Herbert Smith Freehills

Herbert Smith (known as Norman Herbert Smith until 1903) was established by Norman Herbert Smith in 1882. Norman Herbert Smith was descended from Sir William ap Thomas on his father's side and William the Conqueror through his mother's family.{{Cite book |last=Phillips |first=Tom |title=A History of Herbert Smith |publisher=International Financial Law Review |year=2007 |isbn=9781843744825 |location=London |pages=14–15 |language=English}} Norman Herbert Smith first opened an office at Nicholas House, 12/13 Nicholas Lane, a short distance from the Bank of England.

Norman Herbert Smith was highly influential in launching the career of Lord Atkin, remembered for giving the leading judgement in the case of Donoghue v Stevenson, who himself noted that "Smith continued to be my client throughout the whole of my time as a barrister and in the first years almost my only one."{{Cite book |last=Phillips |first=Tom |title=A History of Herbert Smith |publisher=Internional Financial Law Review |year=2007 |isbn=9781843744825 |location=London |publication-date=2007 |pages=29 |language=English}}

Herbert Smith's specialisation in the early 20th century was in company flotations and advice to mining companies. Later its work expanded to litigation, mergers, and equity matters. Herbert Smith was instructed on the flotation of British Power & Light Corporation Limited and advised on the merger of Columbia Graphophone Company with the Gramophone Company (owner of the His Master's Voice label) to form EMI.{{Cite book |last=Phillips |first=Tom |title=A History of Herbert Smith |publisher=International Financial Law Review |year=2007 |isbn=9781843744825 |location=London |publication-date=2007 |pages=74–75 |language=English}}

The famed Herbert Smith partner, F.A. Mann, played a pivotal role in transforming the legal profession in England, where litigation was traditionally managed by clerks and barristers. He was instrumental in establishing London solicitors as leading experts in international litigation.

Its strong relationship with US law firm Cravath, Swaine & Moore led to Time Warner instructing Herbert Smith for its £220bn acquisition of America Online (AOL) – the largest merger of all time.{{cite web|title=Herbert Smith formalises US referral network|url=https://www.law.com/international-edition/2001/04/01/herbert-smith-formalises-us-referral-network/?region=%2Finternational-edition%2Fregion%2Feurope%2F|publisher=Law.com International}} In 2011, revenues were £465 million and profits-per-equity-partner (PEP) were £900,000.{{cite web|title=UK200 Table 1–25|url=http://www.thelawyer.com/uk200-table-1-25/1009317.article|publisher=The Lawyer}}

Herbert Smith had a European partnership with the German firm Gleiss Lutz and the Benelux firm Stibbe until 2011. A plan to merge with those firms did not go ahead.{{cite news|title=Germany: All-aktion|url=http://www.thelawyer.com/news-and-analysis/regions/europe/germany-all-aktion/3006985.article|access-date=19 July 2013|newspaper=The Lawyer|date=15 July 2013}}

At the time of its merger with Freehills, Herbert Smith had around 240 partners, 1,300 lawyers, with offices in Europe, the Middle East and Asia.{{cite web|url=http://www.herbertsmithfreehills.com/Locations/|title=Locations|publisher=Herbert Smith Freehills}}

Freehills was an Australia-based commercial law firm that operated in the Asia Pacific region. In Australia, it was one of the Australian Big Six law firms.

The firm traced its history 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).Suzanne Welborn. (2011.) Freehills: A History of Australia's First National Law Firm University of New South Wales Press Predecessors of the firm are notable for having adopted open employment policies, hiring Catholics and Jews when many other firms would not. They are also notable for becoming the first major Australian law firm to appoint a female partner, and forming the first national law partnership in Australia.Malcolm Wilson. (18 December 1979.) [https://news.google.com/newspapers?nid=1301&dat=19791218&id=cwxiAAAAIBAJ&sjid=MecDAAAAIBAJ&pg=2584,7085946 "Legal professional branching out"], The Sydney Morning Herald.{{cite web|date=2 June 2011|title=The makings of a national firm: Freehills|url=http://www.lawyersweekly.com.au/features/the-making-of-a-national-firm-freehills|publisher=Lawyers Weekly|access-date=31 July 2013|archive-date=17 May 2012|archive-url=https://web.archive.org/web/20120517103353/http://www.lawyersweekly.com.au/features/the-making-of-a-national-firm-freehills|url-status=dead}}

At the time of its merger with Herbert Smith, Freehills had 190 partners and 800 lawyers. It had four offices in Australia's capital cities, and an office in Singapore. It had associations with various firms across Asia, many of which continue to this day.

