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End of Year Review December 2010 Corporate INTL 49 p. 51 BVCA p. 51 Hoxha, Memi & Hoxha (Albania) p.52 BLS Rechtsanwälte Boller Langhammer Schubert KG (Austria) p.52 Bilanz-Data Wirtschaftstreuhand GmbH (Austria) p.53 Intercorp Group (Brazil) p.54 King and Wood (China) p.55 George Y. Yiangou & Co (Cyprus) p.57 Christodoulos G. Vassiliades & Co (Cyprus) p.57 Hemmelrath & Partners (Germany) p.58 KUHNEN & WACKER (Germany) p.58 Oussi Law Firm (Syria) p.59 Raupach & Wollert-Elmendorff (Germany) p.60 Bentsi-Enchill, Letsa & Ankomah (Ghana) p. 61 Gerassimou & Partners (Greece) p.61 Collas Day (Guernsey) p.63 Tatva Legal (India) Contents End of Year Review Our End of Year Review profiles firms that deserve a special recognition for their excellence in dealing with the global financial crisis and its consequences. As a result of the economic downturn numerous organisations have suffered severely in the last 12 months. Many of them, instead of developing, could only do enough to survive. However, among them there are firms which not only have managed to survive but have achieved successes in the extremely difficult times. There is not any general recipe for success, as firms in varied jurisdictions have dealt with the economic crisis differently, but professionalism, quality of services and client care seem to be the main factors that allowed those firms to maintain their high position in the market. These values have always been appreciated most and it has been proven in the course of 2010. Building on the success of the recent months, many of the firms are already preparing for the challenges of the coming year. A growth strategy is employed by many of them and expansion to other countries or even continents is an important point on their agenda. Despite the tough financial conditions, 2010 has seen a number of significant transactions. Corporate INTL is also proud to present Deals of the Year.
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Page 1: End of Year Review - BLS Rechtsanwälte · p.63 Tatva Legal (India) Contents End of Year Review Our End of Year Review profiles firms that deserve a special recognition for their

End of Year Review

December 2010 Corporate INTL 49

p. 51 BVCA

p. 51 Hoxha, Memi & Hoxha (Albania)

p.52 BLS Rechtsanwälte Boller Langhammer Schubert KG (Austria)

p.52 Bilanz-Data Wirtschaftstreuhand GmbH (Austria)

p.53 Intercorp Group (Brazil)

p.54 King and Wood (China)

p.55 George Y. Yiangou & Co (Cyprus)

p.57 Christodoulos G. Vassiliades & Co (Cyprus)

p.57 Hemmelrath & Partners (Germany)

p.58 KUHNEN & WACKER (Germany)

p.58 Oussi Law Firm (Syria)

p.59 Raupach & Wollert-Elmendorff (Germany)

p.60 Bentsi-Enchill, Letsa & Ankomah (Ghana)

p. 61 Gerassimou & Partners (Greece)

p.61 Collas Day (Guernsey)

p.63 Tatva Legal (India)

Contents

End of Year Review Our End of Year Review profiles firms that deserve a special recognition for their excellence in dealing with the global financial crisis and its consequences.

As a result of the economic downturn numerous organisations have suffered severely in the last 12 months. Many of them, instead of developing, could only do enough to survive. However, among them there are firms which not only have managed to survive but have achieved successes in the extremely difficult times.

There is not any general recipe for success, as firms in varied jurisdictions have dealt with the economic crisis differently, but professionalism, quality of services and client care seem to be the main factors that allowed those firms to maintain their high position in the market. These values have always been appreciated most and it has been proven in the course of 2010.

Building on the success of the recent months, many of the firms are already preparing for the challenges of the coming year. A growth strategy is employed by many of them and expansion to other countries or even continents is an important point on their agenda.

Despite the tough financial conditions, 2010 has seen a number of significant transactions. Corporate INTL is also proud to present Deals of the Year.

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50 Corporate INTL December 2010

End of Year Review

December 2010 Corporate INTL 51

HM&H is an Albanian law firm focused on rendering high standard legal advice mainly to foreign and local investors and commercial companies. Founded in December 2003, the firm has since provided a wide range of legal services to prominent domestic and international clients, thus acquiring an ever-growing reputation for professionalism and diligence.

The firm is mainly specialised in assisting private investors and large domestic and international companies during the performance of busi-ness activity in Albania, but in the recent years it has also developed a strong public law practice offering expertise to international and gov-ernmental institutions in regulatory reform and law drafting initiatives.

In addressing its clients’ business concerns HM&H often collaborates with global law firms, thus offering clients a quality combination of global knowledge and local know-how.

The firm is mostly composed of young, Western-educated and busi-ness-oriented lawyers who have provided a significant competitive advantage to the firm in terms of professionalism and reputation.

The global economic downturn has affected the economic situation in Albania, which resulted in fewer new investment projects during 2010. Nevertheless, HM&H has maintained a stable growth due to the fact that even in the time of the crisis the firm was engaged in several restructuring activities.

Several of the firm’s major clients are developing projects in the energy sector and some of them have started their projects in the insur-

ance-banking sector prior to the crisis. Worth noting is the fact, they have not suffered any direct effect from the economic slowdown. These developments reaffirmed HM&H’s leading position in these two sectors.

Andi Memi, partner at the firm, said: “We have noticed an increase of our income (and billable hours) by a considerable margin for the energy and insurance-banking sector. Keeping in mind that income gener-ated from these two sectors represents almost half of our firm’s yearly income, we would say that 2010 was a year of stable growth for us.”

One of the projects HM&H was involved in during 2010 was the new mandate received by Vienna Insurance Group Austria to perform the legal due diligence and consequently assist the group in the success-ful purchase of 75% of shares of Interalbanian sh.a - a local insurance company. In addition, professionals at the firm have assisted several major banks in guiding clients in various restructuring operations and re-financings in order to cope with the financial downturn.

To sum up, in 2010 the firm and its members have continued to ren-der professional services to several national and international institu-tions, including the Albanian government and international organisa-tions with a local presence, providing assistance in regulatory reforms during the process of drafting policy options, laws and regulation.

Another positive development for the firm was the re-entry in the firm of one of the founding partners, Mr. Eris Hoxha who during the last four years held several public functions, among others that of member of the Albanian Parliament.

Andi Memi – PartnerHoxha, Memi & Hoxha+355 4 2 [email protected]

Albania

p. 63 Carey Olsen (Jersey)

p. 64 Ochieng’, Onyango, Kibet & Ohaga Advocates (Kenya)

p.64 Ernst & Young (Luxembourg)

p. 65 Simon Tortell & Associates (Malta)

p.65 Fenech & Fenech Advocates (Malta)

p. 66 Campos Galvan (Mexico)

p. 66 Uthoff Gomez Vega (Mexico)

p. 67 H. Gamito, Couto, Gonçalves Pereira, Castelo Branco

& Associados (Mozambique)

p. 67 Blandon & Young Attorneys (Panama)

p. 69 Baiao, Castro & Associados (Portugal)

p. 70 Timofeev, Vahrenwald & Partners (Russia)

p.70 Pyprus (Singapore)

p.71 Bojorge & Associates (Spain)

p.71 Poledna Boss Kurer AG (Switzerland)

p.73 Calash (UK)

p.74 Ford & Warren (UK)

p.74 Gates and Partners (UK)

p.75 Dobrusin & Thennisch (US – Michigan)

p.75 Robert R. Redwitz & CO (US - Orange County)

p.76 Fortney Scott (US - Washington DC)

p.76 Windels Marx Lane & Mittendorf (US - New York)

Deals of the Year:

p.56 KBC Business Capital helps Quattro Plant with

£19million loan facility as part of a £25million deal

p.62 STAR acquires Pepcom

p.62 CSF Group admission to AIM

P.68 Bridgepoint acquires HobbyCraft

p.68 Bellzone Mining admission to AIM

p.72 AAC Capital Partners acquires Envirotainer

p.72 Heineken €5.3billion buyout

p.72 Kiri Dyes acquisition of Dystar Group

If you are looking for a pithy summation of the mood of the private eq-uity and venture capital industry at the end of 2010, it is one of cautious optimism. Optimistic because deal flow has improved, exit routes are reopening and even debt is available again. Cautious because fears of a double-dip recession remain and economic growth is far from assured.

In contrast to the barren fields of 2009, the last 12 months have seen a slow but gradual rejuvenation of activity. With all the macro-economic signs pointing in the right direction, buyers became more confident, sell-ers more willing and banks less restrictive with the use of leverage.

The private equity industry has responded in kind. According to the Q3 results from the Centre for Management Buyout Research (CMBOR), the overall value of UK private equity buyouts reached £12.5bn in the first nine months of 2010, more than double the £4.7bn for the whole of 2009. This was largely driven by an increase in deals worth over £500m – there have been five £500m plus deals so far this year compared to only two in 2009.

The exit market too has staged something of a revival. Last year the total value of private equity divestments totalled £2.3bn. In just the first nine months of 2010 this has more than trebled to £7.6bn. By number, there have been 100 exits so far, well on course to surpass last year’s figure of 109.

Whilst these figures should instill a degree of confidence, it is impor-tant not to over-egg the situation. “We are nowhere near the levels of the boom times, and likely will not reach those heights again for years,

if ever. Private equity emerges from the recession a rather different creature from the one that went in. The days of high-leverage are over. Of course there will be large buyout deals in the future, and I am sure we will see a number of high-profile public-to-privates, but these are likely to remain exceptions rather than a trend,” said Simon Walker, Chief Executive of British Venture Capital Association.

Private equity is no longer about financial engineering. Rather, it is the emphasis on creating real value within investee companies through superior management skills and the pursuit of operational excellence which will define the industry in the years ahead. This is not a new approach. Private equity is in fact getting back to its roots - this means buying companies, investing in them, building them and improving them.

Private equity’s ability to take the long-term view is crucial as the world’s economy enters a new period of growth. The operational and management skills British industry possesses - combined with the innovation and entrepreneurship supported by venture capital -can play a vital role in supporting the UK economy as it begins a new period of growth.

This is an exciting time for private equity, a chance for it to make a real difference to the fortunes of companies and economies across the country and the world. Yes, there will be obstacles on the road to suc-cess, but there will be opportunities too. “I for one am confident that the private equity and venture capital industry has a bright future ahead of it,” summed up Mr Walker.

Simon WalkerBVCAChief Executive +44 (0)20 7420 [email protected]

UK

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52 Corporate INTL December 2010

End of Year Review

December 2010 Corporate INTL 53

Bilanz-Data Wirtschaftstreuhand GmbH is a Certified Tax Law and Accounting Office established in 1987. The founder of the office, Erich Baier, made his practice years in a large accounting firm already during his studies at the University of Economics and Business Administra-tion in Vienna. Having successfully passed his professional exams the Austrian Ministry of Economic Affairs awarded him the title of Certified Tax Advisor.

Bilanz-Data Wirtschaftstreuhand GmbH provides sophisticated and creative domestic and cross-border tax planning services together with the full range of corporate services. Confronted with a rapidly changing world of taxes and business situations the firm’s clients can rely on its experience in these areas. The clients appreciate that the firm anticipates their demands and makes them aware of possible obstacles before they are confronted with them. The firm acts more as a tax boutique rather than a department store and this very personal relationship with the clients is mostly welcomed by them.

The main services provided for the clients include: financial accounting , annual accounts and tax returns, corporate and individual tax planning, inheritance and gift tax planning, corporate reorganisations, mergers, tax litigation, representation of clients in front of tax authorities, working out and obtaining advance tax rulings with respect to the tax consequences of planned transactions, VAT matters, tax aspects of the establishment of companies and corporations, fiduciary services, nominee and trustee services, and administration services.

In recent months Bilanz-Data Wirtschaftstreuhand GmbH worked, inter alia, on tax free repatriation of significant funds held off-shore and

needed for investments into enterprises owned by the client; Sharia compliant structuring of an Austrian Private Foundation; cross-border structuring leading to tax exempt income for Arab clients in cooperation with the tax administration and with their approval.

Clients of the firm can rely on fast and professional consulting, thanks to extensive experience of the firm’s CEO, Erich Baier. Mr. Baier is member of international associations of accountants and tax-lawyers with 100 offices in more than 25 countries around the world. For instance, he is sustaining member of the American Tax Institute in Europe and Deputy President of the Commission on Inheritance and Estate Tax within the International Association of Lawyers. He is also member of the International Bar Association and of the National Association of Tax Practitioners in the USA and is member of the Global Advisory Committee of the Asia Offshore Association in regard of Austria.

Mr. Baier served also as speaker at international conferences for the last 15 years. Additionally, Mr. Baier gave lectures at the University of Economics and Business Administration in Vienna on international taxation and contributed to a book, published in 1995 in Austria, dealing with the fiscal aspects of M&A, seen from the domestic and international perspective.

Following an invitation of Kluwer International Ltd., an interna-tional editor of tax related books and magazines, Mr. Baier is con-tributing to a publication on inheritance tax planning. Furthermore, he contributed to a loose-leaf series on international succession laws published by Tolleys in May 2002 and also to a loose-leaf series on Taxation of International Sportsmen, published by NOLOT BV.

AustriaErich BaierChief Executive OfficerBilanz-Data Wirtschaftstreuhand GmbH+43 1 516 [email protected]

The Intercorp Group was established in 2009 under the supervision of Leonardo Braune.

Mr Braune, for the last 16 years, has acted as a consultant in the areas of International Tax Consulting, Real Estate Planning and Asset Protection. Mr Braune began his career at Arthur Andersen as a trainee; where he went on to become a Senior Manager in the tax consulting area.

The Intercorp Group is a consulting firm specialising in Tax, Estate Planning and Fiduciary structures.

Mr Braune explained that the firm’s primary purpose is to facilitate the development of projects for its clients.

“Our job is to define and allocate qualified coordinators, who will act in advisory / consulting. These coordinators have access to an international network of specialists and are responsible for ‘playing the role of the client’, clarifying questions and giving suggestions and practical solutions to their problems,” he said.

Intercorp’s main office is in Rio de Janeiro, Brazil; the firm also has a representative office in Miami, Florida.

“Our specialists deeply understand the Brazilian Tax environment as well as the Tax System,” Mr Braune said. “Therefore, we can help the clients in their tax efficiency program and guide them throughout the process of implementation of any tax planning structure.”

It would appear that the key differential for the Intercorp Group is its innate ability to fully understand clients’ needs and represent its clients’ interests in a completely independent manner.

“We will work with the client and then with experts in many jurisdictions in order to provide the best and most efficient structure available,” Mr Braune added.

Mr Braune also explained out that one of the firm’s main focuses for

2010 / 2011 is on wealth preservation. He said: “Our specialists are committed to creating practical

solutions and innovative asset management, and working towards a solid relationship and trust with our clients; and our international network of relationships allows the analysis of the family assets regardless of where the members of the family are located, thus pro-viding targeted solutions to the real situation.”

Indeed, with the advice of Intercorp experts, clients can design a strategy for financial management, reviewing the main points as succession planning, tax efficiency and optimizing the overall management of the assets.

Mr Braune said: “After a careful analysis of needs and interests, our experts outline a strategic plan for clients by offering solutions to manage their assets in accordance with the goals set for each indi-vidual or family.”

Furthermore, Intercorp’s Estate Planning team is highly com-mitted to keeping their clients updated on the legislative and regulatory changes in Brazil, which could “interfere” in wealth management.

Brazil taxes both individuals and corporations on a worldwide basis. Therefore, as Mr Braune pointed out, proper planning is extremely important for an efficient process.

“The changes in the international tax regimes have certainly pro-duced a significant impact in Brazil. Proper planning is necessary to continue to be tax efficient since there have been constant and frequent changes in the desperate need to collect more and more tax and there-fore taxpayers need to be able to plan ahead,” Mr Braune concluded.

Leonardo BrauneManaging DirectorIntercorp Group +55 21 3282 [email protected]

Brazil

“OUR SPECIALISTS DEEPLY UNDERSTAND THE BRAzILIAN TAx ENVIRONMENT AS WELL AS THE TAx SYSTEM. THEREFORE, WE CAN HELP THE CLIENTS IN THEIR TAx EFFICIENCY PROGRAM AND GUIDE THEM THROUGHOUT THE PROCESS OF IMPLEMENTATION OF ANY TAx PLANNING STRUCTURE.”

