The Legal 500

Recently, it has been a busy period for energy litigation, with firms such as Kirkland & Ellis LLP, Covington & Burling LLP and King & Spalding LLP involved in various litigation arising out of the April 2010 Deepwater Horizon drilling rig explosion and the resulting oil spill in the Gulf of Mexico. This matter has involved environmental aspects and many law firms such as Bingham McCutchen LLP, ranked for environment, have also been involved. Many firms have a fully integrated approach to handle issues which bridge energy and environmental matters, and firms recognise that environmental issues are at the forefront of energy company concerns. The Trans Alaska Pipeline Project System (TAPS), which involves transactional, regulatory and litigation issues, is a notable example that involves firms prominent in both arenas.

On the transactional side, after little merger activity, many firms have been instructed by energy companies looking for ways to increase their reserves, acquire oil and gas fields and invest in new technology. Latham & Watkins LLP advised Goldman Sachs on its merger between Allegheny Energy and FirstEnergy, Skadden, Arps, Slate, Meagher & Flom LLP advised RRI Energy in its merger with Mirant, and Baker Botts L.L.P. advised Schlumberger on its merger with Smith International, to name a few. Another key trend includes companies acquiring smaller companies, such as the merger that saw Halliburton snap up Boots & Coots.

Texas-based firms are prominent in the traditional upstream oil and gas space, but several firms have built on that grounding, such as Sidley Austin LLP, which has expanded its offering and represents various clients in the electric utility space as well as in other industries. Meanwhile, firms on the East Coast naturally have a greater propensity for work before The Federal Energy Regulatory Commission (FERC) and other regulators such as the Department of Energy (DOE), North American Electric Reliability Corporation (NERC) and the Nuclear Regulatory Commission (NRC). The energy ranking covers oil and gas, LNG, nuclear, and alternative and renewable energy sources (among them wind, hydro and solar power).

With its strict regulations, California is one of the most active states for environmental regulatory matters, with firms such as Bingham McCutchen LLP, Latham & Watkins LLP, Gibson Dunn and Morrison & Foerster LLP advising on matters from California Environmental Quality Act (CEQA) to Proposition 65.

The environment ranking covers cleantech, Clean Air Act matters, climate change, groundwater, toxic chemical, radioactivity, public nuisance matters and endangered species issues. Firms recommended for litigation have the capability to operate at a high level in courtroom litigation and arbitration across most energy or environment sectors respectively, or are outstanding in one or several areas. Equally, for the transactional and regulatory rankings, firms are noted for relevant M&A, capital markets transactions, licenses and royalties, compliance and issues with the regulatory bodies, among others.

The healthcare and life sciences section addresses coverage of law firms with contentious and/or non-contentious practices in the healthcare and life sciences space. The former is defined as representing healthcare service provider organizations (and healthcare centers of one type or another), healthcare professionals and also health insurers – firms are ranked for this type of work in the healthcare table accompanying this text. The write-up also covers representation of life sciences and medical equipment manufacturers and distributors, as well as pharmacies, and venture capital and private equity investors, with relevant firms ranked in the accompanying life sciences table. Firms with a substantial body of work across the entire industry may appear in both tables with coverage of their capabilities detailed in the text to follow. Text entries for firms occur in sequence by tier, with firms appearing in the higher of two places if they appear in both tables.

Given the extensive scope of the coverage the rankings includes many types of practice, from full-service firms serving every type of client to excellent boutiques focused on providing the highest caliber of service in one or two specialized areas of law. Coverage includes M&A and licensing, litigation, investigations, labor and employment services, and regulatory advice. Because certain legal disciplines are covered and assessed in more detail in dedicated sections elsewhere in the book, they are not assessed as part of the coverage here (but are mentioned in summary where pertinent to highlight adjunctive strengths). Specifically, IP is covered in the intellectual property chapter, while product liability and mass tort law is given detailed examination in the litigation chapter. Recommended lawyers are based in Washington DC unless noted otherwise.

Firms in the insurance market have had to stay abreast of the changing political and legal landscape in the sector, particularly the increased pressure that is being placed on state regulators. 2010 saw the introduction of the Patient Protection and Affordable Care Act (ACA). This has led not only to constitutional challenges pending in the Supreme Court and Republican efforts in Congress to repeal certain provisions, but also to uncertainty as to its implications and greater ramifications. In its current form, the ACA establishes federal standards relating to the regulation of health insurance, and delegates enforcement authority of such standards to state regulators. Another significant piece of legislation is the Dodd-Frank Wall Street Reform and Consumer Protection Act, which created the Federal Insurance Office (FIO) with the aim of rectifying a lack of insurance expertise at federal level, and potentially brings insurance companies as well as other financial entities under scrutiny if certain activities are found to present systemic risk.

Many of these regulations come in the wake of the incremental convergence of the banking, financial and insurance industry sectors. This convergence also brings opportunities for law traditionally strong in capital markets and financial services to represent participants in the insurance space.

Baker Botts L.L.P.’s ‘very knowledgeable’ team is ‘very good at developing strategies’. The firm is a ‘prominent player for litigation and arbitration in the US and has excellent overseas capabilities’. The energy practice is centered in Houston, and attracts numerous clients in the oil and gas sector, although it also handles a substantial amount of electricity and renewable matters as well. The group is underpinned by the firm’s international dispute resolution, appellate, white-collar, securities litigation and environmental practices. The firm is currently defending BP in connection with two lawsuits brought by the attorney general of Texas relating to alleged air emission events at BP’s Texas City Refinery. In these cases, the state is seeking penalties of over $100m and injunctive relief based on alleged air permit exceedances starting with the 2005 isomerization plant tragedy and continuing through to the present day. The firm successfully represented Shell Oil in the high-profile case Shell Oil v Mac’s Shell Services, regarding the contract renewal process of the Petroleum Marketing Practices Act. Highlights also included representing Navajo Refining, a unit of Holly, and ExxonMobil, BP and Western Refining Company in complaint and related proceedings before the Federal Energy Regulatory Commission (FERC) and the US Courts of Appeals. The matter involved challenging the pipeline rates of SFPP for the transportation of refined petroleum products from El Paso, Texas and Los Angeles, California to Tucson and Phoenix, Arizona. This resulted in a settlement for the clients that required SFPP to pay over $200m in reparations and refunds to shippers. The team is also representing a subsidiary of a US oil and gas company in a multimillion-dollar arbitration against a Norwegian crude oil transportation company, in which the claims arose from purchase and sale agreement for a floating production storage and offloading vessel operating off the coast of an African state; the case is ongoing and a final hearing for quantum remains to be scheduled. Clients also include CenterPoint Energy, EOG, Halliburton, Iberdrola Renewables and NRG Energy. Houston-based Mark Robeck and Mark Glasser lead the team. Washington DC-based Tom Eastment, who is well known for oil pipeline work, and Houston-based Jennifer Smith and Greg Copeland are also recommended.

The ‘phenomenal’ team at Skadden, Arps, Slate, Meagher & Flom LLP is ‘significantly strong’ and has ‘weight in energy and related strengths in the legal aspects of engineering, procurement, and construction for such projects’. In addition, the firm’s related practices – notably environment, securities and white-collar crime litigation, and energy M&A, finance and infrastructure projects – add depth to the overall offering. Clients say that the firm is ‘as powerful as it gets’. The group handles a broad range of energy litigation, including FERC trials and appeals, court litigation at the trial and appellate stages, arbitrations, investigations and enforcement. The firm impresses in the electricity sector, as well as the oil and gas industry. In electricity matters, the firm represented RRI Energy in a shareholder class action litigation asserting breach and aiding and abetting breach of fiduciary duties. The firm also represented four electric utilities in non-public reliability enforcement investigations by the FERC Staff into alleged violations of Natural Environment Research Council (NERC) standards. In addition, it is representing a large electric company in trial before FERC administrative law judge into alleged tariff violations with respect to certain power sales. On the oil and gas side, it represented Anadarko Petroleum in shareholder derivative litigation arising out of the explosion of the Deepwater Horizon drilling rig in the Gulf of Mexico. It also represented Energy Transfer Partners regarding allegations by FERC that the client unlawfully manipulated natural gas prices at Houston Ship Channel. The case was contested, with FERC Trial Staff seeking over $200m. The case settled on the eve of trial for a civil penalty of only $5m and $25m placed in a fund, which was used to settle collateral litigation. Washington DC-based Clifford Naeve leads the team. Washington DC-based John Estes, who focuses on complex FERC litigation, trial lawyer John Moot in Washington DC and Houston-based Noelle Reed, who has experience representing clients in both business and criminal litigation, are recommended for their ‘tremendous experience and judgment’. Charles Schwartz heads the litigation practice in Houston and is highly regarded

With its origins in Texas, Fulbright & Jaworski LLP has great expertise in all aspects of contentious and non-contentious oil and gas work. Clients say that the firm is ‘practical and experienced’ and has a ‘fully developed global team’. Notably, the firm is representing Shell Oil in the US District Court for the Eastern District of Texas regarding allegedly underpaying royalties on natural gas and natural gas liquids paid to the US Minerals Management Service for nation-wide production on federal and Indian lands from 1986 through 2005. In addition to its presence in oil and gas, the group is active in the LNF and alternative energy space, and although historically the firm is less known in the electricity arena, it has been more involved in recent years. The firm defended Utility Choice Electric, a retail electric provider in Texas against Calpine, which was its wholesale supplier, regarding Calpine’s termination of its EEI supply agreement and various other agreements with the client based on alleged breaches by Utility Choice Electric. Calpine claimed that Utility Choice Electric owed it a termination payment of approximately $20m. After Calpine filed for bankruptcy in New York, it brought an adversary proceeding against Utility Choice to recover that amount. Utility Choice Electric counterclaimed and defended the case on various grounds; the parties reached a settlement that did not require Utility Choice Electric to pay monies to Calpine. Clients also include various subsidiaries and affiliates of Duke Energy and Shell Oil, as well as Brigham Oil & Gas, Sabco Oil & Gas, EOG, Vantage Drilling and Cabot Oil & Gas. Daniel McClure, who is ‘among the best’ and William Wood, who is ‘excellent’, co-chair the team from Houston, which includes Gerard Pecht and Richard Wilson. Denver-based Osborne Dykes and Poe Leggette, and Los Angeles-based Joshua Lichtman are also highly regarded.

The ‘excellent’ team at King & Spalding LLP provides ‘a high level of service’ and ‘compares favorably in this area on costs, soundness of advice, courtroom presence and case management’. It is a major player in the oil and gas arena, and although the practice is well known for its weight in Texas, the group’s lawyers are active in offices from coast to coast. The firm’s expertise extends to regulatory permitting and disputes, antitrust, environmental, and oil field and mass tort litigation. It also has an international arbitration practice that often handles energy-related matters. The firm is currently lead counsel on behalf of Chevron in litigation and regulatory matters involving the Gulf of Mexico Deepwater Horizon oil spill. Other highlights included achieving a complete defense verdict for Shell Oil after a four-month trial in California in a drinking water contamination case, in which the City of Redlands sued Shell, seeking compensatory and punitive damages relating to contamination of groundwater. Recommended litigator Robert Meadows is ‘one of the best trial lawyers in the country’. Reagan Simpson ‘cannot be matched for appellate law’. Penn Huston is ‘attentive, results oriented, knowledgeable and dedicated’. Washington DC-based Neil Levy is also recommended.

Kirkland & Ellis LLP brings its reputation as a courtroom powerhouse to the energy litigation space. The firm has handled a series of high-profile cases concerning construction issues involving equipment suppliers, architects, construction managers and special litigation committees. It has also handled major contract litigation for independent generators and for partners in gas storage projects, and has represented numerous fuel suppliers in disputes with electric utilities. The firm provides an ‘exceptionally high level of service, which is expensive but efficient and strategic’. It extensively represents BP and its subsidiaries, and most notable is its recent representation of BP in the various litigation matters arising out of the April 2010 Deepwater Horizon drilling rig explosion and the resulting oil spill in the Gulf of Mexico. The team is handling nearly 400 individual and class action lawsuits that have been filed, as well as the Marine Board of Investigation. The firm was also engaged by ConocoPhillips just two months before a scheduled trial in Cameron Parish, Louisiana regarding alleged environmental contamination stemming from the operation of a gas processing facility on the Louisiana coast; the case was settled on the eve of trial. Clients also include Growth Energy, ExxonMobil and YPF and Repsol. The team is spread across its Washington DC and Chicago offices and includes Richard Godfrey, Andrew Langan, James Draughn and Michael Jones.

Sidley Austin LLP’s ‘experienced and knowledgeable’ group is ‘great value for money’ and it is ‘one of the leaders in the energy field’. The firm has a long-standing reputation for representing clients in the oil and gas industries and is also known in the electric utility space. It has experience in electric utility rate litigation at FERC, including numerous trials at FERC on transmission rate matters. The team represents longstanding client Exelon and its subsidiary ComEd on FERC transmission issues and related rate matters. This has included ongoing representation with respect to ComEd’s formula transmission rate, and FERC applications for incentive rates for new transmission facilities being added to the ComEd system. Recently, it represented ComEd in various interconnection disputes, and in FERC contractual disputes against the Midwest ISO and several dozen transmission owners in the Midwest ISO relating to $30m in transmission credits owed to ComEd by the Midwest ISO. The firm has also continued its work for the Alaska Pipeline Project, a joint undertaking of ExxonMobil and TransCanada, to design, construct and operate a 1,700 mile pipeline to bring natural gas from Alaska’s North Slope to North American markets, in which the firm is providing a broad range of advice including commercial, regulatory, environmental and litigation. Washington DC-based global practice coordinator Eugene Elrod is ‘hard working and able to manage a complex docket with a number of moving parts’. William Williams is ‘practical, imaginative and thorough’ and clients also say that he ‘brings a great sense of humour to the file’. Yabo Lin recently joined the group in Palo Alto, California, and brings corporate, acquisition, securities, joint venture and compliance expertise with him.

Steptoe & Johnson LLP’s ‘outstanding’ practice is ‘high quality, always timely and provides a good service’. The group represents a variety of clients in the oil and gas, renewable energy and electricity and LNG sectors, but is best known for its work in the oil space and especially in relation to pipeline matters. It is acting for ConocoPhillips in several Trans Alaska Pipeline System (TAPS)-related matters. At FERC, it was instrumental in crafting a favorable settlement of the TAPS carriers’ 2008 rates, which the Commission approved in April 2010. It also represented Enbridge on its successful effort to procure a Presidential Permit from the State Department to construct a major new crude oil pipeline, known as the Alberta Clipper Pipeline, between the oil sands projects in Alberta, Canada and Superior, Wisconsin. The firm is also currently representing Enbridge Energy in connection with various federal regulatory investigations relating to an oil spill near Marshall, Michigan in July 2010. Clients also include Duke Energy, Northeast Utilities, Orange & Rockland Utilities, Westar Energy and PacifiCorp. Steve Brose, Steve Reed and Daniel Poynor are experienced pipeline lawyers, and are ‘truly excellent problem solvers, with exceptional industry knowledge’. Doug Green, Richard Roberts and David Raskin are also highly regarded.

Vinson & Elkins L.L.P. is ‘a leader in the energy field’ and is ‘truly excellent’. The Houston-based practice is especially known for oil and gas work, in which clients say it is ‘unbeatable’; the firm has ‘key trial lawyers’ in this space. Clients also include exploration and production companies, pipelines, producers, fossil, nuclear, and cogeneration power plant operators, clean-energy providers, state-owned energy companies and major financial players in the energy industry. The firm successfully defended Regency Energy Partners, following a two-week trial, in which Keyes Helium sought between $13m and $32m in damages regarding the shutdown of Regency’s gas processing plant in Kansas. The plaintiff alleged that Regency shut down its plant in an attempt to avoid its contract to supply Keyes with crude helium. Clients also include Duke Energy, Kinder Morgan CO2 Company, Pioneer Natural Resources USA, Plains All American Pipeline and Shell Oil. James Thompson heads the group and has ‘excellent knowledge, is efficient and knows the oil and gas business well’. Mark Rodriguez is ‘intelligent and understands businesses’. Guy Lipe is involved in some of the biggest energy cases and is ‘remarkable’. Associate Matthew Stammel is ‘tough when he needs to be and conciliatory when he needs to be. He puts the client’s interest first and puts his own ego aside’. Karl Stern is also highly recommended.

Bracewell & Giuliani LLP is an energy-focused firm and is heavily orientated towards the oil and gas space, as well as LNG. The energy group benefits strategically from the firm’s locations in London, Dubai and Almaty, Kazakhstan, in addition to its Washington DC and Texas offices. It is currently representing Pride Offshore, now known as Seahawk Drilling, in connection with claims from the loss of a 250 foot platform rig performing drilling services in the Gulf of Mexico, which was destroyed during the time of Hurricane Ike in 2008. The team is defending Belyea Company against Duke Energy over the sale of by Belyea to Duke of an 80MW coal-powered cogeneration power plant located in North Carolina that was to be disassembled and moved to Guatemala; despite extensive due diligence, Duke claims the client and others defrauded it, and those defendants conspired with certain Duke insiders to inflate the purchase price. The group’s clients also include Apache, El Paso, Opal Resources, Pride International and RRI Energy. Glenn Ballard heads the firm’s litigation practice. Paul Fox, Deanna King, Clifford Gunter, Shelby Kelley and Sandra Rizzo are also highly regarded.

Clients state that Covington & Burling LLP’s Washington DC-based practice is particularly strong on energy matters involving the government, and in this regard the team is ‘excellent’. It was recently bolstered by the arrival of Allison Lurton, who was senior counsel at the US Commodity Futures Trading Commission and previously handled a range of matters involving the energy industry including regulatory and enforcement work. The firm is currently advising BP and its affiliates in insurance coverage litigation arising from the Deepwater Horizon incident and Gulf of Mexico oil spill. It advises Southern Montana in connection with FERC issues arising from a range of significant disputes with NorthWestern Energy on interconnection and transmission issues. The firm also defended the PSEG Power Companies in a complaint filed at FERC by Morris Energy alleging affiliate abuse, misrepresentations to the commission, and market manipulation with respect to certain electricity and natural gas practices and activities in wholesale energy markets going back as far as 1996. Clients also include ExxonMobil, Sempra, American Petroleum Institute, Delta, Energy Transfer Partners and Tidewater. William Massey, Andrew Jack and Bill Collins lead the team. Steve Rosenbaum is a key litigator and Oscar Garibaldi is highly regarded for arbitration.

Dickstein Shapiro’s clients include competitive power producers, integrated utilities, financial institutions, energy marketers, trade groups, natural gas pipelines and storage providers, LNG developers, energy consumers, and governmental entities. In addition, it has strong investigation, compliance and administrative capabilities that complement its courtroom expertise. The firm is ‘highly recommended for its industry knowledge’, and represented NorthWestern before the Montana Sixteenth Judicial District Court, Rosebud County in litigation and subsequent arbitration proceeding before a three member panel of arbitrators. The matters involved an assertion by Colstrip that QF rates set by the Montana Public Service Commission (MPSC) were in violation of prior MPSC orders, or alternatively, that the rates were set in breach of a power purchase agreement between NorthWestern and Coalstrip Energy. Key clients also include Duke Energy and Vestas Wind Technology. Washington DC-based Larry Eisenstat heads the team, which includes Joel Kleinman and Michael Engleman.

The ‘outstanding’ Texas-based litigation boutique Gibbs & Bruns LLP is ‘high quality, responsive and one of the best litigation firms’. Clients say that the firm ‘can be more expensive than other Houston firms, but will be somewhat flexible on alternative fee arrangements’, and that it is ‘better used for high stakes litigation’. The firm has a strong following among oil and gas clients. It represented Pioneer Natural Resources in an insurance dispute with certain underwriters at Lloyds of London and Zurich American Insurance, which Pioneer alleged did not fulfil their contractual obligations to compensate the client for an oil platform which was destroyed by Hurricane Rita in September 2005. The case involved damages of over $150m and was settled favorably for the client. Founding partner Robin Gibbs, Barrett Reasoner, Jeffrey Kubin and Sam Cruse are ‘all top flight litigators’. Grant Harvey is ‘dedicated and client orientated’.