Herbert Smith Freehills resulted from the merger, in October 2012, of the two firms.{{cite news|url=https://www.independent.co.uk/news/business/news/herbert-smith-in-tieup-to-form-new-legal-giant-8191539.html|title=Herbert Smith in tie-up to form new legal giant|access-date=3 October 2012|work=The Independent|date=1 October 2012}} 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.{{cite news|date=3 September 2012|title=The great Aussie merger mystery|publisher=The Lawyer|url=http://www.thelawyer.com/the-great-aussie-merger-mystery/1014006.article|access-date=18 July 2013}} The merger was complicated by differing remuneration structures across the firms; with Herbert Smith practicing a lockstep compensation system, while Freehills practised a merit-based compensation system. Freehills also had a greater number of equity partners.{{cite news|last=Burton|first=Lucy|date=17 July 2013|title=First-half turnover at £471.2m for post-merger Herbert Smith Freehills|newspaper=The Lawyer|url=http://www.thelawyer.com/news-and-analysis/the-lawyer-management/financial-news/first-half-turnover-at-4712m-for-post-merger-herbert-smith-freehills/3007543.article|access-date=18 July 2013}}

After merging, the firm began practice in Germany. In September 2012 it opened an office in New York City, focused on international dispute resolution work. A South Korean office was opened in Seoul in April 2013.{{cite web|date=15 April 2013|title=Herbert Smith Freehills opens in Seoul|url=http://www.herbertsmithfreehills.com/news/news20130415-herbert-smith-freehills-opens-in-seoul|publisher=Herbert Smith Freehills}} The combined firm also nearly doubled its total number of international secondees in its first year of operations.{{cite news|last=Reynolds|first=Anna|date=21 June 2013|title=Herbert Smith Freehills secondments soar amid post-merger integration push|newspaper=Legal Week|url=http://www.legalweek.com/legal-week/news/2276331/herbert-smith-freehills-secondments-soar-amid-postmerger-integration-push|access-date=18 July 2013}} In November 2015, Herbert Smith Freehills announced the opening of its third office in Germany, Düsseldorf, headed by Clifford Chance's former head of litigation and arbitration practice.{{cite web|title=Herbert Smith opens Dusseldorf office|url=http://www.globallegalpost.com/big-stories/herbert-smith-opens-dusseldorf-office-40550121/|url-status=live|archive-url=https://web.archive.org/web/20180705213522/http://www.globallegalpost.com/big-stories/herbert-smith-opens-dusseldorf-office-40550121/|archive-date=5 July 2018|access-date=11 December 2015|newspaper=Global Legal Week}}

In February 2022, the Greenwoods & Herbert Smith Freehills taxation practice was sold to PwC.[https://www.afr.com/companies/professional-services/pwc-acquires-specialist-tax-firm-greenwoods-and-herbert-smith-freehills-20220227-p5a02k PwC acquires specialist tax firm Greenwoods & Herbert Smith Freehills] Australian Financial Review 28 February 2022

In November 2024, Herbert Smith Freehills announced that it would merge with U.S.-based Kramer Levin to form one of the top-20 global law firms by headcount. The new firm will be known as Herbert Smith Freehills Kramer, abbreviated as HSF Kramer in the U.S., with 25 offices across the UK, Europe, the United States, and Asia.{{Cite news |last=Miller |first=Joe |date=2024-11-11 |title=Herbert Smith Freehills to merge with US-based law firm Kramer Levin |url=https://www.ft.com/content/6263304f-5fb7-4aff-a0ca-22ec41db28b2 |access-date=2024-11-12 |work=Financial Times}} The merger is scheduled to complete 1 May 2025.Mitchell, Rick [https://www.law.com/americanlawyer/2024/12/09/kramer-levins-paris-office-eyes-us-merger/ "Kramer Levin’s Paris Office Eyes U.S. Merger"] The American Lawyer, December 9, 2024. Retrieved December 15, 2024.

