United States > Media, technology and telecoms
Overview
The hi-tech and telecoms sectors are leading the way out of the recession driven by technological advances and market convergence, and 2010 was a particularly active year for firms specializing in these areas. Major themes include the digitization of content across different platforms, interactive ways of delivering, promoting and utilizing content and a sharp focus on data and security. Consumer technology trends are spilling over into business, and organizations are leveraging technology through outsourcing and joint ventures. Cloud computing is changing the way businesses and individuals are using technology. The fast-moving telecoms and broadcast sector has seen an uptick of work for transactional lawyers, focusing on big-ticket M&A and local and international joint ventures. The regulatory environment has focused on data protection and privacy, particularly online as well as ownership issues in the telecoms and broadcast sector.
These trends are particularly relevant to advertising and marketing, as consumer brands compete for customers by leveraging sophisticated interactive media. 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 2010 focused on regulating advertising practices across new media platforms – including social networks – notably targeted and behavioral advertising.
Advertisers require advice on the legitimacy and defense of their advertisements and potential challenges to competitors’ advertising. Particular areas of focus for advertising lawyers include healthcare, financial services and retail, marketing to children, and multi-platform promotions.
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) Act, 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 and the regulation of privacy on the internet are key considerations. Data transfers, data-security assessments and breaches, FTC regulatory investigations and data protection policies are significant sources of work. Cloud computing and social media add new dimensions to an already complex area.
Outsourcing continues to be a hot topic. Firms handle the contractual and strategic elements of major outsourcing deals, generally working on the customer side. In 2010, work focused on multi-sourcing and replacing and renegotiating existing outsourcing arrangements, often consolidating services with a single provider. As their existing IT investments reach end of life, businesses are looking to outsource non-core services to achieve cost savings and efficiencies. The biggest most complex deals tend to be handled by dedicated individuals with recognized expertise working at firms with the size and international bandwidth to put together complex, multinational outsourcing arrangements. Consequently, leading names attract a loyal client following and prestigious work and lateral moves make a significant difference to firms and their position in the market.
2010 saw numerous firms involved in technology transactions ranging from serial high-value acquisitions by leading global names, infrastructure investments that had been delayed by the recession and innovative start-ups merging and engaging in joint ventures to activity in specialist areas such as cleantech, biotech and life sciences. The increasing convergence of IT, telecoms and media, the growth of cloud computing and innovation have kept the market buoyant. The work that firms do in this area depends on 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. Firms ranging from global players to specialist boutiques advise leading industry players on proposed regulations around online activities and topical issues such as net neutrality and spectrum allocation.
Firms that include lawyers with FCC experience can provide 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 between different elements of a dynamic industry. Companies looking for regulatory and 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 activity is producing an increase in regulatory work.
The ability to offer both transactional and regulatory expertise does not necessarily define the most successful practices, as some clients retain separate transactional and regulatory counsel. The tables focus on firms with dedicated expertise, and so may omit some larger firms, despite the fact that their corporate partners act on large transactions in this space. Strong transactional firms and firms that offer specialist expertise in particular areas are commonly involved in telecoms transactions. Increased deal activity was driven by market consolidation and joint ventures between complementary providers to offer different content and other resources via mobile phones. Convergence between the telecoms, broadcast, cable and media industries has produced a stream of 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. There were also more transactions involving telecoms providers and broadcasters in different jurisdictions. This trend gives firms with a strong international presence an advantage over local boutiques.
Marketing and advertising
Index of tables
Marketing and advertising
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Leading lawyers
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- Kenneth Florin Loeb & Loeb LLP
- Linda Goldstein Manatt, Phelps & Phillips, LLP
- Brian Heidelberger Winston & Strawn LLP
- Jeffrey Knowles Venable LLP
- Rick Kurnit Frankfurt Kurnit Klein & Selz
- Brendan O’Rourke Proskauer Rose LLP
- Lewis Rose Kelley Drye & Warren LLP
- Norman Simon Kramer Levin Naftalis & Frankel LLP
- Ronald Urbach Davis & Gilbert LLP
- John Villafranco Kelley Drye & Warren LLP
- Harold Weinberger Kramer Levin Naftalis & Frankel LLP
- Lawrence Weinstein Proskauer Rose LLP
- Douglas Wood Reed Smith LLP
- Steven Zalesin Patterson, Belknap, Webb & Tyler
New York advertising, marketing and media boutique Davis & Gilbert LLP advises on the creation, production and dissemination of advertising across all media, focusing on interactive technology and consumer generated content. Clients rely on the ‘top-notch’ firm for ‘complex risk assessments and navigating difficult situations’. Lawyers are commended as ‘responsive and timely with sound, pragmatic advice, but tough when necessary’. The 19-partner group focuses primarily on transactions and counseling. Contentious work includes false advertising cases and cases of first impression involving unsolicited advertising, internet advertising and pre-sale promotional trade mark use. The practice advises industry trade associations, notably the American Association of Advertising Agencies (AAAA) and the American Advertising Federation (AAF) in filing formal comments to the FTC regarding proposed changes to its environmental marketing guidance and negotiating the new standard terms and conditions for internet advertising, which were facilitated and endorsed by the major trade associations for the advertising industry and digital web publishers. Clients include leading advertising agencies BBDO Worldwide, J Walter Thompson, Ogilvy & Mather and TBWA Chiat Day and global brands MTV Networks, Apple, Affinion and Nissan. In 2010, the litigation team successfully defended helmet manufacturer Cascade Sports before the NAD in an advertising challenge brought by Bauer Hockey. Marc Rachman represented Harpo, owner of the Oprah trade marks, and Dr Oz against over 40 manufacturers and marketers of products containing unauthorized use of Oprah and Dr Oz’s names, images or likenesses. The case settled in September 2010. Clients recommend practice head Ronald Urbach as ‘best in the field – responsive, knowledgeable, practical – and a pleasure to work with’. James Johnston’s ‘entertainment background and calming approach’, Joseph Lewczak’s ‘broad knowledge base’, Howard Weingrad’s ‘astute business approach’, and ‘strong all-rounder’ Richard Eisert are also praised.
Frankfurt Kurnit Klein & Selz is considered ‘top of the line’ with ‘smart and practical lawyers who respond quickly and aggressively,’ with advice on all aspects of advertising, ranging from agency formation and M&A to helping advertisers and agencies adapt their agreements and business models to new media and emerging technologies. It clears creative work and advises on cutting-edge marketing communications which avoid infringement claims and regulatory problems. Combining ‘terrific skills and a great spirit for new paradigms’ with intellectual property expertise, the practice provides a valuable perspective on the convergence between marketing and entertainment, product placements, sponsorship, celebrity endorsements, and interactive and behavioral advertising. Clients include over 100 advertising agencies, notably AKQA, RGA, Digitas, Anomaly, Droga 5, evb, Firstborn and Crispin Porter & Bogusky; top brands including Nike; and agency bodies AAAA, ANA and the Society of Digital Agencies. Rick Kurnit is respected by peers and clients for his experience and industry expertise. Candice Kersh is ‘incredibly smart and experienced with great people skills.’ Brian Murphy advises on complex promotions, user-generated content, social networking, and interactive, mobile, and emerging content platforms. Jeffrey Greenbaum is commended for his ‘deep knowledge of regulatory issues’. Gavin McElroy is praised for his ‘negotiation skills’. Leading entertainment partner Richard Hofstetter advises on the marketing and promotion aspects of unscripted TV. In 2010, the team was bolstered by Terri Seligman from Manatt, Phelps & Phillips, LLP. IP litigator and copyright expert Edward Rosenthal is also recommended.
Kramer Levin Naftalis & Frankel LLP’s eight New York partners provide ‘pragmatic advice, coupled with deep knowledge of advertising law,’ to leading pharmaceutical and consumer products companies, retailers and software firms on claim substantiation and advertising clearance, and handle high-profile litigation. Practice head Harold Weinberger, an ‘extremely intelligent and responsive’ litigator, is respected for upholding the ‘highest ethical standards’ and ‘quickly penetrating technical detail’. His team won a landmark victory for PBM Products in a rare jury trial of a Lanham Act false advertising case. The court found Mead Johnson liable for falsely claiming that store brand infant formula manufactured by PBM Products was nutritionally inferior to Mead Johnson’s products. PBM was awarded $13.5m in damages, and Mead Johnson’s $40m counterclaim was completely dismissed (the case has since gone to appeal). It represented Neutrogena in a litigation battle against Schering-Plough, maker of Coppertone, regarding the ingredients of Neutrogena’s sunscreen products. Donald Rhoads and Christopher Colvin won a major false advertising victory for Bracco Diagnostics against GE Healthcare regarding the purported superior safety of GE’s x-ray contrast agent Visipaque over Bracco’s competing Isovue product. The practice successfully defended Procter & Gamble’s Tampax Pearl tampons against ongoing advertising challenges by Playtex Products. Weinberger and Norman Simon successfully represented advertisers, notably McNeil-PPC and The Dannon Company, in challenges before the NAD and the National Advertising Review Board (NARB). Other key clients include Johnson & Johnson, and AstraZeneca. Jennifer Rochon and Kerri Ann Law are also recommended.
Patterson, Belknap, Webb & Tyler’s experienced team, led by litigation chair Steven Zalesin and supported by the firm’s wider IP strength, represents consumer products companies in Lanham Act disputes and before the NAD and FTC. Of counsel Christine Miller, who heads the firm’s advertising counseling and NAD practice, also advises on advertising substantiation and network clearance. In 2010, Zalesin and his team successfully represented Coca-Cola in a false advertising suit brought by the makers of the pomegranate juice POM Wonderful. The practice successfully defended Burt’s Bees’ claim that its natural toothpaste is clinically proven to improve oral health against a challenge before the NAD, which also upheld Burt’s Bees’ dentist endorsement claim. Other clients include The Dial Corporation, L’Oreal/Maybelline, Priceline.com, Spectrum Brands, Johnson & Johnson and Ethicon Endo-Surgery.
Proskauer Rose LLP’s 18-partner advertising litigation practice works out of New York, Boston, Washington DC and Los Angeles. Led by ‘superb, experienced practitioners and excellent trial lawyers’ Lawrence Weinstein and Brendan O’Rourke, the group handles competitor claims under the Lanham Act, consumer class actions governed by state laws, proceedings before the NAD and FTC challenges. Patents and technology are particular areas of strength. The group successfully represented longstanding client Church & Dwight in a state law consumer class action false advertising suit in the Northern District of California, and is representing Dyson in a Lanham Act false advertising suit against Garry Vacuums and Envion. The team’s representation of the US Green Building Council, the developer and administrator of the LEED environmental certification rating program, points to its green advertising law expertise. Other clients include Bausch & Lomb, T-Mobile USA, PepsiCo, Georgia-Pacific, Playtex Products, Diageo, PPL, Merix Pharmaceuticals and new client Time Inc. Lawrence Weinstein, Brendan O’Rourke, Michael Mervis and Baldassare Vinti are recommended. According to one client, ‘the level of service is superb. It goes out of its way to help its clients fully understand how the law applies to marketing/advertising’.
Reed Smith LLP’s multidisciplinary advertising, technology and media group has over 60 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 Publicis Groupe, Reebok, Viacom, Sony, Nickelodeon, Fox Television and MTV Networks. Practice head Douglas Wood in New York is described as ‘practically a brand name in the industry’ and recommended for his ‘astounding acumen and insight into negotiations and legal theory ‘, alongside ‘online advertising expert’ Joseph Rosenbaum. Wood is general counsel to industry bodies the Association of National Advertisers, the Advertising Research Foundation and The Advertising Council, and Rosenbaum is general counsel to the Interactive Advertising Bureau. Wood is also the advertising industry’s lead negotiator for the 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). The practice is recognized for its expertise in internet, copyright and intellectual property law. It handles celebrity endorsements, notably for Lancôme and Prestige, as well as advertising clearance, licensing and multi-platform promotions, focusing on digital, online and social media, particularly online gaming, e-commerce and behavioral advertising. Rosenbaum advises on integrated advertising involving product placements in games and virtual worlds for clients including Electronic Arts, Viacom, MTV Games and Clash Media. Regulatory work for the firm has increased, notably in the pharmaceutical and financial services sectors. John Feldman and his team in Washington DC represented CVS Caremark in negotiations with the FTC and compliance with consumer privacy regulations.
Venable LLP’s 34-partner advertising practice in Washington DC, New York and Los Angeles handles regulatory, transactional and litigation work. Lawyers win plaudits for ‘business acumen, industry knowledge and terrific response times’. Practice head Jeffrey Knowles, who ‘attacks matters with a combination of thoughtful strategy, raw aggression and limitless energy’, is recognized for his expertise in direct response advertising and advertising compliance, reviewing television and radio scripts, internet and direct mail advertisements. The group in Washington DC is recognized for its ‘deep domain expertise and an excellent reputation with government policymakers’, and represents nearly every marketing industry association, as well as coalitions lobbying for industry self-regulation of online marketing and seeking to shape the FTC’s revised endorsements and testimonial guidelines. Internet advertising and behavioral marketing are particular focus areas, with clients including Verizon Communications and Google. Stuart Ingis played a key role in DMA’s formulation of an industry self-regulatory program for behavioral marketing on the internet. Litigation head Roger Colaizzi is commended for his ‘ability to handle complex litigation, separate law from business points and find strategic ways to settle disputes’. Contentious work includes IP disputes, Sherman Act claims and litigation involving the FTC and FDA. The group represented chicken producer Perdue Farms in an NAD false advertising challenge brought by the Animal Welfare Institute. Other areas of expertise include over-the-counter drug and dietary supplement advertising and financial services advertising, with Lanham Act litigator Thomas Gilbertsen, who joined from Kelley Drye & Warren LLP representing Bank of America. Also recommended is Melissa Landau Steinman, who advises on sweepstakes in the social media space. Other key clients include Amazon, American Express, Clorox, Guthy-Renker, Kerzner International, Marriott, New Look, NBC Universal, Reed Elsevier, The Sugar Association and Sony Ericsson.
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 regulatory prowess, with core strength in FTC matters and proceedings before NAD and NARB. Key clients include Burger King, Dell, Electrolux, Expedia, Nestlé HealthCare Nutrition and The Sherwin-Williams Company. Nine partners and ten associates work out of Washington DC, supported by special counsel August Horvath in New York. Regulatory work includes representing Pre-Paid Legal Services in negotiations with the FTC investigation regarding its advertising and privacy business practices. John Villafranco, who represents Sprint Nextel, wins plaudits from clients and peers. Dana Rosenfeld represented national pharmacy chain Walgreens in a settlement with the FTC regarding advertisements for “Wal-Born” dietary supplements. Practice head Lewis Rose and Food and Drug Administration (FDA) specialist Sarah Roller are defending Ocean Spray against claims by POM Wonderful alleging that labeling and advertising for Ocean Spray’s pomegranate and cranberry juice blend products violated the Lanham Act and California consumer protection laws. Gonzalo Mon, who has particular expertise advising on new media ad campaigns and promotions, and ‘rising star’ Alysa Hutnik, who focuses on consumer protection issues, were elected partner.
Loeb & Loeb LLP’s advanced media and technology group is ‘best in class on all fronts’. Providing expertise on marketing and advertising/regulatory, consumer protection defense and unfair competition, it combines litigation and regulatory strength with transactional prowess. Nineteen 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 ‘business-centered approach’. Michael Mallow in Los Angeles heads the recently established consumer protection defense and unfair competition group of experienced litigators who defend government enforcement actions and investigations and private class-action lawsuits that allege violations of consumer protection and unfair competition laws. Recent highlights include advising SC Johnson on social media and emerging media initiatives as well as brand integrations into traditional and online programming, and assisting Amazon.com and Facebook with international promotions. The practice continues to advise 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 for the launch of this interactive service provided by several cable companies. It is advising longstanding client Comcast on numerous social media promotions and mobile marketing initiatives. Contentious work included representing the National Pork Producers Council before the US Trademark Trial and Appeal Board (TTAB) in successfully challenging an application to register “The Other Red Meat” based upon a claim that the mark would dilute the distinctiveness of the mark “The Other White Meat”. This was the first TTAB decision upholding a trademark dilution claim in seven years. The team successfully defended Toyota Motor Sales USA in two class actions. Other clients include IPG Companies, Saatchi & Saatchi, Digitas, Dell, Canon, T-Mobile, Seagate Technology and Visa. Clients recommend New York-based practice co-chair Kenneth Florin as ‘extremely smart, timely, client-friendly and cost effective’. Practice co-head James Taylor ‘can always find a reasonable solution that works for all parties’. Rob Andalman in Chicago is ‘creative, exceptionally smart, strategic and responsive’. Clients have ‘absolute confidence’ in trademark litigator Tamara Carmichael. Daniel Offner, who heads the interactive entertainment practice, joined from Nixon Peabody LLP.
Manatt, Phelps & Phillips, LLP’s 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. Although the practice is best known for representing major brands, it also acts for advertising agencies, with Jeffrey Edelstein in New York providing ongoing advice to The Martin Agency, most recently on AOL’s “Safe Social” program. In addition to transactional and compliance work, the group advised on sponsorship, event marketing, brand integration, celebrity endorsements, alternative advertising and user-generated content, social media policies, sweepstakes and competitions. The proliferation of false advertising cases continues, and in 2010 the group handled over 20 NAD challenges. New York-based practice head Linda Goldstein and Christopher Cole in Washington DC ‘have excellent knowledge of marketing and advertising laws, are very responsive and understand the need to provide value in a cost effective manner’. Highlights included handling NAD actions for Kimberly-Clark Corporation (KCC), notably successfully challenging advertising claims by Procter & Gamble concerning its Dry Max diapers. Edelstein and Angela Hurdle successfully defended Schick safety razors against an NAD action brought by Gillette. Goldstein led a team providing legal and regulatory guidance to Sales Portal on the launch of its novel lead generation product. Transactional highlights included acting for Diageo negotiating financing, production and distribution deals for a new reality show. The practice successfully defended General Mills in a putative class action lawsuit claiming that an on-pack game can fall within the purview of the gambling laws. Other key clients include AT&T, Best Buy, Coca-Cola, DIRECTV, Electrolux, Expedia, Live Nation and MillerCoors. In 2010, Thomas Morrison, from Patterson, Belknap, Webb & Tyler, and Marc Roth, from Time Warner subsidiary Synapse Group, joined the team. Terri Seligman left to join Frankfurt Kurnit Klein & Selz.
