Introduction

ALB Guide: Technology, Media & Telecommunications Law 2009 is the latest in an exciting series of detailed insights into specific practice areas and the leading firms and lawyers operating within them. By combining specific new research (among client companies, peers and other sources) with the ALB database and third-party market information, ALB Guides arrive at lists of 'leading firms' and 'recommended firms' as well as 'leading lawyers' in each practice area covered.

State of the market

Since news spread of the Australian Federal Government's National Broadband Network's (NBN) u-turn, many full-service Australian law firms have begun turning an increasing amount of attention to it.

Neil Carabine is one of the Mallesons partners currently advising Telstra on the A$43bn plan that will see the establishment of government-owned enterprise NBN Co to build a fibre optic network covering 90% of the Australian population, and wireless and satellite internet access for the remainder. He says the Federal Government's move to scrap NBN's tendering process is a "reversal" of decades of government policy to privatise Telstra and leave technology risk to the private sector. "It is turning the clock back to when the key driver for projects was the government. In the past year we have advised Telstra on its China investments and on significant roaming and consolidation issues in the Australian mobiles market, but NBN is the biggest industry development by far," he adds.

Not only technology, media & telecommunications (TMT) lawyers, but also those specialising in M&A, IT, planning, PPPs, banking & finance and tax can expect to be busier for the next 12 months. There is high demand for regulatory lawyers as well, since the establishment of NBN Co represents significant changes to telecommunications industry regulations. Some firms have been busy working on regulatory analysis and other forms of due diligence, to help set up the new venture. "There may be a large volume of fibre and other assets tipped into NBN Co by existing telcos and that would make it quite complex, as accommodating all of the vendors would be a challenge," Carabine says.

Given the magnitude of the NBN task, Carabine believes that full service firms, spearheaded by their TMT lawyers, will have an advantage. "There are so many aspects involved...you need input on local and state planning laws, corporate structuring, financing of NBN Co, PPPs, tax effectiveness, IT, broadcasting, content - it's a very long list," he says.

The regulatory response for NBN was due in June this year, while the implementation study will be finished by February 2010. In the meantime, network sharing could be the next biggest venture for firms, according to Corrs Chambers Westgarth partner Andrew Messenger. In recent months there has been a global trend of increased cooperation, collaboration and consolidation between mobile broadband providers. "We have a new wave of technology coming, namely HSPA Plus (3G plus) and LTE (4G), which is going to need legal support. As mobile operators face increased costs associated with exponential growth in data traffic there are going to be more network sharing announcements, not unlike that seen in the alliance of Hutchison, 3 and T Mobile in the UK, Vodafone's site sharing arrangements in Europe, and most recently the Vodafone and Hutchison merger in Australia," Messenger says.

There would possibly be an increase in demand for legal advice, particularly on strategic alliances and commercial drivers. "It will also require work on dealing with regulatory authorities, such as the Australian Competition and Consumer Commission (ACCC). As we have seen with the Vodafone-Optus 3G network sharing alliance, the commission is particularly concerned about the risk of competitively sensitive information being exchanged across a shared network. This includes core information about billing, mobile applications used and customer data," he says.

There are some ways to navigate through the regulatory maze. When Corrs previously acted on sharing arrangements between Vodafone and Optus, its legal team was able to gain regulatory clearance after agreeing to a series of protocols that restricted access to each of the participant's core network to just technical staff. In some jurisdictions, such as the UK, sharing of the radio access network is not allowed but sharing base stations and antennae was permitted.

Apart from this, there will continue to be work on the federal government's proposed approach to the expiration of 2G licenses in 2013 and 3G licences in 2017. The move means that a myriad of stakeholders will require legal assistance to prepare a response. There would be similar work resulting from the "digital dividend", which sees the end of analogue broadcasting and the dawn of digital-only broadcasting.

Anti-siphoning regulations will also be reviewed before the end of 2009, meaning that free-to-air TV broadcasters that want to put sport on their digital TV multi-channels may need legal advice on how to push for regulatory protection and lighter restrictions on showing sports via digital TV that are acquired under the anti-siphoning regime. "Initially there would be lobbying, consultation, and assisting stakeholders to formulate a response to the government," Messenger says.

