Finance Monthly FinTech Awards 2023. Netherlands
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As we unveil the much-anticipated Finance Monthly Legal Awards publication for 2023, it’s a moment to reflect on the remarkable achievements and innovations within the legal sector. This year’s awards recognize the exceptional talent, dedication, and ingenuity of legal professionals and firms who have not only excelled in their areas of expertise but have also contributed significantly to the evolution of the legal landscape. In this publication, we shine a spotlight on notable individuals like Mohammed Zaidan of Primecase, Dr. Martin Weimann, Osamu Hamada from Hamada International Patent and Trademark Office, Ryota Hara of ASAMURA IP P.C., and Daniel Gebhardt of NEOVIUS AG. Their contributions represent the pinnacle of legal expertise and innovation. Additionally, we acknowledge the collective efforts of esteemed firms such as ASAR - Al Ruwayeh & Partners, McCarthy Tetrault, and Lawtons Africa for their exemplary services and groundbreaking work in various legal domains. Join us as we celebrate these outstanding achievements and delve into the insights and experiences of these distinguished legal minds in our 2023 edition. Introduction. www.finance-monthly.com
10 Europe 26 42 62 Americas Asia Africas
Europe
Benjamin May Aramis Law Firm 12 Martin Weimann 14 Peter Bujotzek Poellath 16 Daniel Gebhardt NEOVIUS AG 18 AJ Offiah JDS Solicitors 20
INFORMATION TECHNOLOGY LAWYER OF THE YEAR BENJAMIN MAY Founding Partner of Aramis Law Firm 12
Finance Monthly Legal Awards 2023 FRANCE ABOUT BENJAMIN Benjamin May is one of the founding partners of ARAMIS. His professional practice covers regulatory work, intellectual property, information technology, e-commerce and data protection. His practice also includes commercial contracts and litigation. Benjamin has a particular focus in the field of life sciences and in the financial services sector. He graduated from the University of Paris XI and the Ecole Supérieure de Commerce de Paris (ESCP Europe). He previously worked for the law firms Gide, both in Budapest and Paris, and de Pardieu Brocas & Maffei in Paris. He speaks French and English. Benjamin teaches Information technology law at the Paris graduated school of management (ESCP-Europe) and is a frequent speaker in conferences in his areas of expertise. Professional memberships: INTA, EPLAW, ITECHLAW, APRAM, AIPPI and ADAN. Benjamin May has been named one of France’s Best Lawyers 2024 in the Banking and Finance Law, Information Technology Law, Litigation, Outsourcing and Technology Law categories. Our Ranking by Who’s Who Legal Benjamin May has been designated as Recommended Our Ranking by Décideurs In 2020, Benjamin May and his team received the designated as having “High Awareness“. FIRM PROFILE Aramis provides services corresponding to the standards of very high quality of the most reputable firms throughout the world, while remaining reactive and focusing on the exact needs of its clients. Aramis is a team of 30+ lawyers, including 10 partners, specialized in fields of French and EU law that cover a wide spectrum of French and international corporations’ needs. www.aramis-law.com 13
Lawyer - Dr. Martin Weimann RECHTSANWALT MARTIN WEIMANN CORPORATE LAW LAWYER OF THE YEAR www.weimann.de
15 Finance Monthly Legal Awards 2023 Germany ABOUT MARTIN Martin Weimann is a widely recognized capital markets lawyer in Germany with strong credentials in investor litigation, especially in disputes regarding squeeze-outs and stock market delistings. He frequently publishes books on issues related to German stock law and collective redress with a focus on investor damages. Weimann has been an advisor to the German Federal Ministry of Justice on legislation projects concerning the legal and economic process of compensating minority stockholders in takeover situations. He also published several empirical studies on company valuation issues, a key topic when determining fair outcomes to investors. Areas Of Expertise - Stock corporation and capital market law - Shareholder activism - Corporate Governance / Corporate Social Responsibility - Collective legal protection - Litigation in Germany and Austria - Compliance (D A CH): Ombudsman / Advisor to whistleblowers - Right of execution of a will In the area of securities and collective redress he has extensive experience in representing institutional investors of all sizes as well as high net worth individuals. Martin Weimann also is the chairman of a renowned shareholder protection organization in Germany that represents stock owners at Annual General Meetings including proxy voting. Additionally, he does considerable work in the area of inheritance law, where he litigates against executors for liability, damages, and claims for information. Legal Education/Memberships - Legal studies at the University of Freiburg, Germany - State Exams in Freiburg and Berlin - Member of the Berlin Bar since 1994 - Dissertation at the Ruhr-University in Bochum (Prof. Dr. Uwe Hüffer) - Memberships: Deutscher Anwaltverein, Deutscher Juristentag, Transparency International Deutschland
Partner at POELLATH PETER BUJOTZEK PRIVATE FUNDS LAWYER OF THE YEAR www.pplaw.com/en 16
17 Finance Monthly Legal Awards 2023 GERMANY ABOUT PETER Peter is ranked as one of the leading fund lawyers in Germany. He advises on all contractual, tax and regulatory aspects of the structuring of alternative investment funds (private equity, debt, infrastructure, real estate) and fund investments. His clients include many well-known German and international fund managers and investors. Peter is regular lecturer at conferences and publishes in his field of expertise, especially on fund-related tax issues. • Joined POELLATH in 2008 • Admitted to bar in 2008 • Legal trainee in Duisburg, Duesseldorf and New York City (2006-2008) • Assistant at the Institute of International Business Law at the University of Muenster (2004-2006) • Studied law in Muenster/Westphalia (University of Muenster; Ph.D. 2006; LL.M. 2010) FIRM PROFILE POELLATH stands for market-leading advice on transactions and asset management. We offer you legal and tax advice from one source. Benefit from our concentration on selected areas of work. Not only do we know the law, we also work with you to shape the best practice within the market. Clients appreciate our unlimited availability and our international network. We always have your business in mind and offer you comprehensive service, economic solutions and clear advice. Your business and your challenges change. You have high expectations of your advisors - and rightly so! Your success is always the focus of our activities. Whether a start-up or a DAX-listed company – our clients appreciate our clear, focused and above all solution-oriented “state-of-the-art” advisory approach. Through our many years of experience and comprehensive market knowledge, we set new benchmarks together with you. We offer more than comprehensive advisory services: Our added value for you, symbolized by the plus in our logo, is economically feasible and robust solutions. This makes us a strong partner for your business.