Clients commend Morrison & Foerster LLP’s 20-strong team as ‘outstanding value, highly responsive and knowledgeable’. The California contingent handles false advertising cases on Lanham Act issues and California Business & Professions Code §17200 and §17500 disputes. D Reed Freeman and Julie O’Neill in Washington DC ‘render relevant and cost conscious advice’ on national advertising and FTC matters. Clients appreciate Freeman’s ‘unique expertise’ on internet and behavioral advertising. Freeman and O’Neill counsel clients including Dotomi, Experian Digital Advertising Services, 33 Across and Adchemy on online advertising regulation. William Stern and his team in California handle cases brought by the Surgeon-General in relation to health claims made in advertising. The practice successfully defended Unilever in two long-running class actions filed in the Northern and Central Districts of California regarding Unilever’s advertising of its vegetable oil spreads “I Can’t Believe It’s Not Butter!”, Imperial and Country Crock. The team is representing virgin olive oil importers in class actions pending in California, Florida and Wisconsin claiming that importers market and sell inferior products labeled as “extra virgin” olive oil. David McDowell successfully defended Target against claims regarding sales tax and a proposed class action regarding “Made in the USA” labels Other clients include Netflix, Expedia, LensCrafters, Fujitsu America, Palm and Arbitron. Penny Preovolos in San Francisco is ‘extremely knowledgeable about consumer class action cases, false advertising claims’.
Sheppard, Mullin, Richter & Hampton LLP’s marketing and advertising practice is recommended for its ‘short turnaround times and business acumen’, advising brand manufacturers, web operators and agencies on sports, entertainment and interactive marketing. Practice head Robert Darwell and partners Shaun Clark, in Los Angeles, and Benjamin Mulcahy, in New York, are supported by the firm’s media and entertainment prowess. The practice advises major motion picture studios and brand manufacturers on joint promotion campaigns across all media platforms as well as handling sports-related advertising and promotional work. Highlights included advising Summit Entertainment on major promotional initiatives for the movie The Twilight Saga: New Moon, Lions Gate Films on promotional campaigns for the DVD release of Mad Men and the theatrical release of motion picture titles, including Daybreakers, The Warrior and Kick Ass, and Paramount Pictures’ on promotional initiatives for movies Up in the Air, Transformers: Revenge of the Fallen and The Last Airbender. Deals with promotional partners included General Motors, American Airlines, LG, M&M Mars, Burger King, 7-Eleven and McDonald’s. Sports marketing expert Benjamin Mulcahy is recommended for his ‘amazing insight and thorough knowledge’. He represents MillerCoors on numerous initiatives, including deals with the New York Jets, New York Giants, San Francisco 49ers and the San Francisco Giants, and negotiated advertising agreements on behalf of the Rose Bowl to pay for the stadium’s renovations. Work at the cutting edge of marketing and technology has focused on online and mobile content and data privacy. The group successfully represented Williams-Sonoma Stores in an advertising/data privacy class action that is currently pending before the California Supreme Court. Other clients include Ogilvy & Mather, CBS Films, Auditude, Coty and Liz Claiborne.
Winston & Strawn LLP provides ‘stellar service’, 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, and trade mark and copyright review and litigation. In 2010 the ‘supremely knowledgeable’ Brian Heidelberger became chair of the advertising, marketing and entertainment practice. Commended for his ‘insightful, prompt, cost effective advice’, he successfully represented Office Depot in two false advertising cases before the NAD. Heidelberger won a major victory for NBA all-star Chris Bosh in a domain name infringement claim against a cybersquatter, winning a substantial monetary judgment, the return of his domain name and almost 800 domain names of other athletes. Transactional work included representing the promotional agency that designed and administered LG National Texting Championships. Other clients include Taco Bell, QIP Holders, Toyota, Motorola, Pepsi, McDonald’s, Wrigley, Nestlé and Spin Master. Liisa Thomas specializes in copy clearance, trademarks and youth marketing. Ronald Rothstein handles major false advertising cases. Brian Fergemann is recommended ‘for network clearance of advertising materials’.
Covington & Burling LLP advises on the interface between marketing and privacy issues, focusing on FTC self-regulatory guidelines, and CAN-SPAM and rules around e-mail and mobile marketing. Commended for its ‘fast response and industry knowledge’, the group is underpinned by the firm’s strong practices in data protection and privacy and transactional prowess in technology and telecoms. It frequently represents clients in appearing before Congress, state attorneys general and regulatory agencies. The firm advises advertisers, internet service providers and software vendors on technology-driven marketing activities, notably online behavioral advertising, text message advertising, and the use of alternative distribution platforms for data collection and transmission as well as reviewing advertising copy. Erin Egan and Yaron Dori in Washington DC advised Ann Taylor and Hulu on delivering marketing initiatives via third-party social media platforms. 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 call center operations in US and non-US jurisdictions. A prestigious client list includes Microsoft, GlaxoSmithKline and King Pharmaceuticals.
Dewey & LeBoeuf LLP’s ‘responsive, thorough and savvy’ media and entertainment practice and intellectual property transactions group bring together expertise in trademark, copyright, advertising and privacy, advising one of the world’s largest consumer products companies on its diverse portfolio. Clients commend its lawyers’ ‘top-notch litigation skills’. The practice focuses on integrated marketing campaigns designed to communicate a consistent multimedia message across traditional and new platforms with a particular focus on targeted advertising, mobile devices, including tablets and interactive advertising including new developments such as click-over TV. Doron Goldstein and practice co-head Stanton Lovenworth advised on contracts relating to a variety of campaigns notably for Sun Products. As well as representing banks, insurance companies and power companies, the practice undertakes pro bono work for Seven Bar Foundation. Jeffrey Kessler and David Feher are ‘smart, detail oriented and responsive both on substance and timeliness’, and commended for their ‘strong industry knowledge’.
Foley & Lardner LLP is a leading IP firm, which provides advice to advertisers on trademark and brand issues. A ‘knowledgeable, competent and professional’ team led by Craig Fochler in Chicago continues to represent Alberto-Culver in global a TRESemmé hair care false advertising claim brought by Procter & Gamble in South Africa, Spain and Mexico. Fohler has handled numerous foreign trademark litigation cases for 7-Eleven. In New York, practice head Jeffrey Green advises Citigroup on trademark and related issues in over 100 countries worldwide, while Jonathan Moskin represents QVC. Other clients include Calvin Klein, Colgate-Palmolive, Mattel, Motion Picture Association of America, Priceline, QVC and Yahoo!.
At Kirkland & Ellis LLP, practice head Ross Weisman’s 15-strong team in Chicago, Washington DC, New York and Los Angeles is supported by the firm’s national footprint and core strength in IP, technology and science. Work undertaken includes investigating, prosecuting and defending advertising, marketing and unfair competition claims. The group is commended for its ‘exceptional knowledge and expertise’ and has an impressive track record of handling litigation and NAD work for high-profile advertisers. In 2010, Weisman and David Callahan secured a substantial victory in a federal district court action for Dyson, maker of the Airblade hand dryer. Tom Monagan focuses on Lanham Act litigation.
Technology: data protection and privacy
Index of tables
Technology: data protection and privacy
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- Debevoise & Plimpton
- Dewey & LeBoeuf LLP
- Edwards Angell Palmer & Dodge LLP
- Fulbright & Jaworski LLP
- Jones Day
- Kelley Drye & Warren LLP
- Latham & Watkins LLP
- Mayer Brown
- McDermott Will & Emery LLP
- Pillsbury Winthrop Shaw Pittman LLP
- Proskauer Rose LLP
- Reed Smith LLP
- Skadden, Arps, Slate, Meagher & Flom LLP
- Winston & Strawn LLP
Leading lawyers
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- J Beckwith Burr WilmerHale
- Erin Egan Covington & Burling LLP
- D Reed Freeman Morrison & Foerster LLP
- Jim Halpert DLA Piper LLP
- Brian Hengesbaugh Baker & McKenzie
- Stuart Ingis Venable LLP
- Ieuan Jolly Loeb & Loeb LLP
- Mark Plotkin Covington & Burling LLP
- Andrew Serwin Foley & Lardner LLP
- Lisa Sotto Hunton & Williams LLP
- Marcy Wilder Hogan Lovells US LLP
- Miriam Wugmeister Morrison & Foerster LLP
Covington & Burling LLP advises on legal, regulatory and legislative matters involving the privacy and security of customer, employee and business information, online advertising, efforts to combat online threats, and related technology and internet law issues. Based in Washington DC, the practice has strong links with government organizations, notably the FTC. Its representation of multinational and global clients is bolstered by its international presence and it is commended for its ‘solutions-oriented approach’ and ‘balancing legal and business considerations’. Supported by excellent connections in the communications and media industry and a strong technology practice, the group advises customers and suppliers in the IT industry and leading players in healthcare and finance. In 2010, practice head Erin Egan advised Facebook on the implications of US and European privacy laws on new Facebook features. Together with telecoms expert Yaron Dori and David Fagan, who specialize in data security, Egan and her team continue to advise longstanding client Microsoft on data protection and compliance matters, including submissions to the FTC and FCC on cloud computing and children’s privacy. The team has a strong foothold in the pharmaceutical and retail sectors, where it has advised multinational clients, notably Procter & Gamble on the privacy implications of cloud computing and online advertising, call interception and recording laws affecting its call center operations in the US and abroad, data security-related matters, and vendor outsourcing arrangements. Other clients include Expedia, Yahoo!, Ann Taylor, King Pharmaceuticals, Schering-Plough and Qualcomm. Dori, who advises TDS telecom on customer data issues, is recommended for his ‘broad expertise’ on data privacy, telecommunications and technology. Mark Plotkin specializes in financial services regulation, IT and national security and foreign inward investment.
DLA Piper LLP’s data protection and privacy group is deeply involved in the evolution of data protection and privacy law at the international, federal and state levels. Its significant Washington DC presence is supported by an extensive national and global footprint. Commended for its ‘practical, actionable, comprehensive guidance’, the group advises on a broad range of privacy issues, assisting with compliance strategies and policies, regulatory investigations and transactional support and litigation. It represents both technology providers and customers, and handles international and cross-border matters, including data transfers and breaches. The group has particular strength in the financial services sector with regulatory and government affairs practice co-chair Thomas Boyd ‘a valuable legal adviser, who is mindful of issues that are important to clients’, providing privacy counsel to the National Business Coalition of leading investors and corporations, as well as advising global financial services organizations, notably Royal Bank of Scotland and Experian, on privacy related issues, including domestic/international data compliance and public policy. The group advises large IT and corporate clients on managing risk and security and dealing with data breaches. Jim Halpert in Washington DC, who is ‘adept at providing guidance about the broader legislative and regulatory landscape’, is counsel to the State Privacy and Security Coalition, the leading technology coalition on privacy, security, consumer protection, marketing, child online safety and internet advertising. Boyd and Heidi Salow, recommended as ‘responsive, helpful and a pleasure to work with’, assist Vanguard with data protection compliance for major global outsourcings, maintaining a privacy-compliant international investigations policy, and employee privacy issues. Litigator Michael O’Neil in Chicago defended one of the three US credit bureaus in a multi-district federal court class litigation challenging the disclosure of information in target marketing lists. Key clients include Alcatel-Lucent, Symantec, Kodak, GE and Verizon.
Hogan Lovells US LLP’s privacy and information management practice group is led by the ‘smart, knowledgeable’ Christopher Wolf and healthcare privacy expert Marcy Wilder in Washington DC. They ‘are always timely, have good industry knowledge and helpful contacts, and provide practical advice’. The practice remains at the forefront of FTC enforcement work and privacy work, handling prominent FTC investigations. Wolf represents leading privacy think tank the Future of Privacy forum, which is focused on emerging privacy challenges in FTC, FCC and NIST regulatory proceedings. The merger with Lovells has significantly extended the group’s global reach, creating the largest privacy practice in the US, which advises high-profile clients including News Corporation, and Wal-Mart on topical issues including behavioral advertising, the Smart Grid, health information privacy and security, and mobile applications. International data transfer privacy specialist Lynda Marshall is recommended. The group maintains a market-leading position in healthcare-related privacy work, advising on HIPAA-related matters and the implications of the Health Information Technology for Economic and Clinical Health Act (HITECH) Act 2009, which addresses privacy and security concerns associated with the electronic transmission of health information. Wilder, who has ‘good contacts with regulators and helps manage incidents’, advises UnitedHealth Group WebMD, the leading provider of personal health records and on-line health information, on data privacy and public policy.
Hunton & Williams LLP’s dedicated privacy practice is led by ‘recognized expert’ and ‘fantastic lawyer’ Lisa Sotto, who is also managing partner of the firm’s New York office. Widely recognized as ‘the go-to firm for privacy matters’, and underpinned by the firm’s geographic reach, the team counsels clients across a wide range of industry sectors on compliance with international, federal and state statutory requirements, including those arising under the EU Data Protection Directive, HIPAA, GLBA, FCRA, CAN-SPAM, TCPA and state laws and regulations. The firm’s privacy think tank and consulting practice, the center for information policy leadership, which has been in existence for ten years, brings together companies, consumer leaders and senior policy makes to develop global privacy and data security strategies, shape privacy solutions and develop next-generation privacy principles for the digital age. Clients recommend the group as ‘top-rate for quality, efficiency and response time,’ for developing data management policies and avoiding and managing security breaches. Highlights included advising a global financial institution on US and EU data protection compliance issues in connection with new information products across multiple jurisdictions, and internet-related projects; and helping a multinational retailer establish a corporate-wide records management program and a global privacy and data security program. Behavioral advertising is another important area of focus. Recently promoted partner Aaron Simpson helps clients manage large-scale data security incidents and compliance with federal, state and international privacy and data security requirements. The practice represents banks and financial services companies, electronic publishers, retailers, risk management specialists, healthcare providers, telecoms and internet service providers and government agencies. Clients include GE, Polo Ralph Lauren, TJX, MasterCard, Alaska Air, Philips, Macmillan and Farmers.
Morrison & Foerster LLP’s global cross-disciplinary team of over 60 attorneys advise regulators and high-profile clients on prominent privacy, data protection and data security issues, and undertakes transactional and litigation support. The group’s strength is underpinned by the firm’s international presence and strong technology practice. Attorneys are at home with technological innovation and complex regulation and are recommended for their ‘depth of expertise and fast turn around’. Advice in 2010 focused on data security, social media, cloud computing, and the use of data modeling and algorithms to predict consumer behavior. Regulatory advice concentrated on the healthcare, financial and retail sectors. The fact that the group advises multinational companies and data protection authorities on the privacy implications of emerging technologies, notably the collection and use of consumer data for targeted advertising, is testament to its cutting edge expertise. Former FTC staff D Reed Freeman in Washington DC is recommended as ‘a veritable encyclopedia of marketing-privacy law’. Julie O’Neill 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 ‘knowledgeable, well-informed’ Andrew Smith and Rick Fischer advise banks, insurers, credit bureaus and other financial services providers on regulatory compliance, law enforcement, litigation and transactional matters. William Stern in San Francisco successfully defended Gap in the first identity theft case to be heard by the US Court of Appeals 9th Circuit. David McDowell in Los Angeles is defending Restoration Hardware in a putative class action alleging that it improperly collected personal information in connection with credit and debit card transactions. Practice chair and ‘top privacy practitioner’ Miriam Wugmeister in New York is respected by peers and clients alike. Recommended as ‘highly efficient and therefore economical in providing complex legal advice across jurisdictions’, the group’s prestigious client list includes Bank of America, Capital One Financial, Lexis-Nexis and Visa.
According to clients, WilmerHale’s interdisciplinary team, based in Washington DC, ‘provides the best view into the inner workings of US regulatory agencies’, combining litigation, regulatory, counseling and transactional expertise. E-commerce operators, communications and media companies, financial institutions, health care providers and retailers appreciate attorneys’ ‘business acumen, breadth of industry knowledge, and succinct, cogent advice’. National and cross-border privacy and data security issues are a particular focus as are regulatory proceedings around privacy and security rules, notably the development of a self-regulatory framework for behavioral advertising, the FCC’s customer proprietary network information (CPNI) rules, the FTC’s and Security and Exchange Commission’s document disposal rules, implementation rules for the Gramm-Leach-Bliley Act, and FCC rules regarding electronic surveillance. J Beckwith Burr, who has a valuable FTC background, is widely respected by clients and peers for her internet and online expertise. As well as providing ongoing advice to Facebook in connection with children’s privacy issues, behavioral targeting and European investigations, she advised Google on FTC policy development related to online behavioral advertising, the Department of Commerce/NTIA privacy policy paper and the reform of the Electronic Communications Privacy Act (ECPA). Clients appreciate David Medine’s ‘sensible balance between the regulatory and practical viewpoints’, regarding online, children’s, financial, student, and health privacy and compliance. His clients include online companies, major retailers, and financial services companies. ‘Exceptional lawyer’ Benjamin Powell ‘provides clear guidance on complex technological issues’.
Baker & McKenzie’s data protection and privacy practice is supported by the firm’s international footprint. Led by Brian Hengesbaugh in Chicago and Lothar Determann in Palo Alto, its global platform and resources enable it to handle major multi-jurisdictional and cross-border mandates, advising global corporates on complex privacy and information management. A prestigious client list features Bank of America, NetSuite, Priceline.com, Sony, Travelex Currency Services, Weatherford International and Yelp!. Bausch & Lomb is a new client. Hengesbaugh has an excellent market reputation for handling regulatory and transactional issues including cross-border data transfers, breach notification obligations, whistle-blower hotlines, 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 handles registration of US-based multinational companies for the EU-US Data Privacy Safe Harbor and related data protection and security compliance matters. Michael Mensik wins plaudits for his ‘valued judgment and expertise’ on outsourcing and data protection.
