IN THIS ISSUE

Kate Jenkins: championing change as Australia’s Sex Discrimination Commissioner

Inspiration, innovation & integrity: Victor Chu’s lessons in leadership

Lawyer to founder: alumni who are changing the world through tech

LEADING FROM THE FRONT

Former partner Michael Shaw on life as general counsel at the Royal Bank of Scotland

ALUMNI

2017 Contents Features 10 Cutting to the Chase Reflections from former senior partner Lord Gold 12 The 3 ‘I’s of Leadership Victor Chu shares his key ingredients to leadership 15 Artificial Intelligence: The Client Perspective 16 A Champion for Change Kate Jenkins’ journey as Australia’s Sex Discrimination Commissioner 18 The Rainbow Connection Pioneering LGBTI inclusion with Justin D’Agostino 20 Leading from the Front A CHAMPION Cover story: Michael Shaw BRIGHTFOR CHANGE NEW TECH 1621 24 Leading by Example Anthony Kearns on leadership and clients’ challenges 26 Being in Charge Effective leadership strategies with Kate Muir 28 Lawyer to Founder Tan Le and Srin Madipalli’s paths to success 31 Welcome Back Why two alumni returned to the firm 32 A Chat with Snap’s Lawyer Welcome to the 2017 edition of Alumni Matters. Insights with tech lawyer David Lewis 40 Supporting the Rule of Law I hope you will enjoy this opportunity to find out A look into our pro bono and citizenship initiatives

about the inspiring paths taken by members of Regulars the Herbert Smith Freehills Alumni Network. 04 Welcome from the Senior Partner 05 Getting Together: Alumni events As alumni chairman, I am continually impressed by the determination We can all take heart from these inspirational stories which showcase 34 Firm Highlights of our alumni to succeed in their chosen endeavours. Many are the diversity of our alumni. As a firm, we strive to create a diverse, 36 A View from...Qatar leaders in their fields, including those who have ventured beyond the high-performing culture throughout our offices globally. Not only are LEADING FROM 39 10 Questions with...Sylvia Schenk law and founded their own enterprises. Here we present a selection we a leading law firm in establishing an inclusive working environment THE FRONT of profiles that demonstrate their unique approaches to leadership. for everyone, we are also recognised for embracing digital innovations, 20 42 In Memoriam including artificial intelligence, when acting for clients. Former partner Michael Shaw, our cover story, reflects back on his early martial arts lessons as the formative period that eventually led There are currently over 4,500 alumni spread across 56 countries to his current role as general counsel at the Royal Bank of Scotland. and it has been another busy year with events taking place Despite Lord Gold’s retirement from his role as senior partner of across the world. Alumni gatherings have taken place in Brisbane, Herbert Smith, his reputation as a pre-eminent litigator provided the Hong Kong, Melbourne, Paris, Perth, Singapore and Sydney. I was perfect foundation to start his own strategic litigation consultancy. personally delighted to see another huge turnout at the Grand Kate Jenkins, a Freehills partner in the employment practice for 20 Reunion: London 2017. The evening was held at the Spanish years, discusses her appointment as Australia’s sex discrimination themed Aqua Nueva which, incidentally, was founded by commissioner and efforts to advance gender equality in all areas Herbert Smith Freehills alumnus David Yeo. of life. Alumni Matters celebrates the accomplishments of our incredibly Elsewhere, we celebrate the entrepreneurial spirits of our former talented people – past and present. I hope it will inspire you to stay colleagues. Tan Le, CEO of leading bioinformatics firm EMOTIV, in touch with both the firm and the alumni network. arrived in Australia as a four-year-old refugee fleeing Vietnam. Her immigrant status would ultimately instil in her an uncompromising will to succeed. Like many entrepreneurs, Srin Madipalli’s inspiration behind Accomable, an online platform for accessible travel, was born from personal experience as a wheelchair user. Both Tan and Srin BEING IN A CHAT WITH faced significant challenges but were motivated to make people’s John Farr CHARGE SNAP’S LAWYER lives better through their technology start-ups. Alumni Chairman 26 32

2 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 3 From the Senior Partner GETTING TOGETHER The theme of this year’s Alumni Matters – leadership – is one that I, like many of us, A collection of photographs from alumni events held across the globe over the past year. have thought much about over the course of my career, and especially in my current role. Many different theories exist about leadership and what makes good leaders. Leadership does not come in one form, but is about helping people to achieve their goals. 10-Year Trainee Anniversary, London

Inculcating leadership, whether formal or connection with the firm does not end the informal, at all levels is key to helping us moment they leave. They have made their achieve our strategy of being the best at what mark, contributed to our progress and, we do and a group of people all are proud in parallel with others, have helped define to be part of. We have made huge progress what the firm represents. We want our in the past three years and are well placed alumni to be proud of their part in shaping to capitalise on the opportunities arising both the history and the future development in the rapidly changing legal sector. As a of Herbert Smith Freehills. firm we have strong leadership including in Our relationship with former colleagues is our innovative approach to delivering legal also important because those of us still at services, notably through our Alternative the firm are the next generation of alumni Legal Services (ALT), which now employs ourselves. How we respect our alumni will 350 people in the ALT centres across eight set the tone for how the current generation jurisdictions (including the first of its kind in the firm will in time be respected for their with Mandarin speaking lawyers). We talk contributions. When each of us looks back about a culture of empowerment, which is at our time with the firm, we will want to Creativity and Leadership Women’s Lunch, Melbourne not yet as fully embedded as we think it can have made our contributions and to aim to be, that supports our people taking initiatives hand down to those following us a stronger and showing leadership. firm than the one we joined. That principle We are also delighted when Herbert Smith has pervaded our culture through past Freehills people continue to demonstrate generations and I hope will continue I, and others in the firm’s formal leadership leadership as they move on in their lives and into the future. team, strongly believe that effective careers – as the examples of alumni in the leadership is as much about encouraging following pages amply demonstrate. others to be leaders at all levels of the By nurturing leadership, we aim to offer the organisation as it is about setting the opportunity for staff to pursue their potential direction. Everyone has the capacity and the both inside the firm and after they leave. James Palmer potential to be a good leader with suitable We share in their success wherever they are Senior Partner support and training. This is what we aspire and whatever they are doing. But their to encourage at Herbert Smith Freehills.

Credits Disclaimer All rights reserved. No part of this publication Alumni Reception, Singapore Editors: Rishi Chopra, Brooke Donato Alumni Matters is published by Herbert Smith may be reproduced in any form without prior Deputy Editor: Kym Somers Freehills. The opinions expressed in it are those consent of the publishers. Contributors: Humphrey Keenlyside, of the individual contributors and not necessarily Simon Rhodes, Madeleine Swain those of the firm. Every effort has been made Photography: Michael Chung, to ensure the information in this magazine is Guillaume de Fenoyl, Marcus Jamieson-Pond, correct at the time of print. The next edition Martin Joppen, Ade Kehinde, Graham Lee, of Alumni Matters will be published in Richard Michalak, Darren Paterson, late 2018. Bernard Shaw, Jesse Spezza, Terran Tang, Caroline Teo, Elleni Toumpas, Theresa Wu Alumni Matters We hope you enjoy reading this issue of Alumni enquiries Alumni Matters. Please recycle it, or pass it on UK, EMEA and US: +44 20 7466 6444 to another alumnus once you have finished Australia and Asia: +61 3 9288 1846 reading it. [email protected] HERBERTSMITHFREEHILLS.COM © Herbert Smith Freehills LLP 2017 / 2835R

4 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 5 Alumni Reunion, Perth Banking & Finance Alumni Reception, London

Energy Alumni Reception, London Alumni Reception, Melbourne

Alumni Reunion, Sydney

6 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 7 Grand Reunion, London 25-Year Trainee Anniversary, London

