Penny Birch

BA, LLB, Senior Associate

Penny is a senior associate in the national Corporate & Commercial Team.

Penny advises on a broad range of corporate and commercial work, including commercial contracting, mergers and acquisitions, consumer law, franchising and licensing.  She works with clients on all aspects of supply chain, including procurement, manufacturing, transport and logistics, distribution, retail and marketing and advertising to the end consumer.

In addition to Penny's experience in private practice, Penny has worked in-house for an NZX/ASX listed company as the legal counsel for the global procurement team.  Penny enjoys presenting and running workshops with clients, helping them to upskill their commercial teams in regulatory compliance and contracting best practice.
 

"I work collaboratively with clients to find practical solutions that add value to their organisation."

Recent Projects

  • The following are examples of Penny’s legal work whilst at Wynn Williams and other firms:

  • Leading a series of acquisitions for an ASX listed company whereby independent agencies either sold their shares to the client or entered into network agreements that contained future share purchase options. These transactions included a range of merger and acquisition activity, including due diligence, put and call options, earn outs, and the issue of ASX listed shares in part consideration of the purchase price.

  • Delivering an interim outsourced solution to an NSX/ASX listed company for the review and negotiation of procurement agreements.

  • Advising a multinational digital platform on compliance to New Zealand marketing and consumer laws, including reviewing promotional collateral and pricing claims.

  • Assisting an Australian cosmetic and appearance medicine system to launch in New Zealand by leading the transactions for the acquisition of several clinics, preparing the suite of franchise documentation and advising on regulatory compliance to therapeutic advertising laws.

  • Advising a trans-Tasman security services firm on customer agreements, disputes, updating contract templates and advising on rollout of new pricing policies.

  • Assisting a multinational hotel chain in updating and strengthening its commercial accommodation agreements and running workshops with the national finance team on contracting fundamentals and mitigating risk within their business.

  • Advising a New Zealand natural supplement provider on the application of New Zealand regulations to the launch of a new product to New Zealand, including consideration of medical regulations, therapeutic advertising laws, privacy laws and other consumer laws.

  • Preparing terms and conditions, software-as-a-service agreements and leasing agreements for a tech start-up.

  • Supporting a client’s newly established offshore sourcing office through leading the legal negotiations with South East Asian manufacturers for the direct sourcing of goods to New Zealand and Australian businesses.

  • Preparing international licencing and distribution agreements for the expansion of a leading New Zealand food supply brand into offshore markets.

  • Advising on a range of transport and logistics contracts, including in relation to international freight forwarding agreements and 4PL suppliers.
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Recent Articles

4/09/2020

Use of Influencers in Advertising – important new changes for advertisers and influencers released by the Advertising Standards Authority

The Advertising Standards Authority (ASA) has released a guidance note (Note) to clarify their expectations around influencer advertising. Its purpose is to benefit consumers with increased certainty and transparency when advertisers use influencers to promote their products or services.

Keep reading...



14/05/2020

Pivoting in procurement – suppliers and purchasers forced to urgently review contracts and procurement processes

Supply chain has been severely impacted by the COVID-19 pandemic and New Zealand is swiftly moving through the lockdown levels.

Keep reading...



12/05/2020

Crisis cartels or COVID collusion: Supreme Court Judgement a timely reminder against cartel arrangements

A Supreme Court judgement handed down last month related to the Commerce Commission’s cases against real estate agencies in Hamilton in connection with TradeMe fees for properties listed for sale. The Commerce Commission has to date secured $19m in penalties and the High Court will now determine the penalties for the remaining two agencies and two individuals. This time next year it will be a criminal offence to enter into a cartel arrangement in New Zealand. This aligning New Zealand competition law with that of Australia and other trading partners.

Keep reading...



6/04/2020

COVID-19: Safe harbour from insolvent trading – what does this mean for directors?

As COVID-19 has dramatically changed the business landscape in New Zealand, many directors have been left wondering whether their efforts to save their businesses could expose them to personal liability for trading whilst insolvent.

Keep reading...
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