Led by San Diego-based Andrew Serwin, the founding chair of the practice and co-chair of the privacy litigation team, Foley & Lardner LLP is increasingly winning the respect and confidence of the market. Clients appreciate the group’s ‘excellent service, quick response times and terrific advice’. Serwin, who ‘understands business concerns and provides practical, to-the-point advice’, is recognized as a prominent figure in privacy and data security law. Highlights included providing strategic advice to new client eBay on its BCR application, along with ongoing compliance and litigation guidance. Chanley Howell and his team in Jacksonville, Florida provide ongoing privacy and marketing advice to ADT/Tyco. On the contentious side, Serwin successfully represented Carbonite in a putative class action arising from data loss allegations. 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 new client CVS Caremark. Other key clients include Wolters Kluwer, Yahoo!, Facebook and utilities Exelon and Sempra Energy.
Loeb & Loeb LLP’s multi-jurisdictional practice combines the international expertise of group head Ieuan Jolly, who wins praise for his ‘impressive knowledge and friendly and commercial approach’, with the firm’s strength in technology and communications law, outsourcing and interactive media and is commended for keeping ‘ahead of the curve in the quickly changing privacy environment’. The 22-lawyer practice is heavily involved in optimizing data on interactive and mobile platforms and working with clients to develop global privacy compliance strategies and address-related technology and data security issues. Highlights included advising leading telecommunications, cable and network clients on behavioral advertising, targeted and location-based marketing initiatives. 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. The team was strengthened by Michelle Gross from Vinson & Elkins L.L.P., Rosa Walker from Dewey & LeBoeuf LLP. Walter Steimel in Washington DC joined from Greenberg Traurig LLP. Regulatory and international compliance work included advising high-profile financial services, leisure and communication clients on domestic and international cross-border data flows, multi-jurisdictional privacy audits and the implementation and management of information security programs. Key clients include Comcast, Canoe Ventures, Facebook, Preferred Hotel Group, Visa and Promotions.com.
Sidley Austin LLP’s global 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. Practice head Alan Charles Raul in Washington DC undertakes litigation and regulatory work, notably representing companies responding to FTC and other investigations and advising on public policy matters. The group is representing several clients in a major FTC data security investigation involving peer-to-peer file sharing and advising on compliance and strategies to combat cybersecurity challenges. Clients recommend Edward McNicholas, who represents leading telecom entities in the National Security Agency Telecommunications Records multi-district litigation in federal court in numerous class-action lawsuits alleging the unlawful disclosure of communications content and records to government agencies. Prominent clients include AT&T and Eli Lily.
Recognized as ‘leading experts in the space’, and commended for providing ‘solid and thorough advice and great value for money’, 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. Practice head Stuart Ingis, praised for his ‘exceptionally thorough knowledge and experience in the data landscape’, represented Turner Broadcasting Service in a lawsuit regarding the collection and use of data in relation to online behavioral advertising. Emilio Cividanes wins credits for ‘his ability to craft expert legal strategy, which is outdone only by his ability to communicate it effectively to his clients’. Ingis and Cividanes presented the Direct Marketing Association and the Interactive Advertising Bureau in connection with proposed privacy legislation. Supported by the firm’s strong marketing, advertising and technology practices, attorneys advise on issues arising from privacy statutes and regulatory engagements for clients across healthcare, telecoms, technology and financial services, regularly defending companies in FTC enforcement actions, litigating privacy issues and occasionally challenging agency regulations. High-profile clients include Reed Elsevier, Time Warner and Experian.
Debevoise & Plimpton’s cross-border, interdisciplinary team offers regulatory counseling in the United States and Europe, defends clients in government enforcement actions, litigates data security and privacy-related matters and supports financial services transactions. Data sharing, data breaches, regulatory investigations and internal data policies are key focus areas. The group has particular strength in publishing, with Bruce Keller leading a team representing members of the Association of American Publishers in connection with the Google Library Project. Clients include John Wiley & Sons, The McGraw-Hill Companies, Pearson Education, Penguin Group (USA), Simon & Schuster and Siemens. Jeffrey Jacobson is representing media conglomerates in a consumer fraud and electronic privacy putative class action relating to the use of zombie cookies. Andrew Ceresney is assisting a US bank with an internal investigation relating to the loss of back-up tapes containing confidential customer information. In Washington DC, Jeffrey Cunard is advising a major sports league on privacy issues relating to the collection, transfer and use of personal data, and websites marketed to children. Satish Kini and Colby Smith are recommended.
John Kennedy at Dewey & LeBoeuf LLP advises on data privacy and security aspects of commercial transactions, M&A deals, outsourcing agreements and software-as-a-service agreements. The group has particular expertise in privacy aspects of acquisitions in the insurance industry, having advised on MetLife’s $16.2bn purchase of AIG’s ALICO. Regulatory work focused on compliance with the new Massachusetts data security regulation and the potential application of the FTC Red Flags Rule. Other work includes advising on data breaches and workplace data privacy issues, including those involving social networking. John Brockland in Silicon Valley is advising Catholic Healthcare West on the data privacy aspects of IT outsourcing and other transactions. Nathan Dee is also recommended.
Edwards Angell Palmer & Dodge LLP’s ‘knowledgeable and responsive’ multi-disciplinary privacy and data protection group includes an on-call breach response team to advise companies on compliance with US and EU legal and regulatory requirements and contractual requirements, and is commended for providing ‘excellent service’. Led by ‘knowledgeable, good communicator’ Mark Schreiber in Boston and co-heads Theodore Augustinosin Hartford and Laurie Kamaiko in New York, 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, chaired by Robert Owen and David Kessler in New York and M Scott Incerto in Austin, represents global organizations involved in complex litigation, providing comprehensive guidance about electronically stored information. Advice covers the privacy and security implications of the collection and use of medical records and other consumer and employee information; security breaches, data leaks and identity theft. Compliance with regulations related to financial services and healthcare is a key focus area. Owen and Kessler provide ongoing advice to Shell Oil, GlaxoSmithKline and MTD Products. Incerto and his team are assisting the Texas Windstorm Insurance Association, Freescale Semiconductor and Farmers Group of Insurance Companies.
Jones Day’s global interdisciplinary practice is recognized for its ‘depth of knowledge and excellent business advice’. Recent mandates include working with Smart Grid to protect customer data, advising health information exchanges and other organizations on the implications of the HITECH Act and the FTC’s Red Flag rules around identity theft protocols and data protection and privacy issues connected with cloud computing. ‘Outstanding’ practice head Kevin Lyles, in Columbus, and his team assisted Oklahoma Gas and Electric Company with the development of an identity theft prevention program in compliance with the Red Flag Rules and advised Xcel Energy on customer and employee data protection and privacy and security concerning Smart Meter programs. Other clients include Yale-New Haven Health Services. Mauricio Paez in New York, whose longstanding clients include Nokia, is singled out for praise.
The Washington DC-based privacy practice of Kelley Drye & Warren LLP is led by Dana Rosenfeld, former assistant director at the FTC’s Bureau of Consumer Protection. Former FTC staff Jodie Bernstein and William MacLeod augment the group’s expertise in handling government enforcement and compliance matters and privacy and data security litigation. The group’s regulatory strength and its synergies with the firm’s advertising and market practice are supported by John Villafranco, who advises on privacy, data security, electronic commerce, dietary supplement labeling, promotions and marketing, fair credit reporting, debt collection practices, health and safety claims, environmental marketing and standard certification. John Heitmann represents telecoms and broadband service providers and users in privacy-related matters. Data privacy and security specialist Alysa Hutnik and Gonzalo Mon, who advises on social media, mobile marketing and behavioral advertising, were elected partners. Operating at the intersection between advertising and consumer protection, the practice advises blue-chip companies in the hospitality and telecom sector and national and international retailers, notably in relation to behavioral advertising and online profiling. Other clients include internet and technology companies and financial services providers. Highlights included successfully representing Pre-Paid Legal Services, the largest provider of pre-paid legal plans in the country, in relation to an FTC investigation. An impressive client list includes Foot Locker, Walgreen Co., Saks Fifth Avenue, One Communications, XO Communications and Altria Group.
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 privacy and information management laws and regulations and regulations in the EU and other non-US jurisdictions, and advises EU companies setting up in the US. Key issues include global e-mail and HR policies and strategies for breach disclosures. Archie specializes in online privacy matters, with mandates including advising leading social games providers on global data policy matters and defending MyLife.com in litigation concerning the purchase, collection and resale of consumer personal information. Brian Smith and Angela Angelovska-Wilson focus on privacy and data security matters affecting financial services, advising traditional bank providers and online payments systems and retailers on global payments and regulatory issues. Andrew Gantt has particular expertise in advising healthcare and life sciences companies on compliance HIPAA requirements. Clients include Guthy Renker, Aon, Ashoka and USA Mobility.
Mayer Brown’s multi-disciplinary privacy practice is supported by the firm’s international footprint and specialist expertise. Its experienced attorneys focus on financial services regulatory, intellectual property and technology outsourcing, handling the privacy and data security aspects of transactions as well as assisting stand-alone clients seeking specific advice on data protection, global data transfer and privacy. 2010 saw an increase in labor law and social media matters, a focus on regulations and proposed regulations around cross-border data transfers, cloud computing and e-discovery. New York-based John Mancini and his colleagues in the litigation department defended clients in class actions, private lawsuits, and FTC investigations relating to privacy issues and data breach response. In Washington DC, Jeffrey Taft advises financial institutions on compliance and privacy matters. Chicago-based Rebecca Eisner combines outsourcing and data privacy expertise. Highlights included representing educational publisher Houghton Mifflin Harcourt on outsourcing projects, global data transfers and data privacy matters pertaining to electronic products and services. Other high-profile clients include AXA Equitable, Harrah’s Entertainment, Dow Chemicals and Mead Johnson.
McDermott Will & Emery LLP’s group, led by Daniel Gottlieb in Chicago and Heather Egan Sussman in Boston, draws on the skills of lawyers from corporate and litigation, as well as the firm’s strength in employment, healthcare and intellectual property. 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 as well as assisting clients from all business sectors with managing sensitive data, assessing and mitigating risks involving stored information, data transfers and preventing and dealing with data breaches. In 2010, Gottlieb and John Kocoras represented Emergency Healthcare Physicians following the theft of a hard drive containing health information about more than 175,000 hospital emergency department patients, including the defense of a consumer privacy class action. Jorge Arciniega and his team in Los Angeles advises longstanding client Univision on data collection, behavioral advertising, COPPA and breach of security issues.
Pillsbury Winthrop Shaw Pittman LLP’s practice, led by Deborah Thoren-Peden in Los Angeles, provides multinational clients with ‘timely, cost effective and practical advice’ 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 providers. The team was strengthened by health information technology experts Gerry Hinkley and Allen Briskin in San Francisco from Davis Wright Tremaine LLP, and insurance litigator Rene Siemens in Los Angeles from Proskauer Rose LLP. Thoren-Peden is outside counsel to Blackhawk Network Services, the largest provider of third-party prepaid cards, advising on regulatory matters, notably compliance with state, federal and international laws and regulations, including new laws enacted in 2010 such as the CARD Act and the Dodd Frank Act. In New York, e-discovery expert Wayne Matus assisted Dun & Bradstreet to develop a comprehensive e-discovery plan. Along with Catherine Meyer, ‘a leader in the field of privacy nationally and internationally’, Matus is assisting Meridian Knowledge Solutions following a data breach by a computer hacker. Other clients include Netspend, Euronet, Best Buy and Carnival Corporation.
Proskauer Rose LLP’s cross-departmental practice group is headed by Kristen Mathews, who is recognized as a ‘leading expert in notification obligations and liability management’. Commended for its ‘exceptional knowledge and valuable practical experience’, the group handles a broad range of privacy and data security-related matters, notably representing clients across the financial, retail, media and hospitality industries in high-profile issues. Instructions in 2010 included advisory, transactional and litigation work and the group saw an increase in global privacy projects, data security assessments and data breaches across all industries. On the litigation side, the group represented the American Bar Association regarding the FTC’s Red Flags Rule to prevent consumer identity theft, and defended Bank of New York Mellon in a class action. Other clients include Sony BMG Music Entertainment, Pershing LLC, Michael Kors, Hermes of Paris and Barneys. 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 regularly advises on the issues that arise from actual and potential breaches of personal information. The team frequently defends clients against class actions, commonly regarding the use of customer information and data theft incidents, and represents them in government, state and federal investigations. Melodia and data security and compliance specialist Paul Bond successfully represented West Publishing and Countrywide/Bank of America. Non-contentions work focuses on regulatory compliance and the development and implementation of company-wide policies, often with an international dimension. Gina Cavalier in Washington DC wins industry recognition for her work in the healthcare sector. Together with Melodia, she advised CVS Caremark in respect of an investigation into its healthcare privacy practices led by the Office for Civil Rights – the HIPAA regulator – and the FTC, and information security best practices going forward. Data transfer and e-discovery are increasingly important as are emerging issues relating to social media use. In 2010, the team was strengthened by Christopher Cwalina from Intersections Inc, an identity theft services and global background screening company, and new media and computer games expert Patrick Sweeney in Century City from Nixon Peabody LLP.
At Skadden, Arps, Slate, Meagher & Flom LLP, Ivan Schlager in Washington DC leads a ‘professional, customer-focused and pragmatic’ team which assists in the development of successful legislative and regulatory strategies for major M&A transactions and provides counsel on structuring, negotiating and documenting transactions to address regulatory issues. Recommended as ‘extremely knowledgeable about industry and government regulations’, clients appreciate Schlager’s ‘timely, comprehensive and on the mark’ advice. Mick Tuesley is also recommended.
Supported by the firm’s strength in advertising and marketing and attorneys specializing in labor and employment, healthcare and financial services, Liisa Thomas at Winston & Strawn LLP has developed a ‘superb’ advertising and privacy law practice representing major consumer brands, advertising agencies and consumer research companies. According to clients, she is ‘remarkably perceptive, responsive and always considers our business environment’. Key areas of focus online privacy, interactive advertising by text, email and fax. Thomas regularly 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.
Technology: outsourcing
Index of tables
Technology: outsourcing
Leading lawyers
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- James Alberg Pillsbury Winthrop Shaw Pittman LLP
- John Delaney Morrison & Foerster LLP
- Robert Finkel Dewey & LeBoeuf LLP
- Vivian Hanson Morrison & Foerster LLP
- Gregg Kirchhoefer Kirkland & Ellis LLP
- Allen Klein Latham & Watkins LLP
- Dan Masur Mayer Brown
- Barbara Melby Morgan Lewis
- Michael Mensik Baker & McKenzie
- Daniel Mummery Gibson Dunn
- Stephen Nordahl Gibson Dunn
- Brad Peterson Mayer Brown
- Michael Pillion Morgan Lewis
- Paul Roy Mayer Brown
- Akiba Stern Loeb & Loeb LLP
- Robert Zahler Pillsbury Winthrop Shaw Pittman LLP
Mayer Brown’s ‘top notch’ 50-attorney practice is the acknowledged leader in this field, representing national and international clients in large scale outsourcing mandates. Led by Dan Masur in Washington DC, it handles onshore, near-shore and offshore information technology outsourcing (ITO) and business process outsourcing (BPO) transactions, from strategic out-tasking arrangements to multibillion-dollar, multi-tower global transactions. The group’s size and international scope make it first choice for clients, who commend its ‘excellent response times and business acumen’ and ‘deep global outsourcing expertise’. In 2010, mandates included complex, multi-source arrangements and renegotiating, restructuring and replacing existing arrangements to achieve cost savings and reflect technology advances. Cutting-edge design and build arrangements are deployed to drive innovation. Cloud computing has become a key component in many technology outsourcing deals. The practice handled the largest deals across a range of industries for longstanding clients including Procter & Gamble and Dow Chemical. The diversity of the work, both in terms of the industry and the specification of the appointment, underlines the group’s breadth of service on the customer side. ‘Superb negotiator’ Masur, together with the ‘responsive, knowledgeable, sharp, efficient’ Linda Rhodes and Paul Roy, advised new client LightSquared in a series of agreements associated with the design, construction, deployment, installation, operation and maintenance of the first-ever wholesale nationwide 4G wireless broadband network integrated with satellite coverage. In Chicago, data privacy and outsourcing expert Rebecca Eisner represented Williams Companies in the re-negotiation and extension of its finance and accounting outsourcing with IBM, and in the competitive re-sourcing of its IT infrastructure and application maintenance services. Kevin Rang, who has particular strength in facilities management is singled out for praise, as is Brad Peterson, who represented Walgreen in outsourcing its finance and accountancy operations to Genpact. David Hudanish in New York is also recommended. Other clients include TXU 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 the financial services, healthcare and retail sector. This unique service offering differentiates the firm from its rivals in the market, as does the size of the multi-disciplinary team, which has sufficient bandwidth to handle multiple big-ticket deals simultaneously. 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 led a team advising Blue Cross Blue Shield of Massachusetts on a $200m outsourcing transaction with IBM involving the responsibility for managing a large portion of the client’s mainframe, server, desktop and network infrastructure, as well as its software applications environment. The group is particularly strong in the financial services sector, with clients including Morgan Stanley, Discover Financial and Tesco Bank. Aaron Oser led a team representing American Express in business productivity online services (BPOS) contract negotiations. Global sourcing partner Michael Murphy in San Francisco, assisted Autodesk with the development of a sourcing strategy and a request for proposals for IT outsourcing and data center services. Robert Zahler maintains a superb market reputation. Other clients include Hertz, The Nielsen Company, Honeywell International, General Electric Company and Dun & Bradstreet.
