyo

Reiko SakimuraClifford ChanceTokyo

MA L AY S I ASook Kwan ChinZICOlawKuala Lumpur

Lilian LiewZICOlawKuala Lumpur

N E T H E R L AN D SPetra ZijpNautaDutilhAmsterdam

P H I L I P P I N E SCynthia R del CastilloRomulo Mabanta Buenaventura Sayoc &de los AngelesManila

Gemma M SantosPicazo Buyco Tan Fider & SantosManila

P O R T UGA LRaquel AzevedoPLMJLisbon

Maria João RicouCuatrecasasLisbon

ROMAN I ASilvana IvanȚuca Zbârcea & AsociațiiBucharest

Narcisa OpreaSchönherrBucharest

R U S S I ADarina Kogan-BellamyWhite & CaseMoscow/London

S I N G A PO R EMargaret ChinAllen & GledhillSingapore

Gwendolyn GnShook Lin & BokSingapore

Naomi J IshikawaMilbankSingapore

Sharon LauLatham & WatkinsSingapore

Yin Mei LockAllen & OverySingapore

Christina OngAllen & GledhillSingapore

Gail OngWongPartnershipSingapore

Kaya ProudianWhite & CaseSingapore

Tze Gay TanAllen & GledhillSingapore

S O U T H A F R I C AKaren CouzynWebber WentzelJohannesburg

Jacqueline KingCliffe Dekker HofmeyrJohannesburg

Lindi MaraisWebber WentzelJohannesburg


CAPITAL MARKETS EXPERT LISTINGS

S O U T H K O R E AHyunjoo OhLee & KoSeoul

Mi Eun RohBae Kim & LeeSeoul

S PA I NYolanda AzanzaClifford ChanceMadrid

SW E D E NAnnika AnderssonCirio AdvokatbyråStockholm

Eva HäggMannheimer SwartlingStockholm

TA IWANPatricia LinLee and LiTaipei

T H A I L A N DPornpan ChayasuntornLinklatersBangkok

Veeranuch ThammavaranucuptWeerawong C&PBangkok

UN I T E DK I N G DOMFarmida BiNorton Rose FulbrightLondon

Vanessa K BlackmoreSullivan & CromwellLondon

Melissa ButlerWhite & CaseLondon

Kathryn A CampbellSullivan & CromwellLondon

Delphine CurrieReed SmithLondon

Jennifer M EngelhardtLatham & WatkinsLondon

Dorothee Fischer-AppeltGreenberg TraurigLondon

Kate GibbonsClifford ChanceLondon

Lena HodgeBrown RudnickLondon

Elaine KeatsLinklatersLondon

Lene MalthasenLatham & WatkinsLondon

Anna-Marie SlotAshurstLondon/Hong Kong

UN I T E D S TAT E SCatherine M ClarkinSullivan & CromwellNew York

Lisa A FontenotBaker McKenziePalo Alto

Michelle GasawaySkadden Arps Slate Meagher & FlomLos Angeles

Suzanne K HanselmanBakerHostetlerCleveland

Gillian A HobsonVinson & ElkinsHouston

Hillary HolmesGibson Dunn & CrutcherHouston

Sophia HudsonKirkland & EllisNew York

Valerie Ford JacobFreshfields Bruckhaus DeringerNew York

Deanna L KirkpatrickDavis Polk & WardwellNew York

Stewart McDowellGibson Dunn & CrutcherSan Francisco

Cathleen E McLaughlinPaul HastingsNew York

Courtenay Myers LimaLatham & WatkinsNew York

Andrea L NicolásSkadden Arps Slate Meagher & FlomNew York

Francesca L OdellCleary Gottlieb Steen & HamiltonNew York

Lesley PengSimpson Thacher & BartlettNew York

Anna T PinedoMayer BrownNew York

Faiza N RahmanWeil Gotshal & MangesNew York

Roxane F ReardonSimpson Thacher & BartlettNew York

Sarah K SolumFreshfields Bruckhaus DeringerMenlo Park

Joanne SoslowMorgan Lewis & BockiusPhiladelphia



COMM E R C I A L A R B I T R AT I ON

Feature for:

US, by Sarah Biser of Fox Rothschild 34


COMMERCIAL ARBITRATION THOUGHT LEADERSHIP


US Supreme Court declines toreview whether the FederalArbitration Act forecloses public-policy challenges to arbitrationawards Sarah BiserFox RothschildNew York

For the second time in four years, the US Supreme Court has declinedto resolve an arbitration-related issue that state and federal courtshave been wrestling with over the last decade: whether the Federal Ar-bitration Act (“FAA”) precludes courts from invoking public policy asa ground for refusing to enforce arbitration awards. While public pol-icy challenges to arbitration awards have a long history, some stateand federal courts have interpreted a 2008 Supreme Court decisionentitled Hall Street Assocs. v. Mattel, Inc., 552 US 576 (2008), as fore-closing such challenges in arbitrations governed by the FAA.In June 2021, the Supreme Court denied a petition for a writ of

certiorari to review a decision of the Nebraska Supreme Court holdingthat, under Hall Street, courts may not vacate awards on public policygrounds in arbitrations governed by the FAA.1 The Court declined toreview a similar ruling by the Texas Court of Appeals four years ear-lier.2 That means the issue will likely remain a point of contention instate and federal courts.Congress enacted the FAA nearly a century ago to replace judicial op-

position to arbitration with a national policy favoring arbitration andplacing arbitration agreements on equal footing with other contracts.The Act, which applies to all contracts involving commerce, except cer-tain collective bargaining agreements, provides expedited judicial reviewto confirm, vacate, or modify arbitration awards. Under Section 9 of theFAA, a court “must” confirm an award “unless” it is vacated, modified, orcorrected “as prescribed” in Sections 10 and 11. Section 10 lists groundsfor vacating an award, including where the award was procured by “cor-ruption,” “fraud,” or “undue means,” and where the arbitrators were“guilty of misconduct,” or “exceeded their powers.”Prior to the Supreme Court’s decision in Hall Street, courts generally

permitted challenges to arbitration awards on public-policy grounds,although they interpreted that ground narrowly. It applied only if anaward was contrary to “some explicit policy” that is “well defined anddominant” and ascertained “by reference to the laws and legal prece-dents.”3 The doctrine “derives from the basic notion that no court willlend its aid to one who founds a cause of action upon an immoral or il-legal act, and is further justified by the observation that the public’s in-terests in confining the scope of private agreements to which it is not aparty will go unrepresented unless the judiciary takes account of thoseinterests when it considers whether to enforce such agreements.”4

In Hall Street, the Supreme Court considered whether parties couldcontractually agree to vacate an award on grounds not set forth in Sec-tion 10 of the FAA —specifically, by agreeing that a court could vacatean award where the arbitrator’s findings of facts are not supported bysubstantial evidence or where the arbitrator’s conclusions of law are er-roneous. In a 6-3 decision authored by Justice Souter, the Court ruledthat parties could not contractually expand the scope of review in anFAA arbitration. Rather, the Court held, Sections 10 and 11 “provide theFAA’s exclusive grounds for expedited vacatur and modification.”Although Hall Street did not address a challenge to an arbitration

award on public policy grounds and did not mention that issue, somecourts have interpreted its holding that the statutory grounds for va-catur are the “exclusive” grounds permitted under the FAA as foreclos-ing other judicially created grounds, including the ground that anaward violates public policy. Thus, for example, the U. S. Court of Ap-peals for the 11th Circuit has held that “our judicially-created basesfor vacatur are no longer valid in light of Hall Street.”5 The highestcourts in Alabama, Florida, and Nebraska have ruled the same way.6

In contrast, the US Court of Appeals for the 7th Circuit ruled thatHall Street “did not overrule Eastern Associated Coal or W.R. Grace,


THOUGHT LEADERSHIP COMMERCIAL ARBITRATION


both of which recognized a public policy exception to the general pro-hibition on overturning arbitrator awards.”7 Similarly, the US Courtof Appeals for the 9th Circuit recently stated that “a court may vacatean arbitration award that is contrary to public policy.”8

In light of the fact that Hall Street did not expressly address theissue of public-policy challenges to arbitration awards, parties willlikely continue to litigate whether the Court intended to foreclose thatpreviously well-established basis for challenging awards—except injurisdictions like Alabama, Florida, Nebraska, and the 11th Circuit,

where the courts have already decided the issue. Parties may alsoargue that such a broad reading of Hall Street conflicts with Section 2of the FAA, which provides that agreements to arbitrate shall be validand enforceable, “save upon such grounds as exist at law or equity forthe revocation of any contract”—because courts have long held thatagreements that are contrary to public policy are void and unenforce-able.9 The Supreme Court may be unlikely to review the issue, how-ever, unless and until more circuit courts and state supreme courtsexamine it and come to different conflicting conclusions.

1 See Seldin v. Estate of Silverman, 2021 WL 1951803 (May 17, 2021).2 See Parallel Networks, LLC v. Jenner & Block LLP, 137 S. Ct. 2176 (2017).3 Cole v. Burns Int’l Sec. Servs., 105 F.3d 1465, 1486 (D.C. Cir. 1997) (quoting United Paperworkers Int’l Union v. Misco, Inc., 484 U.S. 29, 43 (1987)).4 United Paperworkers, 484 U.S. at 42.5 Frazier v. CitiFinancial Corp., 604 F.3d 1313, 1324 (11th Cir. 2010). 6 See Cavalier Mfg., Inc. v. Gant, 143 So. 3d 762, 768-69 & n.5 (Ala. 2013); Visiting Nurse Ass’n of Fla., Inc. v. Jupiter Med. Ctr.,Inc., 154 So. 3d 1115, 1128, 1132 (Fla. 2014); Seldin v. Estate of

Silverman, 305 Neb. 185, 206-07 (2020). 7 Titan Tire Corp. of Freeport, Inc. v. United Steel Workers Int’l Union, 734 F.3d 708, 717 n.8 (7th Cir. 2013) (citing Eastern Assoc. Coal Corp. v. United Mine Workers, 531 U.S. 57 (2000), and

W.R. Grace & Co. v. Local Union 759, 461 U.S. 757 (1983). 8 DeMartini v. Johns, 693 F. App’x 534, 537 (9th Cir. June 7, 2017).9 See United States v. Bonanno Organized Crime Family, , 879 F.2d 20, 28 (2d Cir. 1989) (“[I]llegal agreements, as well as agreements contrary to public policy, have long been held to be

unenforceable and void.”).


COMMERCIAL ARBITRATION ATTORNEY BIOGRAPHIES

Nadia Darwazeh is a Partner and Head of Arbitration of Clyde & Co’sParis office.

Nadia has extensive experience acting as counsel and sitting asarbitrator in commercial and investor-state arbitrations. Before joiningClyde & Co, Nadia practiced for two decades in the InternationalArbitration Groups of leading international law firms in Paris,Shanghai, Frankfurt and London and as Counsel at the ICC, where sheheaded up the Europe, Middle East and Africa team.

Nadia is dual-qualified in England & Wales (Solicitor-Advocate) andGermany (Rechtsanwältin). She earned her LLM in InternationalPublic Law from the University of Cambridge and her LLB from theUniversity of Warwick. She conducts arbitrations in French, Germanand English and speaks Dutch and Mandarin Chinese.

Nadia Darwazeh Clyde & Co 134 Boulevard Haussmann75008 ParisFranceTel: (33) 1 44 43 88 90Email: [email protected]: www.clydeco.com

F R AN C E

Ms Ritu Bhalla is a senior Partner at the Firm and in the capacity of a co-chair of the practice group, oversees the Firm’s practice in corporatecommercial litigation, arbitrations and regulatory litigation. She specialisesin Mergers, Public & Administrative Judicial Review, Insolvency-relatedDisputes, Shareholder Disputes, Domestic and International CommercialArbitrations, Corporate and Commercial Litigation, Banking and Finance,Infrastructure Litigation including Building Contracts, White CollarCrimes and Extradition-related Action. She has extensively representedmultinational as well as domestic shareholders in their inter se disputes injoint ventures, including Board room strategies.

For over two and a half decades, Ritu has been a focal point in the firm’slitigation practice and has worked on many fiercely contested mattersacross jurisdictions including before the Supreme Court of India, HighCourts of various States, and other Specialised Quasi-Judicial Tribunals.Her strength in litigation rests on her ability to formulate and executelegally sound and tactical strategies on behalf of major multinationals,domestic corporates, banks, public enterprises, commercial and financialinstitutions involved in complex disputes.

Ritu successfully represented the majority shareholders of a JapaneseCompany in a one of its kind case of oppression by minority shareholders,before National Company Law Tribunal, Mumbai. She represents theinvestment arm of the Russian Federation in an ongoing InternationalCommercial Arbitration and has successfully obtained an Interim Awardof INR 135 crores (approx.) in favour of her client. She has been a part ofseveral marquee cases representing TATA, Getit Info Services Pvt. Ltd.,Biological E Ltd., ETA Group of Dubai, IL&FS Transportation NetworksLimited, Navyuga Engineering Company Limited, Indian Oil Corporationand Indian Paints Association et al and was part of the team advising theGovernment appointed Board of Satyam Computer Services Ltd. (SCSL)following the confession of its promoter and was actively involved in theproceedings involving SCSL before the Company Law Board.

Ritu’s deep involvement with commercial litigation and arbitration goesbeyond courts and tribunals and extends to formulating valued litigationstrategy. Ritu has been associated with conferences and seminars oncontemporary legal issues and is an active member of the Supreme CourtBar Association and Delhi High Court Bar Association.

RecognitionRitu has been ranked in Band 2 for Dispute Resolution by Chambers AsiaPacific 2017-20, which states, “Ritu Bhalla advises domestic andinternational clients on a wide spectrum of contentious matters, includingprivate equity, restructuring, joint venture and shareholder disputes. She isalso adept at handling arbitration proceedings.” Chambers and Partners2018 quotes, “Ritu Bhalla has a stellar reputation in the arbitration andlitigation circle and regularly acts on private equity, restructuring, jointventure and shareholder disputes for both domestic and internationalclients.”

She was also been Recognised as the ‘Best in Commercial Arbitration’ atEuromoney Legal Media Group Asia Women in Business Law awards2019, and ranked as a Distinguished Practitioner by Asialaw Profiles, 2019and 2020.

Ritu BhallaShardul Amarchand Mangaldas & CoAmarchand Towers216 Okhla Industrial Estate, Phase IIINew Delhi – 110020IndiaTel: (91) 98100 01475Email: [email protected]: www.AMSShardul.com

I N D I A


ATTORNEY BIOGRAPHIES COMMERCIAL ARBITRATION

Adedoyin Oyinkan Rhodes-Vivour, SAN is the founding partner ofDoyin Rhodes-Vivour & Co, a firm of solicitors, advocates andarbitrators. The firm specializes in providing corporate commercial,litigation and arbitration/ADR services. Adedoyin is a charteredarbitrator and fellow of the Chartered Institute of Arbitrators and is activein international arbitration. She holds an International Practice Diplomain Arbitration. She is a CEDR [UK] accredited mediator. She is a memberof the International Chamber of Commerce (ICC) International Court ofArbitration and a member of the ICC Commission on Arbitration &ADR. She is a Vice-President of the London Court of InternationalArbitration African Users’ Council. She was a member of the Court of thePermanent Court of Arbitration (PCA), The Hague, Netherlandspursuant to her nomination by Nigeria (2010 – 2016). She is a memberof the world bank group sanctions Board.

Adedoyin was educated at the University of Lagos [LLB Hons], Universityof Lagos [LLM] and King’s College London, University of London [M.A,International Peace & Security], graduating in 1980, 1986, and 2002,respectively. She is a barrister and solicitor of the Supreme Court ofNigeria [admitted in 1981] and was elevated to the privileged rank ofSenior Advocate of Nigeria (equivalent to a Queen’s Counsel) in 2019.She is a Notary Public of Nigeria. She is a member of the Nigerian BarAssociation, International Bar Association, Chartered Institute ofArbitrators, and International Council for Commercial Arbitration.

She has practiced law for nearly four decades and conducts arbitrationextensively both domestically and internationally in various disputesacross a wide range of industries including corporate, construction,infrastructure projects, energy, maritime, banking and finance andinvolving complex issues. She has acted as counsel in various arbitrationproceedings and has received various recognitions including listing byAfrica Arbitration Academy as one of the Africa’s 30 Arbitration Powerlistof the year 2020, distinguished Arbitrator of the Year 2020 by ArbitratorIntelligence and recognised in Who is Who Legal, Expert Guides andWomen in Business Law (Commercial Arbitration) as a top commercialArbitration Practitioner.

Adedoyin has conducted arbitrations under various rules includingLCIA, ICC and UNCITRAL. She is listed on various arbitration panelsincluding the Panel of the Chartered Institute of Arbitrators [UK],London Court of International Arbitration database of neutrals (LCIA),International Centre for Dispute Resolution [ICDR], SingaporeInternational Arbitration Centre [SIAC], Dubai International ArbitrationCentre [DIAC] Kigali International Arbitration Centre [KIAC SchenzhenInternational Arbitration Centre [SCIA] Maritime ArbitratorsAssociation of Nigeria [MAAN], Asian International Arbitration Centre(previously known as Kuala Lumpur Regional Centre for Arbitration),Lagos Regional Centre for International Commercial Arbitration. She islisted on the Panel of Neutrals of the Lagos and Abuja Multi-doorCourthouses.

Adedoyin Oyinkan Rhodes-Vivour, SANDoyin Rhodes-Vivour & Co9, Simeon Akinlonu CrescentOniru Private Estate, Victoria IslandExtension, Lagos, NigeriaTel: (234) 08034173455Email: [email protected];

[email protected]: www.drvlawplace.com

N I G E R I A

Anne-Carole Cremades is a counsel in Schellenberg Wittmer’sinternational arbitration group in Geneva. She specialises ininternational commercial arbitration and investment arbitration.

Anne-Carole has acted as counsel before international arbitraltribunals in a broad range of disputes involving inter alia oil and gascontracts, joint venture agreements, share purchase agreements, salesand distribution contracts, international construction contracts as wellas investment disputes between states and foreign investors. She hashandled arbitrations under the rules of ICC, UNCITRAL, ICSID, SCAIand before the PCA, in English, French and Spanish.

Anne-Carole has also represented parties before the Swiss SupremeCourt in proceedings related to challenges of arbitral awards renderedboth in commercial and investment arbitrations. Anne-Caroleregularly sits as arbitrator.

Examples of Anne-Carole’s expertise in recent arbitration mattersinclude representation of the Russian Federation in several investmenttreaty cases; representation of a North-African state-owned companyin a dispute relating to a water desalinisation plant and project financeissues; representation of a Qatari company in a dispute regarding thetermination of a subcontract for the construction of an airport in theMiddle East and representation of a Turkish company in a disputeregarding manufacturing of consumer electronics.

Prior to joining Schellenberg Wittmer, Anne-Carole worked as anassociate in a renowned Paris law firm. Additionally, she was a teachingassistant in contract law at the University of Paris and a trainee lawyerin a Madrid based-law firm.

Anne-Carole Cremades is a member of several professionalassociations, including the Spanish Club of Arbitration (CEA), theComité Français de l’Arbitrage (CFA), the Swiss ArbitrationAssociation (ASA) and ICDR Young & International. She is formerpresident of the Swiss chapter of the Spanish Club of Arbitration(CEA). Anne-Carole has authored various publications oninternational arbitration issues and regularly speaks at arbitrationconferences.

Anne-Carole Cremades Schellenberg Wittmer15bis, rue des AlpesPO Box 20881211 GenevaSwitzerlandTel: (41) 22 707 8000Email: [email protected]: www.swlegal.ch




Anya George is a partner in Schellenberg Wittmer’s dispute resolutiongroup in Zurich. Her practice focuses on international commercial andinvestment arbitration. She represents states, state-owned entities andprivate companies in complex multi-jurisdictional disputes across awide range of sectors, with particular emphasis on insurance andreinsurance, energy, commodities and manufacturing and salesagreements.

Anya has acted in over 50 arbitrations under the ICC, LCIA, CAS,UNCITRAL and Swiss Rules and in ad hoc proceedings. Anya hasspecial expertise in arbitration-related litigation, includingenforcement and setting-aside proceedings before the Swiss SupremeCourt, in both French and German. She also advises clients on businessand human rights issues.

Examples of Anya’s recent matters include: representing amultinational insurance company in a suite of multi-million-dollararbitrations; representing a group of PV investors in setting-asideproceedings before the Swiss Supreme Court in a dispute with theKingdom of Spain; and representing the Russian Federation in achallenge to a jurisdictional award before the Swiss Supreme Courtarising out of a “second wave” Yukos arbitration.

Anya is trilingual (English/French/German) and dual-qualified as aSwiss attorney and a solicitor of England and Wales. She is a co-chairof the LCIA’s Young International Arbitration Group (YIAG) and anassociate of the Chartered Institute of Arbitrators. Anya speaks andpublishes regularly on a variety of international arbitration topics.

Anya GeorgeSchellenberg WittmerLöwenstrasse 19PO Box 22018021 ZurichSwitzerlandTel: (41) 44 215 5252Email: [email protected]: www.swlegal.ch


Dr Anna Kozmenko is a partner in Schellenberg Wittmer’s disputeresolution group in Zurich. She represents states, state-owned andprivate companies as well as individuals in high profile internationaldisputes, including complex litigations, commercial and investmentarbitrations as well as sports disputes. She also regularly sits asarbitrator.

Anna’s experience includes over 70 arbitrations, both ad hoc andinstitutional (under the ICC, LCIA, SCC, VIAC, AAA/ICDR, DIS,ICAC, CAS, UNCITRAL, PCA, ICSID, ICSID Additional Facility andSwiss rules), at various seats and under a broad range of applicablelaws.

Anna’s recent notable matters include: representation of the RussianFederation in several investment arbitration matters and set asideproceedings before the Swiss Supreme Court; representation, beforethe CAS, of 39 athletes who had been wrongly banned for life from theOlympic Games amid allegations of a systematic doping schemearound the Sochi Olympic Games; representation of the RussianAntidoping Agency in a dispute against the World Anti-DopingAgency; and the successful defense of GazpromNeft PJSC before aSwiss court against the European Bank for Reconstruction andDevelopment.

Anna is an adjunct professor of law at the University of ArkansasSchool of Law, where she teaches international commercial arbitration.She is also a visiting Lecturer at the Lomonosov Moscow StateUniversity, the Moscow State Institute of International Relations, andthe National Research University Higher School of Economics. Shewas, until recently, co-chair of ICDR Young & International. Anna wasnamed as “top arbitration practitioner” by the Russian ArbitrationAssociation every year from 2014 to 2018.

Prior to joining Schellenberg Wittmer, Anna practiced at a leadinginternational law firm in Paris and New York. She graduated with thehighest honours from Peoples’ Friendship University of Russia (BA,MA and doctorate degrees) and obtained an LL.M. degree ininternational dispute settlement from the University of Geneva(MIDS).

Anna KozmenkoSchellenberg WittmerLöwenstrasse 19PO Box 22018021 ZurichSwitzerlandTel: (41) 44 215 5252Email: [email protected]: www.swlegal.ch



ATTORNEY BIOGRAPHIES COMMERCIAL ARBITRATION

Abby Cohen Smutny is Global Head of White & Case’s world-leadingInternational Arbitration Practice. She is widely recognized as one ofthe top international arbitration practitioners globally.

Her clients include multi-national corporations as well as sovereignStates. She handles matters in a wide range of industries includingbanking & financial services, oil & gas, mining & metals, power, realestate development, water supply, retail, pharmaceuticals, construction,tobacco, railroads, telecommunications and manufacturing.

Abby handles both commercial and in investment treaty cases andserves as counsel in arbitrations before all major arbitral fora includingICSID, ICC, HKIAC, VIAC, LCIA, ICDR, SIAC, PCA, and SCC, as wellas in UNCITRAL ad hoc arbitrations.

Abby’s leadership positions have included: Chair of the Institute ofTransnational Arbitration (ITA); Vice President of the AmericanSociety of International Law; President of LCIA North American UsersCouncil; AAA Advisory Board Member; IBA Arbitration CommitteeVice Chair and Chair of IBA Investment Treaty Sub Committee; ALIAdviser on US Restatement on International Arbitration; co-Chair ofthe ICCA Task Force on Standards of Practice in InternationalArbitration; Chair International Law Section of Washington DC Bar.Abby is a member of the Singapore International Arbitration CentreCourt.

Recent representations include:

• Gabriel Resources Ltd. in an ICSID arbitration of investment treatyclaims against Romania relating to one of the largest undevelopedgold mine projects in the world.

• The Republic of Bulgaria in numerous arbitrations over a range ofindustries including power (electricity and renewables) and realestate (commercial and residential).

• The Kingdom of Saudi Arabia in two ICSID arbitrations, onearising out of a construction project and the other arising out of adispute involving luxury retail stores.

• Gold Reserve Inc. in an ICSID arbitration relating to one of thelargest undeveloped gold/copper deposits in the world, in whichGold Reserve was awarded US$740 million.

• Leading Czech bank Ceskoslovenská obchodní banka, a. s. in anICSID arbitration with the Slovak Republic, in which the bank wasawarded US$877 million.

Abby Cohen SmutnyWhite & Case LLP701 Thirteenth Street NorthwestWashington, DC 20005-3807USTel: (1) 202 626 3608Email: [email protected]: www.whitecase.com


Carolyn Lamm is Co-Head of White & Case’s International Arbitrationpractice in the Americas. She regularly serves as lead counsel in high-stakes, cutting-edge cases, successfully resolving significantinternational arbitrations involving international corporations andsovereign clients. She also serves as lead counsel in arbitration-relatedlitigation and international trade proceedings.

She advises clients in matters with ICSID and its Additional Facility,and other international arbitral proceedings involving States, andcommercial arbitral fora including AAA/ICDR, ICC, Vienna Centre,Stockholm Chamber, Swiss Chamber and in federal court litigation.

She is the Distinguished Faculty Chair at the University of MiamiSchool of Law in the White & Case LLM program in InternationalArbitration, where she teaches International Investment Arbitrationand is a member of the Board of Trustees of the University. Carolyn isalso a fellow at the American College of Trial Lawyers.

Carolyn was appointed by President Clinton to the US Panel and laterby the Government of Uzbekistan to the Uzbek Panel of Arbitrators forICSID arbitration. She was a member of the American ArbitrationAssociation Executive Committee and Board, and is currentlyPresident of the American Bar Endowment, a member of the ICCAGoverning Board, an Emeritus member of the Council of theAmerican Law Institute, and has served as an arbitrator in AAAInternational Rules, ICDR, SIAC, ICSID and NAFTA Chapter 11disputes. Carolyn is a founding member of the American UzbekistanChamber of Commerce and currently serves as Chairman of theBoard.

Carolyn is a past President of the District of Columbia Bar and theAmerican Bar Association and until recently, was the ABA’sRepresentative to the International Bar Association.

Prior to joining White & Case, she was employed by the USDepartment of Justice under the Attorney General’s Program forHonor Law Graduates and served as a trial attorney in the FraudSection, Civil Division, before obtaining the position of AssistantDirector, Commercial Litigation Branch, Civil Division.

Carolyn received her JD from the University of Miami School of Lawand her BA in Exceptional Education and English minor from StateUniversity of New York College at Buffalo.

Carolyn Lamm White & Case LLP701 Thirteenth Street NorthwestWashington, DC 20005-3807USTel: (1) 202 626 3605Email: [email protected]: www.whitecase.com




Ank Santens is a partner in White & Case’s International ArbitrationPractice, and heads the Firm’s Americas Disputes Section. She serves ascounsel or arbitrator in commercial, investment, and constructionarbitrations around the world, under all major internationalarbitration rules as well as under ad hoc and regional rules. Ank’sindustry focus includes energy, including oil, gas, electricity andrenewables, infrastructure, mining, insurance, telecommunications,pharmaceutical, and financial services.

She advises corporate clients on a wide range of commercial disputes,post-M&A disputes, and disputes concerning joint ventures and othershareholder arrangements. On the sovereign side, she advises oninvestment treaty disputes and oil and gas concession disputes. Ankalso regularly advises on the drafting of dispute resolution clauses ininternational contracts. She has a track record of obtaining an earlyresolution through creative strategies and the use of negotiation andmediation.

Ank is a Court Member of the London Court of InternationalArbitration, and a member of the Board of the International Institutefor Conflict Prevention & Resolution (CPR), Delos DisputeResolution, and the New York International Arbitration Center(NYIAC). She is the Vice Chair and Chair-elect of the ExecutiveCommittee of the Foundation for International Arbitration Advocacy(FIAA) and a member of the Executive Committee of the Institute forTransnational Arbitration (ITA). She also serves on the advisory boardof the Arbitration Foundation of Southern Africa (AFSA) and theEditorial Committee of International Arbitration Case Law.

Ank is on the IEL Energy Arbitrators List and the arbitrator panels ofthe ICDR (American Arbitration Association), CPR, the Câmara deConciliação, Mediação e Arbitragem CIESP/FIESP (Sao Paulo, Brazil),and the Lagos Court of Arbitration (Nigeria).

Ank is strongly committed to community service. She is a past chairof White & Case’s New York’s Women’s Network, and serves on theBoard of International Senior Lawyers Project (ISLP), an internationalpro bono organization, and of her children’s school, the French-American School of New York. She helped Haiti build a culture ofinternational arbitration as part of the country’s efforts to rebuild andattract foreign investment, and has recently advised an African countrypro bono on its new arbitration legislation.

Ank received her LL.M from Columbia University and her Master inLaw from KU Leuven in Belgium.

Recent matters include representing:

• The investors in an ICSID claim against Argentina concerning thenationalization of the country’s private pension system.

• The Republic of Bulgaria in a number of arbitrations across varioussectors including power and waste collection.

• The Kingdom of Saudi Arabia in two ICSID claims brought byinvestors in the retail and power/construction sectors.

• Pension funds in ICC arbitrations arising out of a shareholderdispute in relation to a joint venture for construction infrastructureprojects in Latin America.

Ank SantensWhite & Case LLP1221 Avenue of the AmericasNew York, NY 10020-1095USTel: (1) 212 819 8599Email: [email protected]: www.whitecase.com



EXPERT LISTINGS COMMERCIAL ARBITRATION

AU S T R A L I AGitanjali BajajDLA PiperSydney

Jo DelaneyHFWSydney

Bronwyn LincolnCorrs Chambers WestgarthMelbourne

Daisy MallettKing & Wood MallesonsSydney

B E L G I UMNiuscha BassiriHanotiau & van den BergBrussels

B R A Z I LAna Tereza BasilioBasilio AdvogadosRio de Janeiro

Eleonora CoelhoEleonora Coelho AdvogadosSão Paulo

Selma Maria Ferreira LemesSelma Lemes AdvogadosSão Paulo

Adriana Noemi PucciAdriana Noemi Pucci Sociedade deAdvogadosSão Paulo

C ANADALauren TomasichOsler Hoskin & HarcourtToronto

C H I N AHelen ChenPinsent MasonsBeijing

Jessica FeiKing & Wood MallesonsBeijing/Hong Kong

Helen H ShiFangda PartnersBeijing

Huawei SunZhong Lun Law FirmBeijing

Xueyu YangHui Zhong Law FirmBeijing

Ariel YeKing & Wood MallesonsShenzhen

CO L OM B I AClaudia Benavides GalvisBaker McKenzieBogotá

C Z E C HR E P U B L I CKarolina HorakovaSkilsPrague

DOM I N I C ANR E P U B L I CFabiola Medina GarnesMedina Garrigó AbogadosSanto Domingo

F I N L AN DGisela KnutsRoschierHelsinki

Heidi Merikalla-TierMerilampiHelsinki

Carita Wallgren-LindholmLindholm WallgrenHelsinki

F R AN C EClaudia AnnackerCleary Gottlieb Steen & HamiltonParis

Yas BanifatemiGailard Banifatemi Shelbaya DisputesParis

Emmanuelle CabrolAshurstParis

Nadia Darwazeh See bioClyde & CoParis

Gaëlle FilholBetto Perben Pradel FilholParis

Amy FreyKing & SpaldingParis

Jennifer KirbyKirbyParis

Maria KostytskaWinston & StrawnParis

Carole MalinvaudGide Loyrette NouelParis

Nathalie Meyer-FabreMeyer Fabre AvocatsParis

Isabelle MichouQuinn Emanuel Urquhart & SullivanParis

Marie StoyanovAllen & OveryParis

Annet van Hooftvan HooftParis

Melanie van LeeuwenDerains & GharaviParis


COMMERCIAL ARBITRATION EXPERT LISTINGS

G E RMAN YAlice BroichmannAllen & OveryMunich

Ulrike GantenbergGantenberg Dispute ExpertsDüsseldorf

Inka HanefeldHanefeld RechtsanwälteHamburg

Sabine KonradMorgan Lewis & BockiusFrankfurt am Main

Annett KuhliKantenweinMunich

Anke MeierNoerrFrankfurt am Main

Patricia NacimientoHerbert Smith FreehillsFrankfurt am Main

G R E E C EAntonias DimolitsaA. Dimolitsa & AssociatesAthens

HONG KONGS A RChiann BaoArbitration ChambersHong Kong

Sally A HarpoleSally Harpole & CoHong Kong

Kim M RooneyGilt ChambersHong Kong

Kathryn SangerHerbert Smith FreehillsHong Kong

May TaiHerbert Smith FreehillsHong Kong

I N D I ARitu Bhalla See bioShardul Amarchand Mangaldas & CoNew Delhi

Ila KapoorShardul Amarchand Mangaldas & CoNew Delhi

Pallavi ShroffShardul Amarchand Mangaldas & CoNew Delhi

J A PANYoshimi OharaNagashima Ohno & TsunematsuTokyo

K A Z A K H S TANAigoul KenjebayevaDentonsAlmaty

L E B ANONNayla Comair-ObeidObeid Law FirmBeirut

Nada SaderDerains & GharaviBeirut

L I T H U AN I AVilija Vaitkutė PavanEllex ValiunasVilnius

MA L AY S I AK Shanti MoganShearn Delamore & CoKuala Lumpur

M E X I C OGabriela Alvarez-AvilaDLA Piper Gallastegui y LozanoMexico City

Kate Brown de VejarDLA Piper Gallastegui y LozanoMexico City

Elsa OrtegaOrtega & Gómez Ruano LawyersMexico City

N E T H E R L AN D SAlexandra SchluepSSHJ AdvocatenAmsterdam

Mirjam van de Hel-KoedootNautaDutilhAmsterdam

Marieke van HooijdonkAllen & OveryAmsterdam

N I G E R I AFunke Adekoya SANÆLEXLagos

Adedoyin Rhodes-Vivour SAN See bioDoyin Rhodes-Vivour & CoLagos

Dorothy Udeme Ufot SANDorothy Ufot & CoLagos

P E R UAna Maria ArrarteEstudio EchecoparLima

María del Carmen TovarEstudio EchecoparLima

P O L AN DBeata Gessel-Kalinowska vel KaliszGesselWarsaw

Monika HartungWardyński & PartnersWarsaw


EXPERT LISTINGS COMMERCIAL ARBITRATION

ROMAN I ACrenguta LeauaLeaua Damcali Deaconu PaunescuBucharest

Sorina OlaruNestor Nestor Diculescu KingstonPetersenBucharest

S I N G A PO R ESheila AhujaAllen & OverySingapore

Elodie DulacKing & SpaldingSingapore

Brenda HorriganIndependent ArbitratorSingapore

Swee Yen KohWongPartnershipSingapore

Amanda LeesKind & Wood MallesonsSingapore

Wendy LinWongPartnershipSingapore

Loretta Malintoppi39 Essex ChambersSingapore

S O U T H K O R E ASae Youn KimKim & ChangSeoul

Sungjean SeoKim & ChangSeoul

S PA I NMercedes FernándezJones DayMadrid

SW I T Z E R L A N DDomitille BaizeauLALIVEGeneva

Anne-Carole Cremades See bioSchellenberg WittmerGeneva

Sandra De Vito BieriBratschiZurich

Anya George See bioSchellenberg WittmerZurich

Teresa GiovanniniLALIVEGeneva

Nadja Jaisli KullBär & KarrerZurich

Gabrielle Kaufmann-KohlerLévy Kaufmann-KohlerGeneva

Anna Kozmenko See bioSchellenberg WittmerZurich

Tanya LandonSidley AustinGeneva

Vanessa A Liborio Garrido de SousaOrrick Herrington & SutcliffeGeneva

Melissa MaglianaLALIVEZurich

Andrea MeierWalder WyssZurich

Gabrielle Nater-BassHomburgerZurich

Mariella OrelliHomburgerZurich

Anne Véronique SchläpferWhite & CaseGeneva

Dorothée SchrammSidley AustinGeneva

Nathalie Voserrothorn legalZurich

Rabab YasseenMENTHAGeneva

TA IWANLillian ChuTsar & TsaiTaipei

T U R K E YUtku CoşarCoşar Avukatlık BürosuIstanbul

U K R A I N EIrina NazarovaEngardeKyiv

Olena PerepelynskaIntegritesKyiv

UN I T E DK I N G DOMRajinder BassiKirkland & EllisLondon

Philippa CharlesStewarts LawLondon

Lorraine de GerminyLALIVELondon

Judith Gill QCTwenty EssexLondon

Hilary Heilbron QCBrick Court ChambersLondon


COMMERCIAL ARBITRATION EXPERT LISTINGS

Paula Hodges QCHerbert Smith FreehillsLondon

Sophie Lamb QCLatham & WatkinsLondon

Penny Madden QCGibson Dunn & CrutcherLondon

Andrea MenakerWhite & CaseLondon

Wendy J Miles QCTwenty EssexLondon

Karyl Nairn QCSkadden Arps Slate Meagher & FlomLondon

Sophie Nappert3 Verulam BuildingsLondon

Sylvia NouryFreshfields Bruckhaus DeringerLondon

Lindy Patterson QC39 Essex ChambersLondon

Sherina PetitNorton Rose FulbrightLondon

Deborah RuffPillsbury Winthrop Shaw PittmanLondon

Sarah Z VasaniAddleshaw GoddardLondon

Angeline WelshEssex Court ChambersLondon

UN I T E D S TAT E SCatherine AmirfarDebevoise & PlimptonNew York

Julie BédardSkadden Arps Slate Meagher & FlomNew York

Marinn CarlsonSidley AustinWashington DC

Maria ChedidArnold & PorterSan Francisco

Marney CheekCovington & BurlingWashington DC

Abby Cohen Smutny See bioWhite & CaseWashington DC

Nicole DuclosCovington & BurlingNew York

Hagit Muriel ElulHughes Hubbard & ReedNew York

Érica FranzettiDechertWashington DC

Claudia Frutos-PetersonCurtis Mallet-Prevost Colt & MosleWashington DC

Gaela K Gehring FloresArnold & PorterWashington DC

Samaa A HaridiHogan LovellsNew York

Miriam K HarwoodSquire Patton BoggsNew York

Jennifer Haworth McCandlessSidley AustinWashington DC

Mélida HodgsonJenner & BlockNew York

Jean E KalickiIndependent ArbitratorNew York/Washington DC

Rachael D KentWilmerHaleWashington DC

Yasmine LahlouChaffetz LindseyNew York

Carolyn Lamm See bioWhite & CaseWashington DC

Noiana MarigoFreshfields Bruckhaus DeringerNew York

Caline MouawadChaffetz LindseyNew York

Jennifer PermeslySkadden Arps Slate Meagher & FlomNew York

Natalie L ReidDebevoise & PlimptonNew York

Ann Ryan RobertsonLocke LordHouston

Claudia T SalomonIndependent ArbitratorNew York

Ank Santens See bioWhite & CaseNew York

Edna SussmanSussman ADRNew York

Meg UtterbackKing & Wood MallesonsNew York

U R UGUAYSandra GonzálezFerrereMontevideo



COM P E T I T I O N AN D AN T I T R U S T


COMPETITION AND ANTITRUST ATTORNEY BIOGRAPHIES

Ms Wei has extensive experience in financial institutions, real estate,energy, telecommunications, retail, automobile, hi-tech and traditionalmanufacturing industries and represents various multinationalcompanies, Chinese companies, investment banks, and private equityfunds in their merger and acquisition transactions. She has providedadvice on various aspects of such projects including the design oftransaction structures, due diligence investigation, drafting and thenegotiation of complicated legal documents in connection with suchprojects. She has also advised many domestic and international clientsfrom different industries in corporate financing, commercialtransactions and general corporate matters since she joined the firm in1994. Ms Wei also has extensive experience in the private fundformation area and has represented various fund managers orinvestors in such deals.

Since the effectiveness of the PRC Anti-Monopoly Law, Ms Wei hasrepresented various multinational companies and Chinese companiesin their merger control filings, AML advice on cartel, and RPM as wellas AML compliance issues. Ms Wei has also led the team handlingmultiple government investigation cases initiated by AMLenforcement agencies in the area of Cartel, RPM and abuse ofdominant position.

Ms Wei represented multinational companies defending them in anti-trust litigations (including follow-on regarding RPM or abuse ofdominant position suite.)

With award of the first “Beijing Excellent Lawyers Returning fromOverseas Study”, Ms Wei was also frequently nominated andrecommended as a China leading lawyer in the Mergers andAcquisitions and/or Competition by IFLR 1000, EuroMoney LegalMedia Group, Legal 500, Who’s Who legal and the Asian authoritativelegal media–Asialaw Profiles.

Ms Wei worked at the Hong Kong office of Mallesons Stephen Jaquesfrom 2002 to 2003 where she advised clients on investment projects inChina as well as international transactions.

Ms Wei is the head of the Anti-trust & Competition Group of JunHe.

EducationLL.B., China University of Political Science and Law, 1993.LL.M., University of Michigan Law School, 2002

Professional AssociationsMember of the All-China Bar Association, the Beijing Bar Associationand the New York State Bar Association.

Language SkillsMandarin and English

Yingling WeiJUNHEChina Resources Building20th Floor 8 Jianguomenbei Avenue100005 BeijingChinaTel: (86) 10 8519 1380Email: [email protected]: www.junhe.com

C H I N A

Helen Kelly is a partner and head of the EU, Competition andRegulatory Law Group at Matheson. Helen has particular expertise inEU and Irish merger control work and has experience in dealing withlarge scale mergers and complex joint venture arrangements under theEU Merger Regulation as well as advising on Irish merger controlissues. Helen also advises on behavioural competition issues includingcartels and abuses of a dominant position. Helen has experience indealing with complex investigations including dawn raids by theEuropean Commission, the Consumer and Competition ProtectionCommission (CCPC) and other sectoral regulators as well as witnesssummons procedures by the CCPC. Helen has in-depth experience ofstate aid issues advising the State, recipients of aid and complainants.Helen also regularly advises on public procurement issues.

Helen KellyMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2466Email: [email protected]: www.matheson.com

I R E L A N D


ATTORNEY BIOGRAPHIES COMPETITION AND ANTITRUST

Setsuko Yufu is a senior partner at Atsumi & Sakai and is admitted tothe bar in Japan. She is a member of the managing committee of thefirm.

Setsuko heads the firm’s antitrust/competition team, advising oninternational and domestic antitrust/competition matters and cases.

Since 2016, she has served as a member of the Antitrust Policy Councilof the Japan Fair Trade Commission. She has also served as a boardmember of the Japan Competition Law Forum.

Setsuko was named Woman Lawyer of the Year at the 2017 ALB JapanLaw Awards and was inducted into the 2021 Legal 500 Asia Pacific Hallof Fame as a leading individual in antitrust/competition law. She wasranked as Thought Leaders Competition 2020 (Japan) by WWL andawarded the honour of Lawyer of the Year Japan in Client ServiceExcellence (2020) in asialaw. She was ranked as a leadingantitrust/competition lawyer by The Best Lawyers (2022) and as anotable practitioner by Chambers Asia Pacific (2021). She was listed inWho’s Who Legal: Competition, 2020 and Who’s Who Legal: Japan,2020. She was also highly recommended in GCR 100, 2021.

She obtained an LLB from Waseda University, Tokyo, and graduatedfrom the University of Amsterdam, Europa Instituut as the firstJapanese student to study EU law there.

Setsuko also is well-known for her extensive knowledge of EUcompetition law and until 2020 had acted as a board member of theEU Studies Association in Japan. She taught EU law at Keio UniversityLaw School and the Business Law Department of HitotsubashiUniversity Graduate School. She regularly publishes articles and bookson the subject.

She has been supported by Atsumi & Sakai’s policy to develop agender-neutral and equal-opportunity culture in its practice. In orderto encourage female attorneys and staff, the firm has a system in placeto fully support them before, during, and after childbirth. Additionally,the firm has implemented a sexual harassment policy withoutdistinction as to the victim’s gender.

These efforts to promote equality have been recognised by EuromoneyLegal Media Group, which named Atsumi & Sakai as the ‘Best Firm inJapan’ at its Asia Women in Business Law Awards, 2011. In 2015,Atsumi & Sakai was awarded the Daini Tokyo Bar Association’s first“Family Friendly Award”.

Setsuko YufuAtsumi & Sakai Fukoku Seimei Bldg, 2-2-2, UchisaiwaichoChiyoda-kuTokyo 100-0011 JapanTel: (81) 3 5501 1165Email: [email protected]: www.aplaw.jp

J A PAN

Monique Sturny is a partner at Walder Wyss. She advises companies onall aspects of competition law and distribution law matters, assiststhem in merger control proceedings and represents them inproceedings before competition authorities and courts. She hasextensive experience with respect to setting up of distribution systemsand negotiating complex cooperation agreements. She handles mattersacross a wide range of sectors, with particular in-depth knowledge inthe healthcare sector and with respect to legal issues relating to dataand the digital economy. She regularly speaks and publishes in herfields of expertise.

Monique Sturny was educated at the University of Fribourg (lic. iur.,2002, with special mentions «European Law» and «bilingual» German-French) and the London School of Economics and Political Science(LL.M. in International Business Law, 2007). She has written a doctoralthesis on the influence of EU law on the development of Swisscompetition law at the University of Berne (Dr. iur., summa cumlaude, 2013). Before joining Walder Wyss in 2013, she worked for amajor law firm in Zurich for several years. Monique Sturny is listed asa competition and distribution law expert in international rankingssuch as Chambers and Who’s Who Legal (Future Leader and NationalLeader), referring to her as “highly recommended” by peers and clientsalike who highlight her “strength in vertical agreements anddistribution law” and pointing out that she is “highly experienced”with a “remarkable facility for providing top-tier counsel on Swiss andEU law”.

In 2020, the Swiss Competition Commission appointed MoniqueSturny as Non-Governmental Advisor to the InternationalCompetition Network (ICN) for the coming three years. MoniqueSturny is a co-founder and board member of Women At CompetitionSwitzerland, a network connecting female competition lawprofessionals in Switzerland. In addition, she co-chairs the SchulthessJuristische Medien Ltd.’s conference on competition law.

Monique Sturny’s professional languages are German, English andFrench. She is registered with the Zurich Bar Registry and is admittedto practice in all of Switzerland.

Monique SturnyWalder WyssSeefeldstrasse 123P.O. Box8034 ZurichSwitzerlandTel: (41) 58 658 56 56Email: [email protected]: www.walderwyss.com



COMPETITION AND ANTITRUST ATTORNEY BIOGRAPHIES

The “extremely pragmatic” Rebecca Farrington “provides good marketcontext and communications in a way that clients can easily navigate.”Rebecca was recognized as “Best in Antitrust/Competition” by EuromoneyLMG Americas for 2019, “Retail, Consumer, Food & Beverage Dealmakerof the Year” by The Deal — Best of the Middle Market Awards for 2020,and is nationally ranked as one of nine “Leading Lawyers” by Legal 500 USfor 2021. Rebecca’s practice focuses on government merger and non-merger investigations, private antitrust litigation, and counseling onantitrust issues.

Rebecca has developed a significant track record defending proposed andconsummated mergers before the Federal Trade Commission and theDepartment of Justice. Clients she has assisted have operated in a broadspectrum of industries, including healthcare, food products, aviation,petroleum, coal, broadcasting, gaming, software, hardware, industrialproducts, energy and retail sales. She has secured numerous high-profilemerger clearances, such as:

• Saudi Aramco, the world’s largest oil producer, in its US$69 billionacquisition of SABIC, the fourth-largest petrochemical company in theworld;

• Newmont Mining Corporation in its US$10 billion acquisition ofGoldcorp Inc.;

• DIC Corporation and its US subsidiary Sun Chemical in its acquisitionof BASF’s global pigments business;

• Baxter International in US and Japan clearances for its US$350 millionacquisition of the Seprafilm adhesion barrier device business fromSanofi S.A.;

• Vertex Pharmaceuticals, Inc. in its acquisition of CTP-656, adevelopment-stage asset intended for the treatment of Cystic Fibrosis,from Concert Pharmaceuticals, Inc.;

Special purpose acquisition companies are big news, breaking records andcaptivating markets and media alike. Rebecca is on the forefront of thiswave, having provided antitrust advice on dozens of SPAC transactions.

Rebecca has also successfully defended non-merger investigations,including investigations of alleged market allocation and violations ofSection 8 of the Clayton Act, and has advocated for governmentintervention on behalf of parties adversely impacted by proposed mergers,or by anticompetitive conduct. In addition to her work in governmentinvestigations, Rebecca’s clients benefit from her extensive experienceadvising on issues relating to the Hart-Scott-Rodino AntitrustImprovements Act of 1976 (HSR Act), including proposed transactions’global premerger notification requirements. Her work in this area has alsoinvolved negotiating antitrust provisions in transaction agreements,developing client HSR Act training programs and compliance procedures,and representing clients in “failure to file” situations.

Rebecca Farrington White & Case LLP701 Thirteenth Street NorthwestWashington, DC 20005-3807USTel: (1) 202 626 3599Email: [email protected]: www.whitecase.com


Ilene Knable Gotts is a partner in the New York City law firm of Wachtell,Lipton, Rosen & Katz, where she focuses on antitrust matters, particularlyrelating to mergers and acquisitions. Recent transactions in which MrsGotts advised include CenturyLink/Level 3, Danone/WhiteWave Foods,Gaming and Leisure Properties/Pinnacle Entertainment, Faiveley/Wabtec,Charter/Time Warner Cable/Bright House, J.M. Smucker’s/Big Heart PetBrands, Publicis/Sapient, Essilor/PPG Industries, DeutscheTelekom/MetroPCS, ConAgra/Ralcorp, PPG Industries/Georgia Gulf,Aetna/Coventry and International Paper/Temple-Inland. Mrs Gotts isregularly recognized as one of the world’s top antitrust lawyers, includingbeing recognized in the 2006-2017 Editions of The International Who’sWho of Business Lawyers, as one of the top five global competition lawyers,in the first tier ranking of Chambers USA Guide, the “leading individuals”ranking of PLC Which Lawyer Yearbook, and the Antitrust Lawyer of theYear for 2016 by Best Lawyers, and Top Lawyer of the Year for 2017 byCablefax.

Mrs Gotts previously worked as a staff attorney in the Federal TradeCommission’s Bureaus of Competition and Consumer Protection. MrsGotts serves on the American Bar Association’s Board of Governors andis an officer of the IBA’s Competition Committee. From 2009-2010, sheserved as the Chair of the American Bar Association’s Section ofAntitrust Law. In 2006-2007, Mrs Gotts was the Chair of the New YorkState Bar Association’s Antitrust Section, which recognized her serviceto the antitrust bar with the Lifland Service Award in 2010; she has beena member of the American Law Institute for over 20 years. Mrs Gotts isa frequent guest speaker, has had approximately 200 articles publishedon antitrust related topics, and served as the editor of the ABA’s MergerReview Process book, Law Business Research’s Private CompetitionEnforcement Review (2008-2017 Editions) and Law Business Research’sMerger Control Review (2010-2016 Editions). She is a member of theeditorial board of The Antitrust Counselor, Antitrust Report, andCompetition Law International publications. Mrs Gotts is a member ofthe Lincoln Center Counsel’s Council. Mrs Gotts was named by the BTIConsulting Group as a BTI Client Service All-Star for her level ofdedication and commitment to exceptional client service.

Ilene Knable GottsWachtell, Lipton, Rosen & Katz51 West 52nd StreetNew York 10019USTel: (1) 212 403 1247Email: [email protected]: www.wlrk.com



EXPERT LISTINGS COMPETITION AND ANTITRUST

A RG EN T I N AMaria Viviana GuadagniQuevedo AbogadosBuenos Aires

AU S T R A L I AElizabeth AveryGilbert + TobinSydney

Liza CarverHerbert Smith FreehillsSydney

Gina Cass-GottliebGilbert + TobinSydney

Caroline CoopsKing & Wood MallesonsMelbourne

Fiona CrosbieAllensSydney

Jacqueline DownesAllensSydney

Lynsey EdgarBaker McKenzieSydney

Katrina GroshinskiMinterEllisonSydney

Laura HartleyAddisonsSydney

Belinda HarveyNorton Rose FulbrightSydney

Sharon HenrickKing & Wood MallesonsSydney

Lisa HuettKing & Wood MallesonsMelbourne

Carolyn OddieAllensSydney

Peta StevensonKing & Wood MallesonsSydney

Kirsten WebbClayton UtzSydney

AU S T R I AAstrid Ablasser-Neuhuberbpv Hügel RechtsanwälteVienna

Christine DietzBinder GrösswangVienna

Isabella HartungBarnert Egermann IlligaschVienna

B E L A R U STatiana IgnatovskayaStepanovski Papakul and PartnersMinsk

B E L G I UMFiona CarlinBaker McKenzieBrussels

Miranda ColeCovington & BurlingBrussels

Anne FederleBird & BirdBrussels/Düsseldorf

Catriona HattonBaker BottsBrussels

Jacquelyn MacLennanWhite & CaseBrussels/London

Edurne Navarro VaronaUría MenéndezBrussels/Madrid

Isabelle RahmanReed SmithBrussels

Strati Sakellariou-WittWhite & CaseBrussels

Ingrid VandenborreSkadden Arps Slate Meagher & FlomBrussels

Carmen VerdonckALTIUSBrussels

Susanne ZuehlkeWillkie Farr & GallagherBrussels

B R A Z I LPatricia Agra AraujoL.O. Baptista AdvogadosSão Paulo

Leonor CordovilGrinberg Cordovil AdvogadosSão Paulo

Vivian FragaTozziniFreire AdvogadosSão Paulo

Adriana GianniniTauil & Chequer AdvogadosSão Paulo

Joyce Midori HondaCescon BarrieuSão Paulo

Ana Paula MartinezLevy & Salomão AdvogadosSão Paulo

Gianni NunesKLA AdvogadosSão Paulo

Paola Regina PuglieseDemarestSão Paulo

Barbara RosenbergBarbosa Müssnich AragãoSão Paulo

Cristianne Saccab ZarzurPinheiro Neto AdvogadosSão Paulo

Mariana Tavares de AraujoLevy & Salomão AdvogadosRio de Janeiro


COMPETITION AND ANTITRUST EXPERT LISTINGS

Mariana VillelaVeirano AdvogadosRio de Janeiro

C ANADAAnita BanicevicDavies Ward Phillips & VinebergToronto

Sandra A ForbesDavies Ward Phillips & VinebergToronto

Susan M HuttonStikeman ElliottOttawa

Katherine L KayStikeman ElliottToronto

Michelle LallyOsler Hoskin & HarcourtToronto

Shuli RodalOsler Hoskin & HarcourtToronto

Debbie SalzbergerMcCarthy TétraultToronto

Julie SolowayBlake Cassels & GraydonToronto

Sandy WalkerDentonsToronto

C H I L ENicole NehmeFerradaNehmeSantiago

Lorena PavicCareySantiago

C H I N AVivian CaoZhao Sheng Law FirmShanghai/Beijing

Ninette DodooFreshfields Bruckhaus DeringerBeijing

Yung Yung Janet HuiJunHeBeijing

Laura LiuBaker McKenzieBeijing

Susan NingKing & Wood MallesonsBeijing/Sanya

Yingling Wei See bioJunHeBeijing

Fay ZhouLinklatersBeijing

CO L OM B I AMaría Carolina Pardo CuéllarBaker McKenzieBogotá

D E NMA R KGitte HoltsøPlesnerCopenhagen

E S T ON I AKatri Paas-MohandoTGS BalticTallinn

Elo TammCOBALTTallinn

F I N L AN DKatia DunckerBird & BirdHelsinki

Sari HiltunenCastrén & SnellmanHelsinki

Katri JoenpolviKrogerusHelsinki

Anna Kuusniemi-LaineCastrén & SnellmanHelsinki

Leena LindbergKrogerusHelsinki

Ami PaanajärviRoschierHelsinki

F R AN C ELoraine Donnedieu de Vabres-TraniéJeantetParis

Nathalie Jalabert-DouryMayer BrownParis

Florence NinaneAllen & OveryParis

Marie-Cécile RameauBredin PratParis

Mélanie Thill-TayaraDechertParis

Maria TrabucchiBDGS AssociésParis

Anne WachsmannLinklatersParis

G E RMAN YBettina BergmannBergmann LawCologne

Ellen BraunAllen & OveryHamburg

Silke HeinzHeinz & ZagrosekCologne



Uta ItzenFreshfields Bruckhaus DeringerDüsseldorf

Petra LinsmeierGleiss LutzMunich

Silke MöllerGlade Michel WirtzDüsseldorf

Stephanie PautkeCommeoFrankfurt am Main

Romina PolleyCleary Gottlieb Steen & HamiltonCologne

Daniela SeeligerLinklatersDüsseldorf

Dominique WagenerCommeoFrankfurt am Main

Anne Caroline WegnerLutherDüsseldorf

Kathrin WestermannNoerrBerlin

G R E E C EAugustine G AlmyroudiBernitsas LawAthens

Anastasia DritsaKG Law FirmAthens

Aida EconomouVainanidis Economou & AssociatesAthens

HONG KONGS A RHannah C L HaMayer BrownHong Kong

Adelaide LukeHerbert Smith FreehillsHong Kong

HUNGA RYChrysta BánBán S Szabó & PartnersBudapest

I N D I AAvaantika KakkarCyril Amarchand MangaldasMumbai

Pallavi S ShroffShardul Amarchand Mangaldas & CoNew Delhi

Shweta Shroff ChopraShardul Amarchand Mangaldas & CoNew Delhi

Nisha Kaur UberoiTrilegalMumbai

I R E L A N DAnna-Marie CurranA&L GoodbodyDublin

Helen Kelly See bioMathesonDublin

Claire WatersonWilliam FryDublin

I S R A E LTal Eyal-BogerFischer Behar Chen Well OrionTel Aviv

I TA L YSabrina BorocciHogan LovellsMilan

Silvia D’AlbertiGattai Minoli Agostinelli & PartnersRome

Veronica PinottiWhite & CaseMilan

J A PANKaoru HattoriNagashima Ohno & TsunematsuTokyo

Madoka ShimadaNishimura & AsahiTokyo

Kaori YamadaFreshfields Bruckhaus DeringerTokyo

Setsuko Yufu See bioAtsumi & SakaiTokyo

L AT V I AIeva AzandaAzanda & AssociatesRiga

Liga MerwinEllex KlavinsRiga

Dace Silava-TomsoneCOBALTRiga

L I T H U AN I ALina DarulienėTGS BalticVilnius

Rasa ZaščiurinskaitėCobaltVilnius

M E X I C OClaudia de los RíosLedesma & Rodríguez RiveroMexico City



Cristina MassaGonzalez CalvilloMexico City

Lucía Ojeda CárdenasSAI Law & EconomicsMexico City

N E T H E R L AN D SSarah BeestonVan DoorneAmsterdam

N EW Z E A L AN DSarah KeeneRussell McVeaghAuckland

Susie KiltyBuddle FindlayWellington

NO RWAYKristin Hjelmaas VallaKvaleOslo

Beret SundetBAHROslo

Siri TeigumThommessenOslo

P E R UVerónica SattlerRodrigo Elías & MedranoLima

Teresa TovarEstudio EchecoparLima

P O L AN DDorothy Hansberry-BiegunskaHansberry TomkielWarsaw

Iwona HerRymarz ZdortWarsaw

Malgorzata Modzelewska de RaadModzelewska & PasnikWarsaw

Marta SendrowiczAllen & Overy A Pędzich sp.kWarsaw

Agnieszka Stefanowicz-BaranskaDentonsWarsaw

Malgorzata SzwajLinklatersWarsaw

Iwona TerleckaClifford ChanceWarsaw

ROMAN I AGeorgeta DinuNestor Nestor Diculescu KingstonPetersenBucharest

Carmen PeliPeliPartnersBucharest

Raluca VasilacheȚuca Zbârcea & AsociațiiBucharest

Livia ZamfiropolDLA Piper Dinu SCABucharest

R U S S I ANatalia KorostelevaEgorov Puginsky Afanasyev and PartnersMoscow

Elena SokolovskayaPepeliaev GroupMoscow

S I N G A PO R EKala AnandarajahRajah & TannSingapore

Ameera AshrafWongPartnershipSingapore

Elsa ChenAllen & GledhillSingapore

Dominique LombardiRajah & TannSingapore

Tanya TangRajah & TannSingapore

S L O V E N I ANataša Pipan NahtigalŠelih & PartnerjiLjubljana

S O U T H A F R I C ALara GranvilleCliffe Dekker HofmeyrSouth Africa

Heather IrvineBowmansJohannesburg

Jocelyn KatzENSafricaJohannesburg

Natalia LopesENSafricaJohannesburg

Jean MeijerHerbert Smith FreehillsJohannesburg

Lesley MorphetFaskenJohannesburg

Marianne WagenerNorton Rose FulbrightJohannesburg

S O U T H K O R E AJung Won HyunKim & ChangSeoul



S PA I NSusana Cabrera ZaragozaGarriguesMadrid

Ainhoa VeigaAraoz & RuedaMadrid

Patricia Vidal MartinezUría MenéndezMadrid

SW E D E NAnna PalmérusVingeGothenburg

SW I T Z E R L A N DMonique Sturny See bioWalder WyssZurich

Astrid WaserLenz & StaehelinZurich

U K R A I N EAntonina YaholnykCLACISKyiv

UN I T E DK I N G DOMBernardine AdkinsGowling WLGBirmingham

Susan BrightHogan LovellsLondon

Helen Davies QCBrick Court ChambersLondon

Marie Demetriou QCBrick Court ChambersLondon

Kim DietzelHerbert Smith FreehillsLondon

Sarah Ford QCBrick Court ChambersLondon

Davina GarrodAkin Gump Strauss Hauer & FeldLondon

Jackie HollandCleary Gottlieb Steen & HamiltonLondon/Brussels

Marjorie HolmesReed SmithLondon

Anneli Howard OCMonckton ChambersLondon

Jenine HulsmannClifford ChanceLondon

Claire JeffsSlaughter and MayLondon/Brussels

Nicole KarLinklatersLondon

Suyong KimHogan LovellsLondon/Brussels

Sophie LawranceBristowsLondon/Brussels

Samantha J MobleyBaker McKenzieLondon

Elizabeth MoronyClifford ChanceLondon

Catriona MunroDentonsEdinburgh

Frances MurphyMorgan Lewis & BockiusLondon

Kristina NordlanderSidley AustinLondon

Paula RiedelKirkland & EllisLondon

Veronica RobertsHerbert Smith FreehillsLondon

Kassie Smith QCMonckton ChambersLondon

Isabel TaylorSlaughter and MayLondon

Bea TormeyFreshfields Bruckhaus DeringerLondon

Deirdre TrappFreshfields Bruckhaus DeringerLondon

Pat TreacyBristowsLondon/Brussels

Kate VernonQuinn Emanuel Urquhart & SullivanLondon

UN I T E D S TAT E SRachel J AdcoxAxinn Veltrop & HarkriderWashington DC

Melanie L AitkenBennett JonesWashington DC

Leah BrannonCleary Gottlieb Steen & HamiltonWashington DC

Eva W ColeWinston & StrawnNew York

Megan DixonHogan LovellsSan Francisco

Lisl J DunlopAxinn Veltrop & HarkriderNew York

Elaine EwingCleary Gottlieb Steen & HamiltonWashington DC



Lisa Jose FalesVenableWashington DC

Rebecca Farrington See bioWhite & CaseWashington DC

Debbie FeinsteinArnold & PorterWashington DC

Ilene Knable Gotts See bioWachtell Lipton Rosen & KatzNew York

Jacqueline I GriseCooleyWashington DC

Renata B HesseSullivan & CromwellWashington DC

Elaine JohnstonAllen & OveryNew York

Heather LambergWinston & StrawnWashington DC

Amy B ManningMcGuireWoodsChicago

Britt M MillerMayer BrownChicago

Andrea Agathoklis MurinoKirkland & EllisWashington DC

Maureen K OhlhausenBaker BottsWashington DC

Leigh L OliverHogan LovellsWashington DC

Sharis A PozenClifford ChanceWashington DC

Penelope A PreovolosMorrison & FoersterSan Francisco

Elizabeth PrewittLatham & WatkinsNew York

Amanda P ReevesLatham & WatkinsWashington DC

Fiona A SchaefferMilbankNew York

Laura ShoresArnold & PorterWashington DC

Anita F StorkCovington & BurlingSan Francisco

Christine A VarneyCravath Swaine & MooreNew York

Wendy Huang WaszmerWilson Sonsini Goodrich & RosatiNew York



CON S T R U C T I ON


CONSTRUCTION ATTORNEY BIOGRAPHIES

Rhona Henry is a partner and head of Matheson’s Construction &Engineering Team. Rhona has over 19 years’ experience in theconstruction / development / capital projects sector. Rhona’s expertise isin the build out of multiplex developments in leading developer roles,capital projects (both owner and owner / occupier led), construction /development financing, public-private partnership constructionspecialism, together with a regulatory advice practice. Rhona ismandated by the largest developers, investors and financiers operating inIreland.

