The Legal 500

The northeastern power markets have been in a state of crisis over the last year attempting to ensure grid reliability and avoid rolling blackouts. Federal Energy Regulatory Commission (FERC) investigations are becoming more frequent amid ever-increasing concerns over grid reliability and, meanwhile, litigation continues from the California blackout of a decade ago. In response to some of the concerns in and around this, New Jersey has implemented a law to incentivize project financing in New Jersey and the in-state construction of natural gas fired combined-cycle power generators. The law is expected to have a profound effect on the PJM interconnection capacity markets relating to buy-side pricing and the law is being challenged under the Federal Power Act before the FERC. In addition, with the Dodd-Frank Act coming into force this year, compliance and reporting issues are expected to seriously affect power-side players, especially those in energy trading.

Recent improvements in technology have opened up more oil and gas exploitation opportunities in the domestic market, for example with shale plays exploitable through hydraulic fracturing technology and other unconventional resources plays becoming plausible. This glut of available natural gas and oil has led to new shale and unconventional resources projects, as well as related acquisitions and divestitures. It has been mooted that some joint ventures are beginning to run their course and that the market is being driven more by M&A at a corporate level, particularly those relating to acreage and technology acquisitions. This argument is most applicable to the Eagle Ford Shale, which even though it is the most active shale play, is reaching full investment level in both acreage and infrastructure.

In renewables, there is uncertainty over the future direction of the solar energy market because certain government incentives and tariffs expired at the end of December 2011 and the remainder will expire at the end of 2012. Offshore wind farms, however, constitute a burgeoning project area with the emblematic Atlantic Wind and Alta Wind projects already underway. Interestingly, there is an increasing level of activity in renewables in areas such as Puerto Rico and Latin America, particularly Brazil and Argentina, and investment from Hong Kong and China, with the latter having a particular interest in carbon sequestration.

Over the last year, McDermott Will & Emery LLP lost numerous members of its energy team to various firms with the majority going to Cadwalader, Wickersham & Taft LLP, including former practice head Paul Pantano. In addition, Hogan Lovells US LLP lost some key players from its team to DLA Piper LLP, including Lee Alexander, Stefan Krantz, John Lilyestrom and Christopher Schindler.

Currently these rankings cover the oil and gas and electricity sectors together, and the rankings are weighted to recognize firms with comprehensive strength across all areas but also recognize high-quality practices that focus on one field or another. The litigation section covers state and federal court litigation, whereas firms with eminent practices in administrative proceedings (including disputes before regulatory bodies) are ranked in the regulatory table; firms with strong practices in both spheres may be ranked in both tables.

2011 saw an increase in environmental work surrounding the use of hydraulic fracturing by natural gas companies in parts of the US. The technique uses highly pressurized fluids to access shale gas deposits contained in rock fractures below the ground, and has attracted significant publicity regarding its environmental impact and health and safety concerns; a greater amount of related litigation and regulation is expected over the coming year. In addition to this, the Environmental Protection Agency (EPA) has continued to pursue its attempts to curb greenhouse gas emissions under existing regulations, such as the Clean Air Act (CAA), and new rulemaking, such as its Mandatory Reporting of Greenhouse Gases Rule and Best Available Control Technology (BACT) guidance for greenhouse gases emitted at bio-energy facilities. This has led to challenges by affected companies and contests over the EPA’s mandate to create them.

The environment ranking covers Clean Air Act, cleantech, climate change, groundwater, Superfund, radioactivity, public nuisance and endangered species matters. Firms recommended for litigation have the capability to operate at a high level in courtroom litigation and arbitration across the sector, or are outstanding in one or several areas. Firms in the transactional and regulatory rankings are noted for their depth and experience in areas such as M&A, capital markets, licenses and royalties, compliance and regulatory.

The healthcare ranking has this year been split between service providers, insurers and life sciences. A firm’s inclusion in any one category means it is either well known for its representation of clients in the area, or has handled a substantial flow of work in the area in the past year. Service providers include hospitals, hospital systems, academic medical institutions and medical centers, while the insurers category includes firms which have a substantial client base on the major insurer/health plan side and the payor side of managed care. The life sciences section covers work for medical device, pharma, biotech and R&D companies.

The work covered spans everything from M&A to regulatory to white-collar defense. As last year, sizeable IP and/or patent litigation practices are mentioned, particularly in relation to life sciences, as well as receiving detailed coverage in the sections dedicated to those areas.

Reform under the Patient Protection and Affordable Care Act (PPACA) has been by far the dominant issue facing service providers and insurers. The move to incentivize integration led to a large amount of work for providers seeking to gain a lead, and drive down future cost, on Accountable Care Organization pilot programs. Spiralling healthcare costs also saw an unprecedented amount of M&A, with health systems and hospitals seeking to economize through consolidation with medical centers and other providers. A government pushback on fraud and abuse meant a glut of work for regulatory and litigation lawyers in enforcement defense: a trend that looks set to continue in the coming years.

Litigation was certainly the prevailing concern of insurers, in the form of high-level actions against Medicare/Medicaid reimbursement rates, recoupment actions against providers, and defense of member actions alleging fraudulent rescission of policies.

Current work on health information technology is likely to be an indicator of future trends, with state-wide electronic health information and insurance exchanges being another major mandate under the PPACA.

An increase in litigation and consolidation, both driven by higher prices and reform, also appears to be the current and future story for the life sciences market. An aggressive Food and Drug Administration has been actively targeting alleged billing fraud, while litigation between companies has been as prevalent as ever. Large-cap pharmaceutical companies looked for new challenges in an economic and regulatory climate ever more hostile to turning profit; this has meant an increase in M&A and licensing/development collaborations, with the trend continuing not just with other pharmas but potentially also with providers and insurers, blurring the lines as to what may in future constitute a life sciences company.

Activity in emerging markets was another feature of 2011/12, as pharmaceutical companies sought to diversify their operations in new territories. China was unsurprisingly the major target for all the top-tier firms active in Asia and Europe, and for many firms below.

The insurance industry has seen a number of changes of late, including legislative reforms under the Patient Protection and Affordable Care Act (PPACA) and the Dodd-Frank Wall Street Reform and Consumer Protection Act. The healthcare reforms have led a number of participants in the health insurance sector to restructure and employ new models in order to comply with PPACA provisions. Although many insurance companies continue to seek advice on the Dodd-Frank Act, its overall impact has been less significant than many industry insiders had anticipated.

In terms of business trends, market consolidation continued in 2011 and this was reflected in Berkshire Hathaway’s move to buy a number of run-off books from other insurance companies. The most significant movement within the legal market came in with a 12-lawyer departure from Dewey & LeBoeuf LLP’s non-contentious insurance practice, including recognised names Donald Henderson, Alexander Dye, John Schwolsky and Michael Groll, who all joined Willkie Farr & Gallagher LLP.

Mark Glasser and Mark Robeck chair Baker Botts L.L.P.‘s litigation practice, which certainly ranks with the best. Originally focused on oil and gas producers, the practice now represents the full spectrum of players in the energy space. It represented CenterPoint Energy Houston Electric before the Texas Supreme Court in a statutory construction matter relating to the right of corporate successors to a prior integrated utility to recover stranded costs and other associated costs under the Texas Electric Choice Act with a resulting judgment of over $1bn in CenterPoint’s favor. The team also acted for CenterPoint before the Public Utility Commission of Texas (PUCT) (on remand) where it successfully negotiated a $1.7bn recovery in stranded costs. It is also representing ExxonMobil in an action filed against the federal government under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) asserting governmental liability, in whole or in part, for ExxonMobil’s past and future cleanup costs for contamination occurring during wartime operations of its Baytown, TX facility. ExxonMobil has spent approximately $40m in investigation and remediation. In the renewables space, the practice is representing the defendants – BP Alternative North America, BP Wind Energy North America, Silver Star I Power Partners, Silver Star II Power Partners and Clipper Windpower Development – against a tort action brought by private landowner, Bob Ladd, claiming that the construction and operation of the 24-turbine Silver Star I wind farm created various nuisances, including visual nuisance, and that Silver Star II might do likewise. Summary judgments were requested to dismiss all defendants except Silver Star I; and to dismiss all nuisance claims save for those relating to noise, shadow and flicker effects, and blinking red lights. The motions were granted and agreement was reached with the plaintiff to sever and abate the remaining claims, whereby, if the plaintiff does not obtain a reversal of the summary judgment for the visual nuisance claim on appeal, then all previously severed claims must be dismissed with prejudice. Among other matters, the team is representing Marathon Oil in a declaratory judgment action to determine liability costs for decommissioning in Alaska. Houston-based Stephen Tipps and Bill Kroger are ‘exceptional’ litigators and advisors. Thomas Eastment, who is based in Washington DC, is well known for representing oil and gas pipeline owners, shippers, and producers; and Greg Copeland and Jennifer Smith are also recommended. All recommended individuals are based in Houston, except where noted otherwise.

Bracewell & Giuliani LLP represents a diverse client base, acting for electric and cogeneration power producers, hydro-power companies, and nuclear, oil and gas, and exploration and production players. It continues to grow its practice and clients include Anadarko, Direct Energy, Topaz Power, Chesapeake Energy, and Plains Exploration & Production. In Bud and Sue Frashier Family Trust, Derivatively On Behalf of Anadarko Petroleum Corporation v James T Hackett, et al, the team successfully represented eight of the nine board members of Anadarko against alleged breaches of fiduciary duties with respect to the board’s actions leading up to and following the Deepwater Horizon explosion. The group is currently representing Kinder Morgan Treating in two class action lawsuits in which plaintiffs allege, inter alia, nuisance and trespass relating to the operation of two natural gas compressor stations. The team is also acting as national counsel for Baker Hughes in hydraulic fracturing litigation, with one case pending in the Pennsylvania Court of Common Pleas (Bradford County) and another in the Southern District of West Virginia. The team is based in Houston and six other offices. Firm-wide litigation head Glenn Ballard and energy litigation head Stephen Crain are recommended, as are partners Paul Fox, Deanna King, J Clifford Gunter, Shelby Kelley, and Sandra Rizzo.

Covington & Burling LLP has a superb dispute resolution practice in the oil and gas space, and over 50 years’ experience in the energy sector. Recently, the team has been particularly active in international arbitrations and, for example, is representing ExxonMobil subsidiaries in a multibillion-dollar ICSID arbitration against Venezuela for repudiation of government incentives and expropriation of the claimants’ investments in Venezuela. The team also successfully represented ExxonMobil subsidiary Mobil Cerro Negro in ICC arbitration wherein it was found that Venezuela was contractually obligated to indemnify Mobil for expropriation of its investment. In litigation, the team is representing American Petroleum Institute, Independent Petroleum Association of America, US Oil and Gas Association, International Association of Drilling Contractors, and International Association of Geophysical Contractors as intervenors on the side of the US government, with each one appearing in one or more of seven cases filed in the Southern District of Alabama, the Washington DC district court, the Eastern District of Louisiana, and the Fifth and Eleventh Circuit Courts of Appeals by various environmental organizations challenging the government’s approvals of offshore oil and gas lease sales, exploration plans, and development plans following the Deepwater Horizon explosion. Claims have been made under the National Environmental Policy Act, Administrative Procedure Act, Outer Continental Shelf Lands Act, and the Endangered Species Act. T L Cubbage co-chairs the practice with Steven Rosenbaum, who is recommended for his superb drafting skills, integrity, and high degree of credibility before the courts. William Massey is also recommended, as is arbitration expert Oscar Garibaldi. Miguel López Forastier has been promoted to partner.

Fulbright & Jaworski LLP‘s highly regarded practice represents major US and international companies in the (upstream, midstream and downstream) oil and gas, power, renewables, and mining spaces in litigation and arbitration proceedings. The practice is led from Houston with support from colleagues in other offices. The practice, which has expertise in matters relating to class certification, defended numerous oil companies in a consolidated MDL brought by over 1m plaintiffs alleging underpaid royalties and working interests wherein court approved a settlement class. The team also defeated a motion for nationwide class certification of royalty and working interest owners alleging the natural gas pipelines had systematically under-measured gas. William Wood, who won a complete defense verdict in a case where holders of an oil and gas interest in undeveloped lands claimed damages exceeding $50m, co-heads the practice with Daniel McClure, who also heads the firm-wide class action group and focuses on the oil and gas space. Denver-based Poe Leggette‘s practice focuses on judicial and administrative litigation concerning the development of natural resources on federal and Native American lands and is recommended along with of counsel Osbourne Dykes III.

The boutique firm of Gibbs & Bruns LLP is among the top commercial litigation firms in Houston and brings this expertise into the energy space, where it is often used in high-stakes matters. The team represented defendant ConocoPhillips in a contract dispute before the Texas Supreme Court arising from the auction sale of ConocoPhillips’ natural gas pipelines and processing plants. The plaintiff, WTG Gas Processing (WTG), alleged it had an oral contract with ConocoPhillips to purchase the assets, which were sold to Targa. WTG sought damages for breach of contract, fraud, and negligent misrepresentation, and filed further claims alleging tortious interference with a contract or prospective business relationship with ConocoPhillips’ financial adviser (Morgan Stanley, as was) and Targa, claiming Targa had knowledge of the pre-existing contract. Summary judgment was granted for the defendants at first instance, following which the Court of Appeals affirmed dismissal of all claims against ConocoPhillips on the basis that the client negated the existence of any contract with WTG and that WTG’s evidence was insufficient as a matter of law. WTG was denied a review by the Supreme Court of Texas, following a full briefing. It also acted for counter-defendants matrix Petroleum, Talisman Energy USA, and Statoil USA in a trust dispute relating to a multi-party title dispute over 7,000 acres of land in the Eagle Ford shale region with final summary judgment granted in the clients’ favor. Senior partner Grant Harvey, managing partner Scott Humphries, and Sam Cruse III are recommended for their ‘excellent trial qualities and commitment to the needs of their clients’. Founding partner Robbin Gibbs and senior partner Barrett Reasoner are also recommended.

King & Spalding LLP provides ‘excellent service with sound advice’ through its ‘strong, well diversified, and refreshing’ team, which has notable expertise in international arbitrations, particularly those involving bilateral investment treaties. It recently represented Chevron in one of the largest ever international arbitrations, in which it filed against Ecuador alleging breaches of settlement and release agreements relating to environmental remediation claims for historic petroleum production activities and a proposed $27bn judgment against Chevron in an Ecuadorian court. The firm also made representations under the US-Ecuador bilateral investment treaty for claims of due process and procedural violations by Ecuador in initial proceedings. The tribunal granted Chevron’s interim request for Ecuador to take all necessary measures to prevent enforcement of an Ecuadorian order. The team is currently challenging the Ecuadorian proceedings in The Hague and in parallel domestic proceedings relating to the enforceability of the Ecuadorian judgment. It is also defending Chevron in numerous state and federal court cases, most of which form part of an MDL by plaintiffs seeking multimillion-dollar treatment and punitive damages alleging water contamination by the gasoline additive MTBE. Other clients include Anadarko, ConocoPhillips, Edison Mission Company, Shell Oil, Occidental Petroleum, and Halliburton. Managing partner and practice head Robert Meadows is a leading trial lawyer and the persistent Penn Huston is also recommended. Reagan Simpson left the firm.

Steptoe & Johnson LLP‘s service is ‘at the top of expectations’. Globally minded Doug Green has ‘superior analytical skills and a statesman-like approach’, and David Raskin is a ‘go-getter’ litigator whose advice is ‘tempered by wisdom‘; both are recommended for their work in the electricity sector. The team is representing Southern California Edison as leader of a coalition of California utilities and agencies in ongoing litigation arising from the 2000-2001 California blackout and has served as lead negotiator for numerous settlements with Enron and others totaling approximately $4bn. Richard Roberts, a regulatory expert and ‘a superb litigator’, is leading the team representing Public Service Electric and Gas and PSEG Power in federal litigation against New Jersey alleging that the state’s recently enacted long-term capacity agreement pilot program law is unconstitutional, based on pre-emption by the Federal Power Act and that it violates the commerce clause. Other states are considering laws similar to New Jersey’s and this matter is likely to be precedent setting. The team also continues to advise carrier ConocoPhillips in ongoing TAPS-related litigation and appeals; these included the firm leading, and Steven Reed arguing, the case for the carriers on issues relating to TAPS carriers’ interstate rates before the DC Circuit Court of Appeals. Reed, Steven Brose and Daniel Poynor are recommended for their expertise in pipeline matters.

Vinson & Elkins L.L.P. is ‘at the top of the pyramid’ for oil and gas disputes. Its lawyers are ‘excellent at mastering complex facts’, provide tailored advice, and show ‘tremendous business acumen’. The team acts for players across the industry, including Shell Oil, Shell International Trading and Shipping, Shell International Trading and Development, Anadarko, Duke Energy, and Plains All American Pipeline. In Davis v Duncan Energy Partners LP, the team successfully defeated merger challenge lawsuits filed before state and federal courts, which sought to enjoin Enterprise Products Partners from its $2.5bn acquisition of Duncan Energy. The team is also advising various clients in environmental and tort lawsuits relating to hydraulic fracturing, and class action and qui tam litigation regarding royalties. James Thompson III and practice leader Guy Lipe are ‘excellent’ trial attorneys. Matthew Stammel, who was recently promoted to partner, is an ‘outstanding, first-rate litigator’ who provides ‘top-notch, cost-conscious’ advice. Karl Stern and Mark Rodriguez are also recommended. Appellate practice group co-head Marie Yeates is recommended for her ‘wonderful’ appellate work, and is an ‘excellent’ advocate.

Gibson Dunn‘s energy litigation practice is able to draw on the considerable expertise of the firm’s finance and transactional practices to handle shareholder and derivative disputes in the energy sector. For example, it represented a special committee of the board of directors of BP in shareholder derivative litigation relating to environmental and worker safety incidents at its Texas City refinery, a case in which the Galveston federal district court dismissed all claims. The team also represented Southern California Gas in a matter against the City of Alhambra, CA, wherein the federal district court in Los Angeles held that the city violated the contracts clause by enacting an ordinance imposing new fees on utility companies excavating in its streets because the company already had a franchise agreement with the city and pays annual fees for the same rights. The team also has strength in cross-border and international matters and recently obtained a preliminary injunction against the defendants (Ecuadorian plaintiffs and their counsel in related proceedings) in a RICO suit filed in the Southern District of New York, barring the defendants from seeking to enforce an $18bn-plus judgment rendered by the Ecuadorian court. New York-based William Campbell, Steve Buffone and Nicholas Politan Jr co-chair the group.

Kirkland & Ellis LLP leverages the firm’s overall litigation expertise to represent oil and gas clients across the gamut of energy litigation matters. The team acts for key client BP in a variety of cases, including antitrust, royalty, and public and consumer class actions. The Chicago-based team, led by leading lawyer Richard Godfrey, continues to act as BP’s lead counsel in In Re Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico on April 20, 2010, as well as related lawsuits and the case opened by the Marine Board of Investigation. The team is also defending Spanish and Argentinian oil and gas companies, Repsol and YPF, against fraudulent conveyance and alter ego claims relating to a US subsidiary. This action was initiated by the New Jersey Department of Environmental Protection and is currently being heard in the New Jersey Superior Courts. The firm also acts extensively for ExxonMobil, and other notable clients include Calpine, ConocoPhillips, and Hoosier Energy.

Morgan Lewis advises major multinational oil and gas companies and domestic utilities, and is well known for its niche expertise in the nuclear sector. The team successfully represented Southern California Edison in an appeal brought by the US Department of Energy (DOE) in the Federal Circuit, which affirmed the lower court’s award of $142m to the client for the DOE’s failure to accept spent nuclear fuel for disposal in accordance with a government contract. The team also represents the majority of other domestic nuclear utilities, including (inter alia) Portland General Electric, Exelon, Dominion, and Constellation, in similar actions and has secured over $1bn (aggregate) for its clients. In addition, it is representing ExxonMobil in parallel state and federal litigation brought by the City and County of San Francisco alleging historic soil and groundwater contamination by Mobil Oil in Fisherman’s Wharf from a diesel fueling terminal, and is also representing ExxonMobil in related private party proceedings. The team is also acting for a defendant in the Deepwater Horizon class action, and is representing a major oil company in multiple suits alleging petroleum contamination of a residential area near Los Angeles. Washington DC-based Brad Fagg heads the team. He and Los Angeles-based managing partner David Schrader are recommended.

Morrison & Foerster LLP advises clients in the LNG, renewables, pipelines and nuclear spaces, and is run from the firm’s Washington DC and California offices. The team is advising Sempra Energy in the matter of Sanchez Ritchie v Sempra Energy in the Southern District of California. Ritchie, a Mexican citizen, alleged (inter alia) that Sempra bribed Mexican authorities and engaged in improper activity thereby denying his real property rights, damaging his real and personal property, and having him wrongfully arrested by the Mexican authorities to further Sempra’s construction of an LNG terminal in Baja California, Mexico. The court found that all damages in the complaint resulted from action by the Mexican authorities, who acted on privileged communications made by Sempra. The court granted Sempra’s motion to dismiss, but did so without prejudice and with leave to amend. The plaintiff has amended the complaint and the proceedings are ongoing. It is advising the DOE on litigation risk for assessing whether to grant a loan guarantee to High Plains Ranch II, the project developer for the California Solar Ranch Project in San Luis Obispo County, in light of a lawsuit filed by a local citizen and two environmental groups seeking an order to invalidate project approvals and prevent development. Senior counsel Robert Loeffler in Washington DC co-heads the group with new arrival Dian Grueneich in San Francisco, who is a former Commissioner at the California Public Utilities Commission.

Sidley Austin LLP‘s Washington DC-based energy litigation practice focuses on oil and gas matters. It is advising PG&E in state and appellate court cases stemming from the 2000-2001 California energy crisis, as well as in FERC proceedings. PG&E was the largest buyer of power at the time of the blackout and is seeking to recover overcharges from sellers resulting from the sustained price spikes. With billions of dollars still at issue, the team is leading the litigation for PG&E, and has achieved successful appeals at the DC and Ninth Circuit Courts of Appeals, spawning hundreds of petitions for review in the Ninth Circuit. There is also a pending trial at the FERC and a judgment in a related action tried in the Court of Federal Claims remains outstanding. The team also provides broad-ranging representation for key client ExxonMobil in appellate litigation and arbitration. Global practice coordinator Eugene Elrod and William Williams are recommended.

Thompson & Knight LLP‘s ‘great’ oil and gas litigation practice is run by the firm’s Dallas, Houston and Austin offices with Dallas-based Craig Haynes leading the team. It advises clients in arbitration and in federal, state, and appellate courts on wide-ranging energy-related disputes such as fraud, improper payment of royalties (including qui tam actions), force majeure, and various tort and other contractual issues. The team represented Hunt Oil in Hunt Oil Co v Live Oak Energy Inc. At first instance, a jury had found that Hunt Oil was negligent in its drilling practices in East Haynesville, Louisiana, and awarded Live Oak over $5m in damages. However the Texas Court of Appeals, Fifth District, found that the statute of limitations had run on Live Oak’s claim and accordingly reversed the trial court’s judgment. Live Oak petitioned the Texas Supreme Court for review, which is pending. The team is also representing 16 plaintiffs seeking, inter alia, actual and punitive damages arising from their collective investment of more than $14m in an unsuccessful oil and gas project. Four judgments have been rendered against eight of the defendants, resulting in over $100m in damages being awarded. Dallas-based partners Greg Curry and Andrew Derman are recommended, as is Austin-based of counsel Becky Jolin.

White & Case LLP splits its practice between its New York and Washington DC offices and advises clients in litigation and arbitration matters in the electricity and oil and gas spaces. As M&A and lead litigation counsel for Hess Corporation, the firm successfully defeated state and federal suits for shareholder class action certification brought in Nevada and Colorado challenging Hess’s $458m acquisition of American Oil & Gas – an acquisition that bolstered Hess’s position in the Bakken shale play by 85,000 acres. The team also has significant strength in US litigation with an international element. For example, it successfully won dismissal of private plaintiffs’ antitrust class action lawsuit filed in the Fifth Circuit Court of Appeals alleging that clients Saudi Aramco and its US subsidiaries and affiliates conspired with OPEC, among others, for the purposes of price-fixing. It also represented Russian oil company TNK-BP Holding in a multibillion-dollar RICO action in the Southern District of New York alleging a scheme between TNK-BP and others to dominate the Russian oil market (including allegations of misuse of the Russian judiciary). The Second Circuit Court of Appeals dismissed the action on the grounds that this type of non-US dispute was not reached by the statute, in so doing becoming the first Circuit Court to apply the US Supreme Court’s decision in Morrison v National Australia Bank Ltd. The team is overseen by global head of energy Arthur Scavone in New York, and Americas regional section head of energy Victor DeSantis in Washington DC.

