Technology, Media, Telecoms (TMT): Australia

THE FIRM This practice offers an outstanding breadth of skills throughout the TMT arena, attracting considerable respect in the marketplace. With substantial teams in Sydney, Melbourne, Brisbane and Perth, it has the depth to take on complex deals, and through its alliance with Linklaters has increasing capacity to deal with global mandates. It acts for IT clients in both the private and public sectors, has a blue-chip client roster in the telecoms sector. In media, it acts for clients such as Yahoo! and Fox Sports. The group continues to act for NBN Co on a range of telecoms matters, and is also assisting the NSW Department of Finance and Services on a tender process for all aspects of the construction of data centres in NSW. 

Sources say: "They are very good, smart people."

KEY INDIVIDUALS Practice group leader Michael Pattison has a broad TMT practice and assists clients such as NBN Co, Yahoo! and Telecom New Zealand. One happy client said he is "the first call on IT matters" and "his experience and ability to get the best deal are amazing. He is highly recommended."

Ian McGill is described as "a leading practitioner, a great guy and a good lawyer," and is known for his media and telecoms skills. His recent work includes assisting Samsung Electronics Australia with setting up its MusicHub service, a complex matter which included a licence agreement with the EMI Group. 

Niranjan Arasaratnam has a wealth of IT and telecoms experience. He recently advised Disney on a number of digital media distribution transactions, and also led a team acting for Experian on the formation of a joint venture with six banks and financial services companies to create a credit bureau in Australia.

Fiona Crosbie has a "high level of client focus and service, and really deep knowledge of the telecommunications competition regime." Her clients include Sony ATV Publishing, Telecom NZ and Vodafone Hutchison, the latter of which she has advised on a range of regulatory issues.

Since publication, Brisbane-based partner Peter James has retired from practice.

THE FIRM This firm continues to be a front runner in the TMT field, thanks to its sheer breadth of expertise in all facets of the TMT arena. The group is a key adviser to NBN Co and also acts for global telecoms, IT and media corporations, handling many of the most complex and cutting-edge mandates in the market. The team also plays an active role in contributing to legal and regulatory reforms. In the past year, it has advised on a raft of outsourcing projects, including that of QR National. In other work, it made submissions on behalf of Foxtel with regard to media reforms which could significantly restructure the TV industry. 

Sources say: "The Ashurst team has a strong breadth and depth of understanding of the industry and my particular company."

KEY INDIVIDUALS Practice leader Gordon Hughes is appreciated for his "great intellect" and "great strategic mind," with one client commenting: "No legal or significant commercial decision is made without someone from the company contacting Gordon." Hughes continues to advise National e-Conveyancing Development on its AUD450 million group venture to create a national conveyancing linkup, and is a principal adviser to NBN Co.

Experienced media practitioner Robert Todd is commended for his dedication to fighting his clients' corner. His clients include Foxtel, which he assisted with submissions in respect of regulatory reforms.

Tim Brookes includes NBN Co amongst his clients and is acknowledged for being "extremely knowledgeable, especially in telecommunications," and "extremely commercial and practical."

Sophie Dawson advises a number of the group's key clients, including SAMSUNG, which she respected on the Australian leg of its global dispute with Apple. She is described as "very agreeable and personable," but also "a tough negotiating lawyer." Another source added: "If we had a similar matter come up, the first person we would ring would be Sophie." 

Georgina Adams is based in Canberra and specialises in advising government departments and agencies on their IT tendering and procurements. Her clients include the Department of Broadband, Communications and the Digital Economy, the Australian Electoral Commission, the Department of Defence and the Department of Finance and Deregulation.

Clients say that Khai Dang "doesn't limit himself to technical legal terms and conditions – he is interested in the commercial aspects" too. His recent matters include leading an Ashurst team advising CBA on a new outsourcing arrangement.

THE FIRM This thriving group attracts a range of world class clients in the TMT sphere, particularly technology suppliers and those in the digital/new media spheres. It has a strong outsourcing practice and has, for example, advised Hewlett-Packard Australia in respect of its IT and outsourcing arrangements with the CBA. In other work, the team is acting for Macquarie Radio Network in relation to its joint venture with Pacific Star Network over the failed MTR 1377 radio station. Other key clients include Singtel Optus, ANZ Bank, Fetch TV and Google.

