NEW ZEALAND LAWYER MAGAZINE
nzlawyermagazine.co.nz
Issue 8.4
NZ Law Awards 2016 | Dell Technologies’ Kristin Brown | Employment law | Russell McVeagh’s Gary McDiarmid
12TH ANNUAL NEW ZEALAND LAW AWARDS Recognising 2016’s best firms, in-house legal teams and dealmakers across the country
ISSUE 8.4
LEGISLATIVE AGENDA What may be on the cards for employment lawyers in 2017?
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BRAVE NEW WORLD Dell Technologies’ Kristin Brown on life after the mega merger
A CHAMPION OF CHANGE AND DIVERSITY Russell McVeagh’s Gary McDiarmid on market challenges and embracing diversity
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ISSUE 8.4
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CONTENTS
@NZ_Lawyer plus.google.com/+nzlawyer facebook.com/NewZealandLawyer
UPFRONT 04 Legal insight
Women in practice share their thoughts as to how gender affect s their career prospects
06 Opinion
ODR vs online courtrooms
08 Deals round-up 12 Appointments
FEATURES 42 Leadership development
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Which is better for your circumstances: coaching or mentoring?
PEOPLE 14 Brave new world
Dell Technologies’ Kristin Brown on life after the largest tech deal in history
COVER STORY
NEW ZEALAND LAW AWARDS 2016
Recognising the outstanding achievements of the top firms, in-house legal teams and dealmakers across the country
46 Career path
Danielle McLaughlin: from small-town Kiwi to New York lawyer and author
48 Other life
Insurance lawyer Sierra Ryland on her iron woman endeavours PROFILE
A CHAMPION OF CHANGE & DIVERSITY
Russell McVeagh CEO Gary McDiarmid celebrates two decades heading up the firm
18 FEATURES
LEGISLATIVE AGENDA
The regulatory landscape in employment law
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UPFRONT
EDITORIAL
Reflections and ruminations
www.nzlawyermagazine.co.nz DECEMBER 2O16 EDITORIAL Production Editor Roslyn Meredith
Sales Manager Paul Ferris
CONTRIBUTORS
Marketing and Communications Manager Lisa Narroway
Ben Abbott Denise Fleming Lloyd Gallagher Libby Macdonald Samantha Woodhill
ART & PRODUCTION
I
t’s difficult to believe we’ve reached the end of another year but, sure enough,
2016 has almost come and gone, and the challenges and opportunities of 2017 will soon be upon us. In November, a record 610 legal professionals came together at The Langham Auckland for a celebration of the tremendous accomplishments that continue to be racked up by members of the legal industry around the country. Hosted by Leah Panapa and supported by our event partner, Crowe Horwath, the New Zealand Law Awards were an opportunity to acknowledge the particular efforts of 28 firms, in-house legal teams and dealmakers. In this issue of NZLawyer, we have all of the results for you in our cover feature, and once again we would like to extend congratulations to those recognised at the November ceremony. Elsewhere in this issue, our employment law feature reflects on the new laws that have kept practitioners busy in the year that’s been, as well as the new items they may find on the legislative agenda in 2017. Kristin Brown, Dell Technologies’ head of legal for Australia and New Zealand, talks to NZLawyer about life at Dell following the organisation’s US$67bn acquisition of EMC, an agreement that represents the largest tech deal in history. Additionally, Russell McVeagh CEO Gary McDiarmid sits down to discuss the challenges the New Zealand industry must grapple with, and the firm’s initiatives to promote diversity and inclusion. There’s plenty to read about in this issue of NZLawyer. We thank you for your support of the publication again this year and wish you well for the holiday season and the year ahead. The NZLawyer editorial team
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Traffic Coordinator Freya Demegilio
CORPORATE Chief Executive Officer Mike Shipley Chief Operating Officer George Walmsley Managing Director Justin Kennedy Chief Information Officer Colin Chan Human Resources Manager Julia Bookallil
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ssion of for loss
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UPFRONT
STATISTICS
EYEING THE EXITS
THE NATIONAL PICTURE The spread across the nation of 6,683 male and 6,133 female lawyers includes 28 centres (out of a total of 164) that have more female lawyers than male; another 10 are dead even, and three small centres have only women practitioners.
Female practitioners say their gender affects their prospects; they are also more likely to leave the law
FEMALE KIWI lawyers say their gender is an issue in their career, and one that sometimes culminates in their decision to leave the industry. According to research by the University of Otago, two thirds of female respondents working in the law believe their gender will have an effect on their progress and future in their chosen field. Female practitioners are more inclined to exit the profession, leaving at a rate that is several percentage points
higher than that of their male colleagues. This difference kicks in early, with a higher percentage of women who are admitted to the law electing not to enter practice. However, if the statistics of those engaged in the study of law, or freshly graduated, are any indication, the balance in law schools is tipping towards the ladies – figures from 2014 put the proportion of female law students at 58%, while those who completed a law degree that same year were 56% female.
*Includes those holding a practising certificate issued by the New Zealand Law Society who are based overseas Legend
Men
38
23.4
24
Average age of female lawyers; Average years’ practice for female for male lawyers it’s 45.3 sole practitioners; for males it’s 33.1
Percentage of female partners in multi-lawyer firms
Women
27
Number of New Zealand’s 101 queen’s counsels who are female
Source: Snapshot of the Profession, Geoff Adlam, LawTalk, New Zealand Law Society, 2016
DOES GENDER MATTER?
LEAVING THE LAW? Slightly fewer females than males considered it likely they would still be working in the law in five to 10 years’ time (percentages show likelihood of remaining in practice). 100
83%
80
73% 70%
40 20 0
58%
62.3%
Respondents at small firm
67.2%
Respondents in the public sector
56.5%
Respondents working in-house
77.3%
Respondents working for barrister/chambers 10 years
Source: First Steps: The Experiences and Retention of New Zealand’s Junior Lawyers, University of Otago Faculty of Law, Josh Pemberton, University of Otago Faculty of Law, 2016
4
68.4%
Respondents at medium firm
Female respondents Male respondents 5 years
73.3%
Respondents at big firm
55%
2 years
66.7%
All female respondents
81% 60
The proportion of female respondents answering ‘yes’ to the question: ‘Do you consider that your gender has any bearing on your prospects or future in the legal profession?’ was high, with exactly two thirds of female respondents answering in the affirmative.
0
20
40
60
80
100
Source: First Steps: The Experiences and Retention of New Zealand’s Junior Lawyers, Josh Pemberton, University of Otago Faculty of Law, 2016
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Taupo Overseas* 53%
60
Whangerei 55%
45%
47%
Auckland 53%
Hamilton
Other centres 56%
40%
50%
44%
47%
Tauranga 50%
54%
New Plymouth 54%
Whanganui 60%
Gisborne
46%
58%
40%
62%
56%
57%
55%
37%
43%
Lower Hutt 50%
48%
50%
Queenstown
Porirua
56%
50%
Invercargill
39%
Wellington
Dunedin 56%
63%
45%
Christchurch
44%
Napier
Rotorua
38%
44%
52%
42%
Hastings
Palmerston North Nelson
46%
50%
Timaru
44%
60%
53%
Blenheim 57%
61%
47%
43%
40% Source: Snapshot of the Profession, Geoff Adlam, LawTalk, New Zealand Law Society, 2016
RISING ADMISSIONS
LONELY AT THE TOP
The number of women admitted to become barristers or solicitors has outstripped the number of men since 1993. The most recent figures, for those admitted in 2015, show that six out of every 10 were female.
Half of all Kiwi law firms consist of sole practising lawyers, and the majority of the remainder are small firms. Broadly speaking, the more lawyers a firm boasts, the smaller the proportion of women at the top is likely to be.
100 90 80
44.8%
70 60
% of female practising certificate holders
50 40
27.6%
30 20 10 0
% of female partners/directors Male Female 1980
1985
1990
1995
2000
2005
2010
2015
Source: Snapshot of the Profession, Geoff Adlam, LawTalk, New Zealand Law Society, 2016
0
10
20
30
40
50
Source: Snapshot of the Profession, Geoff Adlam, LawTalk, New Zealand Law Society, 2016
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UPFRONT
OPINION
ODR VS ONLINE COURTROOMS Innovations have their place in the new legal landscape, writes Lloyd Gallagher. However, some legal complexities defy algorithms
LET ME begin with a quick look at the main principle that drives parties to litigate. The purpose of litigation is to provide an end to a dispute. This end is designed to be final and to prevent parties from readdressing arguments – the principle of res judicata. By contrast, in alternative dispute resolution (ADR), trained practitioners work as either arbitrators or mediators (or both in some cases) to assist parties with the development of resolutions to their problems with an aim to final resolution.
Online dispute resolution (ODR) has been suggested to be the one-stop automated solution that is cheap and effective for solving disputes, and despite the complexities of our legal frameworks, some still argue that ODR is the only technology needed, as everything can be boiled down to an algorithm of pros and cons that a heuristic artificial intelligence (AI) system can interpret to achieve resolution. However, these arguments usually come from ODR software developers, and anyone who has
Disputes escalate from emotional perspectives ... Litigants often miss issues or combine issues in a way that even the most advanced AI system is unlikely to be able to detangle Where the two approaches differ the most is that litigation takes place in the court environment and in general involves matters that require interpretation of the law (Bulk Gas Users Group v Attorney-General [1983] NZLR 129 (CA)).
