Herbert Smith Freehills

Herbert Smith Freehills LLP

Headquarters	London, England Sydney, Australia
No. of offices	26 (2020)
No. of lawyers	2,600 (2024)
No. of employees	c.5,000 (2024)
Key people	Justin D'Agostino (CEO); Rebecca Maslen-Stannage (Senior Partner)
Revenue	£1.306 billion (2023/24)
Profit per equity partner	£1.315 million (2023/24)
Date founded	2012 (by merger)
Founder	Herbert Smith Freehills
Company type	Limited liability partnership (Herbert Smith Freehills LLP) Partnership (Herbert Smith Freehills)
Website	herbertsmithfreehills.com

Herbert Smith Freehills (HSF) is a leading global law firm with headquarters in London, England and Sydney, Australia. HSF has been widely acknowledged as one of the world's most elite and selective law firms, and, as of 2024, was the 33rd largest by revenue. It was formed on 1 October 2012 by a merger between the United Kingdom-based Herbert Smith founded in 1882, then a member of the Silver Circle of leading UK law firms, and Freehills founded in 1852, one of the Big Six Australian law firms.

Herbert Smith Freehills is one of the world's most prestigious law firms, and has achieved particular recognition in dispute resolution. As of 2024, HSF retains the most UK-listed clients of all law firms, representing 116 companies listed on the London Stock Exchange. It also advises the highest number of FTSE 100 clients in United Kingdom Court of Appeal cases.

Herbert Smith Freehills is consistently called upon for some of the highest value and most complex litigation. In 2022, Herbert Smith Freehills was the law firm with the highest average claim value in the High Court and has maintained its position within the top three firms every year since.

Herbert Smith Freehills has had a longstanding relationship with London's National Portrait Gallery since 2004, supporting numerous exhibitions and on major projects such as the Gallery's reopening in June 2023 and sponsoring its esteemed exhibition – The Herbert Smith Freehills Portrait Award.

History

Prior to merger

Herbert Smith

Herbert Smith (known as Norman Herbert Smith until 1903) was established by Norman Herbert Smith in 1882. Norman Herbert Smith was descended from Sir William ap Thomas on his father's side and William the Conqueror through his mother's family. Norman Herbert Smith first opened an office at Nicholas House, 12/13 Nicholas Lane, a short distance from the Bank of England.

Norman Herbert Smith was highly influential in launching the career of Lord Atkin, remembered for giving the leading judgement in the case of Donoghue v Stevenson, who himself noted that "Smith continued to be my client throughout the whole of my time as a barrister and iin the first years almost my only one."

Herbert Smith's specialisation in the early 20th century was in company flotations and advice to mining companies. Later its work expanded to litigation, mergers, and equity matters. Herbert Smith was instructed on the flotation of British Power & Light Corporation Limited and advised on the merger of Columbia Graphophone Company with the Gramophone Company (which sold records under the His Master's Voice label) to form EMI.

Its strong relationship with US law firm Cravath, Swaine & Moore led to Time Warner instructing Herber Smith for its £220bn acquisition of America Online (AOL) – the largest merger of all time. In 2011, revenues were £465 million and profits-per-equity-partner (PEP) were £900,000.

Herbert Smith had a European partnership with the German firm Gleiss Lutz and the Benelux firm Stibbe until 2011. A plan to merge with those firms did not go ahead.

At the time of its merger with Freehills, Herbert Smith had around 240 partners, 1,300 lawyers, with offices in Europe, the Middle East and Asia.

Freehills

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

The firm traced its history back to the practices of Clarke & Moule in Melbourne (1853), Stephen Henry Parker in Perth (1868), Bernard Austin Freehill in Sydney (1871), and John Nicholson in Perth (1896). Predecessors of the firm are notable for having adopted open employment policies, hiring Catholics and Jews when many other firms would not. They are also notable for becoming the first major Australian law firm to appoint a female partner, and forming the first national law partnership in Australia.

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

Post-merger

Herbert Smith Freehills was born after completing merger in October 2012. The merger involved an immediate financial integration of the firms in a single partnership and profit pool, an unusual structure for these kinds of mergers. The merger was complicated by differing remuneration structures across the firms; with Herbert Smith practicing a lockstep compensation system, while Freehills practised a merit-based compensation system. Freehills also had a greater number of equity partners.