Winston & Strawn LLP‘s practice is best known for its representation of utilities, both in the electricity and nuclear spaces, and continues to grow its presence in oil and gas. The practice was bolstered by the arrival of several litigators following the dissolution of Howrey LLP in 2011. The team is representing USGen New England in its ongoing bankruptcy dispute with TransCanada Pipelines, which brought a breach of contract action against USGen after the termination of its natural gas transportation contract with TransCanada after USGen entered bankruptcy. The bankruptcy court found that TransCanada had mitigated all but $3.4m of the $52m in damages claimed by reselling the pipeline capacity originally sold to USGen. The US District Court for the District of Maryland affirmed the bankruptcy court’s decision on appeal, but the matter is now subject to a further appeal in the Fourth Circuit Court of Appeals. The firm also represented Duke Energy in the South Carolina Administrative Law Court against the South Carolina Department of Health and Environmental Control (DHEC) in a re-licensing dispute relating to its hydroelectric power plants on the Catawba-Wateree River system, which is now being appealed by the DHEC and environmental groups. Practice chair Jerry Bloom in Los Angeles and Gordon Coffee in Washington DC are recommended.

Skadden, Arps, Slate, Meagher & Flom LLP’s regulatory practice spans high-profile M&A transactions, energy marketing and trading, enforcement, organized electric markets, grid reliability, nuclear power, natural gas, and LNG. The formidable John Estes III focuses on complex FERC litigation and is defending several clients in non-public FERC and CFTC investigations involving market manipulation allegations. He is also representing New England Power Generators Association and PJM Power Providers in FERC proceedings seeking to strengthen the provisions for the mitigation of buyer market power in the respective ISO-NE and PJM capacity markets. The team represented FirstEnergy in its successful bid to join the PJM RTO and continues to represent it in related FERC matters. The team also has an impressive track record in defending against FERC Section 1(b) investigations, including convincing staff to close an investigation and converting the investigation into Open Access Transmission Tariff (OATT) violations. John Estes III and Clifford Naeve are highly regarded, and former FERC general counsel and chief of staff William Scherman is also recommended.

‘Regulatory powerhouse’ Van Ness Feldman, P.C is ‘a jewel of a boutique firm’ with expertise in all energy regulatory areas, and it has been particularly active in the hydroelectric space. Additionally, clients comment that other firms ‘pale in comparison’ when it comes to policy. On the litigation side, the firm filed an amicus brief on behalf of the hydroelectric industry in PPL Montana’s successful petition for certiorari in the matter of PPL Montana, LLC v State of Montana. The firm continues to represent PacificCorp in the re-licensing of its Klamath hydroelectric project in proceedings under the Energy Policy Act 2005. The parties reached a landmark agreement, valued at $450m, that could lead to the removal of four large dams on the Klamath River with special provisions requiring Congressional authorization and federal and state approvals. In a separate matter, the team successfully represented PacificCorp against Hoopa Valley Tribe’s request that FERC impose interim conditions on PacificCorp’s annual license at the Klamath hydroelectric project. FERC denied the request and the DC Circuit Court confirmed the order. The team’s work often straddles the gap between court and administrative agency proceedings, which is exemplified by its policy-changing representation of 18 member utilities regarding FERC hydroelectric licenses challenging a FERC rule establishing a new rental fee methodology for hydropower projects operating on federal lands. The DC Circuit Court vacated FERC’s rule, holding inter alia that it violated FERC obligations under the Federal Power Act and this resulted in over $20m in refunds and/or cost savings. Other clients include Rockies Express Pipeline, Dominion Cove LNG, and Resale Power Group of Iowa, the latter of which the firm is representing in a matter raising issues regarding the integration of municipal and investor-owned transmission systems. It also represented the Texas Pipeline Association in its successful Fifth Circuit appeal in Texas Pipeline Association v Federal Energy Regulatory Commission, wherein the court ruled that FERC’s orders requiring major intrastate natural gas pipelines to post operational information ‘unambiguously exceeded the Commission’s authority’ under the Natural Gas Act. In addition to the above, the team is active in advising on regulatory aspects of various renewables projects. Paul Korman is highly regarded, Kyle Danish is ‘a top lawyer’ for understanding political dynamics, and Curt Moffatt and Michael McBride are also recommended.

Andrews Kurth LLP represented EnergyConnect in obtaining favorable precedent for demand response services market not being subject to FERC jurisdiction and not requiring market-based rate authority. The team also represented Western Grid Development in obtaining a first-of-its-kind declaratory order from the FERC that installed large-scale electricity storage devices qualify as wholesale transmission facilities under FERC’s jurisdiction. The team also continues to represent TransCanada in multiple-complaint FERC proceedings arising from the California energy crisis; the administrative law judge recently rejected complainants’ request for approximately $50m of refunds from TransCanada. The team is also well-versed in regulatory issues in the renewables sector, particularly wind energy. Shemin Proctor has ‘very in-depth and current knowledge’, Mark Sundback is ‘quick to understand extremely complex regulatory and legal issues’, and practice head Kenneth Wiseman is ‘impressive’.

Bracewell & Giuliani LLP’s ‘excellent’ team provides ‘extremely effective, first-rate’ guidance and advice. The team is active in various market manipulation investigations and, in FERC enforcement proceedings, is representing several companies including ConocoPhillips, which it represented in an investigation and settlement relating to an internal review of natural gas transportation and capacity release matters. In response to New Jersey’s recent legislation to incentivize in-state power generation, which affects PJM competition, the team is representing PPL Corporation and its subsidiaries in proceedings before the FERC and has been engaged by various members of the PJM Providers Group in seeking an agency rehearing. Aspects of the proceedings are now pending before the Third Circuit Court of Appeals, and the team is representing PPL in the five petitions that have been filed to date. The team also represented several major gas marketers in opposing FERC’s efforts to retrospectively and/or prospectively expand the ‘buy/sell prohibition’ from interstate pipelines to intrastate and Hinshaw pipelines. As a result, FERC announced it would not seek enforcement. It continues to advise Powerex Corporation and Shell Energy North America in California ex rel. Lockyer v BC Power Exch Corp, originally a FERC case which has resulted in appeals to the Ninth Circuit and the US Supreme Court. The case involves issues relating to cross-border energy trading, the Foreign Sovereign Immunities Act, the North American Free Trade Act, and the Columbia River Treaty. G Alan Rafte heads the team, in which Mark Lewis and Kirk Morgan are recommended for pipeline work and are both ‘very seasoned, hardworking, and client focused’. Kirstin Gibbs is recommended for her vast knowledge of natural gas regulatory issues, and associate Michael Brooks is regarded as an ‘up-and-coming star’. Gibbs and Brooks joined from Sutherland Asbill & Brennan LLP. In May 2012, Catherine McCarthy joined from Dewey & LeBoeuf LLP.

King & Spalding LLP’s ‘top-notch’ team has ‘in-depth industry knowledge’ and its advice is ‘always on target’. Its primary focus is in the electricity space, and it acts extensively for many independent power producers in all US electric power markets, including new clients Exelon Generation Company, TC Ravenswood, and Advanced Power Services NA. It advises on a wide range of regulatory issues, including the North American Electric Reliability Corporation (NERC) reliability standards, and obtaining and maintaining exempt wholesale generator status. In the oil and gas space, clients include Chevron and BP American Production Company in regulatory matters relating to pipelines, exploration and production. The team is representing the Electric Power Supply Association in leading opposition to FERC’s mandate that ISOs and RTOs pay demand resources full locational marginal prices without offset for avoided purchase costs. FERC denied a rehearing and the matter is to proceed to the Court of Appeals on jurisdictional grounds. It is also representing Calpine, as well as various subsidiaries and affiliates of Dynegy, GenOn, NRG and Tenska, in judicial review proceedings before the DC Circuit Court of Appeals challenging FERC orders claiming jurisdiction over generators’ self-supply of station power in the California Independent System Operator Corporation market, which thereby pre-empts states from imposing retail charges under tariff provisions. If the challenge is successful, it would have significant implications for independent suppliers countrywide. Notably, the team is also representing USPowerGen, NRG Energy and TC Ravenswood in challenging the New York ISO’s implementation of buyer-side market power mitigation mechanisms, the outcome of which may decide whether USPowerGen is forced to file for bankruptcy. Neil Levy, who co-chairs the global energy practice, is ‘top-rate’ and trusted by clients. David Tewksbury is ‘very creative and has an expansive knowledge of FERC’, and Bruce Richardson is ‘excellent’.

Steptoe & Johnson LLP is prominent in the industry in electric and oil pipeline matters, for which it provides highly valued advice and ‘outstanding’ customer service. The team is assisting ConocoPhillips in several TAPS-related matters before the FERC and the Regulatory Commission of Alaska. These matters include issues of intrastate rates arising from the strategic reconfiguration of practices of TAPS carriers, and representing TAPS carriers in an ongoing challenge to Alaska’s significant increase in its ad valorem tax assessment of TAPS. The team is also advising Enbridge Energy regarding various ongoing regulatory investigations arising from an oil spill in Michigan, and continues to represent Southern California Edison in ongoing litigations and negotiations concerning the California energy crisis. In addition, the team is advising affiliates of American Electric Power, Duke Energy, Northeast Utilities, NSTAR Corporation, MidAmerican Energy, Enbridge Corporation, American Transmission Company, Tres Amigas, and Grasslands Renewables on various regulatory issues arising from their respective billion-dollar electric transmission projects across the US. Oil pipeline lawyers Steve Brose and Daniel Poynor have ‘great knowledge, give on-point advice, and are highly respected by regulators’. Richard Roberts is ‘a superb regulatory lawyer, both inside and outside the courtroom’. He and Steven Ross are highly recommended for their work in the electric space.

Winston & Strawn LLP’s practice is chaired by Jerry Bloom in Washington DC, who focuses on renewables, combined heat and power, and fossil fuels. He is ably supported by Joseph Karp in San Francisco, who also focuses on renewables and combined heat and power. Bloom, Karp and Lisa Cottle represent the California Cogeneration Council before the CPUC and are currently involved with the CPUC-supported effort to structure a new California cogeneration industry paradigm, which is in the final stages of approval. The practice recently represented Terra-Gen Power, Midlands Cogeneration Venture LP and Empire District Electric Company in various FERC matters regarding policy issues, base rates and rate tariffs, contract disputes and administrative proceedings. The team is particularly active in nuclear licensing issues before the NRC. For example, it represented Honeywell International in its successful petition for review by the DC Circuit Court of the NRC’s denial of an exemption from the licensees’ tangible net worth standard for decommissioning purposes. It also assisted Unistar Nuclear Energy Company and Detroit Edison Company with applications for combined operating licenses. David Repka is the key contact and is highly regarded. In May 2012, Elias Farrah joined from Dewey & LeBoeuf LLP.

Cadwalader, Wickersham & Taft LLP’s recently formed energy practice is ‘very good’ in FERC matters, and is led by Paul Pantano Jr, formerly of McDermott Will & Emery LLP, who brought with him a sizeable team, including ten partners. The group successfully represented Brookfield Energy Marketing before the FERC in the first privately prosecuted market manipulation case under §222 of the Federal Power Act, which was brought by a number of Connecticut representatives including the State Attorney General and included allegations of fraud. The FERC judge ruled in Brookfield’s favor and the complainants’ request for a rehearing was denied, but the Attorney General has appealed. The team also represented several intervenors in FERC natural gas pipeline rate proceedings brought by various pipeline companies. In M&A, it won state and federal regulatory approvals for AES Corporation’s $4.7bn acquisition of DPL Inc, a subsidiary of Dayton Power & Light, which included an antitrust review under the Hart-Scott-Rodino Antitrust Improvements Act. Other work includes advising many potential swap-dealers and end-users in the energy space on reforms under the Dodd-Frank Wall Street Reform and Consumer Protection Act, an area in which Pantano Jr provides ‘invaluable assistance’. Special counsel Joseph Williams is also recommended.

Cleary Gottlieb Steen & Hamilton LLP is recommended for its quality of work in complex FERC filings and provides timely, knowledgeable advice that represents ‘extremely high value for money’. It is advising Google on FERC regulatory aspects of renewables investments and retail regulation of electricity consumption. It is also advising the Electricity Consumers Resource Council on regulatory issues before the FERC relating to transmission planning, cost allocation, demand response, smart grid technologies, renewables, and market power considerations for mergers and acquisitions. Other notable clients include Cascade Investment, PEMEX, TPG Capital, Stora Enso Oy, and Veolia. W Richard Bidstrup is highly recommended.

Covington & Burling LLP’s ‘excellent’ team has strong regulatory expertise, underpinned by a deep bench of former high-ranking officials in the energy and environmental sectors, including highly regarded practice chair William Massey, who previously served as chairman of the NRC and is recommended for complex policy issues. The team acts extensively as COMPETE Coalition’s exclusive counsel in legislative, regulatory and policy matters and represented it before the Ohio Public Utilities Commission in regulatory proceedings relating to a significant rate increase, which is now in contested settlement proceedings before the FERC. Massey is also representing the Coalition regarding a range of issues brought before Congress, the FERC, and the DOE, as well as other state and federal regulatory bodies and agencies. The team is also representing Public Services Enterprise Group (PSEG) in requesting full recovery of abandonment costs and construction work in progress incentives, and successfully represented PSEG Power Companies against a FERC complaint filed by Morris Energy alleging violations of market rules, including false statements and market manipulation. Former general counsel of Constellation Energy Robert Fleishman is also a key contact.

Larry Eisenstat leads Dickstein Shapiro’s practice, which earns plaudits for its service, expertise and business acumen. Frederick Lowther is ‘a great lawyer with excellent business acumen and creativity’. Counsel Joan Darby, who is ‘a stickler for detail’, is also recommended along with Beth Webb. The team represented LS Power Transmission, which led a group of independent transmission developers in advocating what is now FERC’s final rule on establishing new cost allocation principles and policies, and thereby opened up the transmission industry to new entrants. The team also acted for Cedar Creek, a subsidiary of Summit Power, in seeking a reconsideration and appeal to the Idaho Supreme Court and petition for enforcement of the Public Utilities Regulation Policies Act (PURPA) as a result of the Idaho Public Utilities Commission (IPUC) changing the eligibility requirements for qualifying facilities to receive a published rate contract, changes which had caused the rejection of five agreements between Cedar Creek and Rocky Mountain Power. In this matter, the team recently won a ruling from FERC that IPUC’s decision was inconsistent with PURPA and FERC’s implementation regulations. Additionally, the team is advising the City of Boulder, Colorado, in its efforts to create a municipal utility, including managing and mitigating potential hurdles to its efforts such as litigation risk posed by Xcel Energy for stranded cost recovery.

Latham & Watkins LLP provides an ‘exceptional’ level of service, specialized knowledge and has ‘the best lawyers in the room during negotiations’. The team is representing Pepco and its parent PHI Holdings in proceedings before the Maryland Public Service Commission relating to Pepco’s system reliability and storm responsiveness wherein state regulators are determining whether to withdraw Pepco’s franchise. It is advising Energy Capital Partners and Power Holdings of Illinois on legislation relating to the construction and operation of a synthetic natural gas plant wherein the gas is created from coal (a project that would require new state legislation), as well as on permitting and sequestration of carbon emissions. Kenneth Simon is ‘excellent, with distinguishing ability’ in regulatory matters and is currently acting for First Reserve Corporation regarding all gas and electric regulatory issues in three potential acquisitions of electric power generating SPVs in the eastern US. David Schwartz is global chair of the practice.

Morgan Lewis comprehensively covers energy regulatory matters across the nuclear, electric, and oil and gas spaces; it receives ‘top marks’ for industry knowledge and advice, and provides ‘a superb return on investment’. The team successfully represented several parties, including natural gas producers, electricity generators, and a local distributor of natural gas in an industry-wide joint NERC/FERC investigation into the causes of the February 2011 electricity outages and natural gas delivery disruptions in the Southwest; there were no adverse findings. The group also regularly advises electricity and gas utility companies, and is advising an independent power producer on reliability standards compliance. It also represented an oil and gas producer in an FTC investigation into petroleum trading activities; a power marketing company in a FERC investigation into energy trading activities; and a CFTC investigation into natural gas trading activities. The team is representing Exelon in an early site permit proceeding for a new nuclear power plant, the first such application in Texas, and is acting for Shaw AREVA MOX Services in its efforts to obtain a possession and use license from the NRC for the MOX fuel fabrication facility, which would be the first such commercial facility in the US to use weapons-grade plutonium. Practice head Kathryn Sutton is a go-to contact for nuclear regulatory work and Donald Silverman is also expert in this area. John McGrane is ‘a highly effective advisor and advocate’; Stephen Spina is an ‘able facilitator’ in the electricity sector; and Mark Haskell is the key contact for oil and gas work. The practice has been bolstered by the recruitment of Glen Bernstein from Sidley Austin LLP and of counsel Brett Snyder from Dewey & LeBoeuf LLP.

Sidley Austin LLP’s broad-based energy regulatory practice is highly recommended by clients. The team has represented consumer appliance and equipment manufacturers relating to Department of Energy rulemakings and enforcement arising from mandatory energy efficiency standards and test procedures, as well as the voluntary Energy Star program. It is advising a major privately owned oilfield services company in ongoing investigations and Congressional legislative activity regarding hydraulic fracturing. The team continues to represent Mobil Pipeline Company in respect of its denied application to the FERC to charge market-based rates for its Pegasus pipeline system, which is under review by the DC Court of Appeals. It is also advising Pacific Gas and Electric Company in ongoing proceedings arising from the California energy crisis, including another FERC proceeding set for March 2012. Additionally, it continues to act for TransCanada regarding its Keystone crude oil pipeline, providing regulatory advice regarding rates and terms of service, and environmental impact statements for cross-border Presidential permitting, which was subject to Congressional approval of the North American Made Energy Security Act to expedite pipeline development. Eugene Elrod and David Hill are the global practice coordinators. The ‘outstanding’ William Williams has ‘a great personality’, is knowledgeable, experienced, and highly esteemed by FERC staff. Lorrie Marcil is also recommended.

Vinson & Elkins L.L.P.’s ‘outstanding’ team operates from Houston, Dallas, Austin, and Washington DC. It is particularly renowned in the oil and gas space, but is also active in the electricity sector. The team recently secured a global settlement of over $200m in compensation for SFPP, a subsidiary of Kinder Morgan, in longstanding oil pipeline rate disputes before the FERC, bringing to a close 37 FERC proceedings and several federal appeals with some matters dating back to 1992. In addition, the team successfully represented SFPP before the FERC in a contested pipeline rate case brought by the shippers challenging FERC policy that permits pipelines to include an income tax allowance in rates, as well as a challenge to a key corporate overhead allocation method. In the electricity market, the team is representing Oncor Electric Delivery Company before the PUCT in proceedings relating to its filing for a system-wide cost of service base rate increase, which has attracted 20 intervenors. The practice is co-headed by David Andril in Washington DC and Henry May in Houston.

Latham & Watkins LLP has maintained a significant focus on renewables for the past 20 years and has developed an ‘excellent’ practice advising on solar, wind, geothermal, hydropower, and biomass projects. It is currently representing Summit Power as sponsor and developer in the $2.7bn financing and development of the Texas Clean Energy Project, including export credit facilities, for a 400MW combined cycle polygen plant with 90% carbon capture and sequestration. The team is also acting for affiliates of Terra-Gen Power in the $630m financing of the Alta Wind VI and VIII wind power projects (totaling 300MW) as part of the Alta Wind Energy Center, which will be the first gigawatt-scale wind energy facility. In addition, the team is representing Wind Energy Transmission Texas and WETT Holdings as borrowers as well as Brookfield and Isolux as sponsors in the approximately $580m financing of the WETT project, consisting of seven 345kV transmission lines in Texas. Iberdrola, including Iberdrola Renewables, is also a key client. Jonathan Rod is recommended.

Milbank, Tweed, Hadley & McCloy LLP’s award-winning renewables practice advises on broad-ranging aspects of transactions and developments, including advising on wind projects across the US as well as in Canada, the UK, Latin America, Turkey and Mongolia. It has also represented developers, lenders, and tax equity investors in photovoltaic and concentrated solar energy plant projects. For example, the team recently acted for Google in its joint acquisition of Recurrent Energy’s photovoltaic facilities portfolio in the Sacramento Municipal Utilities District, which was Google’s first utility-scale solar investment in the US. The practice continues to develop its expertise in the biofuel, biomass, geothermal, and hydroelectric sectors. Los Angeles-based Karen Wong is recommended.

Orrick, Herrington & Sutcliffe LLP’s highly regarded team acted for BrightSource Energy on the $2.2bn financing of its Ivanpah project, which included all corporate equity raises, including Series D financing, $1.6bn in loan guarantees from the Department of Energy (DOE); and $600m in cash and tax equity. The team represented NextEra in the sale of its membership interest in its indirect subsidiary Golden Winds, which owns three wind farms in California totaling 206MW. NextEra sold approximately $131m Class B membership interests to JPMorgan with tax equity coming into the project during construction of one of the wind farms. It acted for San Diego Gas & Electric in its $285m tax equity investment and two power purchase agreements, one for a 20-year green attributes purchase and the other to buy power in California as an indirect credit support for NaturEner USA’s 189MW Rim Rock wind power project in Montana. It also acted for Recurrent Energy during Google and KKR’s joint acquisition of its portfolio of photovoltaic facilities. Pacific Gas & Electric is a long-term client for renewables procurement. New York-based Michael Meyers is highly recommended and a leader in his field. Usually ‘the smartest guy in the room’, Mark Weitzel is ‘extremely creative and effective and has a deep understanding of tax matters’. Weitzel is based in San Francisco, which is the hub of the practice.

Skadden, Arps, Slate, Meagher & Flom LLP is ‘all over the market’ and ‘one of the best’ in the solar and wind energy sectors. It has acted extensively for First Solar including advising on a $1.46bn loan for the 550MW Desert Sunlight photovoltaic project, as well as O&M arrangements, construction, and sale of the project; on $1.93bn in loans for the 550MW Topaz Solar Farm and the project’s subsequent sale to MidAmerican Energy Holdings; and on a $646m guaranteed loan from Federal Financing Bank for the 230MW Antelope Valley Solar Ranch One project, including O&M arrangements, construction, and subsequent sale to Exelon. The group also acted for Bank of America Merrill Lynch on a $1.4bn loan from the Department of Energy for Project Amp, the world’s largest distributed rooftop solar generation project, and in its financing of SolarCity’s SolarStrong project to build over $1bn in solar power installations for privatized US military housing communities, which will be the largest residential photovoltaic project in the US. In the wind sector, the team acted for Deere & Company on the $860m sale of John Deere Renewables to Exelon. It also advised HQ Energy Services (US), an affiliate of Hydro-Quebec, on the $2bn sale of 225MW of hydroelectricity to Vermont utilities via a 26-year power purchase agreement. New York-based Harold Moore is a leader in renewables and co-heads the practice with Washington DC-based Martin Klepper; both are recommended along with Lance Brasher.

Chadbourne & Parke LLP has an acute focus on renewable energy, and is well regarded in the space. The practice operates mainly from the New York and Washington DC offices, advising a range of major industry players on financing and development of renewable energy projects spanning the wind, solar, geothermal, hydroelectric, biomass, biofuel, and landfill gas sectors. In New York, Benjamin Koenigsberg is highly recommended as the go-to person for wind projects and Todd Alexander is recommended for solar and biomass work. In Washington DC, Ken Hansen, Peter Fitzgerald, and Keith Martin are all recommended.

Washington DC-based Tom Amis heads Cooley LLP’s decade-old renewables practice, which provides broad-based, in-depth client services. The firm also has a strong presence in California with team members in San Francisco, San Diego and Palo Alto. Most notably, the team represented Belgian transmission company Elia in a $1bn US equity joint venture project with Google in an Atlantic backbone offshore wind interconnection project to connect wind farms along the east coast. It is also acting for US-based SSI in its proposal to build a 200MW solar facility in Namibia. Other matters include: advising on an $800m frame solar panel purchase agreement, structuring a scalable energy efficiency solution for an investment fund, and advising on the financing and development of a series of biomass-fired power generation facilities in the southeastern US with a fuel pass-through off-take structure.