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ever sat across from arguing parties knows that not all disputes are that simple. In my experience, disputes escalate from emotional perspectives that often take the irrational as rational and see disputants approaching litigation with a ‘scattergun’.
Litigants often miss issues or combine issues in a way that even the most advanced AI system is unlikely to be able to detangle. Further, litigants can become disgruntled with resolutions that they consider may have failed to hear or properly take account of their arguments and points of view. Discovery also creates a range of technical difficulties that are not well suited to basic ODR solutions. Lack of data input where a complex problem is in issue and parties are still getting to the heart of what they are
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GOT AN OPINION THAT COUNTS? E: paul.ferris@keymedia.com.au
disputing only confuses heuristic responses (similar to how Google searches can be frustrating depending on how you input your search terms). A further example of the potential unsuitability of automated ODR is instances where there may be legislative provisions that ‘cross swords’ or encroach upon other legislative instruments with similar intent or focus (environmental and resource management law in particular is subject to this problem). These kinds of difficulties can
lead an algorithm to make mistakes of law, and any ODR system must tread carefully to focus its data input on the correct legislative framework. These are the types of problems traditional ADR and litigation are designed to deal with. Complex issues that may require ongoing relationships and discussion of technicalities (for example, separation agreements, commercial relationships and environmental disputes – I am sure you can think of more!) require a more considered approach than
can be offered by ODR. This is where they and ODR differ – matters involving this level of complexity (and the potential for error where law is not correctly applied) are not, in the author’s opinion, suited to being placed into the realms of automated ODR and are better suited to properly designed online courtrooms that do not substitute for the trained legal mind in interpreting things like disputed data or questions of statutory interpretation. It is in these areas that online courtrooms come into their own, as there is no attempt to take trained practitioners or judges out of the equation. Lawyers and judges can still apply the appropriate framework, sift through complexities and bring parties back on task (as seen in Waitakere City Council v Estate Homes Ltd [2007] 2 NZLR 149; [2006] NZSC 112, which was a good illustration of practitioners and the court working through difficulties and challenging arguments and data). Technology should provide tools to assist, not a replacement for, the considered mind and logical approach that allows people – judges and practitioners alike – to reason and determine complex matters involving cognitive and behavioural issues. However, that does not mean that simple problems cannot have an automated solution, and it is here that automated ODR systems have a role to play. Dispute resolution solutions such as those employed by eBay and developed by Modria are examples of automated systems that can work for simple transactions requiring no maintenance of relationship and involving no real legal technicalities. This article first appeared in LAWNEWS, Issue 37 (21 October 2016), published by Auckland District Law Society Inc., and is reproduced here with permission.
Lloyd Gallagher acts as arbitrator and mediator in alternative dispute resolution around the world. Lloyd uses his strong IT background to develop solutions focusing on access to justice, collaboration, and technology security.
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UPFRONT
TRANSACTIONS
DEALS ROUND-UP Value (NZ$)
Adviser
Client
Trustpower demerger into two separate companies
~$3.8bn
Russell McVeagh
Trustpower
Joe Windmeyer, Numerous other firms Sarah Armstrong, Matt advising on finance aspect Kersey, John-Paul of transaction Rice, Fred Ward, David Raudkivi
Nuplex Industries acquisition by Allnex New Zealand Limited
$1.07bn
Russell McVeagh
Allnex Belgium SA/NV
Joe Windmeyer, John-Paul Rice, Ian Beaumont
Allen & Overy, Bell Gully, Allens
Nuplex acquisition by Allnex by scheme of arrangement
$1b
Bell Gully
Nuplex Industries Limited
Gavin Macdonald James Cooney
Russell McVeagh Allens Linklaters
Puhoi to Warkworth motorway
$709.5m
Bell Gully
New Zealand Transport
Hugh Kettle
Chapman Tripp, Anderson Lloyd, Russel McVeagh, King & Wood Mallesons, Ashurst
Partial sale of Kiwibank to NZ Super Fund and Accident Compensation Corporation
$494mn
Bell Gully
Guardians of New Zealand Superannuation
Brynn Gilbertson, Rachel Paris
Chapman Tripp, Simpson Grierson, MinterEllisonRuddWatts, Russell McVeagh
Sale of Queensgate and Chartwell shopping centres
$445m
Russell McVeagh
Scentre Group
Ed Crook, Daniel Williams
Bell Gully
Stride Property Limited acquisition of Westfield Queensgate Lower Hutt and Westfield Chartwell Hamilton, New Zealand
$445mn
Bell Gully
Stride Property Limited
Jane Holland
Westpac NZD Subordinated Notes retail offer
Offer size $400mn
Chapman Tripp
Westpac Banking Corporation
Mark Reese
Trustpower exchange and general bond offer
$377mn
Russell McVeagh
Trustpower
John-Paul Rice
Numerous other firms advising on finance aspect of transaction
Sale of Maui pipeline to First State Investments
$335mn
Chapman Tripp
Maui Development Limited
Matt Yarnell, Greg Wise
Bell Gully, Minter Ellison
Capital Environment Holdings Ltd/ BCG NZ Investment Holding Ltd acquisition
$320.1m
Russell McVeagh
Capital Environment Holdings Ltd
Mei Fern Johnson, Dominic Rowe
Skaddens
Transaction
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Lead lawyer(s)
Additional firms involved
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Transaction
Value (NZ$)
Adviser
Client
Lead lawyer(s)
Additional firms involved
Flacks & Wong
Tomra Systems acquisition of Compac Holdings
$70–$300m MinterEllisonRuddWatts Tomra Systems ASA
Cameron Taylor, Ben Jacobs
National hotel sales program
$274m
Bell Gully
Host Hotels & Resorts Inc.
David Chisnall
Fonterra Cooperative Group sale and joint venture of its Darnum infant formula plant with Beingmate Baby & Child Food Company
$215m
Russell McVeagh
Fonterra Cooperative Group
Graeme Quigley, Lance Jones
Arnold Block Leibler, Ashurst, MinterEllisonRuddWatts
Blackstone acquisition of stake in Partners Life
$200m
Bell Gully
Blackstone
Glenn Joblin, Anna Buchly
Chapman Tripp, Simpson Thacher & Bartlett
NZME and Fairfax NZ merger
Undisclosed
Chapman Tripp
NZME
Rachel Dunne, Kelly McFadzien, Philip Ascroft
Russell McVeagh
Exit of Crown Fibre Holdings Limited from its UFB1 investment in Ultrafast Fibre Limited
$189m
Bell Gully
Crown Fibre Holdings
Anna Buchly
Tomkins Wade
Investore’s IPO and NZX Main Board listing
$185m
Chapman Tripp
Goldman Sachs
Roger Wallis, Joshua Pringle
Bell Gully
Acquisition of equity interest in Australian National University student accommodation
~A$165m
Chapman Tripp
Infratil
Josh Blackmore, Tom Jemson
Minter Ellison, King & Wood Mallesons
New Zealand King Salmon IPO
$154.5m
Russell McVeagh
First NZ Capital Securities Limited and Macquarie Capital (New Zealand) Limited
David Raudkivi, Ian Beaumont
Chapman Tripp
Synlait Milk Limited entitlement offer and private placement
$98m
MinterEllisonRuddWatts
Synlait Milk Limited
Silvana Schenone, Cathy Quinn, Igor Drinkovic
Russell McVeagh
Synlait Milk rights offer
$97.6m
Russell McVeagh
First NZ Capital
Pip Greenwood, Ian Beaumont
MinterEllisonRuddWatts
Golden Wing Mau Agricultural Produce Corporation on its acquisition of T&G Global Limited from Bartel Holdings Limited and Tiger Ventures NZ Limited
$72.3m
Bell Gully
Golden Wing Mau Agricultural Produce Corporation
Toby Sharpe
Chapman Tripp
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UPFRONT
TRANSACTIONS Value (NZ$)
Adviser
Client
Lead lawyer(s)
Additional firms involved
CBL Corporation Limited private placement and share purchase plan
$63m
MinterEllisonRuddWatts
CBL Corporation
Silvana Schenone, Igor Drinkovic
Bell Gully
CBL Corporation Limited private placement and share purchase plan
$60m
Bell Gully
UBS NZ
Toby Sharpe
MinterEllisonRuddWatts, Baker & McKenzie, Allen & Overy
Trilogy International’s underwritten $20m placement, $5m share purchase plan, and ASX listing application
$55m
Chapman Tripp
Trilogy
Roger Wallis, Luke Bowers
Sale of Bartel Holdings’ strategic $38.8m stake in T&G Global to Golden Wing Mau Agricultural Produce Corporation
Chapman Tripp
Bartel Holdings
Roger Wallis, Joshua Pringle
Bell Gully
Sale of Tiger Ventures NZ’s strategic $33.5m stake in T&G Global to Golden Wing Mau Agricultural Produce Corporation
Chapman Tripp
Tiger Ventures NZ, Direct Capital IV Management
Tim Tubman, Rachel Dunne
Bell Gully
Flight Forests sale
$30.1m
Russell McVeagh
New Forests Asset Management Pty Limited as manager for Blenheim Estate Limited
Alan Paterson, Daniel Williams
Radich Law
MediaWorks joint venture for the Bravo Channel with NBCUniversal
Confidential
MinterEllisonRudd Watts MediaWorks TV Limited
Mark Forman, Richard Wells
Russell McVeagh
Acquisition of business and assets of Duncan’s Pharmacy Limited, and merger of Mana Pharmacy Limited and Healthcare Wairarapa Limited
Confidential
MinterEllisonRuddWatts
Mana Pharmacy Limited and Pharmacy Solutions Limited
Rodney Craig
Gawith Burridge
