Most Highly Regarded Firms: Internet & e-Commerce 2007

The fast-paced, volatile businesses of the internet and of e-commerce are witnessing a resurgence and present unique challenges to companies and lawyers, as the law adapts to new developments. This chapter identifies 262 leading practitioners in 34 jurisdictions. These individuals answer a growing worldwide demand for guidance past the pitfalls of data privacy, security and e-commerce, as well as complex IT and outsourcing transactions. Two trends emerge from the research: while the greatest concentrations of practitioners occur in England and California with 26 and 27 nominees, the firms with the greatest turnout are invariably international, with offices across the globe.

Most Highly Regarded Individuals - Global
LawyerFirm
Christopher Millard Linklaters LLP, London
Richard Allan Horning Fish & Richardson PC, Redwood City
Richard Raysman Thelen Reid Brown Raysman & Steiner LLP, New York
Thomas Heymann Heymann & Partner, Frankfurt
Ian Kyer Fasken Martineau DuMoulin LLP, Toronto
Enrique J Batalla Batalla Abogados, Madrid
Vanessa Marsland Clifford Chance LLP, London
Hilary Pearson Bird & Bird, London
Ricardo Barretto Ferreira da Silva Barretto Ferreira Kujawski Brancher & Gonçalves, São Paolo
Mark Radcliffe DLA Piper US LLP, Palo Alto

The fast-paced, volatile businesses of the internet and of e-commerce are witnessing a resurgence and present unique challenges to companies and lawyers, as the law adapts to new developments. This chapter identifies 262 leading practitioners in 34 jurisdictions. These individuals answer a growing worldwide demand for guidance past the pitfalls of data privacy, security and e-commerce, as well as complex IT and outsourcing transactions. Two trends emerge from the research: while the greatest concentrations of practitioners occur in England and California with 26 and 27 nominees, the firms with the greatest turnout are invariably international, with offices across the globe.

WELL-CONNECTED

Recognised as a “pioneer in the field” and “a superior global presence”, international powerhouse Baker & McKenzie’s e-commerce capability produced nine nominees in seven jurisdictions, covering Asia, Europe and the US. Notable past clients include Yahoo!, Cisco, Sony and Vodafone. It is renowned for its “impressive deal list” and has “been in the area from the beginning”. The firm was part of the team that advised the Omani government on legislation to support its digital society and e-government initiative to regulate electronic transactions. London’s Harry Small gets plaudits for his “undoubted expertise, prowess and dedication”. Small was recommended for his expertise in noncontentious IT issues such as the drafting of contracts and legislation and for his work in high-tech disputes. Partner Robbie Downing, also at the London office, is well known for his “very strong international regulatory practice”, which encompasses compliance and advising on international transfers involving binding intra-group policies, on behalf of suppliers and users. Across the Atlantic at the firm’s birthplace, peers praised the “superb” Chicago lawyer Ruth Hill Bro. Well known for her work on privacy issues and advice on e-business, electronic workplace and security legal risks, she is founding North American member of the firm’s global privacy steering committee and a former chair of the American Bar Association’s eprivacy law committee. At the same office, the “extremely well-connected” Michael Mensik is yet another “outstanding privacy counsel” with an equally well-received outsourcing practice. Also of note is his work in assisting e-commerce companies establish their global operations. He is global coordinator of the firm’s global IT and communications law practice. In Frankfurt, Matthias Scholz chairs the German and Austrian IT practice. His “valued expert opinion” is often called upon in the context of German and international e-commerce, for suppliers such as Hitachi and Cisco and large commercial users. Serge Gijrath carries the flag for Baker & McKenzie’s Amsterdam office. An expert in Netherlands ICT law, he “leads the office’s internet group with aplomb” and is well versed in issues such as interconnection and access agreements and contract structure for public key infrastructure. Esther Flesch ably covers Baker & McKenzie’s South American internet law interests from São Paolo. Her sourcing work received acclaim, and she is also a member of the firm’s global privacy group. In Australia, the “very highly regarded” Patrick Fair is a past chair of the Australian Internet Industry Association and has an active interest in Australian internet-related regulatory law and policy. His experience in interactive streaming and the convergence of broadcasting, and internet regulatory regimes also attracted praise from his competitors. Yasunori Hashiguchi joined the Tokyo office in March 2007 from Asahi Koma Law Offices. He has advised software producers on software licence and development agreements as well as working on internet and e-commerce disputes.

