10World Report - USAAPRIL 2013PwC releases latest securities litigation studyWhile the first three quartersof 2012 saw an averageof 46 cases, securitieslitigation filings decreaseddramatically in the fourthquarter, to 33 cases—thelowest level since the 30cases filed in the secondquarter of 2009, accordingto the 17th annual SecuritiesLitigation Study released byPwC US. The study entitled,At the crossroads, waitingfor a sign, finds that federalsecurities class action filingsin 2012 decreased by about10 percent from 2011. Therewere 172 cases in 2012,compared to 191 cases in2011.In the U.S., the last quarterwas affected by two pivotalevents: the impendingpresidential election andthe political uncertaintyinherent in the run-up, anda looming “fiscal cliff” ofautomatic tax hikes andgovernment spending cuts.PwC also noted SuperstormSandy may have playeda role by interruptingtransportation, shuttingdown power, and blockingaccess to the Internetand phone service in theNortheast, therebydisrupting law firms, courts,and financial markets.“While 2012 started muchthe same as 2011, it endedvery differently,” saidPatricia Etzold, securitieslitigation partner with PwC.“Despite the uncertaineconomic and marketconditions in the secondhalf of the year, the numberof securities litigation filingsdecreased by 21 percentleaving us to question thedirection things will go fromhere.”According to PwC, theoverall number ofsettlements and total valueof settlements decreased inDLA Piper securessignificant patentinfringement win forCovidienDLA Piper recentlyrepresented Covidien(NYSE: COV), a leadingglobal provider ofhealthcare products, ina successful patentinfringement suit againstEthicon Endo-Surgery, Inc.,a Johnson & Johnsoncompany, relating toEthicon’s Harmonic® line ofultrasonic surgical products.On March 28, 2013, USfederal judge Janet BondArterton for the District ofConnecticut awardedCovidien a $176.5 millionverdict upon ruling thatEthicon infringed Covidien’sUS Patents 6,063,050,6,468,286 and 6,682,544,each relating to ultrasoniccutting and coagulationsurgical devices. Theamount of the verdict,which could be appealed,was based on an eightpercent royalty rate frominfringed sales throughMarch 2012, plusprejudgment interest.New York partners DrewWintringham and FrankRyan led the DLA Piperteam, which includedpartner Mark Rueh andassociates Erica Pascal,Matt Ganas, AirinaRodrigues and JoannaSykes-Saavedra.2012. After a 26 percentdecline in the number ofsettled federal securitiesclass action cases from 2010to 2011, cases settled in2012 decreased by sevenpercent and the total valueof settlements in 2012represented the lowestamount since 2002.With the exception of 2011,which saw an increasein total settlement valueto $3.4 billion, total annualsettlement amounts havebeen on a downward trendsince 2005. The averagesettlement value (excludingzero-dollar or undisclosedsettlements) decreasedfrom $50 million in 2011 to$38 million in 2012.Filings related to thefinancial crisis, China-basedcompanies and merger& acquisition (M&A)transactions - although toa lesser extent - sawsignificant downturns during2012. Illustrating the drop,only three financial-crisisrelatedcases were filedafter a total of 178 suchcases were filed from 2008to 2011.However, while only 36M&A-related cases werefiled in 2012 (as comparedto 48 in 2011 and 41 in 2010),those 36 cases represented21 percent of the totalcases filed for the year,making 2012 the third yearin a row in which M&Arelatedcases accountedfor more than 20 percent oftotal cases filed.“The overall level of M&Adeal activity continues toremain below the levelsseen prior to the financialcrisis,” said Neil Keenan,principal with PwC. “Despitethe expectation that M&Acases will continue withsome level of activity, it willtake another market-drivenevent to truly fill the void leftby these waning marketevents and trends.”PwC also notes that casesagainst foreign issuers (FIs)decreased dramatically in2012 compared to 2011,with only 32 cases filed in2012 (19 percent of totalcases), versus 61 filings (32percent of total cases) theprevious year. Casesagainst China-basedcompanies decreased 60percent, from 37 in 2011 to15 in 2012. Twice as manycases against China-basedcompanies were filed in thefirst half of the year (10cases) than in the latterhalf (five cases).“With future of litigationtrends still murky,companies must cast awide net for monitoring,assessing, and mitigatingrisks,” added PwC's Etzold.TAGLaw Awarded EliteRanking in Chambers Global2013 for Legal NetworksTAGLaw®, a worldwidealliance of independent lawfirms, has been recognized asan “Elite” network in theChambers Global 2013rankings guide for legalnetworks. With over 145member firms operating outof more than 300 offices inmore than 80 countries,TAGLaw is one of more than30 global legal networks, butone of only six to receive thehighest ranking of “Elite” inChambers Global.In selecting networks for theirElite award status, Chamberspays particular attention tothe quality of the firms in thenetwork and to their globalreach. TAGLaw, with itspresence in over 80 countrieshas leading firms in eachjurisdiction providing legalservices to companiesranging from the Fortune 1000to local businesses. Withexperience in more than 20practice areas and dozens ofindustries, TAGLaw offers aformidable capability to itsmember's clients.