Sale of majority stake in Macquarie Private Wealth (MPW) to Warren Couillault and certain MPW employees
Confidential
MinterEllisonRuddWatts
Macquarie Group Holdings New Zealand Limited, Macquarie Capital (New Zealand) Limited
Silvana Schenone, Lloyd Kavanagh, Harriet Blackburn
Simpson Grierson
Forestlands forests sale
$23.5m
Russell McVeagh
New Forests Asset Management Pty Limited as manager for Wairarapa Estate Limited and Southland Estate Limited
Alan Paterson, Daniel Williams
McFadden McMeeken Phillips
China Resources acquisition of minority stake in Comvita Limited
$21m
Russell McVeagh
China Resources Ng Fung Limited
Pip Greenwood, Ian Beaumont
Sharp Tudhope,
Transaction
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Value (NZ$)
Adviser
Client
Lead lawyer(s)
Additional firms involved
Tiaki Plantations Company share sale by Hastings Funds Management Limited
Confidential
MinterEllisonRuddWatts
Hastings Fund Management
Mark Forman
Russell McVeagh
Waterman Capital investment in My Food Bag
Confidential
Russell McVeagh
My Food Bag
Pip Greenwood, Ian Beaumont
Chapman Tripp
Acquisition of TBI Health rehabilitation business by a partnership led by Southern Cross Hospitals Limited
Confidential
MinterEllisonRuddWatts
Southern Cross Hospitals Limited
Mark Forman, Paige Howard Smith
Gibson Sheat
Sale of majority stake in Macquarie Private Wealth (MPW) to Warren Couillault and certain MPW employees
$15.65m
MinterEllisonRuddWatts
Pencarrow Private Equity
Mark Forman, Steve Gallaugher
Bell Gully
Acquisition of Buy Right Cares Group
$15.3m
Chapman Tripp
Turners
Roger Wallis, Luke Bowers
Wynn Williams
Transaction
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UPFRONT
MARKET MOVEMENTS
APPOINTMENTS RUSSELL MCVEAGH STRENGTHENS PARTNERSHIP WITH FOUR NEW PARTNERS
SENIOR ASSOCIATE APPOINTMENTS
Russell McVeagh has announced four significant partnership appointments, Daniel Minhinnick, Troy Pilkington, Marika Eastwick-Field and Ian Beaumont. Each brings expertise that further strengthens the firm’s dynamic network of specialists. Daniel Minhinnick will maintain a broad resource management practice in the firm’s Environment, Planning and Natural Resources Group. Troy Pilkington will focus on competition and consumer law issues, including multinational and local M&A transactions, and Fair Trading Act, cartel, and other antitrust investigations. Marika Eastwick-Field bolsters the firm’s commercial litigation capability, with a particular focus on real estate and construction, insurance and financial services litigation.
Ian Beaumont’s appointment further enhances the National Corporate Advisory Group’s capital markets offering.
FIRM
LAWYERS PROMOTED OR LATERALLY APPOINTED
Russell McVeagh
Lucy Becke, Will Irving, Michael Mabbett, Joanna Khoo
MinterEllisonRuddWatts
Tanya Wood, Jennifer Hambleton
Kensington Swan
Cait Fleming, Karen Mace
Harmos Horton Lusk
Emma Barnett
PARTNER PROMOTIONS FIRM
LAWYERS PROMOTED
Russell McVeagh
Daniel Minhinnick, Troy Pilkington, Marika Eastwick-Field, Ian Beaumont
Kensington Swan
James McMillan
SPECIAL COUNSEL APPOINTMENTS FIRM
LAWYERS PROMOTED OR LATERALLY APPOINTED
MinterEllisonRuddWatts
Benjamin Jacobs, Tom Kelly
Kensington Swan
Helen Brown
LATERAL PARTNER APPOINTMENTS NAME
PRACTICE AREA
LEAVING
Bianca Tree
Environment & resource management Heimsath Alexander
MinterEllisonRuddWatts
Michael Jonas
Banking & finance
Chapman Tripp
Heartland Bank
GOING TO
OTHER APPOINTMENTS NAME
FIRM/ORGANISATION
TITLE
Tracey Epps
Chapman Tripp
Consultant
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PEOPLE
KRISTIN BROWN
14
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BRAVE NEW WORLD Dell Technologies’ legal head for Australia and New Zealand, Kristin Brown, talks to NZLawyer after the company’s mega merger with EMC “I’M IN the brave new world,” says Kristin Brown, not convinced she’s completely out the other end of the largest tech deal in history, the US$67bn acquisition of EMC by Dell Technologies. Brown is the head of legal for Australia and New Zealand, but also the marketing, privacy and online legal head for the whole of Asia. On this particular morning when NZLawyer sits down with her at her office in Sydney, she has started her day at 7am with calls to the US. “In any one day I could be doing any number of things,” she says. “We obviously sit in an open-plan office, so it’s one of those situations where you don’t
escape clients because they just walk up to your desk, which is great. “I think one of the things I like most about my job is that you do work closely with the business, but they also know exactly where you sit, so there’s no escape. “So I spend a lot of time with people just coming up and asking me questions.”
Spanning the Tasman Brown takes her trans-Tasman role completely in her stride, but it seems she couldn’t do what she does without the support of what she refers to as the extension of her legal team. With the majority of her legal team based in Sydney,
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PEOPLE
KRISTIN BROWN THE EARLY YEARS
l CAREER TIMELINE
1998–2001 Solicitor, Alfred J Morgan & Son
2001–2002 Legal counsel, Austar United Communications
2002–2008 Corporate counsel, Optus
2008–2009 Senior legal counsel, Batelco, Bahrain Kristin Brown began her legal life at Alfred J Morgan & Son, a small family-run city firm in Sydney, before moving in-house to Austar, prior to its acquisition by Foxtel. Realising the limitations of the pay TV industry, she then moved to Optus, where she spent six and a half years before a two-year stint in Bahrain. “I got there and they only had one telco,” she says. “So this is 2008; it’s not that long ago. But they only ever had one telco carrier, the incumbent, the Telstra. They’d never had competition.” Brown worked as senior legal counsel at Batelco, Bahrain’s telecoms provider, for a little over a year. Sitting across a table from men dressed in immaculate Arabic dress, all talking about how terrible a competitor would be for business, was an eye-opener, she says. “It’s sort of where I realised that the worldwide legal community is actually quite small, because I actually knew some people when I got there, which was quite interesting,” she says. “I really loved it.”
“I don’t think they suffer any significant impact having us sitting in Australia and our GM sitting over in New Zealand” Brown uses external counsel for most of the legal work the team does in New Zealand. “The laws are pretty similar,” she says. “We often have customers who ... serve both Australia and New Zealand; they support both markets as well. “I think because of the trans-Tasman
16
aspect, they’re also quite familiar with Australian laws as well as New Zealand laws.” Brown says, from a resourcing perspective, having one team operating across the Australian and New Zealand operations is cost-effective and works well. “I don’t think they suffer any significant
2010 (Jan–June) Corporate counsel, AAPT (fixed-term contract role)
2010–present Head of legal – Australia and New Zealand, Dell
impact having us sitting in Australia and our GM sitting over in New Zealand.”
Life at Dell For Brown, life at Dell is truly multinational. “I’m dealing with people in lots of different parts of the world, learning a lot from other people about their systems and what they do,” she says. Her day normally begins with calls to the US in the morning and wraps up with calls to the UK in the evening. But everything in between is often full of surprises, she says. “Sometimes regulators walk into the building and want to speak to someone,” she says. “Sometimes we have a particularly cranky customer, so I might be dealing with a customer escalation. So all manner of
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THE NEXT INDUSTRIAL REVOLUTION In September, following its merger with EMC Corporation, Dell Technologies announced it had become the world’s largest privately controlled tech company, comprised of Dell, Dell EMC, Pivotal, RSA, SecureWorks, Virtustream and VMware. The company serves 98% of the Fortune 500. “We are at the dawn of the next industrial revolution,” chairman and CEO Michael Dell said in a statement. “Our world is becoming more intelligent and more connected by the minute, and ultimately will become intertwined with a vast Internet of Things, paving the way for our customers to do incredible things. This is why we created Dell Technologies. “We have the products, services, talent and global scale to be a catalyst for change and guide customers, large and small, on their digital journey.” The transaction merging the two companies closed on 7 September. EMC shareholders received $24.05 per share in cash, in addition to a tracking stock linked to a portion of EMC’s economic interest in the VMware business.
different things pop up during the day, so it always makes for a very interesting time. “I’m really interested in developing my team, so I tend to spend a lot of time on that with them.” Being an IT company, Dell is well set up for its employees to work from any location. Sometimes Brown likes to take a short break from Sydney life and log in to work from her mum’s place. It’s a mature approach to flexibility, she says. “Everyone from my team works from home at least one day a week,” Brown says, praising Dell’s numerous flexible working policies. “I think I’ve got some people on my team that are definitely working at a place like this because of the flexibility.” The focus is on output, rather than physically sitting at your desk, she says.
