Herbert Smith Law Firm History and Structure

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Herbert Smith is one of the oldest and most respected law firms in the UK. Founded in 1873 by Sir Henry Herbert and Sir Edward Smith, the firm has a rich history that spans over 140 years.

The firm's early success was largely due to its focus on shipping and commercial law. In the late 19th century, Herbert Smith was involved in several high-profile cases related to the development of the Suez Canal.

Herbert Smith's structure is also noteworthy. The firm is a partnership, with a managing partner who oversees the firm's overall strategy and direction.

If this caught your attention, see: Sir John Templeton

Mergers and Acquisitions

Herbert Smith Freehills resulted from the merger, in October 2012, of the two firms. The merger involved an immediate financial integration of the firms in a single partnership and profit pool, an unusual structure for these kinds of mergers.

Freehills had 190 partners and 800 lawyers at the time of its merger with Herbert Smith. This was a significant size for a law firm at the time.

On a similar theme: Abbie Herbert

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Herbert Smith Freehills nearly doubled its total number of international secondees in its first year of operations. This expansion shows the firm's commitment to growing its global presence.

The firm began practice in Germany after merging, and opened an office in New York City in September 2012. This office focused on international dispute resolution work.

2012 Freehills Merger

In 2012, Freehills merged with Herbert Smith to form Herbert Smith Freehills, a significant development in the world of mergers and acquisitions.

The merger involved the integration of 190 partners and 800 lawyers from Freehills, who had four offices in Australia's capital cities and an office in Singapore.

Freehills had a unique compensation system, with a greater number of equity partners and a merit-based approach, which posed a challenge in the merger process.

Herbert Smith, on the other hand, practiced a lockstep compensation system, which added to the complexity of the integration.

The combined firm began to expand its international presence, opening an office in New York City in September 2012, focused on international dispute resolution work.

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A South Korean office was opened in Seoul in April 2013, and the firm nearly doubled its total number of international secondees in its first year of operations.

Herbert Smith Freehills also expanded its presence in Germany, opening an office in Düsseldorf in November 2015, headed by Clifford Chance's former head of litigation and arbitration practice.

Aercap Ireland Limited

Aercap Ireland Limited is a subsidiary of AerCap, the world's largest aircraft lessor. It's a significant player in the industry.

Aercap turned to top law firms Cravath Swaine & Moore and Herbert Smith Freehills for counsel on its massive $30 billion acquisition of General Electric's Capital Aviation Services in 2021.

This acquisition is a prime example of a large-scale merger and acquisition deal. The deal involved the purchase of a significant aviation business.

Aercap is also involved in a complex legal battle in the High Court to recover losses from insurers over 400 aircraft stranded in Russia due to Western sanctions. The planes are worth almost $10 billion.

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The case is being heard in the Rolls Building's 'super court' and is one of the most high-profile and costly trials in the UK. Insurers are challenging the claims on several grounds.

Aercap is pursuing a claim for $3.5 billion from insurers, including AIG and Lloyd's, under its all-risk insurance policy, or alternatively, $1.2 billion under its war-risk policy.

Law Firm's People and Structure

A law firm's people and structure are its backbone. The headcount refers to the sum of all the law firm's people.

Partners are key players in a law firm, and they may include the Managing Partner but not Non-Equity Partners. Non-Equity Partners are law firm employees who were promoted from Associate to a tier of Partnership in which the lawyer does not share in the profits or capital of the firm.

Associates are junior or senior Attorneys who work at a law firm, and Staff Attorneys are associates with law degrees who have passed the Bar Exam in their states. They research, analyze, and write about complex legal issues.

A law firm's structure can be complex, but it's essential to understand the different roles within the firm.

Practice

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Herbert Smith's practice was dominated by litigation and corporate work by the time of its merger with Freehills.

The firm's focus on litigation and corporate work was particularly strong in areas like mergers and acquisitions (M&A) and equity capital markets.

In addition to litigation and corporate work, Herbert Smith also had practices in finance, real estate, energy, and competition.

The firm's diverse practice areas likely provided a range of opportunities for its lawyers to work on different types of cases and projects.

Here are some of the key practice areas that made up Herbert Smith's practice:

  • Litigation
  • Corporate work (including M&A and equity capital markets)
  • Finance
  • Real estate
  • Energy
  • Competition

Law Firm's People

A law firm's people are the backbone of the organization, and understanding the different roles and positions can be a bit confusing.

The headcount of a law firm is the sum of all the law firm's people. This includes everyone from the top partners to the administrative staff.

Partners are the top-tier professionals in a law firm, and they may include the Managing Partner. Non-Equity Partners, on the other hand, are law firm employees who were promoted from Associate to a tier of Partnership in which they do not share in the profits or capital of the firm.

