United States > Media, technology and telecoms > Law firm and leading lawyer rankings
Contentious work remains at the forefront of most practices in the advertising and marketing space, and 2015 saw a renewed focus on the Lanham Act and an increased number of false advertising claims being brought by clients across a wide array of sectors. Consumer class actions continued to be prominent, as did challenges before the NAD, the FTC and other regulatory bodies, which remain a key driver of work for practices across the market. Highly contentious sectors include pharmaceuticals, media, and food and beverages, with the precedent-setting POM Wonderful vs Coca-Cola Supreme Court case a particularly notable example. The 1991 Telephone Consumer Protection Act (TCPA) - which is being used in new ways to restrict the use of unsolicited advertisements via text or other direct messages to mobile devices - was another active area, as was online advertising and internet promotions, which reflects the importance of digital media and the growing influence that social media has on advertising and marketing campaigns.
An increased awareness of risk management in the cybersecurity arena has resulted in a huge surge in interest in cybersecurity insurance. HIPAA compliance continues to be a key driver of work, including in relation to digital health matters, and with the Federal Election Commission also putting an emphasis on data security and internet regulations, there is no shortage of work at present for those active in the cyber law space. The FCC has become much more active in enforcement actions beyond just telecoms companies, and the latest TCPA interpretation has resulted in a new area of litigation involving text messaging. Covington & Burling LLP, Hogan Lovells US LLP and Hunton & Williams LLP are particularly prominent in the market.
In January 2016, the European Commission announced it had come to an agreement with the US on a framework to replace Safe Harbor - the legal structure that protected over 4,000 companies with the transfer of personal data between the US and Europe. The EU-US Privacy Shield aims to eliminate previous concerns regarding mass surveillance, which prompted the invalidation of Safe Harbor in October 2015 in a ruling by the European Court of Justice. It is expected that the new guidelines will develop into a fully functional framework sometime in April 2016. The legislative changes had unprecedented implications for cross-border work, and resulted in a hive of activity for data lawyers. The breaches that dominated the headlines - such as Neiman Marcus, Home Depot, Sony and Target - serve as a stark warning to companies of the importance of incident preparedness and tabletop exercises, which again means more work for firms operating in this area. Hogan Lovells US LLP and Hunton & Williams LLP are particularly noted for their leadership in the field.
The outsourcing market remained very active, with the nature of the work evolving to include increasingly large amounts of data to take into consideration and putting processing services in a prominent position in outsourcing deals. The combination of cloud computing and more traditional outsourcings has resulted in a new, more complex hybrid, and with ever greater concerns about IT security, an increasing number of those types of services are being outsourced too. The Affordable Care Act is driving activity in the healthcare space, as healthcare payers seek to outsource certain business processes. Outsourcing work is undoubtedly modernizing, with new marketing initiatives and overall a less conventional approach to structuring deals. Gibson, Dunn & Crutcher LLP, Mayer Brown and Pillsbury Winthrop Shaw Pittman LLP are real leaders in the field. Notable changes in the law firm market included a team from K&L Gates moving to McDermott Will & Emery LLP.
The technology transactions market continued to grow, with deal volume up and an increasingly active cross-border aspect involving Asia and Europe. Given the wider market turbulence, it was, unsurprisingly, a disappointing year for IPOs, but in M&A - particularly on behalf of public companies - lawyers were extremely busy. The proliferation of technology into other industries, such as healthcare, education, finance and motoring, ensures that technology transactions specialists are increasingly relied upon for advice on novel and ever more complex deals. Cloud computing-related work was on the up, as was work relating to cybersecurity, and these are both trends that are expected to continue in 2016.
In 2015, subjects such as net neutrality and consolidation continued to dominate the legal market. Both on the transactional and the regulatory side, multibillion-dollar mergers, such as the Time Warner Cable/Comcast and AT&T/DirecTV deals, have generated the bulk of the work. Oppositions to these mergers by competitors such as Dish Network and Netflix was another key driver of work for firms in the market.
After a years of public debate, 2015 brought new developments in the issue of net neutrality. In February 2015, the FCC voted on new regulations that will determine how internet access services will operate in the future. These new changes are welcomed, especially by net neutrality advocates, as the new statutes prohibit discrimination and additional charging regarding internet services based on user, content, or mode of communication.
Another key development in 2015 was the FCC’s announced initiative to free up spectrum for wireless broadband use. The idea is to incentivize licensees to relinquish spectrum usage rights in exchange for a share of the proceeds from the auction of new licenses. This has been a boon to both transactional and regulatory groups.
Advertising and marketing
Index of tables
Advertising and marketing
- Roger Colaizzi - Venable LLP
- Kenneth Florin - Loeb & Loeb LLP
Linda Goldstein -
Manatt, Phelps & Phillips, LLP
- Brian Heidelberger - Winston & Strawn LLP
- Jeffrey Knowles - Venable LLP
- Rick Kurnit - Frankfurt Kurnit Klein & Selz PC
- Benjamin Mulcahy - Jenner & Block LLP
- Brendan O’Rourke - Proskauer Rose LLP
Lewis Rose -
Kelley Drye & Warren LLP
- Terri Seligman - Frankfurt Kurnit Klein & Selz PC
Norman Simon -
Kramer Levin Naftalis & Frankel LLP
- James Taylor - Loeb & Loeb LLP
- Ronald Urbach - Davis & Gilbert LLP
John Villafranco -
Kelley Drye & Warren LLP
Harold Weinberger -
Kramer Levin Naftalis & Frankel LLP
- Lawrence Weinstein - Proskauer Rose LLP
Douglas Wood -
Reed Smith LLP
- Steven Zalesin - Patterson Belknap Webb & Tyler LLP
Davis & Gilbert LLP’s ‘outstanding’ New York-based department is ‘very responsive to clients’ needs’ and provides ‘highly practical advice based on exceptional industry knowledge and great business judgment’. The firm is noted for its advice to agencies; Allison Fitzpatrick recently advised an advertisement agency on Doritos’ Crash the Super Bowl Contest, and the ‘very practical’ Joseph Lewczak led advice to Concept One Communications in its representation of Gillette in negotiating product placement deals for blockbuster movies, including Avengers: Age of Ultron and Spectre. However, the team also has significant experience acting for brands and advertisers in advertising disputes and before regulators, and recently advised Sony Computer Entertainment America in an FTC inquiry, negotiating a favorable settlement for the client. The team also represented Philosophy, a skincare company, in an NAD appeal. The social and digital media element of the practice is also substantial; it advises on promotions, intellectual property issues and data privacy matters. Other clients include Verizon Wireless, Nissan North America and Simon & Schuster. The ‘invaluable and highly respected’ Ronald Urbach, who ‘is one of the best advertising attorneys around’, leads the practice, and clients recommend the ‘astute and extremely well-liked’ Howard Weingrad and ‘all-round strong attorney’ Richard Eisert.
New York-based Frankfurt Kurnit Klein & Selz PC ‘knows the industry very well and provides clients with a high level of service in all manner of advertising and marketing issues’. The practice acts across contentious and non-contentious issues for brands and agencies and has acted for a number of clients in advertising disputes at the NAD; examples include representing Stokely-Van Camp, the manufacturer of Gatorade, in an NAD challenge against Aspire Beverage Company for unsupported claims made relating to ASPIRE Sports Drinks. Practice co-chair Terri Seligman led on that matter, and also recently represented BIC USA in a challenge against Newell Rubbermaid Office Products for its use of the phrase ‘America’s #1 Ball Point Pen’ in its advertising of the Paper Mate ballpoint pen. The team also has substantial experience advising on advertisements that appear during the Super Bowl, and assisted the agencies or brands that produced 12 of the commercials that appeared during Super Bowl XLIV. Other significant clients include Staples, PepsiCo and the Dunkin’ Brands. Co-head Rick Kurnit is recommended, Jeffrey Greenbaum is prominent in the FTC space, and the ‘incredibly helpful’ Brian Murphy is noted for his content creation experience. Clients recommend Candice Kersh, Christopher Chase and Gavin McElroy, who focuses on transactional and M&A-related advertising matters.
Kramer Levin Naftalis & Frankel LLP’s practice is ‘exceptional across the board’, placing the team as ‘one of the leaders in the field, with outstanding client service, practical advice and amazing response times’. The department advises a range of advertisers, but it has a particular strength in the consumer product and pharmaceutical sectors. The team focuses on three key areas: false advertising and Lanham Act work, representing clients before the NAD, and consumer fraud class actions. Recent examples of each include representing McNeil in a federal action under the Lanham Act against GlaxoSmithKline relating to the false advertising of over-the-counter allergy medication; successfully representing Johnson & Johnson Vision Care in an NAD challenge concerning false advertising of contact lenses by Alcon Laboratories; and successfully defending Revlon in a class action alleging that multiple deodorant manufactures violated the New Jersey consumer fraud statute by claiming scented deodorants were unscented. Harold Weinberger ‘is a very responsive and classy professional and delivers a great wealth of experience’, and he leads the New York-based practice along with Norman Simon, who ‘provides a solid perspective alongside sound and effective strategic advice’. Other notable clients include AstraZeneca, the Dannon Company and ExxonMobil.
Loeb & Loeb LLP’s advanced media and technology team covers a wide range of issues for advertising and marketing clients, advising on promotions and advertising, digital and social media, transactions, disputes and regulatory issues. Kenneth Florin and James Taylor co-head the practice from New York; Florin recently advised Visa on the launch of VisaVue Advertising, which is linked to targeted advertising campaigns, and Taylor recently assisted Toyota with the negotiation of endorsement deals for several national advertising campaigns. Seth Rose in the firm’s Chicago office recently advised T-Mobile on the negotiation of a naming rights agreement for an arena being built in Las Vegas, and also acted for the client in various endorsement agreements and sponsorship rights issues. Other clients for the firm include Gogo, Citibank, Amazon.com, L’Oréal and Nike. Clients recommend Chicago-based Thomas Jirgal for contentious matters.
The ‘very solid department’ at Patterson Belknap Webb & Tyler LLP is based in New York, and is ‘truly elite when it comes to advertising litigation and false advertising matters’, with a ‘broad and deep team of experienced attorneys who demonstrate excellent litigation judgment’. The firm’s client roster includes multinational Fortune 100 companies across several sectors, including food and beverages, cosmetics, pharmaceuticals and telecoms. Examples include The Hershey Company, L’Oréal and Johnson & Johnson. ‘Strong and strategic mind’ Steven Zalesin is practice head, and is continuing his work for Coca-Cola, representing the client in three high-profile cases relating to a juice blend sold by the client’s Minute Maid brand; the central element of the dispute is a claim brought by the makers of POM Wonderful juice in a case of first impression focusing on whether a product label that complies with requirements of the Food, Drug and Cosmetic Act can be challenged as false and in violation of the Lanham Act. Zalesin also recently represented Blue Buffalo in a Lanham Act false advertising lawsuit against Nestlé Purina relating to Nestlé’s ‘Honesty Campaign’, which claimed Blue Buffalo had been dishonest with consumers about its pet food ingredients. Saul Shapiro represented Cablevision in a Lanham Act suit against Verizon relating to Verizon’s claims that it offers the fastest Wi-Fi speed, and Christine Miller represented United Industries Corporation in an NAD challenge by The Scotts Company relating to garden products.
Proskauer Rose LLP is a notable firm in the advertising litigation arena, with experience in class actions, competitor vs competitor lawsuits, and a particular focus on false advertising matters, acting for multinational corporations, technology companies and other high-profile clients in Lanham Act cases. Recent examples include defending Fresenius Kabi USA, a pharmaceutical company, in a Lanham Act action brought by Par Sterile Products alleging that the client had falsely advertised its Vasopressin injection product as FDA approved; the New York-based team, led by Lawrence Weinstein, successfully secured a dismissal for the client. Weinstein and Brendan O’Rourke co-head the firm’s false advertising and trademark group, which includes litigator Kevin Perra, who represented Radiancy in a putative consumer class action false advertising case relating to the no!no! hair removal product sold by Radiancy and its claimed effectiveness. The department works closely with the firm’s strong intellectual property team.
The ‘excellent’ team at Reed Smith LLP ‘has mastered the art of client dedication’, providing ‘exceptional service, unparalleled experience and practical advice’. The team is recognized for its representation of trade associations and advertising agency networks, including the Association of National Advertisers, the Interactive Advertising Bureau, Interpublic Group and GSD&M. The client roster also includes brands such as Adidas, Lancôme and new client Hulu. Douglas Wood is co-chair of the advertising, technology and media group, and recently advised the Joint Policy Committee on Broadcast Talent Union Relations on the negotiation of a collective bargaining agreement, which is up for renewal in 2016. The ‘extremely well-respected, pragmatic and creative’ Robert Phillips in San Francisco led advice to Coca-Cola in an advertising review and in trademark clearance matters. John Hooper and Eric Gladbach represented Procter & Gamble in two putative class actions alleging false advertising relating to the content of deodorants and the inclusion of unnecessary extra space in the product. The firm obtained no-pay voluntary dismissals in both class actions. Stacy Marcus, who is noted for her expertise in celebrity endorsements and talent agreements, and John Feldman in Washington DC are recommended. Unless otherwise specified, all attorneys are based in New York.
As ‘one of the industry leaders’, Venable LLP ‘is one of the best advertising firms in the country and is in a league of its own for regulatory work’, utilizing its ‘best-in-class expertise, bench strength and responsiveness’ to provide ‘practical and creative advice’. The firm also has ‘one of the strongest legislative and policy practices’. Recent highlights include representing Allstar Marketing Group in an FTC investigation into the client’s ordering practices, and acting as policy counsel to the Digital Advertising Alliance, which aims to provide internet users with the choice in how they receive online advertising. Other clients include Amazon.com, Chick-fil-A and Dick’s Sporting Goods. ‘Strong up-and-coming practitioner’ Amy Ralph Mudge is a key name in the regulatory practice, and regularly represents clients before the FTC and the NAD. The ‘practice’s primary rainmaker’ Jeffrey Knowles and the ‘solution-oriented’ Roger Colaizzi co-head the practice from Washington DC; Colaizzi is representing SharkNinja as plaintiff in a Lanham Act case. The team’s expansion seen in recent years was continued with the hires of former US senator Mark Pryor, Erik Jones from the Illinois attorney general’s office, and Daniel Blynn from Kelley Drye & Warren LLP. All lawyers mentioned are Washington DC based.
Winston & Strawn LLP’s dedicated marketing practice advises clients on an array of issues, including NAD challenges, promotions for sporting events, social media, online brand protection and talent agreements, among others. The department is recognized for its representation of brands and advertising agencies. Recent work includes representing Pacific Foods in two class actions in California regarding alleged false labeling on various food and beverage products, and advising several clients on matters relating to Super Bowl commercials and promotions. Other highlights for the team included defending the Corn Refiners Association in a high-profile false advertising matter, which alleges that the client’s educational campaign describing high-fructose corn syrup as ‘corn sugar’ is misleading under the Lanham Act. Brian Heidelberger leads the practice from Chicago, and recently succeeded on behalf of FanDuel in an NAD false advertising challenge against DraftKings, and also negotiated talent agreements for Hershey with Olympians Rafer Johnson and Carl Lewis. Liisa Thomas is recommended for social media and data security matters, and clients also recommend Ronald Rothstein. Charlotte-based Amanda Groves is recommended for contentious issues.
The ‘top-notch’ department at Kelley Drye & Warren LLP is well versed in the regulatory advertising environment, and has ‘a vast breadth of knowledge paired with a professional team and extensive experience’. The practice also has substantial expertise in FTC litigation and NAD challenges, and is one of the key firms for TCPA disputes. John Villafranco recently represented Sprint Corporation in a suit filed by the FTC claiming that the client violated the Fair Credit Reporting Act and its Risk-Based Pricing Rule in allegedly charging customers with lower credit scores a monthly fee and failing to notify customers up front. Other clients include Dish Network, Honeywell International and Nestlé Nutrition, which the ‘highly valuable’ Dana Rosenfeld is defending in an FTC investigation into advertising for the client’s Good Start Gentle infant formula and possible claims made regarding its ability to protect infants from developing allergies, and, if so, whether the claims are substantiated. The ‘truly great’ Christie Grymes Thompson leads the primarily Washington DC-based practice.
Operating as part of the firm’s intellectual property practice, the advertising group at Kirkland & Ellis LLP ‘provides an exemplary service that is responsive, thoughtful and intelligent, utilizing the team’s deep bench and exceptional industry knowledge’. The firm excels in contentious matters, and has substantial experience before the NAD, FTC and NARB. The department has seen an increase in its class action work, and recently advised Abbott Laboratories in a putative class action alleging the client had falsely advertised its Ensure Muscle Health Shake and Ensure Clinical Strength products. ‘Top-of-the-class lawyer’ Gregg LoCascio in Washington DC led the matter, and is also representing Henkel in a class action alleging the client misled consumers by labeling its deodorants as unscented. Clients also recommend Ross Weisman in Chicago, who ‘has a quick mind and a keen strategic sense’, Washington DC-based Jonathan Brightbill, who is a ‘talented lawyer’, and Dale Cendali in New York, whose ‘intellect is unparalleled’.
Manatt, Phelps & Phillips, LLP handles the full gamut of advertising and marketing matters across disputes, regulation and transactions, for a client list that includes leading international brands such as AT&T, Best Buy, Hulu and Sears. Linda Goldstein is chair of the advertising, marketing and media division. Jeffrey Edelstein represented Profile Products in a NAD challenge against Terra Novo, which is alleged to have made false and misleading comparative performance claims about its competing products. Edelstein also advised AT&T, through its advertising agency BBDO, on an advertising campaign relating to the dangers of mobile phone use while driving. Further key team members include Marc Roth, Los Angeles-based Christine Reilly, who specializes in TCPA matters, and Benjamin Chew in Washington DC, who is noted for his Lanham Act experience. All partners, unless otherwise noted, are based in New York.