Alumni & Internal Party, Paris

Former Partners Reunion, Sydney Sonya Leydecker’s Retirement Party, London

8 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 9 Many lawyers, especially partners, worry became a Conservative peer in the House what they might do after they leave a career of Lords. “The problem is in law. They often feel that they still have Thirdly, David was appointed as a “corporate plenty to contribute, but are not sure whether that for change monitor” by the U.S. Department of Justice their skills are transferable. Of course, some (DOJ) after BAE, Britain’s largest arms to happen, there are happy to fully retire, and enjoy working on company, had been fined $400m by the DOJ their golf skills. No such anxieties, however, to settle allegations of bribery. In that role, needs to be a for a former senior partner of Herbert Smith David not only monitored the company’s (legacy), David Gold, who hit the ground progress to reform its governance and ethics, ‘burning platform’, running when he retired from the firm in he also assisted the company with its change February 2011. which just programme so that ethical behaviour became David had three separate activities to turn his institutionalised. He continued in this role happened to be attention to. Following on from his career as until August 2013. a renowned litigator, David created his own In the intervening time, David was also the financial crisis litigation strategy consultancy, David Gold & appointed by Rolls-Royce to review its Associates. “I always felt I was good at being of 2007/2008.” “I have collected characters.” governance and compliance procedures able to analyse disputes strategically, and (as a condition of the company accepting a That is how with an ability to see a clear path to resolving David (Lord) deferred prosecution agreement) and was them – cutting to the chase, if you like,” he sums up his career in asked by KPMG to review its governance. David’s favourite case was the celebrated Gold explains. He enjoyed it so much, and realised Most recently, David has been hired to affair involving tracing the assets of a that his services were still very much in law and what he has most advise Airbus on its compliance with notorious Spanish conglomerate headed demand, that setting up his own consultancy enjoyed about being a anti-bribery rules. by José Ruiz Mateos. The Rumasa group was an obvious move. had been founded in 1961 and had built up He has clearly carved out a niche for himself businesses in property, wine and banking. By lawyer. Not that his career is Also on the litigation front, David in this area, which is only likely to increase as the mid-1980s, the group was so debt-ridden subsequently teamed up with another anywhere near finished, as more businesses come under the spotlight for that the Spanish government nationalised alumnus, Robert Rothkopf, in a litigation their governance. For David, the work offers it – and that was when Rumasa endeavoured he tells Alumni Matters. funding business called Balance Legal Capital. him the chance to delve closer into business to spirit assets out of the jurisdiction. Under The idea behind this is that the company operations. “What I most like about this work David’s leadership, the firm helped the supports those in need of financial backing to is that I am on the inside. As a lawyer, you Spanish government track down and retrieve pursue litigation with the potential return of a are close, but you are always on the outside assets worth hundreds of millions of pesetas share in any award the litigant wins in a court looking in,” he notes. (Spain’s currency at the time). case (or in any settlement, if the case does not reach court). Back to the beginning David became head of the litigation practice in 2003 and then was elected the firm’s “I also wanted to Of course, while he was with Herbert Smith, senior partner two years later. During his time David certainly had more than his fair share as senior partner David oversaw the firm’s have change, not of interesting cases as an external adviser. international expansion and helped integrate When he first joined the firm as a trainee the litigation and corporate practices. “These for change’s sake (then known as articled clerks) in 1973, the were necessary reforms,” David says. “I was firm was still in its offices on London Wall, determined to make the firm more international, but to improve complete with manually operated lifts and to grow it and make it more profitable. I also the organisation.” its “rabbit warren of offices”. wanted to have change, not for change’s sake On qualification, David joined two groups, but to improve the organisation.” Participating in Balance Legal Capital also one headed by the legendary David Natali David goes on: “The problem is that for taps into David’s litigation expertise. Along (a renowned litigator who advised on many change to happen, there needs to be a with the other investors, he can weigh up the high-profile cases over his 45 years with ‘burning platform’, which just happened to be merits of the case – and therefore whether the firm), where he worked on commercial the financial crisis of 2007/2008. That helped that makes for a good investment – and then disputes and the other, led by Robin Smeaton, me to get through some radical changes and he can provide advice on the best course dealing with construction cases. Preferring really ensured that we, as a firm, diversified, of action as the litigation unfolds. “That is the former to the latter, David made it a streamlined and truly globalised.” what makes us different from other litigation condition on being offered partnership funders: we don’t just put money in, we in 1983 that he never work on another Clearly, this demonstrated David’s leadership, advise on the strategy,” David says. construction dispute again! but he does not see leadership as top-down directives; rather he views leadership as an The second string to his bow on leaving the He then created his own group, supported by enabler. “Whether as head of litigation or firm was David’s involvement with the UK’s 12 associates, that was instructed in a stream as senior partner, my aim was always to get Conservative Party. He had been hired by of high-profile cases. Notably, David advised the best out of people working for me and the party to chair the disciplinary committee business magnate, Alan Sugar, in his long- therefore to encourage each of them to be looking into the expenses scandal that running dispute with Terry Venables over leaders. I hope I achieved that. To this day, engulfed the Houses of Parliament in 2009. ownership of Tottenham Hotspur Football that is my approach to leadership.” The following year, he was nominated to Club. He also acted for renowned chef, become a peer – Baron Gold of Westcliff- Albert Roux, who supplied a hamper each on-Sea, to give him his full title – and then lunchtime break during the court hearing.

10 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 11 Victor Chu is an old school entrepreneur with many strings to his bow outside of his main day job – chairman of Hong Kong’s First Eastern Investment Group. But he received his first lessons in business leadership as a trainee lawyer at Herbert Smith.

Warm and extremely affable, Victor Chu He started working for Herbert Smith (legacy) is in demand across the world – both for his in 1980, straight after graduating from business acumen and his personal wisdom University College London, attracted to the and experience. Along with founding his firm by its reputation in the field of trusts own airline, he sits on various university and and litigation, as well as its “strong public business councils, as well as advisory boards duty spirit”. and those of philanthropic organisations Two years later he was one of three lawyers across the globe. He has enjoyed a stint as sent to Hong Kong. “It was quite unusual for director of the Hong Kong Stock Exchange a trainee to be able to persuade the firm to and in 2011 was awarded the Global open the first office in Asia,” he recalls, adding Economy Prize (jointly with former US that the very act of setting up an office was Treasury Secretary Larry Summers and an invaluable experience. “When you open former European Central Bank president an office you get exposed to lessons that are Jean-Claude Trichet) by the Kiel Institute more than just the practice of law. You learn for the World Economy. how to start the firm. We had to go out and He’s come a long way in his career, but Victor buy dustbins and pencils, engage architects is quick to praise his own father for helping and apply to the Law Society for permission him along the road to success. Indeed, First to open.” Eastern Investment Group is an offshoot of Compounding his training in the corporate the company Mr Chu senior started in the late side of law, where he was helping companies 1950s. But Victor stresses that his early days to raise funds and issue shares, starting the as a fledgling lawyer also gave him a unique venture capital and private equity firm First experience of the business side of law. Eastern was a next logical step.

12 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 13 ARTIFICIAL INTELLIGENCE: THE CLIENT PERSPECTIVE Whilst expectations for artificial intelligence (AI) are at new highs, research conducted by Herbert Smith Freehills reveals that the technology is a means to an end. Clients won’t pay for AI investments but they do want their legal providers to take a lead in offering progressive services and solutions to recast the value gleaned from their relationships.

The mainstream adoption of AI is Recast the relationship dynamic Reshape the talent pool thought to be only a few years away and, Clients believe that AI tools will lead to Businesses expect that their legal advisers for law firms, investing in such capabilities greater efficiency and challenge revenue should leverage new technologies yet still seems an obvious strategy. But how do models. Achieving greater efficiencies will deliver the brightest human talent. Whilst clients want their private practice firms enable a broader, more valuable service that it is expected that an experienced senior to respond to these new and potentially helps not only general counsel to implement lawyer will be ultimately responsible for legal disruptive technologies? legal and risk requirements, but has wider matters, clients are increasingly reluctant appeal in supporting all stakeholders such to pay for manual tasks when technological as the board and business unit leaders. solutions are available. More importantly, AI tools could enhance However, if law firms invest more in “…productivity engagement towards a more collaborative technology at the expense of human talent, relationship model between firm and client. may soon be where will the next generation of rainmakers Embrace new business models come from? As in-house legal teams become measured in more sophisticated, panel firms must also The productivity of law firms has traditionally broaden their expertise. Expectations are that terms of output been measured in billable hours. In the new the adoption of AI tools can fast track the It would be fair to say he wasn’t an overnight legal landscape, productivity may soon be development of junior lawyers by enabling success, though. “I can admit to you that my per hour, or value measured in terms of output per hour, or them to work more closely with partners on first three deals were almost disasters,” he “In global business you have to be contributed.” value contributed. Technology will be crucial the intellectual aspects of a matter. laughs. But fortunately the embarrassment up to speed on risks and political for underpinning this solution-provision was fleeting, as he learned some important model. Rather than technology replacing Visit www.hsf.com/ai to download lessons. “My father later told me that it was lawyers, it can make them more productive. the full version of Artificial Intelligence: probably the best thing that happened to me, changes, but also you have to be THE CLIENT PERSPECTIVE The Client Perspective HERBERT SMITH FREEHILLS because had it been a home run, I would have sensitive to cultural diversity.” thought it was so easy. “It humbles you transitioning from a What do we Artificial Intelligence professional adviser into an investor, because of change” as one of the greatest challenges are real,” he says. “Our airline was a disruptive (AI) as a lawyer you do your best to advise your the modern business leader can face. “When influence in the Japanese aviation market, mean by AI? client. But at the end of the day, the risk is I first started at Herbert Smith, when you sent but the interesting thing is that the number AI technology is the simulation with the client,” he says. “When you become a letter out, you didn’t expect a response for at one airline there partnered with us so it could of human intelligence processes by an investor, you’re taking your own risk as least three or four days. Today when you send disrupt itself!” well. You need to be a lot more discriminating an email you get a response in five minutes. computer systems. Such technology A global business that includes an airline also MACHINE LEARNING in what you do, who you meet and how to bet And also we are in a global village, you know can either replace human involvement implies plenty of travelling, something the in a limited way or supplement a deep learning, the house.” your competition is just one click away.” predictive analytics Hong Kong-based Victor is trying to reduce. human’s capacity to complete a Those early days gave Victor the solid The other important thing to consider is being The man known for circumnavigating the process more accurately. Machine NATURAL LANGUAGE grounding that has seen him thrive and gain culturally aware. “We are lucky in the English globe twice in one month says maintaining PROCESSING (NLP) learning and natural-language PLANNING, SCHEDULING valuable insight into how to lead a successful speaking world,” he says. “There’s a medium a healthy work-life balance is an ongoing information extraction, processing are already impacting AND OPTIMISATION business. When asked the secrets of effective of language. But culture is still different. challenge. His wife was an international translation, classification leadership, he has his answer down pat. There’s a diversity of culture there. So when banker and understands the pressures, but the legal sector and The Boston and clustering “There is no one size fits all, it depends on you’re in global business, one has to be up to the travel is still “really eating into my family Consulting Group predicts that SPEECH generations and circumstances, but I would speed on risks. Up to speed on the political time,” he says. “I’m not very popular at home technological solutions could speech to text, give three ‘I’s – the ability to inspire people change. But also, you have to be sensitive to right now.” perform up to 50% of the text to speech around you, the ability to innovate, because cultural diversity.” tasks currently carried out EXPERT SYSTEMS ROBOTICS if you just do what everybody else does, You also have to be sensitive to the zeitgeist by junior lawyers. you don’t differentiate, and the ability to and constantly look for opportunities. “You VISION instil integrity.” image recognition, don’t want to be sleepwalking in strategy,” machine vision With these firmly in place a leader should be he warns, adding that he invested in the new able to negotiate the pitfalls that come with airline because he saw a chance to disrupt the territory. Today, Victor points to “speed the industry. “Disruptive factors in the market