Lawyer - NEOVIUS AG DANIEL GEBHARDT PLANNING LAW LAWYER OF THE YEAR www.neovius.ch
19 Finance Monthly Legal Awards 2023 SWITZERLAND ABOUT DANIEL Daniel Gebhardt is a partner in NEOVIUS advocacy and notary’s office, a commercial law firm with a focus on construction and real estate law. He is authorized to practice before all Swiss lower and higher courts, having more than thirty years of experience. Daniel specializes in advising institutional investors, private individuals and public entities from the strategic stage of real estate or infrastructure projects, during the public approval process, in drafting, negotiating and concluding the necessary contracts with designers and contractors, up to the enforcement of rights after the completion of construction. He supports the acquisition and disposal of real estate and real estate portfolios. He is assisted in this by the company’s own notaries. Daniel Gebhardt has a very long experience in dealing with the environmental aspects of construction projects, including national highway projects. In particular, he deals with the topic of polluted sites. In addition to his full-time professional activities, he serves on various boards of directors and foundations, regularly publishes on legal topics and is president of the Basel Building Forum. NEOVIUS Ltd. is a dynamic, medium-sized law firm, whose beginnings date back to 1972. NEOVIUS advises and litigates in private and public law matters, mainly in the area of commercial law. All ten partners are highly specialized, half of them are Certified specialist SBA Real Estate and Construction Law. The law firm is domiciled in Basel and practices throughout Switzerland. PRACTICE AREAS Public and private building law Construction contracts Law of architects and engineers Regional planning and environmental protection law Infrastructure law (national roads, railroads) Submission and expropriation law Contact Details Daniel Gebhard - Certified specialist, SBA Real Estate and Construction Law E: daniel.gebhardt@neovius.ch T: +41 61 271 27 70
20 PRINCIPAL AND DIRECTOR OF JDS SOLICITORS A.J OFFIAH admin@jdssolicitors.com www.jdssolicitors.com 0044 20 7366 6409 ADVOCACY EXPERT OF THE YEAR
21 Finance Monthly Legal Awards 2023 UNITED KINGDOM ABOUT A. J. OFFIAH Afame, Kingsley, John OFFIAH; “AJ” to colleagues, other lawyers, and clients alike. Admitted as a Solicitor end of 1999; in 24th year as a Solicitor with unrestricted Practising Certificate; approaching 30 years in the law. Founded JDS Solicitors in the late noughties and remained central since that time. One of the leadership triumvirates, consisting of himself, fellow Director Wilberforce Ehimika, and Practice Manager Dolores Henry. Has run/supervised other Solicitors firms since 2007, moved the firm from its former office in Stratford to its current base in 2015. Converted JDS to a Limited company, together with Wilberforce Ehimika, in late 2018 JDS SOLICITORS JDS Solicitors is a small and growing family-friendly firm of solicitors, offering a client-centred and flexible legal service to its clients and associates alike. PRACTICE AREAS Criminal Law Immigration Law Family Law Housing Law Employment Law Property Law Litigation Law Welfare Benefits Police Station Representation “JDS Solicitors is always available 24/7 ready to help you”
‘BigLaw’, similar to the UK’s ‘Magic Circle’, is a term coined to describe the leading law firms in the US and internationally. While the exact factors that mark a firm as ‘BigLaw’ may vary, most will employ over 100 lawyers and offer staff the most competitive salaries in the sector. Making partner at one of these firms has long been a common career goal of lawyers in the US, with the prestige and remuneration of these positions compensating for the long hours and exceptional standard of work expected of them. In this feature, we take a deep dive into the concept of BigLaw as a phenomenon in the legal sector, studying its characteristics and how its influence has come to define the professional landscape of the modern era. Written By Oliver Sullivan Finance Monthly BIGLAW A BRIEF HISTORY OF SPECIAL FEATURE 22
SPECIAL FEATURE 23
INCEPTION AND GROWTH Legal education in America’s early post-colonial history was rarely formal, with most lawyers entering the sector by apprenticing to established legal professionals. The founding of Harvard Law School’s training program in 1817 providing a mould that would come to define legal education in the US, at the same time paving the way for the formation of so-called ‘white shoe’ firms in the northeastern US and the rise in professionalism that ensued. The first entities that would come to be recognised as ‘law firms’ emerged in the late eighteenth and early nineteenth centuries and generally comprised three or fewer lawyers. These grew larger by the decade, with 15 firms recognised in the US with four or more lawyers in 1872 and 210 in 1903. The number had grown to more than 1,000 by 1924, and the intervening years had seen the establishment of the so-called ‘Cravath System’ that defined the broad organisational structure that many law firms sport to this day. As laid out in Marc Galanter and Thomas Palay’s seminal book Tournament of Lawyers (1999), the Cravath System refers to a loosely pyramid-shaped hierarchy of advancement where partners are served by several partnership-track associates below them to ensure profit maximisation. The term ‘BigLaw’ itself was coined by professional advisory firm Beaton Capital in 2013 to refer to large law firms that used this pyramid structure. It is no coincidence that the rise of larger law firms coincided with the turn of the century and the ensuing boom period of US commerce, wherein names like Rockefeller, Carnegie and Vanderbilt emerged as pioneers and monopolists. This period marked the transition of lawyers from pure courtroom advocates to business advisors, with a corresponding focus on professionalism and speed of service. Formalised partnership agreements became more common during this period, along with larger premises as firms strove to keep up with supplyside demand for legal advice, taking on more staff than could operate out of the formerly common two-man offices. The evolution of BigLaw in this manner can be seen in organisations like Shearman & Sterling. Founded in New York City in 1873 with only five legal staff and a focus on litigation, the firm’s