Sources say: "They are agile, responsive, commercial, competitively priced and well represented globally."

KEY INDIVIDUALS Robert Walker is well respected by peers as someone who has good skills but is also a pleasure to deal with. Clients describe him as a "very technically astute" practitioner who produces excellent results. He focuses on providing IT, telecoms and IP advice.

Anthony Foley is particularly appreciated by clients for his focus on building relationships: "He is very knowledgeable about our business and is a real asset to our company. He is an expert negotiator, and has excellent commercial understanding." Foley led a multidisciplinary team advising Hewlett-Packard Australia on the matter above.

Telecoms expert Patrick Fair is a director and former chairman of the Australian Internet Industry Association, and has deep experience in giving regulatory advice to his telecoms clients. He acted for The Carriers Group in its negotiations with NBN Co regarding the wholesale broadband agreement. "He speaks in a language that I can understand," said one client, adding, "he's excellent at managing the liabilities and risks to us, and his turnaround on the work is speedy."

Andrew Stewart leads the firm's media and content practice, and advised Otpus on the high-profile TV Now case in the Federal Court. One source said: "He comes from a media background and knows the realities of news publishing; he's very good."

THE FIRM This well regarded group has a particularly outstanding reputation in the telecoms arena, advising some of the largest telecoms providers in Australia and advising on major government IT outsourcing projects. It is a key adviser to NBN Co on a raft of commercial and regulatory issues and has been on its panel since 2010. The team is acting for Apple on a number of competition and consumer law matters, including in relation to an action brought against Apple by the ACCC.  Other key clients include Liberty Media, Vodafone Hutchison Australia, the Department of Education and Communities, the Department of Finance and Deregulation and FreeTV Australia.

Sources say: "You get a solid view of the issues. They are excellent and very detailed."

KEY INDIVIDUALS Kate Jordan advises clients in the telecoms and media sectors on corporate, commercial and regulatory issues. She has a strong reputation in the market for her work on Channel 7 matters, recently advising them on an agreement to sell its broadband subsidiary, Vividwireless to Optus. Jordan is praised for being "absolutely outstanding – a classic ten out of ten" and because "she is all over the legal issues, all over the contractual matters and works ridiculous hours."

Former head of the group, James FitzSimons joined Truman Hoyle Lawyers in February 2013.

THE FIRM This practice is noted for its depth of offering, particularly in the IT and telecoms spheres. It acts for a range of government departments and private clients, including ongoing work for NBN Co. Notable highlights includes advising Vodafone on a number of network infrastructure matters in connection with its AUD1 billion network upgrade. This included the procurement and rollout of its 2G and 3G mobile networks together with the outsourcing, operation and maintenance of its networks to Nokia. The group also includes Channel Seven, News Corporation (Herald & Weekly Times), Foster’s Group and Woodside amongst its clients.

Sources say: "Corrs has provided a very high level of service. The firm is very responsive to client requests and takes a very proactive approach to solving problems."

KEY INDIVIDUALS Philip Catania is described as having "extensive experience and knowledge of our business." He is assisting the Water Corporation of Australia in its review of its outsourcing arrangements, and also assisted a leading financial institution with a complex outsourcing deal.

James North is a key legal adviser to NBN Co and advised Vodafone Hutchison Australia on its network upgrade described above. North is described as "a terrific, hard-working, very safe pair of hands. He gives immaculate client service – he will work overnight to get something done."

Peter Ickeringill defended DMG Radio Australia and Commercial Radio Australia in an action brought by the Phonographic Performance Company of Australia concerning levels of fees payable for the use of recorded material. He is the exclusive legal adviser to the Daily Mail and General Trust across Asia.

Leading telecoms adviser Andrew Messenger is noted for his "great relationships with clients." He played a key role in the firm's NBN work, as mentioned above, and also leads the practice's corporate and finance division.