14 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 15

// 02 Leadership in Diversity

“My desire to do The second priority is economic security “In my experience, once these male leaders and empowerment for women. “Women are actually sit across the table and listen to this work is driven retiring with half the savings of men and are the personal experiences of female staff by a desire to make more than twice as likely to live in poverty members, they’re not defensive. They start a difference, and a than men,” says Kate. getting a real understanding of what the actual problems are.” recognition that this The third priority comes back to leadership. Australia still has the 1990s problem of there Kate has a three-step criteria for shifting the role at the Australian being an under representation of women in dial on gender diversity in law firms. Human Rights CEO positions or on boards. First, firms need to get more people engaged, Commission is uniquely “I have seen an increasing commitment on particularly partners and senior staff. They placed to work with behalf of law firms, including at Herbert then need to listen and learn. They can learn Smith Freehills, to improve the representation from their own staff and they can also learn others to really make of women in partnerships. But it is also from other sectors. Then comes the hard bit: a difference.” important to ensure that women promoted “they need to do something different to receive the support they need to thrive in take action”. these roles.” This awareness grew exponentially when she “Law firms have done quite forensic analysis joined Freehills (legacy) in 1993. She spent For inspiring leaders, she looks to people like of what the barriers are at all levels, and I think over two decades with the firm, during which former Chief Commissioner of the Victorian that’s incredibly important,” she adds. time her law practice was wide-ranging, Police, Ken Lay, who would seek the opinions “With that information we need action, and working in the private, public and not-for- of different people, listen and learn from them, not just from the HR team. Given we have so profit sectors. and then be clear and decisive in his actions. many educated women as lawyers, the fact “I arrived at Freehills at a time when equal “He made good decisions and he brought this is still such a challenge in law firms is just opportunity and human rights laws were just people along the journey with him. He was really alarming. At the same time, we know starting to impact corporate clients,” she said. never arrogant in thinking he knew the that industries like defence and the public answer, but then when he made a decision service are getting real traction for change.” An eventual move to the Victorian Equal he made sure everyone understood how, Opportunity and Human Rights Commission Does she ever feel disheartened by the why and what their role was.” in 2013 was always going to be a logical step. challenges of her role? Nearly three years later she headed to the Building bridges “There are a lot of people who really want to A CHAMPION national body. “My desire to do this work is change things now,” she said. “I know this is driven by a desire to make a difference, and Aware that change simply does not happen without significant backing from those not something I can fix on my own.” L to R: Kate Jenkins, Sophie Johnston a recognition that this role at the Australian currently in leadership positions, Kate (President of NUS Australia) Human Rights Commission is uniquely “There is real momentum to accelerate FOR CHANGE placed to work with others to really make established the Victorian Male Champions of change because there are so many people a difference.” Change Group in 2015, which has been one - in the community, in government and of her most effective initiatives. Members of in business – who are truly committed to Progress and priorities the group sit down with female staff members advancing gender equality. With more people and talk to them about their working lives and Kate Jenkins has made human rights and, specifically, equal Kate is quick to indicate the areas where engaged, change will happen when we listen, any barriers or challenges they face. opportunity for women, her life’s work. As the Sex Discrimination progress has been made in this space – learn and act.” the laws in place that prohibit discrimination, Commissioner at the Australian Human Rights Commission, she’s advances for women in education, and “There is real momentum now in one of the most influential positions in the country, but sexual and reproductive health reforms – to accelerate change but she stresses there is still a long way to her passion for equality and fairness began in childhood. It was go. Particularly in the workplace. because there are cemented during her time as lead partner with Herbert Smith “I don’t think that we’ve seen the progress so many people – in Freehills’ Equal Opportunity practice. that many of us expected. Well over half of the community, in all law graduates are women, but law firms government and in still struggle to get more than a 25 percent There’s a popular inspirational quote: “If of leadership, but actually be given the never have done without being given this representation of women in partnership,” business – who are truly she can see it, she can be it.” It refers to the opportunity to experience them. position,” she told Kate. Kate said. positive effect films like Hidden Figures can committed to advancing After joining the board of Carlton Football This clearly resonated with the woman who have in getting young women interested in Kate has identified three priority areas where gender equality. With Club, Kate spoke to the captain of their new received her first lessons in fairness and studying science, technology, engineering Australia has work to do: “Violence against women’s team, Lauren Arnell, about the equality from her mother, who made it very more people engaged, and maths (STEM) subjects. women continues to occur at unacceptable importance of her position as a role model for clear that Kate and her two brothers (one rates in our community. The Commission change will happen Kate Jenkins would take this one step further. other women. Arnell responded that simply older, one younger) would be treated equally. recently released a report on sexual assault being the captain of the team had developed when we listen, learn The current Sex Discrimination Right from the start, Kate was aware that and sexual harassment at Australian her leadership skills. and act…I know this is Commissioner at the Australian Human she was growing up in a world where universities, which found that these Rights Commission believes women “It has been the biggest opportunity for me to “gender roles directed women one way behaviours are also far too common not something I can fix should not only be shown the possibilities be able to do a whole lot of things that I could and men another”. on our campuses.” on my own.”

16 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 17 Leadership in Diversity

“We just celebrated the 10th anniversary of our IRIS Network.”

In June, US banking institution Morgan First mover explains that he gives a presentation to the THE RAINBOW Stanley announced the winner of its GDIG annually to outline the initiatives that He was involved from the very beginning, prestigious annual diversity award. “An he’s worked on throughout the year, what’s he says. “I was already very open in Herbert award is presented every year to one law gone well, what needs to be reviewed, and Smith in those days. I thought, ‘I’m going to firm that has made a significant contribution what other new opportunities there may champion this. I want to be part of the future CONNECTION be looking ahead. to building awareness and taking action on of diversity in this firm.’ So I got involved and diversity,” says Justin. “This year was the first helped set up our network. We were the first And on top of that, he says it comes down time Morgan Stanley extended its award to move in this space and we’re still at the to walking the talk every day or “consciously to Asia since it started in 2007 and so they forefront, even now. putting a diversity wash” over decisions Justin D’Agostino announced us as the inaugural winner of before they are made. He ensures his team the Asia Pacific Outside Counsel Diversity “I had seen many people come out after is the global head stop and ask, ‘Have we got this right from Award. They said we particularly stood out they’d been promoted; conversely I’d a diversity point of view? Have we got any to them as living and breathing diversity witnessed a lot of people not come out at of practice, dispute unconscious bias in the room?’ before throughout all levels of the firm.” all. They were out in their private lives, or resolution and regional they were out to me personally, but hadn’t moving forward. Justin is clearly delighted by the award, but come out in the workplace. I respected their But he doesn’t believe this means using managing partner, shares the story to underline his view of the journeys, absolutely. They had come through quotas. “If you have a quota and you promote firm’s attitude to diversity and its leadership at a very different time to me. I thought, ‘I’m someone under that system it always calls Asia. He’s also a in this area. He gives an example of a human lucky. I’m of a generation that doesn’t need into question the quality of the people resources adviser who has been with the passionate supporter to hide one’s sexuality.’ At the firm I was promoted and whether or not it’s justified,” firm for just one year. “This is the first place actually surrounded by people who were very he explains, adding that instead he is she’s worked where diversity and inclusion of Herbert Smith supportive. And it really grew from there.” “a big fan of targets”. Freehills’ diversity are in the DNA,” he says. And this isn’t new. Justin first worked for Herbert Smith (legacy) Rainbow allies “The one thing lawyers hate to do is to fail, so as a teenager before he’d even taken his law you set yourself a goal and you reach the goal. initiatives, particularly But how does this support actually manifest degree. “I knew it was the firm I wanted to What gets measured, gets done. That’s why itself? “On the one hand we’ve got incredibly work for,” he says, recounting the excitement targets work well for us,” he concludes. around LGBTI active diversity networks across the globe of being a junior paralegal in London during and across the firm,” says Justin. “Those (lesbian, gay, the 1980s. Nearly 30 years later, he’s based in are all different streams including gender, Hong Kong in a senior leadership role for the bisexual, transgender, multiculturalism, ability and the Iris Network. global firm. So the networks are vibrant. Most people in intersex) issues. “We just celebrated the 10th anniversary of the firm will be involved in a diversity network our LGBTI network at Herbert Smith Freehills, or a diversity stream in some shape or form.” called the IRIS Network. Ten years ago And this is key: “I often find the straight there was no major international law firm in allies are the most powerful advocates for London that had an LGBTI network. It wasn’t what we’re trying to do. The Allies Program talked about, wasn’t on the agenda and there has been something we’ve really focused was certainly no support for it. Look how far on. When you get one of the straight male this industry and the world has come.” partners coming into your room saying, ‘I’m coming to the Hong Kong Pink Dot event on Sunday with my daughter’, you still get ‘wow’ moments. You still get the goose bumps, “I often find the thinking, ‘That is really good of you.’ I walk straight allies are around the office here in Hong Kong and 50% percent of the staff have got a Rainbow Ally the most powerful sticker on the window.” Justin adds that in his leadership position, he advocates for is held accountable on the diversity objective. what we’re The firm’s global diversity and inclusion group (“GDIG”) is chaired by the CEO and acts as trying to do.” an advisory body to the Global Executive – he

18 ALUMNI MATTERS 2016 HERBERT SMITH FREEHILLS 19 “As general counsel, LEADING the legal buck stops FROM THE with you.” FRONT

Being a general counsel is, Michael Shaw believes, the ultimate position for a lawyer wishing to use their skills in a fast-changing and varied environment. He certainly has his work cut out as the group general counsel of the Royal Bank of Scotland. Humility and a willingness to learn are the keys to good leadership, he believes.

