Maria Costa Passarella

Maria Costa Passarella is a founding partner of Costa Passarella & Accioly Advogados Associados. She is a Brazilian lawyer with 23 years of practice and with experience in the Brazilian’s Superior Courts and Supreme Court. She has been a lawyer for the largest Brazilian public company for 14 years. Maria is member of Legal Hackers Brasilia, a global movement born in 2012 in New York City, of lawyers, legislators, designers, technologists, and academics that explores and develops creative solutions around different issues that intersect law and technology. She is a Counselor of Casa Thomas Jefferson, a binational American-Brazilian cultural center in Brazil.

Babajide Ogundipe

Babajide Ogundipe was called to the Nigeria Bar in July 1979. He co-founded Sofunde, Osakwe, Ogundipe & Belgorein 1988, and the firm quickly became one the leading law firms in Lagos, the commercial capital of Nigeria. He practices primarily as a commercial litigator and, as part of this practice, he has been required, since 1980, to conduct investigations into various different types of fraud and other misconduct on behalf of clients in the banking, insurance, petroleum, pharmaceutical and shipping industries. He has also acted on behalf of numerous clients to assist in the recovery of assets lost as a result of fraud and other misfeasance, most significantly the former majority shareholders of Banco Noroeste S.A., following that bank’s acquisition by Banco Santander Brasil. He has enormous experience acting for the victims of fraud, and has come to be recognised as one of Nigeria’s leading lawyers in the asset recovery field. He is a frequent speaker on arbitration, anti-corruption and asset recovery issues and on the regulation of the legal profession at international conferences and has served as an officer of the International Bar Association’s Anti-Corruption Committee and Vice-Chair for Africa on the IBA’s Regulation of Lawyers” Compliance Committee.

Joanelle O’Cleirigh

Arthur Cox is one of Ireland’s leading law firms. For 100 years, we have led the way in the legal field in Ireland. We are an “all-island” firm, with offices in Dublin and Belfast. We also have offices in London, New York and San Francisco.

With over 550 legal staff and a total headcount of over 800, we provide a comprehensive service to an international client base ranging from multinational organisations, banks and financial institutions and established global leaders to government agencies and new players in emerging industry sectors.

In recognition of our standing in the market Arthur Cox was named Ireland Law Firm of the Year 2020 at the Chambers Europe Awards. We were also named Ireland Law Firm of the Year 2020 at the IFLR Europe Awards.

Joanelle O’Cleirigh is a Partner in the Litigation, Dispute Resolution and Investigation Group at Arthur Cox. Joanelle has over twenty years experience in various litigious commercial matters and has an expertise in investigations and inquiries, fraud inquiries and cases, white collar crime matters, search warrants, cyber security issues and fraud and asset recovery cases.

Joanelle has advised many key clients in relation to national and global litigation concerning fraud and conspiracy allegations including obtaining mareva injunctions and other necessary interim relief to protect clients interests. She has conducted significant investigations for clients into alleged fraudulent activities and advised many clients on compliance issues including bribery and anti-corruption.

More recently she has advised clients in relation to COVID-19 related fraud and is a lead advisor of key clients in relation to their crisis management and reporting obligations.

Joanelle also has unrivalled expertise in investigations (statutory and non-statutory) and has advised clients both in the private and public sectors on crisis and incident management, reporting obligations, reviews and investigations. She has been involved in some of Ireland’s most significant Commissions of Investigations, Tribunals, Inquiries and hearings for example:

• The matter of the Commission of the Investigation Act 2004 and the Commission of Investigation (Irish Bank Resolution Corporation) Act 2014

• The Tribunal of Inquiry into protected disclosures made under the Protected Disclosures Act 2014 and certain other matters following Resolutions passed by Dáil Éireann (Irish Parliament) and Seanad Éireann (Senate) on 16 February 2017

• The Tribunal of Inquiry into the Infection with HIV and Hepatitis C of Persons with Haemophilia

• The Dunne Post Mortem Organ Retention Inquiry

• The Lourdes Hospital Inquiry into Peripartum Hysterectomies

• The Commission of Investigation into the Death of Gary Douch

• The Commission to Investigate in the Dublin Diocese

• The Commission to Inquire into Child Abuse

• Review of action taken by An Garda Síochána relating to certain allegations made by Sergeant Maurice McCabe

• Independent Inquiry into Reports of Unlawful Surveillance of the Garda Síochána Ombudsman Commission

• The Commission of Investigation into Mother and Baby Homes

Joanelle is a lead partner in the Arthur Cox White Collar / Corporate Crime and Investigations Group and is the Irish Chapter Leader of the Women’s White Collar Defense Association which she founded in July 2018.