As of September 2020, HSF has 26 offices in Asia, Australia, Europe, North America and the Middle East.{{cite web|title=Office details|date=5 September 2016 |url=https://www.herbertsmithfreehills.com/about-us|publisher=Herbert Smith Freehills}}{{Cite web|title=Where we work|url=https://www.herbertsmithfreehills.com/where-we-work|access-date=2020-09-20|website=Herbert Smith Freehills {{!}} Global law firm|language=en}} The Seoul and Tokyo offices are staffed by Commonwealth lawyers and do not practice local law. The Tokyo office relies upon a referral arrangement with Japan's Big four law firms to avoid competing with them for local legal work, and due to difficulties with hiring Japanese attorneys.{{cite news|last=Brennan|first=Tom|title=Foreign Firms Stumble Going Local in Japan|url=http://www.americanlawyer.com/PubArticleAL.jsp?id=1202610878523&thepage=1|access-date=18 July 2013|newspaper=The Asian Lawyer|date=15 July 2013}}

Following the firebombing of the Adass Israel Synagogue in Melbourne, Damien Hazard, an Australia corporate lawyer who has been a partner with HSF for 12 years tweeted "Never too soon for Jeremy Leibler to just invent a link with anti-genocide protests". The tweet was deleted and HSF chair and senior partner Rebecca Maslen-Stannage apologized for it.{{cite news |url=https://www.law.com/international-edition/2024/12/10/hsf-investigating-deeply-offensive-partner-tweet-directed-at-jewish-lawyer/?slreturn=20241210112621|title=HSF Investigating "Deeply Offensive" Partner Tweet Directed at Jewish Lawyer |publisher=law.com|access-date=10 December 2024}}{{cite news |url=https://www.afr.com/rear-window/hsf-in-damage-control-after-m-and-a-partner-s-deeply-offensive-tweet-20241209-p5kx34|title=HSF in damage control after M&A partner's 'deeply offensive' tweet |publisher=AFR|access-date=10 December 2024}} Maslen-Strange said "We were shocked to learn on Friday evening of this deeply offensive post, and very sorry that it was written. These comments could not be more at odds with our firm’s respectful and inclusive culture.” She confirmed that the post was “removed the same evening”, and said “We are treating this matter with the seriousness it deserves.”{{cite news |url=https://www.theaustralian.com.au/business/margin-call/freehills-partner-damien-hazard-is-under-investigation-for-tweeting-about-the-arson-attack-on-a-melbourne-synagogue/news-story/2354fc822d3d26b66cfce58add09e6e7?amp|title=Freehills partner Damien Hazard is under investigation for tweeting about the arson attack on a Melbourne synagogue |publisher=The Australian|access-date=10 December 2024}}

HSF has assisted numerous notable clients over its years as a firm, some famous, some infamous. Some examples include:

Herbert Smith Freehills helped Sergey Podoprigorov, a judge in the Russian Federation who sentenced Vladimir Kara-Murza, a prominent journalist, author, filmmaker, human rights activist and political prisoner that received an extremely harsh prison sentence in Russia in 2023 after publicly criticizing the Russian invasion of Ukraine. HSF prepared an appeal asking the United States Department of the Treasury to remove Podoprigorov from the "Magnitsky list" of corrupt Russian officials responsible for persecution of people fighting against corruption and repression in the country.{{Cite web |title=Judge presiding over Kara-Murza case appealed for removal from U.S. Magnitsky list |url=https://meduza.io/en/news/2023/04/12/judge-presiding-over-kara-murza-case-was-implicated-u-s-magnitsky-act |access-date=2023-04-21 |website=Meduza |language=en}}

Herbert Smith Freehills advised Sir Alan Sugar in relation to his dispute with Terry Venables over the English Premier League football club Tottenham Hotspur.