Bird & Bird, recommended as a “huge player in the field”, is another international firm with a large stake in the e-commerce market. Seven individuals listed here represent the firm’s “estimable, knowledgeable” group in five countries across Europe. Bird & Bird has advised clients such as Oxfam on the launch of bignoisemusic.com, a music download site, and Michelin on a €1 billion global outsourcing agreement with IBM. At the London office, Hilary Pearson is an “established and respected” figure with experience working as a lawyer in Silicon Valley and Texas. Much of her work is for US clients in all aspects of contentious and non-contentious work in the field. Fellow Londoner Graham Smith was lauded as “an extremely sound e-commerce lawyer”, in particular advising e-commerce players on liability issues. He advised the States of Guernsey on the development of its e-transactions legislation and is widely recognised for his co-authorship of Internet Law and Regulation, now in its third edition. The “extremely gifted” Catherine Erkelens represents the firm’s Brussels office in these pages. “A highly respected figure”, she and her team act for software developers and IT service providers in outsourcing, domain names, encryption and e-payment problems. Erkelens also advises non-IT clients on e-commerce and internet issues and co-heads the firm’s international aviation & aerospace group. Frédérique Dupuis-Toubol’s “strong regulatory practice” received accolades from her peers, as did her dispute resolution work in the area. Stéphane Lemarchand, also of the Paris office, is “thoroughly dedicated to IT and e-commerce work” such as the drafting and negotiating of contracts and coordinating IT and internet litigation such as unfair competition proceedings. Javier Fernández-Samaniego is the “fantastic” managing partner of Bird & Bird Madrid and heads the commercial and IT group in Spain. His experience representing local and international insurance and financial services companies, as well as in other industries, drew praise. Fernández-Samaniego is also experienced in international data transfer to third countries, data protection review programmes and outsourcing transactions. Jim Runsten, the remaining Bird & Bird partner listed here, is head of the IT, privacy, data protection and outsourcing groups at the Stockholm office. He serves clients in the IT and communications sectors on a national and international level and often speaks and writes on e-commerce issues.

Thanks to mergers between Piper Rudnick and Gray Cary, DLA Piper LLP has evolved into “a worldwide powerhouse” and performed equally well in the survey, with seven practitioners selected in our Europe and US lists. Its “phenomenal global network” ensures the firm is “particularly good for multi-jurisdictional work” and it concentrates on highend multiparty project work with clients including eBay, Amazon.com and RBS. Cochair of the technology and private sourcing group, Mark Radcliffe, from the Silicon Valley office leads in terms of nominations. Radcliffe was said to be “among the very best” for open-sourcing work. His internet licensing practice was also commended. He assisted Sun Microsystems in open-sourcing the Solaris operating system. “Dedicated, experienced” Palo Alto practitioner Maureen Dorney’s practice encompasses privacy compliance, networking and wireless agreements, outsourcing agreements, open-source licensing and online music distribution. She has advised companies on viral marketing issues such as anti-spam statutes and has counselled companies on internet-related legal issues. David Bender is senior privacy counsel at the firm’s New York office. With an “excellent record for leading data protection projects”, he has “extensive knowledge and experience”. Bender performed a 22- country privacy audit for Starwood Hotels and Resorts and is also widely published, with works such as the five-volume Computer Law to his name. The “formidable” Jay Westermeier works in the firm’s Northern Virginia and Washington, DC offices and his practice has included all aspects of IT for technology companies as well as users and suppliers. In Europe, respondents “have only heard good things” about Brussels partner and global co-head of the international e-business practice group Patrick Van Eecke. He impressed peers with his “vast specialist knowledge” of e-commerce, e-government, digital signatures and data protection and led a team that prepared a study of unfair trade practices in B2B electronic marketplaces for the European Commission. Van Eecke focuses on Belgian and EU law and counts Google, AOL, eBay and Microsoft among his clients. Lars Jakob Blanck is of counsel in the Oslo office and “has extensive litigation and arbitration experience in the area”, especially as counsel to publishing companies. He advised the encyclopaedia publisher Kunnskapsforlaget on e-publishing and is well known for his writing on internet and e-commerce issues. “Rising star” Gigi Cheah is based in Hong Kong and focuses on technology in Asia (especially in China and India, its two ‘tiger’ markets) and aids Western clients expanding into the Asian market. She advises Google on its Asia technology issues, such as launching services (eg, Google Maps) and advertising and represents a telecoms company in its mobile and internet-banking issues.