Rhona advises on complex construction and engineering capital projectsincluding data centres, commercial office, corporate headquarters andEPC contracts for major international construction projects includinginfrastructure, facilities, power and process plants. She has an in-depthunderstanding of the construction requirements of organisationsoperating in very specialised markets, including the energy market, thepharmaceutical, data centre and ICT markets.

Rhona takes a collaborative approach in advising clients on all aspects ofconstruction and engineering projects, from initial strategy in relation toidentifying the most suitable form of procurement, advising on theregulatory aspects of a project, assisting with project finance, ensuringthat any required third party agreements are in place, through tocompletion and the commissioning.

Rhona is known for and distinguished by her formulation of complexcontract structure procurement strategies which facilitate a fast pace ofdevelopment and cohesion regarding interface issues. Matheson’sConstruction and Engineering Team are frontrunners and thoughtleaders in crafting procurement strategies for multiplex developmentsand advising on the full life cycle of a large scale development fromdesign, building, financing, sale and leasing.

Experience Highlights• Acting on behalf of Oxley Holdings Limited in relation to itsdevelopment of Dublin Landings (capex circa €300 million).

• Acting on behalf of a US developer in relation to a residential, retailand hotel / student accommodation development in Dublin (capexof €1 billion).

• Acting as the lead construction adviser to a US developer in relationto circa €700 million build-to-rent development located in a primecentral Dublin location, including drafting and negotiating a fullsuite of bespoke consultant appointments in addition to assistingwith the strategic procurement route for this project.

• Acting for Oxley Holdings and Ballymore Group on the pre-lettingof an office block to WeWork in the Connolly Quarter development.

• Advising a global real estate, development and investmentmanagement firm through all stages of the development of studentaccommodation facilities, consisting of 412 beds in Cork.

Rhona Henry Matheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2110Email: [email protected]: www.matheson.com

I R E L A N D

Sarah Biser is a partner in the New York office of Fox Rothschild LLP, anational firm with 27 offices and about 950 attorneys. Ranked byChambers USA as a leader in construction law for eleven consecutiveyears, Sarah represents owners, contractors, developers, architects andengineers, both in the United States and abroad, in all stages of theconstruction process. Co-chair of the firm’s national construction law andinternational arbitration group, she focuses her practice on large, capital-intensive construction projects, with a particular emphasis on drafting andnegotiating contracts for complex and unique construction andinfrastructure, as well as litigating disputes involving such projects both inthe courtroom and in domestic and international arbitration.

In a project expected to be the largest development of the decade in NewYork City, Sarah who co-chairs the firm’s Israel practice group representedTechnion-Israel Institute of Technology in connection with the Technion-Cornell joint venture, in the construction of a new applied scienceuniversity and related facilities on Roosevelt Island. She was involved in theconstruction of InterActive Corporation’s futuristic headquarters andAOL’s headquarters, including the CNN newsroom, in the Time Warnerbuilding. Internationally, she represents one of the joint venture partnerswho constructed the expansion of the Panama Canal, and represents theEPC contractor who designed and constructed the construction of a 220-megawatt hydroelectric plant in Changuinola, Panama.

Sarah has also been involved in the construction of industrial smelters,waste ammonia recovery systems, solar power installations, powerfacilities, educational institutions, and health care facilities. She is currentlydefending a European construction company in connection with DefenseBase Act claims arising out of the 1968 crash of a B-52 bomber carryingfour nuclear warheads at an airbase in Thule, Greenland.

Sarah is co-author of the leading treatise on New York construction law,the New York Construction Law Manual. She also authors the chapter onNew York law in Fifty State Construction Lien and Bond Law (3rd Edition)and the New York chapter in State-by-State Guide to Architect, Engineerand Contractor Licensing. Sarah also co-authored the chapter on “LegalRelationships” in Temporary Structures in Construction (3rd Edition).

Sarah is a frequent lecturer on construction issues, such as:

• How To Deal With the Insurer in the Arbitration and MediationProcess

• Construction of the Third Lane of Panama Canal• How High Is Up? Civil and Common Law Approaches to the TypicalExceptions to Limitations of Liability in the Age Of “Gross Negligence”

• Litigation, Insolvency and Other Things When Projects Go Bad• Preventative Lawyering: Lessons Learned from the ConstructionIndustry

• Arbitration of Construction Disputes

Sarah B BiserFox Rothschild101 Park Avenue,17th FloorNew York, NY 10178USTel: (1) 646 601 7636Email: [email protected]: www.foxrothschild.com



EXPERT LISTINGS CONSTRUCTION

AU S T R A L I ARechelle BrostMills OakleyBrisbane

Joanne Emerson TaqiNorton Rose FulbrightSydney

Jane HiderCorrs Chambers WestgarthMelbourne

Ourania KonstantinidisDentonsSydney

Sonya KroonHWL EbsworthSydney

Elizabeth McKechnieMinterEllisonSydney

Joanna PugsleyClayton UtzMelbourne

B A H R A I NPaula BoastCharles Russell SpeechlysManama

B E L A R U SEkaterina ZabelloVMP Vlasova Mikhel & PartnersMinsk

C ANADAClaudia DéryNorton Rose FulbrightMontréal

Sharon VogelSingleton ReynoldsToronto

C H I N AHelen ChenPinsent MasonsBeijing

Jihong WangZhong Lun Law FirmBeijing

Yingying WangFangda PartnersShanghai

F I N L AN DPetra KiurunenLindfors & CoHelsinki

I R E L A N DSusan BrysonMason Hayes & CurranDublin

Kerri CrossenPhilip LeeDublin

Rhona Henry See bioMathesonDublin

Niav O’HigginsArthur CoxDublin

I S R A E LTamar Firon-SmorodinskyM Firon & CoRamat Gan

MA L AY S I AJocelyn Lim Yean TseSkrineKuala Lumpur

N EW Z E A L AN DSarah SinclairMinterEllisonRuddWattsAuckland

P O L AN DMalgorzata Pietrzak-PaciorekBaker McKenzie Krzyzowski iWspólnicy sp.k.Warsaw

Joanna WojnarowskaDWFWarsaw

S O U T H A F R I C ANikita LallaLNP AttorneysJohannesburg

UN I T E D A R A BEM I R AT E SClaire MillerBeale & CompanyDubai

Erin Miller RankinFreshfields Bruckhaus DeringerDubai

Suzannah NewboultDLA PiperDubai

UN I T E DK I N G DOMRachel Ansell QC4 Pump CourtLondon

Stephanie Barwise QCAtkin ChambersLondon

Julia CourtAddleshaw GoddardLondon

Sally DaviesMayer BrownLondon

Chantal-Aimée Doerries QCAtkin ChambersLondon


CONSTRUCTION EXPERT LISTINGS

Roberta DowneyHogan LovellsLondon

Shona FrameCMS Cameron McKenna NabarroOlswangGlasgow

Helen GarthwaiteWedlake BellLondon

Jane JenkinsFreshfields Bruckhaus DeringerLondon

Tracy LondonBracewellLondon

Victoria PeckettCMS Cameron McKenna NabarroOlswangLondon

Sally RoeFreshfields Bruckhaus DeringerLondon

Emma SchaafsmaCMS Cameron McKenna NabarroOlswangLondon

Julie TealWithersworldwideLondon

Marianne ToghillClifford ChanceLondon

UN I T E D S TAT E SKimberly AshbyFoley & LardnerOrlando

Lynn R AxelrothBallard SpahrPhiladelphia

Sarah B Biser See bioFox RothschildNew York

Alexandra (Alex) ColePerkins CoieChicago

Eileen M DiepenbrockDiepenbrock Elkin Dauer StephensMcCandlessSacramento

Sara Beiro FarabowSeyfarth ShawWashington DC

Jennifer W FletcherEversheds SutherlandAtlanta/New York

Barbara R GadboisGibbs Giden Locher Turner Senet &WittbrodtLos Angeles

Lisa F GlahnFoley & LardnerBoston

Marion T HackTroutman PepperLos Angeles

Michelle RiegerWinsteadDallas

Allison J SnyderPorter HedgesHouston



CO R PO R AT E GO V E R NAN C E


CORPORATE GOVERNANCE ATTORNEY BIOGRAPHIES

Margaretha (Greet) Wilkenhuysen is a partner with the firm and thehead of NautaDutilh’s Corporate practice in Luxembourg. Shespecialises in cross-border corporate transactions, with a particularfocus on mergers and acquisitions, joint ventures and internationalcorporate restructuring. Margaretha also has extensive experience incorporate finance and the provision of corporate governance advice tolisted companies. She represents both domestic and internationalclients in a wide range of high-end transactions.

Prior to joining NautaDutilh in 1997, Margaretha practiced law forseveral years with another well-known law firm in Brussels.

Margaretha publishes and speaks regularly on selected topics ofcorporate law. Recent publications include a contribution to the sixthedition of The Shareholder Rights & Activism Review (The Law Reviews,2021) and the Luxembourg chapter of The Corporate GovernanceReview (Law Business Research, 2012-2021 editions).

She is a member of the International Bar Association (IBA), theEuropean Private Equity and Venture Capital Association (ECVA) andthe Duke Alumni Association.

Margaretha has been named a Leading Lawyer by the IFLR1000 since2011 and a Women Leader since 2018 by the same directory. The Legal500 describes her as “authoritative, organised and forward thinking”,and she is praised by Chambers Europe 2021 for her ability to “stay calmin any circumstances”.

Margaretha obtained her law degree from the University of Leuven(KUL) in 1991. She also holds a master’s degree in business and tax lawfrom the University of Brussels (ULB, 1993) and an LL.M. from DukeLaw School in North Carolina (1996).

Margaretha was admitted to the Brussels Bar in 1993 and to theLuxembourg Bar in 2007.

She is a native Dutch speaker and is fluent in English, French andGerman.

Margaretha Wilkenhuysen NautaDutilh2, rue Jean BertholetL-1233 LuxembourgTel: (352) 26 12 29 32Email: [email protected]: www.nautadutilh.com

L U X EM BOU RG


EXPERT LISTINGS CORPORATE GOVERNANCE

AU S T R A L I AElspeth ArnoldAshurstMelbourne

Priscilla BryansHerbert Smith FreehillsMelbourne

Carolyn PugsleyHerbert Smith FreehillsMelbourne

C ANADACarol HansellHansell LLPToronto

I R E L A N DMyra GarrettWilliam FryDublin

Maura McLaughlinArthur CoxDublin

L I T H U AN I ADovilė BurgienėWallessVilnius

L U X EM BOU RGMargaretha (Greet) Wilkenhuysen See bioNautaDutilhLuxembourg

MA L AY S I AGrace YeohShearn Delamore & CoKuala Lumpur

S I N G A PO R EKala AnandarajahRajah & TannSingapore

Arfat SelvamDuane Morris & SelvamSingapore

Joy TanWongPartnershipSingapore

Annabelle YipWongPartnershipSingapore

S PA I NNieves BrizDentonsBarcelona

SW I T Z E R L A N DInes PöschelKellerhals CarrardZurich

T U R K E YElvan AzizPaksoyIstanbul

UN I T E DK I N G DOMJoanna (Jo) HewittBaker McKenzieLondon

Beatriz Pessôa de AraújoBaker McKenzieLondon

UN I T E D S TAT E SBeth E BergSidley AustinChicago

Abby E BrownSquire Patton BoggsWashington DC

Meredith B CrossWilmerHaleNew York/Washington DC

Sandra L FlowCleary Gottlieb Steen & HamiltonNew York

Lyuba GoltserWeil Gotshal & MangesNew York

Holly J GregorySidley AustinNew York

Ellisa O HabbartDelaware Counsel GroupWilmington

P.J. HimelfarbWeil Gotshal & MangesWashington DC

Eve N HowardHogan LovellsWashington DC

Betty M HuberDavis Polk & WardwellNew York

Elizabeth A IsingGibson Dunn & CrutcherWashington DC

Cynthia M KrusEversheds SutherlandWashington DC

Bomi LeeFenwick & WestSan Francisco

Doreen E LilienfeldShearman & SterlingNew York/Menlo Park

Colleen P MahoneySkadden Arps Slate Meagher & FlomWashington DC

Pamela L MarcoglieseFreshfields Bruckhaus DeringerNew York

Valerie E RadwanerPaul Weiss Rifkind Wharton & GarrisonNew York

Melissa SawyerSullivan & CromwellNew York

Lizanne ThomasJones DayAtlanta


CORPORATE GOVERNANCE EXPERT LISTINGS

Julia M TosiSquire Patton BoggsCleveland

Lori ZyskowskiGibson Dunn & CrutcherNew York



CO R PO R AT E /M&A


CORPORATE/M&A ATTORNEY BIOGRAPHIES

Ira A Eddymurthy is a founding partner of SSEK Legal Consultants.She has more than three decades of experience advising multinationalsand domestic companies on Indonesia’s complex regulatoryenvironment. Ira specializes in corporate law and mergers andacquisitions, capital markets, banking law, finance, including projectfinance, insurance law, and tax law.

Chambers & Partners quotes clients praising Ira’s “sophisticatedknowledge of Indonesian law” and “comprehensive knowledge andunderstanding of the commercial aims of clients.”

Ira’s recent projects include:

• Acting for Pigments Spain, S.L., part of the Esmalglass-Itaca Group, aportfolio company of American private equity firm Lone Star Funds,in the acquisition of two Indonesian manufacturing companies.

• Assisting McDermott, the American multinational engineering,procurement, construction and installation company, with therestructuring of several companies in Indonesia.

• Leading the SSEK team advising Malaysian investment holdingcompany RII Holdings Sdn Bhd on its acquisition of a substantialequity interest in leading Indonesian logistics company PT PanduSiwi Sentosa.

• Assisting Indonesian state-owned oil and gas corporation PTPertamina (Persero) on the acquisition of Tuban PetrochemicalIndustries.

Ira has been named to The Legal 500 Hall of Fame for banking and financein recognition of her years of continued excellence and constant praisefrom clients and colleagues. The Legal 500 also names her a leadingpractitioner for capital markets and corporate law and M&A. Ira is includedin IFLR1000 Women Leaders, which recognizes the leading femaletransactional lawyers in the world who are consistently recommended byclients and peers for the quality of their advice and service.

Chambers & Partners and Asialaw recognize Ira as a leading lawyer inIndonesia for corporate law and mergers and acquisitions. She is includedin the Asia Business Law Journal A-List of Indonesia’s Top 100 lawyers.

Ira was a featured speaker at the 2017 US-Indonesia Women’s CEOSummit in Washington, DC, which brought together C-Suite women fromIndonesia and the United States for a “series of lively, open, and uniquelypersonal conversations on how they did it, how they do it and how they areplanning for the future.” Ira was named Woman Lawyer of the Year at the2017 Asian Legal Business Indonesia Law Awards.

Ira graduated from the University of Indonesia Faculty of Law in 1984 andwas a visiting scholar at the University of California, Berkeley, School ofLaw from 1990 to 1991. She is a member of the International BarAssociation and the Inter-Pacific Bar Association (IPBA) and representedthe Indonesian jurisdiction of the IPBA from 2002 to 2008.

Ira is a member of the Indonesian Advocates Association (Peradi) andleads the International Division of Peradi. Ira also is a member of theAssociation of Indonesian Capital Market Legal Consultants (HKHPM).

Ira A EddymurthySSEK Legal Consultants14th Floor, Mayapada Tower IJl Jend Sudirman Kav 28Jakarta 12920IndonesiaTel: (62) 21 521 2038Email: [email protected]: www.ssek.com

I N DON E S I A

Yoanna Stefanova is a partner with NautaDutilh’s Corporate practice,focusing on private equity. She advises asset managers and privateequity firms on the set-up and implementation of various structures aswell as on the transactional aspects of investments and divestments,including in relation to financing, restructuring, refinancing,corporate governance and pre-insolvency matters.

Prior to joining NautaDutilh, Yoanna worked for several years at otherinternational law firms in Luxembourg.

Yoanna holds a master’s degree in private international law from theRobert Schuman University in Strasbourg (1999) and completed theCours complémentaires en droit luxembourgeois (CCDL) at theUniversity of Luxembourg (2002).

Yoanna regularly publishes on selected legal topics and recentlycontributed to the Luxembourg Corporate M&A Guide (Mondaq,2021) and a compendium released by Wolters Kluwer to mark the100th anniversary of the Luxembourg Companies Act. Yoanna is amember of the editorial committee of ACE magazine, a monthlyLuxembourg periodical on business, tax and accounting law.

Yoanna is recommended by IFLR1000 2020 for being “very responsiveand helpful.” In addition to it, the Legal 500 2021 describes her as being“a key practitioner [who] combines both investment fund structuringexpertise with M&A prowess”. She is also recognised by ChambersEurope.

Yoanna was admitted to the Luxembourg Bar in 2002.

She is fluent in French, English and Bulgarian.

Yoanna StefanovaNautaDutilh2, rue Jean BertholetL-1233LuxembourgTel: (352) 26 12 29 51Email: [email protected]: www.nautadutilh.com

L U X EM BOU RG


ATTORNEY BIOGRAPHIES CORPORATE/M&A

Karessa L Cain is a corporate partner at Wachtell, Lipton, Rosen &Katz, where she focuses on mergers and acquisitions, corporategovernance and securities law matters. She has worked on a range oftransactions, including domestic and cross-border acquisitions,takeover defense, private equity transactions, shareholder activism,proxy contests, joint ventures and capital market transactions.

Ms Cain graduated cum laude from Yale College in 2000. She receivedher J.D. from Columbia Law School in 2004, where she was a JamesKent Scholar and a Harlan Fiske Stone Scholar. Following graduationfrom law school, Ms. Cain served as a law clerk to the Honorable J.Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit.

Karessa L CainWachtell, Lipton, Rosen & Katz51 West 52nd StreetNew York 10019USTel: (1) 212 403 1128Email: [email protected]: www.wlrk.com


Denise A Cerasani is a partner in the Mergers & Acquisitions Group atWhite & Case, practicing principally in the areas of securities, mergersand acquisitions (M&A), and corporate finance. Denise has counseledand represented firm clients in a variety of industries and hasdeveloped a niche practice devoted to the firm’s investment bankingclients.

Denise received her JD from Georgetown University Law Center in1984. She received her BA from University of Rochester in 1981.

Denise is recognized in Chambers USA (2021), Euromoney (2021),Who’s Who Legal (2020) and Lawdragon (2016) as a leader in the fieldof mergers and acquisitions.

Denise A Cerasani White & Case LLP1221 Avenue of the AmericasNew York 10020-1095USTel: (1) 212 819 8400Email: [email protected]: www.whitecase.com



CORPORATE/M&A ATTORNEY BIOGRAPHIES

Germaine Gurr is a partner in White & Case’s global M&A practice inNew York. Germaine advises clients on mergers and acquisitions,private equity, securities offerings, capital raising opportunities, jointventure and commercial transactions, and general corporate matters.She also regularly advises global companies on legal and businessconsiderations in corporate and commercial transactions, operationalstructuring and management, and compliance and governancematters. Germaine has extensive experience in the energy industry, aswell as the infrastructure, software, information technology, retail,healthcare, education and telecommunications sectors.

Germaine previously served as vice president and deputy generalcounsel at a global Fortune 500 energy management and automationcompany where she was responsible for and managed all of thecompany’s corporate transactions and corporate governance matters.

Germaine is listed among The Deal’s “Top Women in Dealmaking forM&A” and IFLR1000’s Women Leaders Guide for M&A in the UnitedStates in 2021. She was named “M&A Legal Advisor of the Year” by TheM&A Advisor in 2020. She is also listed in Euromoney’s Women inBusiness Law Guide and Euromoney’s Expert Guide for Corporate/M&A in the United States in 2020.

Germaine received her BA from Simmons College, and her JD fromUniversity of Michigan Law School, cum laude.


• Schneider Electric in the US$2.1 billion (₹14,000 crore) acquisitionof Larson & Toubro Electrical & Automation Division (inpartnership with Temasek). The transaction was named “Cross-Border M&A Deal of the Year (Over US$1 billion)” by the M&AAdvisor (2020).

• AlphaStruxure, a joint venture between Schneider Electric andCarlyle Group, in its Integrated Fleet Electrification InfrastructureProject, a first-of-its-kind Energy as a Service (EaaS) fleetelectrification project, to Support Montgomery County, Maryland’sGrowing Electric Bus Fleet. The joint venture will enable at least 44buses in Ride On, Montgomery County Transit’s fleet, to transitionfrom diesel to electric.

• Azelis Americas, LLC, a specialty chemicals and food ingredientsdistributor in North America, on its acquisition of VigonInternational, Inc., a leading US specialty distributtor andmanufacturer of ingredients for the flavors, fragrances andcosmetics market segments.

Germaine Gurr White & Case LLP1221 Avenue of the AmericasNew York 10020-1095USTel: (1) 212 819 7611Email: [email protected]: www.whitecase.com


Kristen Rohr is a partner in the Mergers and Acquisitions PracticeGroup, and is resident in the New York office. Ms. Rohr focuses on therepresentation of corporate clients and private equity funds inconnection with domestic and global mergers, acquisitions and equityinvestments in a broad range of industries.

Kristen was named to The Deal’s “Top Rising Stars” for Mergers &Acquisitions in 2021. She is also listed as a “Rising Star” for M&A in theUnited States by Euromoney (2021).

Kristen received her BA from McGill University; and her JD/MBAfrom University of Toronto.


• Newmont Mining Corporation (NYSE: NEM), a gold and copperproducer based in the United States with operations worldwide, inits US$10 billion acquisition of Goldcorp Inc. (NYSE: GG, TSX: G),a Canadian senior gold producer.

• Altria Group, Inc. in its US$1.2 billion sale by its subsidiary, USTLLC, of its Ste. Michelle Wine Estates (Ste. Michelle) business toSycamore Partners Management, L.P.

• ION Acquisition Corp 1 Ltd. (NYSE: IACA), a SPAC, in its US$2.6billion business combination with Taboola.com Ltd., an Israeliprivate company and a global leader in powering recommendationsfor the open web.

• Diamond S Shipping Inc., one of the largest publicly listed ownersand operators of crude and product tankers, in its US$2 billionmerger with International Seaways, Inc., one of the largest tankercompanies worldwide providing energy transportation services forcrude oil and petroleum products.

• NTT DATA, Inc., a recognized leader in global informationtechnology services, in its acquisition of Nexient, LLC, a US-basedsoftware services firm.

• Roark Capital Group and Inspire Brands, Inc., a global multi-brandrestaurant company, in the acquisition of Jimmy John’s LLC, a fastfood sandwich restaurant chain.

• Seaspan Corporation (NYSE: SSW), the world’s largestindependent containership owner-operator, in its acquisition of theremaining 89% of Greater China Intermodal Investments LLC itdid not previously own from affiliates of The Carlyle Group andother minority owners at an implied enterprise value of US$1.6billion.

Kristen Rohr White & Case LLP1221 Avenue of the AmericasNew York 10020-1095USTel: (1) 212 819 7596Email: [email protected]: www.whitecase.com



ATTORNEY BIOGRAPHIES CORPORATE/M&A

Michelle Rutta is a senior partner in White & Case’s New York office and amember of the Securities Group and M&A Group, with over 30 years ofexperience in mergers and acquisitions, securities law, corporategovernance, acquisition finance, high-yield debt and complex securitiesofferings.

Michelle chaired the Firm’s Public Company Advisory Group and advisesdomestic and foreign companies on stock exchange, securities lawcompliance and disclosure matters and corporate governance issues.Clients also seek Michelle’s advice in connection with M&A of public andprivate companies, spin-offs, leveraged buyouts and other acquisitiontransactions, as well as debt and equity securities and liability managementtransactions.

Michelle has represented companies in numerous acquisitions andacquisition financings in the healthcare industry, including Omnicare, Inc.in financing its acquisition of NCS HealthCare, Inc., which included thefirst ever issuance of a contingent interest, contingent convertible trustpreferred security.

Michelle has extensive experience in the retail industry, having representedthe underwriters in numerous financings for CVS Health Corporation,Reebok International Ltd., Phillips-Van Heusen Corporation and JCPenney Company. Michelle has also represented The Walt DisneyCompany in multiple financings, including Disney’s first ever Canadiandollar-denominated security and first ever Luxembourg-listed security.

Michelle is listed among IFLR1000’s Women Leaders for M&A in theUnited States (2021). She is also listed as a Leading Individual forCorporate Governance in the US, Euromoney’s Banking Finance andTransactional Expert Guide (2021) and for Corporate/M&A in the US,Euromoney’s Women in Business Law (2021).

Michelle received her BA from City University of New York, QueensCollege (summa cum laude) and her JD from New York University Schoolof Law (Editor, Moot Court Board).


• Macquarie Infrastructure Corp. (NYSE: MIC) and its related entities inthe sale of three businesses, including (i) the US$4.475 billion sale of itsAtlantic Aviation business to KKR; (ii) the US$2.685 billion sale ofInternational-Matex Tank Terminals to Riverstone Holdings LLC.; and(iii) the US$514 million sale of the MIC Hawaii businesses to ArgoInfrastructure Partners, LP.

• Macquarie Infrastructure Partners II in the US$1.212 billion sale ofGadus Holdings Corporation, the parent company of WCA WasteCorporation, to GFL Holdco (US), LLC, a subsidiary of GFLEnvironmental Inc.

Michelle Rutta White & Case LLP1221 Avenue of the AmericasNew York 10020-1095USTel: (1) 212 819 7864Email: [email protected]: www.whitecase.com


Tali Sealman is a partner in White & Case’s global Mergers &Acquisitions and Corporate Practice, based in Silicon Valley.

Tali’s practice focuses on private and public M&A and generalcorporate representation of emerging technology and life sciencecompanies and venture capital investors. Tali represents strategic andfinancial buyers and sellers in public and private acquisitions. Tali alsorepresents companies at all stages of their lifecycle and across a broadrange of industries, including software, enterprise, security, digitalhealth, fintech, gaming, autotech and blockchain.

Tali was named “M&A Legal Advisor of the Year” by the M&A Advisorin 2020. She is also listed among IFLR1000’s Women Leaders for M&Ain the United States (2021) and named a Leading Individual for M&Ain the United States by Euromoney (2021) and Euromoney’s Womenin Business Law Guide for Corporate/M&A (2021).

Tali received her LLB at Tel Aviv University and her LLM at ColumbiaUniversity School of Law, where she was a Harlan Fiske Stone Scholar.


• REE Automotive Ltd., an electric-vehicle technology startup basedin Israel, in its US$3.6 billion go-public acquisition by 10X CapitalVenture Acquisition Corp. (NASDAQ: VCVCU), a SPAC.

• dMY Technology Group, Inc. II (NYSE: DMYD), a SPAC, in itsUS$1.68 billion business combination with UK-based GeniusSports Group.

• Graf Industrial Corp. (NYSE: GRAF), a special purpose acquisitioncompany (SPAC) founded by James Graf and Michael Dee, inentering into a definitive agreement for a US$1.8 billion businesscombination with Velodyne Lidar, Inc., as well as in obtainingUS$150 million in PIPE commitments to support the transaction.

• NICE Actimize, a leader in Autonomous Financial CrimeManagement and a unit of NICE Ltd. (NASDAQ: NICE), in adefinitive agreement to acquire Guardian Analytics, a leading AI,cloud-based financial crime risk management solution provider.

• OpenText Corporation (NASDAQ: OTEX, TSE: OTEX), aCanadian seller and developer of enterprise informationmanagement software and one of Canada’s largest softwarecompanies, on a number of acquisitions including its US$163million acquisition of Recommind and its US$75 millionacquisition of XMedius, a provider of secure information exchangeand unified communication solutions with locations in the UnitedStates, Canada and Europe.

• Abu Dhabi Catalyst Partners on its US$50 million Series Finvestment into Lookout Inc., a fast-growing Silicon Valley-basedcybersecurity company with a pre-money valuation ofapproximately US$1.5 billion.

Tali SealmanWhite & Case LLP3000 El Camino Real2 Palo Alto Square, Suite 900Palo Alto, California 94306-2109USTel: (1) 650 213 0315Email: [email protected]: www.whitecase.com



CORPORATE/M&A EXPERT LISTINGS

AU S T R A L I ALi-Jean ChewAddisonsSydney

Karen Evans-CullenPwC LegalSydney

Susannah MacknayGilbert + TobinMelbourne

Rebecca Maslen-StannageHerbert Smith FreehillsSydney

Diana NicholsonKing & Wood MallesonsMelbourne

Philippa StoneHerbert Smith FreehillsSydney

AU S T R I AElke Maria Napokojbpv Hügel RechtsanwälteVienna

B E L G I UMSandrine HirschSimont BraunBrussels

Deborah JanssensFreshfields Bruckhaus DeringerBrussels

Katrien VorlatStreliaBrussels

Marieke WyckaertEubeliusBrussels

B R A Z I LMaria Cristina CesconCescon BarrieuSão Paulo

Denise Leão Chachamovitz de SallesVella Pugliese Buosi e GuidoniAdvogadosSão Paulo

Luciana Cossermelli TornovskyDemarestSão Paulo

Vânia Marques RibeiroPinheiro Neto AdvogadosSão Paulo

Monique MavignierBarbosa Müssnich AragãoSão Paulo/Rio de Janeiro

Adriana PallisMachado Meyer AdvogadosSão Paulo

C ANADAMireille FontaineBCFMontréal

Patricia L OlaskerDavies Ward Phillips & VinebergToronto

C H I N AJessie ChenghuiJones DayBeijing

Kelly GregoryClifford ChanceShanghai

Ling HuangKing & Wood MallesonsBeijing/New York

Xiaocheng LiJunHeBeijing

Xu PingKing & Wood MallesonsBeijing

Jolin SongShanghai Qin Li Law FirmShanghai

C Z E C HR E P U B L I CVladimíra GlatzováGlatzová & CoPrague

Helen RodwellCMS Cameron McKenna NabarroOlswangPrague

D E NMA R KLise Lotte HjerrildHortenCopenhagen

E L S A LVA DO RRoberta GallardoAriasSan Salvador

E S T ON I APiret JesseSorainenTallinn

F R AN C EKate RomainBredin PratParis

G E RMAN YDaniela FavocciaHengeler MuellerFrankfurt am Main

Barbara MayerFriedrich Graf von Westphalen & PartnerFreiburg

HONG KONGS A REugina ChanDeaconsHong Kong


EXPERT LISTINGS CORPORATE/M&A

Julia CharltonCharltonsHong Kong

Emma DaviesClifford ChanceHong Kong

Z Julie GaoSkadden Arps Slate Meagher & FlomHong Kong

Hannah C L HaMayer BrownHong Kong

Amy HoClifford ChanceHong Kong

Teresa KoFreshfields Bruckhaus DeringerHong Kong

Dorothea G KooBaker McKenzieHong Kong

Wynne LauConyers Dill & PearmanHong Kong

Angelina LeeWoo Kwan Lee & LoHong Kong

Amy LoClifford ChanceHong Kong

Psyche TaiNorton Rose FulbrightHong Kong

Tracy WutBaker McKenzieHong Kong

Betty YapPaul Weiss Rifkind Wharton & GarrisonHong Kong

Benita YuSlaughter and MayHong Kong

HUNGA RYJudit GulásSzecskay Attorneys at LawBudapest

Andrea Jádi Némethbpv JÁDI NÉMETHBudapest

Ines K RadmilovicHegymegi-Barakonyi and Partner BakerMcKenzieBudapest

I N D I AAkila AgrawalCyril Amarchand MangaldasNew Delhi

Alka BharuchaBharucha & PartnersMumbai

Reeba ChackoCyril Amarchand MangaldasBangalore

Zia ModyAZB & PartnersMumbai

Nivedita RaoCyril Amarchand MangaldasBangalore

Gunjan ShahShardul Amarchand Mangaldas & CoNew Delhi

I N DON E S I AMelli DarsaPwCJakarta

Mita N DjajadiredjaHadiputranto Hadinoto & PartnersJakarta

Ira A Eddymurthy See bioSSEK Legal ConsultantsJakarta

Nini N HalimHutabarat Halim & RekanJakarta

Linda WidyatiLinda Widyati & PusponegoroJakarta

I R E L A N DBerni HostyA&L GoodbodyDublin

J A PANSatoko KuwabaraGaien PartnersTokyo

Asa ShinkawaNishimura & AsahiTokyo

K Y R G Y ZR E P U B L I CAicholpon Alieva (Jorupbekova)Kalikova & AssociatesBishkek

L A O SKristy NewbyDFDL Legal & TaxVientiane

L AT V I AAndra RubeneTGS BalticRiga

L I T H U AN I AEugenija SutkienėTGS BalticVilnius

L U X EM BOU RGYoanna Stefanova See bioNautaDutilhLuxembourg

MA L AY S I AJanet LooiSkrineKuala Lumpur



See Ting YonChristopher & Lee OngKuala Lumpur

MYANMA RSwee Gim CheahKelvin Chia PartnershipYangon

N E T H E R L AN D SHeleen KerstenStibbeAmsterdam

Katinka MiddelkoopAllen & OveryAmsterdam

N EW Z E A L AN DAnna BuchlyBell GullyAuckland

N I G E R I AOlubunmi I FayokunAluko & OyebodeLagos

P E R UInés BacaEstudio EchecoparLima

Susan CastilloPayet Rey Cauvi Pérez AbogadosLima

P H I L I P P I N E SNorma Margarita B PatacsilC&G LawManila

P O L AN DMarta FrackowiakDLA PiperWarsaw

P O R T UGA LSofia Barros CarvalhosaCTSU - Sociedade de AdvogadosLisbon

Cláudia da Cruz AlmeidaVdA Vieira de AlmeidaLisbon

Mónica MoreiraCTSU - Sociedade de AdvogadosLisbon

Gabriela Rodrigues MartinsSRS AdvogadosLisbon

Helena Vaz PintoVdA Vieira de AlmeidaLisbon

ROMAN I AAnca M DanilescuZamfirescu Racoți Vasile & PartnersBucharest

Adriana I GasparNestor Nestor Diculescu KingstonPetersenBucharest

Manuela M NestorNestor Nestor Diculescu KingstonPetersenBucharest

R U S S I ALaura M BrankDechertMoscow/London

Vasilisa StrizhMorgan Lewis & BockiusMoscow

Ilona ZekelyEgorov Puginsky Afanasyev and PartnersMoscow

S I N G A PO R EBee Chun BooWong & LeowSingapore

Audrey ChngWongPartnershipSingapore

Suet-Fern LeeMorgan Lewis StamfordSingapore

Fi Ling QuakWongPartnershipSingapore

Ai Ai WongWong & LeowSingapore

S L O VA KR E P U B L I CAlena ČernejováČernejová & HrbekBratislava

S O U T H A F R I C ALilia FrancaWebber WentzelJohannesburg

Angela SimpsonWebber WentzelJohannesburg

S PA I NMónica Martín de VidalesGarriguesMadrid

S R I L A N K AAnandhiy K GunawardhanaJulius & CreasyColombo

SW E D E NEva HäggMannheimer SwartlingStockholm

Christina KokkoVingeStockholm


EXPERT LISTINGS CORPORATE/M&A

Elisabet LundgrenLinklatersStockholm

Elisabet LundgrenLinklatersStockholm

SW I T Z E R L A N DInes PöschelKellerhals CarrardZurich

T U R K E YMeltem AkolAkol Namlı & PartnersIstanbul

Elvan AzizPaksoyIstanbul

Selin BayarPekin & BayarIstanbul

Begüm Durukan ÖzaydınDurukan+PartnersIstanbul

Esin TabogluTabogluIstanbul

Burcu Tuzcu ErsinMoroğlu ArsevenIstanbul

Asli YigitYYU LegalIstanbul

U K R A I N EAnna BabychAequoKyiv

UN I T E DK I N G DOMFiona AdamsGreenberg TraurigLondon

Jennifer BethlehemFreshfields Bruckhaus DeringerLondon

Aedamar ComiskeyLinklatersLondon

Karen DaviesAshurstLondon

Melissa FogartyClifford ChanceLondon

Jessamy GallagherLinklatersLondon

Fionnghuala GriggsLinklatersLondon

Ani KushevaSkadden Arps Slate Meagher & FlomLondon

Katherine MoirClifford ChanceLondon

Louise NashCovington & BurlingLondon

Farah O’BrienLatham & WatkinsLondon

Lisa O’NeillMilbankLondon

Sarah WigginsLinklatersLondon

Claire WillsFreshfields Bruckhaus DeringerLondon

UN I T E D S TAT E SBarbara L BeckerGibson Dunn & CrutcherNew York

Karessa L Cain See bioWachtell Lipton Rosen & KatzNew York

Denise A Cerasani See bioWhite & CaseNew York

Ting S ChenxCravath Swaine & MooreNew York

Audra D CohenSullivan & CromwellNew York

Jackie CohenWeil Gotshal & MangesNew York

Elizabeth A CooperSimpson Thacher & BartlettNew York

Catherine J DarganCovington & BurlingWashington DC

Laura L DelanoyWillkie Farr & GallagherNew York

Jennifer F FitchenSidley AustinPalo Alto

Sharon R FlanaganSidley AustinSan Francisco

Lisa A FontenotBaker McKenziePalo Alto

Jane D GoldsteinRopes & GrayNew York/Boston

Caroline B GottschalkSimpson Thacher & BartlettNew York

Germaine Gurr See bioWhite & CaseNew York

Julie H JonesRopes & GrayBoston/New York

Sarah E KahnDLA PiperWashington DC

Randi C LesnickJones DayNew York



Paola LozanoSkadden Arps Slate Meagher & FlomNew York

Karen C McConnellBallard SpahrPhoenix

Sonia K NijjarSkadden Arps Slate Meagher & FlomPalo Alto

Clare O’BrienShearman & SterlingNew York

Rama PadmanabhanCooleySan Diego

Elizabeth A RaymondMayer BrownChicago

Kristen Rohr See bioWhite & CaseNew York

Jane RossHogan LovellsMenlo Park

Michelle Rutta See bioWhite & CaseNew York

Faiza J SaeedCravath Swaine & MooreNew York

Melissa SawyerSullivan & CromwellNew York

Tali Sealman See bioWhite & CasePalo Alto

JoAnn M StrasserThompson HineColumbus

Cynthia W YoungWyatt Tarrant & CombsLouisville

U R UGUAYCorina BoveGuyer & RegulesMontevideo

V I E T N AMDao NguyenDN LegalHo Chi Minh City



E N E R G Y A N D N AT U R A L R E S O U R C E S

Feature for:

Indonesia, by Fitriana Mahiddin of SSEK Legal Consultants 74


ENERGY AND NATURAL RESOURCES THOUGHT LEADERSHIP


Update on Indonesia’s Omnibus Lawand Implementing Regulations – Oiland Gas SectorFitriana MahiddinSSEK Legal ConsultantsJakarta

The Indonesian Government has enacted implementing regulationsto Law No. 11 of 2020 on Jobs Creation (the “Omnibus Law”). Theimplementing regulation particularly relevant to the oil and gassector is Government Regulation No. 5 of 2021 on the Implementa-tion of Risk-Based Business Licensing (“GR 5/2021”), which wasenacted on February 2, 2021. The regulation includes Appendices Iand II specifically relating to the energy and mineral resources sec-tor (“EMR Appendices”).Generally, GR 5/2021 provides clarity on certain provisions re-

lating to the requirements for oil and gas business licensing thatwere not made clear in the Omnibus Law. (You can see our articleon the Omnibus Law and the Oil and Gas Law here.https://www.ssek.com/blog/indonesia-omnibus-law-changes-to-the-oil-and-gas-law)Under GR 5/2021, Business Licenses in the oil and gas sector

consist of licenses relating to (i) general survey, (ii) upstream oiland gas business, and (iii) downstream oil and gas business. GR5/2021 also mentions Business Licenses for supporting businessesin the oil and gas sector. Below are some of the notable provisionsin GR 5/2021.

General Survey

Implementation of General SurveyA general survey is principally implemented by the Ministry of Energyand Mineral Resources (“MEMR”) but may also be carried out by abusiness entity. Under GR 5/2021, the Central Government may im-pose administrative sanction(s) on a holder of a Business License forgeneral survey work if it violates one of theobligations in its Business License and/or doesnot fulfill the obligation(s) and/or require-ment(s) set forth in the laws and regulations.GR 5/2021 does not offer details on the

form of administrative sanction(s). However,MEMR Regulation No. 29 of 2017, as amendedby MEMR Regulation No. 52 of 2018 regardingLicensing for Oil and Natural Gas Business Ac-tivities, lists the administrative sanction(s) ap-plicable for violations of certain obligationsrelating to general survey work:a. written warning;b. temporary suspension of activity; orc. revocation of general survey license.

Upstream Oil and Gas Business

Clarity on the Form of Business LicenseThe Omnibus Law requires business actors in the sector to obtainat least a Business Identification Number (Nomor Induk Berusahaor “NIB”) and a Business License from the Central Government be-fore conducting business activities. A Business License is definedvery generally in the Omnibus Law as being legally granted to abusiness entity to commence and carry out its business and/or ac-tivities. In this regard, under the EMR Appendices of GR 5/2021,upstream oil and gas business activities are considered a high-risk

business sector.GR 5/2021 clarifies that the Business Li-

cense for upstream oil and gas activities is inthe form of a Production Sharing Contract(PSC) and NIB, and that the implementationof the Business License will not invalidate anyprovisions of the Production Sharing Con-tract. GR 5/2021 contains a general transition

provision stipulating that provisions on theimplementation of risk-based business licens-ing under the regulation do not apply to busi-ness actors whose Business License wasapproved and became effective prior to GR5/2021 coming into effect. This provision

“GR 5/2021 PROVIDESCLARITY ON THE

REQUIREMENTS FOR OILAND GAS BUSINESS

LICENSING”


THOUGHT LEADERSHIP ENERGY AND NATURAL RESOURCES


does not seem to waive the requirement for existing PSC contractorsto obtain an NIB if they have not done so before GR 5/2021 came intoeffect.The Omnibus Law provides that any person conducting explo-

ration and/or exploitation activities without a “Business License orPSC” shall be subject to imprisonment for a maximum of six yearsand a maximum fine of Rp.60 billion.

Downstream Oil and Gas Business

Clarity on SanctionsUnder the Omnibus Law, a company conducting any downstreambusiness activities without a Business License shall be subject toadministrative sanctions in the form of termination of businessand/or activities, a fine and/or “coercion (paksaan) by the CentralGovernment”. There was no elaboration on what was meant by co-ercion (paksaan) in the Omnibus Law.GR 5/2021 clarifies that coercion (paksaan) may be in the fol-

lowing forms:a. dismantling of infrastructure and facilities;b. confiscation of goods or tools that have the potential to causeviolations;

c. corporate coercion; and/ord. other actions aimed at stopping violations and actions to re-store environmental functions.GR 5/2021 also provides that the foregoing sanctions shall be

imposed until a Business License is issued.Additionally, under the Omnibus Law and GR 5/2021, the Cen-

tral Government may impose administrative sanction(s) on theholder of a Business License for downstream oil and gas businessactivities if it violates one of the obligations in its Business Licenseand/or does not fulfill the obligation(s) and/or requirement(s) setforth in the laws and regulations. Such administrative sanctionswere not made explicit in the Omnibus Law, and GR 5/2021 clari-fies that the administrative sanctions shall be in the followingforms:a. written warning;b. temporary suspension of activities; andc, revocation of Business License.

Supporting Business in Oil and Gas

Business Licenses to Support the Oil and Gas SectorGR 5/2021 provides a list of 33 Business Licenses to support the oiland gas sector. The EMR Appendices further regulate each of these

Business Licenses, which includes the requirements and time pe-riod to obtain the license, validity period of the license, authorizedgovernmental entity to issue the license, and obligations for thebusiness entity in implementing the relevant business activitiesbased on the license.

SanctionsPursuant to GR 5/2021, any person carrying out supporting businessactivities in the oil and gas sector without the relevant Business Li-cense shall be subject to administrative sanctions in the form of:a. termination of business and/or activity;b. administrative fine; and/orc. coercion from the Central Government.The Central Government may impose administrative sanction(s)

on the holder of a Business License for supporting business activitiesin the oil and gas sector if it violates one of the obligations in its Busi-ness License and/or does not fulfill the obligation(s) and/or require-ment(s) set forth in the laws and regulations. Said administrativesanctions are as follows:a. written warning;b. temporary suspension of activities;c. fine; and/ord. revocation of Business License.

Key TakeawaysGR 5/2021 provides clarity on certain provisions relating to the oiland gas sector under the Omnibus Law, particularly by specifyingthe required Business License in the upstream oil and gas sector.The additional requirement for an NIB may not be in line with theoverall purpose of the Omnibus Law, which is to simplify licensingprocedures and remove excessive regulatory requirements. How-ever, this may not be a substantial issue and should be a mere for-mality that some PSC contractors have already complied with inpractice.It will be necessary to monitor how GR 5/2021 is implemented in

practice.

For more information, please contact:Fitriana Mahiddin, [email protected]

This publication is intended for informational purposes only and doesnot constitute legal advice. Any reliance on the material contained hereinis at the user’s own risk. All SSEK publications are copyrighted and maynot be reproduced without the express written consent of SSEK.


ENERGY AND NATURAL RESOURCES ATTORNEY BIOGRAPHIES

Fitriana Mahiddin is a supervising partner of the oil and gas practiceof SSEK Legal Consultants. She is heavily involved in mergers andacquisitions, general corporate and commercial law, foreigninvestment and project finance, with a focus on the oil and gas, andmining sectors.

Since joining SSEK in 1999, Fitriana has represented numerous leadingoffshore and local upstream oil and gas companies. Her experienceincludes advising oil and gas companies, assisting investors inacquiring oil and gas blocks, preparing and negotiating farm-in/farm-out agreements, joint operating agreements and gas sales contracts, aswell as setting up branch offices and project companies for clients.

She is recognised by legal directories as a leading practitioner inIndonesia for energy and natural resources.

Fitriana’s recent work includes:

• Assisting Mubadala Petroleum on a retainer basis on several mattersrelated to Mubadala Petroleum’s operations as well as the preparationof an Indonesian Regulatory Database for Mubadala’s upstreamoperations.

• Acting as Indonesian counsel to INPEX in connection with the MaselaProduction Sharing Contract (PSC) and the constructions of facilitiesto develop the Abadi field.

• Acting as Indonesian counsel to Mandala Energy in connection withthe Lemang, Merangin III and Sumbagsel PSCs.

• Acting as Indonesian counsel to Ophir Energy in acquiring Santos’operating interests in the Sampang and Madura Offshore PSCs.

• Advising Chevron on the operation of the Rokan PSC and potentialexposure on retirement of offshore and onshore assets on theexpiration of a PSC.

• Acting for Sele Raya in relation to its upstream activities under its PSCs,namely the Merangin Dua, Belida and Blora blocks.

• Advising production sharing contractors in a number of upstreamprojects involving SKK Migas, including Total, ConocoPhillips andExxonMobil.

• Advising an Austria-based multinational petrochemical company onthe contemplated acquisition of a stake in an Indonesian petrochemicalcompany involved in the development of a petrochemical complex.

• Acting as Indonesian counsel to an indirect shareholder of a holder ofa nickel contract of work in Indonesia.

• Advising Allianz X, the digital investment unit of Allianz Group, on itsinvestment in Gojek, the leading Indonesian ride-hailing platform thatalso offers various consumer on-demand and payment services.

Fitriana co-authored the Indonesia chapters of the InternationalComparative Legal Guide to: Oil & Gas Regulation 2021and theLexology Getting the Deal Through Mining 2021 global guide.

Fitriana graduated in 1999 from the University of Indonesia Faculty ofLaw. She earned her Master of Laws (LL.M.) in international businesslaw from Vrije Universiteit, the Netherlands. She is a member of theIndonesian Advocates Association (Peradi), the Association ofIndonesian Legal Consultants, and the International Bar Association.

Fitriana MahiddinSSEK Legal Consultants14th Floor, Mayapada Tower IJl Jend Sudirman Kav 28Jakarta 12920IndonesiaTel: (62) 21 521 2038Email: [email protected]: www.ssek.com

I N DON E S I A


EXPERT LISTINGS ENERGY AND NATURAL RESOURCES

A RG EN T I N AMariana ArdizzoneMitrani Caballero Ruiz MorenoBuenos Aires

Florencia HerediaAllende & BreaBuenos Aires

Amalia SáenzZang Bergel & ViñesBuenos Aires

AU S T R A L I AKate AxupAllensMelbourne

Keira BrennanNorton Rose FulbrightBrisbane

Meredith CampionAllen & OveryPerth

Deanna ConstableLander & RogersSydney

Emma CovacevichClayton UtzBrisbane

Miriam D’SouzaNorton Rose FulbrightPerth

Tanya DenningBaker McKenzieBrisbane

Michelle KeenWhite & CaseMelbourne

Jee-Seon LeeJohnson Winter & SlatteryPerth

Bree MiechelAshurstSydney

Adeline PangWhite & CaseMelbourne

BO L I V I AMariana PereiraIndacochea & AsociadosSanta Cruc

B R A Z I LDanielle Gomes de Almeida ValoisTrench Rossi WatanabeRio de Janeiro

Isabel LustosaUlhôa CantoSão Paulo

C ANADAJanice BuckinghamOsler Hoskin & HarcourtCalgary

Elisabeth (Lisa) DeMarcoDeMarco AllanToronto

Laura K EstepDentonsCalgary

Tanneke HeerscheFaskenToronto

Valerie HelbronnerTorysToronto

Krista F HillTorysToronto

Helen T NewlandDentonsToronto

Chrysten E Perry QCStikeman ElliottCalgary

Alicia K QuesnelBurnet Duckworth & PalmerCalgary

Stephanie StimpsonTorysCalgary

C H I L EPatricia NúñezNúñez Muñoz y CíaSantiago

C H I N AGrace Fan DuolingKing & Wood MallesonsBeijing

CO L OM B I ASandra ManriquePhilippi Prietocarrizosa Ferrero DU &UríaBogotá

Margarita Ricaurte de BejaranoRicaurte Rueda AbogadosBogotá

F R AN C ENina BowyerHerbert Smith FreehillsParis

Hélène GelasLPA-CGR avocatsParis

Anne LapierreNorton Rose FulbrightParis/Casablanca

Rebecca MajorHerbert Smith FreehillsParis

HONG KONGS A RLinh DoanWatson Farley & WilliamsHong Kong/Hanoi

Carolyn DongDLA PiperHong Kong

Patricia Tan OpenshawGibson Dunn & CrutcherHong Kong


ENERGY AND NATURAL RESOURCES EXPERT LISTINGS

HUNGA RYAnita HorváthDentonsBudapest

I N DON E S I AFitriana Mahiddin See bioSSEK Legal ConsultantsJakarta

Ratih (Ipop) NawangsariOentoeng Suria & PartnersJakarta

I R E L A N DValerie LawlorMcCann FitzGeraldDublin

I TA L YCarola AntoniniChiomentiMilan

Monica ColomberaLeganceMilan

Tessa LeeLinklatersMilan

Cristina MartoranaLeganceMilan

Francesca MorraHerbert Smith FreehillsMilan

Daniela SabelliSquire Patton BoggsMilan

Catia TomasettiBonelliEredeRome

K A Z A K H S TANNatalya V BrayninaAEQUITASAlmaty

Olga I ChentsovaAEQUITASAlmaty

Aigoul KenjebayevaDentonsAlmaty

L I T H U AN I ADovilė GreblikienėEllex ValiunasVilnius

M E X I C ODiana Pineda EstebanGonzalez CalvilloMexico City

Amanda ValdezDentons López VelardeMexico City

N E T H E R L AN D SMichelle de RijkeVan der FeltzThe Hague

Cecilia van der WeijdenCMSAmsterdam

N EW Z E A L AN DBrigid McArthurGreenwood RocheWellington

N I G E R I AFelicia Kemi SegunAdepetun Caxton-Martins Agbor &SegunLagos

NO RWAYKristin BjellaHjortOslo

Caroline LundLund & CoOslo

P E R UMaría Teresa Quiñones AlayzaQuiñones Alayza AbogadosLima

Verónica SattlerRodrigo Elías & MedranoLima

P H I L I P P I N E SMonalisa C DimalantaPuyat Jacinto & SantosManila

P O R T UGA LMónica Carneiro PachecoCMS Rui Pena & ArnautLisbon

Vanda CascãoVdA Vieira de AlmeidaLisbon

Rita CorreiaMiranda & AssociadosLisbon

Catrina Cunha e TávoraMiranda & AssociadosLisbon

Catarina Brito FerreiraMorais LeitãoLisbon

ROMAN I AIrina MoinescuȚuca Zbârcea & AsociațiiBucharest

Miruna SuciuSuciu Popa AttorneysBucharest


EXPERT LISTINGS ENERGY AND NATURAL RESOURCES

R U S S I AJennifer A JosefsonMorgan Lewis & BockiusMoscow/London

Natalia KozyrenkoCMSMoscow

Natalia Raimondovna BaratiantsAkin Gump Strauss Hauer & FeldMoscow

S E R B I AJelena GazivodaJPM Jankovic Popovic MiticBelgrade

S I N G A PO R EClarinda Tjia-DharmadiLatham & WatkinsSingapore

S O U T H A F R I C ACatharine KeeneTabacksJohannesburg

SW E D E NMaria HagbergRamberg AdvokaterStockholm

T H A I L A N DSawanee A SethsathiraBaker McKenzieBangkok

T U R K E YEce Güner ToprakGüner Law OfficeIstanbul

UN I T E D A R A BEM I R AT E SJudith KimAllen & OveryDubai

UN I T E DK I N G DOMLorraine BaylissAllen & OveryLondon

Olivia CaddyBracewellLondon

Lucille De SilvaDentonsLondon

Diana FranceHFWLondon

Fiona HobbsLinklatersLondon

Anna P HowellGibson Dunn & CrutcherLondon

Nina HowellBracewellLondon

Charlotte L MorganLinklatersLondon

Penelope WarneCMS Cameron McKenna NabarroOlswangLondon

Kimberley WoodNorton Rose FulbrightLondon

UN I T E D S TAT E SMarissa Leigh AlcalaNorton Rose FulbrightWashington DC

Brooksany BarrowesKirkland & EllisWashington DC

Trina H ChandlerVinson & ElkinsHouston

Ann CoffinCoffin RennerAustin

J Elizabeth Cogan MolinoCogan & PartnersHouston

Lisa A CottleWinston & StrawnSan Francisco

Robin S FredricksonLatham & WatkinsHouston

Natasha GianvecchioLatham & WatkinsWashington DC

Deborah A GitomerNorton Rose FulbrightHouston

Lisa G HenneberrySquire Patton BoggsWashington DC

Suedeen G KellyJenner & BlockWashington DC

Diana M LiebmannHaynes and BooneSan Antonio

Judith M MatlockDavis Graham & StubbsDenver

Julie MayoNorton Rose FulbrightHouston

Catherine P McCarthyBracewellWashington DC

Sandra E RizzoArnold & PorterWashington DC

Anita Rutkowski WilsonVinson & ElkinsWashington DC


ENERGY AND NATURAL RESOURCES EXPERT LISTINGS

Denmon SiglerBaker McKenzieHouston

Mary Anne SullivanHogan LovellsWashington DC

Kathryn M SuttonMorgan Lewis & BockiusWashington DC

Sabina D WaliaCaldwell Boudreaux LeflerHouston

Carolina Walther-MeadeMilbankNew York

Dorina YessiosAllen & OveryNew York

U Z B E K I S TA NMuborak KambarovaKinstellarTashkent

V I E T N AMWo Ha DuyenVilafHo Chi Minh City



E N V I R ONM EN T


ENVIRONMENT ATTORNEY BIOGRAPHIES

Mariana has practiced environmental law all of her professional career,starting as a law student in 1998 and never looked back.

She has in-depth experience in all aspects of environmental law, fromwildlife to waste regulation and approaches environmental issues fromdifferent perspectives, often in collaboration with the Firm’s Projects,Litigation and M&A practice groups. She is praised by clients and peersfor her ability to bring outstanding environmental expertise to theFirm’s transactional projects, regulatory practice and strategiclitigation capabilities.

Supported by a strong team of associates, she has represented Mexicanand international companies, mainly from the energy, retail,manufacturing, financial services and infrastructure industries.

She has a particular expertise in advising intense water consumingindustries on the preservation of water rights and designing strategiesto ensure compliance with the complex wastewater regulations inMexico.

As the first female partner of the Firm, Mariana is conscious of beinga role model for other young female lawyers at the Firm and elsewhere.She has therefore actively promoted diversity and inclusion bestpractices at the Firm and coordinates the Diversity & InclusionCommittee. Mariana is also a founding member of the Board ofAbogadas MX, a non-profit organization that aims to promote morefemale lawyers to leadership positions in Mexico. She is also part of theFirm’s Pro Bono Committee.

Mariana studied Law at the Universidad Panamericana with aspecialization in Administrative Law. She holds an MSc inEnvironmental Sustainability from the Centre for the Study ofEnvironmental Change and Sustainability of the University ofEdinburgh.

Her native language is Spanish and she is fluent in English.