As for New Zealand, Kiwi firms have been busily preparing for the John Key government's proposed fibre initiative. The move will see the fibre optic cable rolled out to 75% of Kiwi residents at a cost of about NZ$1.5bn (A$1.2bn) and follows a public-private partnership model similar to that seen in the NBN's initial model, before the Australian Federal Government scrapped it for a government-owned enterprise plan.

Kensington Swan partner Ross Johnston believes that the initiative will create a range of work opportunities for firms. "The various suppliers will need transactional advice, and the public and private sectors will need legal advice on their investments. Apart from purely involving traditional telco clients, there is an opportunity for power line companies to get involved as well," he says.

ALB has learnt that Chapman Tripp's Mark Reese and Andy Nicholls are acting for New Zealand Telecom, MGF Webb's Malcolm Webb is advising Vodafone, and the Kiwi Ministry of Economic Development (MED) is using in-house lead lawyers Gaye Searancke and Chris Mathieson. However, it is unclear as to whether Buddle Findlay's Philip Wood will advise Vector, or Bell Gully's Dean Oppenhuis or Simon Watt will act for TelstraClear.

No external law firms were advising the MED when ALB went to print, but firms may still have a chance to participate. "Most of the legal work is currently being done by internal government lawyers and Crown Law. There is a chance we may need to prepare complex agreements and establish entities for the initiative. It's quite possible that we will need some ongoing external legal advice," says the initiative's newly appointed program manager Ralph Chivers.

Kiwi TMT practices are likely to scramble for a role in the fibre initiative, because the global financial crisis has placed greater strain on firms. Johnston says that there are fewer NZ$100m (A$79m) TMT deals. "IT managers have less to spend and transactions need to deliver value in driving down costs," he says.

For now, Johnston expects to see demand for advice on cost efficiency strategies and cost saving technologies, such as remote application hosting. "I have recently advised a large educational institution on the implementation of a student management system that is remotely hosted via the internet - it's a growing trend," he says.

SYDNEY

Full service firms generally left clients with a positive experience and tended to offer the kind of exposure that they needed for large and complex matters. However, staff turnover was one area that clients would have liked firms to improve on, because they disliked having to brief the new replacement.

Clients that ALB spoke to never doubted Thomson Playford Cutlers' (TPC) quality legal advice and service. Some felt no need to look elsewhere for their day-to-day issues and were pleased with the firm's success in a range of matters from advertising clearances to "major run-ins" with the Australian Competition Consumer Commission (ACCC). Peter Le Guay was professional and excellent, particularly in advising small sized clients, who appreciated that he never gave them the impression they were small or not as important as larger clients. He also provided good advice on advertising, competition and intellectual property (IP), and never hesitated to provide his firm opinion. Overall he was prompt, personal and clear in his service. Special counsel Catherine Chant was mentioned for her high level of expertise in trademark, and regulatory work on advertising copy review, claims and ACCC investigations. John Howard was singled out for his trade practices work, with a specialty in advertising, marketing and litigation. Dan Kramer was mentioned for his work on software-related matters. Craig Powell was chosen for his media and defamation work, and Adam Pope was praised for media litigation.

Corrs Chambers Westgarth was a competitive national firm for complex contractual arrangements, notably involving the exchange of network capacity and services. Clients appreciated the firm's staff retention and also favoured its expertise in IP, trademarks and patent issues. Andrew Messenger had a long history in the industry and was well known, respected and knowledgeable. He not only brought significant domestic experience, but also international experience, and was generally considered to be professional and client-focused.James North impressed clients with his very deep and long knowledge of the telco industry and how it worked together. Eugenia Kolivos was an expert at sponsorship and media, copyright and IP matters. Odette Gourley was highly commended for her specialty in marketing & advertising, IP and patents law. Melissa McGrath was a strong legal advisor on trademarks and patents issues. John Gray was also mentioned and commended.

