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Overview

2011 was another busy year for the high-tech and telecoms sectors, driven by technology and market convergence, industry consolidation in an unpredictable economy, and the Obama administration tightening regulation around online activities. Major themes include the digitization of content across multiple platforms and different ways of delivering, promoting and utilizing content, interactive, mobile and location-based applications, big data and, consequently, data privacy and security. Consumer technology trends are spilling over into business, and organizations are leveraging technology through outsourcing and joint ventures. Improved connectivity and the proliferation of mobile devices have brought cloud computing – and the issues it raises – to the mainstream. Transactional activity in the fast-moving telecoms and broadcast sectors has continued apace with lawyers focusing on big-ticket M&A and international joint ventures that support global consolidation. The regulatory environment focuses on online activities, data collection and privacy, data protection and security, driven by rapid advances in location-based applications and mobile payment systems, as well as ownership issues in the telecoms and broadcast sectors.

In advertising and marketing, consumer brands compete for customers on interactive online and mobile platforms. Advertising firms handle advisory, transactional and litigation work, including Lanham Act false advertising cases, class actions and Federal Trade Commission (FTC) investigations and challenges before the self-regulatory National Advertising Division (NAD) of the Council of Better Business Bureaus. Work in 2011 focused on regulating advertising practices across multiple platforms – including social networks and mobile platforms utilizing location-based data to deliver targeted and behavioral advertising. Advertisers require advice on the legitimacy and defense of their advertisements and potential challenges to competitors’ advertising. Advertising lawyers’ work has concentrated on heavily regulated sectors including healthcare, financial services and retail, as well as marketing to children.

The Obama administration’s focus on data protection and privacy regulation, and a more active FTC has produced significant work, especially for firms with a strong Washington DC presence. The 1996 Health Insurance Portability and Accountability Act (HIPAA) continues to be of particular relevance, along with the 2009 Health Information Technology for Economic and Clinical Health Act (HITECH), which covers privacy and security elements of the electronic transmission of health information. The financial services sector also has specific regulations, notably the Gramm-Leach-Bliley Act, the Credit Card Accountability Responsibility and Disclosure Act 2009 and the Dodd-Frank Act 2010. Compliance with the rules in different jurisdictions, some of which apply across international activities and the regulation of privacy on the internet are key considerations. Data collection and transfer, data security assessments and breaches, FTC regulatory investigations and data protection policies produce work for law firms with relevant expertise and 2011 saw a sharp increase in privacy-related litigation. Cloud computing, social media, e-commerce, mobile and location-based activities are hot topics.

2011 saw new perspectives on outsourcing. Firms advising on outsourcing deals generally work on the customer side as major providers have strengthened their in-house legal teams, and face increased competition from management consultancies who advise on strategic and contractual arrangements. Organizations are more open about outsourcing as a function of agile business and there is trend for replacing single-provider arrangements with multi-sourcing to specialist providers. The focus has shifted from offshoring to insourcing and near sourcing, driven by practical and political considerations. The biggest, most challenging outsourcing deals tend to be handled by attorneys with recognized expertise working at firms with the size and international bandwidth to put together complex, multinational arrangements. Consequently, leading names attract a loyal client following, and a proliferation of lateral moves has shifted firms’ position in the market.

2011 saw numerous firms involved in technology transactions ranging from serial high-value acquisitions by leading global names, infrastructure investments driven by advances in technology, and innovative start-ups merging and engaging in joint ventures. The increasing convergence of IT, telecoms and media, the growth of cloud computing and innovation have kept the market buoyant. There has been a resurgence in work requiring in-depth technical expertise and lawyers with industry knowledge and experience are valued by firms and clients alike. The work that firms do depends on the type of clients they represent, ranging from start ups in emerging technology areas to global giants and technology investment funds.

The telecoms sector was boosted by the Obama administration’s stimulus funds and national broadband plan. The Federal Communications Commission (FCC) has expanded its remit to include internet related issues and this has created some controversy. Firms ranging from global players to specialist boutiques advise leading industry players on regulations around online activities, and the new rules around net neutrality and spectrum allocation. Lawyers with FCC experience offer specialist regulatory expertise and many of the leading practices are based in Washington DC. This section covers broadcast and satellite work, as well as traditional telecom work, in recognition of continued convergence and improved mobile connectivity.

Companies looking for regulatory compliance advice come from increasingly diverse sectors. Investors, content providers and internet companies consistently turn to the market leaders for counsel and increased FCC and government involvement is driving regulatory work. The ability to offer both transactional and regulatory expertise does not necessarily define the most successful practices, although transactional support is increasingly important as new regulations are introduced.

Strong transactional firms and firms that offer specialist expertise are commonly involved in telecoms deals. The tables focus on firms with dedicated industry expertise, so may omit some larger firms, despite the fact that their corporate partners act on large transactions in this space. 2011 saw activity driven by market consolidation, joint ventures, IPOs and public companies going private. Convergence between the telecoms, broadcast, cable and media industries drives big-ticket M&A transactions, with attorneys representing the various parties and the banks and private equity firms investing in the telecoms and broadcast industry and in some cases helping to structure the deal. The continued growth in international and multijurisdictional transactions involving telecoms providers and broadcasters in sophisticated and emerging markets supports firms with a global footprint. However, conflict issues, regulatory investigations and litigation have helped specialist boutiques to thrive in a highly competitive market.


Marketing and advertising

Index of tables

  1. Marketing and advertising
  2. Leading lawyers

Leading lawyers

Clients recommend New York boutique Davis & Gilbert LLP as ‘the best firm in the advertising agency world’ for advice on the creation, production and dissemination of advertising across all media, particularly interactive technology and consumer-generated content. The 21-partner group focuses on transactions counseling and contentious work including false advertising cases and cases of first impression involving, internet advertising and pre-sale promotional trademark use. Clients include industry trade associations the American Association of Advertising Agencies (AAAA) and the American Advertising Federation (AAF). The practice is a trusted advisor to industry self-regulatory body the National Advertising Division (NAD), including the Children’s Advertising Review Unit (CARU), leading advertising agencies J Walter Thompson, Ogilvy & Mather and TBWA Chiat Day and global brands MTV Networks, Apple, and Nissan. New clients include Little Caesars Pizza, CHI Advertising, MySpace and Chrysler. Marc Rachman represented American Express in a copyright infringement action brought by photographer and documentary filmmaker Louie Psihoyos that was amicably resolved. ‘Strong litigator’ Guy Cohen is defending BBDO Worldwide against claims by rock musician Levon Helm. Practice head Ronald Urbach is ‘probably the best attorney in the field. His advice and counsel is invaluable’; and he is recommended for ‘dealing with complex issues’. Urbach advised Goodby, Silverstein & Partners on advertising and promotional campaigns associated with the launch of the Chevrolet Volt, the first plug-in electric hybrid vehicle in the United States. Clients commend James Johnston as ‘calming and helpful in difficult situations’, and Joseph Lewczak’s ‘knowledgeable, practical approach’. Howard Weingrad, who handles talent issues, is ‘astute, well-liked and business-focused’; Richard Eisert is a ‘strong generalist’. Allison Fitzpatrick and Brooke Erdos Singer were promoted to partner.

Described as ‘true experts at the top of their game’, Frankfurt Kurnit Klein & Selz advises on all aspects of advertising from agency formation and M&A to new media and technologies. It clears creative work and advises on cutting-edge marketing initiatives. According to one client, it ‘provides a thorough legal framework in which to deliver projects with the lowest possible risk’. Key focus areas include product placements, sponsorship, celebrity endorsements, and interactive and behavioral advertising. Clients include advertising agencies Digitas, Anomaly, Droga 5, Firstborn and Crispin Porter & Bogusky; top brands Nike, Domino’s Pizza and. Cablevision; and agency bodies AAAA, the Association of National Advertisers (ANA) and the Society of Digital Agencies. Rick Kurnit is ‘an outstanding lawyer, and invaluable business advisor’. Candice Kersh and Mara Canner are ‘super smart, and terrific at their jobs’. Brian Murphy advises on user-generated content, social networking, and interactive and mobile platforms. Jeffrey Greenbaum focuses on regulatory issues. Clients ‘love working with the highly capable’ Gavin McElroy. Michael Schiffer and Shelly Paioff are ‘impressively responsive within a tight turnaround time’. Christopher Chase wins plaudits for his ability to ‘explain complex legal issues in clear, simple language’. Terri Seligman is also recommended.

Kramer Levin Naftalis & Frankel LLP’s ‘superb, responsive’ eight-partner practice advises pharmaceutical and consumer products companies, retailers and software firms on claim substantiation and advertising clearance, and handles high-profile litigation. Practice head Harold Weinberger, an ‘impressive, professional’ litigator, and Jonathan Wagner, who ‘can be relied upon for objective and sound counsel’, won a landmark Court of Appeals victory for PBM Products upholding the verdict of a jury trial which found Mead Johnson liable for falsely claiming that store brand infant formula manufactured by PBM Products was nutritionally inferior to Mead Johnson’s products and awarded PBM $13.5m in damages. They also successfully defended Procter & Gamble in a Lanham Act false advertising case brought by a group of professional salons who were claiming that Procter & Gamble falsely advertised their hair products, and successfully defended Neutrogena against a challenge by Schering-Plough to Neutrogena’s sunscreen products sold under the Helioplex trademark. Weinberger and Norman Simon, who is recommended as ‘approachable, highly knowledgeable and skilled’, defended advertisers in challenges before the NAD and the National Advertising Review Board (NARB). Simon successfully defended comparative advertising claims for Acuvue brand contact lenses based on clinical testing conducted by Johnson & Johnson Vision Care in an NAD challenge commenced by CIBA Vision Corporation. Simon and Weinberger defended advertisers in challenges before the NAD and the NARB. Jennifer Rochon and Kerri Ann Law are also recommended.

Patterson, Belknap, Webb & Tyler is a recognized leader in false advertising litigation. Led by litigation chair Steven Zalesin, supported by the firm’s IP strength, the firm represents consumer products companies in Lanham Act disputes and before the NAD and FTC. Of counsel Christine Miller handles advertising substantiation and network clearance, and Saul Shapiro focuses on false advertising matters in the media industry. Zalesin and his team represented Coca-Cola in an appeal to the Ninth Circuit in a false advertising suit brought by the makers of the pomegranate juice POM Wonderful, and acted for Johnson & Johnson in eight consumer class action suits disputing the label and advertising for Listerine Total Care Anticavity mouthwash. The team was successful in six of these and the remaining two settled. L’Oréal is another high-profile client. Litigator Travis Tu, who specializes in IP, false advertising and consumer fraud matters, was promoted to partner.

Proskauer Rose LLP’s 19-lawyer advertising litigation practice works out of New York, Boston, Washington DC and Los Angeles. Lawrence Weinstein, who is acknowledged as ‘the go-to lawyer for the toughest matters’, leads the practice together with Brendan O’Rourke, who has a ‘tremendous knowledge base’. The group handles competitor claims under the Lanham Act, consumer class actions governed by state laws, proceedings before the NAD and FTC challenges. Highlights included successfully representing Church & Dwight in a false advertising class action suit related to label claims concerning the safety of pain relief product Orajel for children under the age of two, and in a challenge to claims in a Clorox television commercial for a cat litter product. Other work included successfully defending the US Green Building Council, the developer and administrator of the LEED environmental certification rating program, in a class action false advertising lawsuit. O’ Rourke is defending Radiancy, in a false advertising and trademark infringement lawsuit concerning its light-based hair removal device. Key clients include Bausch & Lomb, T-Mobile, Dyson, SC Johnson, Major League Baseball, Merix Pharmaceuticals and Colgate-Palmolive. Michael Mervis is ‘one to watch’ and Baldassare Vinti is also recommended. Adam Siegartel was promoted to senior counsel.

Reed Smith LLP’s multidisciplinary advertising, technology and media group has 63 lawyers in offices across the US and internationally. The team’s bandwidth is reflected in its ability to handle a diverse range of regulatory, transactional and litigation work for advertising agencies and global brands, including adidas, Publicis Groupe, UBS, General Electric, Viacom, Electronic Arts and Fox Television. The practice handles advertising clearance, licensing and multi-platform promotions, including behavioral advertising, e-commerce, m-commerce (mobile commerce) and l-commerce (location-based commerce). Lawyers are commended for their ‘strong response times and excellent knowledge’. According to one client, practice head Douglas Wood in New York ‘demonstrates exceptional business and legal savvy and is a pleasure to work with’. ‘Online and new media authority’ Joseph Rosenbaum ‘provides comprehensive, nuanced advice’. Wood is the advertising industry’s lead negotiator for collective bargaining agreements with the Screen Actors Guild (SAG), the American Federation of Television and Radio Artists (AFTRA) and the American Federation of Musicians (AFM). Wood is also general counsel to the ANA, the Advertising Research Foundation and The Advertising Council, and Rosenbaum is general counsel to the Interactive Advertising Bureau. Rosenbaum advises Sony Pictures Entertainment on global e-commerce and digital rights management, and assists Ladbrokes with complex e-commerce, m-commerce and advertising, including celebrity endorsements. On the contentious side, Wood led a team, that included John Feldman in Washington DC, representing Reebok International in a dual-track complex settlement with the FTC and plaintiffs in five separate class actions over allegations of false advertising. Media lawyers Tom Ara and Robert Sherman joined in Century City from Manatt, Phelps & Phillips, LLP.

With over 60 lawyers, Venable LLP has one of the largest US advertising practices with lawyers in Washington DC, New York and Los Angeles handling regulatory, transactional and litigation work. Practice head Jeffrey Knowles, who is ‘an incredibly strong force in the advertising space and has put together a top-notch team’, is recognized for his expertise in direct response advertising and advertising compliance, reviewing television and radio scripts, internet and direct mail advertisements. Gregory Sater, who joined the Los Angeles team from Rutter Hobbs & Davidoff (which closed down in February 2012), is advising Skechers on its national direct response television campaign. Melissa Landau Steinman represented Perdue Farms, in advertising-related licensing and sponsorship transactions, notably promotional and co-branding agreements with Disney in relation to Cars II. The group in Washington DC represents nearly every marketing industry association as well as coalitions lobbying for industry self-regulation of online marketing. Privacy expert Stuart Ingis is strong on internet and behavioral advertising. Contentious work includes IP disputes, Sherman Act claims and litigation involving the FTC and FDA. Knowles and litigation head Roger Colaizzi are assisting The Sugar Association with its opposition to the $100m campaign by the Corn Refiners Association to rebrand High Fructose Corn Syrup as “Corn Sugar”. High-profile cases included defending New York Law School against a putative class action alleging that it systematically misled students and prospective students about their employment prospects after graduation. The team expanded with lateral hires including Amy Mudge and Randal Shaheen from Arnold & Porter LLP in Washington DC and former FTC Northeast director Leonard Gordon in New York. David Joy rejoined the FDA. Key clients include Amazon, Bank of America, Clorox, Dannon, Sony Ericsson and new clients Genie Bras and Kellogg.

Kelley Drye & Warren LLP’s national advertising practice handles transactional work, NAD hearings, class action defense and false advertising litigation. It is particularly well regarded for its strength in FTC matters and proceedings before NAD and NARB. The group is commended as ‘a strong bench with in-depth industry knowledge’. In Washington DC, 12 partners and 12 associates are supported by special counsel August Horvath in New York. The group expanded following the April 2011 merger with Los Angeles litigation firm White O’Connor Fink & Brenner LLP. On the regulatory side, ‘arguably the best advertising lawyer in the US’, John Villafranco ‘consistently provides good advice and service’. Together with practice head Lewis Rose, Villafranco advised Chattem on the launch of allergy drug Allegra as an over-the-counter product, and successfully defended Chattem in a competitor challenge brought before the NAD. Rose and Alysa Hutnik are representing DISH Network in litigation concerning alleged violations of the FTC’s Telemarketing Sales Rule. Dana Rosenfeld, who clients recommend as ‘second to none’, advises Walgreens on strategic compliance matters. Katie Bond is ‘extremely impressive’. Christie Grymes Thompson focuses on consumer protection matters, including advertising, product safety, competitor challenges, promotions and privacy, and Gonzalo Mon and David Ervin ‘do an excellent job of balancing the legal risk and the business exigencies’ concerning new media campaigns. Key clients include Burger King, Dell, Electrolux, Expedia, Nestlé HealthCare Nutrition and The Sherwin-Williams Company.

Loeb & Loeb LLP’s advanced media and technology group combines litigation and regulatory strength with transactional prowess, providing all-round expertise on marketing and advertising/regulatory, consumer protection defense and unfair competition. The 19 partners in New York, Chicago, Los Angeles and Washington DC focus on technology and emerging media, regulatory matters, Lanham Act false advertising cases and related litigation and are commended for their ‘efficient and cost-effective’ work. Michael Mallow heads the consumer protection defense and unfair competition group of experienced litigators who defend government enforcement actions and investigations and private class action lawsuits.

New York co-head James Taylor advised Unilever US on its social media and online advertising programs and initiatives, and practice co-chair Kenneth Florin, who is commended for his ‘ability to give business-minded advice on questions which have no straightforward answer’ advises Canoe Ventures – a collaborative platform for the distribution of targeted advertising – on regulatory compliance, privacy safeguards, promotional strategies, IP exploitation and protection, and technology agreements. Taylor and Florin represented VivaKi and its affiliated agencies Digitas and Razorfish on media services agreements and digital campaigns, privacy and technology issues, working with publishers Google, Microsoft and Twitter, and on data provider agreements and online behavioral advertising. They also advised Comcast on social media and mobile marketing initiatives and Clear Channel on establishing iHeartRadio. On the contentious side, Mallow defended advertising and digital communications agency Campbell-Ewald Company in a putative class action concerning an advertising campaign for the United States Navy utilizing SMS text messaging. The team successfully defended Toyota Motor Sales USA in several class actions. In Chicago, Rob Andalman is recommended for regulatory and compliance matters, and Douglas Masters for online advertising and marketing litigation. Clients appreciate trademark litigator Tamara Carmichael’s ‘knowledge, responsiveness and insight’. Senior counsel Denise Smith-Mars and Michael Ridgeway Jones joined the group from Winston & Strawn LLP and Skadden, Arps, Slate, Meagher & Flom LLP respectively. Other clients include Facebook, Visa, L’Oréal and RIM.

Manatt, Phelps & Phillips, LLP’s ‘practical, business-oriented’ team includes New York-based advertising lawyers, a strong West Coast entertainment and media presence, and an advertising litigation and regulatory practice in Washington DC. Instructions cover traditional and new media, mobile marketing, branded entertainment, and interactive and social media. The group handles compliance, transactions and litigation arising from false advertising claims, with litigators undertaking both plaintiff and defense work. The practice, which is best known for representing major brands, also acts for advertising agencies. Clients recommend Jeffrey Edelstein in New York as ‘best in the business’. Together with practice head Linda Goldstein and Clayton Friedman in Orange County, Edelstein advises leading brands including The Martin Agency, Electrolux, AT&T and DIRECTV on social media, and mobile promotions, with Friedman handling consumer protection work. The group advised on sponsorship, event marketing, brand integration, celebrity endorsements, alternative advertising and user-generated content, social media policies, sweepstakes and competitions. Advertising clients include household names, notably Coca-Cola. In 2011, Goldstein drafted talent agreements for Katy B and Mark Ronson for the composition of music for Coca-Cola’s advertising campaign for the 2012 Summer Olympics. The proliferation of false advertising cases continued, and in 2011 the group handled some 25 NAD challenges. Goldstein in New York and Christopher Cole in Washington DC ‘have a reputation and a level of knowledge that is second to none’. In the past 12 months, the firm handled five NAD actions for Kimberly-Clark Corporation (KCC). Goldstein and Edelstein successfully represented Sun Products in an NAD challenge against Procter & Gamble. Other key clients include Affinion, AT&T, Diageo, DIRECTV, General Mills, Kimberly-Clark, MillerCoors and Ticketmaster. Anthony DiResta left to join Winston & Strawn LLP.

Clients commend Morrison & Foerster LLP’s ‘strong, responsive and knowledgeable’ 20-lawyer team. D Reed Freeman and Julie O’Neill in Washington DC are recognized for their expertise on national advertising and FTC matters, and counsel clients including Dotomi, Experian, 33 Across and Adchemy on online advertising regulation. The California group handles false advertising cases on Lanham Act issues and California Business & Professions Code §17200 and §17500 disputes. William Stern and his team handle cases brought by the Surgeon-General regarding health claims made in advertising. They are currently representing 19 producers of packaged fruit, fruit juice, and fruit and vegetable-based baby foods in six consolidated federal class actions. David McDowell successfully defended Cadbury Adams in the Court of Appeal against claims concerning the marketing of Trident White chewing gum. Other clients include Target Corporation, Netflix, Costco, Fujitsu America, Unilever, Monier and Expedia. Penelope Preovolos handles consumer class action cases and false advertising claims.