Mariana HerreroGalicia Abogados, S.C.Torre del BosqueBlvd. Manuel Ávila Camacho, 24, piso 7Lomas de Chapultepec11000, Ciudad de MéxicoMexicoTel: (52) 55 5540 9200Email: [email protected]: www.galicia.com.mx

M E X I C O


EXPERT LISTINGS ENVIRONMENT

AU S T R A L I ALeanne BowieLeanne Bowie LawyersBrisbane

Elisa de WitNorton Rose FulbrightMelbourne

Rebecca HoareNorton Rose FulbrightBrisbane

Penny MurrayAddisonsSydney

Kathryn PaceyClayton UtzBrisbane

Kirstie RichardsK&L GatesSydney

Felicity RourkeAllensSydney

Claire SmithClayton UtzSydney

Karen TrainorClayton UtzBrisbane

Elizabeth WildNorton Rose FulbrightSydney

B E L G I UMRuxandra CanaSteptoe & JohnsonBrussels

Isabelle LarmuseauLDRGhent

Ursula SchliessnerJones DayBrussels

Lieve SwartenbrouxLinklatersBrussels

B R A Z I LAdriana Mathias BaptistaTozziniFreire AdvogadosSão Paulo

Simone Paschoal NogueiraSiqueira Castro AdvogadosSão Paulo

Lina Pimentel GarciaMattos FilhoSão Paulo

Priscila Santos ArtigasMilaré AdvogadosSão Paulo

C ANADARosalind H CooperFaskenToronto

Jennifer DanahyGowling WLGToronto

Mira GauvinDentonsMontréal

Jana McLeanIris Legal LawVancouver

Natalie MullinsGowling WLGToronto

Alexandria J PikeDavies Ward Phillips & VinebergToronto

Sarah V PowellDavies Ward Phillips & VinebergToronto

Anne-Marie SheahanSheahanMontréal

Donna S K ShierWillms & ShierToronto

C H I L EClaudia FerreiroCorrea SquellaSantiago

Paulina Riquelme PallamarEelawSantiago

D E NMA R KHenriette SojaHortenHellerup

F R AN C EJoëlle HerschtelKing & SpaldingParis

Françoise S LabrousseJones DayParis

Patricia SavinDS AvocatsParis

Marie-Léonie VergnerieFieldfisherParis

I N D I AEls Reynaers KiniMVKiniNew Delhi

I R E L A N DDeborah SpenceArthur CoxDublin

I TA L YAntonella CapriaGianni & OrigoniMilan


ENVIRONMENT EXPERT LISTINGS

M E X I C OMariana Herrero See bioGalicia AbogadosMexico City

N E T H E R L AN D SLiesbeth SchippersPels RijckenThe Hague

Eveline Sillevis SmittAKDRotterdam

Nicolien van den BiggelaarDe Brauw Blackstone WestbroekThe Hague

N EW Z E A L AN DAllison Arthur-YoungRussell McVeaghAuckland

Rachel DevineMinterEllisonRuddWattsAuckland

P O L AN DEwa Rutkowska-SuboczDentonsWarsaw

S O U T H A F R I C ARobyn SteinENSafricaJohannesburg

SW E D E NSusanne Åberg Witt-StrömerAlrutz’ AdvokatbyråStockholm

Tove AnderssonSetterwallsMalmö

Erica NobelDelphiMalmö

Felicia UllerstamMannheimer SwartlingStockholm

UN I T E DK I N G DOMHelen BowdrenDentonsLondon

Vanessa Havard-WilliamsLinklatersLondon

Olivia JamisonCMS Cameron McKenna NabarroOlswangLondon

Lucy Bruce JonesNorton Rose FulbrightLondon

Caroline MayNorton Rose FulbrightLondon

Sinéad OryszczukCovington & BurlingLondon

UN I T E D S TAT E SMary Rose AlexanderLatham & WatkinsChicago

Debra Tsuchiyama BakerBaker · WotringHouston

Patricia T BarmeyerKing & SpaldingAtlanta

Bonnie A BarnettDrinker Biddle & ReathPhiladelphia

Kerri L BarshGreenberg TraurigMiami

Elizabeth C BartonDay PitneyHartford

Linda E BenfieldFoley & LardnerMilwaukee

Lynn L BergesonBergeson & CampbellWashington DC

Lisa M BrombergPorzio Bromberg & NewmanMorristown

Shannon S BroomeHunton Andrews KurthSan Francisco/Washington DC

Lisa M BruderlyBabst CallandPittsburgh

Molly CagleBaker BottsAustin

Loyti ChengDavis Polk & WardwellNew York

Lily N ChinnBaker BottsSan Francisco

Renee CiprianoThompson CoburnSt Louis

Abbi L CohenDechertPhiladelphia

Annemargaret ConnollyWeil Gotshal & MangesWashington DC

Deidre G DuncanHunton Andrews KurthWashington DC

Amy L EdwardsHolland & KnightWashington DC

Miranda F FitzgeraldLowndes Drosdick Doster Kantor & ReedOrlando

Susan M FranzettiNijman•FranzettiChicago

Beth S GinsbergStoel RivesSeattle


EXPERT LISTINGS ENVIRONMENT

Pamela S GoodwinSaul Ewing Arnstein & LehrPrinceton

E Lynn GraysonNijman•FranzettiChicago

Jennifer L HernándezHolland & KnightSan Francisco

Margaret A HillBlank RomePhiladelphia/Washington DC

Betty M HuberDavis Polk & WardwellNew York

Debra J JezouitBaker BottsWashington DC

LeAnn Johnson KochPerkins CoieWashington DC

Eleni KouimelisWinston & StrawnChicago

Catherine D LittleTroutman SandersAtlanta

Mary Simmons MendozaHaynes and BooneAustin

Kirsten L NathansonCrowell & MoringWashington DC

Kristy A Niehaus BulleitHunton Andrews KurthWashington DC

Jennifer T NijmanNijman•FranzettiChicago

Claudia M O’BrienLatham & WatkinsWashington DC

Gail S PortProskauer RoseNew York

Judith M PraitisFaegre Drinker Biddle & ReathLos Angeles

Margaret RosegayPillsbury Winthrop Shaw PittmanSan Francisco

Deborah J SchmallPaul HastingsSan Francisco

Janice M SchneiderLatham & WatkinsWashington DC

Jacqueline M VidmarQuarles & BradyChicago

Allison D WoodMcGuireWoodsWashington DC

U R UGUAYAnabela AldazGuyer & RegulesMontevideo



F I N AN C I A L S E R V I C E S R E G U L AT O R Y


EXPERT LISTINGS FINANCIAL SERVICES REGULATORY

C ANADAAna BadourMcCarthy TétraultToronto

C H I N AJane JiangAllen & OveryBeijing

HONG KONGS A RHannah CassidyHerbert Smith FreehillsHong Kong

Susanne J HarrisMayer BrownHong Kong

Karen H Y ManBaker McKenzieHong Kong

Urszula McCormackKing & Wood MallesonsHong Kong

Charlotte RobinsAllen & OveyHong Kong

Maria SitDechertHong Kong

N E T H E R L AN D SMariken van LoopikDe Brauw Blackstone WestbroekAmsterdam

N EW Z E A L AN DEmmeline RushbrookRussell McVeaghAuckland

NO RWAYKjersti T TrøbråtenWiersholmOslo

S I N G A PO R EElaine ChanWongPartnershipSingapore

Peiying Chua HeikesLinklatersSingapore

Natalie CurtisHerbert Smith FreehillsSingapore

Regina LiewRajah & TannSingapore

Stephanie MagnusWong & LeowSingapore

Lena NgClifford ChanceSingapore

Karen TiahAllen & GledhillSingapore

UN I T E DK I N G DOMCaroline DawsonClifford ChanceLondon

Helen MarshallAkin Gump Strauss Hauer & FeldLondon

Jenny StainsbyHerbert Smith FreehillsLondon

Kate SumpterAllen & OveyLondon

Ezra ZahabiAkin Gump Strauss Hauer & FeldLondon

UN I T E D S TAT E SLaura S PruittJones DayWashington DC

Barbara StettnerAllen & OveryWashington DC

Margaret E TahyarDavis Polk & WardwellNew York



I N S U R AN C E A N D R E I N S U R AN C E


ATTORNEY BIOGRAPHIES INSURANCE AND REINSURANCE

Based in Clyde & Co’s Munich office, Eva-Maria Barbosa is a leadingcorporate insurance lawyer with broad experience of insuranceregulatory and corporate insurance matters.

Eva is a corporate insurance lawyer with a broad experience ofinsurance regulatory and corporate insurance matters. She has led onmany insurance related M&A and restructuring projects, with clientsregarding her as a leading dealmaker, focusing on projects includingexit strategies for discontinued businesses, run-off and cross-borderoutsourcing service agreements, as well as mergers and cooperationagreements.

Eva studied law in Freiburg and Düsseldorf and qualified as a lawyer in1999. She is fluent in English and French.

Eva-Maria BarbosaClyde & CoMaximilianstrasse 2D-80539 MunichGermanyTel: (49) 89 244420101Email: [email protected] Website: www.clydeco.com

G E RMAN Y

Tanja Schramm has extensive experience in a wide range of insurancework, particularly in the areas of financial lines, professionalindemnity and fidelity insurance. She is recognized as a leading expertfor insurance in Germany.

Tanja has more than 13 years of experience as an insurance lawyer andacts for German and foreign insurers and reinsurers in most areas ofinsurance and reinsurance law. Her experience includes acting asmonitoring, defense and coverage counsel in large and complex(international) insurance cases as well as litigation and disputeresolution work.

She particularly advises on financial and professional lines (E&O,D&O, FI, PI), fidelity insurance, specialty risks, subrogated recoverymatters and multi-jurisdictional issues. Tanja has extensive experiencein the monitoring of E&O-mass claims. Furthermore, she has acted ina number of claims involving directors & officers and financialinstitutions as well as in several coverage lawsuits with fundamentallegal importance. She also acts as defense counsel in court proceedingsagainst professionals and directors. Further, her practice includesdrafting and adapting insurance policies to German law.

Over the years, Tanja has undertaken secondments with an insurer inGermany and a reinsurer in London.

Tanja SchrammClyde & CoDreischeibenhaus 140211 DüsseldorfGermanyTel: (49) 211 8822 8803Email: [email protected]: www.clydeco.com

G E RMAN Y


INSURANCE AND REINSURANCE ATTORNEY BIOGRAPHIES

April McClements is a Partner in the Insurance and DisputeResolution team. April is a commercial litigator and specialises ininsurance disputes.

April advises insurance companies on policy wording interpretation,complex coverage disputes (in particular relating to financial linespolicies), D&O claims, professional indemnity claims, including anypotential third party liability, and subrogation claims. April managesa significant number of professional indemnity claims forprofessionals, including insurance brokers, architects and engineers,for a variety of insurers.

April has been involved in obtaining High Court approval for variousinsurance portfolio transfers and/or schemes of arrangement arisingfrom reorganisations and/or mergers and acquisitions involving life, non-life and captive insurers. April also works in the area of generalcommercial litigation with a particular focus on contractual disputes,most of which are litigated in the Commercial Court. She is also a strongadvocate of ADR and has acted for clients in mediations and arbitration.

April is a member of the Law Society of Ireland, the Insurance Instituteof Ireland and the British Insurance Law Association. She hascontributed to various industry publications and has participated inseminars as a speaker on insurance issues.

Experience Highlights• Advising Aviva in relation to a significant subrogation claim againstthe ESB which is being litigated in the Commercial Court arisingfrom flooding in Cork City in November 2009.

• Advised Aviva on the Commercial Court application for approval ofthe restructuring of the non-life insurance business of Aviva Ireland.This was one of the largest restructurings of an Irish insurancebusiness in recent years and involved more than one millionpolicyholders.

• Defended an insurance broker in a significant professional indemnityaction by Bloxham Stockbrokers alleging under- insurance.

• Advising an insurer in respect of cover under a Financial Institutionspolicy for multiple misselling claims.

• Acting for Kenmare Resources in the Supreme Court appeal of a €10million libel award.

• Advised an insurer in relation to coverage of various D&O claims.• Advised an insurer in relation to coverage of a fidelity claim notifiedby an Irish head-quartered company under its Commercial CrimeInsurance Policy in respect of losses suffered by its US subsidiary as aresult of alleged theft and fraud by other parties including formeremployees.

• Successfully represented excess layer insurers, Chubb and WRBerkley, in declaratory coverage proceedings in the CommercialCourt in respect of the Michael Lynn professional indemnity cover.

April McClementsMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2638Email: [email protected]: www.matheson.com

I R E L A N D

Sharon Daly is Head of Matheson’s London Office and is a partner inthe Commercial Litigation and Dispute Resolution Department.

Sharon is widely acknowledged as one of the leading corporatelitigators in Ireland with over 25 years’ experience in all aspects ofcommercial litigation and dispute resolution. Continuously recognisedfor her ability to respond creatively to complex issues, Sharon wasrecently awarded ‘Lawyer of the Year’ at the Benchmark Litigation 2019Europe Awards.

Sharon has been involved in some of the most significant commerciallitigation to come before the Irish courts in the last 10 years, includingdefending a major financial institution in a series of multi-billion,multi-jurisdictional disputes arising from investments in Bernard L.Madoff ’s business. Sharon also acted for insurers in the largest propertydamage dispute to come before the Irish courts in relation to theliability of hydro-electrical dams and flood damage arising therefrom.

Sharon and her team advise a wide range of clients on highly technicalinsurance issues including policy wordings, coverage and policydisputes, resulting in significant cost and time savings to our client andminimising reputational risk.

Sharon is Co-Chair of the Insurance Committee for the InternationalBar Association and has actively sought to use this committee to bringtogether leaders in the insurance industry to address the challenges inthe industry globally.

As Head of Matheson’s Brexit Advisory Group, Sharon leads a multi-disciplinary team who advise and assist clients on the implementationof their Brexit plans.

Experience Highlights• Acted for a financial institution in a multi-billion (2.9bn) euro fraudclaim achieving a dismissal of same on an interlocutory motion onpublic policy grounds.

• Defending a financial institution in a fund custody negligence claimseeking recovery of $500m achieving a strike out on a preliminaryissue.

• Representing a major broker in the EU investigations into thecommercial motor industry in Ireland.

• Acting for insurers in a significant coverage dispute on a financiallines run-off policy.

• Acting in a high-profile multimillion euro professional negligenceclaim action against a major firm of solicitors in relation to theadministration of a very large and complicated estate (confidential).

• Acting for AIB in a very significant coverage dispute under the civilliability section of a Bankers Blanket Bond policy following anemployee fraud.

Sharon DalyMatheson1 Love LnLondon EC2V 7JNUKTel: (44) 207 614 5678Email: [email protected]: www.matheson.com

UN I T E D K I N G DOM


EXPERT LISTINGS INSURANCE AND REINSURANCE

A RG EN T I N AMaría FraguasNicholson y Cano AbogadosBuenos Aires

Laura SantanatogliaAllende & BreaBuenos Aires

AU S T R A L I ARehana BoxAshurstSydney

Louise CantrillMills OakleySydney

Michelle FoxQuinn Emanuel Urquhart & SullivanSydney

Raylee HartwellKennedysSydney

Tricia HobsonDLA PiperSydney

Ganga NarayananClyde & CoMelbourne

Samantha O’BrienDLA PiperBrisbane

Julie SmithLander & RogersMelbourne

Lucy TerracallClayton UtzMelbourne

Kerri ThomasSparke Helmore LawyersMelbourne

Nicole WearneClyde & CoMelbourne

B E L G I UMSandra LodewijckxLydianBrussels

B E RMU DAKatie TornariMarshall Diel & MyersHamilton

B R A Z I LCamila Leal CalaisMattos FilhoSão Paulo

Daniela de Matos RodriguesSantos Bevilaqua AdvogadosSão Paulo

Keila ManançãoSantos Bevilaqua AdvogadosRio de Janeiro

Anna Tavares de MelloTrench Rossi WatanabeRio de Janeiro

C ANADAMarie-Claude CantinLavery LawyersMontréal

Nancy J CarrollMcCarthy TétraultToronto

Laurie LaPalmeDentonsToronto

Jill E McCutcheonTorysToronto

C H I L EGloria ClaroVergara Fernandez Costa & ClaroSantiago

C H I N AMin YuanKing & Wood MallesonsBeijing

D E NMA R KChristina NeugebauerNeugebauer ClanCopenhagen

Pernille SøllingDLA PiperCopenhagen

F R AN C EFrédérique de la ChapelleDentonsParis

Séverine HotellierDentonsParis

Emmanuèle LutfallaSignature LitigationParis

Valérie RavitSquire Patton BoggsParis

Sarah Xerri-HanoteHMN & PartnersParis

G E RMAN YEva-Maria Barbosa See bioClyde & CoMunich

Gunbritt Kammerer-GalahnTaylor WessingDüsseldorf

Birgit ReeseHogan LovellsDüsseldorf

Tanja Schramm See bioClyde & CoDüsseldorf


INSURANCE AND REINSURANCE EXPERT LISTINGS

HONG KONGS A RCarmel GreenRPCHong Kong

Joanie KoKennedysHong Kong

Rosita LauInceHong Kong

Mun YeowClyde & CoHong Kong

Angela S Y YimMayer BrownHong Kong

Jenny W Y YuMayer BrownHong Kong

I N D I AShailaja LallShardul Amarchand Mangaldas & CoNew Delhi

I R E L A N DElizabeth BothwellArthur CoxDublin

Aisling GannonEversheds SutherlandDublin

Rachel KavanaghMason Hayes & CurranDublin

April McClements See bioMathesonDublin

I S R A E LTamar Arad-KarethNaschitz Brandes AmirTel Aviv

Tammy GreenbergLevitan Sharon & CoTel Aviv

Rachel LevitanLevitan Sharon & CoTel Aviv

Peggy SharonLevitan Sharon & CoTel Aviv

Sharon SheferLevitan Sharon & CoTel Aviv

N E T H E R L AN D SBerry van WijkHouthoffRotterdam

Natalie VloemansPloum Lodder PrincenRotterdam

N EW Z E A L AN DAndrea ChallisMcElroysAuckland

Marika Eastwick-FieldRussell McVeaghAuckland

P O L AN DBeata Balas-NoszczykHogan LovellsWarsaw

Malgorzata SurdekCMS Cameron McKenna NabarroOlswang Posniak I SawiWarsaw

S I N G A PO R ESummer MontagueRPCSingapore

Elaine TayRajah & TannSingapore

Anna TippingNorton Rose FulbrightSingapore

Ying Shuang WangRajah & TannSingapore

S O U T H A F R I C AKim RewWebber WentzelCape Town

Christine RodriguesBowmansJohannesburg

SW I T Z E R L A N DMelissa GautschiSwiss Insurance LawZurich

Ulrike Mönnichmbh attorneys at lawZurich

T U R K E YAyşegül AndıçAndıç Eriş Attorney PartnershipIstanbul

Pelin BaysalBaysal & DemirIstanbul

UN I T E DK I N G DOMClaire BowlerDWFLondon


EXPERT LISTINGS INSURANCE AND REINSURANCE

Margaret CampbellReed SmithLondon

Dorothy Cory-WrightDechertLondon

Sharon Daly See bioMathesonLondon

Susan DingwallNorton Rose FulbrightLondon

Hilary EvenettClifford ChanceLondon

Helen FaulknerDAC BeachcroftLondon

Michelle GeorgeNorton Rose FulbrightLondon

Siobán Healy QC7KBWLondon

Rebecca HopkirkDLA PiperLondon

Maria RossNorton Rose FulbrightLondon

Victoria SanderLatham & WatkinsLondon

Susie WakefieldShoosmithsLondon

UN I T E D S TAT E SM Paige BerrySaul Ewing Arnstein & LehrPrinceton

Cynthia J BorrelliBressler Amery & RossFlorham Park

Beth BradleyTollefson Bradley Ball & MitchellDallas

Melissa BrillCozen O’ConnorNew York

Jane M ByrneMcDermott Will & EmeryNew York

Mary Craig CalkinsBlank RomeLos Angeles

Leah CampbellWillkie Farr & GallagherNew York

Corinne P CarrCarr Legal GroupChicago

Nancy Sher CohenLathrop GageLos Angeles

Robin CohenCohen Ziffer Frenchman & McKennaNew York

Elena M CoyleSkadden Arps Slate Meagher & FlomNew York

Joan D’AmbrosioAtheria LawSan Francisco

Janet R DavisCozen O’ConnorChicago

Angela R ElbertNeal Gerber & EisenbergChicago

Wendy N EnersonCozen O’ConnorChicago

Anna P EnghCovington & BurlingWashington DC

Laura A FogganCrowell & MoringWashington DC

Mary Beth ForshawSimpson Thacher & BartlettNew York

Marialuisa S GallozziCovington & BurlingWashington DC

Sarah D GordonSteptoe & JohnsonWashington DC

Laura J HansonMeagher & GeerMinneapolis

Christine S HaskettCovington & BurlingSan Francisco

Antonia B IannielloSteptoe & JohnsonWashington DC

Michele L JacobsonStroockNew York

Deirdre G JohnsonMintz Levin Cohn Ferris Glovsky andPopeoWashington DC

Jeanne M KohlerCarlton FieldsNew York

Linda KornfeldBlank RomeLos Angeles

Tara C KowalskiJones DayLos Angeles

Ann V KramerReed SmithNew York

Rachel S KronowitzGilbertWashington DC

Paula E LittHonigmanChicago

Lorelie S MastersHunton Andrews KurthWashington DC

Kimberly M MelvinWiley ReinWashington DC

Helen K MichaelBlank RomeWashington DC


INSURANCE AND REINSURANCE EXPERT LISTINGS

Suzanne Cocco MidligeCoughlin Midlige & GarlandMorristown

Lynn H MurrayShook Hardy & BaconChicago

Sherilyn PastorMcCarter & EnglishNewark/New York

Katherine B PosnerCondon & ForsythNew York

Stacey J RappaportMilbankNew York

Carolyn H RosenbergReed SmithChicago

Cynthia R ShossEversheds SutherlandNew York

Teresa SniderPorter Wright Morris & ArthurChicago

Donna J VobornikDentonsChicago

Margaret H WarnerMcDermott Will & EmeryWashington DC

Mikaela WhitmanPasichNew York



I N T E R N AT I ONA L T R A D E


INTERNATIONAL TRADE ATTORNEY BIOGRAPHIES

Junko Suetomi is a partner in Baker & McKenzie, Tokyo office andhandles the firm’s international trade and dispute resolution practice.Ms Suetomi focuses her practice on commercial and trade laws andregulations, WTO dispute settlement, civil and criminal litigation,antitrust law, bankruptcy law and general corporate law. She hasextensive experience advising clients on issues involving trade remedymatters such as an anti-dumping and countervailing duties, importrestrictions, customs matters, export control and sanctions, tarifftreatment and FTA/EPA applications, public procurements, amongothers.

Prior to joining Baker & McKenzie, Ms Suetomi worked in the WTODispute Settlement Division of the Ministry of Foreign Affairs’Economics Bureau. She has served as a court-appointed defenseattorney in many criminal cases. Ms Suetomi has co-authorednumerous publications related to her practice. Ms Suetomi was thechair and now is vice-chair of the Human Rights Committee of theTokyo Bar Association. She delivers lectures at Waseda University andNational Tax College. She is a member of the Japan Association ofInternational Economic Law. She has served as an expert member ofthe Ministry of Finance’s Council on Customs, Tariff, ForeignExchange and Other Transactions since 13 March 2019. She has beenappointed a Bar Examiner by the Minister of Justice.

Ms Suetomi has been admitted both in Japan and New York State,United States.

Ms Suetomi has received her LL.B. from Tokyo University and KyushuUniversity, her LL.M. from New York University School of Law andCornell Law School. She has completed judicial training at LegalResearch and Institute of the Supreme Court of Japan.

Junko SuetomiBaker McKenzieArk Hills Sengokuyama Mori Tower 28F1-9-10 Roppongi, Minato-kuTokyo 106-0032JapanTel: (81) 3 6271 9741Email: [email protected]: www.bakermckenzie.com

J A PAN


EXPERT LISTINGS INTERNATIONAL TRADE

B E L G I UMLourdes CatrainHogan LovellsBrussels/Madrid

Nadiya NychayDentonsBrussels

Paulette Vander SchuerenMayer BrownBrussels

B R A Z I LAna T CaetanoVeirano AdvogadosSão Paulo

Leonor CordovilGrinberg Cordovil AdvogadosSão Paulo

Carla JunqueiraCarla Junqueira & AssociadasSão Paulo/Buenos Aires

Vera KanasTozziniFreire AdvogadosSão Paulo

Alessandra S MachadoTrench Rossi WatanabeSão Paulo

Carolina UresSidera ConsultSão Paulo

Andrea Weiss BalassianoMundie e AdvogadosSão Paulo

C ANADABrenda C SwickCassels Brock & BlackwellToronto

Cyndee Todgham CherniakLexSageToronto

Wendy J WagnerGowling WLGOttawa

C H I N AYao FengSunland Law FirmBeijing

Vivian WangEast & Concord PartnersBeijing

G E RMAN YBärbel SachsNoerrBerlin

Anahita ThomsBaker McKenzieDüsseldorf

HONG KONGS A RTatman R SavioAkin Gump Strauss Hauer & FeldHong Kong/Washington DC

J A PANJunko Suetomi See bioBaker McKenzie (Gaikokuho JointEnterprise)Tokyo

MA L AY S I AKoon Huan LimSkrineKuala Lumpur

M E X I C OAdriana Ibarra-FernándezBaker McKenzieMexico City

Turenna Ramírez-OrtizSánchez DeVanny EseverriMexico City

SW I T Z E R L A N DClotilde du ParcVan Bael & BellisGeneva

T H A I L A N DPornapa LuengwattanakitBaker McKenzieBangkok

Melisa UremovicRajah & Tann AsiaBangkok

U K R A I N EAnzhela MakhinovaSayenko KharenkoKyiv

UN I T E DK I N G DOMAline DoussinHogan LovellsLondon/Paris

Chiara KlauiAkin Gump Strauss Hauer & FeldLondon

Meredith RathboneSteptoe & JohnsonLondon/Washington DC

UN I T E D S TAT E SAdrienne BraumillerBraumiller Law GroupDallas

Kathleen W CannonKelley Drye & WarrenWashington DC

F Amanda DeBuskDechertWashington DC

Susan G EssermanSteptoe & JohnsonWashington DC


INTERNATIONAL TRADE EXPERT LISTINGS

Nancy A FischerPillsbury Winthrop Shaw PittmanWashington DC

Kay C GeorgiArent FoxWashington DC

Carolyn B GleasonMcDermott Will & EmeryWashington DC

Judith Alison LeeGibson Dunn & CrutcherWashington DC

Greta LichtenbaumO’Melveny & MyersWashington DC

Julie C MendozaMorris Manning & MartinWashington DC

Kristin Heim MowryMowry & GrimsonWashington DC

Kathleen M MurphyFaegre Drinker Biddle & ReathChicago

Sarah M NappiLatham & WatkinsWashington DC

Nancy A NoonanArent FoxWashington DC

Joanne E OsendarpHughes Hubbard & ReedNew York/ Washington DC

Beth PetersHogan LovellsWashington DC

Kimberly A StrosniderCovington & BurlingWashington DC



I N V E S T M EN T F U N D S

Feature for:

Ireland, by Julie Murphy-O’Connor and Tara Doyle of Matheson 100


INVESTMENT FUNDS THOUGHT LEADERSHIP


Matheson partners Julie Murphy-O’Connor and Tara Doyle discusswork-life balance, the firm’scommitment to diversity andinclusion and provide useful adviceon how to develop your careerJulie Murphy-O’Connor and Tara DoyleMathesonDublin

How do you think the covid-19 pandemic has or will impactgender parity in the legal profession within your jurisdiction?The pandemic has demonstrated just how agile work can be in thelegal profession. Embracing flexible working for all genders has thepotential to change the legal landscape dramatically in the future.Working from home allows people to be much more efficient withtheir time. No time is wasted on commuting or waiting around beforemeetings or waiting around court, as all of these things are happeningvirtually. It also means more family time.Having said all of that, research suggests that certain consequences

of the pandemic such as home schooling, household chores and care-giving responsibilities have been shouldered to a greater extent bywomen. Organisations need to be live to these issues and to the ac-tions they can take to encourage and support the continued successand progress of women in the workforce so as to ensure women cancontinue to thrive both personally and professionally.There are several critical areas in which employers can take action,

from making flexible working the norm, emphasising trust and empa-thy, providing networking and mentoring opportunities, implement-ing learning experiences that work for employees’ daily lives,addressing unconscious bias in succession and promotion planning,and making diversity, respect, and inclusion non-negotiable valuesthat are lived out in the everyday work culture. The most importantthing to remember is there is no one size fits all approach.

What obstacles have you had to contend with during your legalcareer that related to your gender?Julie Murphy-O’Connor: As a mother of three, I have had to navigateall of the usual issues that face women across legal and other profes-sions, including periods of absence for maternity leave, unconsciousbias, and juggling the need to be always on at work and at home.The key to making career and family work in a sustainable way is

to be organised and have a steady support network of whatever form.It helps when both parents contribute to the children’s upbringing

and it’s important to prioritise finding childcare arrangements thatwork well for both the children and the parents. Although it can beexpensive in the short term, it is worth investing in this for the longterm.

From the perspective of gender equality how does theenvironment in which you work now compare to the one youbegan your career in?Julie Murphy-O’Connor: Prospects for progression are more encour-aging for women today than when I started out 25 years ago. When Istarted out there were no working mothers who were partners in thefirm to act as role-models. There was no value placed on diversity andinclusion. The few that did progress to senior positions in the yearsthat followed were often stereotyped and frequently had to workharder than many of their male counterparts to get to the same level.Nowadays, both men and women are for the most part under simi-

lar pressures in terms of juggling childcare demands, which of itselfcreates a more equal environment. There are also so many more suc-cessful role models for women.In Matheson, we have clear gender diversity goals that are under-

pinned by measurable outputs, including a commitment to have 40%female representation on our leadership team by 2024. Already 40% ofour partners are women, this represents considerable progress, in thelast five years in particular. Notably, the business has also grown fromstrength to strength in this period. Matheson is now the largest lawfirm in Ireland.Not only do we positively demand diversity and inclusivity to be

visible in everything that we do, but a factor not to be underestimated


THOUGHT LEADERSHIP INVESTMENT FUNDS


is that our clients now also actively expect and demand that their pro-fessional advisors demonstrate this.I am confident that progress in this regard will continue exponen-

tially, with more and more females in leadership roles who will act asrole models and mentors for those starting out in their careers.I would love to think we are at a point where leadership positions

are something that women starting out in their careers at Mathesonnot just aspire to, but fully expect to achieve.

Do you feel the legal profession within the jurisdiction where youare based treats women and men equally? If there areinconsistencies where are these most noticeable?There still is more to be done across the legal profession in Ireland.The Law Society of Ireland is doing its bit, most recently by invitingits members to commit to its Gender Equality Diversity and InclusionCharter. All of the larger professional firms have diversity and inclu-sion firmly on their agendas. However, women are still notably under-represented at the Commercial Bar. This is an area in which the entireprofession has a responsibility to drive change, including by instruct-ing counsel more mindfully.To ensure change happens and opportunities are truly equal, every

firm and every branch of the profession should set themselves clearand ambitious goals that they must achieve within set timelines,embed a culture within the organisation that ensures that anythingless than a truly diverse approach to every decision they make –whether it be hiring, promotion or how they resource their flagshipcases – will not be tolerated.

What initiatives do you have in place at your firm to promotegender equality? Does your firm have other diversityprogrammes?In implementing diversity and inclusion (D&I) at Matheson, our ini-tial focus has been on the following six pillars:• multiculturalism and social mobility,• gender,• generational,• family and working parents,• disability and• LGBTQ+.To support these pillars, we have numerous programmes running

including, by way of example, Matheson’s D&I scholarship in partner-ship with Trinity College Dublin; the Matheson maternity and paternityprogrammes; the Matheson life stages series; unconscious bias training;the Matheson open doors programme and the Matheson agile workingprogramme. Matheson was also one of Ireland’s founding members ofthe OUTLaw Network which is aimed at promoting the inclusion ofLGBTQ+ employees across the legal sector in Ireland. On gender diver-sity, we have clear goals that are underpinned by measurable outputs,for example our commitment to have 40% female representation onour leadership team by 2024, and this work will continue.We have worked hard to continue many of the programmes and

initiatives virtually during the pandemic, as we believe it is as impor-tant now as it has ever been to maintain the connectivity and sense ofbelonging of our people, especially when working from home.

Matheson has been recognised by the Irish Centre for Diversity forits work in D&I and awarded its Investors in Diversity Gold Standard.This recognition is a significant milestone for us and represents a clearvalidation of the D&I initiatives which we have embedded. Achievingthe D&I Gold Standard was made possible through the collectivework and dedication of Matheson colleagues across the firm. In 2019,we were the first Irish law firm to achieve the Silver Standard, and in2020 we were the first organisation in Ireland, across all sectors, toachieve the Gold Standard.The Financial Times has recognised Matheson’s commitment to

D&I in its Innovative Lawyers Report 2019, ranking Matheson as Ire-land’s most innovative law firm for D&I. In May 2020, we were alsoranked the seventh most gender-diverse law firm in Europe based onthe number of female partners at the firm (The Lawyer, European100, 2020).Whilst it is great to receive this external recognition, seeking inter-

nal feedback and listening to it is very important to us, as is con-stantly challenging ourselves on how we can continue to evolve andimprove.

What advice would you give to women in junior positions toencourage them to work towards attaining senior positions?Don’t cut off your career branches too early – don’t step away fromyour career based on what might happen.Don’t be afraid to put yourself out of your comfort zone and spot

growth opportunities when they present themselves – even if youthink you’re not ready. Growth and comfort tend not to co-exist.Don’t be too hard on yourself. Be resilient. When things go wrong,

dust yourself off. Learn and move on.Remember, it is never too early in your career to add value and to

differentiate yourself. Don’t be afraid to come forward with ideas as tohow to do things better. Use your millennial skills, whether by im-proving your practice’s online presence or introducing technologicalsolutions to improve service delivery.Find a niche area of law as a specialty. This will greatly increase

your value.Finally, when the going gets tough, hang in there. If you are in the

throes of early motherhood, you may find it difficult to believe now,but one day your child will grow up and tell you what an amazing rolemodel you are and how proud of you they are.

If you could introduce one policy related to gender equality inthe legal profession what would it be?Mentoring programmes are helpful and for those that find a goodmentor and champion, it can be a game-changer.More fundamentally, what women need in order to progress in the

legal profession is (1) respect; (2) flexibility; (3) support and encour-agement and (4) for the organisations in which they work to haveclear, measurable and time-bound goals around equal representationat the very top.

For more information, please contact:Julie Murphy-O’Connor - [email protected] Doyle - [email protected]


INVESTMENT FUNDS ATTORNEY BIOGRAPHIES

Tara Doyle is a partner and head of the Asset Management andInvestment Funds Department at Matheson. She practises Irishfinancial services law and advises many of the world’s leading financialinstitutions, investment banks, asset management companies, broker-dealers and corporations carrying on business in Ireland or throughIrish vehicles. Tara has extensive experience in advising a wide range ofdomestic and international clients on the structuring, establishment,marketing and sale of financing and investment vehicles and productsin Ireland and other jurisdictions. In particular she specialises inadvising on the legal and regulatory issues surrounding theestablishment of private and public investment funds.

Tara was a member of the Council of Irish Funds, the representativebody for the Irish funds industry from 2015 to 2019 and served asChair for the 2017 / 2018 term. Tara currently serves as Chair of theIrish Funds ESG Sustainability Working Group and in that capacityleads the Irish Funds ESG Policy, Legal & Regulatory Workstream.

Experience Highlights• Leading UK investment managers in relation to their Brexitplanning, including the establishment of Irish financial servicesproviders and Irish domiciled investment fund products.

• The first AIFM to be authorised in Europe.• In relation to the implementation of the EU ESG Action Plan andits impact on Irish financial market participants and investmentfunds.

• A leading US investment advisor in relation to the merger of itsIrish and Luxembourg management companies.

• Irish management companies and investment funds on riskmitigation programmes issued by the Central Bank of Ireland.

Tara DoyleMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2221Email: [email protected]: www.matheson.com

I R E L A N D

Liz Grace is a partner at Matheson with a background in financialservices law. Liz was appointed communications strategy director atthe firm in 2016.

Liz’s background in investment funds law stems from several years ofpractice in the area, working from early on in her career in 2000 withMatheson’s global asset management client base in the establishment,operation and re-structuring of Irish domiciled investment funds.

Following on from that, she established the first dedicated knowledgemanagement function at practice level with the Asset Management andInvestment Funds team in Matheson, focussing on the law andregulation of investment funds and asset managers, in particular inrelation to emerging European and Irish legal and regulatorydevelopments affecting asset managers and investment funds. In 2012,Liz wrote the first university Funds Law syllabus in Ireland forMaynooth University. Liz’s postgraduate qualifications include amaster’s degree in law from Oxford University.

Elizabeth GraceMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2104Email: [email protected]: www.matheson.com

I R E L A N D


ATTORNEY BIOGRAPHIES INVESTMENT FUNDS

Michelle is a partner in the Asset Management and Investment FundsGroup at Matheson.

Michelle practises Irish financial services law and advises many of theworld’s leading financial institutions, investment banks, assetmanagement companies and service providers carrying on business inIreland or through Irish vehicles.

She has extensive experience in advising a wide range of domestic andinternational clients on the structuring, establishment, marketing andsale of investment vehicles and products in Ireland and otherjurisdictions. In particular, Michelle advises on the legal and regulatoryissues surrounding the establishment of AIF and UCITS structures,including hedge funds, managed account platforms, master feeder,fund of fund, complex and bespoke structures. She also advises on thestructuring, offer and sale of investment instruments and investmentproducts, the provision of investment advice and other financialservices.

Michelle has advised some of the world’s largest alternative investmentmanagers on the implementation of AIFMD and also advised on thefirst inward AIFMD management passport into Ireland. She also hasextensive experience in advising international clients in relation toUCITS’ legislative and regulatory developments.

Michelle also has extensive experience in advising on the establishmentof loan origination structures and advised on the establishment of oneof the first regulated loan origination AIFs in Ireland.

Michelle is the 2017 International Law Office Client Choice awardwinner for Banking Law in Ireland, a category that incorporatesfinancial services and has been listed one of the 50 Leading Women inHedge Funds for 2019 by The Hedge Fund Journal, a leading globalpublication for Asset Management.

Michelle RidgeMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2758Email: [email protected]: www.matheson.com

I R E L A N D

Caroline Clemetson is a member of the firm’s managementCommittee. She is head of Schellenberg Wittmer’s investment fundsgroup and a partner in the banking and finance group. Carolinefocuses on banking and finance law, in particular, financial servicesand financial regulation, asset management, collective investmentschemes and other investment products, distribution of financialproducts, derivatives, trade finance, pension funds as well as insuranceand insurance brokerage regulation.

Examples of Caroline’s expertise include: counsel to a major Swissfund management company for the set-up of a new Swiss MortgageFund which has been described as one of the most innovative productsin the market in the last five years; advising fund managers onobtaining their FINMA license as fund manager in Switzerland andimplementing their new organisation, including the set-up of thecompliance and risk management as well as the implementation of thenew anti-money laundering regulation and counsel to several majorfund management companies for the set-up of complex Swissproducts (several billion of AuM).

Caroline is an authorised representative at the SIX Swiss Exchange andis a member of the specialist committee legal and compliance of theSwiss Funds and Asset Management Association (SFAMA).

Caroline graduated from the Universities of Lausanne and Zurich in2001 and was admitted to the Swiss Bar in 2003. In 2006, she earned anLLM from Columbia University.

Before joining Schellenberg Wittmer as a partner in 2014, Carolineworked for the Swiss Financial Markets Supervisory Authority FINMA(2006 to 2014), where she was head of the investment products anddistribution department within the Markets division.

Caroline ClemetsonSchellenberg Wittmer15bis, rue des AlpesPO Box 20881211 GenevaSwitzerlandTel: (41) 22 707 8000Email: [email protected]: www.swlegal.ch




Stephanie R Breslow is co-head of the Investment Management Groupand a member of the firm’s Executive Committee. She maintains adiverse practice that includes liquid funds, private equity funds and thestructuring of investment management businesses. She focuses herpractice on the formation of private equity funds (including LBO,mezzanine, distressed, real estate and venture) and liquid-securitiesfunds (including hedge funds, hybrid funds, credit funds and activistfunds) as well as providing regulatory advice to investment managers.She also represents fund sponsors and institutional investors inconnection with seed-capital investments in fund managers andacquisitions of interests in investment management businesses andfunds of funds and other institutional investors in connection withtheir investment activities, including blockchain technology andvirtual currency offerings and transactions.

Recently serving as chair of the Private Investment FundsSubcommittee of the International Bar Association, Stephanie is afounding member and former chair of the Private Investment FundForum, a former member of the Advisory Board of former Third WayCapital Markets Initiative, a former member of the Board of Directorsand current member of 100 Women in Finance, a member of theBoard of Visitors of Columbia Law School and a member of the Boardof Directors of the Girl Scouts of Greater New York. Stephanie hasreceived the highest industry honors. She was named to the inauguralLegal 500 US Hall of Fame in the category of “Investment FundFormation and Management: Alternative/Hedge Funds.” Stephanie isalso listed in Chambers USA: America’s Leading Lawyers, ChambersGlobal: The World’s Leading Lawyers, Crain’s Notable Women in Law,IFLR1000 Women Leaders, Best Lawyers in America, Who’s Who Legal:The International Who’s Who of Business Lawyers (which ranked herone of the world’s “Top Ten Private Equity Lawyers”), Who’s WhoLegal: The International Who’s Who of Private Funds Lawyers (whichranked her at the top of the world’s “Most Highly RegardedIndividuals” list), Who’s Who Legal: Thought Leaders: Global Elite,Who’s Who Legal: Thought Leaders: Private Funds, Expert Guide to theBest of the Best USA, Expert Guide to the World’s Leading Banking,Finance and Transactional Law Lawyers, Expert Guide to the World’sLeading Women in Business Law and PLC Cross-border Private EquityHandbook, among other leading directories. Stephanie was named the“Private Funds Lawyer of the Year” for 2020 by Who’s Who Legal andthe Euromoney Legal Media Group’s “Best in Investment Funds” and“Outstanding Practitioner,” both at the Americas Women in BusinessLaw Awards. She is also recognized as one of The Hedge Fund Journal’s50 Leading Women in Hedge Funds and was named one of the 2012Women of Distinction by the Girl Scouts of Greater New York.Stephanie’s representation of leading private investment funds haswon numerous awards, including Law360’s Asset ManagementPractice Group of the Year. She is a much sought-after speaker on fundformation and operation and compliance issues, and she regularlypublishes articles on the latest trends in these areas.

Stephanie R BreslowSchulte Roth & Zabel919 Third AvenueNY 10022New YorkUSTel: (1) 212 756 2542Email: [email protected]: www.srz.com


Jennifer M Dunn focuses her practice on advising hedge funds, privateequity funds (including mezzanine and distressed funds), hybridfunds, funds of funds and investment advisers in connection with theirstructuring, formation and ongoing operational needs, generalsecurities laws matters, and regulatory and compliance issues. Herexperience includes structuring and negotiating seed and strategicinvestments, advising investment managers regarding the structureand sale of their investment management businesses and the structureof their compensation arrangements, and representing investmentmanagers in connection with managed accounts and single investorfunds.

Jennifer was named among the world’s “50 Leading Women in HedgeFunds” by The Hedge Fund Journal. A member of the board of directorsof 100 Women in Finance, Jennifer is recognized by The Legal 500 US,Expert Guide to the World’s Leading Banking, Finance and TransactionalLaw Lawyers (Investment Funds), Expert Guide to the World’s LeadingWomen in Business Law (Investment Funds) and has been named anIFLR1000 “Rising Star” (Investment Funds). She co-authored HedgeFunds: Formation, Operation and Regulation (ALM Law Journal Press)and presented at conferences on topics, including ESG investing,attracting and retaining capital, operational due diligence, complianceissues, co-investments, fund structures and terms, managementcompany issues and considerations for emerging managers.

Jennifer earned her J.D. from Columbia Law School, where she was aHarlan Fiske Stone Scholar, and her B.A., cum laude, from theUniversity of Pennsylvania.

Jennifer M DunnSchulte Roth & Zabel919 Third AvenueNew York 10022USTel: (1) 212 756 2009Email: [email protected]: www.srz.com



ATTORNEY BIOGRAPHIES INVESTMENT FUNDS

Dorothy D Mehta leads Cadwalader’s Investment ManagementPractice, and is the firm’s leading advisor on fund formation. Her clientbase includes US and non-US investment advisers, wealthmanagement platforms and family offices. Dorothy has extensiveexperience in the structuring, formation and operation (domesticallyand on a cross border basis) of a variety of alternative investmentsproducts, including US and non-US hedge funds, private equity funds,hybrid funds, funds of funds, collective investment trusts andcommodity pools (both privately and publicly offered), and theestablishment of separately managed account arrangements.

Dorothy regularly advises clients on registration and relatedcompliance requirements of the SEC and CFTC, as well as on matterspertaining to the Investment Advisers Act, the Investment CompanyAct, the Commodity Exchange Act and federal and state securities lawsgenerally.

Dorothy has been named leading hedge fund lawyer by ChambersUSA, a “Next Generation Partner” in alternative and hedge fundformation by The Legal 500 US, a “Highly Regarded” hedge fund andinvestment fund lawyer in IFLR 1000, and as a top-rated securities andcorporate finance attorney in New York by Super Lawyers. Dorothy hasbeen recognized in Euromoney Legal Media Group’s Guide to theWorld’s Leading Women in Business Law and was shortlisted for the2019 Euromoney LMG Americas Women in Business Law Awards for“Best in Investment Funds.”

Dorothy is frequently asked to speak and write on a wide range ofinvestment management issues and recently co-authored the chapter,“US Tax and Regulatory Considerations,” in Private Trust Companies: AHandbook for Advisers (2020).

Dorothy received her J.D. from Fordham University School of Law andB.A. from Cornell University.

Dorothy D MehtaCadwalader, Wickersham & Taft LLP200 Liberty StreetNew York, NY 10281USTel: (1) 212 504 6846Email: [email protected]: www.cwt.com


Amanda N Persaud is a Partner in Ropes & Gray’s Asset ManagementPractice. Her practice focuses on advising sponsors on the formationand operation of private investment funds, including hedge funds,hybrid structures, private equity, credit, venture, real estate and otherstrategies. Amanda regularly leads numerous global fund raises forprominent sponsors and serves as their primary advisor on a widerange of governance, operational and regulatory matters. She also hassignificant experience advising on recapitalizations of privateinvestment funds, succession planning, and management companyarrangements.

Amanda has been listed as a leading private funds lawyer in ChambersUSA; The Legal 500 USA; Law Business Research’s International Who’sWho of Private Funds Lawyers and Who’s Who of Business Lawyers;and Legal Media Group’s Expert Guide to the World’s Leading BankingFinance and Transactional Lawyers and Expert Guide to Women inBusiness.

Amanda speaks extensively on a range of topics affecting privateinvestment funds at conferences sponsored by the International BarAssociation, Association of the Bar of the City of New York, PractisingLaw Institute and other industry forums.

Her many publications include: Private Equity’s Pixie Dust: CarriedInterest Arrangements 16th Annual Private Equity Forum, PractisingLaw Institute; “Private Equity: Longer Term Investment Structures”18th Annual Private Equity Forum, Practising Law Institute; PrivateEquity Funds: Legal Analysis of Structural, ERISA, Securities andOther Regulatory Issues in Investment Adviser Regulation, as well as,Financial Product Fundamentals, Second Edition, Practising LawInstitute.

Amanda N PersaudRopes & Gray1211 Avenue of the AmericasNew York, 10036-8704USTel: (1) 212 596 9047Email: [email protected]: www.ropesgray.com




Phyllis A Schwartz focuses her practice on the structuring, formationand operation of private equity funds, including buyout funds, venturecapital funds, mezzanine funds, distressed funds, litigation financingfunds and real estate funds. She represents both fund sponsors andinvestors in her practice. In addition to assisting fund sponsors withtheir internal management arrangements, succession planning, capitalcall borrowing facilities and formation of co-investment vehicles, shehas extensive experience with institutional investors and regularlyadvises clients on market terms of investment funds. Phyllis alsoadvises private equity funds in connection with their capital call creditlines and investments in, and dispositions of, portfolio companies.

Phyllis is listed in The Legal 500 US, The Best Lawyers in America, NewYork Super Lawyers, Who’s Who Legal: The International Who’s Who ofPrivate Funds Lawyers, Expert Guide to the World’s Leading Banking,Finance and Transactional Law Lawyers (Investment Funds, PrivateEquity) and the Expert Guide to the World’s Leading Women in BusinessLaw (Investment Funds). A member of New York’s Private InvestmentFund Forum, Phyllis frequently shares her insights on effective fundformation strategies at industry conferences and seminars. She recentlydiscussed compliance concerns for co-investments and issues relatedto fund restructuring and secondary transactions. Interviewed byPrivate Funds Management in the article “Ringing the Changes,” Phyllisis also the co-author of Private Equity Funds: Formation and Operation(Practising Law Institute), which is considered the leading treatise onthe subject. In addition, she contributed to the Fund Formation andIncentives Report (Private Equity International in association withSRZ), as well as a chapter on “Advisers to Private Equity Funds –Practical Compliance Considerations” in Mutual Funds and ExchangeTraded Funds Regulation, Volume 2 (Practising Law Institute).

Phyllis received her J.D. from Columbia Law School and her A.B. fromSmith College.

Phyllis A SchwartzSchulte Roth & Zabel919 Third AvenueNew York 10022USTel: (1) 212 756 2417Email: [email protected]: www.srz.com



EXPERT LISTINGS INVESTMENT FUNDS

AU S T R A L I ANikki BentleyEYSydney

Michelle SegaertEYSydney

Lisa SimmonsAshurstSydney

Fiona SmedleyHerbert Smith FreehillsSydney

C ANADARebecca A CowderyBorden Ladner GervaisToronto

Lynn McGradeBorden Ladner GervaisToronto

Jennifer A WainwrightAird & BerlisToronto

C AYMANI S L A N D SMelissa LimWalkersGrand Cayman

Ingrid PierceWalkersGrand Cayman

Gwyneth ReesMaples GroupGrand Cayman

Caroline WilliamsWalkersGrand Cayman

C H ANN E LI S L A N D SEmily HaithwaiteOgierJersey

Niamh LalorOgierJersey

C H I N ACatherine F ChenZhong Lun Law FirmShanghai

Helena HuangKing & Wood MallesonsBeijing/Hong Kong

Sandra LuLlinks Law OfficesShanghai

Ying WhiteClifford ChanceBeijing

F R AN C ENathalie DuguayWillkie Farr & GallagherParis

G E RMAN YPatricia VolhardDebevoise & PlimptonFrankfurt am Main/London

HONG KONGS A RLorna Xin ChenShearman & SterlingHong Kong

Vivien CS FungConyers Dill & PearmanHong Kong

Anne-Marie GodfreyAkin Gump Strauss Hauer & FeldHong Kong

Kate HodsonOgierHong Kong

Judy LeeApplebyHong Kong

Carol G LiuKirkland & EllisHong Kong

Ann NgMaples GroupHong Kong

Serena TanMorrison & FoersterHong Kong

Effie VasilopoulosSidley AustinHong Kong

Denise WongWalkersHong Kong

Sharon YapMaples GroupHong Kong

I R E L A N DGayle BowenPinsent MasonsDublin

Sarah CunniffArthur CoxDublin

Tara Doyle See bioMathesonDublin

Jennifer FoxWalkersDublin

Elizabeth Grace See bioMathesonDublin

Deborah HuttonEversheds SutherlandDublin

Eimear KeaneWalkersDublin

Sarah MaguireWalkersDublin

Tara O’ReillyArthur CoxDublin


INVESTMENT FUNDS EXPERT LISTINGS

Michelle Ridge See bioMathesonDublin

Carol WidgerDechertDublin

I S R A E LMiriam HaberRaveh Haber & Co AdvocatesTel Aviv

J A PANHarume NakanoMori Hamada & MatsumotoTokyo

Eriko SakataLinklatersTokyo

L U X EM BOU RGMichèle EisenhuthArendt & MedernachLuxembourg

Isabelle LebbeArendt & MedernachLuxembourg

N E T H E R L AN D SEllen Cramer-de JongAllen & OveryAmsterdam

Larissa SilverentandNautaDutilhAmsterdam

N EW Z E A L AN DTracey CrossDLA PiperAuckland

Rachel TaylorDLA PiperWellington

S I N G A PO R EJosephine LawSidley AustinSingapore

Laura RogersWalkersSingapore

S PA I NIsabel RodríguezKing & Wood MallesonsMadrid

SW I T Z E R L A N DCaroline Clemetson See bioSchellenberg WittmerGeneva/Zurich

UN I T E DK I N G DOMKaren L AnderbergDechertLondon

Claire ArmstrongDentonsEdinburgh

Kirstene BaillieFieldfisherLondon

Abigail BellDechertLondon

Emily BrownRopes & GrayLondon

Heidi de VriesMaples GroupLondon

Kate DowneyFried Frank Harris Shriver & JacobsonLondon

Lorena DunneWilliam FryLondon

Nicola HopkinsAshurstLondon

Amanda HowardCMS Cameron McKenna NabarroOlswangLondon

Mary B KuusistoProskauer RoseLondon/Boston

Samantha Lake CoghlanGoodwinLondon

Mary LavelleAkin Gump Strauss Hauer & FeldLondon

Diala MinottPaul HastingsLondon

Mikhaelle SchiappacasseDechertLondon

Seema ShahSimpson Thacher & BartlettLondon

Pamela ThompsonEversheds SutherlandLondon

Michaela WalkerEversheds SutherlandLondon

UN I T E D S TAT E SErica BerthouKirkland & EllisNew York

Lorna BowenDebevoise & PlimptonNew York

Stephanie R Breslow See bioSchulte Roth & ZabelNew York

Wendy E CohenKatten Muchin RosenmanNew York


EXPERT LISTINGS INVESTMENT FUNDS

Lea Anne CopenheferMorgan Lewis & BockiusBoston

Heather CruzSkadden Arps Slate Meagher & FlomNew York

Sarah DavidoffRopes & GrayNew York

Marie T DeFalcoLowenstein SandlerNew York/New Jersey

Isabel KR DischeRopes & GrayNew York/Boston

Jennifer M Dunn See bioSchulte Roth & ZabelNew York

Stephanie Epstein SrulowitzWeil Gotshal & MangesNew York

Laurel FitzPatrickRopes & GrayNew York

Leigh R FraserRopes & GrayBoston/New York

Laura FriedrichWillkie Farr & GallagherNew York

Allison FumaiDechertNew York

Maria GattusoDeloitteStamford

Alyssa A GrikscheitSidley AustinNew York

Olga GutmanSimpson Thacher & BartlettNew York

Amran HusseinPaul Weiss Rifkind Wharton & GarrisonNew York

Sarah E KirsonKirkland & EllisChicago

Laurin Blumenthal KleimanSidley AustinNew York

Elizabeth LenasCleary Gottlieb Steen & HamiltonNew York

Dorothy D Mehta See bioCadwalader Wickersham & TaftNew York

Rita M MolesworthWillkie Farr & GallagherNew York

Margery K NealeWillkie Farr & GallagherNew York

Amanda H NussbaumProskauer RoseNew York

Brynn D PeltzGoodwinNew York

Amanda N Persaud See bioRopes & GrayNew York

Anastasia T RockasSkadden Arps Slate Meagher & FlomNew York

Nadia SagerLatham & WatkinsSan Diego

Lisa M SchneiderFried Frank Harris Shriver & JacobsonNew York

Phyllis A Schwartz See bioSchulte Roth & ZabelNew York

Andrea J SchwartzmanLatham & WatkinsNew York

Elizabeth Shea FriesSidley AustinBoston

Rebecca F SilbersteinDebevoise & PlimptonNew York

Kathleen A WalshLatham & WatkinsNew York



L A B O U R A N D E M P L O YM EN T


ATTORNEY BIOGRAPHIES LABOUR AND EMPLOYMENT

Geraldine is a partner in the Employment, Pensions and BenefitsGroup. She provides strategic, practical and commercially focussedadvice to international and domestic clients on all aspects ofemployment law. Her practice spans a variety of sectors, includingtechnology, financial services and pharmaceuticals.

Geraldine has extensive experience advising in relation to themanagement of employees on a day to day basis, including the draftingand implementation of contractual documentation and employmentpolicies and procedures, as well as guiding employers through crisismanagement issues in the context of workplace investigations,misconduct allegations, grievances, bullying, harassment, andperformance management procedures.

Geraldine has particular expertise in advising clients on seniorexecutive appointments and terminations, particularly in regulatedindustries, as well as case managing employment injunctions anddefending claims before the Workplace Relations Commission, theCircuit Court and the High Court.

She provides pragmatic advice on the employment law aspects ofcorporate restructurings, outsourcings, and individual and collectiveredundancy situations.

Geraldine worked with Matheson’s US client base from the firm’s SanFrancisco and Palo Alto offices for six months in 2017 / 18. As a result,Geraldine has a deep understanding of the key distinctions betweenemployment law in Ireland as compared with other jurisdictions.

She frequently provides bespoke employment law workshops toclients. She is a regular speaker at conferences and a tutor at the LawSociety’s professional practice course for trainee solicitors. She alsoregularly publishes articles on employment law matters. Topics onwhich she has recently written and spoken on include: “FairProcedures and the Right to Cross Examination during WorkplaceInvestigations”, “US Employers in Ireland: Key Distinctions Betweenthe Employment Law Landscape in the US and Ireland”, “RecentDevelopments in Employment Injunctions”, “Common Pitfalls andDeveloping Trends in Employment Law in Ireland’, “Important RulingExtends the WRC’s Powers to Disregard National Law that is Contraryto EU Law”, and various articles on Ireland’s workplace relationssystem.

Geraldine is an active committee member of the Employment LawAssociation of Ireland (ELAI) and the Law Society of Ireland’sEmployment and Equality Law Committee. She is also an activemember of the American Bar Association’s International Labor andEmployment Law section and the European Employment LawAssociation of Ireland. Geraldine originally qualified as a CharteredTax Adviser.

Geraldine CarrMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2400Email: [email protected]: www.matheson.com

I R E L A N D

Emi Uchida is a partner from Atsumi & Sakai and experienced lawyerwho has provided labour and employment law services. She started hercareer in 2000 at Anderson Mori & Tomotsune (October 2000-March2014). Then, she had worked for legal firms which are member of “big 4”accounting firms, EY Law Co. (April 2014-May2015) and DT Legal Japan(May 2015-July 2017).

Throughout her career, she has provided various labour and employmentlaw services to multinational companies which include UK, US and othercountries’/areas’ inbound clients. She has advised inbound clients havingJapanese subsidiaries or branches by directly communicating with globalor Asia regional HR heads. She has also handled outbound engagementsfor Japanese multinational companies having oversea subsidiaries orbranches by closely collaborating with foreign lawyers.

Examples of her services include:

• Advised non-Japanese multinational companies starting business inJapan on hiring officers, employees or consultants in Japan includingimmigration law advice;

• Advised non-Japanese multinational companies’ Japanese subsidiariesor branches including (i) preparation or review of HR policies (suchas work rules/employee handbook/code of conducts) by adoptingglobal policies to the extent permissible and proper under Japaneselaws and practices, (ii) advice on the communications with theemployees for the implementation of new or revised HR policies;

• Advised on the implementation of new or revised salary, retirementallowance or DB/DC pension schemes;

• Advised on inbound, outbound and domestic M&A transactions andpost-merger integration projects (e.g. restructuring, integration ofsalary schemes and other HR related policies, amendment to workrules, etc.);

• Advised on reduction in workforce including giving legal advice to themanagement, advising on severance packages and communicationswith employees, and preparing relevant documents in and outsideJapan;

• Advised on daily HR related issues (e.g. poor-performers, mentalhealth issues of employees, harassment issues, temporary workersrelated issues, disciplinary actions, dismissals) including explanationto, or negotiation with, the authorities (e.g. Labor Bureau) or laborunions;

• Acted as a litigator for the Japanese and non-Japanese multinationalcompanies in lawsuits, preliminary dispositions and labour trials, andrepresented Japanese and non-Japanese multinational companies inthe negotiations with labour unions; and

• Conducted in-house training seminars for the management oremployees such as harassment prevention seminars.

She is a member of the Management Lawyers Counsel in Japan and theLabor Legislation Committee of Dai-ichi Tokyo Bar Association. She hasalso been appointed as a member of the Headquarters for the Promotionof Gender Equality of Dai-ichi Tokyo Bar Association.

Emi UchidaAtsumi & SakaiFukoku Seimei Bldg.2-2-2 UchisaiwaichoChiyoda-kuTokyo 100-0011JapanTel: (81) 3 5501-2130Email: [email protected]: www.aplaw.jp

J A PAN


LABOUR AND EMPLOYMENT ATTORNEY BIOGRAPHIES

Jeannemarie O’Brien is a partner in the New York law firm of Wachtell,Lipton, Rosen & Katz, where she is active in the firm’s merger andacquisition practice, focusing on the executive compensation andemployee benefits aspects of transactions, with a particular emphasis ontransactions involving financial services institutions. She has beeninvolved in over $500 billion of mergers and acquisitions transactionsover the last decade. Ms O’Brien also advises companies and their boardson governance issues and assists companies and senior executives onexecutive compensation matters in both the public and private sectors,and has particular expertise regarding the compensation structures atfinancial institutions and the related regulatory considerations.

The transactions in which Ms O’Brien has been involved include manymajor financial institution transactions, both bank and non-bank,including: City National/Royal Bank of Canada; National PennBancshares/BB&T; Chubb/ACE Limited; Hilltop Holdings/Plains Capital;CapitalSource/PacWest Bancorp; Umpqua Holdings Corporation/SterlingFinancial Corporation; Huntington Bancshares/Camco Financial; Marshall& Ilsley/Bank of Montreal; Alleghany Corporation/Transatlantic Holdings;Comerica Incorporated/Sterling Bancshares, Inc.; Bank of AmericaCorporation/Merrill Lynch; Wells Fargo/Wachovia; Countrywide/Bank ofAmerica Corporation; FleetBoston Financial Corp./Bank of AmericaCorporation; MBNA/Bank of America Corporation; J.P. Morgan/BankOne; J.P. Morgan/Bank of New York; Warburg Pincus/The Mutual FundStore and TMFS Holdings, LLC; Bank of America Corporation in its sale ofBalboa Insurance Group to QBE Holdings, Inc. She also has been involvedin transactions outside of the financial sector, including: PfizerInc./Allergan plc; United Technologies (Sikorsky Aircraft)/LockheedMartin; Carefusion/Becton Dickinson; Cox Automotive/DealertrackTechnologies; United Technologies Corporation/Goodrich Corporation;Thermo Fisher Scientific/Life Technologies Corporation; Vantiv/MercuryPayments Systems; Leap Wireless/AT&T; Rayonier Inc.’s spinoff of itsperformance fibers business; and CBS Outdoor Americas’ initial publicoffering.

Ms O’Brien frequently writes and speaks on executive compensationand corporate governance issues and is recognized as a leadingexecutive compensation lawyer in the Chambers USA Guide toAmerica’s Leading Lawyers for Business and The Legal 500. In additionto memos and articles on recent developments in the executivecompensation area, she is an author of the chapter on executivecompensation in Wachtell, Lipton, Rosen & Katz’s “FinancialInstitutions M&A,” an annual review of leading developments.

Ms O’Brien received a B.A. cum laude from Mount Holyoke College in1989, and a J.D. cum laude from Fordham Law School in 1994, where shewas an associate editor of the Fordham Law Review. She is a member ofthe New York State and American Bar Associations. Ms O’Brien serves asa member of the Board of Trustees of the Trinity School in New York Cityand of the non-profit organization Prep for Prep and is on the AdvisoryBoard of St. Bartholomew Community Preschool in New York City.

Jeannemarie O’BrienWachtell, Lipton, Rosen & Katz51 West 52nd StreetNew York 10019USTel: (1) 212 403 1365Email: [email protected]: www.wlrk.com


Andrea K Wahlquist is a partner in Wachtell Lipton’s ExecutiveCompensation and Employee Benefits Practice, specializing inexecutive compensation and benefits matters, with an emphasis inrepresenting target companies in strategic mergers and a backgroundin representing some of the largest private equity sponsors in theacquisition, management and disposition of their portfolio companies.

Ms Wahlquist regularly counsels private and public companies on thedesign, implementation and treatment of employee compensation andbenefit programs – and routinely negotiates executive employmentand separation arrangements – both in connection with corporatetransactions and in the ordinary course of ongoing companyrepresentations. Ms Wahlquist also has extensive experience with abroad range of executive compensation-related and benefits issues thatarise in IPOs, spin-offs and in bankruptcy/restructuring transactions.

Ms Wahlquist is included in The Best Lawyers in America – EmployeeBenefits Law, is recognized as a leading lawyer in both The Legal 500and Chambers USA Guide to America’s Leading Lawyers for Business,and was named in The American Lawyer’s 2007 “Dealmakers of theYear” issue. Ms Wahlquist has spoken as a panelist at a variety ofindustry conferences addressing executive compensation andgovernance issues.

Ms Wahlquist served as a law clerk to Judge Stephen J. Swift of theUnited States Tax Court (1995-97), and after her clerkship beganpracticing as an executive compensation and employee benefits lawyerin New York City. Ms Wahlquist received her B.A. from the Universityof Virginia (1992) and her J.D. from the Washington & Lee UniversitySchool of Law (1995), where she was the Editor-in-Chief of theEnvironmental Law Digest, a publication of the Virginia State BarAssociation.

Ms Wahlquist sits on the Executive Committee of the Tax Section ofthe New York State Bar Association, and is a member of the AmericanBar Association and its Joint Committee on Employee Benefits. Shealso serves on the Board of Trustees of Washington & Lee Universityand of The Children’s Aid Society in New York City.