The team at Hogan Lovells US LLP is ‘well versed in industry issues’. It houses a leading nuclear power practice, and is active in gas pipeline, storage and transmission matters and is increasing its work in the nuclear power space. The firm successfully represented North Baja regarding South Coast Air Quality Management District’s petition for appellate review of FERC’s orders authorizing the client’s project, which involved a major expansion and reversal of flow of its natural gas pipeline, in order to facilitate regasified LNG. It also recently advised Cleco in efforts to settle federal court litigation, including related matters with entities that are not party to the litigation, resulting in a settlement and regulatory approvals of the commercial arrangements. The complaint was broadly directed to all aspects of the commercial relationships between the parties and alleges fraud, breach of contract, restraint of trade, and negligence, with significant potential damages and with equally significant political and policy implications. Other clients include AEP Energy Services, Apache, American Electric Power Company, Murphy Oil and Central Valley Gas Storage. Kevin Lipson heads the team in Washington DC. Houston-based Tom Bayko and Gib Walton ‘manage cases effectively with a minimum of oversight’.

Morgan Lewis has a ‘creative’ team of lawyers from coast to coast, and advises clients across the energy spectrum including pipelines, oil and gas producers and transmission providers. The firm is also recommended for its work in the nuclear space, in which it advises clients such as Southern California Edison. Clients state that ‘the nuclear team is one of the best in the country’ and that it is ‘timely and effective’. The team has capability to litigate high stakes courtroom matters, including arbitration and administrative disputes. It has represented Shell in multiple high-profile contamination suits involving more than 800 plaintiffs claiming petroleum contamination of a residential area near Los Angeles. Other highlights included representing Weatherford in a patent infringement action involving technology relating to the drilling of oil and gas wells in the US District Court for the Southern District of Texas, which was settled favorably. Brad Fagg and David Schrader co-head the team from Washington DC and Los Angeles respectively.

Morrison & Foerster LLP’s energy team is split between Washington DC and California and ‘performs excellently’. It advises clients on a range of energy issues including nuclear, pipelines, LNG and renewable energy including wind, biomass and on California’s solar initiative. Highlights included representing the State of Alaska in all of its oil pipeline matters before FERC. Notably, it is litigating the level of rates that the TAPS charges shippers of oil; the firm is currently defending a previous victory, which produced lower rates and shipper refunds, on appeal. Clients also include Verizon Wireless and Constellation NewEnergy. Washington DC-based Robert Loeffler, Walnut Creek-based Peter Hanschen and Gordon Erspamer in San Francisco lead the team. Washington DC-based of counsel Blake Nelson has FERC experience including litigation involving rate design and other regulatory issues, and is particularly knowledgeable in the nuclear energy space.

Thompson & Knight LLP’s Houston-based energy practice focuses on a mix of Texas court cases and international arbitrations in the oil and gas arena, and is often involved in drilling, leasing and royalties issues. The ‘capable’ practice ‘performs at the highest level, especially in its expertise, efficiency and sensitivity to the budget’. Clients add that it the group is ‘overall good value for the dollar’ and ‘will not disappoint’. It represented Boots & Coots in its merger transaction with Halliburton, and is currently representing the client in the associated shareholder class action lawsuits and Delaware Chancery court suits. The petitions associated with the class actions seek an injunction prohibiting consummation of the merger, and in one instance, rescission or damages in the event the merger is consummated; these cases are currently pending. Greg Curry leads the team, with Andrew Derman ‘one of a kind’, and Becky Jolin ‘always superb’.

Clients commend Winston & Strawn LLP’s lawyers as ‘very knowledgeable from the associates on up’ and that the work is ‘consistently excellent and the team responds quickly’. While the firm is not inexpensive, it ‘does good job of delegating appropriate tasks to lower-level staff to reduce expenses’. The firm is especially active in the electric and nuclear space. It successfully represented a commercial nuclear utility in the resolution of a $400m default termination dispute related to a $1.2bn nuclear plant decommissioning project, which included state court litigation, a FERC rate case and strategic advice on project completion. It also successfully defended USGen New England after it entered bankruptcy and elected to terminate a natural gas transportation contract with TransCanada Pipelines, which it alleged that it was owed more than $50m in damages for breach of the contract. Clients also include Allegheny Energy Supply Company, NiSource and Entergy. Los Angeles-based Jerry Bloom heads the team. Washington DC-based Gordon Coffee ‘handles complex matters and investigations excellently’ and is ‘smart, knowledgeable about procedures, writes well and is quick on his feet’.

Latham & Watkins LLP’s ‘first-rate’ energy practice is historically known for its prolific transactional capabilities, and clients say that advice is ‘highly recommended, and the group is a market leader for all energy transactional-based work’. However, it has also been involved in some important regulatory matters in recent times, and handles all non-contentious matters ‘with ease’ with a ‘very solid knowledge base’. The group has a strong offering in electrical power and has increased its representation in oil and gas and matters. The firm advised Energy Capital Partners on the $450m financing for the acquisition by Energy Capital Partners of Dighton, Lake Road and Masspower, three gas-fired power plants, from BG North America. It also advises the client on regulatory and market matters relating to acquisition, sales and development activities of large-scale transmission projects for renewable generation resources in California, Arizona and New Mexico. The firm also advised Goldman Sachs on a high-value stock-for-stock merger between Allegheny Energy, an operator of electric generation facilities, and FirstEnergy, in which the client was the financing advisor to the former. In addition, the group represents Allegheny Power and Allegheny Energy Supply on a variety of regulatory and market matters, particularly those related to market design and implementation in the PJM market. The group also represented Tenaska Energy, a provider of construction and engineering services, to Willbros Group; a transaction valued at $605m. On the oil and gas side, the group is advising Sheridan Production Partners, an oil and gas production company focused on acquiring oil and gas properties, on the refinancing of an existing term loan credit facility for the client by a bank syndicate. Other regulatory matters included representing a Spanish energy company on various energy regulatory and transactional matters with respect to its portfolio of wind farm development and operational activities. Regulatory advice also included representing Sempra Energy affiliate Sempra Generation on various energy regulatory and market matters regarding generation fleet in and around California including negotiation, administration and defense of $7bn PPA with California Department of Water Resources. New York-based Jonathan Rod is highly regarded for transactional work, while Washington DC-based David Schwartz is well known for regulatory matters.

Skadden, Arps, Slate, Meagher & Flom LLP is ‘definitely a “go to” firm in the energy field’. It handles transactional matters and is ‘very strong in the federal regulatory arena’ – for this type of work, the firm is ‘one of the best in the country’. The group addresses the full range of regulatory issues including organized market design, transmission regulation, marketing and trading, electric reliability, and has played a lead role in many of the most important FERC cases in recent years. It represented AES in regulatory matters concerning a $1.6bn investment by China Investment, and advised Entergy in regulatory proceedings to recover the costs of an acquisition adjustment associated with the purchase of a 580MW electric generating facility. The group also advised Entergy in defense of a complaint brought by a state regulatory commission involving Production Cost Equalization. On the transactional side, it regularly advises the regulatory boards and senior management of its clients throughout the M&A process. It advised Allegheny Energy in its $4.7bn stock-for-stock acquisition by FirstEnergy. Other electrical matters included representing RRI Energy in its merger-of-equals with Mirant to create GenOn Energy, which will be an approximately 25,000MW independent power producer in the US; the transaction is valued at approximately $2bn. On the oil and gas side, the firm represented a Korean conglomerate in its acquisition of a stake in an oil and gas field in Texas from O’Ryan Oil and Gas. It also represented Harrington Partners in sale of Fairbanks Natural Gas to Alaska Gasline Port Authority. In oil and gas regulatory matters, it represented a natural gas company in audit regarding “Southern Star” compliance issues. The firm also represented Florida Power and Light with respect to Federal Power Act authorizations for transfer of New Hampshire transmission facilities to an affiliate. Nuclear matters included representing The Tokyo Electric Power Company, Japan, in its $155m acquisition of a 10% stake in the South Texas Project expansion from Nuclear Innovation North America, a subsidiary of NRG Energy and Toshiba. Washington DC-based Clifford Naeve heads the team. Sheldon Adler has experience in M&A, while John Ale, Frank Bayouth, William Conway, Ann Hawkins and Pankaj Sinha are also active.

Baker Botts L.L.P.’s ‘team composition is very complete, yet cost effective’. Clients say that the firm ‘is responsive and performs without a glitch’ and that ‘advice is always “to the point” and solid’. The firm is adept at serving all areas of the oil and gas industry including exploration and production, transportation, pipeline, LNG and refining. It has acted in significant oil and gas mergers including Schlumberger’s $11.34bn merger with Smith International. The group is representing the former in the all-stock transaction, which is subject to various conditions including Smith stockholder approval and customary regulatory approvals. It is also representing Mariner Energy in its $3.9bn merger with Apache. The team also acted for Reliance Industries regarding its joint venture with Pioneer Natural Resources, in which the client will acquire 45% interest in Pioneer’s core Eagle Ford Shale acreage position in two separate transactions. It is also representing Cheniere Energy on the world’s first bi-directional LNG facility able to liquefy and regasify natural gas, on transactional and regulatory issues relating to pipeline, natural gas and LNG contracting matters. In the electricity and renewable power space, it advises clients such as BP Alternative Energy, Horizon Wind Energy, NextEra Energy and Samsung Heavy Industries on transactions. The group also advises CenterPoint Energy, RRI Energy, International Power America and International Power America on electricity regulatory matters. Washington DC-based Steven Miles heads the team. Houston-based Kevin Keenan is ‘always available, 24/7’ and has ‘depth of knowledge in oil and gas matters and is an excellent team leader’. Houston-based George Goolsby has ‘great depth of oil and gas experience, and is willing to give clients the benefit of that experience without running it through a pool of associates’. Associate Angela Bible is ‘hard working and very thorough’.

Dewey & LeBoeuf LLP has a ‘very deep bench of knowledge’ and is ‘excellent across the board’, and the ‘excellent and pragmatic’ team is best known for its transactional focus and supporting regulatory approvals. The firm combines its FERC practice and state regulatory experience across numerous jurisdictions with commercial, project finance and M&A capability. The group’s scope spans all major energy sectors including a prominent position in renewable energy, in which it has power, solar and winds clients. The team recently advised Iberdrola USA’s subsidiary, Central Maine Power Company, on all FERC submittals in a $1.5bn electric transmission project, which will upgrade the company’s transmission system, the Maine Power Reliability Project. It also represents New York State Electric & Gas and Rochester Gas and Electric in the New York State Public Service Commission’s energy efficiency and renewable energy proceedings, in which it has worked with the companies to develop, implement and obtain approval for numerous energy efficiency programs. Catherine McCarthy and Scott Mueller co-head the team’s energy regulatory department. Bud Ellis, who is ‘responsive and always keeps the big picture in mind’, co-heads the firm’s utilities, power and pipelines practice. Peter O’Brien, who has expertise in capital markets transactions, has a ‘wealth of experience in the public utility industry generally, with SEC matters, and with various types of financings in which energy companies engage’. Thomas Moore, who co-heads the energy M&A practice, ‘is very responsive to customer needs and has positioned the firm as a “go-to” firm for any complex problem’.

Fulbright & Jaworski LLP has a ‘mighty presence’ in both transactional and regulatory matters, and is active in Texas and throughout the US. In particular, the firm has significant presence in the oil and gas, LNG and alternative energy arenas. Transactional highlights included representing EOG Resources in connection with a series of oil and gas asset acquisitions in the Barnett Shale in the State of Texas, valued at approximately $200m. The firm represented Enterprise Products on the construction of natural gas processing facilities in the US, including preparation of engineering, procurement and construction contract documents for the provision of equipment and engineering and construction services. On the regulatory side, it is currently advising Sabine Pass Liquefaction on applications to the FERC and Department of Energy (DOE), seeking authorization to construct and operate facilities to liquefy, and export as LNG, domestic natural gas supplies. It is also representing ETC Tiger Pipeline on its application to the FERC, seeking authorization to construct an expansion of the approximately 175 mile interstate natural gas pipeline, commencing in eastern Texas and terminating in the Haynesville Shale region of Louisiana. Houston-based Michael Irvin heads the team and is a ‘good communicator, approachable and his advice is always accurate’.

Clients say that the quality of Steptoe & Johnson LLP’s energy regulatory and transactional work is ‘excellent’, and that the team is ‘responsive, business-orientated and very experienced’. The firm is historically known for its oil pipeline expertise, however it has an increasing reputation in the electric power industry. It recently represented Enbridge in its successful bid to purchase a proposed 250MW wind power farm in Colorado from the international RES Group’s US operations for approximately $500m. The firm served as counsel to the client in the acquisition of all equity, negotiation of all engineering, procurement, and construction agreements, environmental law, and US Treasury Grant aspects of the wind farm comprised of 139 variable speed wind turbines. Other work included representing Northeast Utilities and NSTAR on the negotiation and approval of 1,200MW direct current transmission interconnection between Quebec and New England in order to permit Hydro-Quebec to export hydro-electric power under development in Quebec that is in excess of its needs in Canada, a project valued at approximately $1.1bn. Clients also include American Electric Power, Chevron, ConocoPhillips, Duke Energy, ExxonMobil Pipeline, Grasslands Renewables, Northeast Utilities and OGE Energy. Washington DC-based Steve Brose and David Raskin, who is the key contact for electric power, co-chair the team. Steve Ross ‘provides expert advice in a cost-efficient manner’.

Van Ness Feldman, P.C is a ‘regulatory powerhouse’ and is ‘certainly among the top firms’ for this type of work. The firm has a broad offering and advises clients in the nuclear energy, gas and oil, electric and renewable energy, and also has significant expertise advising on climate change matters. On the electric side, the firm provides training for Midwest Reliability Organization, regarding the conduct of hearings, and provides counsel to MRO’s stakeholder Standards Committee regarding the development of electric reliability standards. Other work included providing federal regulatory counsel to Kinder Morgan Energy Partners with respect to all matters including FERC regulation, environmental compliance and strategic counselling for the 1,600 mile natural gas pipeline, Rockies Express Pipeline, which extends through eight states. It also represented Equitrans in a $750m multi-year build out of new pipeline infrastructure to access the Marcellus shale gas reserves in Pennsylvania and West Virginia. On the nuclear side, the firm recently advised Areva, a major European nuclear company, on US law affecting the employment of persons subject to US jurisdiction on nuclear projects in foreign countries. Jay Ryan, who heads the electric practice; Curt Moffatt, who leads the gas and oil practice; and Michael McBride, who heads the nuclear energy practice, are all recommended.

The energy practice at Vinson & Elkins L.L.P. is predominately Houston-based and clients say that it is ‘among the best’ and ‘provides a very good service’. It has expertise in LNG and electric matters, but is best known for its oil and gas expertise and is ‘one of the firms that you always come across in significant matters’. The firm advises on M&A, joint ventures, project developments, financings, environmental matters, tax cases, IP matters, restructurings and regulatory proceedings including regulatory counsel to help navigate through government proceedings and investigations. Clients include Duke Energy, Shell Oil Company and Anadarko Petroleum Corporation. Marcia Backus heads the firm’s corporate department and is active advising oil and gas companies on transactional matters. Trina Chandler is active on the power side and is highly regarded.

White & Case LLP’s energy practice is split between its Washington DC and New York offices and provides ‘leading energy advice’. It is well known for its regulatory experience, however, it also handles notable energy transactions. Clients say that it has a ‘very commercial approach’ and the lawyers are all ‘rational and have a clear understanding of the market, and factor in the level of risks in the financing structure’. Sources also say that the practice is ‘at the top of its game’. Regulatory work included representing Constellation Holdings in connection with its agreement to acquire approximately 3,000MW of generation for $1.1bn from Boston Generating, subject to bankruptcy court approval and auction proceedings. It is also representing DTE Energy Services on regulatory issues and contract negotiation related to the purchase of several coal-fired facilities, which the client will convert to biomass fuel. On the transactional side, it is currently advising Nuclear Innovation North America, a joint venture owned by NRG Energy and Toshiba, in connection with the development of an approximately 2,700MW nuclear power plant near Bay City, Texas. It is also representing Great Basin Transmission in connection with its agreement with affiliates of NV Energy to jointly construct and own a 500-kilovolt transmission line in Nevada, which will stretch more than 500 miles from Idaho to southern Nevada. Arthur Scavone and Victor DeSantis are the key contacts. New York-based Troy Alexander is ‘very commercial in his approach and understands the market’.

Clients say that the quality of Bracewell & Giuliani LLP’s advice is ‘top notch and timely’, and the team ‘blends its knowledge of the law with an understanding of the commercial transaction being considered’. The firm recently represented Apache in its $7bn acquisition of BP’s oil and gas operations, acreage and infrastructure in the Permian Basin of West Texas and New Mexico and in Egypt’s Western Desert, as well as BP’s upstream natural gas business in western Alberta and British Columbia. The transaction was also subject to regulatory approvals and conditions. The group also currently represents Chesapeake Energy, the largest independent producer of oil and gas in the US, in a series of private placements of preferred stock. Notably, the client recently sold $900m of its 5.75% convertible preferred stock to an investor group that included affiliates of China Investment, Korea Investment, Temasek Holdings, HOPU and Investment Management. Clients also include American Electric Power, EOG Resources, KinderMorgan, RRI Energy, Seahawk Drilling and Shell Energy North America. ‘extremely strong’ Houston-based practice head Alan Rafte ‘represents vigorously’. Washington DC-based Sandra Rizzo is ‘extremely effective’ and ‘her pleasant personality belies a knowledgeable, aggressive lawyer, who achieves what her clients want’. Houston-based Daniel Witschey has ‘terrific knowledge’ and is a ‘big-picture thinker in terms of developing strategy’.

Cleary Gottlieb Steen & Hamilton LLP is ‘excellent’ and is ‘great in all aspects of its service’, according to clients. The firm is well known for its transactional advice to large mining and metals corporations and to oil and gas clients, however it is increasing its reputation in the electric power and renewable energy space as well. On the mining and metals side, the group is representing BHP Billiton, the world’s largest diversified natural resources company, in its $40bn all-cash offer to acquire Potash Corporation of Saskatchewan, the world’s largest fertilizer enterprise. It was also counsel to the underwriters, including Credit Suisse and Goldman Sachs, in a $1.5bn SEC-registered offering by Southern Copper. On the oil and gas space, the firm recently represented Petrobras in its $67bn SEC-registered global equity offering, the largest-ever equity offering, in which the client will use part of the proceeds to pay $42bn to the Brazilian federal government for the right to extract up to five billion barrels of oil equivalent from deep-water areas off the Brazilian coast. The group’s regulatory advice includes advising the Electricity Consumers Resource Council on all significant electricity regulatory issues currently before the FERC including those relating to transmission planning, cost allocation, demand response, smart grid technologies, and renewable resources. Washington DC-based Richard Bidstrup ‘listens to what clients need and is very easy to work with’.

Predominately based in Washington DC, but with partners in New York, Baltimore, Miami, Denver and Houston, Hogan Lovells US LLP’s ‘well versed’ team is strong for regulatory and transactional energy work. It recently advised Kinder Morgan as litigation and regulatory counsel on its asset, Natural Gas Pipeline Company of America, in connection with FERC’s investigation of the existing rates, rates of return, and fuel recovery rates of the pipeline. The firm successfully negotiated, drafted and implemented a comprehensive and uncontested settlement with all shippers, state commissions and FERC staff which brought the proceeding to an end in a beneficial manner for the client. Other work included advising Chevron with respect to its ownership interest in the Trans Alaska Pipeline System in a series of litigated cases before FERC and the Regulatory Commission of Alaska. The firm also advised Louisiana Energy Services, a subsidiary of Urenco, on regulatory and legislative matters. Transactional matters include advising Royal Gold on its $700m cross-border, cash and stock acquisition of International Royalty, a Canadian public company. It also advised NextEra Energy Resources and Central States Wind as borrower’s counsel on its $250m portfolio project refinancing in connection with the Central States Wind Project. Clients also include Edison Mission Energy, NextEra Energy Resources and Toshiba America Nuclear Energy. Washington DC-based Kevin Lipson leads the team.