Axel Benjamin Herzberg

Axel Benjamin Herzberg is an expert in litigating, arbitrating, and collecting claims of all kinds, both, nationally and internationally. He primarily handles domestic and international commercial arbitration as well as cross-border commercial litigation matters. He also has vast experience in German as well as in cross-border asset tracing and asset recovery work.

In addition to his work as party”s counsel, Mr Herzberg also frequently acts as arbitrator in international and domestic proceedings (especially ICC and DIS) and, upon nomination of the German National Committee of ICC, has been appointed member of the ICC Commission on Arbitration and ADR and of its Task Force on Emergency Arbitrator Proceedings.

Mr Herzberg”s clients come from diverse industries, including
▬ commerce,
▬ real estate,
▬ tech, media and telecommunications,
▬ NGOs,
▬ energy,
▬ life sciences,
▬ logistics and transportation.

Mr Herzberg studied law at the German universities of Passau, Munich and Freiburg, as well as at the University of Geneva, Switzerland, where earned the Certificate in Transnational Law. Following his first state exam in Germany in 2006 (ranking among the top 2 %), he served as research assistant at the University of Basel, Switzerland, and subsequently completed his practical training period (Referendariat) with the Supreme Court of Berlin, Germany, earning his second state exam in 2010 (ranking among the top 5 %).

Thereupon, Mr Herzberg was appointed Deputy Counsel at the Secretariat of the ICC International Court of Arbitration in Paris, France, handling some 80+ international commercial as well as investor-state arbitrations. In 2011, Mr Herzberg assumed a position as associate with the litigation and arbitration group of Baker & McMenzie in Berlin where he handled international dispute matters until 2013. In 2014, Axel Benjamin Herzberg completed the University of London (Queen Mary/UCL) Postgraduate LL.M. programme in International Business Law with “merit”, and launched HERZBERG LEGAL, which merged to BODENHEIMER HERZBERG, of which Mr Herzberg was one of the two founding partners in 2017. The firm now has four partners and 20+ attorneys from six different jurisdictions at two offices (one in Berlin and one in Cologne).

Mr Herzberg is a bar-certified specialist in international business law (FA IWR), a member of the Berlin Bar Committee for Attorneys Specialised in International Business Law. He is also admitted to the roll of solicitors of the Senior Courts of England and Wales.

Mr Herzberg is frequently invited as speaker, lecturer or panelist to conferences and seminars across the world. He is one of the managing editors of the most detailed German-language commentary on the ICC and on the DIS Rules of Arbitration (Nedden/Herzberg/Kopetzki, ICC-SchO / DIS-SchO, 2nd ed., 2022).

Axel Benjamin Herzberg, LL.M.
Rechtsanwalt | Solicitor (England and Wales)
Fachanwalt für Internationales Wirtschaftsrecht
Master of International Business Law (London, Queen Mary/UCL)

Matthew R. Lindsay

Matt Lindsay has been a member of the ICC FraudNet since its inception and was the network”s Executive Director from 2012 to 2015. He has practiced in the fraud and asset recovery area for many years, and has been recognized as a leading practitioner by the International Who”s Who of Fraud and Asset Recovery Lawyers. He has been involved in all aspects of fraud and corruption investigation, recovery plan design and asset recovery for a wide variety of clients, including the development of investigation protocols, the design and implementation of multi-jurisdictional tracing and asset recovery plans, pre-emptive relief and discovery procedures, and the tracing and recovery of assets. He has also advised on related matters, including fidelity insurance coverage disputes, subrogation issues, the gathering and use of evidence obtained by authorities, and regulatory investigations. Matt has led fraud and asset recovery assignments across Canada and into many jurisdictions around the world. He is the former Managing Partner of the Calgary office of one of Canada”s largest law firms, and was the leader of that firm”s Fraud, Corruption and Asset Recovery group nationally.