THE FIRM DLA Piper is especially rated in the IT space and has particular skills in cloud computing and data protection. The firm continues to act on a range of IT, telecoms and outsourcing matters in both the private and public sectors. It recently assisted the Department of Human Services with its AUD474 million procurement and consolidation of telecoms, mobile and data and other IT services. 

Sources say: "DLA Piper is a responsive, capable firm that did an excellent job. They provided a win win scenario."

KEY INDIVIDUALS Sector leader Tim Lyons provides strategic advice on supply and outsourcing, particularly large-scale and complex upgrade and implementation projects for the public sector. Recent matters include advising Motorola in the negotiations for the contracts for the Melbourne Metropolitan Mobile Radio network, worth AUD130 million. According to sources he is "always available, either by phone or e-mail, and communicates his advice in a way that is easily understood."

Canberra-based Caroline Atkins has particular strength in government technology procurement. She advised the Department of Health and Ageing on its AUD77 million IT infrastructure contract, which involved conducting four major procurements and negotiating contracts.

Anthony Willis leads DLA Piper's IP and technology team and is described by one client as "pragmatic, practical and committed. He took a more holistic approach. It is clear he is a leader." Willis has wide experience in assisting the Department of Defence in large-scale procurement contracts and technology purchases, most recently advising on its Next Generation Desktop and Data Centre Migration Projects.

THE FIRM This firm maintains a leading position in the TMT space and has particular expertise in large-scale IT procurement and development projects. The firm was involved in one of the most high-profile technology cases in Australia when it acted for Google in the Google AdWords case, defending an ACCC action alleging that some aspects of Google's sponsored links were misleading or deceptive.

Sources say: "They've done a very good job and they continue to do it. They are trusted advisers for myself and the technical team."

KEY INDIVIDUALS Peter Waters is widely respected as "one of the best telco regulatory lawyers in the world – extraordinary." He leads the firm's work for Telstra on regulatory and other aspects of the NBN, which includes negotiations with the government, Telstra's Structural Separation Undertaking, migration plans and terms of access, a matter with an approximate value of AUD11.2 billion over eight years.

Peter Leonard is "very highly regarded" and "a well-respected guy." He recently advised Telstra on its response to the Federal Government's review of Australia's communications and media legislation.

Sheila McGregor led the team advising Westpac on a number of large technology projects, including establishing a new data centre in Australia and New Zealand and a best sourcing panel for the bank. According to interviewees, she is "great to work with – she has a very firm grasp of the topic and a good understanding of the technical aspects. She is very commercial and she brings a broad perspective."

Bernadette Jew recently advised a major bank on its telecoms needs, which included a lengthy review of its current arrangements and looking into alternative suppliers. One client said she had "done an outstanding job; we are really pleased. I think her strategic skills and her patience are brilliant."

Peter Jones advised XL, one of Indonesia's largest telecoms operators, on the procurement of end-to-end managed services for its network. He is praised for his ability to handle complex contracts and is "good to have on the team."

Tim Gole is "a bright young partner, who is very talented." He recently led the team in advising a large financial institution on a new outsourcing deal for key IT functions. He works closely with Sheila McGergor.

THE FIRM Henry Davis York has offices in Sydney and Brisbane, and advises major clients across Australia on TMT matters. It has particular expertise in IT procurement and outsourcing, managed service arrangements, cloud computing and virtualisation, digital payment systems and media production, broadcasting and content. The firm acted for a leading financial institution on its enterprise-wide ATM upgrade programme, and for Global Television on its joint venture for the broadcast of the Commonwealth Games in Glasgow in 2014.

KEY INDIVIDUALS Robert Neely acted for Dell on its successful tender to the Federal Government for the development of a data centre in Canberra and the provision of services worth AUD50 million over a five-year period.

Geoffrey Hilton advises senior managers in the sector and has experience in brokering deals for major media clients.

THE FIRM This group remains at the forefront of the TMT industry on account of the outstanding breadth of its expertise. Whilst handling key telecoms, media and IT mandates, it can also bring to bear related competition, IP, M&A and finance expertise. The team acts for major telecoms corporates, such as established client, Telstra for which it is acting on a slew of matters including a number of domestic and international supply arrangements. On the IT side, is represents BHP Billiton on a range of matters including assisting with its global outsourcing of certain functions to IBM  and a systems integration project for its OneEarth division. It has also been involved in a number of high profile media matters and is acting for clients such as Austar, Fairfax Media, Seven Group and Sky Channel.