Hogan Lovells US LLP’s renewables team is primarily based in the firm’s Baltimore and Miami offices. It continues to advise Edison Mission Energy on its renewable energy projects, including 12 wind energy developments in Minnesota and Utah; the structuring of loan arrangements with several partners for the development of utility-scale renewable energy projects; as well as the acquisition of several wind energy projects. The team is also advising Iberdrola Renewables on the $900m sale of its membership interest in Manzana Wind and the construction and sale of a 246MW Californian wind energy electric generating facility to Pacific Gas & Electric. On the solar side, the group is advising NextEra Energy Resources on the $2bn project financing of a thin-film photovoltaic electricity generating facility in California. Baltimore-based Edward Sledge is the key contact, and Houston-based José Luis Vittor recently joined from McDermott Will & Emery LLP. Former practice head Kevin Lipson joined DLA Piper LLP.

Morrison & Foerster LLP has a comprehensive renewables practice and the team is representing Calera in all aspects of its efforts to negotiate and permit a pilot plant facility to test its carbon dioxide sequestration and green cement technology. The team advised Brightpath Capital Partners on its investment in Sungevity, which designed an online ‘iQuote’ sales process to assess customers’ roofs remotely and accurately determine the homes’ solar potential in an effort to make it more accessible for private residences to use solar energy. It also recently represented CH Energy in its acquisition, financing, development and subsequent sale of the Shirley wind farm in Wisconsin, and is currently advising enXco on the acquisition and development of three renewable energy projects. The highly regarded Richard Jenney in Washington DC advises the DOE on loan guarantees for renewables projects, including the $1.6bn loan guarantee for the $2.2bn Ivanpah solar complex. Former lead commissioner for renewables transmission at the California Public Utilities Commission Dian Grueneich co-heads the practice group with Susan Mac Cormac and Chris Carr; all three are based in San Francisco.

Houston-based Andrews Kurth LLP’s team is ‘very responsive, aggressive in being cost-effective, and has an in-depth knowledge of the renewable energy business’; it has particular expertise in wind energy projects. The team is advising CimTexCo Wind on the development of an up to 1,000MW wind energy project, Duke Energy Renewables on the 400MW Los Vientos wind farm, and BP on matters relating to the 150MW Sherbino wind farm and the development of another 150MW wind farm in Texas. It is also assisting BP with the development of a US biofuels business and Duke Energy Renewables with the acquisition of two solar projects in Arizona. The team also has a strong international renewables practice in wind energy, and is currently representing a major US energy project developer in all aspects of the financing and development of wind farms in Latin America, including in Argentina, Brazil and Chile. Team head Tim Unger is recommended along with Dahl Thompson and Darrell Thomas.

Ballard Spahr LLP provides ‘an outstanding level of customer service and works tirelessly to get the job done’. This ‘well-rounded’ team operates from eight offices across the country, and combines project, tax, and regulatory expertise in renewables projects, making it ‘able to serve in all aspects of corporate growth and product roll-out needs’. The team has a particular niche in advising public entities. It acted as co-leader of the program counsel team for the DOE’s loan guarantee program and led the closure of its first loan guarantee. It also advised the City of Baltimore on its evaluation of public-private power generation and distribution options and the negotiation of solar projects on city-owned property, and is currently representing the client in its negotiations over transactions and projects. It also represented the City of Philadelphia in developing a financial structure and procuring a private owner to develop and own a biogas combined heat and power generation system for its wastewater treatment facility. It continues to advise Fishermen’s Energy on the financing, development and construction of offshore wind farms along the US Atlantic seaboard. The team advised Salt Lake County and the National Renewable Energy Laboratory on the financing of a solar rooftop project, which incorporated new market tax credits, qualified energy conservation bonds, DOE efficiency and conservation block grant funds, and Section 1603 grants in lieu of tax credits. It is anticipated that this will be the forerunner to a number of community solar projects. Howard Shafferman co-heads the team with R Thomas Hoffmann, who ‘understands the business’ and is recommended.

Predominantly based in Milwaukee and supported by additional team members in six other offices, Foley & Lardner LLP’s renewables team provides ‘excellent, top-notch’ advice on the development and financing of solar and wind projects. Group co-chair James Tynion III in New York, Elizabeth Hanigan in Milwaukee, and associate Evelyn Kim in San Francisco are recommended for being ‘knowledgeable, proactive, and business-oriented’. The team represented Exelon in its $900m acquisition of John Deere Renewables’ 735MW of operational wind capacity, spread across 36 projects in eight states, as well as 1,468MW of new wind projects in development. It also represented U.S. Bancorp as tax equity investor in Invenergy Wind’s $422m Bishop Hill wind project, under construction in Illinois, which will sell all of its 200MW power and renewable energy to the Tennessee Valley Authority. Additionally, the team is representing Trans-Elect Development Company in the financing of the 6,000MW Atlantic Wind Connection backbone transmission project. In the solar sphere, the group acted as lead counsel to Citicorp Capital Markets as construction lender and tax equity investor in the development of over 30 photovoltaic installations owned by local governments and school districts in Somerset County, NJ. The team also represented Integrys Energy Group in a 50/50 joint venture transaction with Duke Energy, creating INDU Solar Holdings, a joint venture company that is to own rooftop and smaller ground-mounted photovoltaic projects generating at least 500kW and delivering electricity to investment-grade commercial, government, and utility customers. Duke and Integrys’ project capital investment will be up to $180m.

DLA Piper LLP is recommended for its ‘very strong business acumen, appropriateness of advice’ and the overall strength of the team. It is advising Scandia Wind Southwest on the development of the 200MW initial phase of its $250m Mariah wind farm project, which at 5,000MW total is the largest such development in Texas. Recently, it represented Abengoa Bioenergy Biomass of Kansas in the financing of a $400m project to build a 23m gallon per annum integrated biomass-to-ethanol production facility and attendant 20MW biomass-fired power generation facility. The team also advised Imperium Renewables on a DOE loan guarantee and the related development of a $380m biofuels project to develop jet fuel for the Department of Defense. Seattle-based managing partner Steven Yentzer is ‘an A+ attorney’ for renewables financing and corporate governance. Kevin Lipson recently joined the Washington DC office from Hogan Lovells US LLP.

King & Spalding LLP provides an ‘excellent, commercially savvy’ service on ethanol, biofuel, solar, biogas, wind, geothermal and hydropower projects and transactions, as well as biomass-related projects such as waste-to-energy and waste-to-fuels projects. The team variously advised Edison Mission Energy on its acquisition of a renewables company, the restructuring of a 150MW wind farm development, the acquisition of an option to develop a 161 MW wind farm, and the proposed acquisition of a third site, all in Texas. It represented Forbes Energy in its investment in early-stage ethanol production and power generation facilities in the Dominican Republic, Morocco and Ecuador. It also represented an energy company during the development of a 230MW biomass power and gasification facility for the production of synthetic diesel, which was mandated by the US military. The team is also acting for Apex Compressed Air Energy Storage in the development of a compressed air energy storage facility in the US, which will be one of only three such facilities in the world. Ken Culotta, Ned Crady and Peter Oxman are recommended.

The Los Angeles-based practice at O’Melveny & Myers LLP has recently been busy with renewable power plants, procurement and joint ventures, and related agreements. The team is representing Solar Reserve in the proposed $1bn development of up to four utility-scale solar power projects in New Mexico. It also continues to act for Edison Mission Energy on the acquisition, financing, development and construction of utility-scale wind power electric generation facilities across the US with individual project values ranging from $80m to over $400m. Gregory Thorpe is the key contact. In May 2012, Junaid Chida joined from Dewey & LeBoeuf LLP.

David Lieberman heads Simpson Thacher & Bartlett LLP’s practice, which opened an office in Houston in April 2011. The team has expertise in lender-side financing for renewables projects. The team advised the lenders on a $386m secured construction and term credit facility for Lone Star Transmission, a subsidiary of NextEra, for a 329-mile transmission to transmit wind energy from west Texas to central Texas. It recently acted for the consortium of banks, led by Union Bank and Crédit Agricole CIB, in the $636m construction and term loan financing for Alta Wind VI and Alta Wind VIII wind power projects (each 150MW), which are being developed by Terra-Gen Power as part of its 3,000MW Alta Wind Energy Center. The group also advised KKR on its joint acquisition with Google of Recurrent Energy’s photovoltaic facilities portfolio in the Sacramento Municipal Utility District, which marked KKR’s first foray into US renewables.

Latham & Watkins LLP’s ‘deep, excellent’ team has ‘specialized’ knowledge, and is regarded as fielding ‘the best lawyers in the room’. The firm’s oil and gas practice has been bolstered by the addition of the new Houston office, which ‘hit the ground running’. As a result, it is expected that the transactions team will provide clients with a great deal of added value, particularly in respect of the Rosetta shale play. Houston-based partner Michael Darden is ‘second to none’ and ‘the king of oil and gas farm-out deals’. He recently acted for Talon Oil & Gas as seller in the $969m divestiture of 20,000 net acres of productive leasehold in the Barnett shale play, and for Enduring Resources in its $1.45bn divestiture of 120,000 net acres in the Eagle Ford play together with certain of its midstream gathering assets. Also in Houston, Bill Finnegan and Sean Wheeler acted for Energy Transfer Equity on its $7.9bn acquisition of competitor Southern Union Company, thereby creating the premier midstream company for the construction of natural gas transportation infrastructure. The New York team represented Barclays Bank in the $275m project refinancing of US and Spanish power plants held by Race Point Power and NeoElectra. It also acted for EquiPower Resources Holdings and Energy Capital Partners II-A in the $525m project financing of EquiPower Resources’ four gas and oil fired merchant power plants in the northeastern US. In Washington DC, Kenneth Simon is ‘a person of distinguishing ability’, and co-chair of the global power industry group David Schwartz is highly recommended, as is Jonathan Rod in New York.

Skadden, Arps, Slate, Meagher & Flom LLP’s transactional practice focuses on M&A in the organized electric markets, upstream and midstream transactions, and natural gas. Leading lawyer Clifford Naeve recently acted for Northeast Utilities in its $17.5bn merger with NSTAR, which created one of the country’s largest electricity utilities. He also advised Entergy on divesting its electricity transmission business through a tax-free spin-off and subsequent merger into ITC Holdings, and Excelon during its $7.9bn stock-for-stock merger with Constellation Energy Group. The team acted for Hudson Transmission Partners in the $850m construction financing of its 660MW transmission line between New Jersey and Manhattan, and represented Trans Bay Cable in the refinancing and completion of an 85km high-voltage direct current underwater electricity transmission cable from a substation near Pittsburgh to San Francisco, which included a $562m senior secured notes issue and a $54m bank credit facility. It also represented First Solar in a $1.46bn loan to support its 550MW Desert Sunlight photovoltaic project, as well as construction, O&M arrangements, and the sale of the project to investors. The team also has an active international oil and gas practice. For example, it represented RBS and other senior lenders on the $8bn Brazan gasfield development project, which is a joint venture between Qatar Petroleum and ExxonMobil to produce 1.5bn cubic feet of gas per day. It also represented JSC Tatneft, a Russian oil and gas company, in its acquisition of a 90% stake in Texneft from Devon Energy.

Baker Botts L.L.P. advises on domestic and international deals across the energy sector including upstream and downstream oil and gas, electricity, and liquid natural gas. The team advised Marathon Oil on various deals, including the $14.7bn tax-free spin-off of its downstream business to form Marathon Petroleum Corporation; its all-cash $3.5bn acquisition of Hilcorp Resources’ Eagle Ford shale assets; and the $935m sale of Marathon Oil’s St Paul Park refinery and certain other downstream assets to ACON Investments and TPG Capital. Other work included advising Cheniere Energy Partners on project development matters relating to Sabine Pass liquid natural gas terminal, which will be the world’s first bi-directional liquid natural gas facility. It also acted for Pride International during its $8.7bn acquisition by UK-based offshore drilling company Ensco, which created the world’s second-largest offshore driller. Steven Miles, the energy sector chair and head of the liquid natural gas practice also chairs the project development and finance practice. Miles is recommended along with Hugh Tucker, head of the oil and gas practice, and Maura Goldstein, deputy global projects chair and head of the power projects practice. Houston-based Kevin Keenan is a leading expert in crude oil and natural gas, and George Goolsby is recommended for upstream oil and gas and hydrocarbon transportation projects. In May 2012, Thomas Moore joined from Dewey & LeBoeuf LLP.

Bracewell & Giuliani LLP’s ‘first-rate’ energy practice provides ‘excellent, cost-effective’ advice and has deep industry knowledge in the oil and gas and electricity sectors. The firm is representing Kinder Morgan in its $38bn acquisition of all of the outstanding shares of El Paso Corporation, including the assumption of outstanding debt. Once complete, the transaction will create North America’s largest midstream company controlling 80,000 miles of pipelines, and will make Kinder Morgan the leading US independent transporter of petroleum products, the largest transporter of carbon dioxide, and the largest independent terminal owner/operator. The team represented Chesapeake Energy in its $1.25bn joint venture with EIG Global Energy Partners, which included Chesapeake contributing Utica Shale acreage to a newly formed entity CHK Utica and the sale of perpetual preferred shares in CHK Utica in two tranches totaling $1.25bn. The team acted for Legend Natural Gas in the $900m purchase of Barnett Shale properties in the Fort Worth Basin from Range Resources Corporation, including 390 producing wells and approximately 52,000 net acres. Interestingly, the team is currently representing NRG Energy’s subsidiary, NRG EV Services (eVgo), in all aspects of creating the first comprehensive, privately funded network of home and public charging stations for plug-in electric vehicles. It is anticipated that the network will expand on a national level. Most recently, the team represented Apache Corporation in its $2.85bn cash-and-stock purchase of private equity-owned exploration company Cordillera Energy Partners III, which will more than double Apache’s oil and gas reserves along the Texas-Oklahoma border, with Apache gaining assets in the Cleveland, Granite Wash, Marmaton and Tonkawa shale plays. Team head Alan Rafte is ‘excellent on complex financial instruments and transactions’. Gregory Bopp is an oil and gas expert and J J McAnelly is also recommended. May 2012, John Klauberg joined from Dewey & LeBoeuf LLP.

Fulbright & Jaworski LLP’s energy transactions practice is well regarded for representing various types of players, including lenders, sponsors, investors and developers, in structured and project financing, as well as acquisitions and divestitures. The team is best known for its work in relation to midstream and downstream liquid natural gas projects, and upstream development and M&A transactions. Representative matters include advising on transactions relating to electric power plants, exploration and production properties, pipelines and gathering systems, liquid natural gas facilities, gas processing plants, energy storage facilities, refineries and petrochemicals plants. The ‘first-rate’ Michael Irvin heads the firm’s global energy practice and has broad-ranging experience in energy transactions including acting for key clients Anadarko Petroleum and Noble Energy. Gregory Harris, head of the structured and project finance group, has notable experience in domestic and international project finance transactions relating to pipelines and transmission lines.

Simpson Thacher & Bartlett LLP’s ‘top-notch’ team is ‘a clear favorite’ in energy transactions and has ‘great expertise, strong business acumen and industry knowledge’ in both the oil and gas and electricity sectors. The team acted for Texas Competitive Electric Holdings Company regarding a refinancing and extension of approximately $1.38bn of revolving commitments, $15.4bn of term loans, and a $1bn deposit letter of credit loans under senior secured credit facilities. It also represented Texas Competitive Electric Holdings Company in refinancing transactions, which included a $1.75bn Rule 144A/Regulation S. senior secured notes offering. It is advising ITC Holdings on an agreement to acquire the electricity transmission business of Entergy in an all-stock, Reserve Morris Trust transaction, which will result in Entergy owning 50.1% of the combined company with existing ITC shareholders owning the remaining 49.9% and Entergy issuing nearly $1.78bn in new debt. In connection with this transaction, the team is also advising ITC Holdings on its $700m pre-merger recapitalization. In the oil and gas space, the team acted for an investment group comprising affiliates of KKR, Natural Gas Partners, Crestview Partners and Itochu Corporation in their $7.2bn acquisition of Samson Investment Company. Samson is one of the largest private exploration and production companies in the US with interests in over 10,000 wells, of which it operates 4,000. The team also recently represented Petrohawk Energy during its $15.1bn acquisition by BHP Billiton. Head of energy and infrastructure David Lieberman is ‘solutions-oriented’ and ‘understands the energy industry’. Alan Brenner, who is recommended for his work on large syndicated utility deals, is ‘an excellent lawyer’ and ‘gets the job done’. Ed Tolley is ‘best in class’, with an encyclopedic knowledge of high-yield and public equity matters in energy transactions. Bill Curbow is ‘a great asset’ in energy M&A.

Vinson & Elkins L.L.P.’s practice focuses on oil and gas, where the team has ‘a deep bench’ and provides an overall ‘excellent’ level of service. The team is representing CONSOL Energy in its recently announced $3.4bn joint venture with Noble Energy, the largest shale joint venture to date, for the development of CONSOL’s 663,000 acres in the Marcellus Shale. The team also represented Holly Corporation in its $3.25bn merger of equals with Frontier Oil to create HollyFrontier, now the fourth-largest US oil refiner by total capacity. In addition, it represented Energy Transfer Partners in the $1.9bn acquisition of a 50% interest in Citrus Corp, and, in a separate deal, the team advised Energy Transfer Partners on the $2.82bn cash sale of its propane business to AmeriGas Partners. The team boasts an impressive international oil and gas practice as well. Most notably, it represented China National Offshore Oil Corporation (CNOOC), China’s largest producer of offshore oil and natural gas, in connection with the deal between OOGC America (a subsidiary of CNOOC) and Chesapeake Exploration to jointly develop Chesapeake’s leasehold interests in the Eagle Ford and Pearsall shale plays. The transaction involved a $1.2bn up-front investment by OOGC to acquire a 33% stake in Chesapeake’s 600,000 net acres in the Eagle Ford Shale and a $1.08bn commitment to fund joint development costs. The practice is also diversifying into the electricity and coal sectors: for example, it recently represented Constellation Energy in its acquisition of retail electricity supplier MXEnergy and advised Mercuria Energy Trading on its investment in Colorado-based coal mining company Bowie Resources. Houston-based John Connally, James Tipton and practice head Marcia Backus are all ‘top-shelf’ energy lawyers. Boyd Carano in Palo Alto is highly recommended for international energy transactions. Washington DC-based Mark Laufman is also recommended.

Andrews Kurth LLP’s Houston-based practice is ‘a one-stop shop’ for energy transactions and provides ‘New York level expertise’ at lower rates. Its core focus is in the oil and gas space, particularly in midstream transactions. For example, it represented El Paso Midstream Investment Company during KKR’s $125m acquisition of a 50% interest in the client, which is a newly formed joint venture that holds El Paso’s Altamont gas-gathering and processing assets. The group also advised CCS Midstream on its acquisition of oilfield services and a saltwater disposal facility; another client as borrower and sponsor on the development of a coal-to-liquids project in Wyoming, including technology licenses, a long-term cash supply agreement, and a 20-year diesel off-take agreement. It also advised Janus Methanol on its acquisition of a US methanol and ammonia facility, having previously advised it on the development of a methane facility in Mozambique. Additionally, the team represented Tudor, Pickering, Holt & Co. Securities as financial advisor to the buyer on Laredo Petroleum’s $1bn acquisition of Broad Oak Energy. Notably, the team represented Hilcorp Resources Holdings in the $3.5bn sale of its oil and gas properties in the Eagle Ford Shale to Marathon Oil, and advised Blackstone private equity funds on a joint venture to acquire mineral and royalty interests in the Eagle Ford and Marcellus shale plays. In the electricity sector, the team is advising Power4Georgians in the development of $2bn electricity generation facilities. Michael O’Leary heads the team together with Timothy Unger, who is ‘the model of an outstanding lawyer’ and ‘puts his clients first’.

The highly regarded energy team at Chadbourne & Parke LLP has considerable transactional experience in oil and gas and renewables, including natural gas pipelines and liquid natural gas. It advises on all aspects of energy projects, such as regulation, financing, mergers and acquisitions, joint ventures, workouts and revenue securitizations. The liquid natural gas space is an area of niche expertise for the team, which advises domestic and international clients on all aspects of natural gas pipeline projects and has also advised lenders and developers on related financings. The team’s oil and gas practice also advises clients on all aspects of the exploration and production of hydrocarbons and other midstream projects, such as refining, processing and storage. Clients in this space include lenders, participants and governments, which the group advises on various aspects of international energy privatizations and investments. In the electricity sector, clients include independent power producers, utilities, financial institutions and energy consumers. Representative experience includes advising Tenaska Power Fund on its $1.6bn acquisition of natural gas-fired power plants totaling 3,145MW from Constellation Energy. The team advised Tenaska on all aspects of the transaction, including acquisition, financing and commodity hedging arrangements. Practice head Keith Martin in Washington DC is the name to note.

Debevoise & Plimpton’s energy transactions team ‘has the horsepower to take on any task at any time, and the work is always first class’. The team advised Sithe Energies on several electricity matters including the insolvency of Washington Group International, its construction contractor on several major electricity generation facilities and the $1.7bn sale of Sithe New England Holdings to Exelon Corporation. It also represented the same client on the sale of seven generation facilities in the US and Canada to Reservoir Capital Group and the sale of its remaining non-North American assets to Marubeni. It also acted for EBG Holdings during its $5bn merger with Astoria Generating Company Holdings; Tenaska in the formation of TPF II, a $2.4bn energy investment fund that invests in the US electric power generation sector; and Cogentrix in its $2.4bn sale to GS Power Holdings. The team’s oil and gas practice predominantly focuses on transactions with international aspects. For example, it advised Mitsui and affiliates on an agreement with Anadarko Petroleum to participate in the Marcellus Shale gas project, including the purchase of 32.5% of Anadarko’s interest in over 300,000 net acres of mineral leases in consideration for carrying up to $1.4bn of Anadarko’s share of drilling and related costs. Further, the team is also representing Mitsui regarding the Sakhalin-2 offshore oil and gas development in Russia’s Far East, and representing Mobil Oil and Texaco in a tender bid and negotiations for development of oil and gas fields in the continental shelf area of Sakhalin Island. Maurizio Levi-Minzi co-heads the energy and natural resources practice with Sarah Fitts.

King & Spalding LLP is best known for representing independent power producers on the sale or purchase of power generation assets, financings of public utilities and power projects, and private equity investments in and acquisitions of power plants or renewables projects. The team has been acting extensively for key client LS Power, including on the $381m acquisition of interests in three power plants in New England and the Mid-Atlantic region from subsidiaries of PPL; the $355m sale of a power plant in New England to a subsidiary of Capital Power (US) Holdings; the sale of two power plants in the Southwest to Starwest Generation; an investment in Twin Eagle Resource Management; and, most recently, the $1.05bn acquisition of four power plants from NextEra. The team represented lead arrangers Barclays Capital and RBS Securities, and JPMorgan Chase as administrative agent, regarding a $2bn senior credit facility for Oncor Electricity Delivery Company, Texas’ largest regulated electricity delivery business. Notably, the team also represents Anadarko on all aspects of its multibillion-dollar Mozambique liquid natural gas export project. The global energy practice is co-chaired by Neil Levy in Washington DC and Philip Weems in New York.

Milbank, Tweed, Hadley & McCloy LLP is ‘a huge player in power finance and M&A’, has ‘one of the best’ project finance teams and can deploy over 100 lawyers advising across the energy sector, including deals in coal, nuclear, renewables, and oil and gas. The team advises on project development and finance, private equity and leveraged finance, M&A, structured commodity trading and hedging, and restructurings and dispositions, often in an effort to avoid insolvency or bankruptcy. Clients include lenders and other financial institutions, private equity and hedge funds, energy companies (including independent transmission companies), sponsors, and developers. In the oil and gas space, the team advises on upstream, midstream and downstream matters including production and infrastructure projects and drill ship matters. Recent clients include Credit Suisse and Ex-Im Bank of Korea. Eric Silverman and Jonathan Green co-lead the team.