Sheppard, Mullin, Richter & Hampton LLP advises brand manufacturers, web operators and agencies on sports, entertainment and interactive marketing. Practice head Robert Darwell and partners Shaun Clark in Century City and Benjamin Mulcahy in New York are supported by the firm’s media and entertainment prowess. The practice advises motion picture studios and brand manufacturers on joint promotion campaigns across multiple platforms and handles sports-related advertising and promotions. Mulcahy and his team advised Paramount Motion Pictures on major promotional initiatives for motion pictures Footloose, GI Joe, Iron Man, Up in the Air and The Last Airbender, dealing with online sweepstakes promotions and integration and co-promotion agreements with LG, Audi Chrysler, McDonald’s, 7-Eleven, Heineken, major wireless carrier and wireless equipment manufacturers, airlines, hotel chains, and retailers. The firm also advised Summit Entertainment on promotional initiatives for The Twilight Saga movies, Source Code, The Hurt Locker and Letters to Juliet, including online sweepstakes promotions and major integration and co-promotion agreements 7-Eleven, Burger King and other major national brands. It also acted as counsel to Lions Gate Entertainment in major promotional initiatives for motion pictures The Hunger Games, Abduction, Conan the Barbarian, and the Tyler Perry franchise films, structure consumer rebate offers and mobile, online and retail promotional and marketing initiatives and COPPA compliance strategies for tween-focused titles including Barbie and Thomas the Train. Other work included advising Liz Claiborne on online, mobile and retail marketing and sales campaigns, vendor agreements and privacy initiatives. Clark represented Chrysler Group in negotiations with Activision on the integration of the Jeep Wrangler into Call of Duty: Black Ops, the related co-promotional media campaign, and the license to Chrysler to manufacture and sell special edition Jeep Wrangler vehicles. Other work focused on online and mobile content and data privacy. Craig Cardon successfully represented Williams-Sonoma Stores in an advertising/data privacy class action.

Winston & Strawn LLP’s lawyers are ‘responsive, tech-savvy and experienced in social media’, advising advertising agencies, promotional companies and major consumer product manufacturers on advertising substantiation, FTC review and counseling, sweepstakes and promotions, NAD and network concerns, talent and sponsorship contracts, privacy law issues, trademark and copyright review and litigation. Brian Heidelberger, chair of the advertising, marketing and entertainment practice, who is recommended as ‘responsive, knowledgeable and not afraid to discuss business issues’, advised MasterCard International in its worldwide sponsorship of Major League Baseball and clubs such as the Chicago Cubs and Los Angeles Dodgers. Other clients include Anheuser-Busch, LG Electronics, McDonald’s, Motorola and PepsiCo. Liisa Thomas, who is ‘fantastic in a crisis’ and ‘has a great breadth of knowledge without compromising the details’, is a recognized expert in behavioral advertising, social media marketing and data privacy. Ronald Rothstein handles major false advertising cases, and Stephen D’Amore is representing the Corn Refiners Association in the high-profile false advertising litigation involving high-fructose corn syrup. Mary Reed ‘has an established reputation in promotions and Screen Actors Guild matters’. Brian Fergemann advises clients including Michael Stores and Oreck Corporation on advertising matters, including regulatory compliance. Associate Jason Gordon is singled out for praise. The practice was strengthened by litigator Anthony DiResta joining from Manatt, Phelps & Phillips, LLP.

Covington & Burling LLP advises on the interface between marketing and privacy issues, FTC self-regulatory guidelines, and CAN-SPAM and rules around email and mobile marketing. Clients rate the group ‘excellent in the FTC and FDA areas’. Underpinned by the firm’s global strength in data protection and privacy and its transactional prowess in technology and telecoms, it is ‘strongly recommended’ for its work in the life sciences and pharmaceutical sectors. It frequently represents clients appearing before Congress, state attorneys general and regulatory agencies, and advises advertisers, internet service providers and software vendors on online behavioral advertising, text message and mobile advertising as well as reviewing advertising copy. John Graubert in Washington DC is representing POM Wonderful in ongoing FTC litigation concerning the marketing of pomegranate juice and juice extract, and Jeannie Perron successfully represented NBTY in NAD action challenging substantiation for its osteo bi-flex product claims. The firm’s international footprint supports its work for global corporates, notably advising Procter & Gamble on privacy issues, including cloud computing, online advertising, call interception and recording laws affecting its global call center operations. Erin Egan left the firm for an in-house role. A prestigious client list includes Microsoft, GlaxoSmithKline and King Pharmaceuticals.

Dentons’s practice is supported by lawyers’ in-house experience and the firm’s global footprint. Commended as ‘excellent on all counts’, it represents traditional media and entertainment entities and digital media companies. Practice head Natalie Spears in Chicago is representing video provider Redbox in a major class action alleging violation of the Video Privacy Protection Act (VPPA) regarding customer video rental information, and acted for Rug Doctor in advertising litigation and at the NAD. On the non-contentious side, Lisa Weiss in New York (‘highly recommended’) is assisting Blip.tv with licenses of video assets in ad revenue share deals, and acting for Al Jazeera English with its programming distribution agreement with RISE TV Networks, which enables the launch of Al Jazeera English as a 24/7 ad-supported programming channel carried on Time Warner Cable and other operators.

Leading IP firm Foley & Lardner LLP is ‘one of the best in its field’ advising advertisers on trademark and brand issues. Craig Fochler and his team in Chicago continues to represent Alberto-Culver in a global TRESemmé hair care false advertising claim brought by Procter & Gamble in South Africa, Spain and Mexico. Fohler successfully defended Treehouse Foods against a preliminary injunction attempting to stop a new product launch. In New York, practice head Jeffrey Greene advises Citigroup on trademark and related issues in over 100 countries worldwide. Jonathan Moskin represents QVC. Other clients include 7-Eleven, Calvin Klein, Colgate-Palmolive, Mattel, Motion Picture Association of America and Priceline.com.

At Kirkland & Ellis LLP, practice head Ross Weisman’s 15-strong marketing and advertising team in Chicago, Washington DC, New York and Los Angeles is part of the firm’s IP group and supported by its national footprint. Work includes investigating, prosecuting and defending advertising, marketing and unfair competition claims. The group has an impressive track record of handling high-profile, big-ticket and challenging cases, representing clients before the FTC, and handling litigation and NAD work for high-profile advertisers. In 2011, Weisman and his team represented DIRECTV against Comcast Corporation in relation to allegations concerning DIRECTV’s advertising for its NFL Sunday Ticket promotion. Other clients include Abbott Laboratories and Verizon Communications. Tom Monagan focuses on Lanham Act litigation. Chicago-based Paul Garcia left to join Kelley Drye & Warren LLP.


Technology: data protection and privacy

Index of tables

  1. Technology: data protection and privacy
  2. Leading lawyers

Leading lawyers

Clients appreciate Covington & Burling LLP’s ‘great global coverage’ and recommend its attorneys for their ‘sophisticated, pragmatic guidance and understanding of business realities’. The group advises multinational clients on global legal, regulatory, and legislative matters involving confidential customer, employee and business information, online advertising and efforts to combat online threats. Based in Washington DC, the practice has strong links with government organizations, notably the FTC, and includes specialists in financial services, healthcare and technology privacy. Data security specialist David Fagan is commended for his advice on intrusions to computer systems and data breaches. Together with telecoms expert Yaron Dori, who represents TDS and Viacom, Fagan advised Microsoft on US and EU privacy and data security issues regarding its acquisition of Skype, cloud computing, location-based mobile services and children’s privacy. The ‘extremely knowledgeable, responsive’ team has a strong foothold in the pharmaceutical and retail sectors, with Dori and Nigel Howard advising Procter & Gamble on online advertising initiatives, partnerships and contracts. Eric Bosset successfully defended AOL in two putative class action lawsuits alleging online data collection practices that violated users’ rights. Mark Plotkin advised Broadridge, Brown Brothers Harriman, Facebook, Hulu and Patagonia on financial data privacy and compliance issues. Matthew DelNero, who focuses on privacy in cloud computing and Latin American privacy matters, was promoted to partner. Former practice head Erin Egan moved in house. Other clients include LinkedIn, Cable One, CBS, McDonald’s, Mazda and NPR.

DLA Piper LLP is commended for its ‘holistic view and tremendous depth and breadth’. Its significant Washington DC presence is supported by an extensive national and global footprint. Advising on compliance policies, regulatory investigations and undertakes transactional support and litigation, it represents technology providers and customers and handles international and cross-border matters, including data transfers and breaches. The group has particular strength in financial services regulation, with practice co-chair Thomas Boyd advising the National Business Coalition of leading investors and corporations, and counseling global financial services organizations and major corporates. The group advises IT and corporate clients on managing risk and security and dealing with data breaches. Boyd and Jennifer Kashatus, who joined from Womble Carlyle Sandridge & Rice, advised a leading global financial institution on data protection compliance, including vendor management, data transfer, customer and employee issues. Jim Halpert in Washington DC, advises the State Privacy and Security Coalition on privacy, security, consumer protection, marketing, child online safety, and internet advertising. Michael O’Neil in Chicago is defense counsel in consumer class actions. Key clients include Alcatel-Lucent, Experian, GE, RBS, Symantec, Kodak and Verizon. Heidi Salow left the firm to join Greenberg Traurig LLP.

Hogan Lovells US LLP’s 27-attorney privacy and information management practice group is the largest in the US. Clients value its ‘deep specialization’ and its ability to offer multinational entities global privacy counseling. Led by Christopher Wolf and healthcare privacy expert Marcy Wilder in Washington DC, the practice remains at the forefront of FTC privacy and enforcement work. Wolf represents privacy think tank The Future of Privacy forum, which focuses on emerging privacy challenges in FTC, FCC and NIST regulatory proceedings. Wilder advised Verizon on mobile health, tele-health and health information exchanges. High-profile clients include American Express, News Corporation and United Healthcare Group. Topical issues include big data, data aggregation, new platforms, behavioral advertising, the Smart Grid, health information, and mobile and online applications. The group advises on Health Insurance Portability and Accountability Act (HIPAA) matters and the Health Information Technology for Economic and Clinical Health Act (HITECH) regarding the electronic transmission of health information. The ‘creative, practical, intelligentBarbara Bennett provides ‘excellent healthcare regulatory advice’. The team was strengthened by senior policy advisor and law professor Daniel Solove. Nadine Peters and Timothy Tobin were promoted to partner.

Hunton & Williams LLP’s dedicated privacy practice is led by ‘well-regarded, professional’ Lisa Sotto, managing partner of the firm’s New York office and chairperson of the US Department of Homeland Security’s data privacy and integrity advisory committee. Respected by the market and supported by a 25-lawyer global privacy team, the practice counsels on compliance with international, federal and state statutory requirements, including the EU Data Protection Directive, HIPAA, GLBA, FCRA, CAN-SPAM, TCPA and state laws and regulations. Clients include banks and financial services, electronic publishers, retailers, healthcare providers, telecoms, ISPs and government agencies. The firm’s privacy think tank and consulting practice, the Center for Information Policy Leadership, brings together companies, consumer leaders and senior policy makers to develop global privacy and data security strategies, shape solutions and develop next-generation principles. Clients appreciate the team’s ‘commitment to excellence and work with policy makers’, which underpins lawyers’ ‘excellent practical advice’. Aaron Simpson helps clients manage large-scale data security incidents. Big data is another important focus area. Recent mandates include advising Michaels Stores on a significant data breach when checkout line PIN pads were fraudulently compromised, and assisting the Comptroller of the State of Texas with the aftermath of a data breach involving the records of state employees and retirees. Other clients include Estée Lauder, GE and TJX.

Recommended as ‘excellent in all respects’, Morrison & Foerster LLP’s global cross-disciplinary team of over 60 attorneys advises regulators and high-profile clients on prominent privacy, data protection and data security, and undertakes corporate transactional and litigation support. The practice is underpinned by the firm’s international footprint and technology prowess. ‘Preeminent’ practice chair Miriam Wugmeister in New York wins the respect of the market, particularly for her international work. 2011 saw an increase in contentious work, including class actions. Key issues include behavioral and targeted advertising, the right to be forgotten, cookies, cloud computing and geolocation. Regulatory advice concentrated on the healthcare, financial and retail sectors. Clients ‘wholeheartedly recommend phenomenal lawyer’ D Reed Freeman in Washington DC. Julie O’Neil focuses on state and federal consumer protection law including the review of online and offline advertising, competitor and regulator challenges, sweepstakes, promotions, and direct marketing. The ‘well-informed’ Andrew Smith and Rick Fischer advise insurance companies, banks, and investment companies on ‘current trends and developments’ as well as new federal rules relating consumer data. William Stern in San Francisco is representing Citibank in a privacy consumer class action relating to a data security breach. Wugmeister and her team are representing Citi in the related case in New York. David McDowell in Los Angeles is defending several famous retailers in class actions alleging that they improperly collected personal information. ‘Rising star’ Christine Lyon in Palo Alto ‘returns high-quality work very promptly’. Other prestigious clients include Capital One Financial, Citibank, Lexis-Nexis and Visa.

Recommended for ‘quality services and clear opinions’, WilmerHale’s Washington DC communications, privacy and internet law practice is led by Jonathan Nuechterlein. Attorneys represent e-commerce operators, communications and media companies, financial institutions, health care providers and retailers in regulatory and enforcement proceedings before the FCC and state and international agencies, handle high-stakes litigation, assist with complex transactions and advise on regulatory compliance. J Beckwith Burr, who has valuable FTC experience, is respected for her internet and online expertise. As well as providing ongoing advice to Facebook on children’s privacy issues, behavioral targeting and European investigations, she has been advising Google on requests for comments by the US government on data privacy and security, cybersecurity and children’s online privacy protection. Burr is assisting The Walt Disney Company with due diligence in connection with multiple interactive service acquisitions. Samir Jain and Heather Zachary assisted Windstream in drafting disclosures concerning its privacy and network practices as required by the FCC’s net neutrality rules. Jain is representing Facebook and others in the Supreme Court case First American v Edwards. David Medine’s clients include online businesses, global retailers, and financial services. Benjamin Powell’s government and in-house experience enables him to advise global corporations on critical information security issues, investigations and crisis management.

Baker & McKenzie’s clients appreciate attorneys’ ‘professional expertise’ and ‘practical approach to balancing risk and reward’. Led by Brian Hengesbaugh in Chicago and Lothar Determann in Palo Alto, the firm’s global platform and resources enable the group to handle major cross-border mandates, advise global corporates on complex privacy and information management, provide transactional support and deal with multi-jurisdictional security breaches. Hengesbaugh’s ‘high level of up-to-date knowledge’ supports his superb market reputation for handling cross-border data transfers, breach notification obligations, e-monitoring, e-discovery and consumer protection. He undertakes sourcing and corporate transactions, global database and technology implementations, as well as privacy-related litigation and government investigations. Determann, who is recommended for his ‘focused responses and practical, business-savvy advice’, handles registration of US-based multinational companies for the EU-US Data Privacy Safe Harbor and related data protection and security compliance. In Chicago, Michael Mensik specializes in outsourcing and data protection; David Clanton handles FTC matters; Peter George advises on social media mapping; and Cynthia Jackson advises on employee whistle-blower hotlines. Pia Flanagan in New York provides ongoing advice to True Value Company on its HIPAA privacy and security requirements. A prestigious client list features Bank of America, Nike, Priceline.com, Qualcomm, VMWare and Yelp!.

Foley & Lardner LLP’s well-respected Andrew Serwin in San Diego, chair of the practice and co-chair of the privacy litigation team, has a high profile in privacy and data security. ‘He literally wrote the book,’ comments one client. Clients appreciate the group’s ‘excellent service and terrific, responsive advisors’. Highlights included providing strategic advice to social gaming company Playdom, a subsidiary of Disney Enterprises, in a ground breaking matter before the FTC. Chanley Howell and his team in Jacksonville, Florida provide ongoing privacy and marketing advice to ADT/Tyco. Financial services represent a key specialism, with clients including Charles Schwab, TD Ameritrade and Barclays International. The practice has particular focus on the healthcare sector, with Serwin and Peter McLaughlin in Boston advising HCA and CVS Caremark. Serwin is also representing WellPoint, a Fortune 35 health insurer, in consolidated class actions. Other key clients include Wolters Kluwer, Yahoo! and Facebook, cloud computing company Carbonite and Fortune 50 utility company Exelon.

The ‘outstanding’ Washington DC-based privacy practice of Kelley Drye & Warren LLPmaintains good relationships with regulators’. Operating at the intersection between advertising and consumer protection, the practice advises blue-chip companies in highly-scrutinized industries, including consumer products and retail, internet, technology and mobile services, telecommunications, hospitality and financial services. ‘Responsive, practical’ Dana Rosenfeld, former assistant director at the FTC’s Bureau of Consumer Protection, former FTC staff Jodie Bernstein and William MacLeod reinforce the group’s expertise in government enforcement and compliance matters, FTC investigations and privacy and data security litigation. Rosenfeld and Alysa Hutnik are recommended for providing ‘excellent, fast, efficient advice’ to mobile app and game developers regarding data that is collected deliberately and unintentionally. The group saw an increase in contentious work and the merger with White O’Connor Fink & Brenner LLP expanded its capabilities in California. John Heitmann represents telecoms and broadband service providers. Gonzalo Mon advises on social media, mobile marketing, and behavioral advertising. Clients include DISH Network, Pre-Paid Legal Services, Telstra, FPL Fibernet and Fiberlight.

Loeb & Loeb LLP’s multi-jurisdictional practice combines the international expertise of group head and recently promoted partner Ieuan Jolly, with the firm’s strength in technology and communications law, outsourcing and interactive media. Clients recommend Jolly as ‘quick and responsive with a good business sense’ and appreciate his ‘excellent knowledge base’. The practice is heavily involved in optimizing data on interactive and mobile platforms, developing global privacy compliance strategies and addressing technology and data security issues. Highlights included advising telecommunications, cable and network clients on behavioral advertising, targeted and location-based marketing initiatives and interactive television. The group is assisting payment providers with reciprocal deals for behavioral advertising and advising clients launching cutting-edge applications across emerging media platforms, establishing global privacy frameworks and creating international privacy and information security programs. The group advises technology and other clients on privacy compliance strategies around the use of enterprise-wide data analytics, customer transactional data and database development and targeting. Regulatory compliance work includes advising financial services, leisure and communication clients on domestic, international and cross-border data flows, multi-jurisdictional privacy audits and information security programs. Key clients include Clear Channel, L’Oréal, Facebook, Visa, Citibank, Godiva and Comcast.

McDermott Will & Emery LLP’s group led by ‘great client counselor’ Daniel Gottlieb in Chicago, who is recommended for his ‘excellent technical knowledge’. Supported by a strong national and global footprint and recognized for its leading expertise in healthcare, the group advises on HIPAA and HITECH act matters and assists clients with managing sensitive data and mitigating risks involving stored information, data transfers and data breaches. The ‘smart, responsive and client-oriented’ Heather Egan Sussman in Boston ‘is willing to go the extra mile’, drawing on the firm’s strength in employment, healthcare and intellectual property. Online commerce and behavioral advertising are key focus areas, and in 2011, the group saw an increase in international and cross-jurisdictional instructions. Stephen Bernstein advised Cardinal health on its binding corporate rules approval. Bernadette Broccolo provides ‘astute guidance on complex matters in an efficient and convincing manner’. Jorge Arciniega in Los Angeles advises Univision on data security, consumer protection and e-commerce.