Baker & McKenzie’s outsourcing practice is supported by the firm’s global presence and by the fact that it represents both service providers and customer organizations. The global practice group provides ‘extensive expertise coupled with a practical approach to projects’ and blends outsourcing expertise with other technology practices, such as data protection and privacy. In 2010, the New York practice was boosted by the arrival of Edward Hansen, David Jackson and Jessica Lipson from Morgan Lewis, bringing a wealth of experience, leadership and talent in complex technology and outsourcing transactions. Attorneys have an excellent market reputation for handling high-end, complex deals. Clients recommend them as ‘trusted professionals who can be relied on to deliver the highest quality advice and work product in a timely manner’. Practice head Michael Mensik in Chicago is ‘highly experienced in international vendor-related issues’, combining valuable expertise in outsourcing and data privacy. According to one client, he is ‘cooperative, collaborative and a valued partner and counselor’. 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 ‘succinct, controlled, extremely well versed on outsourcing deal subject matter, and focused on getting the best deal done’. Lothar Determann in Palo Alto specializes in software licensing and IP relating to technology transactions and contracts, and is commended for his ‘vast knowledge of the law and the industry’. A prestigious client list includes UBS, Cardinal Health, The Estée Lauder Companies, Universal Music Group and Oncor Electric Delivery.
Dewey & LeBoeuf LLP’s ‘best in class’ international technology practice handles complex cross-border outsourcing deals. Led by global practice head Eric Reifschneider in Silicon Valley, commended for his ‘strength in legal/industry knowledge, business acumen and practicality, balanced and thorough advice’, it continues to gain ground in the hi-tech and healthcare sectors, notably with the hire of ‘fantastic outsourcing lawyer’ Robert Finkel in New York from Milbank, Tweed, Hadley & McCloy LLP. John Brockland offers specialist expertise in cloud computing, clean energy technologies, open source software. John Kennedy in New York also works on the customer side, handling comprehensive outsourcing projects for large enterprises in the financial services and insurance sector. Highlights included advising MetLife on complex IT issues involved in its $16bn acquisition of American Life Insurance Company (ALICO) from AIG and advising utility and energy companies on IT procurement.
Gibson Dunn’s outsourcing attorneys ‘know the market: they helped to define it’. The ‘careful, focused’ team offers 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 practice benefits from the firm’s blue-chip corporate client base and leverages institutional relationships and strategic alliances the US and Europe. A long and prestigious client list includes Tyco International, The Coca-Cola Company and Symantec. In 2010, the team handled sophisticated IT outsourcing projects, cloud computing and M&A support for hi-tech companies and global brands. Mummery assisted NetApp with outsourcing its finance and accounting services to Gen-Pact and its application development and maintenance services to IBM and Con-way with IT infrastructure deals, notably the outsourcing of IT infrastructure and related services to Hewlett-Packard. Healthcare clients include CareFusion, a spin-off of Cardinal Health. Peters assisted Marsh & McLennan to establish a vendor panel for the provision of application development and maintenance services, which included structuring and negotiating agreements with HCL, IBM, Patni, TCS, and Wipro; contracting for a cloud computing solution for the provision of certain training and HR management services and renegotiating and expanding its financing and accounting services agreement with WNS. Nordahl’s clients include Johnson & Johnson and Omnicom.
Hunton & Williams LLP’s 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. Clients commend attorneys’ ‘understanding of industry practices and ability to balance guidance and client support’, handling large-scale transactions across multiple sectors with particular strength in retail and financial services. In 2010, the group handled a combination of systems integration transactions and build operate transfer (BOT) deals. Cutting-edge challenges relate to open source software, risk allocation and licenses with location restrictions. Highlights included assisting a large healthcare system to unwind a $130m IT and services transaction and re-allocate it to several single process providers, representing a large insurer in the comprehensive renegotiation of a $500m comprehensive IT transaction, and assisting a Fortune 300 automobile parts manufacturer in a long-term $80m SAP global integration project. In Richmond, Randall Parks, co-chair of the global technology and outsourcing practice group, specializes in BPOs, ITOs, licensing, systems acquisition and joint ventures. In Atlanta, co-chair James Harvey advises on IT, HR and BPOs, offshoring and data management. Clients appreciate his ‘excellent knowledge and expertise and great advocacy and negotiation skills’. Karen Sanzaro focuses on facilities and large-scale enterprise resource planning (ERP) deals. Jeffrey Harvey is also recommended. The group benefits from strong relationships with major sourcing consultancies, including Everest Group, TPI and EquaTerra as well as providers Accenture, IBM, Hewlett-Packard, Fujitsu, Cognizant, Infosys and Genpact. An impressive client list includes Blockbuster Video, Meadwestvaco, The Hartford, Toys R Us and The Servicemaster Company.
Jones Day’s Dallas-based practice has a long history of acting for providers, and applies this knowledge and insight to customer side work. The team handle big-ticket and mid-market deals covering ITO and BPO, facilities, logistics and inventory management for banks, retail businesses, telecoms providers and utilities in the US and internationally, frequently advising the firm’s existing client base on complex transactions. Jason Krieser and Shawn Helms in Dallas and ‘outstanding privacy lawyer’ Mauricio Paez in New York represented Sprint Nextel Corporation in its acquisition of next generation wireless infrastructure equipment to upgrade Sprint’s nationwide wireless network. The transaction involved the purchase of equipment and implementation services from Samsung, Alcatel-Lucent and Ericsson as well as the purchase of multi-modal base stations capable of supporting advanced 3G and 4G technologies. Paez and Krieser represented Xcel Energy in outsourcing arrangements involving maintenance and capital project work at nuclear plants. Other instructions included advising Neiman Marcus Group on the outsourcing of its benefits administration. A prestigious client list includes Nokia Siemens Networks, Diversey, Pier 1 Imports, Blockbuster and Bunge.
Gregg Kirchhoefer in Chicago heads Kirkland & Ellis LLP’s 50-lawyer practice, which wins praise as ‘superior legal counsel’. 2010 saw increased activity, with instructions covering multi-tower deals and procurement initiatives as well as ITO and BPO initiatives that use outsourcing as a platform for strategic development and growth. The group is known for finding new and innovative ways of applying outsourcing principles to create more rigors in business processes and performance management, notably in relation to investment asset management. Kirchhoefer, who is acknowledged as a ‘leader in his field’ and commended for his ‘exceptional skills and client service’, handles outsourcing transactions and litigation. BPO and IP expert Neil Hirshman has extensive experience representing both customers and service providers. Stephen Johnson in California and Matthew Lovell in Chicago combine intellectual property and outsourcing expertise. The team’s international footprint enables it to handle global deals for key clients including XChanging, CIGNA, Kellogg, State Farm and Lawson.
Latham & Watkins LLP’s outsourcing lawyers provide ‘deep industry knowledge and effective advice and advocacy’. According to clients, they ‘assist in expediting the progression of any complex transaction’, advising on numerous big-ticket outsourcing and network deals. In addition to its work in ITO, it assists clients with specialist sectors of 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, prestigious multinational deals supported by local offices and expertise in related practice areas, notably intellectual property. The firm’s advanced technology tools for structuring deals enable transactions to be completed quickly and cost-effectively. Clients recommend global practice chair Marcelo Halpern in Chicago for his ‘well-reasoned counsel and balanced analysis’. He handles complex multi-faceted deals, notably assisting Navistar with numerous outsourcings including truck design and development, contract manufacturing, logistics and IT. JD Marple in Silicon Valley represents service providers and customers in the life sciences, technology and transportation sectors who find him ‘knowledgeable, responsive, and easy to work with’ with ‘first-rate negotiating skills’. In 2010, he assisted Avery Dennison with the outsourcing of its worldwide data center, help desk and related services to Tata. Allen Klein and his Washington DC team impress clients in the technology, pharmaceuticals, financial services and health sectors, notably advising B2B publisher Advanstar Communications on outsourcing its pre-print production activities to HCL. Jeremiah Wolsk wins praise for his ‘pragmatic counseling and remarkable ability to maintain a professional demeanor and obtain preferred outcomes from highly contentious negotiations’. Clients include Old Mutual, Sirius XM and Ciena Corporation.
Morgan Lewis’ outsourcing team is led by Barbara Melby in Philadelphia, who is highly recommended for her ‘in depth knowledge of the outsourcing landscape for both IT and BPO transactions’. The team handled more than 35 major outsourcing deals in 2010, and is commended for its ‘exceptionally high-quality work and terrific work ethic’. Work focused on efficiency strategies, renegotiating existing arrangements and negotiating joint ventures for clients across the financial services, manufacturing, pharmaceutical and retail sectors. The group’s market-leading attorneys are recognized for their broad experience and excellent connections with providers and consultants. With ten offices globally, the group has developed a prominent international practice. Michael Pillion led a team representing leading global energy player BG North America in an IT outsourcing covering multiple IT functions in a five-year, $100m transaction with IBM. The outsourcing, spanning BG’s operations worldwide, included data center services, end-user services, network services, and server services. Melby and recently promoted of counsel Vito Petretti represented health benefits company WellPoint in the renegotiation and scope expansion of an IT outsourcing covering multiple IT functions in a five-year, $1bn transaction with IBM. Other clients include Abbott Laboratories, Del Monte, Eli Lilly, Starwood Hotels and Sunoco. The departure of John Funk to SNR Denton and Edward Hansen to Baker & McKenzie represents a significant blow to the team.
Morrison & Foerster LLP appointed Washington DC partner Chris Ford as head of its global outsourcing practice. Ford advises clients on joint ventures and telecommunications and licensing transactions, ERP and systems integration. Together with Scott Stevenson, he represented National Railroad Passenger Corporation (Amtrak) in the $420m outsourcing of its information technology platform, which include an infrastructure portion that was awarded to IBM, and a network management portion that was outsourced to AT&T. In New York, John Delaney, who combines outsourcing, data privacy and IP expertise, Vivian Hanson and Gabriel Meister represented Warner Brothers Music in a series of outsourcing transactions. Hanson is recognized for her expertise in complex, large-scale transactions, as well as domestic and cross-border transactions, notably handling outsourcing deals for major clients in Japan. The ‘highly experienced’ Julian Millstein, whose clients include Novartis, is singled out for praise. 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 other related functionality. Other key clients include Serco, the State of Georgia and Kaiser Permanente.
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, the group represents high-profile clients, notably in the financial services, healthcare and hospitality sectors. In 2010, it saw an increase in instructions involving outsourcing to new markets, notably Eastern Europe, Ireland and Latin America. Clients include APL, Bank of America, Bay Medical, HCL Technologies and Hyatt Corporation. William Russell and Jim Nelson joined Venable LLP’s New York office.
Foley & Lardner LLP’s 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’. The ‘knowledgeable’ Kalyvas, who ‘listens to customer and helps them achieve their goals’, advised BJ’s Wholesale Club on the structuring, procuring and negotiation of a complete IT services outsourcing transaction, including RFP development, mainframe services, applications, data security, print services and data entry. Mike Overly, who advises Charles Schwab, is also singled out for praise. Transactional lawyer Deepak Nanda is recommended for his negotiating skills. Key clients include 24 Hour Fitness, ADT/Tyco, Bradley Corporation, Exelon, Omron Electronic Components, Raytheon,TD Ameritrade, The Irvine Company and Union Bank.
Clients are ‘absolutely delighted with the work and business acumen’ of Loeb & Loeb LLP’s five partner outsourcing practice, led by Kenneth Adler, Akiba Stern and Steve Semerdjian, which in 2010 was strengthened by Michelle Gross from Vinson & Elkins L.L.P. and Rosa Walker from Dewey & LeBoeuf LLP. Walter Steimel in Washington DC joined from Greenberg Traurig LLP. Recent instructions have focused on software as a service, and application development and maintenance, benefits, finance and accounting, broker-dealer, treasury, facilities management and asset management outsourcings for global and national companies, notably advising clients with respect to managing the risks of cloud computing. Attorneys are recognized for their ‘contract innovation’. Adler represented Harvard Pilgrim Healthcare in a cutting-edge agreement for Oracle to develop a next generation, US-based version of its European healthcare claims processing software. Stern wins the respect of the market for ‘creating world-class contracts which the industry recognizes as benchmark’. Other clients include Dr Pepper Snapple, Société Générale, Hartford, Bank of Tokyo-Mitsubishi UFJ and American Modern Insurance Group.
Venable LLP recruited William Russell and Jim Nelson from DLA Piper LLP. Based in New York, and recommended as ‘clear, direct, thorough and commercially reasonable’, they complement Nora Garrote and A J Zottola in Washington DC, who combine intellectual property and technology expertise. Clients value Nelson’s ‘responsiveness and adept knowledge of intellectual property law’. As well as representing longstanding client GE, recent instructions include representing Verizon in a deal with Johnson Controls Global WorkPlace Solutions involving integrated facilities management, project management, energy implementation, lease administration and transactional management services at over 7,000 of Verizon’s US properties. The group has particular strength in the real estate outsourcing space, as well as BPO and ITO outsourcing in the healthcare and energy sectors. Other mandates included assisting Wyndham Worldwide Corporation, a hospitality company spanning six continents, with outsourcing its international central reservation system and related back-office functions.
White & Case LLP recruited well-known outsourcing expert Trevor Nagel in Washington DC from Alston & Bird LLP, who along with Robert Hasty and Lee Van Blerkom complements the global practices of Adam Chernichaw and Daren Orzechowski in New York and furthers the firm’s long-term strategy of providing a unique global offering, advising major clients on global sourcing strategy and complex, large-scale infrastructure transactions. 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. Other key clients include Nokia, Aramco Services, BNP Paribas and WellPoint.
Baker Botts L.L.P. represents suppliers and customers. Supported by a broad-based transactional practice, it is well placed to handle hybrid, multi-faceted transactions. Dallas-based John Martin was recently named chair of the firm’s technology sector committee. Work focuses on complex outsourcing transactions including BPOs and ITOs and offshoring deals, notably to India. An increasing number of instructions involve the disaggregation of multi-tower deals. The ‘extremely responsive and knowledgeable’ Martin and Brian Henchey are commended as ‘real pros who can take a transaction and run with it. They know what is important and explore creative alternatives’. Jordan Herman in Austin is singled out for praise. Recent highlights include representing a global management consulting company in the restructuring and expansion of one of the largest systems integration projects in the private sector. 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.
Nigel Howard’s two-partner outsourcing practice at Covington & Burling LLP in New York is supported by the firm’s key strengths in life sciences, transportation, broadcasting and media, and sports and commended as ‘excellent in all respects’. Outsourcing to the cloud is a major issue and the team is advising Microsoft on its cloud computing terms and conditions and other policy aspects related to cloud computing, including drafting speeches and federal legislative proposals. Howard, who clients rate as ‘efficient and good value’, has a particular specialism in advising the airline industry on mission-critical outsourcing arrangements, is acting for American Airlines on a significant IT development contract around unbundled packages involving multiple products and services. Other instructions included representing CBSInteractive, TouchTunes as well as pharmaceutical giant AstraZeneca. New clients include CHEP USA and Brown Brothers Harriman.
Fulbright & Jaworski LLP’s outsourcing team focuses on the vendor side, representing service providers as well as some customers and is supported by its strength in technology transactions and information management. Michael Brito in Dallas, former in-house counsel for a global outsourcing provider EDS handles IT and BPO agreements in the automotive, financial services, industrial/manufacturing, insurance, retail, telecommunications and utilities industries and advises on restructuring and renegotiating existing outsourcing arrangements. Highlights included representing a global technology company in outsourcing its finance and accounting functions, and acting for a global consulting company in renewing its IT outsourcing contracts. The group also advises public sector and international institutions on outsourcing arrangements. Stacey Smotherman advises on large-scale, strategic transactions, including enterprise-wide licensing arrangements and offshore applications development and maintenance. High-profile clients include Capgemini US, EDS, CSC and Affiliated Computer Services.
Clients recommend Kaye Scholer LLP’s practice group head William Tanenbaum in New York as ‘an outstanding attorney with a deep knowledge and understanding of technology and outsourcing and a deeply principled and trustworthy colleague’. The group’s ‘brilliant attorneys collaborate well and provide fast, diligent responses’. The firm’s strength in financial services and defense industry work gives it valuable expertise in managing outsourcing transactions in heavily regulated industries. Green IT, cleantech, energy efficiency and water management are other core specialisms. Recent instructions include handling pharma BPO outsourcing for Novartis, financial services IT outsourcing for CLS Bank in highly regulated market for foreign exchange trading and technology litigation and transactional work for Axa Financial
Kelley Drye & Warren LLP represents outsourcing and technology providers 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. Practice head W Michael Ryan in Chicago represented a large real estate developer in its negotiations with one of the largest US computer equipment providers for the provision of technology services and equipment into one of the largest city-scale real estate developments in Asia in a complex transaction involving parties from throughout Asia and the United States. Clients range from large multinational corporations to early-stage companies looking to commercialize cutting-edge technologies and business practices, and cut across 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. It provides guidance to companies at every stage of the sourcing process, from the formulation of the sourcing strategy through to the management of the outsourced function. It also advises on subsequent matters including the renegotiation, restructuring or termination of existing outsourced arrangements, in-sourcing or re-sourcing previously outsourced functions, monitoring compliance and enforcing contractual commitments. Steinberg represented a publicly held web hosting company in strategic marketing alliance with a leading telecommunications company and one of the largest US forest products manufacturers in outsourcing its finance and accounting functions. Although most of its work is on the customer side, the group also represents outsourcing providers. Wayne Elowe represented Neusoft Corporation, the largest outsourcing service provider in China, as global counsel in connection with Neusoft’s international expansion and in connection with its US acquisitions
Paul, Hastings, Janofsky & Walker LLP strategic outsourcing practice is supported by the firm’s corporate and IP strength and advises 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 represents customers and providers, recently acting for Amgen in an $800m transaction whereby it outsourced its global information services infrastructure to IBM. He assists clients with insourcing and terminating existing outsourcing agreements, notably representing JPMorgan Chase in the highly complex termination of a check processing outsourcing agreement between Washington Mutual (WaMu) and Unisys. Other work includes representing represented a major teaching hospital in outsourcing all major hospital IT systems to Siemens.