reputation for strong transactional work came to define its practice, cultivating relationships with financiers and industrialists like Jay Gould and Henry Ford that would propel it to enduring international success following the Second World War. Similar cases can be seen in the meteoric rise of White & Case and Kirkland & Ellis, both of which launched in NYC with a founding partnership of only two lawyers and rode a wave of growth to become two of the largest firms in the US and the world. BIGLAW TODAY It is worth noting that, despite the name, BigLaw today comprises only a minority of lawyers. A 2020 study by the American Bar Association found that around 22% of lawyers work at firms of 100 or more attorneys, whereas 30% work at firms of two to nine, 17% at firms of 10-49 and 5% at firms of 50-99. A full 26% identify as solo practitioners. The relative scarcity of positions at these larger firms has contributed to the culture of competition that surrounds them. In 2023, BigLaw firms are synonymous with both the quantity and quality of the lawyers they employ. The broad pool of specialisations available to these firms allows them to offer comprehensive legal services to high-paying clients across a range of industries. Associates receive access to excellent training programmes and partners enjoy some of the highest salaries in the profession, incentivising excellence at all levels. However, this excellence comes at a cost. BigLaw’s culture of perfection demands that legal professionals put ever more time and effort into the job, nurturing an environment where burnout, impostor syndrome and crises of confidence are rampant. Staff turnover rates among larger firms are high as a result, with ‘lawyer’ ranking as the most stressful occupation according to data collected by the US Bureau of Labor Statistics. SPECIAL FEATURE 24
Now, in the era of remote working and mental health safeguards, these drawbacks may have started to outweigh BigLaw’s attractions. ‘THE END OF BIGLAW’ Observers within the legal sector have theorised about the ‘death’ of the BigLaw model for decades, particularly in the wake of the 2008 financial crisis, which saw more than 14,000 members of staff at America’s largest firms laid off within a year. Some base their hypotheses in criticism of larger firms’ fundamental business structure, which often fosters bloated headcounts and a lack of diversification that can lead to vulnerability during times of economic stress. However, it may be more accurate to point to BigLaw’s culture as the root of its self-sabotage. Under 40% of aspiring lawyers born in the US between 1995 and 2012 – ‘Gen Z’ – say that they would like to join one of the 200 largest firms in the country; a figure that continues to fall. BigLaw firms’ perceived “sexist culture”, lack of work-life balance and a general lack of diversity in top positions were all cited as factors deterring respondents from seeking them out. Instead, they reported a stronger ambition to work as in-house counsel, in a government role or for a non-profit organisation. While America’s biggest firms may not be in any danger of collapsing overnight, young lawyers’ growing focus on pursuing careers that align with their values may yet force a shift in the BigLaw status quo. We at Lawyer Monthly will continue to track the evolution of the legal sector’s major players with great interest, and a hope that firms will see the benefit in devoting greater attention to the health and wellbeing of their top talent. 22% of lawyers work at firms of 100 or more attorneys 30% work at firms of two to nine 17% at firms of 10-49 5% at firms of 50-99 26% identify as solo practitioners SPECIAL FEATURE 25
26 Americas
Marcela Waksman TozziniFreire Advogados 28 Ejnisman Raj Juneja McCarthy Tétrault 30 Andrew R. Hein Poellath 32 Thanh Foxx Foxx Law 34 27
FIRM PROFILE We believe that merging different points of view is what distinguishes us in developing innovative legal solutions. Our collaborative culture, with integrity, social responsibility, and respect for diversity, makes us more than a law firm. We are a strategic partner for our clients, delivering legal and business solutions with innovation, agility, and creativity. We believe in combining in-depth technical know-how with a strategic and multidisciplinary approach. This is the way we transform legal matters into a competitive advantage for our clients’ businesses. www.tozzinifreire.com.br/en/ 28
29 ABOUT MARCELA LL.M. degree from Cornell University, USA, 1998. Studied International Business and Business Law at the University of California, USA, 1995. Graduate of the Law School of PUC-SP (Pontifícia Universidade Católica de São Paulo), 1992. Co-head of TozziniFreire’s Corporate/M&A practice, Marcela concentrates her work on the telecommunications and technology, intellectual property and privacy and entertainment industries. She has advised clients on numerous transactions, including mergers and acquisitions, joint ventures, and corporate restructurings. Marcela uses her thorough knowledge of the technology and telecommunications sectors to assist clients with both regulatory and business issues, including the negotiation of supply agreements and other contracts, outsourcing and licensing and software development, and issues related to privacy and the Internet, among others. In the intellectual property field, she has assisted in the negotiation of technology transfers and licensing agreements. She has extensive experience in the defense and registration of trademarks, patents, utility models, and industrial designs at the Brazilian Industrial Property Institute (INPI), besides advising clients on copyright and image rights-related matters. Marcela is recommended by international legal guides such as Chambers Global, Chambers Brazil, The Legal 500, Expert Guides, Latin Lawyer 250, Who’s Who Legal, WTR 1000 - World Trademark Review, Análise Advocacia 500 and IFLR1000. Marcela is recognized as LACCA Thought Leader: Intellectual Property, and she is LACCA Approved. She also won the Americas Women in Business Law Awards 2016 for Best Lawyer in Intellectual Property in Latin America, promoted by Euromoney Legal Media Group. CORPORATE LAW LAWYER OF THE YEAR MARCELA WAKSMAN EJNISMAN Partner at TozziniFreire Advogados Finance Monthly Legal Awards 2023 BRAZIL
TAXATION LAWYER OF THE YEAR www.mccarthy.ca/en RAJ JUNEJA Partner at McCarthy Tétrault 30