“I think one of the things I like most about my job is that you do work closely with the business, but they also know exactly where you sit, so there’s no escape” “[The team] work from home when they need to. We have staggered work hours as well, so in terms of flexible work practices, if someone wants to start at 10 and be here until whatever time in the day, great. If you’re an early starter and you want to be in the office at six, great.” The flexible model is something that Brown predicts is likely to develop across the board in the legal industry. She explains,
for example, that Dell has started to use a NewLaw firm to assist with contract work. “I anticipate that we’ll see more opportunity in that area. I’m seeing these NewLaw firms pop up now, offering flexible arrangements,” Brown says. “I think we’re going to see more NewLaw opportunities coming up – a proliferation of these types of NewLaw models. No doubt that’s where we’ll head.”
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FEATURES
EMPLOYMENT LAW
LEGISLATIVE AGENDA Employment lawyers have been busy advising on the implications of two new laws in 2016, and if past elections are any guide, 2017 could add new items to the legislative agenda
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APRIL 2016 was a big month for employment lawyers in New Zealand. After long months of advisory work, both the Health and Safety at Work Act and the Employment Relations Amendment Act came into force, stimulating client demand for ongoing legal advice. “Health and safety continues to be a real focus following the introduction of the Act in April this year,” Buddle Findlay partner Hamish Kynaston tells NZLawyer. “The ‘minimum standards’ legislation has also had some consequences the market did not foresee, although these will bed down and will not trouble most employers,” he says. The health and safety regime remains high on the legal risk agenda in boardrooms as the year comes to a close. Companies are still grappling with new responsibilities designed to improve workplace safety and reduce fatalities. Likewise, employers are still adjusting to the new minimum standards, which include the threat of strengthened enforcement measures. Lawyers – particularly those at a senior level – are being called on to help chart a course through the evolving legislative milieu, which may be set for more new changes in 2017.
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FEATURES
EMPLOYMENT LAW
“For some businesses, [the Health and Safety at Work Act] has led to a renewed focus on ensuring their systems are compliant, comprehensive, up to date and fit for purpose. For others, it has led to a desire to establish and drive a transformed culture of safety” Jennifer Mills, Anthony Harper Safety first Anthony Harper partner Jennifer Mills says the health and safety regime has received a lot of attention from businesses in various sectors, including from directors and senior management. “For some businesses, it has led to a renewed focus on ensuring their systems are compliant, comprehensive, up to date and fit for purpose,” Mills says. “For others, it has led to a desire to establish and drive a transformed culture of safety throughout their business.” Anthony Harper, for example, has been engaged in particular by clients who have required a change in their practices, policies,
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or terms and conditions of employment. Key health and safety law changes include the introduction of the concept of a PCBU (person conducting a business or undertaking), as well as an obligation for these persons to engage in ‘horizontal consultation’ across organisations if they have shared obligations under the Act. A reasonable standard of due diligence is also now required of PCBU officers – including directors – and the legislation is backed by a tiered range of tougher financial penalties. “For a body corporate, a PCBU that commits an offence may be liable to a penalty of up to $500,000, $1.5m or $3m, depending
on the seriousness of the offence,” Mills says. MinterEllisonRuddWatts partner Megan Richards says her firm has been able to draw on the experience of colleagues in Australia, where state governments have rolled out similar laws. “This has allowed us to provide valuable learnings and predictions to clients on the way the Act is likely to be interpreted and applied by Worksafe NZ and the courts,” Richards says. The potential of the law to yield ongoing business is reflected in MinterEllisonRuddWatts’ recruitment of health and safety consultant John O’Rourke to meet demand for advice. “The focus on health and safety compliance will continue to increase in 2017,” Richards says. “We’re predicting even more health and safety advisory work, audits, and an increase in work for our team defending prosecutions as matters work their way through the courts.”
Beyond the minimum MinterEllisonRuddWatts has witnessed the Employment Relations Amendment Act result in significant challenges for clients when it comes to interpreting and complying with the legislation and ensuring that employees’ minimum rights entitlements are met.
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For example, Richards lists measures including changes to the scope and flexibility of paid parental leave, enhanced regulatory protection around minimum rights (including prohibition of ‘zero hours’ contracts), increased obligations to keep records that show compliance with minimum entitlement provisions, and an increased focus on good-faith obligations. In addition, employers are now under the microscope. “There has been increased scrutiny of employers by the Ministry of Business, Industry and Employment to ensure they are compliant with minimum entitlements,” Richards says. However, lawyers are seeing other sources of client demand. “In the last 12 months, we have also seen an increase in the need for advice to address concerns arising from the Holidays
“The focus on health and safety compliance will continue to increase in 2017. We’re predicting even more health and safety advisory work, audits, and an increase in work for our team, defending prosecutions as matters work their way through the courts” Megan Richards, MinterEllisonRuddWatts Act, and claims of bullying or inappropriate conduct in the workplace. We have also noticed an increase in concerns arising from the use of social media,” Mills says. It appears that both employers and employees are also still confused by the lack of
legal certainty when it comes to dealing with serious misconduct and other terminations. “The legislation had been adjusted to provide a degree of discretion for employers to decide the outcome. But there is still considerable ambiguity and room for
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FEATURES
EMPLOYMENT LAW argument, which has continued to lead to grievances and disputes,” Mills explains. “Due to the relatively low level of compensation and costs awarded, employers and employees are increasingly compelled to settle and compromise their positions, irrespective of the merits of their case. Further, there is also a perception that the case law around the use of trial periods has been overly pedantic. As a result, the use of trial periods is not as simple as it could be,” she says. Buddle Findlay’s Kynaston says significant Human Rights Review Tribunal awards for ‘hurt and humiliation’ in privacy and human rights breaches have been interesting for watchers of the field. “They have far exceeded the equivalent awards in the employment jurisdiction.” He also notes that the litigation over equal pay could have a significant national impact.
The changing client Employment practices are not immune from the continued evolution of in-house legal teams, which are actively managing legal spend by being careful of what they allow out the door. “There is a constant pressure to drive costs down, and to find innovative ways of doing that, especially with the rise of boutique firms and advocates,” says Kynaston. For instance, Kynaston notes that with the growth of in-house legal departments and internal HR teams, the need for Buddle Findlay’s junior employment solicitors is being limited. “Clients primarily are seeking advice and support at a senior level. They want experts and quick turnaround. This places a real focus on recruitment and retention,” he says. A rise in employment dispute work in recent times, for example, is both a result of the ‘demystification’ of the Employment Relations Authority process, and ongoing changes in the way parties and their representatives manage overall legal costs, according to Kynaston. “Some of our clients are providing their
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A NEW PARADIGM
Kathryn Beck, SBM Legal
SBM Legal’s name partners Kathryn Beck, Don Mackinnon and Penny Swarbrick all know how diverse employment law can be when you are at the cutting edge of legal advice. At the moment, SBM Legal is seeing employers manage the impact of technological developments on their workplaces, creating both opportunities and risks. Then there are those companies that are choosing to decrease their office space, offering greater workplace flexibility and introducing concepts like hotdesking, which throw up new issues for employment lawyers. “There is also a growing need to manage generational differences in the workplace,” says Beck. “The employment jurisdiction is also one which is not exclusive to lawyers, and dealing with advocated and self-represented litigants can present challenges.”
“Clients primarily are seeking advice and support at a senior level. They want experts and quick turnaround. This places a real focus on recruitment and retention” Hamish Kynaston, Buddle Findlay own junior counsel and asking us to provide senior representation, or they are running cases themselves and asking us to provide strategic oversight.” Kynaston expects more of the same in the future. “Firms are going to have to be dexterous and innovative, and have depth at a senior level to service their clients’ needs.”
Towards 2017 Megan Richards says MinterEllisonRuddWatts has seen employers come face to face with some of the complex issues around redundancies and restructuring throughout 2016. Although the overall economy is growing, Anthony Harper’s Mills says this is because many sectors and organisations are having to adapt to a fast-changing business environment, in which companies have to compete in an increasingly global market. “Due to the higher level of scrutiny that
could be applied by the Authority and the Court, employers have increasingly sought our advice from an early stage to ensure that they engage in the necessary consultative steps,” Mills says. With an election expected in the second half of 2017, employment lawyers are once again getting ready for the spotlight, should employment law again become a political issue. “The employment relations landscape is usually the subject of colourful political discussions leading up an election,” Mills says. “During the current term, the government has promoted a relatively stable approach, and made some minor adjustments within the existing framework. It will be interesting to see if it will announce a different employment relations policy, and if so, whether it will have a niche or wide appeal,” she says.
