vineri, 23 ianuarie 2009

Results positive at both White & Case and Wilmer


White & Case has reported a 7 per cent hike in global revenues for the 2008 financial year.
As first reported by US legal blog AbovetheLaw.com, the US firm increased revenue from $1.37bn in 2007 to $1.46bn in 2008.
The announcement comes after the US firm completed a global management overhaul at the recommendation of McKinsey & Company last year.
As reported by The Lawyer the firm will be managed under key regional jurisdictions including the Americas, Asia and Europe and the Middle East and Africa (3 December). Each group has a range of new practice group heads leading the new management structure.
New York-based corporate partner Neal Grenley has taken up the post of executive partner for the office while partner David Koschik is the new chair of the Americas operations committee.
In the UK Oliver Brettle has replaced senior partner Peter Finlay as head of the office becoming executive partner of London.
A spokesperson for White & Case said the firm was pleased with its 2008 financial performance given the economic downturn.
"As we look forward to 2009, our new strategy and organisational structure will give us the ability to better adapt to changes in market conditions and respond quickly to opportunities in high-priority regions and practices," he added.
The firm’s results coincided with the release of year-end figures at WilmerHale. The firm also posted an increase, in both profit and revenue, for 2008.
WilmerHale’s total income inched up just over 1 per cent from $940m to $955m, while average profit rose a similar amount, from $1.06m to $1.08m.
In a statement, WilmerHale added that revenue per lawyer had also risen, by 5.8 per cent to $1.027m.

White & Case a consiliat grupul AUCHAN pentru achizitia MGV Distri-Hiper in Romania



Birourile White & Case din Bucuresti si Paris au consiliat grupul Auchan în cadrul achizitionarii a 51% din capitalul MGV Distri-Hiper SA, având drept rezultat acumularea unei participatii de 100% la capitalul societatii odata cu obtinerea autorizatiilor administrative necesare. Firma de avocatura asistase grupul anterior, în noiembrie 2008, pentru achizitionarea a 20% din capitalul MGV Distri-Hiper, din care Auchan detinea deja 29%. MGV Distri-Hiper SA exploateaza magazinele sub firma Auchan în România. Echipa White & Case a fost condusa Todd Shollenbarger, Delia Pachiu si Cristina Gavrila la Bucuresti si de Eric Laplante si Eric Muller la Paris. White & Case este o firma internationala de avocatura cotata pe primele locuri la nivel mondial, având peste 2400 de avocati în 34 de birouri din 23 de tari. Numarându-ne printre primele case de avocatura cu sediul central în Statele Unite care si-au stabilit o prezenta cu adevarat globala, White & Case acorda consultanta si reprezentare în practic orice domeniu juridic care afecteaza afacerile transfrontaliere. Firma ofera în mod regulat consiliere celor mai consacrate si respectate corporatii de pe glob, inclusiv doua treimi din Global Fortune 100 si jumatate din Fortune 500, precum si guvernelor, institutiilor publice si financiare internationale, în tranzactii corporative si financiare sofisticate si în proceduri complexe de rezolvare a conflictelor, în practic toate colturile lumii.

marți, 20 ianuarie 2009

Slaughter and May sidesteps the financial carnage


Christopher Saul, senior partner at one of the City's top law firms, describes how the partnership is adapting to survive
to not show photographer information --> to not show image description -->
Christopher Saul, of Slaughter and May, says he is cautiously optimistic that the firm's model is a good one for dificult times and it can afford a short-term sacrifice to increase market share to not show enlarge option.
Slaughter and May has always been different. The last of the big traditional partnerships, with nothing as vulgar as a public relations department, it prides itself on never having hired a partner from outside the firm. But its restrained approach — compared to the gung-ho expansionism of Clifford Chance or Linklaters — once derided as old-fashioned, is now looking more appropriate in the credit crunch era.
Indeed, according to Christopher Saul, the senior partner, “last year was actually busy for us. In some ways, the financial crisis played to the firm's strengths.”
Last year, despite an alarming drop in deal activity, Slaughter and May, one of the UK's oldest corporate law firms and by most accounts its most successful, played a role in several big transactions, advising BHP Billiton on its attempted takeover of Rio Tinto, Banco Santander on its £1.25 billion purchase of Alliance & Leicester and British Airways on its Iberia merger discussions. More importantly, it secured the role of legal adviser to the Treasury, playing a key role in the nationalisation of Northern Rock and the rescue of Britain's high street banks.
Mandates on such high-profile restructurings will be crucial for the leading law firms if they are to compensate for the absence of the sort of multibillion-pound deals that sustained them during the boom years. Linklaters, for instance — perhaps the biggest threat at present to Slaughter and May's position as the City's top law firm — has more than 100 lawyers busy on the Lehman Brothers' administration.