As a keen Japanophile, Michael Shaw at working with and learning from a number one time studied and practised karate. of very talented colleagues, including In awe of the sensei (the teacher), he the current senior partner, James Palmer. admiringly made the comment that with “I was then only a young lawyer and James his black belt he, the sensei, could be was just a couple of years older, but it was confident of his expertise. “Not at all,” clear that he was accomplished beyond his came the swift retort. “Being a black belt years,” Michael remembers. “It was very means you have enough knowledge to instructive and hugely enjoyable to work know how ignorant you are, by which I with him.” understood him to mean that you can As was typical at the time for corporate always carry on learning and improving.” lawyers, Michael worked on a variety of For Michael, this was a salutary lesson, deals across a broad range of industries and he has sought to adopt that attitude and matters. But with the increasing throughout his career. specialisation of practitioners over the After studying law at the University of decade, he came to focus on mergers Cambridge, Michael joined Clifford Chance and acquisitions and equity offerings. as a trainee, which included a life-changing Every young transactional lawyer looks period of six months in Tokyo. There, he forward to the first major deal they get met his future wife and also expanded his to lead. In Michael’s case, this was a deal knowledge of Japanese culture (including involving upstream exploration company his interest in martial arts). Energy Africa, which was being demerged After spending a couple of years in their or “spun off” from its South African parent, corporate team, he moved to Herbert Engen, and listed on two stock exchanges. Smith (legacy) in the early 1990s, at the Not only was the deal very international height of a recession. He found himself and long-lasting (12 months from start to

20 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 21 smooth handover of his role and then “An important took a well-earned break with his family part of leadership in Japan. Come spring 2016, Michael learned that is being able the general counsel position with the Royal Bank of Scotland (RBS) would become to inspire.” vacant. When he discovered that RBS was handling the process of recruitment internally, not through headhunters, he made contact and was greeted with the encouraging response that the bank was on the verge of inviting him to apply. For Michael, this was a dream job. This might seem counterintuitive given the dramas which RBS have been through since the financial crisis, in the wake of its decision to acquire ABN Amro and then following the UK government bailout (RBS is still 71 per cent state owned). But that was exactly the challenge that Michael was looking for. Sign of strength As with Barclays, Michael enjoyed dealing with fresh issues as they arose and using his knowledge and experience to find the best way to resolve them. “As general counsel, the legal buck stops with you, but finish), he was also working immediately state-owned company. An extra layer of and investigations and became much the issues the bank is facing include some under the then head of corporate and later complexity was added with the need to more familiar with the world of of the most interesting legal challenges senior partner, Richard Bond. find some way of financing part of the banking regulation. around anywhere. enormous takeover despite the scarcity of Just as the deal finished, Michael was Was he not alarmed about having to “This bank has been through very difficult finance at the height of the post-Lehmans asked by Richard if he would be interested advise on areas of law with which he times. It has delivered losses for nine banking crisis. The team created a novel to do a secondment at the Takeover Panel. was not familiar? “Almost daily at the straight years, but here is the good news: instrument which proved to be the key to So it was then, in 1996, Michael became beginning,” Michael responds, “but I we declared a profit for the first quarter of winning the support of Invesco, a lynchpin one of the three secretaries to the Panel, thrived on that challenge and responsibility this year, and we are a long way into the British Energy shareholder, and with it, an experience that was much to his liking. and enjoyed dealing with the Board and process of clearing legacy issues. While unlocking the takeover itself. This was the second half of the 1990s, senior executives in an organisation of that we are not at the finishing line, the line is when there was a lot of takeover activity. “I thought I would never be able to top that size and complexity. The range of work was definitely in sight!” What Michael liked most of all was the EdF deal, and that triggered thoughts about very stimulating for an adrenaline junkie, as Before he heads off, Michael reflects on chance to work alongside other types of what I should do next. Though I loved being I am! More than that, I learnt about myself what he sees as being good leadership. professionals in much more depth than at Herbert Smith, I felt drawn to seeking an and came to a lot of realisations which, “An important part of leadership is being any individual transaction allowed. “The in-house role,” Michael explains of his on reflection, prepared me well for my able to inspire. That means leading from key thing was that I got to mingle with, next move. current role.” the front, but also, crucially, motivating and learn from, people from different By happy chance, the deputy group general Practising new areas of law was not the people. That has become an increasing disciplines and we had vigorous debates counsel role had recently become available only adjustment Michael had to make. focus for me as the years have gone by from different perspectives which I found at Barclays following a move within the He also had to get used to a change of and especially since moving in-house. It is hugely stimulating.” organisation by Michael’s immediate working environment, as he explains: one of the most rewarding but challenging aspects of the role.” On the ascent predecessor at the Takeover Panel. The “There were some difficult times: when then general counsel was also known to you go from a close-knit partnership which Michael continues: “Another core role of a “The range of work After the two-year secondment, Michael Michael from his days at Clifford Chance. had been home for so long to a corporate leader is to provide opportunity for those returned to the firm, this time as a partner. However, Michael was unsure whether his organisation, where hierarchy is much under him or her to develop and progress. at Barclays was very He continued to develop his practice over experience as a corporate lawyer was what more ingrained. You lose the sounding People will respect you if they know you are stimulating for an the next 11 years, eventually leading one of Barclays were looking for. He anticipated board and the familiarity of a partnership.” looking after their best interests and want the corporate groups. they may want someone with greater After six years (which passed “in the them to do well. That may seem obvious, adrenaline junkie, A second pivotal deal then came his way in knowledge of the banking sector. blink of an eye”), Michael was faced with but, in my experience, is often overlooked.” 2008 when Michael led on the corporate Nonetheless, Michael joined Barclays in another career choice: should he stay on as I am!” finance dimensions of EDF’s takeover of Finally, Michael returns to the lesson of September 2009 following a lengthy series at Barclays despite the top job having British Energy, the owner of the country’s his karate teacher – to recognise that you of testing interviews. Thereafter, not only changed hands only two years earlier existing nuclear power stations. In addition, don’t have all the answers. “Leadership did Michael put his corporate expertise to and see what opportunities opened up or the transaction involved establishing a also means having the judgment to ask for work, he was involved in a wide variety of put all of his energy and time into finding joint venture to build a new generation advice from those around, and to realise areas, including, as might be imagined, the right next role? At the end of 2015 of power stations, initially with Centrica that is not a sign of weakness, it is a sign a considerable amount of litigation he decided to leave Barclays, arranged a and then, ultimately, with a Chinese of strength.”

22 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 23 Leadership and Development

“Leadership emerges when the LEADING circumstances and people’s values and BY EXAMPLE energy collide and they decide that Herbert Smith Freehills understands that an important element of there’s something providing exceptional client value is to develop a culture of leadership important to be within our firm. We also help our clients to build leadership capability and lead change within their own organisations. We caught up with done. This is less Anthony Kearns to find out about his perspective on leadership to do with role or and the key challenges the firm has helped our clients overcome. seniority than it is to do with energy.” As a professional services firm we want to themselves quite explicitly and the imperative something important to be done. This is continue to provide exceptional legal advice for change is most apparent. less to do with role or seniority than it is to to our clients and work closely with them do with energy.” Anthony’s role therefore is to “In-house lawyers have often come from to help improve their own performance and surround these collisions with opportunities large law firm environments and when they leadership capabilities within their respective to reflect and build capability. move in-house they are quickly exposed organisations. The firm has a number of to significant commercial complexities. When meeting with in-house teams, he first people in business services with remarkable They enter as part of the business services aims to create a space around important expertise in developing business and function and encounter different cultural and work, one where he aims to create sufficient leadership capabilities. leadership expectations. They’re now not safety for aspiring leaders to question Anthony Kearns sees himself as only measured on the quality of their advice, their own assumptions and beliefs. Most “a humanist and a pragmatic optimist” but also on their ability to deliver results and important for lawyer leaders is supporting who believes we are not even close to influence change at an organisational level.” the development of sufficient cognitive realising the full potential of human systems. and emotional agility by observing and It is this challenge that Anthony feels He spent six years of his working life as a reflecting on the relationship between their compelled to help in-house lawyers to face. lawyer but it is his diverse background as own thoughts, emotions and behaviour. “A an athlete and coach, research scientist, “Society is more dependent than ever on the paradox of leadership can often be when the educator and executive that has led him to leadership of lawyers within organisations. things leaders want to achieve tend to be his enduring interest in human performance Not only do we need them to be able to really important, but this attachment and the and leadership. advise their respective organisations of the associated emotions can drive unproductive need for change, but they need to be ready to behaviours,” he says. He spends his days working with the firm’s lead it.” One thing Anthony is emphatic about leaders and in-house legal teams of our In the end, Anthony’s philosophy of is, “this type of leadership cannot be taught in strategic clients enhancing their performance leadership comes down to a series of the traditional sense. What we can do is help and developing leadership capabilities. questions: Can you let go of certainty and them to be more effective in leading change He says that the commercial world is in the embrace complexity? Can you observe within their organisations once they have grips of an accelerating revolution driven yourself in action? Can you hold your decided they want to make a difference.” by technology, declining productivity and assumptions and beliefs more lightly and minimal opportunities for growth. adapt your thinking? Can you assimilate Leadership different inputs into your working models? In order to manage increasingly complex This begs the question: how is it learned? Can you accept a diversity of values and challenges and remain relevant, Anthony And what are currently considered the ways of being in other people so that believes it’s important for lawyers to loosen tenets of good leadership? Anthony believes together you can achieve great things? their attachment to precedent, accept risk the first thing modern leaders need is the Are you a pragmatic optimist? and failure as part of adaption and embrace capacity to acknowledge and work with a diversity of inputs. Only then can we truly complexity. Adaptability and cognitive “If you are able to answer ‘yes’ to all foster creative thinking and the innovation agility are key. The age of the individualistic, these questions, the rest is a matter of required to succeed tomorrow. This is going charismatic and even the transformative deliberate practice.” to require a significant shift in mindset and leader is dead and we now need leaders Anthony Kearns, Managing Consultant, exceptional leadership. who are facilitators of continuous change Performance and Leadership One of Anthony’s prime areas of interest is in genuinely complex systems where the in working with general counsel, as they are path is unclear and the risks are high. at the intersection of the legal profession “Leadership emerges when the and the institutions it serves. “I think that’s circumstances and people’s values and where a lot of these tensions really manifest energy collide and they decide that there’s

24 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 25 Leadership and Development BEING IN CHARGE As Managing Director of Florissant Consulting, Kate Muir supports businesses to manage change and helps individuals develop effective leadership strategies. She says there are many pathways to successful leadership, but the ability to listen is essential.