Gilbert + Tobin was strong at defamation, but had a wide range of expertise that earned praise as the "foremost" Sydney firm. It stood out because of its focus on business requirements, schedules and detail. One client said that many firms are strong in preparing front-end agreements, but commended G+T for its attention to detail to the client's actual business requirements. Angus Henderson was strong at competition and regulatory matters, and mentioned for his professional handling of ACCC regulatory issues, particularly in the telco industry. Sheila McGregor, Bernadette Jew and Peter Jones were noted for being proactive, knowledgeable and hardworking. Peter Waters, Richard Pascoe and Moya Dodd left clients impressed with their telco and technology work. Rob Nicholls was well known for his telco engineering expertise. Peter Leonard and Bill Spain were both predominantly chosen for technology, and Deborah Johns was mentioned for corporate technology work.

DLA Phillips Fox was one of the firms that clients kept retaining due to its great working relationship, cost-effective approach and ability to lead significant telco agreements. Alec Christie was the primary partner mentioned for IT work, and was highly regarded for allowing his senior associates and junior lawyers to bear the brunt of the work. Judith Miller was singled out for IP. Senior associate Richard Smith was predominantly chosen for IT-related service contracts, and considered "great" for his ability to make several personal sacrifices to assist clients through the process. Mark Worsman, who recently joined the firm from Mallesons, was considered an excellent choice for IT, IP, pharmaceutical and medical matters.

Clients described Deacons as an "emerging firm", because they increasingly turned to it for commercial and general day-to-day matters. The firm gave "great" advice and reasonably priced hourly rates for the "non-Rolls Royce"-type matters. Nick Abrahams was clearly a well-established and recognised name, notably for his former role as an in-house lawyer at a US-based IT company. He was mentioned for his numerous seconded lawyers of high calibre, and was commercially savvy with a good practical knowledge. Andrew Sorensen was chosen for technology and media-related IP matters.

Henry Davis York was responsive, easy to communicate with and very reasonable with its fees. Its legal practitioners did not over-engineer matters or involve too much staff. One client found the firm to be reliable in keeping an eye on legal costs and said they provided useful information at roundtable discussions and staff meetings. Robert Neely, Peter Mulligan and Matthew McMillan worked tirelessly at keeping clients informed about the latest developments. Glenn Hughes was mentioned for his telco and media corporate work, while Bob Jordan was highly commended for his IT contracting work.

Tresscox Lawyers was predominantly chosen for its significant experience in entertainment-related matters. The firm has forged long-standing relationships and was strong in contracts, licensing and the production side of law. Clare Mirabello and Jennifer Huby were highly regarded for media, and Stephen James was mentioned for technology. Mark Bamford was chosen for both media and technology, and Robert McCormack was also singled out for praise.

Johnson Winter & Slattery's legal practitioners were well regarded as leading lawyers. Mark O'Brien was mentioned for defamation and litigation, John Kench was predominantly chosen for competition and trade practices, and Kate Fitzgerald was impressive in her expertise in regulatory matters. Paul Reidy was considered highly for media, and both Christine Ecob and Tania Juric were mentioned and commended for IP.

Holding Redlich also received a good mention and was highly regarded. Managing partner Ian Robertson was strong at sharing conventions and pleasant to with work with. Donna Bartlett was mentioned for her technology, telco and IT specialist advice. Clients couldn't fault her, since she was fast, accurate, friendly and "knew her stuff". Sonia Borella was mentioned for media and entertainment.

Middletons' Mark Feetham stood out from the crowd for his extensive telco background and also for his versatility in IP and content work. He understood the industry well and provided a valuable perspective to clients. Special counsel Jim Lennon was mentioned for telco and IP, while Tim Webster, was a "gun litigator" who was very commercial and practical.

Baker & McKenzie was strong at defamation, and offered wide expertise and breadth of staff. Andrew Stewart left clients impressed with his commercial litigation work, and was particularly noted for his experience as an in-house lawyer and extensive work in the online media space. He also had a solid understanding of the industry.

Truman Hoyle's Shane Barber was considered highly for media, e-commerce and IT, Lyle Abel was mentioned for IT contracts, and Hamish Fraser was commended by clients for technology and telco. Steven Goodman was singled out for biotechnology, while Alex Ninis was mentioned for both IT and IP. Mark Vincent was predominantly chosen for his work in media, technology and IP.