Yet even with an upturn in insolvencies, there may not be enough work to sustain the record levels of growth achieved by top firms in the past few years. “Looking forward over what will be a pretty difficult year for the economy, I'd say [we will be] maybe a bit less busy overall,” Mr Saul admitted — but how many managers in other industries wouldn't kill to have even a hope of matching their best year? “We are cautiously optimistic in relative terms.”
Mr Saul was speaking in his vast office at the firm's building in Moorgate in the City (he apologised for its grandness, explaining that it was inherited from his predecessor). In a corner of the room is a wooden train set, a gift from a client. On one wall is a framed montage of newspaper clippings assembled by his wife from a trip to South America, during which Mr Saul slept through a military coup.
Mr Saul, 53, became senior partner in May after four years as head of the firm's corporate practice. Largely unknown beyond his colleagues, clients and rival takeover lawyers, he was hailed, nevertheless, in legal circles as an astute appointment. His peers say that he is not only capable but a genuinely decent person, a convincing counter to Slaughter and May's reputation in some quarters for being smug and aloof. Despite earning a reported £2.4 million, he takes the Tube to work from his home in Notting Hill. He describes his politics as close to The Independent — liberal-leaning — and holidays with his family in places such as Libya and Colombia. An animated talker, he becomes especially enthusiastic when talking about pop music acts such as Amy Winehouse and Kings of Leon. His one apparent indulgence is a 1973 Porsche 911.
Mr Saul joined Slaughter and May as a trainee in 1977 and is unswervingly loyal to the firm: he rejects any characterisation of his colleagues as arrogant and talks of their “collegiality” and “sense of fun” — a description sure to raise eyebrows among those who depict the firm as one of the City's most demanding employers.
Although Slaughter and May does not publish its financial results — as a traditional partnership, it is not legally required to — several legal publications estimate its revenue last year to have been about £420 million. That was considerably less than its magic circle rivals Allen & Overy, Clifford Chance, Freshfields Bruckhaus Deringer and Linklaters, each of which billed in excess of £1billion, but Slaughter and May is believed to be vastly more profitable. Its partners earned an average of more than £1.5 million last year, according to several estimates.
According to Mr Saul, Slaughter and May is also better placed than its competitors to weather a recession. He cites two reasons: first, its lawyers are encouraged to avoid specialisation, which allows them to shift their focus more easily if demand for certain work disappears. In recent months, the firm has moved several partners from its structured finance practice to bolster its restructuring and insolvency capacity.
Second, Mr Saul says, the firm has resisted the temptation to expand internationally. While most other large firms opened offices in Europe, Asia and the Middle East, Slaughter and May has maintained only a minimal presence outside London, with small offices in Brussels, Paris and Hong Kong. Instead, it prefers to rely on a loose network of “best friend” ties with some European firms when it requires foreign legal advice. This, Mr Saul says, has allowed the firm to keep its overheads relatively low while its competitors struggle to prop up unprofitable foreign offices as revenues decline.
A few years ago, this approach was criticised as being excessively conservative: many said that the firm was too focused on the UK, that its client base, dominated by FTSE 100 companies — it represents 28, more than any other — was stuffy; and that it had been too slow to grasp the importance of private equity and investment banks. Yet its prudence has turned out to be one of its greatest strengths, Mr Saul said.
He was quick to add, however, that the firm was not complacent about protecting its position. “We know we're a quality outfit, but we also know that the competition is great and that we've got to work really hard every day to be worthy of the respect of our clients and competitors.”
Like other firms, he said, the firm is carefully monitoring its cost base and cashflow. According to lawyers at its rivals, it has also been aggressively targeting new clients and mandates, stooping to compete for the sort of work it most likely would not have sought during the boom by ruthlessly discounting its rates — much to the irritation of its competitors.
“We're happy to distinguish between the real value-added work, the important ‘bet the farm' deals, and work that is not of that nature and to distinguish what we charge,” Mr Saul said. It makes sense: as they look to slash costs, clients are increasingly concerned about the amount they spend on legal advice. And Slaughter and May, with a profit margin reportedly above 50 per cent, can afford a short-term sacrifice in order to increase its market share and keep its younger lawyers busy, avoiding the need for redundancies that could leave the firm with a shortage of talent in later years.
Even during the good times the firm had a flexible approach to pricing, Mr Saul said, preferring to negotiate fees based on the complexity of a particular transaction rather than billing by the hour, a practice increasingly unpopular with clients. Yet despite Mr Saul's confidence, he expects the next few years to be tough for even the best law firms. “This is clearly the worst downturn since the Second World War,” he said, “so while I'm optimistic that our model is a good one for difficult times, I am conscious that these are going to be atypically difficult times."
When the dust settles, Mr Saul said, there will be opportunities for lawyers. Not only will companies need advice on coping with increased regulation, lawyers will also play a greater role in putting deals together from the outset as greater attention is paid to minimising risk and protecting investors.
Q&A
If you could change one thing in the financial and commercial environment, what would it be?
At the moment, if I could do it, I would make debt available. What has been pretty odd is that the provision of debt has just more or less dried up. Everybody's been surprised about that, and everybody has different ideas about how one can free up the system. The big challenge at the moment is getting that lifeblood back. There is money around, deals could be done - but they're small and equity-based.
What does leadership mean to you?
Leadership to me means being worthy of respect. Being a source of ideas. I think that to lead you have to have ideas and the enthusiasm to share those ideas and encourage people to implement them. One of the things that really appealed to me [about becoming senior partner] was the cheerleading aspect. I enjoy sharing ideas about new things that we can do and encouraging the firm to strive to be better.
Which businessperson do you most admire?
Golly. I'll have two if I can. I admire Clive Cowdery. I think he's been a genuinely fresh person on the financial services stage. He's built Resolution once and he's on his way to building it a second time. I think he's thought outside the box. And in a desperately bleak environment he's succeeded in getting away an IPO. I admire him for what he's done in difficult circumstances. No 2, I admire Sir Stuart Rose. He turned around Marks & Spencer. He's always upbeat and I like people who are always upbeat. And I think he's done a great job in difficult circumstances. And they happen to both be clients of ours.
What's most important in your working life?
I hope this doesn't sound too corny, but for me working with people who I've grown up with and who are great friends. Here at Slaughter and May, we have actually largely all grown up together. Of 120-something partners, 101 did their training contracts here and the rest were associates here before they became partners. That means we all know each other fantastically well. That personal empathy and co-operation and support is fantastic and it's a big part of why it's good to come to work in the morning.
Who is or was your mentor?
Thomas Buckley. When I joined Slaughter and May in February 1977, I was allocated to sit with Thomas Buckley, who was one of the senior corporate finance partners. I did a year of what is now called a training contract but was then called articles of clerkship. He was fantastic because he was a great corporate lawyer. More than that, he was a very funny man. What he really taught me was that there's a lot of fun to be gained out of legal work. He also taught me that in negotiations you can often make more ground through a twinkle of the eye than a thump on the table.
What's more important, what you know or who you know?
What you know. You need to have a good knowledge of the law, the commercial landscape and of how things have been done before in order to be a good lawyer. Who you know will also be important — sometimes who you know will make the difference — but what you know is part of your basic substance.
Does money motivate you?
No.
What gadget must you have?
A CD player. I love music. Music is very important to me. I can't do iPods because I don't like things in my ears, but I love listening to music. And cars. I've always loved cars. I had a 1989 BMW M3: it looked a bit like a drug dealer's car. I've now sold that, but I still have a 1973 Porsche 911. I particularly like older, classic cars, but any kind of car will do.
How do you relax?
Again, music. Rock and pop music. The Kings of Leon. Amy Winehouse. I liked rock and pop music in my teens and twenties but drifted away from it in my thirties and forties. Then I came back to it big-time about ten years ago. The trigger may have been that I was given a jukebox as a gift from a client. On the back of that, I started going to pop concerts again. Now I go to 12 to 15 a year. I find it an extraordinarily uplifting experience.
CV
Born June 29, 1955, in Carlisle
Education Read law at St Catherine's College, Oxford
Career Joined Slaughter and May in 1977. Became a partner in 1986 and was elected head of the corporate department in 2004. Elected senior partner at the start of 2008 and took over from Tim Clark in May
Interests Classic cars; drives a 1973 Porsche 911 and, until recently, a 1989 BMW M3, which he drove around the Nürburgring in Germany last year. Pop music; favourites include Amy Winehouse and the Ting Tings. Travel; Colombia at Christmas. Reading; the last book he read was The Reluctant Fundamentalist by Mohsin Hamid. His favourite last year was Cormac McCarthy's The Road
Family Married Anne, who is French, in 1985. Two children, Edouard, 20, who is reading anthropology, and Laura, 19, who is reading French and Arabic, both at UCL

luni, 19 ianuarie 2009

Romania Special Report: Late expectations


After 10 years of economic growth, international firms have finally started to flock to Romania. But with the global downturn beginning to have an effect, have they arrived too late?

