Bird & Bird plots further growth in Asia-Pacific
Two Birds is currently in talks with local firms to grow its best friend network in Southeast Asia
June 09, 2016 at 07:05 PM
15 minute read
The original version of this story was published on Law.com
Bird & Bird started the year in Asia boldly with a double hire, taking corporate partners John Shi and Shan Lai from DLA Piper in Beijing. The move was one of the most significant the firm has made since losing a six-lawyer team to Awapatent's China launch in February last year.
In the past four years since his relocation from London, Bird & Bird's Asia head Justin Walkey has presided over measured growth for the firm, including entering into partnerships with two Indonesian firms in 2014.
The initial priority was to bring Two Birds' Asia offering in line with the firm's European strengths – diversifying from its then IP-heavy focus and establishing itself as the go-to tech firm in the region.
"You have to adapt to local market conditions but the focus over the last three to four years has been really around growing resources in our transactional capabilities, to effectively match the practice sizes that we have got back in Europe," says Walkey.
However, Walkey notes that not all of the firm's European sectors are suitable for regional Asian markets.
Now Bird & Bird has set its sights firmly on growth in Asia-Pacific, continuing to build up core practice areas as well extending its regional reach through new best friend associations in Southeast Asia.
Regional presence
Bird & Bird already has a significant presence on the ground, with three China offices in Beijing, Shanghai and Hong Kong, in addition to bases in Japan, Singapore – where it has an association forming Bird & Bird ATMD – and Sydney.
The firm also has cooperation agreements with domestic firms in South Korea, Indonesia and Malaysia and a formal association with Chinese firm Lawjay Partners, through which it offers PRC law.
"Hong Kong and China is half our business," says Walkey. "It is a massive market and there is more potential. A quarter of our market is Singapore and Southeast Asia and the other quarter is the Australia and New Zealand piece."
Southeast Asia is currently a focus for the firm, which is looking to enter a number of domestic markets via best friend firm agreements and is currently holding discussions in Thailand, Vietnam, Cambodia, Laos and Myanmar.
Walkey notes that clients expect firms to be able to provide local advice in Asia, in addition to global expertise.
"We don't have any burning ambitions or need to be physically on the ground in those countries as Bird & Bird. What we do need is capability statements with tried and tested firms we work with, that can meet client needs. It's as simple as that," Walkey explains.
Globally, the firm is currently in the process of "rationalising" its best friend network, making sure the firms it cooperates with are well suited to Bird & Bird's practices in each jurisdiction.
The firm is making sure it has a limited number of key relationships in each country where it does not have an on-the-ground presence. In Asia this applies to Japan, where the firm does not have an office and has no intention of practising local law – choosing instead to focus on outbound work.
China
China, meanwhile, is a more complicated proposition – as it is for all firms. Bird & Bird, through its tie-up under a Hong Kong Chinese trade agreement with Lawjay, can offer PRC law advice but, Walkey says, is prevented from marketing its capabilities as much as it would like.
The question for Walkey is how you develop a successful China practice and work out what capabilities you need on the ground.
"There is a new IP court that has opened in Guangdong – what do we need to do about that? We are doing a lot of litigation in Beijing, Shanghai, so do we need to be in every major Chinese city? I don't think so. That model I'm not sure I fully understand."
"Could we, should we, be looking at relationships more broadly with larger or different local firms that have other areas of practice? Yeah probably, but get in the queue – that's the problem."
Walkey believes there is no single "tried and tested" model for outbound China business and the most important factor is having the right lawyers in place.
As such, the firm is currently focusing on its recruitment strategy – bringing on board international-trained Chinese lawyers who have relationships with the powerful Chinese state-owned enterprises and private companies.
"Longer term, I can't see how an international firm can move forward without a PRC capability in what is predicated to be the largest legal market in the world," he adds.
Growth
From a practice perspective, the firm is looking to build in a number of areas across its transactional and disputes offerings. Transactional areas of growth include IP, fintech, and sports and media. Earlier this year, the firm hired London sports expert Alex Norman to join its Hong Kong office.
The firm's existing specialisation in technology is viewed by Walkey as a strength and he says the firm is looking to go into more "granular" areas of practice.
Life sciences and health are also areas of focus as the firm looks to continue growing in Shanghai and Australia.
"Within the corporate and commercial space there are definitely some further growth areas for us, maybe getting down into the slightly more granular areas," Walkey adds.
"I don't mind being behind the specialisation curve because you know it's coming – the question is how long is it going to take?"
In the past four years since his relocation from London,
The initial priority was to bring Two Birds' Asia offering in line with the firm's European strengths – diversifying from its then IP-heavy focus and establishing itself as the go-to tech firm in the region.
"You have to adapt to local market conditions but the focus over the last three to four years has been really around growing resources in our transactional capabilities, to effectively match the practice sizes that we have got back in Europe," says Walkey.
However, Walkey notes that not all of the firm's European sectors are suitable for regional Asian markets.
Now
Regional presence
The firm also has cooperation agreements with domestic firms in South Korea, Indonesia and Malaysia and a formal association with Chinese firm Lawjay Partners, through which it offers PRC law.
"Hong Kong and China is half our business," says Walkey. "It is a massive market and there is more potential. A quarter of our market is Singapore and Southeast Asia and the other quarter is the Australia and New Zealand piece."
Southeast Asia is currently a focus for the firm, which is looking to enter a number of domestic markets via best friend firm agreements and is currently holding discussions in Thailand, Vietnam, Cambodia, Laos and Myanmar.
Walkey notes that clients expect firms to be able to provide local advice in Asia, in addition to global expertise.
"We don't have any burning ambitions or need to be physically on the ground in those countries as
Globally, the firm is currently in the process of "rationalising" its best friend network, making sure the firms it cooperates with are well suited to
The firm is making sure it has a limited number of key relationships in each country where it does not have an on-the-ground presence. In Asia this applies to Japan, where the firm does not have an office and has no intention of practising local law – choosing instead to focus on outbound work.
China
China, meanwhile, is a more complicated proposition – as it is for all firms.
The question for Walkey is how you develop a successful China practice and work out what capabilities you need on the ground.
"There is a new IP court that has opened in Guangdong – what do we need to do about that? We are doing a lot of litigation in Beijing, Shanghai, so do we need to be in every major Chinese city? I don't think so. That model I'm not sure I fully understand."
"Could we, should we, be looking at relationships more broadly with larger or different local firms that have other areas of practice? Yeah probably, but get in the queue – that's the problem."
Walkey believes there is no single "tried and tested" model for outbound China business and the most important factor is having the right lawyers in place.
As such, the firm is currently focusing on its recruitment strategy – bringing on board international-trained Chinese lawyers who have relationships with the powerful Chinese state-owned enterprises and private companies.
"Longer term, I can't see how an international firm can move forward without a PRC capability in what is predicated to be the largest legal market in the world," he adds.
Growth
From a practice perspective, the firm is looking to build in a number of areas across its transactional and disputes offerings. Transactional areas of growth include IP, fintech, and sports and media. Earlier this year, the firm hired London sports expert Alex Norman to join its Hong Kong office.
The firm's existing specialisation in technology is viewed by Walkey as a strength and he says the firm is looking to go into more "granular" areas of practice.
Life sciences and health are also areas of focus as the firm looks to continue growing in Shanghai and Australia.
"Within the corporate and commercial space there are definitely some further growth areas for us, maybe getting down into the slightly more granular areas," Walkey adds.
"I don't mind being behind the specialisation curve because you know it's coming – the question is how long is it going to take?"
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