“PROPER PLANNING IS NECESSARY TO CONTINUE TO BE TAx EFFICIENT SINCE THERE HAVE BEEN CONSTANT AND FREQUENT CHANGES IN THE DESPERATE NEED TO COLLECT MORE AND MORE TAx AND THEREFORETAxPAYERS NEED TO BE ABLE TO PLAN AHEAD.”

BLS Attorneys at Law is a medium-sized law firm centrally based in Vienna with a highly qualified and specialised team of 13 lawyers. The firm was founded in 1974 and covers all areas of law, with its main focus on corporate and commercial law, as well as litigation.

The firm’s other major practice areas include insurance law, real estate law, employment law and insolvency law. The firm also has a team spe-cialised in debt collection.

BLS’s clients range from SMES to some of the largest corporations worldwide, and include wealthy individuals requesting legal services. Dr Thomas Boller, attorney-at-law, commented: “Our lawyers always ensure that their advice is practical and innovative and they especially attach importance that work is performed on time and on budget. BLS continu-ously keeps growing. BLS works closely with a number of correspondent lawyers throughout Europe and overseas to serve the needs of its clients. Our partners are often able to give immediate advice to manifold legal questions relating to various areas of law, taking advantage of the enor-mous know-how existing at the firm.”

BLS counts a vast number of insurance companies as its clients. Dr Boller added: “Due to our distinguished knowhow in insurance law, we were mandated with a high number of major claim cases lately, such as directors and officers (D&O) liabilities in a publicly listed stock corpora-tion, explosions in the Netherlands in two different cases, the devastation of a well known Austrian paper factory caused by fire, etc.”

The firm faces a rising demand in legal services, both relating to new

business opportunities of its clients and the acquisition of new clients. Accordingly, the legal team has grown by around 20% since 2009. However, transactional business is still lower than before.

Commenting on the effect of the economic downturn, Dr Boller explained that some of the firm’s clients faced challenges, mainly large enterprises acting internationally. He added: “We ourselves did luckily not experience a drop in requested legal advice services. However, our advice given to large enterprises shifted from corpo-rate law issues to insolvency and employment law during that time as business partners became bankrupt and employment law was generally at stake.”

BLS is a member of Avrio Advocati, a network of law firms established in 1987, associating prominent law firms from all across the globe. Dr Boller commented: “Avrio Advocati developed into an efficient, cooperative network, with a unique database of clients, both corporate and individual, for whom members constantly provide sound advice. Being a member of Avrio Advocati facilitates to quickly and successfully carry out cross border transactions.”

The firm was recently listed on the Legal 500, the client’s guide to the best law firms, for the first time. It was also recommended for its sound insurance law advice by PLC Which Lawyer.

Commenting on the firm’s plans for the future, Dr Boller conclud-ed: “Our aim is to continue to position our law firm as the preferred full service law firm in Austria and constantly grow – together with our clients. A related goal is to also gain major clients in 2011.”

Dr. Thomas Boller, LL.M. (UVa)Attorney-at-law BLS Rechtsanwälte Boller Langhammer Schubert KG+43 (1) 512 14 27 [email protected]

Austria

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End of Year Review

King & Wood is a leading full-service law firm in the People’s Repub-lic of China with extensive experience in all major areas of corporate and commercial law. Founded in Beijing in 1993, King & Wood has grown to become one of China’s largest law firms with over 830 law-yers and more than 200 partners.

Unusually for a law firm in China, King & Wood has a broad geograph-ic reach. The firm is headquartered in the central business district of Bei-jing, with other offices in Shanghai, Shenzhen, Chengdu, Guangzhou, Xi’an, Chongqing, Hangzhou, Tianjin, Suzhou, Qingdao, Ji’nan, and Hong Kong. It is also one of the few Chinese firms to have established offices outside of China with offices in Palo Alto, New York and Tokyo serving multinationals and, increasingly, Chinese clients as they ramp up their level of investment in the US and Japanese markets.

In terms of practice areas, King & Wood also differs from its do-mestic competitors in that it offers a broad mix of services. Over the last 15 years, the firm has expanded from its traditional strengths in corporate, financing and securities, to offer market-leading services in ‘niche’ areas such as antitrust and competition, dispute resolution, insolvency, insurance, labour, taxation, and intellectual property pros-ecution and litigation.

According to New York/Beijing based partner Susan Ning, this expan-sion “reflects our culture of innovation”. For instance, since 2003, King & Wood has been one of the few firms in China to undertake antitrust or competition law work, practicing in this area when the regulatory framework was piecemeal and uncertain. Since the enactment of the consolidated and cross-sector Antimonopoly Law in 2008, the firm has reaped the rewards of this early investment, undertaking a series of high-profile antitrust merger control cases, including the Novartis/Alcon case; and the Pfizer/Wyeth case.

The strength of the firm across practice areas is reflected in recent work. It advised on the two largest HKEx IPOs of 2009 (China Pacific Insurance and Minsheng Bank), and more recently it advised the under-writers on the Shanghai portion of Agricultural Bank of China’s world record USD 22 billion dual listing. In 2010, the firm advised on USD 5 billion worth of domestic financing for Sinopec joint ventures with SAB-IC and BASF and on Export-Import Bank of China’s USD 1.23 billion credit line to Brazil’s Vale. It also acted as global defense coordinator to China’s Wahaha in its EUR 1.5 billion dispute with France’s Danone, a multi-jurisdictional dispute commonly cited as the PRC’s most complex JV dispute to date.

Since 1980 saw the re-establishment of private law in China, the Chinese market for legal services has grown exponentially. Over the past three decades, as the maturity and complexity of China’s regula-tory framework has increased, Chinese firms have become increasingly sophisticated in the services they provide. In King & Wood’s case, Ms. Ning states, “we have placed a high premium on the quality of the law-yers we hire, and the training that they receive once they are here. Many if not most of our partners have foreign legal qualifications or have practiced extensively with international firms. We are aiming to reach a point where the quality of our services is indistinguishable from, if not higher, than that offered by international firms.”

It is this drive for ‘excellence’, and the rapid way in which King & Wood is setting about achieving it, that Ms. Ning attributes as the driving force behind plaudits from the firm’s diverse client base and widespread recognition from Asian and international media. She notes that the firm has received many prestigious awards, including “PRC Law Firm of the Year” from Asian Legal Business eight times since 2002, and “China Law Firm of the Year” from Who’s Who Legal three times since 2007.

Furthermore, Ms. Ning notes that the firm has invested significant resources in its knowledge management, HR and other support functions, allowing it to leverage these abilities to provide a uniform consistency of quality to its clients.

Moreover, as a truly Chinese firm, King & Wood is often better placed to assist clients in negotiating the cultural and regulatory pit-falls that are sometimes associated with doing business in a complex nation such as China. Whereas international firms tend to enjoy better brand recognition with international audiences, Chinese firms, being more rooted in Chinese culture benefit from smoother operational efficiencies on their home turf.

Finally, when asked what the future holds in store for Chinese firms, Ms. Ning suggests that they will continue to strive to compete outside their traditional PRC base. She notes that King & Wood is now oper-ating a full-service office with 60 Hong Kong-qualified solicitors in Hong Kong, which this year enabled King & Wood to make history as the first PRC-based firm to advise a client on both Mainland Chinese and Hong Kong law (Costin New Materials Group’s listing on HKEx).

If recent moves by recognised names such as Rupert Li (Clifford Chance’s Chief China Representative), Meg Utterback (Pillsbury Winthrop Shaw Pittman LLP’s Shanghai managing partner), and Stephen Nelson (Baker & McKenzie’s Chief China Representative), are anything to go by, King & Wood, like China itself, will continue to make waves for some time to come.

Susan NingPartner King & Wood+ 8610 [email protected]

China

George Y. Yiangou & Co, Advocates – Legal Consultants (GYY) is one of the largest and most prominent law firms in Cyprus which is continually expanding its operations. The firm was established in 1981 by its managing partner George Yiangou. It initially focussed on the provision of high level advice in complex business and finance projects in the light of its international profile and clientele.

The firm’s head office is situated in Nicosia, with branch offices in Ath-ens, Thessaloniki and Istanbul. It currently has 32 qualified lawyers (17 in Nicosia, nine in Athens, three in Thessaloniki and three in Istanbul), three tax and accounting consultants and an administrative team of 55 employees.

The firm specialises in the areas of corporate and commercial law, banking and finance, litigation, international debt collection and inter-national tax planning.

GYY works with clients ranging from private individuals to mul-tinational organisations, to whom it provides prompt, practical and cost effective assistance and applies an individual approach to each of the clients, bearing in mind their personal business needs and country particularities. Mr Yiangou commented: “Our commitment to excellence has also continued to be reflected by the expansion of our clients’ data-base, as well as continuance of the old established relationships.”

Significantly, GYY has maintained its co-operation with leading mul-tinational law firms and prestigious banking and financial institutions, while also perceiving an increase in the volume of work addressed to the firm in comparison with the previous years. Mr Yiangou added: “During the last 12 months our name and reputation has echoed, how-ever, also other multinational law firms and groups with which we have started a fruitful co-operation and multiple transactions were referred to us upon commencement of our working relationship.”

The firm has appointed four corporate lawyers since January 2010 in order to strengthen its corporate team and ensure that it provides its clients with the best possible quality of service.

“Another pleasant development consisted in a number of restructur-ing transactions being referred to our firm, despite the fact that the relevant company had been advised by a different Cypriot counsel in the original deal,” Mr Yiangou commented. “This serves again to boost our prestige while also evidencing that the ‘news’ about our prompt and high quality advice travels fast, and that we offer the type of assistance which is widely sought and well received.”

GYY has handled around 50 new significant deal assignments dur-ing the last 12 months in the areas of banking and finance, corporate and M&A, the aggregate value of which exceeds €10 billion.

The firm’s approach to legal solutions has been and continues to be extremely well received by its clients. Mr Yiangou added: “All mem-bers of the firm are recognised for their precision, responsiveness and ability to use cutting edge technology in order to provide a response adapted to corporate strategic issues.”

Mr Yiangou noted that after a period dominated by uncertainty and caution, a positive movement in the European lending market seemed to have occurred in spring 2010. He explained: “Our banking and finance team has therefore been extremely busy this year. Their work has focused not mainly on distress deals and restructurings (as it was the case last year), but also on new high value financing transactions, most of which had very tight deadlines.

“We were engaged in many other similar deals over the last 12 months and, overall, our practice and expertise in this area of law has been honed to perfection and we are proud to see that our long established co-operations continue to be fruitful and that more and more clients are seeking our services and are extremely satisfied with choosing our firm as their special Cyprus counsel.”

GYY’s work in this field continues to be increasingly esteemed by its clients for the integrated approach it applies, by offering legal and business support correlated with professional advice on taxation matters and being able to undertake the financial related issues – this combination of services results in the best possible and effective solu-tions for its clients.

The firm’s corporate administration and legal department has continued assisting in the set-up of a significant number of inter-national business companies, with the exact structure and features corresponding to the clients’ requirements and in the quickest way, for both individuals and large organisations such as Russian leas-ing companies, banks and others. Mr Yiangou added: “A company registered with us is guaranteed to enjoy excellent administration and annual services including a full range of trustee, fiduciary and secre-tarial services as well as completion of the management tasks linked to capital increases, equity contributions, differentiation of class rights, transfers of shares, restructuring and insolvency services.”

The firm has dealt with a number of deals over the last 12 months relating to mergers and acquisitions and cross-border transactions.

“Another significant development within the last year in this area of practice is that we grew to become the regular legal counsel to the clients in Cyprus who are a part of a worldwide group of indepen-dent financial service providers serving the world’s elite hedge funds, private equity and real estate firms, institutional banks, Global 1000 companies and high net worth individuals,” Mr Yiangou commented.

He concluded: “As a result of the hard work, efforts and pro-fessionalism of our employees, our firm has been nominated for many awards in the international sphere of legal services. We have achieved, amongst others, the status of ‘Full Service Advisory Excel-lence in Cyprus’ in the 2010 edition of Corporate International Global Awards Magazine.”

George Yiangou Managing Partner George Y. Yiangou & Co, Advocates+357 [email protected] www.yiangou.com.cy

Cyprus

54 Corporate INTL December 2010 December 2010 Corporate INTL 55

“WE ARE AIMING TO REACH A POINT

WHERE THE QUALITY OF OUR

SERVICES IS INDISTINGUISHABLE

FROM, IF NOT HIGHER, THAN THAT

OFFERED BY INTERNATIONAL

FIRMS.”

“DURING THE LAST 12 MONTHS OUR NAME AND REPUTATION HAS ECHOED, HOWEVER, ALSO OTHER MULTINATIONAL LAW FIRMS AND GROUPS WITH WHICH WE HAVE STARTED A FRUITFUL CO-OPERATION AND MULTIPLE TRANSACTIONS WERE REFERRED TO US UPON COMMENCEMENT OF OUR WORKING RELATIONSHIP.”

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Commenting on their involvement, Peter Finlay, Senior Vice President at ICON, said: “ICON is delighted to have worked jointly with KBC Busi-ness Capital to provide a complete re-financing package to Quattro Plant. It is particularly exciting that we have been able to support the growth aspirations of Quattro and will play a continuing role to help it achieve its future poten-tial. ICON looks forward to developing its good relationships with Quattro and KBC in the future”.

Rupert Rawcliffe who led the Grant Thornton team added: “The refinance of short term HP leases for a Plant & Machinery Revolver facility and an im-proved accounts receivable facility has made more effective use of the asset base of the business and enhanced monthly operating cashflow. The further injec-tion of mezzanine finance has enabled the business to increase the purchase of strategic assets for use within its core rail operations and provide cash head-room for future growth.”

SHM Smith Hodgkinson, (“SHM”), a Gordon Brothers company, conducted Inspections and Valuations of the Quat-tro plant and machinery fleet across the whole Group.

Christian Humphreys, who led the SHM team, said: “SHM was delighted to work alongside and be able to pro-vide specialist valuation services to KBC and ICON. We were challenged to provide innovative, flexible and strate-gic valuations and asset management advice, thus enabling complex deci-sions to be made in risk profiling the financial structure to Quattro.”

Wragge & Co was legal adviser to KBC Business Capital while Stephen-son Harwood was legal adviser to ICON Capital Corp.

Quattro Plant has revenues of more than £30million and is a leading pro-vider of specialist plant-hiring services (equipment and operatives) to the rail industry and to highways-related sec-tors. The company was established in 1989 by John Murphy and operates from Stratford in East London and has depots across the UK.The financing received by Quattro will allow the company to capitalise on the investment being undertaken across the rail network and in the UK’s highways projects.

Paul Hooper, sales director at KBC Business Capital, said: “This was a com-plex transaction that has taken a lot of time to conclude. The key attraction for Quattro in committing to KBC Business Capital’s ABL facilities was the significant positive impact the structure of our facili-ties has on the cash flow of the business going forward. Grant Thornton’s Rupert Rawcliffe had a difficult job as lead ad-viser on the transaction due to the com-plexity of the existing financial structure, but his proactive approach to the deal helped keep everything together.”

The financial restructure led by the Gatwick office of Grant Thornton also saw KBC Business Capital’s funding be-ing complimented by the injection of ad-ditional funds into the group by ICON Capital Corp, the US-based capital equip-ment and infrastructure fund manager.

David Calle, finance director at Quattro Plant, added: “In a very difficult banking environment KBC Business Capital and ICON Capital came up trumps with a creative solution that sets our business up for the next stage in its development. Ours was a complex transaction that could not have happened without the consistent support and hard work of the people from both organisations.”

KBC Business Capital, the specialist asset based lending (ABL) firm, has provided a three-year £19million ABL facility to Quattro Plant as part of a £25million deal. The loan will enable a financial restructure and encompasses accounts receivable and plant & machinery.

56 Corporate INT December 2010

Deal of the Year

both backed Quattro Plant with £25 million loan facility

Lead adviser to Quattro Plant:

Fixed Asset Valuations adviser to KBC Business Capital:

Legal adviser to KBC Business Capital

Legal adviser to Icon Capital:

KBC Business Capital helps Quattro Plant with £19million loan facility as part of a £25million deal

End of Year ReviewEnd of Year Review

Christodoulos G. Vassiliades & Co. LLC (the ‘firm’) is a law firm founded in October, 1984 in Nicosia, Cyprus by Christodoulos G. Vassiliades.