Romania has certainly made its fair share of headlines in the international legal press over the past 12 months. In the period before and after the country’s EU accession in January 2007, observers of this young but promising legal market confidently predicted that international firms would soon arrive in their droves.
By all accounts the past year has seen them proved right, with the arrival of ­several high-profile Anglo-Saxon names including Allen & Overy (A&O), DLA Piper, White & Case, as well as Spanish firm Garrigues. At the same time, firms already present in the market – including several large Austrian players – have been investing significantly in their Romanian operations, with unparalleled levels of both internal partner ­promotions and lateral hiring.
How has Romania managed to elicit such significant investment from incoming ­international law firms, not to mention those already on the ground, in the midst of a global economic crisis?
The golden years
Being the fastest-growing nation in recent history explains much of the country’s allure. Sectors such as real estate, ­pharmaceuticals, telecoms and automotive have historically attracted consistently high levels of cross-border investment from foreign companies, and with it their legal advisers.
Catalin Grigorescu, managing partner of four-partner firm bpv Grigorescu, the Romanian member of the bpv Legal Alliance, admits: “The number of ­foreign law firms entering this market was inevitable. We didn’t yet have the list of international names like our neighbours in ­Hungary, Poland or the Czech Republic.”
However, Romania’s story is more ­complicated than a simple legal gold rush. Although the golden years of 2000-2008 saw uninterrupted growth in Romania, with estimated real GDP growth of 8.2 per cent as recently as 2008, the Economist Intelligence Unit among others is forecasting a sharp slowdown in growth for 2009-10, due to the effects of the global economic ­crisis and a deceleration of domestic demand due to policy tightening.
“The credit crunch started to show its effects much later than in Western Europe and the US,” says Grigorescu. “For some time Romanians thought it wouldn’t hit us here – but it did, and what’s more, very abruptly.”
Ion Nestor, managing partner of Nestor Nestor Diculescu Kingston Petersen (NNDKP), says: “Our firm grew continuously since 1990 and the legal market in general has never experienced stagnation or a decrease in profitability.
Everyone will have to adapt and people aren’t ­prepared. At the end of 2008 people were still in denial and trying to convince themselves the crisis couldn’t happen to us.”
Yet few Romanian lawyers would ­now disagree that those golden years are behind them – for the foreseeable future at least. Real estate work has been almost entirely ‘frozen’, agree most, and is unlikely ever to return to previous levels. Firms that have entered the market on the back of real estate and construction work, such as Garrigues, are now “suffering the consequences of a gamble that hasn’t paid off”, as one plain-speaking partner puts it.
Catalin Baiculescu, managing partner of 12-partner, 95-lawyer firm Musat, says: “Project finance is also struggling because since the beginning of this credit crisis everyone is unsure of the value of anything and banks can’t get realistic valuations for collaterals.” ­However, he adds optimistically: “Slowly the market will revive and we’ll then gain some more relevant benchmarks in terms of prices.”
The international invasion: why now?
With important sectors such as real estate locked down for the duration of the ­downturn, local partners in Romania have been left scratching their heads over the number of international players choosing to set up shop in Bucharest now.
“For me it’s a mystery why experienced international ­players would pick such a bad moment to come here,” says Nestor, adding that pressure from clients was ­undoubtedly behind many openings.
Many lawyers explain the timing of the latest incursions as due to the bureaucratic nature of large international firms causing an unfortunate time-lag between planning and execution.
“Several of these firms made the decision a number of years ago to enter the Romanian market but their plans have only ­recently become a reality,” explains Marian Dinu, country managing partner of DLA Piper’s new office in Bucharest and former head of Linklaters’ Romanian practice.
Linklaters’ retreat
In truth, the law firm traffic in Romania has not been all one way. In the same week that A&O announced it would be setting up in Bucharest, magic circle rival Linklaters – one of the international pioneers in the country – signalled a total retreat from the country. The news was met with considerable surprise in the local market, not least because many smaller firms are direct descendants of the Linklaters Bucharest office and many lawyers received their ­international standard training there.
“Linklaters undoubtedly raised the bar for quality here,” believes Dinu. The withdrawal – part of a wider revamp of Linklaters’ Central and Eastern Europe (CEE) regional practice – led most of the partners to take positions in other firms, while the remaining formed a legacy firm named Kinstellar.
Kinstellar – an anagram of Linklaters – began operating under its new brand on 1 November 2008.
At first glance the closure of one of ­Romania’s longest standing and most ­prolific international firms, at a time when several international peers were just ­arriving, makes little sense.
One explanation offered by lawyers in Romania is the diminishing number of large privatisations in the region. Another is the firm’s global strategy decision to focus on fewer clients in fewer key jurisdictions. ­Others point to the precious equity at the lockstep firm and the resulting lack of opportunities for those aspiring to ­partnership.
Certainly the limited partnership prospects at international firms is one ­reason why local firms appear so calm in the face of these latest challenges to their ­previously comfortable market share. For the time being at least, Romania’s leading local firms seem remarkably resilient to international incursion. A consequence of the late arrival of the international law firms is that, unlike in other CEE jurisdictions, Romanian firms enjoyed an extended ­period of peace, the time and space to grow and strengthen, and in many respects ­conquer the domestic legal market. Partnerships in these firms are young and dynamic and there are tremendous ­opportunities for associates who show ­partnership potential.
On the other hand, in international firms, say several local managing partners, often the only prospect for partnership is on a salaried, local basis, which young lawyers quickly realise is not true ownership of the firm. In addition, their argument goes, local firms are able to offer a more secure future.
“Many young lawyers here are reluctant to work at international firms – particularly in light of Linklaters retreating – because they can never be sure that the firm will ­continue to commit to Romania in the long term,” says Musat’s Baiculescu. “Two years ago no one could have imagined that ­Linklaters would have disappeared from the legal scene by the end of 2008.”
However, this view is not shared by all. “Romanian local firms have grown considerably in recent boom years and will soon be forced to freeze salaries and layoff staff,” retaliates a partner in the Bucharest office of an international firm.
Looking on the bright side
Despite the doom and gloom that has ­finally cast its shadow over Romania’s economic success story, several sectors still have the potential to provide a steady stream of ­mandates in 2009. Energy is one such area.
“Renewable energy has been strong over the past 12 months and wind farms have saved a lot of firms from what would ­otherwise have been a seriously bleak year,” says DLA Piper’s Dinu.
The few firms in Romania, such as NNDKP, with a broad range of strengths – particularly those with litigation expertise – are also hoping that their investments in ­traditionally less high-profile departments will bear significant fruit in the coming months.
Equally, firms focusing on high-end deals, such as Badea Associatii in ­association with Clifford Chance, are ­confident that, although there will be fewer transactions, those that remain will be less commoditised and more legalistic.
“Legal risk will become more important to clients,” says Badea managing partner Daniel Badea. “Until a few months ago the first priority was time of execution, but in today’s climate they are focused on fewer but safer deals.” Infrastructure improvements could be another source of regular work this year, if the newly appointed government gets behind some significant projects.
“We’ve been severely held up by bureaucracy ­compared with other Eastern ­European ­jurisdictions,” complains one frustrated partner. “If the government had any sense it would actively encourage ­infrastructure work and PPPs.” “Everyone’s been hoping for the past 10 years that we would have some real ­infrastructure work to get our teeth into,” says Baiculescu. “We still hope that the new government, under pressure from the ­economic crisis, releases the necessary funds into the market and will generally be more active than its predecessors. PPP projects are an obvious next step for Romania but we remain some way behind our ­neighbouring countries in this regard.”
Young blood
One issue that continues to impact on firms, international and local alike, and particularly now the economy has slowed, is recruitment. Romania’s young partnerships are facing unprecedented demand for ­business development expertise.
Yet no one in the management of any firm, foreign or local, has had prior ­experience of an ­economic slowdown. The majority of lawyers here have not been exposed to such a competitive market and, argue some, lack the entrepreneurial instinct that their ­counterparts in more established legal ­markets have been forced to acquire.
“It’s hard to be a rainmaker in your 20s,” explains Grigorescu. “Clients are sometimes reluctant to give business to lawyers who might be younger than their children.”
Wolf Theiss partner Gabriel Klarsfeld, who joined the firm last August and had previously been with Linklaters, says: “In boomtimes you can create some ­exceptional lawyers simply because there’s so much work you’re obligated to delegate as much as possible and push them to the limits of what they can do. But, as technically good as they may be, they still lack the overall experience that would allow them to connect with clients in the way they need to.”
Dinu agrees: “A year and a half ago you didn’t actually have to do anything to get clients here. Only now will we really see which lawyers have the skills and experience to bring in business.”
Romania’s legal Movers and shakers, 2008
• February: Long-awaited entrant White & Case opens Bucharest office by hiring ­former ­Linklaters lawyer Todd Shollenbarger and a team of 10.
• May: Allen & Overy signs up to an exclusive association with Radu Taracila Padurari Retevoescu – a five-partner, 33-lawyer firm formed in 2004 as a breakaway from the Romanian office of Linklaters. Austria’s ­Schönherr – present in ­Romania since 1996 – hires capital markets partner ­Narcisa Oprea from local firm Bostina & Associates. ­(Several of Schönherr’s fellow Austrian firms have also been investing ­further in Romania, a jurisdiction widely viewed as the vital constituent of ­Austria’s south-east European regional strategy. In 2005, Wolf Theiss, now with three partners and 31 lawyers in Bucharest, opened in the country, as did Cerha Hempel Spiegelfeld Hlawati, through a tie-up with local practice Gilescu & Partenerii. Gilescu & Partners CHSH opened a second Romanian office in the western city of Timisoara in April 2008.)
• July: Garrigues, which already has an office in Poland, merges with Bucharest’s Mares & Asociatii, with name partner and founder Mihai Mares joining the Spanish firm as a ­partner. Salans hires former president of the Romanian Stock Exchange and at that time president of the Institute for Corporate ­Governance Septimiu Stoica to shore up its 11-year-old office. Elsewhere, local 15-partner, 115-lawyer Nestor Nestor Diculescu Kingston Petersen (NNDKP) sees M&A co-heads Cristina Filip and Carmen Peli, real estate ­partner ­Francisc Peli and ­several other lawyers leave to form their own firm, Peli Filip. They are joined in the new partnership by private equity ­specialist Ioan Dumitrascu, previously a senior associate at NNDKP, and Alexandru Barsan, previously managing associate at Linklaters.
• December: Clifford Chance announces it will be formalising its two and a half-year alliance with local ­practice Badea & Associatii, taking it to full merger by May 2009. The four-partner, 50-fee-earner office will continue to be headed by managing partner Daniel Badea.