Rose LLP is a litigation firm in Calgary, Alberta. The firm”s partners have over 200 years of combined litigation and trial experience and are all nationally recognized leaders in the legal profession. While located in Alberta, all of the firm”s partners have led and acted on significant matters across the country.

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Andrew Wilkinson

Andrew’s practice includes a mix of fraud-related recovery matters and construction-related litigation and alternative dispute resolution. Corporations of all sizes turn to Andrew for his technical soundness, creative problem solving and depth of experience in a diverse range of fraud claims, construction-related claims, construction lien and bond claims, and delay and impact claims. Andrew has a host of experience with bringing pre-action applications compelling production from third parties and freezing assets. Andrew’s general litigation experience has led him to the resolution of conflicts involving real estate, insolvency, and claims for oppression and other relief under the Business Corporations Act.

Professional Affiliations

Affiliate Member, Surety Association of Canada 2014 – Present
Adjunct Member, Alberta Civil Trial Lawyers Association, 2010 – Present
Member, Law Society of Alberta

Representative Work

Represents a pipeline company pursuing recovery arising from a fraud involving a sophisticated hacking of a vendor’s email system, requiring orders to compel production from financial institutions and freezing of bank accounts

Prosecuting a fraud recovery action agains.t a group of employees who defrauded a construction company through a false invoicing scheme, requiring expert forensic analysis and pre-action orders to compel production from financial institutions and a local police service.

Prosecuted a fraud recovery action against an employee engaged in various frauds which required obtaining numerous ex parte orders to freeze assets and compel production of records from construction companies prior to the commencement of the lawsuit.

Prosecuted recovery actions on behalf of sureties pursuant to indemnity agreements.

Represents a pipeline company in disputes over alleged improper use of technology and patent infringement.

Represented an oil and gas pipeline owner in a complex arbitration and companion litigation with a contractor arising from the construction of a $85 million pipeline.

Represented a general partner in a dispute with limited partner arising from the dissolution of private equity investment partnership.

Represented a partner of oilsands joint venture in a dispute with the other JV partner with respect to the management and operation of an oilsands extraction project.

Represented an international Engineering, Procurement, Construction contractor in construction disputes with its subcontractor, a supplier and the project owner arising from a large electrical transmission and distribution project..

Represented member of a large construction joint venture in a dispute with the other joint venture member arising from industrial potash project.

Represented many general contractors and subcontractors both advancing and defending claims for payment for extras, delays and impact claims.

Represented various individual corporate shareholders claiming oppression and obtaining Court orders allowing for derivative actions to be commenced against directors for their breaches.

Select Publications/appearances

Co-authored a Chapter in the Canadian College of Construction Lawyers’ Construction Contracts Deskbook entitled “Arbitration Provisions in Construction Contracts” .

One Less Defence! Surety Doesn’t Benefit from Expiration of Claim Against Principal: Hoopp Realty Inc v Guarantee Co of North America Construction Law Letter, Vol. 36 No. 6

Registering a Lien Against the Wrong Lands: Fatal or Repairable? Construction Law Letter, Vol. 33 No. 5 Good Intentions Gone Bad: Valard Construction Ltd. v. Bird Construction Co. Construction Law Letter, Vol. 35 No. 2

Claims for Extra Work and Back Charges: A Tale of Two Trades

Show me the Money! Timing the Release of Holdback

Do Something! Labour and Material Payment Bonds should be Disclosed to Claimants

2016 CBA Construction and Infrastructure Law Conference Panel Discussion on Contract Security

CBA Construction subsection Panel Discussion on Commercial Management

CBA Construction subsection Panel Discussion on Construction Bonds and Contract Security

Community Involvement

Intake Volunteer, Calgary Legal Guidance 2009 – 2016
Volunteer, University of Ottawa Community Legal Clinic 2005 – 2007
Member, University of Ottawa Criminal Law Students Association 2004 – 2007
Volunteer, Housing Help – Pro Bono Students Canada 2005