Kate has always been interested in what Kate explains that in her leadership or stress. “We are particularly susceptible to makes leaders effective. And perhaps for a workshops, people regularly describe the misunderstanding when we feel threatened simple reason. “I like being in charge,” she managers and leaders they admire as or things aren’t going well. Really listening jokes. Kate was “an accidental lawyer” to “someone I can trust, who is good at what to understand builds trust, and when trust is begin with. An interest in humanities and the they do, but who also cares about me as a high, everything becomes quicker and easier experience of a summer clerkship saw Kate person”. So leadership is about prioritising – whether with our clients or colleagues.” join the firm in Sydney as a graduate lawyer both business objectives and the human side This is all easy enough to say, of course, but in the early 1990s, “but despite some great of the equation. “I fundamentally believe that between billable hours, heavy commercial mentors and projects, the truth was that a approaching leadership with generosity responsibilities and high-pressure situations, lot of the day-to-day work as a lawyer didn’t and humanity is integral to achieving managing relationships is challenging. But inspire me enough. Being a junior lawyer was commercial objectives.” there’s no excuse not to try, says Kate. an introverted pursuit and what I loved was “Good leadership is not complex to “My key advice to all leaders and managers managing projects and collaborating understand, but it’s hard to do.” She is to focus on your relationships as much with people.” explains that we are creatures of habit in as your tasks. When we lead others, a huge Accordingly, she left the firm and our behaviour, communication and thinking. part of what we do is deal with their work transitioned to human resources, later “If we’ve been trained to be the expert, we experiences and their life experiences. We returning to Herbert Smith Freehills in an might be in the habit of thinking we are have to respond to their needs, not just drive HR management role, then joining Baker always right.” Sometimes our old habits of our own agenda. That’s part of the job. McKenzie as HR Director. In late 2015, communication and behaviour cease to As organisations, we have to allow leaders she took the plunge and started her own serve us as we take on more senior roles. the space and time to do that.” company, Florissant Consulting, specialising ALTERNATIVE LEGAL SERVICES in strategic people consulting, workplace Building trust Herbert Smith Freehills has successfully disrupted a rapidly evolving legal services conflict resolution and executive coaching. So what do we do when our tried and tested market by developing a cost-competitive offering for high-volume, document- methods of communication and navigating Top five tips for In Kate’s experience, commercially successful successful leadership: intensive work. We call this offering Alternative Legal Services (ALT). teams are generally those whose leaders the world begin to fail us? If we see that bring out the best in others. She also knows someone on our team is floundering and Build trusting relationships through ALT now has offices in Belfast, Brisbane, Johannesburg, London, Melbourne, the costs of poor management and conflict, either making unwise decisions or looking to genuine listening Perth, Shanghai and Sydney. Our global team works in a complementary and including reduced productivity and wellbeing. us for advice, how do we best guide them? seamless way, offering a combination of legal expertise, process efficiency and Know and work to your strengths – technology solutions to clients. Our team of 350 lawyers, technologists and legal “Of course, leadership requires vision, drive “A critical quality is willingness to hear and and those of your team members analysts delivers a round-the-clock service supporting the full range of Herbert and skills, but you achieve most of your understand other people’s perspectives in Smith Freehills’ practice groups. outcomes through the work of others.” order to make informed judgements about Be optimistic – it leads to better what you do.” Leadership is about clear team outcomes Multiple disruptors are affecting the legal Visit www.hsf.com/alt to find out more about our market-leading service. industry, including the rise of artificial direction balanced by empowering others Value and embrace diverse perspectives, intelligence, but “at its core, client through open questions, optimism even it is feels uncomfortable relationships are built, problems are and listening. solved and most of the work is carried Give feedback frequently, and learn Kate explains that listening is particularly how to give it well HERBERTSMITHFREEHILLS.COM out by people”. important in situations of change, conflict

26 ALUMNI MATTERS 2017 LAWYER including several countries in Europe, Florida enable someone to use their thoughts to and the west coast in the United States, and direct a wheelchair’s movements. The scope TO India, Singapore and Indonesia in Asia. As a for potential applications was huge. wheelchair user, he discovered many highs Additionally, Tan wanted to explore how (such as finding a company that catered technology could help address – and for disabled scuba divers in Bali and going therefore counteract – neurological disorders, on safari in South Africa) and lows (coming which are becoming more common as we across many facilities which lacked any FOUNDER all live longer. “Our goal was to invest in our provision for disabled people). cognitive health, and in technology to help Most lawyers engage with business in one Out of that memorable trip came the germ achieve that, to accelerate brain research way or another every day. Clients expect of an idea. Srin started writing a travel blog, on a global scale, and to help improve our finding that he had a ready audience, those brains so that people can lead better lives as them to understand their businesses in order who also wanted to travel and needed to they get older,” Tan explains. The company to deliver the best legal advice. For some, know which places were best equipped founded by Tan in 2011 is called EMOTIV Inc. to cater for those with disabilities. Srin also recognised that he would have to they become interested enough to start up For Tan, it was less a lightbulb moment that break away from his career in law. As he puts their own businesses. Alumni Matters spoke caused her to move from law to business, it, “I realised that the life of a solicitor was not more a gradual realisation that she was suited to my personality. I enjoy taking risks, to two alumni who have done just that. being swept up in the world of technology. which may not necessarily work in That also prompted thoughts that she large structures such as law firms.” wanted to set her sights outside of Freehills. Tan Le, who trained with Freehills (legacy), others might view as a disability. “I am After he left Herbert Smith in 2012, Srin “I was enthralled by digital technology,” she and Srin Madipalli, who trained at Herbert conscious about how people perceive me,” “I was enthralled studied for an MBA at the Saïd Business explains. “I wanted to be part of creating Smith (legacy), have each embarked on Srin explains. “My approach has always been School, University of Oxford, after which that future.” extraordinary businesses that are truly to blow those perceptions out of the window by digital he held a variety of positions – some having a major impact on people’s lives. through sheer force of ability. Whatever I do, technology... Tan left Freehills in 2000. After a brief foray voluntary and some paid – including working The motivation for starting up their own I make sure I excel.” into a dotcom start-up venture, she then got for the University in the technology transfer companies stems in large part from their a lucky break with the application of texting office. As he continued to write his blog, he After focusing on scientific subjects I wanted to be own personal circumstances. technology. SMS was an underused, but also learnt coding (“lawyers would make as a student, particularly genetics and potentially powerful form of communication fantastic software developers, because Tan’s story is astonishing in itself. Forced to biochemistry, Srin decided that academia and part of creating and a more efficient way of involving huge there is a lot of overlap in terms of logic and flee Vietnam by boat as a four-year-old with industrial research were not for him. The lure that future.” numbers of people, she reckoned. structuring”, he says) and started developing her mother and grandmother in 1981, she of the City of London had much more appeal, websites on commission. It was therefore not reached Australia after narrowly avoiding and law also attracted him “because it is She soon found a perfect opportunity to a great leap to develop his own website for a either capture or death by storms and pirates. fundamentally intellectual”. put the principle to test. This was a popular new business. The family adjusted to life in Australia, and TV show on Australia’s Channel 9, called Srin applied to several law firms, and, as with Tan herself became a prized student (literally The Footy Show. The episode was “Player His chosen business and website is called Tan, he chose one (Herbert Smith, as it was – she was awarded the prestigious Young of the Year”, where people would use a Accomable. The idea was to have in one known then) that was as much interested Australian of the Year Award in 1998). freephone number to vote for their choice. online site lists of accessible properties for in him as an individual as his university By introducing the SMS option, the numbers those with mobility difficulties anywhere After studying law and commerce at grades. He also appreciated the fact that no of people voting multiplied by thousands. in the world. The mission was simple and university, Tan had her pick of law firms allowances were made at all for his disability. thoroughly commendable – “to enable with whom to do her training, but opted for He had to get in purely on merit. “My aim Tan’s focus then shifted to what she has anyone to go anywhere”. Freehills “because they, and particularly Paul in life is to be treated like everybody else. called the “last frontier of technological Montgomery, the managing partner at the I don’t want to be the beneficiary of positive advance”. This was “human augmentation”, The secret, Srin believed, was to test the time, were the only law firm that showed discrimination. Herbert Smith got that.” the object being to develop technology that properties himself. “My only costs were an interest in my personal growth and transfers instructions from the brain to digital food and water because most of the property development”. She went on to qualify Opportunity knocks media. For example, the technology might owners let me stay there for free, but I had in 2000. Srin joined in 2008 and qualified into the Srin also started life at a significant real estate practice in 2010. He worked on a disadvantage, being born with spinal succession of major deals and was content muscular atrophy, which means he is with his lot. However, he was developing confined to a wheelchair. Not that he sees interests outside the firm, triggered by this is a disadvantage – indeed, he has gone an extended trip that he had taken after through life determined to overcome what qualifying. He visited a range of places,

28 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 29 WELCOME BACK SHANGHAI EXPRESS RISING SUN After working for several other Monica Sun has boomeranged firms, Raphael Coeurquetin says full circle with the firm throughout he was drawn back to Herbert her career; from Beijing to Smith Freehills by its unique Hong Kong, to the UK and US culture. and back to Beijing.