31 Finance Monthly Legal Awards 2023 CANADA ABOUT RAJ Raj Juneja is a partner and the Co-Practice Group Leader of McCarthy Tétrault’s National Tax Group. Based in Toronto, he has more than 19 years’ experience navigating clients through evolving tax environments in foreign and domestic markets. Raj is an advisor that provides creative solutions in a way clients can understand and is one of Canada’s most prominent tax lawyers. Raj has extensive experience as both a corporate tax planner and a tax dispute resolution expert. As a tax planner, Raj advises on corporate finance, private equity, derivatives, domestic and cross-border reorganizations and mergers and acquisitions. Clients highlight his commitment to client success, creativity and pragmatic problem-solving capabilities. As a tax dispute resolution expert, Raj advises on large complex tax disputes and often resolves tax disputes in his clients favour where other firms are unable to do so. Raj is often called upon in high stakes tax disputes where others have failed. Raj has published numerous papers for various publications and conferences, including the Canadian Tax Foundation and the International Fiscal Association. Raj also co-authored the text book Taxation of Corporate Reorganizations (third edition). FIRM PROFILE McCarthy Tétrault is a Canadian law firm that offers a full suite of legal and business solutions to clients in Canada and around the world. We deliver integrated business, litigation, tax, real property, and labour and employment law services through our offices in Vancouver, Calgary, Toronto, Montréal, Québec City, New York and London, U.K. Our industry expertise and cross-practice, collaborative platform ensure we help build our clients’ competitive advantage. We are Canada’s first national law firm and also its most innovative, leading the way in reimagining legal service delivery through our client solutions and MT>Divisions to meet our clients’ evolving needs.
Partner - Crown Point Advisors LLC ANDREW HEIN INTELLECTUAL PROPERTY LAWYER OF THE YEAR www.crownpointadvisors.com
33 Finance Monthly Legal Awards 2023 USA ABOUT ANDREW HEIN Andrew R. Hein is a partner at and founder of Crown Point Advisors LLC, which concentrates on patent litigation invalidity advising and patent post-grant invalidity advising. Over the past decade, Andy has advised on the world’s largest bet-the-company patent litigation cases in the telecommunications, video, semiconductor, and mobile device fields, spanning four continents and eight languages. He has particular experience in United States, German, and Chinese patent proceedings. Andy takes pride that he builds long-term relationships with his clients, many of whom have worked with him since Crown Point’s founding, and that his clients consistently depend on his advice for their critical matters. He has been called a “consummate IP advisor” that “consistently provides truly top-notch prior art searching for myriad large and important projects and is a person of integrity who treats others with a high level of dignity and respect.” Since 2013, Andy has been recognized as one of the world’s leading IP strategists by Intellectual Asset Magazine. Andy earned his JD from Georgetown University Law Center (magna cum laude, Order of the Coif) and his BS from Trine University (high hons). FIRM PROFILE Crown Point Advisors specializes in patent invalidity consulting in the litigation, portfolio licensing/acquisition, and post-grant fields. Over the past decade, Crown Point has advised the world’s largest companies and law firms on the world’s largest global patent litigation matters, across four continents, eleven countries, and in eight languages. Crown Point specializes in United States, German, and Chinese patent litigation and post-grant patent invalidity proceedings. In the high-tech patent space, our expertise is unparalleled and world-class: Over the past decade, we have advised on nearly all of the world’s largest patent cases in the telecommunications standard, video standard, semiconductor, and mobile device fields. In these cases, billions are at risk and companies’ existences are at stake. In the patent portfolio licensing and acquisition contexts, Crown Point advises clients on the validity of high-value portfolios, which are often focused on the key video and telecommunications standards, including GSM, 3G, 4G LTE, H.264, HEVC, and 5G. PRACTICE AREAS • Invalidity Advice for Patent Litigation • Invalidity Advice for Patent Post-Grant Proceedings • Validity Analysis of Patent Portfolios for Acquisition and Licensing • Patents and Trade Secrets
FAMILY LAW FIRM OF THE YEAR "Thanh Foxx was an amazing attorney! I was going through a tough 17 year divorce, no children, just community property, however I had already gone through 2 other divorce attorneys that were not able complete the divorce process. Thanh was efficient , reliable, honest, and assertive. My ex husband was making things difficult for me, such as not showing up to court, not responding when asked to present certain documentations etc. After 5 long years,with 2 other attorneys, Thanh was able to come through for me within 6 months. She was able to finalize the divorce and I was finally able to move on. I would recommend Thanh. If you are looking for a professional, dependable attorney, she will come through for you like she did for me." - J. Tsurutani FOXX LAW www.foxxlaw.com 34
FIRM PROFILE If you find yourself facing misdemeanor or criminal charges, or need representation in a divorce hearing or business case, call Thanh Truo ng Foxx for advice and legal representation you can count on. WHO WE ARE Attorney Thanh Truong Foxx graduated magna cum laude from San Jose State University in 1993 with a major in Criminal Justice Administration and a minor in Political Science. While at San Jose State University, she was voted President of the Alpha Phi Sigma Criminal Justice National Honor Society. Ms. Foxx then moved to St. Louis, Missouri, and attended St. Louis University, School of Law. After graduating from SLU Law, she moved to California and, although she passed the California Bar, decided to serve as a federal law enforcement officer to federal judges in the Northern District of California for one year. In 1998, Ms. Foxx moved to Sacramento, California, and has been helping clients in Sacramento ever since. Attorney Thanh Truong Foxx has been practicing for more than 20 years focusing in criminal law, family law and bankruptcy law. CONTACT E: truongfoxxlaw@yahoo.com T: (916) 922-2255 F: (916) 922-2288 Because of her diverse background, Attorney Thanh Truong Foxx is able to provide her clients with a unique understanding of the law. Her family immigrated to the island of Guam from Vietnam. To date, Ms. Foxx maintains strong ties to the Vietnamese community in Sacramento. In 2005, Ms. Foxx was profiled in BN Magazine’s cover story: “Successful Vietnamese Entrepreneurs Among Us” for her success as both an attorney and businesswoman. We invite you to contact us with your particular legal matters whenever they may arise. 35 Finance Monthly Legal Awards 2023 USA