After merging, the firm began practice in Germany. In September 2012 it opened an office in New York City, focused on international dispute resolution work. A South Korean office was opened in Seoul in April 2013. The combined firm also nearly doubled its total number of international secondees in its first year of operations. In November 2015, Herbert Smith Freehills announced the opening of its third office in Germany, Düsseldorf, headed by Clifford Chance's former head of litigation and arbitration practice.

In February 2022, the Greenwoods & Herbert Smith Freehills taxation practice was sold to PwC.

Merger with Kramer Levin

In November 2024, Herbert Smith Freehills announced that it would merge with US-based Kramer Levin to form one of the top-20 global law firms by headcount. The new firm will be known as Herbert Smith Freehills Kramer, abbreviated as HSF Kramer in the US, and will have more than 2,700 lawyers across 25 offices in the US, the UK, Europe and Asia.

Offices

As of September 2020, HSF has 26 offices in Asia, Australia, Europe, North America and the Middle East. The Seoul and Tokyo offices are staffed by Commonwealth lawyers and do not practice local law. The Tokyo office relies upon a referral arrangement with Japan's Big four law firms to avoid competing with them for local legal work, and due to difficulties with hiring Japanese attorneys.

Notable clients and Cases

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

Sergey Podoprigorov

Herbert Smith Freehills helped Sergey Podoprigorov, a judge in the Russian Federation who sentenced Vladimir Kara-Murza, a prominent journalist, author, filmmaker, human rights activist and political prisoner that received an extremely harsh prison sentence in Russia in 2023 after publicly criticizing the Russian invasion of Ukraine. HSF prepared an appeal asking the United States Department of the Treasury to remove Podoprigorov from the "Magnitsky list" of corrupt Russian officials responsible for persecution of people fighting against corruption and repression in the country.

Sir Alan Sugar

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

Hotel Chocolat

Herbert Smith Freehills advised UK chocolatier Hotel Chocolat on its £534m takeover by US food giant Mars Inc. in 2023.

Financial Conduct Authority

Herbert Smith Freehills successfully secured a landmark victory for the Financial Conduct Authority (FCA) in a High Court case that clarifies whether businesses were entitled to compensation for Covid-19-related disruptions under their insurance policies. The ruling dealt a significant blow to insurers, potentially triggering payouts for tens of thousands of businesses with business interruption claims.

Google

Herbert Smith Freehills is representing Google in a £13.6bn collective action lawsuit, which has been allowed to proceed by London's competition tribunal. The case alleges that Google is abusing its dominant position by prioritising its own advertising technology.

Aercap Ireland Limited

In 2021, AerCap turned to Cravath Swaine & Moore and Herbert Smith Freehills for counsel on its $30 billion acquisition of General Electric’s Capital Aviation Services (GE Capital Aviation Services).

Herbert Smith Freehills is representing Aercap Ireland Limited, the world’s largest aircraft lessor, in a major and complex legal battle in the High Court to recover losses from insurers over more than 400 aircraft stranded in Russia due to Western sanctions. The planes, worth almost $10 billion, have remained in Russia since the sanctions were imposed following the war in Ukraine, with Russian lessees failing to return them. Aercap is pursuing a claim for $3.5 billion from insurers, including AIG and Lloyd’s, under its all-risk insurance policy, or alternatively, $1.2 billion under its war-risk policy. The case, being heard in the Rolls Building’s ‘super court,’ is one of the most high-profile and costly trials in the UK, with insurers challenging the claims on several grounds.

The Post Office

Herbert Smith Freehills has received a lot of criticism in the UK media about its role working for the Post Office throughout the British Post Office scandal.

Other

• The Football League - long-standing client of the Herbert Smith and in relation to the breakaway of the top 20 English clubs in forming the Premier League.
• Lord Trefgarne, former Minister for Trade at the Scott 'Arms to Iraq' Inquiry in the 1990s.
• Association of Conservative Peers in challenging part of the law that removed most hereditary membership of the House of Lords.
• The Government of Chile in the Pinochet case. Lawrence Collins KC appeared whilst partner at Herbert Smith having a few months earlier become the first solicitor to exercise rights of audience in the House of Lords when he represented the Law Society on the issue of barristers' costs in legally aided criminal trials.
• Mohamed Al Fayed on the acquisition of Harrods.