It's a safe bet we will always need lawyers


If “careers in law” were a stock, would you invest in it? That was the question put at the end of last year to legal educators, recruiters and pundits. It is a sign of the times that none of the respondents replied with a categorical “yes”. Most hedged their bets with a hesitant: “On balance, yes, but the value of a career in law can go down as well as up.”
It is not surprising. With regular stories in the legal press about lay-offs and redundancies, even at the largest firms, no one regards a career in law — or at least a legal qualification — as a guaranteed gilt any more. As a leading London lawyer with a US firm says: “I’ve been in this game for 25 years and I’ve never seen anything that is so unpredictable.”
Meanwhile, opportunities in high-street law are likely to be reduced further by a combination of the collapse in the housing market and the draining away of publicly funded work. What has been an increasingly difficult field of law looks as if it is going to get worse.
Career planning is always an exercise in pragmatism and, despite the drawbacks and the gloss being scratched, legal careers still rate significantly by almost any evaluation. The UK economy may be about to undergo a reshaping that reduces the size of the financial sector and its associated service industries, but there will still be a substantial demand for lawyers. Central and local government will be in the privileged position of being able to recruit better candidates, and the large City law firms have indicated that they will maintain recruitment of trainees at the same level as in recent years.
Related Links
Market Watch: Trainee numbers are likely to hold up at law firms
So although there are stories of firms asking some entrants to defer for a few months before starting, there is no sign of a collapse in recruitment. Garry Pegg, of Hogan & Hartson, says: “The great benefit of trainees is that they are comparatively cheap. In fact, firm managements may actually value trainees more highly than in the past because they realise that they can get more out of them.
“Law firms can only generate revenue through people working the hours that produce the fees. So, provided they are used efficiently, trainees can be very useful.”
What is more, says Penny Cooper, author of All You Need to Know about Being a Trainee Solicitor, law firms — at least the large ones — plan for the long term. Business may be tight for the next couple of years but managing partners are already looking ahead to a return to normality — perhaps in 2011 or 2012 — and they do not want to be short of qualified staff when the upturn comes. So for students who have set their sights on the City (and have the ability to get there), the prospects may seem — despite the gloom and doom — not to have not changed much.
Except, of course, the truth is that they have changed. For a start, the recruitment market is going to be much more competitive. The number of posts on offer may hold up, but there are likely to be more people chasing them. All those bright sparks who a year or two ago were aiming for investment banks will be looking for what they perceive to be safer career destinations. Many of them are going to be heading for the law. While the law is no longer a guaranteed safe bet, it has more going for it than some of the get-rich-quick careers that are now discredited. As elsewhere in the economy, there will be a flight to quality — and the law will still be seen as a superior professional qualification.
When recruiting their next generation of trainees the law firms will not be looking just for well-qualified, well-motivated people. They will want much more. As Pegg says, they will be looking for “spark, energy, enthusiasm and personality”.
Nigel Savage, chief executive of the College of Law, says that — in contrast to the Generation Y zeitgeist — the next cohort of trainees will be expected to work harder for less. “What employers — and clients — will be looking for in their legal adviser is the man or woman of business,” Savage says. “This could be good news for the slightly older applicant who can bring both extra personal maturity and relevant industry knowledge to the job.”
Echoing this, Cooper adds that employers will be looking for people who “are good at networking and have a really commercial outlook”. It may help if they have also gained an additional qualification — such as an LLM — in a specialist area of law that is relevant to the firms to which they are applying. But these qualifications by themselves are no guarantee of success. But then, it seems, nothing is any more.

Edward Fennell

Good University Guide 2009


Market Watch: Trainee numbers are likely to hold up at law firms


The good news is that law firms are not cutting back on training contracts. Many were bitten in the last economic downturn when they found themselves short of lawyers as the climate improved.
Simon Bullock, education and training policy executive at the Solicitors Regulation Authority, says that in the year to July 2008, 6,303 training contracts were registered, 300 more than the year before. There is no evidence of fewer being offered this year.
So students stand a good chance of getting a contract: in July last year 5,921 passed the legal practice course (LPC). But, Bullock cautions, there are also many LPC graduates from previous years competing for traineeships.
Law is still popular — 9,947 students enrolled on full and part-time LPC courses for 2007-08, up from 9,486 the previous year and 9,171 the year before.
Deborah Dalgleish, head of UK trainee recruitment at Freshfields, says: “We’re interviewing students now for 2011-12, so, to cut traineeships, we’d need to be saying we will need fewer lawyers in 2013-14. If we have a knee-jerk reaction now, we might get stung badly, as people did in the Nineties.”
The number of applicants is rising, she adds, as students turn to law from banking and the City. “Our job is then to sort out those who genuinely want to come into law or who see it as a stop-gap until they can go to the City in a few years’ time.”
A new-look LPC is launched this autumn and about half of all providers have been approved to offer it, including BPP, the College of Law and Nottingham Law School. The new-style course is more flexible, allowing students to study vocational topics and thus move more quickly into the job market.
Manchester Metropolitan University, for instance, will offer a slimmed-down, part-time LPC, cutting its course by six months. City Law School is also offering a new part-time LPC, while students with contracts at Freshfields, Herbert Smith, Lovells, Norton Rose and Slaughter and May will take a shorter, seven-and- a-half-month course (down from the present ten).
There has been a drop in registrations for the Bar Vocational Course — perhaps because of the introduction of an entry test. There were 2,540 applications in 2008-09, compared with 2,864 in 2007-08. The number of pupillages stands at 550.