Sidley Austin LLP’s international inter-disciplinary team draws support from lawyers across the firm. In the US, it has particular strength in the telecoms, financial services and healthcare sectors. Supported by a strong technology practice, the group is recognized for its data security, data breach and e-discovery expertise focusing on cyber security, cloud computing and social media. Practice head Alan Charles Raul in Washington DC represents companies responding to FTC and other investigations and advising on public policy matters. Raul and Edward McNicholas, commended for his ‘deep knowledge of privacy and information security’, submitted comments, on behalf of AT&T, to the FTC, FCC and Commerce Department in connection with policymaking and regulatory proposals and is preparing further submissions to the FTC on proposals under the COPPA. In 2011, the group filed an amicus brief in the US Supreme Court for Business Roundtable, an association of chief executive officers of leading US companies, in support of AT&T in FCC v AT&T. The team represented AT&T in cases concerning terrorist surveillance programs and in class actions over Carrier IQ’s smartphone diagnostic software. Anna Spencer, who ‘asks tough questions and provides, concise legal arguments’, represents CAQH CORE, an association of health plans, providers and clearing houses, on developing rules for the electronic exchange of health information. John Van De Weert advises on financial privacy. Former Congressman Rick Boucher advises on congressional and strategic policy and provides regulatory guidance.

Venable LLP’s 20-attorney team in Washington DC and Tysons Corner advises on traditional privacy and data security issues as well as emerging issues, notably online targeted and behavioral advertising. Supported by the firm’s strong marketing, advertising and technology practices, attorneys advise on issues arising from privacy statutes and handle regulatory engagements across healthcare, telecoms, technology and financial services, regularly defending companies in FTC enforcement actions, litigating privacy issues and occasionally challenging agency regulations. Practice head Stuart Ingis, described as ‘the best privacy attorney in DC if not the US’, represented Turner Broadcasting Service in a lawsuit regarding the collection and use of data in online behavioral advertising. The ‘knowledgeable’ Emilio Cividanes is ‘a pleasure to work with’, and according to one client, ‘he cares about my company and understands its goals’. Ingis and Cividanes advised the Coalition of Association of National Advertisers, the Direct Marketing Association, American Association of Advertising Agencies, the Council of Better Business Bureaus, and the Interactive Advertising Bureau on privacy principles for online behavioral advertising. On the contentious side, Douglas Emhoff in Los Angeles and Kostas Katsiris in New York, who joined from Howrey LLP, successfully defended CNN/Turner in a putative class action. High-profile clients include Reed Elsevier, Time Warner and Experian.

At niche financial services firm BuckleySandler LLP, the practice, led by Donna Wilson in Los Angeles and Margo Tank in Washington DC, provides ‘high-quality, prompt services’ which include counseling, risk mitigation, regulatory enforcement and litigation. Clients appreciate James Shreve’s ‘depth of knowledge of financial regulation, banking regulators and privacy law’. Wilson successfully defended New York & Company in a putative class action alleging violations of consumer privacy under state statutory and common law and Samuel Buffone is defending two Google executives in a data privacy case in Milan. High-profile clients include Ralph Lauren, RBS Citizens and Putnam Investments.

Cooley LLP’s 40-lawyer interdisciplinary privacy group was boosted by practice co-head Susan Lyon in Seattle, who joined from Perkins Coie LLP. A former in-house privacy attorney at Microsoft, Lyon represents mobile, social networking and cloud computing clients in FTC investigations regarding CAN-SPAM, the FTC Act and the COPPA, investigations by state agencies into data security breaches; and advises HTC, Flurry and Coinstar on class action consumer protection lawsuits, mobile advertising, geo-location and analytics and criminal subpoena investigations. Healthcare regulation specialist Drew Gantt in Washington DC, who joined from Latham & Watkins LLP, advises Comcast, Time Warner Cable and Rotech Healthcare. On the contentious side, Michael Rhodes in San Francisco represented Facebook, Google and YouTube in privacy class actions.

At media, advertising and marketing boutique Davis & Gilbert LLP, Richard Eisert, who is ‘good at identifying subtle but decisive nuances’, advises publishers, agencies, advertisers and ISPs on FTC issues as well as the self-regulatory principles for online behavioral advertising. Flash cookies and tracking technologies are key concerns. The ‘brilliant, responsive, thorough’ Gary Kibel negotiated a collaboration between Kantar Media and Nielsen Media to include data collected from the set top boxes of DirecTV subscribers in Nielsen’s US marketing television reporting. Clients include, Take 2 Interactive/Rockstar Games and GroupM. Specific Media/MySpace is a new client.

Debevoise & Plimpton’s cross-border, interdisciplinary team provides regulatory counseling in the US and Europe, defends government enforcement actions and supports financial services transactions. Data sharing, data breaches, regulatory investigations and internal data policies are key specialisms. The group has particular strength in publishing, with Bruce Keller and his team representing members of the Association of American Publishers, achieving an unprecedented settlement in connection with the Google Library Project. Keller handled the litigation element of the case and Jeffrey Cunard led the settlement negotiations. Jeffrey Jacobson is representing ABC, ESPN, Hulu, MTV Networks, Myspace and NBC Universal in a consumer fraud and electronic privacy putative class action relating to zombie cookies. Andrew Ceresney is assisting a US bank with an internal investigation relating to the loss of back-up tapes. Satish Kini is advising a consulting firm on a series of data breaches. Colby Smith is advising on a multijurisdictional investigation by US authorities of a large European oil and gas company. Clients include John Wiley & Sons, The McGraw-Hill Companies, Pearson Education, Penguin Group (USA), Simon & Schuster and Siemens.

Edwards Wildman Palmer LLP’s multi-disciplinary privacy and data protection group was strengthened by the October 2011 merger that created the firm and added offices in Chicago and Los Angeles. Services include an on-call breach response. Led by Mark Schreiber in Boston, Theodore Augustinos in Hartford and Laurie Kamaiko in New York, and strengthened by Thomas Smedinghoff in Chicago, it advises multinational corporates, major retailers, financial institutions and data processing entities on multinational data protection protocols and data breach responses.

Fulbright & Jaworski LLP’s 65-attorney e-discovery and information management practice group lost former co-chair Robert Owen to Sutherland Asbill & Brennan LLP. The group, chaired by David Kessler in New York and litigator M Scott Incerto in Austin, advises global organizations involved in complex litigation, and has particular strength in e-discovery and managing electronically stored information. Advice covers compliance with financial services and healthcare regulations and privacy and security issues associated with the collection and use of medical records and other consumer and employee information. Security breaches, data leaks and identity theft are other areas of expertise.

Gibson Dunn focuses on litigation with group co-chair Ashlie Beringer in Palo Alto obtaining a landmark ruling for Specific Media dismissing a “flash cookies” class action that has substantially influenced subsequent cases. Together with Sean Royall in Dallas, she successfully represented Facebook in a FTC investigation and enforcement action. Debra Wong Yang in Los Angeles undertakes litigation, counseling and regulatory work. Alexander Southwell in New York counseled Marriott International on privacy and email marketing issues related to corporate transactions and on updating worldwide privacy policies and practices.

Jones Day’s interdisciplinary practice leverages the firm’s international footprint, advising multinationals on global data compliance. This involves conducting assessments, identifying compliance gaps and suggesting appropriate solutions. Kevin Lyles in Columbus and Mauricio Paez in New York lead a 17-partner group that added Veronica McGregor in San Francisco from Perkins Coie LLP, and former US attorney Karen Hewitt in San Diego. Lyles, whose ‘breadth of practice is particularly helpful’, advises healthcare clients on HITECH Act compliance notably in connection with cloud services and data breaches. Recent mandates include transactional support, including M&A and outsourcing, particularly involving cloud services. Paez advised Nissan on its strategic relationship with Microsoft to develop a next-generation dealer management platform and assisted energy companies including mining operator Cliffs Natural Resources on cloud-based Smart Grid platforms. Contentious work included handling numerous privacy cases for Experian, and representing Visa in an action regarding encrypted data.

Latham & Watkins LLP’s multidisciplinary practice is led by Jennifer Archie and Kevin Boyle in Washington DC. Boyle leads the security and privacy committee, which is responsible for the firm’s global information security and privacy compliance program across its 27 offices. The group counsels US and multinational clients regarding compliance with federal and state laws and regulations in the EU and other non-US jurisdictions, and advises EU companies setting up in the US and provides transactional support. Key issues include compliance programs, breach response and disclosure. Healthcare privacy is a key focus, with Boyle and his team assisting Hospital Corporation of America with a license and services agreement for a planned company-wide electronic health records system, including compliance with HIPAA and patient record privacy and security. Archie advises leading online brands on investigations, lawsuits, and compliance. Clients include Ashoka, Constant Contact, Sony Online Entertainment and USA Mobility.

Mayer Brown’s multi-disciplinary privacy practice is supported by the firm’s international footprint and specialist expertise. It is recommended as ‘a great team and very helpful’, focusing on financial services regulatory, intellectual property and technology outsourcing, transactional support and advising stand-alone clients on data protection, global data transfer and privacy. Work in 2011 focused on financial, healthcare, and education regulation, advising clients on establishing robust policies and procedures and coordinating international initiatives. In Washington DC, Jeffrey Taft advised Visa regarding the applicability of consumer protection, data privacy and telemarketing laws to its call centers. New York-based John Mancini defended clients in class actions, private lawsuits, and FTC investigations. Chicago-based Rebecca Eisner, who combines outsourcing and data privacy expertise, is advising Whirlpool on smart appliance products. Other high-profile clients include TD Ameritrade, Hill-Rom and Spokeo.com.

Pillsbury Winthrop Shaw Pittman LLP’s practice, led by the ‘responsive, knowledgeable’ Deborah Thoren-Peden in Los Angeles, advises multinational clients on data privacy, data collection and information management, including cross-border issues, data breaches and compliance, focusing on the healthcare sector and specialist financial services. Thoren-Peden is outside counsel to Blackhawk Network Services, the largest provider of third-party prepaid cards, advising on compliance with state, federal and international laws and regulations. Prepaid card program manager Netspend is another key client. E-discovery experts Wayne Matus in New York and David Stanton in Los Angeles are recommended for ‘thought leadership and continued commitment to value’. Matus is advising financial institutions regarding security and privacy incidents and representing a well-known Japanese company regarding identity theft and internet fraud. Catherine Meyer advises on financial privacy, and John Nicholson advises on global data protection and information security laws in relation to large sourcing transactions and data breaches. The team includes health information technology experts Gerry Hinkley and Allen Briskin in San Francisco and insurance litigator Rene Siemens in Los Angeles. Other clients include PETCO, Kimpton Hotels and San Francisco Bay Area Rapid Transit (BART).

Proskauer Rose LLP’s cross-departmental practice group is headed by Kristen Mathews, who is ‘particularly good an analyzing business and legal risks’. Commended for its ‘excellent response times, industry knowledge and team strength’, the group advises on compliance with state and federal laws and regulations, international laws such as the EU Privacy Directive, and industry standards. It assists with privacy and data security-related issues in M&A and online advertising transactions, global privacy projects, data security assessments and data breaches. An extensive litigation portfolio includes representing clients across the financial, retail, media and hospitality industries. The group successfully defended Bank of New York Mellon in a class action. Jeffrey Neuburger brings valuable technical expertise and an excellent market reputation.

Reed Smith LLP’s 14-partner data security, privacy and management group, led by Mark Melodia in Princeton, comprises attorneys based in seven US offices who advise on personal information breaches. The team frequently defends clients against class actions regarding customer information and data theft, and represents them in regulatory investigations. Recent mandates include defending Science Applications International Corporation (SAIC) in four putative class actions arising from the theft of medical information. Melodia and recently promoted partner Paul Bond successfully secured voluntary dismissals for E*TRADE, Skype and Philips Electronics in “flash cookie” privacy class actions. Non-contentious work focuses on regulatory compliance and advice on international company-wide policies. Bond and Christopher Cwalina regularly advise Verizon. Data transfer, e-discovery and social media issues are increasingly important. David Cohen in Pittsburgh, who joined from K&L Gates, heads the records and e-discovery group. Patrick Sweeney in Century City advises on privacy matters relating to computer games. Gina Cavalier left the firm to join King & Spalding LLP in Washington DC.

Supported by the firm’s strength in advertising and marketing, labor and employment, and healthcare and financial services, Liisa Thomas and her team at Winston & Strawn LLP represent major consumer brands, advertising agencies and consumer research companies. Thomas is ‘always available, simplifies complex legal issues and gives clear business advice’. The practice was boosted by the arrival of Anthony DiResta from Manatt, Phelps & Phillips, LLP, who advises on word of mouth and social media marketing and handles FTC investigations. Online privacy and mobile and interactive advertising are key focus areas and the group helps clients develop data protection programs under US laws, including Massachusetts law and the FTC Red Flag Rules and manage compliance audits and internal and external investigations. Clients include Merchandise Mart Properties and The Home Depot.


Technology: outsourcing

Index of tables

  1. Technology: outsourcing
  2. Leading lawyers

Leading lawyers

Mayer Brown’s 50-attorney practice is an acknowledged leader in this field, representing national and international clients in large-scale outsourcing mandates. Led by Daniel Masur in Washington DC, it covers information technology outsourcing (ITO) and business process outsourcing (BPO), including multi-sourcing, next generation strategic sourcing, renegotiations, disputes and terminations, as well as issues surrounding offshore providers, facilities management, spin-offs and divestitures. The practice is highly experienced in niche areas of sourcing, including facilities management, telecoms and privacy. The ‘proactive’ group’s size and international scope make it first choice for clients, who commend its ‘deep and broad industry knowledge’. Recent mandates reflect renewed interest in ITO, particularly application development, enterprise resource planning (ERP) implementation and cloud computing. Businesses are renegotiating and replacing outsourcing arrangements to reflect technology advances and promote business efficiency and agility. 2011 saw more disputes, often related to transition arrangements, performance being impacted by efforts to keep costs down and resistance to change. The group represents customers and suppliers. The ‘strategic, thoughtful and extremely well organizedRebecca Eisner and recently promoted partner Gregory Manter in Chicago represented mortgage industry BPO service provider CoreLogic in the sale of its 4,000-employee India captive to Cognizant and a seven-year framework BPO services agreement. In Washington DC, Masur and Linda Rhodes, who was recently elected partner, led a large team representing LightSquared in agreements associated with the first-ever wholesale nationwide satellite integrated 4G wireless broadband network which has been delayed due to issues involving interference with GPS devices. Brad Peterson assisted education publisher Houghton Mifflin Harcourt with outsourcing its IT infrastructure services and obtaining a new cloud-based platform for its next generation of digital products. Paul Roy and facilities management specialist Kevin Rang are ‘great negotiators, and know the market and the contracts inside and outDavid Hudanish in New York is also recommended for his ‘effective, organized contracting’. Other clients include TXU, Dow Chemical and VF Services.

Pillsbury Winthrop Shaw Pittman LLP’s 15-partner outsourcing practice, led by global sourcing head James Alberg in Washington DC, offers integrated legal and consulting services to clients in financial services, healthcare and retail. This unique service offering, which includes patented tools and methodologies, differentiates the firm in the market, as does the size and depth of its experienced, multi-disciplinary team, which has sufficient bandwidth to handle multiple big-ticket deals simultaneously and is recommended as ‘top notch for ITO’. Lawyers are commended as ‘responsive, professional with deep industry knowledge’. A prestigious client list includes nearly 30% of the Fortune Global 100. Work focuses on the customer side, guiding companies through the full outsourcing lifecycle, from strategy formulation and vendor analysis to negotiations and implementation. Joseph Kendall and John Barton specialise in healthcare. The group is particularly strong in the financial services sector, with clients including Hertz and Discover Financial. Aaron Oser and his team handle contract negotiations for American Express. Michael Murphy in San Francisco advises on ITO and data center services. Robert Zahler maintains a superb market reputation. Clients recommend ‘knowledgeable, persuasive and practical’ counsel John Nicholson.

Baker & McKenzie’s ‘competent, conscientious’ outsourcing practice is supported by the firm’s global presence and represents providers and customers. The practice group is recommended for its ability to ‘translate legal constructs and jargon from different countries into understandable, concise opinions’ and blends outsourcing expertise with other technology practices, such as data protection and privacy. Attorneys have an excellent market reputation for handling high-end, complex deals and win plaudits as ‘trusted partners who set a competitive standard in cutting-edge deals’. Practice head Michael Mensik in Chicago combines valuable expertise in outsourcing and data privacy and is valued as ‘a proficient adviser with a solid business understanding’. Peter George routinely counsels providers and users in domestic and multijurisdictional outsourcing and offshoring transactions covering managed IT services and ERP-related deals. Clients recommend him as ‘intelligent, reasonable, pleasant and highly skilled in negotiations’. In New York, Edward Hansen wins plaudits as ‘a pioneer in this space’, handling complex, business-critical technology outsourcing transactions. Lothar Determann in Palo Alto specializes in software licensing and IP relating to technology related transactions and contracts. A prestigious client list includes Estée Lauder, Cardinal Health and Hewlett-Packard. New client wins include Boston Scientific.

Gibson Dunn has built up a significant presence on the East and West Coast, with the combined strength of high-profile outsourcing attorneys William Peters in Los Angeles, Daniel Mummery in Palo Alto and Stephen Nordahl in New York. The ‘excellent, responsive’ group provides ‘sound, practical advice’ to a blue-chip corporate client base and leverages institutional relationships and strategic alliances in the US and Europe. A prestigious client list includes Symantec, Tyco International and Heineken. Instructions in 2011 included ITO and BPO with increased focus on cloud computing and M&A support for high-tech companies and global brands. Mummery assisted KPMG with outsourcing its entire IT infrastructure to IBM. Healthcare is a particular focus. Peters, who is recommended for his ‘ability to simplify complex issues and communicate effectively with his clients’, assisted UnitedHealth Group with series of transactions to implement a cloud-based computing environment for new products and services. Other work included advising an international hotel group on establishing a private cloud platform. Nordahl, whose ‘deep knowledge of outsourcing contracts brings considerable value’ to his clients, represents Johnson & Johnson and Omnicom.

Hunton & Williams LLP’s ‘well-regarded’ 40-lawyer national and international outsourcing group is headquartered in Richmond, Virginia, with support in Washington DC, Dallas, New York and London and is integrated with the firm’s technology and privacy practices and its center for information policy leadership. Attorneys handle highly complex, large-scale transactions across multiple sectors with particular strength in retail, financial services and healthcare and are recommended for ‘really understanding business processes and technology’. In Richmond, Randall Parks, co-chair of the global technology and outsourcing practice group, specializes in BPOs, ITOs, licensing, systems acquisition and joint ventures. Jeffrey Harvey led a team assisting automotive parts manufacturer Dana Holding Corporation with a series of incremental SAP integration transactions to cover its global operations, including multiple disaster recovery systems and operations support transactions. Karen Sanzaro, represented Baylor Health Care System in the development and cloud-based outsourcing of a health information exchange to allow for the sharing of medical records. Former co-chair James Harvey joined Alston & Bird LLP. The group benefits from strong relationships with major sourcing consultancies TPI, KPMG, EquaTerra, Alsbridge and Everest Group as well as providers Accenture, IBM, Hewlett-Packard, Fujitsu, Cognizant, Infosys and Genpact. An impressive client list includes The ServiceMaster Company, Hartford Fire Insurance Company, WNS Global and Smithfield Foods.

Kirkland & Ellis LLP’s 50-lawyer practice advises customers and service providers on procurement initiatives, multi-tower and multi-provider deals, and ITO and BPO initiatives that use outsourcing as a platform for strategic development and growth. Clients appreciate the group’s ‘excellent service levels’ and attorneys’ ‘good, knowledgeable, impartial advice’. Practice head Gregg Kirchhoefer in Chicago is advising a financial services/insurance company on a $3.5bn initiative to transform the customer experience. ‘Excellent relationship managerNeil Hirshman guided National Grid through seven IT transactions in a multi-tower, multi-vendor transformational outsourcing involving negotiations with some of the largest and most sophisticated service providers. Stephen Johnson in California and Matthew Lovell in Chicago combine intellectual property and outsourcing expertise. The firm’s international footprint supports global deals for Allstate, National Grid, XChanging, CIGNA, Kellogg and Lawson.

Latham & Watkins LLP handles big-ticket outsourcing and network deals. In addition to work in ITO, the group assists clients with specialist BPO, such as asset and fund management outsourcing, finance and accounting, tax compliance, medical records, human resources and assisted business transformation. The group’s strength is underpinned by the firm’s global platform and resources which enable it to handle large-scale, multinational deals supported by expertise in related practice areas, notably intellectual property and advanced technology tools. Attorneys are commended as ‘flexible and client focused’. ‘Strong and pragmatic drafter and negotiator’ JD Marple in Silicon Valley represents service providers and customers in the life sciences, technology and transportation sectors, notably assisting Continental with a multi-tower deal with now HP that covers the majority of its outsourced IT operations and follow-on deals including the acquisition of fare-search services. Allen Klein and his Washington DC team impress clients in the technology, pharmaceuticals, financial services and health sectors. Together with Jeremiah Wolsk, who advised Barclays on a recruitment process outsourcing with Resource Solutions, Klein advised Hospira on IT infrastructure outsourcing to Wipro. Former global practice chair Marcelo Halpern left to join Perkins Coie LLP.

