Anthony Giustini

Anthony Giustini specialises mainly on project development and finance transactions in the oil and gas, petrochemical, power projects, mining and infrastructure sectors, in markets throughout the world.

Who we are & how we work:

We are one of the world’s pre-eminent law firms, with significant depth and range of resources across five continents. As a single, fully integrated, global partnership, we pride ourselves on our approachable, collegial and team-based way of working. We always strive to exceed the expectations of our clients, which include corporates from all the commercial and industrial sectors, governments, regulators, trade bodies and not-for-profit organisations. We provide them with the highest-quality advice and legal insight, which combines the Firm’s global standards with in-depth local expertise.

Many of the world’s leading organisations look to Clifford Chance not just for legal expertise but for advice on business critical issues. They place us in this position of trust because:

  • We expect our people to put the interests of our clients first: we invest in understanding client organisations, their operating context and the opportunities and challenges they face.
  • We give practical advice: we draw on the huge range and depth of our expertise to develop commercial, effective solutions for clients.
  • We believe in the power of teams, rather than individuals: to secure successful outcomes, we bring together groups of people with just the right mix of sector, product and jurisdictional knowledge.
  • We invest for the future: we have always taken the view that we must invest today to build the firm our clients will need 15, 20 or more years into the future. As a result, our resources are second to none, whether our people, our know-how, our approach to client service, or our sheer geographic footprint across 32 major financial centres across the Americas, Asia Pacific, Europe, the Middle East and Africa.

As a leader in our field, we are rightly held to high standards in all we do. We are committed to inspiring the trust of our stakeholders by making Responsible Business a central part of our strategy. This encompasses how we do business and manage risk, as well as our commitment to our people, communities and the environment.

Last, but not least, we aim to be easy to work with, down to earth and approachable.

Alexey V. Kiyashko

Alexey Kiyashko has practiced law in Skadden’s Moscow, New York and Paris offices and is currently a co-head of the Moscow office.

Firm Overview:

With 22 offices, more than 1,700 attorneys and 50-plus practice areas, Skadden advises businesses, financial institutions and governmental entities around the world on their most complex, high-profile matters, providing the guidance they need to compete in today’s business environment.

Filipa Arrobas da Silva

Filipa Arrobas da Silva has developed her work in the area of Real Estate law, with experience in national and international transactions in this area with a corporate and tax component.

Filipa provides legal support in transactions and operations at national and international level of purchase and sale of properties, leasing, management and operation of condominiums, works contracts and acquisitions of shares in commercial companies.

Firm Overview:

DLA Piper is a global law firm with lawyers located in more than 40 countries throughout the Americas, Europe, the Middle East, Africa and Asia Pacific, positioning us to help clients with their legal needs around the world.

We strive to be the leading global business law firm by delivering quality and value to our clients.

We achieve this through practical and innovative legal solutions that help our clients succeed. We deliver consistent services across our platform of practices and sectors in all matters we undertake.

Our clients range from multinational, Global 1000, and Fortune 500 enterprises to emerging companies developing industry-leading technologies. They include more than half of the Fortune 250 and nearly half of the FTSE 350 or their subsidiaries. We also advise governments and public sector bodies.

Joakim Falkner

Joakim Falkner is a member of Baker McKenzie’s Securities Practice Group in Stockholm. He is listed as a leading lawyer for capital markets in Chambers Europe and IFLR1000 and is recognized by several other legal directories. Prior to joining Baker McKenzie, he worked at another global law firm. In 2008, he was appointed national representative of Sweden by the International Bar Association’s Young Lawyers Committee. Mr. Falkner is qualified to practice in Sweden, England and Wales and has a US LLM from Boston, United States of America.

Practice Focus:

Mr. Falkner practices mainly in the fields of capital markets, mergers and acquisitions, corporate law and corporate governance. He represents clients in a wide range of transactions, including debt and equity capital markets transactions as well as public mergers and acquisitions. Mr. Falkner has advised clients in securities transactions under Swedish, US and English law.

The New Lawyers for the New World:

Volatility and uncertainty are the new norm. With events like Brexit in the UK and the new administration in the US just two examples of recent geopolitical upheaval, we need to be able to help our clients navigate a constantly changing and challenging market. And it requires a new type of thinking and a different mindset.

It requires lawyers who collaborate unusually well across borders, markets and industries around the globe. Lawyers who embrace new ideas and emerging technologies to give businesses confidence in these uncertain times.

We are The New Lawyers.

We are Baker McKenzie.

Diana Chan

Diana Chan is an associate in our corporate practice in Hong Kong. She has experience in a variety of corporate matters including mergers and acquisitions, equity capital markets transactions, joint ventures and post-listing regulatory compliance. Prior to joining Kirkland & Ellis, Diana worked at Freshfields Bruckhaus Deringer in Hong Kong, London and Shanghai. Her experience includes secondments to the legal & corporate affairs department of Japan Tobacco International and the in-house legal team of DBS Bank.