Frances Gibb, Legal Editor

joi, 15 ianuarie 2009

The Institute for European Studies


Introduction
The Institute for European Studies is an autonomous department of the Vrije Universiteit Brussel (VUB). It was created in 2001 through an initiative taken by the Flemish Government. It teaches advanced Master programmes, and focuses on interdisciplinary research in European Studies, more specifically on the role of the EU in an international setting. Within this scope, it provides academic services to scholars, policy makers and the general public.The Institute’s central location in Brussels, capital of Europe, makes it a supreme workplace for students and scholars that wish to conduct research in an international and interdisciplinary setting. Benefiting from its location, the IES provides an ideal forum for conferences and workshops on European issues.
The Institute’s mission is threefold:
providing advanced education, which it does through its LL.M in International and European Law, its MA of European Integration and Development, its Summer School on the European Decision-Making Process and through its E-learning modules on European Law and Institutions;
carrying out scientific research. Research is co-ordinated by the IES Academic Director and conducted by PhD researchers as well as post-doctoral Senior Research Fellows that lead research clusters;
providing scientific services in the field of European Studies, in particular by organising conferences, workshops and lecture series, and by conducting commissioned research.
The Institute collaborates closely with numerous universities and research institutions in Belgium and abroad. This collaboration and the continuous exchange of new ideas with practitioners and scholars, contributes to ensuring that the IES strengthens its research goals so that it can excell its status of excellence centre on European studies.
Strategy
Research at the IES focuses on the EU in an international context. It explores EU institutions, policies and law within the context of globalisation and international law and politics. Research projects analyse the role of the EU as a global actor and the interaction between the internal and external dimensions of EU policies. They also address the inter-relationship between the EU and international organisations. To this end, the Institute aims at developing an interdisciplinary approach, involving legal, economic, social and political expertise. It focuses on forward-looking research that produces policy-relevant results of interest to political decision-makers and the academic community.For more information, see our Strategic Plan 2006-2010 or the detailed research strategy.
Major Research Themes
While IES research principally embraces a wide range of European studies, the Institute focuses its resources on an evolving set of research clusters. These include the following:
Environment and sustainable development
Migration and diversity
European foreign and security policy
Information society
The EU and China
These clusters are nurtured by means of launching own research projects (principally at PhD level) as well as raising funds from external sponsors. More complete information on current research projects can be found [here].
Advanced Master Programmes
The LL.M. in International and European Law (also known as the Programme on International Legal Cooperation or 'PILC') has been a successful LL.M. programme at the VUB for over 35 years. The Institute for European Studies organises it through the Faculty of Law. PILC is geared towards Law graduates from all over the world, and the programme annually attracts applicants from the five continents. Its method of interactive training and teaching for a selective student body (max. 40 students admitted) is unique and guarantees a high quality output. Teaching staff consists of academics of Flemish and foreign universities and of leading “practicioners” from renowned law firms and European institutions. Programme and registration information can be found [here].
The Master of European Integration and Development (in short 'Euromaster') is an advanced programme in the study of European integration process, taught entirely in English. The Euromaster provides an in depth analysis of the European integration process for advanced students and practitioners. It is organised by the Faculty of Economics, Politics and Sociology and the Institute for European Studies in an interdisciplinary programme geared towards an international student body. The Euromaster is designed to provide graduate students of different backgrounds with an expert knowledge of European legislation, institutions, policies and the economic integration process. The programme combines academic excellence with practical experience an element that is reflected in its teaching staff, which is a balanced mix of full-time academics and practitioners in EU policy-making. The programe counts for 60 ECTS, with each course amounting to 6 ECTS. The master thesis covers 18 ECTS. Programme and registration information can be found [here]
E-learning
Since 2006, the Institute offers introductory courses on the European Institutions and on European Law through its advanced E-learning platform. Based on content developed by our research team, students can learn about all aspects of the EU wherever they are and whenever they want. [More info]
Summer School
In collaboration with the University of Vienna and the Diplomatic Academy of Vienna, the IES annually organises the Summer School on the European Decision-Making Process. The intensive two-week programme is specifically designed for students with a background in political science, history or law. Through lectures, seminars, study visits and simulation exercises, students get acquainted with the politics and dynamics of the various decision-making mechanisms of the EU. The summer school typically takes place one week in Brussels and one week in Vienna. [More info]
Events
Regularly, the IES organises lecture series and conferences on topical and timely issues regarding the European Union. Recently, lecture series have addressed Globalisation, the Constitutional Treaty, European Security, Multiculturalism and Sustainable Development, while conferences were held on topics such as EU environmental issues and the WTO, the EU and Africa, and the EU within the UN. For an overview of previous events, [click here].
Consultancy
As think-tank and research facility, the IES prepares policy studies, provides legal and political consultancy and offers expert advise to both governmental and non-governmental decision-makers. Governments as well as regional international organisations benefit from its political and legal expertise.
Publications
The Institute’s scientific publications include a book series and a working paper series. The IES Working Papers as well as the bimonthly Newsletter are published both as paper copies and electronically.

Rival City firms decline repeat of CC job cuts

The bulk of the City’s top 10 law firms have stated that they will not be following Clifford Chance’s (CC’s) lead with formal redundancies in London in the immediate future.
Magic circle firm Linklaters was the only firm that refused to comment, with all of the remaining firms saying they had no lawyer job cuts in the pipeline.
Allen & Overy (A&O), the firm regarded by many as the most likely to make cuts after CC as a result of its large finance practice, said it had no imminent plans.
The firm said in a statement: “Like any business we cannot rule out the possibility of having to make targeted redundancies in particular practice groups or offices if there is a sustained downturn or if there are exceptional business reasons.”
Ashurst, Herbert Smith, Freshfields Bruckhaus Deringer, Norton Rose, Lovells, Slaughter and May and Simmons & Simmons all said that they are not planning to make cuts, with many hoping to avoid them entirely.
Partners within Linklaters, as well as ex-partners, suggest that the firm’s emphasis is on clamping down on underperformance at both associate and partner level rather than formal redundancy programmes.
Ashurst managing partner Simon Bromwich (pictured) said: “We have not made any lawyers redundant and have no current intention to do so although, given the economic climate, we are keeping all aspects of the firm’s business under careful review.”
Slaughters practice partner Paul Olney commented: “Our strong client base, our multispecialist approach and the cautious management of the firm means that we have not in previous downturns ever had to announce a round of redundancies and we have no current plans to do so.”
CC announced last week that up to 80 London lawyers are expected to lose their jobs as a result of the market downturn, with 880 lawyers involved in the consultation.
Support jobs are also expected to go as CC has been reviewing the function for the last year and launched a full consultation at the end of the year. Further details are expected to be released once a report has gone to management in the next few weeks. The firm, which saw revenues dip by between 5% and 7% during the first half of the year, is regarded as having fared worse than its London peers due to its heavy exposure to practice areas such as private equity and capital markets.
Author: Emma Sadowski and Jeremy Hodges

Is the magic rubbing off?


Last Friday, Clifford Chance’s management committee gathered for its regular monthly meeting. I’m guessing the mood was chastened. The previous day the firm had announced the first redundancy programme in the magic circle (see story). By this I mean formal redundancy programme, since there’s plenty of anecotal evidence that Clifford Chance’s peers are finding other ways of reducing headcounts.
And then there’s profitability, which despite everything is still the benchmark by which partners measure success. As we reveal today, Clifford Chance partners are being faced with the prospect that the top of lockstep will dip below £1m for the first time since 2006 (see story).
Now, you and I know that, given the current ­economic circumstances, any Clifford Chance ­partner who is genuinely outraged at the thought of earning less than a million a year ought to be ­horsewhipped – preferably in front of the associates facing redundancy, as well as a smattering of former Woolworths workers, perhaps.
But that is to forget the complex interplay of ambition, competitiveness and ego that drives the magic circle. Not everything in the world has changed after Lehman, and the last thing Clifford Chance wants is to be ejected from the club.
The next question is what Clifford Chance is going to do with its non-equity partners. It has a considerably bigger pool of them than other magic circle firms, and in a downturn non-equity partners are a serious cost.
Nevertheless, David Childs says the firm is not undertaking a headcount review of the partnership. This may stick in the craw of the 880 London associates currently in consultation; ­however, the signs are that the firm’s management will apply stricter performance reviews to the ­partners. Let’s hope they’ve paid off the mortgage.
The redundancy process at the globe’s biggest law firm will be scrutinised closely. The amount of interest this story has generated, both on TheLawyer.com and in the national media, makes further examination inevitable. Clifford Chance had better accept the fact that the world is suddenly interested in it again. Even if it’s not for the happiest of reasons.