Morrison & Foerster LLP’s team is highly regarded for its contentious work, which includes a notable consumer class action focus. The firm is strong on the West Coast, with key offices in San Francisco and Los Angeles, and also has a regulatory presence in Washington DC, led by of counsel Julie O’Neill. O’Neill recently advised clients on how to comply with new online and social media laws and regulations. San Francisco-based practice chair Tiffany Cheung is noted for her experience in TCPA litigation, and recently advised 24 Hour Fitness, Sears Holding Company and Nuance Communications, among others, in class action litigation alleging TCPA violations. Further highlights for the team included representing Uber in a government enforcement action alleging that the client made misleading statements regarding the measures it takes to ensure customer safety. William Stern and Rebekah Kaufman, both in San Francisco, led on that matter. Kaufman is also representing FanDuel in several multi-district class actions involving allegations of false advertising and misuse of confidential information. Los Angeles-based David McDowell represented Netflix, H&R Block and others in a putative class action brought by several groups acting for vision and hearing impaired customers alleging that the clients do not provide sufficient access for disabled individuals.
The practice at Sheppard, Mullin, Richter & Hampton LLP excels in media, sport and entertainment, advising clients on promotions, content issues, endorsement agreements and NAD litigation. The team’s extensive client roster includes Snapchat, Paramount Pictures and also Lions Gate Films, which the firm advised on co-promotional agreements with major brands for the final two instalments in The Hunger Games franchise. The team also recently acted for Samsung in the launch of its Gear VR virtual reality platform, and advised the client on its multi-year sponsorship and content distribution agreement with the NBA and an endorsement agreement with NBA player LeBron James. Robert Darwell in Century City is highly experienced in advising clients in the fashion industry, and recently assisted Chanel with its new global advertising campaign for Chanel No. 5. Other retail clients for the firm include Kate Spade, H&M and also Target, which the department advised on its NASCAR sponsorship deal with Ganassi Racing. Brian Anderson and Paul Garrity are the new co-heads of the practice. Former practice heads Benjamin Mulcahy and Gina Reif Ilardi moved to Jenner & Block LLP in April 2016.
Covington & Burling LLP’s team covers advertising and marketing law comprehensively, advising on data security issues, FTC investigations and consumer product class actions. It has a significant focus on the pharmaceutical and food and beverage industries. John Graubert and Sarah Wilson co-chair the practice from Washington DC. Graubert continues his representation of POM Wonderful in litigation with the FTC over advertising claims, and recently filed a cert petition on behalf of the client. Wilson is assisting Microsoft with global product safety issues relating to electronic devices. Emily Johnson Henn and Andrew Schau, based in Redwood Shores and New York respectively, continued to represent Procter & Gamble in multiple class actions challenging the marketing of its Freshmates personal hygiene wipes as flushable, which plaintiffs claim is false and misleading. The practice has also seen an increase in TCPA-related matters, and the team recently advised AOL in a putative TCPA class action linked to AOL Instant Messenger, successfully dismissing the case for the client. Further clients include Doctor’s Best, ExxonMobil and Itochu International.
Mark Diliberti in Milwaukee leads the trademark, copyright and advertising practice at Foley & Lardner LLP, which advises clients on advertising mandates closely linked with intellectual property issues. The firm advises on contentious and non-contentious matters across a range of sectors, including fashion, financial services, manufacturing, sport and entertainment. Diliberti is assisting Harley-Davidson in several sponsorship and talent deals for the client’s 110th anniversary celebration, and former practice chair Jeffrey Greene, based in New York, is advising Citigroup’s in-house trademark team on various international brand issues. On the fashion and technology side, New York-based Robert Weisbein helped negotiate an agreement between Michael Bastian, Gilt and Hewlett-Packard for Michael Bastian to design a piece of wearable technology for Gilt’s website. New York-based litigator Jonathan Moskin has increased his focus on advertising recently, and has worked on several false advertising disputes. Key clients include 7-Eleven, Unilever and Major League Baseball. Jami Gekas and Craig Fochler, both based in Chicago, are also names to note.
The department at Norton Rose Fulbright is best known for contentious matters, advising national and global clients on Lanham Act false advertising and unfair competition issues. San Antonio-based Saul Perloff is a partner in the firm’s intellectual property group and heads up the advertising practice. He has substantial experience acting for clients in the life sciences and pharmaceutical sectors, and recently represented Nestlé Health Science-Pamlab and Breckenridge Pharmaceutical as plaintiffs in a Lanham Act false advertising case relating to a competitor’s prescription medical foods and dietary supplements. Los Angeles-based Jeffrey Margulies is noted for his expertise in the food sector; examples of his recent work include representing Deoleo US and Safeway in two class actions relating to the labeling of olive oil as ‘extra virgin’. Margulies is also representing Hyland in a false advertising class action centering on allegations that the client’s homeopathic sleep aids do not work as advertised. The team obtained a successful jury verdict for the client. The practice also had experience advising in FTC, NAD and CFPB investigations.
Olshan Frome Wolosky LLP advises across the whole spectrum of contentious, regulatory and transactional matters, with a specific focus on some of the more niche areas of advertising and marketing law, including direct marketing, sweepstakes and contest law, and false advertising litigation. Andrew Lustigman leads the New York-based practice; his recent highlights include advising the Rent the Runway Foundation on the design and structure of a competition and mentorship program designed to help female entrepreneurs. The team also has experience advising on internet and mobile marketing law, and on regulatory matters, including representing clients before the NAD, CARU and FTC. Other notable clients include Fluent, Fareportal and Macromark. Tamara Carmichael joined the firm from Loeb & Loeb LLP in late 2015.
Index of tables
- Mary Ellen Callahan - Jenner & Block LLP
- David Fagan - Covington & Burling LLP
- James Garland - Covington & Burling LLP
- Jim Halpert - DLA Piper LLP (US)
- David Lashway - Baker McKenzie LLP
- Douglas Meal - Ropes & Gray LLP
- Harriet Pearson - Hogan Lovells US LLP
- Aaron Simpson - Hunton & Williams LLP
- Lisa Sotto - Hunton & Williams LLP
Covington & Burling LLP’s team, led by David Fagan and James Garland, represents global retailers, national sports associations, payment card service providers, and global life science companies. Largely based in Washington DC, the team is experienced in incident preparedness, insurance coverage, intellectual property protection, class action defense, insider threats and cybersecurity policies. Eric Holder rejoined the firm in July 2015 after serving as US Attorney General, Aaron Lewis rejoined following a stint as a federal prosecutor in Los Angeles, Raymond Biagini joined, and Richard Rainey rejoined the firm from General Electric, where he served as global chief IP litigator and dealt with cybersecurity threats. Alex Berengaut is a litigator who advises on national security and law enforcement related compliance issues, including electronic surveillance and cybersecurity, and was promoted to the partnership in October 2015, as was San Francisco-based Lindsey Tonsager, who advises multinational companies on how to mitigate data privacy and security risks.
Vincent Sanchez in Chicago and Jim Halpert in Washington DC co-chair DLA Piper LLP (US)’s team, which is ‘nimble and quick to assemble the appropriate response - they understand the regulatory landscape in the US and abroad, the various threat factors and they have the global reach to respond to any type of matter’. Recent mandates include advising LifeLock on its data security policies and new product development regarding data security and credit risks involving its consumer interface. Commended for her experience in high-profile data breach investigations, clients say of Washington DC-based counsel Tara Swaminatha that she ‘understands the various workflows of an investigation, plans for contingencies, anticipates client concerns and pain points, successfully liaises with law enforcement, understands forensics and is able to digest technical reports in a meaningful and actionable way’. Other clients include Blue Cross Blue Shield Association, Avid Life Media, and the Internet Security Alliance. Aravind Swaminathan departed for a position at Orrick, Herrington & Sutcliffe LLP.
Hogan Lovells US LLP’s practice is led out of the Washington DC office by the highly renowned Harriet Pearson. A highlight of the year was acting for Anthem in the wake of its cyber attack in February 2015; the team is providing advice regarding the forensic investigation, breach notification, communications and interactions with consumers; and is handling investigations by federal and state health and insurance regulators, state attorneys general and law enforcement. The team recently welcomed Stephanie Yonekura to the Los Angeles office, who, prior to joining the firm, was the acting US attorney for the Central District of California. Senior associate and Safety Act specialist Allison Bender joined the DC office from the Department of Homeland Security.
Hunton & Williams LLP represents a large number of clients in the retail, healthcare, financial and technology sectors, and has done recent work for the likes of Google, JPMorgan Chase, MasterCard, Morgan Stanley, Procter & Gamble, Rite Aid and The Blackstone Group, among others. Lisa Sotto is head of the global privacy and cybersecurity practice and Aaron Simpson and DC-based Paul Tiao are key members of the team, with expertise in the cybersecurity policies of national companies, insider threats and data security incidents involving payment card systems. Phyllis Marcus joined the DC office as counsel from the FTC, where she led the children’s online privacy program.
The Ropes & Gray LLP team advises clients on all aspects of cybersecurity and responses to cyber intrusions, including investigations, remediation and regulatory and contract compliance. San Francisco-based James DeGraw is recommended for his ‘knowledge and experience’, and Seth Harrington in Boston ‘is very knowledgeable and professional’. Douglas Meal and Heather Egan Sussman co-head the privacy and data security practice; Sussman recently joined from McDermott Will & Emery LLP. Clients include Target, Neiman Marcus, Genesco and Home Depot. For Wyndham Hotels, the team has been handling various data security breaches of the computer networks of a number of independently owned Wyndham-branded hotels in which payment card data was collected; the FTC lawsuit settled in December 2015 with an agreement to establish an information security program that will include annual auditing.
Theodore Kobus heads up the practice at Baker & Hostetler LLP, which recently welcomed Will Daugherty as counsel to the Houston office from an in-house position at GameStop. Elsewhere, Amy Fouts and counsel Vimala Devassy joined the Atlanta office, and Paulette Thomas joined the Cincinnati office as counsel. The new hires bring expertise in incident response preparedness, healthcare, regulatory matters, and HIPAA compliance. Significant recent work includes assisting with data breaches suffered by Blue Cross Blue Shield.
David Lashway leads the six-partner team at Baker McKenzie LLP, which advises global vehicle manufacturers, internet services companies, global hotel chains, financial groups, and telecoms companies. Recent work includes carrying out crisis management and an investigation following a computer network intrusion involving servers in 70 countries. Other expertise includes investigations into compliance with FTC decrees. Hillary Brennan was promoted to the partnership in January 2015.
The Morrison & Foerster LLP team ‘is at the top of the game, especially in the storm that is privacy law’. Miriam Wugmeister and Andrew Serwin, who are based in New York and San Diego respectively, lead the team, and along with Nathan Taylor in Washington DC and Christine Lyon in Palo Alto, they are commended for their ‘sensible privacy program counseling, and data breach expertise in both domestic and international matters’. Washington DC-based Rick Fischer is recommended for his knowledge of US financial privacy and policy. The team is representing CVS before the FTC and the Office for Civil Rights in a consent decree and resolution agreement arising from allegations related to information security.
Orrick, Herrington & Sutcliffe LLP’s lawyers in this space ‘are extremely responsive and client focused, they meet the needs of both in-house counsel and tech-savvy business clients’. Antony Kim in Washington DC and Aravind Swaminathan in Seattle - who joined in January 2015 from DLA Piper LLP (US) - earn particular praise. Gabriel Ramsey, who splits his time between San Francisco and Silicon Valley, has extensive experience litigating intellectual property theft cases, handling technical threats and building defensive programs to protect clients’ data, systems, products and intellectual property. Seattle-based Rob McKenna and Los Angeles-based Mark Mermelstein are also key members of the team. Microsoft, Sony, the City of Seattle, T-Mobile and W.W. Grainger are examples of its high-profile clients.
Pillsbury Winthrop Shaw Pittman LLP ‘is the gold standard in the cybersecurity area’, according to one client. Co-chair Brian Finch in the DC office is ‘knowledgeable, available and helpful’ and Los Angeles-based Catherine Meyer is known for advising clients regarding the protection of financial privacy and customer privacy rights under state, federal and international statutes and regulations, and is experienced in relation to personal information threats. Deborah Thoren-Peden is advising Fortune 500 multinational financial services corporations on privacy and enforcement matters, and is assisting with the design of risk-based compliance programs, including banking transactions, charge card processing and travel services.
The team at Proskauer Rose LLP ‘delivers competent, calm and professional counsel in times of stress’ and is led by the ‘highly competent’ Kristen Mathews in New York. Clients include international consumer-facing businesses, telecom companies, management software providers, household goods retailers, national plumbing franchises and luxury goods brands.
Sidley Austin LLP is, according to one client, ‘among the very best - the privacy team is bright, creative, hardworking, timely and decent’. Washington DC-based Edward McNicholas, Alan Raul and Anna Spencer ‘are outstanding in every respect’. Apple, AT&T, Neiman Marcus, and Michaels Stores are among its high-profile clients. James Cole joined after serving as US Deputy Attorney General, and trial lawyer Michael Mallow joined from Loeb & Loeb LLP; both have strengths in privacy, data security and information law.
Steptoe & Johnson LLP has ‘an incredibly responsive, first-rate team’, which is led by Stewart Baker in Washington DC and Michael Vatis in New York. Clients say of the pair that their ‘knowledge of not only the law but also the politics involved in dealing with law enforcement and national security matters is fantastic’. The team was retained by Coalition for Responsible Cybersecurity - made up of Ionic Security, Intel, Synack, FireEye, Raytheon, and Symantec - whose aim is to oppose the adoption of certain export control regulations proposed by the Commerce Department that, among other things, would require licenses for all exports of controlled cybersecurity items. According to the Coalition, the proposed rule would impact US cybersecurity effectiveness.
Arnold & Porter Kaye Scholer LLP has a primarily healthcare-focused practice, led by Washington DC-based Nancy Perkins, Ronald Lee and Kenneth Chernof. Perkins has expertise in international law and advises clients on US-EU Safe Harbor with regard to the EU Data Protection Directive. Lee focuses on national security, cybersecurity, and government contracts matters, and Chernof is a litigator with data breach expertise.
Cooley LLP’s practice is led by Michael Rhodes in San Francisco, ‘he provides good all-around advice and is a great privacy and cyber lawyer’. Randy Sabett in Washington DC is a key team member and recently assisted a provider of online HR services after sensitive information was released. San Francisco-based Matthew Brown is another key team member and was recently involved in defending a high-profile client in the online retail space in a class action involving a breach of users’ personal information data.
Debevoise & Plimpton LLP fields a ‘thorough, client-friendly and very professionally managed team’, and singled out for particular praise by clients are Jeremy Feigelson and recently promoted partner David Sarratt. They are both based in New York, as is Jim Pastore, who was promoted to the partnership in April 2015. In Washington DC, former head of the DOJ’s criminal division David O’Neil joined the team, bringing strengths in cybersecurity and white-collar crime, and former chief privacy officer at Fannie Mae Jeewon Kim Serrato joined as litigation and cybersecurity counsel. Home Depot, Viacom, Sony and NBCUniversal are among its high-profile clients.
The Washington DC-based team at Jenner & Block LLP was recently bolstered by the arrivals of Nancy Libin from Wilkinson Barker Knauer LLP, Heidi Wachs, who joined as special counsel from Gartner, and Mark Nackman, who joined from Dynamics Fidelis. Recent highlights include acting for a large cable provider in the US as part of an international data breach and cybercrime incident involving third-party service providers. Mary Ellen Callahan leads the team and is highly experienced in advising clients on cyber insurance, breach preparedness and implementing technical tools for cybersecurity protection.
Latham & Watkins LLP’s Washington DC-based practice head Jennifer Archie is ‘dynamic, responsive, personable, and clearly and simply communicates in a way that bridges the gap between technology and law’. During the team’s representation of LogMeIn in its acquisition of LastPass, LastPass suffered a data breach involving users’ personal information; the team supervised the security breach and recovery, and devised deal terms to mitigate issues arising that might have affected the transaction; Susan Mazur and Sarah Gagan in Boston were both involved in this matter. New York-based Jeff Hammel is a securities litigator, and recently handled cybersecurity matters for a large publicly traded company.
Mayer Brown boosted its cyber offering with the hire of new practice leader Rajesh De in Washington DC, formerly of the National Security Agency. The team advised a client in the food sector on a significant data breach in its Asian offices involving a third-party vendor. Kendall Burman joined as counsel from the Department of Commerce and has expertise in consumer privacy, and Josh Silverstein joined as an associate from the DOJ and has specialist knowledge of national security issues.
WilmerHale’s practice is led by D. Reed Freeman and Benjamin Powell in Washington DC. Recent mandates include assisting a major technology company in investigating compliance with data localization requirements regarding the provision of cloud services to numerous federal agencies.
Technology: data protection and privacy
Index of tables
Technology: data protection and privacy
- BuckleySandler LLP
- Davis & Gilbert LLP
- Debevoise & Plimpton LLP
Foley & Lardner LLP
- Gibson, Dunn & Crutcher LLP
- Goodwin Procter LLP
- Jenner & Block LLP
- Jones Day
- Latham & Watkins LLP
Locke Lord LLP
Manatt, Phelps & Phillips, LLP
- Mayer Brown
- Seyfarth Shaw LLP
- Sheppard, Mullin, Richter & Hampton LLP
- Venable LLP
- Winston & Strawn LLP
- Jennifer Archie - Latham & Watkins LLP
D Reed Freeman -
- Jim Halpert - DLA Piper LLP (US)
- Brian Hengesbaugh - Baker McKenzie LLP
- Stuart Ingis - Venable LLP
- Ieuan Jolly - Loeb & Loeb LLP
- Kristen Mathews - Proskauer Rose LLP
- Harriet Pearson - Hogan Lovells US LLP
- Randy Sabett - Cooley LLP
- Andrew Serwin - Morrison & Foerster LLP
- Heather Egan Sussman - Ropes & Gray LLP
- Lisa Sotto - Hunton & Williams LLP
- Liisa Thomas - Winston & Strawn LLP
- Marcy Wilder - Hogan Lovells US LLP
- Christopher Wolf - Hogan Lovells US LLP
- Miriam Wugmeister - Morrison & Foerster LLP
Baker McKenzie LLP’s practice is led by Lothar Determann in Palo Alto and Brian Hengesbaugh in Chicago, and clients applaud the duo for being ‘very knowledgeable and practical’. Ryan Fayhee joined the Washington DC office having previously held a role as a national security prosecutor for the DOJ; he now focuses on compliance issues related to export controls, sanctions, and anti-corruption laws and regulations. Recent work includes advising an IT security company with its global expansion, data privacy compliance, and litigation and M&A transactions.
