Tag Archive for: Shearman & Sterling

Eliza SwannEliza Swann, a partner at Shearman & Sterling, says that her interest in law and her interest in M&A developed in two wildly different ways: the first was a matter of design and the second was a matter of happenstance.

“I wanted to go to law school for as long as I can remember, but ending up on the M&A team at Shearman & Sterling was a bit of an accident. I had never considered a business transactional type of career,” Swann said.

It’s funny how things turn out. Swann, who became a partner at Shearman & Sterling in 2007 after eight years with the firm, works on domestic and cross-border deals. In recent years, she has worked on several of the highest-profile M&A transactions in the world, including last year’s acquisition by Liberty Global of Virgin Media in a $23.3 billion transaction.

As an associate just out of law school, Swann found herself on Shearman & Sterling’s M&A team, in large part because she had clerked for the Delaware Supreme Court. Because so many companies incorporate in Delaware (more than 60 percent of Fortune 500 companies are Delaware companies), it is a major venue for business law litigation, with a judiciary that is extremely sophisticated in reviewing corporate law issues. Swann’s clerkship gave her valuable insight into issues fundamental to a transactional practice.

“I was so lucky to have been offered the clerkship and accepted the position without realizing how truly interesting the work would be,” Swann said. “About halfway in, I decided that I wanted to work in a New York firm with a strong M&A practice. I got the job at Shearman & Sterling and have been interested every day since.”

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Anna ChungTo Anna Chung, landing your “dream job” is not a question of whether you are female or male but rather of how good you are. As a Singapore-based senior lawyer at global law firm Shearman & Sterling, Chung has demonstrated the ability to shine on client work throughout Asia and, increasingly, around the world.

A project finance lawyer, Chung’s practice focuses on power, LNG, oil and gas, and petrochemicals projects. She began her career at a leading Australian firm but left after a few years for Shearman & Sterling.

“To be honest, my career was not particularly planned out, but I’ve been fortunate in having opportunities come my way,” she explains. “I knew I wanted life experiences in cities beyond the city where I grew up, and with Shearman & Sterling, I’ve been able to work in our London and Shanghai offices and am currently working out of our Singapore office.”

While she works on projects throughout Asia, Chung says it has been particularly meaningful to be one of the firm’s leading lawyers serving clients in Korea. She has been doing joint pitches, coordinating marketing trips to Seoul and preparing business plans as the firm expands its client base in Korea.

“It’s meaningful for me as Korea is where I am originally from,” Chung explains. “Our global project finance practice is quite an integrated one, and from fairly early on in my career, I’ve worked with senior partners from different offices on projects involving Korean financial institutions or corporates.”

She adds, “Korea is increasingly an important market for us with Korean financial institutions and corporates so active in the international project finance scene. We have been investing in our Korean relationships for some time now and it’s rewarding that as a firm and individually, we are getting significant market recognition.”

Loving Your Job

Chung has had two professional role models during her career to date – partners Bill McCormack at Shearman & Sterling and Michael Harrison at Minter Ellison. According to Chung, they are recognised experts in their fields but the real reason is that despite “the pressures and demands that come with such busy practices and management roles,” they manage to have a great sense of humor, treat every person with respect and be dedicated to their family.

Just like her role models, Chung finds humor in difficult situations. Throughout her career as a lawyer she has learned that little details, such as the correct date of an overseas pitch, do matter.

“Sometimes errors can work in your favor,” she explains. “One of my partners at Shearman & Sterling still teases me for getting the date wrong for an overseas pitch for a $1.2bn project. We arrived at the client’s offices a week early but still managed to win the pitch.”

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4396629Welcome the The Glass Hammer’s “Spotlight on Asia” week! We will be highlighting successful women working in Asia all week long!

At just 37 years old, Paloma Wang’s rapid ascension to the partnership at global law firm Shearman & Sterling, where she specializes in initial public offerings (IPOs) and other corporate finance transactions in the firm’s Hong Kong office, is a tale worth telling. Her career achievements are a testament to the value of establishing a long-term vision and having the drive to make it a reality.

“You need to determine your own path and carve out your own unique identity,” Wang advises when reflecting on her career to date. “Don’t let anyone else dictate who you are as a professional or as a person.”

She adds, “By establishing your own priorities and doing the things that truly make you happy, you will drive your career path in the right direction. Don’t make concessions because you are junior or because you are a woman. Plant your feet firmly and set your sights on achieving everything you want.”