Loeb & Loeb LLP’s ‘excellent’ five-partner outsourcing practice is led by Kenneth Adler, Akiba Stern and Steve Semerdjian. Recent instructions focused on software as a service (SaaS), cloud computing, application development and maintenance, benefits, finance and accounting, broker-dealer, treasury, facilities management and asset management outsourcings for global and national companies. The ‘superb, knowledgeable and highly practical’ Adler represented Société Générale in outsourcing of its North American securities processing systems and back-office business processes for the global investment bank’s US broker-dealer. Clients consider Stern’s ‘knowledge and understanding of all of the issues and nuances involved is especially valuable’. Recent mandates include advising Guardian Life on a SaaS outsourcing agreement for human resources functions and the scanning and indexing of dental claims records and specimens. Other clients include Citigroup, IMG Worldwide and Phoenix Life Insurance.

Chris Ford in Washington DC heads Morrison & Foerster LLP’s global outsourcing practice, which advises clients on joint ventures and telecommunications and licensing transactions, ERP and systems integration and is recognized for its ‘specialized expertise in the technology offshoring space’. Ford and of counsel Scott Stevenson, recommended as ‘exceptionally helpful and responsive’ and ‘articulate, astute negotiators’ represented National Railroad Passenger Corporation (Amtrak) in the $420m outsourcing of its IT platform to IBM and AT&T. Thomas Knox in McLean represented a major pharmaceutical client. In New York, John Delaney, who combines outsourcing, data privacy and IP expertise, and Vivian Hanson represented Warner Brothers Music in a series of outsourcing transactions. Clients commend the team as ‘nice people, immediately responsive, with excellent business/legal acumen’. Hanson is recognized for her expertise in complex, large-scale transactions and regularly handles outsourcing deals for major clients in Japan. Julian Millstein, who retired from full-time practice, provides neutral mediation and arbitration services. On the West Coast, Russell Weiss in Los Angeles represented MediConnect Global which is providing outsourced services to WellPoint in relation to the design, development, and maintenance of an online medical record retrieval system, online workflow management system, and related functionality. Other key clients include NYK LINE, Moody’s and Dow Jones.

Supported by a broad-based transactional practice, Baker Botts L.L.P.’s clients rate it ‘a thick cut above the rest’ for hybrid, multi-faceted transactions. Dallas-based John Martin, chair of the firm’s technology sector committee, leads the team. Work focuses on BPO, IT, applications development and management, and systems integration transactions. Brian Henchey is recommended as a ‘bright and tireless worker, extremely practical, offering solutions and alternatives instead of canned advice or warnings’. Martin and Henchey are representing a global IT provider, negotiating a $1.4bn extension to a long-term services agreement for company-wide IT support and management services transformation for a US healthcare and hospital services organization. Jordan Herman in Austin wins plaudits for his ‘good business acumen, ability to focus on the key deal elements, and complete subject matter expertise’. Clients include service providers Accenture, Alcatel, Cisco, CSC and Dell and customers in utilities, life sciences and financial services. The group also works closely with leading consulting companies including TPI, EquaTerra, Gartner, The Everest Group, UtiliPoint and Compass.

DLA Piper LLP’s outsourcing group, led by Vincent Sanchez in Chicago, who chairs the US technology, sourcing and commercial practice, includes Mark Radcliffe in Palo Alto. Supported by the firm’s global footprint and strength in technology transactions, and its investment in developing client-facing software applications, the group is recommended for its ‘tremendous breadth and depth’, representing high-profile clients in financial services, healthcare and hospitality. Sanchez and his team recently represented a global financial services company in the $100m outsourcing of the design, build, implementation and hosting of a commercial lending platform for its North America operations. 2011 saw a revival in onshoring and the increased popularity of cloud computing focused attention on data security and protection. Clients include BP, Groupon, Hyatt, Marriott, Medicis Pharmaceutical, Novelis, Red Hat and RBS.

Foley & Lardner LLP’s ‘responsive, knowledgeable’ information technology and outsourcing practice, led by Jim Kalyvas in Los Angeles, comprises 47 attorneys in seven offices. Drawing on the firm’s strengths in intellectual property, technology and data protection, it handles a combination of big-ticket and mid-market deals. According to clients ‘the service is top of the line: experienced, trustworthy, knowledgeable, and pays for itself’. Kalyvas, who is recommended for ‘establishing innovative fee alternatives’, advised InterHealth on outsourcing performance assessment and renegotiating and restructuring an end-of-term outsourcing relationship covering infrastructure and core business applications supporting the company’s care giving activities. Richard Seiden wins praise as ‘a strong transactional lawyer with exceptional business acumen’. Richard Rifenbarkbrings practical perspective to complex issues’. ‘Phenomenal litigatorTami Smasondoes a fine job of managing expectations’. Michael Overly, who advises Charles Schwab, is singled out for praise. Key clients include 24-Hour Fitness, ADT/Tyco, BJ’s Wholesale Club, Bradley Corporation, Exelon, TD Ameritrade and Union Bank.

Jones Day concentrates its efforts on customer side work, having lost David Guedry and Jason Krieser to K&L Gates. Kevin Lyles in Columbus and Mauricio Paez in New York co-chair the US practice, which handles big-ticket and mid-market deals covering ITO and BPO, facilities, logistics and inventory management for clients in the banking, retail, telecoms, utilities and healthcare industries in the US and internationally, frequently advising the firm’s existing client base on complex transactions. As well as handling outsourcing arrangements for Sprint Nextel Corporation, Paez undertakes energy-related outsourcing transactions, notably advising Xcel Energy on the establishment of a cloud-based database infrastructure for two-way Smart meters. 2011 saw a sharp focus on healthcare outsourcing, driven by the Affordable Care Act. Clients include the Yale New Haven Health System and the City of Hope National Medical Centre in Los Angeles. Other key clients include Oklahoma Gas & Electric, CenterPoint Energy and Encore Energy.

Morgan Lewis’ outsourcing team is led by Barbara Melby in Philadelphia, who is respected throughout the market. 2011 saw an increase in instructions from financial services and healthcare organizations. Work focused on transformational deals and strategic outsourcing with an emphasis on data analytics web-based and mobile solutions and the implications for privacy, security and risk management. With ten offices globally, the group has a prominent international practice that has excellent connections with providers and consultants. Michael Pillion represented Comcast in multiple ITO transactions including a five-year infrastructure operations outsourcing and license agreement with IPsoft, and five-year application development, testing and maintenance agreements with Tata America and Cognizant. In the healthcare sector, Pillion assisted Independence Blue Cross in a series of Indian offshore software application development and maintenance outsourcing transactions. Melby and of counsel Vito Petretti represented Shire Pharmaceuticals in multiple ITO transactions including a five-year network outsourcing transaction with BT Americas, a new multi-year transaction with India-based provider HCL covering global data center operations, network management, application hosting and support, and onsite end-user support. Other clients include AllianceBernstein, ConvaTec, Eli Lilly and Starwood Hotels.

At Venable LLP, the ‘experienced, knowledgeable and responsive’ William Russell and James Nelson in New York, complement Nora Garrote and A J Zottola in Washington DC, who combine intellectual property and technology expertise. Clients appreciate Zottola’s ‘excellent domain knowledge; he has good judgment and common sense and his even temperament allows for a collaborative effort’. As well as representing longstanding client GE, recent instructions included representing Jones Lang LaSalle Americas in a multi-year agreement for facilities management and maintenance, project management and lease administration. The group has particular strength in BPO, ITO and procurement in the healthcare and energy sectors with a particular focus on cloud services. A prestigious client list includes Verizon and Accenture. Anthony Saur from DLA Piper LLP and senior associate Michelle Gross from Loeb & Loeb LLP strengthened the team.

White & Case LLP advises major clients on strategic global sourcing and complex, large-scale infrastructure transactions. Led by well-known outsourcing expert Trevor Nagel, the Washington DC group features Robert Hasty and Lee Van Blerkom, and complements the global practices of Adam Chernichaw and Daren Orzechowski in New York. Nagel’s longstanding clients include Chevron. Together with Van Blerkom, he advised Coca-Cola Enterprises on dismantling a complex pan-Atlantic outsourcing transaction following The Coca-Cola Company’s purchase of the North American operations of Coca-Cola Enterprises. Orzechowski is assisting salesforce.com with a license and strategic alliance agreement with Dun & Bradstreet for a new data-as-a-service offering. Other clients include Best Buy and Commonwealth Bank of Australia.

Nigel Howard’s two-partner outsourcing practice at Covington & Burling LLP in New York is commended for ‘technical expertise, work quality, industry acumen, responsiveness and cost management’, and is supported by the firm’s prowess in life sciences, transportation, broadcasting and media, and sports. Howard has a particular specialism in assisting airline industry clients with mission-critical outsourcing arrangements, notably representing American Airlines in contract negotiations for an IT system and related services with Google. Outsourcing to the cloud is a major issue. The group has been involved in new developments in technology and outsourcing in the life sciences industries, including outcome data research and analytics, compliance and persistence program management, third party logistics, and offshore clinical trials. In the healthcare industry, the group negotiated contracts for outsourced electronic medical records systems. New clients in 2011 include Reliance Industries.

Dentons advises on national and international strategic sourcing transactions, including ITO, HRO, BPR, BPO, facilities management, SaaS, infrastructure-as-a-service, platform-as-a-service, and cloud computing. The team, led by Victor Boyajian in New York and Natalie Spears in Chicago, focuses almost exclusively on the customer side, representing companies in all the firm’s key industry sectors. Rosemary Gullikson and Lisa Weiss, who is ‘excellent on all counts’, advised Sony Music Entertainment on the outsourcing of its royalty processing functions. John Funk in Dallas, who is recognized by peers and clients, represented W G Grace & Company in a multi-year global outsourcing agreement with IBM for strategic sourcing services. Spirit AeroSystems is another key client. The well-respected Ross Docksey is advising a major retailer in on outsourcing responsibility for designing, building, and operating a central fill pharmacy facility and representing Rytec Corporation in several outsourcing negotiations.

Hogan Lovells US LLP’s US practice is supported by the firm’s global outsourcing group and regulatory strength, and represents customers and vendors in multijurisdictional and cross-border mandates. Practice group head Philip Porter in McLean assisted the Air Transport Association with outsourcing to iGate Patni the development and hosting of an online marketplace for surplus aircraft parts. A prestigious client list includes Chiquita Brands, Constellation Energy Group, Ford Motor Company News Corporation and Novartis.

Clients recommend Kaye Scholer LLP’s practice group head William Tanenbaum in New York for ‘understanding and developing the business and technology interrelationship’. He ‘draws on a truly impressive array of technology law expertise, creativity, high integrity and common sense, and he gets parties to closure’. The firm’s strength in financial services and defense gives it valuable expertise in managing outsourcing transactions in heavily regulated industries. Cloud computing, virtualization and data analytics in the context of big data are key specialisms along with energy efficiency and cleantech. In 2011, the group focused on public sector outsourcing, with recent mandates from the New York City Housing Authority and Washington State. The firm also saw an increase in work with mid-sized vendors in India offering knowledge process. Private sector clients include Novartis, CLS Bank and Axa Financial.

Kelley Drye & Warren LLP is recommended for its ‘consistently high-quality advice’ to vendors and their clients. The practice is supported by the firm’s strength in financial services, healthcare, life sciences and telecoms. It is especially strong in offshoring, benefiting from an affiliate office in India, which enables it to advise on any outsourcing transaction involving India-based resources or assets. On the provider side, the group represented Accenture in telecoms deals ranging from the provisioning of landlines to application development, maintenance and infrastructure deals. Practice head W Michael Ryan in Chicago represented real estate developer Gale International in its negotiations with Cisco Systems related to the formation of a joint venture for the provision of technology services and equipment into one of the largest city-scale real estate developments in Asia. Other deals involved renegotiating existing outsourcing deals and updating IT, with a particular focus on cloud computing. Clients range from large multi-national corporations to early-stage companies looking to commercialize cutting-edge technologies and business practices, and cut cross numerous industry sectors, including banking, insurance, healthcare, telecoms and IT.

Kilpatrick Townsend & Stockton’s outsourcing practice, headed by James Steinberg in Atlanta, advises national and international clients in the telecoms, financial, healthcare and technology industry. Although provider work included representing AT&T, the practice work focuses on the customer side. The group’s ‘exceptionally fast and capable’ attorneys guide companies through the entire sourcing process, advising on the renegotiation, restructuring or termination of existing outsourced arrangements, in-sourcing or re-sourcing previously outsourced functions, monitoring compliance and enforcing contractual commitments. James Paine and Joshua Ganz advised a global beauty company on the multi-phased outsourcing of its North American supply chain and logistics solution, and represented a private sports retailer in negotiations to license, implement and support an Oracle enterprise merchandise management system. Wayne Elowe represented Neusoft Corporation, the largest outsourcing service provider in China. Atlanta managing partner and ‘superior attorney’ Wab Kadaba is singled out for praise.

Orrick, Herrington & Sutcliffe LLP advises companies of all sizes from high-growth start-ups to Fortune 500 corporations, and handles public and private sector outsourcing transactions on the client and vendor side. Stephanie Sharron in Menlo Park represents the Administrative Office of the Courts in the outsourcing of strategic IT development for California state trial courts. Sharron collaborated with the firm’s Paris office, representing mobile banking and payment provider Obopay in a strategic IT and managed services transaction with Société Générale.

Paul Hastings LLP’s strategic outsourcing practice is recommended for its ‘excellent level of service, with particular emphasis on industry knowledge and commercial acumen’. Supported by the firm’s corporate and IP strength, attorneys advise on all aspects of large-scale BPO and ITO transactions, ASP arrangements, systems integration and voice and data network procurements. David Klein in New York ‘has a good understanding of the intricacies particularly of software-related contracts and disputes’. Klein represents customers and providers, recently advising Citco Fund Services in connection with a master outsourcing agreement with MAN Group. He also assists clients with insourcing and terminating existing outsourcing agreements.

Proskauer Rose LLP’s ‘knowledgeable, responsive’ team represents customers and vendors in evaluating, structuring, negotiating and managing projects ranging from single-sourced to complex, competitively-bid outsourcing transactions. Jeffrey Neuburger’s strong technology background supports his work with clients in the media, advertising, technology and telecoms sectors involved in outsourcing transactions. Recent instructions include representing Time Warner Cable in outsourcing agreements with Microsoft, Cisco, JDA, SunGard, Adobe, and other major technology and services companies. Daryn Grossman is also recommended. Other clients include American Express, Arvato, Hearst Group, Insight Communications, Loehmann’s, Markit Group, Scholastic and Scripps.

Skadden, Arps, Slate, Meagher & Flom LLP represents vendors and customers in large complex outsourcing agreements, often supporting M&A transactions with IP and asset transfer elements. It represents large blue-chip companies, notably in the financial services industry through all stages of an outsourcing project. Outsourcing projects span all industry sectors, and include IT services, call centers, human resources functions, procurement and enterprise-wide business processes. Attorneys also assist with in-sourcing and the termination and renegotiation of existing outsourcing arrangements. The firm’s network of international offices supports its capacity to handle offshoring transactions involving providers in India and China. Stuart Levi, head of the global sourcing group, represented Citigroup in connection with providing fund administration outsourcing services to a global financial institution and Hexaware, an India-based outsourcing provider, in connection with outsourcing agreements in the healthcare industry. Rita Rodin Johnston and Jose Esteves focus on the IP aspects of complex outsourcing deals.

Sutherland Asbill & Brennan LLP’s outsourcing group, led by Scott Hobby in Atlanta is recommended as ‘client oriented, business savvy and the best anywhere on fees, value assessment and economic realities’. The 20-strong outsourcing team handles customer-side initiatives including BPO, ITO/infrastructure, ADM, software system acquisition, shared services, joint ventures and M&A support. 2011 saw companies shift their outsourcing strategy from large-scale, single provider deals to SaaS relationships, which are changing the customer-supplier relationship. John Miller, Charles Hollis and Sean Christy are recommended. The practice was strengthened by the arrival of Robert Jones from Accenture. Clients include Hilton Worldwide and Equifax.

Thompson & Knight LLP in Texas handles complex multi-process outsourcing transactions for energy, public utility/electric power, manufacturing and telecoms companies, retail businesses and banks. Houston-based Jeffrey Andrews and his team represented Consumers Energy in outsourcing agreements for applications development and maintenance services with five different vendors and acted for Salt River Project in structuring and negotiating a significant software license with SAP and a systems integration agreement with Accenture. The firm represents service providers and customers in large and mid-tier outsourcing transactions. Key clients include Oncor Electric Delivery Company and Southwest Airlines.

Winston & Strawn LLP’s outsourcing group is recommended for ‘timely, advice and value for money’. Glynna Christian in New York assisted a global financial services institution with refreshing multibillion-dollar, multi-vendor outsourcing arrangements across its technology platforms and with outsourcing its global procurement functions and core processing services. Christian recently advised a global hospitality company on a $250m IT infrastructure outsourcing. Eric Cowan handled a significant transaction in China involving third party rights to procure, aggregate, organize, license and distribute medical data.


Technology: transactions

Index of tables

  1. Technology: transactions
  2. Leading lawyers

Leading lawyers

Cooley LLP’s 26-attorney dedicated group, led by Adam Ruttenberg in Reston, focuses on complex IT-related transactions. It advises established software and hardware infrastructure vendors and companies offering products and services where intellectual property (IP) is a key value driver, and innovative start-ups, and ‘lives up to its excellent reputation’ in social networking, software-as-a-service (SaaS), consumer electronics, information services, semiconductor and cleantech. 2011 saw a resurgence in semiconductor work with Ruttenberg representing Crocus Technology in its patent license and co-development agreements with IBM that combine Crocus’s thermally-assisted magnetic logic unit MRAM technology with IBM’s magneto-resistive MRAM non-volatile memory technology and processing capabilities. Ruttenberg also advised Crowdrise on its alliance with the New York City Marathon and Fishbowl in its strategic partnership with OpenTable. In Washington DC, Joel Brenner’s security expertise is underpinned by his National Security Agency background. Peter Burns in Palo Alto advised The American Automobile Association of Northern California, Nevada, and Utah (AAA-NCNU) on its separation from the AAA-NCNU Insurance Exchange. Diane Savage represented Aliph in its negotiations to license Fullpower’s proprietary Motion X technology. Associates Mark Petry and Susan Lyon joined the team from Dentons and Perkins Coie LLP respectively. An impressive client list includes Adobe Systems, Applied Materials, eBay, Facebook, Skype, Salesforce.com, Viacom, Qualcomm, Synopsys, TiVo and Zenith.

Goodwin Procter LLP’s 160-lawyer team, co-chaired by John Egan and William Schnoor in Boston and Anthony McCusker in Silicon Valley – who win praise as ‘honest, smart, strategic, experienced, responsive, and creative’ – represents emerging technology companies, venture capital and private equity firms and investment banks. Big data, data security and business intelligence are key focus areas in the highly-regulated financial services and healthcare markets. Recommended as ‘absolutely the best’ and ‘more than legal support, it is a strategic partner’, the team continues to expand, hiring Richard Kline from Wilson Sonsini Goodrich & Rosati and promoting David Cappillo to partner. Highlights included representing security intelligence software provider Q1 Labs to IBM; advising Goldman Sachs as lead underwriter for software-as-a-service, e-commerce solution Demandware’s IPO; and acting for Vertica Systems in its sale to Hewlett-Packard.

Latham & Watkins LLP’s 45-lawyer team handles M&A, licensing deals and strategic transactions for vendors and customers, offering transactional and IP strength and industry expertise in high-tech, telecoms, pharmaceutical and life sciences. Cleantech is an expanding focus area. The group is supported by the firm’s international reach and East and West Coast expertise. Top life sciences attorney JD Marple assisted Eclipsys with renegotiating its outsourcing relationships with two major hospitals. Marple regularly represents Copart on IP and internet issues and recently assisted with negotiating a product concept and technology development relationship with Accenture. Los Angeles-based Roxanne Christ advises on the convergence between media and technology. In 2011 she acted on the year’s three largest music deals: counseling UBS, as lender to the winning bidder (a joint venture led by Sony/ATV Music Publishing) for the EMI music publishing catalogue; advising Spectrum Equity as seller of Bug Music to BMG Rights Management, a joint venture between Bertelsmann and KKR, for approximately $300m; and representing represented a private equity firm which bid – unsuccessfully – for Warner Music Group. Kevin Boyle and Allen Klein in Washington DC advised Ciena Corporation on transition services following its acquisition of Nortel’s Metro Ethernet Networks business. Marcelo Halpern left to join Perkins Coie LLP. Clients include ORC Software, Sony Online Entertainment, Harrahs’ Entertainment, MGM and Viasat.