Kurt Wimmer heads up Covington & Burling LLP’s practice and frequently represents high-profile clients such as the NFL on data security issues. Other notable work includes advising Facebook before the FTC and assisting with a wide range of privacy and security issues in the US. Partner promotions included litigator Alex Berengaut, who focuses on national security and law enforcement compliance issues, including electronic surveillance; Michael Nonaka, who deals with data privacy and security issues; and Lindsey Tonsager, who advises on mitigating data security risks.
DLA Piper LLP (US) ‘takes a practical approach to data breach response, seeking to understand the client’s business risk and concerns’. The group was appointed to the global panel of a leading spirits distributor for assistance on its privacy matters, and has also been appointed counsel to a major auto manufacturer on connected car privacy issues. Thomas Boyd and Jim Halpert are the chairs, both located in Washington DC. Amor Estaban joined the San Francisco office from Shook, Hardy & Bacon LLP and has expertise in e-discovery, records and information management, cloud computing, social media, data privacy, data breach and cyber crimes. Marcia Augsburger and Aravind Swaminathan departed for positions at King & Spalding LLP and Orrick, Herrington & Sutcliffe LLP respectively.
Hogan Lovells US LLP’s Washington DC-based practice ‘is incredibly responsive and its expertise in global privacy laws is unparalleled’, according to one client. Christopher Wolf ‘is an outstanding resource for directional and policy questions’. Scott Loughlin was promoted to the partnership; he ‘is as responsive as he is smart’ and considered a ‘first-stop’ for data privacy questions. Marcy Wilder is a health privacy and health data management expert, and Harriet Pearson has longstanding cybersecurity and data privacy law expertise. Wolf and Wilder lead the team and recently advised a global technology company on HIPAA, HITECH and FTC compliance, state privacy laws, cloud storage, and business associate issues.
Lisa Sotto is head of global privacy and cybersecurity at Hunton & Williams LLP, and Aaron Simpson is a key US partner for privacy matters. The team, which is spread between New York and Washington DC, regularly advises large utility companies, financial institutions, and national retailers on strengthening their network security policies and practices, assessing inventories of sensitive data and networks, and providing cybersecurity and national security updates with regard to policy, regulatory and legislative developments. Phyllis Marcus joined as counsel from the FTC.
Morrison & Foerster LLP’s team ‘has incredibly deep industry knowledge’, according to sources, and is praised for ‘always focusing on pragmatic business answers and never answering academically’. Regulated industries with online aspects is the team’s niche, and team heads Andrew Serwin in San Diego and Miriam Wugmeister in New York have strengths in cybersecurity and privacy class actions respectively. Recent engagements include advising a US manufacturing company on data protection issues relating to its e-commerce site, including cookie compliance and online behavioral advertising.
Sidley Austin LLP’s team has a prominent practice in the financial services sector and has extensive experience acting for telecoms and analytics companies. ‘The privacy team is truly a pleasure to work with - they are well connected with privacy regulators and thought leaders around the world and can bring significant expertise to bear on behalf of the client’. Alan Raul represents clients on federal, state and international privacy issues; Anna Spencer has strengths in health-related privacy and security; Edward McNicholas’ niche is assisting technologically sophisticated companies with regulatory and policy issues; and John Casanova plays an important role in the practice from the Singapore office.
On behalf of newly won client Horizon Healthcare, Arnold & Porter Kaye Scholer LLP obtained the dismissal of a data breach class action following the theft of laptops containing customer information. It secured the same result for Leidos when a putative class action was filed against the government contractor regarding the theft of back-up data tapes containing customer information. Ronald Lee focuses on national security, cybersecurity and government contracts matters; Kenneth Chernof advises on litigation resulting from data breaches; and Marcus Asner has expertise in identity theft, cyber crime and credit card bust-out schemes. Washington DC counsel Nancy Perkins is an expert on COPPA.
The well-regarded Theodore Kobus leads Baker & Hostetler LLP’s team and is recommended for his ‘attentiveness, knowledge of the regulators and ability to provide guidance through all stages of an incident, from discovery to litigation - and everything in between’. Craig Hoffman’s knowledge of the payment card industry is ‘incredible’ and overall the team is praised for its ability to ‘offer immediate and practical advice, including from the most senior partners on the team’. Will Daugherty joined as counsel in the Houston office from an in-house position at GameStop; the Atlanta office welcomed Amy Fouts, who joined from the now defunct McKenna Long & Aldridge along with counsel Vimala Devassy, and brings expertise in HIPAA compliance and incident response; and Paulette Thomas joined the Cincinnati office from her in-house corporate counsel role at Catholic Health Initiatives. Recent work includes acting for GameStop in winning the dismissal of privacy litigation alleging unlawful monitoring of online consumer behavior.
Cooley LLP ‘fields an insightful and responsive practice and provides good advice and good value’. Michael Rhodes ‘gives trustworthy advice’ and Matthew Brown and Randy Sabett play key roles in the 16-partner group. The team is well versed in the telecoms sector, and acts as counsel to a major cable operator, advising on compliance with FCC customer proprietary network information rules and reporting requirements, and on TCPA compliance. Sabett is leading advice to a major gaming organization regarding implementing rules and agreements that allow for cybersecurity information sharing to occur among various industry stakeholders.
Kelley Drye & Warren LLP’s Washington DC-based team ‘knows its stuff, and can help with anything’, according to a client. Jameson Dempsey earns particular praise, and Dana Rosenfeld, who leads the team, represented Verizon in a data security investigation by the FTC. Rosenfeld also assisted Internet database service provider TrueNorth Compliance regarding a data security breach, in which a document containing personal information became accessible. Alysa Hutnik has strengths in mobile payment issues, John Heitmann is experienced in acting for communications service providers and Christopher Loeffler has privacy compliance expertise.
James Taylor and Kenneth Florin co-lead Loeb & Loeb LLP’s practice, which advises clients such as Blackberry, Comcast, Nike, Visa, HBO and Toyota USA. Data optimization is a niche area for the team, as is advising online streaming agencies on how to use sensitive mobile information. Nathan Hole in Chicago and Ieuan Jolly in New York are among key members of the team; Jolly heads up the privacy practice, and recent mandates include advising on a $200m data licensing transaction involving geolocation data, audience augmentation, data matching and predictive analysis for a large international radio programmer.
Clients say of the team at Pillsbury Winthrop Shaw Pittman LLP that the ‘service is A-plus’. Washington DC-based Brian Finch is ‘knowledgeable, available and helpful, and his guidance and good sense help clients reach policy goals every time’. The team represented a financial services holding company and others in connection with the data breach of a national insurer which happened in early 2015. Finch, who is well known for his SAFETY Act expertise, led advice to FireEye in securing SAFETY Act certification for two of the company’s cybersecurity products. Deborah Thoren-Peden leads the group and is an expert on US privacy laws, virtual currencies, and mobile payment issues.
Proskauer Rose LLP’s 13-partner team is led by Kristen Mathews in New York, ‘she has outstanding proficiency in the area and can easily and quickly understand clients’ issues’. Margaret Dale is a key litigator for data breaches, and Sigal Mandelker is very experienced in government-related privacy matters. Recent highlights include creating a data protection program and policy suite for a global solar energy company, and, in another matter for the same client, the team is defending against allegations of misappropriation of customer and other competitive information.
Reed Smith LLP’s clients include the likes of Avis Budget Group, NiSource, Practice Fusion, Sterling Infosystems and various financial businesses, and it provides advice in relation to regulatory matters, data policy, transactions and contract drafting. Angela Angelovska-Wilson ‘has wide and detailed knowledge of the industry’. William Cook joined from McGuireWoods LLP in Chicago, and has strengths in privacy projects and information protection in the real estate sector. Work highlights included acting for Zwipe in its partnership with MasterCard for the use of biometric technology in a contactless payment card with an integrated fingerprint sensor.
Heather Egan Sussman in Boston leads Ropes & Gray LLP’s practice along with Rohan Massey in the London office. Sussman is a recent arrival from McDermott Will & Emery LLP and brings longstanding expertise in privacy, information security and consumer protection. The team advises Under Armour on the privacy, security and data management aspects of its connected fitness division and related mobile applications. Deborah Gersh is co-chair of the healthcare practice and led work for Heartland Dental, which involved the discovery of an ongoing, multi-year attack on various websites belonging to the client. The team also advises Service Management Group, a market research and consumer insight company, on its global privacy program, cybersecurity, international data transfers, and on the privacy and security aspects of its mobile application.
WilmerHale provides advice to clients such as State Street on privacy, data security, and consumer protection issues, and is also involved in defending an FTC investigation into Target’s data security practices in the wake of its major data breach in 2013. It also acted for American Express in two mobile payments deals. D Reed Freeman and Benjamin Powell are the co-leaders of the practice and each has expertise in cross-device tracking and targeting, and assisting technology providers in the travel industry with cybersecurity issues.
BuckleySandler LLP’s Margo Tank ‘is tremendously talented and passionate, she is universally recognized in the industry as one of the go-to experts in the field’. Washington DC-based Tank leads the team with Elizabeth McGinn, who is based in New York, and the pair have expertise in e-commerce, fintech, regulatory examinations and investigations, and FTC compliance in particular. The team advises companies in the telecoms, alternative energy production and financial services sectors on privacy, information security and cybersecurity requirements, and advises on privacy and security risk mitigation and cyber insurance.
Davis & Gilbert LLP’s Gary Kibel ‘is extremely knowledgeable and understanding, and is efficient’. Kibel leads the team along with Richard Eisert, who is knowledgeable in the area of social media data security negotiations. The team has been advising various children’s advertisers and their agencies on COPPA and HIPAA compliance and cross-device tracking, and it has been advising clients on self-regulating procedures within mobile privacy matters.
Debevoise & Plimpton LLP’s Jeremy Feigelson leads the cybersecurity and data privacy practice and he and recently promoted partner David Sarratt are considered ‘thorough and client friendly’. Jim Pastore, who focuses on privacy and cybersecurity, was promoted to the partnership in April 2015; and new hire David O’Neil, who was previously head of the DOJ’s criminal division, joined the Washington DC office bringing strengths in cybersecurity and white-collar and criminal matters. Former chief privacy officer at Fannie Mae Jeewon Kim Serrato joined as litigation and cybersecurity counsel. Bruce Yannett is leading work for Home Depot following its widely reported data breach of 2014, which resulted in the theft of payment card details of millions of customers; the work includes board-level investigation, post-breach remediation strategies and law enforcement compliance.
Foley & Lardner LLP recently welcomed Beni Surpin from Paul Hastings LLP, and Matthew Karlyn rejoined after a stint at Cooley LLP. With a team spread across Jacksonville, Boston, Los Angeles, San Francisco and Chicago, it provides expertise in data privacy and security compliance, software and technology agreements, domain names and social media policies. Chanley Howell led advice to Marriott in regard to compliance with the recent amendments to the Telephone Consumer Protection Act.
Gibson, Dunn & Crutcher LLP has been representing Facebook in its European privacy proceedings. In particular, the Belgian branch of the social media client was accused of breaching Belgian privacy rules by the alleged tracking of non-users through the use of social plug-ins and cookies. For Uber Technologies, the team assisted in defeating a putative class action stemming from a data breach in which the plaintiff alleged that the breach resulted in, among other things, an attempt to open a credit card in his name. Los Angeles-based Debra Wong Yang, New York-based Alexander Southwell and Sean Royall, who splits his time between Dallas and Washington DC, are the co-leaders of the 15-partner practice. Other key representations in the past year included acting for government contractor KeyPoint in relation to an alleged data breach of government personnel records in connection with the high-profile US Office of Personnel Management breach.
Goodwin Procter LLP is particularly well known for its strengths in the financial services and technology sectors, and the Boston-based co-chairs Brenda Sharton and Lynne Barr have experience in representing property companies with computer system breaches, and assisting secure identity management companies with HIPAA compliance policies. William Growney joined the Silicon Valley office from RichRelevance, a technology company based in San Francisco; Cindy McAdam joined the same office from bitcoin wallet Xapo; and the Washington DC office welcomed Michael Flynn from Flagstar Bancorp.
The Jenner & Block LLP practice engages in cross-border data security activities and is led by Washington DC-based Mary Ellen Callahan. Callahan has recent experience advising a national cable provider affected by an international data breach, and also advised the client on FCC regulatory issues. TCPA litigation is among the core strengths, and new hires included Nancy Libin, who joined from Wilkinson Barker Knauer LLP, and special counsel Heidi Wachs, who joined from information technology company Gartner. New clients span the education, mobile technology, and communications sectors, and AEP Energy and Northern Trust are clients.
Jones Day provides counsel to the Internet Corporation for Assigned Names and Numbers on matters such as data protection regulation, domain name registry, and negotiations with various EU data protection authorities regarding data retention requirements. New York-based Mauricio Paez led data protection advice to Cardinal Health throughout its acquisition of the Cordis Corporation and other global assets from Johnson & Johnson. Los Angeles-based Daniel McLoon co-leads the team with Paez, and core strengths include advising on the theft of digital assets, EU-US data transfers, internal cyber crime investigations, and e-health data protection issues.
Latham & Watkins LLP’s practice leader Jennifer Archie ‘is one of the best all-round privacy attorneys - her knowledge is comprehensive across privacy areas, including data breach and preparation work, litigation defense, and enforcement actions’. Ongoing work includes advising Vizio on global data privacy and security matters, including the potential expansion of smart TV sales into foreign markets with explicit data protection laws. For The Carlyle Group, it acted in the acquisition of Novetta Solutions, a provider of data analytics and cybersecurity solutions.
Bart Huffman leads the Locke Lord LLP team, which has experience in advising clients on Safe Harbor compliance, particularly where the FTC is involved. Recent work highlights include an investigation of potential data security incidents involving credit card and other personal information leakages. The client base includes financial institutions, international energy companies, software companies and state authorities.
‘The unfailingly smart and completely customer-focused’ team at Manatt, Phelps & Phillips, LLP has ‘strong knowledge, expertise, and the ability to facilitate discussions that result in appropriate policy solutions’. Practice head Donna Wilson ‘is very smart and extremely diligent, she knows when it makes sense to fight or defend a principle, but can balance that sensibility against the benefit of getting closure on a matter through a quick and favorable settlement’. Particularly notable is the firm’s work defending against customer data collection class action lawsuits in California and Massachusetts, and in individual TCPA claims. The well-regarded Robert Belfort is assisting the New York eHealth Collaborative with the development of a plan to sustain the Statewide Health Information Network of New York.
Rajesh De is the newly appointed leader of Mayer Brown’s cybersecurity and data privacy practice, having previously held a position as general counsel at the NSA. Recent work highlights include representing Spokeo in the Supreme Court in an FCRA class action in which the client - an internet search engine that finds people through aggregating public information - allegedly published inaccurate information about the plaintiff that qualifies as a ‘consumer report’ under FCRA rules. Kendall Burman joined as counsel from the Department of Commerce.
Scott Carlson in Chicago and John Tomaszewski in Houston chair Seyfarth Shaw LLP’s practice, which recently saw the arrival of two senior counsels; M. James Daley and Patrick Burke. Chicago-based Daley has experience in EU-US data transfer matters, and New York-based Burke focuses on cross-border electronic discovery and disclosure. US-headquartered staffing agency Kelly Services is a client, as are First Point, a telecoms and network hardware reseller, and data privacy management company True Ultimate Standards Everywhere. Julia Jacobson joined the Boston office from McDermott Will & Emery LLP in February 2016.
The Sheppard, Mullin, Richter & Hampton LLP practice handles data breach responses and investigations, and is led by Craig Cardon, who clients say ‘is smart, practical, easy to work with, and tough when he needs to be’, and Brian Anderson, who is also well regarded by clients and has strengths in cross-border data transfers and in advising technology companies with data-related compliance, transactions and security. Cardon is based in Century City and sometimes San Francisco, and Anderson splits his time between San Francisco and Silicon Valley. Benjamin Mulcahy, who splits his time between Century City and New York, handles international privacy compliance for a global beverage company and specializes in data-related issues.
Stuart Ingis and Emilio Cividanes lead Venable LLP’s Washington DC-based practice, and recent work highlights include developing and advising on the implementation of self-regulatory principles for the collection of data on mobile websites for the Digital Advertising Alliance (DAA). Other areas recently advised upon include data security and breach notification, cybersecurity information sharing, the Internet of Things, and geolocation matters. Former senator Mark Pryor joined in early 2015, bringing expertise in cybersecurity and internet privacy; and Ari Schwartz joined as managing director of cybersecurity services, after serving as a member of the White House National Security Council. Cybersecurity expert Erik Jones also joined after holding a position as deputy general counsel and chief investigative counsel to the US Senate Committee on Commerce.
Winston & Strawn LLP advises Fortune Brands and its subsidiaries with their respective privacy obligations, and assists with the updating of the companies’ privacy disclosures and with general privacy compliance matters, including the launch of a new mobile app. Chicago-based Liisa Thomas leads the practice and is an expert on data breach notifications, and new arrivals included Scott Landau, who joined the New York office in March 2015 from Pillsbury Winthrop Shaw Pittman, LLP, and Kobi Brinson, who joined the Charlotte office from Bank of America, where she served as assistant general counsel.
The practice at McDermott Will & Emery LLP is led by Chicago-based Daniel Gottlieb, whose areas of expertise include health privacy, mobile apps, e-commerce, text messaging and other digital law issues. In the health space, the team acted for a major healthcare services company in securing international data protection approvals, and provides advice on HIPAA compliance.
Norton Rose Fulbright US LLP fields ‘a responsive, practical and expert team’, which is led by ‘an extremely strong duo’. David Navetta in Denver is a security expert, and Boris Segalis in New York is strong on the privacy side. ‘Navetta’s major strength is his analytical skills; he can quickly provide gut reactions and then be able to dive deeper for a more thorough analysis, if needed’. The team acts for clients from the financial services, pharmaceutical, life sciences, retail, insurance and energy sectors, and is experienced in payment card breaches, cloud computing issues, data hub relocation projects and HIPAA compliance.