Andrea K WahlquistWachtell, Lipton, Rosen & Katz51 West 52nd StreetNew York 10019 USTel: (1) 212 403 1205Email: [email protected]: www.wlrk.com



EXPERT LISTINGS LABOUR AND EMPLOYMENT

A RG EN T I N AMercedes Balado BevilacquaMBB AbogadosBuenos Aires

AU S T R A L I ADianne BanksGilbert + TobinSydney

Rachel BernasconiSeyfarth ShawSydney

Lea ConstantineAshurstSydney

Alice DeBoosKingston ReidSydney

Kristy EdserMinterEllisonSydney

Amanda WattMinterEllisonMelbourne

B R A Z I LPatricia BarbozaCGM AdvogadosSão Paulo

Aline FidelisTauil & Chequer AdvogadosSão Paulo

Thais GaloPinheiro Neto AdvogadosSão Paulo

Andréa Giamondo Massei RossiMachado Meyer AdvogadosSão Paulo

Mihoko Sirley KimuraTozziniFreire AdvogadosSão Paulo

Vilma Toshie KutomiMattos FilhoSão Paulo

Caroline MarchiMachado Meyer AdvogadosSão Paulo

C ANADAApril KostenDentonsCalgary

A Jane MilburnMilburn & AssociatesToronto

Catherine MilneTurnpenney MilneToronto

Janice RubinRubin ThomlinsonToronto

Christine ThomlinsonRubin ThomlinsonToronto

C H I L EPaulina MirandaPhilippi Prietocarrizosa Ferrero DU &UríaSantiago

C H I N AHongjuan BaiJunHeBeijing

Linda LiangKing & Wood MallesonsBeijing

K Lesli LigornerMorgan Lewis & BockiusBeijing/Shanghai

May LuSimmons & SimmonsShanghai

Isabelle I H WanTransAsia LawyersBeijing/Shanghai

Dora WangReed SmithShanghai/New York

Carol ZhuZhong Lun Law FirmShanghai

CO L OM B I AJuanita Galvis CalderonGalvis & Vicioso AsociadosBogotá

Tatiana Garcés CarvajalBaker McKenzieBogotá

Ana Cristina MedinaGodoy CórdobaBogotá

CO S TA R I C AAnna Karina JiménezDentons MuñozSan José

C Z E C HR E P U B L I CTereza ErényiPRK PartnersPrague

Karin KonstantinovováTEMPUSPrague

Nataša RandlováRandl PartnersPrague

D E NMA R KYvonne FrederiksenNorrbom VindingCopenhagen

Marianne GranhøjKromann ReumertCopenhagen

Lise LauridsenBech-BruunCopenhagen

Tina ReissmannLabora LegalCopenhagen


LABOUR AND EMPLOYMENT EXPERT LISTINGS

Elise Ross-HansenBruun & HjejleCopenhagen

Henriette StakemannPlesnerCopenhagen

Anja Staugaard JensenAnja Staugaard AdvokatfirmaCopenhagen

E C U A DO RPatricia AndradePaz HorowitzQuito

F I N L AN DSuvi KnaapilaDittmar & IndreniusHelsinki

Maisa NikkolaBird & BirdHelsinki

Outi TähtinenCastrén & SnellmanHelsinki

Anu WaaralinnaRoschierHelsinki

F R AN C EKarine AudouzeUGGC AvocatsParis

Valérie BlandeauPinsent MasonsParis

Katell Déniel-AlliouxDentonsParis

Benjamine FiedlerBird & Bird AARPIParis

Claire FougeaBryan Cave Leighton PaisnerParis

Marijke Granier GuillemarreMGG legalParis

Pascale LagesseBredin PratParis

Frédérique Meslay-CaloniDentonsParis

Laurence RenardSimmons & SimmonsParis

Emma RöhslerHerbert Smith FreehillsParis

Yasmine TarasewiczProskauer RoseParis

Claire ToumieuxAllen & OveryParis

G E RMAN YRegina GlaserHeuking Kühn Lüer WojtekDüsseldorf

Anne KleffmannLatham & WatkinsMunich

Nicole Engesser MeansSchweibert Leßmann & PartnerFrankfurt am Main

Anja MengelSchweibert Leßmann & PartnerBerlin

Doris-Maria SchusterGleiss LutzFrankfurt am Main

G R E E C EEffie G MitsopoulouKyriakides Georgopoulos Law FirmAthens

Rania PapakonstantinouZepos & YannopoulosAthens

HONG KONGS A RSarah BerkeleySimmons & SimmonsHong Kong

Kim BorehamTanner De WittHong Kong

Cynthia ChungDeaconsHong Kong

Helen ColquhounDLA PiperHong Kong

Fiona LoughreySimmons & SimmonsHong Kong

Andrea RandallReynolds Porter ChamberlainHong Kong

Andrea RandallReynolds Porter ChamberlainHong Kong

Jennifer C W TamMayer BrownHong Kong

Jennifer Van DaleEversheds SutherlandHong Kong

Pattie WalshBird & BirdHong Kong

Patricia YeungHowse WilliamsHong Kong

I N D I APooja RamchandaniShardul Amarchand Mangaldas & CoNew Delhi

I R E L A N DSusan BattyeWalkersDublin



Geraldine Carr See bioMathesonDublin

Alicia ComptonWilliam FryDublin

Maura ConnollyEugene F CollinsDublin

Joanne HydeEversheds SutherlandDublin

Michelle Ní LongáinByrneWallaceDublin

Catherine O’FlynnWilliam FryDublin

I S R A E LHaya EhrmanHerzog Fox & NeemanTel Aviv

Orly GerbiHerzog Fox & NeemanTel Aviv

Orna LinOrna Lin & CoTel Aviv

I TA L YGiulietta BergamaschiLexellentMilan

Elisabetta CassanetiNew LabourMilan

Antonella NegriBonelliEredeMilan

Emanuela NespoliToffoletto De Luca Tamajo e SociMilan

Paola TradatiGatti Pavesi Bianchi LudoviciMilan

J A PANAkiko MondenEndeavour Law OfficeTokyo

Chisako TakayaMori Hamada & MatsumotoTokyo

Emi Uchida See bioAtsumi & SakaiTokyo

L U X EM BOU RGAnnie ElfassiBaker McKenzieLuxembourg

Marielle StevenotPwC LegalLuxembourg

MA L AY S I ASelvamalar AlagaratnamSkrineKuala Lumpur

M E X I C OJaviera Medina RezaBaker McKenzieMexico City

N E T H E R L AN D SMirjam de BlécourtBaker McKenzieAmsterdam

Els de WindVan DoorneAmsterdam

Rachida El JohariSAGIUREAmsterdam

Madeleine MolsterSAGIUREAmsterdam

Brechje NollenFreshfields Bruckhaus DeringerAmsterdam

Eugenie NunesDentons EuropeAmsterdam

Hermine VoûteLoyens & LoeffAmsterdam

N EW Z E A L AN DKylie DunnRussell McVeaghAuckland

Susan Hornsby-GelukDundas StreetWellington

Phillipa MuirSimpson GriersonAuckland

Megan RichardsMinterEllisonRuddWattsWellington

Gillian ServiceMinterEllisonRuddWattsAuckland

NO RWAYEli AasheimWiersholmOslo

PA R AGUAYMarysol EstigarribiaFerrereAsunción

P E R UMonica PizarroEstudio EchecoparLima

Lucianna PolarEstudio OlaecheaLima



P H I L I P P I N E SLeslie C DySyCip Salazar Hernandez & GatmaitanManila

Marianne M MiguelSyCip Salazar Hernandez & GatmaitanManila

P O L AN DKatarzyna DulewiczCMS Cameron McKenna NabarroOlswang Posniak I BejmWarsaw

Agnieszka LisieckaWardyński & PartnersWarsaw

P O R T UGA LSusana AfonsoCMS Rui Pena & ArnautLisbon

Maria da Glória LeitãoCuatrecasasLisbon

Marta de Oliveira Pinto TrindadeAbreu AdvogadosLisbon

Inês Reispbbr.aLisbon

ROMAN I AAna-Maria PlacintescuPlacintescu Riti & AsociatiiBucharest

Magda VolonciuMagda Volonciu & AssociatesBucharest

R U S S I AJulia BorozdnaPepeliaev GroupMoscow

Marina RyzhkovaDentonsMoscow

S I N G A PO R ELaure de PanafieuLinklatersSingapore

Julia YeoSquire Patton BoggsSingapore

S L O VA KR E P U B L I CKatarina MatulnikovaAllen & OveryBratislava

Andrea OlšovskáPRK PartnersBratislava

S O U T H A F R I C AFiona LeppanCliffe Dekker HofmeyrJohannesburg

Lusanda RaphuluBowmansJohannesburg

S O U T H K O R E ASe Ry LeeKim & ChangSeoul

S PA I NSilvia BauzáAllen & OveryMadrid

Sonia Cortés GarcíaAbdón PedrajasBarcelona

Raquel FlórezFreshfields Bruckhaus DeringerMadrid

Pilar MenorDLA PiperMadrid

SW E D E NKatarina ÅhlbergBird & BirdStockholm

TA IWANSeraphim MaBaker McKenzieTaipei

U K R A I N EOksana VoynarovskaVasil Kisil & PartnersKyiv

UN I T E DK I N G DOMAnn BevittCooleyLondon

Kate BrearleyStephenson HarwoodLondon

Sarah Jane BrostoffTemple BrightLondon

Joan CraddenBrodiesGlasgow

Catherine DrinnanLatham & WatkinsLondon

Naomi FeinsteinGreenberg TraurigLondon

Sarah GregoryBaker McKenzieLondon

Kathleen HealyFreshfields Bruckhaus DeringerLondon



Sarah HenchozAllen & OveryLondon

Louise HobbsTemple BrightLondon

Suzanne HornePaul HastingsLondon

Sarah KeebleMishcon de ReyaLondon

Nicola M KerrBrown RudnickLondon

Jane MannFox WilliamsLondon

Lisa MayhewBryan Cave Leighton PaisnerLondon

Clare MurrayCM MurrayLondon

Jules QuinnKing & SpaldingLondon

Nicola RabsonLinklatersLondon

Karen SewardAllen & OveryLondon

Caroline StroudFreshfields Bruckhaus DeringerLondon

Jane WheelerKeystone LawLondon

UN I T E D S TAT E SNancy L AbellPaul HastingsLos Angeles

Elena R BacaPaul HastingsLos Angeles/Costa Mesa

Rebecca L BakerBracewellHouston

Amy L BessVedder PriceWashington DC

Elise M BloomProskauer RoseNew York

Kelly-Ann CartwrightHolland & KnightMiami

Shauna ClarkNorton Rose FulbrightHouston

Lisa E ClearyPatterson Belknap Webb & TylerNew York

Erika C CollinsFaegre Drinker Biddle & ReathNew York

Catherine A ConwayGibson Dunn & CrutcherLos Angeles

Joyce Ackerbaum CoxBakerHostetlerOrlando

Lisa J DamonSeyfarth ShawBoston

Linda M DoyleMcDermott Will & EmeryChicago

Susan F EandiBaker McKenziePalo Alto

Tracy L GerberGreenberg TraurigWest Palm Beach

Elizabeth N HallVedder PriceChicago

Lynne HermleOrrick Herrington & SutcliffeMenlo Park

Wendy Johnson LarioGreenberg TraurigFlorham Park

Anne E LarsonOgletree DeakinsChicago

Wendi S LazarOutten & GoldenNew York

Shannon Liss-RiordanLichten & Liss-RiordanBoston

Alison B MarshallJones DayWashington DC

Kathleen M McKennaProskauer RoseNew York

Donna Marie MelbyPaul HastingsLos Angeles

Donna M MeziasAkin Gump Strauss Hauer & FeldSan Francisco

Tritia M MurataMorrison & FoersterLos Angeles

Jeannemarie O’Brien See bioWachtell Lipton Rosen & KatzNew York

Regina OlshanSkadden Arps Slate Meagher & FlomNew York

Camille A OlsonSeyfarth ShawChicago/San Francisco/Los Angeles

Nancy L PattersonMorgan Lewis & BockiusHouston/Dallas

Emily R PidotPaul HastingsNew York

Bettina B PlevanProskauer RoseNew York

Jessica Taub RosenbergKasowitz Benson TorresNew York

Jill L RosenbergOrrick Herrington & SutcliffeNew York



Nancy G RossMayer BrownChicago

Laura A RyanThompson HineCincinnati

Nancy S ShilepskySherin and LodgenBoston

Patricia C SlovakSchiff HardinChicago

Grace E SpeightsMorgan Lewis & BockiusWashington DC

Teresa ValderramaFisher & PhillipsHouston

Anne C VladeckVladeck Raskin & ClarkNew York

Andrea K Wahlquist See bioWachtell Lipton Rosen & KatzNew York

U R UGUAYVerónica RaffoFerrereMontevideo

V E N E Z U E L AYanet C AguiarDentonsCaracas

V I E T N AMThuy Hang NguyenBaker McKenzieHo Chi Minh City



L I F E S C I E N C E S


LIFE SCIENCES ATTORNEY BIOGRAPHIES

Lorenza Ferrari Hofer (dual-qualified in both Switzerland and inEngland and Wales), is a partner in Schellenberg Wittmer’s IntellectualProperty and Life Sciences teams. She specialises in intellectualproperty, data and data protection law, unfair competition andcontract law and has profound knowledge in complex, cross-bordermatters relating to product development, licensing, trade anddistribution of technology, therapeutic, health and food products.Lorenza is very active in disputes, covering patent infringement andinjunction proceedings, as well as trade secrets cases. Lorenza has alsobroad experience in media (including social media), advertising,marketing and sponsoring matters.

Lorenza has a strong expertise in structuring and negotiatingintellectual property rights-related agreements, including R&D,transfer and licensing, and distribution agreements across a multitudeof sectors. Her life sciences practice includes matters relating to patentlicensing and litigation, regulatory and compliance, as well as productliability defence.

Lorenza regularly lectures and publishes in the fields of internationallicensing and technology transfer, and in several areas of unfaircompetition and intellectual property law. She is a president-elect ofthe International Association for the Protection of IntellectualProperty (AIPPI). She practices in German, English, French andItalian.

Prior to joining Schellenberg Wittmer, Lorenza was partner at anothermajor Swiss business law firm, where she was head of its IP & TMTGroup and co-head of its Life Sciences Group.

Lorenza Ferrari HoferSchellenberg WittmerLöwenstrasse 19PO Box 22018021 ZurichSwitzerlandTel: (41) 44 215 5252Email: [email protected]: www.swlegal.ch


Anita Varma is chair of White & Case’s Global IP practice group. She isbased in the Firm’s Boston office, with a dual practice in London. Sheis qualified is qualified to practice before the US Patent and TrademarkOffice (USPTO) and the European Patent Office (EPO).

Anita provides strategic patent counselling to life sciences industrycompanies, guiding them through every stage of a product’s lifecycle.She works with clients in obtaining enforceable claims and supportingthem in post-grant proceedings, as well as in developing and executingboth offensive and defensive patent strategies. She also conductsstrategic review of patent portfolios to identify strengths andweaknesses, and opportunities to minimize threats and maximizerevenue.

As part of this strategic counselling, Anita regularly advises onpatentability, validity and freedom-to-operate issues, provides pre-litigation assessments and opinions regarding patentability, conductsIP due diligence for strategic transactions, and advises on listing anddelisting matters in the US Food and Drug Administration’s OrangeBook.

Clients also benefit from Anita’s experience in navigating biosimilarlitigation strategies. She has skilled expertise among diverse lifesciences subjects, including immunology, antibody therapeutics, RNAinterference therapeutics, small molecules, gene therapy,biotechnology, pharmaceuticals, clustered regularly interspaced shortpalindromic repeats (DNA sequences), ocular products, biophotonics,messenger RNA therapeutics, protein therapeutics and protein traps.

Anita is named one of the top lawyers in the United States for patentprosecution matters (Legal 500), and is viewed by competitors as “anextremely skilled attorney with both legal and business smarts” (LMGLife Sciences). Clients appreciate her “‘business savvy’ approach and herfamiliarity with the biotechnology and pharmaceutical industries” andnote that “the experience [of working with Anita] has been verypositive” (independent survey by Chambers and Partners).

Anita is named to Managing Intellectual Property’s guide to the “Top250 Women in IP.” Intellectual Asset Management (“IAM”), the world’sleading IP business media platform, has named Anita to their GlobalLeader’s Guide as well as IAM Patent 1000 and IAM Strategy 300,which feature the elite private practice patent professionals.

Anita VarmaWhite & Case LLP75 State StreetBoston, MA 02109-1814USTel: (1) 617 979 9326Email: [email protected]: www.whitecase.com



EXPERT LISTINGS LIFE SCIENCES

AU S T R A L I AKaren BentleyFPA Patent AttorneysMelbourne

Mandi JacobsonHogan LovellsSydney

Simone MitchellMinterEllisonSydney

Teresa NicolettiMills OakleySydney

AU S T R I AFrancine BrogyányiDORDAVienna

Karina HellbertPolak & PartnerVienna

B E L G I UMCatherine LongevalVan Bael & BellisBrussels

Geneviève MichauxKing & SpaldingBrussels/Paris

Cristiana SpontoniJones DayBrussels

B R A Z I LBeatriz MA Camago KestenerKestener Granja & VieiraSão Paulo

Angela Fan Chi KungPinheiro Neto AdvogadosSão Paulo

C ANADAMicheline GravelleBereskin & ParrToronto

Yoon KangSmart & BiggarToronto

Daphne LainsonSmart & BiggarOttawa

Eileen M McMahonTorysToronto

Nancy PeiSmart & BiggarToronto

Cheryl V ReicinTorysToronto/New York

Alice TsengSmart & BiggarToronto

Ingrid VanderElstFaskenToronto

Urszula A WojtyraSmart & BiggarToronto

C H I N AWeishi LiCovington & BurlingShanghai

Katherine WangRopes & GrayShanghai

CO L OM B I AAna María CastroLloreda Camacho & CoBogotá

F I N L AN DHanna PaloheimoCastrén & SnellmanHelsinki

F R AN C ELaëtitia BénardAllen & OveryParis

Anne-Laure MarcerouDentonsParis

Emmanuelle TrombeMcDermott Will & EmeryParis

Eveline Van KeymeulenLatham & WatkinsParis

G E RMAN YManja EppingTaylor WessingMunich

Ina vom FeldHerbert Smith FreehillsDüsseldorf

HONG KONGS A REmma DaviesClifford ChanceHong Kong

Alison WongBird & BirdHong Kong

HUNGA RYDóra PetrányiCMS Cameron McKenna NabarroOlswangBudapest

I R E L A N DMichaela HerronMason Hayes & CurranDublin


LIFE SCIENCES EXPERT LISTINGS

I TA L YLaura OrlandoHerbert Smith FreehillsMilan

J A PANMami HinoAbe Ikubo & KatayamaTokyo

MA L AY S I AZaraihan ShaariShearn Delamore & CoKuala Lumpur

M E X I C OHeidi LindnerArochi & LindnerMexico City

N E T H E R L AN D SJudith KrensTaylor WessingAmsterdam

Carla SchoonderbeekHoyng Rokh MonegierAmsterdam

Carine van den BrinkAXON LawyersAmsterdam

N EW Z E A L AN DTeresa GriffithsAJ ParkWellington

P E R UMaritza ReáteguiRodrigo Elías & MedranoLima

P O L AN DEwa RutkowskaKRK Kieszkowska Rutkowska KolasińskiWarsaw

Justyna Wilczynska-BaraniakEY LawWarsaw

R U S S I ANatalia GulyaevaHogan LovellsMoscow

S I N G A PO R EEE Lin SooSpruson & FergusonSingapore

S O U T H K O R E AYunjoh LeeKim & ChangSeoul

Min SonHanol IP & LawSeoul

S PA I NTeresa Paz-AresUría MenéndezMadrid

SW I T Z E R L A N DLorenza Ferrari Hofer See bioSchellenberg WittmerZurich

T H A I L A N DPeerapan TungsuwanBaker McKenzieBangkok

T U R K E YÖzge Atilgan KarakulakGün + PartnersIstanbul

Selin Sinem ErciyasGün + PartnersIstanbul

UN I T E DK I N G DOMLiz CohenBristowsLondon

Katie ColtartKirkland & EllisLondon

Nicola DaggKirkland & EllisLondon

Alison DennisTaylor WessingLondon

Penny GilbertPowell GilbertLondon

Janita GoodFieldfisherLondon

Sarah HansonCMS Cameron McKenna NabarroOlswangLondon

Jane HobsonBaker McKenzieLondon

Jennifer JonesBird & BirdLondon

Morag MacDonaldBird & BirdLondon

Nicola MaguireCooleyLondon


EXPERT LISTINGS LIFE SCIENCES

Marie Isabel ManleySidley AustinLondon

Shuna MasonCMS Cameron McKenna NabarroOlswangLondon

Marjan NoorAllen & OveryLondon

Lucinda OsborneCovington & BurlingLondon

Sally ShorthoseBird & BirdLondon

Jane SummerfieldHogan LovellsLondon

Clare TunstallPinsent MasonsLondon

Adela WilliamsArnold & PorterLondon

UN I T E D S TAT E SMary W BourkeWomble Bond DickinsonWilmington

Sandra A BresnickQuinn Emanuel Urquhart & SullivanNew York/Boston

Kay ChandlerCooleySan Diego

Faith L CharlesThompson HineNew York

Lori G CohenGreenberg TraurigAtlanta

Alice Valder CurranHogan LovellsWashington DC

Jan DoddNorton Rose FulbrightLos Angeles

Eldora L EllisonSterne Kessler Goldstein & FoxWashington DC

Lisa M FerriMayer BrownNew York

Diane M FrenierReed SmithPrinceton

Melissa A GeistReed SmithPrinceton

Lisa A HaileDLA PiperSan Diego

Judith A HaskoLatham & WatkinsMenlo Park

Elizabeth J HollandGoodwinNew York

Brenda Herschbach JarrellChoate Hall & StewartBoston

Coleen KlasmeierSidley AustinWashington DC

Emily I LeonardCovington & BurlingRedwood Shores

Leslie A McDonellFinnegan Henderson Farabow Garrett &DunnerBoston

Marilyn A MobergReed SmithLos Angeles

Lisa B PensabeneO’Melveny & MyersNew York

Catherine M PolizziMorrison & FoersterPalo Alto

Vernessa T PollardMcDermott Will & EmeryWashington DC

Andrea LC ReidDechertBoston

Michelle RhyuCooleyPalo Alto

Beth L RobertsHogan LovellsWashington DC

Melanie R RupertPaul HastingsNew York

Christina SchwarzVenableNew York

Allison W ShurenArnold & PorterWashington DC

Amy L ToroCovington & BurlingSan Francisco

Effie ToshavFenwick & WestSeattle/San Francisco

Anita Varma See bioWhite & CaseBoston/London

Maggie L WongGoodwinSan Francisco



L I T I G AT I ON

Feature for:

Brazil, by Ana Carolina Lourenço, Filipe Modesto and Sávio Andrade of Machado Meyer Advogados 125


THOUGHT LEADERSHIP LITIGATION

L I T I G AT I ON

The importance of diversity in crisismanagement

Ana Carolina Lourenço (pictured), Filipe Modesto and Sávio AndradeMachado Meyer AdvogadosSão Paulo

The crisis has set in, now what? Among other consequences related toimage, finance, human resources and sustainability, the legal implica-tions arising from a crisis permeate the company’s whole decision-making process from then on.The need for dedicated management of such legal implications, in

addition to interfaces with various sectors of the organization, isrooted in the company’s legal obligations and in the way these obliga-tions change and expand as a result of the installed crisis. However, inevery crisis environment, 3 major legal niches that require special at-tention can be highlighted, namely: compliance with legislation, im-pacts on the organization’s contracts, and liability for damages caused,beyond that provided for in contracts. And in unexpected and delicate moments, such as the current one,

the possibility emerges for the organization to reformulate and adaptits performance in crisis management and respond quickly and effec-tively to legal demands. The challenges in a crisis scenario are always great, urgent and, de-

spite any previous preparation and organization, bring many uncer-tainties that the organization needs to address. It is, then, essential tohave a qualified and diverse team to deal with legal demands, so as toface and solve the diverse and complex issues that arise involving dif-ferent stakeholders.Based on the interesting premise proposed by Google1, that work-

ing groups are “characterized by the smallest amount of interdepen-dence” and “are based on organizational or managerial hierarchy”,while teams are “highly interdependent, plan work, solve problems,make decisions and review the progress in service of a specific pro-ject”, let us analyze the characteristics of a diverse team, starting withthe realization that if, in a team, membersneed each other to develop their work, inorder to achieve better results, it is then en-couraged that members bring diverse multi-cultural contexts to the team, as well as skilland knowledge. Therefore, embracing diver-sity is a starting premise for successful team-work. Loden and Rosener2 say that diversity can

be thoughts of in its primary dimensions,consisting of immutable human differences,such as ethnicity, gender and physical abili-ties, and its changeable secondary dimen-sions, such as education, geographic location,and work experience. Barbosa and Veloso3 de-

fine diversity as multiculturalist policies, especially related to issues ofrecognition of rights, the cultural identities of minorities and affirma-tion of the value of cultural diversity. They understand that diversity,first a historical and political concept, has been translated into the or-ganizational universe as a management technology.A diverse team, then, is built from groups already traditionally seen

in the corporate environment along with socially minority groupssuch as women, blacks, LGBTQIA+ and people with disabilities, so asto embrace pluralities to break paradigms. It is very important toopenly support tolerance, providing a stimulating and welcoming en-vironment so that team members feel more engaged and motivated toperform activities and tasks, and thus extract their full potential for anever desired high performance.The possibility of incorporating into teamwork all this richness

and multiplicity of values, experiences, challenges, successes – andeven failures – of each one enhances the set of skills and especiallycreative solutions from the team. And specifically, in a crisis manage-

ment, there is a need to anticipate demands,meet expectations of different people, inter-pret the existing diversity in society, all in anagile and efficient way. This is also why non-traditional methods are great allies, as theyprovide greater adaptability, flexibility, re-silience and anti-fragility.Uniting diversity with non-traditional

management we have tools available for highcritical thinking, complex problem solving andoptimization of results. If these tools are ac-companied by an inspiring leader, clear rules,pre-established boundaries and structure, anda relationship of trust with collaborative teams,the embraced vulnerabilities enhance the op-

“...COMPANIES BASEDON A CULTURE OF

TRUST, COLLABORATIONAND INCLUSION (…)ARE THOSE THAT HAVETHE BEST IDEAS AND

SOLUTIONS”


LITIGATION THOUGHT LEADERSHIP

L I T I G AT I ON

portunity for each member to develop their creativity without fear oferror. A good example is the ritual of sprint in the Scrum method,where the members of a team responsible for a given task, as well as thepeople or teams that are addressees of this same task, meet regularly todiscuss actions and analyze the results of the work performed in a givenperiod, adjusting the route and recreating solutions. Furthermore, the wit of a team manager working with multicul-

tural members permeates the union for a purpose in the work itself orin the result. Therefore, it is essential to create a psychological securityenvironment so as to stimulate members’ creativity, autonomy, intrin-sic motivation, risk-taking, innovation, critical thinking, connectionand collaboration without using mental efforts to protect themselves,resulting in the effectiveness of the team. This type of approach, in anenvironment that embraces diversity in an open way and encouragesequality and freedom of thought, usually yields great discussions andvery commonly brings creative and well-directed solutions to theproblem in question. In a crisis, given the challenges and urgencies in-herent to this type of situation, this is an important differential inachieving better results.It is even possible to measure the positive results. Although there is

little research on corporate diversity in Brazil, studies prove that diver-sity is “productive and, in many cases, an innovation inducer”4. Ac-cording to a study by the McKinsey & Company Organization5:

companies with ethnic and racial diversity are 35% more likely tohave above-average incomes in their sector; companies with genderdiversity have a 15% more chance of above-average incomes; and inthe United States, for every 10% increase in racial or ethnic diversityin the executive team, profits increase 0.8%. A Harvard Business Re-view survey6 revealed that in companies where the environment of di-versity is recognized, employees are 17% more engaged and willing togo beyond their responsibilities and it was identified that the existenceof conflicts is 50% lower than in other organizations. Transforming the crisis into an opportunity and managing it, espe-

cially with regards to its legal implications, effectively and minimizingall impacts derived from civil liability, means reviewing traditionallyapplied thoughts and practices, among which the acceptance of diver-sity stands out. The search for creative, agile and collaborative solu-tions finds fertile ground in a diverse team, that is, composed ofmembers with distinct experiences, origins and personalities. There-fore, companies based on a culture of trust, collaboration and inclu-sion, in which everyone feels represented, are those that have the bestideas and solutions, even in the face of a crisis. And in the current sce-nario, with high levels of uncertainty and unprecedented risks, anyonewho can take advantage of the wealth of perspectives of a diverse teamacross genders, cultures and ethnicities will certainly be better pre-pared for the “new normal.”

1 Re: work https://rework.withgoogle.com/blog/the-best-people-dont-mean-the-best-teams/2 LODEN, M. Rosener, JB Workforce America! Managing employee diversity as a vital resource. Illionois: Business One Irwin.3 PEREIRA, Jamila Barbosa Cavalcanti. The relationship between the dimensions of organizational justice and the attitudes of individuals towards diversity. 2008, 329 f, Thesis (Doctor-

ate in Administration). Mackenzie Presbyterian University, São Paulo. 4 OLIVEIRA, Darcio. Let’s talk up diversity? Business Season. No. 124. June/20175 https://www.mckinsey.com/business-functions/organization/our-insights/why-diversity-matters6 https://hbrbr.uol.com.br/diversidade-inclusao-ou-estrategia/


ATTORNEY BIOGRAPHIES LITIGATION

Anna Ogrenchuk is a co-founder and managing partner of LCF LawGroup, a prominent Ukrainian law firm with extensive expertise,track-record and leadership positions in litigation, corporate, financelaw. Anna has gained a praised recognition among clients and peers forher in-depth knowledge of court procedures and her ability to apply aclient-tailored and problem-solving approach combined withinnovative and creative solutions in dispute resolution.

Anna is a highly experienced solicitor and litigator, specialising incommercial law. For almost 20 years Anna has successfully representedclients in the most complex and high-profile business litigations inUkraine. She advises domestic and international businesses, banks andfinancial companies, corporations and individuals. Anna has beeninstrumental in facilitating and strengthening internationalcooperation between Ukrainian and foreign dispute resolution experts(judges, legislators, academics and media).

In June 2021 Anna was elected President of the Ukrainian BarAssociation. Being the member of the Judicial Reform Council underthe President of Ukraine (2019-2020) and the Chairman of theCommittee on procedural law of the Ukrainian Bar Association (till2021), Mrs. Ogrenchuk actively participated in the promotion andimplementation of the procedural legislation and judicial reform.

For several years in a raw Anna has acted as the program coordinatorof the Annual Judicial Forum of the Ukrainian Bar Association.

Among Anna’s clients are market leaders in various sectors, includingBunge Ukraine, VR Global Partners, Allianz Ukraine, First UkrainianInternational Bank, Fozzy Group, Lauffer Group, Cargill, RistoneHoldings, Ovostar Union, Scatec Solar and others.

She is constantly highly recognized in top tiers of international andlocal ratings, such as Chambers Global, Chambers Europe, the Legal500 EMEA, Best Lawyers, Benchmark Litigation Europe, IFLR1000,Who’s Who Legal, Legal Awards, The Clients’ Choice: 100 best lawyersof Ukraine and others. For several years in a raw she is recognizedamong women, who influenced the development of the legal market ofUkraine (according to the Ukrainian Women in the Law rating).

Anna OgrenchukLCF Law GroupVolodymyrska, 47, of. 3KyivUkraine 01001Tel: (380) 44 455 88 87Email: [email protected]: www.lcf.ua

U K R A I N E

Sharon Daly is Head of Matheson’s London Office and is a partner inthe Commercial Litigation and Dispute Resolution Department.

Sharon is widely acknowledged as one of the leading corporatelitigators in Ireland with over 25 years’ experience in all aspects ofcommercial litigation and dispute resolution. Continuously recognisedfor her ability to respond creatively to complex issues, Sharon wasrecently awarded ‘Lawyer of the Year’ at the Benchmark Litigation 2019Europe Awards.

Sharon has been involved in some of the most significant commerciallitigation to come before the Irish courts in the last 10 years, includingdefending a major financial institution in a series of multi-billion,multi-jurisdictional disputes arising from investments in Bernard L.Madoff ’s business. Sharon also acted for insurers in the largest propertydamage dispute to come before the Irish courts in relation to theliability of hydro-electrical dams and flood damage arising therefrom.

Sharon and her team advise a wide range of clients on highly technicalinsurance issues including policy wordings, coverage and policydisputes, resulting in significant cost and time savings to our client andminimising reputational risk.

Sharon is Co-Chair of the Insurance Committee for the InternationalBar Association and has actively sought to use this committee to bringtogether leaders in the insurance industry to address the challenges inthe industry globally.

As Head of Matheson’s Brexit Advisory Group, Sharon leads a multi-disciplinary team who advise and assist clients on the implementationof their Brexit plans.

Experience Highlights• Acted for a financial institution in a multi-billion (2.9bn) euro fraudclaim achieving a dismissal of same on an interlocutory motion onpublic policy grounds.

• Defending a financial institution in a fund custody negligence claimseeking recovery of $500m achieving a strike out on a preliminaryissue.

• Representing a major broker in the EU investigations into thecommercial motor industry in Ireland.

• Acting for insurers in a significant coverage dispute on a financiallines run-off policy.

• Acting in a high-profile multimillion euro professional negligenceclaim action against a major firm of solicitors in relation to theadministration of a very large and complicated estate (confidential).

• Acting for AIB in a very significant coverage dispute under the civilliability section of a Bankers Blanket Bond policy following anemployee fraud.

Sharon DalyMatheson1 Love LnLondon EC2V 7JNUKTel: (44) 207 614 5678Email: [email protected]: www.matheson.com



LITIGATION ATTORNEY BIOGRAPHIES

Claudine Columbres is a partner in the Firm’s Commercial LitigationPractice, who has extensive experience handling high-stakes matters,often involving multi-billion dollar claims, concerning complexcontracts, merger and shareholder disputes, business torts, securities,class actions, and alternative dispute resolution. Claudine’s work hasspanned a broad range of industries including healthcare, financialservices, foodservice distribution, energy, and oil & gas. She has workedwith clients including Anthem, Inc., JPMorgan Chase & Co., HessCorporation, the Votorantim Group and Major League Baseball.

Dedicated to helping her clients achieve the best possible outcomes,Claudine has also successfully represented defendants in numerous probono cases involving family and matrimonial law.

Claudine received her BA from Georgetown University and her JD fromColumbia University School of Law.

Recent representations include:

• Representation of Anthem, Inc., in a high-profile action resultingfrom the failed US$54 billion acquisition of Cigna Corporation. Thecase involved competing claims for tens of billions of dollars, and wasclosely followed by major media outlets as one of the most watchedbusiness cases.

• Representation of Anthem, Inc., in a US$12 billion dollar lawsuitagainst one of the largest pharmacy benefits managers in the US,Express Scripts, Inc. (ESI), arising from ESI’s breach of its contractualduties to negotiate in good faith to ensure that Anthem receivesmarket pricing for pharmaceutical drugs and for certain operationalbreaches.

• Representation of Advance Auto Parts, Inc., a national auto partsretailer, in a securities class action in the United States District Courtfor the District of Delaware.

• Represented JPMorgan Chase & Co. in a lawsuit alleging contract,restitution and reformation claims challenging amounts allegedlyowed by JPMorgan Chase under a chapter 11 plan of reorganization.The case raised complex tax issues and involved multiple discoverydisputes before it was successfully resolved via settlement.

• Represented Fibria Celulose, a Brazilian pulp and paper company, ina federal securities class action alleging violations arising fromforeign exchange derivative pricing practices.

• Represented the Office of the Commissioner of Baseball, doingbusiness as Major League Baseball, in the unique bankruptcy of theLos Angeles Dodgers and in connection with the sale of the team.

• Defended Hess Corporation against numerous putative shareholderclass action lawsuits filed in state and federal courts in Nevada andColorado, challenging Hess’ acquisition of American Oil & Gas. Weconsolidated the cases in the District of Colorado and thennegotiated a disclosures-only settlement that resolved all the cases,and Hess’ acquisition of American Oil & Gas closed without anychanges to the merger’s terms or price.

Claudine ColumbresWhite & Case LLP1221 Avenue of the AmericasNew York 10020-1095USTel: (1) 212 819 8421Email: [email protected]: www.whitecase.com


Elaine P Golin is a partner in the Litigation Department at Wachtell,Lipton, Rosen & Katz. Her practice includes contracts, corporategovernance, RMBS and securities litigation, as well as other types ofcomplex commercial litigation. Ms Golin also focuses on thenegotiated resolution of complex matters.

Recently, Ms Golin has represented Bank of America, PNC and otherfinancial institutions in numerous disputes concerning mortgage-related matters. Representations include Bank of America’sgroundbreaking settlement of claims relating to Countrywidemortgage-backed securities and related litigation, Bank of America’smulti-faceted resolutions with FHFA, MBIA, FGIC and AIG, Bank ofAmerica’s global RMBS agreement with the Department of Justice, andPNC in mortgage litigation with RFC.

Other significant representations include: J.C. Flowers, Bank ofAmerica and JPMorgan Chase in material adverse change litigationwith Sallie Mae; IAC in litigation with Liberty Media; Rohm and Haasin its suit to enforce its merger agreement with Dow Chemical; andsenior secured lenders in the Spectrum Brands bankruptcy litigation.Ms Golin also participated in the pro bono representation of artistChristoph Buc̈hel in a successful First Circuit appeal involving theVisual Artists Rights Act of 1990.

As a litigation associate, Ms Golin worked on several of the firm’s high-profile matters, including its representation of IBP in IBP v. Tyson andof Larry Silverstein in insurance litigation arising out of thedestruction of the World Trade Center.

Ms Golin received a B.A. from Yale College, a diploma in Literaturefrom the University of Edinburgh, and a J.D. from Columbia LawSchool, where she was an articles editor of The Columbia Law Reviewand a James Kent Scholar. She clerked for the Honorable Judge SandraLynch of United States Court of Appeals for the First Circuit. Amongother professional recognitions, Ms Golin has been named byLawdragon as one of the 500 leading lawyers in the United States andby Benchmark Litigation as one of the top 250 women in litigation.

Ms Golin serves on the board of the Sadie Nash Leadership Project, anon-profit providing leadership education to high school and collegewomen.

Elaine P GolinWachtell, Lipton, Rosen & Katz51 West 52nd StreetNew York 10019USTel: (1) 212 403 1118Email: [email protected]: www.wlrk.com



ATTORNEY BIOGRAPHIES LITIGATION

Carrie M Reilly is a partner in the Litigation Department at Wachtell,Lipton, Rosen & Katz.

Carrie joined the firm’s Litigation Department in 2005. During hertime at Wachtell Lipton, Carrie has worked on several of the firm’shigh-profile matters, including successfully defending Goldman Sachsin Baker v. Goldman Sachs, a five-week jury trial in federal court;representing Bank of America in its comprehensive multi-billiondollar settlement with the Department of Justice, federal agencies, andstate attorneys general, as well as its groundbreaking $8.5 billionsettlement of claims relating to 530 mortgage-backed securitizationtrusts issued by Countrywide and its multidimensional settlementswith MBIA and AIG; representing respondents in Morrison v. NationalAustralia Bank, in which the Supreme Court held for the respondentsand found that Section 10(b) of the Securities Exchange Act does notapply extraterritorially to so-called “foreign-cubed” securities claims;and representing the National Football League in a contract disputeover the simulcast of the Patriots-Giants game in 2007.

Carrie has also worked on many other significant matters at the firm,including representing Goldman Sachs in litigation arising from theacquisition of TIBCO by Vista Equity Partners, defending Allergan inresponse to a hostile bid from Pershing Square and Valeant, expediteddeal litigation over JPMorgan’s acquisition of Bear Stearns, thematerial adverse change litigation between J.C. Flowers, Bank ofAmerica, JPMorgan and Sallie Mae, litigation brought by monolineinsurers against Bank of America, commercial real-estate arbitrations,and the firm’s representation of a major international corporation ininvestigations by federal and state authorities in the United States.

Carrie received her B.S. from the Wharton School at the University ofPennsylvania, where she graduated summa cum laude, and her J.D.from Harvard Law School, where she graduated cum laude. She serveson the Steering Committee of the Kate Stoneman Project, is a Fellowof the American Bar Foundation, and is a member of the American BarAssociation and the New York City Bar Association. In 2016, Carriewas recognized as a “Rising Star” by the New York Law Journal.

Carrie M ReillyWachtell, Lipton, Rosen & Katz51 West 52nd StreetNew York 10019USTel: (1) 212 403 1399Email: [email protected]: www.wlrk.com



LITIGATION EXPERT LISTINGS

AU S T R A L I ARebecca BedfordMinterEllisonMelbourne

Michelle DixonMaddocksMelbourne

Susanna FordArnold Bloch LeiblerSydney

Kathy MerrickGadensSydney

Angela PearsallClifford ChanceSydney

Colleen PlatfordGilbert + TobinSydney

Anna SutherlandHerbert Smith FreehillsSydney

Janet WhitingGilbert + TobinMelbourne

Lisa WrightDentonsSydney

AU S T R I ABettina KnoetzlKNOETZLVienna

Claudine VartianDLA PiperVienna

Irene WelserCERHA HEMPELVienna

B A H AMA STara A Archer-GlasgowHiggs & JohnsonNassau

B R A Z I LAngela Di FrancoLevy & Salomão AdvogadosSão Paulo

C ANADASarah J ArmstrongFaskenToronto

Sonia BjorkquistOsler Hoskin & HarcourtToronto

Patricia D S JacksonTorysToronto

Linda M PlumptonTorysToronto

Linda R RothsteinPaliare Roland Rosenberg RothsteinToronto

Mary M ThomsonGowling WLGToronto

C H I N AHaidi TengKing & Wood MallesonsShenzhen

CO L OM B I ACarolina PosadaPosse Herrera RuizBogotá

F R AN C EValérie Lafarge-SarkozyALTANAParis

Diane LamarcheWhite & CaseParis

Sylvie MorabiaBredin PratParis

Christine SévèreDentonsParis

HONG KONGS A RBarbara ChiuKing & Wood MallesonsHong Kong

Catherine M McBrideLatham & WatkinsHong Kong

Dorothy P SironZhong Lun Law FirmHong Kong

I R E L A N DLisa BroderickDAC BeachcroftDublin

Karyn HartyMcCann FitzGeraldDublin

Helen KilroyMcCann FitzGeraldDublin

Eve MulconryArthur CoxDublin

Fiona O’BeirneMcCann FitzGeraldDublin

Eileen RobertsA&L GoodbodyDublin

I S R A E LTamar Arad-KarethNaschitz Brandes AmirTel Aviv

I TA L YMarina SantarelliPavia e AnsaldoMilan


EXPERT LISTINGS LITIGATION

MACAUJulia HeroldDSL LawyersMacau

N E T H E R L AN D SManon CordewenerHogan LovellsAmsterdam

Daniella StrikLinklatersAmsterdam

N EW Z E A L AN DJania BaigentSimpson GriersonAuckland

Anne CallinanSimpson GriersonAuckland

Polly PopeRussell McVeaghAuckland

P O R T UGA LInês Gomes da CruzPLMJLisbon

Mariana Soares DavidMorais LeitãoLisbon

ROMAN I AAna Diculescu-SovaNestor Nestor Diculescu KingstonPetersenBucharest

R U S S I AMarina I DrelGowling WLGMoscow

S I N G A PO R EGeorgia DawsonFreshfields Bruckhaus DeringerSingapore

Joan Lim-CasanovaCavenagh LawSingapore

Wendy LinWongPartnershipSingapore

Joy TanWongPartnershipSingapore

SW I T Z E R L A N DAurélie Conrad HariBär & KarrerGeneva

Magda Streuli-YoussefRentsch PartnerZurich

U K R A I N EAnna Ogrenchuk See bioLCF Law GroupKyiv

UN I T E D A R A BEM I R AT E SRita JaballahAl Tamimi & CompanyDubai

Deirdre WalkerNorton Rose FulbrightDubai

UN I T E DK I N G DOMHelen CartyClifford ChanceLondon

Clarissa ColemanDAC BeachcroftLondon

Sharon Daly See bioMathesonLondon

Deborah FinklerSlaughter and MayLondon

Sarah GarveyAllen & OveryLondon

Jacqueline HarrisPinsent MasonsEdinburgh

Natasha HarrisonBoies Schiller FlexnerLondon

Sarah LeeSlaughter and MayLondon

Francesca RichmondBaker McKenzieLondon

Melanie RyanMorgan Lewis & BockiusLondon

Liz ToutDentonsLondon

Karishma Vora39 Essex ChambersLondon

UN I T E D S TAT E SAma A AdamsRopes & GrayWashington DC

Paula Howell AndersonShearman & SterlingNew York

Cynthia S AratoShapiro Arato BachNew York

Judy BarrassoBarrasso Usdin Kupperman Freeman &SarverNew Orleans


LITIGATION EXPERT LISTINGS

Lisa S BlattWilliams & ConnollyWashington DC

Sara B BrodySidley AustinSan Francisco/Palo Alto

Elizabeth J CabraserLieff Cabraser Heimann & BernsteinSan Francisco

Diane CafferataQuinn Emanuel Urquhart & SullivanLos Angeles/Chicago

Eva Ciko CarmanRopes & GrayNew York

Claudine Columbres See bioWhite & CaseNew York

Barbara J DawsonSnell & WilmerPhoenix

Karin A DeMasiCravath Swaine & MooreNew York

Karen L DunnPaul Weiss Rifkind Wharton & GarrisonWashington DC

Mary EatonFreshfields Bruckhaus DeringerNew York

Claudia FrostOrrick Herrington & SutcliffeHouston

Joy C FuhrMcGuireWoodsRichmond

Aimee FurnessHaynes and BooneDallas

Faith GaySelendy & GayNew York

Sandra C GoldsteinKirkland & EllisNew York

Elaine P Golin See bioWachtell Lipton Rosen & KatzNew York

Christine M HaakerThompson HineDayton

Caitlin HalliganSelendy & GayNew York

Tracy Richelle HighSullivan & CromwellNew York

Mary Beth HoganDebevoise & PlimptonNew York

Carolee Anne HooverMcGuireWoodsSan Francisco

Sandra A JeskieDuane MorrisPhiladelphia

Meredith KotlerFreshfields Bruckhaus DeringerNew York

Marilyn C KunstlerBoies Schiller FlexnerNew York

Hallie B LevinWilmerHaleNew York

Joan A LukeyChoate Hall & StewartBoston

Joan McPheeRopes & GrayBoston

Maura Kathleen MonaghanDebevoise & PlimptonNew York

Sharon L NellesSullivan & CromwellNew York

Lynn K NeunerSimpson Thacher & BartlettNew York

Kathy D PatrickGibbs & BrunsHouston

Bronwyn F PollockMayer BrownLos Angeles

Noelle M ReedSkadden Arps Slate Meagher & FlomHouston

Carrie M Reilly See bioWachtell Lipton Rosen & KatzNew York

Susan D ResleyMorgan Lewis & BockiusSan Francisco

Hannah RossBernstein Litowitz Berger & GrossmannNew York

Christina Guerola SarchioDechertWashington DC

Deborah A SkakelBlank RomeNew York

Diane P SullivanWeil Gotshal & MangesPrinceton/New York

Kathleen M SullivanQuinn Emanuel Urquhart & SullivanLos Angeles/New York

D Jean VetaCovington & BurlingWashington DC

Beth WilkinsonWilkinson StekloffWashington DC

Jane E WillisRopes & GrayBoston



PAT E N T S

Features for:

India, by Vaishali Mittal of Anand and Anand 134

Mexico, by Laura Collada of Dumont 136

PAT E N T S


PATENTS THOUGHT LEADERSHIP

A novel injunction pushing India’sIP frontier

Vaishali MittalAnand and AnandNoida

On May 3, 2021, India got its first Anti-Anti-Suit injunction. The his-torical order is novel not just because it is India’s first such injunctionbut also because it displays a creative use of defensive offensive strat-egy, emphasizes the importance of injunctions as opposed to damagesand most importantly, it goes on to strike a distinction between anti-anti-suit and anti-enforcement injunctions, pointing out how the lat-ter do not really require special care and caution.Before going into the details of the judgement, here is a brief

overview of the genesis of the SEP-FRAND dispute titled InterDigitalCorp & Ors v Xiaomi Corp & Ors which culminated in the DelhiHigh Court granting the AASI in favour of InterDigital.

FACTS(a) The Plaintiff (“InterDigital”) claims that at least 5 named Stan-dard Essential Patents in its India portfolio have been infringed by Xi-aomi through manufacture and sale in India of its cell phones.

(b) Xiaomi had filed, unknown to the Plaintiff on 09.06.2020 alawsuit against the Plaintiff in Wuhan, China, seeking determinationof a global FRAND rate.

(c) The Indian Court heard arguments on the setting up of a Con-fidentiality Club and after a few hearings, were informed that in theWuhan Suit, Xiaomi had claimed an Anti-Suit injunction as on04.08.2020 and the Wuhan Court granted the same on 23.09.2020 re-straining InterDigital from proceeding with its injunction application(or law suit).

The Wuhan Court granted a penalty of RMB 1 Million per day,should InterDigital breach the said injunction.

(d) InterDigital filed an application seeking an Anti-Anti-Suit in-junction against Xiaomi.

OUTCOMEOn October 9, 2020, the Delhi High Courtgranted an ad-interim AASI against Xiaomidirecting it to not pursue or enforce the in-junction it had secured from the WuhanCourt. This order was made absolute on May 3,

2021. The Court also directed Xiaomi to indem-

nify InterDigital against any penalty in case theWuhan Court imposes a cost of RMB 1 million(approximately US$154,000) per day againstInterDigital for pursuing the suit filed by it in

India, claiming injunction and damages (amongst other relief) for in-fringement of its Standard Essential Patents (SEPs). The court furthermandated that Xiaomi will have to deposit such amount in the courtwithin one week of imposition of such costs on InterDigital, if any, andthat InterDigital can then withdraw this amount.Realising that it was setting on deciding a novel question, the Delhi

High Court laid down some fundamental guidelines:(a) There is a distinction between an Anti-Suit injunction; an Anti-Anti-Suit injunction and an Anti-Enforcement injunction. Sincethe Wuhan Anti-Suit proceedings had concluded (although the

suit for FRAND rate setting for a global li-cense to InterDigital’s 3F, 4G SEPs is still con-tinuing), the Indian injunction was in thenature of an Anti-Enforcement injunction;(b) That the Court does not subscribe to theview that special care ought to be taken whilegranting Anti-Enforcement injunctions (asopposed to Anti-Suit injunctions) as the lattercan interfere to a greater extent with the pro-ceedings in a foreign jurisdiction. By doing so,the Court has struck down the defence whichis raised ever so often, i.e., AASI orders shouldbe passed in even rarer circum stances whencompared with an ASI. The Court clarifiedthat there is no reason for AASI to be seen as

“THIS JUDGMENT WILLCONTRIBUTE GREATLYNOT JUST TO INDIAN,BUT INTERNATIONALJURISPRUDENCE ONTHIS ASPECT.”


THOUGHT LEADERSHIP PATENTS

PAT E N T S

being rarer than ASIs, especially when grounds justifying it have beenestablished. (c) That the Wuhan Anti-Suit injunction was not justified as Xiaomi

had concealed its filing from InterDigital and had not served InterDigi-tal with the action. Simply because there was some overlap in the reliefssought in the two proceedings or there may have been inconsistentfindings by the Delhi High Court and the Wuhan Court (althoughdoubtful) did not justify the said action even for a day.(d) The Wuhan Court could not possibly pass an order of injunc-

tion restraining the infringement of Indian Patents and therefore, hadno business to interfere with the sovereignty of the Indian Courts andthe plaintiff ’s right to enforce patents of its choice.InterDigital by filing the Indian action did not interfere with or ex-

clude the Wuhan FRAND rate setting proceedings in any way.The Court has given careful attention to addressing the limited ap-

plication that the principle of Comity of Courts will have, especiallywhen the impugned order itself was oppressive and did not respectthe jurisdiction of an Indian Court to hear matters covered under In-dian law. The Court upheld the principle that Comity is a two-waystreet after all. Emphasizing the importance of injunctions in the context of

patent enforcement before an Indian Court, the learned Judge held:(i) The Plaintiffs can’t be expected to sit back and watch their

rights being violated as this would render the “statutory guarantees”available under the Patents Act otiose and impotent.

(ii) By treating damages or other non-injunctive reliefs as suffi-cient succour for infringements undermines the very sanctity of Intel-lectual property Rights.The principle grounds which motivated the Court to grant the

AASI were:1. InterDigital had no prior knowledge of the fact that an ASI appli-cation had been filed in the Wuhan Court, until the order was al-ready published. Thus, it had no occasion to take pre-emptive

remedies against the order of the Wuhan Court. 2. InterDigital was only served with notice of the fact that a com-plaint had been filed in Wuhan, which sought establishment ofglobal, FRAND royalty rates for the entire SEP portfolio of Inter-Digital.

3. That a suit seeking injunction against infringement of Indianpatents, can only be tried before competent courts in India.

4. The Wuhan Court was wrong to have restrained InterDigital frompursuing its injunction remedies in India, as the Delhi High Courtwas the only forum to adjudicate it.

5. Any overlap between the proceedings in Wuhan and those in India,is minor, and unless an overlap is such that it makes the Indianproceedings oppressive and vexatious, there was no reason for theWuhan Court to have restrained InterDigital from pursuing itsclaims for an injunction against Xiaomi in India.

6. Xiaomi chose to remain silent and did not inform the Court, or In-terDigital that it had filed an anti-suit-injunction against the In-dian proceedings. Xiaomi was present before the Indian Court on6 occasions after it filed an ASI application in Wuhan, but chosenot to disclose this fact. This constitutes fraud on the Court.

7. If the Wuhan Court enforces its ASI order, and directs InterDigital todeposit penalties for prosecuting its Indian suit, then Xiaomi mustcompensate it by depositing a corresponding amount with the Courtin India. This amount could be secured by InterDigital thereafter. What makes the ad-interim AASI of October 09, 2020 and now the

final decision of May 03, 2021 unique is that it is arguably the first casein the world where an AASI was granted after an ASI was alreadypassed by a foreign court. In contrast, all previous AASI orders inpatent infringement disputes like the ones between IPCom and Lenovoin UK, France, and the Nokia v Continental / Daimler in Germany, havebeen passed only when the ASI proceedings in foreign courts were stillpending and being argued. This judgment will contribute greatly notjust to Indian, but international jurisprudence on this aspect.


PATENTS THOUGHT LEADERSHIP

PAT E N T S

Much has been written aboutCOVID-19 and about mental healthissues in times of the pandemic… butwhat is it like to live it in the flesh?Laura ColladaDumontMexico City

I still cannot believe the size of the pandemic in many ways: thedeaths, the families, the lost jobs, the milestones that will never be(graduation from high school, college, the postponed weddings, thetoddlers that haven’t socialized) and so many others. The list has noend. The future is uncertain and dealing with the new normal is moreeasily said that done.It has been a year and a half since we started working remotely and

we all thought it would be for a short period of time. We neverthought it would extend this far and that several waves of the viruswould hit us. As said before, nothing is certain, and we are mostlyplanning short-term. We are gregarious beings, the new normal is tak-ing a toll on all of us. But it took a long time to figure it out. Today weare looking at a balance that many of us oversaw or turned the otherway from. Very few of us were able to foresee what would happen.At the office, we sent everyone to work remotely on March 2020

and we had to learn how to do it, how to interact, looking to be effi-cient, find the balance between work and personal life and ensuringgood habits, etc. I must say that during the first year of the pandemic Idid not realize what was happening with emotions, feelings, and men-tal health issues. My colleagues at the office were looking for hobbies,enjoying life at home and with their families, exercising, etc. It felt aseveryone had gotten a grip of the “new situation”. As a law firm wethought that we were doing a very good job with all our colleaguessince we were taking care of them, weekly announcements about thepandemic, vaccination, etc. Mainly, we were speaking about physicalhealth issues. Then it struck me. At virtual meetings people were act-ing and looking differently. Some were work-ing in the middle of the night, others wereforgetting things when it never used to hap-pen, etc. Still, I was so happy that no one atthe office had contracted the virus. Strictmeasures were slowly changed by our govern-ment, and we started returning gradually tothe office. Everybody was happy to see col-leagues and returning to what we used to be-lieve was normal, having lunch together,going for a beer, etc.We organized a small gathering at the of-

fice. We hadn’t seen each other for so longand I couldn’t believe my eyes. People whohad gained weight up to the point of no

recognition, people slim to the bone, people who were emotional andcrying, and others who were living and working at night and Ithought something had to be done to change this. We had spent a yeartaking care of their physical health, but we had completely forgottenabout the emotional/mental side of things. Many of our colleagueslive alone or with pets. They dropped their hobbies, stopped exercis-ing and some even gave their pets up for adoption. I was shocked anddidn’t immediately know how to help them; how to address these is-

sues and moreover how to make them realizethere was something wrong that had to be ad-dressed.The pandemic has been difficult for every-

one, no doubt. It has been challenging and re-silience is the name of the game. Many havebeen able to endure all the dramatic changesin their lives and some are really struggling.No one was asking for help, but we were sureit was needed. In my country privacy laws andissues like psychological help are still stigma-tized. Also, many people don’t understandhow helpful it can be, but they instead de-cided to struggle with depression and anxietyand do nothing for themselves. Some of them

"...BUT THEY INSTEADDECIDED TO STRUGGLEWITH DEPRESSION ANDANXIETY AND DONOTHING FORTHEMSELVES."


THOUGHT LEADERSHIP PATENTS

PAT E N T S

because they don’t know, others because of this bias and othersmainly because it is expensive to see a therapist. So, we decided to tryto help as a company, but it is difficult to address this issue, at least inour country. We tried finding solutions brainstorming with our HRteam and, alas, we found one!There is this new niche business in Mexico emerging from of the

pandemic. Companies created, established and operated by therapists,psychologists and psychiatrists that have created online platforms toprovide virtual therapy and to offer it as a benefit to employees. Atfirst we were very happy, but then we had to look into all the legalframeworks around it: privacy, confidentiality, therapist-patient rela-tionships, etc., associated to these type of care givers. These are brandnew businesses in the healthcare industry in our country and we hadto be certain that all services provided complied with legislation, thatour employees were going to be protected and feeling safe, and thatthey understood that the service was delivered by this company,through their specialists, and that their information would never berevealed to us. We wanted to try to make them feel safe and that theywould start using these services that were so much needed in somecases.After many meetings and chats with the managers of the selected

company, we helped them with their legal structure and even didsome paperwork, all in order to start servicing our team. So, welaunched the program at the office. First thing was a couple of confer-

ences related to mindfulness, as well as balance in life; the logistics ofthe service and how it would work for the employees. For the confer-ences, it was a surprise that we had more than 90% attendance andwere very enthusiastic that it would work. The service is provided giv-ing you a certain number of hours, depending on how many sessionsper employee they might have in a month and other considerations.When we launched the program, we started with their basic pack-

age, to realize that so many people were looking for support from thevery first week that the package was completely used up. Today, we aretrying to figure how big it should be, but we are providing it to every-one requesting it.I know every country is different and every company is different,

but the pandemic has broadened my sense of community, which I hadbefore, but has now turned into something more important and with awider view. This community is not only our family and friends, butalso our colleagues and it may extend much more. The pandemic hasbeen challenging on every front and unfortunately it has politizedmuch more than could’ve ever been anticipated. All of us, as a commu-nity, must take care of each other, otherwise this show will never end.Only through caring for our neighbors will we be able to succeed andreturn to the lives we have enjoyed before. I want to see my friends andfamily, go places, travel, etc., it must be a joint effort. Caring starts athome and today we have to understand that our home is what we con-sider our community and have to help in every possible way we can.


PATENTS ATTORNEY BIOGRAPHIES

Christine Kanz has worked as an attorney since 1998. Although she hasprimarily focused on international patent litigation in the areas ofpharmaceuticals, biotechnology and chemistry, she has also handlednumerous cases in the areas of medical devices, mechanics andconsumer products.

Much of her work involves cross-border litigation with the result thatshe is highly experienced in planning and coordinating such cases.

After attending the Max Planck Institute for Intellectual Property,Competition and Tax Law in Munich as an auditing student, sheobtained her PhD in trademark law in 2002 at the University ofDüsseldorf.

Christine regularly publishes on patent law matters and speaks atconferences on patent law issues. She is also a visiting lecturer at theHagen Law School.

Christine KanzHoyng Rokh MonegierSteinstraße 20 40212 Düsseldorf GermanyTel: (49) 211 550 220Email: [email protected]: www.hoyngrokh.com

G E RMAN Y

Litigation partner and strategist Vaishali Mittal joined Anand and Anandin 2003.

A fierce IP litigator and a strategist known for her novel concepts andcutting –edge skills in SEP space, Vaishali’s body of seminal workstretching over 18 years includes landmarks such as India’s first anti-anti-suit injunction (InterDigital Technologies v. Xiaomi); first compulsorylicensing order for radio broadcasters under the Copyright Act; India’s firstjudgment declaring colour combination a well-known trademark;judgment on trans-border reputation; India’s first final judgment on SEPs;and a landmark judgment on aggravated damages awarding the highest-ever damages in a copyright, trademark and design infringement case.

When not on her legs in the court, Vaishali writes for renownedpublications like the MIP, Asia IP, IBLJ, Chambers and Partners, KluwerPatent Blogs etc.

Always shifting paradigms and breaking the stereotypes of the done thing,she has also co-authored IPONOMICS, a coffee-table book compilinglegendary IP matters; Origami, an in-house knowledge manual on bestpractices and procedures in IP practice in India for law firms andcompanies and IP Thinker, a digital newspaper to celebrate World IP Day2020.

Vaishali is truly a lawyer with eclectic interests and a knack for engenderingunique strategies and rare orders.

