Case studies

Question 1

Rolls Royce

Answer 1

Complex multi-jurisdicitonal case in 2017

Advised with Debevoise and Plimpton, defending Rolls Royce on bribery and corruption allegations

Joint defence - Serious Fraud Office in the UK, Department of Justice in the US, Ministero Public Federal in Brazil

Investigations were resolved by way of Deferred Prosecution Agreements and a Leniency Agreeement

Question 2

Rolls Royce - why interesting?

Answer 2

Shows ability of the firm to work on complex multi-jurisdictional issues, and collaboration with firms

Question 3

Ralph Sellar

Answer 3

Partner in the Asia Disputes and Investigations Group - lateral hire

Previous experience in private equity/hedge fund disputes and regulatory matters e.g. Chinese asset manager had 1.6bn recovered after Sellar advised them on a complicated and multi-jurisdictional litigation and arbitration arising from a fraud connected with an investment

Question 4

Brazilian dam

Answer 4

BHP Billiton were facing a £5 billion lawsuit from Brazilians due to the collapse of the Fundão Dam in 2015, causing loss and damage.

Dam owned partially by a subsidiary of BHP Billiton

S&M was successful at getting the case struck out at English court - since claims related to Brazil, to permit English litigation to proceed would risk significant delays and complications for the claimant

Question 5

BHP Billiton - why interesting?

Answer 5

Demonstrates the multiple ways in which a dispute can proceed

Innovative work the firm does to cross borders and have the expertise to know that this case would be better heard in Brazil’s jurisdiction