Sources say: "They were just great, it was all hands on deck. It was a really complex deal, it required a lot of really good organisation and lots of heavy lifting, they were really thorough as well."  

KEY INDIVIDUALS Keith Robinson is a telecoms expert with wide experience in advising on complex contractual issues and commercial transactions. He is noted for his "good understanding of the underlying technology," and for being "very commercial." He acted for NBN Co on satellite procurement, and for BHP Billiton on a range of issues including its business-critical 1SAP project and an outsourcing agreement with Accenture.

Mark Crean has acted for a range of leading television providers across the English-speaking world. He recently advised Austar on its AUD2 billion takeover by Foxtel, which involved a complex structure to allow the acquisition by means of a scheme of arrangement.

James Crowe has wide telecommunications experience and recently acted for Telstra on its acquisition of online business quotify.com.au, and leading video conferencing business iVision.

THE FIRM This firm is noted for its expertise in the media sector, advising publishers on content, defamation and contempt of court issues. The team has handled multiple defamation cases on behalf of Nine Entertainment as well as one involving singer Katy Perry, who brought a claim against Nine-owned NW Magazine. Other key clients include The Sydney Morning Herald, the Seven Network and SkyNews.

Sources say: "They work well as a team. They are very prompt, have good consistency and are very reliable – all the things you want from a top law firm."

KEY INDIVIDUALS "Extremely strong" defamation specialist Mark O'Brien has a"wealth of experience and no weaknesses," according to one source, and is an "absolutely fantastic media litigation lawyer." He acted on behalf of Fairfax, News Digital Media, the Australian Broadcasting Corporation, Yahoo!7 and other media entities in a case regarding the extent to which 'take down' orders could be made against the digital media where issues of potential prejudice to existing criminal proceedings arise.

THE FIRM This firm has a hugely respected media offering, and receives praise for its quick responses. The practice offers a full range of media services, with a particular focus on pre-publication defamation and contempt of court advice, privacy and suppression orders. Key clients include News Limited and the Nine Network.

KEY INDIVIDUALS Clients rave about Justin Quill's work in pre-publication and content advice, and particularly appreciate his "fantastic track record of getting it right." One client said: "I've been in the business 42 years and I've dealt with several defamation lawyers over the years and in my view he's as good as any of them." Quill's clients include The Herald and Weekly Times, Channels Nine and Seven, Radio 3AW and the Australian Broadcasting Corporation.

Described as Justin Quill's right-hand man, John-Paul Cashen has a growing reputation. One client said: "I'm equally as comfortable to pick up the phone to both him and Justin, the service is consistent." Another appreciated his quick response and friendly approach.

THE FIRM This firm houses one of the largest and most impressive teams in Australia. It provides a wide range of advice to Telstra, including ongoing assistance in relation to various agreements with NBN Co and other parties with regard to Telstra's progressive shut down of some of its existing networks. The team is also advising a range of major Australian and overseas corporates and banks such as Woolworths and Bank of Ayudhya in Thailand on outsourcing programmes. On the media front, it acted for Universal Pictures on its joint venture with Sony Pictures Home Entertainment in respect of the sales and distribution of Blu-ray and DVD products in Australia.

KEY INDIVIDUALS Neil Carabine acted for Telstra on its successful AUD1.5 billion bid to supply network services to NAB across Australia. He is appreciated for his "powerful intellect" and his "very good way of simplifying complexity. He is very good at getting the deal done." 

Cheng Lim advised Telstra as part of the much-publicised copyright-related Optus TV Now case. Clients highlight "his first-rate negotiation skills, strong industry knowledge and ability to mobilise a high-quality legal team to make things happen as quickly as the client wants."

Based in Brisbane, John Swinson advises mining clients and high-level organisations, including Xstrata and PanAust. He has recently advised Queensland Motorways and the State of Queensland on several IT outsourcing and technology issues, and is noted for "doing a good job for clients."

