Dealmaker: Slaughters' Richard Swallow on Rolls-Royce, wheeling Boardman through an airport and advising Britney Spears
Fresh from advising Rolls-Royce on a corruption probe, Slaughters investigations co-head discusses the highlights of the case
February 17, 2017 at 08:21 AM
4 minute read
Richard Swallow, investigations co-head and City disputes partner at Slaughter and May, has spent the past year advising Rolls-Royce on the Serious Fraud Office's (SFO) probe into allegations of bribery and corruption at the company. Earlier this month, Rolls-Royce agreed to pay £671m to settle cases in the UK and US. Swallow led the firm's team alongside fellow disputes partner Jonathan Clark.
In December, Swallow was also instructed by British American Tobacco (BAT) to work on its investigation into allegations of bribery and corruption. Other case highlights include advising British Airways on its defence of multiple claims for damages in excess of £1bn, in relation to the alleged air cargo cartel.
What were the highlights and key challenges of acting for Rolls-Royce on the SFO corruption investigation? Coordinating, with co-counsel Debevoise, a huge and complex global investigation – and ultimately resolution – with authorities in the UK, US and Brazil. This was all conducted in the full glare of the media, and (in the UK at least) under the new and developing Deferred Prosecution Agreement procedures. This all presented significant logistical and strategic challenges, which were made easier however by a very professional and experienced client team.
Why did you become a litigator? I enjoy problem solving, strategy and winning.
What's the closest you have come to doing something other than law? Medicine – every other member of my family is a doctor, and I did sciences at A level.
Why work in a law firm rather than become a barrister? I considered I was better suited to the collegiate team environment of a law firm, as opposed to being a sole practitioner barrister.
Which judge or barrister do you most admire and why? Laurie Rabinowitz QC – combination of huge brain and very nice chap.
What's been your proudest professional moment/moment in court? In litigation for JP Morgan arising out of the collapse of Enron, persuading an English judge to find that Arthur Anderson's accounting for various Enron structured finance transactions was correct.
…and worst day on the job? Inviting Nigel Boardman to play a game of tennis while on business in Washington DC, during which he ruptured his Achilles tendon – I had to push him in a wheelchair through Dulles airport onto the plane home.
What advice would you give to young litigators starting out? On every case, aim to become a master of the facts – it is obvious but all legal analysis and strategy builds on the facts.
What's the best/worst thing about being a litigator? Winning/losing.
What's the funniest thing you've ever witnessed in court? When representing the Test and County Cricket Board at the Sarfraz Nawaz v Allan Lamb ball tampering libel trial, watching counsel try to explain to the judge and jurors the art of reverse swing bowling, with the aid of a dozen cricket balls and post-it notes.
How do litigators differ from deal lawyers? Litigators tend to enjoy conflict more.
How much do you conform to the spiky litigator stereotype? That stereotype is, or should be, outmoded.
What's the toughest ethical/moral dilemma your job has ever presented you with? Whether to agree to act for Britney Spears on an insurance claim, given my views on her music. Resolved in her favour.
What most annoys you about the legal profession? Boring lawyers, and lawyers not willing to give a view.
What's your strongest characteristic…and worst trait? I'm fiercely competitive – my strongest and worst trait.
What's the worst corporate event you've ever attended? Too many to mention.
Most memorable case you ever have worked on and why? Acting for Kimi Raikkonen in his dispute with the Lotus team. After the case concluded, Kimi kindly invited me to the Singapore Grand Prix and I spent the race in the pits with the Ferrari team.
Do you see yourself having a career outside law? No. Time outside the law will always be for my wife, family and friends.
What's your favourite TV depiction of a litigation lawyer? Harvey Spectre in Suits or Denny Crane in Boston Legal.
What's your favourite item of clothing? My ski boots.
What's your favourite cheese? Mont d'Or.
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