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PROFILE
GARY MCDIARMID
A CHAMPION OF CHANGE & DIVERSITY Russell McVeagh CEO Gary McDiarmid on the key challenges facing the legal market, and his firm’s commitment to ‘walking the talk’ for diversity
NZL: Could you tell us a little bit about your career path and what led to your current role? Gary McDiarmid: I started my career working mainly for public companies, progressing to general management roles in HR and Finance. The experience of working for a diverse range of companies was invaluable. I have had hands-on experience in a diverse range of professional services/ industry sectors, including insurance, travel, commercial real estate, leisure industries, rural sector lending/business planning, and retail, wholesale and international trade. It was during my work for a public company that I became involved in some large-scale litigation and attended meetings at Russell McVeagh’s offices. I met a range
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of people in the firm and was impressed with the quality, pace and complexity of the work. I also privately thought they could do with a non-lawyer trained in general management experience to offer a different perspective! Anyway, a year or two down the track I was offered the opportunity to work for a large commercial law firm in a financial role. I had assumed it was Russell McVeagh – it wasn’t. But I was impressed with the firm and spent nine years there, rising through roles to eventually be appointed, briefly, the firm’s first CEO. The Russell McVeagh CEO opportunity came up soon after that appointment. I am a chartered accountant and a current member of NZICA.
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NZL: What are the key challenges in today’s legal market? GM: Attraction and long-term retention of high-quality team members. We have an outstanding group of people in our firm who of course are sought after and ambitious. It is our challenge to ensure there continue to be opportunities to grow and develop our team members, focusing on their individual needs and ambitions. The appalling statistics around gender diversity and in fact diversity in general will also continue to be one of the major challenges for law firms.
“There is a rapidly evolving ... talent landscape that most law firms are failing so far to grapple with – few will make changes, and the same problems will prevail. Too much lip service and not enough action” Globalisation and technology are both factors that have transcended the GFC and continue to have an impact on an alreadymature market for legal services. Add to the above the quality and growth of professional in-house counsel, and this makes for challenging times. Law firms are one of the prime targets for cybercriminals due to the sensitive information they exchange with clients. Unfortunately, law firms can be considered
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PROFILE
GARY MCDIARMID soft targets because many have inadequate dedicated resources applied to cybersecurity. The impact of these risks could be devastating in terms of reputation of the firm and protection of the client.
NZL: What are the big factors affecting the market? GM: Appalling statistics on diversity need greater action and results in most firms. Generally there is a rapidly evolving workforce/talent landscape that most law firms are failing so far to grapple with – few will make changes, and the same problems will prevail. Too much lip service and not enough action.
services, yesterday’s innovative new product is tomorrow’s commodity.
NZL: What are your main goals for the next 12 months for the firm? GM: Our prime goal is to remain the premier law firm in New Zealand as defined by our clients and team members. A key action point to continue to achieve the above revolves around walking the talk for diversity. I think a passage from a recent Global Women CEO Champions for Change introduction (the message from co-chairs Dame Jenny Shipley and Anthony Healey) sums it up rather well: “We believe that
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NZL: What is the firm doing in terms of diversity? Do you have any particular strategies?
to achieve our vision of a new generation of diverse leaders driving New Zealand’s future economic and social prosperity we need to set clear targets and hold ourselves accountable for our results. We believe diversity drives business value, we believe that our stakeholders – investors, employees, and the community – should both value us by how well we do in this, and join with us in having conversations we need about how we can all contribute to change.” A key goal for us is building on our stated commitment that diversity is now expected in the workplace. Words are one thing, actions are another. As I have said, it is a journey for us. We will continue to work on engaging our team members and ask them for their views and ideas, and wherever possible act on those ideas.
GM: This is the beginning of our journey and an ongoing process for us. We have, as noted, much work to do. Support for diversity begins at the top, and we have invested heavily in leadership education for our entire partnership. The programme is delivered over a six-month period and requires approximately 150 hours’ commitment from each partner. Firm-wide diversity initiatives to support the success of all staff include quarterly gender pay equity reporting, a staff and cross-practice group mentoring framework, practice group diversity sessions and a return-to-work programme. We have a wide-ranging staff learning and development portfolio, including a junior staff strategies for success programme, an unconscious bias programme, a cultural programme (Working with China and Maori Protocols), ‘Rainbow’ diversity training, and numerous other soft skills programmes covering communication, supervision, influencing, practice development, etc. Mental and physical wellness programmes include resilience programmes and regular sessions on mental health. I personally have committed to be a ‘Global Women – CEO Champion for Change’ and was a finalist this year in Diversity Works’ ‘Walk the Talk’ awards.
NZL: What are your thoughts around gender diversity and promoting the success of women in law?
NZL: What challenges, if any, have you encountered in your ‘Rainbow Tick’ programme and, in your view,
“When I first joined [the firm] 3% of our partners were women – this year it is around 30%. Still poor and we have much work to do – but slowly improving” How clients interact with lawyers is changing; law firms have to continue to innovate to meet our staff and clients’ needs. Clients are becoming increasingly focused on innovation, and that is not just around harnessing technology. A recent APLM study reported on by NZLS on 22 September noted a disparity between firms, most of which believe they are innovative, but the reality is that most are merely adapting to changes thrust upon them. Investment is required in this area. Technology generally is a challenge, from considering the impact and value of point solutions, to artificial intelligence, Blockchain and the like. [There is] ongoing segmentation in the demand for, and delivery of, legal services. Competition is increasing from traditional competitors, along with new sources. Lawyers must adapt to meet those changes if they want to compete in the legal space – both with other lawyers and non-traditional delivery models. And with the commoditising of legal
GM: In my role, I report to the board of management (40% of our board members are women) and lead the firm’s management teams, with six direct senior reports (60% are women). While we have a long way to go we have been working on continual improvement. For example, when I first joined 3% of our partners were women – this year it is around 30%. Still poor and we have much work to do – but slowly improving.
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how open/willing have law firms and other corporates been (to date) in dealing with issues of diversity and inclusion? GM: Much of the work of the Rainbow Tick organisation involves taking existing goodwill and helping an organisation find a way to demonstrate it and display it in its practices and procedures, and this has been the case at our firm. The clear support for greater diversity in general, and for the Rainbow Tick in particular, aligns well with ongoing positive change within our firm. The subjects of human sexuality and gender difference are not ones that we are culturally attuned to talking of with ease and confidence in public. These are subjects that are also culturally taboo for some.
Our non-LGBTTI focus group has consistently expressed that they either thought or hoped that the firm would be welcoming and non-judgmental of Rainbow staff. This goodwill is valuable and should be built on. The key is to build on the goodwill and trust established so far to ensure everyone feels able to come to the office as their ‘real selves’. It is positive to see so many other organisations starting to focus on diversity in other areas beyond gender.
NZL: What do you enjoy most about your role? GM: I really enjoy my role – it is a privilege to be CEO of Russell McVeagh. Russell McVeagh has an iconic brand and we have a great culture. We are packed
with diverse, interesting and extremely talented people. Together we’re making a concerted effort to round the edges, network, diversify, encourage fresh thinking – and all have fun while doing it.
NZL: What’s the best piece of advice you’ve ever received that you apply in your career? GM: Well, there are two really. The first took me some time to learn (possibly because my psych test results noted, “You do not suffer fools gladly”); the second I try to focus on regularly: 1. “When you feel like giving someone a piece of your mind ... don’t”; and 2. “The world is changed by your example, not by your opinion.”
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A record 610 legal professionals gathered at The Langham Auckland on Thursday 17 November for the 12th annual New Zealand Law Awards, proudly supported by event partner Crowe Horwath. Building on weeks of anticipation, 28 award winners were announced on the night, showcasing the outstanding achievements of top firms, in-house legal teams and dealmakers across New Zealand. The black-tie event, hosted by radio announcer Leah Panapa, was an evening of true celebration and support for the legal profession. NZLawyer congratulates all of this year’s award winners. Read on to find out who they are
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WINNERS 2O16 REGIONAL/SUBURBAN LAW FIRM OF THE YEAR
BLACKMANSPARGO RURAL LAW LTD
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BOUTIQUE LAW FIRM OF THE YEAR
WEBB HENDERSON
BlackmanSpargo’s solid reputation as rural law specialists continues to impress the judges, who have awarded the firm the win in this category for the second year in a row. Demonstrating superior client service, the firm’s solicitors routinely meet with clients on-farm if farming schedules make travel difficult.
“It’s a ref lection of hard work from a lot of people within the firm, and the trust from clients to give us good-quality work,” said partner Michael Gartshore about the firm’s third consecutive win.
CROWE HORWATH MID-SIZE LAW FIRM OF THE YEAR
COMMARC LARGE LAW FIRM OF THE YEAR
ANDERSON LLOYD
CHAPMAN TRIPP
With four offices in New Zealand, operating as a mid-size firm has been a successful strategy for Anderson Lloyd, which topped this category for the third year in a row. Chairman of partners Frazer Barton said, “It’s a sector of the market that we’ve chosen, and we’re delighted to have this kind of endorsement.”
“We’re absolutely delighted,” said partner Michael Harper. “The recognition of your peers means a tremendous amount to me personally and will no doubt mean a lot to the partners and to the staff.”