Bar Admissions:

  • 2015, Hong Kong, Solicitor

Education:

  • The Chinese University of Hong Kong, P.C.LL., 2013
    Law Society of Hong Kong / Bloomsbury Books Prize Winner
  • London School of Economics and Political Science, LL.B., 2012
    First Class Honours

Law Firm Overview:

For more than 100 years, Kirkland has provided exceptional service to clients around the world in complex litigation, corporate and tax, intellectual property, restructuring and counselling matters. The groundwork has been established for another century of superior legal work and client service.

Brexit legal challenge: UK government appeals

The UK Supreme Court is considering whether to hear an appeal filed by the government over a Brexit legal challenge to be heard in Europe.

On November 27 an emergency hearing of the European Court of Justice (ECJ) in Luxembourg will examine whether a majority vote against Brexit in the House of Commons will be able to arrest the UK’s minimal progress out of the EU. The Brexit legal challenge, submitted by a group of pro-Remain MPs and campaigners, was referred to the ECJ by the Edinburgh Court of Session, Scotland’s supreme civil court.

A cross-party group of Scottish MPs, MSPs and MEPs teamed with Good Law Project director Jolyon Maugham QC to bring the Brexit legal challenge, arguing that MPs should be able to vote to revoke Article 50 without the permission of the government or other Member States. They said Brexit was “not inevitable” and that allowing parliament to vote to stay in the EU could be essential to avoid a “no deal disaster”.

The Court of Session initially turned down the group’s bid to refer their Brexit legal challenge to the ECJ, but after the group successfully appealed the court’s decision the case was passed to the ECJ with a request for an expedited procedure due to the time sensitivity of the issue.

The UK government has asked the Supreme Court for permission to appeal against the Court of Session’s decision to refer the Brexit legal challenge to the ECJ, citing the terms of Article 50 of the Treaty on European Union. Lawyers for the Department for Exiting the European Union (Dexeu) say the issue of reversing Article 50, thereby stopping Brexit, is hypothetical as the government has declared it has no intention of doing so; and that remaining in the EU would undermine the sovereignty of parliament.

The Supreme Court has not set a date to hear the appeal. A statement from the court said: “The court is aware of the urgency of this matter.”

Marilyn Klinger

Ms. Klinger serves as the Managing Partner of SMTD Law’s Los Angeles office. She is involved in all aspects of construction law on a state and national level, representing the full spectrum of the construction industry, from owners, contractors, subcontractors and sureties. Ms. Klinger’s practice includes time-related claims and litigation (e.g., delay/impact), legal advice and counsel regarding the contracting process (e.g., bidding and contract disputes/performance bond claims), payment enforcement/defense (e.g. payment bonds/mechanics liens/stop payment notices), administrative and scope claims and litigation (e.g., differing site conditions, change and extra work orders/inadequate plans and specifications and subcontractor substitutions) and counseling and transactional services to the construction industry (e.g., general advice and counsel, including contract preparation, evaluation and negotiation). In addition, she has extensive experience in dispute resolution including litigation, trial, appeals, arbitration and mediation.

Ms. Klinger is a hard-working “straight shooter.” Early in her career, she became a pioneer in construction law, being one of the first women attorneys to practice in the primarily male field. Through her passion and unique intelligence she has established a vital, nationwide practice involved in all aspects of construction law and a career marked by increasingly prominent leadership positions. She is recognized as an innovator in legal problem-solving and as a thought leader who is a frequently published author and sought-after speaker for professional legal, construction and educational publications and organizations. Marilyn loves humor and thinks everyone is way too serious.

CONSTRUCTION LITIGATION, GOVERNMENT CONTRACTS, AND COUNSELING:

The Firm handles all facets of federal and state public works construction projects, and commercial and private works projects. The Firm counsels owners, developers, general contractors, subcontractors and suppliers in a broad range of transaction and litigation matters. With decades of collective experience handling construction disputes, our attorneys are uniquely qualified to address the complex issues that arise in the construction industry.

Prior to the start of construction, our attorneys found that negotiating appropriate contract terms and counseling our clients’ project team regarding the legal requirements of a particular project often make or break the project. Our attorneys frequently counsel construction clients with matters involving:

  • Preparing and negotiating contracts
  • Interpreting regulatory requirements, including licensing issues, set aside qualifications and the Federal Acquisition Regulations
  • Creating project specific form documents to comply with legal, contractual, and statutory requirements
  • Analyzing, prosecuting and defending bid protests
  • Analyzing subcontractor listing requirements

Once construction has commenced, our clients demand prompt, accurate and experienced responses to their questions. Our attorneys are well versed in handling:

  • Subcontractor substitutions
  • Payment disputes
  • Work stoppages
  • Stop notice and bond claims
  • Delay and productivity claims
  • Labor and prevailing wage claims with the Department of Labor Standards Enforcement and others
  • Change order and extra work disputes
  • Termination disputes
  • Submittal, scope, and design disputes

Many projects are successfully closed out without the need for experienced counsel. When disputes arise, the Firm is positioned to effectively and efficiently address our clients’ claim needs. Avoidance of unnecessary litigation costs and expenses is important, and, as such, the Firm assists with analyzing and quantifying claims prior to litigation and providing upfront risk analysis. By doing so, we are able to provide our clients with workable solutions to avoid litigation.