Watson Mangioni's Robert Mangioni was well regarded for media and entertainment, while David McGuiness was chosen for media, technology, IT and IP.

Herbert Geer's Graham Hodginson was mentioned for IP and entertainment, while Dan Brush was adept at both IP and IT.

Atanaskovic Hartnell's Mark Wilson was considered highly for telco, while John Atanaskovic was predominantly chosen for his work in both IT and telco.

Gadens Lawyers' Vicki Grey was highly praised for technology.

Clayton Utz received the highest praise among national top-tier firms for its wealth of experience in TMT work. The firm's solid reputation kept bringing clients back again and again. "Some of the other firms come and go, but for media corporate or capital work Clutz is the best," one client said. Michael Reede had in possession a long history in the industry, was well known, respected and knowledgeable, and had a powerful combination of domestic and international experience. Caroline Lovell was also among the 'high flyers' and highly regarded for her telco expertise. Doug Bishop was strong at defamation and had a wide expertise and breadth of knowledge. Kate Jordan and Michael Parshall were both experts at media law, and Linda Evans was noted as a trade practice specialist. Kirsten Webb was highly praised for her work in competition, while John Collins handled a fair share of the telco litigation work. Jim Fitzsimons, John Fairbairn and Robert Cutler were also mentioned and well commended.

Mallesons Stephen Jaques was praised for a wide range of services, and more notably for its TPA expertise. Scott Bouviar was praised for his advertising & marketing and IP work. Patrick Gunning was highly regarded for his media, IT, IP and litigation work, and Justine Munsie was complimented for her IP, litigation and defamation work. Anthony Borgese was chosen for his telco, IT and media work. Kristin Leece and Katrina Rathie were both mentioned for media, Luke Waterson was impressive in his media and telco work, while Morris Gonzales was singled out for praise for IP.

Allens Arthur Robinson was generally competent and strong in a range of TMT work. Ian McGill and Fred Chilton were senior partners in media and well-regarded in the sector, and David Yates was an expert in the IP field.

Blake Dawson was a top contender for its media and privacy work. Clients found that the firm was excellent for procurement, outsourcing and defamation. Blakes was also attractive and impressive for its wide expertise and breadth of staff. Clients said that Robert todd was brilliant at media matters and was able to understand how clients need one-line answers instead of pages of advice. Tim Brookes was an "excellent" lawyer who always impressed clients with his delivery of high-quality work. Both Paul Mallam and Khai Dang were top legal advisors for privacy, strategic marketing and advertising matters. Peter Armitage was also mentioned and highly commended.

Freehills had one of the largest TMT teams among Sydney-based national top-tier firms. Fiona Gardiner-Hill was well regarded for media, commercial and corporate. Louise Capon was mentioned for her telco commercial arrangements and media regulatory expertise. Sarah Kenny was singled out for praise for her media and entertainment IP work, Tony Coburn was predominantly chosen for his IT outsourcing arrangements, Mark Crean impressed clients with his media joint venture work, and Rebecca Davies was found to be an excellent choice for her technology, media and telco litigation. Duncan Giles was mentioned for TMT regulatory, outsourcing and procurement, Paul Hughes was highly commended for telco competition, and Leanne Norman was noteworthy for her work in defamation. Lesley Sutton was mentioned for IT and media, and Jim Theodore was considered highly for IT and telco.

Minter Ellison was a firm well regarded and highly sought after for procurement and outsourcing. Keith Robinson was mentioned for technology and telco, and "fantastic" at "getting to the heart" of complex issues, communicating with clients at all levels and finding a commercial solution. Anthony Lloyd was commended for media, technology and IP. He consistently delivered high-quality work on budget, understood the need to get deals done on time and did not mind putting in long hours when required. Rhys Guild was considered highly for telco.

MELBOURNE

Clients have increasingly sought legal general TMT advice from law firms, but have noticed that some claimed to be specialists when they clearly were not. They felt that firms could try to be more open about where their skills lie.