European firm Field Fisher Waterhouse LLP’s “strong, talented and energetic” internet and e-commerce department notched up four placings for our list. The firm has quite a heritage in this area: it was the first major law firm to launch an office in Second Life, the virtual world created by Linden Labs in 2003. Outsourcing, e-agreements and IT data protection work for diverse clients provoked admiring comments. The firm’s London of- fice put in a particularly strong showing: the “prominent” Nigel Wildish concentrates solely on IT, outsourcing and e-commerce law and is experienced in transactions such as national and international procurements and outsourcings, e-commerce start-ups, data protection within the public sector and freedom of information rules for the public and private sectors. He heads the privacy & information and IT & telecoms groups in the European Legal Alliance. The “highly influential” Eduardo Ustaran is considered a “leading personality in Europe” and is dually qualified as an English solicitor and Spanish abogado. He is an expert in EU e-commerce and data protection law and its impact on various types of organisation, as well as privacy and online data protection issues, and the privacy implications of offshore outsourcing. His clients include FTSE 100 companies and public-sector bodies. Michael Chissick heads an IT, outsourcing and e-commerce group, acting for companies involved in internet and e-business, users and suppliers of computer systems and public telecoms operators. Respondents appreciated his “creative approach and sound knowledge of the field” and highlighted his academic contributions as a lecturer. The firm’s final listed practitioner, Emmanuel Roger France, joined in 2007 and represents the Brussels office, where he is versed in Belgian and EU law. His peers noted his prowess in IT and e-agreements as well as his data protection work for banks and financial institutions, which form the bulk of his client base.

Simmons & Simmons provides four lawyers in three jurisdictions for our list. Clients such as IBM, Virgin Media, Barclays Bank and KPMG International have all sought the advice of its “highly experienced professionals”. The firm advised Tata Consultancy Services on outsourcing deals with Deutsche Bank, Virgin Atlantic, Aon and Axa. London practitioner Tom Wheadon’s work for Virgin Media on content deals, interactive television and the related support technology, was widely acknowledged by peers. Fellow London TMT practitioner Alexander Brown comes equally highly recommended, especially for his work on large-scale, complex outsourcings, off- and online content acquisition deals and privacy compliance. He is the main adviser to uSwitch.com on all its legal requirements. In Rome, Italo de Feo is one of the area’s “rising stars”, advising on software development, data protection, turnkey solutions and joint ventures. The “highly competent” Alexander Shepherd is based in Dubai and heads the Middle East TMT group. Encompassing IT, telecoms and e-commerce, he is considered “one of the go-to guys” in this burgeoning jurisdiction. He is experienced in commercial and regulatory work, especially advising on corporate finance transactions across Europe, Africa and the Middle East. He advised Dubai Holding on its acquisition of a majority interest in Maltacom.

