Litigation Funds Turn to U.K. ‘Market’ – NYTimes.com

A review of civil litigation in Britain that seeks to overhaul the legal culture is attracting a rush of funds that finance lawsuits in return for a cut of payouts, Reuters reported.

Industry analysts said the report by senior British judge Rupert Jackson, who wants to slash legal costs to promote access to justice, endorses the use of litigation funds that can offer corporate claimants the cash needed to fight costly law suits.

“You are going to get more and more people coming into the market and wanting to exploit it,” said Ian Rosenblatt, a London lawyer who founded the U.K.-focused Alvaro litigation fund late last year.

So-called “ambulance chasers,” lawyers who try to persuade people suffering injuries to launch a lawsuit by promising not to charge fees if the suit is lost, are blamed for inflating fees which defendants are left to pay if they lose.

The Jackson report recommends a raft of reforms, including ensuring legal fees are paid out of damages awarded to claimants in the hope this will bring fees down.

While some lawyers have argued this could dissuade some from pursuing claims for fear of the heavy costs, claimants can seek funding help from litigation funds. In return, the funds will be paid part of any damages awarded.

Alvaro is running roadshows for a 50 million pound public listing that will be completed within six weeks and is being marketed exclusively to institutional investors.

Mr. Rosenblatt said the Jackson review had increased litigation funds’ appeal as an asset class that was previously the preserve of specialists and hedge funds.

Funds are scenting greater profits if Judge Jackson’s proposals are implemented and legal fees are paid out of awarded damages, because it brings the promise of larger payouts.

Two litigation funds listed in London – Juridica Investments and Burford Capital — both have shareholder registers dominated by large British institutional investors such as Invesco Perpetual, Baillie Gifford and Fidelity International.

via Litigation Funds Turn to U.K. ‘Market’ – DealBook Blog – NYTimes.com.

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IRS Names New International Tax Official

The Internal Revenue Service announced Wednesday that Michael Danilack has been named deputy commissioner for international tax matters.

Danilack joins the IRS from the Washington, D.C., office of tax boutique Burt, Staples & Maner. The 15-lawyer firm also has an office in London, with a roster of clients including Citigroup, Credit Suisse, Euroclear and UBS.

Prior to joining the firm, Danilack worked as a principal at Deloitte Tax, focusing on cross-border tax matters. From the mid-1990s to 2000, he served as IRS associate chief counsel (international) overseeing the legal staff responsible for the interpretation, enforcement and litigation of all international provisions of the U.S. revenue laws.

via IRS Names New International Tax Official.

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Brief for India’s outsourcing lawyers: keep it cheap – Times Online

Nestled amid the bustle of north Mumbai, the headquarters of Pangea3, one of India’s biggest legal outsourcing companies, is enough to give a British corporate lawyer used to the slick environs of the City or Canary Wharf the heebie-jeebies.

On the street outside, manual scavengers pick through the morning garbage while hawkers throng the sidestreets. Inside, the scene is just as alien — more reminiscent of the bridge of the Starship Enterprise than of a traditional London law firm.

Hardly anybody is wearing a suit, there are no private offices and there is not a wood-panelled boardroom in sight.

Instead, an army of young Indian graduates, most of them from the country’s top law and engineering schools, sits before a barrage of computer terminals. Many are working on legal documents digitally accessed from the servers of blue-chip Western clients via transcontinental fibreoptic cables. Others are engaged in research for upcoming litigation to be fought out in American courtrooms, or are analysing patent filings registered by British companies.

Most striking, perhaps, are the collection of giant Perspex tubes that tower above the large open-plan office. Accessible via spiral staircases, they contain raised meeting rooms. Together with the fingerprint scanners that operate the locks on the doors, they lend the premises a sci-fi feel. This may be fitting: if Sanjay Kamlani, the firm’s co-chief executive (and one of the few workers wearing a tie) is right, this is the future of the corporate legal profession.

t is a vision that could radically change Britain’s legal industry.

Much of the work that Pangea3 and similar firms deal with, such as drafting derivatives contracts or conducting due diligence for mergers and acquisitions, was once the preserve of trainees and associates at big City law firms. Some of those firms racked up annual revenues of more than £1 billion during the boom years, in part by billing out teams of junior lawyers for up to £300 an hour for even the most routine tasks.

However, those firms, in a drive to cut costs, are beginning to send that sort of work to cheaper jurisdictions, such as India, South Africa and the Philippines.

Whereas a new recruit at a “magic circle” firm in London can expect a starting salary of about £60,000 — rising to more than £90,000 at the best paid firms — Pangea3 can pay a good Indian law graduate as little as £350,000 rupees (£4,700) a year.

That sort of cost-saving has proved compelling in the wake of the economic downturn and is causing demand for Indian outsourcing providers to soar. Studies suggest that there are as many as 10,000 lawyers in the country working for outsourcing providers, and total revenues in the sector are expected to double this year to $1 billion (£613 million) and rise to $4 billion within five years.