miercuri, 14 ianuarie 2009

White & Case makes up just two new City partners


White & Case has promoted just two London-based lawyers in its 2009 partnership round, with a total of 21 made up across the firm's global network.
Last year the US firm made up a record total of 10 new partners in London, but this year only Andrew Macklin (M&A and corporate) and Mark Castillo-Bernaus (energy, infrastructure and asset finance) were promoted in the City. Both are English-qualified solicitors.
Worldwide, the total number of new partners was down by roughly a third, with 21 promotions compared to 31 last year.
New York was the only US office to receive new partners, with three made up. South America took one promotion with a new M&A partner in Sao Paulo.
Germany saw the highest number of promotions, with three in Frankfurt and one in Berlin. Paris took three promotions while elsewhere in Europe, Brussels, Prague, Helsinki and Moscow all received one new partner.
In Asia, two lawyers were made up in Hong Kong, one in Tokyo and one in Beijing.
Corporate and M&A was the practice area to receive the most new partners with eight, while banking and finance-related areas saw five promoted. Two were made up in tax and project finance respectively, while IT, disputes, antitrust and white collar criminal defence were also represented with one.
White & Case chairman Hugh Verrier (pictured) said: “Our new partners are leaders who have demonstrated their dedication to our clients and the firm. They represent the diversity of our global business and give us much confidence for our future.”
The promotions were effective as of 1 January.

marți, 13 ianuarie 2009

DLA Piper makes up 53 in 2009 partnership round


DLA Piper has announced its 2009 partner promotions, with 53 lawyers joining the firm's partnership around the world.
The firm's City office received the largest share of the promotions, with eight new partners made up in London.
In total, 16 partners were promoted in the UK, with three new partners in Leeds, two in Manchester, two in Birmingham and one in Edinburgh.
The firm’s US practice saw 13 promotions, while there were 17 in continental Europe and six in Asia. Within Europe, four partners were made up in Belgium, while the Netherlands saw four new partners with Austria, Germany and Hungary all receiving two each.
DLA Piper's corporate group saw the largest number of new partner promotions with 17 – followed by 13 in litigation and regulatory, nine in finance, six in real estate, four in intellectual property (IP) and technology, three in restructuring and one in employment, pensions and benefits.
The promotions went live at the beginning of the year (1 January). In addition, the transatlantic firm promoted 21 lawyers to the rank of legal director.
DLA Piper chairman Nigel Knowles said: “Recognising and rewarding outstanding talent is essential to maintaining the best teams and advice that our clients expect from DLA Piper. These appointments will help ensure we continue to shape the future of commercial law across the globe.”
Last year, DLA Piper promoted a record 69 lawyers to its partnership, with 41 new partners made up across Europe and Asia plus a further 28 in the US. London also gained the most promotions last year when 12 partners were made up.
The firm also promoted seven lawyers to partner in the Middle East in September last year outside of the regular promotion cycle.
Author: Sofia Lind

Clauza de gross-up




In prezent, exista un anumit grad de confuzie in Romania in ceea ce priveste practica internationala indelungata a platii sumelor datorate ca pret unui nerezident, in baza unor contracte in tranzactiile transfrontaliere, libere de orice impozite si taxe (in practica numita gross-up).
Ministerul Finantelor Publice, intr-o scrisoare adresata Asociatiei Romane a Bancilor, din data de 16 mai 2006, precizeaza ca daca o persoana rezidenta in Romania suporta impozitul cu retinere la sursa in locul nerezidentului beneficiar al venitului in baza unui contract, atunci partile nu pot invoca tratatul privind evitarea dublei impuneri, deoarece un astfel de tratat acopera situatia in care un nerezident suporta impozitul cu retinere la sursa.Intr-o decizie din data de 22 noiembrie 2006 („Hotararea“), Inalta Curte de Casatie si Justitie („Curtea“) a aplicat acest rationament si a hotarat ca un tratat pentru evitarea dublei impuneri nu se aplica in situatia in care o prevedere din cadrul unui contract de licenta software prevede ca partea romana sa suporte impozitul cu retinere la sursa (la o valoare mai mica) prevazut de tratat astfel incat nerezidentul sa primeasca o suma neta egala cu suma pe care ar fi primit-o in lipsa impozitului cu retinere la sursa. Curtea s-a referit la aceasta prevedere in sens larg si nedetaliat ca fiind o prevedere de „gross-up“.Ca urmare a acestei hotarari, anumite firme de avocatura si de consultanta fiscala au adoptat o nota de extrema precautie, argumentand ca daca o clauza de „gross-up“ este inclusa, de exemplu, intr-un contract de imprumut transfrontalier, atunci imprumutatul ar putea ajunge sa plateasca o cota mai mare a impozitului cu retinere la sursa decat daca creditorul ar fi platit el insusi impozitul cu retinere la sursa, astfel cum prevad tratatele privind dubla impunere.Consideram ca aceasta interpretare a Hotararii este eronata. Expresia „gross-up“ nu este un termen tehnic consacrat care are un singur inteles universal stabilit. Doar pentru ca referirea a fost facuta de Curte la o prevedere dintr-un contract ca fiind o clauza de „gross-up“, care a dus la inaplicabilitatea unui tratat privind dubla impunere, nu inseamna ca rezultatul ar fi acelasi in toate situatiile in care exista o clauza de „gross-up“.O clauza de „gross-up“ bine formulata ar trebui sa permita aplicarea tratatului privind dubla impunere relevant. In baza unei astfel de clauze, care in fapt reprezinta vointa contractuala a partilor, in eventualitatea in care un nerezident ar fi obligat sa plateasca impozitul cu retinere la sursa cu privire la orice suma primita, o suma suplimentara egala cu suma care trebuie retinuta ar fi datorata ca o obligatie noua si separata, in aceeasi maniera ca si obligatia de plata de baza initiala. Desigur, trebuie platit impozit cu retinere la sursa si pentru suma suplimentara datorata ca o obligatie noua si separata, deci suma suplimentara trebuie sa fie calculata astfel incat, chiar daca se efectueaza retinerea aferenta acestei sume, partea straina sa primeasca suma integrala a platii contractuale pentru care partile s-au inteles. O clauza de „gross-up“ bine formulata nu trebuie sa prevada ca partea romana plateste impozitul cu retinere la sursa in locul nerezidentului (in alta calitate decat cea de agent in scopul efectuarii transferului impozitului pe seama nerezidentului). Daca insa clauza in mod eronat prevede ca partea romana plateste impozitul cu retinere la sursa (in loc sa se majoreze suma bruta care se plateste nerezidentului pentru ca acesta sa primeasca suma neta pentru care partile s-au inteles), nu se va majora suma suplimentara care se plateste nerezidentului pentru a acoperi si retinerea aferenta acesteia, iar autoritatile fiscale vor primi o suma totala mai mica de impozit cu retinere la sursa decat ar fi primit daca clauza de „gross-up“ ar fi fost corect formulata si aceeasi cota a impozitului este aplicabila. In cele din urma, nu cunoastem jurisdictii internationale in care o clauza de „gross-up“ bine formulata, de tipul celei descrise in paragraful anterior, sa aiba ca rezultat inaplicabilitatea unui tratat privind dubla impunere. Totodata, citita cu atentie, nu exista niciun motiv pentru a crede ca Hotararea ar trebui sa aiba acest rezultat.
Autor:Perry Zizzi

luni, 12 ianuarie 2009

"The first thing we do, let's kill all the lawyers". - (Act IV, Scene II).