CALIFORNIA.COM

The internet continues to generate the biggest names in the field and representation of these companies from start-up to multinational requires a large bar. The state is home to many well-respected practitioners: California firm Fenwick & West LLP focuses on technology and life sciences and features three nominees in this edition. The firm represented Elance in the sale of its on-demand services and contractor management business unit to Click Commerce. David Hayes, the “prominent” chair of the IP group, is “fabulous for complex transactions”. Clients include Apple, Cisco and Sun Microsystems. “Internet law stalwart” Stuart Meyer’s practice focuses on counselling and technology-based litigation. He represented the Massachusetts Institute of Technology as litigation counsel; other clients include Cisco and Apple. Chairman Gordon Davidson completes the firm’s triumvirate. He represents networking, computer software and electronics companies ranging from start-ups to Fortune 1000 companies such as Electronic Arts, KANA Software and Macromedia.

International firm Greenberg Traurig LLP’s TMT group found favour among respondents for its growing New York and Silicon Valley internet and e-commerce practices. “Leading” entertainment and technology authority Ian Ballon’s stellar client list includes MySpace.com and eBay and he offers both counselling and litigation services in matters such as unfair competition in cyberspace, domain name infringement, cybersquatting, phishing and pharming, and privacy and security. He also wrote the “definitive” E-Commerce and Internet Law: A Legal Treatise with Forms. Over on the east coast, chair of the firm’s national TMT practice Alan Sutin was described as “stand-out practitioner” for his “very well-established” practice, which includes outsourcing and policy development on the commercial development of the internet. In this capacity, he advised governments, such as those of India and Jordan, and private stakeholders on proposed e-commerce legislation.

At Fish & Richardson PC, the 2006-07 president of the International Technology Law Association Richard Allan Horning represents companies at all stages of development. His “excellent” advice is highly valued – he counsels high-tech companies on domestic and international growth and development, supply and distribution relationships and dispute resolution. He serves on the advisory boards of publications such as E-Commerce Law Journal and World E-Business Law Report.

Richard Bernacchi, the “statesman” of Irell & Manella LLP’s technology department is another individual who stands out. Contributors pointed to his “fabulous skill at finding creative solutions” and praised his vast experience. Bernacchi counselled Hewlett Packard in connection with its e-commerce strategies. He represented AT&T in establishing its joint venture with Matsushita, Sony and Bertelsmann to develop a secure internet multimedia delivery system.

The “superb” Françoise Gilbert at IT Law Group, a technology boutique based in Palo Alto and Paris, was called “pre-eminent in e-commerce” and is also extensively experienced in information management legal issues such as IT transactions, data privacy and security issues, as well as internet law. She is on the advisory board of several Silicon Valley-based technology start-ups. Described as “very active in high-tech law”, Arnold & Porter LLP’s Ronald Johnston heads the Los Angeles office. A respected litigator and counsellor, he also co-founded The Computer and Internet Lawyer, a leading journal in the field. Johnston has represented Microsoft in litigation matters. Business & Technology Law Group is a boutique based in San Jose and Stephen Hollman, one of its principals, found favour for his “competent, knowledgeable” advice, with a focus on transactional aspects. He chairs the American Bar Association’s national task force on blogs and user-generated content and is recognised by peers as an expert on the Year 2000 Information and Readiness Disclosure Act, to which he made contributions at the drafting and lobbying stages.