King & Spalding LLP’s ‘responsive and knowledgeable’ team is ‘highly recommended to anyone who wants to do international business’. The firm’s energy lawyers are mainly based in Washington DC and Houston, but the group also has particularly strong ties in Singapore. It advises clients on transactional and regulatory matters across the energy industries including in oil, gas, power and renewable energy sectors. The team acted as EOG Resources on aspects of the Kitimat LNG export project in Canada, involving the development of EOG’s shale gas reserves in British Columbia, Canada, the transport of gas to the coast at Kitimat, and its liquefaction and sale to long term buyers. Highlights also included advising Calpine on all regulatory matters relating on its $1.65bn acquisition of 19 power plants in the Mid-Atlantic region of the US from Conectiv Energy. The representation included FERC approval under the Federal Power Act and related rate filings, obtaining waivers of FERC’s natural gas capacity release requirements for the transfer of various natural gas transportation and storage contracts, and advice on various regulatory, reliability, markets, and antitrust matters relating to the acquisition. Clients also include Dynegy, Noble Energy, Apache, BP America, Duke Energy International, Destin Pipeline Company and SEMCO. Philip Weems and Neil Levy, who is ‘one of the best energy lawyers out there’, lead the team. Houston-based Ken Culotta ‘does a good job and manages costs well’. Washington DC-based David Tewksbury is also highly recommended.

A leader in banking, finance and energy markets, Milbank, Tweed, Hadley & McCloy LLP is ‘highly recommended for its industry knowledge’. Clients also say that it provides ‘high-quality mergers and acquisition advice’ as well as ‘well regarded energy project financing advice’. The group is also well known for its advice on investment and securities matters. It recently represented the lenders in the construction and permanent financing of a portfolio of 11 wind energy facilities located near Twin Falls County, Idaho, which is the largest wind power portfolio in Idaho with a total capacity of 183MW. New York-based Eric Silverman and Jonathan Green co-chair the firm’s global project finance group. Edward Kayukov is highly recommended.

Sidley Austin LLP’s energy practice is centered on regulatory matters, in which the firm gives ‘experienced, knowledgeable and appropriate’ advice. Historically, the firm has focused on oil and natural gas, however it has expanded its offering and represents various clients in the electric utility space as well as in other industries. Highlights included advising Pareto Energy, a microgrid design and project development company, on project finance and general corporate matters including on a cogeneration facility for the South Jersey Transportation Authority and the Federal Aviation Administration. It provided additional advice on multi-offtake energy services agreements, equity finance, municipal finance, renewable energy tax, and municipal leasing and energy regulatory matters. The firm also represented HSH Nordbank on a $535m project financing of a 202MW wind energy generating facility in Washington State. It was also involved in the negotiation and documentation of the project documents including the turbine supply agreements, balance of plant contracts and subcontracts, power purchase contracts, transmission and interconnection agreements, operations and maintenance agreement and real estate arrangements, as well as ensuring receipt of all necessary permits and authorizations. Washington DC-based Eugene Elrod and David Hill co-head the group, which includes Yabo Lin, who recently joined the firm and is experienced in energy transactional matters.

Simpson Thacher & Bartlett LLP’s energy group is most active in mergers and acquisitions, especially in the power space, however it has expanded its breadth of work and is increasingly involved in the natural gas arena for private equity clients. Clients say that the lawyers’ ‘knowledge base is very solid and all team members give good advice’. The firm recently represented an affiliate of The Blackstone Group in its acquisition of Dynegy in a transaction valued at approximately $4.7bn, including the assumption of existing debt. Recent highlights included the representation of Kohlberg Kravis Roberts (KKR) in connection with Shell US E&P Investments’ agreement to acquire subsidiaries that own substantially all of the business of East Resources for cash consideration of $4.7bn from East Resources, KKR and Jefferies & Company. The firm also represented First Reserve in connection with the recently announced $773m acquisition by Crestwood Midstream Partners, a First Reserve portfolio company, of a controlling interest in Quicksilver Gas Services from Quicksilver Resources. New York-based practice head David Lieberman is ‘highly familiar with the technical aspects of financings’ and is ‘skilled and organized’. Brian Chisling is also recommended for his ‘unbeatable knowledge’ on transactional and regulatory matters.

Longstanding association with energy and utility companies has put Hunton & Williams LLP at the forefront of environmental matters in the US, with clients stating the team includes ‘effective advocates and counselors’. The firm has offices from coast-to-coast and has ‘special experience in all environmental law matters’. It covers contentious matters and has particular expertise in Clean Air Act (CAA) and Clean Water Act (CWA) issues. Other areas in which the firm excels include Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), hazardous waste management, endangered species issues and wetlands work. Washinton DC-based Bill Brownell is the name to note and is known for his experience in climate change rules and regulations and for related litigation.

Kirkland & Ellis LLP is a ‘litigation powerhouse’ and regularly acts in civil, criminal and administrative environmental proceedings, including government enforcement actions, superfund and insurance coverage cases, contract and indemnity claims, toxic tort suits and challenged to federal and state rulings. The ‘service is outstanding’ and ‘while on the expensive end’, clients ‘believe the overall value is worth the cost for the high-profile matters it defends’. The firm represents BP in the various litigation matters related to the April 2010 Deepwater Horizon drilling rig explosion and the resulting oil spill in the Gulf of Mexico. It also recently defended 3M in a toxic tort action brought by more than 400 plaintiffs living near a former industrial barrel reclamation facility located on the west side of Chicago. It won a motion to strike the class action allegations, the vast majority of plaintiffs eventually dropped their claims of exposure to various chemicals emitted into the air from the facility and for personal injury and other relief, and the firm negotiated a favorable settlement for the remaining plaintiffs. It also represents a collection of five California public water agencies in litigation involving the issue of whether restrictions on water right usage traceable to the Endangered Species Act (ESA) represent constitutional takings of property rights. Clients also include 7-Eleven, ExxonMobil, Keystone, General Motors, Growth Energy and ConocoPhillips. Andrew Running has experience in environmental, bankruptcy, insurance, toxic tort and general commercial litigation and ‘handles litigation cases extremely well’. Jeffrey Clark has experience in administrative law and is a ‘super lawyer’. Granta Nakayama, who represents companies whose products or services are regulated by the Environmental Protection Agency (EPA), the Consumer Product Safety Commission and state government agencies, and Richard Godfrey, who advises BP and is Chicago-based, are also recommended.

Sidley Austin LLP’s ‘level of service is outstanding’ and the practice is ‘great value for money’. It is recommended on its integrated approach and can ‘connect clients to other lawyers in the firm when requiring commercial or appellate level litigation lawyers – all of whom also prove to be excellent additions to the team – at the drop of a hat’. The firm has clients from a broad spectrum of economic and industrial activities including transportation, conventional and alternative energy generation and distribution, petroleum exploration, development and refining, chemical manufacturing, electronics manufacturing, telecommunication services, consumer products, pharmaceuticals, banking and finance and agribusiness. It also represents federal, state and local governments. Clients include American Electric Power, Duke Power Company, NCR Corporation, General Electric Company, Southwestern Electric Power Company and Exelon. The firm is advising an Ohio-based iron foundry with respect to a federal grand jury subpoena arising from a US EPA criminal investigation of the foundry’s compliance with the CAA, and related Ohio EPA civil enforcement actions. It represents longstanding client TransCanada with respect to its Keystone crude oil pipeline that will extend from the western Canada oil sands to oil refineries in the US. It has advised on the permitting and environmental review of the project, and successfully defended two federal court cases in which the sufficiency of the US State Department’s environmental review was challenged. The firm also represents the American Chemistry Council, the National Association of Manufacturers, the American Petroleum Institute and other trade associations in several DC Circuit Court of Appeals challenges that are related to EPA’s regulation of greenhouse gases. Chicago-based Robert Olian, Washington DC-based Davis Buente and Los Angeles-based Judith Praitis, who has represented operating entities in defending claims under California’s Proposition 65, lead the team. Washington DC-based Samuel Gutter is a ‘tremendous resource to any client lucky enough to have his representation’. Roger Martella is also recommended.

‘Active in environment litigation’, Arnold & Porter LLP is an ‘excellent choice’. The environmental practice group advises on civil and criminal enforcement under federal statutes, superfund and other cleanup of contaminated sites litigation and toxic tort claims covering a diverse array of groundwater, air pollution, toxic chemical, radioactivity, and public nuisance matters throughout the US. The firm advises Honeywell International in a wide range of environmental problems involving current and legacy operations, federal and state litigation. Currently, the firm is representing the client in remediation of a major urban marine terminal built on approximately two million tons of chrome ore tailings. The firm negotiated a consent decree with the State of Maryland, and is advising the client regarding the remedial investigation and feasibility study being performed under the decree. The firm is also defending the client against a RCRA citizens’ suit. Other highlights included advising the Brazilian Sugarcane Association in litigation challenging California’s low carbon fuel standard, which involved important climate change issues at the intersection of trade and environmental law and policy. Clients include BP, PPL, General Electric, Foster-Wheeler and Texas Pacific Group. 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.

Beveridge & Diamond, P.C. is a ‘highly reputable and credible’ boutique environmental practice, which is ‘highly active in Washington DC and deserves its recognition’. Its environmental litigation practice covers federal and state owned litigation law, cases involving litigation over rulemaking, permitting, enforcement, hazardous waste, toxic substances, insecticides and fingicides, superfund and natural resources damages liabilities, contribution, land use and contaminated property disputes, as well as air and water issues. Washington DC-based Karl Bourdeau is a well-known name for environmental litigation, while managing partner Benjamin Wilson and litigation practice head Harold Segall, both based in Washington DC, are also names to note.

The environmental practice at Bingham McCutchen LLP is active in California and the team is ‘bright thinking, well versed in case law and strategies and is excellently responsive’. It has significant strength in water issues and recently obtained two appellate decisions that define the ground rules for water supply planning required under state law for development projects in California; Water Supply Assessments required for all large development projects, and Urban Water Management Plans which must be adopted by public water suppliers. The firm is currently advising Anadarko Petroleum Corporation, Anadarko Exploration and Production, and MOEX Offshore 2007 in issues relating to the explosion and resulting release of hydrocarbons from the Deepwater Horizon in the Gulf of Mexico and the associated, federal, state and private claims, remedial actions and other matters. Highlights also included representing the South Coast Air Quality Management District, which is responsible for issuing air quality permits for all new and modified air pollution sources in the urban areas of southern California, in the successful defense of litigation brought by environmental groups arising out of the implementation of state legislation that lifts a court-ordered moratorium that prevented the client from issuing permits. Clients also include American Electric Power, City of San Diego, Contra Costa Water District, Flying J, General Electric and Stanford University. Los Angeles-based Rick Rothman and Washington-based Michael Wigmore head the team. James Dragna, Christopher Berka and Tiffany Hedgpeth are ‘all client focused, cost-conscious and strategy driven’.

Hogan Lovells US LLP is ‘uniformly outstanding in all areas’ and is ‘responsive, knowledgeable and able to handle the wide range of issues presented by litigation’. The firm is involved in all of the current “water wars” among eastern states and is defending on appeal a major victory it won in 2009 for the State of Florida. The cases all concern water flows in the Chattahoochee, Flint and Apalachicola Rivers, and involve a long-running dispute among the three states and the federal government as to the management of the riverine system. The firm is also currently defending Bostik in class and non-class lawsuits brought by residents of a manufacturing facility located in the middle of an industrial park where significant chlorinated organic contamination has been found to be impacting the drinking water wells of over 200 nearby residences over a two square mile area. The firm has also recently acted for Homestake Mining, Fox Capital Management and National Chicken Council. The practice is co-led by Denver-based Scott Reisch, who is ‘great to work with and is well respected’, and Washington DC-based co-head James Banks, who is ‘extremely strong in developing effective legal strategies, has extensive experience in federal court cases and works extremely well with clients and individuals who are not lawyers’.

Clients state that the environmental practice at Latham & Watkins LLP is ‘excellent’ and ‘highly regarded in terms of quality of service and expertise’. The firm has strong national capabilities, with particular strength in California. The ‘well rounded’ practice has experience extending to California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA) and land use, wetlands and endangered species, criminal and civil government enforcement actions, superfund and environmental cleanup liability. In the land use space, the firm is currently representing San Diego Gas & Electric Company in federal court challenging the Bureau of Land Management’s decision approving the Sunrise Powerlink Project, a 120 mile 500/230 kV transmission line across southern California, following successfully defending a challenge to the decision before the Interior Board of Land Appeals. The challenge includes claims under (NEPA), the Endangered Species Act, the Federal Land Management and Policy Act (FLPMA) and the National Historic Preservation Act (NHPA). It successfully represented Southern California Edison (SCE) in California superior court to defeat the City of Oxnard’s attempt to block the development of a “peaker” power plant in Oxnard, California, where the facility will be located and will operate primarily during times of peak electricity demand or system strains. Ruling for SCE and the Coastal Commission on all-important issues, the court agreed with SCE’s arguments on the interpretation of the Local Coastal Plan, the Coastal Act and a host of CEQA issues. Robert Wyman, who has particular expertise in Clean Air Act (CAA) issues, leads the team from Los Angeles. Washington DC-based Janice Schneider, Orange County-based Michael Carroll and Rick Zbur in Los Angeles are also recommended.

Baker Botts L.L.P.’s environmental team is ‘very knowledgeable and good at developing strategies’. The firm advises on a broad spectrum of matters and has significant strength on CAA issues; it is currently representing various energy companies with regard to major CAA litigation, which includes enforcement actions by the EPA, states and environmental groups alleging CAA violations. It has challenged EPA rule makings on several occasions – including its representation of the American Petroleum Institute in litigation involving challenges to EPA’s denial of California’s request for a pre-emption waiver under the CAA to regulate greenhouse gas emissions from motor vehicles. It provides lead representation of various companies with regard to managing cleanups and defending against cost recovery actions. The firm is also representing multiple petroleum/petrochemical companies and various other refiners by owners of public water supply systems who have alleged that chemical compound Methyl tertiary butyl ether (MTBE), produced by the refiners, contaminated the plaintiffs’ water wells. The firm is also defending a major corporation whose historical operations are alleged to have contributed to environmental contamination in residential, commercial, industrial, and undeveloped areas in northern Alabama. Washington DC-based practice head Steve Leifer and Austin-based deputy chair Aileen Hooks are active. Austin-based Matt Paulson ‘always does a great job’.

The team at Gibson Dunn has strong capabilities in California and an excellent reputation for handling toxic tort matters. The firm is representing Lockheed Martin in several cases including mass toxic tort litigation in Redlands, California involving alleged groundwater contamination with perchlorate and TCE. Hundreds of plaintiffs claimed to be victims of chemical exposure in their drinking water, and presently the firm is leading the defense with respect to the second group of plaintiffs. The team also has extensive groundwater experience and is defending Goodrich on claims brought by the US, on behalf of the EPA, involving five former operators and the current owners of a 160 acre parcel of land that has been used for industrial purposes since World War II, when the Department of Defense maintained an ammunition storage point; the lawsuit seeks cost recovery for perchlorate and TCE contamination in the Rialto-Colton Groundwater Basin. Other highlights included representing domestic and international automakers in litigation across the country in the area of greenhouse gas emissions. Clients also include MeadWestvaco, International Paper, Chevron and General Electric Company. Los-Angeles based Patrick Dennis and Jeffrey Dintzer, Orange County-based Alan Bick and Washington-based Peter Seley co-chair the team.

Mayer Brown’s six partner team is ‘strong and provides excellent all-round advice’. The firm regularly represents clients before EPA, DOT, FAA and other federal and state agencies as well as advising on legislative strategies for environmental matters, including permitting and climate change. The firm advises Nicor on its manufactured gas plant work, overseeing significant litigation, permitting, and governmental investigations relating to the presence of coal tar and related PAH materials at numerous former facilities. It is representing Dow Chemical against allegations that the client’s (and an array of oil, coal, power and chemical companies) emissions of greenhouse gases caused the oceans to warm, which caused Hurricane Katrina to be stronger than otherwise would have been the case, which increased the damage the hurricane caused to plaintiffs’ properties. Other highlights included representing LaFarge in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery action initiated by the City of Waukegan against industrial tenants in connection with historic PCB contamination of the Port of Waukegan, Illinois by another entity, Outboard Marine. Clients also include Cargill, Caterpillar, CMS Energy, United States Sugar and Valero Energy. The practice is co-headed by Thomas Skinner and John Hahn in Chicago and Washington DC respectively.

‘West Coast powerhouse’, Morrison & Foerster LLP is ‘excellent in all aspects’. Clients say that although ‘the firm isn’t cheap, if the stakes are high then it is always worth it’. It is highly regarded for its expertise in Proposition 65 matters and also has strength in endangered species, cleantech and water law. The firm currently represents Metropolitan Water District, which is the largest provider of treated drinking water in the US, in litigation over Biological Opinions restricting water exports from the Bay Delta because of their alleged impacts on delta smelt, salmon, and other fish listed under the ESA. In County Water District v Sabic et al, which involves the former having filed a civil action against 24 major corporations alleging that historical releases of solvents and perchlorate have created a plume contaminating the regional groundwater, the firm is defending Ricoh Electronics and is part of the leadership of the joint defense group in responding to these allegations. Clients also include American Meat Institute, Mattel Grocery and Manufacturers Association and its major members, including Coca-Cola, Del Monte, Dole and Nestlé. San Francisco-based co-heads Robert Falk and Christopher Carr are recommended. Michèle Corash is ‘one of the best environmental lawyers in the nation; especially for Proposition 65 matters’ and Los Angeles-based Peter Hsiao is regarded for hazardous waste and cleanup cases.

‘Highly skilled’ in environmental litigation and regulatory matters, the 10-partner team at Pillsbury Winthrop Shaw Pittman LLP handles a wide variety of civil, administrative and criminal matters, representing individuals, companies and other entities in cases under all of the major federal environment states. The practice represents clients in a wide spectrum of manufacturing businesses, as well as companies in the pharmaceutical, chemical, research and development, and retail sector. It is currently representing Teck Metals in negotiating a transnational agreement with the EPA and US Department of Justice regarding significant claims for the cost of investigation and remediation activities along a 120-mile stretch of the Upper Columbia River/Lake Roosevelt Site, as well as alleged natural resource damages. The firm is also currently representing the Association of American Railroads and Union Pacific Railroad Company in a lawsuit that its clients filed in federal court against the South Coast Air Quality Management District, which would invalidate new rules regulating air emissions from locomotives and railroad operations in the Los Angeles Air Basin. Los Angeles-based Christopher McNevin leads the environmental practice.

With particular strength in Texas, Vinson & Elkins L.L.P.’s 16-partner environmental practice has strength in civil litigation and criminal defense, contested permitting, compliance counseling, project siting and development, and the resolution of environmental issues associated with certain transactional matters. The firm is defending BP on defense of investigations, and enforcement actions initiated by the EPA, the US Chemical Safety and Hazard Investigation Board, the US Occupational Safety and Health Administration, the Department of Justice, the US Attorney for the Southern District of Texas, and the state environmental agency. Other highlights included obtaining a victory for Waste Management of Texas in the ongoing litigation over the clients’ expansion of its Mesquite Creek Landfill in Comal and Guadalupe counties. The firm also successfully handled environmental challenges for KBDJ, the owner and operator of a rock quarry and crusher on the Edwards Aquifer Recharge zone, which involved a suit brought by the City of Austin and others challenging KBDJ’s authorization for its limestone quarry located in Hays County, Texas. It also advises clients such as Sandy Creek Energy Associates, LP and Sunflower Electric Power, Maxus Energy Company and Tierra Solutions. Houston-based Carol Dinkins and Robert Schick co-head the team. George Wilkinson Jr in Houston and Austin-based Bryan Moore are also recommended.

Bracewell & Giuliani LLP’s ‘highly active and notable’ practice focuses on climate change, air quality, energy policy, major energy development projects, upstream energy development, and contamination and exposure issues. It represents Cabot Oil & Gas on environmental, health and safety matters arising from operations in the Texas-Louisiana gulf coast region, the East Coast and the Rocky Mountain states; including advice regarding litigation defense arising from state-level enforcement of environmental and oil and gas drilling requirements. It also represents Durand Glass Manufacturing Company, Polyfoam and GGP Bridgeland on all aspects of enforcement defense involving the EPA, the US Army Corps of Engineers, the US Department of Justice and various state environmental agencies arising from alleged violations of the CAA and Clean Water Act. Austin-based Timothy Wilkins heads the environmental and natural resources practice group.