During the past twenty six years, the firm has developed and is now recognised as one of the most prestigious law firms in Cyprus, with an acknowledged reputation in the corporate (mergers and acquisitions), trust, shipping, intellectual property, litigation and commercial legal fields. The firm offers the diverse professional skills of qualified law-yers, legal consultants, accountants, administrators and legal assistants and with more than 100 employees provides viable and comprehensive solutions for its clients. All of the firm’s lawyers are members of the Cyprus Bar Association and most have a law degree from a UK or Greek university. They are all specialists in their field of practice with long-tested expertise.

The firm’s legal practice offers advice, in both domestic and interna-tional law, to private and corporate clients while through its associated management and trust companies it is able to provide a full range of corporate administration, management and trust services.

The firm recognises that each client’s legal or commercial needs vary and that there is no template or proforma solution to their business demands. Thus the firm sets uniformly high standards of personalised and innovative advice which it offers from its base in Nicosia, with coordinated teams in its branch office in Limassol and representative

offices in Greece, Russia, Hungary, Belize and Seychelles, as well as through an extensive international network of correspondent and trust law firms worldwide.

Furthermore, through the firm’s membership with Interlaw, Lexwork International, LAWorld and Mackrell International, which are among the world’s well-known professional networks, the firm is able to call on the expertise of financial and legal professionals worldwide to tailor its services to specific client needs.

A particularly distinctive strength of the firm is that it is com-mitted to instantaneous service encompassing any aspect which might arise in a specific transaction. As an example, the firm has been engaged in many international transactions relating to major mergers and acquisitions (M&As) through the use of Cyprus , Belize companies or foreign companies and through the use of Cyprus international trusts and unit trusts, as well as to the financ-ing of such projects. The firm’s engagement included legal advice, drafting and/or reviewing of various contracts/agreements of legal documents in general, due diligence and all other interrelated mat-ters. Christodoulos G. Vassiliades & Co. LLC has been appointed as a legal representative in Cyprus and worked with a number of leading international law firms including, among others, Baker & McKenzie, Salans, Clifford Chance, Linklaters LLP, Whyte & Case, Freshfields, Allen & Overy and Morton Fraser.

CyprusChristodoulos G VassiliadesManaging PartnerChristodoulos G. Vassiliades & Co. LLC+357 [email protected]

Hemmelrath & Partner is an independent and integrated organisation specialising in tax and legal advice. It is part of Marccus Partners, the le-gal arm of Mazars and closely linked to MAZARS Hemmelrath GmbH, which provides mainly accounting and audit services. The firm focuses mainly on entrepreneurs, their businesses and their private wealth. Consequently the firm offers the complete range of services in the area of corporate and commercial law, real estate law and, very importantly, tax law.

Prof. Dr. Alexander Hemmelrath, founding partner at the firm, com-mented on his team experience: “We see ourselves as entrepreneurs, advising entrepreneurs and decision makers and helping them to find their ways around difficult investment and reorganisation decisions. We understand not only the technical questions addressed to us but also the business environment behind those questions, having the advantage that our law and tax firm is closely linked to the accounting and audit arm of our multi-disciplinary practice.”

Clients of Hemmelrath & Partner range from multinationals to mid-sized family owned businesses. As part of an international organisation the firm can assist clients in most jurisdictions of the world with its own resources. “Being a domestic firm within an international partnership, we certainly feel at home on the international playing field. In most cases our advice relates to cross-border situations,” said Prof. Dr. Hemmelrath. On the other hand, with offices in the major cities in Germany the firm has also complete domestic coverage.

Hemmelrath & Partner has an established position in the market and

has managed to maintain it even in the difficult times of the last 18 months. However, as Prof. Dr. Hemmelrath pointed out, the firm has also noticed significant changes in its business activity. “The recent economic downturn caused clients to implement cost reduction programmes. In many cases the main part of those programmes was to reduce or even stop the employment of outside consultants. Consequently, we saw fewer new projects than in the past. On the contrary, business in the area of litigation or labour law continued to be requested or even grew. The same is true for re-organisation and restructuring projects with a focus on cost savings, which had an extra ordinary growth,” he said.

Current business environment in Germany is improving. After the global financial crisis businesses and the economy as such have started to grow again. Therefore, an increased activity in the year ahead is predicted for firms providing legal and tax services. Prof. Dr. Hemmelrath noted: “For the next year we expect considerable growth due to a considerably growing economy in Germany. Since the coun-try will continue to have a rather complex tax system, we see a high demand in the markets for our combined expertise in tax planning and the structuring of complex deals and investment structures.”

Hemmelrath & Partner is a prestigious firm which is confirmed by the accolades it has been awarded with. The firm was elected by World Finance “the best corporate and commercial team 2010 in Ger-many” and Prof. Dr. Hemmelrath “the best lawyer Germany 2010”. He was also granted the award “best tax and accountancy advisor in Germany 2010” by European CEO.

Prof. Dr. Alexander Hemmelrath Partner+49 89 21636 [email protected]

Germany

December 2010 Corporate INTL 57

Deals of the Year

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End of Year ReviewEnd of Year Review

Raupach & Wollert-Elmendorff (Raupach) offers comprehensive specialist advice in national and international business law. Ranking among the largest German law firms, with more than 90 attorneys in seven offices throughout Germany, Raupach is the German strategic partner of Deloitte, one of the leading international audit, advisory and consulting firms which is represented in more than 150 countries worldwide. On a national level, and internationally within the De-loitte Legal Network, Raupach has channeled its core competencies through Service Lines, ensuring truly comprehensive and seam-less advice for its clients in national and cross-border transactions, involving.

• Corporate Law / M&A;• Commercial;• Banking & Finance / Capital Markets;• Employment Law.

Raupach is used to work together with Deloitte Tax, FAS and Consult-ing and, accordingly, can provide its clients with the full range of advisory services required in any kind of transaction, in co-operation with Deloitte. The Raupach lawyers are highly educated, trained and experienced experts in their specific area of legal work, joining well rehearsed teams of multidisciplinary specialists where a transaction so requires.

The clientele of Raupach comprises medium-sized enterprises as well as listed companies, national and multinational corporations, strategic and financial investors, banks and financial service provid-ers as well as public bodies. Raupach strives to provide all of them with the highest quality legal services. Georg Lehmann, partner at the firm, said: “It is always our ambition and guideline to develop solu-tions which help to add value to our clients for balancing, within our multidisciplinary approach with Deloitte, all operational, legal, tax and accounting objectives.”

One of the distinct advantages of Raupach is the truly global reach of its legal network totaling more than 2500 lawyers within Deloitte Legal and independent cooperating law firms. The firm’s top level of excellence worldwide has been proved on many occasions. Currently, Raupach is engaged in and coordinating legal due diligence work for a Japanese global player (automotive) in Germany, UK, Italy, France, Spain, Portugal, Austria, Luxemburg, Belgium, Switzerland, The Netherlands, Norway, Sweden, Finland, Denmark, UAE, Saudi Arabia, Qatar, Bahrain, Kuwait, Oman, Brazil, Argentina, Chile, Ukraine,

Turkey, South Africa, Belorussia.The economic crisis has led to fewer M&A transactions and disap-

pearance of Private Equity in Germany. However, it brought about more reorganisations and distressed M&A work with demand for corporate law advice staying unimpaired, which created an op-portunity for Raupach to provide its professional services during the downturn. During the years of the crisis, the firm has managed to grow effectively in terms of headcount, turnover and revenue.

“Meanwhile, as the economy is again growing rapidly in Germany, business is picking up and we note a growing number of transactions and an increasing demand for highly qualified legal advice in the field of M&A,” noted Mr Lehmann.

Within the M&A practice, lawyers at Raupach work especially closely with other service lines in the firm. More than any other area of practice, the M&A field recognises a multidisciplinary approach to the execution of transactions through their respective stages. Mem-bers of the M&A group support companies and entrepreneurs on the sale or purchasing side through the multifaceted process of acquiring companies or of disinvestment providing timely guidance for a suc-cessful transaction.

In 2010, Raupach has been successfully chosen as the winner of the Corporate Intl Magazine Global Award Mid-Market M&A firm of the year in Germany.

Mr Lehmann said: “We feel that this renowned award truly reflects the prominence and growing visibility of our law firm in the German M&A market and trust that winning the award will help us to further increase our market perception in this field of legal work.”

In the years ahead Raupach is going to focus on its core compe-tences: corporate, M&A and general business law. The firm plans to continue to follow its strategy of slow but sustainable growth in terms of headcount and will further strengthen areas like commercial, banking & finance, IP and employment law.

Talent, truly global reach, and multidisciplinary approach are characteristics that best describe Raupach. Through its excellent international connections the firm is ideally positioned to advice clients in national and cross-border transactions. Furthermore, due to its strategic partnership with Deloitte, the firm’s clients benefit from one-stop multidisciplinary advisory services. Apart from this close global and national cooperation, Raupach has a strong organisational structure and thus ensures highly professional advice combined with efficiency and cost-transparency.

Georg Lehmann PartnerRaupach & Wollert-Elmendorff+49 (0)211 8772 2273 [email protected] www.raupach.de

GermanyKuhnen & Wacker is an intellectual property (IP) law firm which was established more than 35 years ago in Freising/Munich, Ger-many. The professional staff is highly specialised in all intellectual property matters. The firm not only offers services in patents, utility models, designs, trademarks, domains, copyrights and trade secrets but also in IP evaluation as well as IP litigation and licensing.

Kuhnen & Wacker has earned a worldwide reputation in sophisti-cated litigation matters. The firm’s long record of success involves the “Epilady” litigation as well as more recent cardiac stent and automo-tive matters.

Major international companies, famous for high quality standards, have rated the firm as being of top quality in all areas of IP prosecu-tion. Paul-Alexander Wacker, senior partner at the firm, said: “Clients in all fields of business request consultations from us on their IP strategies. We are representing large and medium-sized corporations as well as universities and individual inventors based in Europe, Asia and the Americas.”

German and European patent, trademark, design and civil law is the core business of the firm, and this includes German and cross-bor-der litigation and injunction cases, as well as related unfair competi-tion and the Product Piracy Act 1990. “We add value for our clients in many areas, such as licensing, portfolio analysis and management, arbitration and mediation, antitrust issues, competitive benchmark-ing, and due diligence. Some components of this added value arise from our internal teamwork, external networking, internal technical and IT staff, and frequent seminar presentations in Japan, the U.S.A.,

China and Europe,” noted Mr Wacker. Kuhnen & Wacker thinks globally, and global strategic thinking

secures success for its clients. It always has to be kept in mind that the drafting of patent applications, particularly claims, can be decisive for potential later infringement. This also applies to the drafting of the list of goods and services for trademarks. Future developments in technology and economic issues must always stay in focus.

As Mr Wacker explained, one of the most recent developments was the fact that the German Patent Modernisation Act 2009, the European Enforcement Directive 2004 and the revised European Patent Act 2007 have all come into force, which can only help to achieve stronger protection for method claims.

Beside the considerable reduction in the fees of the Community Trademark and Design Office (OHIM), a tremendous increase in fees in the European and German Patent Offices has occurred so as to avoid a further increase in the huge back-log of unexamined cases. “This can, however, be avoided with a clever application strategy,” said Mr Wacker.

Clearance searches for ‘freedom to operate’ in trademarks and pat-ents can seriously improve the quality of follow up applications, and can avoid surprising cease and desist requests.

Mr Wacker added: “Preliminary injunction and discovery actions without prior notice to potential infringers, as well as the destruc-tion of counterfeit goods and serious financial consequences, can be avoided as long as the advice of attorneys is requested at an early stage. This is where Kuhnen & Wacker can assist its clients.”

GermanyPaul-Alexander WackerSenior PartnerKuHnen & WAcKer+49 8161 608 [email protected]

58 Corporate INTL December 2010 December 2010 Corporate INTL 59

Oussi Law Firm offers a full range of legal services and it is associated with a comprehensive network of distinguished experts and consultants in the field of business management, economic feasibility studies.

The firm’s activities are conducted by several professional reputed lawyers dedicated to serve their clients the very best of legal services and to gain their trust and confidence. Moreover, reliable contacts are maintained with other firms in Syria, Middle East, Europe and the US.

There are six lawyers working in the firm; each one is specialising in his own field, in addition to other expert colleagues ready to assist whenever there is a need.

The firm was established in 1968 and is covering the following activi-ties: administrative law, civil law, criminal law, contract law, financing law, international law, trademark law, counterfeiting & infringement law, unfair competition law, franchising law, labor law, tax law, banking law, construction law, insurance law, and business consultancies.

Oussi law firm is a member of The Syrian Bar of lawyers, International Association of Lawyers UIA, International Trademark Association INTA, Association of European Lawyers AEA, The International Criminal De-

fense Council ICDC, The Arabic Society for the Protection of Industrial Property ASPIP, And the Arab Arbitration Chamber for Eng. & Const. Contracts.

Due to the membership of INTA & AEA some of main activities of Gabriel Oussi, managing partner at the firm, are connected to trade-mark protection, franchising and unfair competition law which forms a big part of his work and is the main strength of the law firm in addition to other activities.

Commenting on his multicultural experience Mr Oussi said: “It is clear that my experience, which I got during my legal journey which is now almost 42 years, has given me a big advantage when playing in an international field. My membership of various international legal associations helps me to enrich my activities and background. It also enables me to coincide with the plans of expanding the activities of the firm by asking other specialists to join my firm.”

Due to the fact Oussi Law Firm is well equipped with an up-to-date communication system it has good contacts with clients and legal asso-ciations. The firm is able to rapidly answer their demands and requests, and to provide them with the best legal services.

Gabriel Oussi Managing PartnerOussi Law Firm +963 11 335 000 90/[email protected]

Syria

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End of Year Review

60 Corporate INTL December 2010

Bentsi-Enchill, Letsa & Ankomah (“BELA”) is the leading law firm in Ghana with a broad range of expertise in corporate and financial law. The firm has consistently advised on high-profile transactions across Ghana’s corporate and financial terrain. A key distinguishing feature of the firm is its commitment to research, continuing professional education and hiring the best legal brains available in the market. The practice tackles challenging projects creatively, conducts legal research and due diligence painstakingly, offering fearless represen-tation to its clients.

BELA has four departments, namely Corporate, Commercial & Real Estate Litigation & Dispute Resolution and ICT/Intellectual Property Department. As a well structured law firm, its practitioners are commit-ted to providing an unparalleled quality of legal services. With its large and stable professional staff, the firm gives continuous general repre-sentation to several corporations spanning all the important areas of corporate law by assigning the appropriate partner and staff person (in terms of skill, experience, interest and cost effectiveness) to each matter.

Having sponsored the compilation of a text database of Ghana’s reported cases, legislation and law journal articles by its subsidiary, DataCenta, the firm is in a good position to quickly access all the relevant existing legislation, analyse their importance and recommend relevant policies.

The quality of its people and commitment to improve are the key strengths of the firm. Seth Asante, partner at BELA, said: “The expertise of the firm cuts across our various practice groups and departments. The firm is continuously striving to change the landscape of legal practice in Ghana. Already the biggest firm in the country by far with 20 fee earners, this year the firm has recruited 17 new junior lawyers for our rigorous bespoke training program. Our firm continues to invest heavily in local and international training programs and seminars for its staff.”

BELA has a broad range of clients including financial institutions, multinational corporations, manufacturing entities, oil and gas compa-nies, small business, NGOs and start ups. All of them can expect receiv-ing tailor made services provided by the firm’s professionals.

“We have a wealth of transactional experience and are able to guide clients through design of project and transaction structures. We have lawyers with a varying degree of backgrounds, cultures and expertise trained to understand the needs of each client,” pointed out Mr Asante.

BELA has diverse international and sub-regional connections and is able to connect clients to experts from various countries when dealing

with cross-border transactions and entities. Commenting on the firm’s multinational affiliations Mr Asante emphasized: “We are the Ghana member for Lex Mundi and Lex Africa. We also have a non exclusive association with SNR Dentons, giving us access to cutting edge train-ing and other resources.”

He added: “With our unparalleled international connections, we are able to provide multi-jurisdictional solutions to clients who re-quire such services. For example, we are currently advising an FMCG client on regulatory matters across 4 countries in the West African sub-region using our Lex Africa connections.”