US EXCELLENCE

Shifting the focus away from the west coast, many American firms are well represented in these pages. Thelen Reid Brown Raysman & Steiner LLP was praised as “a leading e-commerce entity”. Its e-commerce capability was bolstered thanks to a merger in 2006 with Brown Raysman Millstein Felder & Steiner LLP, a firm with a formidable back catalogue of internet and e-commerce work, such as representing Enigma Retrieval Systems in its $15 million acquisition of two wholly-owned subsidiaries of Inso. The team also handled a 10-year technology partnership with Perot Systems for Harvard Pilgrim Health Care, a contract worth $700 million. The “superb” Richard Raysman’s counselling and litigation practice concentrates on computer law and outsourcing, with a special interest in structuring technology transactions. He has a “firm background in IT” and was a systems engineer for IBM. Recent work includes representing AT&T in its $1.2 billion outsourcing transaction with Textron Corp and acting for the Mount Sinai Hospital in a $350 million outsourcing with IBM. Cited as “outstanding in and out of the courtroom”, Peter Brown’s “enviable practice” combines technology litigation and transactional work as well as expert witness experience. As a trial lawyer he worked on a New York case upholding limitation of liability clauses in computer contracts, and in a transactional capacity he negotiated with Microsoft on behalf of a major content provider. His skill at negotiating hardware, licensing, software and internet agreements was noted by many, as was his experience in outsourcing agreements. One of the founding partners of Brown Raysman Millstein Felder & Steiner LLP, Julian Millstein, is another lawyer at the firm with extensive experience as a computer programmer, systems analyst and IT consultant. He focuses on negotiating and litigating e-commerce and outsourcing matters such as his negotiation of a $1billion ‘infrastructure on demand’ outsourcing with IBM for AXA. TMT chair and ex-manager of GE Capital’s information technology operations, Jeffrey Neuburger rounds off the firm’s presence in this publication, receiving praise for his work on technology acquisitions, transfer and licensing arrangements, and joint ventures, as well as digital content distribution, privacy and security-related matters and dispute resolution.

Kaye Scholer LLP boasts a “high-powered, very international” internet and e-commerce practice, with deals such as a $1 million Indian offshore outsourcing agreement for a corporate services company. William Tanenbaum is the “highly influential” international chair of the technology, IP and outsourcing group. He worked to establish a technology infrastructure for the 2008 Beijing Olympics and has negotiated outsourcing agreements in India, Mexico and the Philippines.

New Jersey firm Sills Cummis & Gross PC is represented by Marc Friedman, a “very established practitioner” based in the New York office. With a broad practice including transactional, contentious and non-contentious work, this former chair of ITLAW Association is also the author of A Vendor’s Guide to Computer Contracting. Also in New York is the “fabulous litigator” Michael Epstein at Weil Gotshal & Manges LLP, who also maintains a strong transactional and counselling practice that includes outsourcing, technology transfer and licensing agreements, and joint ventures. Harry Rubin joined Ropes & Gray LLP in 2007 and represents a clientele spanning start-ups and multinationals in areas ranging from defence, software and bio-information to publishing, wireless and optical communications and internet concerns. He also wrote the “very well-regarded” International Technology Transfers.

“Always abreast with the pace of change”, Seattle firm Perkins Coie LLP stood out. The firm has attracted clients such as craigslist, TicketsNow.com, Kraft Foods and SNOCAP. It is acting for Facebook in ongoing rapid response against individuals involved in spamming and phishing schemes. “A leading figure”, Tom Bell concentrates on licensing, distribution, joint ventures, online agreements, e-commerce and regulatory issues. One source claimed Bell and his team are “our first go-to for US e-commerce”, his clients including Boeing, Sprint and TMobile. His colleague Albert Gidari “really knows his stuff ” when it comes to privacy law and represents companies on security, internet, electronic surveillance and communications law in litigation, investigations and compliance counselling. He defended Google against a Department of Justice subpoena seeking customer search queries and webpage visits.

Several other leading US figures achieved recognition: in Houston, the “iconic IT lawyer” Raymond Nimmer is a Dean of the University of Houston Law Centre while maintaining a private practice, and is codirector of the Houston IP and Information Law Institute. His contribution to the field, academically and in a professional capacity, was hailed as “truly outstanding”. Minnesota’s sole representative in the publication, the “tremendous” Stephen Davidson, comes from Leonard, Street and Deinard, where he founded the IP and IT group. His work includes technology development projects, transactions and litigation.