Orrick, Herrington & Sutcliffe LLP’s team is co-led by Antony Kim in Washington DC, Mark Mermelstein in Los Angeles and Aravind Swaminathan, who joined the Seattle office from DLA Piper LLP (US). The trio is applauded for being ‘extremely responsive and client focused, and succeeding at meeting the needs of both in-house counsel and tech-savvy business clients’. The team advises an online dating company on data collection issues and data usage across its social network and mobile brands, and, for the City of Seattle, it worked with its privacy team to plan and develop an internal privacy toolkit to educate its employees on privacy and security objectives and compliance, and to create umbrella data protection and privacy documents to assist with the client’s vendor contracts.
Paul Hastings LLP’s practice saw James Koenig’s arrival in the New York office in September 2015. Koenig previously built and led the global privacy, incident response and data management practices at PwC and Booz Allen Hamilton. Thomas Counts and Behnam Dayanim co-chair the practice; Counts focuses on technology-related litigation, and Dayanim has expertise in regulatory compliance, internal and regulatory investigations, and data breach response. Areas of expertise include fintech, healthcare, pharmaceuticals and mobile-related matters. Samsung, JPMorgan Chase, and Pfizer are among its new client wins.
Index of tables
- Kenneth Adler - Loeb & Loeb LLP
- James Alberg - Pillsbury Winthrop Shaw Pittman LLP
- John Delaney - Morrison & Foerster LLP
- Ross Docksey - Dentons
- Rebecca Eisner - Mayer Brown
Robert Finkel -
- Christopher Ford - Morrison & Foerster LLP
- David Guedry - McDermott Will & Emery LLP
- Vivian Hanson - Morrison & Foerster LLP
- Neil Hirshman - Kirkland & Ellis LLP
John Howell -
- Gregg Kirchhoefer - Kirkland & Ellis LLP
- Samuel Kramer - Baker McKenzie LLP
- Kevin Lyles - Jones Day
- Daniel Masur - Mayer Brown
- Barbara Melby - Morgan, Lewis & Bockius LLP
- Michael Mensik - Baker McKenzie LLP
- Daniel Mummery - Gibson, Dunn & C rutcher LLP
- Trevor Nagel - White & Case LLP
- Jeffrey Neuburger - Proskauer Rose LLP
- Stephen Nordahl - Gibson, Dunn & Crutcher LLP
- Aaron Oser - Pillsbury Winthrop Shaw Pittman LLP
- Randall Parks - Hunton & Williams LLP
- William Peters - Gibson, Dunn & Crutcher LLP
- Brad Peterson - Mayer Brown
- Michael Pillion - Morgan, Lewis & Bockius LLP
- Paul Roy - Mayer Brown
Michael Ryan -
Kelley Drye & Warren LLP
- Akiba Stern - Loeb & Loeb LLP
- Robert Zahler - Pillsbury Winthrop Shaw Pittman LLP
Recent clients for Gibson, Dunn & Crutcher LLP include Hyundai Capital America, which the firm advised on the acquisition of certain technology and back office support functions in connection with the launch of its finance and leasing business in Canada. William Peters, a practice co-chair in Los Angeles, led this work, and is highly experienced in complex technology and outsourcing transactions, such as IT operations including data center, network, desktop support, telecoms, call center, and application maintenance and development services. Other co-chairs are Palo Alto-based Daniel Mummery, who focuses on complex onshore and offshore ITO and BPO transactions, and Stephen Nordahl in New York, who is experienced in disputes relating to strategic sourcing and commercial transactions. Other work includes representing DuPont in the renegotiation of its IT infrastructure outsourcing arrangement with IT company CSC. The team advised on several outsourcing arrangements for Credit Suisse Alternative Investments, including those with BNP Paribas and cloud services provider SS&C.
Mayer Brown ‘fields experts in the area of real estate outsourcing, they are creative thinkers, and the overall level of service is excellent’, according to one source. Rebecca Eisner in Chicago led recent work for Thomson Reuters in relation to an outsourcing agreement for facility management services for facilities in 13 Latin American countries. Clients are impressed by Washington DC-based Kevin Rang’s ability to ‘resolve difficult issues that arise in negotiating major deals’. Chicago-based Daniel Masur ‘has very strong industry knowledge and an understanding of clients’ business goals; he provides exemplary advice’. Linda Rhodes in Washington DC ‘provides a very good balance of legal judgment and business acumen’. Brad Peterson has been assisting Lumileds - a spin-off of Philips - with software licensing, cloud services, managed service providers, and system integration. Cemex, VF Corporation, and Wolters Kluwer are clients. Joe Pennell of the Chicago office was promoted to the partnership in January 2016 and has a range of expertise spanning ITOs, BPOs and facilities management outsourcing. Paul Roy is recommended.
Pillsbury Winthrop Shaw Pittman LLP’s team provides ‘tremendous value and the depth of knowledge is invaluable’, according to a source. Notable practitioners within the group include Jeffrey Hutchings, who ‘has deep IT and contracting knowledge and always keeps the client’s interests at heart’, and Mario Dottori, who ‘is one of best - his drafting is top notch’. Aaron Oser leads the practice and is highly experienced in managing ITO and BPO relationships, licensing agreements, and cloud development and ERP system implementation transactions. Robert Zahler is highly experienced in the structuring of telecoms and managed network services transactions, the development of systems integration and custom system contracts, and computer software licensing. James Alberg represents clients in strategic, complex multinational ITOs and BPOs. Benjamin Dean was promoted to the partnership and focuses on negotiating and preparing buy and sell side services, BPO and ITO agreements, cloud and software-as-a-service (SaaS) arrangements, hardware lease agreements, ERP implementation and licensing agreements. Morgan Stanley, Nielsen, General Electric, IMS Health, NASCO and Dun & Bradstreet are clients. Joshua Konvisser departed for a position at Ernst & Young.
Sonia Baldia recently joined Baker McKenzie LLP’s Washington DC office from Kilpatrick Townsend & Stockton, and has provided a significant boost with her expertise in inbound and outbound India transactions. Her practice also encompasses IT and business processes, including finance and accounting functions, employee services, data analytics, telecoms, infrastructure, product engineering, and global service delivery models. Michael Mensik leads the team from Chicago, and recent experience includes advising a Fortune 500 healthcare company on complex technology transactions and managed services agreements with domestic and offshore providers. Peter George’s recent work includes advising a client with the structuring and negotiating of various recruitment process outsourcings. Other core strengths of the practice include RFP preparation and down selection, governance and renegotiation, and cross-border and regulatory issues related to ITOs and BPOs, including allocating legal and regulatory responsibility for outsourced services. Samuel Kramer is recommended.
At DLA Piper LLP (US), ‘the business acumen and technology sourcing knowledge is among the very best’, according to sources. Head of department Vincent Sanchez, who is based in Chicago, and of counsel Anne Friedman in Los Angeles, ‘both have extensive knowledge of building high-value technology sourcing deals for application and infrastructure, and provide superior guidance and direction on key terms within the deal structures’. Gregory Manter in Chicago acted for Inteliquent, a telecoms services provider, in the negotiation of a three-year services agreement valued at over $100m, pursuant to which the client provides inbound and outbound wireline and mobile network routing services on behalf of T-Mobile.
Hunton & Williams LLP’s practice is ‘second to none in terms of value for the level of expertise received, and it consistently exceeds expectations’, according to one client. Andrew Geyer and practice head Randall Parks are both based in Virginia and are recommended for their strengths in IT outsourcing and overall IT contract negotiation. Cecilia Oh was promoted to partner in the Washington DC office and has strengths in complex commercial contracts and technology-related transactions, including IT and human resources outsourcing, SaaS and cloud transactions, technology licensing and procurement, network security solutions, and e-commerce and payment processing services. Recent mandates include advising an international distributor of specialty technology products with its global ERP implementation, cloud services transactions and general IT matters. The team is also advising a luxury retailer on an e-commerce platform transaction and negotiations regarding a cloud services agreement.
Kelley Drye & Warren LLP’s team is led out of Chicago by the well-regarded Michael Ryan. In New York, special counsel Richard Cohen ‘has unique experience from his long in-house technology background, which brings great value to the table’. Recent high-profile mandates include acting for a large, global IT company in numerous BPO-related matters, including assisting with a multi-year transaction with a large life insurance company worth just under $1bn. It also assisted a large global management consultant services company with its cloud, digital and strategic offerings, as well as BPO litigation, and advised a global sportswear retailer on negotiating an enterprise-wide SaaS agreement to provide various back-office solutions. The firm has an affiliation with an independent law firm in India, which boosts its ability to provide advice on US-India IT outsourcing matters. MoneyGram, Aperture, Experian, Global Learning Models and Rose Associates are all clients.
Kirkland & Ellis LLP assisted Accenture with several outsourcing agreements in relation to the sale of its Navitaire unit, a provider of technology and business solutions to the airline and travel industry, to Amadeus IT. The sale includes an agreement under which Accenture will provide the buyer with infrastructure outsourcing, application and research and development services. Neil Hirshman, who co-leads the team, led this deal from the Chicago office along with Daniel Lewis. Other practice co-leader Gregg Kirchhoefer recently led an initiative to remaster a client’s overall outsourcing procurement policies, practices and documentation, and, for a client in the energy technology sector, Kirchhoefer assisted with the negotiation of a strategic alliance agreement and related license, outsourcing services, and manufacturing agreements with a geology bureau in Asia. Other notable work includes assisting a provider of customer care outsourcing services with the sale of the company to customer relationship management company Groupe Acticall, which is headquartered in France.
Anthony Klein, JD Marple and Jeremiah Wolsk lead Latham & Watkins LLP’s practice, which acts for clients such as The Carlyle Group, PwC, Time Warner, Siemens, Invista and Platinum Equity. Recent work includes representing a health insurance payer in a BPO transaction with a global business management consultancy for accounting, finance, call center and other services. In other work, it represented a global conglomerate in an outsourcing transaction for the maintenance and management of its facilities throughout the US. Wolsk is leading advice to a developer and manufacturer of satellite terminals in negotiations over a manufacturing and supply agreement for LCD technology. The team represents both vendors and users of technology, emerging technology companies, middle-market and goods and services companies, and large multinational corporations.
Kenneth Adler chairs Loeb & Loeb LLP’s practice, which has core strengths in the areas of cloud computing, ITO and BPO transactions, facilities management, logistics and procurement. Adler’s recent work includes advising North Shore-LIJ Health System on its partnership agreement with revenue cycle management services company Optum360 to manage North Shore-LIJ’s patient registration and billing. The ten-year agreement aims to transfer revenue cycle management functions for 14 of the health system’s 19 hospitals to Optum360. Leading partner Akiba Stern advised Yeshiva University on the outsourcing of its North American facilities, and Stern assisted Guardian Life with its infrastructure outsourcing to Amazon Web Services. TJX Companies, Citigroup, Toyota, Pizza Hut, Canon USA, and Horizon Blue Cross Blue Shield of New Jersey are all clients.
Morgan, Lewis & Bockius LLP’s team is made up of eight partners who focus primarily on outsourcing, technology and commercial transactions, and six others who are active in the field. Emily Lowe and Jason Rodriquez were both promoted to of counsel positions in 2015. Vito Petretti and Barbara Melby are particularly well regarded by clients. Recent mandates for group chair Melby include representing Starwood Hotels & Resorts in the renegotiation of its ITO agreement with Accenture. Petretti leads assistance to a large global pharmaceutical services company in connection with the restructuring of its outsourcing relationships for software application and maintenance services. In other matters, the team assisted a leading medical devices company with the outsourcing of its IT infrastructure operations. New client wins include Becton Dickinson, Columbia Pipeline Group, SeaSpine, and Verso. Michael Pillion is recommended.
Morrison & Foerster LLP’s team is led by Christopher Ford in Washington DC, and acts for clients such as Novartis, Warner Music Group, Mount Sinai Hospital, Visa and SoftBank. The team is advising audio advertising services provider XAPPmedia on technology transactions relating to its end-to-end advertising service for internet radio publishers and advertisers. John Delaney in New York and Russell Weiss in Los Angeles led advice to a unit of the Japanese telecoms company SoftBank in its acquisition of international streaming television company DramaFever. Ford is working with the London office to advise NNIT, a Danish IT services provider, on the terms of its outsourcing agreement with AstraZeneca and on other issues relating to its establishment and incorporation in other EU jurisdictions. New York-based Vivian Hanson, who is fluent in Japanese, has extensive experience in outsourcing, technology transfer, licensing, and SaaS.
White & Case LLP welcomed Arlene Hahn, previously of Weil, Gotshal & Manges LLP, to the New York office, who advises on intellectual property and technology matters. Trevor Nagel leads the practice and recently team up with the Paris office to assists the World Bank Group with a report on the implementation of cloud computing among WBG members, including the IFC. The team is also advising Altria and its subsidiary on matters arising out of its complex manufacturing and supply outsourcing arrangements for the production and supply of e-vapor and e-cigarette products in Asia for distribution in the US. Daren Orzechwoski and Adam Chernichaw are key partners and both were recently retained by a European bank to develop its internal global and local sourcing policies.
WilmerHale’s Michael Bevilacqua is leading work for 1366 Technologies regarding a manufacturing collaboration agreement with Tokuyama Corporation, a Tokyo-based chemical company, under which the client will be developing a new wafer technology for solar cells. Robert Finkel represented Select Equity Group in a fund administration outsourcing transaction with SEI. Broadcom, Analog Devices, Akamai Technologies, Johnson Controls and Progress Software are also clients. Steven Barrett and Belinda Juran are co-chairs of the technology transactions and licensing practice.
Foley & Lardner LLP’s practice is led by James Kalyvas in the Los Angeles office, who handles IT outsourcing, ERP, CRM, vendor selection, negotiation, technology implementation, and enterprise management of technology assets. In the Boston office, Matthew Karlyn rejoined from Cooley LLP and, in San Diego, Beni Surpin joined from Paul Hastings LLP; Karlyn has extensive experience in structuring and negotiating high-value outsourcing transactions, and Surpin has experience in representing clients in the wireless, hi-tech, healthcare, medical devices, life sciences, automotive, aviation, food and beverage, and fashion sectors.
New York-based Henry Lebowitz and Daniel Glazer co-lead Fried, Frank, Harris, Shriver & Jacobson LLP’s practice, and are known in particular for assisting UK-based tech companies looking to expand into the US. Lebowitz ‘is top notch, he is considered a go-to resource for IP matters big and small, obvious and obscure; he is also friendly and easy to work with’. Thomson Reuters, Ancestry.com, Johnson & Johnson, Goldman Sachs, Aerie Pharmaceuticals are all clients. The team acted as counsel to Ancestry.com and its subsidiary AncestryDNA in its collaboration agreement with Google’s Calico regarding evaluating anonymized data from Ancestry’s public family tree database and DNA database.
Kevin Lyles in Columbus and Mauricio Paez in New York head up Jones Day’s outsourcing practice, which recently welcomed Todd McClelland in Atlanta from Alston & Bird LLP. Dignity Health, Apollo Towers, Goodman Property Management, Cardinal Health, Salesforce.com and Xcel Energy are among its clients in the outsourcing area, as are the newly acquired Oklahoma Gas & Electric (OG+E) and Santa Barbara Cottage Health System. For the latter, the team assisted with the negotiation of a software license and support agreement and a business associate agreement with software company Epic Systems, for the license, implementation and training of an electronic health records system for use in hospitals and physician practices. For OG+E, Lyles led negotiations for a long-term master services agreement allowing for software company Tech Mahindra to take over the client’s application development, maintenance and support services as part of the client’s IT transformation project.
In June 2015, McDermott Will & Emery LLP welcomed several lawyers from K&L Gates; Jason Krieser, Shawn Helms and David Guedry. Krieser and Helms co-head the new practice, and are described as ‘consummate professionals, who zealously represent clients and take a personal interest in understanding the business and what is looking to be achieved from a transaction’. New clients for the team include Mitsubishi Heavy Industries, Finnair, Sabre, and The Timken Company. It recently acted for Stearns Lending in the outsourcing of its mortgage application administrative work to Tata Consultancy Services, an Indian IT service and business solutions company headquartered in Mumbai. The team is also the principal outside counsel to Xerox, and managed the multiple services relationships arising from the sale of Xerox Business Services’ IT services business to Atos SE.
Sidley Austin LLP’s team, which is led by the well-regarded Mark Kaufmann in Chicago, receives praise for ‘its close attention to detail, being timely, clear, responsive, and for having a true sense of proportion and business judgment’. Palo Alto-based Glenn Nash ‘is uniquely skilled’ and Jeffrey Rothstein in Chicago ‘is very good at tailoring services to meet clients’ needs’. Recent works includes advising General Electric on its strategic investment in data analytics provider Meridium, and assisting OneAmerica with an onshore/offshore arrangement involving the outsourcing of its entire IT infrastructure to a third-party provider, including end-user computing, servers and storage, security services, network, database, and data centers. It also assisted a global professional services group in connection with the licensing of several third-party tools and pieces of software for the development of solutions to be sold to the client’s financial services customers.
Venable LLP’s ‘thoroughness and depth of knowledge is a huge asset’, according to a source. The firm continues to represent longstanding client Wyndham Hotels with restructuring its entire contract structure with Oracle, and, for an American clothing company, it advised on drafting and negotiating a master subscription and services agreement with a software company for the implementation of a cloud-based e-commerce platform to host and manage the client’s e-commerce websites worldwide. Nora Garrote, James Nelson, A J Zottola and William Russell co-head the team, which recently welcomed of counsel Gregory Perleberg into the Los Angeles office; Brett Garner left the same office for an in-house position at YogaGlo.
Bracewell LLP has been acting for longstanding client Southwest Airlines in structuring and negotiating a master agreement for consulting and IT outsourcing services with a multinational management consulting, technology services and outsourcing company. Jeffrey Andrews of the Houston office led this $30m deal, which closed in April 2015, and, for the same client, Andrews assisted with the outsourcing of a data center and IT security and infrastructure services worth $260m, which closed in October 2015. Other work highlights included acting for the Arizona-based portable storage company Mobile Mini in structuring and negotiating numerous contracts with a multinational technology services and outsourcing company for software installation, integration and implementation, and support and security services for the installed software. Edward Cavazos departed for a position at Pillsbury Winthrop Shaw Pittman LLP. Fossil Group, Noble Energy, and American Water Enterprises are also clients.