As of his surrender to authorities in Fulton County, Georgia, on 24 August, Donald Trump has become the first former US president to ever have been indicted for a crime. Trump faces dozens of criminal charges, ranging from allegations relating to his hush-money payment to former porn actress Stormy Daniels to accusations of having engaged in a conspiracy to illegally overturn the results of the 2020 presidential election. Such charges are unprecedented. However, Trump is far from the first president to have been accused of a crime. Throughout its 200-year history, several presidents have become embroiled in legal troubles either during or before their tenure in office. From impeachment proceedings for lying to Congress to an arrest for speeding in a horse-drawn carriage speeding, each has made a marked a ‘first’ in the country’s legal record books in one way or another. Donald Trump speaking at CPAC 2011 in Washington, D.C. By Gage Skidmore - WikiCommons. Attribution-ShareAlike 2.0 Generic (CC BY-SA 2.0) (https://creativecommons.org/licenses/by-sa/2.0/deed.en) Written By Oliver Sullivan Finance Monthly PAST PRESIDENTS AND THEIR LEGAL TROUBLES
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Andrew Johnson Trump was impeached twice during his presidency, first over an apparent threat to withhold aid to Ukraine to secure advantages against then-presidential hopeful Joe Biden, and again over his actions in the lead-up to the January 6 attack on the US Capitol. However, Trump is only the second president to have been “impeached of high crimes and misdemeanours in office”. The first was 17th President of the United States Andrew Johnson, who inherited a political powder keg in the aftermath of the Civil War and the assassination of predecessor Abraham Lincoln. Johnson frequently clashed with the so-called ‘radical Republicans’ of the era, who wanted to implement stringent conditions on seceded states’ readmission to the Union. Johnson’s policies were more lenient towards the South, and he repeatedly blocked the enforcement of the Reconstruction Acts, which had been passed to provide suffrage to freed slaves and prevent former Southern rebels from regaining control of their state governments. The clash came to a head in 1867 following the passage of the Tenure of Office Act, which made it impossible for the president to dismiss important government officials without Senatorial permission – and which Johnson defied in his subsequent dismissal of radical-sympathetic Secretary of War Edwin M Stanton in 1968. When Congress reconvened, Stanton’s suspension was overruled and the House of Representatives formally impeached Johnson by a vote of 126 to 47. Johnson was charged with violation of the Tenure of Office Act and bringing into “disgrace, ridicule, hatred, contempt, and reproach the Congress of the United States”. However, the president’s political fortunes changed during the 11-week trial that followed, gaining enough credit among the senators that he escaped removal from office by one vote. Johnson passed the rest of his term unremarkably and was succeeded by radical-favoured candidate Ulysses S Grant later that year. Bill Clinton The last president who came close to facing criminal charges while in office, Clinton’s tenure was marred by a scandal originating before he took up residence in the West Wing. Receptionist Paula Jones claimed to have suffered emotional damage in May 1991 after Clinton, then-Governor of Arkansas, exposed himself to her in a hotel room, suing for sexual harassment. The Clinton v Jones suit was influential in establishing a precedent that a sitting president might be sued for actions taken prior to being elected. Moreover, it brought to light other instances of improper behaviour by Clinton, including a two-year relationship with White House intern Monica Lewinsky. This would become the defining scandal of Clinton’s presidency, as his Clinton v Jones testimony denying the affair was used as grounds for his impeachment by the House, who accused him of lying under oath and obstruction of justice. Clinton eventually reached an out-of-court settlement with Jones in November 1998 which saw the president paying $850,000 in civil damages while admitting no wrongdoing. With neither article of impeachment gaining the required two-thirds majority, he was not convicted in his impeachment trial, yet the sex scandals would become an enduring legacy of his time in office. “To date, only two presidents (current or former) have been arrested.” Bill Clinton speaking at a rally in Phoenix, Arizona. By Gage Skidmore - WikiCommons. Attribution-ShareAlike 3.0 Unported (CC BY-SA 3.0) (https://creativecommons.org/licenses/by-sa/3.0/deed.en) Brady-Handy collection at the Library of Congress - Public Domain SPECIAL FEATURE 38