Highlights of her path-breaking work

• India’s first Anti-Anti-Suit Injunction (InterDigital vs Xiaomi)• Represented Koninklijke Philips NV in two patent disputes, Philips vKK Bansal and Philips v Rakesh Bansal, securing the first final decisionin SEP litigation in India

• landmark judgment on aggravated damages being the highest everquantum in a copyright, trademark and design infringement case(Philips vs Amazestores)

• Represented Vifor Pharma International (Galenica Group) in Vifor vHigh Court of Delhi in a writ petition resulting in, to the relief of manyIP owners, a stay on transfer of at least 20,000 IP lawsuits (valued underR10 million) from the High Court to subordinate courts in wake of theCommercial Courts Act 2015

• Represented Nokia in various pre-suit mediation claims concerningSEP infringement

• Secured an interim injunction for Astra Zeneca in a patentinfringement suit against pharma majors Emcure and MSNLaboratories

• Secured relief for patent holders from strict liability under thedisclosure regime of Section 8 of the Patents Act in a landmarkjudgement in Maj Sukesh Behl v Philips

• India’s first judgment declaring colour-combination (green & yellow) awell-known trademark;

• Landmark judgement on trans-border reputation

Vaishali MittalAnand and AnandFirst Channel BuildingPlot No. 17 A, Sector 16 A, Film CityNoida 201301IndiaTel: (91) 120 4059300Email: [email protected]: www.anandandanand.com

I N D I A


ATTORNEY BIOGRAPHIES PATENTS

Current position: Senior Partner & Head of Department – Patentsand Designs

Practice area/industry focus: Intellectual Property, Patents andDesigns

Career highlights: Archana Shanker, Senior Partner at Anand andAnand, heads the firm’s Patents and Design practice. She has over 28years of experience in Patents Prosecution and Litigation, strategy anddesigns across all technical domains. She has been ranked as one of theMost Powerful Woman in Law by World IP Forum, one of the TopWoman IP Practitioners by Managing Intellectual Property, ExpertsGuide-Woman in Business Law; and has several commendations to hername and her expertise. Her core domain is strategizing patentrelatedmatters. She has been a lead counsel in noteworthy judgementsinvolving Monsanto’s Supreme Court judgement, matters involvingPREVNAR, Pioneer overseas, Novo Nordisk, Roche, Merck, Sterliteand many more.

Archana Shanker is an active member of various international bodies,such as the Asian Patent Attorneys Association (APAA), AssociationInternationale pour la Protection de la Propriété Intellectuelle (AIPPI),the Federation Internationale des Conseils en Propriete Industrielle(FICPI). She has been elected as President of FICPI, India, (the firstWoman President of FICPI) and Vice President North India – LES.Archana regularly advises the government in Intellectual Propertymatters.

Archana is a regular speaker/panelist at national and internationalforums including LES, GIPC and many other prestigious forums; andis a contributor to India chapter of leading publications such asHalsbury’s Laws of India, Getting the Deal Through; Patents andLifesciences, Law Business Research-Life sciences Law Review, BNA’S-Finnegan- Global Patent Litigation Guide and more.

She also features on the editorial panel of LSIPR and her articles areregularly published in various leading journals such as ManagingIntellectual Property, World Intellectual Property Review, Asia IPMagazine, IAM Magazine and others. She is also the editor in chief forour in-house compilation ‘Patents Rewind’.

Her recent awards and recognitions include being named as theManaging Intellectual Property IP Stars Top 250 Women IPprofessional for 2019, 2018 and 2017 and she is also recognised by theWorld Intellectual Property Forum, Expert Guides and Legal Era,amongst others.

Archana ShankerAnand and AnandFirst Channel BuildingPlot No. 17 A, Sector 16 AFilm City201301 NoidaIndiaTel: (91) 120 4059300Email: [email protected]: www.anandandanand.com

I N D I A

Ms Collada has more than 30 years of experience in the IP field and shehas been the Managing Partner of the firm since 2008. She is a truestrategist and has acted on several milestone cases. Laura leads most ofthe firm’s large and complex cases. Furthermore, Laura has a highprofile both locally and internationally. She is regularly invited to speakfor organizations such as MARQUES, UIA, ASIPI, FICPI, ABPI, AIPPI,CITMA and INTA and is a renowned teacher at several Law Schools.She is very active in promoting the Madrid Protocol and has lecturedon the topic domestically and abroad. Laura’s practice covers thecomplete lifecycle of IP rights. However, since the recent dramaticchanges to the Mexican legal framework, she has been increasinglydedicated to the promotion of the MADRID system among clients, aswell as the new opposition system that entered into force. She alsocontinues to design strategies for clients as well as litigating. Laura isone of the only two women in Mexico who is the Managing Partner ofan IP law firm and a three times recipient of the Best IP Lawyer in LatinAmerica Award of Euromoney’s Americas Women in Business Law.She has written about IP for national newspapers and international IPmagazines. Laura is a Council Member of MARQUES, Project Leaderin the International Trade Mark and Practice Team and Leader of TheMadrid Protocol Task Force. She leads the Madrid Protocol Committeeat ASIPI. She is Co-Chair of the Standing Committee on GeographicalIndications in AIPPI, she is a member of the Famous and Well-KnownMarks Committee 2020 of INTA, and a member of national andinternational professional associations, including AIPF, AIPLA, AMPPI(Mexican Chapter of AIPPI), ECTA, PTMG and BMA (Mexican Bar).

Practice areas:IP transactionPatentPatent litigationPatent strategy & counsellingTrade markTrade mark litigationTrade mark strategy & counselling

Industry sectors:ChemistryElectronicsFashion & luxury goodsPharmaceutical

Laura ColladaDumontAvenida Insurgentes Sur 1898 Pent Office21 FloorColonia Florida C.P. 01030, Del. ÁlvaroMexico CityMexicoTel: (52) 55 5322 6230Email: [email protected]: www.dumont.com.mx

M E X I C O


PATENTS EXPERT LISTINGS

A RG EN T I N AAlicia Alvarez BerkenwaldBerken IPBuenos Aires

AU S T R A L I ASue GilchristHerbert Smith FreehillsSydney

Odette GourleyCorrs Chambers WestgarthSydney

Linda GovenlockAllensSydney

Kate HayCorrs Chambers WestgarthMelbourne

Katrina Howard SCNinth Floor Selborne ChambersSydney

Kim O’ConnellKing & Wood MallesonsSydney

Lisa TaliadorosJones DaySydney/Melbourne

B E L G I UMMireille BuydensJansonBrussels

Florence VerhoestraeteNautaDutilhBrussels

Liesbeth WeynantsHoyng Rokh MonegierBrussels

C ANADAYael BienenstockTorysToronto

Julie DesrosiersFaskenMontréal

Sana HalwaniLenczner SlaghtToronto

Dominique T HusseyBennett JonesToronto

Yoon KangSmart & BiggarToronto

Maya MedeirosNorton Rose FulbrightToronto/Vancouver

Kamleh J NicolaBaker McKenzieToronto

Nancy PeiSmart & BiggarToronto

Kavita RamamoorthyFineberg.RamamoorthyToronto

Jordana SanftNorton Rose FulbrightToronto

Melanie SzwerasBereskin & ParrToronto

Allyson Whyte NowakNorton Rose FulbrightToronto

C H I L EAriela AgosinAlbagli ZaliasnikSantiago

C H I N AMichelle MaLiu, Shen & AssociatesBeijing

Zhaohui (Zoe) WangJunHeShanghai

Christine YiuBird & BirdShanghai

CO L OM B I AAna María CastroLloreda Camacho & CoBogotá

DOM I N I C ANR E P U B L I CMaría del Pilar TroncosoTroncoso LerouxSanto Domingo

F R AN C ESabine AgéHoyng Rokh MonegierParis

Laëtitia BénardAllen & OveryParis

Marina CoustéSimmons & SimmonsParis

Raphaëlle Dequiré-PortierGide Loyrette NouelParis

Anne-Charlotte Le BihanBird & Bird AARPIParis

Catherine MateuArmengaud & GuerlainParis

Amandine MétierHoyng Rokh MonegierParis

Cyra NargolwallaPlasseraud IPParis

Marianne SchaffnerReed SmithParis

G E RMAN YEva GeschkeWildangerDüsseldorf


EXPERT LISTINGS PATENTS

Miriam GundtHogan LovellsDüsseldorf

Christine Kanz See bioHoyng Rokh MonegierDüsseldorf

Claudia MilbradtClifford ChanceDüsseldorf

Anne K SchönHOFFMANN EITLEMunich

Cordula SchumacherArnold RuessDüsseldorf

HONG KONGS A RVivien ChanVivien Chan & CoHong Kong

Ella CheongELLALANHong Kong

Helen H JiangChina Patent Agent (H.K.) LtdHong Kong

Gabriela KennedyMayer BrownHong Kong

Isabella F C LiuBaker McKenzieHong Kong

Alison WongBird & BirdHong Kong

Catherine ZhengDeaconsHong Kong

I N D I ARajeshwari HariharanRajeshwari & AssociatesGurgaon

Malathi LakshmikumaranLakshmikumaran & SridharanNew Delhi

Vaishali Mittal See bioAnand and AnandNoida

Archana Shanker See bioAnand and AnandNoida

Bitika SharmaSingh & SinghNew Delhi

I R E L A N DAoife MurphyWhitney MooreDublin

Laura ScottWilliam FryDublin

I TA L YMicaela N ModianoModiano & PartnersMilan

Elisabetta PapaSocietà Italiana BrevettiRome

J A PANMami HinoAbe Ikubo & KatayamaTokyo

Akie OhnoAbe Ikubo & KatayamaTokyo

L I T H U AN I AVilija ViešūnaitėTRINITIVilnius

Reda ZabolieneMETIDAVilnius

MA L AY S I AKherk Ying ChewWong & PartnersKuala Lumpur

Linda WangZICOlawKuala Lumpur

M E X I C OLaura Collada See bioDumontMexico City

N E T H E R L AN D SMarleen H J van der HorstBarentsKransThe Hague

N EW Z E A L AN DTeresa GriffithsAJ ParkWellington

NO RWAYIda GjessingGjessingReimersOslo

Ingvild Hanssen-BauerKvaleOslo

Kristine RekdalBryn AarflotOslo

Anne Marie SejerstedKvaleOslo

Camilla VislieThommessenOslo

PANAMAMarissa Lasso de la Vega FerrariAlfaro Ferrer & RamirezPanama City



P O L AN DKatarzyna KarczKarcz Zakrocka Patent & Tade MarkAttorneysWarsaw

Dorota RzążewskaJWP Patent & Trademark AttorneysWarsaw

Krystyna Szczepanowska-KozlowskaAllen & Overy A Pędzich sp.kWarsaw

ROMAN I AMargareta OproiuCabinet M OproiuBucharest


Elena NazinaGorodissky & PartnersMoscow

S I N G A PO R EElla CheongElla Cheong LLCSingapore

Murgiana HaqhslegalSingapore

Patsy KohInfinitus Law CorporationSingapore

Michelle NgDonaldson & BurkinshawSingapore

Regina QuekOne LegalSingapore

Winnie ThamAmica LawSingapore

Audrey YapYusarn AudreySingapore

S O U T H K O R E ASung-Nam KimKim & ChangSeoul

Young KimKim & ChangSeoul

Catherine Eunkyeong LeeBae Kim & LeeSeoul

S PA I NPatricia KochBALDERMadrid

SW E D E NInga-Lill AnderssonAWAStockholm

SW I T Z E R L A N DNatalia ClercIsler & PedrazziniZurich

Lara DorigoLenz & StaehelinZurich

TA IWANJoyce I HoTsar & TsaiTaipei

Jennifer LinTsar & TsaiTaipei

Grace ShaoBaker McKenzieTaipei

T H A I L A N DSay SujintayaBaker McKenzieBangkok

Darani VachanavuttivongTilleke & GibbinsBangkok

T U R K E YÖzge Atilgan KarakulakGün + PartnersIstanbul

Selin Sinem ErciyasGün + PartnersIstanbul

UN I T E D A R A BEM I R AT E SSara HolderRouseDubai

UN I T E DK I N G DOMSara AshbyWigginLondon

Alexandra BrodieGowling WLGLondon

Zoë ButlerPowell GilbertLondon

Liz CohenBristowsLondon

Katie ColtartKirkland & EllisLondon

Kristina CornishKilburn & StrodeLondon

Nicola DaggKirkland & EllisLondon


EXPERT LISTINGS PATENTS

Penny GilbertPowell GilbertLondon

Bethan HopewellPowell GilbertLondon

Jennifer JonesBird & BirdLondon

Morag MacDonaldBird & BirdLondon

Charlotte May QC8 New SquareLondon

Jane MutimearBird & BirdLondon

Marjan NoorAllen & OveryLondon

Morag PeberdyCovington & BurlingLondon

Sophie RichHerbert Smith FreehillsLondon

Katharine StephensBird & BirdLondon

Clare TunstallPinsent MasonsLondon

UN I T E D S TAT E SErika Harmon ArnerFinnegan Henderson Farabow Garrett &dunnerReston

Dorothy R AuthCadwalader Wickersham & TaftNew York

Leora Ben-AmiKirkland & EllisNew York

Kristina BiekerGoodwinBoston

Shannon M BloodworthPerkins CoieWashington DC/Madison

Margaret (Meg) A BoulwareBoulware & ValoirHouston

Juanita BrooksFish & RichardsonSan Diego

Anne M CappellaWeil Gotshal & MangesRedwood Shores

Kathleen B CarrMcCarter & EnglishBoston

Aliza G CarranoFinnegan Henderson Farabow Garrett &DunnerWashington DC

Sarah Chapin ColumbiaMcDermott Will & EmeryBoston

Denise De MoryBunsow De MoryRedwood City

Lauren DrakeMilbankLos Angeles

Erin M DunstonPanitch Schwarze Belisario & NadelPhiladelphia

Daralyn J DurieDurie TangriSan Francisco

Dianne B ElderkinAkin Gump Strauss Hauer & FeldPhiladelphia

Lisa M FerriMayer BrownNew York

Elizabeth D FerrillFinnegan Henderson Farabow Garrett &DunnerWashington DC

Barbara A FiaccoFoley HoagBoston

Janis K FraserFish & RichardsonBoston

Ching-Lee FukudaSidley AustinNew York

Hilda C GalvanJones DayDallas

Christine A GoddardFish & RichardsonBoston

Elizabeth J HollandGoodwinNew York

Sharon A IsraelShook Hardy & BaconHouston

Heidi KeefeCooleyPalo Alto

Esther H LimFinnegan Henderson Farabow Garrett &DunnerWashington DC

Jane M LoveGibson Dunn & CrutcherNew York

Mary-Olga LovettGreenberg TraurigHouston/New York

Mika Reiner MayerCooleyPalo Alto

Leslie A McDonellFinnegan Henderson Farabow Garrett &DunnerBoston

Tina Williams McKeonKilpatrick Townsend & StocktonAtlanta

Charlene M MorrowFenwick & WestMountain View



Lisa B PensabeneO’Melveny & MyersNew York

Alicia A RussoVenableNew York

Lynn E RzoncaBallard SpahrPhiladelphia

Jennifer SklenarArnold & PorterLos Angeles

Susan M SpaethKilpatrick Townsend & StocktonMenlo Park

Michele Van Patten FrankVenableWashington DC

Anita VarmaWhite & CaseBoston/London

Elizabeth S WeiswasserWeil Gotshal & MangesNew York

V I E T N AMNguyen Nguyet DzungVision & AssociatesHanoi



P R I VA C Y A N D D ATA P R O T E C T I ON


PRIVACY AND DATA PROTECTION ATTORNEY BIOGRAPHIES

Anne-Marie Bohan has over 20 years’ experience in technology relatedlegal matters, and is Head of Matheson’s Technology and InnovationGroup and a member of our Asset Management and Investment FundsGroup. Anne-Marie brings together significant practical experience inadvising on technology and privacy legal issues with industry knowledgeand an understanding of applicable regulatory rules and regulatoryrequirements. She advises on all aspects of technology and e-commercelaw, as well as outsourcings and contracted services, with particular focuson the requirements of financial institutions and financial servicesproviders in these areas.

Anne-Marie has extensive experience in drafting and negotiatingcontracts for the development, sale, purchase and licensing of hardware,software and IT systems for both suppliers and users of IT within thefinancial services industry and across a broad range of other industries.She has also acted in some of the largest value and most complex IT andtelecommunications systems and services outsourcing contracts,including advising on a number of the largest and highest value financialservices outsourcings in Ireland.

Anne-Marie’s practice includes advising a broad range of clients on dataprotection, privacy issues and cybersecurity issues, including employeedata protection issues, data subject access requests and security breachincidents.

Anne-Marie has lectured on IT, data protection and financial services inthe Law Society of Ireland, the National University of Ireland Maynooth,and more broadly. She is author of the Ireland chapter in OutsourcingContracts – a Practical Guide (Lewis, Fourth Ed, 2012) and is co-authorof the Irish chapters in PLC’s Outsourcing Guide, Getting the DealThrough’s Data Protection Guide, the International Comparative LegalGuide on Data Protection, and most recently, Getting the Deal Through’snew FinTech Guide. Anne-Marie is also a member of Irish FundsFinTech working group.

Experience Highlights• In relation to IT and BPO outsourcings for financial services andcorporate clients, both intra-group and on a third party basis.

• On the outsourcing regulatory requirements and contractual issuesfor fund administration and depositary companies.

• On the Investor Money Regulations.• A major multinational IT services company on the outsourcing of itby one of Ireland’s largest financial institutions of its IT infrastructureservices.

• On a significant smart money card product, including in relation tothe underlying technology contracts

• A major credit institution the establishment, structuring of andcontracts for electronic wallet and electronic money products and theapplication of the E-Money Directive and E-Money Regulations,including anti-money laundering, passporting, distance selling, unfaircontract terms and data protection issues.

Anne-Marie Bohan Matheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2212Email: [email protected]: www.matheson.com

I R E L A N D

Kari Gimmingsrud is a partner in the Technology, Media and IPRdepartment at Haavind. She is head of the privacy and data protectionpractice. Kari Gimmingsrud is also a member of the Norwegian BarAssociation’s law committee for ICT and privacy, and activelyparticipates in commenting draft resolutions and bills for theassociation.

Ms Gimmingsrud has extensive experience in assisting private andpublic entities in navigating through regulatory matters related totechnology, GDPR and information security matters. With herextensive experience in privacy and data protection matters, Kari headsHaavind’s privacy team working for one of the largest employers inNorway (approximately 80,000 employees).

Her team of skilled and experience lawyers assist the customers onprivacy and data protection compliance and the strategic andcommercial use of data in a complex legal landscape. This includesassessment of data protection and privacy matters in M&A,outsourcing agreements, use of international cloud service providers,data processing agreements, advising on binding corporate rules andEU model clauses, data sharing agreements between companies,privacy policies, use of data for commercial and marketing purposesand assistance in complaints to the Data Protection Authority.

She further has extensive experience with management support andcounselling on employment law in both the private and public sector.She acts as a legal representative in several ongoing processes related toorganisational changes and outsoucing of services.

Kari Gimmingsrud brings value to customers through extensive crossdisciplinary competence and as a trusted advisor. She has several yearsof experience in advising large Norwegian and internationalbusinesses.

Ms. Gimmingsrud has previously worked as legal adviser and localCompliance Manager for Telenor, a leading telecommunicationscompany across the Nordics and Asia.

In addition to handling Haavind’s large portfolio on privacy and dataprotection matters, Ms Gimmingsrud is frequently used expert incommittees and writes articles and publications. She is also a lecturerat the Center for Continuing Legal Education (in Norwegian JuristenesUtdanningssenter). Together with another attorney she has developedthe center’s education for data protection officers.

Kari Gimmingsrud is recognized as a leading individual by Legal500(TMT, Norway).

Kari GimmingsrudHaavindBygdøy allé 20257 OsloNorwayTel: (47) 9229 1006Email: [email protected]: www.haavind.no

NO RWAY


EXPERT LISTINGS PRIVACY AND DATA PROTECTION

AU S T R A L I AAnne-Marie AllgroveBaker McKenzieSydney

Helen ClarkeCorrs Chambers WestgarthBrisbane

Sophie DawsonBird & BirdSydney

B R A Z I LPaula Mena BarretoCampos MelloRio de Janeiro

B U L G A R I ADesislava KrustevaDimitrov Petrov & CoSofia

C ANADAEloïse GrattonBorden Ladner GervaisMontréal

Elisa HenryBorden Ladner GervaisMontréal

Bernice KarnCassels Brock & BlackwellToronto

Wendy MeeBlake Cassels & GraydonToronto

Kirsten ThompsonDentonsToronto

Wendy J WagnerGowling WLGOttawa

D E NMA R KPia Kirstine VoldmesterBruun & HjejleCopenhagen

F I N L AN DJohanna LiljaRoschierHelsinki

Eija Warma-LehtinenCastrén & SnellmanHelsinki

F R AN C EFlorence ChafiolAugust & DebouzyParis

Christiane Féral-SchuhlFeral-Schuhl / Sainte-MarieParis

Clara HainsdorfWhite & CaseParis

Ariane MoleBird & BirdParis

G E RMAN YIsabell ConradCSW RechtsanwälteMunich

Mareike Christine GehrmannTaylor WessingDüsseldorf

Undine von DiemarJones DayMunich

HONG KONGS A RCarolyn BiggDLA PiperHong Kong

Anna GamvrosNorton Rose FulbrightHong Kong


Clarice YueBird & BirdHong Kong

I R E L A N DAnne BatemanPhilip LeeDublin

Anne-Marie Bohan See bioMathesonDublin

Ann HenryPinsent MasonsDublin

MA L AY S I ASonia OngWong & PartnersKuala Lumpur

N E T H E R L AN D SHester De VriesKennedy Van der LaanAmsterdam

Elisabeth TholeVan DoorneAmsterdam

N EW Z E A L AN DKaren NganSimpson GriersonAuckland

NO RWAYKari Gimmingsrud See bioHaavindOslo

P O L AN DAnna KobylańskaKobylańska Lewoszewski MednisWarsaw


PRIVACY AND DATA PROTECTION EXPERT LISTINGS

S I N G A PO R ESheena JacobCMS Holborn AsiaSingapore

Kylie PehWongPartnershipSingapore

SW E D E NCaroline Olstedt CarlströmCirio AdvokatbyråStockholm

Erica Wiking HägerMannheimer SwartlingStockholm

SW I T Z E R L A N DClara-Ann GordonNiederer Kraft FreyZurich

UN I T E DK I N G DOMRuth BoardmanBird & BirdLondon

Kate BrimstedBryan Cave Leighton PaisnerLondon

Rebecca CousinSlaughter and MayLondon

Gail E CrawfordLatham & WatkinsLondon

Jane Finlayson-BrownAllen & OveryLondon

Nicola FulfordHogan LovellsLondon

Hazel GrantFieldfisherLondon

Georgina KonLinklatersLondon

Cynthia O’DonoghueReed SmithLondon

Sarah PearcePaul HastingsLondon

Ellen TempertonLewis SilkinLondon

Bridget TreacyHunton Andrews KurthLondon

UN I T E D S TAT E SColleen Theresa BrownSidley AustinWashington DC

Robin B CampbellSquire Patton BoggsWashington DC

Tanya ForsheitFrankfurt Kurnit Klein + SelzLos Angeles

Alysa Z HutnikKelley Drye & WarrenWashington DC

Laura E JehlWillkie Farr & GallagherWashington DC

Natasha G KohneAkin Gump Strauss Hauer & FeldSan Francisco/Abu Dhabi

Ann J LaFranceSquire Patton BoggsNew York

Nancy LibinDavis Wright TremaineWashington DC

Kristen J MathewsMorrison & FoersterNew York

Lydia ParnesWilson Sonsini Goodrich & RosatiWashington DC

Kimberly Kiefer PerettiAlston & BirdWashington DC

Gretchen A RamosGreenberg TraurigSan Francisco

Dana RosenfeldKelley Drye & WarrenWashington DC

Jeewon K SerratoBakerHostetlerSan Francisco

Dominique Shelton LeipzigPerkins CoieLos Angeles

Sherrese M SmithPaul HastingsWashington DC

Lisa J SottoHunton Andrews KurthNew York

Heather Egan SussmanOrrick Herrington & SutcliffeBoston

Liisa M ThomasSheppard MullinChicago/London

Marcy WilderHogan LovellsWashington DC

Amanda M WittKilpatrick Townsend & StocktonAtlanta

Miriam H WugmeisterMorrison & FoersterNew York



P R I VAT E E Q U I T Y


PRIVATE EQUITY EXPERT LISTINGS

AU S T R A L I AAlex ElserKing & Wood MallesonsSydney/Singapore

C ANADAShevaun McGrathMcCarthy TétraultToronto

F R AN C EEmmanuelle HenryWeil Gotshal & MangesParis

HONG KONGS A RConnie CheungMorgan Lewis & BockiusHong Kong

Marcia EllisMorrison & FoersterHong Kong

Dorothea G KooBaker McKenzieHong Kong

Portia KuO’Melveny & MyersHong Kong

Stephanie TangHogan LovellsHong Kong

I R E L A N DMáire CunninghamBeauchampsDublin

L U X EM BOU RGToinon HossElvinger Hoss PrussenLuxembourg

N E T H E R L AN D SKarine KoddeAllen & OveryAmsterdam

N EW Z E A L AN DAnna BuchlyBell GullyAuckland

P O L AN DAgnieszka JanickaClifford ChanceWarsaw

S I N G A PO R EShirin TangMorrison & FoersterSingapore

S O U T H A F R I C ASally HuttonWebber WentzelJohannesburg

S PA I NIsabel DutilhArgali AbogadosMadrid

SW E D E NChristina KokkoVingeStockholm

Malin LefflerRoschierStockholm

UN I T E DK I N G DOMAlexandrine Armstrong-CerfontaineGoodwinLondon

Katherine AshtonDebevoise & PlimptonLondon

Anu BalasubramanianPaul HastingsLondon

Emily BrownRopes & GrayLondon

Katja ButlerSkadden Arps Slate Meagher & FlomLondon

Helen CrokeRopes & GrayLondon

Emma DanksTaylor WessingLondon

Clare GaskellSimpson Thacher & BartlettLondon

Karen GuchBaker McKenzieLondon

Emmie JonesWhite & CaseLondon

Amy MahonSimpson Thacher & BartlettLondon

Claire McDaidWillkie Farr & GallagherLondon

Fatema OrjelaSidley AustinLondon

Gemma RobertsGoodwinLondon

UN I T E D S TAT E SJennifer Bellah MaguireGibson Dunn & CrutcherLos Angeles

Siobhan M BurkePaul HastingsLos Angeles


EXPERT LISTINGS PRIVATE EQUITY

Laura C Hodges TaylorGoodwinBoston

Sonali S JindalKirkland & EllisSan Francisco

Stacey T KernEversheds SutherlandChicago

Kathryn King SudolSimpson Thacher & BartlettNew York

Jennifer C KurtisWinston & StrawnNew York

Marni J LernerSimpson Thacher & BartlettNew York

Amanda McGrady MorrisonRopes & GrayBoston

Robin A PainterProskauer RoseBoston

Jennifer S PerkinsKirkland & EllisNew York

Alison S ResslerSullivan & CromwellLos Angeles

Allison R SchneirovSkadden Arps Slate Meagher & FlomNew York

Marilyn French ShawWeil Gotshal & MangesBoston

Monica J ShillingKirkland & EllisLos Angeles

Geraldine A SinatraDechertPhiladelphia

Mary B TouchstoneSimpson Thacher & BartlettNew York

Carolyn J VardiRopes & GrayNew York

Taurie M ZeitzerPaul Weiss Rifkind Wharton & GarrisonNew York



P R O D U C T L I A B I L I T Y

Feature for:

France, by Sylvie Gallage-Alwis of Signature Litigation 153


THOUGHT LEADERSHIP PRODUCT LIABILITY


The daily legal minefield manufacturershave to face

Sylvie Gallage-AlwisSignature LitigationParis

The product liability practice has drastically changed these past fewyears in law firms. Before, this practice was described as the one han-dling cases where a product was suspected of being at the origin of anincident or an accident, leading to material damage and/or personalinjury. The lawyers had to work with the manufacturer to demon-strate that the product was not at the origin of said accident and that,if it was, its defect was caused by extraneous factors. While these casescan be very complex, depending on the type of product, the numberof parties and the amounts at stake, manufacturers knew what to ex-pect, especially when they could demonstrate that their products werecompliant with regulations and standards. Today, this practice is for sure a legal and judicial minefield for

manufacturers. This is because of the proliferation of grounds thatcan be used to justify a claim against manufacturers and the increas-ing number of plaintiffs who can bring such claims. Product liabilitylawyers therefore need to have a large variety of skillsets as the issuesthey can face are more diverse than ever. Therefore, today, when I amasked to describe my practice, I do not say that I do product liability. Irather say that I handle all litigation that manufacturers can face. Indeed, besides “standard” product liability cases, manufacturers

are now mainly targeted by litigation which is not directly linked tothe standard definition of a defective product as one could normallyunderstand it. As a first example, one can refer to the hazardous substances re-

lated litigation. This toxic tort à la française type of cases is emblematicof the litigation that a manufacturer could not reasonably expect todevelop. Indeed, it mainly relates to plaintiffs who are anxious of po-tentially developing a disease in the future. This case law started with aSupreme Court decision dated 11 May 2010with the employees who could have been ex-posed to asbestos during their career (casesno. 09-42.241 & following). The FrenchSupreme Court however ruled, on 11 Septem-ber 2019, that such a claim can now be filedfor exposure to any kind of hazardous sub-stances (cases no. 17-24.879 & following).This means that a manufacturer which useschemical products in its manufacturing pro-cess can become the target of claims filed byits former and current employees on theground of their anxiety of developing a dis-ease. Such claims have imposed on product li-ability lawyers the need to master the

procedure before Labour Courts which is very different in Francethan before Civil Courts, as well as rules relating to health and safetyat the workplace and the medical implications of the use of substancesin a manufacturing process.Another new type of claim that manufacturers now face are claims

alleging that their products do not have a sufficiently long life ex-pectancy, using the grounds of planned obsolescence or misleadingadvertising for instance. Here again, the issue is not whether the prod-uct is safe and compliant, as it generally is. The issue is whether themanufacturer is ensuring that its products’ design is not at the origin

of a change in product before it is necessary,the term “necessary” being the heart of suchlitigation. New legislation around reparabilityand availability of spare parts is the responsethat Governments recently gave to the devel-opment of such litigation, with, for sure, newlitigation which will arise from such complexnew rules that aim at influencing the businessmodel of many companies.In the same line, manufacturers are now

targeted by claims relating to lack of duty tofully inform on the qualities and durability oftheir products. “Greenwashing” is one of thenewest grounds of claims against manufactur-ers accused of misleading consumers and/or

“MANUFACTURERSNOW HANDLE CASESTHAT ARE “BET THECOMPANY CASES”

EVEN IF THE PRODUCTIS SAFE”


PRODUCT LIABILITY THOUGHT LEADERSHIP


investors on the extent of the steps they are taking towards the protec-tion of the environment. In April 2021, the French Government intro-duced an increase in the existing fine for misleading commercialpractices to up to 80% of the false promotional campaign cost when itcomes to allegations related to the environment. This is the new step ofa brass-knuckle approach that was initiated through the so-called“duty of vigilance” introduced in 2017 which requires large Frenchcompanies and groups to establish a vigilance plan intended to preventand detect violations in France or abroad, by its subsidiaries and sub-contractors, of human rights and the environment and to preserve thehealth and safety of the employees involved. A number of claims onthe ground of alleged breach of this duty of vigilance has already beenfiled to date before French Courts. As for greenwashing, claims havebeen filed against BP, ExxonMobil, Wesson Oils, Tyson Foods Inc. orChevron for instance. Again, the issue of whether the product is safe isnot discussed here and yet, the future of the product is at stake. More generally, the duty to inform is one of the key grounds used

against manufacturers today. A manufacturer can indeed become thetarget of such claims filed by users of its products, as it happened toMonsanto concerning RoundUp for instance (Supreme Court, 21 Oc-tober 2020, case no. 19-18.689), should the Courts rule that the infor-mation provided to the users on the substances used and theirpotential negative health effect are not sufficient. But the majority ofsuch cases are conducted by the market surveillance authorities withthe risk of having criminal sanctions on the ground of deceit or mis-leading representation being ordered. This is notably explained by thefact that the fines for these infringements have been raised to up to 1.5million Euros and could go up to 10% of the turnover of the companywhich is indicted. A last example of the legal minefield which manufacturers have to

face are the claims filed by associations for the protection of con-sumers or the environment. Over the years, French case law, under theinfluence of the European Court of Justice’s case law, has evolved inthe direction of condemning companies as soon as a breach to envi-

ronmental law is identified, irrespective of whether such breach actu-ally caused a negative environmental impact (Supreme Court, 29 June2021, case no. 20-82.245). This very harsh approach, disconnectedfrom the factual realities, is at the origin of a proliferation of claimsagainst manufacturers who have to find a way to operate sites withoutany issue. These few examples demonstrate that product liability lawyers and

manufacturers now have to be able to handle civil, administrative,labour and criminal procedures. They also have to handle cases thatare “bet the company cases” even if the product is safe and compliant,with such claims being filed by consumers, associations, the PublicProsecutor, the general public or employees. This situation is furthercomplexified by the fact that Courts are increasingly ruling towards azero-tolerance approach, at European and national levels. Needless tosay that this complexity is what makes this practice fascinating as itfollows the evolution of the society as a whole. For now, the environ-ment and climate change are a focus. Transparency of the informationis also at the heart of numerous claims aimed at having manufacturersdisclose their commercial and strategic development plans. Data-re-lated cases should not be underestimated either, with, at first in 2019,children’s digital watches with security loopholes which triggered pri-vacy concerns being considered as an unsafe product by the Europeanauthorities on the rapid alert system (RAPEX – Alert number:A12/0157/19). Hard to imagine, not even a decade ago, that manufacturers and

their product liability lawyers would have to handle such claims andhard to imagine what they will have to handle in a decade. One thingis for sure: manufacturers need to change their decision-making pro-cess to take into account the increasing transparency that they will besubject to and the fact that there are multiple entities whose goal is tofind any kind of information that can be used as ground for litigationbefore Courts which feel, when it comes to social, health and environ-mental issues, that they need to encourage the legislator by handingdown increasingly harsh decisions.


ATTORNEY BIOGRAPHIES PRODUCT LIABILITY

After 10 years practicing in a major international law firm, SylvieGallage-Alwis became one of the founding partners of the Paris officeof Signature Litigation in January 2019.

With almost 15 years of experience in this field, Sylvie heads the firm’sproduct liability practice. She specialises in all cutting-edge complexdisputes linked to products, namely product liability, product safety,toxic tort, mass litigation/class actions, regulatory compliance, and theenvironment. She is involved in the most innovative pending legaltopics for her clients, such as defending them against claims filed onthe ground of planned obsolescence or deceit towards consumers. Sheis involved in the dieselgate litigation as well as in brand new climatechange litigation, and the first claim filed against a manufacturer onthe ground of the anxiety of developing a disease linked to thechemical substances included in the product.

Sylvie represents her clients against claims filed by consumers, NGOs(consumer protection and environment protection NGOs) and alsothe market surveillance authorities which are a very active plaintiff inFrance against manufacturers.

Sylvie is both an Avocat à la Cour in France and a Solicitor in England& Wales. She has been described by Who’s Who Legal over the years asa “dynamic and determined litigator”, who is “a firm favourite amongclients” as “she always goes the extra mile to support her clients, and isproactive in seeking commercial solutions to disputes”. Who’s Who LegalThought Leader 2021 acknowledges her as “a star in the internationalworld” and “well-connected expert”. She has also been awarded the “Bestin Product Liability” award at the 2019 LMG Euromoney EuropeWomen in Business Law Awards and is listed in this Directory since2015. In The Legal 500 EMEA 2020 and 2021, France chapter, Sylvie isrecognised as the only Next Generation Lawyer for product liabilityunder Dispute Resolution: Commercial Litigation.

Sylvie “stands out in the product liability space for her creative solutionsand strategic understanding of the many cases she works on” andrepresents a variety of globally recognised manufacturers fromindustries such as the automotive industry, electronic products,cosmetics, new technologies, steel, energy, food, toys, etc.

Sylvie is further known in the French market as a leading toxictort/mass litigation lawyer. As such, she has been involved in most pro-company case law rendered in recent years, notably in asbestos-relatedcases, with some cases mentioned in the French Civil and SocialSecurity Codes because of the significant reversal in case law theyrepresent.

Sylvie is an active member of the International Association of DefenseCounsel (IADC) and the International Consumer Product Health andSafety Organization (ICPHSO).

Sylvie Gallage-AlwisSignature Litigation 49/51 Avenue George VParis 75008FranceTel: (33) 1 70 75 58 00E: [email protected]: www.signaturelitigation.com

F R AN C E


PRODUCT LIABILITY EXPERT LISTINGS

B R A Z I LBeatriz MA Camago KestenerKestener Granja & VieiraSão Paulo

Rosângela DelgadoVeirano AdvogadosRio de Janeiro

C ANADASonia BjorkquistOsler Hoskin & HarcourtToronto

Teresa DufortMcMillanToronto

Jill M LawrieBlake Cassels & GraydonToronto

F R AN C ESylvie Gallage-Alwis See bioSignature LitigationParis

Christine GateauHogan LovellsParis

Valérie RavitSquire Patton BoggsParis

G E RMAN YNicole B BoehlerSquire Patton BoggsBöblingen

Ina BrockHogan LovellsMunich

Anna Hedwig KarpfGleiss LutzBerlin

I R E L A N DMichaela HerronMason Hayes & CurranDublin

I TA L YFrancesca RollaHogan LovellsMilan

UN I T E DK I N G DOMLouisa CaswellAddleshaw GoddardLondon

Sarah L CroftShook Hardy & BaconLondon

Sarah-Jane DobsonKennedysLondon

Joanna FultonBurness PaullEdinburgh

Wendy HopkinsDAC BeachcroftLondon

Valerie KenyonHogan LovellsLondon

Alison NewsteadShook Hardy & BaconLondon

Samanta SilverKennedysLondon

UN I T E D S TAT E SErin M BosmanMorrison & FoersterSan Diego

Allison M BrownSkadden Arps Slate Meagher & FlomNew York

Michelle M BufanoPatterson Belknap Webb & TylerNew York

Terry Christovich GayChristovich & KearneyNew Orleans

Amanda M CialkowskiNilan Johnson LewisMinneapolis

Lauren S ColtonHogan LovellsBaltimore

Elizabeth C CurtinSidley AustinChicago

Jan DoddNorton Rose FulbrightLos Angeles

Alicia J DonahueShook Hardy & BaconSan Francisco

Maja C EatonSidley AustinChicago

Lauren J ElliotGibson Dunn & CrutcherNew York

Diane FlanneryMcGuireWoodsRichmond

Hope S FreiwaldDechertPhiladelphia

Michelle M FujimotoShook Hardy & BaconIrvine

Sara J GourleySidley AustinChicago

Joanne M GrayGoodwinNew York

Heidi K HubbardWilliams & ConnollyWashington DC

Beth L KaufmanSchoeman Updike Kaufman & GerberNew York

Elizabeth P KesslerJones DayColumbus

Sherry A KnutsonTucker EllisChicago


EXPERT LISTINGS PRODUCT LIABILITY

Lori B LeskinArnold & PorterNew York

Heidi LevineSidley AustinNew York

Patricia E LowrySquire Patton BoggsMiami

Michelle R MangrumShook Hardy & BaconWashington DC

Z Ileana MartinezThompson HineAtlanta

Madeleine M McDonoughShook Hardy & BaconWashington DC/Kansas City

Marilyn A MobergReed SmithLos Angeles

Kim E MooreIrwin Fritchie Urquhart & MooreNew Orleans

Daphne O’ConnorArnold & PorterWashington DC

Kathy O’ConnorKing & SpaldingNew York

Stephanie E ParkerJones DayAtlanta

Ginger PigottGreenberg TraurigLos Angeles

Lyn PruittDLA PiperDallas

Terri S ReiskinDykema GossettWashington DC

Stephanie M RippeeWatkins & EagerJackson

Christine G RolphLatham & WatkinsWashington DC

Beth S RoseSills Cummis & GrossNewark

Gita F RothschildMcCarter & EnglishNewark

Hildy SastreShook Hardy & BaconMiami

Stephanie A ScharfScharf Banks MarmorChicago

Susan M SharkoDrinker Biddle & ReathFlorham Park

Laurie Strauch WeissOrrick Herrington & SutcliffeNew York

Bettina J StraussBryan Cave Leighton PaisnerSt Louis

Lana K VarneyKing & SpaldingAustin

Mary A WellsWells Anderson & RaceDenver

Phoebe A WilkinsonHogan LovellsNew York

Gwyn WilliamsLatham & WatkinsBoston

Elizabeth B WrightThompson HineCleveland

Pamela Y YatesArnold & PorterLos Angeles

Jessalyn H ZeiglerBass Berry & SimsNashville



P R O J E C T F I N AN C E


ATTORNEY BIOGRAPHIES PROJECT FINANCE

Elena is a partner in the Project Development and Finance Group inWhite & Case’s New York office. She has significant experience in avariety of project financings in the Americas, primarily in the power,oil & gas and infrastructure sectors.

Elena’s cutting-edge approach to deal structure enables her to developinnovative solutions to help clients achieve their business objectives.She combines a keen understanding of the commercial arrangementsthat underpin energy and infrastructure projects with a sophisticatedknowledge of term loan B, mezzanine and hybrid finance structures.She also has extensive experience on acquisition financings, projectbonds/private placements and other debt-structured products as wellas equity financings.

Elena has worked on multiple award-winning, first-of-their-kindtransactions. The Legal 500 describes Elena as “a leader in hybridproject finance” and clients add, she has “finely tuned commercialsense,” and provides “strong support and advice through complicatedtransactions,” according to Chambers USA.

Her elite standing in the US market has earned Elenaacknowledgement in numerous industry publications. Recent marketrecognition includes being named to the Roll Call of Elite: ProjectFinance in Euromoney’s Best of the Best USA Expert Guide 2021; herselection as an IFLR100 Women Leader 2021 for Project Finance andAsset Finance in the United States; and being awarded Global Leader:Project Finance status in Who’s Who Legal 2021. She is also ranked as aleading lawyer in two categories in Chambers USA, EnergyTransactions: Conventional Power, and Project Finance.

Elena received her BA from University of California, Los Angeles andJD from University of California, Berkeley, Boalt Hall School of Law.


• Antin Infrastructure Partners, a leading independent private equityfund focused on infrastructure investments, in a US$625 millionterm loan A to finance its acquisition of Veolia’s district energyassets. The portfolio comprises steam, hot and chilled water andelectricity production plants, including cogeneration and 13networks in ten US cities.

• Deutsche Bank and JPMorgan Chase & Co. in the provision of aUS$1.385 billion term loan to Traverse Midstream Partners LLC.Traverse Midstream Partners LLC is a pipeline investor formed byThe Energy & Minerals Group with a portfolio of non-operatedmidstream assets, including the 715-mile Rover Pipeline and the52-mile Ohio River System pipeline that both harness natural gasfrom the Marcellus and Utica shales.

Elena Millerman White & Case LLP1221 Avenue of the AmericasNew York 10020-1095USTel: (1) 212 819 8977E: [email protected]: www.whitecase.com


One of Euromoney’s “Best of the Best” in the USA as well as a leading“Woman in Business Law” for Project Finance, Dolly has over 20 years ofexperience advising infrastructure and pension funds, sponsors anddevelopers, commercial banks, institutional lenders, contractors,government agencies and secondary market investors in thedevelopment, acquisition, divestiture and financing of greenfield andbrownfield energy and infrastructure assets, including innovative publicprivate partnerships. She has played a leading role in the introductionand ongoing deployment of private investment and finance in theinfrastructure sector in North America, having advised on multiple,award-winning transactions, many of which were first of a kind.

Due to her elite standing in the US market and strong leadership inadvising clients, Dolly is one of only seven lawyers with a “Band One”ranking in both Chambers Global and Chambers USA for PPP projects.Dolly’s numerous acknowledgements by additional industrypublications include her recognition as one of IFLR1000’s 2021Women Leaders for US Project Finance and Project Development, aswell as her achievement of “Global Leader” status in Who’s Who Legalfor Project Finance (2021) and Government Contracts (2020).Additionally, Dolly recently advised on the “Americas P3 Deal of theYear” in back-to-back years – the LAX Automated People Mover P3Project (PFI 2018) and the Newark Consolidated Rent-a-Car FacilityP3 Project (PFI 2019).

Dolly received her LLM from Harvard Law School and her BAJurisprudence from New College, Oxford.


• Ridgewood Private Equity Partners on its acquisition of a majorityequity interest in Vista Ridge LLC, the concessionaire for a 142-milewater pipeline in Texas, the offtaker of which is the San AntonioWater System; and ongoing representation of Vista Ridge LLC, mostrecently advising on a US$1.05 billion refinancing of the project’sconstruction financing at the end of 2020, implemented as a USprivate placement. The refinancing was recently awarded “AmericasWater Deal of the Year” by IJ Global 2020. The original project wasawarded “North America Water Deal of the Year” by IJGlobal 2017and PFI 2017, “Water Deal of the Year” by Global Water Intelligence2017, and “Best Utilities Project, Gold Award” by P3 Bulletin 2017.

• ACS Infrastructure Development, Balfour Beatty Investments,Bombardier Transportation, Fluor Corporation and Hochtief PPPSolutions on their successful bid for and financial close of theAutomated People Mover project at LAX. The financing consistedof a combined bank/bond structure with US$1.2 billion of privateactivity bonds combined with a US$270 million, five-yearconstruction facility provided by commercial banks. Awarded“Americas P3 Deal of the Year” by PFI 2018, “North American PPPDeal of the Year” by IJGlobal 2018 and “Best Transit Project” by P3Bulletin 2018.

Dolly Mirchandani White & Case LLP1221 Avenue of the AmericasNew York 10020-1095USTel: (1) 212 819 8672Email: [email protected]: www.whitecase.com



PROJECT FINANCE EXPERT LISTINGS

AU S T R A L I AElizabeth CharlesworthHerbert Smith FreehillsSydney

Jo CrewNorton Rose FulbrightMelbourne

Bree MiechelAshurstSydney

Claire RogersKing & Wood MallesonsSydney

Erin WakelinHerbert Smith FreehillsSydney

B R A Z I LAna Carolina BarrettoVeirano AdvogadosRio de Janeiro

C ANADALinda G BrownMcCarthy TétraultVancouver

Danna DonaldOsler Hoskin & HarcourtToronto

Alison LacyFaskenToronto

Ella PlotkinFaskenToronto

F R AN C EVictoria WestcottReed SmithParis

HONG KONGS A RLinh DoanWatson Farley & WilliamsHong Kong/Hanoi

Patricia Tan OpenshawGibson Dunn & CrutcherHong Kong

I N DON E S I AIrawati HermawanHermawan JuniartoJakarta

Nadia SorayaHadiputranto Hadinoto & PartnersJakarta

I S R A E LNoa MeidanTadmor Levy & CoRamat Gan

Tani ZahaviMeitar Liquornik Geva Leshem TalTel Aviv

I TA L YCatia TomasettiBonelliEredeRome

K E N YASonal SejpalAnjarwalla & KhannaNairobi

K Y R G Y ZR E P U B L I CGulnara KalikovaKalikova & AssociatesBishkek

P H I L I P P I N E SMarievic G Ramos-AñonuevoSyCip Salazar Hernandez & GatmaitanManila

P O R T UGA LVanda CascãoVdA Vieira de AlmeidaLisbon

Maria CastelosCampos Ferreira Sá Carneiro &AssociadosLisbon

Teresa Empis FalcãoVdA Vieira de AlmeidaLisbon

Sofia Gomes da CostaPLMJLisbon

S I N G A PO R ENicky DaviesNorton Rose FulbrightSingapore

Clarinda Tjia-DharmadiLatham & WatkinsSingapore

S O U T H A F R I C ABrigette BaillieHerbert Smith FreehillsJohannesburg

Lara BezuidenhoudtFaskenJohannesburg

Lauren PetersenENSafricaJohannesburg

S O U T H K O R E AAnna ChungShearman & SterlingSeoul


EXPERT LISTINGS PROJECT FINANCE

T H A I L A N DWilailuk OkanurakLinklatersBangkok

Sarah WilsonAllen & OveryBangkok

UN I T E D A R A BEM I R AT E SJudith KimAllen & OveryDubai

UN I T E DK I N G DOMAgnieszka KlichCovington & BurlingLondon

Caroline Miller SmithWhite & CaseLondon

Rachel SpeightMayer BrownLondon

Sanja UdovicicShearman & SterlingLondon

Ayesha K WaheedMorgan Lewis & BockiusLondon

UN I T E D S TAT E SLori A BeanClifford ChanceWashington DC

Julia A CzarniakSkadden Arps Slate Meagher & FlomNew York

Ellen S FriedmanNixon PeabodyNew York

Tara HigginsSidley AustinNew York

Chantal E KordulaCleary Gottlieb Steen & HamiltonNew York

Catherine McCarthyClifford ChanceWashington DC

Elena Millerman See bioWhite & CaseNew York

Dolly Mirchandani See bioWhite & CaseNew York

Tatiana MonastyrskayaKirkland & EllisNew York

Margarita Oliva Sainz de AjaDLA PiperNew York

Melissa Raciti-KnappFreshfields Bruckhaus DeringerNew York

Karen A SmithVinson & ElkinsNew York

Cynthia Urda KassisShearman & SterlingNew York

Dorina YessiosAllen & OveryNew York



R E A L E S TAT E


ATTORNEY BIOGRAPHIES REAL ESTATE

Sally Anne is a partner in the Commercial Real Estate Department atMatheson and leads the international real estate practice as well as theoccupier advisory and transaction practices. She is an accomplished andcommercially focused lawyer with over 10 years’ experience in large scaleacquisitions and disposals; site development; commercial landlord andtenant; real estate investment, commercial real estate aspects ofcorporate transactions, including the sale and purchase of both privateand public companies; and advising owner/occupiers on the acquisitionof office, industrial, manufacturing, and technical/data centre premises.

Sally Anne advises both landlords and occupiers on the largest and mostsignificant real estate transactions in the Irish market. She has a breadthof experience in running sophisticated transactions and her in-depthknowledge of the market has resulted in her being first choice as trustedadvisor to some of Ireland’s largest occupiers (both tenants andowner/occupiers) on the development, letting and ongoingmanagement of their office and technical space. Sally Anne has advisedone of the largest international tech giants for over 10 years in respect ofall its real estate requirements in Ireland.

Sally Anne has been involved in many of the landmark transactionsacross Dublin. She is project lead on several of Dublin’s largestdevelopment projects advising on site acquisitions, estate set-up,development, letting and sale of commercial and residential/ PRS assets.She also advises several Irish and non- Irish institutional investors on theacquisition of large scale assets

Sally Anne has advised on many of the market’s major commercial realestate deals and some of the largest real estate transactions in Ireland inthe last five years.

Experience Highlights• Acting for a number of high profile multinational IT product andservice companies and other international businesses establishingtheir presence in Ireland in both prime Dublin city centre and otherregional locations varying in size from 20,000 to 200,000 square foot.

• Advising a leading Investment Bank on the acquisition of over150,000 square feet of office space in a prime location and continuingto advise on their further expansion plans in Dublin.

• Advising a high profile international online retailer on the continuedexpansion of its property portfolio in Ireland including anAgreement for Lease and Lease of an office premises whichcompleted in the second quarter of 2017 and has been described asby far the largest in Dublin for several years.

• Advising a number of global technology giants on the acquisition andletting of lands for the development of the largest data centres inIreland.

• Advising Zendesk on the letting of its new EMEA headquarters at 55Charlemont.

Sally Anne StoneMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2563Email: [email protected]: www.matheson.com

I R E L A N D

Mrs Erika Åslund has significant experience and is widely regarded asan accomplished real estate M&A practitioner. She has consistentlyover the years represented both Swedish and international investors inthe largest and most complex real estate M&A transactions in Sweden.

Mrs Erika Åslund has been awarded several domestic and internationalrecognitions and she is also ranked in the Hall of Fame for Real Estatework in the Legal 500 EMEA.

Erika ÅslundCEDERQUISTHovslagargatan 3Stockholm 111 48SwedenTel: (46) 8 522 065 30Email: [email protected]: www.cederquist.se

SW E D E N


REAL ESTATE EXPERT LISTINGS

AU S T R A L I AVirginia BriggsMinterEllisonSydney

Carolyn ChudleighHFWSydney

Julie CouchHerbert Smith FreehillsSydney

Catherine HallgathMills OakleySydney

Nikki RobinsonClayton UtzSydney

Dora StilianosBaker McKenzieMelbourne

Pauline TanAshurstSydney

AU S T R I ABirgit HarasserBRAND RechtsanwälteVienna

Alexandra B HuberNemetschke Huber KoloseusVienna

B R A Z I LAndréa CalientoLefosse AdvogadosSão Paulo

Rossana Fernandes DuarteMattos FilhoSão Paulo

Carolina GalvãoCGM AdvogadosSão Paulo

Maria Flavia SeabraMachado Meyer AdvogadosSão Paulo

Janaína VargasMattos FilhoSão Paulo

C ANADAOlivia ColicMcCarthy TétraultCalgary

Silvana M D’AlimonteBlake Cassels & GraydonToronto

Sabrina A GherbazTorysToronto

Jane C HelmstadterBennett JonesToronto

Heather McKeanOsler Hoskin & HarcourtToronto

Juli MorrowGoodmansToronto

Godyne N L SibayMcCarthy TétraultToronto

Natalie VukovichDaoust VukovichToronto

C H I L EPabla GaínzaCMS Carey & AllendeSantiago

Carolina SquellaCorrea SquellaSantiago

C H I N ALillian DuanDLA PiperShanghai

C Z E C HR E P U B L I CRadka KonečnáKonečná & ZachaPrague

Klára ŠtepánkováKinstellarPrague

E S T ON I ALiina LinsiCOBALTTallinn

F R AN C EAline DivoCMS Francis Lefebvre AvocatsNeuilly-sur-Seine

Françoise MaigrotLinklatersParis

G E RMAN YMaria WollehKallanBerlin

HONG KONGS A RDebbie F CheungBaker McKenzieHong Kong

Lilian ChiangDeaconsHong Kong

Ann HoBryan Cave Leighton PaisnerHong Kong

Susheela RiversDLA PiperHong Kong


EXPERT LISTINGS REAL ESTATE

HUNGA RYJudit KováriDentonsBudapest

I R E L A N DRachel RodgersWalkersDublin

Mairead SherlockA&L GoodbodyDublin

Sally Anne Stone See bioMathesonDublin

I S R A E LHagit BavlyYigal Arnon & CoTel Aviv

I TA L YMaria Grazia LaneroGianni & OrigoniMilan

Patricia LigutiChiomentiMilan

J A PANAkiko HosokawaBaker McKenzie (Gaikokuho JointEnterprise)Tokyo

K Y R G Y ZR E P U B L I CMarina LimKalikova & AssociatesBishkek

L I T H U AN I AAušra MudėnaitėSorainenVilnius

MA L AY S I AYee Ling LeeRahmatLim & PartnersKuala Lumpur

Sau Yee SarShearn Delamore & CoKuala Lumpur

Ai Leen TangWong & PartnersKuala Lumpur

N E T H E R L AN D SAnnerie PloumenVan DoorneAmsterdam

Wendela RaasDentons EuropeAmsterdam

N EW Z E A L AN DAnna CrosbieRussell McVeaghAuckland

Stephanie HarrisGlaister EnnorAuckland

Jane HollandBell GullyAuckland

Kerry O’DonnellAnderson LloydQueenstown

P E R UClaudia Lucena MayorgaMiranda & AmadoLima

Rossana NatteriEstudio OlaecheaLima

P O L AN DAgata Jurek-ZbrojskaGreenberg Traurig GrzesiakWarsaw

Jolanta Nowakowska-ZimochGreenberg Traurig GrzesiakWarsaw

Malgorzata Pietrzak-PaciorekBaker McKenzie Krzyzowski iWspólnicy sp.k.Warsaw

Agnieszka StankiewiczGreenberg Traurig GrzesiakWarsaw

Joanna WojnarowskaDWFWarsaw

P O R T UGA LFilipa Arantes PedrosoMorais LeitãoLisbon

ROMAN I AMona MuşatMuşat & AsociatiiBucharest

Ioana NiculeasaNestor Nestor Diculescu KingstonPetersenBucharest

S I N G A PO R EMei Choo ChewShook Lin & BokSingapore

Angela LimWongPartnershipSingapore

Dorothy Marie NgWongPartnershipSingapore

Geraldine OngWong & LeowSingapore


REAL ESTATE EXPERT LISTINGS

Eudora TanAllen & GledhillSingapore

Monica YipWongPartnershipSingapore

SW E D E NErika Åslund See bioCederquistStockholm

Hillevi BörjessonMannheimer SwartlingGothenburg

SW I T Z E R L A N DCécile Berger MeyerLenz & StaehelinGeneva

Sibylle SchnyderCMS von Erlach PoncetZurich

T H A I L A N DDuangkamon AmkaewBaker McKenzieBangkok

Cynthia M PornavalaiTilleke & GibbinsBangkok

U K R A I N ENatalia KocherginaKinstellarKyiv

Lina NemchenkoBaker McKenzieKyiv

UN I T E D A R A BEM I R AT E SAlexis WallerClyde & CoDubai

UN I T E DK I N G DOMBonnie CalnanDLA PiperLondon

Jane Cheong Tung SingClifford ChanceLondon

Ruth HarrisAshurstLondon

Claire MiltonBryan Cave Leighton PaisnerLondon

Jackie NewsteadHogan LovellsLondon

Sally PinkertonGowling WLGLondon

Hilary PrescottCovington & BurlingLondon

UN I T E D S TAT E SLynn R AxelrothBallard SpahrPhiladelphia

Krystyna M BlakesleeWillkie Farr & GallagherNew York

Susan J BoothHolland & KnightLos Angeles

Lisa M BrillShearman & SterlingNew York

Kimberly Brown BlacklowCleary Gottlieb Steen & HamiltonNew York

Diana M BrummerGoodwinNew York

Laura G CiabarraDechertNew York

Jana Cohen BarbeDentonsChicago

Nancy Ann ConnerySchoeman Updike Kaufman & GerberNew York

Nichole D CorteseLoeb & LoebNew York

Stephanie L DeLongVenableWashington DC/San Francisco

Amy R ForbesGibson Dunn & CrutcherLos Angeles

Kathleen M GilliganSaul Ewing Arnstein & LehrChicago

Meredith L KatzGreenberg TraurigChicago

Fiona J KellyFried Frank Harris Shriver & JacobsonNew York/London

Karen M KozlowskiThompson HineNew York

Nancy B LashGreenberg TraurigMiami

Christine F LiGreenbaum Rowe Smith & DavisWoodbridge

Nancy R LittleMcGuireWoodsRichmond

Kristen J LonerganGreenberg TraurigNew York

Krista MiniuttiSimpson Thacher & BartlettNew York

Mary G MurphyGibson Dunn & CrutcherSan Francisco

Bonnie A NeumanCadwalader Wickersham & TaftNew York


EXPERT LISTINGS REAL ESTATE

Nancy M OlsonSkadden Arps Slate Meagher & FlomChicago

Jody K PokorskiSnell & WilmerPhoenix

Margaret A “Peggy” RolandoShutts & BowenMiami

Allison M RyanAlston & BirdAtlanta

Deborah C RyanSquire Patton BoggsDallas

Misty M SanfordMunger Tolles & OlsonLos Angeles

Karen ScannaStroockNew York

Janis B SchiffHolland & KnightWashington DC

Shannon J SkinnerK&L GatesSeattle

Robyn Minter SmyersThompson HineCleveland

Allison E TurnbullGunsterOrlando

Pamela L WesthoffSheppard MullinLos Angeles

Aviva YakrenSidley AustinNew York

U R UGUAYBeatriz SpiessGuyer & RegulesMontevideo



R E S T R U C T U R I N G AN D I N S O LV E N C Y

Features for:

China, by Nafisa Nihmat of Zhong Lun Law Firm 169

Denmark, by Pernille Bigaard, Anders Ørskov Melballe and Louise Krarup Simonsen of Skau Reipurth & Partnere Advokatpartnerselskab 171


THOUGHT LEADERSHIP RESTRUCTURING AND INSOLVENCY


The principle of the bankruptcyadministrator’s disclosure of thedebtor’s commercial secretsNafisa NihmatZhong Lun Law FirmShanghai

IntroductionWhere a company goes bankrupt, the controlling rights of the com-pany’s original shareholders over the company are restricted due tothe entry of new entities enjoying such rights — the decisions madeby the administrator as well as the creditors’ meeting may have a far-reaching impact on the company. On the one hand, the creditors ofthe bankrupt company have the right to know in accordance with thelaw; on the other hand, the disclosure of the debtor’s operation infor-mation by the administrator, such as transaction information, finan-cial information, the list of key clients, etc., may divulge commercialsecrets, harming debtor’s interests and indirectly harming the interestsof all creditors. How to balance the creditor’s information rights withthe protection of the debtor’s commercial secrets? Based on the above,this article intends to discuss the principle of the bankruptcy adminis-trator’s disclosure of the debtor’s commercial information, especiallythe operation information.

1. Scope of Commercial SecretsAccording to Article 9 of the Law of the People’s Republic of ChinaAgainst Unfair Competition, commercial secrets referred to in theLaw hereof shall mean commercial information such as technical in-formation and business information, which is not known to the pub-lic and has commercial value and for which the rights holder hasadopted the corresponding confidentiality measures. In practice, thetechnical information of the enterprise, such as formulas and unex-amined patents, uncontroversially constitutes a commercial secret,while whether some business information of enterprises such as thelist of key customers, financial statements, ac-counting statements, transaction records, andother business transaction information con-stitutes commercial secrets is still in dispute.By retrieving relevant cases of Shanghai

Intellectual Property Court, the Supreme Peo-ple’s Court, and other courts, and in accor-dance with relevant laws and regulations, webelieve that specific business information mayconstitute commercial secrets as well if meet-ing the following requirements:• Value: economic value, competitive advan-tage

• Confidentiality: in-depth information notknown to the public

• Security: reasonable confidentiality measures adopted The disclosure by the administrator of such information during

duty performance may cause potential competitors to use such infor-mation, harming the interests of the debtor.

2. The Administrator Shall Be Obliged To Keep The BankruptEnterprise’s Commercial Secrets Confidential In The WholeProcess Of Performing DutiesAlthough the Business Bankruptcy Law of the People’s Republic ofChina does not directly stipulates the administrator’s obligation to

keep the commercial secrets confidential, butnot to divulge the debtor’s commercial secretsis included in the obligation of loyalty in Arti-cle 27 of the Business Bankruptcy Law. Afterthe administrator takes over the bankrupt en-terprise, he will inevitably come into contactwith the important commercial secrets andtechnical secrets of the enterprise in the pro-cess of performing his duties in the adminis-tration of the debtor’s property and affairs.Commercial secrets are related to the impor-tant interests of enterprises, especially for en-terprises in the process of restructuring,divulging their commercial secrets may di-rectly lead to the failure of enterprise regener-

“BALANCE BETWEENCREDITOR’S RIGHT TOKNOW AND DEBTOR’SCOMMERCIAL SECRET

PROTECTION”


RESTRUCTURING AND INSOLVENCY THOUGHT LEADERSHIP


ation. Therefore, the administrator shall bear the corresponding legalliability when violates the confidentiality obligation and harms the in-terests of the debtor. The principle of protecting the debtors’ commer-cial secrets has been established in some local regulations.