Covington & Burling LLP’s practice ‘has highly developed outsourcing expertise in the airline, tourism, and hospitality industries’, according to a source. Nigel Howard, who leads the team, and is well liked by clients, has longstanding expertise in the airline industry, in particular with complex passenger service systems. A core strength of the practice is advising healthcare industry clients, including pharmaceutical companies, with data analytics agreements involving patient outcome data, and using its knowledge of information and communications technology to improve medical devices and treatments. Drafting and negotiating RFPs and post-transaction implementation work are other strengths. Howard recently led a mandate for Copa Airlines in a technology services agreement with Sabre for its SabreSonic customer sales and service reservations system, and, for Caribbean Airlines, the team advised on a technology services agreement with Amadeus for its Altéa passenger services system.
The Dentons team is spread across Chicago, New York, Kansas and Washington DC, and is led by the well-regarded Ross Docksey, who has recently been representing a company developing a smart water metering system with all of its outsourcing agreements. Its client base spans multiple industries, including insurance, banking, energy, pharmaceuticals, retail, manufacturing, and healthcare. The team has expertise in single and multi function sourcing transactions, IT infrastructure outsourcing transactions, and applications development and maintenance. Rosemary Gullikson Bittorf handled outsourcing solutions for the Tribune Company, which owns daily newspapers in ten cities nationwide, and, for the same client, Bittorf handled the outsourcing of its circulation call centers to APAC Customer Services.
Hogan Lovells US LLP’s outsourcing team is spread across Northern Virginia, Washington DC and New York. Zenas Choi acts for IT and communications clients in technology transactions and complex outsourcing arrangements, including systems integrations, strategic alliances and joint ventures, technology developments, and collaborations. In the Northern Virginia office, Michael Larner assists clients with technology licensing and development agreements, cloud computing transactions, collaborations and strategic alliances, and consulting services agreements. David London is also highly experienced in outsourcing agreements and acts for technology companies, software developers and vendors, internet service providers, and computer chip and medical device manufacturers. Audrey Reed is another key partner. The group’s client roster is made up of governmental, financial and communications organizations.
K&L Gates’ outsourcing team saw a number of departures in 2015, but it continues to practice in this area under the supervision of Susan Altman in Pittsburgh, who has longstanding outsourcing experience, particularly in the healthcare sector. Altman recently assisted New York Proton Management with negotiating an outsourcing agreement for the operation and maintenance of a proton beam treatment system by Varian Medical Systems. John Howell represented GBT in the negotiation of a multifaceted agreement with American Express and Delta Airlines that provides for American Express and Delta to extend their co-branded credit card arrangement and Delta to outsource to GBT various travel management functions. Christopher Tillson in Miami and Nigel Stark in Dallas were promoted to the partnership. Jason Krieser, Shawn Helms and David Guedry were the departing lawyers, and went to McDermott Will & Emery LLP.
Kilpatrick Townsend & Stockton’s practice is led by James Steinberg, and recent mandates for the team include advising a global hospitality company on the negotiation of an agreement with a Louisiana-headquartered IT company for the provision of public and private cloud, co-location, hosting and managed services, worth approximately $25m. Atlanta-based Steinberg recently completed the negotiation of an agreement on behalf of a health insurance provider for the development, implementation and hosting of a front-end to the client’s underwriting operations management platform. Also in the healthcare space, Steinberg assisted on negotiations for the transformation, software license, development, hosting, and BPO services agreement for a health insurance provider worth over $600m.
Chicago-based Steve Gold leads the practice at McGuireWoods LLP, and focuses on ITOs and BPOs, IT procurement transactions, e-commerce and data matters, and software license and open source software counseling. Gold is considered a ‘go-to person due to his wide breadth of experience in these areas, his technical background and his legal management skills’. Recent mandates include acting for a global beer distribution company in a technology outsourcing transaction with a subsidiary of a UK-based telecoms company in which the client renegotiated and expanded its network integration and management agreement. Derek Roach is another key partner in Chicago, and recently assisted a publishing company renegotiate its existing application support and development outsourcing, which was being restructured from a managed services model to a staff augmentation model.
Proskauer Rose LLP represented Healthways and Hawaii Medical Service Association in a cost-reducing and operation-streamlining transaction which altered an existing ten-year relationship between the two. The NHL is a longstanding client, for which the team acted in negotiating a multi-year partnership with SAP, a multinational software corporation that makes enterprise software to manage business operations and customer relations. Daryn Grossman and Jeffrey Neuburger co-lead the team; Neuburger focuses on technology acquisitions, cloud computing initiatives and related outsourcing services agreements, and Grossman has strengths in strategic alliances, licensing, technology development and outsourcing transactions. The Depository Trust & Clearing Corporation, The Eclipse Foundation, Juilliard School, and Time Warner Cable are clients.
The Skadden, Arps, Slate, Meagher & Flom LLP team is highly experienced in preparing RFP drafts, enterprise-wide BPOs and facilitating vendor selection, and handles outsourcing arrangements across areas such as IT, call centers, human resources, and procurement. Recent mandates include assisting a UK-based bank in connection with the outsourcing of various clearing service functions and with the outsourcing of trading-platform technology and services. Stuart Levi and Marc Packer are key partners, and are based in New York.
Dubbed ‘a gem of a firm’, Sutherland Asbill & Brennan LLP ‘exceeds expectations even for hard-to-please clients’. The practice is led by Atlanta-based Peter Quittmeyer, ‘who is an incredible resource with great experience, he is practical and able to get large deals done quickly on great terms’. Clients recommend the team’s strengths for insourcing procurement work, and for being ‘easy to work with, with a great depth of knowledge’. Bank of America Merchant Services, Cambia Health, CareFirst BlueCross BlueShield, Cox Enterprises, First Data, Georgia Technology Authority, and GuardianLife are representative clients.
Weil, Gotshal & Manges LLP ‘provides excellent legal knowledge and practical advice and is solution-oriented’, according to a client. ‘The professional and reliable’ John Brockland ‘communicates well with clients and with the other party to the transaction’. The team recently advised Panasonic Avionics, a supplier of in-flight entertainment and communications products for aircrafts, on the IP and technology-related agreements and negotiations regarding its acquisition of ITC Global, a provider of satellite communications networks to the mining and oil and gas industries. Michael Epstein leads the global technology and IP transactions practice, which is highly experienced in providing advice on the structuring, drafting and negotiation of BPO and ITO agreements, from targeted deals to large cross-border transactions. eBay, Lenovo, Facebook and Intel are among its clients.
Index of tables
Suzanne Bell -
Wilson Sonsini Goodrich & Rosati
- Jennifer Coplan - Sidley Austin LLP
- John Delaney - Morrison & Foerster LLP
- Michael Epstein - Weil, Gotshal & Manges LLP
- Nigel Howard - Covington & Burling LLP
- John Hurvitz - Covington & Burling LLP
- Anthony Klein - Latham & Watkins LLP
Lori Lesser -
Simpson Thacher & Bartlett LLP
- Shaalu Mehra - Gibson, Dunn & Crutcher LLP
- Glenn Nash - Sidley Austin LLP
- William Russell - Venable LLP
- Adam Ruttenberg - Cooley LLP
- William Schwartz - Morrison & Foerster LLP
- Suzanne Bell -
Cooley LLP’s team has experience in information technology, telecoms and digital media. The national practice has major presences in Silicon Valley, Boston and New York as well as significant offices in Washington DC and Reston, and this is supported internationally via the firm’s offices in London and Shanghai. Reston-based and highly regarded practice head Adam Ruttenberg led the deal negotiations for a partnership between HBO NOW, a standalone version of HBO GO, with MLB Advanced Media. The team also assisted CrowdRise in its negotiations with the Today Show regarding a collaboration for charitable giving using the CrowdRise platform. In Washington DC, newly promoted partner Adam Chase advised DraftKings on its multi-year partnership expansion with Major League Baseball and NASCAR. Chase focuses on development agreements, technology-related outsourcing deals and software agreements. The firm also represented satellite provider SSL in its contract negotiations with Skybox Imaging to build an advanced constellation of low Earth orbit satellites for Earth imaging, with Palo Alto-based senior counsel Michael Stern as lead lawyer on the matter. In the same office, Robin Lee advised Brocade Communications in the divestiture of its network adapter business to QLogic, handling asset transfer structuring and license negotiations. David Wittenstein in Washington DC, and Peter Burns in Palo Alto are key names in the practice. Other clients include Moreover Technologies and eBay.
San Francisco-based Jake Handy chairs the technology transactions practice at Fenwick & West LLP, which is highly regarded for its M&A work in the technology, media and telecoms sectors. The firm represents businesses through all growth stages, from start-ups to public companies. The ‘responsive, experienced and dependable’ Cynthia Hess, along with Jeffrey Vetter and James Evans, advised Fitbit on its $840m IPO, the largest technology IPO in 2015. Elsewhere, the team represented long-time client Facebook in six acquisitions, including those of QuickFire Networks and TheFind, with Gregory Roussel as lead partner. In San Francisco, Douglas Cogen represented Cisco in seven acquisitions, including those of Piston Cloud Computing and Neohapsis. Cogen also represented Concur in its $8.3bn acquisition by SAP, working alongside Horace Nash and Lynda Twomey. The team also handled Symantec’s $8bn sale of its subsidiary Veritas to The Carlyle Group, the largest leveraged buyout of 2015. Ralph Pais and Stephen Gillespie, both based in San Francisco, are also key members of the team. Other clients include Uber, Airbnb, Twitter and Spotify. All individuals are based in Mountain View unless otherwise stated.
The 140-strong team at Goodwin Procter LLP is known for its work in life sciences and new technologies. Silicon Valley’s Anthony McCusker joined Boston’s John Egan, William Schnoor and Stephen Charkoudian as co-chair of the practice, strengthening the firm’s presence on the West Coast. Lawrence Chu, who also works out of the Silicon Valley office, advised online learning company Lynda.com on its acquisition by networking giant LinkedIn. Charkoudian led the team advising footwear company New Balance Holding and investment firm Berkshire Partners on their purchase of The Rockport Company from Adidas; as part of the transaction, New Balance affiliate Drydock Footwear will join with The Rockport Company to form The Rockport Group. The team advised long-term client WiTricity on its technology licensing agreement with Intel, with Intel assimilating the client’s patented technology for wireless charging products. Egan, along with Boston’s Stuart Cable, handled long-term client Xoom Corporation’s $890m sale to PayPal. Virtustream, Morgan Stanley and Affirm are also clients. William Growney and Cindy McAdam joined the Silicon Valley office from in-house counsel positions, while Andrew Goodman rejoined the firm in New York from Kean Miller LLP. Los Angeles’ Jason Breen was made partner.
Latham & Watkins LLP has a wide-reaching international network, with strength in China, Germany, the UK and elsewhere, and assists clients with IP and technology licensing agreements and outsourcing. Silicon Valley-based practice head Anthony Klein advised semiconductor company Spansion on its $1.6bn sale to Cypress Semiconductor. Klein also worked with the firm’s M&A practice on several acquisitions by Avago Technologies, including its $37bn purchase of Broadcom, and its $6.6bn acquisition of LSI. The firm continued to advise long-term client AMD on its joint venture with Nantong Fujitsu Microelectronics. New York-based Jeffrey Tochner advised Delphi Automotive on the sale of its thermal division to MAHLE Group in Germany, including IP purchase agreements and licensing. In Boston, Sarah Gagan advised Voxel8 on its negotiations with two academic institutions concerning licensing agreements. The team collaborated with its Hong Kong and Singapore offices to advise Tencent Holdings on its five-year digital partnership with the NBA; the client will run live NBA matches and highlights through Chinese social media outlets. JD Marple and Tad Freese in Silicon Valley and Steven Chinowsky in San Diego are also key contacts in the practice. Other clients include Toshiba, Expedia and Facebook.
At Morrison & Foerster LLP, the highly regarded Tessa Schwartz leads the team of 41 lawyers from San Francisco, which regularly advises clients in financial services, life sciences and biotechnology, and online media. In recent work, Schwartz advised Yahoo! on its acquisition of Media Group One, a German online publisher, working on the IP transactional aspects of the deal, and handled online advertising company Unified Social’s partnership with iHeartMedia. The highly experienced New York-based John Delaney, along with Tessa Schwartz and William Schwartz, acted for Autodesk in its acquisitions of Synthicity and TeamUp Technologies. In Palo Alto, Stephanie Sharron advised Visa on its negotiation of a partnership agreement with Google for its Visa Digital Enablement Program, a digital payment service for Android Pay. Rufus Pichler led on AccuWeather’s cross-border joint venture with commercial Chinese weather company Huafeng Media Group, advising on the deal’s licensing agreements. Dropbox, Levi Strauss and Netflix are key clients for the firm. Other key figures in the practice are Vivian Hanson in New York and Aaron Rubin and Rufus Pichler.
Sidley Austin LLP saw the highly recommended Jennifer Coplan from the New York office promoted to joint head of the practice alongside the ‘extremely competent’ Glenn Nash in Palo Alto and the ‘very knowledgeable’ Jeffrey Rothstein in Chicago. Nash advised eBay on its separation from PayPal, covering all aspects of IP and technology work for the client, and handled PayPal’s $890m acquisition of Xoom, a digital money transfer company. Rothstein advised long-term client General Electric on patent and other IP licenses regarding its acquisition of French company Alstom. Coplan handled Charter Communications’ licensing negotiations with ActiveVideo for cloud-based technologies, and its $135m acquisition of ActiveVideo in a joint venture ARRIS. In the Los Angeles office, Joshua Hofheimer advised Los Angeles County on negotiations with Oracle for software licenses and an amendment to a master services agreement for the Assessor’s Modernization Project. Other clients include KPMG, Facebook and Amazon. Mark Kaufmann and Pran Jha are recommended and are key contacts in the practice. Russell Weiss joined the Los Angeles office in 2015, and specializes in transactions involving the convergence of the technology and entertainment sectors.
Venable LLP’s technology transactions and outsourcing team is based in Washington DC, and focuses on joint ventures and technology licensing and procurement. Nora Garrote, William Russell and A J Zottola are key partners in the practice, as is San Francisco-based James Nelson. The team expanded its client roster to include GE Oil & Gas, a subsidiary of long-term client General Electric, advising on a master service agreement for the development of cloud-based technology. Russell also advised General Electric on a technology collaboration, and assisted Q30 Sports in its agreement with Performance Sports Group concerning the worldwide licensing of the client’s patent and technology assets. Nelson advised Video Equipment Rentals on the improvement of its contracting practices for new technology, and the firm is outside IP counsel for all of the client’s commercial contracts. The firm also assists recovery audit contractor Cotivity with technology agreements providing in-bound technology solutions. Brett Garner left the firm for an in-house counsel position.
The team at Weil, Gotshal & Manges LLP, led by the renowned Michael Epstein in New York, is ‘responsive and provides practical and useful advice’. The firm assists an impressive client roster with patent acquisitions, licensing agreements and cross-border technology transactions in the telecoms, media and internet sectors. Epstein handled several Array BioPharma acquisitions, including its purchase of two oncology drugs from Novartis. Jeffrey Osterman in New York and Silicon Valley’s Karen Ballack advised Intel on its $16.7bn acquisition of Altera, one of Intel’s biggest deals ever. Osterman also advised Verizon on its $4.4bn acquisition of AOL, overseeing the IP and technology agreements and negotiations. Ballack advised Yahoo! on five acquisitions, including the $640m acquisition of BrightRoll, a video advertising platform. In Silicon Valley, John Brockland, who is ‘professional and reliable’, advised eBay on its long-term transition services agreement relating to the disposition of eBay Enterprise, and handled eBay’s acquisitions of Vivanuncios and certain technologies from AppTek Partners. Charan Sandhu in the New York office is another key name to note. Other key clients are Facebook, General Electric and Panasonic.
Wilson Sonsini Goodrich & Rosati’s famed technology practice benefits from the firm’s several US offices - which includes a new base in Boston - as well as its presence in Europe and China. The team regularly advises clients on strategic alliances and joint ventures, technology agreements and technology licensing. Suzanne Bell leads the overall practice from the Silicon Valley office and focuses on strategic alliances and outsourcing transactions. Some other key figures are James Clessuras, who leads the Washington DC practice, and Parag Gheewala, who chairs the firm’s Seattle and Austin technology transactions practices. The firm’s newly opened Boston office aims to focus on the life sciences and technology sectors. TJ Graham joined the Palo Alto office in February 2016.
The global technology chair at Baker Botts L.L.P. is Palo Alto-based John Martin, who leads a team of over 100 lawyers. The firm draws on its many practices, including banking and finance and capital markets, to provide technology clients with an all-round service. In New York, Frederick McGrath and Renee Wilm advised Liberty Interactive on its agreement with Charter Communications to invest $4.3bn in Charter in connection with Charter’s merger with Time Warner Cable, as well as advising Liberty on its commitment to invest a further $700m in connection with Charter’s acquisition of Bright House Networks. Dallas-based Don McDermett and Samantha Hale Crispin advised Kimberly-Clark on its spin-off of Halyard Health, a transaction which required $640m of debt financing by Halyard. Other clients are Samsung, Dell and Cisco.
Covington & Burling LLP’s clients benefit from its presence in Europe and Asia, as well as its five offices across the US, and can depend upon ‘top-notch lawyers in all categories’. The firm has expertise in life sciences, sports, and travel and tourism, among other areas, and New York co-chair Nigel Howard represented seven airlines in a global service agreement concerning the sale of Abacus International to Sabre. Howard also advised the NFL on its four-year data collaboration with Sportradar, with the NFL providing statistics to multiple digital outlets. Other co-chair John Hurvitz is based in Washington DC. New York-based Peter Laveran-Stiebar and Washington DC-based Mace Rosenstein advised Altice on its acquisition of 70% of Suddenlink for $9.1bn. Other key clients include AstraZeneca, American Airlines and Samsung Electronics.
Cravath, Swaine & Moore LLP’s New York-based practice draws on its corporate, tax and capital markets experience. The firm represented long-term client IBM in several transactions in 2015, including the acquisitions of The Weather Company, and Cleversafe, a data storage company. Robert Townsend, George Schoen and highly experienced David Kappos advised Scientific Games on its $5.1bn acquisition of Bally Technologies, which involved complex IP issues. In addition, George Zobitz and Scott Bennett handled Qualcomm’s $10bn debut registered debt offering. Kappos, along with Scott Barshay and Ting Chen, advised Pitney Bowes on its $395m acquisition of Borderfree, an e-commerce solutions company, which also involved various complex IP and data protection issues. Jonathan Davis, Aaron Gruber and Keith Hallam all made partner in January 2015.