Jones Day is ‘very client focused, timely and provide excellent expert advice and counsel’. Clients also say that it is a ‘go-to’ team, which is ‘excellent’. The firm’s contentious experience includes the defense of criminal and civil investigations and prosecutions, as well as litigation arising from private citizen suits, natural resource damage claims, superfund cost recovery claims, public nuisance, class action, individual toxic tort claims, and the pursuit of recovery for environmental claims under various corporate insurance policies. It successfully defended Midwest Generation in an action brought by the State of Illinois and the Department of Justice, alleging violations of the CAA and related regulations. It also defended Ethyl in a large environmental property damage case filed under the Resource Conservation and Recovery Act (RCRA), CERCLA, and common law, seeking recovery in excess of $38m for alleged PCB contamination at a property formerly owned by its client. Washington DC-based Kevin Holewinski leads the team. Chicago-based Charles Wehland has ‘excellent judgment’. San Diego-based Cynthia Cwik recently joined the team from Latham & Watkins LLP.

King & Spalding LLP’s ‘extremely capably’ team provides a ‘high level of client service’. The firm handles the full range of environmental litigation, including EPA enforcement matters, permit challenges, cost recovery claims, and claims for damages related to alleged environmental contamination. Recent highlights included water, ground water, climate change and CAA litigation as well as others. It recently successfully defended Shell Oil Company against allegations made by The City of Redlands regarding drinking water contamination associated with 1,2,3 trichloropropane. Clients also include 3M, Atlanta Regional Commission and City of Atlanta, Portland Cement and Chevron. The practice is headed by Atlanta-based Patricia Barmeyer, Washington DC-based Katherine Rhyne and Texas-based Carol Wood. Also recommended are Atlanta-based Kevin Buster, who is ‘excellent, smart and an expert’, and Texas-based Bruce Hurley, who is an ‘outstanding trial lawyer and excellent at questioning and cross-examining witnesses’.

Thompson & Knight LLP represents clients in a variety of industries including oil companies, oil refiners, chemical plants, energy companies, and pipeline companies. It deals with all areas of environmental work and its oil and gas experience in particular is extensive. It successfully defended BNSF Railway against more than 200 lawsuits filed by residents of Somerville, Texas regarding alleged contaminated due to exposure of toxic substances from a railroad tie treatment facility formerly operated by BNSF. Other work included providing litigation and settlement advice for Beazer Homes in an enforcement action by the EPA regarding compliance with laws and regulations governing the discharge of storm water from construction sites around the country. Austin-based James Morriss heads the team.

Clients say that the environmental practice at White & Case LLP is ‘top notch’ and ‘very responsive and knowledgeable’. The firm has a strong presence in Florida and New York and has experience in contentious matters relating to the clean-up of contaminated sites, environmental coverage, coverage under environmental contractual indemnities, and environmental liabilities in bankruptcy. The firm is active in climate change and is advising the Washington Legal Foundation in Native Village of Kivalina v ExxonMobil, regarding allegations Kivalina is sinking and its inhabitants must be relocated as a result of global warming. Richard Horsch and Paul Milmed are the key contacts at New York. Neal McAliley and Douglas Halsey, who is ‘very strong in all environmental matters he takes on’, are active in Florida.

Kirkland & Ellis LLP’s environmental lawyers are ‘real experts and provide excellent value’. On the regulatory side, the firm provides substantial experience in matters such as solid and hazardous waste management, wastewater and air permitting, rulemaking, standard-setting, environmental site investigation and cleanup, release reporting and compliance auditing. With regards to transactional work, it represents buyers, sellers, lending institutions and venture capital firms. It is involved in all environmental aspects of corporate transactions, including due diligence investigations, contract negotiations, and permit transfers, compliance counselling and long-range planning. The firm represented Solutia both in connection with its bankruptcy reorganization and successful emergence from Chapter 11, and also with regard to a broad range of bankruptcy-related and transactional environmental issues arising following emergence. Most significantly, it represented the client with regard to environmental issues associated with Solutia’s successful challenge to an attempted abandonment of environmentally sensitive assets by Lyondell in its own bankruptcy and related settlement negotiations and implementation issues. Other work included representing Tronox, formerly the chemical manufacturing business of Kerr McGee, on an ongoing basis in connection with environmental issues associated with its Chapter 11 cases, including the sale of operating assets and interim and final settlement arrangements with the US and multiple state jurisdictions. It is representing Chemtura, a diversified chemical manufacturing company with a complex corporate history, on environmental issues associated with its Chapter 11 cases including designing and implementing a nation-wide communication, liability valuation and settlement initiative. The firm also represents Berry Plastics, a plastics packaging company, on both compliance and enforcement-related matters, and mergers and acquisitions. Clients include Flying J, Readers Digest, Dura Automotive, TOUSA, Hawaiian Telecom, Muzak, Sun-Times and Visteon. Washington DC-based Walter Lohmann is the key contact and is ‘dedicated, responsive, smart, and truly takes ownership of major and complex projects’. Associate Tara Bahn is ‘responsive on tight notice, intelligent and a delight to work with’.

Latham & Watkins LLP’s ‘strong’ environment regulatory and transactional team is ‘undoubtedly one of the best’ and ‘belongs in the top tier’. The firm is present nationwide, although it is as ‘an unbeatable force’ and ‘particularly active’ in California. The firm advises national and regional multi-sector industry coalitions on emerging federal, state and regional climate change and on emission reduction credit legislation and regulation. The firm also has significant weight advising energy clients on the full spectrum of environmental transactional work, and is currently representing Edison Mission Energy in the development of the Walnut Creek and Sun Valley Power Plants. The firm is advising on the challenging issue of how to obtain emission reduction credits, including offsets, for Edison Mission Energy, and additionally advises the client on a range of work including traditional permitting issues and energy storage. It is representing Competitive Power Ventures in all aspect of permitting regarding the development of the CPV Sentinel Project, a peaking power plant to be located in Riverside County, California. It is also advising Colton Renewable Energy Center on the permitting of Colton, California green-waste facility that uses biomass to produce electric power with a near-zero carbon footprint. The firm has been instructed on all aspects of permitting concerning the development of GWF Energy’s Tracy Combined Cycle Power Plant and modification of the facility into a 314 MW combined cycle facility, and is advising the City of Vernon, California, in its acquisition of 30,000 acres of wind resources in Kern County and the development of the 297 MW Red Rock Wind Project on 12,000 acres including transmission and permitting matters with the California Independent System Operator, Federal Energy Regulatory Commission (FERC), and various federal, state and local agencies. Other highlights included representing 8minutenergy in connection with its financing entitlement requests and California Environmental Quality Act (CEQA) and National Environmental Policy Act (NAPA) compliance for the development of several photovoltaic solar energy facilities in Imperial County, California. Clients include Arizona Public Service; City of Vernon, California; Iberdrola Renewables; and Pacific Gas & Electric. Los Angeles-based Robert Wyman heads the environmental group and Washington DC-based Janice Schneider is ‘intelligent and handles regulatory matters flawlessly’.

Sidley Austin LLP’s clients find the firm ‘knowledgeable, practical and efficient – its advice never sounds like a law school legal memo’. The practice ‘bills at a fairly high rate, however the lawyers’ efficiency creates outstanding value for clients’. The firm advises a broad range of clients, from ski resorts to power plants, on transactional and regulatory matters. It recently represented Marathon Petroleum, negotiating a settlement agreement with the Sierra Club, which along with several other environmental groups had opposed the client’s $1.9bn expansion of its Detroit refinery. The environmental groups stated their intent to challenge the construction permit issued by the Michigan Department of Environmental Quality (MDEQ), however, the firm successfully negotiated the settlement agreement on terms beneficial to its client, allowing the expansion project to proceed uninterrupted. The firm also advised Marathon regarding permitting strategy and negotiations with the MDEQ over the terms of the permit. Other highlights included advising a major Chinese entity in connection with the possible acquisition of petroleum infrastructure assets in California and Texas, and overseeing environmental due diligence and risk identification and management. ExxonMobil and TransCanada have retained the firm to represent the Alaska Pipeline Project (APP) in the US, which is proposing to license and construct a natural gas pipeline from the North Slope of Alaska into Western Canada. In addition to commercial and FERC regulatory issues, it is advising the APP with respect to FERC’s environmental review of the proposed project and the other environmental approvals and permits necessary to construct and operate the pipeline in Alaska. The firm is also advising on Clean Air Act (CAA) regulatory matters and has been retained by leading trade associations and companies to comment on significant EPA national rulemakings including the Renewable Fuel Standard (RFS) program, and further represents the National Association of Manufacturers and the American Chemistry Counsel and other groups and companies including ExxonMobil and Chevron on other CAA rulemakings. Washington DC-based David Buente, Chicago-based Robert Olian and Judith Praitis in Los Angeles, lead the team. Chicaco-based Laura Leonard ‘excels in her knowledge but also in her ability to balance and judge the business needs of the operation against the environmental risk’.

The ‘excellent’ lawyers at Beveridge & Diamond, P.C. are ‘effective’ and have a ‘deep understanding of environmental regulatory matters’ and have ‘great knowledge and experience’. The firm has an ‘unparalleled reputation in Washington DC’ and has regional offices from coast-to-coast. The firm covers the full spectrum of environmental matters including CAA, Toxic and Harmful Substances (TSCA), Food and Drug Administration (FDA), Resource Conservation and Recovery Act (RCRA), National Environmental Policy Act (NEPA), water, climate change, waste management, transactional and land use issues. Previous work has included representing corporations, industry associations and municipal water systems in preparing technical comments on health-based standards related to the Surface Water Treatment Rule, the Disinfection Byproducts Rule and other major National Primary Drinking Water Regulation rulemakings. Washington DC-based Benjamin Wilson is also the firm’s managing partner. Washington DC-based Paul Hagen is recommended and represents clients on environmental measures governing product design, pollution control, and resource protection measures in the chemicals, electronics and pharmaceuticals sectors.

Bingham McCutchen LLP makes an ‘effort to understand business and business objectives’ and the team ‘provides practical, solution-oriented advice based upon a deep understanding of the relevant legal requirements and the client’s unique needs’. Although the firm ‘can be expensive’, clients also say that ‘it’s worth the big price tag’. It is advising on a number of regulatory issues, including approval of an extensive planned community on San Francisco Bay which includes a National Football League stadium; federal and state permitting for two of the largest solar energy facilities in the country;expansion of a major drinking water reservoir; obtaining the first the first federal air permit that includes limits on emissions of greenhouse gasses and negotiating power purchase and transmission agreements for over 800 MW of power. The firm is highly regarded by its clients for land use work (‘its land use attorneys are among the best’). It recently assisted Goodrich with a complex land exchange with the Port of San Diego and the City of Chula Vista that facilitated relocation of Goodrich’s aircraft manufacturing plant and the redevelopment of the Chula Vista Bayfront. The exchange involved removal of properties from the public trust, CEQA, redevelopment law, tax increment financing, environmental remediation, and required the approval of the California State Lands Commission, the California Coastal Commission and the Governor. It also represents the Oakland Athletics baseball team on with the preparation and implementation of a strategy to secure land use approvals for a new baseball park in San Jose through a City Council or citizen-sponsored initiative. Los Angeles-based Rick Rothman, Washington DC-based Michael Wigmore and San Francisco-based Barbara Schussman, who ‘proves many times over that she is without peer in her areas of expertise’, lead the team. Washington DC-based Edward Strohbehn is ‘extremely thoughtful and evaluates matters carefully and thoroughly’.

The New York-based team at Davis Polk & Wardwell LLP is a ‘major player’ in the environmental transactional space, and is especially known for advising clients in oil and gas, utilities and power generation, coal, chemical, wind, solar, other renewables and real estate development. On the climate side, it advises clients on trading greenhouse gas emissions offsets, crafting disclosure related to climate change issues for companies in affected industries, and providing regulatory advice in connection with emissions trading and related derivative products. It recently advised Noble Group, a market leader in managing the global supply chain of agricultural, energy, metals and mining resources, on its acquisition of Sempra Energy Solutions from Sempra Energy and The Royal Bank of Scotland, for approximately $317m in cash plus the assumption of approximately $265m in debt. It is also advising Cosan S A Indústria e Comércio, the largest grower and processor of sugarcane in the world and the largest ethanol producer in Brazil, on the formation in Brazil of a $12bn joint venture with Shell International Petroleum Company for the production of ethanol, sugar and power, and supply, distribution and retail of transportation fuels. Other highlights included advising Symantec, provider of storage and systems management solutions, on its $1.28bn cash acquisition of the authentication and identity security business of VeriSign, a provider of internet infrastructure services to various networks worldwide. Clients also include Citigroup, Credit Suisse, Metalmark Capital, General Motors, Shire Pharmaceuticals and Murphy Oil. Co-head Betty Huber is well known for her experience in acquisitions coupled with knowledge of environmental issues in the context of bankruptcy. Co-head Loyti Cheng has knowledge in environment-related corporate transactions.

Clients state that the team at Hunton & Williams LLP is ‘very good’ and provides ‘extremely effective’ advice. The firm has a strong reputation with energy and utility companies, which has put the group at the forefront of environmental matters in the US. In addition, it works closely with the firm’s energy and project finance teams. The group advises on regulatory and transactional matters, and has particular expertise in the CAA and Clean Water Act (CWA) issues. Other areas in which the firm specializes include RCRA, hazardous waste management, endangered species acts and wetland work. The firm has an impressive track record and it served as sole environmental counsel to parties to the second largest IPO in US history on environmental disclosure in securities filings, and advised a related purchaser on environmental risk associated with the acquisition. Bill Brownell and Kevin Finto are recommended.

Cravath, Swaine & Moore LLP’s environmental group handles financings, underwritings and mergers and acquisitions nationally and internationally across all industries. The firm also provides day-to-day counseling on environmental management and corporate governance issues, environmental issues of interest to the US Securities and Exchange Commission, shareholder relations involving environmental matters and environmental litigation. It represented World Fuel Services, a leading global fuel logistics company, principally engaged in the marketing, sale and distribution of marine, aviation and land fuel products and related services on a world-wide basis, in connection with its $200m registered offering of common stock. It is also representing Universal Health Services on its agreement to acquire Psychiatric Solutions Inc (PSI) for approximately $2bn plus the assumption of $1.1bn in PSI debt. Other highlights included representing IBM on several transactions including its agreement to acquire Netezza, a publicly held company based in Marlborough, Massachusetts, in a cash transaction at a price of $27 per share (a net price of approximately $1.7bn, after adjusting for cash). The firm also represented Bristol-Myers Squibb in connection with its $2.4bn acquisition of Medarex. Jeffrey Smith leads the team which also includes associates Matthew Morreale and Annmarie Terraciano.

Skadden, Arps, Slate, Meagher & Flom LLP’s environmental work includes domestic and international mergers, acquisitions, project financings and initial public offerings, including the evaluation and management of environmental liabilities and compliance matters, negotiation of environmental contract provisions, agreements and disclosures, and performance of due diligence audits. With regards to emission trading, the firm prepares contracts for the sale of greenhouse gas emission credits in the US and under the Clean Development Mechanism of the Kyoto Protocol, an international agreement linked to the United Nations Framework Convention on Climate Change. The firm has advised Bottle Rock Power, First Solar, DKRW Advance Fuels and other companies on the NEPA and environmental permitting portions of the Department of Environment loan guarantee and grant process. Highlights also included advising Amazon Conservation Association on carbon finance and Greenhouse Gas Protocol issues arising in connection with projects to reduce emissions from deforestation in the Americas. It is also acting for Calera, a leading carbon capture and sequestration company, on domestic and international climate change policy and regulatory matters. Other highlights included advising Coca-Cola on domestic and international Environment and Heritage Service (EHS) matters, as well as on a series of transactional matters including its agreement to acquire the North American bottling business of Coca-Cola Enterprises. Clients include US Airways, JPMorgan, Hydro-Quebec and RRI Energy. Don Frost leads the Washington DC-based team which also includes Henry Eisenberg, William Thomas and Elizabeth Malone.

Van Ness Feldman, P.C ‘deserves recognition’ and provides ‘good regulatory advice’. The firm advises on issues related to air pollution control, climate change and hazardous waste issues. It draws on its highly recognized energy expertise and is especially well known for its representation of clients in the energy space and advising on renewable energy development and compliance obligations. It also provides advice and counseling to clients in the automotive and recreational marine industries. The firm acted for a multinational oil company on the environmental and regulatory interests involved in accessing the possible oil reserves on the Arctic Outer Continental Shelf (OCS). This issue has international implications as other competitors, including Russian and Norwegian companies, which have interests in the Arctic OCS and are moving forward with accessing the oil reserves without conducting the environmental due diligence the US requires. It recently advised the Coal Utilization Research Council (CURC), a coalition focused on federal policy related to energy production using coal, on federal funding and policies affecting clean coal technologies, and carbon capture and sequestration. Highlights also included assisting Air Products and Chemicals in filing comments on EPA’s CAA rulemakings. In addition, the firm worked with the company in analyzing how its technologies and facilities would be affected by certain CAA rules and it then used its contacts with the EPA to organize meetings between representatives at the company and key EPA decision makers to discuss policy changes. Other clients include American Electric Power, California Department of Water Resources, Coalition for Emission Reduction Projects, Kinder Morgan, Transmission Developers and Toyota North America. Washington DC-based Richard Penna heads the team. Robert Nordhaus, who handles environmental regulation, CAA and climate change matters, and Steven Richardson, who handles administrative law, Endangered Species Act (ESA), CAA and NEPA work, are recommended.

Clients state that Weil, Gotshal & Manges LLP is ‘great in all aspects’ and ‘compares very favorably on both quality and value for services provided’. The team handles the environmental aspects of corporate transactions including mergers, acquisitions, divestitures, financings, restructurings, liquidations, as well as special projects involving real estate, infrastructure development, public disclosure and loan guarantees. The firm represents Motors Liquidation Company’s in-house environmental counsel on day-to-day environmental issues including those involving permitting, regulatory reporting requirements and other compliance issues. In addition, the firm has represented the client, then General Motors, in all aspects of environmental law since Motors Liquidation Company filed for protection under Chapter 11 of the Bankruptcy Code. Specifically, the firm has assisted the client estimate current environmental liabilities at each of its more than 90 owned sites in an effort to negotiate and enter into a historic global settlement of those liabilities with the US and various state governments. Highlights also included acting for Lindsay Goldberg in its acquisition of PSC, a provider of hazardous waste treatment and disposal services, industrial cleaning, environmental, remediation, and transportation services. The transaction involved investigating environmental conditions at more than 100 sites, including 15 hazardous waste treatment, storage and disposal facilities located throughout the US. The environmental team coordinated the due diligence process, worked with the buyer to ensure that it understood the environmental risks, and negotiated contract terms. Active clients also include American Securities Capital Partners, Crow Holdings, Darling International, General Electric and its affiliates, Lehman Brothers Holdings and Seacor Holdings. Washington DC-based David Berz heads the team and comes highly recommended by clients. Washington DC-based Annemargaret Connolly is also recommended and is particularly active in transactional matters.

Fulbright & Jaworski LLP advises a range of clients on transactional and regulatory matters including Union Pacific Railroad, Rowan Companies, Shell Oil and Rex Energy. The team also assists the firm’s corporate, real estate, and trust and estate attorneys with the environmental aspects of mergers and acquisitions and problems that arise from management of contaminated properties. It advised Samsung Austin Semiconductor on an air permit for a design centre, which would result in a $3.6bn investment in its Austin facility provided that the client could obtain approval for the design center under the existing air permit within a few weeks. The firm was able to develop a proposal that provided the needed flexibility for the design center, concurrent with changes authorized for the existing fabrication lines and within the framework of the existing air program. It also obtained approval of the revised air permit within the time allowed for the Austin facility to win the bid. The firm is also representing SandRidge Energy in an air contamination matter. Houston-based Eva Fromm O’Brien leads the team, which also includes Ausin-based Patricia Braddock and Houston-based Heather Corken, who is recommended for regulatory matters.

Morrison & Foerster LLP’s ‘strong’ California-based practice is ‘excellent in regulatory matters’, and is currently representing the Associated General Contractors of America (AGC) in petitioning the California Air Resources Board to extend the deadlines for compliance with new regulations requiring construction contractors to replace or retrofit their equipment. Its work for AGC has uncovered significant errors in the regulator’s emissions estimates and caused the agency to rethink its approach to the regulation. Other work included advising New United Motor Manufacturing on the environmental issues associated with the closure of its automobile manufacturing plant in Fremont, California, which included environmental remediation issues and strategic plans for the reuse of the property, and negotiations with Tesla Motors on its acquisition of the plant. On the transactional side, the team advised NUMMI on the environmental issues associated with the closure of its automobile manufacturing plant in Fremont, California, including on the environmental remediation issues and strategic plans for the reuse of the property, and negotiated with Tesla Motors on its acquisition of the plant. Robert Falk and Christopher Carr head the team from the San Francisco branch, which also includes Michael Steel. The firm has environmental partners in its Walnut Creek, Los Angeles and San Diego offices.