In 2010, BELA has continued to be instructed on several blue chip transactions across several sectors. “We have acted for Enterprise Insurance Company Limited on a ground breaking corporate struc-turing transaction. We have also been instructed on the only banking M&A transaction in Ghana this year. We think we have enhanced our already solid reputation in the market,” noted Mr Asante.

BELA gives a high importance to constant development. Currently, the firm is undertaking a restructuring of its practice groups to grow new areas and strengthen existing ones. It has also brought in a new partner, Susan Adjorkor Kumapley to head the new ICT&IP practice group, as part of the Corporate Department. “The focus for next year is to strengthen the size and quality of our fee earner across all de-partments and invest more in training. We are also planning to move into our new purpose built office building next year. We believe this will provide an exciting platform for growth,” said Mr Asante.

The global financial crisis did not significantly impact Ghana’s economy. However, there has been a significant decline in some busi-ness activities. Mr Asante commented: “We have seen a dwindling number of foreign banks financing projects in Ghana. This seems to have picked up in the course of 2010. We have also seen an improve-ment in private equity work. We expect private equity to be a key growth area in the coming year.”

The business environment in Ghana is stable. Foreign investment continues to be a key driver of the economy. Offshore oil drilling and exploration have dominated the headlines, but telecoms, agro–busi-ness, banking and infrastructure have also attracted significant inter-est and investment.

New businesses planning to invest in Ghana should seek sound legal advice from experienced professionals. BELA is the first firm of choice in the national legal market.

Seth Asante - PartnerBentsi-Enchill, Letsa & Ankomah+ 233 302 221171 [email protected]@africaonline.com.ghwww.belonline.org

GhanaGerassimou & Partners Law Office is dedicated to provide a profes-sional, responsive, personalised and cost-effective range of services to clients in Greece and abroad. Close business relationships have been developed with a large number of the world’s leading law firms and other professionals in the international field.

The firm is medium-sized and so is called a “boutique” law office, based on handling specific legal areas. Professionals at the firm are able to provide their clients with immediate and comprehensive solutions in the adverse business environment, based on their long experience and knowledge of clients’ needs. As a result, the bulk of the firm’s work has significantly increased in the last 10 years. In addition, the firm is fully equipped with modern technology to assist both local and foreign enti-ties. Members of the firm speak fluently Greek, English, French, Spanish, Italian and German.

Nicholas G. Gerassimou, senior partner at the firm, said: “Most of the firm’s clients highly value the fact that their cases are personally attended by a member of staff. The lawyer who is responsible for handling the case is available to contact at any time. Therefore, quick and complete replies can be given to clients without prolonged delays.”

Gerassimou & Partners Law Office provides service in several areas of practice, i.e shipping, transportation, insurance, corporate & commercial, litigation & arbitration, and energy.

With regard to shipping, the firm has built long term, traditional rela-tionships with ship owners, managers, charterers, cargo interest parties, insurers and it assists them in the full and efficient service of their affairs.

The firm has also extensive experience in the air, maritime, land

transportation field and related matters. It offers advice to opera-tors, freight forwarders, financiers and underwriters on commercial transactions, and litigation, among others.

The firm is also well known and experienced in the area of insur-ance, dealing particularly with: coverage issues; policy interpreta-tion; errors and omissions coverage; contract, drafting and regula-tory advice; forwarders and carriers’ liabilities; logistics coverage and liabilities.

Furthermore, Gerassimou & Partners Law Office provides a wide range of services in corporate and commercial law practicing mainly in the areas such as Greek companies’ incorporation; acquisition and disposal of companies; formation and administration of corporate en-tities, and many more. Mr Gerassimou commented: “We advise our clients on all corporate and commercial matters in Greece or abroad, throughout a long-established international network of attorneys worldwide, fully qualified to offer excellent services.”

When a dispute arises, professionals at the firm have the extensive litigation and arbitration experience which enables them to offer comprehensive assistance, covering a variety of aspects, including transportation, insurance, corporate and commercial matters and is therefore well placed to provide prompt and reliable services to its clients at considerable costs.

They also have vast experience in the new era of renewable energy matters in Greece and particularly with regard to the installation of photovoltaic parks, wind mills and hydro electric projects, advising local and foreign clients and effecting the due diligence aspects of the projects.

Nicholas G. GerassimouSenior PartnerGerassimou & Partners Law Office+30 210 428 57 [email protected]

Greece

versatility in law

banking / commercial / dispute resolution / fiduciary / funds / intellectual property / private client / property

www.collasday.com/versatile

T: +44 (0)1481 723191 E: [email protected] PO Box 140, Manor Place, St Peter Port, Guernsey GY1 4EW

“WITH ITS LARGE AND STABLE PROFESSIONAL STAFF, THE FIRM GIVES CONTINUOUS GENERAL REPRESENTATION TO SEVERAL CORPORATIONS SPANNING ALL THE IMPORTANT AREAS OF CORPORATE LAW BY ASSIGNING THE APPROPRIATE PARTNER AND STAFF PERSON (IN TERMS OF SKILL, ExPERIENCE, INTEREST AND COST EFFECTIVENESS) TO EACH MATTER.”

“ALREADY THE BIGGEST FIRM IN THE COUNTRY BY FAR WITH 20 FEE EARNERS, THIS YEAR THE FIRM HAS RECRUITED 17 NEW JUNIOR LAWYERS FOR OUR RIGOROUS BESPOKE TRAINING PROGRAM. OUR FIRM CONTINUES TO INVEST HEAVILY IN LOCAL AND INTERNATIONAL TRAINING PROGRAMS AND SEMINARS FOR ITS STAFF.”

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Vietnam and Thailand to help to facilitate its planned expansion into these countries. The Group receives income from tenants of its data centres.

The Group also develops data centres on behalf of third party customers. cSF Group plc has a market capitalization of £88mil-lion, which makes its listing the biggest new listing on AIM by an Asian company in more than a year. The placing is also the largest new issue on AIM in more than a year by a technology company.

Stephenson Harwood was the uK legal adviser to the Group, with a team led by Matthew Gorman (Partner).

commenting on the admission Mr Gor-man said: “This is a great result on the fundraising and a reward for much hard work over many years. It shows that AIM is still a significant platform for exciting growth businesses and affirms AIM’s inter-national reach and reputation.”

Malaysian legal advice was provided by raja, Darryl & Loh.

CSF Group, a leading provider of data centre facilities and services in South East Asia announced its admission to AIM on the 22nd March, following the success-ful placing of 50,909,091 new Ordinary Shares at a price of 55 pence per share to raise gross proceeds of £28 million for the Group. The new Ordinary Shares repre-sent approximately 31.8% of the issued share capital of the Group upon Admis-sion. Cenkos Securities plc is the nomi-nated adviser and broker to the Group.The group of companies of which cSF Group plc is the holding company (the “Group”) focuses on the infrastructure as-pects of data centre design, development and management. The Group offers a range of highly flexible and scalable data centre services to domestic Malaysian, South east Asian and large international businesses.

The Group’s primary focus is the design, development, maintenance and opera-tion of data centres in Malaysia and it has acquired minority interests in entities in

CSF Group admission to AIM

CSF Group admission to AIM

ren residenzen AG.elvinger, Hoss & Prussen acted as Lux-

embourg counsel to Star capital, led by Patrick Santer. The firm has carried out several transactions for Star capital.

Mr Santer commented: “I appreciated the commitment of the Star team to make the legal structuring of this transaction work.”

Pricewaterhousecoopers AG, Dus-seldorf conducted the commercial Due Diligence; Dr Arno Wilfert acted as en-gagement Partner and was taking overall responsibility for the cDD.

Dr Wilfert commented: “cable invest-ments in Germany have limited down-side risk because the basic cable service frequently is based on long-term contracts with housing associations. On the other hand there is significant growth potential from exploiting the superior network per-formance of cable vis-a-vis DSL and to of-fer broadband internet and telephony ser-vices to an existing customer base.”

Jones Day advised STAr on all legal as-pects in connection with the acquisition of pepcom, including: due diligence; SPA ne-gotiations; financing and management par-ticipation. Farncombe consulting Group conducted the technical due diligence.

STAR Capital Partners (STAR), a lead-ing European investment fund manager focused on investing in capital intensive businesses, has acquired Pepcom GmbH (Pepcom) from GMT Communication Partners and Veronis Suhler Stevenson in a bilateral transaction.STAr’s aim is to support the continued growth of the business in the German mar-ket and to expand the service offering. Pep-com’s management team has substantial experience driving organic growth through upgrading and extending cable networks and delivering high speed broadband services to the benefit of customers. Man-agement also has a successful track record integrating and streamlining cable opera-tor acquisitions. Pepcom is therefore well placed to play a leading role in the ongoing consolidation of the German cable market where approximately 50% of the market is fragmented.

The business will continue to be led by Martin Bilger who has been instrumental in growing the business for over 20 years. Pepcom is the 6th acquisition completed by STAr in Germany, following invest-ments in BuS Group, GWe GmbH, Abellio GmbH, GSeS GmbH and Alloheim Senio-

STAR acquires Pepcom

Star Capital acquisition of Pepcom from GMT

Legal Adviser to the Management Team:

Lead Legal Adviser to Star Capital:

Luxembourg Legal Adviser to Star Capital:

Legal Adviser to the Vendor:

Financial Due Diligence provided by:

Commercial Due Diligence provided by:

Technical Due Diligence provided by:

Nominated adviser & broker:

Reporting accountant:

UK legal adviser to the company:

Malaysian legal adviser to the company:

Jesery legal adviser to the company:

End of Year Review

Tatva Legal is a full-service firm concentrating on corporate and com-mercial laws, M&A, private equity, banking and finance and infra-structure and real estate. The firm endeavours to understand the details of its client’s strategy and operations and thereby ensure quality, meaningful advice to its clients.

2010 has seen an increased focus in M&A and private equity in India, after the transition period that 2009 represented. Legal advisers in India, including Tatva Legal, have benefited as part of this growth and the focus on India.

The firm was founded on January 1, 2010 and as a result, the develop-ment of the firm into one of India’s leading M&A and corporate advisory firms has mirrored the growth of the Indian corporate and M&A legal market in the year 2010. Manav Nagaraj, partner at Tatva Legal, ex-plained: “Newer sectors have emerged as focus areas for investment and business in India such as education services and healthcare. The profes-sionals of the firm have been able to work with our clients in providing seamless, quick and specialized advice on these sectors in addition to the other sectors such as IT, infrastructure, manufacturing, hotels and hospitality and real estate. The firm has also had an increased number of restructuring mandates.”

Tatva Legal represents various Indian and international clients ranging from large Indian business houses, global banks and investment funds, public listed entities as well as leading foreign companies. The firm rep-

resents some of the leading manufacturing, banking and insurance global companies having operations in India. The firm also regularly represents private equity funds, both sector focused as well as gen-eral, in investments in India.

Mr Nagaraj noted that the firm is well placed to advise internation-al clients on their business in India as well as Indian clients in their outbound activities. He explained: “The fact that the firm has excel-lent working relationships with various law firms has helped the firm in advising clients in matters where there is a significant cross border element. Recent highlights include restructuring of an Indian manu-facturing entity’s shareholding through various offshore entities, advising an Indian hospitality company on acquisition of an entity in Europe, advising certain European shareholders on sale of their Indian shareholding in a power company, and advising in the sale of shares of an Indian cement company to a foreign shareholder.”

The firm has advised on one of the largest single investments in the education services space and has also acted on a single tranche investment of USD 200 million by three different private equity investors in a hospitality major. The firm has acted on several M&A transactions over the last nine months. Mr Nagaraj concluded: “In a short period since its founding, the firm has represented investors and investees in various transactions of note in India and as a result has been highly ranked in various league tables for M&A in India.”

Manav NagarajPartnerTatva Legal + 91 80 [email protected]

India

Carey Olsen is a leading offshore law firm in the Channel Islands offering a full range of Jersey and Guernsey legal services.

Clients consistently point to the fast response times and high quality advice as reasons for choosing Carey Olsen. The firm’s corporate team is one of the largest in the Channel Islands and includes many lawyers who are recognised leaders in their field. The team advises on: public and private mergers and acquisitions; schemes of arrangement; listings (including LSE main market, AIM, Plus, HKEx and CISX); joint ventures and other shareholder arrangements; private and bank financing; corporate restructurings; captive and other insurance business.

Recent highlights for the team included, advising State Street on the Channel Islands aspects of its acquisition of Mourant International Finance Administration, West China Cement on its listing in Hong Kong and Petrofac on the Jersey aspects of its demerger of Petrofac Energy Developments Limited.

Robin Smith, partner - Corporate & Finance Group (Jersey) at Carey Olsen, noted that the firm’s substantial offices in both Jersey and Guernsey provide a true pan-island presence that few other firms can offer. When asked to summarise the firm’s main strengths in addressing the needs of its clients, Mr. Smith commented: “We have approximately 150 lawyers and many are recognised as leaders in their practice areas. Our practice teams are recognised as industry leaders due to their strength in depth and high-quality work. (Source: Chambers UK 2011). We are renowned for giving useful channeled advice and delivering to the most aggressive timetables.”

He also said: “Jersey continues to be a popular choice of jurisdiction due to its flexible corporate legislation and highly regarding regulatory regime. We continue to see large and small groups choosing to incorporate a Jersey parent company, frequently with a view to an IPO in London, New York or Hong Kong. Recent developments in relation to the European Alternative Investment Fund Managers Directive (AIFMD) should provide key advantages for establishing a fund vehicle or manager in the Channel Islands.”

“Jersey companies also continue to be popular for structured finance transactions as they are able to offer certainty of tax neutrality including no stamp duty on share transfers and a 0% corporate tax rate.”

According to Mr. Smith, Carey Olsen’s work changed during the global financial crisis, particularly in relation to banking and finance. “We saw, and continue to see a large number of restructuring and refinancing deals,” he said, “although we have not seen as much insolvency as perhaps one might have expected. The banks appear to be motivated to avoid pushing structures into insolvency if it can be avoided and, instead, prefer to renegotiate covenants and margins. In Q4 we have seen have seen more new financings as compared to the last two years, although levels are still some way off those seen in 2005/2006.”

He concluded: “The stability and continued growth of the firm during the financial crisis is unusual in the market and is a testament to its partners and lawyers who have continued to deliver remarkable service in what has sometimes been a challenging climate.”

Robin SmithPartner, corporate and Finance Group (Jersey) carey Olsen+44 (0) 1534 [email protected] www.careyolsen.com

Jersey

62 Corporate INTL December 2010 December 2010 Corporate INTL 63

Deals of the Year

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Spain

64 Corporate INTL December 2010

End of Year Review

Over the past 20 years, Luxembourg has won international recognition as a pre-eminent jurisdiction for structuring private equity and venture capital funds and deals alike within a flexible and stable onshore mar-ket environment. Ernst & Young Luxembourg has focused on Private Equity since many years and set up a dedicated Private Equity practice with over 100 profes-sionals exclusively dedicated to Private Equity. It is the largest and lead-ing Private Equity practice on the local market providing audit, advisory, tax, transactions and valuation services to the industry.

Ernst & Young’s Private Equity professionals audit over 250 Private Equity funds and structures in Luxembourg. They advise general partners on valuation, reporting and operational procedures and advise Luxem-bourg service providers in terms of Private Equity accounting procedures, Private Equity IT software advisory reviews, training and recruiting. A key differentiating factor is that professionals in the Private Equity prac-tice at Ernst & Young specialise in Private Equity starting in their first year with Ernst & Young, follow a specific training curriculum and quickly develop deep skills in the industry through dedication and exposure to a diverse range of Private Equity clients.

The Luxembourg Private Equity practice is fully part of a global inte-grated network which has the largest alternative investment practice of the ‘Big Four’ on a worldwide basis and is the worldwide market leader in Private Equity. In 2008, Ernst & Young brought together 87 practices and 65,000 people to create EMEIA (Europe, the Middle East, India and Africa). No other professional services firm has achieved this level of inte-gration. This structure enables consistency of approach and offers clients

the perspective of a service provider committed to Private Equity on a global basis.