CANADA

Canada’s lawyers boast a significant presence in this edition. McCarthy Tétrault LLP’s four listed individuals gained widespread accolades for their internet and e-commerce practice, especially in privacy and outsourcing matters. The firm is counsel to companies such as Workopolis and eBay. Barry Sookman is the “highly capable” co-chair of the technology group and former head of the internet and e-commerce group. He is widely published on related topics and advises companies on outsourcing, joint ventures and other strategic relationships, as well as privacy and data protection. He advised on a $90 million seven-year IT services contract between a major life insurer and one of the largest global IT companies. Respondents “have a lot of time for” George Takach, also at the Toronto office. A “very big player” in the field, Takach is co-leader of the technology group and represents multimedia companies, computer products distributors, internet companies and public-sector organisations in matters such as outsourcing, compliance counselling relating to e-commerce, co-branding, weblinking and advising governments on legislative e-commerce initiatives. The “very strong” Cheryl Slusarchuk is based in Vancouver and has extensive experience as corporate counsel for a high-tech company. Since she moved into private practice, she has been involved in software licence and distribution agreements, and US/Canada and global cross-border transactions. Michel Racicot is “an important player” in Montreal, where he works on technology transfers, e-commerce and telecom law and public utilities regulation. He has acted for clients in the negotiation of ERP systems and acted for a large corporation to provide a receivables management system with corporations in Canada, the US and abroad.

Fasken Martineau DuMoulin LLP has represented Goodman & Company IT on outsourcing contracts and PriceWaterhouseCoopers in a complex three-party enterprise effectiveness outsourcing by Bell Canada. The firm has two lawyers in the publication, including Toronto partner Ian Kyer, who appears at the top of the research. This “leading” figure is founder and first president of the Canadian IT Law Association. He acted for Nautical Data International on the completion of its sale of rights to distribute electronic charts and data produced by the Canadian Hydrographic Service to the Canadian Department of Fisheries and Oceans. John Beardwood joins him in Toronto, where his practice emphasises IT and privacy law-related matters such as outsourcing, licensing, technology transfer and e-commerce as well as privacy compliance. He acted in Air Canada’s outsourcing agreement with ITA Software for a new reservation management system.

Blake Cassels & Graydon LLP also finds two of its lawyers in this publication. In Toronto, Mark Hayes is a “top” litigation, commercial technology and e-commerce lawyer, acting in the Canadian and international spheres. Sunny Handa is based in Montreal and coheads the firm’s IT group and India working group. His work in structuring offshore operations such as e-commerce and outsourcing arrangements was labelled “excellent”.

ENGLAND

Richard Kemp, managing partner of London-based technology boutique Kemp Little LLP, is renowned as a “pioneer”. Kemp Little acted for Expedia’s online travel services on the outsourcing of their ticketing operations, as well as commercial projects, marketing reviews and regulatory issues for the operator. Other clients include Digital River, PriceGrabber.com and Barbox. “A true innovator”, Kemp is known among peers for his work for Microsoft on its product distribution in Europe and for T-Mobile on its agreement with Google, among other major deals. Respondents also highlighted the “very bright” Calum Murray, head of the firm’s commercial department, for his transactional, contractual and regulatory advice to internet companies. His work in the online travel industry is especially noted, and he has completed a stint as seconded inhouse EU counsel to Expedia. Internet and e-commerce work constitutes a cornerstone practice at Olswang, a firm attracting clients such as Microsoft, eBay and Amazon. Head of internet and e-commerce clive Gringras often counsels these entities on many of their core legal issues. He also sits on the anti-spam committee of the British Department of Trade and Industry (DTI) and is legal chair of the UK’s Internet Service Providers’ Association. John Enser joins Gringras at the London office. His expertise is particularly valued with respect to clients offering audio and video content via TV, web or mobile and he also has experience in the regulatory field.