Morrison & Foerster LLP combines IP and technology credentials with a strong international presence. With 50 lawyers in seven US offices, the technology transactions group has the bandwidth to handle multiple big-ticket deals. Clients rate attorneys as ‘outstanding, with great expertise, timeliness and good billing practices’. Tessa Schwartz in Los Angeles, Paul Jahn in San Francisco and Rufus Pichler in New York are representing Intel on its acquisition of Fulcrum Microsystems. Jahn and Pichler represented Hitachi in the $4.3bn sale of Hitachi Global Storage Technologies to Western Digital. Tessa Schwartz and William Schwartz, ‘a real expert on IP transactions and a trusted advisor’, represented Yahoo! in the sale of Delicious. ‘Outstanding’ litigator Michael Jacobs is ‘a strategic thinker and great resource’. John Delaney in New York, who has an excellent reputation for handling IP, outsourcing and hi-tech matters, is advising a major retailer on an online digital distribution platform for motion pictures and television shows. Chris Ford and Scott Stevenson in Washington DC are recommended. Laurie Hane moved in-house and Julian Millstein retired from full-time practice. Key clients include Warner Music Group, Time Warner Cable, Novell, Fujitsu, Moody’s and Technicolor.

With 40 attorneys including 12 partners dedicated to technology transactions, Wilson Sonsini Goodrich & Rosati in Silicon Valley leverages its technology and IP strength to advise clients ranging from early-stage start-ups to recognized industry leaders. The practice is respected for its specialist technology expertise, including semiconductors, hardware, software, communications, biotech and life sciences. Recent high-profile mandates include representing RealNetworks in the sale of several patents and its next-generation video codec software to Intel Corporation for $120m, acting for Taleo in its $1.9bn acquisition by Oracle, and advising Bazaarvoice on its $114m initial public offering (IPO). Palo Alto-based practice head Suzanne Bell handles complex, strategic transactions, notably for Google. She has particular expertise in software and licensing deals, particularly in the semiconductor space. Former network engineer Michael Murphy is recognized for his strength in patent litigation, and Kenneth Clark handles partnering and technology transactions in the biotechnology industry. Cleantech expert Todd Glass represents project developers, venture capital firms, and utilities in North America, Asia and Europe. Scott Anthony and Carmen Chang left to join Covington & Burling LLP in Silicon Valley. Clients include AOL, Apple, Hewlett-Packard, Pixar and Polycom.

Baker & McKenzie’s size, global reach and the strength of its prominent corporate practice wins it significant clients and mandates. Led by Michael Mensik, Samuel Kramer and Peter George in Chicago and Edward Hansen in New York, the US practice focuses on transformational transactions involving IT, business process outsourcing and systems acquisitions. The team ‘understands the key issues, balances the legal and business needs and has the resources to understand numerous issues and markets’. It represents vendors and customers involved in complex ERP and systems integration projects, custom software development, outsourcing, licensing and distribution agreements, representing Motorola Solutions in the spin-off of its mobile devices division and advising a global fast food franchise on its global ERP and database license agreements. Cloud computing and sectoral compliance are key issues. Clients recommend Kramer as ‘a clear and calm negotiator and a pleasure to work with’. Hansen is ‘an asset to the industry’. Lothar Determann in Palo Alto wins praise for his ‘focused, practical, business-savvy advice’ to multinational companies and start-ups. High-profile clients include The Estée Lauder Companies, Universal Music Group, Hewlett-Packard and Wells Fargo.

Baker Botts L.L.P.’s interdisciplinary technology transactions group supports technology businesses from initial strategic planning through to IPO. Attorneys are ‘thoughtful, smart and responsive’. Practice head and chair of the technology sector committee John Martin in Dallas represents buyers and sellers in big strategic deals, assisting CA Technologies with the $330m acquisition of Interactive TKO. Fredrick McGrath in New York represented Liberty Media in its $204m acquisition of 16.5% of the equity of Barnes & Noble. Clients recommend the ‘outstanding’ Jordan Herman in Austin, who ‘handles make or break issues, and always looks for win-win compromises’. Michael Bengtson and the ‘fantastic, solutions-oriented’ Brian Henchey are singled out for praise. Shalla Prichard and Hillary Holmes in Houston, Brian Lee in Palo Alto and Adam Haubenreich in Washington DC were promoted to partner. Major clients include Cisco, CSC, Dell, GENBAND, Perot Systems and Raytheon.

DLA Piper LLP’s team has ‘tremendous depth and breadth’, a prominent presence on the East and West Coasts and is recommended for ‘full-service legal work that integrates different practices’. Vincent Sanchez in Chicago, who chairs the US technology, sourcing and commercial practice, handles complex commercial transactions, and advises on the acquisition, divestiture, and licensing of technology products, and services. Recent mandates include assisting a major Silicon Valley firm with its open source strategy. The firm’s global reach allows it to handle complex cross-border and multijurisdictional transactions. The ‘excellent’ team continues to win big-ticket deals in financial services, pharmaceutical, hospitality and airline industries and is recognized for its ‘intellectual property knowledge’. Mark Radcliffe in Palo Alto provides strategic IP advice and expertise in cloud computing and social media. William Cook in Washington DC combines technology and telecoms expertise. In San Francisco, ‘true professional and domain expert’ Stacey Snowman advises a quasi-governmental entity. Beni Surpin joined the San Diego office from Sheppard, Mullin, Richter & Hampton LLP. The prestigious client list includes Pfizer, eBay, Qualcomm and Sony Corporation.

Fenwick & West LLP represents clients across the technology spectrum in financing, licensing and IP work and big-ticket M&A. Key focus areas include life sciences, cleantech, internet based business and social media, SaaS, gaming, software and hardware. Semiconductors and cleantech are important sources of work and the group is recognized for its e-discovery and IP expertise. Recent highlights include representing SuccessFactors in its $3.4bn acquisition by SAP America, and portable ultrasound manufacturer SonoSite in its $995m acquisition by Fujifilm Holdings. Although it lacks the international reach of some of its competitors, the M&A practice led by David Healey in Silicon Valley and Douglas Cogen in San Francisco frequently acts on high-profile technology deals, advising acquiring and target businesses. Michael Esquivel, Steven Levine, Hector Ribera, Saina Shamilov and Jennifer Stanley were promoted to partner. Lawrence Granetelli is also ‘very strong’. Life sciences licensing expert Jake Handy joined from DLA Piper LLP. An impressive client list includes Amazon.com, Apple, Cisco Systems, Electronic Arts, Facebook, Google, Hewlett-Packard, Netflix, Symantec and Twitter.

Clients appreciate Gibson Dunn’s ‘knowledge, responsiveness and sound, practical advice’. The group leverages the firm’s blue-chip corporate client base benefiting from its institutional relationships and strategic alliances in the US and Europe. Led by William Peters in Los Angeles, Daniel Mummery in Palo Alto, and Stephen Nordahl in New York, who ‘brings considerable value to negotiations’, it works closely with the IT and data privacy group, advising Marsh & McLennan, NetApp, Symantec and Tyco International on technology procurement, licensing and outsourcing transactions.

Sheppard, Mullin, Richter & Hampton LLP’s transactions group is led by Brian Pass, recommended as ‘responsive, smart, practical, business-oriented, able to build rapport with adversaries during negotiations and a good drafter’. Pass and his team handle prominent deals, providing ongoing advice to Yahoo! on its landmark search agreement with Microsoft; acting for Israeli toolbar designer Conduit in global search agreements with Microsoft and Google; assisting Freedom Communications with interactive agreements involving online advertising; and acting for Amazon.com negotiating online advertising and paid search agreements. Riaz Karamali in Silicon Valley focuses on M&A, licensing and technology transactions. Shaalu Mehra, who joined from Perkins Coie LLP, chairs the firm’s technology transactions and outsourcing practice groups, handles large-scale multinational transactions and outsourcing mandates for T-mobile and Intel and is recommended for his ‘technical knowledge and negotiating ability’. Craig Cardon is recommended.

Skadden, Arps, Slate, Meagher & Flom LLP handles IT and e-commerce transactions ranging from single license agreements to multiparty global outsourcing deals. IP and technology group co-head Stuart Levi’s industry background helps him to understand the underlying drivers of agreements and transactions Recent mandates include advising American Express on its participation in the Isis Mobile Wallet and Google Mobile Wallet platforms; Citigroup on strategic technology projects in the payment space; Citadel in a software and services license agreement with Northern Trust; and Groupon in licensing and technology matters. Jose Esteves specializes in IP monetization and finance, cleantech, pharma/biotechnology, and IT, internet and media. West Coast partner Kenton King represented Advantest Corporation in its $1.1bn acquisition of Verigy, and acted for Broadcom Corporation in its $3.7bn acquisition of NetLogic.

Venable LLP’s New York practice continued to expand, hiring partner Anthony Saur from DLA Piper LLP and senior associate Michelle Gross from Loeb & Loeb LLP, to join William Russell and James Nelson. The team advises vendors and customers on cloud computing, data privacy and security handling multiparty transactions in the healthcare, automotive and leisure sectors. Russell, who is recommended as ‘the best for complex commercial transactions’, represented GE Healthcare in establishing Intel-GE Care Innovations with Intel Corporation. A J Zottola in Washington DC, who wins praise for his ‘impressive expertise and fantastic analytic mind’, assisted Germany's largest car manufacturer with a long-term agreement with Hughes Telematics, with respect to the provision of a wide array of in-car telematic services. Nora Garrote, who advises on licensing, service agreements and IT outsourcing, wins praise for her ‘understanding of the key issues involved in technology transactions and extensive knowledge of technology contracts’.

Weil, Gotshal & Manges LLP’s five-partner IP and technology group in New York and Silicon Valley handles stand-alone technology and intellectual property transactions involving license, development, R&D, co-promotion and marketing agreements, internet and e-commerce arrangements, and IP acquisition and disposition for clients ranging from start-ups to Fortune 50 corporations. Attorneys collaborate with other practice groups, handling the IP and technology elements of big-ticket transactions for global clients including GE and Sanofi. New York-based practice head Michael Epstein wins the respect of the market. Jeffrey Osterman and Charan Sandhu in New York and Karen Ballack in Silicon Valley are singled out for praise. In May 2012, John Brockland joined from Dewey & LeBoeuf LLP.

Covington & Burling LLP’s 14-partner integrated technology transactions group, led by John Hurvitz in Washington DC, is recommended for its ‘technical expertise, work quality, industry acumen, responsiveness and cost management’. Attorneys handle big-ticket transactions including M&A, venture capital investments, public offerings, joint ventures, collaborations and licensing, distribution and outsourcing agreements, and internet and e-commerce matters, representing clients in life sciences, financial services, energy, cleantech, sports, media, software and technology, communications, transportation, manufacturing and retail. In Washington DC, Hurvitz represented King Pharmaceuticals in its $3.6bn purchase by Pfizer and Eli Lilly in the unwinding of its alliance with Amylin. New York-based Nigel Howard represented Microsoft in the $4.5bn winning bid in the highly-publicized auction of Nortel Networks’ 6,000 patents and patent applications. San Francisco-based Evan Cox and his team advised Microsoft on its $8.5bn acquisition of Skype from the investor group led by Silver Lake. Clients praise Kenneth Ebanks for his ‘great judgment; excellent sense of the business realities that drive deals and cool head under pressure’. Emily Leonard in Silicon Valley is rated as ‘outstanding’. In 2012 Scott Anthony and Carmen Chang joined the firm from Wilson Sonsini Goodrich & Rosati.

Supported by strong corporate, tax, finance, labor and litigation practices, Cravath, Swaine & Moore LLP’s 18-partner technology group, led by Scott Barshay, George Zobitz and George Schoen, assisted IBM with numerous acquisitions, notably the $380m acquisition of risk analytics business Algorithmics, and the acquisitions of security intelligence software provider Q1 Labs and intelligence analytics business i2. An impressive client list includes Gerber Scientific, Freescale Semiconductor, Qualcomm and Hewlett-Packard.

Gunderson Dettmer LLP represents emerging technology companies from initial start-up through to acquisition, merger or IPO. It represents venture capital funds investing in emerging technologies and assists with fund formation. In 2011, the team, led by Thomas Villeneuve in Silicon Valley, handled transactions worth over $4bn. Partners in four offices handle corporate, M&A, venture capital, private equity and IP matters. Glen Van Ligten and David Lee joined from Orrick, Herrington & Sutcliffe LLP. The team is recognized for its prowess in advising start-ups on licensing, strategic-partnering and early-stage transactional work. Villeneuve represented Automattic (Wordpress) in its co-marketing agreement with Federated Media. The group represented Tweetdeck in its $40m sale to Twitter; and BNI Video in its $99m sale to Cisco Systems. Name partner Scott Dettmer represented Clearwell in its $410m sale to Symantec. Brian Patterson was promoted to partner, however Anthony McCusker left to join Goodwin Procter LLP.

Jones Day combines specialist IP expertise with M&A prowess and impresses clients with ‘the quality of work product and delivery time’. With leading partners in Silicon Valley, San Diego, and New York, the group is recognized as a leading player in the technology space. In 2011, the group represented Procter & Gamble in its worldwide joint venture with Jerusalem-based Teva to create PGT Healthcare, and assisted sanofi-aventis with the $425m divestiture of its Dermik dermatology unit to Valeant Pharmaceuticals. Big-ticket technology deals included advising Alcatel-Lucent in the $1.5bn sale of its worldwide Genesys business to Permira. Thomas Briggs in San Diego and Warren Nachlis in New York have market-leading practices underpinned by specialist industry experience. Clients appreciate Nachlis’ ‘wonderful style that is user-friendly and responsive to the needs of the client without sacrificing integrity’. Other clients include Abbott, Attachmate/Novell, Bunge, Celgene, SanDisk, SAP and VIZIO.

McGuireWoods LLP’s 22-lawyer technology and outsourcing practice, led by Steve Gold and Scott Glickson in Chicago, brings together transactional and industry expertise, advising on procurement, licensing and application development and maintenance. A dedicated IP group focuses on software licensing. Outsourcing work focuses on the customer side, representing Fortune 100 corporations, government entities, nonprofit organizations, and emerging businesses. Recent mandates related to media and electronic publishing, outsourcing, managed services, open-sourcing and cloud computing, e-commerce and data privacy. Derek Roach advises on ERP integration, multinational software and information content licensing, and has particular expertise in electronic publishing. Former US attorney William Cook, who brings specialist expertise in data privacy and security, joined from Edwards Wildman Palmer LLP. Bradley Salmon moved to an in-house role.

Shearman & Sterling LLP’s technology group includes more than 30 attorneys on the East and West Coast. Clients include technology and software companies, venture-backed and privately held companies, investment banks and private equity funds. The group handles M&A and IP-related transactions and global project financing, joint ventures and cleantech. The firm leverages its global reach, organizing international teams to handles big-ticket cross-jurisdictional deals. In New York, Samuel Waxman represented Sony as part of the consortium that acquired Nortel’s patents and patent applications in a $4.5bn transaction. Steve Camahort in San Francisco advised Symphony Technology Group in transactions amounting to $764m and Vector Capital in its $125m acquisition of Trafficmaster. Together with Michael Dorf, Camahort advised global private equity firm Francisco Partners on Attachmate’s $2.2bn acquisition of Novell. Tina Patel left to move to an in-house role. Prominent clients include Advanced Technology Investment Company (ATIC), Visa and Vector Capital.

Sidley Austin LLP’s 46-lawyer technology transactions group focuses on capital markets, M&A, regulatory compliance and investment fund services, and has particular depth in IT procurement, outsourcing, digital media and life sciences. Other deals combine life sciences and technology. Practice head Jeffrey Rothstein in Chicago handles high-profile IP and IT transactions. Rothstein advised Monsanto on its crop gene collaboration with BASF, and acted for LG Life Sciences on a variety of drug candidate licenses with US-based companies, inbound to and outbound from Korea. ‘Exceptional lead negotiator’ Mark Kaufmann, and ‘excellent negotiator and scrivener’ ‘Jonathan Wagner represented OneAmerica Financial Partners in the outsourcing of its IT infrastructure and operations to Deutsche Telekom subsidiary T-Systems North America. A prestigious client list includes GE Healthcare, Iridium Communications and LG Life Sciences.

Clients appreciate ‘valued partnerAndrews Kurth LLP for ‘high service levels with responses and actions initiated with a sense of urgency’. The 32-attorney technology and emerging companies practice, led by Carmelo Gordian and Matthew Lyons, is based in Austin, Dallas and Houston. Gordian’s clients include life science, software, telecommunications, semiconductor and energy sector companies. Together with Lyons, who is ‘practical, responsive and is easy to work with’, and the ‘extremely talented’ Edward Gilman, he represented underwriters, Rodman and Renshaw in Hyperdynamics’ overnight shelf offering. Gordian and Alan Bickerstaff, described as ‘responsive, works the details and provides pragmatic guidance’, represented WhiteGlove Health in several transactions, including its $30m IPO. The group advises emerging companies, entrepreneurs, and venture capital and private equity firms, and leverages its strong ties with investors, funds, investment banks and financial institutions. Clients include Iroko Holdings, LDR Holding (LDR Spine), Spinal Restoration, and Cornerstone Healthcare Group.

Bracewell & Giuliani LLP’s ‘excellent’ technology practice focuses on high-tech and energy-related work, and was strengthened by the arrival of Benjamin Bernell from Akin Gump Strauss Hauer & Feld LLP. Edward Cavazos and Andrew Gajkowski in Austin represent the University of Texas at Austin Office of Technology Commercialization on corporate and technology licensing matters ranging from new venture formation to restructuring complex deals. The group handles energy and clean energy-related deals and matters involving software and video games. Cavazos and Gajkowski are advising Qcue, which provides a software-based dynamic ticket pricing solution. In Houston, Jeffrey Whittle represents Green Source Energy. Michael Samardzija advises sustainable materials technology company Simbol Materials.

Victor Boyajian in New York and Natalie Spears in Chicago lead Dentons’s practice, which represents emerging growth software and IT companies, multinational technology suppliers and venture capital firms and investment banks involved in technology transactions. Boyajian represented SAP, the largest maker of business applications software, in its planned acquisition of Right Hemisphere, which creates 3-D models of products and processes. Lisa Weiss advised Insider Guides, DBA myYearbook.com, on its $100m merger with Quepasa Corporation. Other clients include Nokia, Velocity Technology Solutions and Zarlink Semiconductor

Fulbright & Jaworski LLP in Texas advises new and established businesses in the technology, engineering, energy and life sciences sectors on M&A, and funding, licensing and development agreements. Clients recommend David Peterman in Houston for complex energy-related transactions. Daryl Lansdale in San Antonio represents AT&T, and Austin-based Darrell Windham represents Freescale Semiconductor.

Gardere Wynne Sewell’s internet, e-commerce and technology team advises clients in regional, national, and global markets. Led by Peter Vogel in Dallas, who is recommended for his ‘expertise, market knowledge and responsiveness’, it advises web and software development companies, internet hosts, manufacturers of computer chips and communications technology, biotechnology and medical devices and their customers. Highlights included advising Texas Health Resources on IP and software licensing, defending AMX in technology-related litigation, and advising Trinity Mother Francis Hospital with licensing a hospital information system from an external vendor.

Hogan Lovells US LLP team, led by Philip Porter in McLean, handles strategic alliances, outsourcing and development agreements, technology transfers, and complex licensing arrangements, supported by the firm’s IP and telecoms strength and broad global footprint. Steven Kaufman and the ‘always availableRandy Segal, who wins praise for her ‘unique specialty in satellite telecom’, led a team advising the Mexican Government on the acquisition of a $1.5bn, three-satellite system. Audrey Reed and Tarah Grant advised News Corp on the IP aspects of its sale of MySpace to Specific Media. The group handled the IP elements of other big-ticket M&A deals, included Ford’s $1.8bn sale of Volvo Zhejiang Geely Holding Group. In Denver, copyright and trademark specialist David London represents software developers and vendors, internet service providers, computer chip and medical device manufacturers. Zenas Choi in Washington DC, who ‘blends strong legal acumen with business savvy’, represents social networks and new media clients. Shane Albright strengthened the team, joining from Cooley LLP.