Further to having the highest market share in the audit of Private Equity funds with over 45% of the market by total Private Equity fund size, Ernst & Young Luxembourg is also a leading tax advisor on PE transaction. Finally, Ernst & Young has set up the first and so far the sole fully specialised Private Equity advisory team that has advised most of the custodians and fund administrators in Luxembourg. In October 2010, Ernst & Young Luxembourg has been voted as winner in the InterContinental Finance Magazine’s Global Awards 2010 for the ‘Private Equity Advisory Firm of the Year in Luxembourg’. Only a few months earlier, in June 2010, it has been the Global Award Jury of Corporate International Magazine that named Ernst & Young ‘Private Equity Advisory Firm of the Year in Luxembourg’. Both awards recog-nise the firm’s leading position in Private Equity in the Luxembourg marketplace for assurance, transaction tax and advisory.

Set up under the leadership of Alain Kinsch in 2004, today Manag-ing Partner of the Luxembourg office and EMEIA Private Equity Fund Leader, the Ernst & Young Luxembourg PE practice is a key supporter to the Private Equity industry in Luxembourg and abroad. Ernst & Young Luxembourg is one of the founding members of the recently created Luxembourg Private Equity Association (LPEA). Through a close involvement with the Luxembourg Investment Fund Association (ALFI), Ernst & Young has led the development of the Luxembourg financial centre’s position related to the Alternative Investment Fund Management Directive with respect to the Private Equity industry.

Alain Kinsch - Country Managing PartnerEMEIA Private Equity Fund LeaderErnst & Young+352 42 124 [email protected]

Luxembourg

The core practice of Simon Tortell & Associates lies in the financial services field, however, the firm also operates in other areas, such as Corporate Law, Taxation, Compliance and Governance, Litigation, Fam-ily Law, Real Estate, EU and Competition Law.

The firm’s focus on financial services coincides with Malta’s aspiration to offer an alternative EU onshore domicile to Luxembourg and Ireland. In fact, Malta is considered as one of the emerging financial services centres. The growth in the financial services industry, particularly in investment funds clearly brings excitement and new challenges.

Simon Tortell & Associates adopts a transparent, innovative and professional approach to its various engagements, which focuses on the clients’ requirements and expectations. “We feel that these qualities dis-tinguish us from our fellow competitors,” said Dr Simon Tortell, Senior Partner at the firm.

The client base of the firm is international, from the United States, Canada, South Africa, Australia, New Zealand, United Kingdom, Denmark, Ireland, Portugal and Eastern Europe. The investment fund portfolio includes leading investment banks, international fund managers and global administrators.

Clients of Simon Tortell & Associates can rely on the firm’s professionals’ experience. “All the lawyers in the firm hold a doctorate in law, and many have furthered their studies in financial services both locally and overseas. This allows us to provide clients with a focused service and the capability to add value to our clients through our expertise,” noted Dr Tortell.

During the past months there has been a rapid and constant increase in Malta in queries and work associated with licensing of investment man-

agement companies, collective investment schemes and financial services in general. The increase experienced in financial services work has adequately compensated the decrease in other areas such as real estate business.

During the global economic crisis Simon Tortell & Associates has continued to assist clients in the structuring and licencing of both retail, open-ended or closed-ended funds, as well as Professional In-vestor Funds. Dr Tortell commented on his firm’s recent work: “We have advised clients on different structures which include multi-fund/class funds, funds of funds, tracker funds and master/feeder funds. We have also provided assistance on the development of alternative investment policies and strategies as well as investment in less traditional asset classes.”

The firm’s work on contractual funds led to the enactment of new regulations and the establishment of a regulatory framework governing contractual funds in Malta. During the past months, the firm’s corporate department has also played a key role in the negotiation and formalisation of a $60 million shareholders agree-ment to facilitate the financing of a luxury business complex in Eastern Europe.

The firm is currently looking at a number of new business devel-opment initiatives, which include new markets such as Asia. The firm is also closely monitoring the development and the implemen-tation by the Malta Financial Services Authority of new EU Direc-tives such as the Alternative Investment Fund Managers Directive and UCITS IV in order to be in a position to advise and provide bespoke solutions to its clients.

Dr. Simon TortellSenior PartnerSimon Tortell & Associates +356 2122 [email protected] www.simontortell.com

Malta

Established in 1891, Fenech & Fenech Advocates is one of the longest established law firms in Malta. Fenech & Fenech is a full service law firm, which balances a forward-looking, dynamic task force based on tradition and excellence.

Over the years, the firm has grown from strength to strength; from a traditional, family-run law firm to one of the largest and most diverse law firms on the island.

Practitioners at Fenech & Fenech offer precise, value driven legal solu-tions to all their clients, and pride themselves with being a law firm that achieves results.

Fenech & Fenech has an impressive International Practice dealing with all corporate and commercial issues, corporate and project finance, mergers and acquisitions, tax, financial services, banking, trusts and foundations. In addition, Fenech & Fenech Advocates is Malta’s leading shipping law firm, with four separate and distinct departments dedicated to shipping. The firm has also successfully set up practices in aviation law (in which it is considered a leader), ICT, iGaming, and eCommerce, intel-lectual property law and, uniquely, culture and art law.

The firm prides itself as being able to handle all commercial matters from a variety of angles thanks to its different areas of specialisation. Fenech & Fenech offers unparalleled know-how coupled with excellent relations with both regulators and stakeholders. Commenting on his

firm’s mission, partner Dr Nicolai Vella Falzon, said: “Our aim has always been and remains to assist our clients in achieving their com-mercial and corporate objectives in a practical and effective manner and, in the context of disputes, to resolve these efficiently and in a manner that respects commercial realities with a preference for avoiding court or arbitration proceedings and achieving out-of-Court settlements on terms most favourable to clients.”

Fenech & Fenech has recently celebrated the largest award in damages ever decided by the Court of Appeals in Malta. In a case concerning the promise of sale of shares in a company, the Court awarded damages in excess of $22,000,000. The firm has also assisted the Maltese Government in the case instituted by the Commission of the European Union against Malta. The Courts of Justice of the Euro-pean Union has recently pronounced itself in favour of Malta.

When asked about the plans for the future, Dr Vella Falzon noted: “The firm intends to build upon its image locally and internationally and it will continue to establish a firm basis for its services in its area of expertise. It also envisages an increase in corporate and commer-cial activity following the prediction by various international players of modest improvements in business activity worldwide and it is expected that some positive trend will be felt in Malta, and more so, within the firm.”

Dr Nicolai Vella FalzonPartnerFenech & Fenech Advocates+356 2124 [email protected]

Malta

December 2010 Corporate INTL 65

The firm of Ochieng’, Onyango, Kibet & Ohaga is guided by the vision to become the premier and preferred legal and related services provider in Africa. The firm has four major practice areas: Litigation and Alter-native Dispute Resolution; Corporate and Commercial Law (including business reorganisations); Conveyancing and Transactional practice; and East African Community and Regional Integration Law.

A unique solutions-geared approach to client’s business is distinguish-ing feature of the firm. The diversity, breadth and depth of expertise of its individual partners and associates are of course a major strength. Additionally, Ochieng’, Onyango, Kibet & Ohaga has developed an elaborate service charter that governs each individual client’s relation-ship with the firm.

The bulk of the firm’s clients are corporate players in the banking, tele-communications, insurance, media and property sectors. The firm is also involved in the handling of individual briefs, business incorporations, reorganisations, capacity building and general advisory.

The firm’s local expertise is second to none. Ochieng’, Onyango, Kibet & Ohaga is also the law firm of choice when it comes to referrals by other law firms or lead Counsel Roles. Jinaro K. Kibet, Partner in the firm, said: “We are well equipped to serve both local and foreign entities. Most of our partners and associates are familiar with and have additional qualifications in foreign jurisdictions. However, what set us apart is our wide network and co-operation with foreign Counsel that spans the USA, Canada, Europe, Asia, Africa and other jurisdictions.”

The firm has a big ADR team. Its partners and associates possess inter-

nationally recognised qualifications in ADR and are highly respected in the region for their work. For example, this year, the firm’s manag-ing partner Mr. John Ohaga received the Client Choice Awards 2010 for being the best Litigation Lawyer in Kenya.

Ochieng’, Onyango, Kibet & Ohaga prides itself for its established position on the international filed. The firm is currently engaged by a major Chinese property developer regarding the construction and sale of hundreds of units in Kenya. Recently, professionals of the firm were invited by a local business to bid for work covering three conti-nents and requiring cooperation with foreign lawyers in terms of due diligence and compliance with legal and regulatory frameworks of other jurisdictions.

2010 was a successful year for the firm. Mr Kibet commented: “By the fourth quarter of this year most of our advocates had met or surpassed their annual targets. We believe this is evidence of our improvement in market position.”

Nonetheless, the firm is still focused on development as it aims to provide its clients with the best quality services. One of the firm’s plans for the coming year is to export its strength and expertise to the whole of East Africa. “We have already established relevant structures for this and believe it will immensely improve our service delivery,” added Mr Kibet.

Ochieng’, Onyango, Kibet & Ohaga has an active corporate social responsibility and pro bono programme. The firm supports and men-tors several orphans in various institutions in the country and it will continue to do so.

Jinaro K. KibetPartnerOchieng’, Onyango, Kibet & Ohaga [email protected]

The firm of Ochieng’, Onyango, Kibet & Ohaga is guided by the vision to become the premier and preferred legal and related services provider in Africa. The firm has four major practice areas: Litigation and Alter-native Dispute Resolution; Corporate and Commercial Law (including business reorganisations); Conveyancing and Transactional practice; and East African Community and Regional Integration Law.

A unique solutions-geared approach to client’s business is distinguishing feature of the firm. The diversity, breadth and depth of expertise of its individual partners and associates are of course a major strength. Addi-tionally, Ochieng’, Onyango, Kibet & Ohaga has developed an elaborate service charter that governs each individual client’s relationship with the firm.

The bulk of the firm’s clients are corporate players in the banking, tele-communications, insurance, media and property sectors. The firm is also involved in the handling of individual briefs, business incorporations, reorganisations, capacity building and general advisory.

The firm’s local expertise is second to none. Ochieng’, Onyango, Kibet & Ohaga is also the law firm of choice when it comes to referrals by other law firms or Lead Counsel roles. Jinaro K. Kibet, Partner in the firm, said: “We are well equipped to serve both local and foreign entities. Most of our partners and associates are familiar with and have additional qualifications in foreign jurisdictions. However, what set us apart is our wide network and co-operation with foreign Counsel that spans the USA, Canada, Europe, Asia, Africa and other jurisdictions.”

The firm has a big ADR team. Its partners and associates possess inter-

nationally recognised qualifications in ADR and are highly respected in the region for their work. For example, this year, the firm’s manag-ing partner Mr. John Ohaga received the Client Choice Awards 2010 for being the best Litigation Lawyer in Kenya.

Ochieng’, Onyango, Kibet & Ohaga prides itself for its established position on the international field. The firm is currently engaged by a major Chinese property developer regarding the construction and sale of hundreds of units in Kenya. Recently, professionals of the firm were invited by a local business to bid for work covering three continents and requiring cooperation with foreign lawyers in terms of due dili-gence and compliance with legal and regulatory frameworks of other jurisdictions.

2010 was a successful year for the firm. Mr Kibet commented: “By the fourth quarter of this year most of our advocates had met or surpassed their annual targets. We believe this is evidence of our improvement in market position.”

Nonetheless, the firm is still focused on development as it aims to provide its clients with the best quality services. One of the firm’s plans for the coming year is to export its strength and expertise to the whole of East Africa. “We have already established relevant structures for this and believe it will immensely improve our service delivery,” added Mr Kibet.

Ochieng’, Onyango, Kibet & Ohaga has an active corporate social responsibility and pro bono programme. The firm supports and men-tors several orphans in various institutions in the country and it will continue to do so.

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Campos Galván & Abogados is uniquely adapted to provide services to its foreign based clients. Through its foreign offices in New York and Miami, the firm is close to its clients and can respond in their time zone, adhere to local practice rules ensuring certainty for its clients.The firm’s attorneys are licensed and experienced both in Mexico and in the United States. This allows them to assist their clients in bridging and educate on the expectations and cultural differences that cross border work entails.

Manuel Campos, partner, believes that one of Campos Galván & Abo-gados greatest strengths is that clients see the firm as their local counsel in both jurisdictions. He commented: “As we have a presence, practice and are retained in the ‘home’ jurisdiction of the client, the client avoids unnecessary conflicts of interest as he is assured that our relationship is based and developed with their home office and not with their satellite presence.”

The size of the firm allows it to provide clients with a very person-alised service and quick response times. Mr Campos said: “Clients in the current environment demand a more personal relationship and are abandoning, for cost and efficiency reasons, the old structure where younger associates were assigned to do the work and rarely was a partner involved. Clients also demand, preferably, a local point person that is responsible for their projects and can update them at a moment’s notice. Being able to deliver on these premises, and providing high quality legal work, have been key to our success.”

Campos Galván & Abogados’ practice focuses on corporate, real estate, labour and employment, foreign investment, regulatory and environmental.

The environmental practice team, headed by Maria del Carmen Aispuro from the Mexico City office, routinely deals with audits, com-pliance, compliance seminars, and audits. It is also active in helping clients deal with the new investment opportunities that are created by the evolving environmental framework such as renewable energies, forestry, agribusiness or fisheries.

Members of this practice group actively participate and hold posi-tions in boards of different Environmental Policy and Legislation steering groups that help drive environmental policy and legislation at the local and state levels. This active participation has derived as-signments for the firm to review and comment on pending legislation to be submitted to congress.

Campos Galván & Abogados’ environmental team works closely with the firm’s regulatory practice group whose members are former members of congress and high ranking administration officials, to help its clients in developing and maintaining relationships with strategic government offices.

Mr Campos explained that the Mexican economy contracted by 6.9% in 2009, and 2010 was a difficult year with growth at a rate of 2.9%. He added: “Mexico has also been displaced from its position as the second largest trading partner of the US by China, despite NAFTA. The government decided to prioritise maintaining fiscal sta-bility over economic stimulus, which does not bode well for growth in the short term but opens longer term possibilities. In addition, the need to grow has, in our particular experience, propelled small and medium size Mexican companies to explore their options abroad and open new markets.”

Manuel CamposPartnerCampos Galván & Abogados+52 55 [email protected]

Mexico

Since its inception in 1905, Uhthoff, Gomez Vega & Uhthoff, S.C has been distinguished by its tradition of service and is now one of the most influential law firms in the Mexican IP industry.

The firm is structured in accordance with three principal areas: New Creations (patents, models, drawings and industrial models, integrat-ed circuits and plant varieties); Distinctive Signs (trademarks, denomi-nations of origin and name and commercial slogans); and Copyrights. A department is dedicated, exclusively to each one of these aspects, as is a Licensing Department and another Department for Litigation.

A section dedicated to Corporate Law has also been incorporated into the firm offering a number of services to clients including; incorporation of companies, restructuring, mergers and all types of contracts related to their operation. This allows the firm to offer an integral service to their clients.

Practitioners at the firm consider intellectual property as the highest value of their clients. Therefore, they take care to provide continu-ing legal consultancy to protect and get the most out of this wealth, making decisions that benefit the industry and commerce in the best possible manner.

With more than a century in the market, Uhthoff is well known for delivering an exceptional service to its clients given their expertise in the field of intellectual property. The firm understands that IP law

develops and modifies with great rapidity and thus as well employ-ing excellent attorneys, technicians and specialised personnel are also part of the work force. These skilled professionals constantly keep abreast of the latest developments in IP in order to provide the best service possible.

In addition Uhthoff, Gomez Vega & Uhthoff S.C. is a permanent presence in the principal associations related to the practice and application of the law that regulates intellectual property in Mexico. Given the unquestionable importance on an international scale of intellectual property rights in the globalised world in which we live, the firm is regularly represented at the majority of conferences, con-gresses and seminaries concerning this field of law.

Professionals at Uhthoff, Gomez Vega & Uhthoff S.C. have struc-tured the firm in such manner to avoid generation gaps that could cause loss of confidence from their clients. The saying goes that “the devil knows more due to his age than to be a devil”. Senior partners at the firm remain very active, not only in the handling and supervi-sion of cases, but also as mentors of junior partners and associates.

Throughout 2010, Uhthoff has maintained their position as the leading IP firm in Mexico. This leadership derives not only from the number of filings they made last year (3,600 trademarks and 2,700 patents), but also from their prestigious client base and quality of service.