DLA Piper LLP (US)’s ‘easy-to-work-with’ global practice regularly advises clients involved in software, telecoms and cleantech. Victoria Lee leads the practice from Silicon Valley as global co-chair of the firm’s technology sector, with significant experience in cloud computing transactions and technology agreements. In Northern Virginia, the recommended Eric Grossman advised Virtustream on its $1.2bn acquisition by EMC to form EMC’s new managed cloud services business. Chicago’s Richard Ginsberg handled Groupon’s $782m sale of its controlling stake in Ticket Monster to Anchor Equity Partners and KKR and Management. New clients are John Lewis Partnership, Pandora and Ford Motor Company, and long-term clients include Adobe, Amazon and NBC Universal. The team recently grew through the addition of six new lateral hires and four partner promotions. Ed Batts left the practice to become global head of M&A at Orrick, Herrington & Sutcliffe LLP.
Gibson, Dunn & Crutcher LLP’s team assists blue-chip technology companies with M&A, IP, tax and other matters. William Peters, Stephen Nordahl and Daniel Mummery co-chair the strategic sourcing and commercial transactions practice from Los Angeles, New York and Palo Alto respectively. The firm recently advised Hewlett-Packard on its $2.7bn acquisition of wireless LAN provider Aruba Networks, with Russell Hansen from the Palo Alto office as lead partner. Joseph Barbeau, who operates from the Palo Alto and Beijing offices, assisted a consortium led by Hua Capital Management with its $1.7bn acquisition of OmniVision Technologies, one of the largest acquisitions in the semiconductor sector by Chinese investors. Los Angeles-based Ari Lanin advised The Chernin Group on its joint venture with AT&T to acquire and invest in over-the-top video services. Other clients include Intel, Morgan Stanley and Goldman Sachs. Shaalu Mehra is a key name to note.
The ‘exceptional’ team at Hogan Lovells US LLP is chaired by Virginia’s Randy Segal, who is a leading authority on satellite and drone laws, and Washington DC’s Audrey Reed. The practice is known for its emerging technologies focus and operates within a global network. In Virginia, Richard Becker (‘highly analytical and solution-oriented, with boundless energy’) worked with Segal to advise investment firm Columbia Capital on several acquisitions, including the purchases of Verato and TerraPact. Washington DC-based Lisa Ellman, who joined the firm to head the unmanned aircraft systems group with Segal, assisted new client PrecisionHawk USA with negotiations for an agreement with the Federal Aviation Administration. And a cross-border team handled Unisplendour’s $3.8bn investment in Western Digital. Other key clients are Intelsat, OmniEarth and JAT Capital Management.
Providing ‘excellent technical expertise and response times’, Morgan, Lewis & Bockius LLP is well regarded for its work in cloud computing and data analytics. The recommended Barbara Melby co-heads the practice from Philadelphia, and advised SunGard Data Systems on its creation of a new post-trade futures and cleared OTC derivatives utility. Palo Alto-based co-head Rahul Kapoor assisted SanDisk in negotiations with several companies, including Toshiba, regarding the manufacture and sale of flash memory cards, including patent licensing and trademarks. Key clients include Colgate-Palmolive, eBay Enterprise and HSBC. James Carrigan and Ronald Del Sesto, Jr joined from Bingham McCutchen in the Boston and Washington DC offices respectively.
Skadden, Arps, Slate, Meagher & Flom LLP’s team regularly assists clients with copyright, trademark and licensing matters, and receives support on cross-border matters from its European and Asian offices. The IP and technology practice is led by Bruce Goldner and Stuart Levi in New York. The firm is advising AspenTech on its proposed $230m acquisition of KBC Advanced Technologies. Further highlights included acting as US counsel to Qihoo 360 Technology in a consortium’s $9.3bn cash acquisition of the company, and assisting gaming manufacturer and distributor Bally Technologies with its $5.1bn acquisition by Scientific Games. Jose Esteves in the New York office and Leif King in the Palo Alto office are other key figures.
Providing a ‘good quality of service’, Baker McKenzie LLP works with both vendors and customers in relation to technology transactions, advising on software as a service (SaaS) matters and system integration, among other things. In Chicago, the recommended Samuel Kramer, along with Michael Mensik and Peter George, count Brambles, Cardinal Health and Hewlett-Packard among their client roster. As a function of its international network, the 20-lawyer team regularly handles multi-jurisdictional projects for clients across the globe. Dual-qualified Sonia Baldia joined the Washington DC office from Kilpatrick Townsend & Stockton, and advises on US and global outsourcing, technology and IP transactions, with a focus on India inbound and outbound transactions.
Jones Day’s practice covers licensing and technology transactions with the support of several international offices. Boston-based Warren Nachlis and San Diego-based Thomas Briggs are key lawyers in the practice, and between them they handle M&A, licensing, joint ventures, joint development agreements, strategic alliances and settlement agreements. Dallas-based Alain Dermarkar and New York-based Benjamin Grossman joined the mergers and acquisitions practice, and both have experience working with clients in the technology space, including semiconductors.
Gregg Kirchhoefer and Neil Hirshman lead the team at Kirkland & Ellis LLP, which is largely based in Chicago but is supported by lawyers across the firm’s domestic and international network, including Europe and Asia. Hirshman and Daniel Lewis advised IGATE on its $4.04bn sale to Capgemini. In the New York office, Lisa Samenfeld handled new client Infineon Technologies’ $3bn acquisition of International Rectifier in an all-cash transaction. The recommended Edward Sadtler, also in New York, advised long-term clients ABRY Partners and Berkshire Partners on their $1.9bn sale of Telx to Digital Realty Trust. Other key clients include Pfizer, Blackberry and Samsung.
Paul Hastings LLP regularly handles joint ventures, strategic alliances and corporate deals for its clients. In Palo Alto, the well-regarded Matthew Berger advised Facebook on a survey of laws and regulations affecting its global data centers, including advising on the import and export of hardware and the regulation of content and data transfers. In the Los Angeles office, David Hernand advised DigiTour Media, a livestream video company, on the acquisition of a minority stake by Viacom. Hernand was also lead lawyer on a cross-border matter for Collective Digital Studio, in which the client made a $240m deal with ProSiebenSat.1 to create a global multichannel network. Other clients include DreamWorks, LG Display and DivX. Eric Greenberg, Tara Giunta and Sherrese Smith in Washington DC and Palo Alto’s Jeff Hartlin are also key attorneys in the practice. New York-based Samuel Waxman, who ‘combines his intellectual property expertise with his M&A transactional expertise’, joined the practice in March 2015 from Shearman & Sterling LLP. Beni Surpin left the firm for Foley & Lardner LLP.
The sizeable team at Shearman & Sterling LLP regularly advise clients in the telecoms and technology sectors on M&A, finance, tax and regulatory matters. The US IP and technology transactions group is headed from Menlo Park by Richard Hsu, who is experienced in technology transactions, including licensing matters. New York’s Maura O’Sullivan advised Citigroup Global Markets and HSBC Securities on their $750m 364-day credit facility to Yahoo!, while Michael Kennedy and Dana Kromm, both in San Francisco, advised Healthland Holding on its acquisition by Computer Programs and Systems. San Francisco’s Steve Camahort was the lead partner advising Trend Micro International on its $300m acquisition of Hewlett-Packard’s TippingPoint business. Other clients include Twitter, Sony and Western Digital. In the New York office, Jordan Altman was made partner, and Samuel Waxman moved to Paul Hastings LLP.
Andrews Kurth LLP’s practice centers around its Austin, Dallas and Houston offices. The firm assists clients with a broad range of M&A and financing matters in multiple sectors, including life sciences and telecoms. Austin-based Carmelo Gordian and Matt Lyons lead the team, which includes newly made partner Brian Dillavou. Dillavou worked with Alan Bickerstaff and Edward Gilman to advise Mavenir Systems on several transactions, including its $560m acquisition by Mitel. The firm also assisted Iroko Pharmaceuticals with several capital raises in 2015 totaling $116m. Other clients include eCardio Diagnostics, Gravitant and Dell Ventures.
Dentons handles transactional matters on behalf of clients from a variety of technology-related industries, including life sciences and IT. The team advised Mblox, an A2P mobile messaging provider, on the acquisition of Zoove, the exclusive provider of StarStar numbers in the US. Clients include Real Matters, Teledyne Technologies and Sungevity. Victor Boyajian is a key figure in the New York office; Song Jung in Washington DC and Natalie Spears in Chicago are also names to note. Maria Sendra joined the Palo Alto capital markets practice and specializes in emerging technologies and the life sciences. David Blood joined the corporate practice in Los Angeles and focuses on licensing and joint ventures.
Foley & Lardner LLP’s technology transactions and outsourcing team assists clients with licensing, procurement and other matters across a range of technology sectors, including IT. The head of the practice, Los Angeles-based James Kalyvas, advised the Cedar-Sinai Medical Center and Memorial Health System on a joint operations agreement, negotiating the consolidation data center operations. In the Madison office, Christopher Cain handled Hanger, Inc.’s negotiations with various vendors for software implementation, licensing and development agreements. Other clients include Los Angeles County, Union Bank and Beats Electronics. Beni Surpin joined the San Diego office from Paul Hastings LLP, and Matthew Karlyn joined the Boston office from Cooley LLP.
Providing ‘outstanding responsiveness and customer service’, Fried, Frank, Harris, Shriver & Jacobson LLP is particularly strong in technology licensing and transfer arrangements, assisting clients from all life cycle stages. With ‘extraordinary business sense’, joint practice head Daniel Glazer, based in New York and London, was the lead attorney advising McNeil Consumer Pharmaceuticals on its agreement with UK company Infirst Healthcare regarding the rights to relaunch the Mylanta and Mylicon brands in the US. Also in the New York office, ‘top-notch’ joint practice head Henry Lebowitz assisted private equity client Permira with its $925m acquisition - as part of a consortium - of eBay Enterprise from eBay. Other clients include Ancestry.com, Thomson Reuters and Goldman Sachs. Senior associate Jason Greenberg is another name of note in the practice.
Gunderson Dettmer LLP has several US offices, including in the innovation hubs of Silicon Valley, Boston, San Francisco, San Diego and New York. The team frequently advises clients in the technology and life sciences sectors on commercial agreements, strategic alliances and financing. It also has strengths in assisting venture capital and private equity funds, providing fund formation and investment advice. Founding partner Scott Dettmer and Michael Irvine in San Francisco and Steven Baglio and Greg Volkmar in New York are all key figures in the practice.
McGuireWoods LLP has a ‘highly responsive’ team of 33, headed by the well-regarded Steve Gold from the Chicago office. The team supports clients from a range of industries, including telecoms, education and healthcare, and has experience in complex technology transactions, such as IT procurement and ERP implementation. Gold frequently handles deals involving e-commerce and data matters, as well as licensing and software management. Derek Roach is another key figure in the Chicago practice and focuses on technology licensing and ERP system integration. In North Carolina, Rakesh Gopalan assists customers and vendors in a variety of technology transactions.
Orrick, Herrington & Sutcliffe LLP has a large national team with strong links to its offices in Europe and Asia. The practice assists clients in sectors such as healthcare, transport and finance with development, licensing and distribution agreements. In the Silicon Valley office, Daniel Yost, who is experienced in copyright, licensing and strategic alliances, advised French company Thales on its $400m acquisition of Vormetric, and advised LivePerson on its acquisition of Contact At Once! In San Francisco, Richard Smith advised TouchTunes Interactive Networks on its acquisition by Searchlight Capital Partners. Silicon Valley-based John Bautista recently advised software services company Clever on commercial contracts and privacy issues. Symphony Teleca is another key client for the firm. Ed Batts joined the firm from DLA Piper LLP (US) to lead the global M&A team.
The ‘very pragmatic and very client-oriented’ team at Proskauer Rose LLP supports a client roster spanning the education, healthcare, energy and financial sectors among others. Daryn Grossman and the highly recommended Jeffrey Neuburger lead the team from the New York office, with Grossman also leading the life sciences practice. Neuberger worked with Chicago’s Monte Dube to advise Healthways and the Hawaii Medical Service Association on renegotiating and updating a complex outsourcing arrangement between the two parties. In the Los Angeles office, Jonathan Benloulou was one of the lead partners advising Intelligent Energy on its $22m acquisition of assets from Société Bic. Other clients include Time Warner Cable, Eclipse Foundation and the Juilliard School. New York’s Kristen Mathews is recommended.
Ropes & Gray LLP’s technology team comprises transactional, regulatory and IP lawyers, which ensures that most bases are covered for its roster of finance, telecoms, internet and other clients. The group leaders are Edward Black, Jane Goldstein and Andrew Thomases, based in Boston, New York and Silicon Valley respectively. In the New York office, Christopher Rile and Harry Rubin advised Titan Outdoor on a public communications structure franchise agreement to provide free Wi-Fi to areas of New York City. Boston’s William Shields was one of the lead partners advising Lightower Fiber Networks and Berkshire Partners - one of Lightower’s financial backers - on a $1.9bn merger agreement between Lightower and Fibertech Networks. TPG, Belden and Bain Capital are other key clients. James Batchelder in Silicon Valley is another name of note in the practice.
At Sheppard, Mullin, Richter & Hampton LLP, Brian Anderson in San Francisco and Michael Orlando in San Diego are chairs of the 38-strong multidisciplinary team. Anderson advised zTailors, a new tailor-on-demand service, on its mobile platform, including software licensing and cloud services. In the Century City office, Brian Pass advised Snapchat on its development of the advertising program of the in-app content platform Discover. Pass was also the lead attorney assisting the Secure Content Storage Association, a consortium of entertainment and technology companies, with the launch of video storage company VIDITY. Other key clients include Kate Spade and Taylor Guitars. Adam Ettinger joined the Century City office in April 2015 from an in-house counsel position, bringing with him experience in semiconductors, networking technology and financial technology. James Gatto joined the Washington DC office from Pillsbury Winthrop Shaw Pittman LLP; he handles matters concerning open source software, trademarks and copyright law. In Los Angeles, Zachary Turke made partner.
The highly recommended Lori Lesser leads Simpson Thacher & Bartlett LLP’s New York-based team, which provides expertise in technology transactions and attendant IP issues. It advised Sungard on its $9.1bn acquisition by Fidelity National Information Services (FIS), in which FIS acquired 100% of the equity of Sungard. The recommended Jeffrey Ostow advised Silver Lake Partners and Dell on their acquisition of EMC, and assisted Silver Lake Partners with its purchase of $1bn of 2% convertible senior notes issued by Motorola Solutions. In a cross-border matter, Lesser worked alongside the Hong Kong office is assisting Chinese e-commerce giant Alibaba with its take-private transaction of Youku Tudou. Other notable clients are Hellman & Friedman, The Blackstone Group and Nordstrom. In the Palo Alto office, Marcela Robledo was promoted to counsel from senior associate and Christopher Sprigman returned to the firm as counsel while continuing his professorship at NYU Law.
The team at White & Case LLP is led out of Washington DC by Trevor Nagel, who specializes in all aspects of IT law. New York’s Colin Diamond was lead attorney on CyberArk Software’s $330m IPO. Out of the same office, Daren Orzechowski advised Powermat Technologies on its patent licensing program, including the licensing of the client’s technology to Samsung. Orzechowski also assisted Salesforce.com with its licensing and strategic alliance agreement with Dun & Bradstreet, creating the SaaS-based Data.com. William Choe joined the Silicon Valley office from Morrison & Foerster LLP, while Arlene Hahn and Scott Weingaertner joined the New York office from Weil, Gotshal & Manges LLP and King & Spalding LLP respectively. Brady Mickelsen left for an in-house position.
WilmerHale has a dedicated technology transactions and licensing group that draws on the expertise of its corporate, IP and tax practices. Belinda Juran and Steven Barrett head the practice, with Juran also heading the life sciences practice at the firm. Michael Bevilacqua was the lead partner advising 1366 Technologies in a manufacturing collaboration agreement with Tokuyama Corporation valued at $100m. Other clients include the Carnegie Institution of Washington, Johnson Controls, and Oxford Instruments. In the Palo Alto office, Ashwin Gokhale made partner, while Samuel Coates joined from Cooley LLP. Coates specializes in structuring and negotiating spin outs and joint ventures. All lawyers mentioned are in the Boston office unless otherwise stated.
Telecoms and broadcast: regulatory
Index of tables
Telecoms and broadcast: regulatory
Scott Angstreich -
Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.
- Matthew Brill - Latham & Watkins LLP
- Michele Farquhar - Hogan Lovells US LLP
- Samuel Feder - Jenner & Block LLP
- Eric Greenberg - Paul Hastings LLP
John Heitmann -
Kelley Drye & Warren LLP
- John Janka - Latham & Watkins LLP
Gina Keeney -
Lawler, Metzger, Keeney & Logan, LLC
Michael Kellogg -
Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.
Richard Metzger -
Lawler, Metzger, Keeney & Logan, LLC
John Nakahata -
Harris, Wiltshire & Grannis LLP
Carl Northrop -
Telecommunications Law Professionals
- Mace Rosenstein - Covington & Burling LLP
Michael Senkowski -
Wiley Rein LLP
Bryan Tramont -
Wilkinson Barker Knauer LLP
Richard Wiley -
Wiley Rein LLP
- Scott Angstreich -
Attorneys named in this section are based in Washington DC unless stated otherwise.
Covington & Burling LLP is renowned for its regulatory capabilities in the telecoms and broadcast sectors, thanks in no small part to prominent figures Yaron Dori, Jennifer Johnson and Mace Rosenstein. Rosenstein - an expert in both traditional and new media, as well as telecommunications - recently represented a coalition of media companies including CBS Corporation, The Walt Disney Company, 21st Century Fox, and Time Warner, among others, in a Circuit case in which the court threw out the FCC’s order requiring media companies to disclose their programming contracts with pay-TV providers. In another highlight, Dori led for longstanding client CenturyLink on the company’s appeal of the FCC’s Inmate Calling Order. In addition to providing counsel to telecoms and broadband service providers on FCC rulemaking proceedings and enforcement investigations, the practice is also representing numerous clients, including the four largest incumbent holders of broadcast spectrum, before the Executive Branch, the US Congress and the FCC in connection with the US government’s plans to conduct its first-ever ‘incentive auction’, which involves a reverse auction to reclaim broadcast television spectrum, the forward auction of that spectrum for wireless use, and the repacking of the remaining broadcast spectrum among television stations across the country.