Proskauer Rose LLP 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 business process outsourcers Arvato Solutions, a subsidiary of Bertelsmann, in transactions relating to the outsourcing of processing of customer orders, returns and other fulfillment operations, notably in connection with a BPO agreement with Cisco, and assisting BT with the restructuring and workout of a telecoms outsourcing agreement between BT and Cadbury relating to telecom services covering six continents. Other clients include Road Runner, Time Warner Cable’s broadband service.
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 in IT and e-commerce-related matters, as well as broader outsourcing deals involving business support and other functions. Attorneys also assist with in-sourcing and the termination and renegotiation of existing outsourcing arrangments. The firm’s network of international offices supports its capacity to handle offshoring transactions, notably involving providers based in India and China. Stuart Levi, head of the global sourcing group, represented Citigroup in connection with outsourcing agreements related to payments processing and IT and software development services. Rita Rodin Johnston and Jose Esteves focus on the IP aspects of complex outsourcing deals.
Sutherland Asbill & Brennan LLP’s 20-strong outsourcing team handles customer side initiatives including BPO, ITO/infrastructure, ADM, software system acquisition and managed network and software as a service, shared services and joint venture initiatives, and M&A support. According to clients, the group’s ‘holistic approach goes much deeper than just contracts – it has provided significant strategic value’. Practice head Scott Hobby in Atlanta is commended for his ‘experience, innovation and responsiveness’ while John Miller wins praise for ‘maturity, business acumen and technical knowledge’. Charles Hollis and Sean Christy are also recommended. Clients include Hilton Worldwide, Equifax, TIAA-CREF and ScanSource.
Thompson & Knight LLP in Texas handles complex multi-process outsourcing transactions, notably representing energy, public utility/electric power, manufacturing and telecoms companies, retail businesses and banks. Attorneys represent service providers and customers in large and mid-tier outsourcing transactions. According to clients, ‘it is good at what it does – across the board’. The ‘top quality, fast, and efficient’ Jeffrey Andrews in Houston represents longstanding client Oncor Electric Delivery Company. Other representative clients include American Water Works Company and Intercomp Global Services.
Clients recommend Winston & Strawn LLP’s lateral hires Eric Cowan and Glynna Christian, recruited from Dewey & LeBoeuf LLP, for their ‘business acumen, industry knowledge and experience, spot on advice and responsiveness’. Christian’s mandates included representing a leading financial services institution in a multibillion-dollar, multi-vendor outsourcing and a global supplier of automotive systems in connection with the acquisition of an ERP software system and the outsourcing of data facility services. Cowan advises on the outsourcing elements of litigation and transactional work, representing ITV, the UK’s largest broadcast network in the sale of Screenvision, and acting as seller’s counsel for a multinational media company in the disposition of its US assets, including three daily newspapers.
Technology: transactions
Index of tables
Technology: transactions
Leading lawyers
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- Suzanne Bell Wilson Sonsini Goodrich & Rosati
- Douglas Cogen Fenwick & West LLP
- John Delaney Morrison & Foerster LLP
- Marcelo Halpern Latham & Watkins LLP
- Laurie Hane Morrison & Foerster LLP
- Nigel Howard Covington & Burling LLP
- Allen Klein Latham & Watkins LLP
- Glenn Nash Latham & Watkins LLP
- Eric Reifschneider Dewey & LeBoeuf LLP
- William Russell Venable LLP
- Adam Ruttenberg Cooley LLP
- William Schwartz Morrison & Foerster LLP
Cooley LLP’s 26-attorney dedicated technology transactions group, led by Adam Ruttenberg in Reston, focuses on complex IT-related transactions. As well as advising established software and hardware infrastructure vendors and companies offering products and services where intellectual property is a key value driver, the group supports innovative start ups, and is recognized for its ‘deep market expertise’ across social networking, software-as-a-service, consumer electronics and entertainment, information services, semiconductor and cleantech. In 2010, it was strengthened by the arrival of Joel Brenner in Washington DC, from the National Security Agency (NSA). Outsourcing specialist Adam Sak, in Broomfield, joined from Greenberg Traurig LLP. Ruttenberg represented Qualcomm in its joint venture to deliver machine-to-machine wireless services. He advised McKinsey in its global joint venture with the Nielsen Company, NM Incite, which helps companies to use social media intelligence to drive business performance. In Palo Alto, Carolyn Craig and Pete Burns represented TiVo in its deal with Cox Communications to integrate the Cox On DEMAND service with a TiVo Premiere box; its transaction with Suddenlink Communications for distribution of co-branded, TiVo Premiere DVRs, and its strategic alliance with ONO as the exclusive distributor of TiVo’s advanced television services in Spain. Robin Lee specializes in alternative energy and cleantech transactions. Jennifer Coplan in New York handles digital rights management issues. Key clients include Adobe Systems, Applied Materials, eBay, Clorox, Skype, Salesforce.com, Viacom, Synopsys and Zenith.
Latham & Watkins LLP’s 45-lawyer team handles M&A, licensing deals and strategic transactions for vendors and users of technology. The group offers transactional and IP strength and specific industry expertise, notably in the hi-tech, telecoms, pharmaceutical and life sciences sectors. Cleantech is an expanding focus area. The firm’s international reach is a key factor. It offers East and West Coast expertise with leading tech lawyers in Silicon Valley combining a transactional practice with specialization in complementary areas. Top life sciences attorney Charles Hoyng assisted longstanding client Codexis with a master services agreement with Sandoz. ‘Rising star’ J D Marple advised Eclipsys on the renegotiation of its outsourcing relationships with two of its largest hospital customers. The group is primary outside counsel to global IT brands. Glenn Nash, who ‘leads a dynamic licensing team and has incredible resources at his disposal’, represented Adobe in its $1.8bn acquisition of web analytics company Omniture. The ‘pleasant, professional’ Anthony Klein, who ‘consistently achieves great results’, advised the Abu Dhabi Technology Development Committee, a government organization, on technology innovation in the UAE. Marcelo Halpern, in Chicago, assisted Navistar with a joint venture for truck design and development. He also advised a leading gaming manufacturer with negotiations for two separate technology sharing and marketing alliances. Allen Klein in Washington DC has an excellent market reputation for outsourcing and transactional work. ‘Valuable partner’ Roxanne Christ in Los Angeles advises on the convergence between media and technology. Appreciated for her ‘extensive expertise and responsiveness to client needs,’ she assisted GigaMedia-T2CN with its exclusive license to distribute the EA Sports online video game “NBA Street Online” across China, and a joint marketing agreement between T2CN and Tencent, China’s largest instant messaging service. Notable clients include ORC Software, Sony Online Entertainment, Harrahs’ Entertainment, MGM and USA Mobility.
Morrison & Foerster LLP combines IP and technology credentials with a strong international presence. Clients recommend the group’s ‘deep bench of subject matter experts in a variety of areas and sound advice’. With a dedicated technology transactions group comprising some 50 lawyers in seven US offices, it has the bandwidth to handle multiple big-ticket deals. Tessa Schwartz, who also advises on cleantech, and her team represented longstanding client Intel in its $7.7bn acquisition of McAfee and its $160m purchase of Texas Instruments’ cable modem product line. Paul Jahn and Rob Townsend advised Intel on the highly significant $1.4bn acquisition of Infineon Technologies’ Wireless Solutions business. Tessa Schwartz and William Schwartz represented Yahoo! on its $225m sale of recruitment website Yahoo! HotJobs to Monster Worldwide. Practice co-chair Laurie Hane specializes in the internet, semiconductors and telecommunications advice. John Delaney in New York, has an excellent reputation for handling IP, outsourcing and hi-tech matters for clients ranging from ‘Silicon Alley’ start-ups to Fortune 500 companies. Russell Weiss in Los Angeles is also recommended. Other notable practitioners include Julian Millstein in New York, and Christopher Ford and Scott Stevenson in Washington DC. Key clients include Warner Music Group, Sega, Time Warner Cable, Novell, Moody’s and Technicolor.
With 40 attorneys, including 13 partners dedicated to technology transactions, ‘well-known Silicon Valley firm’ Wilson Sonsini Goodrich & Rosati leverages its strength in technology and IP to advise clients ranging from early-stage start-ups to recognized industry leaders on complex industry issues. Its deep specialist expertise across technology industries, including semiconductors, hardware, software, communications, biotech and life sciences, has been the key to its market leading reputation. High-profile mandates included representing Sun Microsystems in its acquisition by Oracle Corporation, and successfully acting for Google and YouTube in defense of the copyright infringement action brought by Viacom. The ‘formidable’ Palo Alto-based practice head Suzanne Bell handles complex, strategic transactions, notably for Google. She has particular expertise in software deals and is acknowledged as ‘a leading light in the computer and semiconductor space’. Former network engineer Michael Murphy is recognized for his strength in patent litigation, while Kenneth Clark handles partnering and technology transactions, notably in the biotechnology industry. Cleantech expert Todd Glass represents project developers, venture capital firms, and utilities in North America, Asia, and Europe. In 2010, Michael Rabson from Cytokinetics joined the firm and Miranda Biven, who represents life sciences clients in technology transactions, was promoted to partner. Clients include AOL, Apple, Hewlett-Packard, Pixar and Polycom.
Baker & McKenzie’s size and global reach, the interaction between its technology group and its prominent corporate practice, enable it to win significant clients and mandates. Led by Chicago-based Michael Mensik, the US practice focuses on transformational transactions involving IT, business process outsourcing and systems acquisitions. The team represents vendors and customers involved in complex ERP and systems integration projects, custom software development, outsourcing, licensing and distribution agreements and wins praise for ‘building client confidence by listening to concerns and addressing them in a timely fashion’. Lothar Determann in Palo Alto advises multinational companies and start-ups on software licensing, electronic commerce, data protection and international law related to technology transactions, product sourcing, distribution and services and provides specialist advice on open source software and e-commerce. Sam Kramer and Peter George are also recommended. In 2010, Edward Hansen, David Jackson and Jessica Lipson joined the New York office from Morgan Lewis, strengthening the group’s expertise and experience in complex technology and outsourcing transactions.High-profile clients include The Estée Lauder Companies, Universal Music Group, Cardinal Health and Wolters Kluwer.
Baker Botts L.L.P.’s interdisciplinary technology transactions group supports technology businesses at every stage from initial strategic planning through to IPO. The team wins praise for ‘exceptional quality and effort and lawyers who always respond quickly’. Practice head and chair of the technology sector committee John Martin in Dallas combines M&A and technology expertise, representing buyers and sellers in big strategic deals. Commended for ‘his ability to communicate with diverse internal and external client teams’, he has represented Accenture in numerous transactions, notably its $51m acquisition of Ariba’s sourcing services and business process outsourcing services assets. Together with newly promoted partner Courtney York, Martin represented CA in its $350m acquisition of Nimsoft, and its acquisitions of 3Tera and HyPerformix. The group represented AT&T in the $1.4bn sale of Sterling Commerce to IBM. The department is concentrated in Dallas, with attorneys in Austin, Houston, Washington DC, New York and Palo Alto. ‘Outstanding transactional attorney’ Jordan Herman is recommended as ‘calm under pressure and extremely thorough’. Michael Bengtson and Brian Henchey are singled out for praise. Major clients include Cisco, CSC, Dell, GENBAND, Perot Systems and Raytheon.
DLA Piper LLP’s technology transactions team is a prominent presence on both coasts. Vincent Sanchez in Chicago, 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. Mark Radcliffe in Palo Alto offers strategic IP advice and expertise in open-source, cloud computing and social media. William Cook in Washington DC combines technology and telecoms expertise, notably advising Qualcomm. The firm’s huge international reach allows it to handle complex cross-border and multijurisdictional transactions for clients in a multiple industry sectors. The team continues to win big-ticket deals, notably in the financial services, pharmaceutical, hospitality and airline industries. The diverse specialisms on offer within the group differentiate it from its more generalist competitors. 2010 saw continued focus on cloud computing and open source software issues, where the firm’s association with leading consulting group Olliance represents a clear advantage. ‘Upcoming lawyer’ Jennifer Bauman specializes in social media advice. Outsourcing specialists William Russell and Jim Nelson left to join Venable LLP’s New York office. A prestigious client list includes Pfizer, eBay and Sony Corporation.
Dewey & LeBoeuf LLP’s technology transactions practice is supported by its global reach and IP prowess. In 2010, it continued to expand its technology capabilities in IT outsourcing and technology M&A in California, New York, Europe and Asia. Practice head and ‘tough, but principled negotiator’ Eric Reifschneider became leader of the firm’s global technology practice and managing partner of its Silicon Valley office. Clients appreciate his ‘outstanding command of the law and remarkable ability to draft complex provisions in the heat of negotiation’. The group handles high-stake, complex IP-related transactions and cross-border work for major technology companies. Highlights included advising Qualcomm on a $1.3bn cross-licensing deal with Samsung Electronics. John Brockland represented eBay in negotiating a joint venture agreement with Young Bae Ku, the founder of Gmarket, a leading e-commerce company in Korea. John Kennedy in New York handles M&A and outsourcing work for utilities, financial services companies and Fortune 500 companies. The team was further strengthened by outsourcing specialist Robert Finkel joining from Milbank, Tweed, Hadley & McCloy LLP. Key clients include Applied Materials, Blackboard, Blue Coat Systems, Catholic Healthcare West, Sanyo Electric, Sony, Yahoo! and Zynga.
Fenwick & West LLP represents clients across the technology spectrum in transactional matters including financing, licensing and IP work and big-ticket M&A. Key business sectors include life sciences, clean tech, internet-based business and social media, SaaS, gaming, software and hardware. In 2010, the M&A practice, led by David Healey in Silicon Valley and Douglas Cogen in San Francisco, acted on 105 acquisitions valued at over $10.6bn. The group frequently acts on the most high-profile deals in the technology space, advising acquiring and target businesses. Recent highlights include advising longstanding client and serial acquirer Cisco Systems in five acquisitions and IT security, and representing backup provider SonicWALL in its $717m acquisition by an investor group led by Thoma Bravo. Semiconductors and cleantech are important sources of work and the group is recognized for its e-discovery expertise. The fact that it does not offer the same international reach as some of its competitors has not prevented it from acting in some of 2010’s most prominent deals, with Cogen representing ArcSight. in its $1.5bn acquisition by Hewlett-Packard. An impressive client list includes Amazon.com, Apple, Cisco Systems, Electronic Arts, Facebook, Google, Hewlett-Packard, Netflix, Symantec and Twitter.
Its clients consider Goodwin Procter LLP’s technology companies group to be ‘the best in the business’. Comprising 160 lawyers who represent emerging technology companies, venture capital and private equity firms and investment banks, the ‘top notch team’, co-chaired by John Egan and Bill Schnoor in Boston, recruited Anthony McCusker in Silicon Valley who wins plaudits for his ‘pragmatic approach to structuring transactions’, from Gunderson Dettmer LLP. He was joined by Craig Schmitz and Caine Moss from Wilson Sonsini Goodrich & Rosati, who is commended for his ‘outstanding business acumen and industry knowledge and appropriate advice’. Christopher Austin from Ropes & Gray LLP joined the firm’s Boston office. Joseph Theis was promoted to partner. Highlights included representing General Compression, a leader in energy storage and wind technology, in its restructuring, recapitalization and $23m Series A Convertible Preferred Stock financing; ExtendMedia in its merger with Cisco; Salary.com in its $80m sale to Kenexa and; and Digital Sky Technologies as lead investor in a $135m investment in Groupon and a $200m Series E preferred stock investment in Facebook. ‘Super experienced, negotiators’ Kenneth Gordon and Mark Burnett are singled out for praise.
Sheppard, Mullin, Richter & Hampton LLP’s transactions group is led by Brian Pass, recommended as ‘responsive, timely and practical – an excellent drafter and advocate’. Pass and his team acted in 2010’s most prominent deals, notably representing Yahoo! as lead outside counsel in its landmark multibillion-dollar deal with Microsoft. Craig Cardon assisted Auditude with agreements to serve as ad service platform for Comcast’s online properties, including Comcast.net and Fancast.com, and in connection with deals with Daily Motion, Endemol and major record labels. The group advised Conduit – a start-up that helps publishers make and distribute apps using Web browser toolbars – on its strategic partnership with Microsoft’s Bing. Riaz Karamali in Silicon Valley focuses on M&A, licensing and technology transactions, advising clients ranging from start-ups to Fortune 500 companies. Other technology/new media clients include Joost, Ovation, Fox Mobile, ReachLocal.com, Vobile and TVEverywhere.
Skadden, Arps, Slate, Meagher & Flom LLP handles IT and e-commerce transactions ranging from single license agreements to multiparty global outsourcing deals and combines Wall Street credentials with sector expertise. Stuart Levi, co-head of the IP and technology group, has an industry background that helps him to understand the underlying drivers of agreements and transactions. Recent mandates included advising Novell in its acquisition by Attachmate and the concurrent sale of its intellectual property assets to CPTN Holdings in transactions worth $2.2bn, and EMC Corporation in its $2.25bn acquisition of Isilon Systems. Ivan Schlager represented Yahoo! as co-counsel in its ten-year partnership agreement with Microsoft. Jose Esteves specializes in IP monetization and finance, transactions relating to cleantech, pharma/biotechnology, IT, internet and media. West Coast partner Kenton King handles big-ticket technology deals, enabling the IT and e-commerce group to integrate technical expertise with the firm’s recognized transactional prowess. Other technology clients include SanDisk Corporation, Huawei Technologies USA and Citibank.