“Chambers is one of thepremiere rankings guides inthe legal industry. We knowthat it is a valuable resourcefor in-house counsel, andwe have used it in our ownresearch to identify the mostqualified members forTAGLaw,” said Robert Sattin,President of TAGLaw. “It isonly fitting that Chambers haschosen to rank legal networks,since they have substantiallyimpacted the legalmarketplace by offering firmsand their clients’ access tolegal services around theworld. We are honoured toreceive this distinguishedrecognition and feel it is atribute to the quality of firmswho are members ofTAGLaw.www.lawyer-monthly.com
APRIL 2013 World Report - Europe 11Olswang advises EuromoneyInstitutional Investor PLC onthe agreement to acquireHSBC's QuantitativeTechniques operationOlswang has acted forEuromoney InstitutionalInvestor PLC, one of Europe'slargest business and financialmagazine publishers, on theagreement to acquire HSBC'sQuantitative Techniques(QT) operation. QT is thecalculation agent business ofHSBC Bank PLC and createsand maintains more than 100equity and bond indices forHSBC's Global Markets divisionand 60 other external clients.Completion of the salewill take place after atransition phase, which isexpected to take six months.This acquisition will allowEuromoney InstitutionalInvestor to build anew business buildingindependentindexcompilation services, andleverage its strong relationshipswith financial institutions toexpand QT's customer base.Euromoney also plans to useQT's index calculationexpertise to develop newindex families across otherparts of its business.Stephen Hermer, Partner inOlswang's Corporate Group,commented: "We weredelighted to help one of thebiggest European businessand financial publishers on thisstrategic acquisition whichwill see it expand into a newbusiness area and leverageexisting relationships."The Olswang team was led byCorporate Partner StephenHermer with assistance fromPartner Ross McKean andAssociates Yasmine Meeajunand Melanie Shefford.Cypriot citizenshiprules to be relaxedfor foreign investorsThe rules regulating Cypriotcitizenship are set to berelaxed for foreigninvestors who have lostmore than 3 million eurosin the bailout deal as aresult of the recentfinancial crisis.The announcement willmostly affect Russianbusinesses, which havebillions in Cypriot banks.According to the BBC,President Anastasiadessaid at a press conferencethat the move would‘mitigate to some extentthe damage" that hadbeen suffered by theaffected investors.6th annual University of Oxford / Gide LoyretteNouel French law mootOn Monday 11 March2013, the University ofOxford held its French LawMoot for the 6th yearrunning, sponsored by theinternational French lawfirm Gide Loyrette Nouel.The competition broughttogether teams from theUniversities of Oxford,Cambridge, Birminghamand Warwick, UniversityCollege London, King’sCollege London and,from further afield,Complutense University ofMadrid, the University ofFlorence and the Universityof Cologne.The moot, or concoursde plaidoiries, this yearconsidered an issue ofFrench employment lawwith the added element ofan employee’s right toprivacy and was judgedby a variety of highlyrespected French legalprofessionals andacademics.The panel overseeing thefinal was chaired by MAlain Lacabarats, thepresident of the SocialDivision of the Cour deCassation, FrenchSupreme Court. He wasassisted by:Mme Françoise Kamara,conseiller in the CivilDivision of the Cour deCassationMme Dominque Fenouillet,professor at the UniversitéParis 2 Panthéon-Assasand director of the Institutefor Legal SociologyM Philippe Stoffel-Munck,professor of private law atthe Université Paris 1Panthéon-SorbonneRupert Reece, partner withthe International DisputeResolution team at GideLoyrette NouelInterestingly, M Lacabaratsconfessed that it was notat all clear how the mattershould be decided giventhe facts and that it wastherefore down to thedexterity of each side'scounsel to convince thecourt of their client’s case.The winning team fromUCL, Micol Flegenheimerand Lara Levet, each wonan internship with the firm.Rupert Reece, partner andjudge said: “The standardof advocacy wasparticularly high this year. Itwas very impressive to seestudents from such a widevariety of legal andculturalbackgroundsattacking a reallychallenging topic ofFrench law and doing it allin French.”www.lawyer-monthly.com