MexicoUhthoff, Gomez Vega & Uhthoff, S.C

Main OfficeHamburgo 260, Col. Juarez06600, Mexico D.F., Mexico +52 (55) 55 33 50 60 [email protected]

Guadalajara OfficeManuel Acuña No. 2674, Offices 101-102Col. Circunvalacion Guevara,44600, Guadalajara, Jalisco, Mexico+1 (33) 36 16 14 24

Blandon & Young Abogados was founded in 1993 in the City of Pana-ma, Republic of Panama with a profile clearly oriented to render first class services to their clients. The firm has wide experience in gaming law, concessions, commercial law, company registration and company acquisitions and sales; judicial assessments in legal conflict preventions and civil and criminal litigation . It is considered the leading firm in the gaming law practice in Panama.

The founders of the firm have actively participated in the drafting and discussion of new laws in the gaming sector, and have held important public positions.

During the administration of Herbert Young as director of the Gaming Control Board of the Republic of Panama, important advances, laws and regulations were enacted. These include: Resolution No. 9 of February 14, 2003; Resolution No. 25 of August 28, 2003 that regulates Bingo opera-tions; Resolutions No 29 and No. 39 of August 28, 2003 to avoid money laundering using in the gaming industry; Resolution No. 40 of August 28, 2003 that regulates the approval, manufacturing and distribution of slot machines; Resolution No. 65 of October 25 2002 for internet gaming among others.

“Expertise, capacity and knowledge of the gaming industry are the main strengths of our firm, together with a staff duly trained in this area,” commented Herbert Young-Rodríguez, partner.

According to Mr Young-Rodríguez, the economic downturn did not

affect Panama’s economy. “On the contrary,” he commented, “as the gaming industry is emerging, the amount of work has increased significantly.”

Blandon & Young’s clients are international enterprises and com-binations of local and international companies. Mr Young-Rodríguez added: “We are authors and proponents of gaming regulations; hence, we have a complete knowledge of its benefits, jurisdiction and proceedings in the public and private sector.”

He continued: “We have experience in the public and private sector and that gives us a complete understanding of the deficiencies and opportunities that involve this field in our country. As gaming law practitioners, we have studied and analysed not only the Panama-nian market but also the Latin-American and the Caribbean region and been capable to advise our clients of the advantage of establish-ing in Panama.”

Commenting on Blandon & Young’s greatest success of the last year, Mr Young-Rodríguez noted that the granting of the gaming and casino licenses to the firm’s clients, in spite of the reluctance of the es-tablished competitors, has improved the firm’s position in the market.

Mr Young-Rodríguez concluded with the firm’s plans for the future: “To make that qualified companies establish in our country by letting them know that Panama has all the conditions to attract the largest possible numbers of well known operators since we are the most im-portant gaming place in Central America and the Caribbean region.”

Herbert Young-Rodríguez Partner Blandon & Young +507 269 8827 [email protected]

Panama

H. Gamito, Couto, Gonçalves Pereira, Castelo Branco & Associados is the result of the association between two Mozambican lawyers, Hermenegildo Gamito and Pedro Couto and the Iberian Law Firm Cua-trecasas Gonçalves Pereira & Associados, the latter being a partner in the Mozambican firm.

The firm is a member of Lex Africa, a network of leading law firms in Africa, and of the International Chambers of Lawyers. It has been ranked number one in Mozambique in several publications, including Chambers, PLC Which Lawyer and IFLR 1000.

The firm attracts a lot of individual and corporate clients, both national and international, to whom it provides legal services in many areas of law.

“We value our client’s ideas and interest,” Pedro Couto, managing part-ner, explained. “Our purpose is to maximise opportunities and effectively solve difficulties that may be found within Mozambique’s legal system. Therefore, our client-attorney relationships are emphatically proactive and based on professionalism and mutual respect.”

“Our attorneys participate in a broad range of professional, civic and corporate activities, allowing them to advise clients with accurate under-standing of world trends and advances and their specific application in Mozambique,” he added.

The firm’s international clients come from a broad range of sectors, including: banking and finance; insurance and reinsurance; telecommuni-cations; mineral and energy; real estate; aviation and maritime. The firm has an extended international tradition and has built a wide network with leading law firms in Africa, Western Europe, North America and Asia.

The firm also has a significant international practice, especially in the

corporate area, and it has developed an enviable reputation as a con-sistent provider of appropriate and valuable legal assistance.

Recently, the firm advised Oderbrecht, considered to be the largest construction company in Brazil and the fifth largest in the word, in the negotiation and signing of the contract for the International Airport of Mozambique in Nacala. The firm also advised Portucel Soporcel, one of the largest producers on the international market for uncoated paper, in an investment of $2.2 billion as producer of euca-lypts and paper. The firm is currently advising Gorongosa National Park in the international public tender to contract tourism operators for the park.

Commenting on the firm’s greatest successes this year, Mr Couto noted that it has been, and currently is involved in advising clients in the area of mining activities, including Mitsui Group from Japan; Baobab Resources from Australia; and Essar Group and Tata Steel Group from India.

The firm advised on the Mozambican mining regulatory frame-work; incorporation of mining companies in Mozambique; estab-lishment of joint ventures between foreign investors and mining concessions title holders; performance of due diligence on mining companies; mining and research and prospection licenses; and nego-tiation with the Mining National Directorate.

Mr Couto concluded: “We are very committed in continuing to be one of the best legal firms in Mozambique and to become a leader not only in our country but also a great reference in Africa thus becom-ing not only a solid presence, but also an innovative legal firm that continues to spread its influence throughout the region.”

Pedro Couto Managing PartnerH. Gamito, couto, Gonçalves Pereira, castelo Branco & Associados+258 21 48 64 [email protected]

Mozambic

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cSA is an international geological, min-ing and management consultancy to the resources industry. cSA is currently pro-viding geological management, resource evaluation and preliminary mine plan-ning support to the Kalia Iron Project.

Mr Titley said: “This is an outstand-ing project for our client as the Kalia Iron Project has achieved a maiden inferred JOrc compliant resource of 2.4 billion tonnes. Preliminary geological data have indicated the potential for very significant increases in the iron resource for Bellzone at Kalia I and II.”

Subsequent to the maiden Mineral resource estimate reported as part of Bellzone’s initial AIM listing, cSA has completed an updated JOrc compliant Inferred resource estimate of 3.74 billion tonnes, which was reported to the market on the 6th September 2010. This update has increased the Inferred Mineral re-source estimate by 56%.

Hunton & Williams was uK legal ad-viser to the company while Steinepreis Paganin, operating in Perth, was Austra-lian legal adviser to the company.

Bellzone Mining plc (AIM:BZM), an iron ore exploration and development company, with 100% owned assets in Guinea, West Africa, announced the commencement of trading on AIM (“Ad-mission”) at 8.00 a.m., 1st April, after a placing (the “Placing”) raised gross pro-ceeds of £33.6 million (approximately US$50 million). Pursuant to the Placing, the company has issued 96,000,000 new ordinary shares of no par value (“Ordinary Shares”) at 35p each (the “Placing Price”) to a broad base of institutional and other investors follow-ing a roadshow across the uK, the uS and canada. Based on the Placing Price, the market capitalisation of Bellzone immedi-ately following completion of the Placing and Admission was approximately £184.5 million. Bellzone aims to become a sig-nificant iron ore producer and intends to develop a 50 mtpa iron ore operation at its 100% owned Kalia project.

The Geological and resource evalua-tion consultancy was completed by Mal-colm Titley, Director, of cSA Global (uK) Ltd (‘cSA’).

Bellzone Mining admission to AIM

Bellzone Mining PLC admission to AIM

Nominated adviser & joint broker to the company:

Joint broker: UK legal adviser to the company:

Australian legal adviser to the company:

Jersey legal adviser to the company:

Geological and resource consultants to the company& competent persons report:

(insurance), Harvey Spack Field (prop-erty); for management – Argyll Partners (corporate finance), Allen & Overy (legal); for vendor – Grant Thornton

(corporate finance), Lamport Bassitt (legal), KPMG (vendor due diligence), Javelin Group (commercial & operational due diligence).

Michael Fine, Director of Javelin Group, carried out the commercial and operation-al due diligence for the vendor. He said: “The business now has the ideal investor partner. Bridgepoint’s experience with Pets at Home will be invaluable to Hob-bycraft’s management as they move the business on to its next phase of growth.”

Jonathan Salt coordinated the team at Harvey Spack Field which worked on the property due diligence for Bridgepoint.

There is clearly substantial growth potential for what is a unique model in the retail sector and one which land-lords will be keen to introduce to their schemes.

HobbyCraft, the UK’s leading out-of-town art and craft retailer, has been ac-quired by Bridgepoint in a management buyout for an undisclosed sum.Founded in 1995, HobbyCraft has 47 out of town stores throughout the uK and is the first national arts and crafts retailer to cater for more than 250 different activities all under one roof. It appeals to both chil-dren and adults alike, providing a breadth and range of hobbies unmatched by its competitors.

chris crombie, ceO of Hobbycraft, said: “We have always been very ambi-tious for Hobbycraft and have developed the business to become the leading spe-cialist in its field, but there is significant growth capacity and roll-out potential yet to come which we look forward to achiev-ing in the next five years and beyond.”

Advisers involved in this transaction in-clude: for Bridgepoint – Deloitte (financial & tax), Travers Smith (legal), circus (com-mercial), erM (environmental), Marsh

Bridgepoint acquires HobbyCraft

Bridgepoint acquisition of Hobbycraft

Financial & Tax due diligence provided by:

Private Equity provided by:

Legal adviser to Bridgepoint:

Legal adviser to the vendor:

Vendor Commercial & Operational Due Diligence provided by:

Vendor Financial due diligence provided by:

End of Year Review

December 2010 Corporate INTL 69

Baião, Castro & Associados (BCS Advogados) is a Portuguese law firm that has earned a prestigious reputation and is internationally recommended by The Legal 500. The firm’s main areas of practice are M&A, banking, capital markets, real estate and litigation, but it is also considerably focused on corporate and commercial, project finance, public law, dispute resolution, insolvency, debt restructuring, and employment law.

The firm is one of its kind in the country as it supports its clients at relatively low costs, and it seeks to provide mainly tailor-made solutions based upon direct involvement of senior counsel. The firm is also very well prepared, in each given case, to look for the most appropriate and suitable fee structure.

BCS Advogados provides personalised and specialised legal services to its clients with a very strong boutique law firm character. Lawyers at the firm sustain, share and uphold conduct principles based on ethical and professional excellence, loyalty and interactive work with the clients rather than merely sticking to the traditional view of working for the clients. The firm gives a special focus in terms of speed of reaction and attendance to the needs of the clients.Most lawyers at the firm are very familiar with and experienced in in-ternational transactions. Moreover, a number of the lawyers have either lived or studied law in Common Law jurisdictions and/or have also had in-house counsel experience in the investment banking sector.

Clients of BCS Advogados consist mainly of private sector domestic corporations, including banks, borrowers and issuers. The firm caters for needs of other clients as well. Public sector entities and high-income individuals account for some 25% of the firm’s turnover. Additionally, BCS Advogados is extremely well equipped to assist, and does in fact assist, several foreign entities. However, the firm is mostly committed to raise the relative weight of foreign clients within its global turnover.

Taking into account the current sovereign debt crisis and budgetary con-straints affecting Portugal’s economy, it is most likely that the country will take longer than previously anticipated to recover from the world’s steep recession. Such standstill will be harsher taking into account the excessive weight of the public sector in the domestic economy.

Severe restrictions on financial leverage for transactions and lack and/or cost of funding, have made it more relevant than ever to have resort to a solid and reputable financial adviser as critical factor for a

successful transaction.For law firms in Portugal, including BCS Advogados, assignments

related to litigation, both in contract and in tort (with more and more businesses and individuals considering to sue for unlawful damages and going for the big-pocket liability option), debt enforcement, debt restructuring and insolvency have consistently increased in number in 2010.

It should also be said that most law firms in Portugal, despite the fact that very few of them expressly acknowledge the trend, have either gone into downsizing or made other adjustments, including their fee structure.

BCS Advogados has adjusted relatively well to the global economic downturn. However, turnover has come down by some 11%. Lesser deals and more litigation has been a trend at the firm in 2010.

Despite of the tough market conditions the firm has managed to gain many achievements. One of the firm’s main successes in 2010 was the representation of the LBO purchasers within the over €10 million pur-chase of the leading Portuguese sparkling wine producing company. Throughout the year, the firm has also advised, for instance, Millen-nium BCP, Águas de Portugal (AdP), GLINTT, Caves da Raposeira, the Municipality of Lisbon, AutoSuecoCoimbra, the MainSide Group, LxFactory, PROBAR, LongaVida (Nestlé), Munditubo, the Malo Group and the European Maritime Safety Agency (EMSA).

Riding on a wave of success, BCS Advogados’s further plans for the future include expansion of its client base and number of offices. Moreover, the firm is very focused on contributing to the consistent growth of a newly founded alliance for Iberia and Latin America in which, besides Portugal, law firms from Brazil, Spain, Argentina, Mexico and Chile take part. BCS Advogados has also discussed pros-pects of merger with a limited number of other law firms, Portuguese or foreign. However, no final views on whether to merge or not were adopted by the firm so far.

As final remarks, in 2010 Baião, Castro & Associados have been successfully chosen as the winner of the “Corporate Intl Magazine” Global Award “Corporate Law Firm of the Year in Portugal”, that re-wards a law firm by the quality of its services. Also, its partners Felipe Baião do Nascimento, Victor de Castro Nunes and Ana Paula Matos Martins have been considered “European legal experts” in Banking and Finance, Corporate and M&A and Dispute Resolution, respec-tively, by the relevant publication “European Legal Experts” (2010 edition). The firm is also regularly associated as an article contributor with annual publications such as “Mergers & Acquisitions” and “The Restructuring Review”.

Victor de Castro Nunes Managing Partner Baião, Castro & Associados+351 213 190 [email protected]

Portugal

68 Corporate INTL December 2010

Deals of the Year

“RIDING ON A WAVE OF SUCCESS, BCS ADVOGADOS’S FURTHER PLANS FOR THE FUTURE INCLUDE ExPANSION OF ITS CLIENT BASE AND NUMBER OF OFFICES. MOREOVER, THE FIRM IS VERY FOCUSED ON CONTRIBUTING TO THE CONSISTENT GROWTH OF A NEWLY FOUNDED ALLIANCE FOR IBERIA AND LATIN AMERICA IN WHICH, BESIDES PORTUGAL, LAW FIRMS FROM BRAzIL, SPAIN, ARGENTINA, MExICO AND CHILE TAKE PART.”

“LAWYERS AT THE FIRM SUSTAIN, SHARE AND

UPHOLD CONDUCT PRINCIPLES BASED ON ETHICAL

AND PROFESSIONAL ExCELLENCE, LOYALTY AND

INTERACTIVE WORK WITH THE CLIENTS RATHER

THAN MERELY STICKING TO THE TRADITIONAL VIEW

OF WORKING FOR THE CLIENTS.”

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End of Year Review

Timofeev, Vahrenwald & Partners is a full-service Russian law firm that offers expert legal services to corporations conducting business in the Russian Federation and abroad. The firm specialises in managing high value, complex and multi-jurisdictional cases, involving multiple claims and parties.

TV&P’s lawyers have developed and successfully put into practice an im-mense amount of tactical options and schemes. However, they understand that cases differ from each other according to the conditions and clients’ objectives and that each dispute has its own peculiarities. In this regard, the lawyers focus on the commercial interests of their clients and evaluate all possible risks in order to propose an optimal procedural strategy in each particular case.

All TV&P’s practitioners have graduated from prestigious law schools and received additional qualifications in the US, France and Great Britain; many of them have doctorate degrees. Due to the distinguished back-ground in government and academia, deep knowledge in all legal spheres, the lawyers are regularly engaged as consultants on different legal aspects by international organisations such as United Nations Environment Programme (UNEP), Global Environment Facility (GEF), as well as by major national and foreign companies (“Gazprom”, “Gyprospecgaz”, “Globalstroy−engineering”, “Deutsche Lufthansa AG”) and Embassies of foreign States (Embassy of Peru, Embassy of Iran).