Discover more: Tier One Capital

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Attorneys and Lawyers are often used interchangeably, but within the US, the main difference is that an individual must successfully pass a bar exam and become a member of a state bar association to be considered an attorney.

Counsels are generally lawyers and do not refer to the nature of the relationship between the Attorney and a law firm.

Of Counsel is the title of an Attorney in the legal profession of the United States who often has a relationship with a law firm or an organization but is neither an associate nor partner.

Associates are junior or senior Attorneys who work at a law firm, or are employed by another Attorney.

See what others are reading: Associate Attorney

Freehills Llp

Freehills LLP was an Australian law firm that operated in the Asia Pacific region. It was one of the Australian Big Six law firms.

The firm's history dates back to the practices of Clarke & Moule in Melbourne (1853), Stephen Henry Parker in Perth (1868), Bernard Austin Freehill in Sydney (1871), and John Nicholson in Perth (1896). They are notable for having adopted open employment policies, hiring Catholics and Jews when many other firms would not.

Curious to learn more? Check out: Fair Work Ombudsman V Quest South Perth

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Freehills had 190 partners and 800 lawyers at the time of its merger with Herbert Smith. It had four offices in Australia's capital cities, and an office in Singapore.

The merger with Herbert Smith resulted in the formation of Herbert Smith Freehills in October 2012. This merger involved an immediate financial integration of the firms in a single partnership and profit pool.

Freehills had a merit-based compensation system, which differed from Herbert Smith's lockstep compensation system. It also had a greater number of equity partners compared to Herbert Smith.

After merging, the firm expanded its international presence by opening offices in Germany, New York City, and Seoul.

A different take: Herbert Henry Dow

Notable Clients and Cases

Herbert Smith has a long history of advising notable clients on significant deals. One notable example is Hotel Chocolat, the UK chocolatier that was advised by Herbert Smith on its £534m takeover by Mars Inc. in 2023.

Herbert Smith has a strong reputation for handling high-profile cases. Herbert Smith Freehills advised UK chocolatier Hotel Chocolat on its £534m takeover by US food giant Mars Inc. in 2023.

Curious to learn more? Check out: Schuster Company Le Mars Iowa

People at the Business Meeting
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Herbert Smith's expertise spans multiple industries, including food and beverages. Herbert Smith Freehills advised UK chocolatier Hotel Chocolat on its £534m takeover by US food giant Mars Inc. in 2023.

Herbert Smith has a team of experienced lawyers who have worked on numerous high-profile cases. Herbert Smith Freehills advised UK chocolatier Hotel Chocolat on its £534m takeover by US food giant Mars Inc. in 2023.

Herbert Smith's advice has a significant impact on the outcome of cases. Herbert Smith Freehills advised UK chocolatier Hotel Chocolat on its £534m takeover by US food giant Mars Inc. in 2023.

Herbert Smith has a strong track record of success in the field of corporate law. Herbert Smith Freehills advised UK chocolatier Hotel Chocolat on its £534m takeover by US food giant Mars Inc. in 2023.

Herbert Smith's expertise in corporate law has helped numerous clients achieve their goals. Herbert Smith Freehills advised UK chocolatier Hotel Chocolat on its £534m takeover by US food giant Mars Inc. in 2023.

Herbert Smith has a reputation for being a trusted advisor to many high-profile clients. Herbert Smith Freehills advised UK chocolatier Hotel Chocolat on its £534m takeover by US food giant Mars Inc. in 2023.

Financial Conduct Authority

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The Financial Conduct Authority, or FCA, recently scored a major victory in a High Court case. Herbert Smith Freehills successfully argued on their behalf.

This landmark case clarified whether businesses were entitled to compensation for Covid-19-related disruptions under their insurance policies. Insurers took a hit, potentially triggering payouts for tens of thousands of businesses with business interruption claims.

The FCA's win is a significant development for businesses affected by the pandemic.

Worth a look: FCA India Automobiles

Frequently Asked Questions

Is Herbert Smith a Magic Circle law firm?

Herbert Smith is not considered part of the Magic Circle due to its historical focus on privatisation work, which was limited at the time the term was coined. This distinction is a notable aspect of the firm's history and development.

Carolyn VonRueden

Junior Writer

Carolyn VonRueden is a versatile writer with a passion for crafting engaging content on a wide range of topics. With a keen eye for detail and a knack for research, Carolyn has established herself as a reliable voice in the world of finance and travel writing. Her portfolio boasts a diverse array of article categories, from exploring the benefits of cash cards to delving into the intricacies of Delta SkyMiles payment options.

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