Herbert Smith Freehills advised UK chocolatier Hotel Chocolat on its £534m takeover by US food giant Mars Inc. in 2023.{{Cite web|title=Freshfields and HSF Advise on Hotel Chocolat's Takeover by Mars|url=https://www.law.com/international-edition/2023/11/16/freshfields-and-hsf-advise-on-hotel-chocolats-takeover-by-mars/?slreturn=20241110183234|access-date=11 November 2024|website=Law.com International}}

Herbert Smith Freehills successfully secured a landmark victory for the Financial Conduct Authority (FCA) in a High Court case that clarifies whether businesses were entitled to compensation for Covid-19-related disruptions under their insurance policies. The ruling dealt a significant blow to insurers, potentially triggering payouts for tens of thousands of businesses with business interruption claims.{{Cite web|title=HSF ensures victory for regulator in major Covid-19 insurance test case |url=https://www.legalbusiness.co.uk/blogs/hsf-ensures-victory-for-regulator-in-major-covid-19-insurance-test-case/|access-date=11 November 2024|website=Legal Business}}

• Herbert Smith Freehills is representing Google in a £13.6bn collective action lawsuit, which has been allowed to proceed by London's competition tribunal. The case alleges that Google is abusing its dominant position by prioritising its own advertising technology.{{Cite web|title=HSF Steps in to Defend Google in £13.6B Adtech Collective Action |url=https://www.law.com/international-edition/2024/06/06/hsf-steps-in-to-defend-google-in-13-6b-adtech-collective-action/|access-date=11 November 2024|website=Legal.com International}}
• Google in connection with appealing against the European Commission's decision to fine Google €2.42 billion in the Google Search (Shopping) investigation.

• In 2021, AerCap turned to Cravath Swaine & Moore and Herbert Smith Freehills for counsel on its $30 billion acquisition of General Electric’s Capital Aviation Services (GE Capital Aviation Services).{{Cite web|title=Cravath, Herbert Smith Freehills and Clifford Chance steer AerCap/GE deal|url=https://globalcompetitionreview.com/article/cravath-herbert-smith-freehills-and-clifford-chance-steer-aercapge-deal|access-date=11 November 2024|website=globalcompetitionreview.com}}
• Herbert Smith Freehills is representing Aercap Ireland Limited, the world’s largest aircraft lessor, in a major and complex legal battle in the High Court to recover losses from insurers over more than 400 aircraft stranded in Russia due to Western sanctions. The planes, worth almost $10 billion, have remained in Russia since the sanctions were imposed following the war in Ukraine, with Russian lessees failing to return them. 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. The case, being heard in the Rolls Building’s ‘super court,’ is one of the most high-profile and costly trials in the UK, with insurers challenging the claims on several grounds.{{Cite web|title=The multibillion pound court battle keeping the City's law firms busy |url=https://www.cityam.com/the-multi-billion-pound-court-battle-keeping-the-citys-law-firms-busy/|access-date=11 November 2024|website=Cityam.com}}

Goldman Sachs in a US$1.2 billion claim brought by the Libyan Investment Authority in relation to a series of leveraged derivatives transactions, featuring allegations of undue influence and unconscionable bargain.

Herbert Smith Freehills has received a lot of criticism in the UK media about its role working for the Post Office throughout the British Post Office scandal.[https://www.lawgazette.co.uk/news/firm-denies-profiting-from-post-office-victims-misery/5121590.article Firm denies profiting from post office misery]

Iveco and Fiat Chrysler as coordinating and UK competition litigation counsel in relation to follow-on damages claims stemming from the European Commission's settlement decision in Trucks.

Chemist Warehouse on its merger with Sigma Healthcare to create Australia's largest pharmacy group.

The Government of South Korea on the first investment treaty arbitration under the US-Korea Free Trade Agreement (Jin Hae Seo v. Republic of Korea).

• BHP Group Limited on the demerger of South32.
• BHP Group Limited on its restructure and unification of its dual listing on the ASX.
• BHP in defending a shareholder class action arising from the Samarco Dam failure.