TV&P’s legal representation is founded upon solid experience in all areas of practice. The firm has successfully participated in a variety of

projects, including US 120 million debt recovery in LCIA, legal sup-port for LNG supplies from Russia to USA by sea; bankruptcy of US 40 million plant; legal support for the operations of medium-sized Russian oil and gas companies; legal counsel to a major South Korean investment fund on various aspects of operations in the Russian mar-ket; representation of a Korean company in the course of the acquisi-tion of shares in a Russian airport (US 70 millions); representation of a Pulp and paper plant in the acquisition of share in a British company (US 20 millions); protection of an Italian insurance company’s interest in a dispute with a Russian production enterprise (US 2 millions), and many more. A significant number of abovementioned deals took place over the last 12 months, when economic conditions have been very fragile as a consequence of the global financial crisis.

Among other achievements of the last year, it is necessary to note an essential staff increase of the firm, as well as the establishment of busi-ness relations with a number of foreign law companies.

Partners at TV&P are planning not only to maintain these relations but also establish new ones with different law firms (which do not obtain offices in Russia) in order to grant legal aid for their clients. Ad-ditionally, TV&P’s lawyers are going to establish mutual relations with the Chambers of Commerce and Industry of different countries for the purpose of rendering assistance to their members, which are engaged in activities in Russia. All of these activities planned for implementa-tion in 2011 will ensure the firm’s development and will enhance its position on the market.

Dr. Ivan BunikPractising LawyerTimofeev, Vahrenwald & Partners +7 (495) 9407797 [email protected] www.tbplaw.com

Russia

Pyprus is an intellectual property (IP) firm which provides local and international IP services. IP refers to creations of the mind: inven-tions, literary and artistic works, symbols, names, images, and designs used in commerce. Simply put, Pyprus provides services to record and protect its clients’ creations.

Key IP services of the firm include patents, trademarks, industrial de-signs, advisory services and portfolio management. Professionals at the firm can help clients with patent specification drafting and prosecution, trademark registration, and industrial design registration, among others.

With the growing importance of the IP protection, professionals at Pyprus have seen a rising demand for the following services: IP portfolio management, IP valuation, freedom to operate opinion/analysis.

Pyprus’s clientelle consist of small and medium enterprises, multi-national corporations, public-listed companies, government agencies and institutions, and law firms. Todate, the industries which the firm renders its services to include, but are not limited to, oil and gas, manu-facturing, electronics, IT and communication, chemical and biological sciences, services in media and entertainment, lifestyle, food and bever-ages, and mining.

The team at Pyprus consists mainly of Singaporean and Malaysian registered patent, trademark and design agents. The firm’s professionals come from diverse backgrounds and varied disciplines. Each of them possesses rich experience in the area they were trained in and practiced.

The name of the firm, Pyprus is a coined word inspired from the word ‘papyrus’. Papyrus was the writing material used by the ancient Egyptians, Greeks and Romans. Its use as a writing material begun as early as 3000 BCE and continued for more than 3,500 years. As a writ-ing material, it was used longer than any other material in the history of written documents.

The mission of Pyprus, which can be easily deduced from the firm’s name, is to help its clients write, record and register their intellectual property, to establish and to protect their rights over it.

The firm has a vision to provide excellent service to its clients ac-cording to their needs and to develop the potential of each member of staff to the fullest so that the practitioners can grow together with the firm as a whole.

In 2010, Pyprus was listed as one of top firms in Singapore in the area of patent prosecution, in Managing Intellectual Property’s annual surveys. However, the IP services of Pyprus are not limited to the jurisdictions which the firm has presence in, that is, Singapore and Malaysia. To-date, Pyprus has assisted clients with their IP protection in more than 100 countries worldwide.

Additionally, the firm can also provide its clients with litigation support relating to intellectual property disputes as well as advisory services on technology transfer, due diligence, valuation and freedom to operate/infringement analysis.

Constance MahHead | Trademarks+65 6734 [email protected]

Singapore

Bojorge & Associates is a law firm providing a wide spectrum of ser-vices in the area of immigration law. It assists in all related proceedings and representation. The firm provides businesses, employees, foreign resident citizens and non-resident citizens with legal and consulting services with regard to visas, immigration and business resources opportunities. The firm specialises in business outsourcing in India, China and Spain.

Marla Bojorge, attorney at Bojorge & Associates, said: “Our firm is able to provide specialised services to help our clients, both individuals and companies. We bear in mind that every case is different and each client is special for us. We can provide tailor-made services to meet our clients’ highest expectations.”

Practitioners at Bojorge & Associates do not only focus on the present but can also see far ahead into the feature. “Recently, we have started an alliance between China and our firm. We are planning to strengthen this relationship and make it a long-term partnership,” noted Ms Bojorge.

It will certainly be possible thanks to the firm’s business model that fits international market needs. “We facilitate the practical style and offer different solutions because we understand the functioning of the modern market. This year we have been studying to introduce innovative mea-sures which will take place in phases soon,” added Ms Bojorge.

Current business environment in Spain is very difficult and the global crisis has decreased the amount of immigrations to Spain. As Ms Bojorge pointed out the crisis has also had positive influence because it stopped

the economic model which was based on construction and low skill immigrants.

Ms Bojorge claimed: “The Companies and individuals have modified their plans and budgets widely. My firm has adapted to this new situation and established new measures in order to preserve our clients and continue to offer best quality services.”

Bojorge & Associates is an important participant on, what is to-day called, an international playing field. The firm uses new tech-nologies which enables it to help its clients in a modern and most convenient way. As a result clients of the firm are able to carry out all necessary tasks without being in Spain. Ms Bojorge pointed out: “The majority of my clients belong to technology sector and they value rapid action and our approaches.”

Most of the firm’s clients are internationals but the practice is also opening business relations with local clients. Being open-minded and giving better attention to all clients is one of the main points of the firm’s agenda for the foreseeable future. The firm is also going to strengthen its strategic alliances and incorporate R&D measures. Ms Bojorge said: “I will implement R&D in my law firm following an action plan done by a Business School. Ad-ditionally, I am a PenalNet Lawyer who represents Spain under the EU Criminal project. The European Commission will finance the PenalNet Plus which expands the number of member countries and creates a videoconferencing system encrypted.”

Marla Bojorge - AttorneyBojorge & Associates +34 [email protected] /[email protected]

Spain

70 Corporate INTL December 2010 December 2010 Corporate INTL 71

Poledna Boss Kurer AG (“PBK”) offers full range of services typically required in the context of international transactions and restructurings, namely corporate, contractual, tax and labour law as well as regulatory advice. Combined, the firm can claim several decades of experience in the above mentioned areas.

PBK’s partners are all well established practitioners recognised as such in the market. The firm’s associates are dedicated professionals with a clear client area of expertise. Professionals at the firm provide legal advice and representation in legal enforcement by employing an approach and devices which are adequate to today’s challenges. PBK consists of experts who, rather than being simply a collection of unrelated resources, see beyond the traditional limits of their areas of expertise.

Walter H. Boss, practitioner at PBK, said: “We view ourselves as part of the client’s risk management. The law is for us a tool to control risk. Based on this premise we help our clients create contractual and organisational structures that give them control over the relevant processes. We partici-pate in shaping our client’s business activities which involves establishing corporate, legal and tax related structures that are in line with the client’s goals. We work in a process and goal oriented manner. Finally, we are anxious to always be aware of current legal developments as well as the administrative practice.”

As in many other countries, the Swiss M&A market has been sub-stantially affected by the global financial crisis. This holds particular-ly true for the private equity sector of the market. The main reasons are the lack of available funding and the absence of willing sellers in the prevailing market conditions. In the meantime, however, as Mr Walter claimed, the market has considerably improved. “It appears fair to say that Switzerland has been hit to a much lesser extent by the recession than many other jurisdictions,” he said.

He added: “M&A activities have resumed but are not near the level they used to be before the crisis. The industrial and technology sec-tors as well as the real estate sector have proved particularly resilient. On the other hand, the finance sector as well as the IT sector seem to be suffering. Needless to say that the VC market has been particu-larly hit as a result of the scarcity of appropriate funding.”

The Swiss M&A market is nevertheless still very attractive as far as the legal and tax environment are concerned. Most importantly, there is certainty of law as a well established practice has evolved under the merger act under which it is feasible to effectively restructure corpora-tions in order to achieve the investors’ goals and, crucial in most cases, to address tax issues typically in a ruling which may be obtained from the competent tax authority in a rather short time frame. Additionally, the corporate tax reform II has improved the situation.

Walter H. Boss - Attorney at LawPoledna Boss Kurer AG +41 44 220 12 12 [email protected]

Switzerland

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December 2010 Corporate INTL 73

End of Year Review

72 Corporate INTL December 2010

AAC Capital Partners acquires Envirotainer

A European mid-market buy-out firm has acquired a majority stake in Envirotainer, the world leader in temperature controlled logistics for the phar-maceutical industry, from Industrifonden and a number of private investors. Envirotainer’s man-agement team will be investing alongside AAC.Envirotainer designs, manufactures and rents spe-cialist air cargo containers for the transportation of temperature sensitive pharmaceuticals. Headquar-tered in Lagga, Sweden, the business has grown substantially to form a strong worldwide presence since it was first established in 1984. Today, the busi-ness covers the major trade routes for biological pharmaceuticals, with service hubs in 26 countries and sales of around €31 million.

Petter Kilefors of Arthur D. Little led the team that

completed Commercial Vendor Due Diligence on the transaction.

Commenting on the deal Mr Kilefors said that Industrifonden was in need of a ‘success case’ like this and it turned out to be one of their best invest-ments ever.

Mr Kilefors said: “This was one of the largest (transaction value not disclosed) in Sweden over the last year. Non-cyclical asset coming from a turn-around/bankruptcy situation focused on food, over time shifting strategy to become a very stable key supplier to the world’s largest pharmaceutical companies.”

Financial DD was provided by Ernst & Young while M&A DD was provided by Carnegie. Legal advice was provided by Lindahl.

AAC Capital Partners acquires Envirotainer

Legal advice provided by:

Financial Due Diligence provided by:

Commercial Vendor Due Diligence provided by:

Cleary Gottlieb Steen & Hamilton and Gib-son Dunn & Crutcher have taken lead roles on Heineken’s acquisition of Mexican drinks compa-ny FEMSA for €5.3billion (£4.8billion). FEMSA, the largest beverage company in Latin America, received a 20% stake in Heineken as part of the all-share deal, which sees Heineken take over FEMSA’s beer business. The €5.3billion value of the deal includes €1.5billion (£1.35billion) of net debt as well as the equity value of €3.8billion (£3.4billion). The deal, which was closed in the second quarter of 2010, gave Heineken a foothold in Latin America for the first time.

Heineken turned to Gibson Dunn & Crutcher for US counsel with corporate partner Stephan Haimo leading a team from New York alongside lawyers in Los Angeles and Palo Alto. The Dutch brewing company was also advised by Mexico-based firm

Galicia & Robles with a team led by José Visoso and Christian Lippert.

Commenting on the deal Mr Visoso said: “This transaction positions Heineken as one of the major players in Latin America. The mechanism for the allotted share delivery was a very creative solu-tion. The exchange of shares will allow Mexican investors to participate in a strong worldwide company.”

Brazil’s Mundie Advogados advised Heinek-en on local law issues with a team led by Kevin Mundie and Arthur Viñau.

Cleary Gottlieb Steen & Hamilton advised regu-lar client FEMSA with New York corporate part-ner Jaime El Koury heading up the firm’s team. Freshfi elds Bruckhaus Deringer was European counsel with London-based corporate partner Ju-lian Long advising.

Heineken €5.3bn buyout

Heineken acquisition of FEMSA

US legal adviser to Heineken:

Mexican legal adviser to Heineken:

Brazilian legal adviser to Heineken:

Ahmedabad-based Kiri Dyes and Chemicals Ltd – through its SPV, Kiri Holding Singapore Private Limited – has acquired the German DyStar Group (Dystar) from the Insolvency Administrators of Dystar’s estate via an asset purchase agreement.Kiri Dyes is a listed Indian company engaged main-ly in the manufacture of reactive dyes, which are used primarily in cotton fabrics. The company also manufactures and markets dye intermediates and basic chemicals for the dyestuff industry.

DyStar is a global market leader for dyes, dyes solutions, leather, performance chemicals, new technologies and custom manufacturing of spe-cialty dyes and pigments. It provides high-quality products and services across the entire value chain in various sectors such as apparel, hosiery, automo-tive, carpets and industrial fabrics. In September 2009, Dystar filed for insolvency with the Frankfurt courts, and Insolvency Administrators were ap-pointed to manage the estate of Dystar.

Kiri Dyes acquisition of Dystar Group M&A International Inc.’s Indian and German

members, SBI Capital Markets Ltd and Angermann M&A International GmbH, advised Kiri Dyes throughout the buy-out process, from coordination of the due diligence process and negotiations with the Insolvency Administrators over the estate of Dystar (appointed by the German courts) through to the successful closing of the transaction.

Angermann M&A International GmbH led the transaction on behalf of Kiri Dyes & Chemicals Ltd. Commenting on the deal Dr. Hans Bethge, partner of the firm, commented: “This was a once-in-a-life-time occasion for Kiri. It has acquired access to the world market with the leading brand and the op-tion to decrease production costs considerably.”

Noerr Stiefenhofer Lutz was legal adviser to Dy-star with a team led by Michael Neumann.

SBI Capital Markets Ltd provided financial ad-vice to Kiri Dyes.

Kiri Dyes acquisition of Dystar Group

Legal adviser to vendors:

Financial advisers to Kiri Dyes:

&

Deals of the Year

European legal adviser to Heineken:

Calash originated as a UK and Scotland commercial and operational due diligence provider, with services that offer investors, debt provid-ers and stakeholders an objective review of a business’s sustainability, and ability to deliver growth projections. In the last three years the firm has diversified, in response to demand for strategic support ser-vices, for both trade players and private equity.

According to Ewen MacLean, project manager of Diligence Services at Calash, the firm distinguishes itself from competitors via the range and depth of its partners’ experience, which enable the firm to focus on key risks for clients and asses them promptly and efficiently. Mr. MacLean noted: “We have been involved in more than 300 transactions since our inception in 2003. Most of these transactions have been energy related, but we have also seen a high level of activity in adjacent sectors such as environment, engineering and manufacturing.”

When asked to summarise the main areas of due diligence a potential acquirer considers before completing a transaction, Mr. MacLean noted that acquirers seek a good understanding of a target business at a level that is often not entirely met by traditional financial, legal or market due diligence. While these diligence processes are important to address problems within a specific subject area, they rarely provide insight into the operational root cause of a problem, and whether, or indeed how this may be resolved.

Another project manager at Calash, Merlyn Gregory, states that in her view, Commercial Due Diligence has been perceived as a review of the macro market that a business operates in. However, without reviewing the business internally it is not possible to interpret these statistics and determine their true meaning to the company, its management team, personnel and operations. Through its own unique diligence process, Calash addresses these issues.

In addition, the global economic crisis meant that many individuals and companies had to be more careful before finalising investments. With regards to Calash’s changing workload throughout this tumul-tuous period, Ms Gregory said that following the downturn, Calash witnessed changing trends within the commercial due diligence market-place and the type of diligence services offered. “There is consequently an increasing demand for a much more comprehensive assessment of a business,” she said, “in order to highlight risks prior to a transaction. Investors in the UK, particularly banks, are required to obtain an in-

depth understanding of the businesses they support, and to be seen to mitigate the risks through careful consideration and evaluation.

“Despite the slower than anticipated return of activity in the energy markets, Calash has been fortunate enough to have grown in this period, in both the volume and size of transactions that we are involved in.

“We are also seeing steady growth in offshore renewables. While this market has been the subject of numerous false starts we are now seeing strong interest and investment in the sector. This bodes well for Calash who, as an energy specialist, is in an optimum position to provide advice to investors and acquirers on the potential risks and obstacles that may be encountered when entering this market.”

Calash was founded by successful energy industry professionals who understand the operational, managerial and commercial aspects of making a business prosper. Collectively the firm’s experience includes offshore engineering, geology, media and communication, retail, supply chain management, business development, operations management, project management and marketing.

Mr. MacLean concluded: “One recent project for Calash involved assisting a major energy service company who was seeking to diver-sify their service offering in terms of acquisition. This required us to undertake both an internal and external review of the business before assisting management in the development of an appropriate strategy. We enabled management to understand the potential acquisition targets that would help to build the company and strengthen its busi-ness model.