Career in Law

Born and raised in China, Wang graduated from a top law school and afterwards was offered a three-year, fully-funded scholarship to study law at Oxford. Wang received her training at a UK law firm in Hong Kong and in December 2005 she became qualified to practice law in Hong Kong.

Traditionally, the legal market in Hong Kong has been dominated by UK firms, but over the last five years, Wang explained, more and more US-based law firms are opening Hong Kong practices. Wang joined the team at Shearman & Sterling when the firm launched its Hong Kong law practice in January 2010. Currently, her practice focuses primarily on capital markets, representing both issuers and underwriters in IPOs. She also advises investors and corporates on private equity investments and listed issuers on compliance, general corporate and regulatory matters.

Although the majority of her practice is focused on Hong Kong, Wang noted that there is definitely an increase in large deals that require a lot of cross-border work and coordination with institutions in foreign jurisdictions, particularly the United States. “The integration of US law and Hong Kong law has been hugely successful at the firm’s Hong Kong office since many of the IPOs on the Hong Kong Stock Exchange have a US component as well,” she explains.

Changing Regulatory Landscape

According to Wang, the regulatory landscape in Hong Kong is very different from that of the US, but one of the most exciting aspects of her job recently has been witnessing the transformation of the Hong Kong regulatory regime.

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griffen_emily_webWelcome to Pride Week on The Glass Hammer — we’ll be profiling successful LGBT business women all week long!

As a litigator, Emily Griffen is accustomed to speaking out in court or in legal meetings on behalf of her clients. But, like most people and especially women, speaking out about her career didn’t come quite as easily.

That is why Griffen, a litigation Counsel in global law firm Shearman & Sterling’s Bay Area offices, advises other women to have confidence in their skills and knowledge.

“Be vocal about your career interests and find people who will give you the opportunity to share your opinion,” she says. “This is how you will learn and grow.”

Career in Litigation

To date, that approach has taken her far, even though she didn’t really have a definitive career plan set in stone after college. According to Griffen, she was drawn to law school and especially litigation because of the complexity of the subject matter and the enjoyment she found in grappling with challenging legal concepts. She honed her strengths, identified her interests and aligned her passion for legal research, analysis and brief writing with her ultimate professional goal: to join a global law firm with a strong litigation group.

When Griffen started at Shearman & Sterling’s San Francisco office, she was involved in a number of securities class action and shareholder derivative cases, but as the scope of the litigation group has expanded, so have Griffen’s role and responsibilities. In recent years, her work has grown to include white collar crime and consumer class action suits, as well as securities and corporate governance litigation, for major clients like LG Electronics Inc. and Toyota Motor Corporation – and that variety is something Griffen is excited about. She works regularly with Shearman & Sterling’s litigation partners in the Bay Area – Patrick Robbins, Jeffrey Facter and Stephen Hibbard – as well as with the firm’s other litigation partners and senior lawyers around the world. Griffen also spent a one-year rotation in Shearman’s international arbitration group in the firm’s Paris office, and continues to work with that group from time to time as well.

In Griffen’s field, it is somewhat rare for a case to go to trial – most disputes are settled well before a jury is empaneled. Yet in only her fourth year as a lawyer, Griffen found herself immersed in a three-week-long jury trial in San Jose in a securities-related employment dispute. “This was an incredible and unique experience for me so early in my career,” said Griffen, who argued complicated pre-trial motions in front of the judge and questioned witnesses at trial. “We won the case, obtaining a complete defense verdict, and I feel so fortunate to have had such a rewarding experience, which is rare for a securities litigator.”

More recently, Griffen found herself on the eve of trial again when she was part of the defense team representing the former CFO of a Silicon Valley software company in a civil enforcement action by the Securities and Exchange Commission. “We obtained a favorable settlement for our client at the last minute after years of litigation, but we had to prepare our case as if we were going to trial. It was a very exciting case to be involved in,” said Griffen. As part of the settlement avoiding trial, the SEC agreed to drop all of its fraud claims against Griffen’s client.

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Yas BanifatemiEvery day is a new day for Yas Banifatemi, a partner at Shearman & Sterling in Paris. An internationally acclaimed leader in international arbitration and public international law, Banifatemi works in an area of law that is very fluid and where clients regularly confront highly complex – and often emerging – issues.

“What I love about arbitration is that this is a field where you can truly be creative,” she says. “The law is in the making, so you can be a pioneer of the law.”