Ulysses S Grant To date, only two presidents (current or former) have been arrested. The most recent of them is Trump, but Andrew Johnson successor Ulysses S Grant had the dubious honour of becoming the very first. It is a matter of historical record that Grant faced at least two confrontations with the law, which occurred within months of each other in 1866 while he was a lieutenant general. The National Intelligencer reported that, while “exercising his fast gray nag” on 14th Street in Washington, DC, the general was detained by two MPD officers for speeding. Grant offered to pay the fine, but “expressed his doubts of their authority to arrest him” and drove away – before later acknowledging his warrant and paying in full. Later that year, Grant was arrested again on speeding charges and again paid his fine. According to some historians, a third incident occurred in 1872 during Grant’s tenure as president, during which he was apprehended by African American MPD officer William H West for driving his horse-drawn buggy at speed. Then the 18th President of the United States, it is claimed that Grant not only encouraged West to arrest him, but insisted that he not face punishment for doing his duty. The incident was noteworthy not only for being the first arrest of a president, sitting or otherwise, but also for the arresting officer having been an African American – and occurring during the height of the Reconstruction era. Brady-Handy collection at the Library of Congress - Public Domain Richard Nixon President Nixon is cited by many as the closest analogue to Trump in terms of the seriousness of his flagship scandal. In 1974, Nixon made history as the first president to resign the position, having been widely disgraced for his participation in the cover-up of the 1972 burglaries and wiretapping of a Democratic National Committee headquarters in the Watergate complex in a bid to boost his re-election odds. His resignation came under the imminent promise of impeachment and followed the indictment or jailing of 40 federal officials, including his own chief of staff, chief domestic advisor, White House attorney and attorney general. Of particular note is the detail that Nixon was named an ‘unindicted co-conspirator’ by a federal grand jury – a term that will also be familiar to those who have followed the January 6 investigations. The decision to declare Nixon as such stemmed from an opinion from the Justice Department’s Office of Legal Counsel in 1973, which held that a sitting president could not be indicted. Less clear was whether Nixon might be charged after leaving office – a matter that his successor, Gerald Ford, sidestepped by issuing him a presidential pardon. To date, the question has never been tried in a court of law. But with Trump now polling as the most likely candidate to become Republican nominee for president in 2024, there is a non-zero chance that it may be revisited in the near future. Executive Office of the President of the United States- Public Domain SPECIAL FEATURE 39
42 Asia
Xie Bing Zhuoran Law Firm 44 James Grandolfo Milbank (Hong Kong) LLP 46 Dewi Savitri Reni SSEK Law Firm 48 Osamu Hamada Hamada International Patent 50 and Trademark Office Ryota Hara Asamura IP 54 Sam Habbas ASAR – Al Ruwayeh & Partners 56 Bashir Ahmed Afridi & Angell 58 Mohammed Zaiden Primecase 60 43
Founder of Zhuoran Law Firm 2010.9-2014.6 PhD in Law from Peking University Major International Law PATENTS AND TRADEMARKS LAWYER OF THE YEAR XIE BING mail@zhuoranlaw.com 15900962976 www.zhuoranlaw.com ABOUT XIE Education 2001.9-2005.12 Graduated Anhui Normal University, Bachelor in Science Major Chemistry Main Courses Inorganic Chemistry, Organic Chemistry, Analytical Chemistry. 2006.9-2008.12 Graduated Northeast University of Finance and Economics, Master in Law Major Intellectual Property Law Main Courses Intellectual Property Law, Civil Law, Criminal Law, etc. Work Experience 2006.1-2013.4 Partner at Shanghai Zhixin Patent Agency Co., Ltd. Responsibilities Client development, IP management, litigation, etc. 2014.4-Present: Founded Shanghai Zhuo Ran Law Firm, Director Responsibilities Client management, IP litigation, etc. Awards Top 10 IP Litigation Firms in China for 2017, 2018, 2019 Legal Services Free IP law training for Korean companies. Legal training services for enterprises in Shanghai. Honors Member of various legal and professional associations. 44
FIRM PROFILE Shanghai Brilliant Law Office mainly focuses on intellectual property litigation/non-litigation, complex dispute resolution, company investment/ financing and government regulatory affairs (antitrust, data privacy, etc.). We use legal methods to provide compliance and crisis management services for enterprises and have achieved remarkable results in dealing with extremely complex and challenging issues. Based on years of professional knowledge, we have created an increasingly sophisticated expert service system for the segmented legal service market and have won the trust of many famous enterprises at home and abroad. We use advanced equipment, coupled with visualization, risk analysis, big data and even transformational legal service technologies, to ensure that our clients can enjoy high-quality services and good experience. Our lawyers in IP Department have been providing leading high-tech enterprises, Internet enterprises, famous brands and large industrial associations at home and abroad with intellectual property litigation services regarding complex trade secrets, patents, trademarks, copyrights and unfair competition as well as legal consulting services regarding brand protection, technology licensing, patent analysis, enterprise compliance, legislative trends and government affairs for nearly twenty years. Our IP Department has a number of experienced senior lawyers, who have dealt with many influential intellectual property cases. They have unique ability and experience in the fields of wireless communication, pharmaceutical and chemical industry, medical devices, sports and entertainment, Internet competition and right confirmation litigation. In recent years, we have also provided policy research for government agencies and worked closely with experts and scholars in the field of intellectual property and industry associations to promote Sino-foreign cooperation and research in intellectual property. The Sino-US intellectual property forum, led by lawyer He Jing, leader of IP Department, has gathered the most experienced law professors, former government officials and lawyers in China and the United States and achieved a remarkable result. Shanghai Brilliant Law Office, relying on extensive service experience, recognizes that the requirements and standards of domestic and foreign clients for legal services are changing from time to time. Whether it is to carry out global/regional cooperation or to solve complex disputes at home and abroad or to develop prosperous market in China through first-class technology, brand and creativity, clients have unprecedented expectations and requirements for the professionalism and credibility of a professional legal team. Most of our partners have the working experience in well-known foreign law firms or long-term overseas study experience. Some of our partners and senior consultants have ever served in relevant ministries of the People’s Republic of China, international organizations and judicial institutions, and have maintained excellent communication channels with related Chinese government agencies and international organizations. “We use legal methods to provide compliance and crisis management services for enterprises and have achieved remarkable results in dealing with extremely complex and challenging issues.” 45