If prosecuting or defending a claim is necessary, our attorneys are experienced and have a tremendous record of success. Our attorneys have successfully handled trials and claims in state and federal courts, various Boards of Contract Appeals, the U.S. Court of Federal Claims, arbitrations, and other tribunals involving:

  • Differing site conditions
  • Liquidated damages and delays
  • Improper and/or inflated back-charges
  • Subcontractor substitutions
  • False claims
  • Mechanic’s liens, stop notices and payment bond claims
  • Prompt payment penalties
  • Defective design
  • Loss of productivity and disruption
  • Cumulative impact or “ripple effects”
  • Modified total costs
  • Cardinal Change and Abandonment
  • Breach of warranty and construction defects
  • Prevailing wage claims

 

Trump endorses criminal justice reform legislation

US President Donald Trump on Wednesday announced his support for the FIRST STEP Act, which aims at reforming the prison system to better rehabilitate individuals upon re-entering society.

The Act “uses a targeted approach toward a specific population of Federal prisoners who will eventually be released,” and aims to “promote prisoner participation in vocational training, educational coursework, or faith-based programs, and in turn help them successfully reenter society.” The program would focus on job skills, drug treatment, and education.

FIRST STEP has been deemed “bipartisan” and showed overwhelming support in Congress with a 360–59 in May. Trump delivered remarks about the effect this bipartisan effort will have:

[W]e’re all better off when former inmates can receive and reenter society as law-abiding, productive citizens. And thanks to our booming economy, they now have a chance at more opportunities than they’ve ever had before. … Our pledge to hire American includes those leaving prison and looking for a very fresh start—new job, new life.

Trump also remarked on the wide-rage of support from law enforcement at every level, showing high expectations for the Act’s influence on inmate re-entry.

Pillsbury Adds China-Focused Litigation Partner in New York

As bilateral hostilities between the world’s two largest economies persists, Pillsbury Winthrop Shaw Pittman has recruited a litigation partner in New York who focuses on China-related disputes.

Geoffrey Sant joins from Dorsey & Whitney, where he was a New York partner in the firm’s trial department. Sant mostly helps Chinese companies and executives defend securities class actions and other commercial and employment claims before U.S. courts.

Sant will be a partner in Pillsbury’s New York office and spend “a substantial amount of time in Asia.” Fluent in Mandarin Chinese, he will primarily work out of the firm’s Beijing office and also spend time in Shanghai, Hong Kong and Taipei.

He joined Dorsey & Whitney in 2012 after spending four years with Morrison & Foerster; he became a partner at Dorsey in 2016.

The hire comes at a time when the United States and China are in an escalating battle over trade issues. Multiple rounds of high-level negotiations have taken place, but little progress has been made. Meanwhile, the Trump administration is tightening scrutiny of Chinese companies and individuals on the cybersecurity and intellectual property fronts.

Last week, the Department of Justice indicted a group of Chinese government officials for alleged trade secret theft. Also last week, the Department of Commerce banned all exports to Chinese semiconductor maker Fujian Jinhua Integrated Circuit Co. Ltd. amid intellectual property theft allegations.

Deborah Baum, Pillsbury’s Washington, D.C.-based litigation practice leader, said Sant’s ability to collaborate with Chinese clients and understand complex Chinese laws and documents will help serve the firm’s clients well.

In August, Pillsbury opened an intellectual property-focused Taipei office with trial lawyer Christopher Kao and patent specialist David Tsai. In 2016, it launched a Hong Kong office, led by former Clyde & Co global aviation finance head Paul Jebely, primarily focusing on commercial aircraft and private jets financing work. Sant said the financial services and aviation sectors—focuses for Pillsbury in Asia—are also rapidly expanding aspects of his practice.

The firm’s Beijing office, led by former Paul Hastings partner David Livdahl, was opened in 2014. The Shanghai office, led by IP litigation partner Jack Ko, was launched in 2006.

Macau firm plots regional Greater Bay Area coverage

MdME Lawyers has made history as the first Macau law firm established in Hong Kong following approval from Hong Kong’s Law Society to register as a foreign firm and practice Macau law in Hong Kong.

MdME, which made the announcement on the same day the Hong Kong-Zhuhai-Macau Bridge was opened to the public, bills itself as bridging the gap between the two legal markets by focusing on opportunities that span both markets.

Founded in 2006, with over 25 fee-earners, the full-service firm has represented large corporations operating in Macau across sectors such as finance, gaming, real estate, energy, construction, infrastructure, pharma and telecom.

Gonçalo Mendes da Maia, founding and Managing Partner of MdME said the new Hong Kong office would help the firm achieve its goal to become “a truly regional firm in the Greater Bay Area”.