Morgan Lewis’ strong technology transactions and outsourcing group features Rahul Kapoor in Palo Alto, who represented Autonomy in its $380m acquisition of Iron Mountain’s archiving, e-discovery, and online backup and recovery business units, OmniVision Technologies in its $65m acquisition of 850 image-sensor-related patents and patent applications from Eastman Kodak. Active clients include SanDisk Corporation, Apollo Group and Ovidian Group.

Orrick, Herrington & Sutcliffe LLP’s US practice in New York and Silicon Valley is part of a global technology transactions team comprising over 40 lawyers in 12 international offices. The group represents clients ranging from high-growth start-ups to Fortune 500 companies. In Silicon Valley, Daniel Yost and Brian Day assisted Johnson Controls with reaching an agreement with Saft Groupe to end their joint venture, Johnson Controls-Saft and its $145m acquisition of Saft’s share of the company. Yost advised Perfect World in its acquisition of Cryptic Studios from Atari, including rights to the Neverwinter Nights Dungeons and Dragons sub-world. Stephanie Sharron advised mobile banking and payment provider Obopay in a strategic partnership with Société Générale to provide mobile payment services in Senegal.

Clients consider Paul Hastings LLPexcellent on complex large deals’. David Klein in New York handles IP-related technology transactions with an international focus, and is commended for his ‘understanding of the intricacies of software related contracts and disputes’. Palo Alto-based group head Matthew Berger represented Samsung Electronics in the $1.37bn sale of its hard disk drive operations to Seagate Technology and in the acquisition of Nexus Dx. Chris Daniel and Jane Song represented Visa in connection with a global service and development agreement with Monitise regarding mobile payments services. The group has particular strength in the pharmaceutical and life sciences sector, with key clients including The Dow Chemical Company and Korean Dong-A Pharmaceutical.

Proskauer Rose LLP is commended for ‘strong industry knowledge and technical expertise’. Co-head of the technology, media and communications group Jeffrey Neuburger advises clients on emerging technology, recently advising American Express and its subsidiary digital payments platform Serve Virtual Enterprises, in a partnership agreement with collaborative gifting service Giftiki. Daryn Grossman and the ‘knowledgeable, responsive’ Kristen Mathews, who combine IP and transactional expertise, advised cut-price department store Loehmann’s on its launch into the online world.

Simpson Thacher & Bartlett LLP’s cross-practice group handles multibillion-dollar M&A transactions, divestitures, joint ventures, debt and equity offerings, restructurings, outsourcing and licensing arrangements. Lori Lesser, who co-heads the East Coast IP transactional practice, represented AOL in its $315m acquisition of TheHuffingtonPost.com; assisted ITT Corporation with its separation into three distinct publicly traded companies; and represented KKR in its $2.38bn purchase of Capsugel, Pfizer’s capsule and drug-delivery systems division. Clients appreciate her ‘ability to identify and focus on the more significant issues and not waste efforts on immaterial matters’, and her ‘professional and pleasant approach to negotiations’. Noah Leibowitz was promoted to partner. A prestigious client list includes Microsoft, The Blackstone Group and JPMorgan Chase.

In Texas, Vinson & Elkins L.L.P.’s ‘top-notch technology lawyers bring business-sense beyond legal advice to each interaction’, advising venture capital investors, private equity firms and investment banks. Supported by a strong IP practice and the firm’s global footprint, it represents sellers, purchasers, targets, and financial advisors in M&A and other transactions. Austin-based practice head William Volk and Robert Kimball in Dallas represented longstanding client Rules-Based Medicine in its $80m sale to Myriad Genetics. The ‘phenomenal’ Kyle Fox, recommended as ‘honest, direct and knowledgeable’, heads the Palo Alto practice, representing virtualization management software provider Hyper9 in its $29m acquisition by SolarWinds. Together with Chris Schmitt, he represented Dell in connection with its acquisition of high-performance data networking provider Force10 Networks.


Telecoms and broadcast: regulatory

Index of tables

  1. Telecoms and broadcast: regulatory
  2. Leading lawyers

Leading lawyers

    • Robert Aamoth - Kelley Drye & Warren LLP
    • Antoinette Cook Bush - Skadden, Arps, Slate, Meagher & Flom LLP
    • Eric Greenberg - Paul Hastings 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.
    • Theodore Livingston - Mayer Brown
    • Richard Metzger - Lawler, Metzger, Keeney & Logan, LLC
    • John Nakahata - Wiltshire & Grannis LLP
    • Jonathan Nuechterlein - WilmerHale
    • Mace Rosenstein - Covington & Burling LLP
    • Michael Senkowski - Wiley Rein LLP
    • Bryan Tramont - Wilkinson Barker Knauer LLP
    • Richard Wiley - Wiley Rein LLP

Covington & Burling LLP’s attorneys win praise for ‘exceptional work’, ‘willingness to get involved’ and ‘fair billing’, combining close ties to the Washington DC bar and the Federal Communications Commission (FCC) with a growing West Coast presence. The practice’s engagement with the critical issues affecting the dynamic telecoms industry has brought it a prestigious list of media and broadcast clients. The group represents clients at the FCC regarding legislative developments and regulatory investigations. In 2011, this focused on the proposed expansion of the FCC’s jurisdiction over the internet by implementing new statutory provisions that seek to ensure access by persons with disabilities to online video content, email and IM services. Yaron Dori, who specializes in communications and privacy matters and ‘does a very good job helping to figure out the real risk associated with a proposed action or activity’, advised longstanding client Microsoft on regulatory and IP aspects of its $8.5bn acquisition of Skype. Together with Gerard Waldron, former Chief Counsel of the House Select Committee on Energy Independence and Global Warming, he represented Microsoft on Capitol Hill, at the FCC, before state attorneys general and European regulators regarding the development and implementation of location-based services for the Windows Phone operating system. Communications and media practice group chair Mace Rosenstein, who combines transactional mandates with FCC expertise, led a team representing Univision Communications, the nation’s largest integrated Spanish language media company and the fifth-largest broadcast network, in structuring a $1.5bn investment by Grupo Televisa, in regulatory matters and in spectrum policy before the Executive Branch, the US Congress and the FCC. Co-chair of the technology and media group Jennifer Johnson focuses on broadcast and media work. Together with Jonathan Blake, Kurt Wimmer and recently promoted partner Matthew DelNero, who impresses with his knowledge of ‘EBS License negotiations, broadcast UBIT issues and general FCC regulatory issues’, Johnson advised NBC Television Affiliates in connection gaining FCC and Department of Justice approval for the joint venture proposed by Comcast and NBC Universal. According to clients, the team is ‘very well versed on telecom, broadband, broadcast and regulatory issues related to telecom issues’. Clients include Bank of America, TDS Telecommunications, Hulu, and the Tennis Channel.

Hogan Lovells US LLP’s 20-lawyer group in Washington DC is recommended as ‘top-notch people with top-notch talent’. Supported by a global network of some 200 lawyers working in the technology, media and telecoms industry sector, the group’s regulatory and transactional specialists offer longstanding clients a wide range of services. Close links with the FCC bring steady flow of compliance work and key FCC mandates, advising on spectrum auctions, smart grid and wireless issues, and specialist sectors such as telemedicine. Washington DC practice head Michele Farquhar and Ari Fitzgerald represented Vodafone before the FCC on foreign ownership issues with major implications, FCC broadband and spectrum policy issues, including network neutrality and broadband reclassification. Clients recommend them as ‘experts in their field, well connected, and fast learners on company specific technologies’. They are ‘always available to help, and great people to work with’. Other highlights included assisting CTIA-The Wireless Association with FCC filings related to wireless broadband, competition and spectrum-related issues and FCC rulemakings and advocacy, and advising Sprint Nextel on filings and strategic advice in regulatory proceedings, including wireless broadband filings, TV white spaces and the AWS-2 spectrum bands. Fitzgerald and Mark Brennan represented General Motors in relation to the world’s largest vehicle-based communications and telematics service, OnStar, before the FCC and other government agencies. The team provides ongoing advice to leading US cable television providers in their major investments in the wireless business, including assistance on spectrum policy, auction and post-auction strategy, FCC compliance and related investment matters. Gardner Gillespie and Paul Werner represented Time Warner Cable in disputes and arbitrations around channel carriage and access issues. Dave Thomas represented Charter Communications on infrastructure and technology-related matters, and Cox Communications in a case of first impression against Arkansas electric cooperative concerning rates, terms and conditions of access to utility infrastructure. Zenas Choi is recognized for his expertise in satellite-related matters. According to clients, his ‘business savvy cuts through a lot of painful negotiations’. Clients include Tata Communications, GE Health Care, ATX Group, Fox and XO Communications.

Latham & Watkins LLP’s ‘world-class team’ draws on the firm’s strength in IP, media, litigation, M&A and antitrust law and its significant national and international footprint. Based in Washington DC, the regulatory group handles numerous matters related to the firm’s significant activities in communications, finance and M&A. The firm’s size enables it to handle the largest deals for clients including carriers, satellite and broadcast companies and investors in the telecoms and communications sectors. Practice chair, the ‘fantasticJohn Janka, receives plaudits from clients who ‘trust him wholeheartedly’ and value his ‘great FCC/regulatory experience’. He is recognized throughout the market for his specialist expertise in the satellite industry. Recent mandates include representing satellite broadband provider Lightsquared in major FCC proceedings and advising it on the GPS interference issues that are threatening its deployment. Janka continues to advise Viasat on regulatory clearances to open up new broadband services, including access to new frequency bands and the successful launch of Viasat satellite. Matthew Brill and recently promoted partner Brian Murray represented Time Warner Cable in regulatory matters involving cable television, broadband internet access, and digital phone services. These include a federal antitrust class action regarding rental of set-top boxes; federal court actions arising from state commission proceedings to secure interconnection rights with incumbent telephone providers; Second Circuit appeal of FCC program carriage rules; regulatory approvals in connection with $3bn acquisition of Insight Communications as well as program access between broadcast networks and cable companies. Brill and James Barker represented various telecoms providers in regulatory proceedings and lawsuits regarding the proposed merger of AT&T and T-Mobile. The group’s reputation for handling regulatory issues arising from the crossover of media, broadcast and internet services has attracted marquee clients across the broadcast, cable and wireless industries, including Inmarsat, Global Crossing, Regent Communications, USA Mobility, Discovery Communications and Telecom Italia.

Wiley Rein LLP’s 48-partner group handles regulatory and appellate work, litigation and big-ticket transactions. The integration of regulatory and public policy is a key differentiator, along with an unmatched level of resources. The team, which includes a blend of attorneys with FCC backgrounds and young talent, is ‘one of the very finest’ and appreciated for ‘providing excellent strategic guidance’. The firm represents major mobile providers, industry trade associations, satellite companies, technology manufacturers and broadcast networks who appreciate lawyers’ in-depth experience of FCC dealings and ancillary litigation and appellate expertise. The team has consistently won mandates as regulatory counsel on high-profile mergers. The universally respected founding partner Richard Wiley, a former FCC chairman, and communications practice head, the ‘knowledgeable, well-connected’ Michael Senkowski, chair of the telecommunications practice, and Nancy Victory acted in 2011’s largest telecommunications deal, serving as FCC counsel to Deutsche Telekom in the $39bn sale of T-Mobile USA to AT&T. Helgi Walker and William Consovoy advised Verizon in the lead challenge to the FCC’s order formally adopting net neutrality rules. In October 2011, Verizon’s challenge was consolidated with six others into a single proceeding before the US Court of Appeals for the DC Circuit. The group acted for banks with media company restructurings, notably representing JPMorgan Chase Bank as administrative agent in connection with the Tribune Company bankruptcy. Andrew McBride, Joshua Turner and Megan Brown represented CTIA in the US District Court for the Northern District of California against the City of San Francisco, challenging the radiofrequency labeling requirement for cell phones under the First Amendment and preemption doctrine in response to the City’s “Cell Phone Right-to-Know Ordinance”. The team was strengthened by the arrival of Christopher Huther from Sheppard, Mullin, Richter & Hampton LLP and Elbert Lin, who rejoined the firm from the Supreme Court. Other clients include the GSM Association, Comcast, Motorola, Viacom/CBS, AT&T and Iridium.

Telecoms boutique Wilkinson Barker Knauer LLP’s market-leading practice is commended for ‘prompt, personal attention from lawyers with great expertise’. With 43 attorneys devoted to communications and technology law, the firm has the largest such stand-alone practice in the country and continues to win and retain high-profile clients. In 2011, the team was strengthened by Rosemary Harold and Bradley Gillen joining from the FCC, and Phil Marchesiello from Akin Gump Strauss Hauer & Feld LLP. Kenneth Satten, acknowledged as ‘one of the best in the broadcasting regulatory area’, who heads the broadcast and media practice, is lead FCC counsel to NBC Universal (NBCU) in Comcast-General Electric-NBCU joint venture. Recent work involved applications for FCC consents surrounding a $30bn transaction that combined the NBCU broadcast, cable programming, film, and theme park businesses with Comcast’s cable networks, regional sports networks, and certain digital properties. Clients commend ‘extremely well respected’ former FCC chief of staff and managing partner Bryan Tramont as ‘one of the most influential lawyers in town’. He is ‘highly efficient and client focused’ and regularly provides strategic FCC counsel to Verizon Communications. According to clients, the firm’s lawyers are ‘deeply engaged on the issues and have an extensive network of government and industry contacts’. Cheryl Tritt and her team represented numerous clients, including CTIA and T-Mobile USA, in the FCC’s recently-completed reform of the regulatory regimes governing the universal service and intercarrier compensation systems. In Denver, Ray Gifford and Eric Gunning were instrumental in establishing and continue to advise voluntary association the Broadband Internet Technical Advisory Group (BITAG). In 2011, Maureen Ohlhausen became an FTC commissioner. Natalie Roisman and William Maher are also recommended. A prestigious client lists includes Bonneville International, Cisco Systems, Cox Enterprises, CTIA-The Wireless Association, DISH Network and the Telecommunications Industry Association. The client base expanded significantly in 2011 with new clients including cutting edge internet and mobile communications businesses, notably Akamai Technologies, Neustar, NTT Docomo USA, Relay Network, ShotSpotter and Space Data.

Bingham McCutchen LLP acts as regulatory counsel in matters ranging from restructurings and litigation to mergers and private equity transactions for competitive local exchange carriers (CLECs) and other communications businesses. ‘Outstanding attorney’ Andrew Lipman and Catherine Wang, who lead the practice, are recommended as ‘knowledgeable, responsive and practical’. In 2011, Lipman and his team handled numerous matters for Level 3 Communications in relation to its acquisition of Global Crossing, providing FCC representation in major universal service contribution policy proceedings and state Public Utilities Commission (PUC) approvals. This included complex structuring advice and regulatory representation in relation to financing totaling $2.3bn. The team also assisted Level 3 with FCC representations in relation to filings in significant high-profile proceedings on special access issues. Lipman and Jean Kiddoo represent internet infrastructure and services provider EarthLink in large-scale corporate transactions including the acquisition of One Communications. They provided EarthLink with regulatory representation in connection with CenturyLink’s acquisition of Qwest, and continue to represent EarthLink before federal regulators in connection with intercarrier compensation and the universal service fund compensation system. Key clients include John Deere, PAETEC Communications and Vonage.

Dow Lohnes PLLC’s 25-strong telecoms regulatory team is the nation’s largest public broadcasting and educational telecommunications practice, representing over 300 non-commercial radio and television stations before the FCC on licensing, operational, transactional and content issues. It represents cable television and commercial broadcasters, including 350 commercial television stations, and assists media companies with financial, business and regulatory matters, supported by a dedicated tax planning group. Led by Michael Basile, the team served as FCC counsel to The McGraw-Hill Companies in the largest broadcast television deal of the year, when it sold its nine-station Broadcasting Group to The E W Scripps Company for $212m. The team has embraced the regulatory and transactional aspects of industry consolidation and the collocation of services and assisted numerous television stations in completing the transition of their transmission facilities from analog to digital operation. In 2011, it continued to undertake mandates at the intersection of FCC requirement and bankruptcy rules, notably representing Tribune Company in its Chapter 11 bankruptcy proceedings, including licensing and media ownership issues, before the FCC and the bankruptcy court. In one of 2011’s most prominent litigation cases, the team represented Granite Broadcasting Company in a federal antitrust lawsuit brought against it by Nexstar concerning the Fox affiliation for the Fort Wayne television market. In another high-profile mandate, the team represented Garmin International, in the FCC’s LightSquared proceeding, and has helped shape the efforts of GPS manufacturers in challenging its proposed new terrestrial broadband service. John Feore and John Logan have significant involvement in complex ownership issues. Anne Swanson is singled out for praise, and David Wittenstein wins plaudits for his IP, copyright and new media expertise. Trademarks expert Mitchell Stabbe left to join Edwards Wildman Palmer LLP and Kevin Latek moved in-house. Other key clients include Cox Communications, Comcast, Allbritton Communications, McGraw-Hill Broadcasting, Local TV, TiVo and Ion Media Networks.

Kelley Drye & Warren LLP’s 11-partner practice based in Washington DC and Chicago is recognized for its representations at state and federal level and has an excellent reputation among local carriers. Clients appreciate attorneys’ ‘expertise in the many specialized areas within telecommunications’, and the fact that ‘they don’t over-lawyer projects’. Practice head Robert Aamoth, who works with foreign carriers entering the US market, wins praise for ‘understanding telecoms issues and regulatory bodies in different jurisdictions’ and his ‘diplomacy in international negotiations’. John Heitmann and Thomas Cohen represented competitive carriers in regulatory, compliance, transactional and enforcement matters before the FCC and state PUCs and in federal court litigation. Cohen, who represented the American Cable Association, ‘offers exceptional legal counsel and strategic advice; is dedicated, hands on and represents good value for money’. Heitmann, who ‘does a great job of ensuring that clients get appropriate, cost-effective support’, advised cable television operator Mediacom on all aspects of its telephony service offerings, negotiating intercarrier agreements with incumbent landline carriers, including rural providers and wireless service providers, counseling on implementation and dispute resolution counseling and providing strategic advice on intercarrier compensation and voice over Internet protocol (VoIP) technology. Henry Kelly in Chicago handles numerous proceedings relating to cost-based pricing principles of telecommunications services, actions seeking to enforce state and federal provisions designed to promote competition in telecommunications markets, and other leading-edge telecommunications policy issues. He represented the Illinois Power Agency in the first state-agency competitive procurement of electricity under the Illinois Power Agency Act. Clients include XO Communications, First Communications, and its subsidiary, GlobalCom, Nuvox, Broadview Networks, Cavalier Communications and T-Mobile.

Washington DC telecommunications boutique Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. is recommended for its expertise in telecommunications and antitrust law, and handles numerous matters before the FCC and the federal courts. The firm’s regulatory expertise has earned it numerous instructions from leading carriers including AT&T and Verizon. The group handles a mixture of policy and appellate work, and includes several ‘FCC veterans’. With over 50 attorneys, the firm’s extensive mix of experience and expertise mean that it is frequently instructed on the cases that are shaping telecommunications law. Recent successes include representing Verizon and AT&T, with Scott Angstreich defending the FCC’s third attempt to adopt an order governing the payments due between telephone companies for internet access calls. Name partner Michael Kellogg is respected throughout the market. Mark Hansen, whose clients include Verizon, is also recommended. David Frederick successfully represented cell phone providers and manufacturers in the Court of Appeals for the Third Circuit and acted as an expert witness on behalf of Virgin Media in the UK case British Sky Broadcasting Ltd v Office of Communications competition appeal tribunal concerning program access rules for premium programming. Colin Stretch moved in-house. Clients included AT&T, BellSouth, BellAtlantic, the State of Hawaii, Qwest, TCR Sports Broadcasting Holding and Verizon.