White & Case LLP’s energy transactions practice is best known for its international oil and gas work. For example, it represented ING Capital, ING Bank NV, several Banco Santander branches, and Banco Itaú BBA (Nassau branch) as lead arrangers in the financing of the $850m FPSO OSX-2 project, a floating production storage and offloading vessel in the Waimea Complex off Brazil, which is sponsored by OSX Leasing Group. The group also represented Santander Investment Securities, HSBC Securities (USA) and Citigroup Global Markets as purchasers in a $700m Rule 144A/Regulation S. offering of senior secured notes by QGOC Atlantic/Alaskan Rigs, a British Virgin Islands affiliate of Queiroz Galvão Óleo e Gás S.A. (QGOC) for various uses including repaying two project financings. In the US electricity and renewables sectors, the group represented Great Basin Transmission South during its sale of a 25% undivided interest in One Nevada Transmission Line (ON Line) to NV Energy and the financing and development of Great Basin’s remaining 75% undivided interest in ON Line via a $353m Department of Energy loan guarantee, which was notable as the first such guarantee for a transmission project. ON Line is a 235-mile, 500kV alternating transmission line that forms the first phase of the Southwest Intertie Project that will carry 2,000MW of power generated from wind, solar, and geothermal sources. Additionally, the team represented Russell City Energy Company, a project company that is 75% owned by Calpine Corporation and 25% owned by an affiliate of GE Energy Financial Services, in relation to the $845m construction financing of an approximately 620MW natural gas-fired, combined-cycle power generation facility in Hayward, CA. Arthur Scavone in New York is the global head of energy, infrastructure and project finance and leads the team together with Victor DeSantis in Washington DC, who is the Americas regional section head of energy, infrastructure and project finance, and asset finance.

Hunton & Williams LLP has a ‘real presence in utilities, air and water pollution’. The firm has offices nationwide, but is particularly strong in Washington DC. It has notable expertise in Clean Air Act (CAA) and Clean Water Act (CWA) issues, and also excels in Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund) matters, and hazardous waste management, endangered species and wetlands work. Recent activity for the firm includes many challenges to the Environmental Protection Agency (EPA)’s New Source Review, under the CAA, from the affected energy and manufacturing industries; the firm helped defend allegations by the EPA that millions of dollars in penalties for violations were payable. Other highlights included an air quality case against a chemicals company, which resulted in a favorable decision by a federal Circuit Court holding that companies regulated under the CAA be given fair notice of relevant changes in agency environmental standards. Norman Fichthorn is considered ‘a lawyer’s lawyer’, and Bill Brownell is noted for his experience in both litigation and regulatory work, including clean air, climate change and licensing matters.

Kirkland & Ellis LLP has a ‘particularly strategic and creative’ practice that regularly acts in civil, criminal and administrative environmental proceedings, across government enforcement actions, Superfund matters, insurance coverage cases, contract and indemnity claims, toxic tort suits and challenges to federal and state rulings. The firm continues to represent BP in the extensive litigation relating to the Deepwater Horizon drilling-rig explosion and oil spill in the Gulf of Mexico; the case includes some 661 individual and class action lawsuits. It also successfully defended The Dow Chemical Company against a mass tort action in Michigan, in which the plaintiffs were seeking damages for over 3,000 property owners relating to contamination of property; and is defending international oil and gas firms Repsol and YPF in litigation initiated by the New Jersey Department of Environmental Protection, involving allegations of pollution liability relating to the Passaic River against the companies’ indirect subsidiary. Other clients include 7-Eleven, ExxonMobil, Keystone, General Motors, Tronox Incorporated and ConocoPhillips. Chicago-based Richard Godfrey heads the team working on the BP litigation. Granta Nakayama is a former EPA attorney who specializes in enforcement actions and regulatory litigation. Andrew Running’s practice spans environmental bankruptcy, insurance, toxic tort and general commercial litigation. Jeffrey Clark has experience in air quality matters, and is valued as ‘very responsive to client needs’. Jeffrey Davidson, based in Los Angeles, is noted for his ‘in-depth understanding of environmental indemnity issues’.

Latham & Watkins LLP is a ‘first-rate, very professional, efficient, and creative’ law firm, which gives ‘excellent value for the cost’. Its practice covers renewable energy projects, contaminated properties, toxic tort, water and air quality, land use, and climate change (including the requirements of California’s AB32 program), as well as issues relating to the Endangered Species Act (ESA) and National Environmental Policy Act (NEPA). It has recently represented Georgia-Pacific Corporation in a CERCLA case arising from polychlorinated biphenyls (PCB) contamination of the lower Fox River in the state of Wisconsin; the firm helped secure a ruling that Georgia-Pacific was not liable to contribute to $1bn recovery costs at the site. In a separate case, the firm assisted Playtex Products in multiple class actions filed in more than 20 states around the US pertaining to the use of polycarbonate plastic; the plaintiffs’ claims (relating to fraud and unjust enrichment) were dismissed by the District Court in Missouri. It also successfully represented Dow Chemical Company in a CERCLA case in New Jersey, in which reimbursement of costs and damages were sought for alleged injury to groundwater at two facilities. Other clients include agricultural company Monsanto, which it has assisted in litigation arising out of challenges to genetically modified crops, including alfalfa and sugar beets; it has won two cases on the matter, including Monsanto Co v Geertson Seed Farms at the US Supreme Court. Robert Wyman, based in Los Angeles, is the firm’s global department chair, and Janice Schneider in Washington DC is a ‘superb lawyer and litigator’. Alan Kraus, based in New Jersey, is seen as ‘a great mentor to his team’.

Sidley Austin LLP’s team is ‘very professional, knowledgeable and very strong in all aspects in the environmental field’, and the ‘overall level of service is superb’: ‘expensive, but worth the money’. The practice spans the full range of activities in the economic and industrial sectors, advising clients in transportation, energy, chemicals, electronics, telecoms, pharmaceuticals, banking and finance, and property development. Clients include Duke Power Company, NCR Corporation, General Electric, Southwestern Electric Company and Exelon. The firm advised American Electric Power (AEP) in a landmark Supreme Court case, AEP v Connecticut, in which several states and land trusts brought a suit requiring the defendant to reduce its CO2 emissions; in June 2011, the case was brought before the Supreme Court and dismissed 8-0 in favour of AEP. The residents of Mississippi brought a similar climate change nuisance case in 2011, with the plaintiffs alleging that various companies in the area that emitted greenhouse gases were responsible for intensifying the property destruction caused by Hurricane Katrina in 2005: the firm successfully sought a dismissal of the suit on political grounds in both the district and Supreme courts. On the international side, the firm has experience in defending clients before courts in the European Union; this includes contesting EU directives regulating the nickel mining industry for a client in Finland, and for Belgium’s Umicore. Washington DC-based Christopher Bell handles litigation matters, and is recommended for ‘all-around environmental compliance requirements, RCRA rules and audit support’.

Arnold & Porter LLP is a ‘very good litigation firm’ with ‘well-established ability’. The environmental practice group has a strong presence in climate change litigation, but covers a wide range of environmental issues including toxic tort, Superfund, regulatory, enforcement, and California’s Proposition 65 law matters. It is currently defending a petroleum company in a suit filed for an Inupiat Eskimo village alleging that defendants’ greenhouse gas emissions caused a loss of barrier ice that once protected the village from storms: the case was dismissed in the District Court of Northern California and is currently on appeal. The firm is also defending CBS in a Natural Resources Damages (NRD) case involving the Palmerton Zinc Superfund site in Carbon County, Pennsylvania, with the Palmerton Natural Resource Trustee Council pursuing claims relating to aquatic and terrestrial contamination through the historic use of a zinc smelting facility on the site. Other clients include Honeywell, BP/ARCO, CSX Corporation, PPL, General Electric, Chrysler Group LLC, Texas Pacific Group, Mosaic and SAIC. Washington DC-based Lester Sotsky leads the team. Toxic tort specialist Michael Daneker in Washington DC, New York-based Nelson Johnson and Blake Biles are also recommended. The firm has offices in San Francisco, Los Angeles and Denver.

Beveridge & Diamond, P.C. is a boutique firm which commands ‘the respect of peers in the legal profession’, and ‘provides representation in a timely, thorough, cost-effective manner’; its advice is ‘consistently sound and stands the test of time’. Its environmental practice includes sub-groups dedicated to the areas of air, waste management and recycling, Superfund, water, international, climate change, chemicals, products and nanotechnology, oil and gas, Occupational Safety and Health Administration (OSHA), and product stewardship matters. The firm recently represented the American Chemistry Council in a challenge to the extent of EPA’s greenhouse gas reporting rule, negotiating a revision by the EPA to remedy the flaws in the original rule. It also acts for petroleum manufacturer Sunoco in product liability litigation relating to the gasoline additive MTBE; the use of this chemical has seen industry-wide litigation in over 90 separate cases brought by states and private owners alike. Separately, the firm represented CropLife International and CropLife America in a personal injury lawsuit brought by plaintiffs in Ecuador; the suit claimed that the trade associations conspired with member companies to promote the sale of the pesticide mancozeb, which was known to be harmful: the motion was successfully dismissed. Washington DC-based Harold Segall is the chair of the litigation practice group, and Amy Lincoln ‘has business savvy and looks at issues from a practical perspective’.

Gibson Dunn’s environmental practice has a presence in six locations covering both coasts of the US, and includes 41 attorneys. It is currently involved in two cases relating to cost recovery for perchlorate and TCE contamination in the Rialto-Colton groundwater basin. The first, City of Colton v US Department of Defense, involves the government’s industrial use of the property since World War II. The second, United States of America v Goodrich Corporation et al, is brought by the EPA, and relates to perchlorate contamination of groundwater in the region. Both cases were filed under CERCLA and RCRA and are currently in discovery, with a trial date set for 2013. The firm also continues to represent Chevron in matters relating to the company’s history of oil extraction in Ecuador; an Ecuadorian court filed damages of $18bn against the company in 2011, but it has yet to be enforced; the judgment is contested by Chevron as illegitimate and fraudulent. Other recent clients include Lockheed Martin, Tesoro Refining, and MeadWestvaco. The practice is co-chaired by Alan Bick, Patrick Dennis, Jeffrey Dintzer and Peter Seley.

Hogan Lovells US LLP is ‘exceptional in all categories and service areas’, and ‘the caliber of talent brought to bear is top notch’. It remains involved in Florida’s multi-district litigation concerning water flows in the Chattahoochee, Flint, and Apalachicola rivers; the dispute also involves the States of Alabama, Georgia and two government agencies over the management of the water system. It also defended Minnkota Power Cooperative against an EPA Clean Air Act enforcement action, achieving a favorable settlement for the company; and successfully represented Arizona Snowbowl before both the Supreme Court and an en banc federal appeals court panel in National Environmental Policy Act (NEPA) litigation to allow for the development of a 17-mile pipeline across national forest land. It is also representing Lockheed Martin in two ongoing cases: the first relates to the clean-up of an Air Force plant in the company’s Titan missile plant, and the second concerns allegations that it is liable for the clean-up of the Colorado School of Mines site. The practice is co-led by Denver-based Scott Reisch and James Banks in Washington DC. The team has strength in depth, with clients receiving ‘strong assistance’ from many of the firm’s lawyers. Kenneth Kastner in Washington DC is ‘diligent, timely, self-motivated, and very knowledgeable’.

Texas-based firm Vinson & Elkins L.L.P. is ‘always timely responsive’, and ‘always right on point’. It advises on air and water permitting, enforcement defense, natural resource damages, Superfund matters, water rights, and environmental crisis management. It also has a separate group that works on the various issues surrounding climate change. Its recent work includes representing the main petitioners seeking judicial review of the four rules that comprise the EPA’s new greenhouse gas (GHG) control scheme; the regulations are an attempt by the EPA to curb GHGs in the existing provisions of the federal Clean Air Act, and the outcome of the case is likely to greatly influence the manner in which GHGs are regulated in the US in the future. The firm also represents Norfolk Southern Railway Company (NSRC) in various compliance and enforcement issues, including overseeing compliance of the company’s entire pipeline portfolio from a safety perspective, and defending an enforcement action brought by the Department of Transportation (DOT). Other clients include BP Products North America, Constellation Energy Group, Norfolk Southern Railway Company, New York State Electric & Gas, Sandy Creek Energy Associates and Sunflower Electric Power Corporation. Houston-based Carol Dinkins and Robert Schick co-head the team. George C Hopkins in Washington DC is ‘very affable and easy to talk with, and gets his point across persuasively’.

Baker Botts L.L.P. has a ‘very good’ environmental practice, advising on a broad array of matters and with significant strength in Clean Air Act issues. Its recent litigation work includes representing BP in two environmental enforcement suits brought by the State of Texas; the State sought penalties for violations of the Texas Clean Air Act and other state regulations relating to BP’s use of a refinery in Texas City, with the case settled in 2011. The firm also continues to represent Marathon Petroleum Company LLC, Ashland, and Hess Corporation in a variety of suits relating to the alleged contamination of water wells by the gasoline additive MTBE; the plaintiffs are seeking injunctive relief and multi-billion dollar compensatory damages. It is also representing ExxonMobil in an action filed under the CERCLA/Superfund law against the federal government for a share of its past and future environmental clean-up costs at the company’s oil refinery and chemical plant in Baytown, Texas; the company has spent over $40m in costs to date, and is claiming that the US government had operational control over the facility in the early 1940s. Other clients include Portland General Electric, E.ON US, Unilever, and Union Pacific. Steven Leifer is the department chair, based in Washington DC, while deputy chair Aileen Hooks is based in Austin. Daniel Steinway and J Barton Seitz are noted for their strength in ‘RCRA, CERCLA, air and water’.

Bingham McCutchen LLP provides the entire range of services in environmental law, including in relation to the unique requirements in California under Proposition 65 and the California Environmental Quality Act (CEQA). Its practice is valued for its ‘24/7 service, with very fast response times’, and ‘sound business acumen and deep knowledge of the subject matter’. Its recent work includes representing the Metropolitan Water District of Southern California against 14 Northern California water agencies, which filed suit alleging contract violation; and continuing to advise Anadarko Petroleum Company in a number of cases, including the complex matters arising from the Deepwater Horizon explosion in the Gulf of Mexico and the subsequent release of hydrocarbons – the ongoing multi-district litigation was filed in the US District Court in New Orleans, and also involves related federal, state and private claims. Other clients also include SunCoke Energy, American Electric Power, the City and County of Honolulu, Flying J, General Electric and Stanford University. The team is led by Rick Rothman, Ella Foley Gannon and Michael Wigmore, who is ‘extremely cost conscious and creative’. Los Angeles-based James Dragna is an ‘excellent litigator, and very thoughtful’.

Bracewell & Giuliani LLP is an ‘excellent’ firm and ‘exceptional on all levels’. The practice has a particular focus on climate change, air quality, energy policy, energy development, contamination and exposure issues. Its nationwide presence extends to offices in Texas, New York, Washington DC, Connecticut and Seattle. Among recent highlights, it defended Cabot Oil & Gas in enforcement litigation over environmental and health and safety matters arising from the company’s petroleum and natural gas exploration in the Texas Louisiana Gulf coast region. It is also involved in the high-profile litigation relating to the Deepwater Horizon oil spill, and is assisting a natural gas company in a range of environmental enforcement issues relating to shale gas exploration. The firm was successful in defending Warren Power & Machinery (a heavy equipment provider) against the Federal Aviation Administration over a penalty for hazardous materials transportation. Timothy Wilkins in Austin is head of the environmental strategies group, and is ‘phenomenal’. Jeffrey Holmstead and Richard Alonso in Washington DC are ‘superb environmental attorneys’, and ‘specialists in clean air regulations’. The firm’s Texas base expanded in 2011 with the lateral hire of two partners from Vinson & Elkins L.L.P..

Morrison & Foerster LLP is ‘significant in California’, handling ‘quality work’. It is especially known for its expertise in Proposition 65 matters, but its strengths extend to endangered species, cleantech and water law. Its recent work includes defending three separate cases in a Proposition 65 matter relating to the alleged use of acrylamide in coffee and cereal; the clients involved are a coalition of US producers of coffee beans, General Mills, Kellogg USA and Post Foods. The firm also continues to advise the Metropolitan Water District of Southern California in litigation over ‘biological opinions’ under the Endangered Species Act; the result of the case would restrict water exports from the Bay Delta, having a major impact on California’s already strained water supply. Other clients include Sierra Pacific Industries, Mattel, Costco Wholesale Corporation, ExxonMobil and the California Forestry Association. Christopher Carr is the chair of the environment and energy group, based out of San Francisco. Michèle Corash is ‘one of the best environmental lawyers in the nation’, and Los Angeles-based Peter Hsiao is well regarded for hazardous waste and clean- up cases.

Pillsbury Winthrop Shaw Pittman LLP has ‘many fine lawyers’, and a ‘heavy California presence’. The practice spans litigation and enforcement, chemical and biotechnology regulation, climate change and sustainability, cleantech, health and safety, industrial permitting and regulatory compliance, natural resources, rulemaking, and water resources. Its client base takes in companies in manufacturing, pharmaceuticals, chemicals, research and development, and retail. Among its recent work, it successfully represented Teck Metals regarding the enforcement of an EPA order for the cost of investigation, remediation, and alleged natural resource damages along a stretch of the upper Columbia River in Canada; the case was addressed under the CERCLA/Superfund law as the pollution had flowed downstream to the US, with both the Confederated Tribes of the Coville Reservation and the State of Washington bringing the case. Los Angeles based Christopher McNevin leads the environmental litigation practice, while Mark Farley in Houston heads the environment, land use and natural resources practice.

Baker & McKenzie has an ‘extraordinary’ full-service practice with experience in all areas of air, water and waste, as well as in the needs arising out of major environmental regulatory programs. Its client base includes multinational corporations across the industrial and manufacturing spectrum. Its recent highlights include working with the Gypsum Association in response to the EPA’s new coal ash rule, and with an energy corporation on Clean Water Act issues at several of the company’s expansion sites, as well as in citizen suit challenges. It has also acted as environmental counsel to a manufacturing company over EPA enforcement matters arising from two environmental incidents. The firm has an extensive nationwide and global presence in environmental law, with 200 environmental attorneys working in over 40 countries. John Watson is the chair of the practice, based in Chicago. Douglas Sanders is recommended for his ‘great environmental litigation skills and expertise’.

Covington & Burling LLP is ‘one of the best firms in this field’, with ‘outstanding and honest lawyers’. Its recent work includes representing Vulcan Chemical Company in a major Superfund matter involving contamination of the lower Passaic River in New Jersey; the company is being sued as a third party contributor to the matter, along with over 300 defendants – the litigation is expected to last for several years and predicted to cost a total of $4bn. The firm also defended oil refining company HollyFrontier Corporation in alleged violations of the Clean Air Act (CAA)’s New Source Review program on both the state and federal level; the matter was settled by the entry of three consent decrees. The firm is also advising Aerojet-General Corporation in a dispute with water purveyors over a longstanding agreement to fund the treatment of contaminated groundwater at a facility in Southern California; the site treats over 30,000 acre feet each year, and the matter is valued at $200m. Lawrence Hobel chairs the environmental practice out of San Francisco. Allan Topol is recommended as ‘among the most knowledgeable Superfund attorneys in the US’, and Stuart Eizenstat in Washington DC is ‘completely responsive to clients’ needs’.

Attracting praise for its ‘excellent response times, knowledge and advice’, Jones Day’s experience includes toxic tort claims, Superfund matters, criminal and civil investigations and prosecutions, compliance counseling, regulatory matters in environmental media, and climate change. It recently assisted EME Homer City Generation in obtaining dismissal of a federal lawsuit that alleged that two of the company’s power plants had violated the Clean Air Act (CAA); represented Midwest Generation in litigation brought by the State of Illinois and Department of Justice, and won a dismissal of two class action lawsuits against the company for alleged damages, and violations of CAA; and was instructed by Xcel Energy in a global warming lawsuit that claimed the company’s greenhouse gas emissions contributed to the erosion of a native coastal village in Alaska – the case was dismissed and is now on appeal on the Ninth Circuit. The environmental practice is headed by Kevin Holewinski in Washington DC, whom clients single out for his ‘negotiation ability’ and ‘overall understanding of environmental law’. Thomas Hamilton is ‘extremely knowledgeable, hardworking, and easy to work with’.

King & Spalding LLP is ‘extremely competitive on fees and areas of expertise’. It handles a wide range of environmental litigation, including defense of government enforcement actions, criminal environmental prosecutions, toxic tort claims and citizen suits. It also represents corporations with environmental coverage actions against insurance companies seeking indemnification of remediation costs. Recent work includes continued representation of the City of Atlanta and other local governments in the defense of multiple cases threatening drinking water supplies to the region; the States of Alabama and Florida contend that the State of Georgia is taking more than its fair share of the water used to supply the tri-state area. Other clients include Shell, the US Chamber of Commerce, Portland Cement and Chevron. Atlanta-based Patricia Barmeyer, Washington DC-based Katherine Rhyne and Carol Wood in Houston head the practice, which expanded with the hire of two new partners into its San Francisco office, including Gennaro Filice. Les Oakes and Rahul Patel are recommended.

Mayer Brown is ‘extremely well connected and knowledgeable in all areas’, and its litigation team is ‘top notch, with advocacy connections that cannot be duplicated’. It is currently representing Georgia-Pacific West LLC in drafting a petition for writ of certiorari; the petition asks the Supreme Court to reverse the decision of the Court of Appeals for the Ninth Circuit to hold runoff water from forest roads as open to regulation as part of industrial activity, which allegedly contravenes previous EPA rulings. The firm is also representing United States Sugar Corporation in cases that concern whether Clean Water Act permits are required for water transfers that move navigable water; and separately in a challenge to the so-called ‘Boiler MACT’ ruling by the EPA, which sets emissions limits for hazardous air pollutants from boilers and process heaters. Other clients of the firm include Cargill, Caterpillar, CMS Energy, Dow Chemical Company and Valero Energy. Washington DC-based John Hahn is valued for his ‘ready grasp of strategic impacts’, and is ‘very experienced’.

Morgan Lewis’ environmental practice has ‘exceptional range and depth, far more than other major firms’; the team is ‘extremely knowledgeable about the chemicals industry and has expertise in numerous environmental areas’. It provides counsel on Superfund cost-recovery matters, mass toxic torts, defense against citizen suits, defense against government enforcement actions, appeals, and insurance recovery disputes. Its recent work includes representing DuPont in litigation over alleged breaches of environmental representations and warranties relating to a divestiture in 2004, with the plaintiffs seeking $800m in compensation in New York. It is also representing ExxonMobil in various claims of nuisance, trespass, and breach of contract relating to soil and groundwater contamination in San Francisco; the City and County, along with other private parties, are suing the company for historic contamination of the Fisherman’s Wharf area of the city. The practice is co-chaired by John McAleese in Philadelphia, and Ronald Tenpas in Washington DC, who is a ‘gifted environmental litigator’.

Texas-based firm Thompson & Knight LLP is ‘excellent in all regards’, and provides ‘the highest level of service’. It represents clients in a variety of industries including oil companies, oil refiners, chemical plants, energy companies, and pipeline companies. It has acted for BNSF Railway Company since 2008 in more than 200 lawsuits claiming that the town of Somerville, Texas was exposed to toxic substances from a nearby treatment facility, and recently assisted in securing five dismissals in trials and appeals in ongoing litigation against the company. It also represented Union Carbide when it was sued by the State of Texas over liability relating to a state Superfund site; this is a recent site with many potentially responsible parties cited, and the firm was able to win a favorable settlement for the company on cost recovery. It also represented Pasadena Refining System in ongoing litigation relating to alleged violation of the Texas Clean Air Act in Harris County, Texas. The environmental group is headed by James Morriss, who stands out in ‘situations where the highest profile is called for’.

White & Case LLP provides ‘an excellent level of service in all respects’ and ‘high-quality advice’; ‘response times are unquestionably of the highest caliber’, and ‘the attorneys are always accessible’. The firm represented one of Florida’s largest private property owners in the assessment of a former creosote operation on land that was leased to a lumber company 60 years ago, and also successfully defended an enforcement action regarding the activities of the former tenant and achieved regulatory approval of the assessment and remediation for the former contamination – the case was closed in 2011 after a decade of proceedings. The firm is also representing Pescanova in enforcement matters relating to the alleged violation of federal regulations concerning a shipment of toothfish from Argentina. Richard Horsch and Paul Milmed are the key contacts in New York. Neal McAliley is ‘very affable, personable and knowledgeable’, and Douglas Halsey is ‘a very skilled, bright environmental law litigator’.