Turnover at Pangea3 doubled in 2009, and Mr Kamlani expects a similar increase this year. The company’s investors include Sequoia, the venture capital group that backed Google. Its clients include several leading Wall Street banks.t is a vision that could radically change Britain’s legal industry.

Much of the work that Pangea3 and similar firms deal with, such as drafting derivatives contracts or conducting due diligence for mergers and acquisitions, was once the preserve of trainees and associates at big City law firms. Some of those firms racked up annual revenues of more than £1 billion during the boom years, in part by billing out teams of junior lawyers for up to £300 an hour for even the most routine tasks.

However, those firms, in a drive to cut costs, are beginning to send that sort of work to cheaper jurisdictions, such as India, South Africa and the Philippines.

Whereas a new recruit at a “magic circle” firm in London can expect a starting salary of about £60,000 — rising to more than £90,000 at the best paid firms — Pangea3 can pay a good Indian law graduate as little as £350,000 rupees (£4,700) a year.

That sort of cost-saving has proved compelling in the wake of the economic downturn and is causing demand for Indian outsourcing providers to soar. Studies suggest that there are as many as 10,000 lawyers in the country working for outsourcing providers, and total revenues in the sector are expected to double this year to $1 billion (£613 million) and rise to $4 billion within five years.

Turnover at Pangea3 doubled in 2009, and Mr Kamlani expects a similar increase this year. The company’s investors include Sequoia, the venture capital group that backed Google. Its clients include several leading Wall Street banks.

via Brief for India’s outsourcing lawyers: keep it cheap – Times Online.

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Freshfields heads 2009 deal rankings as Euro M&A manages revival in Q4- Legalweek

Hopes rise of deal revival but M&A stats show corporate activity in 2009 fell to six-year low

Freshfields Bruckhaus Deringer has topped Mergermarket's European deal rankings for 2009 – a year that saw activity levels fall back to 2003 levels.

The magic circle firm headed the European rankings by value and volume after advising on 169 deals worth $274.6bn (£170bn). The tally, which included roles on five of the 10 largest European deals of 2009, saw the firm narrowly knock last year’s leader – Linklaters – into second place by both value and volume. Both firms advised on the largest European deal of the year – HM Treasury’s $41.9bn (£26bn) stake in Royal Bank of Scotland.

Mergermarket’s research shows a marked uptake in activity in the fourth quarter of 2009 with some 916 European deals worth $203.3bn (£126bn) compared with 830 deals worth $77.3bn (£48bn) in Q3.

Ed Braham (pictured), global head of corporate at Freshfields, commented: “We saw a stronger flow of new deals at the end of last year and my instinct is to be optimistic for the first half of 2010. However, the deals could take some time to reach signing and there is the risk of a market shock.”

Despite the increase in activity seen in the last quarter of 2009, looking at the year as a whole shows a gloomy picture. European M&A activity stood at 3,524 deals worth $473.7bn (£293bn) in 2009, down from 5,456 deals worth $1,048.1bn (£649bn) in 2008. The figures are broadly similar to 2003 when there were 3,303 deals worth $487.4bn (£302bn).

Linklaters corporate head David Barnes said: “I think 2009 will prove to be the low point of M&A; it should pick up gradually from here on in.” Tim Emmerson, Sullivan & Cromwell London M&A partner, added: “At an emotional level people who have been sitting on their hands for a long time realise that they need to get out there and start doing deals and using the pools of acquisition finance which are available from the better capitalised banks.”

Asia-Pacific stood out as the strongest performer of the year, with activity matching 2007 levels. In 2009 the region saw 2,208 deals totalling $419.3bn (£260bn).

via Freshfields heads 2009 deal rankings as Euro M&A manages revival in Q4- Legalweek.

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Will Shanghai Overtake Hong Kong as World Financial Center?

A report by British law firm Eversheds claiming that Shanghai could overtake London as a world financial center in 10 years has led to a predictable round of hand-wringing from the British press, including the Financial Times, the BBC and the Telegraph.

But not all of Asia is gloating. Missing altogether from Eversheds’ report is the city that’s most worried about losing ground to Shanghai: Hong Kong.

Obviously, such surveys are to be taken with a grain of salt; after all, over a tenth of Eversheds’ respondents predicted Dubai would emerge as the world’s preeminent financial center in decade’s time.

And Hong Kong, a special administrative region of China with a separate local government and legal system, has been booming recently. So far this year, its exchange is leading the world in initial public offerings, mostly on behalf of mainland Chinese companies. It remains the preferred regional base for global banks and, consequently, international law firms.

Still, Hong Kong has long had a complex about Shanghai, which was the region’s preeminent financial center before falling under communist rule in 1949. Now that that same communist government has embraced capitalism, fears abound that Shanghai will be promoted at Hong Kong’s expense.