Associates and alumni

• Francis Freehill (1854-1908), Australian solicitor and activist.
• Bernard Austin Freehill (d.1880), Australian solicitor and founder of one of the constituent firms that later became Freehills and brother of Francis Freehill.
• Norman Herbert Smith (1857-1920), founder of the firm Norman Hebert Smith (later Herbert Smith).
• Francis Mann CBE, FBA, QC (Hon.) (1907-1991), a German-born British jurist and one of the most influential legal scholars of his generation.
• George Smith (1913- 2015), former partner and credited with with delivering the London Stock Exchange’s motto “My word is my bond.”
• David Malcolm AC, QC (1938 - 2014), former partner and Chief Justice of Western Australia from 1988-2006.
• Garry Hart, Baron Hart of Chilton (1940-), member of the House of Lords, Expert and then Special Adviser to the Lord Chancellor.
• Lawrence Collins, Baron Collins of Mapesbury (1941-), British judge and former Justice of the Supreme Court of the United Kingdom and first solicitor to have reached such a senior level within the judiciary.
• David Gold, Baron Gold (1951-), former senior partner and founder of David Gold & Associates.
• Keith Steele (1951-2009), former senior partner of Freehills, New Zealand cricketer and author.
• Nicholas P. Tott (1960 – 2017), former partner key advisor to the UK government in the design and implementation of the Private Finance Initiative (PFI), and latterly, the Public Private Partnership (PPP) for the development of new infrastructure, which has since been adopted as a model all over the globe.
• Sir Adam Johnson (1965-), British High Court Judge.
• Ewen Fergusson (1965-), former partner, business advisor and public servant.
• Kelly O'Dwyer (1977-), former solicitor at Freehills, and former Australian politician. She served in the House of Representatives from 2009 to 2019, representing the Liberal Party, and held senior ministerial office from 2015 to 2019.
• David Higgins, former partner and Circuit Judge and Deputy High Court Judge.
• Campbell McLachlan KC, professor, Member, Permanent Court of Arbitration (on the nomination of New Zealand), Member, Panel of independent Chairs of Arbitral Tribunals under the UK-EU Cooperation Agreement on the joint proposal of the UK and the EU, 2022.
• Marian Pell, former partner at Herbert Smith.
• Rev Derek Spottiswoode, former curate of St John-at-Hampstead Parish Church.
• John Goble, deputy chairman of the City Panel on Takeovers and Mergers.
• Geoffrey Lewis, first Legal Director of the Hong Kong Airport Authority, writer of political and legal biography.
• Kathleen Farrell, former partner and judge of the Federal Court of Australia.
• Ken Jagger, former partner and co-founder of AdventBalance, now LOD (Lawyers on Demand).
• David Arias, former partner of Herbert Smith Freehills and current partner and founder of Spanish law firm Arias SLP.
• Simon Bushell, former partner and co-founder of Seladore Legal, a boutique litigation firm founded in London in 2020.
• Gareth Keillor, former partner and co-founder of Seladore Legal, a boutique litigation firm founded in London in 2020.
• Paula Hodges KC, former head of the Herbert Smith Freehill's global arbitration practice and President of the London Court of International Arbitration.
• Ashley Alder, chair of the Financial Conduct Authority (FCA).
• Edward Walker-Arnott KC, former senior partner, author, vice-chairman of the Southbank Centre.
• Dorothy Livingstone, first female partner at Herbert Smith.
• Charles Plant, former partner and chairman of the Solicitors Regulation Authority (SRA).
• Jonathan Scott, former senior partner and chair of the UK Competition and Markets Authority (CMA).
• Margaret Mountford (1951-), Northern Irish lawyer, businesswoman, academic and television personality best known for her role in The Apprentice.
• Sir Ed Davey (1965 -), British politician and leader of the Liberal Democrats since 2020.

External links

• Herbert Smith Freehills