Weil, Gotshal & Manges LLP’s five-partner group in New York and Silicon Valley combines IP and licensing expertise with outstanding transactional prowess. Clients commend lawyers’ ‘industry knowledge, business acumen, responsiveness and terrific judgment’. In New York, Michael Epstein and Jeffrey Osterman undertake ‘complex multinational transactions’ for financial and corporate clients. Osterman, who clients consider ‘knowledgeable, responsive and understands our business’, assisted CA Technologies with its acquisition of Arcot Systems. Epstein advises technology clients, notably Hulu, on IP issues. Along with Karen Ballack in Silicon Valley, he represented Panasonic in licensing arrangements and integration of services such as YouTube, Amazon Video on Demand and Netflix into network enabled televisions. Charan Sandhu represented NBC Universal and parent General Electric in GE’s joint venture with Comcast that includes ownership of NBC Universal and Comcast’s cable channels and regional sports networks, Other key clients include Apple, Aruba Networks, Getty Images, Hulu, Microsoft and Symantec.
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, represents some of the world’s best known names. Highlights included assisting IBM with its $1.7bn acquisition of Netezza and its $1.4bn acquisition of Sterling Commerce from AT&T. An impressive client list includes Freescale Semiconductor, Qualcomm and Xerox.
Gibson Dunn’s strategic sourcing and technology transactions group benefits from the firm’s blue-chip corporate client base and leverages its institutional relationships and strategic alliances in the US and Europe. Led by leading outsourcing attorneys William Peters in Los Angeles, Daniel Mummery in Palo Alto and Stephen Nordahl in New York, it advises clients including Marsh & McLennan on technology procurement and outsourcing transactions. The group works closely with the firm’s information technology and data privacy group, launched in March 2011.
Gunderson Dettmer LLP represents West Coast entrepreneurs and venture capitalists, representing emerging technology companies from initial start up through to their acquisition, merger or IPO. It represents venture capital funds investing in emerging technologies and assists with fund formation, notably Kleiner Perkins and the Andreessen Horowitz Fund. Thirty-six partners in 4 offices handle corporate, M&A, venture capital, private equity and IP matters. In 2010, name partner Scott Dettmer, in Silicon Valley, and his team represented emerging growth companies in transactions with major corporate acquirers, negotiating the sale of five companies to Google and one each to Areva, Apple, Dell and Microsoft. Highlights included representing AdMob in its $700m acquisition by Google, ITA Software in its $750m sale to Google and Lala Media in its sale to Apple. Anthony McCusker acted in both these key deals. The 12-partner IP element of the practice handles significant transactions in the technology space. An expanding cleantech practice advised fast-growing technology and life sciences companies, and in 2010 extended its global reach to Asia, Europe and Latin America. This capability synchronizes with a strong corporate element adept at taking emerging companies through their life cycle. The team’s prowess in advising start-ups on licensing, strategic-partnering and early-stage transactional work has been crucial to its dominance of this corner of the market. Clients include Ariba, Selectica, Qlik Technologies, Alimera Sciences, Foursquare, Tweetdeck, Etsy and Tumblr.
Jones Day’s integrated technology transactions group combines specialist IP expertise with M&A prowess. With leading partners in Silicon Valley, San Diego, and Los Angeles working closely with the New York office, the group is recognized as a leading player in the technology space. Thomas Briggs in San Diego and Warren Nachlis in New York, have market-leading practices underpinned by specialist industry experience. 2010 saw increased activity in the biotechnology and pharmaceuticals sector, where the group acted on joint ventures, fund formations and acquisitions, notably representing Sanofi in a $398m exclusive global collaboration and licensing agreement with US biopharmaceutical company Ascenta Therapeutics. Big-ticket technology deals included advising Attachmate Corporation on its $2.2bn acquisition of Novell, which included a $450m sale of IP assets to a consortium led by Microsoft Corporation. Other clients include Abbott Labs, Bunge, Celgene, Gennum, SanDisk, SAP and VIZIO.
McGuireWoods LLP’s 22-lawyer integrated technology and outsourcing practice draws on the firm’s transactional and industry expertise. It focuses on the customer side, handling e-commerce and data privacy transactions combining ‘broad experience, expertise and market knowledge with a practical, results-oriented approach’. Clients include Fortune 100 corporations, governmental entities and nonprofit organizations, and emerging businesses. Recent mandates related to media and electronic publishing, outsourcing and ERP consolidation as well as open-sourcing and cloud computing. Clients rely on practice heads Stephen Gold and Scott Glickson in Chicago to ‘give the best possible answer, within real-world constraints’. Derek Roach advises on ERP system integrations, multinational software and information content licensing, and has particular expertise in electronic publishing. Bradley Salmon focuses on financial services, licensing arrangements and procurement. The dedicated IP element of the team includes specialist expertise in software licensing and represents licensors, licensees and joint owners. Clients include Rubicon Technology, Telos, Computer Aided Technology, and a numerous customer-side companies, including financial services, consumer brands, publishing and telecoms
Clients describe Shearman & Sterling LLP’s technology group as ‘excellent – a great resource’. Comprising more than 30 attorneys on the East and West Coast, it covers most technology sectors. 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, technology joint ventures and cleantech in the US and internationally. The firm leverages its global reach, putting together international teams to handle significant cross-jurisdictional deals. In 2010, it advised Sybase on its $5.8bn sale to SAP America and its acquisition of assets from Aleri, and represented Vector Capital in its $125m acquisition of Trafficmaster. Clients recommend Tina Patel in Menlo Park for her ‘good understanding of industry, technology and intellectual property issues’, and for providing ‘high-quality and timely service and good value for money’. Along with Sam Waxman in New York, who represents new client Sony Corporation of America, she handles transactions that require IP and technology skills, while Michael Dorf in San Francisco advises on mid-market Bay Area transactions and technology-focused private equity funds. Key clients include Nokia, Sungard Data Systems, STMicroelectronics, and tech-focused private equity firms Francisco Partners and Symphony Technology Group.
Sidley Austin LLP’s 54-lawyer technology transactions group focuses on capital markets, M&A, regulatory compliance and investment fund services. Commended for ‘excellent service in all respects’, the group has particular depth in IT procurement and outsourcing, digital media and entertainment, and life sciences. Jeffrey Rothstein in Chicago handles high-profile IP transactions and IT mandates, notably acting as co-counsel advising eBay on its £2.75bn sale of Skype. Other deals involve life sciences and technology expertise. Rothstein led teams assisting Monsanto on its crop gene collaboration with BASF, and GE Healthcare on its alliance with Intel to develop and market innovative technologies. Clients appreciate Mark Kaufmann’s ‘expertise, relationship skills and ability to get the deal done’, notably representing clients in the financial sector. A prestigious client list includes Hexima, Monsanto and Iridium Satellite.
Venable LLP recruited William Russell and Jim Nelson from DLA Piper LLP. According to clients, they are ‘good counselors with well-developed legal and business acumen, incredibly responsive and adroitly navigate confusing escalation paths’. Russell is ‘best in class’ for life sciences, representing GE Healthcare in negotiating a strategic alliance for distribution of its home healthcare product line. He also represented CAE, a Canadian provider of simulation and modeling technologies for the aviation industry, in acquiring the rights to cutting edge technologies. Russell and Nelson join the ‘outstanding’ Nora Garrote in Tysons Corner, who represents Care First Blue Cross in licensing and service agreements and IT outsourcing, and ‘has the requisite knowledge of technology issues and works hard to understand the specifics of each situation’. A J Zottola in Washington DC focuses on IP-related e-commerce.
Andrews Kurth LLP’s 37-strong technology and emerging companies practice, led by Carmelo Gordian and Matthew Lyons, is based in Austin, Dallas and Houston and focuses on the technology, telecoms and healthcare industries. Gordian’s clients include life science, software, telecommunications, semiconductor and energy sector companies. Together with David Kavanaugh, he represented Phoenix IP in its $70.1m acquisition of Iroko Pharmaceuticals. Lyons focuses on forming and operating businesses, capital raising strategies and M&A. He assisted Valence Technology with the issuance of a registered direct offering to Seaside 88. 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. Other clients include LDR Holding (LDR Medical), Innography, Spinal Restoration, Site-Controls, Nuventix and iCeutica.
Bracewell & Giuliani LLP’s ‘excellent’ technology practice was boosted by the arrival of ten former Fish & Richardson P.C. technology attorneys, including Edward Cavazos and Andrew Gajkowski in Austin, who represented longstanding client Builder Homesite in a strategic joint venture with Move to create Builders Digital Experience. Clients recommend Gajkowski’s ‘strong practical, business sense; excellent drafting skills; attention to detail and responsiveness’. In addition to energy and clean energy-related technology deals, the group handles matters involving software, video games and semiconductors. Michael Samardzija in Houston has a thriving life science and biotechnology practice. Key clients include Calnetix, Hellfire Games, Overstock.com and Volusion.
Covington & Burling LLP’s ten-partner integrated technology transactions group assists with ‘high-value, high-profile’ transactions including M&A, venture capital investments, public offerings, joint ventures, collaborations and licensing, distribution and outsourcing agreements, and internet and e-commerce matters. A diverse client list spans life sciences, financial services, energy, cleantech, sports, media, software and technology, communications, transportation, manufacturing and retail. Nigel Howard in New York is recommended as ‘practical and responsive and the quality of his work is exceptional’. In 2010, he represented American Airlines in negotiating a contract for an IT system and related services with ITA Software. In Washington DC, practice head and leading life sciences lawyer John Hurvitz represented global giant AstraZeneca in a worldwide collaboration with Targacept and Eisai in an exclusive license agreement with Helsinn Healthcare. Amy Toro in San Francisco assisted ExxonMobil in its license and research collaboration with Synthetic Genomics. Evan Cox and his team advised Microsoft on terms of service, intellectual property, liability, open source software and policy matters relating to their BPOS and Azure cloud computing services.
Fulbright & Jaworski LLP in Texas advises new and established businesses in the technology, engineering, energy and life sciences sectors on M&A, and funding and licensing and development agreements. Clients recommend the ‘exceptional’ David Peterman for complex transactions, notably assisting Lime Rock Partners with a joint venture with Petroleum Development Corporation. Charles Powell focuses on company funding, assisting Energy Alloys with a $180m expansion and restructuring of senior and mezzanine debt. Daryl Lansdale in San Antonio represented AT&T as lead investor in its multiple equity and debt investments in PlumChoice Online PC Services. In Austin, Darrell Windham represents Freescale Semiconductor. Other clients include DFB Pharmaceuticals, AirStrip Technologies Emergent Technologies and eVoltaic.
Gardere Wynne Sewell’s internet, e-commerce, and technology team advises clients with activities in regional, national, and global markets. Led by Peter Vogel in Dallas, who wins clients’ praise for ‘his legal expertise, his knowledge of our business and market and his responsiveness to our needs’, it advises web and software development companies, internet hosts, manufacturers of computer chips and communications technology, biotechnology and medical devices and customers of these and other internet-based services, notably social media. Highlights included representing longstanding client the Texas Department of Information Resources (DIR) in its eGovernment portal contract negotiations and management and assisting Health Language with licensing its software to customers worldwide.
Hogan Lovells US LLP handles strategic alliances, outsourcing and development agreements, technology transfers, and complex licensing arrangements, supported by the firm’s IP strength and broad global footprint. Zenas Choi in Washington DC, combines technology, telecoms and IP expertise, representing social networks and other new media clients. In McLean, Peter Porter focuses on outsourcing, and Shelly McGee’s clients include News Corporation. In Denver, copyright and trademark specialist David London represents software developers and vendors, internet service providers, computer chip and medical device manufacturers, notably advising TeleHealth Solutions on its web portal-based system for subscription-based health monitoring and assisting Quorum Business Solutions with IP matters.
Morgan Lewis’ strong technology transactions and outsourcing group features Rahul Kapoor in Palo Alto, who advised Toyota Motor Corporation in its $50m investment in electric roadster manufacturer Tesla Motors following Tesla’s £226.1m initial public offering. He assisted electronic vehicle networks and infrastructure provider Better Place with a $350m Series B financing in one of the largest-ever clean-tech investments. Other highlights included advising SanDisk Corporation on numerous technology and commercial transactions, notably a seven year patent cross-licensing transaction with Samsung Electronics.
Paul, Hastings, Janofsky & Walker LLP’s David Klein in New York handles IP-related technology transactions with an international focus, notably assisting Kaydon Corporation with a Chinese joint venture for the manufacture of wind turbine bearings. He represented Citco Group in technology agreements and global trademark filings. The group has particular expertise in the pharmaceutical and sector with Matthew Berger and his team in Palo Alto representing Korean Dong-A Pharmaceutical Co in its strategic alliance with GlaxoSmithKline. Jane Song in San Diego assisted the John Wayne Cancer Institute with its research grant and license with Abraxis Bioscience. A prestigious client list includes The Dow Chemical Company.
At Proskauer Rose LLP, co-head of the technology, media and communications group Jeffrey Neuburger advises clients on emerging technology and distribution methods, winning praise as a ‘responsive, knowledgeable leader, a zealous advocate and aggressive negotiator’. The group is recommended for its ‘efficient and good service’. Daryn Grossman represented Passlogix in its acquisition by Oracle Corporation and Markit North America in its acquisition of Wall Street On Demand. Kristen Matthews, who combines IP and transactional expertise is recommended as ‘hands-on, responsive and client-oriented with in-depth industry knowledge’.
Simpson Thacher & Bartlett LLP’s cross-practice handles multibillion-dollar M&A transactions, divestitures, joint ventures, debt and equity offerings, restructurings, outsourcing and licensing arrangements. Lori E Lesser, who co-heads the East Coast IP transactional practice, represented AOL in its $187.5m sale of ICQ, the leading instant messaging service in Russia and Eastern Europe, to Digital Sky Technologies, and represented AIG in its $4.8bn sale of two Japan-based life insurance subsidiaries to Prudential Financial. Other key clients include Apax Partners, Tommy Hilfiger Group, The Blackstone Group and Pinnacle Foods.
Vinson & Elkins L.L.P. in Texas advises private and corporate venture capital investors, private equity firms, and investment banks. Supported by a strong intellectual property practice, it represents sellers, purchasers, targets, and financial advisors in M&A and other transactions. The practice expanded in 2010, with a new Palo Alto office focusing on cleantech and renewable energy. Austin-based practice head William Volk and Robert Kimball in Dallas represented longstanding client Dell in its $3.9bn acquisition of Perot Systems. Together with Kyle Fox, who heads the Palo Alto practice, Volk represented Austin-based Lifesize Communications in its $405m sale to Logitech International. Nick Fox, the ‘up and coming’ Wes Jones and Chris Schmitt, also in Austin, are recommended.
Telecoms and broadcast: regulatory
Index of tables
Telecoms and broadcast: regulatory
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Leading lawyers
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- Robert Aamoth Kelley Drye & Warren LLP
- Antoinette Cook Bush Skadden, Arps, Slate, Meagher & Flom LLP
- John Janka Latham & Watkins LLP
- Michael Kellogg Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.
- Ted Livingston Mayer Brown
- Richard Metzger Lawler, Metzger, Keeney & Logan, LLC
- John Nakahata Wiltshire & Grannis LLP
- Jonathan Nuechterlein WilmerHale
- Michael Senkowski Wiley Rein LLP
- Bryan Tramont Wilkinson Barker Knauer LLP
- Richard Wiley Wiley Rein LLP
Covington & Burling LLP’s ‘highly skilled and responsive’ regulatory group is considered ‘the best in the field’ and its attorneys win praise for ‘high-quality work, responsiveness, acumen and value’, combining close ties to the Washington DC bar and the 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. Work in 2010 focused on developments in the online space including mobile DTV as well as legislative matters around broadcasting spectrum, signalling and retransmission consents. The group continues to represent clients at the FCC regarding legislative developments and regulatory investigations. Gerard Waldron, who rejoined the firm after a term on Capitol Hill as Chief Counsel of the House Select Committee on Energy Independence and Global Warming, operates at the intersection of communications and energy law and policy, advising on the emerging smart grid. The ‘superb’ communications and media practice group chair Mace Rosenstein, who combines transactional mandates with FCC expertise, leads a team representing Univision Communications, the nation’s largest integrated Spanish language media company and the fifth-largest broadcast network, in significant transactional matters; FCC compliance; and a dispute with the Arbitron ratings service and spectrum policy and strategy. Yaron Dori, who specialises in communications and privacy matters, advised longstanding client Microsoft on compliance with FCC rules and proceedings on net neutrality and the future of media and on product development and launches, including the Windows Mobile 7 Platform. Kurt Wimmer brings recent industry experience to the group. Co-chair of the technology and media group Jennifer Johnson focuses on broadcast and media work. Together with Jonathan Blake, she advises TV industry trade associations, the Association for Maximum Service Television (MSTV) and the National Association of Broadcasters (NAB), on legislative and regulatory issues including initiatives stemming from the FCC’s National Broadband Plan, which was submitted to Congress in March 2010. The firm’s range of expertise and prestigious client list are testament to the resources and energy it continues to commit to this practice area. Clients include Bank of America, TDS Telecommunications, Gannett Co, Hulu, Newport Television and NBC Television Affiliates.