In many ways, Banifatemi has already been a pioneer. When she joined Shearman & Sterling 17 years ago, the arbitration field was clearly male-dominated. Today, not only is she the head of the firm’s Public International Law practice, but she was instrumental in the development of the firm’s investment arbitration practice and also acts as deputy managing partner of the firm’s Paris office. In her different capacities, she has seen more and more women in senior corporate and government roles and at her firm.

Beginning Her Career in Arbitration

Banifatemi joined Shearman & Sterling’s arbitration practice in 1997 after earning her doctorate in International Law from Panthéon-Assas University in Paris and her Masters of Law from Harvard. “It was quite a hectic year for me as I was juggling between my studies at Harvard and completing my PhD and writing my dissertation,” she says.

Before joining the firm, Banifatemi had considered a career in academia, but after studying under Arthur van Mehren at Harvard, a leading figure in arbitration in the US, she decided to practice law. “I wanted to be engaged in the process and be an agent of change – to make a difference instead of staying behind the scenes and merely reflecting on matters,” Banifatemi says. “Given how few firms practiced arbitration back then and how few positions existed in the field, joining Shearman’s arbitration practice and having the opportunity to work with Emmanuel Gaillard, one of the world’s leading figures in arbitration, felt like a miracle.”

Although a practitioner first and foremost, Banifatemi has been fortunate enough to indulge her academic interests, conducting seminars in Paris and all over the world and being a co-founder of the Arbitration Academy, an international institution providing for advanced courses in the field.

Overcoming the Odds

Many naysayers told Banifatemi that it was practically impossible to become a practitioner in public international law, which governs the rights and obligations of states and international organizations. International arbitration seemed like the safer bet, and Banifatemi initially focused her efforts on this area of law instead. However, she persisted in her quest to become a specialist in public international law, and as fate would have it, she worked on a matter that would change her career path.

“Three months after I started,” she recalls, “Shearman & Sterling landed a major treaty arbitration case for Slovakia. We were one of the first firms to work on treaty arbitration. I worked specifically on the international law aspects of the case and have been engaged in treaty arbitration and public international law issues ever since.”

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Heather kafeleLooking back on her career, Heather Kafele, a Washington, DC-based litigation partner at global law firm Shearman & Sterling, remembers that she was not exactly sure which career path she wanted to take. She was certain about one thing, though: “I was very passionate about the world’s injustices.”

Before going to law school, Kafele had the opportunity to reside in Kenya on a grant to study international development. There, she was able to do some soul searching and considered many different options, including earning a Ph.D. in philosophy and staying in academia or taking an alternative route to practice law. After taking both the GRE and the LSAT admissions exams, Kafele decided to pursue a legal career.

“I loved law school,” said Kafele, “and I continued to follow a non-traditional path.” Instead of spending her summers at big law firms, Kafele worked at the public defender’s office and was convinced this is where she would start her career after graduating from law school. However, faced with a pile of debt after graduation, Kafele made the prudent decision to join a big firm before pursuing her passion of becoming a public defender.

Life had something else in store for Kafele, however. She discovered that the type of work she did at Shearman & Sterling was extremely rewarding as it involved cutting-edge and thorny legal issues, diverse clients and industries, and an opportunity to travel and see the world.

“I never expected to stay at a big firm, but I found myself passionate about the work,” Kafele said. “Being a trial lawyer means working with witnesses, documents and facts to weave together a compelling story and draw judges and jurors into that story. This process is both challenging and thrilling.”

“Women have a unique ability to connect with other people – including judges, jurors and witnesses – which are a true asset for women litigators,” she added.

One of the most significant and memorable experiences in Kafele’s career came when she had the opportunity to participate in a three-week jury trial on a big antitrust case. “These cases rarely go to trial so this experience was very unique and exciting,” Kafele noted. Recently, Kafele represented Ardagh Group in a high-profile litigation brought by the Federal Trade Commission challenging Ardagh’s acquisition of Saint Gobain’s US glass container business. And just this week, Kafele scored a significant victory on behalf of several major banks upholding New York’s “separate entity rule” and extending it (for the first time) to document subpoenas.

Special Interest in Cartel Law and Pro Bono Work

Kafele has extensive experience in international cartel enforcement matters, handling complex multi-jurisdictional cartel and grand jury investigations, as well as class action litigations. According to her, many more jurisdictions other than the US and EU are developing cartel laws or enforcing existing cartel laws, making it an international norm and changing the way companies do business. She explained, “The dynamic of cartel law has really changed, which makes it a very exciting area to work in. Since Shearman & Sterling is a global firm, I advise companies all over the world and help them investigate issues, understand the US process and coordinate with counsel in other jurisdictions.”