Kirkland & Ellis LLP’s practice is ‘excellent’, and ‘has a deep bench on environmental and regulatory matters’. The large group is involved in all aspects of environmental transactions, to include due diligence, acquisitions, contract negotiations, permit transfers, environmental insurance, liability transfer and securities disclosure, as well as the assessment of Bankruptcy Code impact on environmental liabilities. On the regulatory side, it is representing the US Chamber of Commerce in three related challenges to greenhouse gas rulemaking. These regulations were brought by the Environmental Protection Agency (EPA) in an attempt to curb emissions under the auspices of the Clean Air Act (CAA). The firm is challenging the Endangerment Rule, Triggering Rule and Tailoring Rule, along with 15 states and 65 private entities across the economic spectrum. On the transactional side, the firm assisted in the ABB acquisition of Baldor Electric ompany, which is worth $4.2bn. It also acts as lead environmental counsel for Berry Plastics and American Standard Brands, where it handles M&A, compliance, site remediation and enforcement issues. In January 2011, the firm provided counsel to Chemtura Corporation in the successful completion of its Chapter 11 bankruptcy restructuring. It settled obligations at approximately 100 sites with federal and state regulators, property owners and other entities for cash payments of $68m. This total includes a $27m settlement with the EPA that covers 19 Superfund sites in 16 states. These settlements were in response to EPA claims that the value was in excess of $2bn. Other clients include 7-Eleven, GM, ExxonMobil and ConocoPhillips. Walter Lohmann is the head of the environmental transactions practice out of Washington DC, and is regularly recommended by clients and peers alike.

Latham & Watkins LLP is ‘in the top tier of national law firms’. Its lawyers are ‘extremely bright, hardworking and practical’, and the firm ‘clearly gives one value for money’. It handles a large volume of M&A and financing related environmental matters, for a wide range of clients. It is lead counsel for The Carlyle Group on its M&A matters, recently assisting on the acquisition of Manor Care, the sale of the John Maneely Company, the sale of Kuhlman Electric Corporation, and the acquisition of Allison Transmission. The firm also represented Southern California Edison Company in matters relating to the development of high-voltage transmission lines that will connect renewable energy resources; this is part of California’s ongoing commitment to alternative energy sources and the field of cleantech, in which the firm has a strong presence. The complex ‘Tehachapi Renewable Transmission Line Project’ will stretch 170 miles and cost close to $2bn, and involves major issues of both federal and state environmental law, including the National Environmental Policy Act (NEPA) and Endangered Species Act (ESA). In other regulatory matters, the firm is assisting General Electric in relation to its Inland Empire Energy Center (IEEC), an electric power generation plant that utilizes a steam cooling system; the firm successfully defended this project against environmental challenges at the US District Court and Ninth Circuit Court of Appeals. Other clients include Riverstone, Gores, Onex and General Electric. Robert Wyman in Los Angeles and Mary Rose Alexander in Chicago are co-chairs of the global environmental practice. Janice Schneider in Washington DC is a prominent lawyer in the areas of land use and natural resources.

Sidley Austin LLP’s ‘service is invaluable in ensuring successful outcomes’, and is noted for its ability to achieve ‘very positive and cost-effective’ results. The firm provides climate change regulation counseling in the US and European Union, and the onset of many new EPA permitting rules relating to curbing greenhouse gases has led to it acting as counsel to over 40 global multinational companies. Recent work highlights include taking a lead role on the treatment of emissions for the combustion of renewable biomass in EPA’s rules; the firm represents the National Alliance of Forest Owners in a coalition that is seeking to revise EPA’s accounting of biogenic emissions: this is a significant regulatory issue in the growing body of rules intended to affect climate change in the US, and the firm has so far persuaded the EPA to reconsider its position on the rule. The firm’s transactional practice advises on the range of issues relating to due diligence, bankruptcy, risk mitigation, insurance and compliance, and it has recently settled insurance claims for natural resource damages and other remediation costs totalling more than $60m for its clients. The global environmental practice is coordinated by David Buente, who is ‘one of the best environmental lawyers anywhere’, Robert Olian, and Judith Praitis, who is ‘excellent on environmental requirements, particularly the California rule’. Roger Martella, in Washington DC, is also recommended, and noted for ‘his ability to bring parties together and forge common and successful resolutions to very difficult and challenging issues’.

Beveridge & Diamond, P.C. has ‘both technical and legal expertise’, its ‘business acumen is exemplary’, and its attorneys have ‘deep knowledge in various subject areas’. The firm advises clients from a wide range of industry sectors on divestitures, acquisitions, due diligence, and product stewardship, including the negotiation of product-related provisions in transactions. Recent work highlights include a growing amount of advice relating to product stewardship and the ‘life cycle’ of products; it has assisted several multinational companies in complying with legislation for the sale of electronic products across four continents. The firm is also representing the Information Technology Industry Council (ITI) in global negotiations under the Basel Convention over the requirements for environmentally sound management, which dovetails with similar compliance counseling work with companies over the tracking of products from cradle to grave. The firm has extensive experience with dealing with agencies at both state and federal level, and a deep bench on regulatory matters. It was recently retained by the City of Middletown in relation to a proposed waste facility by a private developer in the area; contractual issues arose between the two parties, and the case went to arbitration with $300m in damages sought by the developer; the firm secured a decision that found in favor of the City on all counts. Karl Bourdeau is the chair of the environmental practice group, and leads 23 other partners working on transactions and regulatory matters. Washington DC-based Holly Cannon is recommended, and Mark Duvall is ‘wonderfully efficient’ and ‘very thorough’.

Bingham McCutchen LLP is a ‘well-known commodity’ and has a strong presence in California. The firm ‘always keeps the client’s best interests in mind’, and is ‘extremely cost-conscious and creative’. It recently assisted Pacific World Corporation in its acquisition of WE Bassett Co, which has a presence in 39 countries; and advised GE EFS in the $1.8bn financing of the Shepherds Flat wind power portfolio. The latter deal consists of three wind power projects in Oregon, and involves 20-year power purchase agreements with Southern California Edison; it is currently the largest wind project financing to date. The firm also assisted K Road Power and AES Solar in the re-permitting and defense of permits associated with two of the largest solar projects in California. The firm is co-chaired by Michael Wigmore, Ella Foley Gannon and Rick Rothman. Edward Strohbehn, based in Washington DC, ‘ranks in the top 5% in terms of his knowledge and ability to evaluate complex legal situations from a variety of perspectives’.

Davis Polk & Wardwell LLP, in New York, is a ‘strong transactional firm’, and ‘high quality’. It acts for clients across the oil and gas, utilities, power generation, coal, chemicals and real estate sectors, advising in areas such as M&A, capital markets, project finance and credit, insolvency and restructuring. The firm advised Morgan Stanley and JPMorgan Securities as joint book managers in the Molycorp IPO, which had an aggregate value of $2.1bn over a year’s worth of separate stock offerings. The firm also acted for Delphi Automotive in one of the largest IPOs of 2011: the offering was worth $530m, and organised to have an unusual ‘drag along’ share structure. In other highlights, it advised an investor group comprising Merrill Lynch, Citigroup and Chesapeake Energy in its acquisition of Frac Tech, a provider of oil and natural gas well stimulation services; and Brazilian sugarcane producer Cosan SA Indústria e Comércio in connection with a $12bn joint venture with Shell for the production of sugar, ethanol and power as well as supply, distribution and sale of fuels in the country. Other clients in 2011 included Credit Suisse, General Motors, Bertelsmann, Roche, Comcast Corporation and Murphy Oil. The environmental practice is led by Betty Moy Huber and Loyti Cheng.

Hunton & Williams LLP is ‘good for energy’, and is noted for its ‘strong presence’ in Washington DC. The group represents buyers, sellers, lenders, investors and underwriters in environmental transactions, and is also ‘very good’ on regulatory matters. It has a particular expertise in the CAA and Clean Water Act (CWA) issues, and also has experience in the Resource Conservation and Recovery Act (RCRA), hazardous waste management, endangered species legislation, and wetland work. It acted as sole environmental counsel on the second-largest IPO in US history; and advised a global automotive parts manufacturer on the environmental aspects of a $2bn acquisition, which included hundreds of manufacturing facilities. It also worked for a public utility holding company in a $440m financing of four energy facilities; and represented a purchaser in the acquisition of a manufacturing multinational operating in North America and the UK. Bill Brownell in Washington DC and Kevin Finto in Richmond are recommended.

The small team at Cravath, Swaine & Moore LLP is on the ‘cutting edge’ of environmental transaction work, covering the full range of services across debt and equity offerings, lending and acquisition financing, SEC disclosure requirements, remediation projects, insurance coverage, real estate and contract disputes. Its industry experience extends across the petroleum, manufacturing, pharmaceuticals, paper, transport, real estate, telecommunications, forestry, and alternative energy sectors. Recent work highlights include representing Ashland in connection with the $979m sale of its global distribution business to Nexeo Solutions LLC; Arch Chemicals in a merger with Lonza Group, which is worth $1.4bn; and advising Polymer Group, a producer on nonwovens, in connection with its sale to Blackstone Capital Partners. It also advised Nalco Holding Company on a merger agreement with Ecolab, with a total transactional value (including debt) of $8.1bn. Matthew Morreale now heads the New York group, following the recent departure of Jeffrey Smith to Crowell & Moring LLP.

‘The level of service is excellent in every way’ at California-based firm Paul Hastings LLP; its response times are ‘unparalleled’ and its ‘expertise and advice’ highly valued. The team assists in relation to business and real estate transactions, regulatory compliance, permitting and enforcement, rulemaking, insurance, air and water quality, solid and hazardous waste management, product standards, and green buildings. Its renewable energy client base has expanded considerably, reflecting the industry’s growing importance in the US. The firm acted for Solar Millennium LLC in relation to the 7,000 acre, 1,000MW Blythe Solar Power Project; and for First Solar on four solar projects that required co-ordinating the permitting issues with all federal and state land use, wildlife and energy agencies. It also acted for SunPower in the environmental aspects of a $1.4bn loan from the Department of Energy, as well as corresponding permit agreements, for its solar photovoltaic facility, which when built will be the world’s largest facility of its kind. The environmental practice in San Francisco is led by Peter Weiner, Deborah Schmall and Gordon Hart. New additions to the group include Kevin Poloncarz from Bingham McCutchen LLP. New York-based David Freeman is recommended as ‘extremely professional and knowledgeable’.

Boutique outfit Van Ness Feldman, P.C is a ‘good firm’ that is ‘well positioned’ in environmental law. Based in Washington DC, it specializes in issues relating to air pollution control, climate change, energy project permitting activities, and hazardous waste, and is active in transactional emissions trading work. Its client base consists of companies across electric utility, hydropower, natural gas, automotive and recreational marine industries. Its recent work includes strategic counseling for American Electric Power (AEP) on drafting federal legislation for carbon sequestration in geological sites, and helping develop a new federal framework for simplifying the new environmental requirements that apply to the electric power sector. The firm is representing the FutureGen Industrial Alliance on the unique FutureGen project, which uses geologic carbon sequestration in its electric power plant; it is advising on financial assistance matters, air and water regulation, and federal and state environmental compliance relating to the project. Stephen Fotis heads the environment practice, Kyle Danish leads on the climate change side, and Michael Swiger covers hydroelectric matters.

Vinson & Elkins L.L.P. is ‘responsive, sensitive to business concerns, and very substantive on environmental law questions’. It is representing Luminant Generation Company LLC in matters arising out of the licensing of a low-level radioactive waste (LLRW) disposal facility by the Texas Commission on Environmental Quality; the firm’s work includes negotiating on rates, waste and disposal issues. In a separate matter for the company, the firm is assisting with a wastewater discharge permit for its Oak Grove Power Plant, and is defending the state’s issuance of that permit in District Court. On the transactional side, the firm represented Toledo Bend Partners in contract negotiations relating to the purchase of 600,000 acre feet of surface water from the Sabine River Authority of Louisiana. Other clients include New York State Electric & Gas, Sandy Creek Energy Associates and Sunflower Electric Power Corporation, and the firm also added Antero to its client list in 2011. Larry Nettles, based in Houston, is ‘timely, commercial and appropriate’, and ‘superb on transactional issues’.

Fulbright & Jaworski LLP, in Houston, ‘provides direct and sound advice’, and is ‘very knowledgeable and practical in the area of environmental regulations and compliance’. Its recent work includes assisting on the expedition of an air permit to Southwest Research Institute in Texas, which resulted in the company being awarded a multimillion-dollar contract. It has also advised Anadarko Petroleum Corporation in ensuring compliance procedures and reviewing Anadarko policy for environmental protection in the Gulf of Mexico. On the transactional side, the firm advised Quanex Building Products Corporation on its acquisition of Edgetech, involving environmental law issues in the US, the UK and Germany; and acted for Academy in relation to a merger agreement and the transfer of permits held by the company’s retail stores. Other active clients include Union Pacific Railroad Company, JPMorgan Chase, BAE Systems, and Amazon.com. Eva Fromm O’Brien heads the practice, and is ‘one of the finest environmental attorneys’; Heather Corken is ‘responsive’, and provides ‘practical and pragmatic counsel’; and Edward Lewis also attracts high praise from clients.

‘Experienced, responsive, professional’, Morrison & Foerster LLP provides an ‘outstanding level of service’ and has ‘unmatched expertise’. Its recent work includes representing Union Pacific in the company’s move to modernize a rail yard near the Port of Los Angeles using radically alternative energy; the project has entered its public review stage and is being hotly contested by community groups – the firm’s work involves ensuring full compliance with the appropriate land use and building permit requirements. The firm is also helping renewable energy company Enxco in the environmental and land use issues surrounding its wind and solar development in California; this involves navigating the maze of compliance issues under the National Environmental Policy Act (NEPA), the California Endangered Species Acts, the Williamson Act and others. Its transactional work in 2011 included advising Toshiba in its $2.3bn acquisition of Landis+Gyr AG in Switzerland; and assisting The Nature Conservancy in Bolivia with the possible restructuring of its carbon credit project, and with the establishment of a 60,000-acre ecological corridor in Kenya. Dian Grueneich and Theresa Cho joined the team in 2011. Peter Hsiao is ‘everything you would want in outside counsel’.

Skadden, Arps, Slate, Meagher & Flom LLP handles environmental work in the context of domestic and international M&A, project financings and IPOs, including the evaluation and management of environmental liabilities and compliance matters, the negotiation of environmental contract provisions, agreements and disclosures, and the performance of due diligence audits. The firm also prepares contracts for the sale of greenhouse gas emission credits in the US and under the Clean Development Mechanism of the Kyoto Protocol. Recent work includes advising The AES Corporation in its $3.5bn acquisition of DPL, and Calera Corporation on climate change policy relating to its carbon capture activities. It also advised on environmental matters relating to the bankruptcy reorganizations of Delphi Corporation and Mark IV Industries. Other clients include Deutsche Bank, Chevron, Pfizer, General Electric and UBS Investment Bank. Don Frost heads the Washington DC-based practice, and Henry Eisenberg and Elizabeth Malone are also recommended.

Sullivan & Cromwell LLP, in New York, specializes in M&A and divestitures for a range of companies in the chemicals, energy and manufacturing sectors. Its recent work includes assisting BP in close to $7bn worth of sales of the company’s assets in Texas, New Mexico, Canada, and Egypt; and advising BHP Billiton on its $15.1bn acquisition of Petrohawk Energy Corporation – a large transaction in the growing shale gas market. It also advised E.ON AG in the $7.6bn sale of the company’s energy interests to PPL Corporation, and assisted Rhône Capital in its sale of a majority equity interest in Arizona Chemicals to American Securities. The environmental issues in these transactions involved the analysis of liability risks associated with future greenhouse gas regulation and biofuel legislation in the EU at chemical plants in multiple jurisdictions across the US. The firm also advised Bucyrus International in relation to its $8.6bn acquisition of Caterpillar, a major transaction which involved liability, compliance and regulatory complexities. Matthew Brennan is very active on the transactional side, and is ‘very knowledgeable’ and ‘very approachable’.

The team at Weil, Gotshal & Manges LLP handles the environmental aspects of corporate transactions including mergers, acquisitions, divestitures, financings, restructurings, liquidations, and special projects involving real estate, infrastructure development, public disclosure and loan guarantees. It advised AmSafe Global Holdings, a supplier of safety equipment to the aerospace industry, in its $750m sale to TransDigm Group Incorporated; HIT Entertainment in its $680m purchase by Mattel; and Keystone Foods, a large meat products company, in its $1.26bn sale to Marfrig Alimentos, based in Brazil. Active clients also include American Securities Capital Partners, Crow Holdings, Darling International, General Electric, and Seacor Holdings. Washington DC-based David Berz heads the team and comes highly recommended by clients. Annemargaret Connolly is also recommended, and is particularly active in transactional matters.

Dentons has ‘good substantive knowledge and good business sense, and is extremely reliable and trustworthy’. The firm has advised several major insurers including HealthNet, Conseco and American General Life on transitions under the PPACA. The six-partner team has advised Aetna and Arcadian Health Plans on compliance issues nationwide; and has handled regulatory work for Genworth and Prudential in relation to long-term care and disability products. Very active on the corporate side, it recently represented a health plan on a series of public and private bond issues totalling $100m for improvements to existing structure. Michael Barnes’ ‘knowledge of California insurance coverage law is encyclopedic’. Sonia Martin focuses on bad faith and coverage, and ‘is a particularly effective litigator – aggressive and knowledgeable’. Kara Baysinger heads the insurance team.

Epstein Becker & Green, P.C. has a strong focus on the health plan/managed care side of the market. The firm is defending Kaiser Foundation at the Los Angeles Superior Court against a putative class action seeking to extend insurance coverage; and is defending Health Net in the same court against actions filed by multiple providers seeking payment of claims left unpaid by failed Independent Practice Associations. On the non-contentious side, the practice provides ongoing advice on employee benefits to several insurers, including Emblem Health, in areas such as pension plans and investment management. In New York, Wendy Goldstein has a practice advising payors on outpatient prescription drug benefits and drug benefits programs. Co-founding partner Steve Epstein is widely respected for his contribution to the evolution of managed care.

Manatt, Phelps & Phillips, LLP assists two of the country’s largest health insurers in relation to security issues and opportunities in health reform. Recent work also includes advising innovative non-profit organization Freelancers Union Insurance Initiatives on the development of health insurance models to increase affordable coverage. In California, the firm acted for Blue Shield and the Association of California Life and Insurance Companies in successfully challenging the state’s underwriting and rescission regulations. The litigation team won multiple class-action victories for Blue Shield and HealthNet in challenges to the insurers’ guaranteed issue and individual plan reimbursement rates. Managed care expert Robert Belfort is ‘outstanding’, with ‘unparalleled attention to detail and accuracy’.

Joel Michaels of McDermott Will & Emery LLP represented Munich Health, a subsidiary of Munich Re, on its $135m stock purchase of Windsor Health Group, in a deal designed to strengthen the company’s position in the Medicare market. In North Carolina, the firm is advising Blue Cross and Blue Shield on the development of patient-centered medical homes as a new model for provision of primary care. Washington DC-based Michaels is widely respected for his knowledge of provider/payor relationships and extensive experience representing the insurance industry.

Appellate and transaction powerhouse Gibson Dunn has been particularly active in high-profile litigation. The firm is defending Aetna Life Insurance against a putative multibillion-dollar class action concerning reimbursement for out-of-network services, having previously successfully affirmed the dismissal of a related action (Weaver v Aetna Life Ins Co) at the Ninth Circuit Court of Appeals. Also in the Ninth Court, the team obtained affirmation of a District Court’s grant of summary judgment in favor of Lexington Insurance after it was sued for partial payment of excess in a medical malpractice settlement.

With its sole office in Washington DC, Groom Law Group is particularly strong in the area of healthcare reform, and has established a reputation for providing advice to payors on the PPACA, including in relation to annual limits, grandfathering status and health insurance exchanges. It has also worked with a major payor on the innovative use of a captive insurer to lower the cost of health benefits for small employers. Mark Nielsen has ‘amazing Health and Human Services contacts and is able to assist in obtaining blanket waivers for Health Reimbursement Accounts’; and Christy Tinnes is noted as ‘a Health Insurance Portability and Accountability Act expert’.

Hogan Lovells US LLP advises several major insurers and health plans on Medicare/Medicaid billing and reimbursement matters. The firm is representing United Health Group in relation to a qui tam suit alleging violation of Medicare Advantage plan marketing regulations and the Federal Anti-Kickback Statute, successfully affirming dismissal of the marketing regulations violations claim under the False Claims Act in the Third Circuit Court of Appeal. United is a major client on the payor side, and the firm advises the group and its affiliates on several matters including M&A, joint ventures and health information technology.

With a focus on litigation, Morgan Lewis represents some of the largest insurers in contentious and non-contentious matters. Recent work includes acting for HealthNet on several class actions filed by providers over claims processing and recoupment issues. The firm also obtained a reversal in the Third Circuit of a major class action for client Capital Blue Cross. On the non-contentious side, it represented Independence Blue Cross on the purchase of substantial assets of AmeriHealth Mercy Health plan from a joint venture partner; and is advising Coventry Health care on its participation in the health insurance exchange initiatives under the PPACA.

Insurance litigation specialist Reed Smith carries its expertise into the healthcare sector. The team has had a long relationship with Blue Cross of California, and resolved multiple class action claims in the high-profile, state-wide California rescission litigation. The firm also represented Kaiser Health Foundation in the California Court of Appeal, gaining affirmation of summary judgments dismissing two separate workplace discrimination claims. Los Angeles-based Kurt Peterson and Ken Smersfelt are the names to note.

Covington & Burling LLP has the ‘top lawyers in the industry: excellent in response times, business acumen and industry knowledge’. The group’s regulatory practice was strengthened by the addition of two former government officials at its main Washington DC office: of counsel Demetrios Kouzoukas, who served as deputy general counsel at the Department of Health and Human Services; and former chief counsel of the FDA Gerald Masoudi, who co-chairs the firm’s food and drug regulatory practice. The firm represented Genentech in a high-profile FDA hearing on whether to withdraw accelerated approval of the breast cancer indication for the Avastin drug. In M&A, it represented King Pharmaceuticals on its $3.6bn definitive merger agreement with Pfizer. The group has significant strength in antitrust and litigation, with substantial patent litigation and product liability practices. Masoudi’s ‘knowledge of the FDA, its people and their workings is extremely helpful on difficult issues’. Richard Kingham ‘has worked with most major pharma companies and his knowledge of the industry, the business and the law is second to none – including UK and EU regulations’; and Peter Safir’s ‘knowledge of Good Manufacturing Practices is really superb’. Transactions specialist John Hurvitz is also highly regarded. Kingham, Safir and Hurvitz are all based in the capital.

Hogan Lovells US LLP ‘covers the full range of issues’ with the ‘highest level of professional service, excellent response times and easy access to specialists in many areas’. Clients include Cephalon, GE Healthcare and Merck. Its highly regarded regulatory group – noted for its expertise ‘in the substance and the politics’ – advises numerous medical device, pharma and biotech companies on potential FDA approval. Particularly busy on the medical devices side, the firm is advising Siemens on clearance for a new product, and Janice Hogan – ‘a wonderful resource on FDA issues’ – is part of a team representing Stryker Corporation on quality submissions, reimbursement and compliance. The firm advised Merck on the cross-border acquisition of its biomanufacturing network by Fujifilm, utilising attorneys in London, Japan and Moscow. Baltimore-based Asher Rubin advised Tesaro on a Series B financing in one of the largest-ever venture capital rounds for a biotech company. Baltimore corporate partner William Intner is ‘extremely competent in all matters related to SEC reporting’; and practice co-head Rubin is ‘invaluable’. Also based in the capital, antitrust expert Robert Leibenluft and former FDA associate chief counsel Robert Brady are very highly regarded.

Latham & Watkins LLP provides ‘outstanding service’ in FDA and CMS regulatory work, M&A, securities offerings and litigation. The firm serves as outside FDA counsel to the Medical Device Manufacturers Association, and represented it and Boston Scientific in negotiations to reauthorize the Medical Device User Fee Act. On the CMS side, it successfully acted for two device manufacturers in challenges to denials of Medicare claim adjudications and standards for device distributors, respectively. John Manthei advised Advanced Biohealing on its acquisition by Shire plc; and Stuart Kurlander acted on several transactions, including for IntegraLifeSciences on its acquisition of SeaSpine Inc. Both attorneys are based in the Washington DC office, from where the bulk of the firm’s regulatory and corporate work is handled. In California, the firm acted for Clarient in class action merger litigation, successfully arguing a non-monetary settlement in principle on the eve of the tender offer closing. Practice co-chair and FDA expert Manthei is ‘extremely responsive’, ‘conscientious’ and ‘very strategic’. Silicon Valley emerging company expert Alan Mendelson is ‘absolutely a preeminent lawyer’. The group also has a sizeable product liability and patent litigation practice.

