Isabel Foley

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

Expertise

Isabel is a partner in the Litigation & Dispute Resolution Group and heads up the Product Liability & Safety Group.

She advises State entities, multinationals and domestic corporations, and their boards, on business critical risk, exposure and litigation arising from commercial transactions and disputes, regulatory compliance and investigations, competition issues and financial services sector disputes.

Isabel also has a market leading product liability/safety practice.  She advises multinationals across different industry sectors on associated risk and crisis management, product recalls, related branding and reputational issues and on regulatory engagement.  She has extensive experience in the defence of complex multi-party product liability litigation.

Isabel is a board member of the National Maternity Hospital.  She sits on the Governing Authority of University College Dublin and chairs its Audit and Risk Committee.  She is a CEDR Accredited Mediator and an experienced and active mentor.

Isabel is listed as a Thought Leader in Litigation and in Life Sciences in Who’s Who Legal 2019, was a Client Choice Award winner in 2018 for Product Regulation and Liability and has received awards for Best in Litigation and Best in Product Liability 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 the last number of years.

Experience

Examples of Isabel’s experience over the years include:

    • Core member of the Arthur Cox team advising the Minister for Finance on all aspects of the banking crisis, including:
      • emergency legislation for the restructuring of the banking sector;
      • the structural recapitalization of the Irish banks;
      • the defence of State measures to implement liability management and burden sharing in the Irish banks; and
      • the liquidation of Anglo Irish Bank.
      • Successfully defending the State in time critical litigation brought by a series of international hedge funds in 2011 challenging State measures to facilitate burden sharing with subordinated bondholders in AIB, a key step in the delivery of the recapitalisation of the Irish banks agreed by the State with the IMF, the EU Commission and the ECB.
      • Acting on behalf of the Irish Stock Exchange Limited in the successful defence of a legal challenge brought by the liquidator of Bloxham Stockbrokers to the decision by the ISE to terminate Bloxham’s membership of the Exchange.
      • Representing leading financial institutions in a series of significant investigations by regulatory authorities and in litigation concerning financial products and services.
      • Representing JTI Ireland – Japan Tobacco International (formerly Gallaher Group plc) in relation to:
        • the defence of large scale, complex product liability litigation involving large cohorts of smoking and health claimants;
        • legislation mandating plain packaging for tobacco products and litigation challenges to the legislation on intellectual property and other grounds; and
        • a trademark infringement and passing off action against an e-cigarette manufacturer in which JTI secured a permanent injunction restraining the infringement.
        • Successfully defending Dunnes Stores in an action by Aldi for misleading advertising and trademark infringement heard before the Commercial Court, Court of Appeal and Supreme Court, resulting in landmark judgments in favour of Dunnes Stores.
        • Representing Greencore Group plc:
          • in the statutory investigation by the first ever Court appointed inspectors under the Companies Act 1990 immediately following the privatisation of the former State owned Irish Sugar company;
          • 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; and
          • 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.
          • Representing Mylan on the litigation aspects of its takeover bid for Perrigo.
          • Representing Crindle Investments and Thomas Roche in lengthy and complex shareholder oppression proceedings against Michael Wymes and Richard Wood arising out of the Bula Mines collapse, resulting in seminal decisions under S.205 of the Companies Act 1963.
          • Defending large-scale, multi-party product liability litigation 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.
          • Representing and guiding clients through dawn raids by various regulatory authorities on their premises and ensuing investigations.