CAPITAL MARKETS LAWYER OF THE YEAR JAMES GRANDOLFO Partner Milbank (Hong Kong) LLP 46
47 Finance Monthly Legal Awards 2023 HONG KONG ABOUT JAMES James Grandolfo is a partner of Milbank LLP, head of Milbank (Hong Kong) LLP and a member of Milbank’s Global Capital Markets Group. He has over 25 years’ experience representing issuers and investment banks in a variety of debt, equity and equity-linked capital markets transactions, including high yield and investment grade debt issuances, initial public offerings, a variety of liability management exercises, Rule 144A and Regulation S transactions and SEC-registered offerings. Active throughout Asia, including in many of its emerging and frontier markets, James is especially sought out for his experience in India and the Philippines. In the Philippines in particular he advises across a variety of capital markets, M&A, private equity and leveraged finance matters and is widely considered one of the most experienced international lawyers practicing in this jurisdiction. Mr. Grandolfo’s experience spans a wide range of sectors, including finance, renewable, conventional and new power and energy, real estate, hospitality and gaming, TMT, infrastructure and logistics, among others. Combining his expertise in both capital markets and M&A, Mr. Grandolfo advises on SPAC transactions from Asia and is also active on sustainability and sustainability-linked transactions. FIRM PROFILE Driven to deliver exceptional results for our clients, we push boundaries and challenge assumptions. That’s been core to our ethos since our founding in 1866. It fuels how we work and define ourselves, and it informs our growth and evolution as a firm. We keep impressive company. Our clients are market leaders, global innovators and paradigm-shifting entrepreneurs that advance emerging industries. Surrounding ourselves by the best inspires and challenges us to constantly reimagine what’s possible. Our clients demand the best. We like that. We’re tenacious lawyers driven to solve your toughest legal challenges. That means harnessing the minds, expertise and specialties from across the firm that are needed for your unique challenges. We’re committed to delivering tailored solutions that exceed your highest expectations. Around the world, in industry after industry, Milbank’s outstanding record of making great things happen for clients has earned us consistently high rankings and myriad top awards. Accolades from publications like The American Lawyer, Chambers and International Financial Law Review attest to the firm’s well-deserved reputation. www.milbank.com
49 Finance Monthly Legal Awards 2023 INDONESIA ABOUT DEWI Dewi Savitri Reni (Vitri) has a broad practice and has extensive experience advising major Indonesian companies (including Pertamina Group, Angkasa Pura I, Danareksa, Bank Rakyat Indonesia, and MRT Jakarta) and Fortune 500 entities (Nissan, General Electric, Louis Dreyfus, Ping An, Ford, General Motors, Yamaha and Exxon, among others). Vitri is regularly approached by Big Four members Deloitte, EY and KPMG to assist with the legal aspects of client transactions. Vitri has received numerous accolades and awards over the years for her work. She was recognized as Woman Lawyer of the Year at the 2021 Asian Legal Business (ALB) Indonesia Law Awards, Dealmaker of the Year at the 2020 ALB Indonesia Law Awards, and Indonesia Lawyer of the Year at the Benchmark Litigation Asia-Pacific Awards 2020. Vitri started her career as a defense attorney at one of the most prestigious litigation law firms in Indonesia. In this position, she defended numerous high-profile clients, including Prada (trademark infringement), the former Prime Minister of East Timor, Dr. Marí Bin Amude Alkatiri (conspiracy to murder), Tommy Soeharto (banking) and Marubeni Corporation (torts). After completing her LL.M., Vitri worked at an intellectual property firm in Houston, Texas. FIRM PROFILE SSEK is one of the largest and most highly regarded independent law firms in Indonesia. Our goal is to meet the needs of clients in a positive work environment based on a team approach to the practice of law. Combining experience and expertise, the highest standards of service, and innovation to guide clients and deliver timely solutions. Our attorneys offer the highest levels of local and international expertise and experience, expertise that is continually updated and enhanced through further advanced training and education, both in Indonesia and abroad. SSEK lawyers are recognized for their professional excellence and outstanding service to clients. They are among the best-trained and most experienced Indonesian and expatriate practitioners in the country. INSOLVENCY AND RESTRUCTURING LAWYER OF THE YEAR www.ssek.com DEWI SAVINTRI RENI Partner of SSEK Law Firm
50 PATENTS LAWYER OF THE YEAR
51 Finance Monthly Legal Awards 2023 Japan Lawyer at Hamada International Patent and Trademark Office OSAMU HAMADA ABOUT OSAMU Osamu Hamada is a highly accomplished and qualified Patent Attorney (Japan). Osamu Hamada is also known for his experience of preparing and registering trademarks; this includes working in the field of chemistry as well as expertise relating to that of intellectual property, IT consulting, including his original IT system, named “Communication Risk Advisor”, strategic management consulting, environmental management consulting as well as being a member of both Japan Trademark Association (JTA) and CIFILE ( Canadian Institution for International Law Expertise). Osamu Hamada has also been previously recognised by this publication as a leading patent attorney – Japan. Known for his meticulous attention to detail and a deep understanding of the patent law landscape, he has built an exceptional reputation within the industry. His expertise spans a wide range of sectors, reflecting his ability to handle complex patent issues across diverse areas.