The environmental team at Sullivan & Cromwell LLP is ‘responsive, has good industry knowledge and although it is expensive, it is well worth every penny’. The team provides environmental advice in commercial transactions, including risk analysis, negotiations and the development of protective transaction structures and efficient indemnity and cost-sharing arrangements. It advises clients on ways to minimize environmental risks including advice concerning environmental law requirements, structuring transactions and relationships with corporate affiliates to avoid alter ego and successor liability, preparing environmental policy statements and compliance programs, and obtaining reimbursement for losses under applicable indemnities and insurance policies. It also conducts negotiations with regulatory authorities to resolve environmental issues. The firm recently represented Dynegy, first in a proposed sale to an affiliate of The Blackstone Group, and subsequently to Ichan Enterprises, in a tender offer followed by a merger. The transaction involved the negotiation of complex environmental concerns, including environmental liability covenants and emission allowances for an environmentally sensitive business owning gas, coal and oil fired generation facilities. The firm also represented a client on the sale of a large portfolio of specialized residential facilities, which involved the resolution of various environmental liability issues arising from potential historical contamination at brownfield properties. New York-based Matthew Brennan leads the team and is regarded for his support to the firm’s project finance, corporate, M&A, real estate, securities and finance groups, in evaluating environmental liabilities and risks, in structuring transactions to minimize risk and in negotiating the allocation of environmental risk between parties in transactions.

With ‘excellent capabilities in Texas’, Vinson & Elkins L.L.P. ‘provides a very good service’ and is ‘an able player for transactional and regulatory matters relating to environment’. The group has a strong reputation for securing key permits for development projects, including air permits in Texas and other states for power plants and other industrial establishments, water supply and wastewater discharge permits, and approvals for multi-state projects including pipelines and power transmission lines. It is also regarded for advising clients on structuring transactions to minimize or reduce environmental risks. It represented private equity firm Paine & Partners on environmental matters relating to its acquisition of three oilfield service companies. The acquisition involved the assessment of environmental conditions and an evaluation of environmental compliance at a large number of oilfield waste disposal facilities in five states; an evaluation of the expandability, estimated future service life, and potential remediation and closure costs at each facility; an analysis of the permitting at each facility and advice regarding the transferability of each permit; and representation of the client in negotiations with each seller, a consortium of lenders, and environmental insurance providers. Houston-based Robert Schick and Carol Dinkins lead the team.

Covington & Burling LLP’s cross-disciplinary expertise makes it ‘one of the top firms’ representing life sciences manufacturers and manufacturer associations in their needs, including regulatory and enforcement work, commercial and antitrust litigation, and corporate and finance work. The group also has ‘a rather unique practice representing states in healthcare cases’, and is also a significant player in product liability. It is ‘excellent on FDA regulations’, and expertly handles competition and antitrust matters for numerous major pharmaceutical manufacturers in the US. The firm acted for Merck & Co during FTC review of the merger with Schering-Plough, and is representing Boehringer-Ingelheim in antitrust litigation centering on price-fixing allegations. It acted for Gilead Sciences on its $120m purchase of CGI Pharmaceuticals, as well as in relation to DOJ and HHS investigations into its marketing and promotion of certain HIV treatments. The firm also has a busy transactional practice, which represented Eisai in a number of matters including a supply and distribution deal with Arena Pharmaceuticals and a drug discovery agreement with Forma Therapeutics. Astellas, AstraZeneca, Quest Diagnostics and Takeda are other clients of the practice. John Hurvitz and Richard Kingham co-chair the life sciences industry group.

Cravath, Swaine & Moore LLP is highly rated for representing life sciences manufacturers in M&A, and antitrust litigation. In January 2011, it persuaded the US District Court for the Southern District of Ohio to dismiss putative antitrust class actions alleging restraint-of-trade Sherman Act violations pertaining to the Plavix patent agreement between Bristol-Myers Squibb and Sanofi-Aventis. New York-based Richard Stark argued for both defendants. On the transactional front, the firm represented major client Bristol-Myers Squibb on the $7.4bn spin-off of Mead Johnson. It also acted for Alcon Inc on its $12.9bn merger agreement with Novartis, announced in November 2010, and represented Novartis in its January 2011 agreement to acquire Genoptix Inc for $470m.

‘A very large boutique with some very fine lawyers’, Epstein Becker & Green, P.C. is one of the grand old giants of the space, and ‘a good healthcare practice’. In particular, it has ‘a very good health plan and Washington DC practice’, and ‘what it does, it does well’. The firm represents numerous hospitals, health systems and managed care organizations, as well as health insurers, on the full range of needs including transactions and commercial advice, labor and employment, litigation and regulations. Chairman of the firm Douglas Hastings led advice to Sibley Memorial Hospital in 2010 on its absorption into Johns Hopkins Health System, and acted for both clients on regulatory approval. On the investment side, the practice represented Radius Ventures in venture capital investment into HealthSense Inc. The firm’s litigators successfully defended Nycomed Inc in Severine v Doak Dermatologics et al, a case centering on racial and religious discrimination claims, as well as alleged breaches of Food and Drug Administration (FDA) regulations and the New Jersey Conscientious Employee Protection Act. The case was dismantled through a mix of summary judgment and a two-hour jury verdict. In August 2010, the firm acted as co-counsel for Fallon Community Health Plan in overturning a Massachusetts Division of Insurance decision to reject the client’s request for approval of premium-rate increases. The firm also represents a number of educational healthcare facilities and notably won a protection order for Mount Sinai School of Medicine to ward off a subpoena for the unpublished and private correspondence of the late Dr Irving Selikof. The judgment held that private material of an academic should not be subject to subpoena if not directly involved in the litigation from which the subpoena arose. The firm also advises life sciences manufacturers on issues such as Medicaid reimbursement, FDA approvals and interaction, the Health Insurance Portability and Accountability Act (HIPAA), and federal and state rules. Steven Epstein and New York-based Jeffrey Becker, two of the founding partners, are ‘strong and very senior lawyers’, with the latter particularly well regarded for his corporate and transactional capabilities. Healthcare fraud expert David Matyas is ‘a real leader and very strong on the law’.

Hogan Lovells US LLP’s comprehensive US practice spans the healthcare service provider and life sciences manufacturing sectors, while the firm also has the scope to advise on regulations and transactions internationally, particularly in the UK and EU. The group has a robust practice representing hospitals and health systems on M&A, corporate governance and commercial needs: such clients include Advocate Health System, Fred Hutchinson Cancer Research Center, University of Miami, University of Cincinnati Health Systems and State University of New York. It advises Colorado Health Facilities Authority on bond issues for hospitals and care facilities, and is a significant adviser to industry organizations including the American Hospital Association, the American Physical Therapy Association, and Pharmaceutical Research and Manufacturers of America. The firm represents pharmaceutical manufacturers on rebates, pricing and Medicare-related issues as part of commercial relationships with other parties in the healthcare space. It is ‘strong on regulations’, and has a busy FDA advisory practice, in which the highly regarded expert Robert Brady – ‘a fine person and a very good lawyer’ – advises clients on new drug trials, applications, best practice, and marketing and promotion of pharmaceuticals and cosmetics. The firm also advises manufacturers on antitrust matters, including representing Amcor during a DOJ investigation into its purchase of Alcan’s flexible medical packaging business, and obtaining approvals for Genzyme’s acquisition of several drug licenses from Bayer Healthcare. Robert Leibenluft – a healthcare and antitrust specialist who led on the Genzyme matter – also represented UnitedHealth Group Inc and PacifiCare Inc in a Seventh Circuit appeal against summary judgment in a case alleging price-fixing and fraud under the Medicare Part D program. Thomas Bulleit is ‘very strong’ on healthcare compliance, reimbursement, and fraud and abuse issues including anti-kickback and false claims. The firm also has an extensive IP litigation practice. It also represented Medtronic Inc in a Minnesota district court liability lawsuit brought by a third-party payor. The group’s litigators are ‘very effective in negotiations and know their science’.

Kaye Scholer LLP fields life sciences teams for contentious and non-contentious work, mixing representation of major manufacturers with a selection of fast-growing newer players, and also some venture capital and private equity investors. On the contentious side, the firm’s focus is on government investigations and key antitrust cases; it is also very strong for product liability and IP. In 2010, the firm represented a major manufacturer in price-fixing allegations brought by pharmacies in California and advised the same client on competition and regulatory approvals for an acquisition. The firm is also defending AstraZeneca and its subsidiary Tika Läkemedel AB in a $1.28bn case brought by Verus Pharmaceuticals Inc, alleging fraud and breach of contract in relation to development rights for a pediatric asthma treatment. The firm succeeded in having the case dismissed, which Verus appealed. Recent transactional highlights include advising Sandoz on acquiring Oriel Therapeutics, and acting for Novartis on a discovery and development collaboration with Array BioPharma Inc, initially worth $45m with possible milestone payments of $422m plus royalties. Former Pfizer general counsel Allen Waxman chairs the life sciences group and is very highly rated. Adam Golden heads the life sciences transactions team and is ‘a very talented life sciences adviser. He works on all aspects of life sciences from partnering transactions to capital raising and M&A’. The firm recruited life sciences transactional expert Andres Liivak from Reed Smith LLP in 2010. All of the attorneys recommended above are based in New York.

With ‘a lot of good lawyers in a lot of places’, and a ‘very deep and broad practice’, McDermott Will & Emery LLP ‘fields a team of high-quality attorneys with deep expertise in their specialties and with a commitment to excellence and client service’. This ‘thoughtful and constructive’ practice prolifically represents healthcare service providers, investors, insurers and life sciences companies in transactions, regulatory advice, and litigation, and has a busy IP practice. In July 2010, the firm moved to enhance its FDA group when it hired James Cohen as head of its FDA practice in Washington DC. Cohen joined from Buchanan Ingersoll & Rooney, having earlier spent a 17-year tenure in various roles at the FDA. Recent highlights include representing Caritas Christi Health Care System during its $850m sale to Cerberus, a deal which moved the client from non-profit to for-profit status. The firm has been heavily involved in hospital M&A, and represented Vanguard Health Systems on its $1bn acquisition of Detroit Medical Center, the largest such deal by value in 2010. It also acted for Lenox Hill Hospital in completing its sale to North Shore-Long Island Jewish Health System, and advised Wuesthoff Health Systems on an agreement to sell its healthcare facilities and operations to Health Management Associates. Other transactions included representing Virginia Commonwealth University Health System on its acquisition of the Children’s Hospital in Richmond, Virginia; handling various matters for Tenet Healthcare; and providing commercial and corporate services to care organizations including Surgem. The group advised hospitals and academic institutions in New York City on Federal Insurance Contributions Act tax issues pertaining to stipends. On the insurance side, the group has been advising 11 major health plans on health reforms, and acted on the sale of Preferred Health Systems. Advice to research institutes and contract research organizations (CROs) is another area of expertise, in which clients include Sarah Cannon Research Institute and Addario Lung Cancer Medical Institute, while data protection and related electronic issues is another area of focus. Antitrust work included advising a 13-hospital health system on anti-kickback and Stark Law compliance, and representing a client in a qui tam case under the False Claims Act. The firm represents life sciences manufacturers on various needs, including defending Amgen in several qui tam federal court cases and advising LenSx Lasers on interim financing and licensing agreements with Lawrence Livermore Laboratories. The firm represented Endo Pharmaceuticals as regulatory counsel on a private offering of $400m of unsecured senior notes. The sizeable practice’s lawyers ‘understand the healthcare industry and give practical, strategic and legally sound advice’. In Los Angeles, Ira Rappeport is regarded by some as ‘the best transactional lawyer in the business’, while Gary Gertler attracts praise as arguably the ‘most practical, knowledgeable legal adviser in healthcare’. Boston-based Christopher Jedrey is ‘extremely well versed in healthcare law’, ‘an excellent strategic partner who is creative and looks at the big picture’, and has ‘expertise in academic medical center issues, and hospital/physician transactions’. Eric Zimmerman, who co-chairs the life sciences government strategies team, is recommended for government regulations and representation before agencies. Boston-based Charles Buck is ‘an excellent technical lawyer’.

Sidley Austin LLP provides corporate, finance and dispute advice to life sciences companies, and has built a substantial body of product liability cases. The practice’s scope encompasses government enforcement, FDA regulatory work, Medicare and Medicaid reimbursement advice, Foreign Corrupt Practices Act cases and a ‘solid understanding of fraud and abuse laws’. GE Healthcare is a major client, for which it acted on the acquisitions of Mepha AG and MedPlexus Inc plus a series of strategic investments. It also advised Ardent Health Services and Eli Lilly on due diligence for transactions and represented Eli Lilly on reimbursement and FDA regulatory issues concerning new product launches. The team advised Actelion on launching Tracleer, including advising on HIPAA and Health Information Technology for Economic and Clinical Health Act (HITECH) laws associated with a patient support program. In Alley v Department of HHS, the firm acted for the American Medical Association as intervener to persuade the Eleventh Circuit to vacate a ruling by an Alabama federal district court that had required disclosure of records identifying Medicare reimbursements paid to individual physicians across five states. The firm is also a significant player in litigation regarding average wholesale prices, representing AstraZeneca and Bayer Corporation, and in Massachusetts has been defending Johnson & Johnson in a False Claims Act case pertaining to market share rebates and contracting practices. Healthcare law specialist William Sarraille demonstrates ‘excellent knowledge of the industry and laws; and is precise, diligent and determined’. Sarraille, Paul Kalb and Coleen Klasmeier continue to represent major clients in FTC and FDA investigations over pricing, discounting, alleged off-label promotion and other issues. Securities litigation and SEC enforcement chair Paul Gerlach has a ‘very sharp, analytical mind, and very good knowledge of enforcement authority practice’. Chicago-based corporate partner Pran Jha is recommended for deal-side representation.

Sullivan & Cromwell LLP brings strength from its capital markets and M&A work to the life sciences sector, where it works prolifically for many mid-sized and large pharmaceutical, biotech and diagnostics manufacturers. Highlights from 2010 included representing HCP Inc on two issues of common shares totaling over $900m; acting for Eisai on its $255m acquisition of AkaRx Inc; and for Biovail on its $3.6bn merger with Valeant. In the health information space, it advised IMS Health Inc on its $5.2bn acquisition by TPG Capital and Canada Pension Plan. The group also works for two major managed care organizations on Medicaid issues. It also handles some litigation, including representing Alcon Inc in a share purchase dispute arising from Novartis’ acquisition of shares in Alcon, and defended Novo Nordisk in a Lanham Act false advertising case brought by Sanofi-Aventis. New York-based Keith Pagnani is ‘extremely creative and very knowledgeable’.

Although it is primarily known as a Washington DC practice, in fact half of Arent Fox LLP’s 28 healthcare attorneys are based in New York and Los Angeles, giving the firm a good range of coverage. The firm’s managed care clients say the ‘healthcare team possesses incomparable depth of knowledge’. Los Angeles-based practice chair Lowell Brown has worked to broaden the firm’s healthcare coverage beyond its traditional regulatory expertise. In the same office, Thomas Jeffry’s arrival from Davis Wright Tremaine LLP in 2009 significantly deepened expertise in compliance and corporate transactions. The firm represents many health systems, hospitals, hospices, and long-term care facilities, and also handles litigation for manufacturers. The California group handles Medicare and Medicaid issues and staffing matters for St Joseph Health System and advises Kaiser Permanente – an integrated health system spanning 26 hospitals and 3,000 physicians – on regulatory compliance, ethics, and labor litigation. Its Washington DC team continues to represent Fresenius in false claims and related litigation and investigations, and advises Teva North America on compliance and pricing issues. The New York team’s recent work includes advising Dialysis Corporation of America during its $110m acquisition by US Renal Care, a deal creating an entity with 84 dialysis centers nationwide. Clients recommend Connie Raffa and litigator David Wynn as being ‘adept at understanding the scope of the problem, and in designing and revising strategies to address the problems at hand’. Raffa is ‘very knowledgeable on all areas of federal and state laws pertaining to hospices’, and provides ‘superb analysis and sound advice’.

Cooley LLP is ‘very strong, very sophisticated’ for life sciences venture capital investments, licensing and corporate partnering, with Palo Alto-based Robert Jones identified as a key figure for this type of work. Jones’ biotech clients include Exelixis, Gilead Sciences, Kosan Biosciences and Onyx Pharmaceuticals.

King & Spalding LLP is ‘a fine firm’ with a dedication to the healthcare sector. Its FDA/life sciences and healthcare practice groups provide corporate and commercial services, and finance, regulatory, investigations and litigation support for hospitals and health systems, health plans, pharmacies and manufacturers. It also has a prominent product liability practice. Dennis Barry is a highly regarded Medicare and Medicaid expert, who is part of a team representing over 700 hospitals in litigation over Medicaid payment rates for in-patient treatments. The firm’s life sciences litigators are ‘terrific – first-rate lawyers, closely aligned with the client’s objectives; dedicated, responsive, and able to work with a whole lot of moving pieces and to see the big picture; excellent judgment’. Atlanta-based Richard Shackelford represents manufacturers and healthcare service providers in False Claims Act and Stark Law cases. Transactional highlights included advising Detroit Medical Center on selling its assets – including six hospitals – to Vanguard Health Systems, and acting for BioScrip on its $348m acquisition of Critical Homecare Solutions Holdings.

Latham & Watkins LLP ‘brings a lot of experience to the table, both in terms of pharma or biotech partnering transactions and for capital raising and M&A as a public company’. It is very active in government enforcement, investigations and litigation, particularly with regard to False Claims Act and reimbursement matters. It fields ‘excellent lawyers for complex matters’ in venture capital, biotech and healthcare provider spaces, including corporate partnering, licensing and fund raising. The group represents hospital operator HCA Inc in investigations and litigation, and advised Adventist Health on participating in a hospital construction project in Willits, California. It acted for Advocate Health Care on acquiring Condell Medical Center and represented Univita Health on regulatory aspects of buying Atenda Healthcare Solutions. Other clients include HCP Inc and the hospital associations of south California, and north and central California. In life sciences, the firm represented Complete Genomics and Codexis on their Nasdaq IPOs, and advised Amgen on a note offering and the multi-jurisdictional $130m disposal of three biologics to Biovitrum. The group acted for Cerberus on regulatory aspects of its buyout of Caritas Christi Health System. W Andrew Gantt advises on e-health and data privacy matters. In Menlo Park, Alan Mendelson is a highly regarded veteran of the venture capital sector who is ‘a very good biotech lawyer’, and Judith Hasko is ‘a terrific life sciences transaction lawyer and, in addition, really knows the nuts and bolts of biotechnology and chemistry’. Corporate partner Craig Garner in San Diego is ‘a good presence as an adviser and has the ability to help lead a transaction team while never losing site of the key business objectives of the particular project’. Los Angeles-based Daniel Settelmayer brings ‘broad experience and expertise’ to transactions.

Ober Kaler has an excellent reputation for regulatory and investigations work, particularly concerning antitrust, Stark and anti-kickback laws. It is ‘very strong on compliance’, with ‘particular expertise on Medicare’ and Medicaid fraud and abuse and reimbursement issues. An expert on such matters, Baltimore-based Sanford Teplitzky heads the practice and is ‘probably the best attorney out there for internal investigations; he really is a very good lawyer’. The firm deepened its 40-lawyer healthcare team by recruiting transactional and regulatory attorney Robert Clark from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. in May 2010.

Litigation powerhouse O’Melveny & Myers LLP represents major health insurers and some life sciences manufacturers in regulatory matters, litigation and government investigations. Washington DC-based Brian Boyle and Los Angeles-based Michael Maddigan co-chair the practice, which has been representing Humana Inc on several matters including Uhm et al v Humana Inc, a successful Ninth Circuit appeal court case affirming dismissal of a Medicare consumer protection and fraud lawsuit. Wellpoint Health Networks is also a client in several matters, including an ongoing ERISA litigation centering on a patient’s allegations of wrongful denial of emergency transportation benefits.