That anxiety was reflected in a Reuters article last week, in which one Hong Kong banker fretted that his city would become a second city — a Boston or a Chicago to Shanghai’s New York.

via Will Shanghai Overtake Hong Kong as World Financial Center?.

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The top 50 litigation practices

One of the key findings from The Lawyer’s annual round-up of the top 50 global disputes practices is that international arbitration is one of the main battlegrounds for the world’s top litigation teams.

What is also clear is that London is at the centre of the action, a fact that has not gone unnoticed by the top international firms.

“London certainly has to be a place where you increase resources,” argues Gibson Dunn & Crutcher partner Larry Shore. “The way we look at the world, there’s certainly significant growth in international arbitration in London and New York, with arguably some levelling off in Paris.”

Shore’s perception is backed up by statistics from the ICC International Court of Arbitration, which shows London is gradually closing in on the French capital as the world’s favourite city for arbitration (see below).

Globally, however, there is much more than just arbitration keeping firms busy. This year’s top 50 litigation practices, based on the proportion of firms’ 2008 revenue derived from disputes, reflects increasing levels of activity across a wide range of areas.

The list is inevitably dominated by US firms. Strategically and historically litigation is not as important to UK firms, a fact underlined by the presence of only five UK-headquartered firms in the list.

That said, the current performance of some UK firms with strong countercyclical practices (think Stephenson Harwood, where revenue was up 8 per cent at the half year) might encourage firms on this side of the Atlantic to invest a little more in building disputes teams.

[continued] Focus: Fight Club: The top 50 litigation practices | Features | The Lawyer.

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Lawyers gear up for new rules on arbitration – The New Lawyer

AUSTRALIA’S arbitration bodies and lawyers are gearing up for changes in the litigation climate, with new laws now set to be passed.

The Australian Centre for Commercial International Arbitration (ACICA), the Institute of Arbitrators & Mediators Australia (IAMA) and the Chartered Institute of Arbitrators Australia (CIArb) have signed a memorandum of co-operation in which they plan to promote the use and education of arbitration in the Asia-Pacific region.

The agreement was struck following amendments to the International Arbitration Act 1974 (Cth) introduced into Parliament by Attorney General, the Hon Robert McClelland.

Australian Centre for Commercial International Arbitration president Douglas Jones told The New Lawyer the reform is long overdue.

He said new legislation would encourage both Australian and non-Australian parties to have their international arbitrations held in Australia.

“We as a country have got significant advantages I think, with a well developed legal system and very competent practitioners to take advantage of that,” he said.

“Arbitration is a multi-billion industry in other places – in SIngapore, Hong Kong, London, all of them see that it adds huge value to the local economy in a range of areas,” said Jones.

The global financial crisis has seen an increase of commercial disputes but because

international investors want to avoid the uncertainty of litigation in a foreign court

system, the ACICA said.

via Lawyers gear up for new rules on arbitration – The New Lawyer.

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Eight More U.K. Top 30 Firms Size Up Legal Outsourcing Moves

Some of the London's leading law firms are considering outsourcing legal work as increasing numbers of firms look to cut costs by using external providers for both legal and business support.

Linklaters, SJ Berwin, Freshfields Bruckhaus Deringer and CMS Cameron McKenna are among eight firms within the top 30 currently looking at introducing some aspects of legal process outsourcing (LPO).

Camerons and SJ Berwin have yet to identify which areas they would like to outsource, while Linklaters is considering sending some document review, due diligence, contract development and legal research functions to an outside provider.

Research by Legal Week shows that a further eight firms within the top 30 already carry out some form of LPO, including the likes of Allen & Overy (A&O), Eversheds, Lovells, Pinsent Masons, Wragge & Co and Simmons & Simmons.

A&O, for example, uses a network of alumni for work such as first drafts of banking documents, as well as outsourcing some litigation document review to India through outsourcing company Integreon. The Integreon deal followed a pilot in March this year and comes as A&O has also outsourced some document review work to companies Pangea3 and QuisLex in response to client demand.

Eleven top 30 firms said they had no plans to carry out any legal process outsourcing. However, some of these had looked at it and discounted it as an option.

via Law.com – Eight More U.K. Top 30 Firms Size Up Legal Outsourcing Moves.

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New Litigation Financing Fund Raises $130 Million in London IPO

It’s time to declare litigation financing a bona fide investment class.

On Friday, a new British fund called Burford Capital raised $130 million in an 80-million-share initial public offering on London’s junior exchange. It was the biggest-ever offering by a litigation financing fund–as we’ve previously reported, Juridica has raised about $100 million in two rounds of financing–and attracted interest from large, institutional investors. Invesco UK bought 45 percent of Burford’s shares; Fidelity International and Baillie Gifford each bought 10 percent.

via New Litigation Financing Fund Raises $130 Million in London IPO .

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