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Grant-DBy Melissa J. Anderson (New York City)

A strong proponent of mentoring and the continued expansion of women’s leadership roles in the legal industry, Shearman & Sterling partner Denise Grant also believes it is important to step back and take a broad view.

“At the end of the day, when thinking about the challenges and barriers for women in law, they’re relative,” she explained. “Growing up the daughter of a diplomat and now as an international transactional lawyer, I’ve traveled all over the world. I’ve seen women denied basic rights and opportunities, like going to school, being able to vote, being able to speak for themselves. In relative terms, the barriers we face here pale in comparison.”

She continued, “The real challenge for each of us is to find our own path. You may bump into a wall, but the challenge is for you to decide how to get beyond that wall. Do you scale it? Do you dig under it? Do you find a way around it?”

Grant, a partner in Shearman & Sterling’s Project Development & Finance Group and co-chair of the firm’s Diversity Committee, was also the firm’s first black partner. She is proud of her career and the opportunity to open doors for others where there may have been a wall before, and she encourages other senior female role models to not only open doors but to help usher women through them.

A Lifer at Shearman & Sterling

Grant, originally from Guyana, grew up in the United Kingdom, Canada, Belize and several countries in South America, and came to the US with her family – her father was Guyana’s Ambassador to the United States – to attend college. She studied International Relations at George Washington University and then attended Georgetown University Law School.

“I’m a lifer at Shearman & Sterling,” Grant began. After working at the firm as a summer associate during law school and then becoming a full-time associate in 1989, Grant climbed to the top of the ladder at the firm and became a partner in 1998.

“With my background in international relations, my initial goal was to garner some experience at a private law firm and then eventually join an international organization like the World Bank, the IMF, or IFC,” she recalled. “But my work here at Shearman & Sterling has always felt like a great fit.”

“Shearman did – and still does – have a significant platform in Latin America, and so the firm was my first choice based on the ability to practice law on cross-border transactions in the region where I grew up,” she continued. “And, best of all, I’ve actually done some work for the IFC and have worked on matters involving the IMF and the World Bank.”

Today, over 20 years later, Grant continues to focus on financings in Latin America. In fact, she said, one of the most interesting things she’s experienced during her career has been the evolution of transactions and the players in the region.

“When I first started doing work there, Latin America was considered an ’emerging market’ and the region was comprised of ‘developing countries,’” she explained. “But now I’ve seen many of those countries emerge. It’s very exciting to see that transformation, to have the opportunity to represent Latin American companies and financial institutions that have actually grown to such a magnitude as to acquire companies in the US and to lead internationally syndicated financings.”

For example, Grant has played a key role in supporting the expansion of Brazilian beef producer JBS, which made an important acquisition outside of Brazil and into the US with the 2009 purchase of Pilgrim’s Pride, a major chicken company. She has worked with JBS on subsequent financings for its US subsidiaries.

In Grant’s view, JBS’s expansion is indicative of a bigger trend – a changing and growing acquisition finance market for Latin America. “The more acquisitions you are seeing from Latin America into the US means that that the market is going to shift,” she said. “It’s growing more similar to US sponsor – style leveraged financing.”

Sources of Pride

In a career filled with significant professional achievement, one special accomplishment stands out, Grant says. “The professional achievement I’m most proud of is becoming the firm’s first black partner,” Grant said. “It’s historic, and also a source of pride for my parents.”

“Really, it’s a professional and personal achievement,” she continued. “Professionally, my election helped to open doors to others coming after me. On a personal level, when I was deciding what I wanted to do with my life, I knew it would include making the road easier for those coming behind me. This is very important to me.”

Political Risk and Diplomacy Skills

The road to achieving this professional success has been paved with hard work. Grant’s practice is multifaceted and calls upon so many of her skills.

“When working on cross-border transactions you often times have to deal with issues of political risk — we’re talking about expropriation, nationalization, currency conversion issues, etc. We’re also talking about war and political insurrection,” Grant said. “All of these issues come into play in my work.”

She continued, “In the past, mitigation of political risk was dealt with by lenders and investors buying an insurance policy against such risks occurring. For example, in the early 2000s, when Argentina decided to redenominate all US dollar-denominated obligations into Pesos, which created losses for many foreign lenders and investors, many of our clients made claims under their political risk insurance (PRI) policies.”

