Isabel Foley

Isabel Foley | Litigation Lawyer | Product Liability | Food and Agribusiness | Arthur Cox

Expertise

Isabel is a partner in the Litigation & Dispute Resolution Group, heads up the Product Liability & Product Safety Group and co-heads the Food & Drink Group. Her principal areas of practice are commercial disputes and product liability.  Isabel is a CEDR accredited mediator.

On the commercial side, she advises government entities, companies and financial institutions on general corporate disputes, contentious intellectual property matters, competition disputes, financial services sector disputes, matters of public law, regulatory compliance and investigations, and property disputes, resolving such disputes through mediation, Commercial Court proceedings and judicial review.

On the product side, she advises clients in a wide range of sectors on product liability/safety issues, including risk management, product recall and crisis management, and has extensive experience of dealing with regulatory authorities.

Isabel is listed as a Thought Leader in Life Sciences in Who’s Who Legal 2017 and 2018, was a Client Choice Award winner in 2018 for Product Regulation and Liability and has received awards for Best in Product Liability and Best in Litigation at the Euromoney Women in Business Law Awards. She has also been listed as one of the world’s top 30 practitioners in Product Liability in Best of the Best for 2017 and 2018.

Experience

  • Acted as part of the Arthur Cox team advising the Minister for Finance on the legislation establishing the National Asset Management Agency, on the emergency legislation necessitated for the restructuring of the banking sector, on the legislation establishing a resolution regime for certain credit institutions and on the legislation providing for the liquidation of Irish Bank Resolution Corporation Limited, which culminated respectively in the National Asset Management Agency Act 2009, the Credit Institutions (Stabilisation) Act 2010, the Central Bank and Credit Institutions (Resolution) (No 2) Act 2011 and the Irish Bank Resolution Corporation Act 2013.
  • Acting for the Minister for Finance and the National Treasury Management Agency in obtaining a series of Court Orders pursuant to the Credit Institutions (Stabilisation) Act 2010 in relation to the restructuring of the banking sector. These included Direction Orders in respect of the recapitalisation of Allied Irish Banks (“AIB”), Direction Orders and Transfer Orders in relation to the transfer of certain assets of Anglo Irish Bank Limited and Irish Nationwide Building Society (together now Irish Bank Resolution Corporation Limited), a Subordinated Liabilities Order (“SLO”) in relation to AIB facilitating burden sharing with subordinated liability holders of AIB and acting in the defence of the subsequent challenge to the SLO by two AIB subordinated liability holders.
  • Acting on behalf of the Central Bank of Ireland in securing, in January 2012, a High Court Order under the Central Bank and Credit Institutions (Resolution) Act 2011 appointing a Special Manager to Newbridge Credit Union Limited in the first application under that Act.
  • Acting on behalf of the Irish Stock Exchange Limited in the successful defence of two sets of Commercial Court proceedings (plenary proceedings and judicial review proceedings) taken by the liquidator of Bloxham Stockbrokers seeking to challenge the decision by the ISE to terminate Bloxham’s membership of the Exchange, culminating in the withdrawal of all appeals by the liquidator in 2018.
  • Successfully defending Dunnes Stores in a landmark action by Aldi for misleading advertising and trade mark infringement heard before the Commercial Court and Court of Appeal.
    Advising JTI in relation to plain packaging legislation and litigation challenges to the legislation on intellectual property and other grounds.
  • Representing JTI in a trademark infringement and passing off action against an e-cigarette manufacturer in which JTI secured a permanent injunction restraining the infringement.
  • Acting on behalf of a leading retailer in judicial review proceedings seeking to quash assessments issued by the Revenue Commissioners seeking recovery of €36 million from the retailer in respect of the Plastic Bag Levy. The proceedings challenge the validity of the Plastic Bag Levy Regulations and, in particular, their applicability to bags not used at the point of sale.
  • Representing various leading financial institutions in investigations by the regulatory authorities and in litigation concerning financial products and services.
  • Defending large-scale, complex litigation involving large cohorts of claimants in the areas of tobacco, pharmaceuticals, blood products, telecommunications and medical devices.
  • Managing on behalf of clients, product withdrawals and consumer recalls (to include dealing with regulatory authorities) across a wide range of sectors.
  • Acting for a professional representative body in a right to be forgotten/defamation dispute with Google.
  • Advising various manufacturers of automated systems on potential liability issues arising under new technologies.
  • Representing Greencore Group plc in successfully defending the first follow-on actions for damages brought in the Irish Courts by Irish market participants consequent on a finding of the Commission (IP/97/405) (subsequently upheld by the European Courts on appeal) that a subsidiary of the Greencore Group, Irish Sugar plc, abused its dominant position on the Irish Sugar market.
  • Acting on behalf of Greencore Group plc in its challenge to the decision of the Irish government in July 2006 in relation to the allocation of €145 million of restructuring aid on the EU wide restructuring of the EU sugar industry, culminating in a High Court judgment quashing the Government decision in June 2007.