Powering into the FTSE 100
In December last year, energy company Aggreko joined the heavyweights of the stock market, entering the FTSE 100 for the first time following an 18% rise in its share price. For the company's director of legal affairs, Peter Kennerley, who joined from Scottish & Newcastle in October 2008, it feels good to be back. "When I was in the process of moving from Scottish & Newcastle [a FTSE 100 company until it was de-listed following its takeover by Heineken and Carlsberg in April 2008], my chief executive, Rupert Soames, joked that if I came on board he'd guarantee we would get into the FTSE 100. So it looks like he's fulfilled that side of the bargain," he says.
April 28, 2010 at 07:04 PM
5 minute read
Aggreko legal director Peter Kennerley tells Alex Aldridge how his small team works with the newly-crowned FTSE 100 company on commercial matters, including a £30m contract to supply power to the 2010 FIFA World Cup
In December last year, energy company Aggreko joined the heavyweights of the stock market, entering the FTSE 100 for the first time following an 18% rise in its share price. For the company's director of legal affairs, Peter Kennerley, who joined from Scottish & Newcastle in October 2008, it feels good to be back.
"When I was in the process of moving from Scottish & Newcastle [a FTSE 100 company until it was de-listed following its takeover by Heineken and Carlsberg in April 2008], my chief executive, Rupert Soames, joked that if I came on board he'd guarantee we would get into the FTSE 100. So it looks like he's fulfilled that side of the bargain," he says.
Glasgow-based Aggreko, which sells power from large numbers of temporary generators mainly in developing countries, continues to perform strongly, last month winning a contract to provide temporary power and temperature control for broadcast and technical services to the 2010 FIFA World Cup in South Africa.
The £30m contract, a joint venture with African investment holding company Shanduka Group, propelled the company to the top of the FTSE 100 gainers board. Kennerley oversaw the contract and negotiation of the power supply agreement, plus an associated sponsorship agreement. "It's still not clear whether I'll be attending the World Cup, though," he adds, dryly.
Not that Kennerley has much spare time to indulge in corporate freebies. As the senior lawyer and member of the management team in a fast-growing but still relatively small company – Aggreko employs 3,500 people worldwide, with a legal team of six – Kennerley finds himself constantly called upon to juggle a range of issues, many of them more commercial than legal.
"Compared to our market capital we have a relatively small number of employees, which suits us just fine," he explains. "Being smaller means we operate in a much less-structured way than a large company, with the management team performing in a more hands-on way. I'm not so much the lawyer, more part of the team who happens to be a lawyer."
Still, as the company's legal chief, Kennerley remains the go-to guy for certain issues – one of the most notable being risk that stems from operating in emerging market jurisdictions. "Even though we aren't a US company, we've always sought to comply with the Foreign Corrupt Practices Act. And then there is the new UK Bribery Act, of course, which will affect us in a number of ways. One of my tasks is to ensure we've got all the machinery in place to prevent any risk of corruption in the business," Kennerley says, adding that he spent some of the previous week briefing the Aggreko board on the impact of the legislation.
And then there are the relationships with external counsel. Slaughter and May handles Aggreko's big-ticket legal work – a relationship that dates back to the magic circle firm acting for the company on its demerger in 1997 from transport company Christian Salvesen (now a wholly-owned subsidiary of French-listed transport group Norbert Dentressangle). For day-to-day matters, Anglo-Scots practice Dickson Minto is the firm of choice. "We're a small legal team, so we've traditionally conducted a lot of our commercial negotiations hand-in-hand with Dickson Minto," says Kennerley. In addition, Aggreko instructs a range of law firms on an issue-by-issue basis in the 29 countries in which it operates. For now there are no plans to conduct any sort of review of advisers, with the company's current annual legal spend of around £400,000 not yet justifying a more formal arrangement.
The situation represents quite a contrast to Scottish & Newcastle, which had an annual legal spend of around £7m-£8m and boasted a long list of advisers, including Freshfields Bruckhaus Deringer, Linklaters, LG and Shepherd and Wedderburn. Kennerley – who spent 20 years at City law firm Simmons & Simmons before moving in-house in 1999 – recalls Heineken and Carlsberg's takeover of the company as one of the highlights of his career to date: "I'd seen plenty of takeovers from the outside during my days in private practice, so being on the inside of a bid in a company that was being taken over was fascinating. And I'd like to think the legal team played a large part in the process of getting the best deal possible for our shareholders."
But while he may miss some aspects of life at the brewer, such as living in Edinburgh – "a wonderful place to live and work" – Kennerley is enjoying himself in his new position. "This is an unusual role in many ways, very involved, very close to a rapidly developing business." And, he continues, it certainly beats the alternative he would have faced if he had stayed in private practice: "I'd either still be doing the same sort of work I'd always done or I'd be in some sort of management role, supervising a large group of lawyers. And I suspect I'd be feeling rather frustrated."
Career timeline
1982: Graduates from Sidney Sussex College, Cambridge, with law degree
1979: Joins Simmons & Simmons as an articled clerk
1986-88: Secretary of the Takeover Panel
1988: Makes partner at Simmons
1999: Joins Scottish & Newcastle as company secretary and GC
2008: Moves to Aggreko as director of legal affairs and company secretary
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 AllLeigh Day Cleared of Wrongdoing in £55M Shell Settlement with Nigeria
2 minute readLondon Trial Against BHP for Role in Brazil Mining Disaster Begins
Trending 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