Herbert Geer in Melbourne was unrivalled at advising on expressions of interest, tenders, contractual arrangements and Commonwealth licence exemptions. Most of its legal practitioners had a good knowledge of their clients' businesses and their industries. Graham Phillips was rated as the "cream of the crop", because he was "extremely" client-focused, comprehensive in his advice and able to achieve a fast turnaround. He provided added-value legal advice, and was able to put himself in the shoes of counter parties and highlight issues from a commercial perspective. He also had an exceptional understanding of commercial and regulatory issues, strategic considerations and litigation. Paul Noonan was also praised for his specialty expertise in IT. Copyright and content licensing recognition  went to senior associate Nathan Shepherd, while special counsel Tony Dooley excelled at all aspects of telco law.

Holding Redlich was chosen for its "decently sized team", and particularly for trade clearance work. Clients thought that the firm was a good choice for IT work and fantastic for service, and that the quality of work was "unreal and outstanding". Lawyers at the firm were appreciated for their ability to do things correctly from the very beginning. Dan Pearce was highly commended for his broadband work, while Helen Vine impressed clients with her media, IP and litigation work.

Corrs was chosen for its unrivalled strength in IP, trademarks and patents. Melbourne partner-in-charge Philip Catania was considered to be a pro in IT, IP and telco law. Peter Ickeringill was well regarded for media, broadcasting legislation and general corporate. Matthew Swinn was chosen for trademarks and patents issues, while both Stephen Stern and David Smith were commended for their work in IT and IP litigation.

Tresscox was often associated with widely publicised matters, more recently the handling of media enquiries for Victorian bushfire icon Sam the Koala. Nicholas Pullen was pre-eminent in copyright, trade practices, ACCC, advertising, talent negotiation and trade clearance work. He ensured that all work met the requirements and was often the first point of contact.

Nicholls Legal's Matthew Nicholls was just as highly regarded in Melbourne as partners at leading mid-tier firms. He was praised for his work on access disputes and sound advice to telco competition bodies. Han Xu was mentioned for his technology expertise and specialty in Singapore law.

DLA Phillips Fox's Tim Lyons was the main person for IT, telco and outsourcing. Andrew Chalet was also mentioned.

Middletons' Cameron Abbott and Dudley Kneller were both mentioned for technology and IT agreements.

Deacons' Bernard O'Shea was known for his extensive representation of government in technology and
IT matters.

TPC's Michael Warren was an "attuned expert".

Anisimoff Davenport Solicitors was a small-tier firm specialised in the field. Tony Anisimoff was experienced in trade clearance work, and considered to be the "main thrust of client spheres" who ensured that all advertising met ACCC requirements and copyright issues.

Marshalls & Dent Lawyers' Bryce Menzies was a good choice for entertainment, film, TV, theatre, production and movies. Shaun Miller was mentioned for entertainment.

Gadens' Ian Dixon was chosen for arts and entertainment and Antoine Pace was commended for IT.

Anzarut & Partners' Charlie Anzarut was a sole practitioner with notable expertise in the TMT space.

Allens was the premium pick for IT matters and major contractual work.Michael Pattison was an "aggressive negotiator" and mentioned for his complex project work on technology development and EFTPOS outsourcing transactions. He was a "genius" with the capacity to understand business objectives and a terrific memory that clients found most useful. He was good at drafting contracts and even assisted with internal legal education requirements. Naranjan Arasaratnan was well regarded for IT commercial and had a wealth of Chinese market knowledge.

Mallesons was also among the very best national top-tier firms. Neil Carabine was noted for his involvement in the highly confidential and sensitive government-backed National Broadband Network. Caroline Coops was professional, worked well under pressure and was very commercial in her approach. Agata Jarbin was good at regulatory litigation and not afraid to pick a litigious fight. Rene Lattey was mentioned for telco, while both Cheng Lim and Mark Webber were chosen for technology. Amanda Bodger was also mentioned and commended.

Clayton Utz's Kate Marshall was mentioned for IP, IT and litigation, while Chris McLeod was chosen for media, telco, marketing and litigation. David Kreltszheim was commended for e-commerce and IT.