Washington DC boutique Lawler, Metzger, Keeney & Logan, LLC’s telecommunications practice is led by former FCC officials Richard Metzger and Gina Keeney. The firm’s core competence of advising leading wireless and wireline carriers on FCC policy and compliance issues has won it an excellent market reputation and a loyal client following. Clients appreciate attorneys’ expertise on boundary-pushing wireline policy, compliance, spectrum, and licensing proceedings. ‘The level of service is excellent: they think deeply about the issues, and offer prompt, expert advice’. The group represented longstanding client Sprint Nextel in its successful opposition to the proposed AT&T and T-Mobile merger at the FCC. It represented Sprint Nextel in special access pricing proceedings before the FCC and wireless-related issues, and advised Comcast regarding the FCC’s intercarrier compensation and universal service reform proceeding. The name partners ‘bring a wealth of FCC experience’. Metzger, former chief of the Common Carrier Bureau, ‘has an incomparable understanding of telecom regulations and is regarded widely as one of the few true experts in critically important areas of telecom regulation’. Keeney, former chief of the Common Carrier, International and Wireless Bureaus, is ‘at the top of her game – shrewd, creative, and very skilled in regulatory and legislative matters’. Charles Logan, former chief of the Media Bureau’s Policy Division is commended for his ‘strong analytical talents’. Emily Daniels ‘understands complex business regulatory issues’. Richard Mallen is ‘good at working through complex statutes and rules’. Gil Strobel is also recommended. The firm has substantial experience with FCC merger review proceedings, advising Comcast on its acquisition of Cimco Communications and General Electric on its joint venture with Comcast involving NBC Universal and assisting Globalstar with satellite-related matters.

Paul Hastings LLP advises on the regulatory aspects of complex transactions and handles stand-alone regulatory matters. Its integrated telecoms practice benefits from the firm’s transactional and corporate strength and broad national and international footprint. In 2011, the team was strengthened by the arrival of Eric Greenberg from Covington & Burling LLP and associate Matthew Gibson from Wiley Rein LLP, although Carl Northrop left the firm to establish Telecommunications Law Professionals. Clients recommend Greenberg for his ‘deep knowledge of the media space’ and for ‘delivering excellent outcomes’. In 2011, he helped craft the Pearl Mobile DTV Company, a joint venture involving nine independent broadcasting companies, which he then represented in negotiations with Fox and NBC Universal to develop Mobile Content Ventures and create a nationwide platform for the delivery of mobile digital television services. He also represented venture capital and private equity firm Pilot Group in obtaining FCC consents for restructuring its broadcasting portfolio. Tara Giunta, who specializes in international telecoms and satellite-related work, is advising Ridgemont Equity Partners on FCC and national security regulatory issues affecting potential investments. Stephen Kinnaird, who is commended for his telecom appellate work, advised MetroPCS Communications in its challenge to the FCC’s net neutrality rules. Other key clients include Revol Wireless, Syniverse HBK and foreign governments and institutions.

Head of Sidley Austin LLP’s communications group, David Lawson in Washington DC, has represented AT&T for over a decade, notably in regulatory proceedings before the FCC and the US Congress. The group’s US activity is largely focused on providing regulatory advice to its flagship client. With 15 partners divided between Chicago and Washington DC, where it has close ties to the communications bar, the ‘excellent’ team is commended for its ‘responsiveness, knowledge and FCC expertise’. Recent mandates for AT&T include advising on wireless regulation and roaming rights, intercarrier compensation disputes, class-action disputes concerning alleged price fixing, and the auction of wireless spectrum for broadband services. Cybersecurity and location reporting are other key issues. David Carpenter in Chicago is a leading name. Carter Phillips and Mark Schneider, a former FCC associate general counsel, are assisting News Corporation, Fox Television Stations, and Tribune Company with challenges to the FCC’s maintenance of rules governing the cross-ownership of newspapers and broadcast properties, and the multiple ownership of television stations and acting as lead counsel representing media property owners in the industry appeal of the FCC’s media ownership rules, which is pending before the 3rd Circuit. The firm has also represented News Corporation and Fox in challenges to FCC rulings concerning its ban on broadcast indecency. Other work included advising GE Capital on the regulatory implications of restructurings and reorganizations, notably the impact of attribution, multiple and cross-ownership, and foreign ownership rules; acting for United States Cellular on the FCC’s revised rules with regard to location accuracy for Enhanced 911 services and the transition to next-generation 911 services; and advising Grupo Televisa on the regulatory and compliance elements of its investment in Univision.

Skadden, Arps, Slate, Meagher & Flom LLP’s communications group is led by Antoinette Cook Bush, who is highly recommended as ‘smart, personable with excellent relationships in the communications industry and in Washington political circles – her knowledge of Congress and its players is a real plus’. The team provides the skills and resources to execute the most complex regulatory instructions and orchestrate compliance on large-scale complex transactions in the wireless, wireline and cable industries. According to clients, ‘it has demonstrated a high-level of legal and business skill and provides excellent judgment, guidance and counsel. It has a deep bench of talented and personable partners and associates’. These qualities, and the firm’s ties to some of the largest names in media and broadcast, have enabled the team to win high-profile engagements. Together with ‘bright, hardworking antitrust expert’ Steven Sunshine, and ‘experienced, resourceful’ antitrust lawyer Matthew Hendrickson in New York, Cook Bush represented Sprint Corporation in successfully opposing AT&T’s proposed $39bn acquisition of T-Mobile USA from Deutsche Telecom before the Antitrust Division of the US Department of Justice and the FCC. Other mandates included advising Viacom on a range of FCC and FTC proceedings, including children’s television, cable programming and content piracy; acting for News Corporation in opposing a petition filed at the FCC by pay television providers seeking changes to the regulatory regime governing retransmission consent for broadcast stations; and advising Sorenson Communications on FCC matters relating to the rates charged for video relay services. Cook Bush and Cliff Sloan, who combines telecoms and media expertise, advised Motion Picture Association of America on FCC proceedings including closed captioning on programs transmitted over the internet.

Steptoe & Johnson LLP’s seven partner group, led by satellite and wireless expert Philip Malet in Washington DC, represents leading names in the wireline, wireless, satellite, media, and internet sectors. Specialisms include wiretapping issues associated with the 1994 Communications Assistance for Law Enforcement Act (CALEA) and data security and privacy matters as well as media representation and encryption issues. The group offers particular expertise in satellite matters, with Pantelis Michalopoulos and his team advising longstanding client DISH Network and its spin-off company EchoStar on numerous issues, notably represented DISH in its effort to win approval for the acquisition of control of NBSD and TerreStar. The team defended DISH against Sprint’s claim for more than $200m in costs for clearing certain electromagnetic frequencies in a dispute that eventually settled. Other work included representing AOL in relation to net neutrality and the Comcast merger. The group operates at the intersection between technology and telecoms, advising on broadband and net neutrality issues as well as more controversial topics. Head of the technology department Alfred Mamlet provides regulatory advice on domestic and international regulation of internet telecommunications services including voice and video services and broadband issues. Other major clients include Inmarsat, Cricket Communications and Alinda Capital Partners.

WilmerHale has ‘across-the-board prowess’ in wireline and wireless telecommunications, internet policy, e-commerce and media law. Led by Jonathan Nuechterlein in Washington DC, the group represents clients in regulatory and enforcement proceedings before the FCC and state and international agencies, handles high-stakes appellate litigation, assists with deal-related matters and counsels on cutting-edge regulatory compliance issues. Nuechterlein successfully represented AT&T in opposing the cable television industry’s appellate challenge to new FCC rules that require incumbent cable operators to share certain affiliated programming with rival multichannel television providers. The team advised AT&T on intercarrier compensation and universal service reform and prepared its major submissions to the FCC seeking regulatory approval of its planned $39bn merger with T-Mobile USA. Samir Jain represented satellite communications provider Globalstar on regulatory issues before the FCC, including applications and other filings to enable its transition from first-generation to second-generation satellite constellation. J Beckwith Burr specializes in privacy and e-commerce, which is increasingly relevant to the telecoms industry in light of the development of mobile applications, location data and cutting-edge wireless applications. Other major clients include CenturyLink, Comcast and Verizon.

Communications and technology boutique Wiltshire & Grannis LLP is recognized for its FCC knowledge and expertise as the majority of its attorneys are former FCC officials. John Nakahata, who heads the telecoms practice was involved in the implementation of the 1996 Telecommunications Act during his time at the FCC and is respected throughout the market for his in-depth industry knowledge and expertise in policies, procedure and processes. Nakahata and Kent Bressie represented Level 3 in its $1.9bn acquisition of Global Crossing. Bressie represented Pacific Fibre and other Pacific Basin undersea cable carriers on licensing and national security clearances. Christopher Wright, who heads the appellate practice, and Paul Margie, who combines telecommunications and technology expertise, are recommended. Margie represented Sprint on special access rates and Qualcomm in the sale of frequencies to AT&T. Together with Roberts Carter, Margie handles mandates in the wireless and satellite arenas, representing equipment manufacturers on technical and spectrum policy matters before the FCC. Name partner William Wiltshire, who represents DIRECTV, draws on upon years of regulatory and litigation experience. The highly diversified practice represents communications and information technology firms before the courts, the FCC, the Congress, national executive agencies and state PUCs. It acts for clients before foreign governments and regulatory agencies both directly and through foreign-based affiliates. The group’s expertise enables it to handle highly complex matters, notably spectrum auctions, submarine cable landings and federal regulations on satellite broadband operators as well as advising on the regulatory elements involved in major telecoms transactions, dealing with FCC and governmental approvals. The group advises on convergence related matters, including mobile technology, VOIP and the National Broadband plan and applying existing FCC rules to new technology. Clients include T-Mobile, CTIA (The Wireless Association), Comcast, Atlantic Broadband, Vonage, Cisco and Dell.

Arent Fox LLP’s Stephanie Joyce represented membership organization Computer & Communications Industry Association with advocacy at the FCC supporting net neutrality rules and opposing the merger of AT&T and T-Mobile USA, and counseled VoIP provider Intelepeer on regulatory compliance matters and FCC policy proceedings. Jeffrey Rummel secured a FCC waiver on behalf of Thales Communications, providing greater flexibility for defense manufacturers relating to the manufacture of Guard Band-capable radios that will operate as part of 700 MHz public safety communication systems.

Arnall Golden Gregory LLP’s practice, led by Donald Hackney in Atlanta, provides regulatory assistance to telecommunications clients at federal, state and local levels. Highlights included transactional support and stand-alone regulatory mandates, notably assisting clients to obtain CLEC certification in numerous states. The team has significant experience of cell site permit-related issues and has achieved a successful resolution in the majority of these cases. IP and technology practice head Scott Taylor has successfully represented numerous clients in land use and zoning matters relating to the location and construction of telecommunications facilities.

Arnold & Porter LLP’s Washington DC group, led by Patrick Grant, who combines litigation, transactional and regulatory expertise, advises wireline, cable and broadcast clients ranging from telecoms giant AT&T to entrepreneurial communications companies. Former practice group head Norman Sinel advises Comcast on regulatory matters. Supported by practices in London and Brussels, as well as the firm’s national presence, and building on its substantial record of working for SBC prior to, and in connection with, its merger with AT&T, the team has focused on regulatory counseling and assisting in securing FCC approval for large telecommunications transactions. The firm’s antitrust and lobbying credentials are recognized by the market, with a prestigious client list including AT&T, Dobson Communications and Aloha Partners.

Clients appreciate Cahill Gordon & Reindel’s ‘extremely knowledgeable’ team, for its ‘timely, accurate advice’. In Washington DC, ‘invaluable assetChérie Kiser undertakes regulatory, litigation and transactional support work and is recognized for her ‘expertise in telcom and VoIP’. In 2011, she successfully represented Intrado Communications against AT&T. She also acted for Polycom in numerous regulatory matters related to its $89m purchase of a business segment from Hewlett-Packard. Other mandates included successfully representing Cable One in several cases involving the company’s video, VoIP and internet access services, and providing ongoing regulatory advice to clients including Blackbird and the Advanced Television Systems Committee (ATSC). Longstanding clients single out ‘excellent communication lawyerAngela Collins for praise.

Dentons represents major users of communications services, national and international network providers, fixed and mobile operators, equipment suppliers, financial institutions, governments and regulators. Clients value Todd Daubert’s ‘smoothing demeanor and overall telephony knowledge along with an excellent relationship with the FCC over the years’. Mandates included representing North American Portability Management in a proceeding before the FCC initiated in response to a complaint from Telecordia, and providing ongoing regulatory advice to XO. Douglas Bonner led a team advising Dell Communications Services Solutions Group on regulatory issues impacting its smartphone and telecom services offerings. He successfully represented tribally owned wireless carrier Standing Rock Telecommunications winning an FCC reconsideration order awarding it competitive ETC status throughout its reservation, entitling it to high-cost federal USF subsidies, and exempting it from any state consent to service area redefinition.

Jenner & Block LLP’s combination of leading litigation and appellate attorneys with a top FCC practice enables it to provide comprehensive solutions including compliance and trial representations. The nine-partner group, led by former FCC general counsel Samuel Feder in Washington DC, was strengthened by John Flynn from the FCC. Feder and his team acted as lead counsel for multiple parties challenging the proposed merger of AT&T and T-Mobile at the FCC and DOJ, and continued to represent the Recording Industry Association of America in the FCC’s net neutrality proceeding. Managing partner Michael DeSanctis is recommended for his ‘invaluable relationships at the FCC and his impeccable client communication’. Marc Goldman acted as national counsel for Sprint in litigation over “traffic pumping” by rural carriers, conference-call and chat-line providers and related FCC proceedings. Other clients include Sprint, Sorenson Communications and several industry associations. In October 2011, Ajit Pai was nominated as an FCC commissioner and John Harrington moved in-house.

Mayer Brown combines regulatory expertise with a nationwide telecoms litigation practice. Although the seven-partner group is relatively small, it has handled the majority of landmark cases under the 1996 Telecommunications Act in multiple forums. The national outlook afforded by the group’s long-term placement of resources in the Chicago office has put it among a small group of firms truly able to provide extensive litigation experience across the state courts and before the FCC. The group has a successful record in handling significant litigation matters before the FCC and in 40 states, including regulatory commissions, state and federal courts, federal Courts of Appeals for seven Circuits, and the US Supreme Court. It is currently defending AT&T in four nationwide class-action lawsuits. Practice head Theodore Livingston in Chicago has represented AT&T dating back to the group’s formation. He handles numerous antitrust cases which involve communications regulatory rules and orders, and consumer class actions under the communications laws. Livingston and his team represented AT&T companies across the country in numerous disputes with competitors regarding wholesale access. Christian Binnig and Hans Germann successfully represented AT&T’s incumbent local exchange carriers in prosecuting suits in five federal courts of appeal, eight federal district courts, and three state regulatory commissions for violation of federal and state tariffs and breach of interconnection agreements. Dennis Friedman represented AT&T in interconnection agreement arbitrations against Sprint in ten states, and against Cricket in 13 states. Demetrios Metropoulos also represented AT&T in concurrent cases before regulatory commissions in several states concerning the rates AT&T pays for access to the networks of local carriers for intrastate long-distance calls. Although the team operates in a specific niche, it is recognized for offering a specialized set of skills that are matched by few in the market.

Pillsbury Winthrop Shaw Pittman LLP’s communications group handles broadcast, satellite and telecoms work and is commended for its ‘strong industry knowledge of satellite communications’. Broadcasting is a key focus area. The group provides regulatory support to large-scale transactions and handles FCC compliance matters, supported by the team’s litigation capabilities. Communications group head Clifford Harrington acted for longstanding client Sinclair Broadcast Group with request for FCC consents to the assignment of seven television station licenses from Four Points Media Group and in challenges to the FCC’s “eight voices” test and “Quadrennial Regulatory Review” decision. Bruce Jacobs advised LightSquared on concerns that its planned nationwide 4G wireless network will cause widespread interference to GPS devices and on other regulatory issues. John Hane assisted LIN Media Corporation in three large retransmission deals and many smaller deals. Richard Zaragoza provides regulatory support in major transactions, notably assisting Mercury Capital and its affiliates with acquiring interests in radio station properties, and advising Gladstone Capital Corporation on its broadcast investments. The group advises numerous financial institutions and investment companies that operate in the communications space. Other key clients include the National Alliance of State Broadcasters Associations (NASBA), Atalaya Capital Management and Australian client NewSat.

Sheppard, Mullin, Richter & Hampton LLP’s Brian Weimer specializes in satellite, broadcasting and wireless matters. His primary satellite clients include SAT-GE and SES World Skies. Weimer filed a US market access application for start-up global satellite company O3b Networks, which was established with the mission of making the internet accessible to the “other three billion” people in the world who currently do not have internet access; represented Keane International, in the national security aspects of its $1.2bn sale to NTT Data Corporation; and acted as corporate and FCC regulatory counsel to San Diego Gas & Electric in connection with its acquisition of two wireless licenses from a subsidiary of NextWave. Christopher Huther left to join Wiley Rein LLP.

Squire Sanders LLP advises public and private sector clients on licensing and regulatory measures supporting new and existing communications and satellite services that operate domestically and across borders, and securing the adoption of new regulations, spectrum allocations and experimental licenses to support innovative technologies. It has unique expertise in legal issues associated with intelligent transportation systems. Clients value practice group head Robert Kelly’s ‘extensive background in telecommunications matters’ and ‘careful, conservative advice’. Kelly provides ongoing advice to the 800 MHz Transition Administrator, which oversees the FCC’s 800 MHz reconfiguration program – the largest ever spectrum configuration ever attempted and valued at $3bn. Bruce Olcott and his team assist Boeing with securing, maintaining and complying with FCC experimental licenses. Carlos Nalda advised the Panasonic Avionics Corporation on its global aeronautical satellite communications system, which will provide broadband internet and GSM connectivity to passengers and crew onboard aircraft in flight. High-profile clients include the State of Hawaii, KVH Industries and ITS America.


Telecoms and broadcast: transactional

Index of tables

  1. Telecoms and broadcast: transactional
  2. Leading lawyers

Leading lawyers

Latham & Watkins LLP’s transactional prowess is supported by its global industry group and strength in numerous practice areas. The core group is organized in Washington DC and supported by leading regulatory experts and litigators. This collaborative approach combined with a significant international footprint enables the group to handle international mandates and advise foreign firms establishing a US presence. The group combines transactional and regulatory strength to facilitate a high-volume of deals. Clients include acquirers and providers of telecommunications capacity and related voice, data and internet access services. Attorneys have broad experience in transactions for the purchase and supply of communications technology and related services including outsourcing, hosting and co-location, licensing and content distribution transactions. Practice head John Janka wins plaudits for ‘fantastic judgment and legal advice that takes into account the client’s business and strategic objectives’. In 2011, he represented Arquiva, the UK provider of satellite uplink, transport, and video distribution services, on numerous transactions including the disposition of its US teleports. Matthew Brill and recently promoted partner Brian Murray represented Singapore Technologies Telemedia (STT), a private investment company owned by Singapore’s sovereign wealth fund Temasek Holdings, and Global Crossing, a global IP solutions provider, in Level 3 Communications’ $3bn acquisition of Global Crossing. Clients highlight the successful integration of the firm’s national corporate and finance practices, combining West Coast and East Coast expertise with Washington DC specialists. Richard Levy in Chicago led a team, including lawyers in Washington DC and Orange County, who worked closely with Mexican counsel representing the family of Gabriel de Alba in acquiring a 49% voting equity interest in the reorganized SatMex. Other key mandates included assisting The Carlyle Group with the $2.6bn acquisition of Syniverse Technologies, and representing The Huffington Post.com in its $315m sale to AOL. Marquee clients include Time Warner Cable, BBC Worldwide and Inmarsat.

Covington & Burling LLP is rated ‘second-to-none’ in transactional work, acting on some of the most prominent deals in the sector. According to clients, its attorneys represent ‘the gold standard’. Yaron Dori, co-chair of the communications and media practice group, advised Microsoft on the global telecommunications element of its largest ever acquisition – the $8.5bn acquisition of Skype. Dori is ‘great at marshaling the firm’s resources behind a question and always willing to put in the hours to get projects done’. Mace Rosenstein, chair of the technology and media group, wins the respect of the market. The team advises clients from wireless, wireline, broadcast, cable and media industries and investors, including banks and private equity firms. The team represented Univision Communications, Newport Television and MSD Capital in radio and television station acquisitions and divestitures. Douglas Gibson and Jeremy Spector represented the NFL in its $1.9bn eight-year multiplatform agreement with ESPN for the extension of Monday Night Football (MNF) through the 2021 NFL season. The deal includes enhanced international rights whereby ESPN will televise MNF and other regular season games, playoffs, and the Super Bowl in 30m households in 144 territories across five continents. Kurt Wimmer advised on the formation of the Mobile Content Venture, a venture between Pearl Mobile DTV, NBC Universal, News Corp and ION Television Networks to roll out a new mobile digital television service that will allow users to receive live broadcasts on mobile devices. Communications and media group co-chair Jennifer Johnson and recently promoted partner Matthew DelNero are ‘very well versed on telecom, broadband, broadcast and regulatory issues’. Other key clients include RHI Entertainment and The Walt Disney Company.