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EMPLOYMENT LAW SPECIALIST FIRM OF THE YEAR
DUNDAS STREET EMPLOYMENT LAWYERS
“It’s amazing to have such recognition after such a short period of time,” said partner Blair Scotland. Operating for just three years, Dundas Street has achieved record results and improved its market position in 2016, growing its client base and acting for some of the largest employers in New Zealand.
CROWE HORWATH LITIGATION & DISPUTE RESOLUTION SPECIALIST LAW FIRM OF THE YEAR
WILSON HARLE
Notching a third consecutive win in this category was “just fantastic”, said associate Rachel Sussock. So what sets the firm apart? “We work in a very collegial, very open-plan and supportive way, which I think for litigators is not the norm and I think it brings out the best in everybody,” Sussock said. AWARD SPONSOR
INTELLECTUAL PROPERTY SPECIALIST LAW FIRM OF THE YEAR
PROPERTY & CONSTRUCTION SPECIALIST LAW FIRM OF THE YEAR
AJ PARK
THOMPSON BLACKIE BIDDLES
With the firm celebrating its 125-year anniversary “this is really the icing on the cake for us”, said partner Anton Blijlevens of the firm’s repeat win in this category. With 240 employees now in Auckland, Wellington and Sydney, the firm acts for almost half the global Fortune 500 with a client and associate footprint extending to over 200 countries.
“It’s great to win again for the fourth year in a row,” said director James Blackie. The firm was mandated to act on projects worth over $1bn, and worked on about 50% of the major transactions in New Zealand in the property space. “We really appreciate the opportunity to attend the Awards and be recognised for what we do day in, day out,” said Blackie.
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WINNERS 2O16 LEGAL PERSONNEL EMPLOYER OF CHOICE (1–50 EMPLOYEES)
LEGAL PERSONNEL EMPLOYER OF CHOICE (51–100 EMPLOYEES)
DANIEL OVERTON & GOULDING
ANTHONY HARPER
“It’s an honour for us, and I feel like it’s something we really deserve,” said associate Bronwyn Hantz of the firm’s win. The small firm boasts impressive retention rates and has a range of flexible work arrangements in place to support working parents and encourage staff to pursue interests outside of work.
“To win for the third year in a row is fantastic,” said the firm’s new CEO, Lisa Jacobs. From holding informal meetings about work issues to providing professional education opportunities, the firm has “worked really hard with our people”, said Jacobs.
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“To be up against the quality of competition we were and to come away with a win was fantastic,” said CEO Richard Greenaway. The firm has put a strong emphasis on sustainability and diversity this year. “I think young employees and people are looking for something that’s community minded that looks after the future of New Zealand,” he said. AWARD SPONSOR
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AIG INSURANCE SPECIALIST LAW FIRM OF THE YEAR
DAC BEACHCROFT NEW ZEALAND
Repeating its 2016 win, DAC Beachcroft is regularly instructed on large, complex litigation and has continued to grow with the recent appointment of a new lateral hire partner and senior associate. “It’s a team effort and we’re very proud,” said partner Antony Holden. “I think one of the clichés people say is ‘people’, but I think it’s true for us – high-quality people.” AWARD SPONSOR
RESOLUTION INSTITUTE MEDIATOR OF THE YEAR
SHARON STEWART
ARTEMIS EXECUTIVE RECRUITMENT YOUNG PRIVATE PRACTICE LAWYER OF THE YEAR (UNDER 35)
SARAH SCOTT SIMPSON GRIERSON
Coming away with the trophy was a “huge surprise” for Sharon Stewart, whose mediation practice Out of Court focuses on family dispute resolution and restorative justice in the Bay of Plenty–Waikato area. Her advice to others in the field? “Do what you’re really passionate about and stay true to what you believe.”
Scott has played an instrumental role coordinating the legal input for Christchurch City Council on the rebuild of Christchurch, the largest regeneration project in New Zealand’s history. She will join the partnership at Simpson Grierson in January, becoming the youngest partner at the firm at age 32.
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WINNERS 2O16 ANTHONY HARPER YOUNG IN-HOUSE LAWYER OF THE YEAR (UNDER 35)
FINANCIAL SERVICES IN-HOUSE TEAM OF THE YEAR
ALEX MAMO
ANZ BANK NEW ZEALAND
Winning this award was “a bit of a milestone to mark a nice year”, said Alex Mamo, senior corporate counsel at Fonterra. Part of the legal team based in Auckland, Mamo has primary responsibility for managing legal risk in the Asia–Middle East–Africa region as well as Fonterra’s treasury and financing activities.
One of the largest in-house legal teams in New Zealand, the ANZ Legal Group operates a business partner model, with lawyers having accountability for specific business units. The team has focused on completely overhauling the bank’s suite of documentation following changes to both consumer and securities law in New Zealand, one of the most significant periods of legislative and regulatory reform in the country’s financial services history.
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RUSSELL MCVEAGH IN-HOUSE TEAM OF THE YEAR
MINTERELLISONRUDDWATTS IN-HOUSE LAWYER OF THE YEAR
ANZ LEGAL GROUP
KATHERINE ANDERSON
General counsel Craig Mulholland spoke to NZLawyer about the team’s back-to-back wins. “It’s absolutely fantastic,” he said. “I think the team goes from strength to strength every year; our people work really hard and we really appreciate that the industry has recognised it.”
“It’s really lovely to have that recognition from the profession,” said Anderson, who leads a team of over 50 staff covering complex matters from commercial property to public law and litigation. “It’s all about teamwork – having great people, great camaraderie and everyone striving to do the best they can for Auckland,” she said.
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NZLAWYER DEAL TEAM OF THE YEAR (<100 EMPLOYEES)
HARMOS HORTON LUSK CORPORATE AND M&A TEAM
The specialist corporate law firm operates with a 12-strong team, focusing on complex and challenging corporate transactions and strategic advisory engagements. Speaking to NZLawyer, director Tim Mitchelson highlighted the strength of the firm’s culture. “We get on extraordinarily well; we all commit to the same work ethic and get the job done.” AWARD SPONSOR
DEAL TEAM OF THE YEAR (>100 EMPLOYEES)
BELL GULLY CORPORATE TEAM
“It’s very humbling; a great reward for a hard year,” said partner Brynn Gilbertson of the team’s win. The firm advised on several complex transactions spanning IPOs, M&As and restructurings and were involved in most of the winning deals at this year’s Awards. “It’s nice to be here with our clients and share the award with them,” said Gilbertson.
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WINNERS 2O16 M&A DEAL OF THE YEAR
SALE OF VECTOR GAS
With a value of $627m, this was the largest M&A deal in New Zealand during the judging period. It involved the complex separation and restructure of Vector’s gas transmission, distribution and trading businesses, with multiple bidders all offering different transaction structures. “A good transaction, good team and an efficient process,” summed up Bell Gully partner Dean Alderton.
CAPITAL MARKETS DEAL OF THE YEAR
SOLID ENERGY VOLUNTARY ADMINISTRATION
“Easily the most demanding of my career,” said Chapman Tripp partner Michael Harper of this transaction. At $600m, this was one of the largest, most complex and high-profile voluntary administrations in New Zealand’s history, involving an unprecedented list of domestic stakeholders. “What you saw was the Crown, the banks, the company and a lot of advisers work together to find a really bespoke solution. It’s a transaction I think everyone can be proud of,” said Harper.
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EVENT PARTNER
MID-MARKET DEAL OF THE YEAR
MERGER TO FORM CORETEX AND MILFORD INVESTMENT
CONSUMER, MEDIA & TECH DEAL OF THE YEAR
SPARK SALE OF TELECOM RENTALS
This $72m merger was effected through a share-for-share exchange offer by a newly formed entity, Coretex. Flacks & Wong director Daniel Wong said the deal stood out because it was unique. “It was unusual to have a merger done through a fairly complicated share-for-share exchange and at the same time negotiating with a new investor who was about to come on board.”
The $106m deal was one of the largest tech deals completed in New Zealand during the period. The range of leasing terms that TRL had entered into with customers made it complex, resulting in a need to carve certain leases out of the sale and to negotiate and finalise contract renewal with a key customer against the backdrop of an imminent sale.
INTERNATIONAL DEAL OF THE YEAR
NEW ZEALAND DEAL OF THE YEAR
GE CAPITAL’S SALE OF ITS CONSUMER FINANCE BUSINESS
SOLID ENERGY VOLUNTARY ADMINISTRATION
This complex global US$6.6bn M&A deal involved the transfer of very large consumer finance portfolios as well as hundreds of employees, reallocation of premises and substantial transitional arrangements. It required various regulatory approvals in Australia and New Zealand, which involved coordination between two jurisdictions and regulatory agencies.
The winner of Capital Markets Deal of the Year also took out the overall New Zealand Deal of the Year award. “There’s a sense of achievement for everyone involved,” said Brendon Gibson, partner at KordaMentha. “It’s been a long process but I think we got the right result.”
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WINNERS 2O16 MANAGING PARTNER OF THE YEAR (<100 EMPLOYEES)
MALCOLM HURLEY ANTHONY HARPER
Hurley has taken the firm through three years of growth, both in head count and revenue, with 60 staff now based in the Auckland office. The firm has strengthened its client base, and with a third consecutive Employer of Choice win it continues to impress as a place to work. So what makes a good managing partner? “It’s really understanding the vision and strategy for the firm and making all the decisions in accordance with that,” said Hurley.