Raphael was always intrigued Specialising in energy, power and about practicing law from mining, Monica has been a partner different perspectives and in the Beijing office since 2010. cultures. “I’d always wanted But her first stint with the to study abroad and see how firm began in 2003 during a different legal systems work. scholarship programme whilst My studies at University College completing her master’s degree. London and the University of Attracted by its international Edinburgh were the best years scope, the programme involved of my student life,” he says. studying in the UK to obtain common law training, before Qualifying in 2007, his first job spending two years in the was as an associate with the Hong Kong office. She returned to Herbert Smith Freehills litigation Beijing in 2004 as an associate. team in Paris. This gave him an excellent grounding because of the “hugely interesting cases” and The Beijing office was comparably small at the time. “We were one the calibre of his colleagues. After two years, he followed his mentor team doing inbound investment, foreign direct investment work, a little Emmanuelle Bouretz – “a brilliant lawyer who taught me so much” – bit of outbound work, mostly energy related. This is also part of the when she left to become a partner at Vivien and Associés. Raphael reason I re-joined the firm in 2010 – I wanted to focus on energy,” saw an opportunity to test himself in a medium-size domestic firm. says Monica. Following a stint as in-house legal counsel for HSBC working on Before she could specialise, the scholarship programme kicked in their monitorship, he was soon overseas again: “My partner had the again, this time sending her to the US. “The firm thought studying in opportunity to work in Shanghai. I knew it would be difficult to find a the UK for one year was insufficient.” The differences between the job there as I’m a French qualified lawyer and didn’t speak Mandarin, US and UK systems meant that even with a UK master’s degree, she but we took the plunge.” wouldn’t have been able to take the bar exam. “So most of us went to the US to study for another year and then qualified in New York.” While he greatly valued his experience working as legal counsel in to go out and not be afraid of reactions. needed to learn everything from hiring For Monica, she wanted international experience so decided to stay a Chinese law firm, after 14 months he returned to Herbert Smith I would do a lot of cold calling and knocking people, setting up systems and processes, in New York and work for Cleary Gottlieb as Herbert Smith Freehills Freehills in Paris. “I wanted to feel the excitement and energy of being on people’s doors. That worked because I from research and innovation to sales “I always had the had not yet opened an office there. a litigation lawyer again,” says Raphael. knew that if the properties were up to scratch and marketing. After a year she was ready to return to Beijing. “At the time, for me and the service was good, they would mindset that if you Working in China had broadened his horizons in the area of business One big difference between the two Anna Howell, Head of Energy China, asked if I would join the energy work for everyone in my position. I am my development and he welcomed the opportunity to hone these skills businesses is R&D. While Srin effectively try something and team at Herbert Smith Freehills to help her establish a basis in Beijing. own toughest customer.” on familiar turf. did his own research and development, it doesn’t work This fit with my interest to be a specialist rather than a general The path to growth Tan leveraged literally thousands of people But what is it about the firm that called him back? “They are practice lawyer.” to help with pioneering research. Her always very enthusiastic in the way they work. What attracts me out, you are just Today, Monica has no regrets: “I think it’s worked out perfectly. The new venture, which Srin started with a technology now supports over 70,000 also is their connection between offices and teams. Since joining, When I re-joined, it wasn’t really for a promotion. But looking back friend, got an initial burst of funding after they developers and researchers in 120 countries. I have had the chance to travel in Egypt, the Democratic Republic closer to whatever after seven years, I’d say my decision to return was a very good one.” won a competition run by the University of of Congo and Algeria.” Oxford for the most imaginative idea for a So what motivated Srin and Tan to start their the right thing is.” website. The £20,000 got them started, but businesses, and what drives them onwards? Raphael is delighted to be in the Paris office again. “When I came back The answer is not money, although neither here, I felt like I was coming home. The very pleasant, supportive and it became apparent that they would need to remark that, in some ways, you need to fail in would complain if their businesses do make inclusive work environment here is important to me.” raise larger sums. In 2016, the business raised order to succeed. Tan convinced herself that a further £300,000. profit. Rather, both have the burning wish to improve people’s lives. In Tan’s case, it’s to she would learn as she went along: “When I That enabled Srin to hire staff and help people with failing brain facilities be able started out in business, I didn’t care if it went develop the nuts and bolts of the operation. to replicate the actions of a functioning brain, wrong. I knew that I would find something “When I came back to “Part of the reason “I went from just having a laptop in the and in Srin’s case, to open up the world to that worked. The only thing I was unsure back of a van to running a fully operating everyone, whatever their capacity or mobility. about was how long it would take.” Srin Herbert Smith Freehills, I re-joined the firm business infrastructure.” echoes this sentiment: “I always had As they embark on journeys towards success, the mindset that if you try something and I felt like I was going was to focus on energy.” Tan also found herself having to build a both acknowledge that there will be failures it doesn’t work out, you are just closer company from nothing. As with Srin, she on the way. Interestingly, each separately to whatever the right thing is.” back home.”

30 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 31 when they were less topical and seen as underpins how you draft documents and “I was interested minor niches,” he explains. “But the firm had support clients throughout your career. in areas like a fantastic TMT group, and I learnt a huge It also gives you the fearlessness to take amount from partners Chris Rees and Nick on the most challenging work.” data privacy Elverston. At the time, the buzz was around ‘convergence’, the coming together of the Best of both worlds and smartphone telecoms, media and technology sectors, and David remains in touch with the firm, both I wanted to be in the thick of it.” One of the on a personal and on a professional level transactions earliest jobs David did as a newly qualified (he has instructed Tara Grossman, who was when they were solicitor was to draft one of the first examples in the same trainee intake as him, on some of EU-endorsed global data governance employment issues). documents known as ‘binding corporate less topical and rules’ (BCRs) for one of the firm’s clients, As he looks back on his career to date, David Atmel Corporation. believes that his alternation between working seen as minor in-house and private practice has given him niches.” A Snapchat user himself (both for connecting the best of both worlds. In private practice, with his friends at home and colleagues in he has gained the technical expertise and Snap Inc’s sun-drenched headquarters on Europe. Navigating the fast-changing transaction management skills, while his Venice Beach, Los Angeles), David considers regulatory environment is another key area of periods in-house have given him a deeper his current position to be his dream role in focus. Consumer protection and data privacy understanding of the businesses he advises. many ways. He puts the French and German issues are top priorities, especially with the he studied at the University of Cambridge to Oscillating between private practice and EU’s General Data Protection Regulation good use on a “daily basis”, whilst a vibrant in-house also, of course, puts him in an ideal coming into force in 2018. His team also and ambitiously innovative environment position to know what he wants from his handles some of the company’s real estate at Snap Inc. – fuelled by company values external counsel. “The only advice worth transactions (Snap moved into new UK encouraging staff to be “kind, smart and giving is advice that enables the in-house offices in London’s Soho last year and has creative” – means he is never in danger of a lawyer to make a proper risk assessment. opened several new spaces across Europe dull day. “We have processes and contract I don’t expect my external counsel to make and the Middle East) and advises on the templates to some extent, but it’s the kind of risk calls for us, but to offer any value, advice A CHAT local legal aspects of product launches. One business where you’re constantly moving into must provide enough relevant insight to allow of the company’s recent products are video new territory, both from a product and legal an informed business decision to be made.” sunglasses that incorporate a tiny camera perspective, and that often means going back WITH and a microphone, simply called Spectacles. David is used to high-profile roles. Before he moved to Snap, he was the general counsel for Comic Relief, the hugely successful charity SNAP’S that runs Red Nose Day in the UK. There, David led the legal team responsible for advising on everything from fundraising and consumer-facing issues (such as marketing LAWYER law and data protection) to business-to- business matters (such as production contracts with the BBC), as well as regulatory compliance and employment. David was also closely involved in the organisation’s A love of language, fascination with After a number of interesting moves between governance, as company secretary and private practice and in-house roles, David advisor to the trustees. technology and a near-obsession with now occupies the much-coveted position learning and development – not to mention of associate general counsel and director of Tech aficionado legal for EMEA at Snap Inc.’s London office. Prior to that, David was a director in a prodigious work ethic – have motivated Headhunted at the end of 2016 as the first Fieldfisher’s technology, outsourcing and David Lewis through a career that now sees non-U.S. legal counsel, David has a key role privacy team. That firm’s tech and media in one of the fastest growing tech companies focus helped him build his expertise and him head the EMEA legal team at Snap Inc., that has risen in just five years from being a reputation advising at the forefront of those to first principles. I relish operating outside the company behind the widely popular twinkle in its founders’ eyes to a multi-billion sectors. David had previously spent several my comfort zone and it’s a key attribute dollar company that went through its IPO in years at BBC Worldwide, starting in the we look for when recruiting lawyers – it’s camera app, Snapchat. “I relish operating March – and it is continuing to grow fast. global TV channel business before moving good for your legal skills and for the brain’s neuroplasticity!” outside my comfort zone,” he says. David, now supported by a team of to a team that concentrated on digital media lawyers, plays a broad regional counsel role, and technology. He remains eternally grateful for his time principally advising on the legal dimension All of which takes things back to David’s time with Herbert Smith. “What has really stuck of Snap’s advertising and e-commerce at Herbert Smith (legacy). David joined as a with me is the expectation of excellence businesses in Europe, the Middle East and trainee in 2005 and then qualified into the that is fostered within the firm. It’s there in Africa. He also augments Snap’s global legal Technology, Media and Telecommunications the formal training and mentoring but also team’s support for local activity ranging from (TMT) practice. “I was interested in areas like embedded in the culture. That gives you the PR and policy to setting up new offices in data privacy and smartphone transactions best foundation any lawyer can have, and

32 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 33 FIRM HIGHLIGHTS Firm news Thought leadership Our vision is to be a world class professional services business bringing together the best people to achieve the Morgan Stanley Award wins Diversity Awards best results for clients. Key achievements over the past year Inaugural winner of the have contributed to global recognition for our cutting-edge Asia Pacific Outside Counsel expertise across a wide range of sectors and markets. Diversity Award

Law Firm Strong Currents: Navigating the Australia’s Best of the Year Australasian Law Awards Post-Brexit Energy Infrastructure Project Market Infrastructure Partnerships Our report, in collaboration Top Law Firm in Australia’s National Trade Post-Brexit: with The Boston Consulting Infrastructure Awards Global Pound Client Service Charting a New Group and Global Counsel, Conference series Nisus Consulting 2017 Market analyses the range of Brexit Course The series concludes having Report: “Brand Promises and impacts on the energy sector. In collaboration with The spanned 28 worldwide Service Realities” Boston Consulting Group and Partner conferences. The firm is proud to Global Counsel, our report Inside Arbitration promotions be at the forefront of identifying helps business leaders prepare The third issue of our Twenty-one lawyers are trends and cultural preferences for the sharp shift in the UK’s flagship global arbitration promoted to the global in shaping the future of relationship with the EU. publication launches. partnership. commercial dispute resolution.

2016 OCT NOV JAN FEB MAR APR MAY JUN JUL SEP 2017

CEO appointment Malaysia office Community Mark Rigotti appointed The firm announces plan Engagement Awards as the firm’s sole to open an office in Kuala in India Chief Executive Officer. Lumpur. Led by disputes Top Employer The firm launches initiative to Most Innovative partner Peter Godwin, the ALT opens in for Women showcase the impact of social Law Firm Johannesburg office opens for business projects being spearheaded by The firm is named in FT Asia-Pacific Innovative in May. law students across India. The firm’s Alternative Legal The Times Top 50 Lawyers Awards Services team opens its 8th Employers for Women centre, the first of its kind in Financial Times for the third year in a row. South Africa. Innovative Lawyer Awards Adam Johnson awarded Crisis Prevention The firm wins in the Queen’s Counsel Asia Pacific Firm Inside Construction categories of Innovation and Infra and Management in Legal Expertise and Commercial litigator is recognised of the Year The first issue is published, The firm is recognised at the Innovation in Social for excellence in written and oral Chambers Asia-Pacific offering fresh perspectives EVCOM Screen Awards at Responsibility. advocacy in the higher courts. Awards on global construction and BAFTA for our film Magnum Opus, infrastructure disputes. which simulates a crisis to help organisations create and tailor response strategies.