3. The Balance Between Protecting Debtors’ Commercial SecretsAnd Creditors’ Rights To KnowAccording to the Business Bankruptcy Law and Provisions of SupremePeople’s Court on Several Issues Relating to Application of the Busi-ness Bankruptcy Law of the People’s Republic of China (III) (here-inafter referred to as the “Judicial Interpretation of the BankruptcyLaw (III)”), the creditors of the bankrupt enterprises have the right toknow. Article 10 of the Judicial Interpretation of the Bankruptcy Law(III) also specifies the relief and remedies for creditors when the ad-ministrator, without a proper reason, refuses to provide the debtor’sfinancial and business information necessary for the creditors to par-ticipate in the bankruptcy proceedings, so as to fully protect the exer-cise of creditors’ right to know.On the one hand, the administrator has the obligation to keep the

bankrupt enterprise’s commercial secrets confidential; on the otherhand, the administrator is required to perform the obligation of dis-closing information to creditors in the bankruptcy proceedings. Howshould the administrators balance these two obligations when there isan inherent conflict?According to the interpretation of the relevant provisions in the

Understanding and Application of Provisions of Supreme People’s Courton Several Issues Relating to Application of the Business Bankruptcy Lawof the People’s Republic of China (III), creditors’ information rights areaimed at solving the problem of information asymmetries inbankruptcy proceedings, so as to ensure that creditors can obtain nec-essary information from parties to effectively exercise voting and su-pervisory rights. Therefore, the information that creditors apply forinspection should be relevant to the bankruptcy process and necessaryfor creditors to exercise their legal rights granted by the BusinessBankruptcy Law, such as the right to vote and to supervise. With refer-ence to the seventh typical case issued by Shanghai Bankruptcy Tri-bunal, we are of the opinion that when individual creditors take theinitiative to request access to the debtor’s enterprise information, theadministrator shall examine the subject qualifications of the creditorsas well as the necessity and the legitimacy of the purpose of such ac-cess. After examination, the administrator shall only disclose informa-tion within the necessary scope and shall require the relevant creditorsto assume the confidentiality obligation.Imposing certain restrictions on the creditors’ information rights

where the commercial secrets of the debtors are involved is in linewith international practice. Provisions for such practice can be foundin the Legislative Guide on Insolvency Law by the United NationsCommission on International Trade Law and Section 107 of theUnited States Bankruptcy Code.

4. How To Supervise The Administrator’s Disclosure Of TheBankrupt Enterprise’s Confidential InformationAccording to Article 23 of Business Bankruptcy Law, the people’scourt, the creditors’ meeting, and the creditors’ committee have theright to supervise the administrator’s disclosure of the debtor’s confi-dential information, which is indisputable both in theory and in prac-tice. However, the Business Bankruptcy Law does not specify whetherthe debtor or its original shareholders have the right to require the ad-ministrator not to disclose certain information. On the one hand,there is a natural conflict between the interests of the debtor’s originalshareholders and those of creditors, the debtor’s original shareholderswho are driven by the human instinct of profit-seeking may protecttheir own interests at the expense of other interested parties’. On theother hand, the debtor’s original shareholders are more sensitive tobusiness information essential to the debtor based on their familiaritywith business operations and strengths in business judgment. Theprotection of commercial secrets is the key to the success of an enter-prise’s revival and subsequent development, especially in the contextof bankruptcy reorganization.We believe that although Chinese legislation is left blank on

whether the administrator shall be supervised by the debtor’s originalshareholders regarding disclosing commercial secrets at current stage,within the scope of commercial secrets protection, there is inherentrationality in granting certain supervisory rights to original share-holders of the debtor. Therefore, we suggest, in order to avoid ir-reparable losses caused by the information disclosure, we suggest thatwithin the scope of commercial secrets, the administrator should at-tach great importance to the opinions of the debtor’s original share-holders, analyze possible adverse consequences caused by informationdisclosure, and refer to the court for decision when necessary.

SummaryWhen an enterprise goes bankrupt, the administrator often overlookshis obligation to protect the commercial secrets of the bankrupt en-terprise while safeguarding creditors’ information rights under thelaw. When disclosing past transaction information of the debtor’s en-terprise to creditors, the administrator should pay particular attentionto whether the enterprise’s commercial secrets would be disclosed,weigh carefully, and seek instructions from the court if necessary. Atthe same time, we suggest that the legislation on the protection ofcommercial secrets of bankrupt enterprises, especially of those underbankruptcy reorganization, should be improved by granting certainsupervisory rights within the scope of commercial secret protection tothe original shareholders, such as the right to apply to the administra-tor to keep the information involving commercial secrets confidential,and the right to apply to the court to request the administrator tokeep secrets when the administrator rejects such application, etc. so asto guide the administrator to balance commercial secret protectionand creditors’ information rights in practice.


THOUGHT LEADERSHIP RESTRUCTURING AND INSOLVENCY


Covid-19 inspired changes to theDanish in-court restructuring rules

Pernille Bigaard (pictured), Anders Ørskov Melballe and Louise Krarup SimonsenSkau Reipurth & Partnere Advokatpartnerselskab.Copenhagen

1. Danish in-court restructuring proceedings

1.1 Restructuring proceedings in generalThe current Danish restructuring rules came into force in 2010. TheDanish Parliament has recently passed amendments to the restructuringrules to make it easier and more flexible to complete restructurings. Therules were adopted in view of the COVID-19 crisis in order to make thein-court restructuring rules even more useful in practise in order to in-crease the chances of restructuring viable businesses. The purpose of restructuring proceedings is to continue distressed

companies either by making them solvent and viable by debt adjustment(compulsory composition) or by transferring the business wholly orpartly to a third party. Restructuring proceedings must consist of a busi-ness transfer and/or a compulsory composition. We consider the in-court restructuring process a very important tool

to save viable businesses, the value of the assets and thus provide the bestsolution for the creditors, including the employees. We welcome the newchanges to the Danish restructuring rules as we suspect they will providea better foundation for successful restructurings. We have been a part ofseveral successful restructurings and are of the firm opinion that it hasprovided better dividends to the creditors in those cases. We find theprofessional advisors counselling any business in financial distress shallbe conscious of if it is a feasible solution for the business to undergo re-structuring instead of bankruptcy as the net result of restructuring couldsave the business assets to the benefit of all stakeholders. The Danish restructuring rules have sometimes drawn criticism for

not being sufficiently flexible and too compli-cated particularly in relation to business trans-fers, and the employees’ position could in somecases counter the application of the restructur-ing proceedings. The new rules endeavour tomake solutions more flexible, which in our as-sessment will improve the possibilities of com-pleting restructurings in the future. Not leastconsidering the economic problems due to thecorona pandemic.

1.1.1 The restructuring proceedings –restructurer and restructuring accountantRestructuring proceedings can be com-menced when a company is insolvent and

thus not able to fulfil its obligations as they fall due (illiquidity).On commencement of the restructuring proceedings the insol-

vency court appoints a restructurer (usually an attorney). Under thenew rules it is no longer mandatory that a restructuring accountant(typically an auditor) be appointed. The restructurer’s task is i.a. to propose a solution where the com-

pany or the viable parts of the company may continue either as thesame company through debt adjustment or by transfer of the businessto a new legal entity. The restructuring accountant’s task is i.a. to verify and produce fi-

nancial data to strengthen the creditors’ confi-dence in the financial records and bolster theendeavours to reach a viable solution.

1.1.2 Restructuring plan and proposalThe restructurer prepares a plan for the re-structuring process for the creditors. The planis to be heard at a creditors’ meeting beforethe insolvency court no later than four weeksafter filing the petition for restructuring pro-ceedings, also called the 4-week meeting (pos-sibility for extension with another fourweeks).At the meeting, the creditors vote on the

restructuring plan. The plan is adopted unless

“WE CONSIDER THE IN-COURT RESTRUCTURING

PROCESS A VERYIMPORTANT TOOL TO

SAVE VIABLEBUSINESSES, […]”


RESTRUCTURING AND INSOLVENCY THOUGHT LEADERSHIP

a majority of the creditors represented at the meeting cast their votesagainst the plan, provided that such creditors amount to at least 25%of the total known creditors. No later than six months after the 4-week meeting, there must be a

new meeting with the creditors to vote for the specific restructuringproposal (possibility for extensions). The restructuring proposal includes the exact content of the re-

structuring: compulsory composition, business transfer or both, plusinformation about the purchase, transfer price, expected dividend etc.A restructuring proposal is adopted unless a majority of the creditorsrepresented at the meeting vote against it.

2. Amendments to the restructuring rules and their importance

2.1 “Fast-track” modelEarlier, a business transfer in a restructuring process could only occurif the creditors had adopted it in a restructuring proposal. There arequite a few formal requirements to the content of a restructuring pro-posal, and the rules have sometimes drawn criticism for making it toointricate in terms of time and procedure to complete a business trans-fer in a restructuring process.For some companies undergoing restructuring proceedings a

transfer must happen quickly for the business’s survival. Liquiditymay be strained, or the value of the company may drastically be re-duced. In practice, bankruptcy has too often been the outcome if abusiness transfer had to have happened quickly. The recent amendments to the rules now allow a business transfer

immediately after commencement of the restructuring proceedings ina particular “fast-track” procedure. This procedure enables the re-structurer to approve a business transfer without the transfer beingadopted by the creditors as part of a restructuring proposal. Instead,the restructurer shall inform the creditors of a contemplated businesstransfer and provide a 5-day deadline for any objections against thebusiness transfer.A restructuring “fast-track” transfer requires:

• The restructurer must consent to the application of the “fast-track”• It is considered expedient to use the “fast-track” to maintain thebusiness’s value

• No objections against the transfer must have been received from amajority of creditors within five business days’ time limit.

• A restructuring plan must not have been adoptedThe “fast-track” model will be expedient if the debtor needs

cash to keep the business going during the ordinary restructuringproceedings or if the purchaser cannot await the standard proce-dure.A “fast-track” transfer may only be completed until a restructuring

plan has been adopted. Subsequently, business transfers may only beconducted under the rules applicable until now, i.e. as part of a re-structuring proposal that still applies. But as before, it is possible tomake a combined restructuring plan and proposal and complete thebusiness transfer quickly.

2.2 The Employees’ Guarantee FundEmployees, who do not receive their salary because the employerceases to exist, may receive payment from the Employees GuaranteeFund (the “Fund”) of their net salary after tax of up to DKK 160,000(2021 level) plus holiday payment, equal to approx. EUR 21,475.

Employees working for a company in restructuring will typicallyreceive their salary from the company in the restructuring period.Previously the terminated employees had to await the conclusion ofthe restructuring proceedings before payment could be made by therestructured company or bankruptcy proceedings commence againstthe company and the employee could then receive remuneration fromthe Fund or the bankruptcy estate. This has in some cases been a hin-drance for commencing in-court restructuring procedures as the ter-minated employees may find themselves in a vacuum in terms ofreceiving their salary for their termination period while the restruc-turing proceedings are pending. Now terminated and released employees can receive payment from

the Fund from the commencement of the restructuring proceedingsof up to three months’ salary due during the restructuring proceed-ings and up to one month’s salary, which was due before the restruc-turing proceedings. The new rules also limit the employee obligations that the buyer in

a restructuring-business transfer agreement must assume. With thenew regulations, the buyer – like in bankruptcy – only assumes re-sponsibilities from the commencement of the restructuring proceed-ings and the Fund will cover the rest. The Fund can now cover anyobligations from before the restructuring, as is the case in bankruptcy.

2.3 Restructuring accountantUnder the previous rules, it was mandatory to appoint a restructuringaccountant together with the restructurer. However, under the newrules, a restructuring accountant is no longer mandatory as it is ex-pected that it will be sufficient to work with the distressed company’sauditor. The purpose of the amendment is to make restructuring lesscostly as a formally appointed restructuring accountant must be en-tirely new to the company and thus will have no advance knowledgeof the company. The company in restructuring, the restructurer or 25% of the cred-

itors may still request that a restructuring accountant be appointed.It is expected that restructurings with no restructuring accountant

will often be restructurings of companies with limited values and alimited number of creditors where the restructurer assesses that it willbe safe to prepare the restructuring material with the assistance of thecompany’s auditor. In companies of some complexity, it will still oftenbe prudent to appoint a restructuring accountant.

2.4 No automatic bankruptcy and no requirement for securityfor bankruptcy costsWith the amended rules, a company may withdraw from commencedrestructuring proceedings until a restructuring plan has been adoptedwithout automatic commencement of bankruptcy proceedings. Previ-ously the company would automatically be declared bankrupt if therestructuring was not successful. The last amendment we will highlight is that it is no longer a re-

quirement to provide security for the cost of any subsequentbankruptcy proceedings. This will ease the cash flow strain to file forrestructuring with DKK 30-40,000, equal to EUR 4,026-5,370. Both more “technical” amendments may have quite significant ef-

fects both the existing rules can be hindering to a distressed company’swillingness and ability to file for in-court restructuring and instead tryfor out of court settlements which may increase the risk of agreementsto the disadvantage to some creditors or risk of loss for the creditors.



ATTORNEY BIOGRAPHIES RESTRUCTURING AND INSOLVENCY

Pernille is one of Denmark’s most experienced insolvency attorneys inDenmark. She has assisted in a number of financial restructurings andinsolvency proceedings against a wide range of large Danish companies,including Sterling Airways A/S, Sterling Airlines A/S, Centerplan A/S,Sandgården A/S, O. W. Bunker A/S, Fona A/S, Arnold Busck A/S and ACTGlobal A/S.

Pernille is widely recognised by the large international rating agencies asleading in Denmark in Insolvency and Restructuring. Her extensiveexperience and expertise mean that she is often asked to handle the mostcomplex cases in Denmark; for instance, as trustee of the estate inbankruptcy of O.W. Bunker, which is the largest bankruptcy in Denmarkin recent times.

Since 1988, Pernille has been entitled to appear before the Danish SupremeCourt, and she has conducted several significant cases in relation tobankrupt and insolvent businesses.

As the then chairman of the Danish Association of Trustees participatedestablishing the Association of Danish Insolvency Lawyers in 2004, and shewas chairman until 2018. For a number of years, Pernille also chaired theDanish Bar and Law Society’s Insolvency Law Committee and theAssociation of Danish Law Firms’ Insolvency Law Committee. Pernille isalso a member of The Danish Debt Collection Agency’s select group ofattorneys whom the Agency may appoint as trustees.

Pernille is appointed as a permanent trustee at the Maritime andCommercial Court, The Insolvency Court in Copenhagen. She representsDenmark ICC’s FraudNet, a global organization specializing in Fraud andAsset Recovery.

Pernille has worked as an attorney since 1980, specializing in restructuringand insolvency her entire career and has been a partner with one of thebiggest and most wellknown law firms in Denmark, Plesner, for 31 years.

She has held several positions of trust, including Chairman of theAssociation of Danish Insolvency Lawyers, Chairman of the DanishAssociation of Trustees (Kuratorforeningen), Chairman of the InsolvencyLaw Committee of the General Council of the Danish Bar and LawSociety, Member of the General Council of the Danish Bar and LawSociety, Member of the Code of Conduct Committee and many more.

Pernille has received numerous international rankings: To mention a fewmore recent:

Pernille Bigaard [..]draws extensive praise for her considerable experiencehandling the most high-profile cases across Denmark, including both in-courtbankruptcy proceedings and out-of-court restructurings. – Chambers Europe(2021)

Pernille Bigaard is listed in Women Leaders Guide – IFLR1000 (2020) and asMarket Leader within Restructuring and Insolvency 2021. Pernille is alsolisted as leading individual as regards to insolvency in The Legal 500 Series2019.

Pernille BigaardSkau Reipurth & PartnereAmaliegade 37DK-1256 CopenhagenDenmarkTel: (45) 69 15 38 79Email: [email protected]: www.skaureipurth.com

D E NMA R K

Nafisa Nihmat is an equity partner of Zhong Lun Law Firm ShanghaiOffice, a representative of the Sixth People’s Congress of Shanghai, PudongNew Area, a lecturer of Qingdao Lawyer College, a member of InternationalAssociation of Restructuring, Insolvency and Bankruptcy Professionals,and a director of Finance and Tax Law Society of Shanghai Law Society.Nafisa has extensive experience and expertise in Bankruptcy Restructuring& Liquidation, Distressed M&A, Out-of-Court Debt Restructuring andPre-packaged Restructuring, PR for Debt Crisis and has handled many bigand complex cases inducing wide influence both at home and abroad.

Professional Honors• “Recognized Practitioner – Restructuring/Insolvency (PRC Firms)” byChambers Asia-Pacific 2019, 2020 and 2021;

• “The A List: China’s Top 100 Lawyers” by China Business Law Journal2017, 2018, 2019, and 2020;

• “ALB China Top 15 Female Lawyers” by Asian Legal Business 2020;• “Deals of the Year 2016” by China Business Law Journal 2016;• “Rising Star of the Year” by IFLR1000 2021;• Biography published in the special column of September 2017 by AsianLegal Business;

• “Top Restructuring and Insolvency Practitioner in China” byEuromoney’s Expert Guides.

Representative Cases• Fengli Group Bankruptcy Restructuring: Served as the leading partneradvising the bankruptcy administrator, assisted in achieving debtrestructuring of tens of billions CNY and was rewarded with “Deals ofthe year 2016” by China Business Law Journal;

• Zhoushan Haozhou Group Bankruptcy Restructuring: Served as theleader of the bankruptcy administrator, handled liability of billionsCNY and was rewarded with Top 10 Typical Bankruptcy Cases ofZhejiang Province in 2019 and Top 10 Excellent Performing Cases ofBankruptcy Administrator Association of Zhejiang Province in 2019;

• Shandong Tranlin Group Bankruptcy Restructuring: Served as theleading partner advising the bankruptcy administrator, handledliability of tens of billions CNY;

• Jiangsu Akcome Industrial Group Co., Ltd Bankruptcy Restructuring:Served as the leading partner advising the investor, handled liability ofmore than ten billion CNY;

• Hangzhou Yuhang Financial Holdings Group Co., Ltd. BankruptcyRestructuring: Served as the co-leader of the bankruptcy administrator,restructured liability of more than 5 billion CNY;

• ST 000034, ST 600678, ST 600757 and ST 600094: Served as a keymember of the bankruptcy administrator and fulfilled debtreorganization plans involving billions CNY;

• SunEdison: Represented the largest unsecured Chinese creditor inbankruptcy proceedings in declaring their claims to SunEdison andassisting their cross-border distressed M&A of SunEdison’s assets;

• The first case in Shanghai involving refusal to recognize and enforceoverseas arbitration: Represented the respondent, successfullydefended the opposite side’s application for recognition andenforcement of the Singapore International Arbitration Centre(“SIAC”) Award in Shanghai.

Nafisa NihmatZhong Lun Law Firm6/10/11/16/17F, Two IFC8 Century Avenue, Pudong New AreaShanghai 200120ChinaTel: (86) 138 1752 3732Email: [email protected]: www.zhonglun.com

C H I N A


RESTRUCTURING AND INSOLVENCY ATTORNEY BIOGRAPHIES

Julie is a partner in Matheson’s Commercial Litigation and DisputeResolution Department. Julie regularly advises on fraud claims,freezing orders, injunctions, asset recovery and tracing, trust issues,directors’ duties and enforcement matters. Her practice includes high-stakes, complex Commercial Court disputes for internationalcompanies and financial institutions.

Julie was named Client Choice Award Winner for Asset Recovery(Ireland) in 2020. Julie is a strong advocate of alternative disputeresolution, which provides the means to resolve disputes in a cost-effective, time-efficient, confidential and creative manner. She is aCouncil member of the Irish Commercial Mediation Association. Julieis consistently ranked as one of Ireland’s top restructuring andinsolvency lawyers by international legal directories. She was a councilmember of the Irish Society of Insolvency Practitioners from 2011 –2014, acting as Secretary and as Chair of its Educational Sub-Committeeduring that period. Julie is co-author of the Commercial LitigationAssociation of Ireland’s Practitioners’ Guide to the Commercial Court inIreland and of the Law Society of Ireland’s Insolvency Law text book.She is a frequent contributor to Irish and international legal publicationsand is regularly invited to speak at industry conferences. Julie is also anon-executive director of Coillte DAC.

Experience Highlights• Advising credit servicing firms and investment funds in relation tointerest overcharging issues affecting acquired loan portfolios andassociated remediation projects.

• Advising lender and receiver on enforcement, trading and sale ofprivate hospital group.

• Advising a financial institution in relation to the design andimplementation of a remediation scheme for customers arising out ofmis-selling claims relating to certain investment products andassisting on their dealings with the Central Bank of Ireland and theFinancial Services Ombudsman.

• Representing a major domestic bank in relation to the recovery ofmulti-million dollar losses arising from a major fraud in a USsubsidiary.

• Advising a vehicle brand corporate group in relation to the defence ofcomplex inter-related commercial court proceedings arising out of thefire in Douglas Village Shopping Centre Cork.

• Advising an Irish plc in relation to a number of civil claims arisingfrom a highly publicised investigation by the Office of the Director ofCorporate Enforcement followed by the appointment of High CourtInspectors to investigate the company.

• Representing a large Italian multinational manufacturer anddistributor of electricity and gas in a successful jurisdictional challengeto the enforcement of an Albanian judgment in Ireland, as part of abroader enforcement strategy (so far France, Luxembourg, Ireland,New York and the Netherlands) on the part of the Albanian applicant.

Julie Murphy O’ConnorMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2192Email: [email protected]: www.matheson.com

I R E L A N D


EXPERT LISTINGS RESTRUCTURING AND INSOLVENCY

AU S T R A L I AJennifer BallClayton UtzSydney

Tania CiniAllensMelbourne

Orla McCoyClayton UtzSydney

Caitlin MurrayMinterEllisonSydney

Maria O’BrienBaker McKenzieSydney

Karen O’FlynnClayton UtzSydney

AU S T R I AJohanna Abel-WinklerABELL RechtsanwälteVienna

Ulla ReischUrbanek Lind Schmied ReischRechtsanwälteVienna

B E RMU DAKehinde GeorgeASW Law LimitedHamilton

B R A Z I LClara Moreira AzzoniFelsberg AdvogadosSão Paulo

Renata OliveiraMachado Meyer AdvogadosSão Paulo

Isabel Picot FrancaGaldino & Coelho AdvogadosRio de Janeiro

C ANADAKelly BourassaBlake Cassels & GraydonCalgary

Caroline DescoursGoodmansToronto

Jane DietrichCassels Brock & BlackwellToronto

Pamela L J HuffBlake Cassels & GraydonToronto

Rebecca KennedyThornton Grout FinniganToronto

DJ MillerThornton Grout FinniganToronto

Gale RubensteinGoodmansToronto

Tracy SandlerOsler Hoskin & HarcourtToronto

Leanne M WilliamsThornton Grout FinniganToronto

C AYMANI S L A N D SLaura HatfieldBedell CristinGrand Cayman

Margot MacInnisGrant ThorntonGrand Cayman

Colette WilkinsWalkersGrand Cayman

C H I N ANafisa Nihmat See bioZhong Lun Law FirmShanghai

D E NMA R KPernille Bigaard See bioSkau Reipurth & PartnereCopenhagen

F R AN C EFabienne BeuzitJones DayParis

Alexandra BigotLatham & WatkinsParis

Anja Droege GagnierBMH AvocatsParis

Cécile DupouxHogan LovellsParis

Joanna GumpelsonDe Pardieu Brocas MaffeiParis

Anne-Sophie NouryWeil Gotshal & MangesParis

Caroline TexierDLA PiperParis

G E RMAN YAnnerose TashiroSchultze & BraunAchern

HONG KONGS A RKwun-Yee CheungBaker McKenzieHong Kong

Aisling DwyerMaples GroupHong Kong

Claire FultonMourantHong Kong


RESTRUCTURING AND INSOLVENCY EXPERT LISTINGS

Teresa LauDeaconsHong Kong

Naomi MooreAkin Gump Strauss Hauer & FeldHong Kong

Kelly NaphtaliKirkland & EllisHong Kong

Donna WackerClifford ChanceHong Kong

I R E L A N DJulie Murphy O’Connor See bioMathesonDublin

Lisa SmythMcCann FitzgeraldDublin

I TA L YGabriella CovinoGianni & OrigoniRome

L I T H U AN I ADaiva Ušinskaitė-FilonovienėWINT Law FirmVilnius

MA L AY S I AMei Lin KhongShook Lin & BokKuala Lumpur

N E T H E R L AN D SHanneke De Coninck-SmoldersFlorentAmsterdam

Karen HarmsenTOON AdvocatenAmsterdam

Sigrid JansenAllen & OveryAmsterdam

Alice van der ScheeVan Benthem & KeulenUtrecht

Noor ZettelerWijn & Stael AdvocatenUtrecht

N EW Z E A L AN DPolly PopeRussell McVeaghAuckland

NO RWAYSiv SandvikSchjødtOslo

Stine Dalenhag SnertingdalenKvaleOslo

P O L AN DAnna Maria PuksztoDentonsWarsaw

P O R T UGA LFilipa CottaVdA Vieira de AlmeidaLisbon

S I N G A PO R EBlossom HingDrew & NapierSingapore

Sushma JobanputraJones DaySingapore

Raelene PereiraRajah & TannSingapore

S PA I NFedra ValenciaCuatrecasasMadrid

SW I T Z E R L A N DTanja LuginbühlLenz & StaehelinZurich

Brigitte Umbach-SpahnWenger PlattnerZurich

UN I T E DK I N G DOMTessa BlankDentonsLondon

Jennifer BrennanLatham & WatkinsLondon

Katrina BuckleyAllen & OveryLondon

Alison GoldthorpNorton Rose FulbrightLondon

Deborah GregoryHogan LovellsLondon

Rebecca JarvisLinklatersLondon

Mei LianPaul HastingsLondon

Monika Lorenzo-PerezBrown RudnickLondon

Rita LoweCMS Cameron McKenna NabarroOlswangLondon

Polina LyadnovaCleary Gottlieb Steen & HamiltonLondon


EXPERT LISTINGS RESTRUCTURING AND INSOLVENCY

Jennifer MarshallAllen & OveryLondon

Charlotte MøllerBrown RudnickLondon

Sarah MookLinklatersLondon

Elaine NolanKirkland & EllisLondon

Liz OsborneAkin Gump Strauss Hauer & FeldLondon

Helena PottsShearman & SterlingLondon

Laura PraterWhite & CaseLondon

Emma SimmondsAkin Gump Strauss Hauer & FeldLondon

Yen SumLatham & WatkinsLondon

Felicity Toube QCSouth SquareLondon

Hannah ValintineAllen & OveryLondon

UN I T E D S TAT E SIngrid BagbyCadwalader Wickersham & TaftNew York

Corinne BallJones DayNew York

Ronit J BerkovichWeil Gotshal & MangesNew York

Sarah R BordersKing & SpaldingAtlanta

Amy CatonKramer Levin Naftalis & FrankelNew York

Dianne F CoffinoCovington & BurlingNew York

Kelley A CornishPaul Weiss Rifkind Wharton & GarrisonNew York

Tobey M DaluzBallard SpahrWilmington

Debra A DandeneauBaker McKenzieNew York

Lauren C DoyleMilbankNew York

Alice Belisle EatonPaul Weiss Rifkind Wharton & GarrisonNew York

Shana A ElbergSkadden Arps Slate Meagher & FlomNew York

Susan M FreemanLewis Roca Rothgerber ChristiePhoenix

Madlyn Gleich PrimoffFreshfields Bruckhaus DeringerNew York

Kristin K GoingMcDermott Will & EmeryWashington DC

Nicole L GreenblattKirkland & EllisNew York

Jennifer C HagleSidley AustinLos Angeles

Leslie C HeilmanBallard SpahrDelaware

Shari L HeyenGreenberg TraurigHouston

Laura Davis JonesPachulski Stang Ziehl & JonesWilmington

Regina Stango KelbonBlank RomeWilmington/Philadelphia

Kay S KressTroutman PepperDetroit

M Natasha LabovitzDebevoise & PlimptonNew York

Lisa LaukitisSkadden Arps Slate Meagher & FlomNew York

Elizabeth LeckieAllen & OveryNew York

Heather LennoxJones DayCleveland

Jacqueline MarcusWeil Gotshal & MangesNew York

Jennifer L MarinesMorrison & FoersterNew York

Elizabeth R McColmPaul Weiss Rifkind Wharton & GarrisonNew York

Pauline K MorganYoung Conaway Stargatt & TaylorWilmington

Holland N O’NeilFoley & LardnerDallas

Margot SchonholtzLinklatersNew York

Lisa M SchweitzerCleary Gottlieb Steen & HamiltonNew York

Claudia Z SpringerReed SmithPhiladelphia

Catherine L SteegeJenner & BlockChicago

Rachel C StricklandWillkie Farr & GallagherNew York


RESTRUCTURING AND INSOLVENCY EXPERT LISTINGS

Sheryl L TobyDykema GossettBloomfield Hills

Jane VanLareCleary Gottlieb Steen & HamiltonNew York



S H I P P I N G A N D M A R I T I M E

Features for:

Malta, by Ann Fenech of Fenech & Fenech Advocates 180

Nigeria, by Kashimana Tsumba of Foundation Chambers 182

Nigeria, by Mojisola Jaiye-Gbenle and Juliana Okeke of Foundation Chambers 184



SHIPPING AND MARITIME THOUGHT LEADERSHIP

International effect of Judicial Sale ofShips

Ann Fenech*Fenech & Fenech AdvocatesValletta

Ships are responsible for as much as 90% of the carriage of worldtrade providing the main life line for global trade. This impressivestatistic underlines the importance of international shipping to thelives of each and every one of us. We depend on ships to carrypetroleum to run our industries, wheat, grains and livestock to feedour populations, containers stuffed with anything from clothing topharmaceutical products to fill the shops in the high street and equip-ment for our hospitals, refrigerated containers carrying fresh producevarying from fruit and vegetables to fish and flowers. This very brieflist is sufficient to emphasise the importance of ships to large indus-tries as much as to the ordinary man in the street.Ships and ship owners are however susceptible to economic forces

which may effect the ability of ship owners to pay their creditors. Eco-nomic recessions and events like the global pandemic which we havejust lived through, or very simply a business plan which has failed, canhave catastrophic effects on the liquidity of a ship owner leading tohis inability to pay his financiers, or his suppliers or his crew or anyother creditor. It may not always be possible for such a ship owner torefinance his debt and when that is not possible, it very frequentlyleads to creditors moving in on the owner and his vessel, leading tothe arrest of the vessel followed by the judicial sale of that vessel.The most common form of judicial sale is the judicial sale by auc-

tion, held under the auspices of the courts of the country in which thevessel is arrested. In a number of jurisdictions there are also court ap-proved private sales. These are sales which are also held under the au-thority and control of the court, however they do not involve anauction but involve the approval by the court of a sale to a privatebuyer for a stipulated price, which price, it would have to be proved isequal to or in excess of the market value ofthe vessel. The fact remains however that we are here

talking about the sale of a distressed vesselwhich is overloaded with debt. It thereforestands to reason that a prospective purchaserwould only be interested in purchasing such a“distressed” vessel if he can purchase the ves-sel “free and unencumbered” and can pur-chase her with a clean slate. It is only on thatbasis that a prospective purchaser would beremotely interested in purchasing her, and itis only on that basis that a purchaser will beprepared to pay good money. Of course thebigger the price, the better the chance of the

creditors getting paid and the bigger the chance of the owner actuallyhaving any money left over. When a purchaser buys a vessel in a judi-cial sale, the purchase price is paid into the court which would haveordered the sale and the creditors are then paid from the proceeds ofthe sale. If the price exceeds the debts, then any balance is paid to theowner. If the price is not sufficient to pay all the debts, very frequentlythere is a ranking of creditors procedure. In addition to the above it is equally important to the purchaser

that when he purchases the vessel free and unencumbered, he can getthe vessel deleted from its previous flag and re registered in a new flag

according to his requirements. Thus therecognition of the judicial sale by the existingregistry and the new registry is fundamental.The above, one would think, is pretty ob-

vious. However there have been several in-stances over the years where purchasers ofvessels in judicial sales have struggled to gettheir new title recognised by existing reg-istries, have struggled with unscrupulouscreditors re-arresting the vessels after theyhave been sold to the purchasers who wouldhave purchased the vessels in good faith andwould have paid top dollar for the purchaseof vessels free and unencumbered. This leadsto chaos and confusion and an interruption

“..A PROSPECTIVEPURCHASER WOULD

ONLY BE INTERESTED INPURCHASING SUCH A“DISTRESSED” VESSEL IFHE CAN PURCHASE THEVESSEL “FREE ANDUNENCUMBERED”.. “


THOUGHT LEADERSHIP SHIPPING AND MARITIME


of international trade when the industry requires clarity and consis-tency. How can a purchaser expect to obtain financing from a bank topurchase a vessel in a judicial sale when after the financier has ex-tended credit to purchase such a vessel free and unencumbered findsout that an old mortgagee or old creditor is still chasing the vesselwhen they should be getting paid out of the purchase price of the ves-sel? How can one expect a purchaser to pay top dollar if the vessel heis intending to purchase can still be arrested by old creditors? If a ves-sel does not fetch the best price, what chances do the creditors have ofgetting paid? What would happen to the crew of a ship who wouldhave been paid out of the proceeds of the price of a judicial sale in theevent that such a sale is not given its full effect further along the line?The answers to all of these questions point in one direction – uncer-tainty and chaos which is very bad news for the smooth operation ofvessels responsible for carrying 90% of world trade. It is in this context that the Comite Maritime International

(“CMI”) came up with a Draft Convention on the Internationalrecognition of Judicial Sales known as the “Beijing” draft. Following acolloquium organised in Malta in February 2018 which was attendedby a cross section of maritime interests ranging from builders toowners to financiers and service providers from over 58 countries,the United Nations Commission for International Trade law (UNCI-TRAL) at its fifty first session held in New York was persuaded to addthis topic to its work programme. This task was allocated to WorkingGroup V1 and the first meeting was held at the UN in New York inMay 2019 which meeting led to a first revision which was in turn dis-cussed and deliberated at the UN in Vienna in December 2019. Sincethen and notwithstanding the fact that we have had a Pandemicwhich has effectively removed physical meetings, deliberations havecontinued in earnest through virtually held meetings under theChairmanship of Beata Czerwenka and very effectively co-ordinatedby the UN Secretariat led by Jose Angelo Faria attended by state dele-gations and NGO delegations from all over the world. The result isthat UNCITRAL has just published the 4th revision of the BeijingDraft for deliberation at the next meeting to be held at the UN in Vi-enna in October. Such progress has been registered that it is likelythat a final draft be presented to the UN General Assembly in thenear future.The Draft Convention currently contains 21 articles. It applies to

the judicial sale of a ship when the ship is physically within the terri-tory of the state of judicial sale at the time of the sale and when underthe law of that State, the judicial sale confers clean title to the ship onto the purchaser.The Convention provides that notification of the sale must be pro-

vided to a number of persons including the owner, the bareboat char-terer of the ship, the registry of the ship, the holder of a registeredmortgage or hypothec and the holder of a maritime lien who would

have registered his claim. It further provides for the setting up of arepository and currently discussions are underway with the IMO asapproved in principle by the legal committee of the IMO at its 107thsession for a possible additional module within the IMO’s Global In-tegrated Shipping Information System the GISIS platform. The Con-vention provides for all notifications to be sent to the repositorywhich means that in practice any person interested in tracking a par-ticular vessel would at the push of a button be able to find out if aparticular vessel is going to be sold in a judicial sale. A very important provision in the convention relates to the issuing

of the Certificate of Judicial Sale. Following the sale, the Court of theState of Judicial Sale would then issue a Certificate of Judicial Sale at-testing to the fact that the vessel was sold free and unencumbered andobliges the registrars of flag administrations from state parties to giveeffect to such certificates by deleting any mortgages, hypothecs or reg-istered charges attached to such ships and by deleting the ship fromsuch registries and issuing certificates of deregistration to enable newregistrations. In order to ensure order and certainty, the convention makes it

clear that it is only the court of Judicial Sale which has exclusive juris-diction to hear any claim or application to avoid a judicial sale. TheConvention also makes it very clear that on the production of a cer-tificate of judicial sale, a Court of a State Party is obliged to dismissany applications for the arrest of a vessel for a claim against the vesselprior to its sale in a judicial sale, and must release a vessel arrested fora claim which predates a judicial sale on the production of a certifi-cate of judicial sale.The entire raison d’etre of the Convention is contained in article 6

which states:“ A judicial sale for which a certificate of judicial sale referred toin article 5 has been issued shall have the effect in every otherState Party of conferring clean title to the ship on the Purchaser.”

Much work has already gone into fine tuning this convention and thatis to the credit of numerous state delegations and NGO’s who haveparticipated wholeheartedly in the debate and thanks to the UN Sec-retariat for its ability to sift through all the various suggestions and tocapture the ideas being deliberated. Hopefully we will have a Conven-tion on the international effects of judicial sales in the not too distantfuture – something which is eagerly awaited by purchasers of vessels,creditors and financiers alike so as to further reinforce the certaintyrequired in international trade.

*Head of the Marine Litigation Department Fenech & Fenech Advocates

Vice President CMI and Chief Co-Ordinator for CMI at UNCITRALWorking Group V1 on judicial sales.



What is free trade?It is International trade left to its natural course without tariffs, quo-tas, or other restrictions. Free trade is a policy to eliminate discrimination against imports

and exports. Buyers and sellers from different economies may volun-tarily trade without a government applying tariffs, quotas, subsidies orprohibitions on goods and services. Free trade is the opposite of tradeprotectionism or economic isolationism.

Free trade in Nigeria Is free trade new in Nigeria? Free trade is not a new phenomenon inNigeria. Indeed there are free trade zones in Nigeria also known as Ex-port processing zones (EPZs) – also known as free zones (FZs). Theseare areas in which businesses are exempt from the normal regime ap-plicable in Nigeria, particularly with regard to Customs duty and tax.With the incentives EPZs offer to corporations, they are one of vari-ous methods used to attract foreign direct investment, increase for-eign exchange earnings, promote technology transfer and developexport- oriented industry in Nigeria.

African Continental Free Trade Agreement. On the 5th of December 2020, Nigeria deposited its instrument of rat-ification of the African Continental Free Trade Area Agreementthereby becoming the 34th African country to ratify the Agreement. The goal of the Agreement is simple, to create a simple market

characterized by the free movement for trade, goods and serviceswithin Africa. The AfCFTA is also expected to enhance competitiveness at the indus-

try and enterprise level through exploitation of opportunities for scaleproduction, continental market access and better reallocation of resources. The establishment of the AfCFTA and the implementation of the

Action Plan on Boosting Intra-African Trade (BIAT) provide a com-

prehensive framework to pursue a developmental regionalism strat-egy. The AfCFTA contains protocols including the Protocol on Tradeof Goods which deals with import and export duties, liberalization oftrade and progressively eliminating import duties. The Trade Protocol streamlines the requirements that qualify ves-

sels to ply African waters which in turn highlights the intersect be-tween indigenous tonnage and the benefits of intra African trade.

Shipping CriterionArticle 6 of Section II of the AfCFTA states that: “their vessels” … shall apply only toa) the vessel sails under the flag of a State Party; or b) at least, 50 per centum of the officers of the vessel or factory ship

are nationals of the States Party or States Parties; or





c) at least, 50 per centum of the crew of the vessel or factory ship arenationals of the States Party or States Parties; or

d) at least, [50/51] per centum of the equity holding in respect of thevessel or factory ship are held by nationals of the States Party orStates Parties or institutions, agency, enterprise or corporation ofthe government of the States Party or States Parties”.

FlaggingStatistics show that over 90 percent of goods imported into Nigeria arecarried by sea and when regard is had to economies of scale it appearsto be the most cost effective mode of transport. Consequently, legisla-tion and the supply chain in respect of Shipping has a substantial im-pact on Nigeria’s economy with regard to revenue and the market forcesof demand and supply. Most of the vessels that call at Nigerian Ports are owned by foreign

entities. These vessels reflect the composition of the global merchantfleet which are owned by the shipping majors. Many of these vessels flyflags of convenience from other registries for commercial reasons andexpediency.

Nigeria and tonnageIn 2003 Nigeria enacted a Cabotage Act 2003, to restrict the use of For-eign Vessels in Domestic Coastal Trade, pro-mote the development of Indigenous Tonnageand to establish a Cabotage Vessel FinancingFund. This Act was geared at shoring up in-digenous tonnage to partake in coastal ship-ping. Although the Cabotage Act deals more with

coastal shipping rather than merchant ship-ping outside Nigeria’s coastline the provisionsof the Act included a Cabotage Vessel Financ-ing Fund which was designed to enable Nigeriaacquire indigenous tonnage. Why is the issue of vessel ownership a cru-

cial issue with regards to the AfCFTA? The simple answer would be that there are

economic benefits that accrue to ownershipand that in itself is one of the key reasons why the AfCFTA was created.More so the benefits are regional and as such ought to be utilized by aspecific demographic with a core emphasis on the movement of capitalwithin the region. It is important at this stage to draw the distinction between flagging

and indigenous ownership. Even though a vessel may be Nigerianflagged it may very well not be indigenously owned by a Nigerian or beof African ownership. The Nigerian flag may simply be a flag of conve-nience. The idea of vessels plying strictly an intra -African route alsoimpacts on issues such as the cost of marine insurance especially inmore volatile areas.The issue of ownership in contradistinction to flagging becomes im-

portant under the AfCFTA because of the criterion for liberalizationand incentives enumerated therein. From the AfCFTA it has becomeclear that any vessel that expects free and unlimited passage to trade inthe African Continental Free Trade area needs to be flagged in anAfrican State that is a party to the Agreement and in addition has 50percent of its crew from a state party or the equity shareholding in re-spect of the vessel in 50/51% equity holding in nationals of a state party. It is interesting to observe that the requirements appear quite similar

to those of the Cabotage Act in Nigeria which rather than protectcoastal shipping for indigenous operators has by way of the waiver sys-

tem still left Cabotage trade quite porous to foreign participation and assuch has been unable to circumvent the pertinent issue of capital flight. The AfCFTA on the other hand permits flagging and as such, foreign

vessels using the mechanism of flags of convenience in State Parties willeasily participate in trade and enjoy all the incentives including the un-fettered passage afforded therein. It is common knowledge that Liberia which is also a State party to

AfCFTA is one of the biggest Ship Registries and as such foreign Shipowners who have registered their vessels in such registries will partakeof unrestricted trade along the African transit corridor. Needless to say there will be an increase in flagging demands in

African states which will bring in some measure of revenue but quiteclearly the revenue realized from flagging is much lower than the bene-fits derived from vessel ownership. From an economic perspective it isdebatable whether flagging alone will decisively reduce the cost of re-gional carriage of goods by sea thereby making intra African tradecheaper in terms of transport costs. While the routes may prove shorterthey may be more expensive with respect to insurance cover.

Bills of ladingThe AfCFTA creates its own transit document The African ContinentalFree Area Transit Document which is like a bill of lading. It is a Cus-

toms Document for transit declaration approvedby the African Union Ministers of Trade and tobe utilized within the African Continental FreeTrade Area; The Document raises several questions. Is it

just a transit document or will any liability ac-crue based on the fact that it enumerates cargoon the face of the document similar to a bill oflading? In terms of carriage regimes will it begoverned by the international carriage conven-tions or strictly subject to the dispute resolu-tion mechanisms within the AfCFTA?Noteworthy is that no mention is made of lim-itation of liability within the transit docu-ments. Where do standard forms stand in theface of this new innovation and as between the

Parties can vessels that issue standard form bills of lading still ply theAfrican Transit route if a compulsory requirement for carriage is theAfCFTA Transit Document? Will both documents operate simultane-ously with one operating as a title document/receipt while the other op-erates as a mere passage licence? All these are matters that will need tobe unraveled and judicially tested upon the coming into existence of theAgreement in our Climes.

Conclusion At the heart of the AfCFTA is gleaned a medium aimed at bolsteringeconomic, industrial and regional value chain development. Are the rel-evant drivers required to actualize the ethos of the agreement present?What can be done to build capacity to achieve the aim?. If Africa in-tends to establish a continental market for goods through intra Africatrade it must strategically build capacity in respect of vessel ownership.It must invest in ship building and increase its maritime asset base toenable it have a market share in the global fleet. To emerge as a viabletrade hub there must be a decisive shift away from mere flagging of for-eign operators to a deliberate investment in vessel ownership by Africanentities. Only then will African economies be positioned to play a keyrole in creating, utilizing and investing the revenue that comes fromcarriage of goods by sea in Intra Africa trade.

“VESSELS EXPECTINGUNLIMITED ACCESS TOTRADE UNDER ACFTAMUST BE FLAGGED INAN AFRICAN STATE”



There has been a call by industry stakeholders in Nigeria’s Oil and Gasindustry, for the amendment of the Nigerian Oil and Gas IndustryContent Development Act, 2010 (the “Act” or “Local Content Act”). Inresponse to the call, a Bill for the amendment of the Act is currentlybeing deliberated. Below are some of the notable proposed changesthe new Bill seeks to modify in the Act.1. Nigerian Company – Section 3 (1) and 3(2) of the Local Con-

tent Act- The Bill seeks to amend Section 3(1) and (2) of the Act, bydeleting the words Nigerian independent operators and substitutingit withNigerian companies under section 3 (1) and replacing thewords “Nigerian indigenous service companies” under Section 3(2)with the words Nigerian service companies.Comments: This deletion widens the definition of Nigerian Com-

panies and Nigerian service companies, which will be given first con-sideration under the Act, to include Nigerian registered jointventure-owned companies which have non-Nigerian partnerships. 2. Nigerian Content Plan – Section 7 of the Local Content Act –

The Bill shall amend Section 7 of the Act by deleting the wordsdemonstrating compliance and substituting it with demonstratingcapacity to comply. Comments: By the proposed amendment, operators in the Nige-

rian oil and gas industry, wishing to participate in bidding for a li-cense, permit, or interest in any project, only need to submit aNigerian Content Plan showing a capacity to comply with the Nige-rian content requirements of the Local Content Act. 3. Minimum Target Level / Capacity Development Initiative for

Imported Items- Section 11 of the Local Content Act – The Bill isproposing to replace Section 11 (2) and (4) of the Act with the follow-ing new sections 11 (2) and (4) (a) and (b) which reads as follows:

“(2) Where a project description is not specified in the Schedule orwhere target of the schedule is considered inadequate based on currentcapacity, the Minister may make regulations to set the minimum tar-

get level for that project or project item.(4) Notwithstanding the provisions of subsection (1) of this section,where there is inadequate capacity to meet any of the targets in theschedule to this Act, the Board may recommend to the Minister forapproval, the importation of the relevant items. Any authorization toimport an item shall be subject to an approved Capacity DevelopmentInitiative (CDI) to develop the relevant capacity. The approval forsuch CDI shall be based on the following considerations:(a) An entity requesting for approval to import goods or services intothe country (herein referred to as the Applicant) shall advertise theneed for the goods and service on the Joint Qualification System for aperiod not less than 30 days before submitting application to theBoard. (b) The advert shall at a minimum indicate the description of thegoods or services required, relevant”Comments: This proposed new section, now gives the Minister of

Petroleum, the power to make regulations to set up a minimum targetlevel for the Nigerian content required in a project, in cases where,based on the current capacity in the industry, the target level set out in





the Schedule to the Act is inadequate or, where the type of project isnot described in the Schedule to the Act.Section 11 (4) also makes approval for the importation of an item

from the Minister of Petroleum based on an approved Capacity De-velopment Initiative (CDI) submitted to the Company. Furthermore,the CDI shall only be approved by the Board, where the Companysubmitting the CDI shows that it advertised the need for the productor service for a minimum period of 30days and above, describing indetail the type of goods, services, or product required.This proposed amendment is a welcome development to the Act as

it shall increase the utilization of Nigerian goods, products, and ser-vices in projects in the oil and gas industry and equally reduce impor-tation.4. Opportunity to Nigerian Companies – Section 15 of the Local

Content Act – The Bill shall amend Section 15 of the Act by deletingthe words Nigerian indigenous contractors and companies and sub-stituting it with Nigerian companies. Comments: This deletion widens the definition of Nigerian Com-

panies, which will be given opportunities under the Act, to includeNigerian registered joint venture-owned companies which have non-Nigerian partnerships. 5. Lists of contracts to be submitted by Operators -The Bill pro-

poses an amendment to Section 17 of theLocal Content Act to include projects valuedmore than N100,000,000 to the list of con-tracts to be submitted to the board by opera-tors for approval. It does this by amending theexisting Section 17 (1) with the following newSection 17(1):

“(1) For any proposed project, contract, sub-contract, and purchase order in the Nigerianoil and gas industry estimated by an opera-tor to be more than $1,000,000 (USD) forcontracts denominated in US Dollars or100,000,000 for contracts denominated inNaira, the operator shall provide to theBoard for approval, advertisements, pre-qualification criteria, technical bid docu-ments, technical evaluation criteria, and the proposed bidder’s lists.”Comments: This is a welcome development to the Act as it in-

creases the number of contracts Nigerian Companies can bid for andbe given first consideration.6. Quarterly Procurement Report – Section 24 of the Local Con-

tent Act – The Bill seeks to amend section 24 (1) of the Act to includethe words “or ₦100,000,000 for contracts denominated in Naira “be-fore or such other limit as the Board…. Comments: The Act currently only requires contracts valued at

US$1,000,000 to be submitted to the Board by operators. This bill ex-tends the type of projects to be submitted to the Board by operators intheir quarterly procurement report to include contracts valued atN100,000,000 in the case where the contracts are denominated inNaira. 7. Expatriate Quota – Section 33 of the Local Content Act – The

new Bill seeks to amend section 33 subsections (1) and (2) by replac-ing the present section 33 (1) and (2) with the following new section33 (1) and (2) (a) (b) (c) (d) (e) (f) (g):

“33. (1) Notwithstanding anything to the contrary contained in anyexisting enactment, law, or regulation, an operator shall obtain theapproval of the Board before submitting an application to the Min-istry in charge of Internal Affairs or any other relevant agency of the

Federal Government for expatriate quotas or work permits.(2) The application made to the Board shall include:(a) job titles;(b) description of responsibilities;(c) the duration of the proposed employment in Nigeria;(d) exceptional reason(s) why the services of an expatriate are re-quired;(e) the country of residence where the expatriate would be engagedfrom;(f) the nationality of the expatriate(g) any other information required by the Board for purposes of de-termining the merit of the application.”Comments: This amendment makes all applications for expatriate

quota to the Minister of Interior, subject to prior approval by theBoard. While this amendment might be seen as an effective means ofreducing the number of foreign workers working in the industry,seeking prior approval from the Board before proceeding to the Min-ister of Interior, only increases the number of administrative bottle-necks and delays experienced by Companies and undermines thegovernment policy of improving the Countries ease of doing businessrating.8. 0.5% Levy on Gross Revenue of Operators – Section 38 of the

Local Content Act- The Bill shall replace sec-tion 38 subsections (2) with the followingnew section 38 (2) (3) and (4):

“(2) The R & D Plan shall outline a revolv-ing three to five-year plan for oil and gas-re-lated research and development initiatives tobe undertaken in Nigeria, together with abreakdown of the expected expenditures thatwill be made in implementing the R&DPlan;(3) All operators shall set aside, annuallyand for the purpose of carrying out researchand development activities in Nigeria, aminimum of 0.5% of the gross revenue re-ceived by the operator;(4) The funds set aside under subsection (3)shall be applied as follows:

(a) fifty percent shall be allocated to Research and Development pro-grammes in Nigerian;(b) fifty percent shall be applied to research and development activi-ties within the facilities of the operator established in Nigeria.”Comments: The bill has introduced a new levy of 0.5% on gross

revenue received by operators which is required to be set aside for R &D programs in Nigeria. While this may be viewed as a commendableinitiative by the Board, it may be perceived by some industry opera-tors as an additional indirect tax on their profits.9. Section 68 of the Local Content Act – The Bill seeks to insert the

following new subsections (2) (3) (4) (5) and (6) in the existing sec-tion.

“(2) A person who submits a plan, returns, report or other documentand knowingly makes a false statement, commits an offense and shallbe liable to administrative sanctions which may include a fine of notmore than five percent of the project sum, cancellation of the projector any other sanction as may be prescribed by the Board.(3) Subject to section 69 (1), A person who submits a plan, returns, re-port or other documents and knowingly makes a false statement, andfails to provide satisfactory reason for the violation shall be liable toadministrative sanctions including cancellation of project, withdrawal

“0.5% OF GROSSREVENUE MUST BE SETASIDE FOR R & DPROGRAMS INNIGERIA”



of certificates or any other sanction as may be prescribed by the Board.(4) A person who connives with a Nigerian citizen or a Nigeria com-pany to deceive the Board as representing a Nigerian company toachieve the local content requirement under this Act commits an of-fence and shall be liable to administrative sanction which may in-clude a fine of not more than five percent of the project sum,cancellation of the project or any other sanction as may be prescribedby the Board.(5) An operator or other connected entity which —(a) carries out oil and gas activities without the required local contentrequirement;(b) fails to submit a local content plan;(c) fails to satisfy the content requirement of a local content plan; or(d) fails to submit its local content performance report or annualwork plan to the Board, commits an offence and is, on conviction, li-able to administrative sanction which may include a fine of five per-cent of the value of the proceeds obtained from the oil and gasactivities in respect of which the breach is committed but which shallnot exceed five percent of the project sum or to the cancellation of acontract with respect to the extractive activity or any other sanction asmay be prescribed by the Board.(6) A person who is convicted of an offence under this Act for whichno penalty is provided shall be liable to a fine not exceeding five per-cent of the project sum or to imprisonment for a term of not morethan five years, or to both.”Comments: The Bill has introduced a new class of offences for per-

sons who submit false reports and documentation as well as for thosewho fail to submit a plan. The value of the fine has, however, been re-tained as 5% of the project sum or cancellation of the contract.10. Disciplinary Procedure for Infractions by Operators – Sec-

tion 69 of the Local Content Act – The Bill seeks to add a new subsec-tion to Section 69. Namely subsections (1) (2) (3) (4) and (5) below:

“(1) Where an operator fails to comply with any provision of this Act,the Board shall notify the operator in writing specifying the details ofthe infraction.(2) Any operator who is notified of any infraction shall within 7 daysof the receipt of the notice reply in writing.(3) If the board is satisfied with the operator’s reply, the matter shallend, however, if the Board is not satisfied with the reply, the Boardshall impose any sanction specified in this Act or this regulation.(4) Subject to section 69 (1), A person who submits a plan, returns, re-port, or other documents and knowingly makes a false statement, andfails to provide satisfactory reason for the violation shall be liable toadministrative sanctions including cancellation of project, withdrawalof certificates or any other sanction as may be prescribed by the Board.

(5) Any Operator who fails to remit the Nigerian Content Fundwithin the timeframe stipulated in the Regulation by the Minister,shall be liable to administrative sanctions including:(a) recommendation for revocation of Operating license and permits;(b) cancellation of project, contracts, or certificates as applicable;(c) imposition of fines;(d) refusal to process statutory approvals;(e) any other action as may be prescribed in the Ministerial Regula-tion on Nigerian Content Development Fund.” Comments: This is a welcome development in the Act as it spells

out a step-by-step disciplinary procedure for operators who infringeon the provisions of the Act, thereby preventing any misunderstand-ing regarding the consequences for contravening the Act. 11. Increase in 1% Levy – Section 104 of the Local Content Act –

The bill seeks to change the existing section 104 to section 105 bydeleting and substituting the existing section 104 (1) (2) and (3) witha new section 105 (1) (2) and (3) as follows:“(1) A Fund to be known as the Nigerian Content Development

Fund (the “Fund”) is established for purposes of funding the imple-mentation of Nigerian content development in the Nigerian oil andgas industry.(2) The sum of two percent of every contract awarded to any oper-

ator, contractor, subcontractor, alliance partner, or any other entity in-volved in any project, operation, activity, or transaction in theupstream sector and designated midstream and downstream pro-jects operation, activity or transaction in the Nigerian oil and gas in-dustry shall be deducted at source and paid into the Fund. (3) The Fund shall be managed by the Nigerian Content Develop-

ment and Monitoring Board and employed for projects, programs,and activities directed at increasing Nigerian content in the oil and gasindustry.”Comments: The change will increase the amount to be deducted

at source and paid to the Nigerian Content Development Fund from1% to 2% on every contract awarded to a contractor. This changemight be viewed by some operators as an attempt by the Governmentto increase its revenue stream in an industry which is currently strug-gling from the effects of the move from fossil fuels to renewable en-ergy.

Conclusion:The proposed amendment to the Act is a welcome development as thelaw must evolve often enough to reflect industry best practices. Uponimplementation, further engagement between the Regulator andstakeholders will more specifically bring to the fore the efficacy orotherwise of the new amendments.



ATTORNEY BIOGRAPHIES SHIPPING AND MARITIME

Ms Reiko Yoshida is an attorney admitted in Japan and the Republic of theMarshall Islands, and a partner at City-Yuwa Partners. She has beenproviding comprehensive legal support on ship financings for sometwenty years, representing Japanese and non-Japanese shipping owners,shipping operators, governmental and private financial institutions,advising on scheme construction, negotiation, and leading complicatedmulti-jurisdictional shipping finance transactions for the financing ofhigh value vessels such as LNG carriers. She also advises on corporate andmaritime matters under the laws of the Republic of the Marshall Islands,developments of financial products, domestic and international M&A,reorganizations of groups of companies, and successions of business ofcompanies engaging in the shipping business.

Her recent transactions include:

• advising on M&A and succession of business of major Japaneseshipowners with a value of USD150,000,000;

• advising a major Japanese shipping operator, leading a consortium ofmajor Japanese shipping operators and a local government-relatedshipping operator on the financing and/or transfer of shares in respectof three LNG ships, with values of USD120,000,000-190,000,000;

• advising a senior lender in a project finance transaction consisting ofECA facilities, senior bank facilities, senior bonds, subordinated bankfacilities, and subordinated bonds, to a wholly owned subsidiary of aMiddle East government-related gas transportation operator through25 separate and cross collateralized SPCs incorporated in the MarshallIslands, with values of over USD5,700,000,000;

• advising a major Japanese shipping operator on the acquisition of acompany engaged in an LNG project, with a value of USD500,000,000;

• advising Japanese financial institutions on the financings of numerousLNG ships, with values of USD160,000,000-200,000,000;

• advising Japanese governmental and financial institutions on thefinancings of a number of 14,000-24,000 TEU container vessels, withvalues of USD70,000,000-170,000,000;

• advising a ship owner in the structuring of group of companies usingthe Marshall Islands corporations, limited partnership and limitedliability companies with values of USD 300,000,000;

• advising Japanese and non-Japanese financial institutions, shippingoperators and shipowners on the financing of some 60 vessels ofvarious types per year with values of USD30,000,000-180,000,000; and

• advising a major Japanese bank on a USD117,000,000 financing forconstruction of a dockyard by a Japan-China JV company, andregistration of foreign debts with China’s State Administration ofForeign Exchange (SAFE).

Ms Yoshida is also a visiting researcher at the Waseda University Instituteof Maritime Law and a co-founder and auditor of Women’s InternationalShipping and Trading Association (WISTA) Japan.

Reiko YoshidaCITY-YUWA PARTNERSMarunouchi Mitsui Building2-2-2 MarunouchiChiyoda-KuTokyo 100-0005JapanTel: (81) 3 6212 5560Email: [email protected]: www.city-yuwa.com

J A PAN

Ann Fenech is the head of the marine litigation department at Fenech& Fenech Advocates and was Managing Partner of the firm from 2008to 2020. She qualified in 1986 and joined Holman Fenwick and Willanin London. From there she moved to Chaffe McCall Phillips Toler andSarpy in New Orleans. On joining Fenech & Fenech, she created themarine litigation department. She has dealt exclusively with maritimeissues for the past 34 years ranging from salvage to charterpartydisputes and from towage to enforcement of mortgages. She lectures atthe University of Malta and the International Maritime Law Institute.She is the President of the Malta Maritime Law Association, BoardMember of the European Maritime Law Organisation and foundingBoard Member of the Malta Maritime Forum. She has been on theExecutive Council of the Comite Maritime International since 2014and in 2018 elected Vice President. She is currently the co-Chair of theCMI IWG on International Recognition of Judicial Sales and CMI Co-Ordinator of the project at UNCITRAL. In June 2020 she wasappointed Director of 1923 Investments plc and in May 2021 she wasappointed Director of MMH Malta Limited.

Ann FenechFenech and Fenech Advocates198 Old Bakery StreetVallettaMaltaTel: (356) 2124 1232Email: [email protected]: www.fenechlaw.com

MA L TA


SHIPPING AND MARITIME ATTORNEY BIOGRAPHIES

Mojisola is a Senior Associate at Foundation Chambers

Mojisola specializes in ship registration, ship financing, sale of ships,charter party agreements, maritime labour, cargo claims and thecarriage of goods by sea. Mojisola has also handled admiralty actionsand disputes related to charter party and the carriage of goods by sea,collision, and other regulatory matters at the Federal High Court.

Mojisola has gained knowledge over several years through herparticipation in various transactions for clients in the shippingindustry. She acts for ship owners, ship managers, charterers, terminaloperators, and offshore service companies; in matters related to theCabotage Act, the Local Content Act and other government regulatorycompliance matters. She graduated with a Masters in Shipping Lawfrom the University of Cape Town in 2009 and was awarded a BIMCOeLearning Scholarship in 2016. She is a member of the Women’sInternational Shipping and Trade Association (WISTA), the NigerianMaritime Law Association (NMLA) and the Nigerian EconomicSummit Group’s Trade, Investment & Competitiveness PolicyCommission (TICPC).

She is ranked as a Rising Star and Recommended Lawyer (Shippingand Transport) Legal 500 EMEA 2021 edition.

She is also published in the International Law Office.

Mojisola Jaiye-GbenleFoundation Chambers7th Floor, Architects Place, 2, IdowuTaylor StreetP. O. Box 70611, Victoria IslandLagosNigeriaTel: (234) 903 601 9864E: [email protected]: www.foundationchambers.com

N I G E R I A

Kashimana is a Partner at Foundation Chambers.

Kashimana studied Law at the University of Lagos. She was admittedto the Nigerian Bar in 2005. She obtained a Masters in Maritime Lawfrom the University of Southampton United Kingdom in 2007. Sheserved as an International Maritime Organization intern in 2010. Shewas a Visiting researcher at the Institute of Maritime Law, University ofSouthampton UK, in 2011.

Kashimana specializes in Maritime Law with an emphasis on disputesarising from Charterparties, Oil and gas, Ship arrests, Crew mens’wages, personal injury, bills of lading, sale and purchase contracts,collisions, and Marine insurance contracts. She advises Shipownersand their insurers in relation to a range of wet and dry shippingmatters and has directly been involved in enforcement proceedings inrespect of LMAA arbitrations.

Kashimana has also advised on greenfield ports and Public PrivatePartnerships to both Terminal operators, Concessionaires andRegulators in the ongoing Port concession exercise in Nigeria.

Kashimana also advises on Offshore technology and deep-water assets,particularly on Pipeline construction projects, Production SharingContracts, and Joint venture Agreements.

Kashimana has played a research and advisory role in the drafting ofkey legislation such as the Nigerian Cabotage Act, the MerchantShipping Act and the National Transport Bill. She has severalpublished international articles in reputable journals including theLloyds List group.

