Commentary: A classic City summer on the cards - they hope
There are doubts amid the corporate cheer - but you'd never guess from the deal leagues
July 05, 2006 at 08:03 PM
3 minute read
After three years of gruellingly cautious optimism, lawyers still have not entirely gotten used to actually being optimistic, despite what has been, by any yardstick, one hell of an H1.
Early statistics suggest global M&A will hit an all-time high this year in value terms, though the prevalence of mega-deals can not quite conceal the fact that deal volume in Europe is still a way off 1999-2000 levels.
The second quarter was also notable as the first three-month stretch for five years in which public bids eclipsed private equity. Then again, it could be that public acquirers and investment banks have simply stolen buy-out houses' bag of tricks, with a string of companies launching consortium bids backed by plenty of debt, often for non-cyclical assets with strong cashflows.
Turning to firm performance, Freshfields Bruckhaus Deringer continues its outstanding run, outstripping all comparable rivals on the European stage. Slaughter and May picked up some momentum with a solid run of deals in the £1bn to £5bn range. Linklaters, aside from its instruction on the Suez's merger with Gaz de France, looked low-key given market conditions.
However, the most obviously improved runs came from Herbert Smith and Ashurst, two firms that have underperformed expectations in corporate for several years. Herbert Smith will have mixed feelings over BAA falling to Ferrovial but it still bagged a lead role on the UK's most closely-watched deal of the year. Other notable roles include advising Resolution on its £3.6bn acquisition of Abbey's assurance business, acting for Warner Music on abortive merger talks with EMI and a run of quality instructions for Chinese issuers.
Ashurst, meanwhile, benefited from a string of substantial private equity deals before securing a show-shopping instruction for the Goldman Sachs consortium on its ultimately unsuccessful BAA bid. The mood at both firms also seems palpably more confident.
Perhaps surprisingly, such upbeat sentiments are not universal. The battering stocks have taken has pretty much shut the IPO market until autumn, and there are also a lot of unsuccessful bids around. Many are predicting, in marked contrast to 2005, a classic summer slowdown. Or perhaps that is just knackered partners' wishful thinking.
Caning tables
The half-year point brings us also to the familiar issue of deal rankings, which are becoming further detached from reality. Research carried out earlier this year by Legal Week and Mergermarket into lead corporate roles confirmed what many suspected: conventional rankings routinely over-state the standing of many firms while others, notably Freshfields and Slaughters, are under-represented.
To a considerable extent, this discrepancy is thanks to market shifts, with consortium deals and competition-heavy bids leaving a handful of large deals to generate more credited advisers – no less than 22 in the case of Mittal's drawn-out takeover of Arcelor. Multiple credited advisers mean heavily-skewed rankings as a far wider pool of firms are in line for secondary roles.
Throw in US securities mandates, and you have eight US law firms ranked in Mergermarket's top 20 for European M&A, including several firms with virtually no local law capacity. And while the top-ranked Skadden Arps Slate Meagher & Flom has made massive strides, no one would seriously argue the firm is level pegging with a magic circle firm in Europe. Ironically, Cleary Gottlieb Steen & Hamilton, arguably the stand-out US firm in Europe over the last 12 months, is only 19th in the H1 rankings.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBig Law Sidelined as Asian IPOs in New York Dominated by Small Cap Listings
X-odus: Why Germany’s Federal Court of Justice and Others Are Leaving X
Mexican Lawyers On Speed-Dial as Trump Floats ‘Day One’ Tariffs
Threat of Trump Tariffs Is Sign Canada Needs to Wean Off Reliance on Trade with U.S., Trade Lawyers Say
5 minute readTrending Stories
- 1Data Disposition—Conquering the Seemingly Unscalable Mountain
- 2Who Are the Judges Assigned to Challenges to Trump’s Birthright Citizenship Order?
- 3Litigators of the Week: A Directed Verdict Win for Cisco in a West Texas Patent Case
- 4Litigator of the Week Runners-Up and Shout-Outs
- 5Womble Bond Becomes First Firm in UK to Roll Out AI Tool Firmwide
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250