John Nakahata heads the team at Harris, Wiltshire & Grannis LLP, which is noted for its outstanding skills and knowledge in the fields of appellate litigation and telecoms, technology, and media regulations, and for its highly experienced team of former policymakers, legislative advisors, and senior government regulators including Mark Grannis, William Wiltshire, Paul Margie and Christopher Wright. The practice routinely acts for hi-tech companies, service providers and equipment manufacturers, including DirecTV, Google, Microsoft, and Broadcom. Kristine Laudadio Devine was recently promoted to partner.
Hogan Lovells US LLP’s communications group, which is headed by the outstanding Michele Farquhar, who is particularly known for her wireless, telecoms, wireline, media and online communications expertise. The practice has an extensive track record in FCC cases and its attorneys are regularly called on to handle complex regulatory policies and issues. In a recent highlight, Farquhar acted alongside partners Ari Fitzgerald and Trey Hanbury and senior adviser Tom Peters for T-Mobile on the client’s development of rules and policies for the 600 MHz incentive auction. Farquhar and Mark Brennan are advising Gogo, a leader for in-flight connectivity and wireless in-flight digital entertainment, in FCC proceedings concerning proposals to auction 14 GHz air-to-ground wireless services, which covers a range of spectrum and satellite issues; and on the FCC’s Open Internet rulemaking proceeding.
Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. has a wealth of experience in regulatory, appellate, litigation and intellectual property matters for major TMT clients including Verizon and AT&T. Managing partner Michael Kellogg is a specialist in all matters appellate, regulatory and antitrust law, and Scott Angstreichis highly experienced in the field of telecoms regulation, as well as serving as a member of the DC Circuit’s Advisory Committee on Procedures.
Latham & Watkins LLP leverages its expertise in telecoms matters to covers the full spectrum of regulatory, contentious and transactional work, including advising on net neutrality rulemaking and appellate proceedings, as well as undertaking complex litigation for telecoms providers. The practice successfully represented Cox Communications in recent class action litigation in the Western District of Oklahoma against a group of Cox cable subscribers. Matthew Brill, who recently succeeded John Janka as the chair for the global communications law practice, is providing ongoing advice to Time Warner Cable on a broad range of legal matters relating to the company’s cable television, broadband internet access and digital telephone services. In a recent highlight Brill, together with industry group co-head James Barker, advised Time Warner Cable on its compliance with video, voice, and broadband regulations, and defended it against net neutrality complaints brought under the FCC’s Open Internet Order rules. The firm is also acting for Lightsquared in a contested bankruptcy reorganization process and in the negotiation of new credit facilities. Fellow co-head James Gorton is also recommended.
Wiley Rein LLP’s ‘superlative and extremely impressive’ group is ‘head and shoulders above the rest’, and clients value it for its ‘unparalleled industry knowledge and ‘on target’ advice and counsel’. Based in Washington DC, Kathleen Kirby and Michael Senkowski’s team regularly acts for telecoms companies, local carriers, industry associations, satellite companies, manufacturers, broadcasters and investment institutions, who benefit from its attorneys’ experience as former FCC chairmen, commissioners, general counsels and chiefs of staff. The firm is often called on to act for broadcast and telecoms giants such as Deutsche Telekom, CenturyLink, DirecTV, Samsung, CBS, and Comcast, with a variety of public policy issues. Recent highlights include Bennett Ross’ advice to Vermont Telephone on issues arising from a spectrum auction, which involved challenging an attempt by DISH to take advantage of bidding credits usually reserved for small businesses. Jennifer Hindin and Senkowski advised key client AT&T Services on FCC satellite issues arising from its acquisition of DirecTV. While partners, Shawn Chang, a former chief democratic counsel on communications and technology policies for the House Energy and Commerce Committee, joined the firm as of counsel. Other key figures include Richard Wiley, Robert McDowell, the ‘detail-oriented and professional’ Claire Evans, and Christopher Huther, who is described as ‘a particularly good individual with unmatched knowledge of the industry and a thorough understanding of the regulatory environment’. Dominic Bodensteiner and Todd Stansbury left the firm in 2015.
Wilkinson Barker Knauer LLP is an ‘outstanding, service-oriented, and extremely responsive’ team with ‘a deep and experienced bench of attorneys’; ‘it is the law firm you want on your side when you really need strategic advice’. Its telecoms and broadcast practice was further strengthened by the arrival in 2015 of Verizon’s former deputy general counsel John Scott and communications and media expert Howard Liberman, who joined from Drinker Biddle & Reath LLP. Bryan Tramont (who is considered ‘among the most connected, respected and strategic communications attorneys in the field’) heads the team, which includes a number of lawyers who have previously held senior positions at the FCC and which spans the gamut of telecoms and broadcast matters. In highlight matters, Russell Hanser, David Solomon and Adam Krinsky acted for a number of broadband ISP clients in connection with open internet proceedings, while Solomon and Krinsky acted for Verizon Communications and Verizon Wireless on the FCC’s recent review of policies addressing potential limits on FCC-licensed mobile spectrum holdings. The pair, acting alongside Tramont and Ken Satten, also represented Comcast Corporation and NBCUniversal before the FCC in connection with various transactions including the planned sale of cable systems to Charter Communications.
Maureen Jeffreys and Patrick Grant jointly lead Arnold & Porter Kaye Scholer LLP’s telecoms, internet and media practice group; Grant brings over 35 years of experience counseling commercial and non-commercial clients across a wide spectrum of legislative, litigation, and administrative proceedings. In a recent highlight, Jeffreys represented AT&T, for which she acts as lead FCC regulatory partner, on obtaining regulatory approval for its acquisition of DirectTV. Scott Feira and Peter Schildkraut advised the same client in connection with the acquisition of spectrum license deals to expand its wireless network capacity. The practice also advised Harris Corporation on the regulatory issues arising from its proposed acquisition of Exelis, which involved performing due diligence on FCC licenses and overseeing FCC regulatory approval. William Cook is another key practitioner in the group who comes highly recommended.
Cooley LLP’s ‘excellent’ practice handles the full remit of matters for commercial broadcasters and cable television clients, and has established a strong focus on wireless and satellite issues as well as equipment authorization, device regulation and spectrum licensing. Michael Hays and the ‘determined, dedicated and hardworking’ Anne Swanson advised Garmin International on its successful attempt to challenge a proposed high-powered terrestrial broadband service by LightSquared, which would have effectively caused overload interference to GPS navigation services. The group also acted as regulatory counsel to Granite Broadcasting in connection with the $300m sale of its television stations to Quincy Publishing. Group head John Feore and Kevin Mills led on that matter and acted alongside Michael Basile on the regulatory aspects of the proposed $2.4bn merger between the firm’s client Meredith Corporation and Media General.
Jenner & Block LLP supplements its Washington DC-based regulatory capability with a broad global footprint that places ‘the telecoms regulatory practice at the top of the field’. In a demonstration of its national reach, Samuel Feder, Luke Platzer and Adam Unikowsky won an appellate victory for Comcast before the Vermont Supreme Court regarding whether or not the Vermont Public Service Board has jurisdiction to regulate interconnected VoIP services. The practice is also advising longstanding client Charter Communications on obtaining FCC and state commission approval for several transactions as well as representing the client in FCC proceedings concerning the right to IP interconnection. Former Department of Justice chief privacy officer Nancy Libin joined the nine-partner team in October 2015. Feder and John Flynn jointly head the practice and are described as ‘truly special: each possesses an incredible breadth of knowledge regarding federal and state regulation, but also pairs that expertise with litigation skills, business acumen and a client-friendly approach’.
Kelley Drye & Warren LLP has earned its reputation acting for universal service funds and wireless lifeline service providers in connection with audits, investigations and enforcement matters, as well as on data privacy and security cases. Tom Cohen is representing the American Cable Association before the FCC in regard to the FCC’s overhaul of the Universal Service Fund. In another highlight, Henry Kelly and Steve Augustino represented DISH Network in litigation initiated by the US government on behalf of the FTC and the states of North Carolina, Illinois, Ohio, and California concerning civil penalties for violations of the TCPA, the FTC’s Telemarketing Sales Rule, and related state statutes. John Heitmann heads the 13-partner team and also serves as co-chair of the Federal Communications Bar Association’s privacy and data security committee.
Gina Keeney, Gregory Lawler, Charles Logan, and Richard Metzger are among the key figures of Lawler, Metzger, Keeney & Logan, LLC’s ‘very responsive and very strong’ practice group, which continues to advise flagship client Comcast on a wide range of FCC issues, including assisting the client with its provision of VoIP services, advising it on the FCC’s open internet rulemaking, and acting as regulatory counsel pertaining to Comcast’s aborted merger with Time Warner Cable. In another highlight, Steve Berman advised one of the bidders on regulatory issues related to the FCC’s advanced wireless services spectrum auction. Emily Daniels is also recommended.
Paul Hastings LLP’s telecoms and broadcast team is noted for its outstanding regulatory credentials, and, in 2015, it gained the National Association of Broadcasters, Meredith Corporation, and Tegna as new clients; they join an already impressive roster that includes names such as Allbritton Communications, Bank of America and Citigroup. Practice head Eric Greenberg advised Tegna on the developing area of channel sharing, and acted alongside Matthew Gibson on advice to Allbritton Communications regarding the $985m deal sale of its equity interests in Perpetual Corporation and Charleston Television to Sinclair Broadcast. Media regulatory expert Sherrese Smith, who joined the firm from the FCC where she acted as chief counsel to the FCC’s chairman, is assisting the National Association of Broadcasters with regard to media ownership restrictions.
Frederick Beckner and Christopher Shenk jointly head Sidley Austin LLP’s communications regulatory practice following the departure in 2015 of David Lawson to take up the position of senior vice president and assistant general counsel at longstanding firm client AT&T. A team including Beckner, highly recognized general and appellate litigator Peter Keisler, and Jim Young acted for the client in an appellate court case before the District of Columbia Court of Appeals challenging the FCC’s Net Neutrality Order. The practice also represented the telecoms giant before the FCC in regard to the broadcast television spectrum incentive auction. Other clients include Facebook, Morgan Stanley, Tribune Company, and GE Capital. Mark Schneider and Marc Korman are advising the last client on various FCC rules and regulations, including advice on regulatory rules impacting telecoms, radio, television, wireless and other businesses. In 2015, the firm opened a new office in Century City to act as a hub for the firm’s global media, entertainment and digital technology practice.
At Skadden, Arps, Slate, Meagher & Flom LLP, Ivan Schlager, John Beahn and Joshua Gruenspecht are advising Time Warner Cable on its proposed merger with Charter Communications, which includes reviewing FCC regulatory approval requirements, and analyzing feasibility and regulatory issues related to alternate bids. The firm is also acting for key client Nokia on the regulatory aspects of its $16.6bn acquisition of telecoms equipment manufacturer Alcatel Lucent. Other blue-chip clients include Viacom and 21st Century Fox.
Steptoe & Johnson LLP’s Washington DC office forms the hub of the firm’s eight-partner telecoms and broadcast practice, headed by Pantelis Michalopoulos, who is noted for his experience in representing telecoms, wireless and satellite companies in licensing, rulemaking, and complaint proceedings before the FCC. Michalopoulos and Stephanie Roy advised DISH Network on its successful opposition to the Comcast-Time Warner Cable merger. The practice is also advising the same client on several spectrum and licensing applications before the FCC and on various aspects of its entry into terrestrial wireless services, including the reorganization of Dish Wireless. In another highlight, Markham Erickson represented Netflix before the FCC concerning the Commission’s consideration of the open internet rule and order, and also represented it in successfully opposing the motion to stay the open internet order before the US Court of Appeals. The team, which includes the New York-based Michael Vatis, was recently joined by of counsel Alan Cohn.
Carl Northrop heads the ‘extremely outstanding’ team at Telecommunications Law Professionals, which is ‘very knowledgeable of the telecoms regulatory environment’. In 2015, the practice, which routinely acts for broadband service providers, broadcasting companies, financial institutions, equipment manufacturers, and hi-tech start-ups, strengthened its market position with new clients including Wireless Solution, Orion Wireless and Iowa Wireless Services. Northrop and Michael Lazarus represented the latter client in a major wireless roaming dispute with AT&T, which involved formal complaint proceedings before the FCC and arbitration proceedings in Chicago. In other highlights, Lazarus is acting for the Competitive Carriers Association in several regulatory policy issues that are pending before the FCC, and Ash Johnston is continuing to act as federal regulatory counsel for Orion Wireless in regard to the FCC’s Auction 97.
WilmerHale’s Heather Zachary heads the communications practice, which includes federal communications law specialist Kelly Dunbar and cybersecurity, privacy and communications experts Benjamin Powell and Reed Freeman. Zachary acted as lead counsel to AT&T on net neutrality issues before the FCC; advised it on an appeal of FCC orders regarding the comprehensive reform of intercarrier compensation and universal service frameworks; and continued to assist it with the reclassification of broadband internet access services from Title I ‘information services’ to Title II ‘telecommunications services’. Other key clients include Verizon and Bose.
Arent Fox LLP’s practice handles a broad array of transactional work within the telecoms and broadcast industry, but it is best known for its reputation in the areas of FCC regulation, litigation and commercial agreements for telecoms and technology companies. The practice has a particular focus on cloud agreements, and recently advised Internet2, a not-for-profit networking consortium, on a wide variety of commercial contracts and agreements, as well as representing the client in FCC proceedings. In another highlight, Michael Hazzard successfully defended CallFire, a California-based provider of cloud telephony services, in a class action lawsuit that claimed the company violated both the federal Telephone Consumer Protection Act and Washington State law. Alan Fishel leads the firm’s communications, technology and mobile group, which includes Stephanie Joyce, an expert in business and consumer protection litigation within the telecoms industry.
Cahill Gordon & Reindel LLP’s Washington DC office acts as a hub for the firm’s communications department, which is jointly led by Chérie Kiser (‘a wonderful communicator who not only has great expertise in a very complicated area, but is capable of explaining issues in a way that the uninitiated can clearly understand’) and regulatory expert Angela Collins. The team is praised for ‘providing excellent and trusted service’ and ‘responding quickly, thoughtfully, and knowledgeably with efficiency and practicality’. Recent highlights include representing key client Cable One before several state courts, state agencies, and the FCC in connection with its video, VoIP, and internet access services; and advising Polycom on the structure and content of its customer service agreements as well as the negotiation of the telecoms carrier and colocation contracts for its tele-presence business.
Dentons’ ‘proactive and attentive’ practice group represents some of the industry leaders in the field of telecoms, including wireless carriers, mobile virtual network operators (MVNOs), competitive wireline carriers, and cable operators including T-Mobile, XO Communications, Nokia Solutions and Networks, and Sony. Highlights included advising Luxottica on its acquisition of telecoms and broadband-related services from AT&T. The firm is also providing ongoing advice to Time Warner Cable, TerraCom and YourTel on compliance with federal and state regulations. Key figures include Megan Delany and department head Todd Daubert, who is praised ‘for his acuteness and understanding’.
Jones Day’s telecoms and broadcast team is headed by Bruce Olcott, who is an expert in the area of wireless and wireline communications services. The practice has established a niche acting for clients including Escape Dynamics, Teledyne Technologies and Tyvak Nano-Satellite Systems in matters related to international space law; recent highlights include assisting Escape Dynamics with required regulatory approvals before various federal agencies (including the FCC) concerning the development of electromagnetically powered space launch and aerospace propulsion systems. The practice also has extensive knowledge of wireless technology matters, and is advising GE Transportation on the construction of positive train control systems, a new technology aimed at decreasing train accidents, which involves acquiring the necessary radio spectrum rights.
Mayer Brown’s well regarded telecoms, broadcast and satellite practice is led out of Washington DC by Howard Waltzman and former FCC official Angela Giancarlo, who is noted for her experience in domestic and international wireless, satellite and broadband internet regulatory matters. In the wireless sector, the practice provides ongoing legal and strategic advice to CTIA - The Wireless Association on a series of legislative and regulatory initiatives, including the FCC’s implementation and application of the Communications Act of 1934, the Telecommunications Act of 1996, and new spectrum and public policy provisions in the Middle Class Tax Relief Act and Job Creation Act of 2012. Other clients include Wells Fargo Securities and ARRIS.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.’s telecoms and broadcast practice is renowned for its deep expertise in cable and wireless regulatory matters. In a highlight, the group advised Cablevision on its sale to Netherlands-based Altice, which included the negotiation of the merger agreement, advising on SEC filings, and assisting it with its efforts to secure the necessary FCC, state and local approvals for said transaction. The team was also appointed by T-Mobile to act as counsel on one of the most successful spectrum auctions in the US, which involved advising the client on a number of FCC spectrum auction rules. Tara Corvo heads the nine-partner team and acted as counsel to a number of programming networks, among them Discovery Communications, AMC Networks and MSG Networks, in relation to the FCC’s proposal to change program access rules. Other clients include Cox Communications, Charter Communications, CTIA - The Wireless Association, HBO, the National Cable & Telecommunications Association, and Vevo.
Morgan, Lewis & Bockius LLP’s telecoms practice ‘is uniquely equipped to handle matters in the spectrum policy arena due to its expertise, years of experience, relationships with policymakers, and global reach’. The practice, which is led by transactional and regulatory telecoms expert Andrew Lipman, now includes nine partners, following the promotions of Timothy Bransford and Frank Lamancusa, and recently provided regulatory advice to Windstream, a Fortune 500 company and provider of advanced network and communications services, in connection with a first-of-its-kind telecoms carrier REIT. In another highlight, Catherine Wang, who is well regarded for her work in wireless technologies, spectrum use, and complex regulated transactions, represented audio equipment manufacturer Shure on issues regarding spectrum policy before the FCC, Congress, and the District of Columbia federal courts. William Wilhelm and Ulises Pin have notable expertise advising VoIP providers and cutting-edge social medial companies, respectively.