A leading presence in the space, Ropes & Gray LLP offers life sciences coverage across the full spectrum of needs in the US and from offices in Shanghai, Tokyo, Hong Kong and London. With an already robust foothold on the East Coast, the firm recently added to its West Coast capability with the addition of Ryan Murr from Goodwin Procter LLP to its San Francisco office. It is principal outside counsel to Genzyme Corporation, and represented the company in its hostile tender offer defense and ultimate sale to Sanofi-Aventis for $20.1bn. A mixed team of Boston corporate and New York IP attorneys, led by Marc Rubenstein, is assisting Biogen Idec in its $300m joint venture with Samsung Biologics to develop biosimilars. The firm is instructed by both Pfizer and Johnson & Johnson in relation to corporate and FDA regulatory matters; Boston-based Steven Wilcox advised on Pfizer’s development and marketing agreement with Puma Biotechnology for a breast cancer inhibitor; and Mike Sexton, also based in Boston, led a team acting for Johnson & Johnson on its settlement agreement with Merck amending global distribution rights for two autoimmune antibodies. In California, Murr acts as outside general corporate counsel for nano-medicine company Arrowhead Research, and advised it on its acquisition of therapeutics assets from Roche. Rubinstein and Washington DC-based Greg Levine co-chair the group.

Sidley Austin LLP has ‘outstanding ability to provide practical legal advice that takes into account the legal/regulatory environment’; and is ‘at the top in FDA drug-related litigation’. The firm has key offices in Washington DC, Chicago and Silicon Valley, and international capabilities with life science groups in London, Brussels and Shanghai. It is acting for Allergan on regulatory issues, often adversarial, across all the company’s products; and for Bayer as launch counsel for three new products, advising on importation, distribution and reimbursement. GE Healthcare remains a key corporate client for transactional and licensing matters, with recent deals including its $590m acquisition of Clarient. On the contentious side – where it also has a significant product liability and IP practice – the group acted for Genentech, Johnson & Johnson and Novo Nordisk. Washington DC-based Scott Bass and Jim Stansel – co-heads of the global life sciences team – are ‘outstanding advisors’; Ray Bonner, also based in the capital, is ‘an absolute industry expert, savvy and business aligned’; Chicago-based corporate partner Pran Jha is ‘incredibly responsive, and gives intelligent and business-savvy advice’; and Washington DC -based Jeff Senger has ‘regulatory expertise that is broad and deep’.

A transactional powerhouse which represents pharma, biotech and medical device companies on middle-market transactions and mega-deals, Cooley LLP has a firm foothold in the corporate space with 70 attorneys in its life sciences practice. The firm is highly regarded for its work in public offerings, and represented major companies including Exilixis, Optimer and Cerus on a range of IPOs and follow-ons. In M&A, a three-office team acted for AMAG Pharmaceuticals on its $686m merger with Allos Therapeutics; and Barbara Kosacz represented Gilead Sciences in its $225m acquisition of Arresto Biosciences. Partnering and licensing is another significant practice area: highlights included acting for Synosia Therapeutics in a $745m deal with UCB; and for Xencor in a $500m option deal with Amgen to co-develop an antibody for autoimmune diseases. In Silicon Valley, Robert Jones has been ‘around for a long time doing licensing work’, and is ‘a great lawyer’. Practice head Kosacz, also based in Palo Alto, attracts widespread praise, and has been ‘immersed in the industry for many years’. The group has a regulatory practice based in Washington DC, and patent litigation capability.

Highly regarded in the Boston life sciences market, Goodwin Procter LLP has since 2006 also had a presence on the West Coast, opening offices in San Francisco, San Diego and Silicon Valley. In common with other Boston firms, it is known for its work in private equity – especially PIPE deals – and venture capital, but also has a significant FDA practice; the team includes a former FDA associate chief counsel in its co-chair, Washington DC-based Mark Heller. The firm represented biotech company Avila Therapeutics in its $350m merger agreement with Celgene Corporation, a deal worth up to an additional $575m in milestone payments. In California, a team from the San Diego office advised Cleave Biosciences on its $42m Series A financing from various investors including Astellas Venture Management. Other corporate highlights included advising biopharma company Aegerion on its £48m IPO to finance development of its lead product, Iomitapide.

Kaye Scholer LLP’s highly regarded life sciences group represents several multinational pharma companies in antitrust matters, commercial litigation and corporate transactions. Recent work includes winning a Second Circuit ruling affirming the dismissal of a $1.28bn claim in damages for fraud and breach of contract against client AstraZeneca. It also successfully represented two subsidiaries of key client Pfizer at the District Court, with a jury rejecting claims that hormone therapy medicines manufactured by the companies caused plaintiff breast cancer. On the transactional side, the firm acted for Novartis on the divestiture of global rights to manufacture eczema treatment Elidel to Meda AB. The opening of the firm’s Silicon Valley office in 2010 has significantly strengthened its already well-respected product liability and IP practice.

McDermott Will & Emery LLP’s lawyers are ‘creative, inventive, and very smart’. The wide-ranging practice includes a highly regarded countrywide patent prosecution practice, notably in the major life centers of California, Washington DC and Boston. The firm has a longstanding relationship with Allergan, acting as outside reimbursement and compliance counsel. It represented a coalition of companies, including Brahms and Siemens, in securing a Medicare reconsideration determination for the laboratory fees associated with the diagnostic tool procalcitonin. The firm is representing long-time litigation client Amgen in a qui tam action seeking over $1bn in damages in the Boston Federal Court. In corporate, highlights included acting for Endo Pharmaceuticals on a $900m private offering of senior notes; and on a restructuring and Series B financing deal for Versartis. Government enforcement defense attorney David Rosenbloom is ‘responsive and pragmatic, and has a good relationship with the government’. Former AstraZeneca general counsel Glenn Engelmann joined the Washington DC office in September 2011.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. is highly regarded for its longstanding representation of biotech companies, acting for start-ups and large-caps across corporate, IP, regulatory and tax matters. Clients have included Massachusetts-based biotech companies such as Pulmatrix, Biogen Idec and Paratek. Among its corporate transactions, highlights included advising imaging and detection specialist Caliper Life Sciences on its $600m acquisition by PerkinElmer, and ARIAD Pharmaceuticals on a $258m public offering. The practice has some capability on the West Coast, with life science lawyers in its San Diego and Palo Alto offices.

Primarily known for its position in the important life sciences market of Boston, Morgan Lewis also has international capability, with experience in cross-border matters for major European and Asian clients. The firm represented Japanese multinational Asahi Kasei in its action for alleged sabotage of a licensing agreement against Swiss company Actelion in the California State Court, winning $577m (including $30m in punitive damages). Princeton partner Randall Sunberg advised Japanese pharma company Takeda on its commercialisation agreement with Intra-Cellular Therapies to develop inhibitors of the central nervous system. Regulatory highlights included advising Pfizer on its negotiations with the Department of Justice regarding a Corporate Integrity Agreement; and assisting EMD Serono with US and EU compliance issues for various product lines. M&A clients included Alacer Biomedical, Orchid Cellmark and AxoGen, which it represented in multiple transactions closing with a reverse triangular merger between it and a subsidiary of LecTec Corporation. Sunberg is a ‘licensing guru’, and San Francisco corporate partner Ben Pensak is also recommended. The Washington DC-based FDA practice made three new hires, including Arianne Callender, a former senior counsel at the Department of Health and Human Services. It also re-hired Alexis Reisin Miller, a former FDA Regulatory Counsel, in September 2011.

Skadden, Arps, Slate, Meagher & Flom LLP advises on high-value M&A, litigation and regulatory matters, and is particularly active in FDA investigations and qui tam action defense. Among several transactions for Endo Pharmaceuticals, the firm acted on its $2.9bn acquisition of American Medical Systems Holdings and the related $2.7bn acquisition financing. It also represented the company on a $900m high yield offering of senior notes. In litigation, it is representing KCI USA, a subsidiary of Kinetic Concepts, in two pending qui tam suits brought under the False Claims Act; and represented Amylin in an antitrust claim against Eli Lily. On the regulatory side, John Bentivoglio assisted EMD Serono in negotiations with the Department of Health and Human Services regarding kickback allegations, achieving a civil settlement and a three-year corporate integrity agreement.

Known for its strength in M&A and IP litigation, WilmerHale’s Boston office houses the bulk of its substantial life science team. The firm covers all aspects of the industry including real estate, private financings and alliances. M&A highlights included acting for Thermo Fisher Scientific on its $3.5bn acquisition of Phadia; and for BioVex group on its acquisition by Amgen in a deal that could include up to $575m in contingent milestone payments. Clients on the issuer side of numerous private financings included Agios Pharmaceuticals, Cerulean Pharma and Verastem, raising a total of $409m across all transactions. In Washington DC, the group has been active in government enforcement defense – particularly in relation to allegations of off-label marketing. Other clients included Novartis, Cephalon and Abbott Laboratories. Steve Singer in New York and David Redlick in Boston co-chair the practice group. Redlick is ‘top tier in both biopharma collaborations and corporate finance’.

West Coast mainstay Wilson Sonsini Goodrich & Rosati represents a wide range of companies from its main life sciences base in Palo Alto, primarily on corporate matters. IPOs are a significant area of strength; it raised a total of $653m in the first half of 2011 on behalf of clients. The group has a robust reputation for its advice to start-ups attempting to secure venture capital finance. In other corporate work, it advised Rinat Neuroscience on its acquisition by Pfizer; and acted on the commercialisation alliance between GlaxoSmithKline and Xenoport for Horizant, a drug that treats restless leg syndrome. Other clients have included Cholostech, Barosense and Align Technology. Casey McGlynn is highly regarded for his work with start-ups and on IPOs, and licensing expert Kenneth Clarke is also recommended; both are based in Palo Alto.

Corporate giant Cravath, Swaine & Moore LLP focuses on high-profile M&A, capital markets and financing work. The firm is representing longstanding client Johnson & Johnson on the largest transaction in the company’s history – the $21.3bn acquisition of orthopaedic device manufacturer Synthes. It also represented Novartis, another long-time client, in its $470m acquisition of Genoptix. In capital markets, the group regularly acts for the underwriters in senior debt offerings by major pharmaceuticals companies. It recently represented Merrill Lynch, Wells Fargo and JPMorgan in an offering by service company AmerisourceBergen.

Dechert LLP’s ‘response time is fast’, and its ‘industry knowledge, level of service and value for money all high – especially in relation to the negotiation of pharma licensing deals’. The firm acts primarily for mid to large-cap pharma companies in mass tort, product liability and IP matters; and also in antitrust litigation and transactional matters. In antitrust it represented Elan Corporation in class and opt-out actions alleging illegal delayed market entry of a generic drug, finalising the settlement with both sets of plaintiffs in March 2011. Corporate highlights included advising Covance in relation to its ten-year strategic alliance with Sanofi-Aventis, potentially worth $2.2bn in payments to the client; and advising for Janssen Pharmaceuticals on its non-binding cooperation agreement with Skolkovo Foundation, a non-profit organization developing scientific innovation in Russia. George Gordon and David Schulman co-chair the practice from Philadelphia and Washington DC respectively.

Foley & Lardner LLP is ‘cost competitive’, with an ‘ability to discern the “real” issue beyond the smokescreen’. The group has corporate and regulatory practices, with an emphasis on venture capital, licensing and private equity on the corporate side. It represented biotech company SynthRx in the negotiation of its all-stock merger into Adventrx Pharmaceuticals; and PregLem in the negotiation of a product licence and development agreement. In regulatory, Washington DC-based practice co-chair David Rosen is assisting H&P Industries and Spectra on FDA issues, obtaining late-stage marketing clearance for a medical device for Spectra. In San Francisco, co-chair Judith Waltz advises on government enforcement, and is noted for her ‘strong people interactions’ and ‘first-hand experience with individuals in government agencies’.

A product liability and IP litigation heavyweight, O’Melveny & Myers LLP’s 12-partner life sciences group also has a substantial corporate practice. The firm assisted Advance Medical on the establishment of a Cayman Islands/Brazil/US international structure and closing of a Series A financing, and continues to advise on the company’s expansion into the Brazilian aesthetic market. Particularly strong in capital markets, the firm acted on a variety of complex financings. It represented Nektar Therapeutics on a public offering of common stock which netted proceeds of $220m for the company; and Silicon Valley-based Brophy Christensen acted for Cell Therapeutics on a series of direct offerings worth more than $110m of Series 3 preferred stock. Highly regarded practice chair Sam Zucker, also based in Silicon Valley, is a ‘very good corporate practitioner’. In May 2012, Stanton Lovenworth joined from Dewey & LeBoeuf LLP.

Shearman & Sterling LLP represents multinational biotech companies, medical device manufacturers and large-cap pharma companies in high-value deals, white-collar litigation and antitrust matters. The firm is acting for Synthes on its $21.3bn acquisition by Johnson & Johnson: a cross-border transaction requiring Hart-Scott-Rodino clearance, European Commission approval and regulatory approval in other jurisdictions. In litigation, it acted for Élan Corporation in gaining the dismissal of two actions for securities fraud in the New York and California Courts. The group’s co-heads are based in San Francisco, Washington DC and New York.

With a strong transactions and litigation practice, California stalwart Sheppard, Mullin, Richter & Hampton LLP has been doing some significant work in emerging markets. It represented the Serum Institute of India in several matters relating to drug development, including a licensing agreement with Merck to market a new variety of pneumococcal conjugate vaccine. It also has a relationship with Indian pharma giant CIPLA, which has been active in attempting to reduce the cost of HIV treatments in developing markets. Domestically the group advised across a wide range of transactional matters, particularly M&A and financings, including representing Aduro BioTech in a $19.25m Series B financing; and Luitpold Pharmaceuticals in its acquistion of PharmaForce Inc. The litigation practice is oriented towards IP, and the group has a strong record in licensings and collaborations. Less well known on the regulatory side, it nevertheless has life science attorneys in Washington DC and New York.

Baker & McKenzie’s life sciences group includes 23 partners solely or mainly focused on the area. The firm’s global reach has assisted in generating a flow of large international deals over the past year, and advice to multinationals on compliance with new universal jurisdiction legislation such as the UK Bribery Act. A Chicago-based team led the advice to Abbott Laboratories on its $3.7bn acquisition of Indian branded generics manufacturer Primaral Healthcare, a deal that involved 44 offices and required approval from Indian state government for land transfers. In capital markets, the New York office advised Fresenius Medical Care on a $962m dual currency offering of 6.50% senior unsecured notes.

A single-office firm based in Boston, Choate, Hall & Stewart’s ‘overall level of service is outstanding’. Primarily a patent litigation and licensing practice, the firm has also been busy in trade secrets litigation, and is currently defending a pharma company in an ongoing action seeking damages of $100m. On the corporate side, the team acted for Vitality on its $20m acquisition by Global Health Grid; and Pappa Life Science Ventures and other investors on their investment in Canadian research business Milestone Pharmaceuticals.

Among several matters for K-V Pharmaceutical, Dentons acted on a False Claims Act/qui tam action alleging medicare fraud; and advised on negotiations with Congress, the FDA and CMS on the rollout of lead brand product Makena. The firm also serves as regulatory counsel for several divisions of Abbott Laboratories, and is advising on investigations under the Foreign Corrupt Practice Act. In transactions, the firm represented Topaz Pharmaceuticals on its merger with Sanofi-Pasteur, the vaccines division of Sanofi-Aventis; and advised bio-defense company PharmAthene on a $19.5m restructure of convertible debt and a $30m underwritten public offering. The group has strong IP and product liability practices.

Gibson Dunn has been very active on the patent litigation and transactional fronts. Among numerous corporate highlights, the firm acted for Covidien on a $1.5bn revolving credit facility; St. Jude Medical on its $1.5bn acquisition of AGA Medical Holdings; and niche life science investors Bio*One Capital on a Series D investment into device manufacturer TriReme Medical. Other clients included Accuray, Quidel and I-Flow Corporation. Litigators Daniel Thomasch and Mark Perry head the group.

A cross-practice team at Morrison & Foerster LLP represented Abraxis Bioscience in its acquisition by Celgene Corporation; the deal had a significant IP element with the pending approval of breast cancer drug Abraxane for other types of cancer potentially increasing the deal’s value to $3.5bn, and the firm has subsequently been retained by Celgene to advise on the Abraxis patent portfolio. Other clients have included Catalyst Biosciences, Terumo Corporation and Acambis. Patent prosecution and product liability defense remain the basis of the firm’s reputation in the area.

Better known for its work in healthcare, Proskauer Rose LLP also represents life sciences clients, primarily on transactional and licensing matters. The firm acted for Grifols on its $4bn acquisition of Talecris Biptherapeutics, including IP agreements. In licensing, the firm advised Biocryst Pharmaceuticals on a collaboration agreement with a UK pharma company for an oncology drug. Celgene and Novocure are longstanding clients.

With significant strength in antitrust and patent litigation, White & Case LLP acts for three large-cap pharma companies among other clients. It is representing Pfizer in a complaint alleging Walker Process fraud and sham litigation, and advised the company on the $2.3bn multi-jurisdictional sale of its Capsugel division to a private equity company. The firm also acted for Sandoz in 18 separate False Claims Act cases alleging inaccurate reporting of pricing benchmarks; and for Novartis in the high-profile antitrust case RxUSA Wholesale Inc v Alcon Laboratories Inc et al. All the work referred to was handled by attorneys in the firm’s New York office. In May 2012, Bryan Luchs joined from Dewey & LeBoeuf LLP.

A ‘go-to’ group for service providers, with offices in Boston, Chicago, Washington DC, Florida, California and New York, McDermott Will & Emery LLP has ‘a vast array of knowledgeable people on which to draw’, including ‘nationally known experts’, and provides ‘outstanding service’. The firm is advising Tenet Healthcare and Premier Healthcare Alliance on structural and regulatory issues arising from the development of Accountable Care Organizations (ACOs); and Premier ACO – a collaborative consisting of more than 70 health systems – in one of the largest efforts to establish ACOs as the new healthcare working model under the Patient Protection and Affordable Care Act (PPACA). Its M&A highlights included completing Vanguard Health Systems’ £1bn acquisition of Detroit Medical Center; acting for Steward Health Care System in the acquisition of the not-for-profit Morton Hospital and Medical Center; and advising Central DuPage Health on its merger with Delnor-Community Health System, creating an entity with estimated revenues of $1bn. In Illinois, Bernadette Broccolo – ‘a most impressive counsellor of law on complex matters’ – is advising the State Office of Information and Technology on the early development of Health Information Exchanges, in another important mandate under the PPACA. In Florida, a 20-lawyer team is acting for a major health system on one of the state’s largest qui tam cases. Miami-based Gary Davis – noted for his ‘superb knowledge of Stark, compliance and physician relationships with hospitals’ – is advising a not-for-profit health system on ACO strategy, and has built a reputation for cutting-edge work in structuring and managed care. On the West Coast, the group’s Los Angeles practice has been active in white-collar investigations, with Russ Hayman – ‘a wonderful lawyer’ – successfully defending a provider against a four-year, 22-claim qui tam suit which concluded in May 2011. Eric Gordon, in the same office, is ‘efficient and extremely knowledgeable, and provides practical advice’. In Boston, Chris Jedrey – ‘a seasoned healthcare lawyer with very strong knowledge of the political climate’ – was part of a team which represented Caritas Christi Healthcare System on its divestment to Steward Health Care System, a portfolio company of Cerberus Capital Management; the deal, which closed in May 2011, was one of the first divestments of a health system to a private equity company in the US. The firm has notable international capabilities, with healthcare expertise in London, Munich, Rome and China, where it is currently assisting on the development of the landmark Shanghai International Medical Zone.

One of the first healthcare boutiques, Epstein Becker & Green, P.C. has a long history representing service providers across the full range of practice areas. Clients include hospitals, health systems, medical centers, physician practices and long-term care providers. The team has been involved in the ACO pilot program under the PPACA, providing strategic advice to trade group Alliance for Quality Nursing Home Care on Medicare’s initial rulemaking on ACOs. Particularly strong on the regulatory side, the firm is known for its compliance advice on Centers for Medicare and Medicaid Services regulations. On the transactional side, it assisted Apria Healthcare on its acquisition of $26m worth of competitor Praxair’s assets – a deal which substantially increased Apria’s share of the home healthcare market. Douglas Hastings is leading the advice to Palmetto Health on the development of a co-ordinated clinical enterprise with the South Carolina School of Medicine. A ‘first-rate lawyer’ and ‘very well thought of’ in the service provider space, Hastings serves on the Board on Healthcare Services of the Institute of Medicine, and ‘interacts with the policy makers’. David Matyas is highly recommended for his work on regulatory compliance, fraud and abuse, and the defense of providers during government investigations. In 2011 the firm made five new hires, two at member level, at four of its eleven offices.

Truly national in scope, Hogan Lovells US LLP ‘ranks among the very best’ in the service provider space, and is ‘especially strong on regulatory compliance’. Known for its representation of teaching hospitals, the firm advises three major East Coast universities on transactional, regulatory and structuring issues. A team of 60 lawyers is representing The State University of New York on two hospital acquisitions worth a total of $450m, also serving as regulatory and antitrust counsel. The firm is also advising the University of Colorado Health Authority on the formation of a joint operating company with Poudre Valley Health System, which will create one of the largest health systems in the state; and has been advising Continuing Care Leadership Coalition, an amalgamation of more than 100 long-term care providers, on compliance issues, as well as representing several other long-term care clients – including on the formation of a new provider-controlled managed care organization. Its litigators have been heavily involved in Medicare/Medicaid issues, obtaining the dismissal of a potential audit by Florida Medicaid Program Integrity of six managed Health Maintenance Organizations; and successfully arguing for a change in the hospital value-based purchasing policy under the PPACA. Clifford Stromberg is a ‘top-flight attorney in his field, highly knowledgeable and responsive to clients’ needs and circumstances’. Fraud and abuse expert Tom Bulleit is a ‘brilliant Stark lawyer’; and Washington DC-based False Claims Act litigator Jonathan Diesenhaus is ‘an exceptional strategist’. Miami-based Craig Smith and counsel Michael Levinson are recommended, as is Jeffrey Schneider in New York.

Fulbright & Jaworski LLP’s full-service provider practice provides nationwide coverage, with a particularly strong presence in Texas. Austin-based head of the business and regulatory practice group Jerry Bell assisted Seton Healthcare on the completion of its long-term services agreement with Austin Paediatric Surgery. Litigation and administration practice head Robert Swift succeeded in obtaining dismissals of related actions for Memorial Hermann Hospital System in both the Texas Supreme Court and the Houston Court of Appeals; the cases were brought by the national emergency physicians group claimants to test exclusive contracts with hospitals under the state’s prohibition of the corporate practice of medicine. The firm also provides ongoing advice on Medicare and Medicaid reimbursement to various health systems across the country – including BJC Healthcare in St. Louis – from its Washington DC office. A mixed-office team is advising the Health Information Exchange of Montana on the physical and legal infrastructure required to transmit electronic health information.

A specialist healthcare firm with a strong foothold on the West Coast, Hooper, Lundy & Bookman, PC is ‘well versed in healthcare regulatory law’, and ‘provides superior, cost-effective service’. The firm’s 60 lawyers work exclusively in the healthcare space, with a significant service provider orientation. Known for its expertise in Medicare/Medicaid litigation and compliance, the firm is currently acting for 71 hospitals in four lawsuits in the US Court of Appeals, seeking to correct allegedly disproportionate share hospital payments received from 1987 to 1994. It has also taken a lead in representing providers challenging state Medicare reimbursement rate reductions, currently representing the California Hospital Association in one such challenge filed at the Los Angeles US District Court. On the transactional side, the practice acted for a physician group on the acquisition of facilities owned by a bankrupt local healthcare district. In the San Francisco office, Mark Reagan is ‘an effective litigator and tactician’, and Matthew Clarke ‘an excellent attorney’. Los Angeles-based founding partner Robert Lundy is also recommended.