Freehills was praised for a range of work, but singled out for litigation. James Crowe was mentioned for telco transactional work, Selina Lightfoot was well regarded for telco and outsourcing, Irene Zeitler was chosen for patents and trademarks, Malcolm Cooke was mentioned for telco and IT, and Campbell Thompson was highly commended for IT, IP and litigation.

BRISBANE

DLA Phillips Fox's Tony Conaghan was the "head honcho" for technology, media and commercial matters, Ben Coogan was top choice for IT, IP and litigation, while Martin McEniery was mentioned for IT and telco. Fred Potgieter and Kathie Sadler were also commended.

McCullough Robertson's Malcolm McBratney was mentioned for media, IT and IP, while David Downie was chosen for IT and IP.

Corrs' Eddie Scuderi was mentioned for technology, telco, IT and competition.

Gadens' Lionel Hogg was well regarded for arts and entertainment, and Michael Owens was mentioned for IT.

Mallesons excelled at IT and large contracts. Nicole Heller was a knowledgeable expert in telco, IT and outsourcing,

John Swinson was mentioned for IT, while Matthew Austin was commended for telco.

Clayton Utz's Simon Newcombe was mentioned and commended.

Allens' Peter James was singled out for praise for IT.

ADELAIDE

Piper Alderman's Tony Abbott was mentioned for technology, IP and litigation, Tim Clark was commended for IT contracts and IP, and both Tim O'Callaghan and George Raitt were well regarded for technology and IP.

TPC's Adrian tembel was mentioned for technology, while David Gaszner was well regarded for advertising, IT, franchising and litigation.

DLA Phillips Fox's Peter Buberis was highly commended for IT, IP and franchising.

JWS' John Keeves and Paul Laity were both highly commended for IT.

Gadens' Karen Thomas was singled out for defamation and Julia Sweeney was considered highly for her work in technology.

PERTH

Middletons' Eric Fetgres was impressive in his IT work for numerous service providers.

Steinepreis Paganin's Peter Wall was commended for his work in telco.

DLA Phillips Fox's Brian Pass was highly regarded for IT, IP and franchising.

Clayton Utz's Scott Crabb was mentioned for a range of telco, technology and dispute work, while Heath Lewis was praised for telco and media acquisition work.

Mallesons' Nicholas Creed was well regarded for telco, while Jeremy Wade was mentioned for both IT and telco.

CANBERRA

DLA Phillips Fox's Caroline Atkins and Anthony Willis were highly commended for their federal government-related technology and IT work. Stuart Imrie was well regarded for his work in telco, while Katherine Armytage was mentioned for IT and e-business.

Deacons' Edwina Menzies was praised for her "big skill set" in technology procurement and IP licensing for government clients.

Clayton Utz's Richard Morrison and Alexander Wedutenko were both mentioned for their work in government-related technology and communications outsourcing.

Mallesons' Stephen Skehill was highly commended for telco.

NEW ZEALAND

Some clients thought that Kiwi firms were just as good as their Australian counterparts when it came to TMT. Not unlike some Australian firms, staff turnover was also a turn off among most Kiwi clients.

Simpson Grierson had a strong technology team that not only won clients in the private sector, but was often chosen by the public sector on the basis of price, IT work, telco contracts and IP. Karen Ngan had a relevant working knowledge of her clients' business models, as well as a good corporate background. She was noted for her work on IT contracts, technology projects and on the establishment of a radio network. She also ensured that her work met budgets, details and contracts between parties. One client said that she had the advantage of being a "computer whiz" while also being a lawyer. She spoke the computer lingo which made her stand out. Michael Sage was mentioned for technology and infrastructure, Don Holborow was mentioned for outsourcing, Simon Vannini was mentioned for software and technology, Richard Watts was mentioned for IP, Tracey Walker was mentioned for media litigation, while senior associate Jacki Houtwipper was mentioned for her telco and  IT knowledge.