Grant explained that the insurance companies pushed back, arguing that “pesofication” was not covered by the standard PRI policies. Of course, the policyholders disagreed. As a result, many of the claims were taken to arbitration. “We had to arbitrate a number of these political risk claims – and we were successful on a number of them – but not without a lot of cost and time to our clients and significant questions about the effectiveness of these types of policies,” she said. “So now, many people try to structure their deals in such a way to work around these political issues.”

Recently, for example, Grant worked on an acquisition financing in Peru that was closing right around the time of the country’s elections. This meant that she had to assist her clients in navigating that transaction in a way that didn’t offend either political party, but at the same time provided the client with adequate protection. This called for strong diplomatic skills.

“Maybe this is genetic, because of my father’s career, but I’m interested in using diplomacy skills to have a variety of interests come together to consummate a deal, to meld all of these things together,” she explained.

Wisdom for New Lawyers

Grant’s sound practical perspective has benefited her outside the deal environment.

“One of the things I wish I had been more cognizant of when I was first starting my career was the importance of building relationships and networking. The earlier that starts, the better it is for you,” Grant advised. “It’s a small world, and it’s helpful to know as many people as you can. That includes business relationships and the like, but it also means mentoring.”

She continued, “Another point I do raise with young people is that it will help enrich your life to build up your personal profile and take stock of what you have attained. I always remind associates in our firm to enjoy the journey. Sometimes you’re so worried about what’s next that it’s hard to step back and maintain some perspective. Time goes so quickly that you’ve got to be able to stop for a moment and celebrate your achievements.”

Advice for Women in Law

“For more than half of my career I have been fortunate to be in practice groups at the firm led by women,” she said. “The women partners here at Shearman & Sterling are very supportive, and we meet regularly to discuss challenges we face individually and collectively and to support and advocate for our women lawyers. I have seen women succeed and do very well — I do think there are challenges to find the right path for each person.”

She continued, “I would be remiss if I didn’t mention that I’m also a mother of two young children. And finding that equilibrium – to be an excellent parent and, at Shearman & Sterling, an excellent lawyer, partner and business developer – is challenging.”

“We always want to give 100% to all aspects of life – it’s not a barrier, but it comes with a lot of work, to achieve the success you’d like to achieve as a mother and a partner at a successful law firm. But at the same time, my son, for instance, really wants me at his violin concert. And I want to make it look easy – I want my daughter to believe she can do anything she wants to achieve. You don’t want to let them see any chinks in your armor.”

“Luckily, I have a wonderful support system at home which really makes a huge difference,” she added.

For women entering the legal profession, Grant advises that they not allow themselves to be wallflowers. “Make sure you’re visible,” she said. “From the time you get into the firm, make sure you’re noticed. You have to do a little bit more than just be an excellent lawyer. You have to create your own opportunities.”

She added, “Do not hesitate to promote yourself at work. I do see our male counterparts doing it regularly. In fact, I see how my son already takes credit for many things, but my daughter will hesitate. We encourage her to be more proactive and not to be shy. I would say the same thing to young lawyers.”

She continued, “One of the other important things I would mention is to always remember where you came from and who helped you get to where you are. And you need to be able to afford others that opportunity.”

“Often when you are successful, it is easy to forget how important it is to mentor and help people. Here are Shearman & Sterling, even as we partners gain greater seniority, we work hard to build that next generation of partners. And in client relationships, we need to make sure to include junior women and minority lawyers in our transition plans,” she advised.

“We need to continue to build that cadre of women and diverse partners throughout the firm. The only way to break through any ceilings or walls is to work together.”

Diversity at Shearman

Grant serves as co-chair of Shearman’s diversity committee, a committee she co-founded in 1992 as a third-year associate at the firm, with John Cannon, a partner and practice group leader, and Anna Brown, a colleague and today the firm’s full-time director of global diversity and inclusion. “We have a strong culture in place here at Shearman & Sterling, and women can see that they can do very well here,” she said. “It is about charting your own path with support from others.”

In Her Personal Time

While her work at Shearman & Sterling is challenging and time consuming, Grant does work hard to maintain some important priorities.

“I’m a staunch believer in doing pro bono work,” she said. “Right now I’m working on a microfinance matter for a social business fund investing in social businesses in Haiti. This is something I’m passionate about. I also sit on the board of Edwin Gould Services for Children and Families, which is a New York State-sponsored adoption agency.”

Finally, she said she manages to take a few moments for herself. “It all comes down to that equilibrium,” she said. “You can’t forget about your self. I’ve found that it’s helpful to take a moment to take a deep breath and let it all sink in.”

“You do need to do that for yourself, even if it’s just ten minutes on the weekend – which is what I usually get!” she added with a laugh.