Russell McVeagh

New Zealand's premier law firm

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James Every-Palmer

Partner

Direct Phone: 64 4 819 7370

Mobile: 64 27 580 1616

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James Every-Palmer
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Practice Area:

Litigation

Background:

James' practice spans a number of areas and industries. He is experienced in litigation and dispute resolution, competition law, regulatory and public law advice, technology and e-commerce and general commercial negotiations. more

He has been a partner since 2001. He joined Russell McVeagh after studying in North America and the United Kingdom and working at Sullivan & Cromwell (New York), the IMF (Washington DC) and the OECD (Paris).

James has taught law and economics and cyberspace law at Victoria University. He is also a contributing author to Laws of New Zealand, Equity and Trusts and Electronic Business and Telecommunications Law.

Transaction Experience

  • Providing general Commerce Act advice for clients including Auckland International Airport, Telecom, Mobil and Todd Energy on mergers and acquisitions, access obligations, information sharing, price fixing, interconnected bodies corporate, industry rules and arrangements, use of market power, predatory pricing and price squeezes. 
  • Acting for Westpac in relation to Commerce Act proceedings brought by the Commerce Commission and various retailers over creditcard interchange fees.
  • Acting for Todd Energy in relation to a Commerce Act claim against Transpower over the effect of its transmission pricing methodology on distributed generation.
  • Acting for clients such as Telecom (in relation to TelstraClear), Westpac (in relation to IBM), Fonterra (in relation to quota licenses with the Government) and Mobil (in relation to industry arrangements) on numerous commercial negotiations.
  • Advising clients on general public law issues such as judicial review, Official Information Act requests, governance of state entities and Select Committee submissions.
  • Acting for ONTRACK (as owner of the NZ rail network) in its relationship with Toll NZ.
  • Acting for a consortium of major electricity generators in the preparation of submissions on water allocation rights.
  • Acting for Westpac in relation to aspects of its IT and technology outsourcing arrangements. 
  • Advising Telecom in relation to its outsourcing relationship and contractual arrangements with EDS.
  • Advising clients on e-commerce issues such as jurisdiction, statutory compliance, online contracting, unauthorised email access and domain name issues.
  • Experienced in appearing in court, mediation and arbitration forums in relation to contract, competition law, Fair Trading Act, judicial review and intellectual property issues.
  • Acting for IBM Asia Pacific in relation to major project issues in Australia, Hong Kong, Singapore and Japan.
  • Acting for Telecom in relation to a leaked cabinet paper.
  • Acting in relation to a Waitangi Tribunal claim over indigenous flora and fauna.
  • Acting for Westpac, ANZ and BNZ in a declaratory judgment proceeding in relation to the Unclaimed Money Act.

Qualifications:

LLB (Hons) BA (Hons) University of Otago
LLM Harvard Law School
D.Phil University of Oxford

Admitted to practise in New Zealand  in 1994
Admitted to practise in NSW, Australia in 2000