Bell Gully was also a top dog, especially when it came to technology projects. TMT has previously been quite a unique and difficult space in the Kiwi market, but the firm proved to be a strong contender. Dean Oppenhuis spanned a range of practice areas, and was highly competent at drafting IT service contracts and handling acquisitions. He was a good listener, and was quick, knowledgeable, practical, proactive, client-focused, commercially-focused and particularly pleasant to deal with. Clients could not recommend him more highly for technology and telco. Ralph Simpson was mentioned for regulatory advisory and litigation, while Jonathan Ross was mentioned for telco. Mark O'Brien and Alan Ringwood were mentioned for media litigation, while David Boswell was mentioned for telco and outsourcing. Senior associate Karl Vincent, who joined the firm in recent months, was praised for his IT work. He showed responsiveness and had a hands-on role.

Some of Chapman Tripp's strength lied in IT- or network-supplier contracts and network procurement. Neil Anderson was commended for his government and commercial telco work because of his good process, understanding, and commercially-focused legal advice, and ability to negotiate and litigate without leaving any room for doubt. Hamish Foote, Helen Bowie and Bruce McLantock were commended for commercial telco. Robert Bycroft was chosen for media and telco, and Chris Dann was well regarded for telco and IT. Justin Graham was mentioned for IP, Jack Hodder was praised for defamation, Andrew Poole was chosen for IT and IP, while Matt Sumpter was a noteworthy choice for IT litigation.

Kensington Swan was the top choice for tender-related work. Ross Johnston was knowledgeable on IT matters and clients especially valued his system, design and build maintenance work. He was strong in the public sector and impressive in his ability to speak to vendors in computer lingo. One client said that he has a great reputation, excellent experience and a great deal of respect among his fellow TMT practitioners as the backbone of the firm's practice. Neil Millar was commended for his media and marketing transactional work, Patrick Learmonth was mentioned for advertising and e-commerce, while John Land was a strong choice for media litigation. Quentin Lowcay was mentioned for IT, telco, outsourcing and government transactions.

Minter Ellison Rudd Watts' John McCay was chosen for his long standing relationships and ability to produce the goods. Clients just seemed to stick by him no matter what, whether it was for sub contracts or for comprehensive IT contracts. Graeme Crombie was the IT specialist who was timely, competent and knew the industry well. Andy Matthews had an exceptional knowledge of legal issues, understood economic elements, had a good network of contacts, provided good service, and was well-versed in the field. Richard Wells was often chosen for media and telco.

Russell McVeagh's David Clarke was across-the-board, but was known as a specialist in IT and ICT matters for major clients. Pip Greenwood was commended for media transactions, James Every-Palmer was chosen for technology and e-commerce, Sally Fitzgerald was mentioned for telco litigation, and Joe Windmeyer was singled out for praise for IT.

Buddle Findlay's Steve Nightingale was mentioned for technology, while Nick Crang, tony Dellow and Philip Wood were commended for telco. Dominic Lundon was top choice for outsourcing, while John Glengarry was mentioned for telco IP.

Wigley & Co was one of the specialist ICT/telco firms that clients loved for its technical expertise and knowledge to match their legal skill. The firm was well-known for its conferences and events, which gave clients a very "switched-on and niche" understanding. Michael Wigley effortlessly talked to technical staff as well as to in-house lawyers. He acted for major telco providers, drafted "excellent" IT contracts and had no trouble handling major matters. Senior associate Stuart van Rij was a "real talent" and was also competent.

MGF Webb was called a specialist firm that had a growing reputation as a "top-class" boutique technology and media firm. Malcolm Webb was well-experienced, specialised and client focused, and Mark toner was mentioned for technology regulatory and competition. Corin Maberly was well regarded for technology transactions and outsourcing, and Douglas Webb was mentioned for his regulatory advice. Lowndes Jordan was a good choice for internet, new media and other TMT specialties. Rick Shera was known to handle policy development and copyright. He had a good understanding of how technology works and of copyright ownership. He understood all issues, and kept up to date with new developments and their potential impact on policy and laws. Graham Jordan was mentioned for ICT and IP.
Hudson Gavin Martin's Simon Martin and Wayne Hudson were commended for technology and IP, while Mark Gavin was mentioned for IP and litigation.