King & Spalding LLP has ‘a deep knowledge of the healthcare industry and of the legal and business issues faced by tax-exempt healthcare systems’. The firm has major healthcare practices in Atlanta, Houston, New York and Washington DC, with 32 partners spending the majority of their time in the service provider space. Paul Quiros and Jay Harris led a team which advised the largest health system in Georgia, St. Joseph’s on its expansion via the formation of a new joint operating company with Emory Healthcare. Houston-based Dennis Dunn and associate Christina Gonzales advised Hospital Corporation of America on several acquisitions and sales and on joint ventures between ambulatory surgery centers and diagnostic imaging centers nationwide. In Atlanta, Sara Kay Wheeler is ‘a great resource on all facets of government regulations’. Dennis Barry, head of the Washington DC practice, is ‘pre-eminent in the field of federal healthcare reimbursement issues’.

Latham & Watkins LLP’s Washington DC office had a ‘banner year’, with the firm taking advantage of the government’s pushback in fraud and abuse and denial of reimbursement claims. Stuart Kurlander and Esther Scherb negotiated special exceptions for retroactive Medicare payments for a new ambulatory surgery center owned by Adventist Healthcare. Roger Goldman is advising various hospitals in the Department of Justice’s ongoing investigation into kyphoplasty procedures, and also represents several providers under False Claims Act investigation regarding implantable cardiac devices. On the litigation side, California lawyers Katherine Lauer and Paul DeMuro are representing Sheridan Healthcare in a qui tam action pending in the Southern District of Florida. DeMuro is very highly regarded for his corporate and investigation work. The firm’s San Francisco and Los Angeles offices are assisting Adventist on several acquisitions of acute care facilities.

Manatt, Phelps & Phillips, LLP is ‘excellent in every respect’, and noted for its ‘extraordinary skill, dedication, responsiveness and value’. Practice head William Bernstein is leading a team assisting a coalition of 21 states and state-designed entities on their Health Information Technology initiatives. Litigation highlights included the dismissal of separate putative class actions against Covenant Care and Kindred Healthcare in the Californian District Courts. Corporate highlights included the completion of a $750m bond financing for Sutter Health, and acting for CoxHealth in its acquisition of Springfield Neurological and Spine Institute. New York-based practice chair Bernstein has ‘great skill and insight’, and Albany-based reimbursement expert David Oakley has ‘in-depth industry knowledge, and extensive experience and contacts’.

A powerful presence on the East Coast, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. has substantial practices in Washington DC and Boston with a smaller capability in New York. The firm has a strong record in litigation and enforcement defense, where its experience includes obtaining the reversal of a district court’s sentencing and restitution order in a criminal cost report fraud case; and negotiating a $21m settlement for a hospital client in a Medicare reimbursement appeal before the Provider Reimbursement Review Board. The group provides advice across all practice areas including health information technology and accreditation for graduate medical education institutions. Antitrust expert Christi Braun joined from Ober Kaler.

A regulatory and government investigation powerhouse, Ober Kaler is ‘very cost effective’ with ‘excellent industry knowledge’. The firm acted on two of the year’s highest-profile whistleblower actions, including a major recovery under the False Claims Act. Washington DC-based antitrust lawyer John Miles is acting on a merger for a prominent Catholic health system involving a Hard-Scott-Rodino filing and negotiations with the Federal Trade Commission (FTC); and in New York State, the firm persuaded the FTC to drop its challenge to the merger of three acute care systems in Albany. The firm also has two separate practice groups devoted to advising clients on the Center for Medicaid Services’ incentive program for ACOs; and on the federal Electronic Health Record Incentive Program. Fraud and abuse expert Sanford Teplitzky’s ‘expertise and practical application has no equal’, and he is ‘respected by all in the industry’; privacy and technology specialist Jim Wieland has ‘deep expertise in his area’; Julie Kass provides ‘timely, expert advice’; and Craig Holden is an ‘”A+” due to his business acumen, practical approach and knowledge’. All the attorneys referred to work from the firm’s Baltimore office.

An ‘upcoming’ firm with ‘a lot of good lawyers’, Polsinelli Shughart added 11 healthcare attorneys to its Denver office in May 2011, and has seen through a program of regional expansion. The addition of attorneys to other non-traditional healthcare markets such as Phoenix – where Anne Kleindienst joined in March 2011 – has boosted the firm’s nationwide coverage. Chicago remains the firm’s base, and it offers a full service across the spectrum of needs including corporate, reimbursement, regulatory and labour matters. A strong presence in the Midwest, its litigation practice represents Kansas City’s largest hospital system as well as acting on antitrust and fraud and abuse cases. The group includes a long-term care and senior housing practice which focuses on regulatory advice. Matthew Murer chairs the group from Chicago.

With a flagship healthcare office in Boston, Ropes & Gray LLP provides full-service coverage, acting for clients including major health systems, hospitals, academic medical centers, healthcare investors and physician practice groups. A mixed team from Boston and New York defended North Shore Long-Island Jewish Health System in a federal investigation under the False Claims Act, recently securing a District Court decision denying the whistleblower’s petition for statutory attorney fees. Washington DC based Larry Gage is part of another multi-office team advising the non-profit National Association of Children’s Hospitals and Related Institutions and the for-profit Child Health Corporation of America on their proposed merger under a single parent trade association. Anne Ogilby is providing strategic and structural advice to New York University Langone Medical Center on its proposed affiliation with Continuum Health Partners. The firm has a significant practice focused on private equity buyers, and has represented Bain Capital, Citigroup Global Markets and JPMorgan Securities on investments in healthcare companies. New York-based regulatory and enforcement expert Stephen Warnke is very highly regarded.

Arent Fox LLP ‘performs very well on specific areas of deep expertise like medical staff and healthcare provider operations’, and is praised for its ‘very in-depth knowledge’ of Medicaid issues. The firm’s main healthcare practice, in Washington DC, represents Broward Health on regulatory matters ranging from Stark and anti-kick compliance to False Claims act investigations. In New York, Michael Blass has ‘a great grasp of transactional structures as well as the details that support them’; and Connie Raffa is ‘knowledgeable and professional’. Blass is advising Maxim Healthcare Services on regulatory and licensing issues in relation to its nationwide restructuring, and Raffa obtained the successful withdrawal of an investigation into Medicaid billing practices by the Office of the Medicaid Inspector General for a provider client. In Los Angeles, Lowell Brown and Sarah Benator are ‘remarkable in both their substantive expertise and their responsiveness to client needs’.

Dentons is ‘very familiar with the government regulators, which is valuable when negotiating’. Though the firm is firmly based in the capital, its provider clients span the country; it represents hospitals, academic medical centers and health systems in Chicago, Atlanta, Fort Lauderdale and California. Holley Lutz acts as regulatory counsel for several provider clients, and led a team instructed by the Hospital Corporation of America to analyze the impact of the PPACA on its business. The practice is also known for its expertise in the non-profit sector, and particularly in tax exemption. Tom Hyatt is an ‘exceptional attorney’ with ‘deep understanding of the not-for-profit sector’. Senior counsel McCarty Thornton attracts praise as ‘being able to provide the government perspective on compliance’.

Drinker Biddle & Reath LLP has a long history in the provider space, advising clients including small community hospitals, healthcare venture capital funds and large systems across the full range of areas including antitrust, financings, long-term care and Medicare/Medicaid reimbursement. Active primarily on the East Coast, the firm also has prominent healthcare partners in Milwaukee and Chicago, where Douglas Swill chairs the group.

Foley & Lardner LLP’s healthcare attorneys work from offices across the country, with the practice represented in the main hubs of Washington DC, Boston and California as well as in the Midwest and Florida. Clients have included academic medical centers, hospitals, long-term care facilities and public agencies. The firm serves the full range of needs and includes a health information technology and outsourcing practice group which advises providers on issues such as telemedicine and electronic self-referral for physicians. Washington DC-based Don Romano is ‘an expert in Stark law’.

Proskauer Rose LLP has 17 healthcare attorneys spread across four locations. A multi-office team led by Richard Zall, won the complete dismissal of a qui tam action against Beth Israel Medical Center which sought $1.5bn in fines and damages for alleged Medicare fraud. The widely respected Kornreich also led a team which represented the Long Island College Hospital in the sale of substantially all of its assets to the State University of New York. Chicago-based Monte Dube acted for the Colorado Health Foundation on the sale of its 40% equity share in HCA-HealthONE to Hospital Corporation of America.

Seyfarth Shaw is ‘well versed in employment law and has extensive knowledge of the healthcare industry’. A labour and employment powerhouse, the firm is well known for its strength defending providers in wage-and-hour disputes. In 2011 it represented several hospital systems in major class action litigation, including defending 17 actions initiated under the ‘hospitalovertime.com’ campaign. On the corporate side, the firm is handling the $100m financing of a multi-hospital system in California for niche commercial healthcare lender MidCap Financial. In healthcare reform, Houston-based Sheryl Dacso is leading the advice to managed care organization IntegraNet on its application to be part of the Pioneer Accountable Care Organizations program. Chicago-based practice co-chair Joan Casciari ‘not only possesses a high level of employment law knowledge, but exhibits strict ethical standards’. Kerry Friedricks, in the firm’s San Francisco office, is ‘an expert in wage hour law’.

Sheppard, Mullin, Richter & Hampton LLP has ‘deep bench strength’, and its lawyers are ‘experts in class action litigation defense’. In California – where it has an especially strong healthcare presence – the firm has extensive experience acting for providers on changes to regulations such as the California Labour Code and the California Wage Orders. Head of the practice Eric Klein has assisted on several major West Coast transactions, and represented Orange County physician association Memorial Healthcare on its acquisition by OptumHealth Holdings. In health technology, another area in which the practice has significant capabilities, recent work includes the licensing of electronic health records and software for a hospital client; and advising on the structure of a multi-stakeholder, non-profit, joint venture health information exchange. Los Angeles-based employment dispute expert Derek Havel is ‘very practical and listens to clients’ needs’. The group also advises on fraud and abuse, antitrust and reimbursement issues.

DLA Piper LLP strengthened its litigation practice with the addition of Frank Sheeder and Carolyn McNiven to its Dallas and San Francisco offices respectively. In California, a cross-practice team is handling complex ongoing litigation for Prime Healthcare involving the defense of lawsuits seeking recovery of charges; the defense of claims for unfair competition and business practices; and an antitrust lawsuit against a labour union and another provider. Sheeder chairs the enforcement and compliance practice.

Davis Wright Tremaine LLP serves providers from offices in California and Washington DC, and is especially prominent in the Pacific Northwest, with offices in Oregon, Washington and Alaska. The team is assisting several providers on compliance matters, and is representing Valley Hospital Association on the corporate development of Alaska-based Mat-Su Regional Medical Center, involving a syndication to allow partial physician ownership of the hospital and the spin-off of two corporate entities. The practice has a niche team advising on health information technology and related obligations under the Health Insurance Portability and Accountability Act.

Especially strong on the corporate side, Paul Hastings LLP combines ‘competitive rates with high-quality service focused on accomplishing transactional goals while minimizing risk’. The team represented MemorialCare Foundation on its acquisition of assets of Bristol Park Medical Group; and acted for MedExpress Urgent Care Holdings on its acquisition by two private equity buyers. The firm also represented Atlanta-based independent medical examination provider ExamWorks Inc on its $190m IPO on the New York Stock Exchange. Los Angeles-based practice head James Owens is ‘a deal closer’, and ‘has a gift for navigating difficult and sometimes contentious business negotiations among diverse parties’.

Reed Smith LLP is valued for its ‘absolutely outstanding service in all areas, encyclopaedic knowledge and wonderfully practical advice and counsel’. Known for its regulatory and investigation expertise, the firm acted as national regulatory counsel for HCR ManorCare on its $6.1bn sale of 334 skilled nursing and assisted living facilities to a real estate investment trust. The team is currently acting for Life Care Centers of America in a significant Department of Justice investigation focusing on medical necessity as a theory of liability. Carol Loepere, who heads the healthcare group in Washington DC, is ‘unflappable and extremely knowledgeable’, and provides ‘goal-oriented advice’.

Primarily known for its work on fraud and abuse, Winston & Strawn LLP also acted as regulatory counsel on a number of transactions including a $325m notes offering for Gentiva; a $4bn IPO for Hospital Corporation of America Holdings; and a financing for Kindred Healthcare which funded the acquisition of RehabCare Group via a $550m notes offering and a $1.3bn credit facility. Washington DC-based Thomas Mills and Marion Goldberg lead an eight-partner team, and are currently acting for two major providers on investigations into billing fraud. Mills is representing a healthcare industry group in its lawsuit against the Centers for Medicaid and Medicaid Services challenging Stark law regulations.

As the ‘elite among the elite’, Simpson Thacher & Bartlett LLP is frequently instructed on significant high-exposure, high-stakes insurance and reinsurance disputes. It stands out for ‘fantastic business acumen and industry knowledge, street smart and winning litigation advice’. ‘Leader in the Bar’ Mary Kay Vyskocil led the firm’s successful representation of Travelers’ affiliates United States Fidelity and Guaranty Company and St Paul Fire and Marine Insurance Company (collectively USF&G) before the New York Appellate Division, First Department in January 2012. This reinsurance case affirmed the $420m-plus award made in USF&G’s favor in the 2011 summary judgment, and had arisen from USF&G’s 2002 Western Asbestos settlement. The firm also represents insurance clients in related matters such as antitrust or securities cases. It acted for the Fidelity family of title insurance companies and Fidelity National Financial in 15 antitrust putative class actions across 12 states, achieving a dismissal or stay of every claim. Key clients include Travelers, Chartis, Equitas and SCOR. Barry Ostrager is ‘a tremendous trial lawyer, litigator, strategist and tactician’, and Michael Garvey ‘promises to be one of the best litigating partners of his generation’. Andrew Amer and Andrew Frankel are also recommended.

Dentons’s insurance practice has ‘impressive’ breadth of knowledge and solid geographic penetration with members located in New York, Washington DC, Illinois, Missouri and California. The group represents insurers in disputes including complex coverage, bad faith, securities and antitrust cases and class actions, and has also been involved in significant administrative enforcement proceedings, leveraging its insurance regulatory expertise. The group recently represented First American Title Insurance and United General Title Insurance in putative class actions seeking to recover allegedly improper title insurance, with the US Court of Appeals for the Tenth Circuit ruling in the title insurers’ favor. It also achieved a series of victories for longstanding client Travelers including one at the Illinois Appellate Court for the Fifth District to overturn the trial court’s certification of an Illinois class of medical providers. Other clients include PacifiCare, Arrowood and Allstate. Ronald Kent, Reid Ashinoff and Michael Barr are recommended.

Duane Morris LLP’s team is ‘quick to respond to inquiries and is always conscious of the economics of each situation’. This is a comprehensive insurance practice but one that has a notable niche in commercial liability lines. Among recent instructions, this ‘exceptional’ group defended an insurer against a $96m class action claim: the case was dismissed on time-bar grounds, and the decision affirmed on appeal. The case was led by Max Stern, who is ‘exceptional in his field’ and has ‘unsurpassed depth of knowledge’. The team is also acting for American Centennial in Montrose Chemical Corporation pollution coverage litigation in the Los Angeles Superior Court, involving claims exceeding $140m. Other clients include Catlin, Zurich and XL Insurance. Of counsel Thomas Newman is ‘singled out for his acumen’, and Andrew Gordon, Philip Matthews and Richard Seabolt are also recommended.

O’Melveny & Myers LLP’s insurance department has lawyers stretching from New York and Washington DC to Los Angeles and San Francisco, providing clients with a truly national practice. Although the group lost leading name Paul Koepff, who joined Clyde & Co LLP, it continues to house highly respected figures including Richard Goetz and Michael Yoder. Notably, Mark Wood and Allen Burton successfully represented ACE and The Massachusetts Port Authority (Massport) in the US district court for the Southern District of New York to obtain summary judgment dismissing all claims against Massport in the last wrongful death action emanating from the 9/11 attacks. Century Indemnity, Arrowood, CIGNA, XL and Zurich are also clients.

Sidley Austin LLP’s insurance practice is ‘among the best’, and fields ‘a deep bench of very talented lawyers’ and ‘a cohesive network of people’ across its New York, Chicago and Los Angeles offices. Its recognized strengths include reinsurance (‘it is very close to the top if not the top in reinsurance litigation’); coverage cases involving asbestos, environmental and other mass torts (drawing on the firm’s wider expertise in environmental and product liability); and white-collar criminal defense and investigations. It is currently representing Pacific Employers Insurance in an appeal before the Court of Appeals for the Third Circuit in a case that involves questions of interpretation of the limits in a facultative reinsurance contract and late notice. It also recently obtained summary judgment for Jackson National Life in a class action suit, and acted for several Safeco companies in a significant dispute that ultimately reached a favorable settlement. Daniel Neppl, William Sneed, Thomas Cunningham and the ‘extremely knowledgeable’ Susan Stone are highly recommended.

Steptoe & Johnson LLP is ‘well regarded’, and is frequently instructed on high-exposure and complex coverage matters owing to the practice’s ‘depth of experience in both litigation and insurance’. It provides ‘outstanding legal representation’. It is representing clients in multimillion-dollar coverage disputes over pharmaceutical product liability claims, an area of strength for the practice. Harry Lee is leading representation of The United States Fidelity & Guaranty (now Travelers) in an $80m-plus fraud action brought against a number of insurers on behalf of more than 10,000 claimants alleging the insurers misled them with respect to a 1994 asbestos-related global settlement agreement (GSA). Roger Warin, James Rocap and Tom Contois are ‘all first-rate trial lawyers’, whose ‘best asset is their experience in taking large-dollar cases to trial’. Practice head Antonia Ianiello is recognized as one of the ‘best in her field’, and Matthew Gaul is an expert in enforcement actions and government investigations.

Cahill Gordon & Reindel provides ‘unique litigation and advocacy skills’ combining ‘intelligence, financial and insurance industry knowledge and a nose for settlement solutions’. The group is also noted for being ‘preferred counsel for specialized disputes involving Bermuda form or actuarial issues’. It has a burgeoning appellate reputation, and was recently instructed by Global Reinsurance for cross-appeals to the US Court of Appeals for the Third Circuit of decisions by the US District Court for the Eastern District of Pennsylvania in a facultative reinsurance case. It also defended XL Capital in a series of antitrust class actions arising from allegations of price fixing and bid rigging and was successful in obtaining dismissal of all actions against the XL entities in the putative class action. Edward Krugman receives praise for his ‘expertise in diverse areas’ and one client views Thorn Rosenthal as having ‘the foremost knowledge on the Bermuda Form among all lawyers in the US’.

Chaffetz Lindsey LLP’s ‘client-friendly’, boutique structure is praised as being ‘head and shoulders above others’ for client service. The team also shows the ability to ‘understand the complicated issues surrounding reinsurance, but remain watchful lest costs exceed any benefits that might be gained’. In 2011, the practice acted on numerous instructions for high-profile insurers seeking reinsurance coverage, including a number that related to residential mortgage insurance policies. It also acted for Lexington Insurance to win summary judgment in a Massachusetts state court case in which Lexington had sought reinsurance from its reinsurer, Clearwater, in relation to a significant asbestos settlement. The case is currently on appeal. Peter Chaffetz is a recognized and highly regarded name in the industry, and Cecilia (Cia) Moss and Charles Scibetta are also highlighted for their knowledge and client focus. The team was augmented in 2011 by the arrival of three senior associates: Ted De Bonis, formerly of Simpson Thacher & Bartlett LLP; Matthew Draper from WilmerHale; and Jennifer Gorskie from Cleary Gottlieb Steen & Hamilton LLP.

A ‘go-to firm’ for high-value and complex matters, Boston-based Choate, Hall & Stewart ‘operates at the highest levels of the insurance arena, whether it’s reinsurance or on the direct side’. Its ‘stellar advice and counsel’, ‘quality of people from top to bottom’ and ‘very deep bench’ has attracted clients such as The Hartford, Swiss Re, CIGNA and Liberty Mutual. John Nadas and practice co-chair Robert Kole, who are both recommended, are leading the firm’s representation of Travelers in two environmental coverage actions in Rhode Island state and federal courts. The group also obtained a dismissal of claims against Essex Insurance, arising from a mass tort case (the Station Nightclub Fire Litigation), primarily on the notion that an insurer owes no duty of care to the general public. Hugh Scott and practice co-chair David Attisani, who is ‘a seasoned litigator’, are also strongly recommended.

Gibson Dunn’s insurance practice maintains its core strength in healthcare and class action matters. Additionally, it has seen an increase in bad faith cases and Kirk Patrick represented Zurich in a California bad faith insurance action alleging mishandling of workers’ compensation claims. The California action was voluntarily dismissed in favor of resolving the dispute in a Florida federal court action. The team also represented Lexington in a reinsurance dispute before the Ninth Circuit, in which the court affirmed summary judgment for the client. Another highlight saw the group represent Gemini Insurance before the US District Court for the Southern District of California to secure a judgment denying class certification, after which the plaintiffs abandoned the case. The plaintiffs had alleged that Gemini improperly applied litigation expenses to the policy deductible. Richard Doren led both matters. Other clients include CIGNA and Aetna. Former practice chair Gary Justice retired at the end of 2011.

Cozen O’Connor has built a reputation representing insurers such as Chubb, OneBeacon, XL and Swiss Re in complex commercial litigation and coverage matters. The practice has experience in claims ranging from property, general and professional liability to D&O and extra contractual claims. In addition to offices stretching from East to West Coast, the firm also fields a dedicated subrogation and recovery group (headed by Elliot Feldman) that consists of over 100 attorneys handling a prolific number of property damage and first-party losses. Firm founder and chairman Stephen Cozen is a well-regarded figure across the industry. Mark Rabinowitz and global insurance group chair William Patrick Shelley are also recommended.

The ‘excellent’ Foley & Lardner LLP ‘stands out from its competition in the way that it responds to client needs’. It advises on all aspects of insurance and reinsurance in both property and casualty (P&C) and the life and health sectors, with a particularly strong reputation in the Chicago market. Eric Haab led the group’s successful representation of Century Indemnity in its reinsurance dispute with Twin City Fire, which resulted in a favorable settlement for Century. The dispute arose from Twin City’s refusal to indemnify Century for losses accrued by underlying insurance policies. In a matter led by San Francisco-based Eileen Ridley, the group also acted for Clarendon America in a contribution, indemnity, and declaratory relief action against Starnet, which involved the question of an insurer’s duty to defend and/or indemnify. The firm successfully represented Clarendon in the trial, which the California Court of Appeal unanimously affirmed and noted to be a case of first impression in California. The California Supreme Court has granted Starnet’s petition for review and the firm continues to represent Clarendon in the appeal. Gail Goering, Neal Moglin, industry team chair Tom Hrdlick, Brett Ludwig, Gordon Davenport, and Kevin Fitzgerald are all recommended.

Hogan Lovells US LLP’s ‘diverse’ insurance practice is headquartered in Washington DC office, with additional team members in New York, Philadelphia and Miami. Traditionally, the practice’s strengths include representing health insurers and it recently defended UnitedHealth against an action that included claims alleging price fixing, fraud and unjust enrichment. UnitedHealth was granted motion for summary judgment by the Northern District Court of Illinois, which was subsequently affirmed before the Seventh Circuit. The highly regarded Jonathan Constine led representation of Federal Insurance Company in the New York Court of Appeals, where the team won a unanimous decision when the court held that the insurer’s ‘other insurance’ clause relieved it of a duty to share in defense costs incurred by Fieldston Property Owners Association, thereby overturning a prior ruling in Fieldston’s favor. Other clients include Chubb, The Hartford, Travelers and XL. Practice head David Hensler, Laura Besvinick and Pieter Van Tol are recommended, as is Sean Keely, who is ‘building himself a very nice reputation’.

Locke Lord LLP’s Nick DiGiovanni and Steven Schwartz are well known in the reinsurance space and the practice has handled high-stakes reinsurance arbitration and litigation across the US as well as in Bermuda and London. The team is spread across New York, Chicago, Washington DC, San Francisco, Los Angeles and Atlanta. In addition to reinsurance, the practice is also adept in direct coverage matters and represents insurers in bad faith claims, class actions, insolvency and rehabilitation proceedings.

Mayer Brown’s insurance group handles claims management, as well as reinsurance and direct insurance litigation and appeals for insurers, reinsurers, banks and investors. The retirement of the highly respected Clifford Schoenberg, who became an arbitrator, deprived the team of a leading figure but Fred Reinke, who primarily represents insurers in complex litigation and class actions, is recommended along with Brian O’Sullivan, whose broad practice includes rehabilitation and liquidation proceedings.

