M&A team of the year
The judges agreed that Freshfields' work advising Nomura on the acquisition of Lehman Brother's European, Middle East and Asian arms was the standout deal of 2009. If ever a deal was designed to test the mettle of an international law firm, this was surely it. In all, 17 of Freshfields' offices worked on the deal while the firm also co-ordinated the instruction of external counsel in another 13 jurisdictions. This all took place at the height of the credit crunch-induced financial market turmoil. The need to act quickly and decisively was an essential feature of this deal.
December 08, 2009 at 02:21 AM
2 minute read
The judges agreed that Freshfields' work advising Nomura on the acquisition of Lehman Brother's European, Middle East and Asian arms was the standout deal of 2009. If ever a deal was designed to test the mettle of an international law firm, this was surely it. In all, 17 of Freshfields' offices worked on the deal while the firm also co-ordinated the instruction of external counsel in another 13 jurisdictions. This all took place at the height of the credit crunch-induced financial market turmoil. The need to act quickly and decisively was an essential feature of this deal.
Nomura signed a business sale agreement with Lehman's UK administrators to acquire its European and Middle Eastern businesses on 23 September 2008. The following day, Freshfields was instructed to implement the acquisition of the businesses under the business sale agreement and to co-ordinate the next phases of the transaction. Complex in itself, the economic and political backdrop against which the deal was being put together created several additional issues.
A key task for the Freshfields team was to secure regulatory approval for the deal across several jurisdictions. Given that Lehman operated as a global investment bank, unravelling its European and Asian operations from the US business acquired by Barclays Capital further complicated the process. The challenge for Freshfields was to secure the separation of these businesses and ensure that they would be fully functional and operational as soon as possible. All services likely to be required in the short term had to be identified and a transitional services agreement quickly negotiated with detailed schedules identifying the services concerned.
The firm's IP/IT team played a key part in this process. When deliberating on this category, the judges said they were seeking to look beyond the mechanics of the deal for hard evidence of the contribution being made by the lawyers. Freshfields' entry pushed all the right buttons.
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