MANAGING PARTNER OF THE YEAR (>100 EMPLOYEES)
CHRIS GORDON BELL GULLY
“I’m pretty proud on behalf of the whole team – the whole firm and the clients we represent,” said Gordon after accepting his award. Under his leadership the firm has adapted swiftly to market changes, attracted new clients and grown revenue. Gordon was the lead partner in advising Contact Energy on the sale of Origin’s stake through a block trade, which was a finalist in the Capital Markets Deal of the Year category. He is also a member of ‘Champions for Change’, a group of New Zealand CEOs and chairs committed to increased diversity and inclusion in the workplace.
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EVENT PARTNER
HIGHLY COMMENDED Due to the exceptionally high calibre of finalists across the board this year, there was both a winner and a ‘Highly Commended’ accolade in all firm and in-house categories. Both awards were decided by a panel of judges. REGIONAL/SUBURBAN LAW FIRM OF THE YEAR DEAN & ASSOCIATES
LEGAL PERSONNEL EMPLOYER OF CHOICE (>100 EMPLOYEES) BUDDLE FINDLAY
BOUTIQUE LAW FIRM OF THE YEAR SIMMONDS STEWART
RESOLUTION INSTITUTE MEDIATOR OF THE YEAR CAROL POWELL
CROWE HORWATH MID-SIZE LAW FIRM OF THE YEAR ANTHONY HARPER COMMARC LARGE LAW FIRM OF THE YEAR BELL GULLY EMPLOYMENT LAW SPECIALIST FIRM OF THE YEAR MCBRIDE DAVENPORT JAMES CROWE HORWATH LITIGATION & DISPUTE RESOLUTION SPECIALIST LAW FIRM OF THE YEAR GILBERT/WALKER INTELLECTUAL PROPERTY SPECIALIST LAW FIRM OF THE YEAR BALDWINS INTELLECTUAL PROPERTY PROPERTY & CONSTRUCTION SPECIALIST LAW FIRM OF THE YEAR QUEEN CITY LAW AIG INSURANCE SPECIALIST LAW FIRM OF THE YEAR MCELROYS LAWYERS
ARTEMIS EXECUTIVE RECRUITMENT YOUNG PRIVATE PRACTICE LAWYER OF THE YEAR (UNDER 35) REBECCA ROSE, BELL GULLY ANTHONY HARPER YOUNG IN-HOUSE LAWYER OF THE YEAR (UNDER 35) LIBBY MAJOR, PUBLIC DEFENCE SERVICE FINANCIAL SERVICES IN-HOUSE TEAM OF THE YEAR NEW ZEALAND SUPERANNUATION FUND RUSSELL MCVEAGH IN-HOUSE TEAM OF THE YEAR NEW ZEALAND SUPERANNUATION FUND MINTERRLLISONRUDDWATTS IN-HOUSE LAWYER OF THE YEAR KATRINA GARDINER, ANZ NZLAWYER DEAL TEAM OF THE YEAR (<100 EMPLOYEES) MAYNE WETHERELL – M&A TEAM DEAL TEAM OF THE YEAR (>100 EMPLOYEES) CHAPMAN TRIPP – CORPORATE & COMMERCIAL TEAM
LEGAL PERSONNEL EMPLOYER OF CHOICE (1–50 EMPLOYEES) POTTERIP
MANAGING PARTNER OF THE YEAR (<100 EMPLOYEES) WILLIAM ANTONY HOLDEN, DAC BEACHCROFT NEW ZEALAND
LEGAL PERSONNEL EMPLOYER OF CHOICE (51–100 EMPLOYEES) HESKETH HENRY
MANAGING PARTNER OF THE YEAR (>100 EMPLOYEES) STEVE HASZARD, MEREDITH CONNELL
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WINNERS 2O16 EVENT PARTNER
AWARD SPONSORS
Crowe Horwath offers a full range of accounting services including tax, audit and business advice across our offices. We have the resources and proven experience to maximise our clients’ growth potential. Clients value our practical, commercial, industry-specific advice and our ability to translate accounting information and financial reports into pragmatic advice. We cater for all sizes of business and work with you to identify and implement the right structures, funding options and efficiencies to deliver your aspirations for growth, profitability and personal wealth. CONTACT: Phil Mulvey, COO, Crowe Horwath NZ P: 09 968 8510 E: phil.mulvey@crowehorwath.co.nz W: www.crowehorwath.co.nz
AIG is the world’s largest insurance organisation, with more than 88 million customers around the globe. Operating in New Zealand since 1970, we offer a comprehensive range of corporate and commercial insurance and risk management products and services, helping businesses capture today’s opportunities and look to the future with confidence. CONTACT AIG Insurance New Zealand Ltd P: +64 9 355 3108 W: www.aig.co.nz
Anthony Harper is an award-winning national law firm. For more than 150 years we have helped, assisted and advised New Zealand and international clients achieve their goals. Our high-performing, internationally ranked solicitors are deeply immersed in our 20 specialist areas. There is a difference. For further information, see www.anthonyharper.co.nz. CONTACT: Malcolm Hurley, Managing Partner E: malcolm.hurley@ah.co.nz T: +64 21 190 3344 W: www.anthonyharper.co.nz
OFFICIAL PUBLICATION NZLawyer is the leading independent news and information resource for the legal industry in New Zealand. Every issue features high-level case studies, international and local profiles, interviews with domestic and international industry leaders as well as leading newsmakers in the field.
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EVENT PARTNER
Artemis is a premium executive search and recruitment firm that specialises in legal, human resources and executive leadership appointments. Offering bespoke recruitment and search services across a range of functional disciplines including General Counsel, Partners, Lawyers, CEOs, Managing Directors, General Management, Senior to mid-Management and Non-Executive Directors, Artemis offers national, trans-Tasman and international search capability.
We've provided New Zealand law firms secure, reliable and proven IT systems and services for more than 20 years. Strategy, consulting, cloud, backups, security, support, practice management systems and more – everything you need to succeed and grow. And we work with you to ensure it all meets your firm’s unique needs.
Legal Personnel is a full-service specialist legal recruitment company recruiting permanent, temporary and contract roles for all positons; associates, solicitors, legal executives, legal secretaries and administration support in Auckland and throughout New Zealand. We identify talent for the future, succession recruitment, partner relocations, and help small firms and sole practitioners transition to new firms successfully. You will find us value-centred: ‘authentic’, ‘supportive’ and focused on getting the ‘right fit’.
CONTACT: Kathryn Cross, Director P: +64 9 354 3543 E: kathryn.cross@artemisnz.com
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MinterEllisonRuddWatts is one of New Zealand’s premier law firms. We’re also part of the MinterEllison Legal Group, one of the largest legal groups in the Asia-Pacific. Listening to our clients, caring about their business and delivering excellent solutions and innovative advice is at the heart of who we are.
Resolution Institute is a vibrant community of mediators and other DR professionals. Created by the integration of LEADR and the Institute of Arbitrators and Mediators Australia, we have over 4,000 members across New Zealand and Australia. As LEADR, Resolution Institute has been training and accrediting mediators for more than 20 years.
Russell McVeagh is New Zealand's premier commercial law firm. With nearly 350 staff and partners across both Auckland and Wellington offices, our lawyers are the best in their fields and recognised internationally for their expertise. We provide strategic commercial advice to assist our clients with their most challenging, high-profile transactions.
CONTACT: Mike Schubert, Chief Executive P: +64 9 353 999 E: mike.schubert@minterellison.co.nz W: www.minterellison.co.nz
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BUSINESS STRATEGY
PROFESSIONAL DEVELOPMENT
WHICH WAY TO TURN: TO COACHING OR MENTORING? Which leadership development option is the most suitable for your circumstances – coaching or mentoring? Even though these terms are often used interchangeably, Denise Fleming addresses this eternal conundrum THERE CAN be confusion around the terms ‘coaching’ and ‘mentoring’; they are often seen as the same thing yet there are key differences. And while both coaching and mentoring have proven to be excellent investments for the development of a senior executive, it’s important to be clear on what each option provides.
Coaching and mentoring definitions One-to-one coaching An investment in senior executive oneto-one coaching is delivered and measured against identifiable objectives. Feedback on progress towards these coaching objectives is provided to the organisation’s sponsors/ stakeholders at regular intervals.
Individual mentoring An investment in individual mentoring is offered to senior executives for their support and development. There are no organisational objectives other than those identified by the individual executive. Therefore there are no measures of success for the organisation and no feedback.
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Issues to consider: The organisational context The context can influence whether a coach or a mentor is the best solution for an engagement to provide an executive with support. The scope and scale of a leader’s accountabilities as well
development; outcomes targeted may include knowledge-broadening and skill and behavioural enhancement. Coaching can also be highly effective in an onboarding scenario. Executive coaching delivers the objectives of both the client and the organisation.
Mentors, using their experience and knowledge, work with the executive to jointly set the objectives for their engagements as the complexity of the organisation and its environment need to be considered as part of the analysis and decision-making process.