“Calash has since helped management teams to develop a more robust business model and establish strategies to protect the busi-ness from changing conditions. In some cases our support has been to help a company exploit a strong position in the market against general market trends.”

He also said that although the North Sea is still generating high levels of activity and will continue to do so in the near future, service companies are growing their global footprint in a bid to penetrate flourishing markets – and therefore both the firm’s transactional and strategic work has globalised in order to reflect this.

Ewen MacLeanProject Manager, Diligence ServicesCalash+44 (0)1224 [email protected]

Merlyn GregoryProject Manager, Diligence ServicesCalash+44 (0)1224 [email protected]

UK

“WE ARE ALSO SEEING STEADY GROWTH IN OFFSHORE RENEWABLES. WHILE THIS MARKET HAS BEEN THE SUBJECT OF NUMEROUS FALSE STARTS WE ARE NOW SEEING STRONG INTEREST AND INVESTMENT IN THE SECTOR.“

“IN THE LAST THREE YEARS THE FIRM HAS DIVERSIFIED, IN RESPONSE TO DEMAND FOR STRATEGIC SUPPORT SERVICES, FOR BOTH TRADE PLAYERS AND PRIVATE EQUITY.”

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Gates and Partners is noted for its status as the only full service UK aviation law firm offering a truly international service. The firm was incorporated seven years ago has already become an industry leader on a global scale.

Aoife O’Sullivan, partner with the firm, commented that Gates and Partners’ lawyers integrate well together and place a high level of value in cross-selling and sharing expertise – which is something that is not usually seen across departments in other law firms.

Ms. O’Sullivan said: “For example our commercial lawyers share knowledge with our insurance lawyers, and together they have developed new and innovative solutions for insurance issues on aircraft financing. Similarly, the expertise of our insurance lawyers in handling claims and reviewing lease disputes is invaluable to our commercial and regulatory lawyers when they draft new contracts. We have encouraged a team ap-proach within the firm and with our clients, which means that our clients are getting the best out of the firm rather than the services of just one client relationship manager.”

According to Ms. O’Sullivan, by concentrating so heavily on one in-dustry, the firm has gained an in depth knowledge of the workings of the industry. She said that in addition to this, the firm’s clients are currently based in a great many jurisdictions. “This is important,” she said, “aviation law by its very nature tends to be international and will incorporate many different jurisdictions.”

The aviation industry in general has suffered extensively during the tumult of the economic recession, particularly the airlines. Ms. O’Sullivan commented: “The economic recession is just one of the many issues facing the industry right now – new European regulations on delayed boarding will have a huge cost effect on the airlines; the volcanic ash issue this year hit the European airlines extensively with all of them reporting millions in losses as a direct result of the grounding of aircraft; while competition from low cost carriers has driven low prices across the industry, making it essential for airlines to find alternative ways of driving income to survive. Add in labour disputes, taxes and charges and the huge cost of marketing and advertising, and it becomes readily apparent how challenging the industry is at the moment, none of which looks ready to change in the immediate future.”

However, Gates and Partners’ predominantly global outlook will assist the firm in faring the remainder of the downturn period. Ms. O’Sullivan concluded: “We have experts who are specialists on all aspects of aviation law. We also have lawyers qualified in many dif-ferent jurisdictions and who speak different languages. This combi-nation of legal expertise and cultural knowledge is invaluable – for example, our Greek partner is assisting on the Helios loss in Greece; our Russian partner handles aviation claims in Russia and the CIS; and our Latin American colleague deals directly with clients from Puerto Rico. The range of expertise within the firm is very diverse.”

Aoife O’SullivanPartnerGates and Partners +44 (0)844 692 4900 | +44 (0)207 337 0300 [email protected]

UK

Ford & Warren Solicitors is an independent, full-service law firm based in Leeds. The firm offers an excellent service at very competitive rates; proving to their varied client base that they do not have to pay London city prices for a quality service. Despite catering to a host of local needs, the firm receives 70% of instructions from outside the Yorkshire area, giving the firm a national and international presence.

Recently the firm has become the sole UK member of Primerus; an inter-national society of top-rated, independent law firms. The firm excelled in meeting the society’s high standards and demonstrating Primerus’ key necessary qualities for member firms, so much so that managing partner Keith Hearn was recently appointed as Primerus’ International Chair for the Board of Governers’ Executive Committee.

The firm’s Primerus connection gives them a distinct advantage when working on today’s international playing field, making Ford & Warren more equipped than most to assist both local and foreign clients. Recent international instructions have come from Germany, America, Canada and China.

Despite the current climate, the firm has remained in a very good position throughout the economic downturn. Where other firms have suffered, Ford & Warren has benefited due to its price advantage coming to the fore. Where clients have looked for a quality service and excellent value for money, their search has often led them to Ford & Warren.

Over the last year the firm has seen many successes. The firm contin-ues to grow organically and attract a client base which includes FTSE

100 companies. The firm continues to rank highly within both the Legal 500 and Chambers directories particularly within the areas of employment law, transport, licensing, debt recovery, commercial litigation and personal injury defendant claims.

With a history that goes back almost 150 years, here stands a firm that has stood the test of time. The firm has always prided itself on providing its clients three key benefits: value for money, profes-sionalism, and excellent client care. The firm’s clear ‘No Surprises’ policy provides its clients with the peace of mind that they are being represented with absolute integrity.

Ford & Warren are a firm that have built a client base on recommen-dation and reputation. Going forward, the firm plans to continue to play to the strengths which differentiate them from their competitors.

Ford & Warren’s dedication to the identification of changing client needs, their global connection to a network of top-rated law firms and their passion for providing a client-led service at a reasonable price, continues to attract those smart companies and individuals who realise that innovative market-focussed law firms do not have to charge high fees, or be on the client’s doorstep, to deliver an unbeat-able service.

UKKeith HearnManaging PartnerFord & Warren Solicitors+44 113 243 [email protected]

End of Year Review

2010 was an active year with respect to patent news in the United States. A number of changes will likely affect businesses in the coming year. Norman Sims, shareholder at Dobrusin Thennisch, pointed out what he thinks can influence the American patent market.

Patent owners need to make sure that their products are marked with valid and unexpired patent numbers. Recent court rulings have held that under 35 USC 292 the statutory damages of up to 500 US dollars can be applied for each falsely marked product. This has spurred numer-ous actions by private citizens, many not actually injured by the accused marking. Pending legislation seeks to clarify the law.

It appears that Patent Reform legislation will not pass in 2010 despite widespread support for the provisions of Senate Bill 515 and HR 1260. Included in the present form of the bill are the following issues: first in-ventor to file, pre-grant submission of prior art, patent marking changes, administrative post-grant review of patents, codification of damage calculation practices. The main opposing factions continuing to slow passage of the legislation are pharmaceutical and information technology business concerns.

The Supreme Court of the United States confirms that business meth-ods may be patentable and rules that the machine or transformation test is not the only test to determine if a business method contains patentable subject matter.

Patent Applicants are required to disclose facts and references that impact patentability to the US Patent Office. The failure to disclose relevant facts and references to the US Patent Office can result in patents

being found invalid. The courts require that intent to deceive and materiality of the withheld information must be shown to find a patent invalid. Additional guidance on these standards is expected in the next year.

In the face of growing demands for “rocket docket” litigation, United States Courts increasingly have sought to discourage forum shopping, and have fostered resort to the Appeals Court for venue issues, by way of writs of mandamus. The courts are basing forum decisions on where evidence and witnesses reside, notwithstanding “plaintiff’s choice of forum”.

Recent court cases have illustrated the “common sense” ground for obviousness attacks. Though objective evidence of obviousness remains a compelling way to rebut an obviousness attack, the most successful approach has been to demonstrate that the attacking party failed to address all of the claim elements (prove that all of the elements are known in the prior art or are easily derivable from the prior art).

The quality of the written description portion of patent applica-tions has received increased scrutiny in recent court decisions. These court decisions make it clear that poorly written descriptions can result in invalidation of patent claims. Additionally, the US Patent Office has issued new quality initiatives for patent examiners which include a focus on the key aspects of patent examination, such as best search and examination practices and surveys of perceptions or ap-plicants, patent attorneys and examiners. The goal is to improve the quality of patent examination.

Norman Sims ShareholderDobrusin Thennisch+1 248 292 [email protected]

US - Michigan

Robert R. Redwitz & Co is an accounting and consulting corporation founded in 1975. The firm serves clients throughout the United States and internationally through its California-based offices in Orange Coun-ty, San Diego County and the San Francisco Bay Area. Additionally, the firm provides financial services to several renowned European entities.

Robert R. Redwitz & Co. takes special pride in serving as advisors and “sounding boards” to its clients – playing an essential role in assisting them with the multiple decisions they face each day.

The firm is known for its strong emphasis on tax planning that optimises the client’s tax position throughout the year – not just at reporting time. This proactive approach minimises state and federal tax liabilities and promotes greater wealth accumulation.

Robert “Randy” Redwitz, senior managing principal at the firm, said: “We specialise in individual, corporate, partnership, trust, estate and gift tax strategies, and we are known for our outstanding client representation before regulatory agencies when required.”

For over 30 years Robert R. Redwitz & Co. has maintained a solid base of clients in the nonprofit, management training, communications, construc-tion, real estate sales and development, distribution, legal, publishing, and manufacturing industries.

Mr Redwitz holds a position on the International Board of AGN. The firm’s strong association and involvement in AGN allows for international collaboration with leading authorities in accounting, taxation, and audit and business management services.

What further sets Robert R. Redwitz & Co. apart from other accounting

and consulting firms is a unique complement of services and intel-lectual capital offered through five affiliated firms, known as Red-witz Business Solutions. Through these firms, Robert R. Redwitz & Co is able to offer “Total Business Solutions” to provide innovative strategies and resources to clients.

The other four firms are the GDR Group, Inc, an information technology service; The Diamond Group, Inc, a strategic business government firm; Redwitz Wealth Management Group, a registered investment advisory services and financial planning organisation and Learning Communications, LLC, a HR resources firm.

“With flexibility as the focal point in meeting our clients’ needs, we can work directly in the capacity of a chief financial officer or we can fill that position on an outsource basis,” noted Mr Redwitz.

He continued: “Additionally, Robert R. Redwitz & Co. is relation-ship-based in our work with businesses ranging from start-up, expansion, merger or sale. It is our relationships that have sustained us through a variety of economic climates in our 30+ year history.”

As a relationship-based firm, Redwitz & Co. operates in ac-cordance with a stringent set of core values to protect and cultivate client relationships. These core values include integrity, communi-cation, caring and compassion and a passion for excellence.

Mr Redwitz concluded: “Core values are our business principles and common guideposts that help to define what we at the firm stand for. These values are never to be compromised; they assist ev-ery member of our firm to provide unmatched service and support to our clients at every level, every day.”

USA – Orange CountyRobert “Randy” RedwitzSenior Managing Principal Robert R. Redwitz & Co+1 800 576 [email protected]

74 Corporate INTL December 2010 December 2010 Corporate INTL 75

Page 15: End of Year Review - BLS Rechtsanwälte · p.63 Tatva Legal (India) Contents End of Year Review Our End of Year Review profiles firms that deserve a special recognition for their

Fortney & Scott, LLC (“FortneyScott”) is a Washington, D.C. law firm that counsels and advises clients on the full spectrum of workplace-re-lated matters, including international labour and employment compli-ance, U.S. employment discrimination and labour, and government contracting. Clients recognise and depend on the firm’s significant expertise and its effective and efficient representation and advice. Fort-neyScott has been named as a “Go-To” law firm by FedEx Corporation; Lockheed Martin Corporation; OfficeMax, Incorporated; and SYSCO Corporation, based on a national survey of General Counsel of the Fortune 250. Additionally, FortneyScott is the Washington, DC employ-ment law firm in the International Network of Boutique Law Firms.

Jacqueline R. Scott is a co-founder of FortneyScott, where her diverse practice focuses on business, international, and workplace matters, including counseling foreign-based clients on complying with U.S. work-place and tax laws and assisting U.S. employers in expanding outside the U.S. Ms. Scott has significant experience and expertise in adjudicating both U.S. and international commercial and employment disputes. She served for many years as the United States’ Member and the First Vice President of the United Nations Administrative Tribunal, an independent appellate forum of last resort that adjudicated claims made by United Na-tions employees worldwide.

Ms. Scott is a frequent lecturer on issues of international labour and employment law, including data privacy, expatriate agreements, interna-tional tax, and human rights. Ms. Scott holds key leadership positions in international professional organisations. She serves as a Deputy Director, Human Rights, Union Internationale des Avocats (the “UIA”), an associa-tion of international lawyers that is committed to the protection of human

rights and the defense of their universal nature. She also is a member of the ITC Pro-Bono Committee on International Model Contracts for Exporting SME’s and is an American Bar Association representative to the UIA.

As an outgrowth of its strong international practice and related professional services, in January 2010, FortneyScott launched the Global Workplace Compliance Network (www.gwcnetwork.com), a joint project between the firm and ORC - Mercer. The GWCN is a unique source of global workplace compliance information and net-working that puts its members—lawyers and senior human resource professionals of major, multinational corporations—in contact with legal and business experts from around the globe.

Another unique dimension of FortneyScott’s professional services is its affiliated human resources consulting firm, WorkPlace HR, LLC (www.workplacehr.org). WorkPlace HR offers premium human resources consulting services that emphasise the design and deploy-ment of legally sound compliance policies and procedures. The consulting firm assists existing and new, domestic and multinational employers and federal contractors in complying with affirmative ac-tion and non-discrimination obligations.

FortneyScott’s legal team includes lawyers from the U.S. Depart-ment of Labour, former corporate counsel, and alumni from leading international law firms. This combination of unique experience and innovative practice allows FortneyScott to constantly broaden its domestic and international practice in response to the needs of its clients, who range from Fortune 50 companies to small start-up busi-nesses. More detailed information about FortneyScott is available on the firm’s website at www.fortneyscott.com.

USA – WashingtonJacqueline R. ScottAttorneyFortney & Scott, LLC+1 202 689 [email protected]

76 Corporate INTL December 2010

Windels Marx is a full service law firm with an emphasis on corporate finance, tax, international law, bankruptcy and commercial litigation. The firm, which now has more than 120 lawyers in several states, has been in existence for over a century and represents highly recognisable institutional clients, as well as development stage companies and entrepreneurs.

In addition to the areas mentioned above, the firm enjoys a strong reputa-tion, and is recognised as one of the better bankruptcy firms as evidenced by the fact that it has been selected as co-counsel to the Trustee, in the Bernard Madoff case.

Due to its professional staff and low service charges, Windels Marx is the firm that distinguishes itself on the market. Charles Damato, partner at the firm, commented: “Unlike many of the larger firms with whom we compete, our clients enjoy dealing with an experienced partner from start to finish of a project. Our rates are also up to half the rates charged by larger firms, which is unusual for a firm of our size and standing.”

Moreover, the firm is able to provide services on a cross-border scale. “The close relationships we enjoy with firms throughout the world includ-ing Europe, Latin America, the Middle East and Asia,” noted Mr Damato, “give our firm a strong base to service our clients’ every need both domes-tically and abroad. We have also participated in international arbitrations throughout the world before a variety of international tribunals.”

The business environment in the United States and in New York in

particular, is still feeling the impact of the global recession. Unlike many other firms who have not survived the economic downturn, Windels Marx has not only survived, but has prospered. While the firm’s commercial activity has changed from an emphasis on new origination to restructuring of existing loans, its bankruptcy, work-out and litigation departments have been extremely active.

Furthemore, the firm has helped and continues to help a signifi-cant number of overseas companies and individuals setting up business in the US. Mr Damato said: “We have found that many foreign entities that begin setting up business in the United States have not always been well advised with respect to the tax and other implications of their activities in the United States. We assist many companies in creating a structure to maximize tax and commercial efficiencies and our experience in this area is a major reason we are sought out by many foreign companies and their advisors regard-ing doing business in the United States.”

While many firms have contracted as a result of the economic down turn, Windels Marx keeps expanding its base both domesti-cally and abroad. In February 2011 the firm will be participating in a Latin American symposium that will be held in Brazil. It will be open to Chief Executive Officers in the Latin American hemisphere, and is designed to educate the executives in core cross-border related issues and provide a forum for the exchange of ideas and business opportunities.

Charles DamatoPartnerWindels Marx Lane & Mittendorf+1 212 237 [email protected]

US – New York