• The Football League - long-standing client of the Herbert Smith and in relation to the breakaway of the top 20 English clubs in forming the Premier League.
• Lord Trefgarne, former Minister for Trade at the Scott 'Arms to Iraq' Inquiry in the 1990s.
• Association of Conservative Peers in challenging part of the law that removed most hereditary membership of the House of Lords.{{Cite book |last=Phillips |first=Tom |title=A History of Herbert Smith |publisher=Internation Financial Law Review |year=2007 |isbn=9781843744825 |location=London |publication-date=2007 |pages=241 |language=English}}
• The Government of Chile in the Pinochet case. Lawrence Collins KC appeared whilst partner at Herbert Smith having a few months earlier become the first solicitor to exercise rights of audience in the House of Lords when he represented the Law Society on the issue of barristers' costs in legally aided criminal trials.{{Cite book |last=Phillips |first=Tom |title=A History of Herbert Smitj |publisher=International Financial Law Review |year=2007 |isbn=9781843744825 |location=London |publication-date=2007 |pages=221 |language=English}}
• Mohamed Al Fayed on the acquisition of Harrods.
• Time Warner on its acquisition of America Online (AOL) – the largest merger of all time.
• Arriva on its recommended £1.6 billion takeover by Deutsche Bahn AG.
• Capital & Counties Properties on its recommended all-share merger with Shaftesbury Plc resulting in a combined portfolio worth £5 billion.
• Crown Resorts on its A$9.3 billion takeover by Blackstone.
• OneWeb on its combination with Eutelsat Communications valuing OneWeb at US$3.4 billion.
• Coca-Cola HBC on acquisition of the Finlandia vodka brand from Brown-Forman.
• British American Tobacco on its $49 billion agreed takeover of Reynolds American, as well as on its $13 billion merger with Rothmans.
• The Takeover Panel on Softbank's £24 billion takeover of ARM.
• BP on the Gulf of Mexico crisis (Deepwater Horizon oil spill).
• TSB Bank on its separation from Lloyds Banking Group.
• Sky on the merger control and media plurality and broadcasting standards aspects of Twenty-First Century Fox's proposed £11.7 billion acquisition of Sky.
• Jon Hillary in respect of a claim brought against him and his co-defendants by Ocado alleging misuse of confidential information and breach of duty.
• Primark on its successful complaint against the BBC over broadcast of the Panorama programme which included faked footage of Primark's supply chain and Associated British Foods generally.
• AO World on its IPO.
• Abbvie on obtaining EU merger control clearance for its US$63 billion acquisition of Allergan.
• Uber Technologies on the merger control aspects of its US$3.1 billion acquisition of Careem (the largest ride sharing provider in the Middle East).
• Sinopec in its successful multi-billion dollar SIAC claim in fraud arising from the purchase of oil and gas assets in the UK North Sea, including advising on related proceedings before the Singapore International Commercial Court.
• Government of Malaysia as the successful party in a US$1.2 billion ad hoc arbitration against the Republic of Singapore concerning the interpretation of a bilateral treaty.
• Bernie Ecclestone (former CEO of the Formula One Group) in relation to a series of disputes arising in connection with bribery allegations.
• Binance in the first reported case in England in which an injunction was fully (and successfully) contested by an exchange on the return date (Piroozzadeh v Persons Unknown).
• High Speed Two (HS2) Limited on the technology and telecommunications related elements of the HS2 project.
• Tesco in relation to thousands of claims under the equal pay provisions of the Equality Act (including expedited High Court proceedings).
• ICBC Standard Bank Plc in relation to the UK's first-ever Deferred Prosecution Agreement and the first case brought for the offence of failure to prevent bribery by an associated person (section 7 of the Bribery Act 2010), as well as the disposal of the US criminal and civil investigations.
• UBS in relation to the regulatory and criminal proceedings following the Kweku Adoboli £1.3bn rogue trading incident.
• ClearBank on its establishment as the UK's first new clearing bank in 250 years.
• Nord Stream AG on a €400 million insurance claim pursued in litigation for damage sustained to the Nord Stream 1 pipeline in September 2022.