Clifford Chance LLP is held to be “very technologically savvy”, especially for large international outsourcing deals, data protection and e-commerce. The “very experienced” co-head of the firm’s consumer goods and retail industry group Vanessa Marsland was praised for her work on home shopping, e-commerce, IT and technology procurement. Next is co-head of Herbert Smith LLP’s TMT practice group, Christopher Rees. IPOs, outsourcing, system supply and financing transactions all form part of his practice, and he acts as adviser, litigator and arbitrator to businesses such as Applied Materials, Groupe Bull, IMS Health, Toshiba and Time Warner. He has also acted on public-sector projects for government agencies such as the DTI. Rees performed data privacy reviews for Colgate, IPC and IMS Health, and was involved in setting up the aircraft industry’s global online registry for filing of financial interests in aircraft. Osborne Clarke also appears in this volume thanks to Simon Rendell’s “fantastic reputation”. Rendell has been instrumental in the legal development of Apple, Electronic Arts and VeriSign, and is a director of the advisory company Technology Venture Consulting.

Former president of the International Federation of Computer Law Associations (IFCLA) and ex-chair of the International Bar Association’s technology and e-commerce committee, Christopher Millard of Linklaters LLP dominates in terms of votes received. Praised as “pure quality” and dubbed “the name in data protection”, his group worked on a complex project covering 130 jurisdictions, advising the ‘Big Four’ on the data protection and confidentiality implications of the Sarbanes-Oxley act. Linklaters also advised JPMorganChase on a seven-year outsourcing agreement with IBM. As head of Linklaters’ IT and communications practice, Millard’s “creative, informed” approach to complex, multi-jurisdictional work for large clients prompted a raft of positive comments, as did his engagements as a speaker and writer on the subject.

EUROPE

Mainland Europe’s internet and e-commerce lawyers also command a sizeable presence in our round-up of top practitioners. Lovells LLP was described as having a “wonderful group” and noted for innovations in newer markets such as the Italian e-commerce sector. The firm boasts four Europe-based nominees. Two hail from Munich: the “highly recommendable” Stefan Schuppert and Wolfgang Büchner are “very well known for their practice in Germany” and have “a very good standing”. Schuppert advises clients with respect to technology, licensing and media law and works on disputes, contracts, outsourcing and privacy. Büchner is a “great transactional lawyer” and his prowess in outsourcing and international contracts was noted. In London, Conor Ward’s practice centres on contentious and non-contentious law, with vast experience in outsourcing transactions and data protection. He works on disputes such as that relating to the intelligent building system operating a worldwide cargo centre at Heathrow Airport. In Rome, Marco Berliri completes the firm’s contingent. Heading the Italian TMT practice, he brings his previous experience as an e-commerce lawyer in the US to bear in the Italian e-commerce market, now experiencing massive growth since the proliferation of broadband in Italy. Among others, Berliri acts for eBay Italia, which he helped set up in 2001.

From Germany, Heymann & Partners provides three individuals for our list. The firm is Accenture’s outside counsel and also works for Computer Associates and Deutsche Bank. Thomas Heymann is “a famous name” and ranks in the list of top individuals. Considered “number one in the jurisdiction” by some, his practice focuses on outsourcing, traditional IT law, systems integration and licensing activities. He has completed system integration agreements such as the introduction of XETRA by Deutsche Börse and outsourcing agreements with a Bavarian private bank for Accenture. Katharina Scheja has “an excellent standing in the market”. Specialising in large IT transactions such as project development, piracy prevention and enforcement, and IT-related litigation, she recently represented Microsoft in licence compliance and product piracy matters. Lars Lensdorf completes the firm’s showing in this round-up. His IT practice focuses on outsourcing, especially for business processes, and public procurement law work. He advised Deutsche Bank over the sale of etb AG.

Bartsch und Partner, a domestic company and business firm, comes “highly recommended”. Sources at home and abroad extolled the “flexibility, expertise and creativity” of its lawyers, whose focus on technology law means its practice extends to all areas of the IT sector, including development project advice, privacy and protection, and e-commerce. Cited as “among the very best”, Michael Bartsch is “very well known for his IT and e-commerce practice in Germany and has a very good standing”. His expertise in software, project structuring and outsourcing received special mention by his peers. Rupert Vogel garnered similar plaudits for the “impeccable quality of his work” in ecommerce and IT areas.