Satellite communications, telecoms, broadcast and mass media are all core areas for Pillsbury Winthrop Shaw Pittman LLP 12-attorney department, which includes nine partners, among them communications law specialists John Hane, Richard Zaragoza, Glenn Richards and Scott Flick. In a recent highlight, Flick advised Media General on its proposed merger with Meredith Corporation, and the team advised the client on a competing proposal from NexStar. Hane, a leading practitioner in the field of cutting-edge signal retransmission agreements and related laws and policies, assisted Sinclair Broadcast with its adoption of a new technical standard for American broadcasting, and advised DISH Network, the country’s third-largest pay television service provider, on negotiating the rights to retransmit the signals of major television networks and their affiliated stations across the US.
Brian Weimer heads Sheppard, Mullin, Richter & Hampton LLP’s four-partner communications practice, which is particularly noted for its cable and satellite industry expertise. It frequently represents clients on litigation and regulatory issues before local, state and international regulatory agencies, including municipal cable franchising authorities, state and federal courts, public service commissions, and international arbitration tribunals. It is assisting Charter Communications with obtaining state and local franchise approvals for its multibillion-dollar merger with Time Warner Cable and its acquisition of cable systems from Bright House Networks. Another highlight saw the group advise KTSAT, a privately-owned Korean satellite operator, on International Telecommunication Union issues and the negotiation of international coordination agreements. The practice also represented the client in an arbitral proceeding against another private satellite owner in regard to questions of ownership of a satellite and related damages. Paul Werner is also highly recommended.
At Squire Patton Boggs, Robert Kelly leads a practice that acts for a heavyweight roster that combines private-sector clients, including Facebook, and public authorities and sovereigns, including the State of Hawaii and the government of Bermuda, for which its lawyers are called on to appear before telecoms regulators worldwide. Paul Besozzi recently advised the Cleveland Municipal School District in connection with the E-rate program (a scheme to connect schools and libraries to broadband systems) which involved handling requests from the Federal Universal Service Fund for having technology equipment installed in newly constructed schools. Also recommended are Monica Desai, Joseph Markoski, Jonathan Nadler and Robert Stup Jr. Carlos Nalda left to set up his own consulting firm, and Kevin Martin joined Facebook.
In an illustration of its presence in the communications and broadcast sector, Willkie Farr & Gallagher LLP is regularly called on to handle a rage of regulatory issues for Comcast; 2015 highlights included representing the broadcast giant before several state regulators in connection with FCC regulatory aspects related to its aborted merger with Time Warner Cable, and advising Comcast and NBCUniversal on regulatory compliance issues arising from the 2011 FCC order approving the acquisition of NBCUniversal by Comcast. Thomas Jones heads the practice following former practice head Francis Buono’s departure to join Comcast; Jones, an expert in all things concerning common carrier regulation leads the team, which includes newly promoted partner Michael Hurwitz and Daniel Alvarez, who rejoined the firm’s communications, media and privacy practice following his tenure as legal adviser to the chairman of the FCC.
Telecoms and broadcast: transactional
Index of tables
Telecoms and broadcast: transactional
- Patrick Campbell - Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Howard Chatzinoff - Weil, Gotshal & Manges LLP
- Michael Gillespie - Debevoise & Plimpton LLP
- John Janka - Latham & Watkins LLP
- Andrew Lipman - Morgan, Lewis & Bockius LLP
Carl Northrop -
Telecommunications Law Professionals
- Mace Rosenstein - Covington & Burling LLP
Ivan Schlager -
Skadden, Arps, Slate, Meagher & Flom LLP
- Robert Townsend - Cravath, Swaine & Moore LLP
Covington & Burling LLP further strengthened its telecoms and broadcast practice with the arrival in 2014 of Robyn Polashuk, who joined the Los Angeles office from Greenberg Traurig, LLP. Polashuk brings her expertise in all issues concerning the licensing and distribution of television networks and programming content, to a practice that is noted for its expertise in media transactions. In an illustration of her work in this area, Polashuk advised The Walt Disney Company on a comprehensive renewal agreement between the client and DirecTV, and acted for the NFL Network on the negotiation of carriage agreements with various distributors. In other highlights, a team including Mace Rosenstein, co-chair of the media, internet and technology industry group, and Yaron Dori, who has over 20 years of experience acting for telecoms, technology and media corporations, are advising Altice on its acquisition of US cable operator Suddenlink; and communications and media specialist Jennifer Johnson assisted broadcasting giant CBS with the distribution of all CBS-affiliated television stations on its newly developed digital platform. Other key clients include Hulu, Univision Communications, and Berkshire Partners.
Latham & Watkins LLP owes much of its outstanding reputation to its experience handling transformative deals in the telecoms, broadcast and satellite space. Recent highlights include advising Time Warner Cable on all aspects of its proposed merger with Charter Communications and Bright House Networks, and assisting Thales on its bid for the construction of one of the world’s largest satellite constellations for OneWeb, a Channel Islands-based satellite internet service provider. The firm has also been heavily involved in the FCC’s Advanced Wireless Services and Broadcast spectrum auctions. Other key clients include Comcast Corporation, Cox Communications, Sirius XM, the NFL Players Association, and JPMorgan, which the team routinely advises at all stages of their transactions. The practice’s heavy hitters include joint department heads James Barker and James Gorton, Matthew Brill - who serves as the global chair of the firm’s communications law practice - and TMT specialist John Janka.
Debevoise & Plimpton LLP acts for an impressive number of major media and telecoms companies, family-controlled groups, private equity investors and underwriters, including Amazon, AMC Networks, Tribune Company, Helios Investment Partners, and Verizon. M&A specialists Jeffrey Rosen and Michael Diz assisted Verizon with the $10.5bn sale of its local wireline operations in California, Florida and Texas to Frontier Communications. In another highlight, the practice advised the controlling shareholders in The Madison Square Garden Company on the spin-off of the client’s live sports and entertainment businesses. In another 2015 highlight, Richard Bohm advised an independent committee of the Board of Directors of Martha Stewart Living Omnimedia on its $365m sale to Sequential Brands. Bohm and Michael Gillespie jointly lead the ‘outstanding’ TMT department, which also includes the ‘absolutely terrific’ Jonathan Levitsky, William Regner and Jeffrey Cunard.
Hogan Lovells US LLP’s ‘exceptional, unique and hardworking team’ combines formidable regulatory capabilities with an outstanding reputation in transactional matters, where it regularly acts for private equity and venture capital investors, wireless and satellite operators, technology developers and manufacturers. In a recent highlight, the firm advised Columbia Capital, a global private equity firm that that focuses on technology and telecoms opportunities, on its acquisition of Big Data company Verato. Lead partners in this matter were Randy Segal and Trey Hanbury, who are respectively based in the firm’s Northern Virginia and Washington DC offices. Segal, a specialist on satellite and space systems, was called on to advise OmniEarth, a growing geospatial solutions and information services company, on the launch of its satellite constellation, which included providing transactional corporate and commercial assistance. On the media front, the practice acted for 21st Century Fox on the sale of STATS to Vista Equity Partners and on its purchase of Los Angeles-based online advertising technology company True(X) media. Other key individuals include the ‘extremely knowledgeable’ Steven Kaufman, Ari Fitzgerald, and Michele Farquhar, who are all based in Washington DC, which saw the arrival of unmanned aircraft systems expert Lisa Ellman from legacy McKenna Long & Aldridge.
Clients single out Jenner & Block LLP for its ‘complete package of regulatory, M&A, litigation and appellate expertise, and for its client service.’ In two key deals in 2015, the predominantly Washington DC-based team advised Charter Communications on a sale-and-swap transactions with Comcast, which marks one of the largest horizontal cable transactions of this decade; and assisted Japanese telecom giant SoftBank and Sprint with a proposed merger with T-Mobile. Other key clients include Fox Sports and Fox Sports Digital, the latter of which the group advised on its acquisition of assets from online sports start-up StraightCast Media, including its ‘Gridiron Grunts’ mobile app. Communications and technology specialist Nancy Libin joined the group, which now counts 11 partners, including department heads Samuel Feder, John Flynn and Carissa Coze, as well as Luke Platzer and Los Angeles-based Jolene Negre.
Milbank, Tweed, Hadley & McCloy LLP’s telecoms practice particularly stands out for its corporate capabilities, which encompass commercial contracts, corporate and project financings, and M&A. A large proportion of the practice’s workload stems from the satellite and space industry; Washington DC-based Dara Panahy and New York-based Peter Nesgos lead on these matters and are experts in aerospace and communication. The practice’s wider client base includes telecoms operators, broadband providers, lenders and investors such as Vodafone, Bharti Airtel, LightSquared, Verizon, HSBC, and JPMorgan. Former department head Glenn Gerstell joined the National Security Agency as general counsel.
Paul Hastings LLP’s telecoms and broadcast team works regularly and closely with the firm’s M&A, private equity, and leveraged finance departments. The practice is particularly known for its work in the field of digital media; it has advised Media General on a number of acquisitions, including the client’s strategic investments in The Audience and Federated Media. The firm is also assisting Collective Digital Studio with its $240m merger with German broadcaster ProSiebenSat.1’s Studio71 operation to create a new global multi-channel network. Other key deals include various acquisitions for LIN Media and advising Allbritton Communications on the $985m sale of its equity interests in Perpetual Corporation and Charleston Television to Sinclair Broadcast. Key figures include Eric Greenberg, Tara Giunta, Sherrese Smith and David Hernand, who joined the firm’s Los Angeles office from Cooley LLP.
Paul, Weiss, Rifkind, Wharton & Garrison LLP’s client base includes multinational telecoms companies such as Ericsson, global private equity firms such as Oak Hill Capital Partners, and financial institutions including Merrill Lynch. The firm is particularly known for its cable industry expertise; it regularly acts for clients such as Cable & Wireless Communications and Time Warner Cable, most recently advising the former on its $1.85bn acquisition of Columbus International. In other highlight deals, satellite specialist Patrick Campbell advised Intelsat on its minority investment in OneWeb and on its strategic distribution agreements, while Bruce Gutenplan advised the investors of ExteNet Systems on the $1bn recapitalization of the wireless service provider’s business. Corporate partners and cable experts Ariel Deckelbaum and Robert Schumer are also recommended.
Skadden, Arps, Slate, Meagher & Flom LLP combines communications law expertise with a track record in corporate structuring, national security reviews and antitrust approvals for clients from the television, radio broadcast, cable, satellite, mobile, internet and terrestrial and undersea fiber optic areas. In an illustration of its track record in the fiber optic space, Ivan Schlager, John Beahn, and Joshua Gruenspecht led on Pamplona Capital Management’s $150m investment in fiber optic network service provider Lumos Networks. Another highlight saw the trio of partners advise Time Warner Cable on its proposed Charter Communications. In a further demonstration of the practice’s expertise in M&A, it advised Veritas Capital on its acquisition of Emergency Communications Network (ECN).
Weil, Gotshal & Manges LLP’s Howard Chatzinoff heads the New York-based TMT transactional team, a subgroup of the firm’s corporate department which is best known for its expertise in cross-border transactions, spin-offs, IPOs, debt and equity offerings and restructurings. In a notable highlight, Fred Green advised Verizon on its proposed $4.4bn acquisition of AOL. The group also advised DirecTV on its sale to AT&T for $48.5bn, which was one of the most prominent and publicized M&A deals in the sector. Other highlights saw Michael Aiello advise Media General on Nexstar Broadcasting Group’s $4.1bn buyout offer and advise JPMorgan Securities as financial adviser to Frontier Communications Corporation’s acquisition of AT&T’s incumbent exchange operations in Connecticut, which also involved advising on the related bridge financing senior notes offering. Other clients include AMC Entertainment, CBS, Wells Fargo and Univision Communications. Private equity and M&A specialist Michael Lubowitz also comes highly recommended.
With a track record in the TMT sector spanning more than 30 years, Wiley Rein LLP has accumulated a reputation for its ‘very wide-ranging knowledge of telecommunications law and regulations and FCC issues’. Its 80-lawyer team includes a former FCC chairman, five former FCC commissioners, a former FCC general counsel, two former FCC chiefs of staff, and a former FCC bureau chief. One of the firm’s key clients is AT&T, which Jennifer Hindin and telecoms group chair Michael Senkowski assisted with its $48.5bn acquisition of DirecTV. In another highlight, the practice acted as FCC counsel to Fortress Investment Group and JPMorgan Chase on their $6.8bn acquisition of LightSquared through a restructuring and bankruptcy exit. Other key individuals include media group head Kathleen Kirby and telecoms specialist Robert McDowell. Of counsel Shawn Chang recently joined the firm from the United States House Committee on Energy and Commerce, where he worked as the chief democratic counsel on communications and technology policies. In 2015 Dominic Bodensteiner joined Wilkinson Barker Knauer LLP and Todd Stansbury left the legal profession.
Though primarily known for its standout litigation and regulatory practices, Arent Fox LLP fields a team with strong transactional capabilities within the telecoms and broadcast space, including Michael Hazzard and practice head Alan Fishel, who routinely acts for telecoms and technology companies in on commercial agreements and recently advised Internet2, a not-for-profit networking consortium on various commercial contracts and agreements. In another highlight, Stephanie Joyce assisted DecisionQ, a data analytics company that creates customized data analytics and predictive modeling softwares, in a number of transactions. Other key clients include the American Library Association, the Computer and Communications Industry Association, Securus Technologies, and Twilio.
Palo Alto-based technology expert John Martin heads Baker Botts L.L.P.’s ten-partner practice, which acts for a prominent client roster that includes Barclays Capital, Mediacom Communications and Starz Entertainment. In a noteworthy highlight, New York-based Frederick McGrath and Renee Wilm recently advised Liberty Media on the spinoff of former subsidiary Liberty Broadband and on Liberty Broadband’s $4.3bn investment in Charter Communications.
Cahill Gordon & Reindel LLP combines extensive knowledge of the communications sector with outstanding corporate and finance credentials. The practice acts on a wide range of strategic and corporate matters, and has particular strength in providing strategic advice and guidance on issues arising from political programming guidance. In an illustration of corporate finance capability, the practice recently advised the joint book-running managers and co-managers on the proposed merger between Time Warner Cable and Charter Communications. Key figures include Angela Collins and managing partner Chérie Kiser.
Washington DC-based John Feore leads Cooley LLP’s five-partner practice, which regularly acts for commercial broadcasters and media companies, including Meredith Corporation, on a variety of transactional mandates. In 2015, Kevin Mills and Michael Basile assisted the client with its acquisition of ABC affiliate WGGB-TV, advised on its $86m acquisition of the broadcast assets of WALA-TV, and on its involvement in the sale of KASW-TV, a CW-affiliated television station, to Nexstar Broadcasting. In another highlight Basile acted for Digity Media on its $264m sale to Alpha Media.
The highly regarded Robert Townsend leads the New York-based team at Cravath, Swaine & Moore LLP, which regularly advises telecoms companies on M&A, securities offerings and a variety of complex financing transactions. Notable clients include Cable One and CBS Corporation. A recent highlight saw Stephen Burns advise Crown Castle on the $1.6bn sale of Australian subsidiary CCAL to a consortium of investors including Macquarie Infrastructure and Real Assets. The practice acted for the same client on the $1bn purchase of Quanta Fiber Networks from Quanta Services. George Schoen and Craig Arcella are also recommended.
Todd Daubert heads Dentons’ 23-lawyer telecoms and broadcast practice, which includes eight partners. Victor Boyajian acted for Synchronoss Technologies on the $60m purchase of personal cloud assets from F-Secure and advised Scanadu on a $35m series B financing for medtech company i9n. The merger with McKenna Long & Aldridge in July 2015 has added to the firm’s footprint.
Morgan, Lewis & Bockius LLP’s TMT practice covers a wide range of telecoms and media related corporate transactions and financings for clients including investment banks and private equity, and hedge funds. In a private equity highlight, telecoms sector head Andrew Lipman advised M/C Partners on its $50m investment in Everstream Solutions, a Cleveland-based provider of fiber services. Catherine Wang assisted Crown Castle, a provider of shared wireless infrastructure, with its $1bn acquisition of Quanta Fiber Networks, and Ulises Pin advised Columbus Networks on its $1.8bn sale to Cable & Wireless Communications. The promotion of Timothy Bransford and Frank Lamancusa has taken the Washington DC-based practice to nine partners.
Robert Freeman heads Proskauer Rose LLP’s ten-partner media and entertainment practice, which has an extensive track record negotiating and structuring distribution deals across traditional and emerging content platforms. Recent highlights include advising Time Warner Cable, which the team has represented for more than 15 years, on its agreement with Charter Communications for the carriage of SportsNet LA, the exclusive regional network for the Los Angeles Dodgers; and advising Soccer United Marketing, an affiliate of Major League Soccer, on the sale of its YouTube channel KickTV to Copa90, a soccer-focused content company based in the UK.
Headed by satellite expert Brian Weimer, Sheppard, Mullin, Richter & Hampton LLP’s communications team is assisting Charter Communications with securing state and local franchise approvals its proposed multibillion-dollar merger with Time Warner Cable. Weimer also led on Charter’s acquisition of several cable systems from Bright House Networks, while Paul Werner provided advice on platform development and deployment to Snapchat.
The core of Steptoe & Johnson LLP’s telecoms and broadcast practice is located in Washington DC, led by Pantelis Michalopoulos. In an illustration of its transactional credentials, the team advised Netflix on interconnection agreements with Comcast, Charter Communications, Time Warner Cable, Verizon and AT&T, and advised the client on its opposition to Comcast’s proposed merger with Time Warner Cable. Other representative clients include DISH, Artel, and Neustar. Stephanie Roy, Christopher Bjornson, and Markham Erickson are highly recommended, as is New York-based Michael Vatis. Alan Cohn, who recently served as the former assistant secretary at the Department of Homeland Security’s office of strategy, planning, analysis and risk, joined the firm in April 2015 as of counsel.
Since its establishment in August 2011, Telecommunications Law Professionals has established a foothold as a well-regarded telecoms boutique, regularly assisting clients including broadband service providers, wireless industry associations, financial institutions, equipment manufacturers, mobile application developers, and hi-tech start-ups. In a recent highlight, team head Carl Northrop advised LocusPoint Networks on multiple broadcast license acquisition transactions, and acted as federal counsel alongside Michael Lazarus on General Communication’s investments in the Alaska Wireless Network. The practice has also been acting for new client Lend Lease on various matters. Other clients include the Competitive Carriers Association, PRWireless and Columbia Capital. Regulatory expert Ash Johnston is also recommended.