Benefits of coaching An investment in one-to-one executive coaching within an entirely private space enables in-depth, highly confidential discussions within a specific business environment. Customised executive coaching can be offered by the corporation to executives as an investment option for their leadership
Coaching objectives are provided by the organisation’s sponsors – chairman, CEO, HR or line manager, for example. Objectives are also identified by executives for their own coaching, and coaching benefits are measured against those objectives. As noted above, coaching is undertaken within the context of the markets, industries and environments in which the organisation operates and the scope and scale of the executive’s role. At the highest levels of an organisation, where accountability is for the leadership of all
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or part of the organisation, successful executive coaching improves the leadership strengths of an individual and is leveraged to flow on to broad organisational improvements. • Coaches have no vested interest in the organisation, are unbiased and independent. • Coaches should have in-depth professional experience in the role of the executive being coached. • Successful matching of a suitably experienced coach to the executive being coached is critical to building a trusting relationship and ensuring the success of the investment. • Confidentiality between the coach and the executive is of utmost importance. • Through regular feedback loops to sponsors, the coach can modify the objectives to reflect changing needs.
MAKING THE CHOICE: COACHING OR MENTORING?
Identify the purpose of the initiative Does the organisation want to set measurable objectives and receive feedback? Yes
External coaching
No
Is confidentiality essential to the executive? Yes
No
External mentoring
In-house mentoring
Benefits of mentoring Mentoring is appropriate when an executive needs/wants a ‘sounding board’. Mentors, using their experience and knowledge, work with the executive to jointly set the objectives for their engagements. Mentors provide CEOs, group or country heads, for example, with an entirely private space enabling in-depth, highly confidential one-to-one discussions. The engagement is an iterative process and may facilitate a different way of approaching business and people issues, identifying blockages or intransigent issues. It may also challenge and explore different perspectives. The organisation does not identify any objectives for the investment or have any communication with the mentor. It is a financial investment only for the organisation.
An alternative – in-house mentors for employees Some organisations choose employees to act as in-house or internal mentors for other employees. An employee mentor appointed from within an organisation is most effective when paired with employees for whom they have no line responsibility, and who are generally
employed at one or two levels below the mentor. In-house mentors may aim to provide a personal contact, a role model and an independent ear outside the employee’s direct area of involvement. In-house mentoring is a support process; the outcome may be employees feeling more valued by the organisation and having a clearer understanding of where they and their roles fit into the organisation. Generally, there are no objectives set for these internal processes and no overt success measures. Confidentiality for the mentored employees does not form part of the guidelines for this activity.
Confidentiality The coaching model assures critical confidentiality for the executive being coached while providing an opportunity for the organisation/sponsors to measure and engage in the coaching progress. The mentoring model provides total confidentiality to the executive, with no measurement or feedback to the organisation/sponsors. In-house mentoring, on the other hand, provides no confidentiality to the executive.
Key considerations 1. What is the purpose of the initiative? For example, succession planning, leadership development, behavioural change, expansion or change of role. 2. Does the organisation want to set the objectives to be measured by this initiative and to receive feedback? a. If yes – external coaching is required b. If no – an external mentor may be preferred 3. Does the executive want total confidentiality to participate in this initiative? a. If yes – external coaching is required 4. Will the executive be comfortable with the outcomes of the initiative being shared with stakeholders/sponsors? a. If yes – external coaching may be preferred b. If no – external mentoring may be an option
Denise Fleming is the founder and managing director of Foresight’s Global Coaching. For more information visit globalcoaching.com.au.
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EXPERT WITNESS DIRECTORY
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McGunnigle Hodge Building Consultants We are a boutique firm of building consultants that is capable of providing expert technical building performance advice to you and your clients. Our team of professionals excel in their specific fields (including defect identifications, expert witness representation, repairs, acquisitions and disposals), allowing unparalleled expertise in the building performance sector. T: 09 360 3255 E: info@mhbc.co.nz www.mhbc.co.nz
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Business Appraisals Ltd Clyth MacLeod Clear, accurate and affordable business valuations for partnership splits, property relationship, litigation support, estate planning and buy/sell decisions. Independent, practical, and experienced expert witness. T: 09 630 9491 E: clyth@businessappraisals.co.nz www.businessappraisals.co.nz
ECOVIS KGA Limited Keith Goodall, Wade Glass & Clive Bish Business and share valuations,shareholder/partner disputes, litigation support and expert evidence, damages claims and forensic accounting/investigations. T: 09 921 4630 E: keith.goodall@ecoviskga.co.nz wade.glass@ecoviskga.co.nz clive.bish@ecoviskga.co.nz www.ecoviskga.co.nz
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PEOPLE
CAREER PATH
PUSHING THE BOUNDARIES Danielle McLaughlin’s willingness to embrace new challenges has taken her from small-town Kiwi to New York lawyer and author
Raised in the small town of Gisborne, McLaughlin had a happy childhood that included ballet, netball and piano lessons. With both parents being immigrants – her Aussie dad had met her Londoner mum while backpacking in Europe – and international trips to see family a frequent feature of her life, she grew up with a heightened awareness of the world beyond New Zealand. “It was idyllic; the classic Kiwi upbringing in a small town by the ocean.”
1980s ENJOYS CLASSIC KIWI UPBRINGING
1993
1999
GOES ON OE With her degree in hand and a professional career as an engineer in Auckland that failed to make her happy, McLaughlin followed the trail blazed by so many Kiwis before her and went to London. Equipped with an Irish passport, and thus the right to work, she forged a career in public relations. “My flatmate worked in a PR agency and they needed a secretary. Within three months I was an account executive. I was there for four years.”
2003
MOVES TO THE US A six-week ski trip to Vail in Colorado led to a relationship, a desire to stay, and ultimately a Green Card. For the next three years McLaughlin worked at Vail Resorts, initially as resort staff, before ultimately rising to marketing manager at Vail’s Beaver Creek resort. “They say you go for the winter, but you stay for the summer. It was a beautiful place and a great job, but law school was calling.”
2016
BECOMES A TALKING HEAD Contacted by a publicist late in 2015, McLaughlin, who recently relocated to New York City, made her debut as a commentator in February 2016. She has appeared on CNN and Fox as well as New Zealand TV and radio, and also pens a newspaper column. “Any election year is an embarrassment of riches, but this year I don’t think we’ve seen anything like it ever before; there’s a lot of opportunities for insight. It’s a perfect confluence of law and politics.”
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STUDIES ENGINEERING IN AUCKLAND The small-town girl embraced culture shock when she moved to the city to study for her engineering degree at the University of Auckland. She enjoyed the intellectual rigour of the degree, and loved the problem-solving aspects and tangible rewards, but found creativity lacking and missed writing.
“I [moved to Auckland] because it was a reach; there were closer universities that I could have gone to, but I wanted that experience of flying the coop, pushing the envelope” 2006
STARTS LAW SCHOOL For law school – something she had considered as far back as high school to meld her various interests – McLaughlin moved to Boston, where the buildings of her campus were scattered throughout the historical city centre. “I think the geography of the place was significant. It was the beginning of my political awakening. We studied the US Constitution – frankly, the extraordinary influence a document like that has all these years later, and the way that people don’t always think about that, intrigues me.”
2013
CO-AUTHORS A BOOK The book on which McLaughlin had been working – The Federalist Society: How Conservatives Took The Law Back From Liberals – initially as her professor’s researcher and then as co-author, was published. The New York Timesreviewed book provided much of the basis for her later expertise as a commentator, while the promotional campaign associated with its launch gave her media experience. McLaughlin, who was by then working as a lawyer at Nixon Peabody LLP, started blogging on American politics and law.
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PEOPLE
OTHER LIFE
TELL US WHAT YOU GET UP TO! E: paul.ferris@keymedia.com.au
MADE OF IRON
When Wellington general insurance litigation lawyer Sierra Ryland isn’t working, you’re most likely to find her on the run
15–20
Number of hours per week Ryland trains
48
4
Number of Ironman events in which she has competed
10:18
Ryland’s 2016 Ironman finish time that qualified her for the World Championship
AS FAR back as primary school, Sierra Ryland was winning cross-country races, but she credits starting work as a lawyer with the “epiphany” that she “didn’t want to be sitting on my butt all day – I wanted to be more active again”. Indeed it was that first job that led her directly back to the track when her firm paid entry fees for staff members who wanted to run the Wellington half-marathon. “That was the first time I did anything of any distance. I found that I was good at long distances.” A series of steadily escalating goals followed that led Ryland to complete her first half-Ironman and then, the following year, her first full event. The goal in 2016, for her third Ironman, was to take one of the top two positions for her age/gender class, thus qualifying for the October World Championship in Kona, Hawaii. This represents “the pinnacle of the event” – and in typically single-minded fashion she achieved her goal with a personal best finish time. Knowing as she did that finishing the race in Kona was well within her grasp, Ryland – who finished in a time of 11:34 – instead focused on the new challenges of training over a wet and windy Wellington winter to compete in Hawaii, in a climate that often exceeds 30 degrees. “It was a hard, long and hot day, but the atmosphere was amazing and kept me motivated to put one foot in front of the other and reach that finish line.”
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