Mark Stefanini

Energy

• Acted as lead counsel for a multinational company in an LCIA arbitration relating to the purchase of a substantial industrial facility together with related hydropower and port facilities.  The dispute concerned liability for certain post completion payments and maintenance of the hydropower facilities.
• Advising oil & gas companies in response to regulatory challenges and related litigation concerning UKCS assets
• Acting for an oil & gas company on indemnity claims arising out of the sale of UKCS assets to an international investor
• Advising an oil & gas company on warranty claims arising out of an acquisition in South America
• Advising an oil & gas company in relation to a dispute with its former CEO and local partner
• Acting for a listed oil & gas company in relation to disputes with its local JV partner arising out of operations in Nigeria.
• Acting for a listed oil & gas company in relation to disputed exclusivity under a crude oil purchase agreement.
• Acting for an oil company in relation to disputes under various crude handling and offtake agreements and related charterparties.
• Defended a parastatal oil company in four related arbitrations (under LMAA rules) arising out of exploration and production activities offshore Brazil.
• Advising a major shipping group on disputes arising out of the operation of its fleet of LNG carriers.
• Advising the sellers of a windfarm in litigation arising out of alleged breach of warranties associated with the grid code.

Cybersecurity/Incident Response

• Advising a global financial institution in relation to a data breach. Obtaining appropriate urgent injunctive relief against persons unknown responsible for the theft of data and implementing international process for compliance with notification and other obligations pursuant to GDPR and other relevant international standards.
• Advising several private equity funds in relation to a cross-border cybersecurity incident affecting a global business.
• Regularly guides senior management as they prepare for and respond to complex cyber incidents and supply chain attacks.

Financial Services

• Acting for Société Générale in the Court of Appeal, successfully reversing a first instance order providing for an inquiry as to damages arising out of the maintenance by Société Générale of freezing injunctions against various Goldas entities. Société Générale v Goldas Kuyumculuk Sanayi Ithalat Ihracat AS [2018] EWCA Civ 1093
• Advising Spanish real estate investment fund in litigation concerning breaches of loan documentation and the construction of a London hotel.The case remains one of the leading authorities in relation to the interpretation of material adverse change provisions. Grupo Hotelero Urvasco SA v Carey Value Added SL (2012) QBD (Comm) (Court of Appeal – 12 October 2012). Grupo Hotelero Urvasco SA v Carey Value Added SL [2013] EWHC 1039 (Comm). 
• Advising junior noteholder on claims arising from RMBS securitisation of Portuguese residential mortgages Cinnamon European Structured Credit Master Fund v. Banco Commercial Portugues SA [2009] EWHC 3381 (Ch); [2010] All ER (D) 209; (2009) 160 NLJ 30; [2010] I.L.Pr. 11.

Commercial Litigation and Arbitration

• Acting for the Civil Aviation Authority in the Court of Appeal case that remains the leading English law authority on legal advice privilege, Civil Aviation Authority v R (on the application of Jet 2.com Limited) [2020 EWCA Civ 35]
• Acting for a leading multinational food and beverage company in an ICC arbitration relating to breaches of contract affecting outlets across the Middle East.
• Acting for a global technology company in relation to claims for breach of warranty arising out of the purchase of a cybersecurity business.
• Acting in an ICC arbitration relating to the design and launch of various satellites.
• Acting for the majority shareholders in a consumer products business in successfully resisting attempts by minority shareholders to disrupt a sale process.
• Advised ship owners in relation to dispute with Chinese shipyard involving several shipbuilding contracts. 
• Advised BASF on the first competition law case heard before the Supreme Court, securing a landmark decision on limitation periods. BCL Old Co Ltd and others v BASF SE (formerly BASF AG) and others (No 2) [2012] UKSC 45.
• Advised pensions scheme trustees in substantial High Court proceedings against former professional advisers.
• Represented a major music company in high-profile royalty disputes with Pink Floyd and The Beatles.
• Acted for a sub-contractor on a multi-party professional negligence claim arising from the destruction of a major international retailer’s UK distribution centre in a fire. 
• Represented an Israeli telecommunications company in a claim against a global mobile telephone operator arising from termination of an IT outsourcing contract.
• Advised clients in the food, automotive, chemicals, construction and retail sectors in relation to product safety/liability issues including in relation to product recalls.

The London School of Economics and Political Science

• England und Wales
• Solicitor Advocate with Higher Rights of Audience (Civil)