Patrick Gunning is a key adviser to Microsoft and has particular expertise in advising on cloud computing matters. He attracts praise for being "always available and getting the job done."

Mark Weber specialises in advising clients on IT and business process outsourcing contracts. He acted for the Bank of Ayudhya in Thailand on its outsourcing deal with IBM, and also worked on the Telstra/NAB deal. He is praised for his "even-handed demeanour and ability to manage a negotiation," and for being "easy to work with and very experienced."

THE FIRM This firm is particularly strong in IT and telecoms, and has focused on building skills in the intersection between complex technology transactions, communications regulation, and the digital distribution of content. It acts for clients in both the private and public sectors, and opened an office in Canberra in February 2012 to further develop its government practice. The team recently acted for Nintendo in the Federal Court in an action again Gadget Gear and its directors, regarding the sale of game copier devices. Other key clients include SAMSUNG, Cochlear, Nine Entertainment and NBC Universal.

Sources say: "They are an alternative to the big firms in terms of pricing perspective." "They have built the practice and have recruited significantly."

KEY INDIVIDUALS Brendan Coady is noted for his expertise in acting for competitive carriers, in particular Macquarie Telecom. He advised the Competitive Carriers' Coalition on issues brought up by the structural separation of Telstra and the Telstra migration plan.

Jeff Goodall is dual-qualified and practised for four years in the UK, acting for clients including Yahoo!, Expedia, Toshiba and Coca-Cola. He recently represented a client in the negotiation of a contract for the supply, installation and implementation of a parking control system.

THE FIRM Minter Ellison attracts many blue-chip clients in this area and has acted on instructions from domestic clients as well as those from the UK, Ireland, the USA, Canada and Hong Kong. The team includes a range of high-quality experts in IT and telecoms and continues to lead in the media space, tackling several wide-ranging and sensitive cases over the past year.

Sources say: "They do fantastic work." "They are proactive and able to scale up quickly when needed. I couldn't ask much more from a law firm."

KEY INDIVIDUALS Peter Bartlett is highly experienced in media work, and particularly in providing pre-publication advice. His key clients include Fairfax Media. One peer said: "He has great connections. I absolutely respect him."

Peers say that Anthony Lloyd has a "deep understanding of what's happening in the industry regarding outsourcing and IT," while clients appreciate that he is "hands-on and very strategically capable." He acted for SingTel Optus on its joint venture with Vodafone Hutchison Australia and Vodafone Networks, which enabled Optus customers to gain access to wider network coverage. 

Richard Dammery assisted NBN Co with procuring a satellite constellation to deliver universal broadband coverage across Australia for the first time. The deal was worth around AUD620 million.

Paul Kallenbach recently acted for the Australia Post on its arrangement with Telstra to provide all its telecommunications needs, including security, mobile and fixed telephone services and digital media. Clients list his strengths as "attention to detail and strategic guidance during the negotiation phase."

THE FIRM Truman Hoyle is noted in the market as a fast developing practice that continues to impress. It focuses its advice on new and emerging technologies, with an emphasis on telecommunications. The team has extensive experience in advising telecoms clients on a range of matters, particularly regulatory and industry-specific property deals.

Sources say: "They kept us in the loop daily, delivered on budget and gave me over and above what I was expecting – really comprehensive advice."

KEY INDIVIDUALS James FitzSimons joined the firm as of counsel in February 2013. He is skilled in telecoms and IT law, including outsourcing and counts major IT and telecoms corporates and government departments amongst his clients.

Shane Barber is another key contact for the practice.

THE FIRM Telecommunications, IT and media work is a key focus for this global specialist, which continues to grow its Sydney-based Australian offering. The team advised Optus on its opposition to Foxtel’s acquisition of Austar, and acted for the Premium Movie Partnership on its commercial strategy after this merger.

Sources say: "They couldn't be better – they're very bright and very practical. Ten out of ten."

KEY INDIVIDUALS Leading telecoms regulatory expert Angus Henderson earns deep respect from both peers and clients, one of whom said: "I think he's fantastic. He has a high level of focus and delivery to client needs. He understands us and does a great job." Henderson's recent major matters include leading the team advising NBN Co on the development of its Special Access Undertaking.