In the Netherlands, independent firm Kennedy Van Der Laan, based in Amsterdam, is considered “one of the country’s first internet law firms”. It is known for projects such as a Dutch public transport chip card project, and a global banking digital signature project to identify parties in B2B transactions, as well as assisting in model ISP agreements for a Dutch television company. Respondents hold Marian Kennedy’s domestic and cross-border practice in high regard and competitors highlighted her work for Microsoft. Joost Linnemann is managing partner of the firm, with significant IT industry experience. He especially skilled in e-commerce, e-signatures, digital security and personal data pricacy. The “fabulous” Coen Drion’s practice focuses on coordination of large IT projects and handling cases of threatened project failure, as well as resolving disputes. Alfred Meijboom, one of the firm’s founders, is an arbitrator for the Netherlands Foundation for the Resolution of Computer-Related Disputes and co-founded the Netherlands Association of specialised IT attorneys (VIRA).

Dutch firm Oosterbaan Advocaten has “an incredible reputation for IT expertise” and is run by Dinant Oosterbaan, a “statesman of the country’s IT bar”. Before entering private practice he worked in the IBM legal department and, during his 30-year career, has handled protection issues, distribution and licensing agreements, litigation and dispute resolution. He is co-founder and ex-president of the IFCLA.

A further group of individuals received enthusiastic recognition as sole representatives of their firms: Spanish lawyer Enrique Batalla, of his own firm Batalla Abogados, impressed peers with his broad practice and “eminent domestic and international status”. Competitors highlighted his links with Asia and America and his standing in respected bodies such as the Computer Law Association (CLA) and the High Council of the Spanish Chamber of Commerce. His areas of expertise include internet and cyberspace law, e-commerce, licensing, technology and transfer of technology contracts. In Paris, Daniel Kahn of Kahn & Associés has “great expertise as a transactional lawyer”, serving on the advisory boards of numerous French start-ups. His policy work on a French government commission advising the prime minister on e-commerce legislation and his membership of the CLA’s board of directors also drew praise. Also recommended was name partner Pietro Tamburrini of Tamburrini Savi & Associati Studio Legale in Milan. As well as providing counsel on matters such as multimedia e-business and outsourcing, he is coordinator of the legal board of the Italian Association for Software Protection.

In Belgium, Hunton & Williams LLP’s Christopher Kuner is considered “one of the leading EU experts in data protection”, working on data protection compliance projects for multinationals in financial services, human resources, online services and pharmaceuticals. He is also well versed in counselling clients in negotiations with the European Commission, the article 29 working party and European data protection authorities. Ireland’s Beauchamps Solicitors received glowing reviews thanks to the head of its technology and IP unit Maureen Daly. Her work in areas such as domain names and IT licensing, as well as her lecturing on IT issues, is widely admired by her peers.

GLOBAL STARS

Stéphan le Goueff, founder of LG@vocats, was lauded as “the go-to guy in Luxembourg”, a growing area for IT. His counsel on the implementation of internet sites and regulatory issues was deemed “second to none”. Brazilian Ricardo Barretto Ferreira da Silva of Barretto Ferreira Kujawski Brancher e Gonçalves is a “wellrecognised, well-connected” name partner, offering domestic and international clients a broad practice including public services work and policy counselling. At Estudio Millé, Argentine lawyer Antonio Millé was described as “a leading name in South America” and “very well established”. He is chairman of the Latin American High Technology, Computers and Law Institute. In Australia, “stellar practitioner” Peter Leonard of “major IT players” Gilbert + Tobin was highly praised for his “excellent outsourcing work”, licensing arrangements, content platform and licensing contracts, and is also highly experienced in internet services and content regulation in Australia and the Asia-Pacific region. The Bangalore office of J Sagar Associates (India) is home to the “brilliant” Sajai Singh, considered by some to be “one of India’s key technology lawyers”. His practice includes a great deal of outsourcing and IT contracting work as well as data protection and privacy audits. Respondents especially noted his work for multinationals looking to do business in India. He has acted as counsel to venture capitalists on TMT matters.

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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.

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