Paul, Hastings, Janofsky & Walker LLP’s three-partner practice represents health systems and medical centers in M&A and commercial negotiations. San Francisco-based Gayl Westendorf advised Sutter Health on creating a physician contracting network of more than 1,100 employees and acted for Catholic Healthcare West on creating an integrated hospital and physician healthcare system in Nevada. The group also advised Cedars-Sinai Medical Care Foundation and the Cedars-Sinai Heart Institute on their affiliation with business partners.

Polsinelli Shughart is ‘going gangbusters in building a practical, flexible healthcare practice with Midwest pricing’, and has offices across the Midwest and in Washington DC. It represents investors, scientific institutions and manufacturers on their financing, corporate and M&A activities, and has a practice representing hospitals, long-term care facilities, health systems and – particularly notably – more than 200 physician groups on day-to-day corporate needs and transactions, and regulations including Stark, anti-kickback and HIPAA legislation. It also has a sizeable patent prosecution practice. Chicago-based Fredric Entin, a former general counsel of the American Hospital Association, is recommended.

Proskauer Rose LLP’s healthcare team is ‘strong, knowledgeable and dependable’, and its lawyers give ‘good, reasoned advice’. In part, this is because the firm represents certain state Medicaid agencies alongside its private-sector clients, which include hospital systems, health plans, investment firms and medical facilities. Recent matters include advising Sumner Regional Health Systems on its Chapter 11 filing and the $145m sale of LifePoint Hospitals Inc, and representing William J Clinton Foundation in spinning off its healthcare access programs. Other clients include Beth Israel Medical Center, Senior Health Partners Inc and Alabama Medicaid Agency. The firm is primarily recommended for its transactional and regulatory advice, but also handles some litigation, particularly on False Claims Act cases. New York-based Edward Kornreich is ‘outstanding on compliance and physician employment issues’, demonstrates ‘depth of knowledge and ability to bring creative solutions to complex issues’, and is, according to one client, ‘the consummate lawyer’s lawyer – I wish there were four Ed Kornreichs’. Malcolm Harkins is ‘very effective’, and New York-based practice chair Richard Zall is a ‘go-to person for healthcare matters. He provides thoughtful comments and commonsense legal advice’. ‘Responsive, thoughtful’ senior counsel Elizabeth Mills in Chicago is ‘an outstanding attorney’, who joined from McDermott Will & Emery LLP in 2009.

‘An excellent national healthcare practice,’ Reed Smith LLP represents an eclectic mix of clients – from venture capital investors to pharmacy chains, manufacturers to managed care providers – across their corporate, finance, regulatory, investigation and litigation needs. The firm displays ‘in-depth knowledge of the complex healthcare regulatory and licensing environment, and provides practical advice from a great team of professionals’. Clients include Abbott Laboratories, AstraZeneca, CVS, HCR ManorCare, HealthSouth Corporation, Johnson & Johnson, Kindred Healthcare, Life Care Centers of America, and Omnicare. Recent highlights include a multibillion-dollar manufacturer acquisition and representing DJO Inc – an orthopedics company owned by Blackstone Group – on two bond offerings totaling $450m. Practice vice-chair Carol Loepere displays the ‘ability to coordinate complex transactional requirements in multiple states in the healthcare regulatory context – she works very well with in-house and local counsel to accomplish complex goals’. Elizabeth Carder-Thompson and senior counsel Kathleen McGuan have ‘very high industry acumen and knowledge, are very high on client service, and are practical and business minded’. Eric Dubelier has ‘great subject matter knowledge’ for False Claims Act advice and government investigations.

Ropes & Gray LLP represents life sciences clients and healthcare service providers in government investigations and regulatory litigation. It assisted Pfizer with reaching a settlement with federal and state governments over a series of civil and criminal law allegations. It acted for Merck & Co (and Schering-Plough before it) in reaching a $69m Medicaid damages exposure settlement with the US, Florida and California in a qui tam case under the False Claims Act. The group continues to represent IASIS Healthcare – a 16-hospital health system – in a False Claims Act case ongoing since 2006, in which a qui tam relator alleged breaches of the Stark and anti-kickback statutes. Other representations include Stryker Biotech and Elan Pharmaceuticals in consumer fraud cases centering on marketing practices. Boston-based Brien O’Connor and Joshua Levy are key figures.

Shearman & Sterling LLP’s healthcare practice primarily represents life sciences manufacturers and distributors in government investigations, M&A and capital markets work, as well as litigation – where it is ‘excellent on all fronts’ – on matters such as antitrust and false advertising. It also has some work with insurers and healthcare service providers. San Francisco-based litigator and practice co-chair James Donato joined from Cooley LLP in July 2009. Having brought with him his relationship with Covidien, Donato defended the client in an antitrust class action brought by hospitals and distributors to challenge the use of purchase agreements with other customers; the case was settled favorably in 2010. The firm also represented LMA International in a Lanham Act deceptive trade case, and Sun Pharmaceutical in its protracted battle to acquire Taro Pharmaceuticals. On the capital markets front, it acted for WebMD on its $242m share repurchase program, and advised Boston Scientific on a $2bn notes issue and its $489m sale of Advanced Bionics Corporation to Sonova Holding.

Skadden, Arps, Slate, Meagher & Flom LLP primarily represents life sciences manufacturers, although the firm also has some noteworthy healthcare service provider and health plan clients. It handles corporate, finance and litigation matters plus regulatory compliance and government enforcement, with its greatest value lying in its role as a go-to option for difficult litigation or for one-off, high-end deals. The firm represents numerous pharmaceuticals manufacturers in commercial and antitrust litigation, and is known for its product liability coverage, particularly in the mass tort context. Recent highlights include representing Biogen Idec in contract dispute with Elan over Tysabri multiple sclerosis drug, and Endo Pharmaceuticals Holding in cases arising from its acquisition of Penwest Pharmaceuticals. The group also won a Third Circuit ruling affirming the dismissal of securities fraud charges against Frederick Schiff, former CFO of Bristol-Myers Squibb. Transactional highlights from 2010 included representing Micrus Endovascular Corporation on its $480m sale to Johnson & Johnson, and Wilmington-based Robert Pincus advising OSI Pharmaceuticals on its $4bn sale to Astellas. The licensing practice advised Regeneron Pharmaceuticals Inc on a research and development agreement with Sanofi-Aventis, and Endo Pharmaceuticals on a North American licensing deal with Vernalis plc. Gregory Luce is a highly regarded regulatory expert and litigator who is ‘excellent for compliance work’, including fraud and abuse, false claims and Medicare/Medicaid reimbursement disputes. Healthcare service provider clients include New York-Presbyterian Hospital, which the firm represented in antitrust class actions brought in the DC district court, while health plan clients include Tenet Healthcare Corporation.

Winston & Strawn LLP’s Washington DC healthcare team is recommended first and foremost on the strength of its investigations and litigation capability, including acting for physician-owned service providers across 20 states – United Prostate Centers LLC, United Urology Centers LLC, United Shockwave Services and United Therapies LLC – on a Stark law investigation by the Office of the Inspector General at the Department of HHS. The firm also represented Wyeth (now part of Pfizer) in dismissing an antitrust action originating out of a long-running patent dispute over K-Dur medication. The Chicago office acted for Northwestern Medical Faculty Foundation on commercial disputes including breach of contract. On the non-contentious side, the firm handles finance and capital markets matters, acting on $250m and $200m notes offerings by Fresenius and Omega Healthcare, respectively, and advising on Aveta’s $350m credit facility with Bank of America. Thomas Mills chairs the practice.

DLA Piper LLP’s healthcare and life sciences practices field lawyers with diverse skills and experience. The firm expanded its resources in April 2010 when it hired five partners and four other attorneys to join the Sacramento office from the now-defunct firm of McDonough Holland & Allen PC. Among the new arrivals was litigator Stephen Goff, who also doubles as one of three co-chairs of the healthcare practice; the other co-chairs are Kimberly Egan and senior policy advisor Senator Thomas Daschle in Washington DC. The firm’s clients include healthcare service providers, insurers, teaching institutions and research organizations, manufacturers and physician groups on their corporate, finance, regulatory and litigation needs, part of which includes product liability and IP matters. Recent highlights include advising Ascent Healthcare Solutions on its $565m sale to Stryker, and Johns Hopkins Health System on its acquisition of Sibley Memorial Hospital and its affiliates. In litigation, it represented Sutter Health and Eden Medical Center in Alameda County Superior Court to win summary judgment against Eden Township Healthcare District, which had sought to invalidate a $300m hospital construction and leasing agreement.

Davis Wright Tremaine LLP is ‘committed to the healthcare space’. It is particularly ‘a real force in California’ and, more broadly, along the West Coast, although it also has a team in Washington DC. The group comprehensively represents healthcare service providers and research institutes on their regulatory, transactional and litigation needs. Recent clients include Seattle Children’s Hospital and Providence Health Systems. On the life sciences side of the industry, the firm is most noteworthy for its busy commercial licensing and investments practice as well as patent prosecution and litigation. Highlights included advising Kaiser Venture Group on investments, and advising Catholic Healthcare West and Cedars-Sinai Medical Center on their technology transfer programs. Seattle-based Robert Homchick chairs the national healthcare practice, and is an expert on the Stark Law and state equivalents, as well as regulatory compliance and fraud and abuse. Four former partners left the firm to join Hooper, Lundy & Bookman, PC at the start of 2011.

Although it acts for some hospitals across the US and for Omnicare, Dewey & LeBoeuf LLP is recommended on the strength of its representation of pharmaceuticals, medical devices and biologics manufacturers in corporate finance, licensing and partnering deals, clients for which the firm also handles some litigation. Underwriter representation is also a sizeable part of the life sciences practice. In 2010, the firm acted for Novartis to purchase shares in Alnylam Pharmaceuticals and represented Merz Pharma on its $253m cash tender offer to acquire outstanding shares in BioForm Medical. New licensing clients include ProNovo and Axcan Pharmaceuticals. The practice is representing Organon Teknika in a Seventh Circuit appeal originating from a royalties arbitration with the University of Illinois. Stanton Lovenworth heads the practice from New York.

Drinker Biddle & Reath LLP has a ‘really good regional practice’ centered on Chicago and Milwaukee, with a regulatory practice in Washington DC. Chicago-based Douglas Swill chairs the health law practice group, which has extensive scope encompassing clinical research to manufacturing, as well as acute and long-term care facilities, medical monitoring, managed care organizations and medical staff. The group handles regulatory matters such as compliance and reimbursement, as well as financing, corporate and commercial issues, and day-to-day operational matters.

Foley & Lardner LLP’s practice is substantial in California and across the Midwest, where it handles litigation and transactional matters for healthcare service providers, health systems and pharmacy chains. Litigation work includes representing CVS Caremark in a contractual pricing dispute in the Eastern District of Pennsylvania, and Wellpoint in several cases, among which are rates payment cases including a Northern District of Illinois class action brought by chiropodists from across the US. The firm recruited Chicago-based Lisa Noller from the US attorney’s office for the northern district of Illinois. The transactional team has been busy advising on health system M&A across the Midwest as well as on the formation of, and other issues relating to, ACOs.

Fulbright & Jaworski LLP runs a well-respected practice for which Texas is a natural stronghold, but with coverage and a client base that extends nationally. Work spans a range of litigation, government investigations, corporate, finance and regulatory advice. The practice’s primary clients are major hospital systems in the non-profit and for-profit sectors, as well as individual medical facilities including academic centers. Additionally, the firm represents a number of pharmaceutical and medical equipment manufacturers. Clients include ArthroCare, Abbott Laboratories, Baylor College of Medicine, Baylor Health Care System, CHRISTUS Health, Memorial Hermann Hospital System, Methodist Hospitals of Dallas, and Tenet Healthcare. Austin-based Jerry Bell heads the practice, which is co-chaired by Robert Swift in Houston.

Gibson Dunn advises a mix of health systems, insurers and manufacturers on higher-end transactions and on litigation pertaining to insurance, false claims and reimbursement, as well as patents and product liability. Recent highlights include achieving DOJ dismissal of an Eleventh Circuit appeal in US v Sulzbach, in which the firm represented a former general counsel of Tenet Healthcare in a false claims case relating to a reimbursement claim submitted by a subsidiary hospital. The firm represents Aetna in a number of cases and class actions pertaining to health plan coverage, and recently won a Ninth Circuit appeal for the defendant, Covidien, in which plaintiffs had sued for $400m restitution after alleging that the client had monopolized the pulse oximetry sensors market. On the transactional front, highlights included acting for St Jude Medical on its $1.3bn acquisition of AGA Medical and advising Quidel Corporation on its $130m purchase of Diagnostic Hybrids. Los Angeles-based Kevin Rosen and Dallas-based Robert Krakow are the healthcare and life sciences practice co-chairs.

Groom Law Group is recommended specifically for its extensive representation of healthcare industry entities in labor and employment matters, such as advising or litigating on employee benefits programs for retired medical workers or insurer health programs. Clients include Blue Cross & Blue Shield Association, Pfizer, Prudential Financial and UnitedHealth Group. Practice head Christine Keller is ‘very good and pragmatic, and has a very deep and up-to-date knowledge of ERISA’.

California-based healthcare boutique Hooper, Lundy & Bookman, PC has undergone a period of significant growth since the start of 2010. Among several moves, the firm opened its doors in Washington DC – its first presence on the East Coast – and recruited healthcare compliance, fraud and litigation expert Robert Roth from Crowell & Moring LLP as managing partner of the new office. It also bolstered its resources in San Francisco by recruiting M Steven Lipton, Harry Shulman, Paul Smith and W Clark Stanton – specialists in healthcare service provider representation across northern California – from Davis Wright Tremaine LLP in January 2011. The firm’s work includes having represented Methodist Hospital of Southern California in a reimbursement dispute with Blue Cross of California and Anthem Blue Cross Life & Health Insurance. The California Hospital Association is also a client. Founding partner Lloyd Bookman is an expert on Medicare and Medicaid issues.

Primarily known for its strong coverage of the West Coast, particularly from San Francisco and Los Angeles, Manatt, Phelps & Phillips, LLP’s ‘well-respected practice’ also has a substantial presence in New York and Washington DC. As with other comprehensive healthcare practices, the firm provides advice and litigation support on antitrust, corporate, commercial, financing, Medicare and Medicaid reimbursement and compliance and other regulatory issues. It represents hospitals, medical centers, insurers, and pharmaceutical and biotech manufacturers, among which are Aetna, Ascension Health, Blue Shield of California, Memorial Sloan-Kettering Cancer Center, Merck & Co, Pfizer and Tenet Healthcare. Notably, the firm also maintains as an adjunct Manatt Health Solutions strategic and advisory division. William Bernstein chairs the practice from New York, while San Francisco-based Daniel Higgins advises healthcare service providers on corporate matters.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., primarily centered on Boston and Washington DC, provides corporate, compliance, finance and regulatory advice to healthcare service providers including hospitals, long-term care facilities, testing and ambulatory services. It also represents insurers and health plans, manufacturers, pharmacies and distributors as part of a comprehensive package of services. Clients include Caris Diagnostics, CVS Caremark, Immogen, Kindred Healthcare and Voyager HospiceCare. On the investment side, clients include venture capital and other funds, banks and underwriters. The well-regarded Stephen Weiner in Boston replaced Robert Clark as head of the healthcare practice after the latter departed to Ober Kaler in 2010. In the same office, biotechnology head Jeffrey Wiesen is admired for his practice.

Morrison & Foerster LLP is recommended specifically for its corporate and finance services to life sciences clients, but is not a major force in the healthcare service provider or health plan space. Its litigation capabilities primarily focus on IP and product liability – both of which are core competencies for the firm. Michael Braun in New York and Mika Mayer in Palo Alto led advice to Astellas Pharma Inc on its $4bn offer for OSI Pharmaceuticals, notable as being the first successful unsolicited tender offer by a Japanese company for a target in the US. Among other work, it acted for McKesson Corporation on renewing its $1.1bn securitization facility. Stephen Thau heads the practice, which recruited life sciences corporate lawyer Michael O’Donnell from Wilson Sonsini Goodrich & Rosati in February 2011. Both attorneys are based in Palo Alto.

Seyfarth Shaw has built a major practice representing hospitals and hospital systems in wage-and-hour disputes. Among others, it acts for Boston Medical Center, Caritas Christi Health Care System, Heritage Enterprises, Jackson Park Hospital, Medisys Health Network Inc and Northwestern Memorial Hospital, all of which it is representing in state and federal actions alleging wage-and-hour violations. The firm provides comprehensive legal services to clients such as NorthShore University HealthSystem and provides financing and compliance advice to MidCap Financial LLC as part of its commercial lending to healthcare providers. The firm routinely advises clients on reimbursement and antitrust issues including compliance with Stark and anti-kickback legislation. Century City-based Jeffrey Berman and of counsel Joan Smiles are ‘very competent in HR and wage-and-hour issues’, and instill ‘total confidence’ among clients. Chicago-based practice co-chair Deborah Gordon is ‘always very good. She has a broad depth of experience in the healthcare finance field, is always very responsive, and is particularly good in contentious negotiations’. Labor and employment specialists Thomas Kaufman and Michael Gallion were among three attorneys who departed to Sheppard, Mullin, Richter & Hampton LLP in 2010.

Sheppard, Mullin, Richter & Hampton LLP’s healthcare practice group is ‘excellent, with tremendous depth of knowledge’, and is particularly valued for its labor and employment practice. It strengthened its resources in 2010 by hiring three partners from the Century City offices of Seyfarth Shaw – among these, Thomas Kaufman and Michael Gallion represent Kaiser Permanente and WellPoint Inc. A senior associate arrived from Fulbright & Jaworski LLP to follow on from the recruitment of regulatory compliance expert Ken Yood in August 2009. Hospitals, hospital systems and physician groups form a core client base, among them MemorialCare Health System and Hoag Memorial Hospital Presbyterian, and the team acted for Talbert Medical Group on its April 2010 merger with Healthcare Partners. The team also represented University of California – San Francisco and Campus Facilities Improvement Association on establishing a $200m neuroscience research facility at Mission Bay. Although many of its clients fall within California’s sprawling healthcare industry, the group nonetheless operates nationally and has been representing a large client in New Mexico on an improvement program, and advising managed healthcare provider Aveta Inc on a credit refinancing. Richard Simmons in Los Angeles is ‘absolutely the expert on wage-and-hour laws’. Practice head Eric Klein in Century City is ‘a wonderful negotiator, creative, experienced, and skillful. Due to his depth of experience and knowledge, it takes very little time to get Eric up to speed on even the most complex issues’.

Venable LLP represents life sciences manufacturers, healthcare service providers and investors, but a large part of the practice is on the health plan side, where its recent representations include the corporate restructuring of a major East coast health insurer. The firm also acted for a health education institute as issuer in a large bond raising, and advised an investment firm on its acquisition of the assets of a retirement care community operator. Robert Zinkham heads the practice, in which clients recommend Constance Baker, whose ‘expertise in health and medical staff law is encyclopedic’. Both attorneys divide their time between Washington DC and Baltimore. Washington DC-based Ted Ramirez is ‘very thorough, responsive and reliable’, and Baltimore-based Peter Parvis is also recommended.

Simpson Thacher & Bartlett LLP has a broad-based insurance practice acknowledged by peers as being ‘pre-eminent’ and ‘first rate’. The team, led by Barry Ostrager (‘one of the best lawyers in the country’), represents insurers in complex coverage and reinsurance matters. Signficant matters in 2010 included successfully representing United States Fidelity and Guaranty, and St Paul Fire and Marine Insurance (collectively USF&G) in a matter arising from a substantial settlement in relation to asbestos-related bodily injuries, with American Re (now Munich Reinsurance) and other insurers (part of the Excess Casualty Reinsurance Association (ECRA)) having raised defenses against any payment towards the settlement. The firm also represented Travelers Casualty in opposing Skinner Engine’s reorganization plans (under Chapter 11 of the Bankruptcy Code); the proposed plans would have resulted in payment of underlying asbestos-related claims against Skinner and precluded Travelers from contesting a claimant’s demand for compensation, and the firm successfully protected Travelers by persuading the Bankruptcy Court to convert the Chapter 11 case to one under Chapter 7. New engagements for the firm include representing Swiss Re in defending its contractual rights under a facultative certificate, and AXA-Equitable in connection with reinsurance arbitration against a Bermuda reinsurer. In terms of individuals, New York-based Mary Kay Vyskocil is ‘among the best’, while other ‘standouts’ include Andrew Amer and Lynn Neuner.