Kashimana is passionate about continuing professional developmentand currently serves as Secretary to the Maritime Committee on theNigerian Bar Association, Section on Business Law, and the YoungComite Maritime International respectively.

Kashimana TsumbaFoundation Chambers7th Floor, Architects Place, 2, IdowuTaylor StreetP. O. Box 70611, Victoria IslandLagosNigeriaTel: (234) 810 369 8795Email: [email protected]: www.foundationchambers.com

N I G E R I A


ATTORNEY BIOGRAPHIES SHIPPING AND MARITIME

Maureen Poh, Director, Helmsman LLC is well-known as a key namefor charter party and carriage of goods by sea disputes, and commoditysale and purchase matters. She is lauded for being ‘proactive, clear andfast in analysing specific points’. Maureen has significant experiencewith contentious and transactional shipping and commodity-relatedmatters. Her experience spans a range of vessels from bulk carriers, oiland chemical tankers to gas tankers and floating storage andregasification units (FSRU). Maureen has particular expertise inenergy-related transportation and sale and purchase contracts,including Liquefied Natural Gas (LNG), Liquified Petroleum Gas(LPG), crude oil and refined products.

Helmsman LLC specialises in shipping and commodities trading law.The firm routinely acts for clients in varied and high value commercialtransactions and disputes across the world from our offices inSingapore and Hong Kong. The breadth of experience and deepexpertise of our lawyers in shipping and commodity trading makes usthe counsel of choice for the biggest shipping companies andcommodity traders across the world. In addition to our deep subject-expertise, we are well known for our user-friendly approach, andpenchant for ‘plain practical advice’.

Hong Kong officeRoom 4209, Tower 1, Lippo Centre89 QueenswayAdmiraltyHong Kong

Maureen PohHelmsman21A Duxton Hill Singapore 089604Tel: (65) 6950 8667Email: [email protected]: www.helmsmanlaw.com

S I N G A PO R E

Vasanti Selvaratnam QC is a senior Silk practising as both Counsel andArbitrator across a wide range of industry sectors, regularly handlingmultimillion dollar commercial disputes in shipping, trade andcommodity disputes, banking and finance, insurance, jurisdictiondisputes, conflict of law issues and civil fraud. She also specialises in allforms of interim relief, including freezing orders and anti-suit injunctions.Vasanti is particularly noted for her user friendly “hands on” approach tocases and for her ability quickly to get to grips with disputes raisingcomplex factual and technical issues which require a sound grasp of expertevidence and mastery of detail. Vasanti was shortlisted as Chambers andPartners Shipping Silk of the Year in 2019 and has been consistently highlyrated in the legal guides throughout her many years in practice at theEnglish Bar. Vasanti also speaks and publishes on a variety of legal topics,including most recently an article on English law and good faith publishedin the May 2020 edition of the LMCLQ.

Reported leading cases include The Alexandra 1 [2021] UKSC 6, (decisionof the Supreme Court concerning the inter-relationship between thenarrow channel rule and the crossing rule under the internationalCollision Regulations; the well-known House of Lords decisions in TheStarsin [2004] 1 AC 715 and The Nagasaki Spirit [1997] AC 455, the Courtof Appeal decision in The Wadi Sudr [2010] 1 Lloyd’s Rep 193 (leadingcase on the arbitration exception, the Judgments Regulation and issueestoppel), Joint Stock Asset Management Co Ingosstrakh-Investments vBNP Paribas [2012] EWCA Civ 644 (leading case on non-contractual anti-suit injunctions), The Stolt Kestrel [2015] EWCA Civ 1035 (leading caseon extensions of time under section 190 Merchant Shipping Act 1995);and a number of important first instance decisions including The RubiconVantage [2020] 1 Lloyd’s Rep 383 (first reported case to consider a hybridparent company guarantee and the principles applicable to itsinterpretation), Deutsche Bank AG London Branch v CIMB Bank Berhad[2017] EWHC 3380 (Comm) (compliance of a documentary creditpresentation with UCP 600 in relation to signatures and other issues) andEmirates Trading Agency v PMEPL (ground breaking decision on multi-tiered friendly discussion clause as a condition precedent to right tocommence arbitration which has generated much legal and academicdiscussion).

Vasanti was called to the Bar in 1983 and received her LLM in 1984. Shehas been a practising barrister at the Commercial Bar since 1985, aRecorder from 2000 – 2018, Queen’s Counsel since 2001 and a Bencher ofMiddle Temple since 2011. Vasanti is a Panel arbitrator of SIAC, HKIACand SCMA, a member of the LCIA, ICC and ICCA, a member of the LOFPanel of arbitrators and a supporting member of the LMAA. She hasconducted a very large number of arbitrations to date, including as Chair,under all major international arbitral rules (including UNCITRAL) as wellas ad hoc. She is chair of the education sub-committee of the LondonShipping Law Centre and a Consultation Board member of Practical LawArbitration. Vasanti is also joint head of Chambers of The 36 Group, oneof the largest multi-disciplinary sets of barristers chambers in London.

For a full CV please contact her clerks on +44 (0) 20 7440 6900 [email protected]; pmartenstyn@@36stone.co.uk

Vasanti Selvaratnam QC36 Stone4 Field CourtLondon WC1R 5EFUKTel: (44) 20 7440 6900Email: [email protected];[email protected]: www.36group.co.uk



SHIPPING AND MARITIME ATTORNEY BIOGRAPHIES

Jacqueline Zalapa is a Partner in the London office of CampbellJohnston Clark specialising in commercial litigation and arbitration ofdisputes in the shipping, carriage of goods, offshore and private equitysectors (including shareholder disputes). She has advised across thefull spectrum of shipping contracts, including MOAs, MOUs,Charterparties, Bills of Lading, Sale Contracts and COAs. Sherepresents clients in a wide variety of jurisdictions and arbitralregimes, including LMAA as well as English High Court Litigation.

Many of her cases involve meticulous analysis of complex factual,expert or legal issues.

Jacqueline is well-versed in early dispute management of large-scalelitigation. She has significant experience in injunctive and other pre-action relief, jurisdictional and enforcement issues. She brings over 17years’ international experience practising law in London, New Yorkand Sydney to all aspects of her case management.

Well-known for her down-to-earth approach to the law, grasp ofcommercial realities and creativity to implement pragmatic strategiesto deliver both legal and commercial objectives from the beginning tothe end of a dispute, whether in court, arbitration or using alternatedispute resolution techniques. She has been described as “a dogged,determined and thorough litigator, always determined to get the best forher client.”

Outside of private practice, Jacqueline has served as a Trustee of theSailors’ Society, one of the world’s largest maritime charities and sheco-authored “Through the Lens of Maritime Law : A World View” (2020)published by the Centre for Maritime Law, India.

Jacqueline is tri-qualified in England & Wales, New York and Australia.She holds an LLM (2005, Sydney University) and a BA.LLB (2003,Macquarie University). Member of the Law Society of England andWales (2007), the New York Bar (2006) and the Law Society ofAustralia (2003).

Jacqueline L ZalapaCampbell Johnston Clark59 Mansell StreetLondon, E1 8ANUKTel: (44) 20 7855 9669Email: [email protected]: www.CJCLaw.com



EXPERT LISTINGS SHIPPING AND MARITIME

AU S T R A L I AAlexis CahalanNorton WhiteSydney

Michelle TaylorSparke Helmore LawyersBrisbane

Danella WilmshurstNorton WhiteSydney

C ANADAShelley ChapelskiNorton Rose FulbrightVancouver

C AYMANI S L A N D SSherice ArmanMaples GroupGrand Cayman

C H I N AShirley LiInceShanghai

Zeldar WangInceShanghai

C Y P R U SMarion Coukidou-MadellaChrysses DemetriadesLimassol

D E NMA R KUlla FabriciusNJORD Law firmCopenhagen

F R AN C EChristine EzcutariNorton Rose FulbrightParis

G E RMAN YDharshini BandaraFleet HamburgHamburg

HONG KONGS A RMaggie C K CheungMayer BrownHong Kong

Rosita LauInceHong Kong

Janice LeeInceHong Kong

Madeline LeongWatson Farley & WilliamsHong Kong

I C E L A N DLilja JónasdóttirLex Law OfficesReykjavik

I R E L A N DHelen Noble SCNoble Shipping LawArklow

J A PANReiko Yoshida See bioCity-Yuwa PartnersTokyo

MA L AY S I ASitpah SelvaratnamTommy ThomasKuala Lumpur

MA L TAAnn Fenech See bioFenech & Fenech AdvocatesValletta

N EW Z E A L AN DPauline DaviesFee LangstoneAuckland

Barbara VersfeltLowndes JordanAuckland

N I G E R I AFunke AgborAdepetun Caxton-Martins Agbor &SegunLagos

Mojisola Jaiye-Gbenle See bioFoundation ChambersLagos

Kashimana Tsumba See bioFoundation ChambersLagos

Mfon Ekong UsoroPaul Usoro & CoLagos

PANAMAMaría de Lourdes MarengoPatton Moreno & AsvatPanama City

Maria Teresa DíazPatton Moreno & AsvatPanama City

P O R T UGA LTeresa Andrade DiasAndrade Dias & AssociadosLisbon

Ana Cristina PimentelAna Cristina Pimentel & AssociadosLisbon

S I N G A PO R EVivian AngAllen & GledhillSingapore


SHIPPING AND MARITIME EXPERT LISTINGS

Magdalene ChewAsiaLegalSingapore

Sue Ann GanNorton Rose FulbrightSingapore

Mei Lin GohWatson Farley & WilliamsSingapore

Huay Yee KwanStephenson HarwoodSingapore

Gina Lee-WanAllen & GledhillSingapore

Maureen Poh See bioHelmsmanSingapore

Corina SongAllen & GledhillSingapore

Hui Tsing TanGurbani & CoSingapore

Wendy TanMorgan Lewis StamfordSingapore

Michelle YongStephenson HarwoodSingapore

T U R K E YDilek Bektasoglu-SanliErçin Bilgin BektasogluIstanbul

Şeyma İnalInal Law OfficeIstanbul

Nazli SelekNSN Law FirmIstanbul

UN I T E DK I N G DOMMaria Borg BarthetCampbell Johnston ClarkLondon

Elizabeth Blackburn QC36 StoneLondon

Maren BrandesWatson Farley & WilliamsLondon

Julie CleggStephenson HarwoodLondon

Elinor DautlichHFWLondon

Sandra Healy7KBWLondon

Lindsey KeebleWatson Farley & WilliamsLondon

Dora Mace-KokotaStephenson HarwoodLondon

Vivienne PitroffHFWLondon

Vasanti Selvaratnam QC See bio36 StoneLondon

Joanna SteeleInceLondon

Jacqueline Zalapa See bioCampbell Johnston ClarkLondon

UN I T E D S TAT E SJeanne M GrassoBlank RomeWashington DC

Barbara HollandCollier Walsh NakazawaSeattle

Margie KrumholzThompson CoburnWashington DC

Lauren B WilgusBlank RomeNew York



S T R U C T U R E D F I N AN C E A N D S E C U R I T I S AT I ON


EXPERT LISTINGS STRUCTURED FINANCE AND SECURITISATION

AU S T R A L I ASonia GoumenisClayton UtzSydney

Anne-Marie NeagleKing & Wood MallesonsMelbourne

Karolina PopicAllen & OverySydney

Jennifer SchlosserAshurstSydney

C ANADARose BaileyTorysToronto

Jo-Anna BrimmerMcCarthy TétraultToronto

Francesca GuoloGoodmansToronto

Elana Hahn Norton Rose FulbrightToronto

Mary Jeanne PhelanMcCarthy TétraultMontréal

F R AN C ESharon LewisHogan LovellsParis/London

Christine Van GallebaertJones DayParis

HONG KONGS A RMary MatsonLinklatersHong Kong

Yvonne SiewAllen & OveryHong Kong

Michelle TaylorTiang & PartnersHong Kong

I R E L A N DNoeleen RuddyWalkersDublin

I TA L YTanja SvetinaClifford ChanceMilan

J A PANEriko OzawaMori Hamada & MatsumotoTokyo

N E T H E R L AN D SMarieke DriessenStibbeAmsterdam

Corinne SchotBaker McKenzieAmsterdam

Michaëla UlriciNautaDutilhAmsterdam

Mariëtte van’t WesteindeLoyens & LoeffAmsterdam

N EW Z E A L AN DDeemple BudhiaRussell McVeaghAuckland

Mei NahMayne WetherellAuckland

S I N G A PO R ERosabel NgWongPartnershipSingapore

TA IWANGrace KuLCS & PartnersTaipei

UN I T E DK I N G DOMSuzanne BellCadwalader Wickersham & TaftLondon

M Tamara BoxReed SmithLondon

Sarah CaldwellReed SmithLondon

Angela ClistAllen & OveryBelfast

Jacky KellyWeil Gotshal & MangesLondon

Rachel KellyAddleshaw GoddardLondon

Theresa KradjianMorgan Lewis & BockiusLondon

Jessica LittlewoodClifford ChanceLondon

Helena NathansonGreenberg TraurigLondon

Lucy OddyAllen & OveryLondon

Sally OnionsAllen & OveryLondon


STRUCTURED FINANCE AND SECURITISATION EXPERT LISTINGS

Ingrid YorkWhite & CaseLondon

Maggie ZhaoClifford ChanceLondon

UN I T E D S TAT E SJanet BarbiereOrrick Herrington & SutcliffeNew York

Giselle M BarthSidley AustinNew York

Claudine A Chen-YoungKatten Muchin RosenmanWashington DC

Sylvie A DurhamGreenberg TraurigNew York

Deborah M FestaAkin Gump Strauss Hauer & FeldLos Angeles/New York

Julie A GillespieMayer BrownChicago

Barbara M GoodsteinMayer BrownNew York

Carol A HitselbergerMayer BrownCharlotte/New York

Ellen L MarksLatham & WatkinsChicago

Deborah NorthAllen & OveryNew York

Donna ParisiShearman & SterlingNew York

Ellen P PeschSidley AustinNew York

Anna T PinedoMayer BrownNew York

Rebecca J SimmonsSullivan & CromwellNew York

Laura SwihartDechertNew York

Yan ZhangDavis Polk & WardwellNew York



TA X

Feature for:

Hong Kong SAR, by Tracy Ho and Karina Wong of EY 198


TAX THOUGHT LEADERSHIP

TA X

Setting the pace for family office inHong Kong

Tracy Ho and Karina Wong EYHong Kong

Now home to more than a quarter of the world’s billionaires, familyoffices are gaining popularity in Asia. The 2016 EY Family OfficeGuide estimated there were at least 10,000 single family offices glob-ally, at least half of which have been established in the last 15 years.With the rapid growth of private wealth in Asian countries, especiallyin Mainland China, wealthy families show increasing interests in set-ting up family office to professionalize their family structure and gov-ernance framework.

Why family office?Depending on the specific family needs, the role and purpose of afamily office may differ. It is important to balance between businessgrowth and family legacy. Primarily, a family office focuses on the management of family as-

sets and personal financial matters. It also serves as a touchstone forfamily’s collective goals, interests, values and heritage. In addition, afamily office can facilitate family business succession across four keydimensions: • Legacy and value• Ownership• Leadership• Transition of wealth Apart from facilitating a smooth intergenerational transfer of

wealth and reducing intrafamily disputes, there are other advantagesof setting up a family office (see table below):

“JUST AS HONG KONGOLYMPIANS ACHIEVED GREAT

SUCCESS, HONG KONG IS READYTO BE A GOLD STANDARD HUB FOR

FAMILY OFFICES IN ASIA”

Privacy and confidentiality Family office is the sole entity that keeps all the information for all family members,covering the entire portfolio of assets, activities, tax and general personal information.

Governance and management structure Family office enables transparent handling of family affairs, ownership and investments.

Alignment of interests Family office aligns interests between the business, advisors and the family.

Potential higher returns Family office enables centralized and professional asset management. This can result inhigher returns or reduced risk from investment activities.

Separation of family enterprise and family assets Family office enables clear distinction between the underlying business and the family’sassets or other holdings.

Risk management Family office enables decisions that are better aligned with the family’s objectives and values.

Centralization of services Family office allows coordinated professional services to the family and its members.

Focal point for the family Family office helps align the family members around areas of common interest, such asphilanthropic activities or jointly held assets of the family.


THOUGHT LEADERSHIP TAX

TA X

Evolution and form of the family officeFamily office can be characterized as a family-owned organizationthat manages private wealth and other family affairs. As family wealthincreases and business needs get more complex, the family office mayevolve from a simple founder’s office into a complex, full-service com-pany; the office could reverse over time as assets change or the familysplits.

Family office’s leading servicesAlthough at the heart of any family office is investment management,a fully developed family office can provide a number of other services,ranging from training and education to ensuring that best practice isfollowed in family governance. The below diagram illustrates a full range of services of a mature

family office in four categories and 12 types of services:

Outsourcing certain services can be beneficial from a cost effi-cient and know-how perspective. However, certain key services areusually kept in-house for confidentiality and independence of fam-ily. Although the make-or-buy decision is subject to the specificsetup of the family office, the best practice is based on the objectivesof obtaining the most effective services in an efficient way andavoiding potential operational risks. It is crucial to obtain the rightbalance between in-house and outsourcing services to meet the fam-ily expectations.

Why setting up a family office in Hong KongHong Kong has the main attributes to serve as an effective hub forfamily offices in Asia. These advantages include:• Hong Kong was ranked the second largest IPO market globally in2020. Financial markets in Hong Kong are well established and so-phisticated, offering a broad spectrum of financial instrumentsand products to accommodate the investment needs of family of-fices. The new regime on limited partnership fund and the tax in-centive for carried interest would further promote the financialservices sector in Hong Kong.

• The proximity of Hong Kong with the Mainland provides an in-vestment gateway into and out of the mainland China. As Chinacontinues to move ahead with financial deregulation and opens itscapital account, leading to diversification of wealth which poten-tially offers lucrative opportunities for the wealth management in-dustry in Hong Kong.

• In 2019, 23% of Ultra-High-Net-Worth families in China werebased in the Greater Bay Area (“GBA”)1. Among the GBA initiatives,the launch of Wealth Management Connect (i.e. a cross-boundarywealth management connect pilot scheme to promote the develop-ment and cross-boundary sales of wealth management productsthrough banks in the region) is expected to further establish HongKong as a prominent offshore renminbi centre and create more in-vestment opportunities for family offices in Hong Kong.

• There are highly skilled professionals in different sectors, such aslegal, accounting, treasury, and asset management. Bilingual andmulticultural environment helps to attract talents from across theworld to support family office operations.


TAX THOUGHT LEADERSHIP

TA X

• Hong Kong has a stable legal system with all the fundamentalstrengths such as independent judiciary, the rule of law and freeflow of information and capital that strengthens Hong Kong’s po-sition as a business destination and enhances its attractiveness ofoperating family office businesses.

• Hong Kong has no specific licensing regime for family offices unlessit carries on a business in a regulated activity. In general, a singlefamily office will not be required to obtain a license because it willonly be providing asset management services to related entities andtherefore qualifying the intra group carve out licensing exemption. In September 2020, the Securities and Futures Commission of

Hong Kong (“SFC”) issued the licensing guidelines for family offices: 1. A genuine single family office arrangement, established to serve

the investment needs of members of a single family, which isnot receiving any income or does not have a profit making ob-jective, should not be considered as carrying on a businessfrom a licensing perspective;

2. The sharing of office premises and administrative infrastruc-ture by two or more family offices would not by itself automat-ically trigger a licensing obligation for such single familyoffices.

3. However, if two or more single family offices make arrange-ments for the sharing of human resources involved in invest-ment related matters, research or the investment process, thismay be regarded as a multi-family office structure, thus in-creasing the likelihood of a licensing obligation.

• The Hong Kong SAR government is supportive the establishmentof family offices. In the 2021/22 Budget, the Financial Secretary an-nounced that InvestHK2 and regulators will offer one-stop supportservices to family offices interested in establishing a presence inHong Kong. The government is also committed to reviewing therelevant tax arrangements to enhance Hong Kong’s attractivenessas a hub for family offices.

• Under Hong Kong’s simple tax system, our taxation is based on asource concept. The profits tax rate is 16.5% for corporations whilethe two-tiered profits tax rates regime reduces the profits tax rate to8.25% for the first $2 million assessable profits. Hong Kong has noGST, no tax on capital gains and dividend income. Besides, recentchanges to tax legislations on the Unified Fund Exemption regime andcarried interest tax concessions provide a more tax friendly frameworkfor the funds and asset management industry in Hong Kong, and alsohelp promote Hong Kong as an attractive platform for family offices.Today, private family capital is estimated to be larger than private

equity and venture capital combined. This concentration of familywealth is fueling the growth of family offices across Asia and just asHong Kong athletes made history at the recent Tokyo OlympicGames, Hong Kong is well positioned to be a ‘gold’ standard hub forfamily offices.

Disclaimer: The views reflected in this article are the views of the authorsand do not necessarily reflect the views of the global EY organization orits member firms.

1 FOTILE-Hurun Wealth Report 20202 https://www.familyoffices.hk


ATTORNEY BIOGRAPHIES TAX

Tracy has been a tax partner for over 15 years and is responsible for thetax advisory services to several high-profile accounts and clients in theGreater China Tax practice. Tracy has also recently taken onresponsibility for Learning and Development across the Business TaxServices (“BTS”) practice globally, alongside her client servingresponsibilities. Prior to 2021, Tracy’s senior leadership roles haveincluded the Asia Pacific BTS Leader position for 3 years, and beforethat, the Tax Managing Partner of EY in Hong Kong and Macau forover 6 years.

Tracy has been voted as one of the “leading tax advisers” in Hong Kongby the Legal Media Group Guide to the World’s Leading Tax Advisersin each edition since 2007. She regularly contributes articles andpresents tax seminars on the latest tax development and changes.

Tracy is a senior partner experienced in providing tax consultingadvice for conglomerates which are active in inbound and outboundinvestment activities. During the past 2 years, she has led EY Tax teammembers in several transactions ranging into the tens of billion US$ intransaction value.

Tracy is based in Hong Kong and works closely with partners of EYmember firms around the globe in advising on clients’ merger andacquisition activities, cross border supply chains and distributionmodels. Her roles on these significant engagements include direct taxplanning, identifying tax exposure and in particular, advising on andanticipating the information possibly requested by the Hong Kong taxauthorities (“IRD”) and assistance in explaining to them the businessmodels and transactions in question.

Tracy is often approached for advice on seeking agreement with theIRD on transactions with significant tax implications. Examplesinclude – a refund claim on past withholding tax paid of over US$60M,a deduction claim on approximately US$200M of payments to groupcompanies operating outside Hong Kong, etc.

Tracy HoEY27/F, One Taikoo Place979 King’s RoadQuarry BayHong KongTel: (852) 2846 9065Email: [email protected]: www.ey.com/en_cn

HONG KONG S A R

ExperienceBecky has over 35 years of professional tax consultation experience incross-border inbound and outbound investments, IPOs, M & A,restructurings, tax treaty applications, resolving disputes andadministrative review for multinational corporations, in variousindustries, including:

• Commercialization of state owned companies, consumer products,energy, financial services, government, hospitality, oil and gas –upstream & downstream, pharmaceutical, professional services,technology, telecommunications.

Current research focus:

• Tax Regime Competitiveness Studies• BEPS 2.0 – Telecom & Network operators, government• Tax incentives studies, Tax policy, FDI & economic growth• Tax Treaty Interpretations and defend• Expediting Dispute Resolutions• Digitalization of Tax Administration • Taxation of Trust• Taxation of Digital Economy• Tax Policies on Transfer of Immovable Properties

Professional qualificationsMember of:

• Institute of the Hong Kong Certified Public Accountants• Institute of the Chartered Professional Accountants, Ontario,Canada

• The American Institute of Certified Public Accountants• CGMA • Fellow, Taxation Institute of Hong Kong• Certified Tax Advisor, Hong Kong

Education • B. Com (summa cum laude) St. Mary’s University, Canada • MBA The University of Western Ontario, Canada• China Executive Program – Harvard Business School -2005• China Senior Executive Renewal Program – Harvard BusinessSchool – December 2017, March & April 2018

• CompTax – Harvard Kennedy School – August 2018• Leading Economic Growth – Harvard Kennedy School – May 2019

Becky LaiEY27/F, One Taikoo Place979 King’s RoadQuarry BayHong KongTel: (852) 2629 3188Email: [email protected]: www.ey.com

HONG KONG S A R


TAX ATTORNEY BIOGRAPHIES

Expertise Catherine Galvin practises corporate tax and advises oninward investment, cross border tax planning and transfer pricingissues. She advises many of the leading international corporationsdoing business in and from Ireland.

Catherine is a member of the Institute of Chartered Accountants inIreland. She is the Irish panel member for BNAI’s Transfer PricingForum. Catherine is the co-author of the Irish chapter for theInternational Bureau of Fiscal Documentation’s (IBFD) publicationThe Tax Treatment of Transfer Pricing. She has also written on transferpricing issues for Transfer Pricing Review and for IBFD’s InternationalTransfer Pricing Journal.

Catherine has written on tax issues for the Irish Tax Review, theInternational Tax Review and other publications and has lectured oninternational tax issues.

Experience Highlights Catherine has advised:

• a leading multinational on the Irish taxation implications of itsglobal reorganisation

• a US Fortune 50 company in the life-sciences sector on the mostappropriate structure for its Irish operation

• on the first transfer pricing Competent Authority application inIreland and the first Advance Pricing Agreement in Ireland

• and negotiated a number of transfer pricing settlements with theIrish Revenue Commissioners and foreign tax authorities

• advising on the implications of the introduction of transfer pricinglegislation in Ireland

Catherine Galvin Matheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2267Email: [email protected]: www.matheson.com

I R E L A N D

Catherine is a partner in the tax department at Matheson. Catherinehas significant experience advising multinational corporations doingbusiness in Ireland on Irish corporate tax.

Catherine primarily advises multinationals on the Irish tax aspects oftheir operations including tax effective structuring of globalreorganisations, IP ownership, inward investment projects and cashrepatriation strategies. Catherine has a particular interest in advisingon domestic and cross border tax disputes on transfer pricing matters,including Irish audits, mutual agreement procedure requests,correlative relief claims, advance pricing agreements and advising onthe application of EU State aid principles in the context of Irishtaxation matters.

Catherine’s clients include many of the leading multinationalcorporations established in Ireland, primarily in the pharmaceutical,healthcare, ICT and consumer brand sector.

Catherine has published articles in leading tax journals, is co-authoron the Ireland section of the Bloomberg BNA TP Forum and is co-author of the Ireland chapter of the International Fiscal AssociationCahiers on Cross Border Business Restructuring.

Catherine is a Chartered Tax Advisor and a member of the Law Societyof Ireland. Catherine is currently Chairperson of the InternationalFiscal Association – Irish branch.

Experience HighlightsCatherine has experience:

• Advising leading multinationals on the Irish tax aspects of theiroperations including tax effective structuring of globalreorganisations, IP ownership, supply chain planning and cashrepatriation strategies.

• Advising on transfer pricing aspect queries and audits by the IrishRevenue Commissioners.

• Advising on obtaining relief from double taxation on transferpricing adjustments, including correlative relief claims, mutualagreement procedure requests and advance pricing agreements.

• Advising on the application of the Irish transfer pricing regime.• Advising on the application of EU State aid principles in the contextof Irish taxation matters.

• Advising companies on their establishment in Ireland.• Advising on Irish stamp duty aspects of corporate restructuringsand corporate transactions.

Catherine O’MearaMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2106Email: [email protected]: www.matheson.com

I R E L A N D



Helena Robertsson is a Senior Partner with 29 years of experience inserving as a trusted Tax advisor for companies and individuals acrossthe Nordics and around the world. Helena is a member of Global EYPrivate team where she successfully combines the roles of the GlobalFamily Enterprise Services Leader and the Private Services Leader inthe Nordics. Between 2017 and 2019 Helena was responsible for EYPrivate Tax practice in Europe, Middle East, India and Africa. She alsoled the Family Enterprise team in the Nordics and the Tax practice inStockholm. Her passion is helping entrepreneurial families designlong-term strategies and implement the right tools, skills and trainingto succeed from generation to generation.

Helena uses her broad expertise in national and international taxationto help her clients resolve complex issues related to capital gainstaxation, global mobility, compensation and benefit planning, taxreturn compliance, transfer pricing, international corporate tax, andother matters. She served as Lead Partner in various engagements withsome of the largest family offices, private equity companies, privateequity partners, high-net-worth individuals, and private companies inthe Nordics.

Helena holds an MSc in Business Administration and Tax Law fromStockholm University. She is a certified tax adviser and the Chair of theStockholm University Center for Commercial Law. She also serves as aboard member of the Swedish-American Chamber of Commerce inNew York.

Helena is a frequent speaker at tax conferences and tax educationseminars in Sweden, and regularly comments on tax matters in themedia.

Helena RobertssonEYHamngatan 26Stockholm box 7850, 111 47SwedenTel: (46) 8 520 590 00Email: [email protected] Website: www.ey.com

SW E D E N

With over 35 years of experience, Kim Marie Boylan heads White &Case’s tax controversy practice and, until recently, was the Head ofWhite & Case’s Global Tax Practice – a position she held for nearlyseven years. Kim also is Chair of the Firm’s Global MDR Committee,which advises the Firm and clients on mandatory disclosure regimerequirements such as DAC6 in the EU and UK and Mexico’smandatory disclosure regime. She is a recognized expert in taxcontroversy and transfer pricing, having won many awards in bothareas and long being recognized in Expert Guides.

Kim is a trusted advisor to a broad spectrum of clients including majorcorporations, partnerships and other pass-through entities, and highnet worth individuals. Clients turn to her for representation onsophisticated domestic and international tax disputes. The vastmajority of Kim’s cases are never made public because of her success inresolving matters at the administrative level. On civil matters, sheworks closely with clients throughout the audit process and thenthrough the IRS Appeals, fast track, mediation, and other alternativedispute resolution processes. Kim’s practice also encompasses transferpricing, as well as the Advance Pricing Agreement and competentauthority processes, an area of practice that is greatly enhanced by hercredentials as a Certified Public Accountant. If a case cannot beresolved administratively, clients rely on her significant tax litigationexperience. Unlike many tax litigators, Kim is skilled at handling casesin all three potential tax litigation forums – the United States TaxCourt, the United States Court of Federal Claims, and the variousUnited States district courts. Clients know that her development of acase at the administrative level always takes into account possiblelitigation and her cases are managed with that possibility in mind. Shehas also testified on clients’ behalf before the United States TreasuryDepartment, Internal Revenue Service, and the Financial AccountingStandards Board.

While her practice focuses mainly on civil tax matters, Kim has alsosuccessfully represented numerous corporate and individual clients inconnection with criminal tax matters. Kim has extensive experienceresolving issues through the Internal Revenue Service’s variousvoluntary disclosure programs and the Department of Justice’sProgram for Swiss Banks. She continues to advise banks andindividuals in follow-up investigations that have stemmed from theSwiss Bank Program in the United States as well as in various othercountries.

Kim also is an expert in the area of privilege and work productprotection, particularly in the context of global tax matters. She oftenadvise companies on these important issues both in the context oftransactions as well as in disputes. She is a frequent speaker on thesetopics and has written the leading treatise on these issues.

Kim Marie BoylanWhite & Case LLP701 Thirteenth Street, NWWashington, DC 20005-3807USTel: (1) 202 626 3685Email: [email protected]: www.whitecase.com



TAX ATTORNEY BIOGRAPHIES

Tijana J Dvornic is a partner in Wachtell, Lipton, Rosen & Katz’s TaxDepartment.

Ms Dvornic focuses on tax aspects of US and cross-border mergers andacquisitions, spin-offs and other dispositions, leveraged buy-outs, jointventures and financing transactions. Law360 has recognized Tijana asone of the country’s five top tax lawyers under 40.

Ms Dvornic received a B.B.A. with highest distinction from theUniversity of Michigan. Ms Dvornic completed a J.D. magna cum laudefrom Harvard Law School, where she was the articles editor for theHarvard Civil Rights-Civil Liberties Law Review. Following law school,she was a law clerk to the Honorable Judge Priscilla R. Owen in theUnited States Court of Appeals for the Fifth Circuit. Ms Dvornicreceived an LL.M. in taxation from New York University School of Lawin 2016 and was awarded the David H. Moses Memorial Prize.

Ms Dvornic is a member of the Executive Committee of the TaxSection of the New York State Bar Association and a member of the TaxSection of the American Bar Association.

Tijana J DvornicWachtell, Lipton, Rosen & Katz51 West 52nd StreetNew York 10019USTel: (1) 212 403 1074Email: [email protected]: www.wlrk.com


Deborah L Paul is a partner in the Tax Department at Wachtell, Lipton,Rosen & Katz where she focuses on the tax aspects of corporatetransactions, including mergers and acquisitions, joint ventures,spinoffs and financial instruments. Ms Paul has been the principal taxlawyer on numerous domestic and cross-border transactions,including strategic acquisitions and private equity buyouts, in a widearray of industries, including telecommunications, oil and gas, food,defense and energy. Ms Paul is a frequent speaker at Practising LawInstitute, American Bar Association, New York State Bar Associationand New York City Bar Association conferences on tax aspects ofmergers and acquisitions and related topics. She is rated a leading taxlawyer by Chambers USA, Super Lawyers, the Legal 500 and Who’s WhoLegal. She was elected partner in 2000.

Ms Paul is an active member of the Executive Committee of the TaxSection of the New York State Bar Association. Prior to joiningWachtell Lipton in 1997, Ms Paul was an assistant professor at theBenjamin N. Cardozo School of Law (1995-1997) and an actingassistant professor at New York University School of Law (1994-1995).

Ms Paul received an A.B. from Harvard University in 1986, a J.D. fromHarvard Law School in 1989 and an LL.M. in taxation from New YorkUniversity School of Law in 1994.

Deborah L PaulWachtell, Lipton, Rosen & Katz51 West 52nd StreetNew York 10019USTel: (1) 212 403 1300Email: [email protected]: www.wlrk.com




Jodi J Schwartz focuses on the tax aspects of corporate transactions,including mergers and acquisitions, joint ventures, spin-offs andfinancial instruments. Ms Schwartz has been the principal tax lawyeron numerous domestic and cross-border transactions in a wide rangeof industries. She was elected partner in 1990.

Ms Schwartz received her B.S. in Economics magna cum laude fromthe University of Pennsylvania in 1981, her M.B.A. from the Universityof Pennsylvania (Wharton School) in 1984, her J.D. magna cum laudefrom the University of Pennsylvania Law School in 1984 and her LL.M.in taxation from the New York University Law School in 1987.

Ms Schwartz is recognized as one of the world’s leading lawyers in thefield of taxation, including being selected by Chambers Global Guide tothe World’s Leading Lawyers, Chambers USA Guide to America’s LeadingLawyers for Business, International Who’s Who of Business Lawyers andas a tax expert by Euromoney Institutional Investor Expert Guides. Inaddition, she is a member of the Executive Committee and past chairof the Tax Section of the New York State Bar Association and also is amember of the American College of Tax Counsel.

Ms Schwartz serves as an officer of both the UJA-Federation of NY andthe Jewish Federations of North America, serves as a member of theboard of Steep Rock Association and serves on the Board of Overseersof the University of Pennsylvania Law School. Ms Schwartz lives inManhattan with her husband, son and daughter.

Jodi J SchwartzWachtell, Lipton, Rosen & Katz51 West 52nd StreetNew York 10019USTel: (1) 212 403 1212Email: [email protected]: www.wlrk.com



TAX EXPERT LISTINGS

A RG EN T I N AMaría Inés BrandtMarval O’Farrell MairalBuenos Aires

AU S T R A L I AVivian ChangAshurstSydney

Joanne DunnePwCMelbourne

Betsy-Ann HoweK&L GatesSydney

Kirsty KeatingEYAustralia

Carmen McElwainMinterEllisonMelbourne

Barbara PhairAshurstSydney

Elissa RomaninMinterEllisonMelbourne

Angela WoodKPMGMelbourne

B R A Z I LAndrea Bazzo LaulettaMattos FilhoSão Paulo

Cristina Arantes A BerryDeloitte BrazilSão Paulo

Isabel A BertolettiMachado AssociadosSão Paulo

Isabel BuenoMattos FilhoSão Paulo

Vivian CasanovaBarbosa Müssnich AragãoRio de Janeiro

Marienne CoutinhoKPMGSão Paulo

Renata EmeryStocche ForbesRio de Janeiro

Alessandra GomensoroMattos FilhoRio de Janeiro

Karem Jureidini DiasRivitti e Dias AdvogadosSão Paulo

Glaucia M Lauletta FrascinoMattos FilhoSão Paulo

Simone Dias MusaTrench Rossi WatanabeSão Paulo

Raquel NovaisMachado Meyer AdvogadosSão Paulo

Luciana Rosanova GalhardoPinheiro Neto AdvogadosSão Paulo

Angélica SantosCGM AdvogadosSão Paulo

Lucilene Silva PradoDerraik & MenezesSão Paulo

Erika Yumi TukiamaChiarottino e Nicoletti AdvogadosSão Paulo

Ana Cláudia UtumiUtumi AdvogadosSão Paulo

Daniella ZagariMachado Meyer AdvogadosSão Paulo

C AM BOD I AJean LoiVDB LoiYangon

C ANADAMonica BiringerOsler Hoskin & HarcourtToronto

Amanda HealeOsler Hoskin & HarcourtToronto

Martha MacDonaldTorysToronto

Gabrielle RichardsMcCarthy TétraultToronto

Carrie SmitGoodmansToronto

Louise R SummerhillAird & BerlisToronto

Barbara WorndlAird & BerlisToronto

C H I L EMaría Teresa Cremaschi MoureMB AbogadosSantiago

Alicia DomínguezEYSantiago

Jessica PowerCareySantiago

C H I N AMin GuoGide Loyrette NouelBeijing

Wendy GuoPwCBeijing

Vivian JiangDeloitte ChinaShanghai


EXPERT LISTINGS TAX

Nancy LaiBaker McKenzieShanghai

Jean LiEYShenzhen

Vicky WangDeloitte ChinaShanghai

Pauline ZhangDeloitte ChinaBeijing

CO L OM B I ACarolina Bobillier CeballosGómez-Pinzón AbogadosBogotá

Catalina Hoyos JiménezGodoy & HoyosBogotá

Carolina RozoPhilippi Prietocarrizosa Ferrero DU &UríaBogotá

CO S TA R I C ACarolina FloresAriasSan José

C Z E C HR E P U B L I CJana AlferyAlferyPrague

Helena NavratilovaKocián Šolc BalaštíkPrague

F I N L AN DSari LaaksonenCastrén & SnellmanHelsinki

F R AN C EClaire AcardEY Société d’AvocatsParis

Sophie Blégent-DelapilleTajParis

Laurence ClotBird & Bird AARPIParis

Sabina ComisDechertParis

Christine DaricBryan Cave Leighton PaisnerParis

Agnès de l’Estoile-CampiCMS Francis Lefebvre AvocatsParis

Nadine GelliKirkland & EllisParis

Sandra HazanDentonsParis

Anne-Sophie KerfantOrrick Rambaud MartelParis

Véronique MillischerBaker McKenzieParis

Emmanuelle Pontnau-FaureAshurstParis

Olivia Rauch-RaviséLatham & WatkinsParis

G E RMAN YStefanie BeinertHengeler MuellerStuttgart

Petra EcklGSK Stockmann + KollegenFrankfurt am Main

Nicole LooksBaker McKenzieFrankfurt am Main

G R E E C EMartha PapasotiriouAndersen GreeceAthens

HONG KONGS A RAgnes ChanEYHong Kong

Sarah ChinDeloitte ChinaHong Kong

Tracy Ho See bioEYHong Kong

Becky Lai See bioEYHong Kong

Ayesha LauKPMGHong Kong

Amy LingBaker McKenzieHong Kong

Grace TangEYHong Kong

I N D I ABijal AjinkyaKhaitan & CoMumbai

Shefali GoradiaDeloitte IndiaMumbai

I R E L A N DAisling BurkeWalkersDublin


TAX EXPERT LISTINGS

Caroline DevlinArthur CoxDublin

Maura DineenDLA PiperDublin

Ailish FinnertyArthur CoxDublin

Catherine Galvin See bioMathesonDublin

Sonya ManzorWilliam FryDublin

Catherine O’Meara See bioMathesonDublin

Anna ScallyKPMGDublin

I TA L YBernadette AcciliOrrick Herrington & SutcliffeMilan

Maria Antonietta BiscozziEYMilan

Maricla PennesiAndersenMilan

Vania PetrellaCleary Gottlieb Steen & HamiltonRome

Livia SalviniSalvini e SociRome

J A PANMakiko KawamuraEY TaxTokyo

MA L AY S I AYvonne BehWong & PartnersKuala Lumpur

Adeline WongWong & PartnersKuala Lumpur

Irene YongShearn Delamore & CoHong Kong

MA L TAJuanita BrockdorffKPMGPieta

M E X I C ORoxana M Gómez-OrtaBaker McKenzieMonterrey

Rosario Huet CovarrubiasRamírez Gutiérrez-Azpe Rodríguez-Rivero y HurtadoMexico City

N E T H E R L AN D SMarieke BakkerLoyens & LoeffRotterdam

Mounia BenabdallahBaker McKenzieAmsterdam/New York

Juliana DantasBaker McKenzieAmsterdam

Marja de BestLoyens & LoeffRotterdam

Margriet LukkienLoyens & LoeffAmsterdam

NO RWAYBettina BanounWiersholmOslo

Tonje Christin NorrvallKPMG LawOslo

P E R UMilagros Bustillos PintoHernández & CíaLima

Rocío LiuDamma Legal AdvisorsLima

Silvia Muñoz SalgadoGalvez & DolorierLima

Marilú PedrazaRubio Leguía NormandLima

P H I L I P P I N E SBenedicta Du-BaladadDu-Baladad and Associates (BDB Law)Manila

Maria Lourdes P LimPwCManila

Euney Marie J Mata-PerezMata-Perez & FranciscoManila

Priscilla B ValerRomulo Mabanta Buenaventura Sayoc &de los AngelesManila

Ruby Rose J YusiACCRALAWManila

P O L AN DKarina Furga-DabrowskaDentonsWarsaw


EXPERT LISTINGS TAX

Karolina StawowskaWolf TheissWarsaw

Dorota SzubielskaRadzikowski Szubielska i WspólnicyWarsaw

P O R T UGA LCatarina BelimBelim - Legal ServicesLisbon

Serena Cabrita NetoPLMJLisbon

ROMAN I AAngela RoscaTaxhouseBucharest

R U S S I AValentina AkimovaPepeliaev GroupMoscow

Irina DmitrievaWhite & CaseMoscow

Anna ZverevaDentonsMoscow

S I N G A PO R EEvelyn LimBDOSingapore

Ken Loon OngDrew & NapierSingapore

Siew Moon SimEYSingapore

S O U T H A F R I C AAnne BennettWebber WentzelJohannesburg

Doelie LessingWerksmans AttorneysStellenbosch

S O U T H K O R E AIl Young ChoBae Kim & LeeSeoul

S PA I NMaría Antonia AzpeitiaBaker McKenzieMadrid

Iratxe CelayaUría MenéndezBilbao

Natalia Pastor CaballeroKPMGMadrid

Silvia PaternainFreshfields Bruckhaus DeringerMadrid

Sonia VelascoCuatrecasasBarcelona

SW E D E NKarin AttorpsEYStockholm

Sara BolmstrandDeloitte SwedenStockholm

Helena Robertsson See bioEYStockholm

Tina ZetterlundKPMGStockholm

SW I T Z E R L A N DMaja Bauer-BalmelliTax Advisors & AssociatesZurich

Stephanie EichenbergerTax Partner AGZurich

Daniela SchmuckiNiederer Kraft FreyZurich

Susanne SchreiberBär & KarrerZurich

TA IWANYe-Hsin LinDeloitte TaiwanTaipei

Josephine PengLee and LiTaipei

U K R A I N EYevgeniya DerbalKonnov & SozanovskyKyiv

UN I T E D A R A BEM I R AT E SAnbreen KhanDeloitte Middle EastDubai

UN I T E DK I N G DOMJan BirtwellO’Melveny & MyersLondon

Helen BuchananFreshfields Bruckhaus DeringerLondon

Lydia ChallenAllen & OveryLondon


TAX EXPERT LISTINGS

Brenda A ColemanRopes & GrayLondon

Liesl FichardtQuinn Emanuel Urquhart & SullivanLondon

Melissa GeigerKPMGLondon

Karen HughesHogan LovellsLondon

Helen LethabyLatham & WatkinsLondon

Kathleen RussTravers SmithLondon

Nicola Shaw QCGray’s Inn Tax ChambersLondon

Lynne WalkingtonLinklatersLondon

UN I T E D S TAT E SWendy AbkinMorgan Lewis & BockiusSan Francisco

Lauren AngelilliCravath Swaine & MooreNew York

Joan C ArnoldTroutman PepperPhiladelphia

Layla J AsaliMiller & Chevalier CharteredWashington DC

Mary C BennettBaker McKenzieWashington DC

Kimberly S BlanchardWeil Gotshal & MangesNew York

Kim Marie Boylan See bioWhite & CaseWashington DC

Karen E CederothDeloitte Tax LLPChicago

Diana S DoyleLatham & WatkinsChicago

Tijana J Dvornic See bioWachtell Lipton Rosen & KatzNew York

Lucy W FarrDavis Polk & WardwellNew York

G Michelle FerreiraGreenberg TraurigSan Francisco

Miriam L FisherLatham & WatkinsWashington DC

Dominique (Monique) GallegoSidley AustinNew York

Marcy G GellerSimpson Thacher & BartlettNew York

Jessica A HoughSkadden Arps Slate Meagher & FlomWashington DC

Michelle M JewettStroock & Stroock & LavanNew York

Barbara T KaplanGreenberg TraurigNew York

Sharon D Katz-PearlmanKPMGNew York

Natalie Hoyer KellerKirkland & EllisChicago

Kathy KeneallyJones DayNew York

Ginny Buckner KisslingRyanDallas

Andrea S KramerMcDermott Will & EmeryChicago

Emily M LamSkadden Arps Slate Meagher & FlomPalo Alto

Erika G LitvakGreenberg TraurigMiami

Enrica MaMcDermott Will & EmeryWashington DC

Jane Wells MayMcDermott Will & EmeryChicago

Jennifer MolnarBaker McKenzieWashington DC

Larissa B NeumannFenwick & WestMountain View

Kathleen PakenhamCooleyNew York

Deborah L Paul See bioWachtell Lipton Rosen & KatzNew York

Jean A PawlowLatham & WatkinsWashington DC

Carley A RobertsPillsbury Winthrop Shaw PittmanSacramento

Leah RobinsonMayer BrownNew York

Jodi J Schwartz See bioWachtell Lipton Rosen & KatzNew York

Gretchen T SierraDeloitte Tax LLPWashington DC

Christine Agnew SloanBaker McKenzieWashington DC

Karen G SowellEYWashington DC

Linda Z SwartzCadwalader Wickersham & TaftNew York


EXPERT LISTINGS TAX

Maria M TodorovaEversheds SutherlandAtlanta

Julia Ushakova-SteinFenwick & WestMountain View

Mary F VoceGreenberg TraurigNew York

U R UGUAYIsabel LaventureFerrereMontevideo

V E N E Z U E L AElvira Dupouy MendozaRodríguez & MendozaCaracas



T ECHNOLOGY, MED IA AND T E L ECOMMUN ICAT IONS


ATTORNEY BIOGRAPHIES TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS

Ruth Hunter is a partner in the Finance and Capital MarketsDepartment. She focuses on the area of film and television productionincluding the negotiation and drafting of financing agreements,distribution agreements, equity and tax based financing arrangements(including Section 481 tax credit financing), talent agreements(including film rights agreements), writers agreements, actors,directors, designers and composers agreements. She also providesadvice in relation to errors and omissions, insurance and musiccopyright clearance as well as theatre and public performancecontracts, music contracts and general intellectual property issuesincluding trademarks.

Ruth also works with banks in relation to financing arrangements forfilm and television.

Ruth works with Screen Producers Ireland (the film producersrepresentative organisation in Ireland) and is a member of theAudiovisual Federation and the Irish Business and EmployersConfederation (IBEC).

Experience HighlightsRecent Films Ruth has worked on include:

• “Once” starring Glen Hansard (Won Oscar for Best Original Song“Falling Slowly”).

• “The Guard” starring Brendan Gleeson (Nominated for a GoldenGlobe).

• “Albert Nobbs” starring Glenn Close (Nominated for an Oscar).• “Breakfast on Pluto” starring Cillian Murphy (Nominated for aGolden Globe).

• “Brendan Secret of Kells” (Animation Feature Film Nominated foran Oscar).

• “Brooklyn” starring Saoirse Ronan.• “Song of the Sea” (Animation Feature Film Nominated for anOscar).

• “Sing Street” directed by John Carney (picked up by The WeinsteinCompany as US distributor. John Carney directed “Once” whichwon an Academy Award for Best Original Song).

• “Love and Friendship” latest Whit Stillman film starring KateBeckinsale, Chloë Sevigny and Xavier Samuel.

• Pilgrimage which shot in Ireland in spring 2015 starring TomHolland (recently selected to play Spiderman), Richard Armitageand Jon Bernthal.

Ruth HunterMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2228Email: [email protected]: www.matheson.com

I R E L A N D

Anne-Marie Bohan has over 20 years’ experience in technology relatedlegal matters, and is Head of Matheson’s Technology and InnovationGroup and a member of our Asset Management and Investment FundsGroup. Anne-Marie brings together significant practical experience inadvising on technology and privacy legal issues with industry knowledgeand an understanding of applicable regulatory rules and regulatoryrequirements. She advises on all aspects of technology and e-commercelaw, as well as outsourcings and contracted services, with particular focuson the requirements of financial institutions and financial servicesproviders in these areas.

Anne-Marie has extensive experience in drafting and negotiatingcontracts for the development, sale, purchase and licensing of hardware,software and IT systems for both suppliers and users of IT within thefinancial services industry and across a broad range of other industries.She has also acted in some of the largest value and most complex IT andtelecommunications systems and services outsourcing contracts,including advising on a number of the largest and highest value financialservices outsourcings in Ireland.

Anne-Marie’s practice includes advising a broad range of clients on dataprotection, privacy issues and cybersecurity issues, including employeedata protection issues, data subject access requests and security breachincidents.

Anne-Marie has lectured on IT, data protection and financial services inthe Law Society of Ireland, the National University of Ireland Maynooth,and more broadly. She is author of the Ireland chapter in OutsourcingContracts – a Practical Guide (Lewis, Fourth Ed, 2012) and is co-authorof the Irish chapters in PLC’s Outsourcing Guide, Getting the DealThrough’s Data Protection Guide, the International Comparative LegalGuide on Data Protection, and most recently, Getting the Deal Through’snew FinTech Guide. Anne-Marie is also a member of Irish FundsFinTech working group.

Experience Highlights• In relation to IT and BPO outsourcings for financial services andcorporate clients, both intra-group and on a third party basis.

• On the outsourcing regulatory requirements and contractual issuesfor fund administration and depositary companies.

• On the Investor Money Regulations.• A major multinational IT services company on the outsourcing of itby one of Ireland’s largest financial institutions of its IT infrastructureservices.

• On a significant smart money card product, including in relation tothe underlying technology contracts

• A major credit institution the establishment, structuring of andcontracts for electronic wallet and electronic money products and theapplication of the E-Money Directive and E-Money Regulations,including anti-money laundering, passporting, distance selling, unfaircontract terms and data protection issues.

Anne-Marie Bohan Matheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2212Email: [email protected]: www.matheson.com

I R E L A N D


TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS ATTORNEY BIOGRAPHIES

Arlene Arin Hahn is a partner in the Technology Transactions Practice,within White & Case’s Global M&A Group and Global IntellectualProperty (IP) Group. Arlene also serves as the Chair of the White &Case’s Global Diversity Committee, Co-Chair of the New York Women’sInitiative, and a member of the Firm’s Global Women’s Initiative.

Arlene represents clients in a variety of IP and technology mattersranging from technology licensing and other standalone technologytransactions to the IP aspects of private equity, M&A and corporatetransactions as well as restructurings and workouts.

Arlene has advised on hundreds of consummated transactions, rangingfrom formative license agreements and joint development agreementsto initial start-up investments and whole business securitizations tosome of the largest M&A deals in their respective industries. Sherepresents strategic and financial clients in a broad range of industries,including software, cloud/SAAS, AI/ML, semiconductors, consumerproducts, industrial products, retail, media, digital healthcare, andtelecommunications.

Arlene has extensive experience with stand-alone IP matters, includingpatent licensing, technology transfer, joint ventures and strategicalliances, joint development, software licensing, outsourcing, contentlicensing, trademark coexistence, and merchandising and brandlicensing, as well as settlement of IP disputes. Arlene also regularlyoversees significant IP and commercial due diligence investigations inthe context of analyzing complex commercial or technical aspects ofcorporate transactions.

Prior to focusing on transactional work, Arlene also litigated a varietyof intellectual property disputes, including patent infringement,trademark and copyright infringement, counterfeiting, unfaircompetition and trade secret misappropriation.

From January 2006 to April 2007, Arlene lived in Osaka, Japan whereshe was seconded to work as in-house counsel to major internationalconglomerate.

Arlene has appeared as a featured guest on Bloomberg TV and is amember of Law360’s 2019 Advisory Board for Intellectual Property.Arlene has been recognized by numerous publications, includingIntellectual Asset Management (IAM) Patent 1000, Legal 500, andEuromoney. She is an Advisory Board Member to NYU School of Law’sGrunin Center for Law and Social Entrepreneurship and Co-contributing editor of author for “Technology M&A”, Lexology/Gettingthe Deal Through, 2018-2020.

Arlene received her B.S. in Biology from MIT and her J.D. from NYUSchool of Law (Associate Editor, NYU Law Review).

Arlene Arin Hahn White & Case LLP1221 Avenue of the AmericasNew York 10020-1095USTel: (1) 212 819 8506Email: [email protected]: www.whitecase.com


Deirdre Kilroy is a partner in the Technology and Innovation team and isHead of Intellectual Property. Deirdre specialises in intellectual property,technology and data privacy law. She has over 20 years’ experience inthese areas. Prior to joining Matheson she spent over 12 years as Head ofTechnology & Intellectual Property with a leading Irish law firm.

Many of the commercial contracts that Deirdre has worked on arecomplex, and she is proactive in helping clients model their agreementsand strategic positions. She has experience with large outsourcingprojects, technology supply agreements and patent licences, particularlyfor clients in the life sciences, pharma, data and technology sectors. Muchof her work involves advising businesses how to model and concludecontracts, including distribution, supply, services and sales agencyarrangements. She works closely with our taxation department oninternational projects involving significant IP and technology assets.Deirdre also advises on confidentiality, trade secrets, advertising,ecommerce and consumer protection.

Deirdre assists brand owners to proactively protect and enforce theirtrade marks and designs in Ireland, Europe and globally. From brand /design creation and pre-registration advice through to searching, filing,enforcement, anti-counterfeiting and commercialisation, her clientsbenefit from her extensive experience. Her practice focuses on theprotection, acquisition and commercial exploitation of intangible assetsincluding through licensing, franchising, collaboration, research,sponsorship and disposals.

Deirdre advises Matheson’s clients on all aspects of privacy and dataprotection laws including international transfers, policies, audits and theGDPR. She frequently supports clients with retail, online, outsourcing,litigation, M&A and employment needs, helping them navigate theapplication of data protection laws to their businesses and relationships.Clients with cybersecurity issues and data breach issues regularly seek heradvice and services.

For over 16 years Deirdre has also advised international and largenational entities on gaming, gambling and lotteries activities in Ireland,online, physical and remotely delivered. Not only does she understand therecent licensing regime applicable to remote operators, but alsoappreciates how the legislation dating from the 1930s and 1950s appliesto todays’ bookmakers, other operators, affiliates and service providers.Clients value her pragmatic approach.

Deirdre is acknowledged by many independent directories as an expert inher field. She regularly lectures in Ireland and internationally, including atthe Law Society of Ireland, and contributes to relevant publications. Sheis a member of the Intellectual Property & Data Privacy Committee of theLaw Society of Ireland, and sits on Technology Ireland’s Data WorkingGroup. She is a member of the Intellectual Property Commission of theInternational Chamber of Commerce and also of INTA, IAPPI and SCL.

Deirdre KilroyMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2331Email: [email protected]: www.matheson.com

I R E L A N D


ATTORNEY BIOGRAPHIES TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS

Erin Hanson is a partner in the Technology Transactions Practice,within White & Case’s Global Mergers & Acquisitions Group andGlobal Intellectual Property Group. She is also a member of White &Case’s Global Technology Industry Core Group.

Erin is a transactional attorney, specializing in intellectual property(“IP”) and technology transactions and counseling. Erin offers clientslegal and commercial advice across the spectrum of standalone IP andtechnology transactions, including all aspects of IP and technologylicensing, development and joint-development agreements, evaluationand testing agreements, strategic alliances, distribution, outsourcing,cloud and “as-a-service” arrangements. Erin also advises on the IP andtechnology aspects of M&A, private equity and other corporatetransactions, including acquisitions, divestments, carve-outs, and jointventures. Her work includes representing both strategic and financialclients, across a number of industries, including social media, software,hardware, telecommunications, clean-tech, data and analytics, digitalhealth and financial services, in matters relating to a wide variety oftechnologies such as e-commerce, platform technologies, artificialintelligence, big data, autonomous driving, and the internet of things.

Erin has gained valuable experience working on secondment at aglobal technology company. Her clients also benefit from her stronginternational experience, having practiced in both Australia and theUnited States.

Erin was recently named “Up & Coming” for Technology &Outsourcing in New York by Chambers USA, 2021. Erin is also listedas a “Rising Star” for Mergers & Acquisitions by The Deal (2020), ILFR(2020) and Euromoney (2021). She is listed as a “RecognizedIndividual” by Intellectual Asset Management (IAM) Patent 1000(2020) and is a recipient of a “40 under 40 Emerging Leaders Award”by The M&A Advisor (2019).

Erin received her BA and LLB from University of Queensland.


• Facebook in connection with various intellectual property, product,content, and technology transactions. She also advised Facebook inconnection with its new Portal devices and service.

• ION Acquisition Corp 1 Ltd. (NYSE: IACA), a SPAC, in its US$2.6billion business combination with Taboola.com Ltd., a global leaderin powering recommendations for the open web.

• Falcon Capital Acquisition Corp. (NASDAQ: FCAC), a SPAC, in itsUS$3.9 billion business combination with Sharecare, Inc., a digitalhealth company based in Georgia.

• Harvest Partners in an investment in MRI Software, a leadingprovider of real estate management software solutions globally.

Erin Hanson White & Case LLP1221 Avenue of the AmericasNew York 10020-1095USTel: (1) 212 819 2516Email: [email protected]: www.whitecase.com


Chérie R Kiser chairs Cahill Gordon & Reindel LLP’s communicationspractice group and is the managing partner of Cahill’s Washington,D.C. office.

For nearly 30 years, Chérie has been at the legal forefront of thedramatic growth and technological innovation that has taken place inthe voice, video, Internet, and data communications markets.Commended in Chambers USA for her “depth of knowledge in thetelecom regulatory space,” which sources speaking with the publicationdescribe as “encyclopedic in nature,” Chérie advises her clients, whichrange from tech start-ups to leading global communications andInternet companies, on all aspects of their telecommunications,broadband, and wireless market entry and growth strategies. Herpractice has been devoted to guiding companies through theregulatory and legal shoals surrounding traditional telephone, media,wireless, and cable service issues, as well as cutting-edge technologiessuch as VoIP, Telepresence, Internet of Things, Cloud-based services,and broadband deployment.

Chérie is counsel to clients on a broad spectrum of issues before theFederal Communications Commission, Congress, state legislatures,state Attorneys General offices, and state regulatory agencies. Sherepresents clients in complex litigation involving regulatory, contract,and tax issues in state and federal courts across the country. She alsoacts as corporate regulatory counsel in connection with initial publicofferings, mergers and acquisitions, debt issuances and financings, andother corporate transactions.

Earlier in her career, Chérie was a Senior Regulatory Attorney forSprint Communications Company.