Debevoise & Plimpton’s ‘responsive, results-oriented’ 35-strong media group undertakes M&A and capital markets work for longstanding clients in the media, broadcasting and telecoms sector. The telecoms group is integrated into the firm’s corporate practice and its cross-disciplinary strength and market reputation help it win prestigious, large-scale mandates. According to clients, it is a ‘professional and resourceful group that understands the media industry’. Lawyers ‘always come up with creative solutions and are excellent negotiators’. Jeffrey Rosen and his team represented Access Industries in its $3.3bn acquisition of Warner Music Group and acted for The Carlyle Group in the $3bn sale of Insight Communications to Time Warner Cable. Michael Gillespie, recommended as a ‘senior professional and excellent negotiator who goes beyond what one would expect’, represents Globo Organization, Latin America’s largest media company. Kevin Rinker advised LivingSocial on its acquisition of Ticket Monster, South Korea’s leading social commerce website. Richard Bohm acted for Discovery Communications in its $156m acquisition of BBC Worldwide’s 50% interest in the BBC Worldwide-Discovery joint ventures Animal Planet and Liv. Bohm also represented longstanding clients the Dolan family in the tax-free leveraged spin-off of AMC Networks to the stockholders of Cablevision. Steven Gross ‘knows all about debt restructuring and is a tough negotiator: skilled, firm, and trustworthy’. Other clients include Alibaba, Amazon.com, News Corporation and Verizon.

Dow Lohnes PLLC remains the only domestic firm to provide genuine competition to the international giants in this sector. The ‘excellent’ 22-lawyer team in Washington DC combines regulatory and transactional expertise and routinely assists leading media and broadcast companies and major investors in communications with high-profile, high-value transactions and complex ownership issues. Transactional highlights included advising Insight Communications, a full-service telecommunications company providing phone, high-speed internet, and video services to more than 750,000 customers, on its $3bn acquisition by Time Warner Cable; representing telecom network integrator Core180 in its merger with an affiliate of Harris Corporation, and the concurrent spinoff of Core180’s remaining government and commercial lines of business; and assisting AutoTrader.com with its purchase of HomeNet Automotive. Practice group head Michael Basile combines regulatory skills with expertise in complex mergers, acquisitions and financing transactions for broadcast companies. Managing partner John Byrnes acts for cable, television and radio broadcast, newspaper and telecommunications industry clients in corporate and financing matters.

Hogan Lovells US LLP’s telecommunications group in Washington DC, led by Michele Farquhar, is supported by the firm’s regulatory prowess and global presence, notably representing NBC Universal in the sale of the Spanish language independent television station K-WHY to the Meruelo Group. Its reputation as a ‘tough negotiator but fair and thoughtful’ wins the group prestigious clients and instructions. Highlights included advising Fox in the widely publicized sale of MySpace to Specific Media, representing News Corporation on the cross-border sale of the Fox Mobile Group to Jesta Group, and advising on the sale of Fox Audience Network and Strategic Data Corp to The Rubicon Project. New York-based Mark Weinstein is advising Avail-TVN on its global operating structure, and negotiating content licenses with major Hollywood studios and television networks and the distribution of video-on-demand format programs to multi-channel video platforms throughout the world. Zenas Choi in Washington DC and Randy Segal in McLean are recommended for ‘strong legal acumen’ and ‘hands-on experience’. Key clients include Columbia Capital and The Federal Government of Mexico.

Milbank, Tweed, Hadley & McCloy LLP’s global interdisciplinary communications group, led by Glenn Gerstell, managing partner of the Washington DC office, concentrates on big-ticket work. Gerstell, who was recently appointed to the National Infrastructure Advisory Council, specializes in finance and M&A across the sector, covering submarine cables, satellite, wireless and fixed line. The team has particular strength in handling complicated, highly structured deals in emerging markets, with Gerstell and associates Gavin McKeon and Frederick Cristman advising the lead arrangers in two revolving credit facilities to América Móvil, Latin America’s largest mobile phone operator. The two facilities, each for $2bn, were intended to replace América Móvil’s existing working capital arrangements. In the US, the team focuses on complex transactions driven by market consolidation technological advances, and represents innovative start-ups. It assisted LightSquared with a $850m senior secured credit facility for the construction of its integrated wireless broadband and satellite 4G-LTE wholesale network. New York partner Peter Nesgos heads the firm’s space and satellite group, supported by Dara Panahy in Washington DC. The group is involved in most of the leading financings in the space business, notably representing Intelsat Jackson Holdings in major financing arrangements. Other clients include O3b Networks, Hughes Network Systems, Iridium Satellite and banks and financial institutions involved in satellite financing.

Paul, Weiss, Rifkind, Wharton & Garrison LLP’s small telecoms group acts predominantly on satellite deals, supported by the firm’s strong corporate practice and international presence. Communications partner Patrick Campbell has an excellent reputation for representing satellite operators on corporate issues and before the FCC. He has acted on a long list of industry leading transactions for prestigious clients, notably IntelSat. Recent highlights include representing Crestview Partners in its commitment, with Macquarie Capital, to provide $500m in equity financing to Cumulus Media as part of its merger agreement with Citadel Broadcasting Corporation. Other highlights included advising ITC-DeltaCom, a provider of integrated communications services to customers in the southeastern United States on its $516m acquisition by internet service provider EarthLink. Mitchell Berg and Bruce Gutenplan in New York represented Cell C in its sale to American Tower Corporation of 1,400 communications towers in South Africa, and up to 1,800 additional towers to be constructed, for an aggregate price of $430m in the first large sale-leaseback of communications towers in South Africa. Henk Brands, who focuses on appellate litigation and communications issues, successfully represented Time Warner Cable before the FCC. Clients include BT, Fox Entertainment Group and Sprint Nextel.

Skadden, Arps, Slate, Meagher & Flom LLP handles big-ticket deals involving high-profile broadcasters and media giants. The combination of corporate and regulatory strength enables the communications group, led by Antoinette Cook Bush in Washington DC, whose clients include Virgin Mobile, Viacom and Univision Communications, to pick up high-profile instructions and prestigious clients. The firm is regularly instructed on the industry’s most prominent deals with Cook Bush representing Sprint Corporation in opposing AT&T’s proposed $39bn acquisition of T-Mobile USA. The firm represented Joltid, a member of the investor group in global internet communications company Skype, in connection with Skype’s $8.5bn acquisition by Microsoft, and represented Windstream in its $2.3bn acquisition of PAETEC Holding Corp. The firm’s international reach is an important advantage. Howard Ellin and Lou Kling in New York represented News Corporation in its $11.5bn aborted acquisition of the remaining stake in British Sky Broadcasting Group. Ellin advised IMAX Corporation (Canada) in its joint venture with Discovery Communications and Sony Corporation to develop the first 24/7 dedicated 3D television network in the United States, and assisted Hubbard Broadcasting with its $505m acquisition of 17 radio stations from Bonneville International Corporation. Clients include Border Media, Activision, Viacom, Alcatel-Lucent, Univision, Credit Suisse, CIBC and Bank of America.

Arent Fox LLP’s 12-lawyer practice represents smaller carriers and start-ups in negotiations with content providers and disputes with the large telecoms operators and incumbents. Litigation accounts for around 60% of the practice and recent cases focused on mobile content and internet access and net neutrality. In Washington DC, Ross Buntrock represented Northern Valley Communications in appealing an FCC decision regarding rules which allow local exchange carriers to be compensated for termination of traffic to conference bridges. Michael Hazzard, ‘a true leader who has a solid business sense and a deep passion for his work’, represented new client Twilio, a cloud communications company that allows software developers to make and receive calls and send and receive text messages using its web service. Alan Fishel represented LightSquared against owners and users of the GPS system challenging its operating model, and acted for Internet2 in obtaining significant government grants under the “Broadband Technology Opportunities Program”. Other clients include Hypercube Telecom, Infrasource and new client Nomad Digital a UK-based provider of wireless internet services on trains.

Arnall Golden Gregory LLP’s transactional telecoms practice is evenly split between wireless and wireline clients. In addition to M&A transactions, the team handles financing transactions including IPOs, high-yield notes, venture capital investments and senior secured loans as well as handling equipment purchase transactions and carrier agreements. Donald Hackney in Atlanta and his team are involved in a multi-year project for a national communications carrier that entails negotiating and obtaining numerous cable franchises with city and county governments. The team is advising the largest independent incumbent local exchange carrier (ILEC) in a Midwestern state on building an advanced telecom network to connect regional hospitals and healthcare facilities, and provide them with state-of-the-art data and video networks. The team handles international capital markets and M&A work in the telecoms sector. High-profile clients include BT, T-Mobile, Telecom Wireless and Verizon.

Baker Botts L.L.P.’s attorneys are recommended as ‘experienced, smart and personable’ attorneys who ‘do not over-lawyer assignments’. Frederick McGrath in New York assisted Liberty Media Corporation with its media investments, notably the anticipated spin-off of two of its three tracking stocks, Liberty Capital and Liberty Starz, to turn its third tracking stock, Liberty Interactive, into an asset-backed stock, and in the acquisition of 16.6% of the equity of Barnes & Noble. Renee Wilm represented Ascent Media in the $1.2bn acquisition of Monitronics International. Lee Charles and John Winter are recommended.

At Bingham McCutchen LLP, the ‘outstanding’ Andrew Lipman in Washington DC and his team undertake corporate finance transactions including the purchase, sale, financing and exchange of network facilities and services, mergers and acquisitions, private and public issuances of equity and debt securities, initial public offerings; syndicated loans and vendor financings. The practice handles the firm’s most prominent US and international communications transactions, recently representing Level 3 in major corporate and financing transactions, notably handling Public Utilities Commission (PUC) approvals for the acquisition of Global Crossing, including financing totaling $2.3bn. Other highlights included assisting internet infrastructure and services provider EarthLink with the acquisition of ONE Communications and a complex intracompany reorganization. The team acted in numerous competitive carrier acquisitions and provides regulatory and corporate advice to competitive local exchange carriers (CLECs) and foreign carriers. Clients appreciate the efforts of Jean Kiddoo, Catherine Wang, who represents Deere & Company, and William Wilhelm, who represents Vonage.

Cravath, Swaine & Moore LLP’s integrated telecoms transactional team is recognized for its M&A and capital markets work, representing telecoms providers and the banks financing the deals. The group handles high-profile, big-ticket work with M&A practice head Richard Hall acting as US counsel to British Sky Broadcasting Group in News Corporation’s $11.5bn aborted bid to acquire the remaining shares of BSkyB. George Schoen represented JPMorgan, as financial advisor to the Special Committee of XO Holdings, in connection with the sale of XO holdings to ACF Industries Holding Corp. Damien Zoubek and Scott Barshay represented Qualcomm in its $3.1bn acquisition of Atheros Communications. International capital markets work included representing Time Warner Inc. in its $1bn registered debt offering, and representing the underwriters (led by Deutsche Bank and Morgan Stanley) in the €759m 144A/Reg. S initial public offering of Kabel Deutschland Holding, Germany’s largest cable television operator. Craig Arcella represented the initial purchasers (Credit Suisse, Barclays Capital and Goldman, Sachs.) in connection with the $475m 144A/Reg. S high-yield senior debt offering of Buccaneer Merger Sub, which subsequently merged with Syniverse Holdings.

Dentons handles a wide range of telecoms-focused transactions. Denise Tormey and Joseph Schmitt in New York represented Mediacom Communications Corporation in a “going private” transaction with Rocco B Commisso, the company’s founder, chairman and chief executive officer. The $381.5m transaction was structured as a merger of Mediacom with a newly-formed company controlled by Commisso. The firm represented Zarlink Semiconductor, the Ontario-based provider of mixed-signal chip technologies, in connection with all US legal matters, including its takeover by Microsemi Corporation. In Washington DC, Douglas Bonner and his team assisted Nokia with establishing the Car Connectivity Consortium, a standard setting organization consisting of more than 30 automobile, automotive electronics, and smartphone manufacturer industry members, which is establishing a specification for the integration of smartphone applications with automobile infotainment systems. Todd Daubert acted for Mobi PCS on the formation and certification of a MVNO to serve Hawaii.

O’Melveny & Myers LLP transactional group handles international broadcasting transactions relating to sport and entertainment, winning praise for its ‘superb advice, consistently quick feedback and much appreciated practical approach’. Sean Monroe in Century City represented Shine Group, the UK’s largest independent production company, on the US aspects of its $471m acquisition by News Corp. ‘Outstanding partner’ Joseph Calabrese ‘is always extremely well prepared, which makes his position difficult to challenge’. Together with Christopher Brearton, he advised the International Olympic Committee on awarding US media rights to the 2014/2016 and 2018/2020 Olympic Games to NBCUniversal in an arrangement reportedly worth $4.38bn. Brearton, who ‘has superior drafting skills and is extremely thorough in his analysis of long and complex transactional documents’, represented Univision in its bid for the Spanish-language US rights to broadcast the 2018 and 2022 World Cup.

Paul Hastings LLP brings its regulatory expertise to bear on a broad cross-section of transactions involving wireless spectrum and telecommunications assets for FCC licensed companies. In 2011, the team was strengthened by the arrival of Eric Greenberg from Covington & Burling LLP and associate Matthew Gibson from Wiley Rein LLP. Greenberg’s transactional and media industry expertise cements the firm’s integration of its corporate and communications platforms. Greenberg represented LIN Media in fashioning a novel multi-station, multi-market shared services arrangement whereby LIN Media would provide technical, administrative and strategic services to ACME Television’s stations. He then coordinated LIN’s acquisition of two of the stations in compliance with FCC ownership rules. Greenberg and his team also represented LIN Media in its acquisition of a majority stake in Nami Media, which develops online applications to manage and monetize advertising inventory. Tara Giunta and her team advised Ridgemont Equity Partners on FCC and national security regulatory issues in connection with the formation of a new fund. Carl Northrop left to establish boutique Telecommunications Law Professionals.

Proskauer Rose LLP’s partners win praise for their ‘legal and business perspective, industry knowledge and relevant, practical advice that helps anticipate future issues’. The highly respected co-head of the technology, media and communications group, former computer scientist Jeffrey Neuberger operates at the intersection of technology, telecoms and broadcast, applying new media, data privacy and security expertise to the telecom and broadcast sector. In 2011, he advised Time Warner Cable’s news channel NY1 News on upgrading center-switching technology from analog to digital format. He also represented a major national cable operator in the development of apps, widgets and other programs to distribute video content across different consumer electronics applications. Clients recommend Robert Freeman as ‘creative, with a strong understanding of the industry and the players; prompt, business savvy and a pleasure to work with’. Freeman represented Scripps Interactive Networks in complex corporate and content distribution matters, including traditional MVPD distribution and new media platform distribution, with distributors including ATT, DISH, Cablevision and Comcast. He also represented Discovery Communications in the structuring and negotiation of a joint venture with Sony and IMAX to launch the first 24/7 dedicated 3D television network in the US. A prestigious client list includes Insight Communications, XOS Technologies, Cablevision and T-Mobile.

Shearman & Sterling LLP’s global media, entertainment and telecom group handles big-ticket, fast moving transactions for institutional clients. In 2011, Samuel Waxman led a team representing Sony as part of a consortium that acquired Nortel’s remaining patents and patent applications for $4.5bn. Practice head Christa D’Alimonte advised The McGraw-Hill Companies, in the $212m sale of McGraw-Hill Broadcasting Company to Scripps Media. Recently promoted partner David Connolly represented Thomson Reuters in the sale of its BarBri bar exam preparation business, and advised Viacom and Fenway Sports Group, which owns New England Sports Network. The group benefits from the firm’s breadth of expertise and geographical spread – including a particularly strong London office – and its ties to investment banks. Michael Benjamin and Robert Evans represented Bank of America, Merrill Lynch and JPMorgan in two transactions totaling $1.25bn related to AMC Network’s spin-off from Cablevision Systems Corporation. The first was as joint bookrunning managers in connection with high yield senior notes offerings by AMC Networks, and the second was as joint dealer managers and solicitation agents in connection with a tender offer and consent solicitation for all outstanding high-yield senior notes by Rainbow National Services and RNS Co-Issuer Corporation.

Steptoe & Johnson LLP’s transactional work is supported by its regulatory prowess, representing many of the world’s leading and most innovative companies in the wireline, wireless, satellite, media, and internet sectors Pantelis Michalopoulos in Washington DC and his team handled prominent, big-ticket transactions, notably representing DISH in its efforts to win approval for the acquisition of control of NBSD and TerreStar, in two $1.4bn transactions. The group defended DISH against Sprint’s claim for more than $200m in costs for clearing certain electromagnetic frequencies in a dispute that eventually settled. Other highlights included representing Echostar in the acquisition of Hughes Satellite.

Weil, Gotshal & Manges LLP’s telecom and broadcast transactional group handles big-ticket media transactions. Led by Howard Chatzinoff and Frederick Green, co-chairs of the firm’s M&A practice, it represents prominent industry players and large investors making acquisitions in the communications space. Key members of the New York-based team include private-equity specialist Michael Weisser and IP media specialists Michael Epstein, Jeffrey Osterman and Charan Sandhu. Chatzinoff and Raymond Gietz represented Citadel Broadcasting Corporation, the third-largest radio group in the United States, in its $250m merger with Cumulus Media. The practice handles cross-border and international work, with Michael Aiello leading a team that represented HIT Entertainment in its $680m purchase by Mattel. An international team, which includes several New York partners, is advising Mubadala on its role in the Sony-led consortium’s $1.9bn purchase of EMI Group’s music publishing operations.


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you prepared for 
a dawn raid?

    WilmerHale currently authors the Fraud and Corporate Crime section of The In-House Lawyer magazine. For more information and articles from this author click here .
  • International shipment of waste: transporters beware

    Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here
  • Cyprus Shipping Industry : Business as usual. Why despite recent events Cyprus remains an internatio

    Cyprus is the third most populated island in the Mediterranean Sea. It is strategically located at the crossroads of Europe, Africa and the Middle East. Traditionally Cyprus has always been at the heart of the seafaring trade and therefore always functioned as an important centre for trade and commerce. Today as a member of the European Union it remains an optimal business base. It is one of the most attractive locations for foreign investments worldwide. Foreign companies have been given the opportunity to invest and establish business in Cyprus on equal terms with local investors as no distinction is made between foreign and Cypriot companies.
  • FOREIGN EXCHANGE OPERATIONS

    The excellent support system in combination with the ideal jurisdiction provided in Cyprus set the country in the list of the most desirable countries through which you can offer foreign exchange operations. In addition, the accession of Cyprus within the European Union and, most importantly, the extremely beneficial economic advantages available due to the low costs and the outstanding taxation, create a covetable environment for foreign investors.
  • National public order. Adoption of the Draft

    The Presidium of the Supreme Commercial Court of the Russian Federation (hereinafter - SCC RF) adopted by the Informative Letter No. 156 dated the 26th of February, 2013 (hereinafter - the Informative Letter) on Review of the consideration by arbitrazh courts of the cases on the implementation of the public order clause as the ground for rejection of the recognition and enforcement of the foreign court decisions and arbitral awards.
  • China Customs New Interpretation

    For many products, tariff classification can be technically complex, confusing, and subject to multiple interpretations. Often several different Harmonized System Codes ("HS Code") may seem applicable for one given product with different tariff rates. Tariff classification is indeed a process of application of customs classification rules, including customs rulings and decisions, and misclassification may trigger severe legal consequences. The sad fact is, unfortunately, that many companies rely on non-legal professionals to determine the HS Codes for imports or exports. A recent interpretation issued by the General Administration of Customs of China ("GACC") (Circular No. [2012] 495 Shu-Fa-Fa) (the "Interpretation") reinforces the process of tariff classification as a legal matter, and formulates the test as to what counts for regulatory violation if tariff classification rules are improperly applied by the importer or exporter in a given case. If the legal defense is successful, misclassification may only be treated as a non-violation misclassification, with the possible obligation to pay up additional customs duties, if any, but without administrative or criminal consequences. The Interpretation took effect as from February 1, 2013.

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