Chaffetz Lindsey LLP is a boutique firm that provides clients with ‘sophisticated’ expertise, with reinsurance a main focus. Launched in 2009, the firm continues to receive instructions from major names in the industry seeking its expertise in reinsurance, litigation and international arbitration. Recognized name Peter Chaffetz heads the insurance and reinsurance practice with Charles Scibetta and Cecilia Moss also playing pivotal roles; all are formerly of Clifford Chance. Key elements of the practice include asbestos-related matters, commutation, financial insurance and finite risk reinsurance. Moss is currently advising on cases involving the reinsurance of insurance-wrapped RMBS and variable-demand obligations, while Chaffetz led a team in the successful defense of a foreign life insurer in a putative securities class action emanating from losses in client funds involving indirect investment in Bernard L Madoff Investment Securities. The firm also represented the solvent UK subsidiary of a financial guarantee insurer in insolvency proceedings commenced against its US parent, and ultimately in the commutation of a 90% quota share reinsurance contract. Other clients include Republic Mortgage Insurance and Kingate Management.

Choate, Hall & Stewart’s insurance practice has grown from its direct coverage work and is now well recognized in the reinsurance space. The firm represents carriers, reinsurers and cedents as well as insurance brokers, and is regularly sought out for ‘matters of the highest complexity and significance’. Co-chair of the insurance and reinsurance group David Attisani is singled out as an ‘extremely effective reinsurance dispute lawyer’, ‘skilful’ and able to ‘provide a responsive service and imaginative advice’. In addition, senior partners are ‘supported by a first-rate team’. Active clients include AIG (now known as Chartis), AXA, Liberty Mutual, Travelers and Swiss Re. Key matters included representation of a major US ceding company in securities-related litigation; a retrocessionaire in international reinsurance arbitration arising out of hurricane losses; and also a US insurer in connection with insolvency proceedings. John Nadas is recommended for his ‘out of the box thinking’, and recently led a team in successfully representing CIGNA in False Claims Act litigation.

Dewey & LeBoeuf LLP, with nine offices across the US, has built an ‘outstanding’ reputation for its insurance and reinsurance work, with its dispute resolution practice bolstered by the firm’s regulatory and transactional expertise. Head of the insurance and reinsurance disputes practice John Nonna receives praise as a ‘very senior, trustworthy and competent advisor’ who ‘knows which strings to pull and in what way’. Eridania Perez impresses as an ‘excellent lawyer with an absolute client focus’, providing ‘accurate work even when under high pressure’. The firm is acting for MBIA in its defense at federal court level of a putative class action (over $1bn) seeking to set aside a transaction whereby MBIA transferred certain insurance business to a subsidiary. It is also representing the primary fidelity bond insurer and an excess bond insurer (certain underwriters at Lloyd’s) in connection with a coverage dispute arising out of underlying ‘Bernard Madoff’ investor actions brought against the insureds. Although involved in high-end coverage matters, the firm stands out as a ‘top choice’ for reinsurance litigation. It represented a major reinsurance company in its defense against allegations of fraud raised in connection with an inter-governmental investigation. Active clients include Ambac, AXA Financial, Berkshire Hathway Reinsurance Division, Chartis, General Reinsurance, Partner Re and Munich Reinsurance. Larry Schiffer is recommended.

With its flagship office in New York, O’Melveny & Myers LLP has a 25-partner insurance and reinsurance practice which provides ‘a level of service that is truly superb’, and ‘from a geographical viewpoint has no limitations’, with other offices in Los Angeles and San Francisco. Head of the insurance and reinsurance practice Paul Koepff is singled out by peers for his coverage work, and co-led the firm in its representation of ACE, obtaining a reversal of a $51m judgment made against it in favor of Hewlett-Packard (HP); in May 2010, the US Court of Appeals for the Ninth Circuit rejected the lower court’s ruling that ACE had a duty to defend HP in connection with antitrust and unfair competition counterclaims brought against it, the decision coming after nearly ten years of litigation. Key figures in the team include Michael Yoder, who is able to ‘provide solid advice and outstanding direction’, and Richard Goetz, who is singled out for his reinsurance expertise.

The product of the merger of Sonnenschein Nath & Rosenthal LLP and Denton Wilde Sapte LLP, SNR Denton holds a firm presence in the insurance market, with over 60 partners focused on insurance dispute resolution. The firm’s two largest litigation groups are based in the Chicago and New York offices, with an outpost in San Francisco giving the firm a West Coast reach. Robert Johnson and Donna Vobornik win plaudits as ‘phenomenal insurance coverage and class action litigators’ who can ‘appear in any court in the country’. Coverage disputes handled by the team include environmental, property and casualty (P&C), workers’ compensation, directors and officers (D&O), and financial, and it is noted for its experience in major class actions. Head of the firm’s litigation and disputes practice Michael Barr is leading the team in representing insurers in litigation that will ultimately determine which financial institution will bear the huge losses resultant from the alleged fraud (via a Ponzi scheme) of Commercial Money Center. Co-chair of the international insurance litigation and coverage practice group Ronald Kent is the lead trial lawyer in a significant enforcement action brought by the California Department of Insurance, in PacifiCare Life and Health Ins, in which the Department is seeking up to $9.9bn in fines for Californian regulatory and statutory breaches. Clients of the firm include Travelers, Allstate, United Healthcare Group, ACE USA and Genworth Financial. Reid Ashinoff is recommended.

In 2010 Sidley Austin LLP saw Susan Stone appointed as co-chair of the firm’s global insurance and financial service practice following the retirement of James Stinson. Historically a predominantly reinsurance focused practice, the firm is growing its direct coverage matters. It is currently representing several Safeco companies (which insured the Society of Jesus, Oregon Province (SJOP)) in defending SJOP’s contention that the insurers owe a duty to defend and indemnify it for sexual abuse claims dating back to the 1960s, 1970s and 1980s. The firm is also acting for Continental Insurance and Columbia Casualty (both part of CNA) in an allocation-related matter, in a challenge to a ‘multiple waste sites as a single occurrence’ presentation by the cedent. In another highlight, the team saw a favorable appellate court ruling for client MONY Life Insurance. Chicago-based William Sneed is recommended.

Steptoe & Johnson LLP’s insurance and reinsurance practice, with over 25 partners, is regularly retained on ‘large, complex and very significant claims and lawsuits’. In January 2010, the team was joined by Matthew Gaul, who brings almost seven years of industry experience from his position in the New York State Government service. Practice head Antonia Ianniello is ‘a first-rate lawyer’ who ‘has produced outstanding results on the most difficult cases’, and peers in the reinsurance arena recommend Roger Warin. AIG (now Chartis), Zurich, Swiss Re and Liberty Mutual are among the firm’s key clients. The team is acting as lead defense counsel to several Travelers-related insurance companies in three West Virginia state court lawsuits filed by Massey Energy, with Massey seeking coverage arising from hundreds of underlying claims alleging water contamination from the company’s coal mining operations.

Cozen O’Connor is a ‘strong’ firm noted for its ‘solid insurance coverage work’. The firm’s insurance group, with more that 120 coverage lawyers throughout the US, handles an array of coverage matters including comprehensive general liability (CGL), professional liability, environmental risk, product liability, intellectual property, employment practices, D&O, securities and antitrust matters, and also offers transactional and regulatory capabilities. Prominent clients include Chubb, ACE, Fireman’s Fund and OneBeacon. The firm is advising insurance carriers in connection with subrogation claims filed against Toyota for its alleged failure to make the insurers aware of vehicle defects that led to accidents, seeking damages for reimbursement of monies paid to claimants in underlying actions against Toyota; Howard Maycon, David Denton and Edward Ordonex are leading the matter. Stephen Cozen and chair of the global insurance group William Patrick Shelley are standout figures, and the recent hire of Mark Rabinowitz adds strength to the team.

Duane Morris LLP has over 90 lawyers practicing in its insurance and reinsurance industry group, working out of offices throughout the US including Los Angeles, New York, Philadelphia, Pittsburgh, Chicago, Miami, Washington DC and San Diego. 2010 saw the group strengthened with the addition of Richard Hoffman (formerly of Nixon Peabody LLP) in the San Francisco office, and William Barwick in the Atlanta office. Name to note Philip Matthews focuses on complex litigation and is recognized by peers for his coverage work. Matthews has been involved in the Texaco environmental coverage litigation and has also been heavily involved in asbestos-related bankruptcy matters. The group has capabilities in areas including property, casualty, life, professional liability and financial institution insurance. The firm also represents insurers in connection with run-off companies.

Hogan Lovells US LLP’s merger resulted in some critical losses from the former Lovells insurance practice, including Joe McCullough and Neal Moglin, who moved to Freeborn & Peters and Foley & Lardner LLP respectively, but peers and clients alike recognise the firm as an important player in the insurance space. Led by Christopher Handman and David Newmann, the group successfully represented Federal Insurance in litigation against the insured, Crowley Maritime, arising from Crowley’s ‘stipulation of settlement’ with plaintiffs in underlying securities litigation, only requesting Federal’s consent at a later date. The firm also represented Chubb and certain affiliates in multi-district antitrust-related insurance litigation. The team is increasingly active in health insurance matters, leveraging the firm’s significant health care practice. Other representative clients include AXA, Allianz, CNA, Munich Re and Prudential.

Locke Lord Bissell & Liddell LLP has a comprehensive insurance practice including corporate insurance, direct insurance and reinsurance. The firm’s direct practice ranges from aerospace, asbestos, D&O and construction claims to energy, environmental and pollution, ERISA and professional liability matters. It also represents state insurance departments, investors and hedge funds, through the financial guaranty insurers subdivision of the group. Atlanta-based Brian Casey and Chicago-based Jon Biasetti co-chair the corporate insurance practice group, while key individuals on the reinsurance side include Nick DiGiovanni (who heads the reinsurance and direct insurance groups) and Steven Schwartz. In December 2010 Rachel Coan joined the New York office, in the national insurance and capital markets group.

In the domestic market, Mayer Brown’s insurance industry group undertakes the full range of reinsurance work, while direct coverage matters are handled specifically by the appellate team and in the firm’s international work. Peers are quick to single out Clifford Schoenberg for his expertise in the reinsurance field, and see the firm as a strong player in this space. Fred Reinke, formerly of Dewey & LeBoeuf LLP, recently joined the group, and has a focus on class action litigation, particularly representing insurance and reinsurance companies. Brian O’Sullivan is co-leading the team in its representation of an officer of a major insurance broker, in a number of class actions brought by investors in connection with the Allen Stanford Ponzi scheme, one of the largest alleged frauds in the US. The firm is also acting for a leading insurance company in litigation pending in federal court against its reinsurer, in relation to amounts allegedly owed under reinsurance and retrocessional agreements.

Troutman Sanders has separate groups covering D&O and professional liability matters, and insurance and reinsurance, and it achieves ‘exceptional results’; a ‘distinguishing factor is the consistency of its work among all the different attorneys’. Chair of the insurance and reinsurance group Rebecca Ross is ‘an exceptional litigator whose “in court” presence and credibility have allowed her to win important cases’; and co-chair of the D&O and professional liability group John (Jack) Gerstein is ‘an aggressive litigator and exceptional trial lawyer’. In 2010 the California team acquired Louise McCabe, formerly of Nixon Peabody LLP. The firm was lead counsel for CNA and a joint defense group in Congoleum Corp v Ace American Insurance Co, relating to Congoleum’s $500m agreement with claimants for asbestos exposure that led to its filing of a pre-packaged bankruptcy. It is also representing CNA in John Crane Inc v Admiral Ins Co, a complex coverage dispute involving nearly 250,000 underlying asbestos claims and spanning nearly six years, currently on appeal to the Illinois Appellate Court. Gary Dixon is recommended for his D&O and professional liability expertise.

Cahill Gordon & Reindel has a strong presence on the East Coast, with offices in Washington DC and New York, but also has national reach having represented clients in a number of state and federal courts. The practice leverages the firm’s strength in antitrust matters, and recently represented Global Reinsurance in its antitrust suit against Equitas, alleging the latter’s violation of New York antitrust laws by conspiring to suppress and delay claims payouts on retrocessional coverage. It is also acting as principal outside counsel to a division of Chartis, Chartis Environmental, in relation to a number of coverage issues arising under environmental cleanup and liability policies. Co-chair of the insurance practice Edward Krugman is recognized by peers for his reinsurance expertise, and Thorn Rosenthal is also highly recommended. Representative clients include Ironshore, Kemper Insurance, Swiss Re, XL, Zurich, Citibank and JPMorgan.

Condon & Forsyth LLP is a well-established boutique aviation defense firm which focuses on advising insurance clients in the aviation sector, and is recognised by peers for its niche expertise. It regularly advises on policy issues in this space, including the interpretation of the contractual liability exclusion, provisions granting insurers the rights to settle third-party litigation over the objection of the insured, and liability extensions covering certain intentional torts. Stephen Stegich and Katherine Posner lead the coverage practice from the New York office, while the Los Angeles practice group is led by Roderick Margo. The firm is representing London underwriters in pending litigation in federal court in connection with alleged conversion claims brought by aircraft financiers named as additional insureds under a bankrupt airline’s aviation hull policy.

With ‘high levels of expertise’ and ‘industry know-how’, Foley & Lardner LLP’s practice was strengthened by the hire of Gail Goering, Eric Haab and Neal Moglin, who has ‘great knowledge in life reinsurance matters’; the three were founding members of Lovells’ reinsurance practice. Brett Ludwig and Tom Hrdlick (‘truly a cut above’) are leading the team in its representation of Clarendon National and Clarendon America in a complex dispute involving $50m in disputed reinsurance recoverables, which has led to a number of arbitrations and related court proceedings. The firm is also representing Century Indemnity (a member of the ACE group) in a reinsurance dispute with Twin City Fire Insurance, seeking enforcement of facultative reinsurance contracts. Gordon Davenport chairs the insurance and reinsurance group, while Kevin Fitzgerald chairs the insurance industry team.

Gibson Dunn’s 27-lawyer insurance practice has particular strength in representing clients in national exposure cases, such as class actions involving multi-district litigation, and it is notable for its experience in the health care sector, reflecting the wider firm’s strength in the area. Led by Los Angeles-based Richard Doren, it successfully obtained the dismissal of a putative class action for client Aetna Life Insurance in Weaver v Aetna Life Ins Co. The firm is also representing Aetna in a putative class action pending in the US District Court for the District of New Jersey, relating to certain Aetna practices in reimbursing out-of-network services. The firm has also been involved in class actions arising from Hurricane Katrina, securing a number of victories for insurers. Gary Justice chairs the practice group.

Seward & Kissel LLP fields a modestly sized insurance practice group which includes recommended figures Bruce Paulsen and Dale Christensen. The group handle insurance and reinsurance litigation, as well as arbitration, in fields including D&O, brokerage disputes, liability insurance and P&C. It is noted in particular for its work in relation to marine and terrorism insurance, and has been active in piracy-related insurance matters following President Obama’s 2010 executive order concerning piracy and Somalia. The group recently represented The Hanover Insurance Company in coverage litigation arising from underlying personal injury claims relating to the use of pharmaceuticals, and property damage claims emanating from the manufacture of products containing environmental pollutants.

Covington & Burling LLP’s 100-lawyer-strong insurance recovery group is recognised as ‘the epitome of insurance coverage’, providing ‘depth of knowledge, superior legal skills, thoughtful strategy and exceptional negotiating and litigation skills’ which are ‘without parallel in this field’. Practicing out of offices in San Francisco, New York, Washington DC and London, the firm handles a spectrum of coverage matters including mass tort liabilities, catastrophic property matters, environmental losses, and errors and omissions (E&O) and D&O exposure. The firm is representing Chiquita Brands International in ongoing litigation, in Cincinnati, arising out of an underlying claim filed under the Alien Torts Claims Act (ATCA); ‘superior litigator’ and ‘first-rate strategist’ William Skinner is leading this matter. Co-chair of the practice Mitchell Dolin is a ‘leader in this area’ and is heading the team in its representation of Sprint Nextel in two D&O coverage lawsuits pending in the US District Court for the Eastern District of Virginia and the US District Court for the District of Kansas; both suits accrue from underlying securities class actions. The firm is also representing BP in insurance coverage disputes involving approximately $1bn of insurance proceeds for the Deep Water Horizons oil spill. Co-chair Benedict Lenhart and Partner Saul Goodman are recognized as ‘strong’ and ‘deeply knowledgeable of the industry’, while John Buchanan is ‘one of the nation’s most knowledgeable coverage counsel’. Donald Brown is also highly recommended.

2010 saw the sad passing of the ‘father of policyholder representation’, Anderson Kill & Olick, P.C.’s founding partner Eugene Anderson, and the ‘outstanding’ and ‘exemplary’ reputation of the firm’s insurance recovery practice is a testament to him. With offices throughout the US, including New York, Washington DC, Ventura and Philadelphia, the firm boasts over 60 lawyers dedicated exclusively to policyholder representation. It recently advised the claimants’ committee in a number of asbestos bankruptcies including WR Grace and PPG/Pittsburgh Corning Corporation. It also acted as special insurance counsel to the debtor in the Asarco and Skinner Engine cases. A key player and co-chair of the insurance recovery group, Robert Horkovich is leading the team in its representation of the trustee for the WCI Chinese Wall Board Trust; fourteen insurance companies are involved in this coverage dispute, in which the Trust is seeking damages for breach of contract as well as coverage for up to 700 potential homeowner claims arising from the allegedly defective Chinese drywall. The firm also acted for construction management client Parsons Brinckerhoff (PB), in connection with the Boston Central Artery/Tunnel Project, in which Continental Insurance denied its duty to defend PB in suits brought by federal and state authorities. Insurance recovery practice co-chair William Passannante impresses as an ‘excellent advocate and negotiator’; New York-based Finley Harckham is recognized as a ‘formidable advocate’ with ‘in-depth knowledge’; and Rhonda Orin stands out for her health sector expertise.

Dickstein Shapiro’s coverage practice ‘exceeds expectations’, and is ‘exceptional in all regards’. 2010 saw the departure of Randy Paar but also the significant lateral hire of the ‘outstanding’ John Heintz and ‘consummate litigator’ John Schryber, noted for his ‘ability to marry his mastery of the law with the facts, circumstances and business concepts’. The addition of Marla Kanemitsu and Norah Molnar further bolstered the team, and the firm also picked up some partners in the wake of the dissolution of Howrey LLP, including Andrew Reidy and Catherine Serafin. The firm has a strong presence in the entertainment industry, and is currently representing Universal Music Group (UMG) in its coverage dispute with American Home Assurance, arising out of the insurer’s failure to defend a defamation claim against UMG. Other key names on the firm’s client roster include Fox and Sony. Head of the coverage practice Kirk Pasich and Los Angeles-based Sandra Smith Thayer lead the firm’s representation of San Diego Gas & Electric (SDG&E), having been retained by the client following the 2007 wildfire litigation to undertake negotiations with its insurer; to date, the firm has represented SDG&E in collecting over $940m under its policies. The ‘seasoned’ Edward Tessler, James Murray and Mark Kolman are recommended.

Operating out of a number of offices across the US including Chicago, Los Angeles, New Orleans, Boston and New York, Proskauer Rose LLP’s coverage team handles matters ranging from D&O and E&O liability to environmental, mass tort and product liability. The firm also represents policyholder captives and risk retention groups on the reinsurance side. The ‘excellent’ insurance recovery group, spearheaded by Nancy Sher Cohen and Steven Gilford, has a long history of representing clients in the chemical industry, and is acting for Flexible Products in connection with it recovery of defense and settlement costs of 1,700 bodily injury claims arising from exposure to Flexible’s isocyanate products in coal mines. New York-based Seth Schafler plays a pivotal role in the firm’s ongoing representation of JPMorgan Chase, as successor to both Bear Stearns and Bank One. Paul Langer has led the ongoing representation of Cargill, in matters including coverage litigation relating to property damage and bodily injury claims allegedly arising from the client’s poultry operations, and concerning the extent to which a single insurer is liable to defend a policyholder when other insurers may share the duty. The ‘thorough’ and ‘measured’ Marc Rosenthal is praised by clients. John Failla is recommended, particularly on life insurance matters.