34 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 35 A VIEW FROM… QATAR A passion for sport and stadiums with a tendency to relish a challenge have been the driving forces in Payvand Vahdat’s career. This, together with his time at Herbert Smith Freehills and then Freshfields working as a lawyer, led him to his current position, associate general counsel with the Supreme Committee for Delivery & Legacy (Qatar 2022), based in Doha.

What drew you to working in the Was it an easy decision to make? Middle East and with Qatar 2022? From a timing perspective and where I was Qatar 2022 was a client of Freshfields in 2011. at with my career, it worked well. I initially They won the 2022 FIFA World Cup bid in started out on a secondment, so it gave December 2010. The first thing they had to me the opportunity to get a feel for an in- do was establish a committee to effectively house environment. Midway through the deliver the World Cup. A lot of people would secondment I was confident that it was the generally take a deep breath and revel in the right move. I took a short break for a couple moment. I think they did that for a month of months before hitting the ground running or two, but by April 2011 things progressed here with my family in September 2012. and they established the SC (Supreme Committee). Then in June, Freshfields was Did you find it a big culture shock asked to come to Qatar and advise the SC moving to the Middle East? on a significant procurement for a delivery Yes and no. When we moved to the region, partner. Once that was completed in February we’d only previously been to Dubai and, at the 2012, I was asked whether I would be time, my wife and I were like those big-eyed interested in staying, and the rest, tourists. We have since found that the Middle as they say, is history. East is an amazing place to live, particularly

36 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 37 10 QUESTIONS WITH… SYLVIA SCHENK Sylvia Schenk is a disputes lawyer in our Frankfurt office. She was recently appointed a member of FIFA’s Human Rights “At the time, we had approximately Advisory Board and, prior to becoming a lawyer, competed 3,000 workers on our sites. Now we at the 1972 Olympic Games running the 800m. have in excess of 15,000 workers and that number will rise to close to 1. How did you end up at I felt that this kind of discrimination 5. Can you tell us about one of your Herbert Smith Freehills? needed a political answer so I started a proudest achievements? 40,000 at the peak of construction.” My career path has been quite different to campaign and, ever since, have dedicated I stepped down as president of the German that of a traditional lawyer. After qualifying, all my effort and free time to politics – Cycling Federation in 2004 after the I worked briefly as a lawyer but soon in order to advance women in sport and board would not support my decision became a judge. I was then elected a city society. There are still challenges nowadays to investigate an alleged doping case. counsellor for Frankfurt, responsible for but I am happy to see that things have Although my presidency came to an sport, legal affairs, women and housing. developed and Herbert Smith Freehills as end, I’m proud that I refused to sweep it I returned to private practice in 2004 and a law firm is supporting gender equality. under the carpet. It saved my long-term joined Herbert Smith Freehills last year reputation and, more importantly, my where I advise on compliance, sports law 4. What’s the most unusual request self-respect. and human rights. you’ve ever had in your career? As the first woman ever elected to the 6. What’ s the best career advice you’ve 2. Why did you study law? executive committee of the International ever received? Back in 1970, there weren’t many Cycling Union, I dared to challenge the Knowing that there is an end to whatever opportunities for a girl growing up in the then president for a lack of transparency. you do makes you wise and humble. north of Germany. When I left school, He subsequently wrote to me and said, for people with young families. The scale There were a lot of challenging moments we contracting with? What’s the scope I didn’t ever want to return so teaching “This is a man’s world, Sylvia. You better 7. What’s something funny that people of the projects taking place and the rate at initially and, just when you think you’ve got of their works or services? Do they have wasn’t an option. I valued independence adapt to that.” I responded to his request don’t know about you? which everything is developing still amazes a grip on it, you realise you’re on a continual a workforce? Are they going to employ by joining Transparency International to and law offered a wide range of I love to play with LEGO! us. Culturally though, being of Middle Eastern learning curve. migrant labour? Taking all of this into possibilities. I could easily combine it with fight against corruption in sport. heritage, there’s a sense of understanding. account, we then ensure that appropriate my ambition of running the 800 metres. 8. What can’t you live without? I think the two cultures (Arabic and Persian) What do you love about your job? workers’ welfare provisions are included Competing at the 1972 Olympics in Munich Running, cycling and writing. in some ways are quite similar. We have an I have an interest in and passion for sports. in the relevant contract. I will continue to was the highlight of my sporting career. appreciation for the culture, so this has made I’m a stadium junkie. Before I came here, provide assistance along the way. There is 9. What are the two things everyone it easy for us to assimilate. any opportunity I could get to travel, I would still work to be undertaken in this regard, 3. Did you face any challenges as a young should do when visiting Frankfurt? research stadiums and go and see them. but I believe we are on the right path. woman entering the legal profession? What has been the most different or C ycle through the city and relax by I pinch myself sometimes; I’m a lawyer When I applied for a job at a Frankfurt challenging part of practising in Doha? Your original five-year plan for being in the Main River. passionate about sport and stadiums and law firm after qualifying, the senior Law firms in the Middle East, particularly at suddenly there’s a role available for me Qatar is nearly up. Are you intending to stay on? partner told me they were only looking that time, were quite small. Comparing that to lead the legal team of an infrastructure for male colleagues. Despite getting 10. If you could travel anywhere in the to when I joined Herbert Smith Freehills, division responsible for delivering stadiums It’s hard for me to imagine not being here in good exam results and being a world, where would it be and why? where we had more people to bounce ideas for a FIFA World Cup. I believe I was just 2022 and having to watch it from afar. My well-known athlete with strong Anywhere by the sea. I love water, off, the challenge I experienced to begin with lucky to be at the right place, at the colleagues won’t allow me to think about business and media contacts, wind and space. was the lack of support available – be that right time. moving on (laughs), which is very nice of I was rejected on the basis support services or word processing. So we them and I appreciate that I’m valued here. of my gender. inevitably had to become more resourceful Qatar 2022 has experienced some One of the best things, and I say this also and resilient. controversy regarding the rights of migrant about my time at Herbert Smith Freehills, is workers. How has this impacted your role? the quality of work you’re involved in is one I also recall a deal I was working on from thing, but the people you’re working with is the first day I landed, which was a $400 Workers’ welfare and rights is an area of what makes the difference. I had a fantastic million finance project. The sheer scale of the principal focus for the SC. I’ve been fortunate, time at Herbert Smith Freehills. We had a projects blew me away. Then the next few particularly since January last year, to have great group in the Projects Team, and it’s projects included a 42-kilometre bridge for worked closely with our Workers’ Welfare the same here. I’ve worked with wonderful $5 billion, an oil and gas joint venture for $20 Division. At the time, we had approximately people – Qataris and expats – who really billion and a $50 billion social infrastructure 3,000 workers on our sites. Now we have in value your input. So for now, I’m happy to investment program in Libya. I also had excess of 15,000 workers and that number stay on. the added complexity of now working in a will rise to close to 40,000 at the peak of civil law jurisdiction. Prior to starting in the construction over the next two to three years. What’s the best thing about your role? Middle East, I only had experience practising Workers’ welfare provisions are embedded in common law jurisdictions, so I needed to in every contract we enter into and this has Someone said to me last night, “There’s never change my perspective and learn the local laws. been the case from the outset. What the legal a dull moment, Payvand.” And there really isn’t. team and I need to be mindful of is: Who are

38 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 39 SUPPORTING THE RULE OF LAW