For the record, Shakespeare never suggested killing lawyers. The Bard gave that line to a villian in Henry VI. As I understand the play, the criminals know that for their plot to work, they'll have to get rid of lawyers. After all, who else is going to stop them from trampling the Magna Carta and destroying the Rights of Man?Many argue this is a compliment to lawyers because it acknowledges they are a threat. Thus, this sound bite is not the sort of anti-bourgeois, Marxist sentiment that so many imagine it to be. Lawyers may be capitalists, they may be expensive, perfectionists, critical, abrasive, and control-freaks. But lawyers show up every day, the only one standing between citizens and prison, or between people and poverty. It is still a noble calling and an extremely valuable service.Who else has the ability to protect you from the tentacles of an over-reaching State?

LLM GUIDE Focus on Student Life: London


Some observations and tips about living in the bustling U.K. capital
By V. Wish

Palace of Westminster
A feature about London is the perfect way to begin the new LLM GUIDE article series about student life in some of the world’s most popular destinations for LL.M. students.
Several thousand students come to London every year to experience the city’s rich educational and intellectual tradition, as well as its exciting multicultural atmosphere. With top LL.M. programs, such as those offered at the University of London (King’s College, London School of Economics and Political Science, University College London, Queen Mary, and SOAS), London attracts some of the best and brightest lawyers from around the world. We thought it might be useful to briefly discuss some important aspects of student life that every London-bound student should know before arriving.
One of the most common statements (or complaints) about London is its high cost of living. Many foreign students find that renting a room or apartment, paying for public transportation, and dining out in London can be rather expensive compared to the places they have lived before.
Most students in London choose to live in dormitories owned by or affiliated with the universities. These dormitories are scattered throughout central London, and usually provide decent accommodation at good value. Other students wish to make their London experience more unique by renting a room independently.
For those who choose not live in the university dorms, the price of renting a furnished room (or “bed-sit“ as they are sometimes called) in London usually falls between the range of £320-450 (or USD 550-780) per month. Of course, you can always pay more than that if you want a bigger or more-centrally located room, or simply want your own apartment.
Rent prices in London depend on a number of different factors. Like anywhere, quality and size of the room or apartment certainly plays a role; so does its location and its proximity to public transportation. For example, renters should expect to pay more for a room or flat in the city center (Zones 1 and 2), than if they live further outside central London. And if the flat is within short walking distance from a London Underground (or “Tube“) station, then renters should expect that luxury to be reflected in the price of their monthly rent.
Since most students find it necessary to travel regularly to and from central London for classes and social activities, living close to a Tube station or bus line definitely has its advantages. If you do find yourself travelling frequently on London public transportation, perhaps you should consider obtaining an “Oyster“ card that allows for cheaper transportation and student discounts.
But for all the fuss about costs, London has so much to offer students who go there to study. On any given day or night, there are almost unlimited options for entertainment and cultural engagement: world-class theater and cinema on the Southbank and in the West End; opera and classical music in Covent Garden; jazz clubs in bohemian Soho; gritty and cutting-edge live music in trendy Brixton or Shoredich; world-famous museums, such as the British Museum, National Gallery, and Tate Modern; the fascinating chaos of Camden Town and Portobello Road markets; and inspiring strolls through London’s parks, such as Richmond Park, Kew Gardens, and Hyde Park.
Below we have included a few links to some websites where you may find some useful information about living in London:
University of London Housing Services - housing services for students of the University of London
Moveflat.co.uk - a good source for finding rooms and apartments in London
Transport for London - the official website of London public transportation (including maps, fares, and information about the Oyster card)
Time Out London - a standard guide to cultural goings-on about the capital
Fancy a Pint? - an „honest and impartial“ online guide to London’s pubs
Related Programs
University of London - King's College London (KCL)
University of London - University College London (UCL)
University of London - The London School of Economics and Political Science (LSE)
University of London - Queen Mary (QMUL)
University of London - School of Oriental and African Studies (SOAS)
City University London
City University London - Inns of Court School of Law (ICSL)
London Metropolitan University (London Met)
University of Westminster
University of East London
University of Notre Dame - Notre Dame Law School - London Programme
Holborn College
Middlesex University
University of London - Queen Mary (QMUL) / Dresden University of Technology (Germany)
University of London - Queen Mary Institute of Computer and Communications Law

Europeana is back online // Europeana è di nuovo in funzione


Europeana è di nuovo in funzione
Grazie per la tua registrazione su europeana.eu. Il sito è di nuovo disponibile al seguente indirizzo http://www.europeana.eu/ ed invitiamo tutti gli utenti registrarti a provarne il funzionamento. Non esitare a contattare il nostro Webmaster nel caso notassi qualcosa di inaspettato.
Grazie per il tuo prezioso aiuto,Il team di Europeana
Europeana is back online
Thanks for registering with Europeana. The site’s online again at http://www.europeana.eu/ and we invite people who have registered to test it out. Please report anything unexpected to our Webmaster.
Many thanks for your help,The Europeana Team
Europeana est à nouveau accessible
Merci pour votre inscription à Europeana. Le site est à nouveau accessible à l’adresse suivante: http://www.europeana.eu/, et nous invitons tous les inscrits à se connecter afin de tester Europeana. Nous vous demandons de bien vouloir signaler tout dysfonctionnement à nos Webmaistres.
Cordialement,L’équipe Europeana
Europeana ist wieder online
Vielen Dank, dass Sie sich bei der Europeana registriert haben. Die Website ist wieder online und unter http://www.europeana.eu/ erreichbar. Wir laden Sie als registrierten Nutzer ein, sie zu testen. Bitte melden Sie an unseren Webmaster, wenn Ihnen etwas auffällt.
Herzlichen Dank für Ihre Unterstützung,Europeana Team
Europeana powraca
Dziękujemy za rejestrację w portalu Europeana. Strona jest dostępna pod adresem http://www.europeana.eu/. Osoby zarejestrowane zapraszamy do jej testowania. Prosimy o zgłaszanie wszelkich niepokojących i nieoczekiwanych zdarzeń do naszego Webmastera.
Zespół Europeany
Europeana está de nuevo en línea
Gracias por registrarse en Europeana. Volvemos a estar en línea en http://www.europeana.eu/ e invitamos a las personas que ya se han inscrito a que vuelvan a utilizar nuestra web.Les rogamos que informen de cualquier possible imprevisto a nuestro Webmaster.
Muchas gracias por su ayuda,El equipo de Europeana

New international anti-money laundering guidance issued for the legal profession (20/10/08)


