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ELIZABETH MCENENY

Senior Consultant

Elizabeth McEneny is a Senior Consultant with a cross over Employment, partnership and commercial disputes practice.

Elizabeth has a wealth of experience advising a wide range of clients, from FTSE 100 companies, multi-national corporates and partnerships to directors/ shareholders and private individuals. Elizabeth’s work involves all stages of High Court actions and arbitrations, as well as mediations and advisory work.

The range of advice given by Elizabeth to employers and senior executives includes claims for discrimination, harassment, breach of contract and unfair dismissal.

Elizabeth frequently advises C- suite executives on exit strategies and corporates on recruitment of senior hires who often have long notice periods, complex remuneration structures and anti-competition restrictions, many of which have multi -jurisdictional issues. Elizabeth advises on the operation of remuneration schemes, bonus schemes, long-term incentive plans and share plans, especially in relation to malus and clawback provisions and indirect restraints of trade.

Elizabeth has extensive experience in restrictive covenant and confidential information litigation, including obtaining injunctions to restrain unlawful activity and Court orders to preserve evidence and to seize property.

Elizabeth also advises on Investigations into misconduct and is known for her non- judgemental approach and careful handholding through what can be some of the most traumatic events in her client’s lives. She is known for her ability to carefully dissect evidence and assert a positive robust case.

Elizabeth advises on and litigates shareholder disputes and is known for her out of the box thinking in finding creative resolutions for parties often in entrenched bitter disputes.

Elizabeth advises partners and firms on a range of partnership disputes. She frequently advises international law partners on their exit strategies, and disputes regarding profit share, breach of the duty of good faith and restrictive covenants.

Elizabeth was admitted as a solicitor in England and Wales in December 1998.

POSITIONS AND MEMBERSHIPS

Member of the Employment Lawyers Association
Member of the Association of Partnership Practitioners (APP)

RECENT MATTERS

Partnership

In the last 12 months Elizabeth has managed a complex multi-million-pound partnership dispute. Elizabeth thrives when managing high pressure litigation and keeps all the balls in the air whilst ensuring the best tactical plays. Elizabeth was key in successfully defending/ bringing 2 interim applications immediately prior to Trial, one seeking to strike out key sections of our client’s witness statement and one seeking to amend our Petition. Elizabeth took a firm position regarding the costs of the applications, and refused to be swayed even when the KC did not think we would win. We were successful. This marked a turning point in the matter, as the opposition felt the pressure and financial pain of losing in Court, which no doubt assisted in focussing their mind on settlement.
In the last 12 months Elizabeth has managed an acrimonious dispute between founding partners of a private equity firm relating to the valuation of a share of the business and declarations as to the Identity of the Members and Designated Members of the firm. We were instructed to shake things up and progress matters as swiftly as possible, as the firm that acted previously had made limited progress. Elizabeth quickly came up with a strategy to exert maximum pressure and move the dispute onto the next phase.
Acting for a client in a significant partnership dispute relating to a multimillion-pound property empire.
Advising a partner of a large City law firm on his options as he was being pushed out of the firm he had recently joined due to poor workflow directly related to Covid impact.
Advising a partner in a Top 4 accountancy firm in relation to an investigation and disciplinary process relating to bullying allegations.

Senior Executive

In the last 12 months Elizabeth has advised the Managing Partner of a VC fund whose Limited Partners were overseas governments and global alliances, in respect of allegations of serious corporate misgovernance and unlawful suspension. Elizabeth’s technical and robust advice, representation and negotiation skills enabled the client to exit on a favourable agreed basis – allowed to set up in competition whilst on highly paid garden leave.
In the last 12 months Elizabeth has also advised several C–Suite Executives/founders on possible exits including, a Global Head, Board Member and Director of a Global Asset Management business in relation to a managed exit after having been passed over on a restructure of the business by a female colleague, who was appointed as CEO instead of our client, despite not having the necessary regulatory status for the role, with a clear lack of process. Both cases required a detailed analysis of multiple complex deferred compensation share and bonus schemes and careful tactical planning.
Advising two long-standing C–Suite executives of a FTSE 100 company on their forced exit from the company, whereby agreeable terms were reached.
Advising a senior executive and partner on her exit from her firm and move to her new firm whilst under investigation for misconduct.
Advising a senior executive in a leading bank in relation to sexual misconduct allegations, involving drafting a detailed response to the investigation report whilst taking into consideration the impact on concurrent criminal proceedings and regulatory references, and careful negotiations in relation to his resignation.
Advising two employees of the same firm in relation to allegations of breach of restrictive covenants made by their previous employer, and the misuse of confidential information, to ensure injunctive proceedings did not commence and to agree relevant protection for the examination of their personal devices for confidential information.
Advising the partner and co-founder of a multi-million–pound property business empire in relation to a hotly contentious parting of ways between the founding partners. This was a highly complex matter involving numerous partnerships and corporate entities.
Advising a co-founder, shareholder and director of a successful manufacturing business in relation to his co-founder, shareholder and fellow director’s breach of duties, and defending allegations of unfair prejudice brought by his fellow director, whilst considering the merits of the client’s own claim for unfair prejudice; considering the impact of significant personal guarantees if the business went into administration; and the possibility of action being brought against our client out of the jurisdiction.

Professional Discipline

Acted for a financial services employee of a large global bank in relation to an investigation into allegations of sexual harassment.

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