Winding up Lehman - Europe's biggest legal mandate?
There are fees and then, to judge by the UK administration of Lehman Brothers, there is something else entirely. Certainly, the six-month report from the bank's administrator, PricewaterhouseCoopers (PwC), confirms what lawyers were saying last year: this will be one of the largest assignments in European legal history. With Linklaters earning £33.5m in the six-month period to mid-March, the City giant has billed nearly £1.3m a week on average. That almost certainly constitutes more than 5% of its global revenue during that period and well over 10% of London revenue. For a firm of Linklaters' diversification and global scale this is a startling amount to generate from a single mandate. Few though will doubt the firm earned its money given the complexity and scale of the insolvency, on which at various times Linklaters has had several hundred lawyers engaged.
April 15, 2009 at 08:03 PM
3 minute read
There are fees and then, to judge by the UK administration of Lehman Brothers, there is something else entirely. Certainly, the six-month report from the bank's administrator, PricewaterhouseCoopers (PwC), confirms what lawyers were saying last year: this will be one of the largest assignments in European legal history. With Linklaters earning £33.5m in the six-month period to mid-March, the City giant has billed nearly £1.3m a week on average. That almost certainly constitutes more than 5% of its global revenue during that period and well over 10% of London revenue. For a firm of Linklaters' diversification and global scale this is a startling amount to generate from a single mandate. Few though will doubt the firm earned its money given the complexity and scale of the insolvency, on which at various times Linklaters has had several hundred lawyers engaged.
As one insolvency veteran comments: "It is value for money? That's a debate, but it's big and it's bloody difficult and if you're a creditor you probably think PwC and Linklaters haven't got enough bodies on it." The fees, which compare to a £77m bill for PwC, is also within typical billing parameters on a major insolvency, especially once you view fees in proportion to assets. PwC estimates European assets under Lehman's control at $50bn (£33.7bn), while $8.7bn (£5.9bn) in cash has been recovered and $12.2bn (£8.2bn) of client assets have now been returned. The collapse of a major investment bank was also uncharted territory, complicated by Lehman's extensive dealings with hedge funds and counterparties. PwC estimates the bank had 22,000 current and historic counterparties at the time of its collapse and left 130,000 over-the-counter derivatives contracts to value.
Still, even with much of the hard work in place in terms of creating the infrastructure and process to handle the stream of claims, which stretched PwC and Linklaters to the limit in the aftermath of Lehman's collapse, the mandate looks set to be comfortably the largest insolvency yet seen in the UK.
With the administrators in March proposing a mechanism to group and return assets via schemes of arrangement, Lehman is still expected to generate several more months of work at a similarly intense pace before it slows. And insolvency specialists predict the job could be generating substantial fees for a very long time, with some talk the process could drag on longer than the landmark administrations of BCCI and Enron's UK arm. It is entirely conceivable Lehman could become the most lucrative mandate ever in Europe in any practice line.
What such a unique assignment tells you about the wider insolvency market is less clear, beyond underlining the crucial importance for City firms of securing what big-ticket insolvency work is around when M&A hits a wall. By consensus activity levels are now up for insolvency lawyers but political pressure on banks and unwillingness of lenders to force procedures that will lead to further write-downs make many believe that restructurings will drive work levels, rather than wind-ups. But Linklaters' insolvency team, which also gets the massive brand benefit of having worked on such a cutting-edge administration, has the luxury during this cycle of considering that an academic debate.
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
© 2024 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 AllLatham's magic circle strikes, pay rises and EY's legal takeover: the best of Legal Week over the last few weeks
3 minute readJob losses, soaring partner profits and Freshfields exits - the best of Legal Week over the past two weeks
3 minute readMagic circle PEP hikes, the associate pay conundrum and more #MeToo - the best of Legal Week last week
3 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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