Latham & Watkins LLP fields ‘a world-class team in terms of business acumen and industry knowledge’, drawing on the firm’s strength in IP, media, litigation, M&A and antitrust law and significant international footprint to advise a growing global client base. Based in Washington DC, the regulatory group handles a variety of roles 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 ranging from carriers to satellite and broadcast companies and investors in the dynamic telecoms industry as well as providing regulatory support to major investors in the communications sector. Matthew Brill ‘does a terrific job’, and represents Time Warner Cable in regulatory matters involving cable television, broadband and digital phone services, notably regarding net neutrality, spectrum auctions and proceedings before the FCC and in disputes with local phone companies. Partner and deputy practice chair, the ‘brilliant’ John Janka, receives plaudits for ‘business focused and strategic legal advice and fantastic judgment’. His ‘primary interest is ensuring his clients’ success’, and he is recognised throughout the market for his specialist expertise in the satellite industry. Work in 2010 included representing nationwide owner of newspaper and TV stations Freedom Communications in connection with its Chapter 11 reorganization. Jim Barker represented Leap Wireless and Cricket Communications, the seventh largest wireless carrier in the US, on M&A transactions and joint ventures, spectrum swaps and leasing arrangements, the US spectrum auction process and high-profile FCC proceedings involving wireless roaming issues and joint ventures formed under FCC rules. He provides regulatory advice to Toyota regarding in-vehicle entertainment and information services. Former FCC advisor Karen Brinkmann represented CenturyLink at the FCC regarding its acquisition of Qwest. 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. A cohesive international outlook has given the group an advantage in winning and retaining clients with foreign interests, and overseas clients looking to move into the US market. Clients include ViaSat, Inmarsat, Global Crossing, Regent Communications, USA Mobility, Discovery Communications and Telecom Italia.
Wiley Rein LLP’s ‘expertise in FCC matters is the best. It is able to get things done, and brings expertise and energy to the tasks’. The 48-partner group handles regulatory and appellate work as well as litigation and big-ticket transactions. The integration of regulatory and public policy has been the cornerstone of the team’s structure; matched by only a few communications boutiques, which are unable to match the firm’s level of resources. The team, which includes a blend of attorneys with backgrounds at the commission and young talent, is recommended for ‘difficult projects where specialized expertise and scalability are important’ and is praised by clients as ‘outstanding on all counts’. Former FCC chairman, firm founder and communications practice head Richard Wiley is recognized throughout the industry as a ‘leading practitioner’, and in 2010, the team was further strengthened by the arrival of litigator William Consovoy from the Supreme Court. Flagship clients in each sector are able to retain teams of specialists, lawyers with decades of FCC dealings and ancillary litigation and appellate expertise. The team has consistently wins mandates as regulatory counsel on high-profile mergers. Michael Senkowski, chair of the telecommunications practice, and Nancy Victory represented Verizon Wireless in its $28.1bn acquisition of Alltel, in the most significant merger in the telecommunications industry in recent years, making Verizon Wireless the largest US mobile phone service provider. The team handled all regulatory aspects of the deal, notably securing FCC approval of the transaction in under five months. The team is frequently the first stop for carriers on FCC matters. Helgi Walker successfully represented Comcast in appealing the FCC’s first network neutrality enforcement. Wiley and his team are representing companies including Newspaper Association of America, Belo, Gannett, Morris Communications and Clear Channel Communications in connection with proposed revisions to FCC multiple ownership rules, including elimination of the ban against common ownership of a newspaper and a broadcast station in the same local market, both before the FCC and in ongoing litigation before the US Court of Appeals for the Third Circuit. The group assists numerous banks with media company restructuring, notably representing JPMorgan Chase Bank as administrative agent in connection with the bankruptcy of the Tribune Company. Andrew McBride, who is commended for his ‘excellent presentations to appellate courts, excellent analytical work’, is representing Verizon Wireless in continued proceedings of the Murray v Motorola litigation regarding the alleged health effects of radiofrequency emissions. ‘Excellent litigators’ Joshua Turner and John Barry are also recommended. Other clients include, Ericsson, Nokia, Motorola, Viacom/CBS, AT&T and Goldman Sachs.
Telecoms boutique Wilkinson Barker Knauer LLP’s market-leading practice is commended as ‘expert in FCC regulatory matters and responsive to clients’ needs’. With 43 attorneys devoted to communications and technology law, following significant expansion in 2009, the firm now has the largest such stand-alone practice in the country and continues to win and retain high-profile clients. A team led by Kenneth Satten, who heads the firm’s broadcast and media practice, is lead FCC counsel to NBC Universal (NBCU) in Comcast-General Electric-NBCU Joint Venture, and is involved in applications for FCC consents surrounding a $30bn transaction that will combine the NBCU broadcast, cable network, film, and theme park businesses with Comcast’s cable networks, regional sports networks, and certain digital properties. Clients commend former FCC chief of staff and managing partner Bryan Tramont is ‘an excellent lawyer who also has a pulse on the industry and the FCC’, and regularly provides strategic FCC counsel to Verizon Communications. Cheryl Tritt, who clients praise for her ‘leadership, savvy, and business acumen’, successfully secured FCC Approval for Atlantic Tele-Network in a 26-market acquisition from Verizon Wireless David Solomon, whose ‘years at the FCC make him a very effective lawyer’, and Russ Hanser, described as ‘one of the best and fastest writers’, successfully represented longstanding client Qwest Communications in litigation to stop traffic pumping schemes, whereby conference calling and chat-line charge long-distance providers rates vastly in excess of the costs imposed by the traffic. ‘Rising star’ Adam Krinsky is ‘extremely strong on wireless issues and is very effective as a litigator and advocate at the FCC’. Ray Gifford and his team in Denver strengthen the firm’s state regulatory and smart grid practice. William Maher is also recommended. Other key clients include Bonneville International, Cisco Systems, Cox Enterprises, CTIA-The Wireless Association, DISH Network and the Telecommunications Industry Association.
Bingham McCutchen LLP’s ‘responsive, insightful and thorough’ team acts as regulatory counsel in a wide range of matters, from restructurings and litigation to mergers and private equity transactions for competitive local exchange carriers (CLECs) and others operating in the communications industry. According to clients, it has been ‘instrumental in securing policy outcomes pivotal to our industry’s future’. ‘Strong team leader’ Andrew Lipman and Jean Kiddoo ‘listen to their clients, understand their objectives and offer sound advice’. In 2010, Lipman and his team represented some 36 applicants for federal broadband stimulus funding, including applicants which were granted approximately $250m in funding. The transactional and regulatory elements of the practice are closely linked, enabling Lipman and his team to handle numerous matters for Level 3 Communications, including FCC representation in major universal service contribution policy proceedings; in the FCC’s important special access proceedings advocating a freeze of current pricing pending further investigation and reform; in significant proceedings before the Washington state commission and state and federal courts concerning an intercarrier compensation dispute with Qwest and in regulated financing transactions valued at nearly $1bn, which involved structuring advice and obtaining government approvals. Other work included representing global audio equipment manufacturer Shure in a prolonged controversial spectrum policy before the FCC and legislators. Key clients include Skype, MagicJack and Vonage.
Dow Lohnes PLLC 25-strong telecoms regulatory team handles broadcast and cable matters for clients across the media sector, and is commended as an ‘outstanding boutique with a pulse on specific industry issues and ability to provide practical advice’. Michael Basile and his team represented a coalition of 16 local television station groups that own and operate 225 stations in an FCC proceeding focused on the delivery of high-speed broadband services to underserved areas of the country and the possibility of using additional radio frequency spectrum to support wireless broadband networks. Network neutrality is another important concern. Having built outward from a core of media clients, the team has embraced the regulatory and transactional aspects of industry consolidation and the collocation of services and has assisted numerous television station clients in successfully completing the transition of their transmission facilities from analog to digital operation. The team assists media companies with financial, business and regulatory matters, supported by a dedicated tax planning group. In 2010, it continued to undertake mandates at the intersection of FCC requirement and bankruptcy rules, notably representing Tribune Company in relation to its Chapter 11 bankruptcy proceedings, advising on ownership issues and working to obtain the FCC approvals necessary for the reorganized company to emerge from bankruptcy while retaining its existing newspaper-broadcast combinations and television duopolies. John Feore and John Logan have significant involvement in complex ownership issues. Anne Swanson is recommended as ‘incredibly responsive, diligent, hard-working and a great writer’. Kevin Latek is commended for his ‘exceptional knowledge of carriage issues’, and David Wittenstein for his ‘knowledge and experience in intellectual property and new media’. Trademarks expert Mitch Stabbe and Christina Burrow, who has a ‘good knowledge of the practical application of political rules’, are singled out for praise. In 2011, the team was further strengthened by FCC veteran Michael Pryor from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. in Washington DC. Other key clients include Cox Communications, Comcast, Allbritton Communications, McGraw-Hill Broadcasting, Local TV, TiVo and Ion Media Networks.
Hogan Lovells US LLP’s ‘excellent, efficient and cost-effective’ group has increased its depth and extended its international reach. Its 20-lawyer group in Washington DC can rely on the support of a global network of some 200 lawyers working in the technology, media and telecoms industry sector. The group’s regulatory and transactional specialists offer a wide range of services for longstanding clients. 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 her team represent Vodafone on FCC broadband regulatory and spectrum policy matters, including monitoring developments on network neutrality and broadband reclassification, and assist with advocacy efforts. The firm also advises T-Mobile USA on FCC proceedings focusing on broadband regulatory and spectrum policy matters. Ari Fitzgerald and Mark Brennan have ‘extensive experience and relationships with the FCC and a deep knowledge of current and proposed regulations’. Other highlights included advising AirCell in its acquisition of a broadband air-to-ground license, and assisting with its efforts to apply for broadband stimulus funding; and assisting Sprint Nextel with filings and strategic advice in regulatory proceedings involving spectrum issues, including wireless broadband filings, TV white spaces and the AWS-2 spectrum bands. 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. Daniel Brenner assisted Bright House Networks on repricing the pole attachments used by cable operators to provide broadband service, leading to a positive recommendation in the FCC’s National Broadband Plan. Zenas Choi’s practice focuses on the juncture of technology and telecoms, with particular expertise in satellite-related matters. Karis Hastings, who represents SES World Skies, is recommended as ‘supremely patient, extremely experienced and knowledgeable and a pleasure to work with. Government agency officials know, respect and like her’. Joel Winnik is ‘extremely knowledgeable, smart and responsible; he has contacts everywhere and knows everyone’. Clients include Tata Communications, General Motors, GE Health Care, ATX Group, Fox and XO Communications.
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. According to clients, the group’s ‘broad telecom practice can provide expert assistance in all areas of telecom. No firm has a stronger practice in this area’. Clients appreciate practice head Robert Aamoth for his ‘understanding of past and present telecoms issues and regulatory bodies in different jurisdictions’ and his ‘diplomacy in international negotiations’. He continues to represent Guyana Telephone & Telegraph (GT&T) in its ongoing efforts to establish a new interconnection agreement with its principal mobile competitor in Guyana. These efforts have included first-chair representation of GT&T in open hearings before the Public Utility Commission concerning establishing fixed and mobile termination rates, as well as negotiating the rates, terms and conditions of an interconnection agreement. Aamoth also works with foreign carriers entering the US market. Brad Mutschelknaus represents carriers in matters before the FCC, state PUCs and in federal courts Steven Augustino has a particular focus on defending clients in FCC enforcement actions, including Universal Service Fund (USF) audits and compliance investigations and has filed multiple appeals of USAC administrative decisions. Clients appreciate his ‘excellent business acumen which means that his insight is on point and applicable, from a legal perspective, and from a real world business perspective’. John Heitmann is commended for ‘quick, cost-effective solutions’. 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 appellate matters related to telecommunications and antitrust law’, and handles numerous matters before the FCC and, where necessary, 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 recommended, along with litigator Colin Stretch. David Frederick successfully represented cell phone providers and manufacturers in the Court of Appeals for the Third Circuit, which held that state-law claims predicated on radio frequency emissions that differed from FCC standards were preempted by FCC rules. He is 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. Clients include 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 official Richard Metzger. The firm’s core competence of advising leading wireless and wireline carriers on FCC compliance issues has won it an excellent market reputation and a loyal client following. Attorneys’ expertise on boundary-pushing compliance, spectrum, and licensing proceedings, along with the partner attention and personal service that characterize a smaller boutique firm, gives the firm an edge over larger and more generalist practices. The team represented longstanding client Sprint Nextel in special access pricing proceedings before the FCC and wireless-related issues, and advised Comcast on the provision of VoIP, as well as assisting in legislative efforts at the federal level on its behalf, notably in relation to the universal service fund. Former FCC staff, name partners Richard Metzger, former chief of the Common Carrier Bureau, Gina Keeney and Charles Logan give the group a unique combination of public service and private practice experience which support its negotiating strength. Gil Strobel is also recommended. The firm also has substantial experience with FCC merger review proceedings, advising Comcast on its acquisition of Cimco Communications, and General Electric in its joint venture with Comcast involving NBC Universal. The group is advising XO Communications on the National Broadband Plan.
Sidley Austin LLP’s 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 activity in the US 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 team’s ‘level of service is excellent, with particular expertise in FCC matters’. Recent mandates for AT&T include advising on wireless regulation and roaming rights, acting on several inter-carrier compensation disputes, and advising on the auction of wireless spectrum for broadband services. Cybersecurity and location reporting are other key issues. 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 multiple ownership of television stations. The firm has also represented News Corporation and Fox in a variety of 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. Schneider and Michael Nemeroff successfully represented United States Cellular (USCC) in responding before the DOJ and FCC to a complaint filed under the False Claims Act against an FCC applicant in which a USCC subsidiary is the significant limited partner. The DOJ declined to prosecute the complaint, and the FCC granted the related applications.
Skadden, Arps, Slate, Meagher & Flom LLP’s communications group is led by Antoinette Cook Bush, who is considered the ‘go-to person for political and technical advice on FCC regulation’. The team has repeatedly demonstrated that it offers the skills and resources to execute the most complex regulatory instructions and orchestrate compliance on large-scale complex transactions for flagship clients in the wireless, wireline and cable industries. These skills, in the context of a practice with ties to some of the largest names in media and broadcast, have given the team the ability to win high-profile engagements. Cook Bush represented ABC, CBS, FOX, NBC and Univision, the five largest broadcast networks, in defending the statutory retransmission consent regime, which permits broadcast station owners and networks to bargain for fair compensation in exchange for cable and satellite operators’ right to retransmit the broadcasters’ signals. She also advised Hargray Communications on the FCC’s review of its local switching support regulations and together with Cliff Sloan, who combines telecoms with media expertise, she advised Motion Picture Association of America (MPAA) on the FCC’s broadband plan, content piracy, and other proceedings at the FCC. Ivan Schlager’s clients include Huawei Technologies USA, a global telecommunications solutions provider. Jared Sher, who advises Viacom, News Corporation and Border Media, is singled out for praise. The group continues to represent Virgin Mobile in regulatory, business and transactional matters involving its mobile virtual network operator service offering, including federal and state regulatory compliance, and advises T-Mobile USA on various wireless regulatory and tax issues.
Steptoe & Johnson LLP’s seven partner group, led by satellite and wireless expert Philip Malet in Washington DC, is ‘the best in the field’, representing the leading names in the wireline, wireless, satellite, media, and internet sectors. Specialisms include wiretapping issues associated with the Communications Assistance for Law Enforcement Act of 1994 (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 assisting DISH to obtain “qualified carrier” certification, thus gaining a waiver of a nationwide court injunction, and winning the right to provide distant network stations to qualified subscribers. The team represented DISH in its effort to obtain meaningful net neutrality rules, including non-discriminatory access to the broadband pipe, and equal treatment of the EchoStar Sling product on mobile broadband platforms. Other work included representing AOL in relation to net neutrality and the Comcast merger proceeding. 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 technology department Alfred Mamlet is representing joint venture OnAir Switzerland on FCC, legislative, security, and FAA issues involved in providing in-flight telecommunications services to mobile phones – services that are currently prevented by US law. Other major clients include Inmarsat, Cricket Communications and Alinda Capital Partners.
WilmerHale offers expertise and experience 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 litigation in federal, state and European courts and agencies; and assists with complex deals and related matters. Nuechterlein, who is recommended for his ‘high-quality analysis and legal thinking’, advised AT&T on the National Broadband Plan and in the Court of Appeal opposing the cable television industry’s appellate challenge to new FCC rules that require incumbent cable companies to share affiliated programming with rival multichannel television providers. He successfully represented Quest Communicationsand T-Mobile in appellate litigation. Samir Jain represents satellite communications provider Globalstar on a range of regulatory issues before the FCC, including applications and other necessary filings to modify its licenses to 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.
Communications and technology boutique Wiltshire & Grannis LLP is known as the ‘go to firm for FCC advice’ as the majority of its attorneys have had prominent roles in the commission. 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 knowledge of the industry as well as policies, procedure and processes. Christopher Wright, who heads the appellate practice, and Paul Margie, who combines telecommunications and technology expertise, are recommended. Name partner William Wiltshire 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 public utility commissions. It represents 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; Kent Bressie advises Tyco, a leading supplier of undersea cable systems. The team is particularly strong the wireless and satellite arenas, with recent mandates include representing equipment manufacturers on technical and spectrum policy matters before the FCC. It also advises on convergence-related matters, including mobile technology, VOIP and the National Broadband plan and how existing FCC rules apply to new technology. Clients include T-Mobile, Sprint Nextel, CTIA (The Wireless Association), Comcast, Atlantic Broadband, Vantage, Cisco and Dell.
Arnall Golden Gregory LLP’s practice, led by Don Hackney in Atlanta, provides regulatory assistance to telecommunications clients at federal, state and local levels. Work includes 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 is praised for his ‘responsiveness and excellent work’ and 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. 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.
Cahill Gordon & Reindel’s Chérie Kiser undertakes regulatory, litigation and transactional support work. In 2010, she successfully represented Intrado Communications in a series of arbitrations against Verizon, AT&T, Embarq and other regional telecommunications carriers in disputes arising from interconnection agreements. She represented Intrado before the FCC, state agencies and courts in connection with its deployment of a nationwide 911 services IP network. Other highlights included representing the firm’s roster of leading investment and commercial banks as regulatory counsel in various financings and other transactional support. Clients include Cable One and RNK.