Troutman Sanders’ core expertise includes coverage arising from mass tort actions, environmental coverage, general liability, reinsurance and bad faith claims. Practice head Rebecca Ross is highly regarded and led the group in its recent success obtaining summary judgment for Columbia Casualty and its affiliates with respect to a bad faith case that had been pending for 11 years and in which plaintiffs claimed damages totaling millions of dollars. Terrence McInnis and David Cutter successfully defended Houston Casualty in Little Lady Foods Inc v Houston Casualty, a case in which Little Lady Foods sought insurance coverage in addition to damages for breach of contact and bad faith. John Gerstein and Gary Dixon are experts in the D&O and professional liability arena.

Headquartered in Washington DC, Crowell & Moring LLP gives ‘invaluable’ advice on ‘large damage risk exposures involved with professional liability, D&O, pharmaceutical and environmental risks’. The practice ‘provides commitment to deliver the highest quality of service measured in timely responsiveness and in finding creative solutions’. Recent highlights include representing Fireman’s Fund and one of its affiliates, American Automobile, in a Chapter 11 bankruptcy case in San Francisco, In re Plant Insulation. It is also advising Everest Reinsurance on reinsurance and coverage issues emanating from New York state court litigation over Midland Insurance’s liquidation. Deirdre Johnson ‘offers personable, intelligent advice with relationship-endeared client service and responsiveness’, and practice co-chair Paul Kalish is recommended for his ‘down-to-earth professionalism and love of the challenge of practicing sophisticated, complex insurance issues’.

Quinn Emanuel Urquhart & Sullivan, LLP’s insurance group fields ‘top-quality litigators’ who are ‘the best in litigation strategy and execution’, and the team is recommended for ‘the highest value/risk litigation’. Clients of the practice include One Beacon, Chartis, Berkshire Hathaway and Allstate. It has also been retained by MBIA in a number of litigations relating to the structured finance market. The team has also represented financial guaranty insurers in bringing fraud and breach of contract actions against various financial institutions in connection with policies covering payments of residential mortgage backed securities (RMBS) and collateralized debt obligations (CDOs). Phillippe Selendy is ‘the premier litigator for the recent financial crisis’; Jane Byrne is ‘extremely bright, tenacious and strategic’; and Michael Carlinsky is ‘intelligent, articulate and passionate’. Maria Ginzburg recently joined the team from Kirkland & Ellis LLP. Kathleen Sullivan is highly rated for appellate work.

Wiley Rein LLP’s group demonstrates ‘outstanding industry knowledge’, ‘unparalleled depth of knowledge regarding D&O coverage issues’ and is recognized by some as ‘one of the top firms in DC dealing with P&C matters’. It acted for CNA in a case addressing the issue of whether the client’s D&O liability policy (with an underlying primary policy) covered fees and costs incurred during an SEC investigation. The US Court of Appeals for the Eleventh Circuit affirmed the trial court’s ruling that such costs were not covered. The group also represented Allied World Assurance in a number of matters establishing that the prior knowledge provision in a lawyer’s liability policy is fully enforceable and applies to the claim at issue. Daniel Standish has ‘superb legal knowledge’, and Laura Foggan is ‘at the top of her field and has one of the best analytical minds’.

The ‘outstanding and first-rate’ Covington & Burling LLP ‘consistently provides excellent service across a wide range of matters’ and obtains ‘phenomenal results’ for clients. Its insurance coverage lawyers are ‘deep strategic thinkers with real-world experience’. Although expensive, clients note that the practice ‘provides good value for money in comparison to the stakes involved’. The practice’s broad scope sees it handle a wide variety of claims for major policyholder clients including eBay, Ernst & Young, ExxonMobil, BP, Health Net, Merck, the NFL, Wal-Mart Stores Inc and Wells Fargo. It recently represented Vulcan Material Company in various matters including an arbitration against an insurer relating to coverage for certain claims in connection with property damage caused by a dry cleaning compound (PCE) that was, at one time, manufactured by Vulcan. The arbitration resulted in a $13.5m recovery for the client. It also successfully acted for Vulcan in two other arbitrations over coverage relating to damage caused to Route 66 allegedly from Vulcan’s mining activities. These matters were led by Donald Brown, who is ‘one of the most talented insurance coverage lawyers’. It also continued to achieve successes for Chiquita Brands International, in insurance coverage claims for underlying tort lawsuits brought under the Alien Tort Statute (ATS). The matter is led by William Skinner, who has ‘excellent insurance knowledge and commands respect’. Saul Goodman has ‘strong management skills and excellent negotiating skills’; Benedict Lenhart and William Greaney are ‘standouts’; and ‘skilled negotiator’ Lawrence Hobel and practice chair Mitchell Dolin are also recommended.

Anderson Kill & Olick, P.C. is commended for its ‘unfettered loyalty to upholding the reputation of policyholders’. It provides ‘an excellent overall level of service’ and is ‘well known in the risk management community as the go-to law firm for high-dollar policyholder litigation’. Although billing rates are high, ‘when you look at the end result it is worth it’. The group’s expertise includes class actions, professional liability, product liability, D&O liability, and environmental and toxic tort liability. Robert Horkovich heads the group and is ‘one of the most knowledgeable in the insurance recovery area’. The team has been retained as insurance counsel to the plaintiff’s steering committee in the Deepwater Horizon multi-district litigation (MDL) pending in the Eastern District of Louisiana in which plaintiffs are seeking billions of dollars in damages arising from the Gulf of Mexico oil spill in 2010. It was also selected by the State of California as lead trial counsel in ongoing litigation in which it has secured coverage for the environmental cleanup of Stringfellow Acid Pits hazardous waste disposal site. To date, the representation has resulted in the recovery of gross settlements exceeding $121m for pre-trial costs and appellate victories. Practice co-chair William Passannante has ‘an ability to take complex issues and boil them down to decision-level points’. Finley Harckham and Dennis Artese are ‘superb lawyers and subject-matter experts’.

‘Top-level provider’ Dickstein Shapiro is ‘one of the leaders in the corporate policyholder claims space’ and has a ‘very deep team’. It acted for Estée Lauder in Estée Lauder Inc v OneBeacon Insurance. New York’s Appellate Division, First Department found in the cosmetic company’s favor, reversing an earlier trial court ruling, and finding that an insurance company by default waives any known policy defenses that it fails to specify in its pre-suit coverage position letter. Proceedings are ongoing to determine the amount of damages recoverable for OneBeacon’s breach of contract. The ‘outstanding’ John Schryber and Jared Zola are leading this matter. Schryber also led the group’s successful defeat of a D&O insurer’s denial of coverage in a case of first impression in Julio & Sons v Travelers Casualty & Surety Company of America. This case was also significant owing to the court’s finding that the inquiry for determining whether an insurer has breached its duty to advance defense costs is no different than the inquiry for determining a duty to defend breach. ‘Superior lawyer’ Kirk Pasich and the ‘first-rate and highly experienced’ Sandra Smith Thayer are leading the firm’s continued representation of San Diego Gas & Electric (SDG&E) in relation to claims arising from the San Diego wildfires. The team has recovered more than $1.5bn to date to cover defense fees and settlement costs without litigation having been filed. John Gibbons, Mark Kolman and David Elkind are recommended for having ‘subject-matter expertise and a business-focused approach’. James Murray ‘knows the insurance industry and how to maximize claims’; John Heintz is ‘among the very best’; and Stephen Dvorkin is ‘also a standout in this area’.

The ‘outstanding’ Kasowitz, Benson, Torres & Friedman LLP is the ‘first point of call’ for many clients and has a fast-growing reputation in policyholder coverage work. The practice fields ‘highly skilled and experienced lawyers that are dedicated and aggressive in pursuing companies’ rights’, and the group is known for ‘great strategy, great tactics and hard-nosed negotiation’. Recent highlights include representing Visa USA in connection with professional liability coverage for losses arising from an indemnification demand from one of Visa’s clients and a putative class action lawsuit. The client settled the class action lawsuit and is now seeking coverage under an E&O policy for costs accrued. The team filed an action in San Francisco’s Superior Court against Visa’s primary carrier, after it refused to pay defense costs or settlement contributions. The firm represented MBIA in a D&O liability insurance coverage suit over losses arising from securities class action derivative claims against MBIA, and defense and other costs in responding to an SEC investigation. After an appeal and cross-appeal, the Second Circuit effectively held that MBIA was fully covered for all costs. Practice chair Robin Cohen shows ‘extraordinary knowledge, exceptional dedication to the task at hand, outstanding ability to understand the practical nuances of the case, and very strong negotiating skills’. Additionally, Keith McKenna has ‘tremendous skills, dedication and experience’, and Kenneth Frenchman and Randy Paar are also recommended.

Proskauer Rose LLP’s coverage practice is praised for its ‘high level of service, excellent response times’, ‘very strong business acumen that facilitates pragmatic advice’ and ‘willingness to take aggressive positions’. In addition to the ‘star partners’, it also has ‘talent through the team’. The practice traditionally has strength in the financial services sector, but also extends well beyond this. It saw recent success in its ongoing representation of Union Carbide Corporation in asbestos coverage litigation pending in New York against over 30 insurance companies for recovery related to asbestos personal injury claims amounting to $2bn. It received a favorable ruling from the New York Court of Appeals that increased the insurance coverage available to Union Carbide. Steven Gilford and Marc Rosenthal, who are ‘both extremely effective’, are the lead lawyers in the Union Carbide representation. It is also acting for Walgreen in a declaratory action in Illinois State Court arising out of Walgreen’s defense and settlement of a class action involving claims alleging Walgreen’s publications of confidential medical information in a database for use in a marketing program. Other clients include Dow Chemical, Cargill, PwC and JPMorgan Chase. John Failla is an ‘expert in his field, calm, and knowledgeable about strategy and every aspect of the insurance industry’. Seth Schafler and Nancy Sher Cohen have ‘good experience and judgement’.

Reed Smith LLP has ‘tremendous industry and business knowledge’, as well as ‘sound, well-considered advice and excellent judgement’. The 70-lawyer group is ‘interchangeable in part so there is the depth of coverage’, and it operates from numerous offices across the US. Clients also benefit from access to teams in Europe, including London and Paris. Recent work for policyholders has included first-party property and bankruptcy matters as well as asbestos-related claims to title insurance and fidelity bond coverage. The group continues to represent Countrywide in various significant litigation against insurers in state and federal courts, as well as several arbitration cases, to seek coverage of several hundred millions of dollars in disputed claims. Carolyn Rosenberg and deputy head of the practice Mark Hersh are recommended, and ‘both know incredibly well the industry and its players’. Also recommended are Matt Schlesinger, who ‘has a depth and breadth of experience and is very sensitive to business needs’; practice head Doug Cameron; David Weiss; and John Shugrue. Keith Meyer joined the Los Angeles office from Howrey LLP in 2011.

Jenner & Block LLP’s ‘well-established’ insurance litigation and counseling practice operates from offices across the US including Chicago, Washington DC, New York and Los Angeles. Chicago-based John Mathias chairs the group, which also includes the well-respected Jerold Oshinsky and the ‘very good’ Lorelie Masters. Oshinsky and Masters represented Tyson Foods in Tyson Foods v Allstate Insurance, in which Tyson sought indemnification and coverage for defense costs arising from underlying claims against Tyson relating to environmental contamination. In August 2011, the Delaware Superior Court granted Tyson’s motion for summary judgment and ordered that the insurer had a duty to defend. It also represented Duke University in resolving a coverage dispute with National Union Fire Insurance and United Educators Insurance relating to litigation arising from the 2006 rape allegations (of which members of Duke’s lacrosse team were exonerated). Coverage relating to data security breaches has also been an increasingly active area for the practice. Other clients include Olin, New Century and Motorola Mobility. Matthew Jacobs is also recommended.

Jones Day’s ‘outstanding’, ‘high caliber’ and ‘truly exceptional’ insurance liability and recovery practice has a longstanding track record, and ‘the level of service is excellent, with timely and well-thought-out responses’ and ‘first-rate advice’. The group represented Adobe Systems in a number of matters including pursuit of defense and indemnification coverage against its E&O insurer, St Paul Travelers, for a potential ten-figure liability to the owners and originators of various fonts used in Adobe software programs. The group won a motion for summary judgment on the insurer’s duty to defend. Other key clients include ABM, Bridgestone, Chrysler Group, Dell and Motorola. Practice co-chair Martin Myers is ‘thoroughly knowledgeable in his field of practice, very strategic in his advice, unfailingly responsive, and brings a great sense of proportion and humor to the work’. Also recommended are the ‘excellent’ Tyrone Childress, Ed Joyce, Peter Laun and practice co-chair Steven Sigalow.

Latham & Watkins LLP’s coverage group handles cases across a number of areas (including product liability, business interruption and professional liability) in state and federal courts and arbitral settings, and it has a particularly strong reputation on the West Coast. Recent notable matters include its representation of Fluor Corporation and its insured subsidiaries in an $80m litigation pending in the Orange County (California) Superior Court, seeking to establish an insurer’s duty to defend. A central issue in this case is the insurer’s ‘corporate succession’ defense, which seeks to void coverage based on the policies’ consent to assignment clauses. The firm then filed a petition for review in the California Supreme Court seeking to overturn the court’s 2003 decision in Henkel v Hartford Accident & Indemnity, which invalidated many assignments of insurance rights in corporate asset transactions. The petition centered on an Insurance Code provision that has never previously been applied in the liability insurance context. In late 2011, the California Supreme Court granted the petition for the review of a lower court’s adverse ruling on this issue. Practice co-chair Brook Roberts is representing Montrose Chemical in various cases including a $20m excess coverage action in Los Angeles County Superior Court to establish Montrose’s right to a defense against claims, centering on whether the policy’s defense provisions extend to administrative claims. Peter Rosen is recommended, particularly ‘with respect to coverage issues arising from major casualty- and construction-related losses’. Practice co-chair Andrew Lundberg and David Barrett are also recommended.

Morgan Lewis ‘provides great value that seems to find the sweet spot between quality defense and cost containment’. The 68-lawyer insurance recovery practice staffs teams in offices across the US. It recently successfully concluded 17 years of litigation (that included coverage trials involving product liability and bankruptcy) representing Fuller-Austin Insulation and then its successor Fuller-Austin Asbestos Settlement Trust, during which period an aggregate of $300m has been recovered. The group also recently represented a number of clients in coverage disputes arising from underlying asbestos liabilities, including Transocean/SantaFe Minerals and PepsiCo. Daniel Chefitz is ‘well rounded and has a great business approach’. ‘Unparalleled litigator’ Michel Horton and ‘ultimate policyholder counsel’ Paul Zevnik are the practice co-chairs.

K&L Gates represents clients across the spectrum of coverage including D&O, product liability, business interruption loss, government investigation and professional liability. Partners in the team are located in offices across the US including Boston, Pittsburgh, Seattle, San Francisco, Washington DC and New York. John Sylvester, Hugh Bangasser, Thomas Birsic and John Rotunno are the key contacts.

Debevoise & Plimpton is credited as being ‘the very best firm – bar none – with respect to knowledge involving insurance M&A and securities work’, and also ‘one of the most business-savvy firms with a deep appreciation of what truly matters to the client’. The practice’s international reach is also an attraction for clients, with a core practice in New York and key industry locations London and Hong Kong. In a US-Asia deal, the group advised AIG during the $2.16bn sale of its 97% interest in Nan Shan Life Insurance to Ruen Chen Investment Holding and Pou Chen Corporation. The group is acting for Bank of America Merrill Lynch as financial advisor to Nationwide Financial in its merger with Harleysville Mutual. The estimated net surplus of this merged entity is in excess of $13.5bn and over $16bn in annual direct written premiums. Nicholas Potter, who has ‘an outstanding knowledge of the insurance industry’, is leading the matter. Seeing an increase in instructions from the healthcare sector, the group is also advising CIGNA in regulatory and tax matters relating to its $3.8bn acquisition of HealthSpring. John Vasily is highly rated as a corporate legal advisor in the field of insurance, and Thomas Kelly is also recommended. The much-respected Wolcott Dunham stepped down from the partnership in 2011 but remains of counsel, while the team was expanded by adding Ethan James from Davis Polk & Wardwell LLP and Eric Dinallo, who was formerly the superintendent of New York state insurance department.

Sullivan & Cromwell LLP’s persistent ‘excellent performance’ is recognized by clients and peers, and often ‘exceeds others in respect to response time, quality of output and business knowledge’. It also provides ‘strong depth of professional talent’ and lawyers with ‘extensive knowledge of the insurance industry and the market’. It has expertise in the health insurance sector, where it is representing Medco Health Solutions in its pending $29.1bn acquisition by Express Scripts and also recently acted for Pacific Life in its acquisition of the life retrocession business of Manulife Financial. On the capital markets front, it advised AIG on a number of securities offerings as part of AIG’s capital restructuring. Stephen Kotran is ‘one of the best M&A lawyers, especially in public M&A. He really understands issues and fights hard for his clients’. Robert DeLaMater is ‘a solid securities lawyer, extremely intelligent and thoughtful’, and global practice co-ordinator Andrew Rowen is ‘an outstanding attorney in the insurance practice’. 2011 saw the departure of special counsel Daniel Rabinowitz, who joined Chadbourne & Parke LLP as a partner, and the arrival of special counsel Cheryl Bunevich, formerly of Clifford Chance.

Sidley Austin LLP is a ‘go-to’ firm for many clients in this industry, and marries ‘high quality with a deep and skilled team’. Recognized in the catastrophe (cat) bond market, it acted for French bank Natixis in a cat bond transaction designed to protect a corporate sponsor. Pylon II (which covers EDF) was the first corporate cat bond since 2007. The transaction was issued through an Irish SPV and secured €150m of European windstorm coverage on a per-occurrence basis. On the structured finance side, the team represented Lincoln National and Deutsche Bank in a $555m Regulation A-XXX redundant insurance reserve financing. The team also advised Nomura, UBS and Credit Suisse on similar transactions. Recent acquisition work includes having acted for Athene Holding in its $628m acquisition of Liberty Life from Royal Bank of Canada and also in Athene Holding’s acquisition of all outstanding issued stock of life insurer Investor Insurance. Insurance practice co-chair Jeff Liebmann has ‘unparalleled experience and insight in complex insurance transactions’, and Michael Madigan is ‘one of the pioneers in insurance-linked securities’. Jonathan Freedman and practice co-chairs Michael Goldman and Perry Shwachman are highly recommended. Nancy Corbett recently relocated to the London office.

The ‘spectacular’ Skadden, Arps, Slate, Meagher & Flom LLP is called upon for ‘really high end, complex insurance related transactional work’. Peers recognize the firm’s ‘very sophisticated M&A practice’ in particular, which ‘has drawn some big players in the industry’. Clients include insurance and reinsurance companies, private equity firms and underwriters (in capital-raising transactions), and work spans sectors including life and property and casualty. The group acted for Bank of America Merrill Lynch as financial advisor to Scottish Re Group in relation to unwinding the Orkney Block of reinsurance from Orkney Re to Hannover Life Reassurance. Other clients include SCOR NV, Selective Insurance, QBE and Wells Fargo Insurance. The highly recommended Robert Sullivan represented CIGNA in the sale of its workers’ compensation and personal accident reinsurance business to Fitzwilliam Insurance, which is an Enstar subsidiary. Todd Freed, whose practice predominantly focuses on M&A and corporate finance, is also recommended.

Clients of Dentons’s insurance regulatory and transactional practice ‘appreciate the commonsense and logical approach it uses’, as well as its ‘deep relationship with regulators’. Its US practice spans both coasts and is underpinned by colleagues in offices internationally, including London. Regulatory work remains the core of the practice although its transactional workload is growing. The group recently acted for a client in relation to insolvency insurance matters, which included negotiating and settling claims against guaranty associations, and reducing the client’s exposure from $50m to $5m. It also acted on several international transactions that included the formation of reinsurance sidecars for a US-based client. Clients of the practice include Prudential, Fireman’s Fund, AIG, Transamerica and AEGON. Practice chair Kara Baysinger is highly recommended. Sadly, Gary Hernandez passed away in 2011.

Mayer Brown’s non-contentious insurance practice handles matters arising in a number of areas including corporate finance and M&A, life insurance and reinsurance transactions, insurance tax, regulatory and compliance, as well as reinsurance run-offs and insolvency. Key clients include CNA, Munich Re, Deutsche Bank, and Travelers. Edward Best, David Alberts, Lawrence Hamilton and practice head Kenneth Pierce are recommended.

Stroock & Stroock & Lavan LLP’s insurance industry group operates in three departments – transactional, regulatory and litigation – with a high level of co-operation between these areas. It represented Nomura Reinsurance in a reinsurance agreement with Phoenix Life. It also acted for Crédit Agricole in a collateralized letter of credit facility for reserves (XXX and A-XXX) of Metropolitan Life and FirstMetLife Investors Insurance in what amounted to a $350m transaction. Other representative matters included acting as transaction counsel in a $250m cat bond offering, and advising on the restructuring and run-off plan for an insurance business with reserves exceeding $5bn. The group is especially strong on the regulatory front and is currently advising a client in a regulatory investigation of independent procurement practices and compliance with excess and surplus lines placement rules; and another client in connection with a governmental investigation in the life insurance space. Clients include MBIA, Arch Insurance, Financial Guaranty and CNA Financial. William Latza and Bernhardt Nadell are recommended.

Davis Polk & Wardwell LLP’s insurance practice took a blow when Ethan James joined Debevoise & Plimpton in 2011. However, clients note the practice ‘knows the business very well’ and ‘has plenty of experience’ as well as the ability to leverage industry experience from colleagues in the firm’s corporate departments with a proven track record, particularly in capital raising and derivatives. It regularly acts as designated underwriter’s counsel on offerings: for example, it represented Morgan Stanley, Deutsche Bank and JPMorgan Securities as joint bookrunners on AEGON’s common stock offering. M&A partners Phillip Mills and Michael Davis are advising CIGNA on its $3.8bn acquisition of HealthSpring. The firm has no insurance regulatory practice, but has been advising clients such as AXA SA and Assured Guaranty on the implications of the Dodd-Frank Act. Richard Sandler is recommended.

Foley & Lardner LLP provides an ‘excellent level of service’ and is commended for its ‘combination of insurance and financial industry expertise, and understanding of the regulatory perspective’. There is also an increasing cohesion between the work of the insurance industry group and the healthcare practice. Kevin Fitzgerald has ‘the ability to navigate through difficult negotiations’, and is leading representation of the Wisconsin Office of the Commissioner of Insurance as domestic regulator of Ambac Assurance Corporation (AAC) in a matter stemming from the Chapter 11 reorganization of AAC’s parent company Ambac Financial Group. It also represented Underwriters at Lloyd’s, London, in connection with its application for approval as an eligible reinsurer in Florida, which was approved by Consent Order in late 2011. Other clients include Clarendon, Hannover Re and BUPA. Insurance industry group chair Tom Hrdlick is ‘responsive, knowledgeable and understanding of clients’ needs and requirements’.

Clifford Chance is increasingly visible in the market. It has ‘good response times’ and a ‘strong team’, comprising lawyers ‘who are very bright and also have a good understanding of the range of issues presented’. The insurance transactional practice is headquartered in New York. In the longevity-mortality swap space, it recently represented Deutsche Bank AG in its hedge of substantial mortality risks of a European pension plan through a transformer structure that involved a back-to-back swap and transfer of risk from a swap/derivatives risk to an insurance risk. Other clients include Security Mutual and Swiss Life. Paul Meyer is recognized for his ‘deep industry knowledge, pragmatic advice and business acumen’. Nicholas Williams is also recommended.

Simpson Thacher & Bartlett LLP has developed strength in corporate transactions to ally to its leading reputation in insurance disputes. The non-contentious insurance practice handles capital raising and M&A, and is frequently instructed as designated underwriters’ counsel. Andrew Keller and senior counsel Steven DeLott represented Goldman Sachs as the sole underwriter of the $2bn public offering of debt securities in Berkshire Hathaway. The team has been busy with instructions from core client CNA and acted for it in connection with its definitive merger agreement, pursuant to which a subsidiary of CNA Financial will commence a tender offer to acquire all of the outstanding common stock of CNA Surety Corporation. Other clients include insurers such as Travelers and AXIS, along with private equity companies that have stakes in the insurance industry, including KKR and Blackstone. Gary Horowitz is recommended for transactional work, and Lee Meyerson is ‘outstanding in capital markets work’.