Osamu began his career journey with a solid academic foundation, earning relevant degrees that positioned him well to interpret the intricate dynamics of patent law. His intellectual curiosity and passion for innovation have always been the driving forces behind his decision to specialize in this field. Over the years, he has amassed extensive experience in patent application procedures, patent invalidation, and infringement litigation, among other patent-related matters. Osamu’s clients value his strategic guidance, especially in navigating the often complex and ambiguous aspects of patent law, and his commitment to protecting their intellectual property rights. His multifaceted approach to patent law combines a comprehensive understanding of the legal aspects, an appreciation of the technological implications, and an ability to foresee industry trends. This enables him to offer advice that not only safeguards his clients’ intellectual property but also aligns with their overall business strategy. Osamu is an active member of the Japan Patent Attorneys Association and continues to contribute to the intellectual property community through thought leadership. His commitment to staying abreast of industry changes and his dedication to his clients’ success ensure that he remains a respected figure in the patent law arena in Japan and beyond. Whether representing individual inventors, startups, or multinational corporations, Osamu Hamada brings to the table a blend of legal expertise, industry knowledge, and a commitment to achieving the best possible outcomes for his clients. His contributions to the field of patent law are characterized by a steadfast dedication to protecting innovation and upholding the principles of intellectual property rights. Mr. Hamada, you have mentioned that your work is focused on a range of fields, including chemistry, materials, and IT. Can you discuss some of the unique patent challenges and opportunities that these sectors present in Japan? Each of the sectors I specialize in - chemistry, materials, and IT - has its unique set of challenges and opportunities in the context of patent law in Japan. For instance, in the chemical sector, the complexity lies in the intricate nature of chemical compounds and formulations, making the drafting of patent applications a detailed and precise task. On the other hand, in the IT sector, the rapid pace of technological advancements means that patents must be drafted in a way that covers potential future developments. An Interview with Osamu 52
Japan’s IT industry is known for its rapid growth and innovation. How does the country’s patent law system foster and protect these advancements? The Japanese patent law system has adapted well to the pace of the IT industry. Our system encourages innovation by providing robust protections for new developments, but it also ensures that the scope of protection is balanced against the need for industry-wide progress and competition. You also handle applications to foreign countries and domestic applications from foreign countries. What are some of the complexities you encounter while dealing with international patent applications? In terms of international patent applications, the complexities usually arise due to variations in patent laws and practices between countries. Understanding the nuances of each jurisdiction and keeping abreast of changes is crucial. Language barriers can also add a layer of complexity, which is why it’s essential to work with an attorney who can handle these intricacies. What are some common misconceptions foreign businesses have about patenting their inventions in Japan? One common misconception that foreign businesses may have is that the patenting process in Japan is overwhelmingly complicated or impenetrable. While it’s true that there are unique aspects to our patent law, with proper guidance, foreign inventors and companies can successfully navigate the system and secure the protection they need for their innovations. Given the international nature of technology and innovation, how do you see the role of patents evolving in the global landscape? Looking at the international scene, I see the role of patents becoming even more important in the future. As technology becomes more interconnected and globalized, the ability to secure and enforce patent rights across borders will be crucial. Finally, could you provide some practical advice for both domestic and foreign inventors looking to patent their innovations in Japan’s dynamic and varied technological fields? My advice to both domestic and foreign inventors looking to patent their innovations in Japan would be to seek expert advice early on in the process. Understanding the landscape of existing patents, the scope of potential protection, and the strategic implications of various approaches to patenting can make a significant difference in securing robust and effective protection for your innovations. 53 On the Evolving Role of Patents Globally: "As technology becomes more interconnected and globalized, the ability to secure and enforce patent rights across borders will be crucial." Finance Monthly Legal Awards 2023 JAPAN
54 Patent Attorney at ASAMURA IP RYOTA HARA rhara@asamura.jp www.asamura.jp + 81 3 6840 1536 TRADEMARKS AND PATENTS LAWYER OF THE YEAR
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