Recognitions:• Chambers USA• The Legal 500• Named to The National Law Journal’s list of Washington D.C.Trailblazers, 2020

• Named One of The National Law Journal’s “Outstanding WomenLawyers,” 2015

• Member, DirectWomen Board Institute Class of 2015

Professional Activities:• Board Member and Vice Chair, Lancaster County BroadbandAuthority, 2021-present

• Federal Communications Bar Association; InternationalTechnology Law Association; National Association of WomenLawyers

• Chair, Technical and Clinical Standards and Guidelines Task Force,Partnership For Artificial Intelligence, Telemedicine & Robotics InHealthcare (PATH), 2018-2019

• Publishes and presents at industry conferences throughout theUnited States and internationally

Chérie R KiserCahill Gordon & Reindel1990 K Street, NWSuite 950Washington DC 20006USTel: (1) 202 862 8950 Email: [email protected] Website: www.cahill.com



TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS EXPERT LISTINGS

AU S T R A L I AHelen ClarkeCorrs Chambers WestgarthBrisbane

Moya DoddGilbert + TobinSydney

Angela FlanneryHolding RedlichSydney

Nicole HellerKing & Wood MallesonsSydney

Renae LatteyKing & Wood MallesonsMelbourne

Amanda LudlowAshurstBrisbane

Sheila McGregorGilbert + TobinSydney

Justine MunsieAddisonsSydney

Leanne NormanBanki Haddock FioraSydney

Anne PetterdBaker McKenzieSydney

Lesley SuttonGilbert + TobinSydney

B E L G I UMAgnès MaquaKOANBrussels

B R A Z I LAna Paula BialerBialer Falsetti AssociadosSão Paulo

Renata CiampiMotta Fernandes AdvogadosSão Paulo

Elinor Cristófaro CotaitMundie e AdvogadosSão Paulo

Gabriela de Paiva-MoretteTrench Rossi WatanabeSão Paulo

Simone Lahorgue NunesLevy & Salomão AdvogadosRio de Janeiro

Maria Cristina Machado CortezCortez Rizzi & MirandaSão Paulo

Flávia Rebello PereiraTrench Rossi WatanabeSão Paulo

B U L G A R I AVioletta P KunzeDjingov Gouginski Kyutchukov &VelichkovSofia

C ANADASusan H AbramovitchGowling WLGToronto

Christina BuchliBuchli GoldsteinToronto

Danielle M BushMcCarthy TétraultToronto

Diana CafazzoStohn Hay Cafazzo DembroskiRichmondToronto

Hilary GoldsteinBuchli GoldsteinToronto

Wendy GrossOsler Hoskin & HarcourtToronto

Christine IngMcCarthy TétraultToronto

Bernice KarnCassels Brock & BlackwellToronto

Monique McAlisterGoodmansToronto

Tara ParkerGoodmansToronto

Juliet SmithDentonsVancouver

Carolyn StamegnaGoodmansToronto

Amy-Lynne WilliamsDeeth Williams WallToronto

C Z E C HR E P U B L I CJana PattynováPierstonePrague

D E NMA R KNina HenningsenMazanti — Andersen Korsø JensenCopenhagen

Marlene Sinther PlasDLA PiperCopenhagen

F I N L AN DPia EkCastrén & SnellmanHelsinki

F R AN C EClaire BernierADSTOParis


EXPERT LISTINGS TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS

Sophie BorowskyCrossen & BorowskyParis

Béatrice Delmas-LinelOsborne ClarkeParis

Christiane Féral-SchuhlFeral-Schuhl / Sainte-MarieParis

Alexandra NeriHerbert Smith FreehillsParis

Marie-Hélène TonnellierLatournerie Wolfrom AvocatsParis

G E RMAN YAstrid Auer- ReinsdorffAuer & CompanyBerlin

Viola BensingerGreenberg TraurigBerlin

Isabell ConradSSW Schneider Schiffer WeihermüllerMunich

Mareike Christine GehrmannTaylor WessingDüsseldorf

Truiken J HeydnTCI RechtsanwälteMunich

Christiane StützleMorrison & FoersterBerlin

HONG KONGS A RMichelle ChanBird & BirdHong Kong

Vivien ChanVivien Chan & CoHong Kong

Anna GamvrosNorton Rose FulbrightHong Kong


HUNGA RYDóra PetrányiCMS Cameron McKenna NabarroOlswangBudapest

I R E L A N DAnne-Marie Bohan See bioMathesonDublin

Ruth Hunter See bioMathesonDublin

Deirdre Kilroy See bioMathesonDublin

I S R A E LEsther SternbachHerzog Fox & NeemanTel Aviv

I TA L YDaniela De PasqualeUghi e NunzianteMilan

Laura LiguoriPortolano CavalloRome

Francesca LodigianiR&P LegalRome

J A PANChie KasaharaAtsumi & SakaiTokyo

MA L AY S I AAdlin Abdul MajidLee Hishammuddin Allen & GledhillKuala Lumpur

Charmayne Ong Poh YinSkrineKuala Lumpur

Lai Ling TongRaja Darryl & LohKuala Lumpur

N E T H E R L AN D SEliane de VilderBrinkhofAmsterdam

Marjolein GeusBird & BirdThe Hague

Margriet KoedooderDe Vos & Partners AdvocatenAmsterdam

Judica KrikkeStibbeAmsterdam

Jacqueline SchaapVisser Schaap & KreijgerAmsterdam

Jacqueline MB SeignetteHöcker AdvocatenAmsterdam

Wanda van KerkvoordenSOLV AdvocatenAmsterdam

Roelien van NeckBird & BirdThe Hague

Eva VisserProject MooreAmsterdam

N EW Z E A L AN DLiz BlytheRussell McVeaghAuckland


TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS EXPERT LISTINGS

Karen NganSimpson GriersonAuckland

N I G E R I AJumoke LamboUdo Udoma & Belo-OsagieLagos

NO RWAYKristin VeierødHjortOslo

P O L AN DEwa Kurowska-ToberDLA PiperWarsaw

P O R T UGA LMagda CoccoVdA Vieira de AlmeidaLisbon

Margarida CoutoVdA Vieira de AlmeidaLisbon

ROMAN I ACosmina Maria SimionSimion & BaciuBucharest


S I N G A PO R EStella CramerNorton Rose FulbrightSingapore

Kylie PehWongPartnershipSingapore

Joyce A TanJoyce A Tan & PartnersSingapore

S O U T H A F R I C APreeta BhagattjeeCliffe Dekker HofmeyrJohannesburg

Livia DyerBowmansJohannesburg

Wendy RosenbergWerksmans AttorneysJohannesburg

Tebogo SibidlaWerksmans AttorneysJohannesburg

S PA I NAlmudena Arpón de Mendívil AldamaGómez-Acebo & PomboMadrid

Blanca Escribano CañasEY LawMadrid

SW E D E NEva FredriksonVingeStockholm

SW I T Z E R L A N DNicola BenzFroriepZurich

Clara-Ann GordonNiederer Kraft FreyZurich

T U R K E YCeylin BeyliCBL Law OfficeIstanbul

UN I T E DK I N G DOMSusan AslanACK Media LawLondon

Susan BartyCMS Cameron McKenna NabarroOlswangLondon

Marly DidizianLinklatersLondon

Frédérique Dupuis-ToubolBird & BirdLondon

Victoria GaskellCMS Cameron McKenna NabarroOlswangLondon

Annabelle GaubertiCrefoviLondon/Paris

Natasha GoodFreshfields Bruckhaus DeringerLondon

Amanda HaleAshurstLondon

Rosaleen HubbardTowerhouseLondon

Jane Lambert4-5 Gray’s Inn SquareLondon

Sue McLeanBaker McKenzieLondon

Diane MullenexPinsent MasonsLondon

Selina PotterCMS Cameron McKenna NabarroOlswangLondon

Lisbeth SavillLatham & WatkinsLondon


EXPERT LISTINGS TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS

Ingrid SilverReed SmithLondon

Bridget TreacyHunton Andrews KurthLondon

Joanne WheelerAlden LegalLondon

UN I T E D S TAT E SCynthia S AratoShapiro Arato BachNew York

Suzanne Y BellCovington & BurlingPalo Alto

Nancy A BruingtonLatham & WatkinsLos Angeles

Cynthia Clarfield HessFenwick & WestMountain View

Jennifer CoplanSidley AustinNew York

Sandra A Crawshaw-SparksProskauer RoseNew York

Rebecca S EisnerMayer BrownChicago

Michele C FarquharHogan LovellsWashington DC

Nora E GarroteVenableWashington DC

Marissa Román GriffithAkin Gump Strauss Hauer & FeldLos Angeles

Susan A GrodeKatten Muchin RosenmanLos Angeles

Arlene Arin Hahn See bioWhite & CaseNew York

Vivian L HansonMorrison & FoersterNew York

Erin Hanson See bioWhite & CaseNew York

Maureen R JeffreysArnold & PorterWashington DC

Jennifer A JohnsonCovington & BurlingWashington DC

Regina M KeeneyLawler Metzger Keeney & LoganWashington DC

Kathleen A KirbyWiley ReinWashington DC

Chérie R Kiser See bioCahill Gordon & ReindelWashington DC

Eleanor M LackmanMitchell Silberberg & KnuppNew York

Ann J LaFranceSquire Patton BoggsNew York

Victoria LeeDLA PiperEast Palo Alto

Christine LeperaMitchell Silberberg & KnuppNew York

Carrie M LeRoyGibson Dunn & CrutcherPalo Alto

Lori E LesserSimpson Thacher & BartlettNew York

Diana J P McKenzieHunterMacleanSavannah

Heather J MeekerO’Melveny & MyersMenlo Park

Barbara MeiliGreenberg TraurigNew York

Atara MillerMilbankNew York

Barbara Murphy MelbyMorgan Lewis & BockiusPhiladelphia/New York

Robyn R PolashukCovington & BurlingLos Angeles

Laura Lee PratherHaynes and BooneAustin

Jennifer L RichterAkin Gump Strauss Hauer & FeldWashington DC

Karen M RobsonPryor CashmanLos Angeles

Rose H SchwartzFranklin Weinrib Rudell & VassalloNew York

Sherrese M SmithPaul HastingsWashington DC

Natalie J SpearsDentonsChicago

Nancy J VictoryDLA PiperWashington DC

Catherine WangMorgan Lewis & BockiusWashington DC

Susan WilliamsPaul HastingsLos Angeles

Juliette YoungbloodYoungblood GroupLos Angeles



T R A D EMA R K S / CO P Y R I G H T S

Feature for:

Ecuador, by Cecilia Falconi Pérez and Angelina Galletti of Falconi Puig Abogados 221


THOUGHT LEADERSHIP TRADEMARKS/COPYRIGHTS


Diversity in the legal profession:Ecuador’s fight for inclusion

Cecilia Falconi Pérez and Angelina Galletti (L-R)Falconi Puig AbogadosQuito

Ecuador is a small country located at the equator line in South Amer-ica. It is recognized for having some of the most diverse ecosystems,paired with the most diverse ethnic groups across its 4 regions. It has ahistory of unstable political institutions and ideologies, constantfights for independence and several efforts to keep the country’s iden-tity intact. With all of these elements in the mix, it has certainly beenand continues to be a great challenge to speak about diversity in thelegal profession, which as we know, is currently one of the most com-petitive and less inclusive fields of work. Unfortunately, studies re-garding the analysis of diversity and inclusion in the Ecuadorian legalfield are very limited. This comes to be from the fact that there is verylittle awareness and attention directed towards inclusive practices inthe field. Consequently, the importance of writing and discussing thetopic is undoubtedly fundamental to offer and impulse advances. Inparticular, there are two areas of diversity and inclusion that have tobe referred to when it comes to the legal profession and those are: thereduction of the gender gap and the inclusion of several nationalitiesand ethnicities. In our country regulations referring to the reduction of the gender

gap are relatively new. After the women s movement of the 5th Con-ference of the United Nations about women in Beijing, 1955, theEcuadorian constitution in 1998 finally included legal dispositions infavor of women such as equality and non-discrimination before thelaw, equal participation of men and women in politics, the formalrecognition of housework as a productive labor activity and Stateobligations to promote public policies that intend to reduce the gen-der gap1. Our current constitution, which was changed and approvedin 2008, added the principles of equal job opportunity, equal pay, andthe prohibition to dismiss during maternityleave, amongst others2. As it goes for interna-tional law that has been ratified by Ecuador,we are part of several representative instru-ments of women’s rights. For starters, we haveratified the 1979 Convention on the Elimina-tion of All Forms of Discrimination againstWomen3, the 1994 Inter-American Conven-tion on the Prevention, Punishment andEradication of Violence against Women4, andthe 1953 Convention on the Political Rightsof Women.5

Despite the existence of this entire legalframework, the reality of the situation contin-ues to be far from inclusive and non-discrimi-

natory. Studies conducted throughout 2015 – 2020 by the NationalInstitute of Statistics and Census have shown that women’s employ-ment rate is currently 30.6%; 14.2 points lower than men employ-ment. From that employment rate, only 5% of women reachmanagement positions in Ecuador. Women get paid 35% less thanmen for executing the same exact job. These numbers are linked withthe fact that 29% of Ecuadorian families are led by women, and 70%of one-parent-households are led by women as well.6 Our NationalAssembly as our legislative body, has been composed throughout theyears an average of 61, 6% men and only 39, 4%7 women. Often, whatpractice shows is that these statistics respond to cultural elementswithin the Ecuadorian understanding of family, in which the womanis in charge of house work and the men is in charge of professionalwork. This conception limits women s access to higher levels of schooland to time-demanding management positions, which become practi-cally impossible considering the rest of responsibilities brought uponthem. The legal field is no exception to these numbers and to theseconceptions. Nonetheless, not everything seems to be so obscure. Positive ad-

vances have been made by joined efforts ofwomen all across our country. To set an ex-ample, the same study shares that during thelast few years, the amount of young women inuniversities has significantly increased to thepoint that today, 6 of every 10 university stu-dents are women. Job rates have increased inthe last ten years from 30,6% to 32,4% forwomen and post-graduate studies rates havealso increased from 0,8% to 2,3%. 52% ofwomen who are in university are studying ed-ucational sciences and the remaining 48%study administrative or commerce related ca-reers8. All in all, women are more integratedinto the educational system, and determined

“AS LAWYERS IS OURJOB TO CHANGE

UNFAIR REALITIES BYASSUMING THEOBLIGATIONS OFOFFERING NON-DISCRIMINATIVEOPPORTUNITIES”


TRADEMARKS/COPYRIGHTS THOUGHT LEADERSHIP


to remain in such. As it comes to the legal profession, most of thefirms in our country are led by men. In fact, my representation asManaging Partner of Falconi Puig Abogados would constitute the firsttime a female leads our firm in almost 50 years. This representation,and the representation of many young women initiating their careersinside other firms shows that our profession is slowly and steadilytransitioning to be more equivalent. Every day more women are en-rolled in legal law firm’s payrolls, in university and in public institu-tions. Now it s more a matter of letting them reach higher positionsand extending opportunities for their growth. As for the second area of diversity that must be addressed, to elab-

orate on the inclusion of several nationalities and ethnicities it is im-portant to start by adequately defining the difference between thesetwo concepts. As defined by International Law, when referring to na-tionalities, it is to be understood that we refer to a collection of peoplewho are perceived to share a legal bond based on common citizen-ship9”. This is to be taken into account because there are several mi-gratory waves that have crossed Ecuador throughout the years. Forexample, we have high statistics of immigration from Colombia, Peru,Cuba and the most recent, from Venezuela. On the other hand, whenreferring to ethnicities, we refer to “a group whose members sharecommon language and culture, or a group which distinguishes itselfin the exercise of their right to self-determination as such”.10 This isalso important in the context of inclusion because Ecuador has 32identified different ethnic groups, which include some non-contactedgroups of the Amazonian region.11

The Ecuadorian legal framework regarding the inclusion of severalethnicities and nationalities is also very protective and granting. Ourconstitution recognizes that we have several groups within our coun-try and establishes the States obligation to protect the identity of eachone of them12. It also recognizes the principle of non-discriminationfor incoming immigrants and other persons in mobility conditions.13

At an international level, Ecuador ratified in 2002 the InternationalConvention on the Protection of the Rights of all Migrant Workersand Members of their Families14, from which several public policieshave been implemented. We are also a part of the Indigenous andTribal Peoples Convention of 198915 and the International Conven-tion on the Elimination of All Forms of Racial Discrimination of196516, through which we have also promoted efforts to preserve iden-tities and native languages within our country.

Statistically, the numbers show that there is lot of work to execute forthe inclusion of different nationalities and ethnicities. For example,2019 statistics have shown that 89% of the Venezuelan population thatis living and working in Ecuador don t have formal jobs17. Only 40% ofimmigrants from Caribbean countries have finished high school and31% have started university without graduation. The remaining 29% donot have studies.18 For ethnicities, it is a constant worry of our authori-ties to work on the reduction of the illiteracy rates that are particularlyhigh within the indigenous communities of our country. We are rankedby the UNESCO as country number 81 for literary rates with 7.17% ofilliterate population19, out of which the majority are concentrated in theamazon and the coast, where some of the oldest ethnic groups reside20.As a result of these rates, the inclusion of different ethnic groups is notcommon within the legal profession, mainly due to the sociologicalphenomenon that the lack of access to education represents. In this area of diversity, as well as in gender, two common elements

come to mind. First, the fact that the generalities of the legal frame-work, at constitutional and international level are in favor of the in-clusion of these areas of diversity to everyday activities as well as toprofessional activities, and second, that although advances have beenmade, there is still a lot of work to do in order to incorporate diversityin the legal field. Lawyers, as experts of the law are the main messen-gers of its dispositions. Knowing that the legal framework towards in-clusion exists is already a huge step for our professionals to becomedefenders of that legal framework and join efforts in the fight againstexclusion, discrimination and inequality. Last but not least is impor-tant to remember that is our job to change this reality by assuming theobligations of offering non discriminative opportunities, balancingthe amount of men and women in our offices, incorporating peoplewho are in condition of mobility and overall, implementing a cultureof equal respect to all in the work environment that they lead. I mproud to say Falconi Puig Abogados is aware of these realities, and isopenly making efforts towards inclusion and towards the acceptanceof the beauties in diversity. We are part of important initiatives suchas the United Nations Global Compact, directed toward the fulfill-ment of the purposes established in the 2030 agenda and we recentlysigned our commitment with the Women s Empowerment Principles,all for which internal policies are being implemented. We believe thatefforts like these can be made by legal firms all over the world andthey represent a huge step towards a better and fairer tomorrow.

1 Constitución de la República del Ecuador, 1998. 2 Constitución de la República del Ecuador, 2008. 3 Ratified November, 1981. 4 Ratified September, 1995. 5 Ratified December, 1952.6 INEC, Censo de Población y Vivienda, 2015-2020.7 INEC, Atlas de Género, 2018. 8 INEC, Censo de Población y Vivienda, 2015-2020.

9 Akayesu Case of the ICTR 199810 Kayishema and Rudzina ICTR 199911 Presidencia de la República del Ecuador, Plan Nacional

de Desarrollo “Toda una vida”, 2017-2021. 12 Constitución de la República del Ecuador, 2008, Art. 1,

Art. 11.13 Constitución de la República del Ecuador, 2008, Art. 40. 14 Ratified February, 2002.

15 Ratified May, 1998.16 Ratified September 1966.17 Ministerio de Gobierno, 2019. 18 Ministerio de Gobierno, 2019.19 UNESCO, 2017.20 Censo Informa: Educación, INEC 2001-2010.


ATTORNEY BIOGRAPHIES TRADEMARKS/COPYRIGHTS

Cecilia is a proactive attorney. She practices law mainly in IntellectualProperty and has strength in copyrights, trademarks and geographicalindications, also ancestral knowledge, and biodiversity. She is also anexpert in regulatory affairs and efficiently advices her clients looking toplace their products in the country providing effective solutions totheir needs.

She constantly participates in several working groups regarding trendsfor the industries and works on advocacy papers towards policymaking. She chairs the ICC Ecuador IP Commission for a secondperiod and actively cooperates with juridical criteria for severalprojects of reforms of law and regulations on IP rights, and promotingobservatories for customs watch and criminal offenses.

She is quite dynamic at INTA and ECTA now serving at the ACCCommittees. At ASIPI she chairs the Geographical IndicationsCommittee for her second period for which she has been recognizedfor her hard work and impeccable job. She is also involved with orIGinas law firm member.

Her advice regarding the protection of intellectual property has meantthat her clients have been able to develop new ventures safely andexpand their business in Ecuador and into foreign markets. Her vastexperience in managing IP portfolios has allowed her to advise clientson how to achieve strategic business objectives through audits ofintangible assets, acquisition of rights, licenses and franchises. She hada leading role on the negotiation of a biodiversity access contractbetween Yale University and the Environmental Ministry of Ecuador.

She has successfully advised and managed administrative litigationprocedures having favorable results and client satisfaction. Also, she isan expert in piracy, counterfeit actions, and border measuresconcluding with definite cease of infringements on copyrights andtrademarks. Appellation of origin infringements had also beenhandled successfully. Cecilia represents clients in a wide range ofbusiness sectors, and has experience in advising in beverage, clothing,cosmetics, veterinary products, pharmaceuticals, cleaners anddisinfectants, agriculture, timber, entertainment, literary, and editorialbusiness industries.

A team of professionals in FPA dedicated to the Hemp & Cannabisindustries from the regulatory perspective on agro-industrial andmedicinal, cosmetics and food & beverages. Cecilia is a foundermember at the Quito Chamber of Commerce Hemp Cluster being it slegal advisor and asked to lead the new to come CannabisCommission.

Currently she leads the Firm as Managing Partner.

Celia FalconiFalconi Puig AbogadosAv. Amazonas N21-147 Ed. Río Amazonas Of. 900 Quito 170517Ecuador Tel: (593) 2 256 1808 ext. 1002Email: [email protected]: www.falconipuig.com

E C U A DO R

Nathalie Dreyfus practices as a French and European TrademarkAttorney as she founded Dreyfus Law Firm in 2004, which isspecialized in Intellectual Property Law. She is an appointed expert atthe Paris Court of Appeal, the WIPO Arbitration and MediationCenter and the NAF National Arbitration Forum.

Nathalie Dreyfus advises clients on a broad range of intellectualproperty law matters and, in particular, on protection and enforcementof trademarks, designs, copyrights, patents, appellations of origin,plant varieties, and domain names. She is also involved in draftingintellectual property and know-how contracts at an international level.

She advises and assists her clients in the protection and enhancementof their intellectual property rights both in the real world and on theInternet, including dispute resolution, infringement actions,technology transfer operations and UDRP-type arbitrationproceedings.

In addition, Nathalie Dreyfus has extensive expertise in all issuesrelated to the Internet and new technologies such as phishing,cybersquatting, social media, domain names, and online salesplatforms. She is particularly specialized in defending companies onthe Internet.

More recently, the Dreyfus law firm has specialized in online brandenforcement and compliance.

Nathalie and her team are working in France and internationally as oneof the leader of intellectual property firms with expertise in the digitaleconomy.

Nathalie has been organizing webinars on topics related to intellectualproperty on various sectors. She often asked to share our views andexpertise on the latest developments in intellectual property anddigital law. As an active contributor to our profession, Nathalie and herteam regularly take on speaking engagements at specialized French andinternational conferences.

Nathalie Dreyfus has written several books, as well as articles for legaljournals specialized in IP/IT. She writes for the Dreyfus blog, whichpublishes articles on legal news relating to trademark, patent,copyright, Internet, and new technology law.

Nathalie DreyfusDreyfus & associés78 avenue Raymond PoincaréParis 75116FranceTel: (33) 1 44 70 07 04Email: [email protected]: www.dreyfus.fr

F R AN C E


TRADEMARKS/COPYRIGHTS ATTORNEY BIOGRAPHIES

Magda Streuli-Youssef is a partner of the Swiss law firm RentschPartner. She represents parties before courts and state authorities, ADRPanels and supervisory bodies in all kind of intellectual property,media and unfair competition law matters. She has a broad litigationpractice including several landmark court cases in the field ofcopyrights, trademarks and unfair competition law. Her practice areasalso include IP strategies, IP audits and licensing, drafting andnegotiating all types of IP-related contracts and advising clients inintellectual property, media and unfair competition law matters.

Born in 1953, Magda Streuli-Youssef was educated at the University ofZurich (lic. iur. 1975, Dr. iur. 1978). Her working experience as anattorney stretches back to 1980; she was a lecturer at the University ofZurich and at various institutions such as SAWI in Bienne and theEMBA of the University of St. Gallen.

She was a member of the Federal Commission for the Exploitation ofCopyrights and Neighbouring Rights and former Vice-President of theFederal Appeals Commission for Intellectual Property. She has beenactive in several professional associations, notably the InternationalAssociation for the Protection of Intellectual Property (AIPPI) and theSwiss Institute for Industrial Property (INGRES). She publishes andlectures regularly on various IP topics. She is the editor of the well-knownbook series Schweizerisches Immaterialgüter-und Wettbewerbsrecht(SIWR) and recently published three volumes.

Rentsch Partner is a leading Swiss attorney at law and patent attorneyfirm, advising and representing clients in all aspects of intellectualproperty law – transactions, proceedings and complex cases both in adomestic and a global context.

Magda Streuli-Youssef speaks German, English and French. She isregistered with the Zurich Bar Registry and admitted to practice in allSwitzerland.

Magda Streuli-YoussefRentsch PartnerBellerivestrasse 203P.O.Box 8034ZurichSwitzerlandTel: (41) 44 225 70 70Email: [email protected]: www.rentschpartner.ch



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Emma Himsworth QCOne Essex CourtLondon

Jessica Le GrosBaker McKenzieLondon

Carrollanne LindleyKilburn & StrodeLondon

Vanessa MarslandClifford ChanceLondon

Fiona McBrideWithers & RogersBristol

Amanda MichaelsHogarth ChambersLondon

Rebecca O’Kelly-GillardBird & BirdLondon

Arty RajendraOsborne ClarkeLondon

Kate SwaineGowling WLGBirmingham

Catherine WolfeBoult Wade TennantLondon

Sarah WrightCMS Cameron McKenna NabarroOlswangLondon

UN I T E D S TAT E SSally M AbelFenwick & WestMountain View

Kristin J AchterhofKatten Muchin RosenmanChicago

Rochelle D AlpertMorgan Lewis & BockiusSan Francisco

Andrea AndersonHolland & HartBoulder

Julia C ArcherEnns & ArcherWinston-Salem

Jennifer D ArkowitzKilpatrick Townsend & StocktonSan Francisco

Karen Artz AshKatten Muchin RosenmanNew York

Bharati BakshaniLadas & ParryNew York

Jennifer L BarryLatham & WatkinsSan Diego

Katherine M BasileReed SmithPalo Alto

Roberta (Robin) BrenMuncy Geissler Olds & LoweFairfax

Sarah BroMcDermott Will & EmeryIrvine

Karen A ButcherMorgan Lewis & BockiusWashington DC/New York

Lisa M CaldwellKlarquist SparkmanPortland

Emilia F CannellaRopes & GrayBoston

Cristina A CarvalhoArent FoxWashington DC

Dale M CendaliKirkland & EllisNew York

Patricia L CottonPillsbury Winthrop Shaw PittmanPalo Alto



Amy F DivinoCozen O’ConnorNew York/Philadelphia

Jody H DrakeSughrue MionWashington DC

Rachelle A DubowMorgan Lewis & BockiusBoston

Lisa DunnerDunner LawWashington DC

Gina DurhamDLA PiperSan Francisco

Sandra EdelmanDorsey & WhitneyNew York

G Roxanne ElingsDavis Wright TremaineNew York

Connie L EllerbachFenwick & WestMountain View

Ann K FordDLA PiperWashington DC

Nancy Rubner FrandsenBakerHostetlerPhiladelphia

Christina D FrangiosaEckert Seamans Cherin & MellottPhiladelphia

Jennifer FraserDykema GossettWashington DC

Lydia T GobenaFross Zelnick Lehrman & ZissuNew York

Laura Goldbard GeorgeStroock & Stroock & LavanNew York

Beth M GoldmanOrrick Herrington & SutcliffeSan Francisco

Jennifer A GolinveauxWinston & StrawnSan Francisco/Menlo Park

Lynne E GraybealPerkins CoieSeattle

Lisa Greenwald-SwireFish & RichardsonRedwood City

Sana HakimK&L GatesChicago

Stacey R HalpernKnobbe MartensIrvine

Susan L HellerGreenberg TraurigIrvine

Erin HennessyHaynes and BooneNew York

Catherine J HollandKnobbe MartensIrvine

Roberta L HortonArnold & PorterWashington DC

Annette HurstOrrick Herrington & SutcliffeSan Francisco

Vanessa A IgnacioLowenstein SandlerNew York

Nadine H JacobsonFross Zelnick Lehrman & ZissuNew York

Elizabeth F JandaBrooks KushmanSouthfield

Cynthia Johnson WaldenFish & RichardsonBoston

Julie A KatzKatz Group LLCChicago

Mary KevlinCowan Liebowitz & LatmanNew York

Joan Kupersmith LarkinSeyfarth ShawLos Angeles

Anna Kurian ShawHogan LovellsWashington DC

Eleanor M LackmanMitchell Silberberg & KnuppNew York/Los Angeles

Jennifer M LantzDuane MorrisPalo Alto

Wendy LarsonPirkey BarberAustin

Leigh A LindquistSughrue MionWashington DC

Deborah M LodgeSquire Patton BoggsWashington DC

Michelle Mancino MarshArent FoxNew York

Christina L MartiniMcDermott Will & EmeryChicago

Janet A MarvelPattishall McAuliffe Newbury Hilliard &GeraldsonChicago

Julia Anne MathesonPotomac Law GroupWashington DC

Kelly P McCarthySideman & BancroftSan Francisco

Linda McLeodKelly IPWashington DC

Linda M MerrittNorton Rose FulbrightDallas

Jennifer M MikulinaMcDermott Will & EmeryChicago

Camille M MillerCozen O’ConnorPhiladelphia



Tamara A MillerLeydig Voit & MayerChicago

Susan M NatlandKnobbe MartensIrvine

Lisa A OsmanDorsey & WhitneyDenver

Purvi Patel AlbersHaynes and BooneDallas

Lisa PearsonKilpatrick Townsend & StocktonNew York

Anne PeckCooleyPalo Alto

Jill PietriniSheppard MullinLos Angeles

Anita B PolottMorgan Lewis & BockiusWashington DC

Laura Popp-RosenbergFross Zelnick Lehrman & ZissuNew York

Monica B RichmanDentonsNew York

Lisa W RosayaBaker McKenzieNew York

Lynn E RzoncaBallard SpahrPhiladelphia

Janet F SatterthwaitePotomac Law GroupWashington DC

Randi W SingerWeil Gotshal & MangesNew York/Redwood Shores

Barbara A SolomonFross Zelnick Lehrman & ZissuNew York

Deborah K SquiersCowan Liebowitz & LatmanNew York

Claudia W StangleLeydig Voit & MayerChicago

Sabrina C StavishSheridan RossDenver

Allison Strickland RickettsFross Zelnick Lehrman & ZissuNew York

Monica Riva TalleySterne Kessler Goldstein & FoxWashington DC

Jennifer Lee TaylorMorrison & FoersterSan Francisco

Donna A TobinRoyer Cooper Cohen BraunfeldNew York

Karen A WebbFenwick & WestMountain View

Susan Neuberger WellerMintz Levin Cohn Ferris Glovsky andPopeoWashington DC

Deborah A WilcoxBakerHostetlerCleveland

Meredith M WilkesJones DayCleveland

Lynda Zadra-SymesKnobbe MartensIrvine

V E N E Z U E L ABarbarita GuzmánAntequera Parilli & RodríguezCaracas

Patricia Hoet LimbourgHoet & PartnersCaracas

María Milagros NebredaHoet & PartnersCaracas

V I E T N AMLe Thi Kim DzungVision & AssociatesHanoi

Dang T H ThuyD&N InternationalHanoi



T R AN S F E R P R I C I N G


EXPERT LISTINGS TRANSFER PRICING

AU S T R A L I AFiona D CraigDeloitte AustraliaSydney

Helen FazzinoPwCMelbourne

Natalya MareninaBDOBrisbane

AU S T R I ASabine BerneggerKPMGVienna

B E L G I UMAstrid PieronMayer BrownBrussels

Natalie ReypensLoyens & LoeffBrussels

Sofie StasAptis GlobalBrussels

Isabel VerlindenPwCBrussels

B R A Z I LClarissa Giannetti MachadoTrench Rossi WatanabeSão Paulo

C ANADATara Di RosaEYToronto

Amanda HealeBlake Cassels & GraydonToronto

Claire M.C. KennedyBennett JonesToronto

Michelle T SledzKPMGCalgary

C H I N AEunice KuoDeloitte ChinaShanghai

Joanne SuEYBeijing

F I N L AN DSanna LaaksonenKPMGHelsinki

Merja RaunioRoschierHelsinki

F R AN C ENadia SabinEYParis

Sabine SardouBDOParis

Caroline SilberzteinBaker McKenzieParis

G E RMAN YKati FiehlerPwCHamburg

Tanja KeserPwCMunich

Svetlana KuzminaKPMGDüsseldorf

Silke LappeDeloitte GermanyMunich

Claudia LautenDeloitte GermanyDüsseldorf

Susann Van Der HamPwCDüsseldorf

HONG KONGS A RPetrina ChangDeloitte ChinaHong Kong

Cecilia LeePwCHong Kong

I N DON E S I AAy Tjhing PhanPwCJakarta

I R E L A N DCatherine GalvinMathesonDublin

J A PANYukiko KomoriBaker McKenzie (Gaikokuho JointEnterprise)Tokyo

Chihiro TakeuchiPwCTokyo

L U X EM BOU RGVanessa Ramos FerrinTransFair Pricing SolutionsLuxembourg

MA L AY S I ATheresa GohDeloitte MalaysiaKuala Lumpur


TRANSFER PRICING EXPERT LISTINGS

M E X I C OMarta MilewskaPwCMexico City

N E T H E R L AN D SMargreet G NijhofBaker McKenzieAmsterdam

Ágata UcedaKPMG Meijburg & CoAmsterdam

N EW Z E A L AN DKim JarrettKPMGAuckland

NO RWAYMette GranheimEYOslo

P O L AN DAneta Blazejewska-GarczynskaEYWarsaw

Renata DłuskaMDDP Michalik Dłuska Dziedzic iPartnerzyWarsaw

Iwona GeorgijewDeloitte PolandWarsaw

Magdalena MarciniakMDDP Michalik Dłuska Dziedzic iPartnerzyWarsaw

P O R T UGA LPatrícia MatosDeloitte PortugalLisbon

Tânia RodriguesDeloitte PortugalLisbon

R U S S I ANatalia KozlovaPwCMoscow

Natalia ValkovskayaKPMGMoscow

Evgenia VeterEYMoscow

S I N G A PO R EAdriana CalderonTransfer Pricing Solutions AsiaSingapore

Felicia ChiaKPMGSingapore

S O U T H K O R E ATae-Yeon NamKim & ChangSeoul

S PA I NTeresa QuiñonesKPMGMadrid

SW E D E NElvira AllvinDeloitte SwedenGothenburg

Maria AnderssonKPMGStockholm

Annika LindströmKPMGStockholm

T H A I L A N DJanaiporn KhantasomboonPwCBangkok

T U R K E YGüler Hülya YilmazDeloitte TurkeyIstanbul

U K R A I N EOlga TrifonovaPwCKyiv

UN I T E DK I N G DOMVicki BalesDLA PiperLondon

Sophie BrownDeloitte LLP, the UK Deloitte member firmLondon

Debbie GreenKPMGLondon

Wendy NichollsGrant ThorntonLondon

Stephanie PantelidakiBaker McKenzieLondon

Amanda PletzNERA Economic ConsultingLondon/Paris/Geneva

UN I T E D S TAT E SDarcy D AlamuddinDeloitte Tax LLPChicago

Rebel CurdCharles River AssociatesPleasanton


EXPERT LISTINGS TRANSFER PRICING

Kaoru K DahmDeloitte Tax LLPMcLean

Komal DhallKPMGNew York

Jacqueline DoonanDeloitte Tax LLPSan Francisco

Susan Fickling-MungeDuff & PhelpsChicago

Holly E GlennBaker McKenzie ConsultingWashington DC

Emiko HashimotoDeloitte Tax LLPNew York

Natalie Hoyer KellerKirkland & EllisChicago

Michelle JohnsonDuff & PhelpsChicago

Kathrine A KimballAptis GlobalSan Diego

Elizabeth King RosenthalBeecher ConsultingJamaica Plain

Barbara MaceDLA PiperNew York

Michelle A MartinezBaker McKenzieChicago

Donna McComberBaker McKenzie ConsultingWashington DC

Ella MimoDeloitte Tax LLPChicago

Larissa B NeumannFenwick & WestMountain View

Eva ParentiDeloitte Tax LLPChicago

Stefanie PerrellaDuff & PhelpsNew York

Katherine Pinzón-RomeroEYHouston

Kristine RiisbergDeloitte Tax LLPNew York

Barbara L RollinsonHorst FrischWashington DC

Christine SalibaPwCWashington DC

Rema SerafiKPMGNew York

Jessica W TienKPMGSan Francisco

Colleen WarnerEYChicago

Jill WeiseDuff & PhelpsSalem



T R U S T S A N D E S TAT E S


ATTORNEY BIOGRAPHIES TRUSTS AND ESTATES

Practice Area• Succession planning, family trust, family governance, assetprotection and tax planning

Work Experience• Zhong Lun Law Firm (Hong Kong & Shanghai)• Clifford Chance (Hong Kong)• Fangda Partners (Beijing)

Education Background• Harvard University LL.M. • Peking University LL.B.

Bar Admission/Professional Qualification• PRC Legal Profession Qualification• New York Bar

ProfileMs Bao focuses on private client practice. She advises clients on PRCand cross-border succession planning, family trust, family governance,asset protection and tax planning matters.

Ms Bao is uniquely positioned to advise private clients on cross-bordermatters. She is qualified to practice law in PRC and the New York Stateof the US. She worked in Hong Kong for a few years and gainedextensive experience in family trust, cross-border inheritance andwealth planning matters. In the practice area of family trust, Ms Baohas handled hundreds of projects covering a broad spectrum ofmatters such as trust establishment, administration, restructuring,transfer and termination, involving trust laws in mainland PRC, HongKong, Singapore, Jersey, Guernsey, Cayman, BVI, Bahamas and CookIslands as well as tax laws in mainland PRC, Hong Kong, Singapore,US, UK, Canada and New Zealand. With deep understanding of theneeds and concerns of Chinese clients, Ms Bao is able to stand in theshoes of the clients and provide practical, reliable, tailored andinnovative solutions.

Ms Bao advises a number of well-known Chinese business leaders ininternet, high technology, private equity, real estate and manufacturingindustries on their private wealth matters. She also advises leadingChinese and international financial institutions. Having worked oncross-border matters for over 13 years, Ms Bao is able to closelymonitor the trending changes in laws and regulatory practice andprovide her clients with forward-looking strategies.

Languages • Mandarin (Native)• Cantonese (Native)• English (Fluent)

Han BaoHaiwen & PartnersUnit 2605, Jing An Kerry Center Tower 1No.1515 Nan Jing West RoadJing’an DistrictShanghai 200040ChinaTel: (86) 21 6043 5070Email: [email protected]: www.haiwen-law.com

C H I N A

Andrea Dorjee-Good is a Partner in Schellenberg Wittmer’s Zurichoffice, where she heads the Private Wealth group. She is a certifiedspecialist in inheritance law and advises private clients on all aspects ofestate and succession planning, including pre- and post-nuptialagreements, wills, succession pacts, lasting powers of attorney, trustsand foundations. Her practice areas further include contentious estatesand she regularly represents clients in complex trust and estatedisputes.

Some recent examples of Andrea’s expertise in private client mattersinclude advising members of an international family on successionplanning and structuring for their jointly owned family business andrepresenting one of several heirs in a complex cross-borderinternational trust and estate dispute involving a major family ownedbusiness.

Andrea is a member of several professional associations, including theSwiss Bar Association, the Zurich Bar Association, the InternationalAssociation of Young Lawyers (AIJA) and the Society of Trust andEstate Practitioners (STEP). She regularly publishes and speaks in herfield of specialisation.

Andrea graduated from the University of St Gallen School of Law (lic.iur. 2004) and was admitted to the Swiss Bar in 2007. She joinedSchellenberg Wittmer as a trainee in 2004 and, after gaining courtexperience as a clerk at the District Court of Winterthur, she rejoinedthe firm as an associate in 2007, she was promoted to counsel in 2013and became a partner in 2020. Andrea obtained a diploma withdistinction in international trust management from STEP in 2014 andqualified as a Certified Specialist SBA Inheritance Law in 2019.

Andrea Dorjee-GoodSchellenberg WittmerLöwenstrasse 19PO Box 22018021 ZurichSwitzerlandTel: (41) 44 215 5252Email: [email protected]: www.swlegal.ch



TRUSTS AND ESTATES ATTORNEY BIOGRAPHIES

Kerry O’Rourke Perri leads the Private Wealth & Family Officespractice at White & Case. Her clients include domestic and cross-border individuals and families, fiduciaries, family offices, financialinstitutions and tax-exempt organizations.

As part of her comprehensive practice, Kerry advises on estate,succession and pre-liquidity event planning, the creation andadministration of private trust companies, family offices and trusts,asset protection, pre-immigration planning, charitable giving, theformation and administration of tax-exempt organizations, trust- andestate-related litigation, issues involving special assets such as art andclosely-held businesses, and related transactional matters.

Clients benefit from Kerry’s distinctive experience acquired bothduring her 18-month secondment to the wealth management divisionof one of the world’s largest banks and prior to attending law school.Kerry previously worked as an investment banker at Morgan Stanley,where she advised health care companies on M&A and capital marketstransactions, and at Accenture in the Office of the CFO, where sheevaluated and executed strategic corporate transactions and financialprojects.

Kerry is a frequent writer and speaker. She is recognized in Chambersand Partners’ High Net Worth guide as an Up and Coming lawyer forNew York Private Wealth Law. She is also listed as a Leadingpractitioner for Trusts and Estates by Euromoney’s Women in BusinessLaw Expert Guide, 2019-2021. In 2021, she was shortlisted forEuromoney Legal Media Group’s 2021 Women in Business Law “Best inWealth Management” Award and previously appeared on the shortlistfor the organization’s “Rising Star” in Tax award. Kerry has beenquoted in The Wall Street Journal and the Financial Times on tax andwealth management issues.

Kerry O’Rourke Perri White & Case LLP1221 Avenue of the AmericasNew York 10020-1095USTel: (1) 212 819 7918Email: [email protected]: www.whitecase.com



EXPERT LISTINGS TRUSTS AND ESTATES

B E L G I UMSaskia LustLoyens & LoeffBrussels

B E RMU DAVanessa SchrumApplebyHamilton

B R A Z I LNicole Najjar Prado de OliveiraMattos FilhoSão Paulo

B R I T I S HV I R G I NI S L A N D SHélène Anne LewisSimonetteLewisRoad Town

C ANADAMaureen BerryFaskenToronto

Rachel L BlumenfeldAird & BerlisToronto

Margaret O’SullivanO’Sullivan Estate LawyersToronto

Rosanne T RocchiMiller ThomsonToronto

Carmen S Thériault QCNorton Rose FulbrightVancouver

Corina S WeiglFaskenToronto

C AYMANI S L A N D SBernadette CareyCarey OlsenCayman Islands

Morven McMillanMaples GroupGrand Cayman

Rachael ReynoldsOgierCayman Islands

C H ANN E LI S L A N D SSally EdwardsOgierJersey

Siobhan RileyCarey OlsenJersey

C H I N AHan Bao See bioHaiwen & PartnersShanghai

D E NMA R KSys RovsingRovsing & GammeljordCopenhagen

F R AN C EStéphanie AuferilArkwood SCPParis

Line-Alexa GlotinUGGC AvocatsParis

HONG KONGS A RPatricia WooSquire Patton BoggsHong Kong

I R E L A N DAnne CorriganArthur CoxDublin

Nora LillisGartlan FureyDublin

Susan O’ConnellO’Connell Brennan SolicitorsDublin

L U X EM BOU RGSimone RetterRetter AttorneysLuxembourg

S I N G A PO R EStacy ChoongWithers KhattarWongSingapore

Dawn QuekWong & LeowSingapore

Bock Eng SimWongPartnershipSingapore

Valerie WuPinsent MasonsSingapore

S PA I NPatricia García MedieroAvantia Asesoramiento Fiscal y LegalMadrid

SW I T Z E R L A N DAndrea Dorjee-Good See bioSchellenberg WittmerZurich

Patricia GuerraMeyerlustenberger LachenalZurich

Justine MarkovitzWithersworldwideGeneva


TRUSTS AND ESTATES EXPERT LISTINGS

Natalie PeterBlum&Grob Attorneys at LawZurich

Kinga M WeissWalder WyssZurich

Tina WüstemannBär & KarrerZurich

Alexandra ZeiterStrazzer Zeiter RechtsanwälteZurich

UN I T E DK I N G DOMTracey Angus QC5 Stone BuildingsLondon

Alison BroadberryEdwin CoeLondon

Katherine BullockField Court Tax ChambersLondon

Rebecca FisherRussell CookeLondon

Ceris GardnerMaurice Turnor GardnerLondon

Lucy GibsonSinclair GibsonLondon

Dawn GoodmanWithersworldwideLondon

Roberta HarveyForstersLondon

Natasha HassallBoodle HatfieldLondon

Sofie HoffmanHarbottle & LewisLondon

Emma JordanTaylor WessingLondon

Marianne KafenaHarbottle & LewisLondon

Eleanor KerrShepherd and WedderburnGlasgow

Sue LaingBoodle HatfieldLondon

Suzanne MarriottCharles Russell SpeechlysLondon

Clare MauriceMaurice Turnor GardnerLondon

Alison MeekSinclair GibsonLondon

Helen RatcliffeBDB PitmansLondon

Penelope Reed QC5 Stone BuildingsLondon

Suzanne M ReismanLaw Offices of Suzanne M ReismanLondon

Catriona SyedCharles Russell SpeechlysLondon

Sarah von SchmidtFarrer & CoLondon

Shân Warnock-Smith QC5 Stone BuildingsLondon

Penelope WarrWithersworldwideLondon

Andrea ZavosBoodle HatfieldLondon

UN I T E D S TAT E SSusan L AbbottGoodwinBoston

Patricia M AnninoRimonBoston

Dyke ArboneauxHarrison & HeldChicago

Susan T BartSchiff HardinChicago

Leigh-Alexandra BashaMcDermott Will & EmeryWashington DC

Leah M BishopLoeb & LoebLos Angeles

Deborah D CochranCochran AllanTysons Corner

Christen K DouglasMcDermott Will & EmeryNew York

Magda Lukl FlecknerGoulston & StorrsBoston

A Silvana GinerChoate Hall & StewartBoston

Cheryl E HaderReed SmithNew York

Rachel J HarrisLoeb & LoebLos Angeles

Stephanie HeilbornProskauer RoseNew York

Amy E HellerSkadden Arps Slate Meagher & FlomNew York

Linda B HirschsonGreenberg TraurigNew York


EXPERT LISTINGS TRUSTS AND ESTATES

Loretta A IppolitoPaul Weiss Rifkind Wharton & GarrisonNew York

Carol A JohnstonKatten Muchin RosenmanLos Angeles

Shari A LevitanHolland & KnightBoston

Mary Ann ManciniLoeb & LoebWashington DC

Katarinna McBrideHarrison & HeldChicago

Jennifer J McCallPillsbury Winthrop Shaw PittmanPalo Alto/New York

Michele A W McKinnonMcGuireWoodsRichmond

Michele M MulrooneyVenableLos Angeles/San Francisco

Amy B NaughtonLourie & CutlerBoston

Jeanne L NewlonVenableWashington DC

Mary P O’ReillyMeltze LippeMineola

Kerry O’Rourke Perri See bioWhite & CaseNew York

Nicole M PearlMcDermott Will & EmeryLos Angeles

Dina Kapur SannaDay PitneyNew York

Beth Shapiro KaufmanCaplin & DrysdaleWashington DC

Georgiana J SladeMilbankNew York

Vivian Lee ThoreenHolland & KnightLos Angeles/San Francisco

Laura M TwomeySimpson Thacher & BartlettNew York

Diana SC ZeydelGreenberg TraurigMiami



WH I T E C O L L A R C R I M E


ATTORNEY BIOGRAPHIES WHITE COLLAR CRIME

Karen Reynolds is a partner in the Commercial Litigation and DisputeResolution Department at Matheson, and co-head of the firm’sRegulatory and Investigations Group.

Karen has a broad financial services and commercial disputeresolution practice. She has over ten years’ experience of providingstrategic advice and dispute resolution to financial institutions,financial services providers, domestic and internationally focusedcompanies and regulated entities and persons. She advises clients inrelation to contentious regulatory matters, investigations, inquiries,compliance and governance related matters, white collar crime andcorporate offences, commercial and financial services disputes, anti-corruption and bribery legislation and document disclosure issues.

Karen has a reputation for expertly guiding clients through thecomplexities and sensitivities of all manner of contentious disputes,including in Commercial Court, Court of Appeal and Supreme Courtproceedings. Her clients include domestic and internationalcompanies, directors, senior managers and controlled functionholders, financial institutions, insurers and reinsurers, fund managers,insolvency practitioners, shareholders and creditors. Karen hassubstantial experience in corporate restructuring and insolvency lawmatters, having had a lead role in some of the most high profilecorporate rescue transactions of the last ten years. She advisesliquidators, regulators, directors and insolvency practitioners inrelation to corporate offences and investigations, shareholder rightsand remedies, directors’ duties, including in relation to fraudulentand reckless trading and disqualification and restriction proceedings.

Karen is a member of the Law Society of Ireland, admitted 2009.Karen was named as a “Highly Regarded Individual” in the 2018edition of the IFLR 1000, with “attention to detail, work ethic and herconstant drive to get the best result for her clients”.

Experience Highlights• Acting for an investment holding company in connection withCommercial Court proceedings arising from a shareholderdispute, including in relation to an appeal to the Court of Appeal.

• Acting for one of the largest international banks in defendingmulti-million dollar claims made in multiple fund and relatedinvestor Commercial Court proceedings arising out of the fraud ofBernard L Madoff Investment Securities.

• Acting for financial services providers in relation to administrativesanctions investigations under the Central Bank’s enhancedregulatory enforcement regime.

• Acting for an entity regulated under the Central Bank Act inrelation to a large scale remediation project and advising inrelation to Central Bank investigation and enforcement actionthereafter.

Karen ReynoldsMatheson70 Sir John Rogerson’s QuayDublin 2IrelandTel: (353) 1 232 2759Email: [email protected]: www.matheson.com

I R E L A N D

Clara Poglia is a partner in Schellenberg Wittmer’s Geneva office,where she co-heads the dispute resolution group. Clara’s key areas ofexpertise and practice focus on white-collar crime, internationalmutual legal assistance both in criminal and tax matters, extradition,asset tracing and recovery, and internal corporate investigations. Clarais also specialised in regulatory and compliance issues. Clara regularlyacts as counsel for both individuals and prominent corporate entitiesin criminal and administrative proceedings before cantonal andfederal authorities and courts, including the Swiss Supreme Court.

Some of Clara’s expertise includes: representation of a businessman inthe frame of domestic criminal proceedings for alleged fundsmismanagement and money laundering and assistance in the lifting ofa freezing order targeting more than US$900 million; representation ofa high ranked individual of a financial institution in the context ofcriminal proceedings related to the violation of regulatory duties; andrepresentation of a foreign company in the context of criminalproceedings dealt by the Federal Prosecutor Office for alleged moneylaundering of VAT carousel fraud’s proceeds.

In 2018 Clara was recognised in the Global Investigation Review’s(GIR) Women in Investigations List. In 2020, Clara was recognised inthe GIR’S 40 under 40 list.

Clara is the chapter leader and co-founder of the Women in WhiteCollar Defense Association’s Swiss chapter.

Clara PogliaSchellenberg Wittmer15bis, rue des AlpesPO Box 20881211 GenevaSwitzerlandTel: (41) 22 707 8000Email: [email protected]: www.swlegal.ch



WHITE COLLAR CRIME ATTORNEY BIOGRAPHIES

Betty Santangelo joined Schulte Roth & Zabel as a partner in 1997. Shefocuses her practice on white-collar criminal defense andsecurities/bank enforcement. A former Assistant U.S. Attorney for theSouthern District of New York where she specialized in securities andcommodities fraud prosecutions, her practice includes representingfinancial institutions (banks, broker-dealers, mutual funds, FCMs,insurance companies, investment advisers, hedge funds and privateequity funds), other corporate entities and individuals in mattersbrought by the U.S. Attorneys’ offices, by various regulatory agencies,including the SEC, the bank regulatory agencies, the CFTC, FINRA,international regulators and state and local prosecutors. Betty also hassignificant experience conducting internal investigations for theseentities. In addition, she has served as an independent consultant inSEC enforcement matters examining both the NYSE and a regionalbroker-dealer. Prior to joining SRZ, Betty served as First Vice Presidentand Assistant General Counsel for Merrill Lynch, where she managedthe firm’s securities and criminal regulatory investigations group andrepresented the firm and its employees in enforcement proceedingsbefore federal and state regulatory agencies, and in criminal mattersbefore U.S. Attorneys’ offices and state prosecutors, as well as in foreignjurisdictions.

Betty is nationally recognized and a sought-after speaker for herexpertise in corporate compliance issues, including anti-moneylaundering, OFAC and FCPA. She has extensive experience advising inthese areas, including for business transactions. In addition toInternational Who’s Who of Business Crime Defence Lawyers, she islisted in Best Lawyers in America, Expert Guide to the World’s LeadingWomen in Business Law and The Legal 500 US, among other leadingdirectories. Among her many professional activities, she has served asthe Securities and Futures Industry’s representative on the BankSecrecy Act Advisory Group of the U.S. Department of the Treasuryand for over 10 years as counsel to the Securities Industry andFinancial Markets Association’s Anti-Money Laundering and FinancialCrimes Committee. In 2014, SIFMA honored her for her extraordinarycontributions to the committee and recognized her dedication toimproving industry compliance. In 1998, the Financial CrimesEnforcement Network of the Treasury Department awarded her itsDirector’s Medal for Exceptional Service. That same year, sherepresented the U.S. securities industry at the Financial Action TaskForce (FATF) meeting in Brussels. In 2002, she represented SIFMA, theFutures Industry Association and the Investment Company Institute atthe FATF meeting in Paris.

Betty is a graduate of Fordham University School of Law and TrinityCollege, where she participated in its honors program at the Universityof Oxford. Among her personal activities, Betty is a member of theBoard of the National Organization of Italian American Women,where she previously served as a chair of the organization.

Betty SantangeloSchulte Roth & Zabel919 Third AvenueNew York 10022USTel: (1) 212 756 2587Email: [email protected]: www.srz.com


Antonia M Apps is a partner in Milbank’s New York office and amember of the firm’s Litigation & Arbitration Group. A former federalprosecutor, she is a nationally recognized trial lawyer with experiencein criminal and civil matters. She has represented public companies,private equity firms, hedge funds and high-level executives facing bet-the-company government investigations and billion-dollarcommercial litigation.

Prior to joining Milbank, Antonia served as an Assistant United StatesAttorney for the Southern District of New York, where she led many ofthe government’s highest-profile securities fraud and insider tradingcases, including the prosecution of the hedge fund S.A.C. CapitalAdvisors, L.P. As a member of the Securities and Commodities FraudTask Force, she investigated and prosecuted a wide range of financialindustry cases involving investment fraud, accounting fraud, broker-dealer fraud, market manipulation, fraud stemming from the sale ofRMBS and CDOs, money laundering and obstruction. Antoniaprosecuted more than 20 insider trading defendants and triednumerous securities fraud trials. She also argued several appeals in theSecond Circuit, including the landmark case of U.S. v. Newman, forwhich she was the lead prosecutor at trial and on appeal. In 2014,Antonia received the Executive Office of US Attorneys’ Director’sAward for Superior Performance.

Antonia is ranked in Chambers USA (Band 2), where clients havedescribed her as a “terrific trial lawyer” who “understands thedifficulties of the world we live in” and gives “advice tailored to apractical approach.” Lawdragon has named Antonia in its list of 500Leading Lawyers in America each year since 2014. She was named a2020 Litigation Trailblazer by The National Law Journal, whichrecognizes lawyers who have made significant impact on legal practice,policy or technological advancements. In 2019, Antonia was named inCrain’s New York Business’ “Notable Women in Law” list in recognitionof her distinguished career and exceptional civic and philanthropicactivities.

She serves on the Board of the Office of Appellate Defender (OAD), anon-profit organization that works to provide high-quality, post-conviction representation to indigent individuals, and supportsMilbank’s pro bono work with the OAD. She was appointed under theCriminal Justice Act by the Board of Judges of the Southern District ofNew York to represent indigent defendants in federal criminal trials inwhich the Federal Defender has a conflict.

Antonia has authored numerous articles in industry publications andis regularly quoted in news articles. She is a frequent speaker atindustry conferences convened by the Securities Industry FinancialMarkets Association, American Bar Association, New York City BarAssociation and the Practising Law Institute. She also teaches a class atHarvard Law School on White Collar Criminal Law and Procedure.

Antonia M AppsMilbank55 Hudson YardsNew York 10001-2163USTel: (1) 212 530 5357Email: [email protected]: www.milbank.com



EXPERT LISTINGS WHITE COLLAR CRIME

AU S T R A L I AElizabeth MacknayHerbert Smith FreehillsPerth

Rachel NicolsonAllensMelbourne

B R A Z I LIsadora FingermannTozziniFreire AdvogadosSão Paulo

Ludmila GrochLefosse AdvogadosSão Paulo

C ANADAMarie HeneinHenein HutchisonToronto

C H I N ABingna GuoWhite & CaseBeijing/Shanghai

Kate YinFangda PartnersBeijing

C Z E C HR E P U B L I CJitka LogesováWolf TheissPrague

F R AN C ESophie ScemlaGide Loyrette NouelParis

G E RMAN YJudith AronDentonsBerlin

Simone KämpferFreshfields Bruckhaus DeringerDüsseldorf

Barbara LivoniusLIVONIUS RechtsanwälteFrankfurt am Main

Regina MichalkeHammPartner RechtsanwälteFrankfurt am Main

Stefanie Schottkipper+durthDarmstadt

Sabine StetterStetterMunich

Renate VerjansVBB RechtsanwälteDüsseldorf

Anne WehnertThomas Deckers Wehnert ElsnerDüsseldorf

HONG KONGS A RKelly S AustinGibson Dunn & CrutcherHong Kong

Anita ChowMorley Chow SetoHong Kong

Charlotte Draycott SCCentral ChambersHong Kong

Cori A LableKirkland & EllisHong Kong

Yuet Ming ThamSidley AustinHong Kong/Singapore

Mini vandePolBaker McKenzieHong Kong

Maggie Wong SCPlowman ChambersHong Kong

Wendy WysongSteptoe & JohnsonHong Kong/Washington DC

I N D I AAlina AroraShardul Amarchand Mangaldas & CoNew Delhi

Shiraz PatodiaDua AssociatesNew Delhi

I R E L A N DAudrey ByrneMcCann FitzGeraldDublin

Louise ByrneA&L GoodbodyDublin

Karen Reynolds See bioMathesonDublin

I S R A E LHila ShimonGornitzky & CoTel Aviv

I TA L YIlaria CurtiPortolano CavalloRome

Francesca PetronioDelfino e Associati Willkie Farr &GallagherMilan

Raffaella QuintanaDLA PiperRome

N E T H E R L AN D SMarike BakkerNautaDutilhAmsterdam


WHITE COLLAR CRIME EXPERT LISTINGS

Jacqueline van den BoschIvy Corporate Defence & InvestigationsAmsterdam

Lisa van der WalDe Roos & PenAmsterdam

NO RWAYHege Birkeland ErsdalSANDSOslo

Nadia Christina HallAdvokatfirmaet EldenOslo

P O L AN DKarina Aust-NiewiadomskaRymarz ZdortWarsaw

S I N G A PO R EGeorgia DawsonFreshfields Bruckhaus DeringerSingapore/London

SW I T Z E R L A N DSonja Maeder MorvantReiser AvocatsGeneva

Clara Poglia See bioSchellenberg WittmerGeneva

UN I T E D A R A BEM I R AT E SSheila L ShadmandJones DayDubai

UN I T E DK I N G DOMCaroline BlackDechertLondon

Christine BraamskampJenner & BlockLondon

Susannah CogmanHerbert Smith FreehillsLondon

Cindy DorringtonBivonas LawLondon

Sara GeorgeSidley AustinLondon

Eve GilesAllen & OveryLondon

Jane GlassBCL SolicitorsLondon

Kathleen HarrisArnold & PorterLondon

Alexandra Healy QCFoundry ChambersLondon

Miranda Hill6KBWLondon

Louise HodgesKingsley NapleyLondon

Hannah LamingPeters & PetersLondon

Joanna LudlamBaker McKenzieLondon

Helen McDowellPeters & PetersLondon

Clare Montgomery QCMatrix ChambersLondon

Anne-Marie OttawayGreenberg TraurigLondon

Alison Pople QCCloth Fair ChambersLondon

Jo RickardsMishcon de ReyaLondon

Elizabeth RobertsonSkadden Arps Slate Meagher & FlomLondon

Judith SeddonRopes & GrayLondon

Jane ShvetsDebevoise & PlimptonLondon

Clare Sibson QCCloth Fair ChambersLondon

UN I T E D S TAT E SAntonia M Apps See bioMilbankNew York

Cristina C ArguedasArguedas Cassman Headley & GoldmanBerkeley

Jodi L AvergunCadwalader Wickersham & TaftWashington DC

Martine M BeamonDavis Polk & WardwellNew York

Suzanne Jaffe BloomWinston & StrawnNew York

Martha BoerschBoersch & IllovskyOakland

Susan BozorgiBozorgi LawMiami

Sharie A BrownTroutman SandersWashington DC

Patricia Brown HolmesRiley Safer Holmes & CancilaChicago

Susan E BruneBrune LawNew York


EXPERT LISTINGS WHITE COLLAR CRIME

Angela T BurgessDavis Polk & WardwellNew York

Helen V CantwellDebevoise & PlimptonNew York

Jennnifer L ChuniasGoodwinBoston

Nanci L ClarenceClarence Dyer & CohenSan Francisco

Carrie H CohenMorrison & FoersterNew York

Colleen A ConryRopes & GrayWashington DC

Sarah CoyneWeil Gotshal & MangesNew York

Brooke E CucinellaSimpson Thacher & BartlettNew York

Demme DoufekiasMorrison & FoersterWashington DC

Laurie EdelsteinJenner & BlockSan Francisco

Christina M EganMcGuireWoodsChicago

Palmina M FavaVinson & ElkinsNew York

Alice S FisherLatham & WatkinsWashington DC

Tara K GiuntaPaul HastingsWashington DC

Katherine Rachel GoldsteinAkin Gump Strauss Hauer & FeldNew York

Helen GreddLankler Siffert & WohlNew York

Phara Serle GubermanPaul HastingsNew York

Joanna C HendonAlston & BirdNew York

Karen P HewittJones DaySan Diego

Michele HirshmanPaul Weiss Rifkind Wharton & GarrisonNew York

Dani R JamesKramer Levin Naftalis & FrankelNew York

Pamela L JohnstonFoley & LardnerLos Angeles

Noreen A KellyMcGuireWoodsNew York

Nancy KestenbaumCovington & BurlingNew York

Isabelle A KirshnerClayman & RosenbergNew York

Kristin Graham KoehlerSidley AustinWashington DC

Carolyn KubotaCovington & BurlingLos Angeles

Janet I LevineKendall Brill & KellyLos Angeles

Jan Nielsen LittleKeker Van Nest & PetersSan Francisco

Loretta E LynchPaul Weiss Rifkind Wharton & GarrisonNew York

Colleen P MahoneySkadden Arps Slate Meagher & FlomWashington DC

Nina MarinoKaplan & MarinoBeverly Hills

Tatiana R MartinsDavis Polk & WardwellNew York

Mary McNamaraSwanson & McNamaraSan Francisco

Carolyn Fitzhugh McNivenGreenberg TraurigSan Francisco

Amy E MillardClayman & RosenbergNew York

Jane W MoscowitzMoscowitz & MoscowitzCoral Gables

Mary E MulliganFriedman Kaplan Seiler & AdelmanNew York

Susan R NechelesHafetz & NechelesNew York

Lynn A NeilsBaker BottsNew York

Kimberly A ParkerWilmerHaleWashington DC

Marjorie J PeerceBallard SpahrNew York

Patricia A PileggiSchiff HardinNew York

Karen A PoppSidley AustinWashington DC

Jane Serene RaskinRaskin & RaskinMiami

Catherine ReckerWelsh & ReckerPhiladelphia

Jeannie S RheePaul Weiss Rifkind Wharton & GarrisonWashington DC

Betty Santangelo See bioSchulte Roth & ZabelNew York


WHITE COLLAR CRIME EXPERT LISTINGS

Michele W SartoriHogan LovellsWashington DC

Cheryl J ScarboroSimpson Thacher & BartlettWashington DC

Alexandra A E ShapiroShapiro Arato BachNew York

Erin G H SloaneWilmerHaleNew York

Jocelyn E StrauberSkadden Arps Slate Meagher & FlomNew York

Jacqueline C WolffManatt Phelps & PhillipsNew York

27 years , e xpe rience

WOMEN IN BUSINESS LAW

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