DLA Phillips Fox's Brian Bray and Martin Thomson were both mentioned for IT, and handled the bulk of the TMT work in New Zealand.

Dawson Harford & Partners' Chris Linton was mentioned for technology and had a strong IT practice.

Anthony Harper's Peter Woods was chosen for defamation, IP and litigation.

Wilson Harle's Allison Ferguson was mentioned for media.

Leading firms
NB: Firms are listed alphabetically under each subheading
sydney
 CORRS CHAMBERS WESTGARTH
 DEACONS
 DLA PHILLIPS FOX
 GILBERT + TOBIN
 MIDDLETONS
 THOMSON PLAYFORD CUTLERS
 TRUMAN HOYLE
MELBOURNE
 CORRS CHAMBERS WESTGARTH
 HERBERT GEER
 HOLDING REDLICH
 NICHOLLS LEGAL
 TRESSCOX LAWYERS
adelaide
 DLA PHILLIPS FOX
 JOHNSON WINTER & SLATTERY
 PIPER ALDERMAN
 THOMSON PLAYFORD CUTLERS
NATIONAL
top-tier Firms
 ALLENS ARTHUR ROBINSON
 BLAKE DAWSON
 CLAYTON UTZ
 FREEHILLS
 MALLESONS STEPHEN JAQUES
perth
 DLA PHILLIPS FOX
 MIDDLETONS
 STEINEPREIS PAGANIN
neW Zealand
 BELL GULLY
 CHAPMAN TRIPP
 KENSINGTON SWAN
 MINTER ELLISON RUDD WATTS
 MGF WEBB
 RUSSELL MCVEAGH
 SIMPSON GRIERSON
BrisBane
 CORRS CHAMBERS WESTGARTH
 DLA PHILLIPS FOX
 MCCULLOUGH ROBERTSON
canBerra
 DEACONS
 DLA PHILLIPS FOX

other

recommended
firms
NB: Firms are listed alphabetically under each subheading
SYDNEY
 BAKER & MCKENZIE
 HENRY DAVIS YORK
 HOLDING REDLICH
 JOHNSON WINTER & SLATTERY
 TRESSCOX LAWYERS
 WATSON MANGIONI
adelaide
 GADENS LAWYERS
BrisBane
 GADENS LAWYERS
neW Zealand
 BUDDLE FINDLAY
 DLA PHILLIPS FOX
 HUDSON GAVIN MARTIN
 LOWNDES JORDAN
 WIGLEY & CO
MELBOURNE
 ANISIMOFF DAVENPORT
 ANZARUT & PARTNERS
 DEACONS
 DLA PHILLIPS FOX
 MARSHALLS & DENT
 MIDDLETONS

Initial Legal Advisors on National Broadband Network

Firm: Mallesons Stephen Jaques
Lead lawyer: Neil Carabine
Client: Telstra

Firm: Clayton Utz
Lead lawyers: Caroline Lovell, Michael Reede
Client: Optus

Firm: Holding Redlich
Lead lawyer: Chris Lovell
Client: Acacia consortium

Firm: Allens Arthur Robinson
Lead lawyer: Ian McGill
Client: Axia NetMedia

Firm: Corrs Chambers Westgarth
Lead lawyer: Andrew Messenger
Client: Department of Broadband, Communications and the Digital Economy's independent expert panel

Firm: Australian Government Solicitor
Lead lawyers: John Scala,
Garth Cooke
Client: Department of Broadband, Communications and the Digital Economy's independent expert panel

Key Legal Advisors in Kiwi Government's Fibre Initiative

Firm: Chapman Tripp
Lead lawyers: Mark Reese,
Andy Nicholls
Client: New Zealand Telecom

Firm: MGF Webb
Lead lawyer: Malcolm Webb
Client: Vodafone

Firm: NZ Ministry of Economic Development Legal
Lead lawyers: Gaye Searancke, Chris Mathieson
Client: NZ Ministry of Economic Development

Firm: NZ Telecom Legal
Lead lawyers: Tristan Gilbertson, Vanessa Oakley
Client: NZ Telecom