As part of the firm’s extensive pro bono programme, a key focus has and terminate their agreements. The firm’s attractive for inward investment. Directly advice helped to “keep the lights on” by after the Summit, the firm launched the “The rule of law been on supporting the rule of law and assisting the development preserving key contracts and protecting second edition of Sierra Leone: An Investor’s is the foundation of justice systems to enable countries to grow economically and to the Government’s position in agreements Guide, which sets out the opportunities and negotiated during the crisis. challenges for those looking to deploy capital of all democratic attract responsible, sustainable inward investment. in the country. As with our work in Asia, a core element of societies, and we FDSL is training and capacity building. The Why does the rule “The rule of law is the foundation of all Bono Conference, now in its sixth year. Each MasterCard, who assisted with a training firm recognised early on that by sending democratic societies, and as a law firm, conference helps to advance the culture of workshop in Cambodia. “Working with local our lawyers to work side-by-side with of law matter? have long supported we have long supported pro bono initiatives pro bono in the region, as well as offering organisations and local lawyers helps to the Government’s lawyers in the capital Underpinning the pro bono projects pro bono initiatives that promote this. Helping developing examples of best practice. ensure training is sustainable and adapted Freetown, we would be able to build capacity promoting the rule of law is the intention to countries around the world build a robust to local conditions – another crucial factor in a more sustainable way. This led to a series pass on knowledge and expertise to those The firm has a long-established relationship that promote this.” legal infrastructure and ensure access to in the programme’s success,” says Lynn. of secondments. in the country who will benefit. By helping with Bridges Across Borders South East justice is a pillar of the firm’s global pro bono countries to build capacity, and the ability to Asia Clinical Legal Education (BABSEA This March, our fourth and most recent building and serves as a model for the ways programme,” says Lynn McMahon, Senior Fair Deal Sierra Leone develop their own legal infrastructure with CLE), which is the principal partner for the secondee, Fergus Rourke, joined forces in which the private sector can engage in the Associate – Pro Bono at Herbert Smith home-grown expertise, the firm is providing rule of law-focused projects and the Asia On another continent, the firm’s award- with former secondee, Rebecca Perlman, to development of Sierra Leone.” Freehills. Among other responsibilities, Lynn the platform on which these countries can Pro Bono Conference. BABSEA CLE aims winning Fair Deal Sierra Leone (FDSL) organise the country’s first ever Commercial is in charge of organising a diverse range develop. This is the principal motivation, For one student at Dagon University in to educate law students about professional programme, now into its eighth year, is Law Summit. Held in Freetown, the Summit of rule of law initiatives each year in South according to Lynn. “We are genuinely passing Yangon, the training provided by Herbert responsibility and access to justice and local having a significant impact on enhancing brought together 90 leaders from business, East Asia that bring together Herbert Smith on knowledge and expertise, and providing Smith Freehills lawyers and others is communities about social justice, equitable Sierra Leone’s legal infrastructure. Since the government, the judiciary and the legal, Freehills’ lawyers from across our network know-how and training resources in a revelatory. “I learned new things that I had development, rule of law and the protection scheme launched, over 250 of the firm’s diplomatic and development sectors to with policy makers, members of the judiciary, collaborative manner.” Neither is the firm never learned before about legal ethics, of human rights. Herbert Smith Freehills not lawyers have provided more than £4 million discuss and identify gaps in commercial legal practitioners, teachers and law students. acting out of self-interest. Lynn adds: confidentiality and access to justice,” he said. only assists with training and curriculum worth of free legal advice to assist the Sierra law and justice that currently hinder private “Most of our rule of law training is done We now know the duties that lawyers have The primary focus is to expand legal development, but also funds some aspects Leonean government in its management of sector development in Sierra Leone. The in jurisdictions where we do not have to clients and what lawyers should do.” knowledge and skills and help support a of the programme. Other partners have growing volumes of foreign direct investment, Summit day was accompanied by a week of a presence.” culture firmly embedded in the rule of law included LexisNexis and Justice without and thereby encouraging inclusive growth for training, workshops and networking events, If you would like to know more about through training and workshops. Topics Borders, a not-for-profit organisation that the country as a whole. involving a team of over 40 Herbert Smith The programme is certainly appreciated, the firm’s pro bono programme or to include legal ethics and professional supports victims of labour exploitation and The FDSL programme has grown to offer Freehills lawyers. Again, other organisations from heads of state through to students participate, contact Lynn McMahon at responsibility, client-centred lawyering, human trafficking. policy and legislative advice, training were brought in to collaborate, including who take part in the training. Sierra Leone’s [email protected] or Rebecca mock trials and court procedures and Standard Chartered Bank, the UK Sierra attorney-general, Joseph Fitzgerald Perlman at [email protected]. The collaboration goes wider still. Herbert programmes, document drafting, contract assisting migrant workers to bring claims Leone Pro Bono Network and the UK and Kamara, said: “I would like to reiterate the Smith Freehills has worked with other review, deal negotiation support, and in the courts. The workshops are held Sierra Leonean governments. government’s appreciation for the many law firms in drafting curriculum materials assistance on disputes. This kind of support throughout the region and, this year, took forms of support provided by Herbert Smith and delivering training. There are also proved critical when the country was hit by The Summit has led to a number of practical place in Yangon, Bangkok, Chiang Mai, Hat Freehills through the Fair Deal Sierra Leone opportunities for alumni to take part, an the outbreak of Ebola in 2014. Apart from the reform proposals that will now form the basis Yai, Kuala Lumpur and Jakarta. pro bono programme over the years. In example being a former Singapore office human cost, Sierra Leone faced a potential of a reform ‘roadmap’ for the Sierra Leonean particular, your long-term commitment As well as the workshops, Herbert Smith senior associate, Ben Robertson, South East crisis in the provision of public services as government involving legislative and practical to providing on-the-ground support has Freehills co-founded the annual Asia Pro Asia Regional Counsel & Vice President at contractors sought to invoke force majeure changes that will help make the country delivered real impact in terms of capacity

40 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 41 IN MEMORIAM

Martin Hankey Garry Hart John Hayward Robert Nicholls John Rowson Nick Tott (1944–2015) (1940–2017) (1944–2016) (1942–2017) (1930–2017) (1960–2017) Martin joined Herbert Smith (legacy) Garry Richard Rushby Hart was the leading It is with great sadness that we learned The partners and staff of Herbert Smith The firm was greatly saddened by the It is with great sadness that we learned in 1968. It was his first job after he qualified. planning and development solicitor of his of the passing of John Hayward, one of the Freehills were deeply saddened by the passing of former senior partner John of the passing of Nick Tott, a former partner He had decided on a career in law after generation, involved in many of the innovative firm’s long serving former partners. passing of respected alumnus and friend, Rowson. John passed away peacefully at Herbert Smith. Nick joined the firm in reading classics at Trinity College, University and high-profile developments in London, Robert Colin Nicholls. on 12 July, aged 87 years. 1986 and became partner in 1992. He was John, or “Jim” as he was affectionately known of Cambridge, where the distinctions including Broadgate and Canary Wharf. He one of the founders of the London finance within the firm, became a partner in 1970 and Robert joined the firm in 1964 and quickly John had an extraordinary career which awarded to him in the Greek and Latin prose joined Herbert Smith in 1962 as an articled division but in later years transferred to the retired 35 years later. When he joined, the became one of the youngest ever partners began at Herbert Smith as a junior papers resulted in their being displayed clerk, becoming a partner in 1970 and head projects team in the corporate division. Perth firm was then known as Muir Williams in 1967. He was a highly-respected colleague conveyancing clerk in May 1952. He qualified in the Wren Library for all to see. of its property department for ten years. Nicholson & Co and had no particular and friend to many until his retirement from in 1959 after five years’ articles, gaining He took a lead role as a key adviser The attention to detail and passion for He had a gift for bringing out the best in affiliations with any firm. When he retired the firm in 1993 and beyond. Bob, as he was the Charles Steele City of London Solicitors to the UK government in the design and language that went with being a classics people who worked for him and with him, it had joined and then merged with Freehill, known, had an exceptional legal talent and Company prize and Second Class Honours implementation of the Private Finance scholar served Martin well in the law. including lawyers and clients on the other Hollingdale & Page. Jim actively supported passion for the law. He was regarded as one in the then separate Law Society’s Honours Initiative (PFI) for the development of new His specialism was in contract law where his side of a deal. For the leading developer these moves, which today seem rather of Australia’s foremost mining, oil and gas Examination. He became a partner in 1960 infrastructure, which has since been adopted razor-sharp intellect was put to good effect. clients of the day, he became their trusted normal but which were both momentous lawyers and he was a valued and respected and was senior partner from 1988 until 1993 as a model the world over. This included From Herbert Smith he went on in 1971 to general counsel and friend. To colleagues and ground breaking at the time. Although partner of the firm and a trusted advisor and it was under his management that the a 15-month secondment to HM Treasury’s work for the merchant banks, Hill Samuel, he was open, fair, wise and fun to work with. he did not lead the negotiations between to many of the firm’s clients. firm’s move to Exchange House was planned Private Finance Panel Executive, which was Nordic Bank and finally Svenska the firms, he was a steadying and calming and accomplished. Known for his intelligence set up to oversee and facilitate the UK In 1998 he left to become special adviser to Bob is remembered by his colleagues as Handelsbanken, where he was responsible influence when the alliance hit troubled and regarded as one of the best company PFI programme. two successive Lord Chancellors. Garry took charming, funny, gregarious and fiercely loyal, for the company’s compliance. His life-long waters in its formative years. lawyers in the City, he was regularly to that role with the same irreverent wit, both to the firm and his friends. He will be Nick was a first rate lawyer, always love of languages continued to be of use instructed by most of the merchant banks lightness of touch, utter lack of pomposity When Jim joined the firm there were only greatly missed by those who worked with respected, trusted and relied on by throughout his career as he worked with of his era and involved in deals for companies and the instinctive human touch for which he seven other partners, who collectively made him throughout his career and he leaves colleagues and clients. More importantly, people from places as diverse as Japan, Saudi that in their day were household names. was so well known at Herbert Smith, in the up a talented group. Jim was a tax specialist behind a significant legacy to the firm. He is he was universally liked, with infectious Arabia and Sweden; in each case doing his Mentor and friend to many and a regular process earning the admiration and respect and advised many of Perth’s leading firms survived by his beloved children Marc Joshua, enthusiasm and sense of humour. He made best to learn enough of the native language attendee at our alumni events he will be of the civil servants with whom he worked during the heady days of the booms and Alexei and Dominica, step-daughters an important contribution to our firm as to get by, and in many cases impress. It was sadly missed. as he also had during his time with us. busts of the Western Australian economy. Anna-Maria and Cassandra and a colleague, friend and role model, and was with sadness and reluctance that he retired He was the personal adviser to John Roberts, granddaughter Selina. We send our He is survived by his wife, Molly, three equally well respected and popular outside in the mid-nineties. He missed work greatly, Garry was made a life peer in 2004 as Lord from the early days of Multiplex as a small condolences to his family. children, Ian, Jane and Andrew, two the firm. He was a devoted family man, but poured his energies in retirement into Hart of Chilton. His talents were widely Perth building company though its transition stepchildren, Christopher and Sarah, a talented musician, a keen and active the role of Honorary Treasurer of the Joint recognised in the outside world too; his to an international construction leviathan. and nine grandchildren. member of the Labour party and Chairman Association of Classical Teachers. extensive list of external appointments of his local Rotary Club. included chairman of the Almeida Theatre, Jim embodied the finest qualities of Martin is survived by his wife, Gillian, Chancellor of the University of Greenwich a Freehills partner. Impeccably ethical, Nick is greatly missed by all who knew him. and his daughters Carrie Lazell and Anna and honorary fellow of the Royal Institute of unswervingly loyal, cool in a crisis, unselfish, Wilson. He will be truly missed as a great British Architects. He was also always much humorous and supportive of change and colleague, friend, brother, husband, in demand as a highly entertaining after innovation. He was a great mentor and friend father and grandfather. dinner speaker. to junior partners who joined the ranks in increasing numbers during the ‘70s, ‘80s and Garry is survived by his wife (and Herbert ‘90s. A devoted husband of Elsa, loving father Smith alumna) Valerie and their twin to Andrew and Melissa, of whom he was very daughters, as well as three children proud, Jim will be greatly missed by his from his first marriage. family and friends, including those at the firm.

42 ALUMNI MATTERS 2017 HERBERT SMITH FREEHILLS 43 THE ALUMNI NETWORK: A GLOBAL FOOTPRINT

The Herbert Smith Freehills Alumni Network spans the globe with 4,561 registered members across 56 countries*. We are proud of our alumni and what they continue to achieve, and remain grateful for their significant contribution to the firm’s success.

Contact [email protected] if you would like to connect with alumni or staff in a particular region or enquire about our global suite of events.

56 countries

4,561 registered members

*Information correct as of September 2017