New international guidance, intended to help legal professionals identify and mitigate money laundering risks, was agreed on Friday 17 October at an international summit of the Financial Action Task Force (FATF), the inter-governmental body charged with combating money-laundering and terrorist financing. The guidance was developed through an active involvement and dialogue with the International Bar Association (IBA)’s Anti-Money Laundering Legislation Implementation Group (AMLLIG), in consultation with other lawyers including members of the American Bar Association and the Council of Bars and Law Societies of Europe.
The new FATF guidance sets out a risk-based approach to assessing the likelihood of money laundering taking place in any case or with any client, and sets out recommended approaches to the implementation of effective monitoring processes and training programmes in law firms.
Although there is little or no evidence of lawyers being unwittingly involved in money laundering, FATF is keen to ensure lawyers remain vigilant in examining the real identity of their clients. The guidance provides the basis for lawyers to develop a common sense, proportionate approach to client due diligence.
Significant concerns remain in many jurisdictions about the further requirement for lawyers to report to the authorities ‘suspicious activity’. The IBA intends to continue its dialogue with FATF on this and other related matters.
The principal categories of risk assessment the guidance identifies are geography, the nature of a client and its business, and the nature of the service requested by the client. The guidance suggests some variables that may impact the risk such as the regularity or duration of the client relationship and the level of regulation to which a client is subject. They also offer a variety of suggestions to deal with higher risk situations.
The guidance discusses how a risk-based approach should be implemented within a legal practice setting out processes for conducting due diligence about clients and monitoring clients over time. Its recommendations for training suggest that it should be tailored to the appropriate levels of detail and frequency for the relevant legal professional’s role. The IBA is considering more detailed advice to its membership about the best approaches to training in this area.
The guidance also recommends the adoption of specific internal processes dealing with anti-money laundering as an integral part of a practice’s wider internal controls ensuring that they are part of the overall responsibility for good governance and that this aspect of management supervision is most directed at areas susceptible to higher risk.
Stephen Revell, Chair of the IBA AMLLIG and a partner of Freshfields Bruckhaus Deringer says, ‘This guidance will act as a valuable point of reference for setting standards around the world, helping to direct attention to the areas of greatest risk of money laundering in law firms. The importance the IBA places on lawyers knowing the rules and best practices in this arena is already reflected in the IBA’s website at http://www.anti-moneylaundering.org/. We have very much welcomed the active dialogue between FATF and the IBA and other representatives of the legal profession in producing this guidance.’
David W Rivkin, Chair IBA Legal Practice Division and a partner of Debevoise & Plimpton LLP says, ‘We encourage every jurisdiction, bar and law firm to assess the role of this guidance within their own regulatory or management framework in ensuring that the appropriate resources are directed towards the minimisation of the risks of money laundering, including terrorist financing, via the relationship of client and legal adviser.’

Bakers announces associate layoffs in New York


Baker & McKenzie has become the latest firm to announce redundancies, with the firm cutting six of its New York associates as a result of the ongoing economic downturn.
The international firm’s New York office houses around 140 lawyers including 60 partners and the cuts come as part of a range of cost-cutting measures introduced in response to market conditions.
Bakers said in a statement issued today (9 January): “We are in strong financial health, thanks in part to a sound strategy and fiscal discipline, as well as our firm’s geographic and practice diversity. However, over the last few months, as a consequence of the downturn affecting the global economy, we have seen declines in some areas.” “In particular, we are focusing on helping our clients manage through these turbulent times, and we are acting to reduce our own operating costs. These actions include, but are not limited to, slowing or deferring some long-term projects, travel and hiring restrictions, and some limited workforce reductions, including six associates in our New York office this week.”
The cuts make Bakers the first major US firm to announce redundancies so far this year following cuts made by Orrick Herrington & Sutcliffe and Dechert in November last year.The layoffs come after Clifford Chance yesterday (8 January) launched a significant redundancy program in its London HQ, with the magic circle firm potentially set to cut 70-80 lawyers. The firm had already cut 20 litigation associates in its New York office in October.

Author: Jeremy Hodges
Published: 09/01/2009 15:49

A 12/30/2008 story on BusinessWeek bears a cheery title: "M&A Looks Grim for 2009."


The thrust of the article is that we can expect the continuing credit market problems to kill all but "mergers of necessity."

M&A Looks Grim for 2009
Dow Chemical's ugly end to 2008, with its stock decimated and its acquisition of rival Rohm & Haas in doubt, is emblematic of the state of M&A in the new year: conservative and fearful

If the last few days of 2008 are a sign of things to come, the prospects for mergers and acquisitions in the new year are certainly bleak. The latest evidence is the trouble facing Dow Chemical's (DOW) proposed $15.3 billion acquisition of rival Rohm & Haas (ROH). The deal was put in doubt Dec. 29 after the Kuwait government cancelled a joint venture with Dow that would have indirectly provided key financing for the buyout.
The Rohm & Haas deal could be saved or renegotiated, but if it's cancelled it would hardly be a rarity in such a troubled climate for mergers and acquisitions. According to preliminary data from Dealogic, 1,309 M&A deals, totaling $911 billion, were scrapped in 2008. Deal volume in the U.S. is off 29% from 2007, but M&A activity has all but halted more recently.
Deal Market Falters as Capital Dries Up
U.S. deal volume plunged 86% in November 2008 compared to the previous November, according to R.W. Baird. "It's a staggering number" that reflects the fall's sharp tightening of credit markets and fears of a global economic slowdown, says Baird investment banker Howard Lanser. "December isn't looking any better."
The past year "was a horror show," says William Lawlor, a partner and M&A specialist at the Dechert law firm.
The primary problem was the drying up of credit markets. Since the fall, even well-respected companies have found it hard to borrow to finance acquisitions. Never mind the riskier private equity shops: Their access to capital dried up earlier in 2008, with Dealogic estimating financial sponsor M&A buyouts fell 71% in the past year.
A second problem is fear: Executives and boards, along with stock investors and lenders, have trouble predicting where the economic and financial environment will take their companies. "If you don't have that confidence as a catalyst, deals just don't get done," Lawlor says.
"Mergers of Necessity"
Still, companies remain hungry to make acquisitions for a variety of reasons. Many deals under consideration are "mergers of necessity," says Robert Filek, a partner in PricewaterhouseCoopers' Transaction Services Group. Companies are "forced into [deals] by economic realities." Companies may need to sell assets to raise capital, he says. Or weaker rivals may need to be swallowed up by stronger competitors, which can then cut costs in the merged company. The troubled financial sector was a hotbed of these sorts of deals, with Bank of America's (BAC) $44.3 billion buyout of Merrill Lynch (MER) one of many examples.
In 2009 companies may be able to take advantage of opportunities created by market turbulence. The stock market is pricing companies at "great deals," Lawlor says. "There's just too much opportunity out there."
Marino Marin, managing director at New York-based investment bank Gruppo, Levey & Co., predicts dealmakers in 2009 could look for M&A possibilities in industries like mining, health care, media, and technology. Baird's Lanser predicts deals in technology, health care, and education and training outfits. He says private equity investors, with about $350 billion "in capital sitting on the sidelines," may also start hunting for opportunities.
Sluggish Credit, Uncertain Outlook
But even those optimistic about the M&A environment admit conditions must change before buyers start making, rather than cancelling, big deals. Credit markets have recovered somewhat since October. But that is only after "an almost complete failure of the banking system in the United States," Lanser says. "Banks are still hoarding money" needed to finance deals, he says. "You've got a bottleneck in credit."
And then there is the general uncertainty that hangs like a dark cloud over the entire economy. Filek offers two extreme examples: In the energy industry, the big swings in fuel prices scramble all calculations of oil and gas firms' future financial results. That makes energy executives reluctant to pursue deals. Meanwhile, consolidation in the automotive sector is being prevented by big questions about the future of the U.S. auto industry. "Automotive M&A can't get rolling until there is some visibility into what a restructured U.S. auto industry looks like," he says.
The best hope for a revival in M&A comes from a gradual stabilization of both the economic environment and the credit markets. "With the new year comes new hope," Lanser says. Until then, Marin says, bankers will need to be "very creative" to get deals done.
Efforts to save the Rohm & Haas buyout may be an early 2009 test of the ability to get deals completed despite the toughest M&A conditions in a generation.
http://www.businessweek.com/investor/content/dec2008/pi20081229_613197.htm?campaign_id=investing_related