Having expanded from its historically strong Pittsburgh base, Reed Smith LLP’s insurance recovery group has outposts throughout the US, including in Chicago, Los Angeles, New York, Philadelphia, Washington DC and San Francisco. With over 60 insurance recovery lawyers, the firm definitely has the numbers, and it ‘responds quickly; asks the right questions; considers all the relevant facts and law; and is practical.’ In 2010 Dan Hofmeister, David Goodsir and Kevin Tessier, formerly of Neal, Gerber & Eisenberg, joined the firm, bringing expertise in D&O liability and health care law. Areas of activity for the firm have included mortgage-related insurance disputes. Countrywide retained the team in litigation to stave off claims of rescission by mortgage insurers and financial guaranty companies, and the firm has had significant results for the client in its coverage litigation with United Guaranty. John Vishneski is lauded for his ‘practical experience and ability to find common ground’, and Douglas Cameron, Carolyn Rosenberg and John Shugrue are also highly recommended.

Jenner & Block LLP enters the ranking in recognition of its established reputation in policyholder representation. John Mathias chairs the insurance litigation and counseling practice, part of the firm’s 350-strong wider national litigation team. Clients note the firm’s ‘excellent’ and ‘high-quality’ service; it ‘provides real benefit’. The firm has national reach with offices in Chicago, New York, Washington DC and Los Angeles, the latter strengthened by the addition of key player Jerold Oshinsky in 2009, and more recently Mary Craig Calkins from Howrey LLP, who is noted as ‘consistently beating expectations’ and having ‘an outstanding reputation in the field’. The firm is representing third party defendant Fiserv Solutions (a provider of technology solutions) in a claim brought by First American Title Insurance in connection with Bank of America’s $550m action for losses incurred from defaulted home equity loans; and is also acting for HSBC in a $20m D&O coverage case against Princeton Eagle, arising from securities fraud claims. Washington DC-based Lorelie Masters is involved in the representation of Guardian Building Products Distribution in its action against ACE, in which the Guardian Industries subsidiary is seeking coverage under general liability insurance for an uncertain number of potential Chinese drywall claims. The practice has also seen an increase in life insurance related matters, such as representing the defendants in American General Life Insurance Company v Sussex, in the District of New Jersey (an action for rescission of a $10m life insurance policy, alleging fraud and lack of an insurable interest). Other recognized names at the firm are Matthew Jacobs and Christopher Dickinson.

Kasowitz, Benson, Torres & Friedman LLP enters the ranking this year. Name partner Marc Kasowitz has been leading the firm’s efforts to expand the firm’s insurance coverage practice, and January 2010 saw thirteen lawyers join the team from Dickstein Shapiro’s New York office. Names include head of the coverage practice Robin Cohen (praised as ‘strategic’, ‘very impressive’ and ‘surgical in her approach’), and Randy Paar, who is leading a team representing the Port Authority of New York & New Jersey in coverage litigation relating to the World Trade Center bombing. The firm is also representing General Electric and GE Healthcare in obtaining coverage from current and legacy insurers, in relation to the highly publicized Omniscan claims. Kenneth Frenchman is lead counsel for GE in this matter, and is also very active in bankruptcy related cases involving the reduction of asbestos liabilities for other policyholders. Adam Ziffer is noted as ‘one to watch’. Robert Shulman also joined the firm, in September 2010.

With offices throughout the US, including New York, Washington DC and San Francisco, Latham & Watkins LLP has a strong presence in the insurance industry, particularly representing corporate policyholders. The firm is acting for longstanding client Montrose Chemical Corporation of California in a multimillion-dollar coverage action against Century Indemnity, arising from Century’s refusal to provide independent counsel in the defense of toxic tort claims; and also in a separate coverage action against Century, relating to the latter’s withdrawal from the defense of a CERCLA lawsuit. The firm is also representing industrial automation solutions company Rockwell Automation, and automotive supplier ArvinMeritor, in pursuing coverage pertaining to asbestos bodily injury claims, and in the same matter, defending a declaratory relief action filed by Lloyd’s of London, which involves five other insurers. Key player Andrew Lundberg co-chairs the firm’s insurance coverage practice along with recently appointed Brook Roberts. Mary Rose Alexander is recommended.

‘Dominant force’ Paul Zevnik and Michel Horton head the coverage practice at Morgan Lewis, which has outposts across the US from New England, New York, Philadelphia, Delaware, Florida and Texas to Illinois and California. The firm undertakes a wide variety of coverage work and has particular expertise in bankruptcy related matters, insurance captives and reoganizations. It is representing former insulation installer and distributor Thorpe Insulation in matters emanating from its bankruptcy, a result of its insurers’ refusal to recognize non-aggregated coverage for asbestos operations liabilities; a reoganization plan for Thorpe was approved and affirmed in September 2010, and the firm has structured and negotiated complex settlements with 16 of the 21 insurers for recoveries over $630m, including Swiss Re and Allianz. Other clients include Deutsche Bank, ITT Corporation, Transocean and Tyco International.

Jones Day provides ‘excellent service in all phases’ of coverage matters ranging from D&O and E&O liability, business interruption and CGL to product liability, political risk and environmental liability claims, with San Francisco-based Martin Myers and Steven Sigalow co-leading the insurance liability and recovery practice. Sigalow is leading the team in its representation of Southern Company in its pursuit of coverage for a $202m settlement with Mirant Corporation, involving a number of D&O carriers including ACE, XL and Energy Insurance Mutual (EIM); the matter is expected to move to arbitration, involving multiple proceedings across three jurisdictions. The firm also represented Huntsman, the global manufacturer and marketer of chemicals, in its coverage dispute arising out of property damage claims and business interruption losses accruing from a fire in 2006 at a petrochemical plant in Texas; Huntsman successfully recovered $475m from over 20 reinsurance companies. Jack Montgomery is ‘highly respected’ and ‘unfailingly polite and easy to work with’. The team was strengthened through the arrival of David Steuber and Tyrone Childress in Los Angeles, formerly at Howrey LLP.

With the departure of former practice chair John Heintz in 2010, Kelley Drye & Warren LLP now has Richard Milone heading a ten-fee-earner insurance coverage practice. Milone has twenty years of experience in this field, with particular expertise in policyholder representation in intellectual property, false advertising, trademark and patent infringement matters. It is representing Welch Foods in two lawsuits pending in the US District Court for the Central District of California, seeking coverage for defense costs arising from the underlying false advertising claims in POM Wonderful v Welch, and also costs to fund a potential settlement. The firm is increasingly focusing on niche areas of expertise, such as representation of entertainers in tour cancellation matters, drawing on the strengths of Robert Steiner. Representative clients include AOL, Lyondell Chemical Company, Millennium Successor Trust and Polo Ralph Lauren.

Kilpatrick Townsend & Stockton’s insurance recovery practice comprises 20 fee-earners, operating out of the firm’s offices in Atlanta, Augusta, Raleigh, New York, Winston-Salem and Washington DC. Julie Lierly is noted as ‘excellent at simplifying complex issues and advising on coverage strategies’. Barry Fleishman is leading the firm’s representation of Archston Smith Operating Trust in a coverage dispute (with cases pending in state court in New York and Colorado) relating to losses of more than $50m, involving property, general liability and pollution liability. On the D&O side, recent work includes acting for Beazer Homes in seeking multimillion-dollar coverage (under a third-layer-excess D&O policy) in defense costs and actual and potential liabilities accruing from securities litigation, where the parties reached an agreement through mediation. Additions made to the team during 2010 included Jeffrey Lenser and Helen Michael.

With its ‘unique combination of legal expertise and business acumen’, Debevoise & Plimpton’s insurance industry group has gained an impressive reputation as ‘the cream of the crop’ and the ‘go-to’ firm. In addition to advising clients on insurance-associated regulatory and competition law issues, the group has ample capacity to handle sophisticated matters ranging from capital market transactions, cross-border M&A and demutualizations to catastrophe (CAT) bonds, and closed-block and embedded-value securitizations. The firm continues to strengthen its international reach throughout Europe and Asia, a critical aspect of its work due to the proliferation in cross-border transactions in the market. Clients such as AIG, AXA, MBIA, MetLife, Hannover Re and Swiss Re also benefit from the firm’s increased investment and resources in financial services throughout the firm, bolstering its already strong insurance expertise. John Vasily led the insurance group in its recent representation of AIG and its spin-off AIA, in its $20.5bn IPO and listing on the Hong Kong Stock Exchange, the world’s third largest on record; the proceeds will form part of the repayment owed by the insurance giant to the Federal Reserve Bank of New York, following its well-publicized government bailout in 2008. Thomas Kelly, chair of the firm’s insurance industry group, led the advice to Pacific Life in its $1bn offering of surplus notes. In addition, the firm is currently acting for longstanding client Protective Life in its $316m acquisition of United Investors Life from Liberty National Life. Co-chair of the financial institutions group Nicholas Potter is highly regarded for his ‘solid business acumen’ and ‘pragmatic’ approach, and Wolcott Dunham is recognized by peers and clients as the ‘dean’ of the industry, ‘combining impressive insurance knowledge with corporate expertise’.

Dewey & LeBoeuf LLP is a formidable force noted for its ‘outstanding’ service, and is ‘willing to go above and beyond’ when it comes to insurance transactional and regulatory work. The ‘highly personable and effective’ Donald Henderson is acting for Karson Capital in the structuring and implementation of life insurance securitizations (Triple-X and A-Triple X), and the group has been successful in obtaining a positive ruling on the product from the New York Insurance Department. In another highlight, transactional practice co-heads John Schwolsky and Alexander Dye led the advice to MetLife on its $16.2bn acquisition of American Life Insurance Company from AIG; this complex transaction involved the purchase of affiliated life insurance companies in over forty countries, and required regulatory approvals in over fifty jurisdictions. Indicative of its ‘sophisticated current industry knowledge’, the firm is also advising Ambac in a complex restructuring, including the establishment of a segregated account for certain of the client’s liabilities and the commuting of its remaining collateralized debt obligations of asset backed securities to $2.6bn in cash and $2bn in newly issued surplus notes. Other names on the firm’s client roster include Liberty Mutual, MBIA, Munich Re, Nationwide Mutual, SunLife Financial and Fidelity National. Michael Groll (another co-head of the insurance transactional practice) has ‘exceptional knowledge’, and can ‘grasp the issues and come up with an action plan in one phone call’. The insurance regulatory practice is co-headed by John Pruitt and Cynthia Shoss.

Sidley Austin LLP’s insurance industry group, based predominantly out of the firm’s New York and Chicago offices, is impressive; the firm has ‘assembled a broad and deep team’, and can ‘offer a unique insight into the regulators and other important players in any given jurisdiction’. The team, headed by Michael Goldman, had a robust 2010, representing a number of big-ticket clients (such as UBS, Credit Suisse, Lincoln National and Swiss Re) in complex structured letters of credit matters with a total value over $1.5bn; the highly regarded Jeff Liebmann had a leading role in many of these matters. In the wake of the subprime mortgage crisis, the firm has also advised a number of institutional investors on their rights with regard to monoline financial and mortgage guarantee insurance companies. Elsewhere, highlights for the team included representing the initial purchasers in a $2bn surplus note offering by Teachers Insurance and Annuity Association of America (TIAA), led by Jonathan Freedman. The team has also been very active in insurance-linked securities and alternative risk transfer products, especially in the property and casualty space; representative matters include acting for GC Securities as underwriter for a Cayman Island SPV, which allowed Travelers to transfer $500m of its hurricane risks to the capital markets. The firm also represented USAA in its formation and $405m catastrophe bond financing of Residential Reinsurance. New York-based Nancy Corbett is ‘outstanding’, and clients are ‘tremendously impressed’ with the ‘up-and-coming’ Amanda Todd. Perry Shwachman is ‘a tremendous transactional lawyer’ and has a ‘refreshingly practical perspective’.

Skadden, Arps, Slate, Meagher & Flom LLP impresses clients with ‘talented, professional lawyers well versed in all areas of insurance’. Highly regarded throughout the insurance industry, Robert Sullivan heads the firm’s worldwide insurance practice as well as co-leading the financial institutions group; he is ‘a well-respected first-tier insurance regulatory lawyer and a class act’, and ‘understands the inner workings of insurance companies’. The insurance practice’s client base includes insurance and reinsurance companies, and their financial advisors and underwriters, who instruct the firm on corporate matters ranging from M&A and financings to restructurings and reorganizations. Key player Todd Freed was integral in the recent representation of property and casualty insurer CNA and its subsidiaries in a loss portfolio reinsurance transaction, which involved the subsidiaries ceding CNA’s legacy asbestos and pollution liabilities to National Indemnity. The firm also advised Bermuda-based insurance and reinsurance provider Harbour Point in its $3bn merger with Max Capital, creating new entity Alterra Capital Holdings; and advised a bank consortium including names such as Barclays Capital, Deutsche Bank and Morgan Stanley in relation to a $1bn offering of floating rate notes by SPE, Metropolitan Life Global Funding.

Sullivan & Cromwell LLP’s insurance practice has a strong corporate orientation. Co-ordinator of the insurance group Andrew Rowen had ten years of general corporate practice under his belt before taking on the role, in 1990, and H Rodgin Cohen and Michael Wiseman, bulwarks of the firm’s financial institutions and banking groups, have played an integral role in many of the practice’s transactions, with Wiseman being pivotal in the firm’s work for AIG. The firm represented AIG in its $16.2bn sale of ALICO to MetLife, in which well-respected figure Stephen Kotran was instrumental, while other work for AIG included advising it in its $2bn, SEC-registered global notes offering, as well as in connection with a common stock exchange offering. The firm also represented the underwriters, including Citigroup, Deutsche Bank, Goldman Sachs and Morgan Stanley, in AIA’s much-publicized $20.5bn IPO and Hong Kong listing. On the private equity side, the firm advised Lightyear Capital in its sale of the NAU Group to QBE Holdings; the transaction, facilitated by a merger, saw the receipt of a $30m cash divided by NAU stockholders, as well as a cash payment of $565m by QBE. The firm also advised IPC Holdings in its amalgamation with Validus Holdings, estimated at $1.7bn. Special counsel Daniel Rabinowitz is singled out for his insurance regulatory work.

Davis Polk & Wardwell LLP has taken strides in the insurance arena, and it is able to ‘bring real, practical judgment and advice to the table’, assisting clients to ‘navigate through the “gray” areas of the law’, especially ‘when the stakes are high’. Key individuals in the developing practice are Jeffrey Oakes and the ‘excellent and responsive’ Ethan James, who are praised for their ‘great domain expertise’ and ability to ‘understand the nuances associated with the sector’; and the ‘exceptional’ Richard Sandler is also singled out. Led by Phillip Mills, the firm advised PartnerRe in connection with its $2bn acquisition of Paris Re, a complex transaction dealing with ownership through six separate private equity firms and regulatory, corporate and securities issues across a number of jurisdictions. Another highlight saw the firm representing the lead managers (including Goldman Sachs, Barclays Capital and JPMorgan) in relation to a $1.2bn offering of senior notes by Travelers. The firm has also acted as lead counsel to the Federal Reserve Bank of New York and the US Department of the Treasury in relation to a multitude of transactions that have involved AIG; representative transactions include the $16.2bn sale of ALICO to MetLife, the $20.5bn IPO of AIA, and the $4.8bn pending sale of Star and Edison life insurance companies to Prudential Financial. It continues to advise Assured Guaranty and AXA SA, among others, in relation to the impact of the Dodd-Frank Act in the insurance sector.

The product of the merger in September 2010 of Sonnenschein Nath & Rosenthal LLP and Denton Wilde Sapte LLP, SNR Denton is held in high regard within the insurance industry. Aligning the traditional strength of Sonnenschein’s insurance practice with the international platform provided by Denton Wilde, the firm is ‘unparalleled’ when it comes to regulatory issues, and has ‘real leadership in this area, and access to regulators’. Co-chair of the insurance regulatory practice Kara Baysinger is recognized for her capacity to ‘handle difficult and politically sensitive issues’, Gary Hernandez, with longstanding experience on the regulatory side, attracts praise as ‘pragmatic, reasonable and focused on results’. While the practice has historically had more of a regulatory focus, through the Sonnenschein side, it has a growing practice in insurance-related capital markets and other transactions. Led by Paige Waters, the firm continues to advise Starr International Insurance Company and its subsidiaries on all corporate and regulatory matters. It also advised First Mercury Financial on the acquisition of an insurer, including handling all regulatory approvals. Other clients include Aviva USA, Jackson National Life Insurance, UPS Capital, National Australia Bank, Hiscox and CareSource Health.

The client base of Stroock & Stroock & Lavan LLP’s insurance practice group ranges from ‘pure-line’ insurance companies to outside investors, private equity companies and commercial banks. The firm is ‘very integrated’ and pools expertise from many practice areas, including corporate, financial restructuring, structured finance and derivatives, and commodities, to provide a full service to its insurance clients. William Latza and Bernhardt Nadell head the regulatory and transactional practices respectively, and were heavily involved in the representation of Specialty Underwriters’ Alliance (SUAI) in its merger with a Tower Group subsidiary, Nasdaq:TWGP, a transaction valued at approximately $110m. The firm also acted for Crédit Agricole in connection with financing of reserves (Triple-X and A-Triple X) for Aviva Life and Annuity Company. The firm also represented United of Omaha Life, a Mutual of Omaha subsidiary, in transactions totalling $475m; and drew on its regulatory and transactional resources to develop a surplus restoration plan, constituted in part by an exchange offer, for FGIC Corp and its subsidiary Financial Guaranty Insurance Company.

Foley & Lardner LLP’s key insurance partners are based in its Milwaukee and Tallahassee offices, although the firm boasts another 16 offices across the US. Brian Kaas led the group in acting for GMAC Insurance Holdings and Motors Insurance in the sale of its P&C insurance business to American Capital, while Tom Maida led the advice to Florida Retail Federation Self Insurers Fund in its reorganization into a mutual holding structure, which closed in November 2010. The firm is noted for its ‘high level of expertise’ and ‘whatever-it-takes attitude’, representing ‘excellent value’. Chair of the insurance industry team Kevin Fitzgerald attracts praise for his experience in multi-state insurance regulatory matters, and can ‘tell you when a question merits research’, and ‘when to stop worrying about something’.

Mayer Brown saw its insurance industry group grow in 2010 with the addition of Vikram Sidhu (of counsel), John Drnek (associate) and David Alberts, all formerly of Lovells. Among the firm’s client base are insurers, reinsurers and investors ranging from private equity firms and hedge funds to investment banks. Recent highlights include acting for ACE in its $1.1bn acquisition of the outstanding common stock of Rain and Hail Insurance, the crop insurance underwriter; Lawrence Hamilton played a key role in this transaction. Chicago-based Edward Best led the firm’s advice to Assured Guaranty in two issuances of common shares on the New York Stock Exchange, with an estimated value over $1bn. Current work includes advising Randall & Quilter in the acquisition of Reinsurance Solutions (UK), Reinsurance Solutions (US) and Excess & Treaty Management from Marsh and Guy Carpenter & Company. The team is also advising Soros Fund Management in connection with the establishment of Bermuda-based reinsurer Q Re Group. Other clients include Bank of America Merrill Lynch, CNA, Deutsche Bank, JPMorgan, Munich Re and Travelers. Head of the insurance industry group Kenneth Pierce is recommended, and the team is further strengthened by the tax expertise of George Craven and Russell Nance.

Key strengths of the team at McDermott Will & Emery LLP include healthcare, captive insurance and tax. Peers single out Thomas Jones for his specialist knowledge of tax matters, particularly in the captive insurance space. Jones led the firm’s advice to healthcare provider Vanguard Health Systems in its $368m acquisition of the Detroit Medical Center, which involved the creation of a tax-efficient structure to facilitate the merger of three captive insurance companies, and a five-year $950m undertaking by Vanguard in relation to capital improvements. The firm also advised Wal-Mart Stores and its Chilean subsidiary on the tax and other implications of insurance proceeds received following property damage sustained in the Chilean earthquake of February 2010. Joel Michaels and insurance practice head Margaret Warner led a team in advising a number of healthcare insurers on the ramifications of the US healthcare reforms. Other clients are Allianz, CNA, Fireman’s Fund, World Trade Center (WTC) Captive Insurance Company, the NBA, Tyco International and Vermont Captive Insurance Association.