• Francis Freehill (1854-1908), Australian solicitor and activist.
• Bernard Austin Freehill (d.1880), Australian solicitor and founder of one of the constituent firms that later became Freehills and brother of Francis Freehill.
• Norman Herbert Smith (1857-1920), founder of the firm Norman Hebert Smith (later Herbert Smith).
• Francis Mann CBE, FBA, QC (Hon.) (1907-1991), a German-born British jurist and one of the most influential legal scholars of his generation.
• David Malcolm AC, QC (1938 - 2014), former partner and Chief Justice of Western Australia from 1988-2006.
• Garry Hart, Baron Hart of Chilton (1940-), member of the House of Lords, Expert and then Special Adviser to the Lord Chancellor.
• Lawrence Collins, Baron Collins of Mapesbury (1941-), British judge and former Justice of the Supreme Court of the United Kingdom and first solicitor to have reached such a senior level within the judiciary.
• Bo Vesterdorf (1945-), former Danish judge who has been President of the European Court of First Instance.
• David Gold, Baron Gold (1951-), former senior partner and founder of David Gold & Associates.
• Keith Steele (1951-2009), former senior partner of Freehills, New Zealand cricketer and author.
• Margaret Mountford (1951-), Northern Irish lawyer, businesswoman, academic and television personality best known for her role in The Apprentice.
• Peggy O'Neal (1952-), American-born Australian lawyer who, from 2013 to 2022, served as the president of the Richmond Football Club in the Australian Football League (AFL), being the first woman in AFL history to serve as a club president.
• Trevor Asserson (1956-), British lawyer, founder and Senior Partner at Asserson Law Offices.
• Nicholas P. Tott (1960 – 2017), former partner key advisor to the UK government in the design and implementation of the Private Finance Initiative (PFI), and latterly, the Public Private Partnership (PPP) for the development of new infrastructure, which has since been adopted as a model all over the globe.{{Cite web |title=Nicholas P. Tott 1960 – 2017 |url=https://www.highschoolofdundee.org.uk/obituary/mr-nicholas-p-tott-1960-2017/ |access-date=2024-11-21 |website=High School of Dundee |language=en-GB}}
• Richard Loveridge (1963-), former Australian rules footballer who played with Hawthorn in the Victorian Football League (VFL) during the 1980s.
• Suzie Miller (1963/4-), Australian playwright, librettist, screenwriter, and lawyer.
• Thomas Leech (1964-), British High Court judge.
• Sir Adam Johnson (1965-), British High Court Judge.
• Ewen Fergusson (1965-), former partner, business advisor and public servant.
• Sir Ed Davey (1965 -), British politician and leader of the Liberal Democrats since 2020.
• Clare McGlynn (1970-), Professor of Law at Durham University, member of the UK Parliament's Independent Expert Panel.
• Mark Reckless (1970-), British politician.
• David Allen Green (1971-), British lawyer and writer.
• Kelly O'Dwyer (1977-), former solicitor at Freehills, and former Australian politician. She served in the House of Representatives from 2009 to 2019, representing the Liberal Party, and held senior ministerial office from 2015 to 2019.
• Chuka Umunna (1978-), British businessman and former politician who served as Member of Parliament (MP) for Streatham from 2010 until 2019.
• Matt Keogh (1981-), Australian politician, Minister for Veterans' Affairs and Minister for Defence Personnel in the Albanese government.
• Clancy Rudeforth (1983-),former Australian rules footballer who played for the Claremont Football Club in the West Australian Football League (WAFL), captaining the side from 2009 to 2011.
• Alex Ryvchin (1983-), Australian author, advocate, media commentator, and lawyer.
• Timothy McEvoy, judge of the Federal Court in Australia.
• Sophie Deen, British children's author and leader in the field of coding and STEM for young people and CEO of Bright Little Labs.
• David Kershaw, Professor of Law at the London School of Economics (LSE) and the current Dean of LSE Law School.
• Kate Jenkins AO, Australian human rights lawyer and commissioner and sports administrator.
• Kathleen Farrell, former partner and judge of the Federal Court of Australia.

{{Reflist}}

• [http://www.herbertsmithfreehills.com/ Herbert Smith Freehills]

{{Law firms of the United Kingdom}}

Category:Law firms of the United Kingdom

Category:Law firms of Australia

Category:Law firms established in 2012

Category:Foreign law firms with offices in Japan

Category:Foreign law firms with offices in the United States

Category:2012 establishments in the United Kingdom

Category:2012 establishments in Australia

Category:Foreign law firms with offices in Hong Kong