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 and litigator John Harrington in Chicago, is recognized as ‘responsive and knowledgeable regarding federal and state regulatory matters’. Feder, who wins praise for ‘listening well to clients’ goals and objectives’ and for his ‘strong writing and verbal advocacy skills’, acted as lead counsel for Cablevision on the FCC’s broadband reclassification proceeding concerning whether to change the framework for regulating broadband internet access, and assisted Comcast in securing FCC approval of the Comcast-NBCU transaction. Harrington and his team successfully represented longstanding client Neutral Tandem in a series of regulatory disputes and federal litigation matters. In 2010, the team handled significant content-related communications work for the firm’s music industry and media clients, notably representing the Recording Industry Association of America in the FCC’s net neutrality proceeding and is commended for providing ‘superb, top notch legal analysis’. Other clients include Sprint, Sorenson Communications and several industry associations.
Mayer Brown combines regulatory expertise with a nationwide telecoms litigation practice. Although the seven-partner group is relatively small, it provides ‘first-class service’ and 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 offer extensive litigation experience across the state courts and before the FCC. The group handled 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. In just 30 days during February and March 2010, partners in our group argued three appeals before the United States Court of Appeals for the Fifth Circuit – and won them all. 2010 saw increasing focus on net neutrality, wireless services and data infrastructure as well as an increase in class actions around the location of cell towers. The team represents major client AT&T in disputes with local authorities over local communications regulations. It is representing AT&T Mobility in several states where permission was denied for cell towers. Chicago partner Ted Livingston, who leads the practice, has represented AT&T dating back to the group’s formation, offering ‘excellent value, knowledge, advice and results’. He is currently handling numerous antitrust cases which involve communications regulatory rules and orders, and consumer class actions under the communications laws, successfully arguing for the dismissal of a class action challenging the FCC order prohibiting exclusive deals between video providers and owners of apartment complexes. Together with Hans Germann, Livingston 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 obtaining a $31m judgment against the defendant carriers from a federal district court in North Carolina. Demetrios Metropoulos also represents 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 AT&T customers’ 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.
Paul, Hastings, Janofsky & Walker LLP advises on the regulatory aspects of complex transactions as well as stand-alone regulatory matters. Its ‘knowledgeable and responsive’ integrated telecoms practice benefits from the firm’s transactional and corporate strength and broad national and international footprint. In Washington DC, Carl Northrop advises wireless companies on federal regulatory issues, licensing work, regulatory policy issues (at the FCC and on Capitol Hill) and communications-related litigation. Telecom regulatory work for longstanding client MetroPCS, the fifth largest facilities-based provider of broadband personal communications services in the US, included FCC regulatory and policy advice on net neutrality, broadband reclassification, data roaming and spectrum allocations. The group also handles the extensive regulatory sections of the company’s SEC reports and regulatory aspects of financing transactions, including a $750m notes offering completed in September 2010, and the purchase and sale of wireless spectrum and telecommunications assets. Tara Giunta specializes in international telecoms and satellite-related work, notably acting as counsel of record in Telx’s IPO, assisting with the preparation of regulatory risk factors in connection with the IPO and a prior debt financing transaction. She advised on complex and nuanced area of dark fiber and the regulatory intersection of telecommunications and information services and on the complex regulatory implications of potential new service offerings. Stephen Kinnaird is commended for his telecom appellate work. Other key clients include Revol Wireless, Syniverse HBK and foreign governments and institutions.
Pillsbury Winthrop Shaw Pittman LLP’s communications group handles broadcast, satellite and telecom work and is commended for its ‘strong industry knowledge of satellite communications, and consistently identifying important issues well in advance’. 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 is representing longstanding client Sinclair Broadcast Group in challenges to FCC “eight voices” test and to FCC’s “Quadrennial Regulatory Review” decision and in retransmission dispute with Mediacom Communications Corporation. Bruce Jacobs, who ‘has a tremendous fund of knowledge in difficult areas of satellite and spectrum law’, is advising LightSquared secure FCC approval for improvements to its authorization to reuse its satellite spectrum to operate a nationwide 4G LTE terrestrial wireless network. John Hane assisted Skybox in obtaining NOAA and FCC authorization to launch and operate an innovative and cutting-edge earth imaging satellite system. Richard Zaragoza provides regulatory support in major transactions, notably assisting Mercury Capital and its affiliates with acquiring interests in radio station properties and advising Alta Communications on FCC-related issues and strategies for its broadcast investments, including acquisitions, sales and restructurings. The group also advises financial institutions and investment companies that operate in the communications space. Other key clients include the National Alliance of State Broadcasters Associations (NASBA) and Atalaya Capital Management. Litigator Bob Metzger, in Los Angeles, advises on issues such as video services offered by telecom companies, compliance of IP video product with state laws, and municipal attempts to regulate carrier deployment of landline and wireless facilities. He also assists with the development of regulatory strategies and dealings with local and state governments.
Sheppard, Mullin, Richter & Hampton LLP’s communications practice is led by litigator Chris Huther in Washington DC, who advises equipment manufacturers on navigating FCC equipment regulations. In 2010, he represented GTE, Verizon and SBC in development defense, and critique of telecommunications cost models; and acted for Verizon in pole attachment and intercarrier compensation litigation. Brian Weimer specializes in satellite, broadcasting and wireless matters. His primary satellite clients include SAT-GE and SES World Skies, and also acted as corporate and FCC regulatory counsel to San Diego Gas & Electric (SDG&E) in connection with its acquisition of two wireless licenses from a subsidiary of NextWave. Megan Troy focuses on telecommunications litigation, regulation and policy.
Telecoms and broadcast: transactional
Index of tables
Telecoms and broadcast: transactional
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Leading lawyers
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- Patrick Campbell Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Glenn Gerstell Milbank, Tweed, Hadley & McCloy LLP
- Michael Gillespie Debevoise & Plimpton
- John Janka Latham & Watkins LLP
- Andrew Lipman Bingham McCutchen LLP
- Carl Northrop Paul, Hastings, Janofsky & Walker LLP
- Mace Rosenstein Covington & Burling LLP
- Ivan Schlager Skadden, Arps, Slate, Meagher & Flom LLP
- Robert Townsend Cravath, Swaine & Moore LLP
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. Clients appreciate its ‘ability to be efficient but also to dedicate substantial resources to a project when necessary’. This collaborative approach combined with a significant international footprint enables the group to offer a valuable perspective when advising foreign firms establishing a US presence. The group combines transactional and regulatory strength to facilitate big-ticket and mid-market deals in an increasingly active transactional market. The ‘absolutely brilliant’ John Janka is singled out for praise by clients who consider him ‘more as a member of our team than an outside lawyer’. In 2010, he led a team representing satellite communications company Viasat in matters including the $575m acquisition of WildBlue Communications, one of the largest satellite broadband service providers in the US, and the acquisition of Stonewood Group, a UK-based data encryption company, in a transaction involving a $275m high-yield debt offering and a $230m equity offering. Janka also represented Sirius XM, Arquiva and BBC Worldwide in transactions and joint ventures. Clients highlight the successful integration of a national corporate and finance practices, combining West Coast and East Coast expertise with Washington DC specialists. A team led by Jim Barker represented wireless carrier Leap Wireless and Cricket Communications in capital markets matters, M&A transactions and joint ventures, spectrum swaps and leasing arrangements. Barker and Rachel Sheridan represented Jeffries & Company in a Senior Secured Notes offering by Primus Telecommunications Group of $130m and JPMorgan in Senior Notes offerings by Sirius XM Radio and SM Satellite Radio. Other key mandates included assisting The Carlyle Group with its acquisition of CommScope, a global leader in infrastructure solutions for communications networks, in a deal that included $2.6bn in committed financing. The team is differentiated by its blend of industry knowledge and international corporate and financial prowess, which enables it to represent banks and private equity companies investing in the industry. Other leading attorneys include Matthew Brill; Karen Brinkmann, who advised CenturyLink on its merger with Quest, combines corporate and regulatory expertise; and Theresa Baer, who specializes in international transactions. Clients include Time Warner Cable and BBC Worldwide.
‘Top communications firm’ Covington & Burling LLP has an excellent reputation in transactional work, acting on some of the most prominent deals in the sector. According to clients, ‘service is absolutely top notch’. Mace Rosenstein, chair of the firm’s communications and media practice group, is respected by peers and clients alike. 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 and its private equity sponsors Providence Equity Partners, TPG Capital, Madison Dearborn Partners, Thomas H Lee Partners and Saban Capital Group, in a $1.2bn transaction, in which Mexican media company Grupo Televisa will make a substantial investment in Univision, and the long-term Program License Agreement between the two companies will be expanded and extended. Together with Yaron Dori, Rosenstein is advising Bank of America in connection with the restructuring of FairPoint Communications. Kurt Wimmer, who applies his recent industry experience to ‘provide direct counsel on public policy, content rights and contractual matters’, advised nine leading television station groups on the formation of Pearl Mobile DTV and represented the Pearl group in negotiating a joint venture with FOX Entertainment, ION Television and NBC Universal to develop a new national mobile content service. In 2010, Gerard Waldron rejoined the firm after a term on Capitol Hill as Chief Counsel of the House Select Committee on Energy Independence and Global Warming. Other key clients include MSD Capital, TPG Capital and National Hockey League.
Dow Lohnes PLLC remains the only domestic firm to provide genuine competition to the international giants in this sector and is commended for ‘dedication beyond that which any big firm can provide’. The ‘excellent’ 22-lawyer team in Washington DC combines regulatory and transactional expertise and is representing a group of television broadcasters, which collectively own over 400 stations, in the formation and operation of the Mobile 500 Alliance, a consortium committed to accelerating the nationwide availability of the Mobile DTV service, which enables consumers to watch live television on their laptops, smart phones and other mobile devices, as well as out-of-home platforms such as billboards and vehicles. Lawyers ‘call back quickly, are attentive and most importantly understand our business and are hooked into our industry’. The firm 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 assisting Cox Enterprises with the sale of the publishing operations of News-Journal Corporation and Volusia Pennysaver, to Halifax Media Acquisition; representing Discover Media in connection with its sale to Kalmbach Publishing Company; assisting Local TV, a portfolio company of Oak Hill Capital Partners, with its acquisition of WGNT (TV) from CBS Television and acting for Ion Media Networks in connection with its acquisition of WQEX (TV) from WQED Multimedia. The team regularly represents 12 television station groups owning and operating over 275 stations across dozens of diverse television markets across the US. 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 other 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 Union Pacific Railway, Norfolk Southern Railroad and CSX Railroad in the acquisitions of spectrum and technology, the formation of joint ventures, and obtaining unique FCC relief for operating positive train control networks, a proposed communications system that transmits information about a train’s location, preventing unsafe movement. The merger with Lovells has extended the team’s international reach and ability to apply relevant expertise from its overseas offices to clients involved in foreign joint ventures and M&A transactions. Audrey Reed in McLean represents Hulu, and Daniel Brenner and Joel Winnick advise cable television company Bright House Networks on issues around wireless broadband roaming. Other key clients include Qwest, XM, Bell Canada, Alltell, US Cellular, Sprint Nextel and Fox.
Milbank, Tweed, Hadley & McCloy LLP’s global interdisciplinary communications group, led by Glenn Gerstell in Washington DC, concentrates on big-ticket work. Gerstell 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. The group recently represented Bharti Airtel in the multibillion-dollar financing for its acquisition of Zain’s African assets, in one of the largest-cross border deals out of India. Financing work included representing Standard Bank in its financing for Helios Towers in Ghana; acting for the sponsors in the development and construction of new submarine cable systems in Southeast Asia and the Caribbean, advising various banks in several billion dollars worth of credit facilities to America Movil, Latin America’s largest telecom operator; and representing underwriters to Telemar, one of Brazil’s largest fixed line and wireless operators, in a series of bond financings. In the US, the team focuses on complex transactions driven by consolidation in the market and technological advance, and represents innovative start ups. It assisted LightSquared with an $850m senior secured credit facility for the construction of its integrated wireless broadband and satellite 4G-LTE wholesale network. ‘Excellent’ 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 a $2.65bn senior notes offering and related consent solicitations, and in a $3.75bn senior secured credit agreement comprising a $3.25bn term loan facility and a $500m revolving credit facility, used to repay existing indebtedness of Intelsat Corporation and Intelsat Subsidiary Holding Company. Other clients include O3b Networks, Hughes Network Systems and Iridium Satellite, as well as various 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, both on corporate issues and before the FCC. He has acted on a long list of industry leading transactions for prestigious clients, notably IntelSat. Together with James Schwab, chair of the firm’s media and entertainment group, he advised Sony Corporation on a broadband-related joint venture. Other highlights included advising longstanding client Ericsson in its acquisitions of Nortel Networks’ Global System for Mobile businesses and Multi-Service Switch business, complementing the $1.1bn acquisition of Nortel’s CDMA and LTE businesses in 2009. The team increased its activity in cable and broadcast. Henk Brands successfully represented Time Warner Cable before the FCC against claims by WealthTV that Time Warner Cable discriminated against it in violation of the Communications Act and FCC rules. The group also advised Time Warner Cable in connection with its additional $1.56bn equity investment in Clearwire Corporation. Clients include BT, Cablevision Systems, Soros Funds, Sprint Nextel and Tower.
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. Recent highlights include Jared Sher representing Scripps Networks Interactive in its $975m joint venture with Cox Communications to acquire a controlling interest in the Travel Channel, and Ivan Schlager representing global telecommunications solutions provider Huawei Technologies. The firm’s international reach is another important advantage. Howard Ellin in New York represented News Corporation in its sale of a controlling stake in three Chinese television stations and a Chinese movie library to China Media Capital, a private equity firm. Together with Lou Kling, he represented News Corporation in its $11.5bn proposed acquisition of the remaining stake in British Sky Broadcasting Group. Clients include Border Media, Activision, XM Satellite Radio, Viacom, Alcatel-Lucent, Univision Communications, Credit Suisse, CIBC and Bank of America.
Arent Fox LLP represents smaller carriers and start-ups in negotiations with content providers and disputes with the large telecoms operators and incumbents. Recent cases focused on mobile content and internet access and net neutrality. In Washington DC, Ross Buntrock secured a large win for Great Lakes Corporation in a telecoms dispute with Iowa Utilities Board involving inter-carrier compensation. In a matter concerning free speech on the internet and the ability of mobile phone companies to block text messages due to their content, Mike Hazzard successfully represented low-price text messaging alert service EZ Texting against T-Mobile over the blocking of text messages for a medical marijuana website. Alan Fishel and Jeffrey Rummel helped to obtain more than $160m in grants to enable Internet2 and University of Arkansas for Medical Sciences to develop next-generation broadband services. Other clients include Hypercube Telecom, Infrasource, Mobile Marketing Association and Securus Technologies.
Arnall Golden Gregory LLP’s transactional telecoms practice is evenly split between wireless and wire line 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. Don Hackney in Atlanta and his team are involved in a multi-year project representing a national communications carrier in connection with negotiating and obtaining numerous cable franchises with city and county governments, and represent the largest independent incumbent local exchange carrier (ILEC) in a large Midwestern state in connection with building an advanced telecom network to connect regional hospitals and other rural 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.
Clients consider Baker Botts L.L.P. ‘superior in all respects for transactional work’ and commend its ‘deal lawyers’, who ‘understand clients’ goals and work diligently, creatively and efficiently to achieve them’. The team in New York regularly assists holding company Liberty Media Corporation with its investment in media businesses, 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. The ‘exceptionally talented, creative problem solver’ Lee Charles and newly promoted partner John Winter represented OpenTV Corp in its $154m acquisition by Kudelski. Bill Howell assisted MetroPCS Wireless, the fifth largest facilities-based wireless carrier in the United States in public offerings of senior notes aggregating $2bn.
Bingham McCutchen LLP’s Washington DC practice represents telecom clients in regulatory, transactional and litigation matters. The highly respected Andrew Lipman and his ‘responsive, insightful and thorough’ team handle 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 group is supported by the firm’s expanding corporate practice and its impressive track record of representing local carriers in regulatory and transactional matters. Lipman’s practice handles the firm’s most prominent US and international communications transactions and the firm’s strength in M&A and close ties to private equity and other investors, as well as carriers, provides a steady stream of work. It has recently acted in numerous competitive carrier acquisitions including PaeTec-Cavalier, KDL-Windstream, Zayo-AFS, Zayo-AGL, Fibertech-Lightower-Veroxity and Lightower-Lexant, and provides regulatory and corporate advice to competitive local exchange carriers (CLECs) and foreign carriers. Clients appreciate Catherine Wang’s ‘experience, strategy and expertise’. Jean Kiddoo, who is described as a ‘valuable resource across all policy issues, and has been deeply involved in numerous acquisitions’, and William Wilhelm are also recommended.
Cravath, Swaine & Moore LLP’s ‘excellent’ integrated telecoms transactional team is considered ‘excellent for mergers and acquisitions’. Robert Townsend, George Schoen and Craig Arcella represented Frontier Communications in connection its $8.6bn acquisition of 4.8m access lines from Verizon Communications in a transaction which positions Frontier as the largest pure rural telecommunications carrier in the United States. A group including top litigator Katherine Forrest represented privately held CLEC NuVox in connection with its $643m acquisition by Windstream. Other work included representing Cincinnati Bell in its $525m acquisition of Texan data center operator CyrusOne and the related $970m bank financing. The group’s international strength is highlighted by its representation of Telefónica, as US counsel, in its €7.5bn acquisition of a 50% stake in Brasilcel from Portugal Telecom, and its involvement in international capital markets work included representing the underwriters (led by Deutsche Bank and Morgan Stanley) in the €759m 144A/Reg. S initial public offering of Kabel Deutschland Holding, the largest cable television operator in Germany. Other key clients include Crown Castle, Naspers, Rogers Communications, Time Warner and Qualcomm.
Debevoise & Plimpton’s 35-strong media group has over 25 years’ experience, focusing on 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 in corporate and private equity matters help it win prestigious, big-ticket mandates. The firm’s international reach, enables it to handle deals in Latin America, India and the Far East. According to clients, ‘the overall level of service is outstanding’. Transactions in 2010 were dominated by consolidation and divestitures, with partners recognized as ‘excellent leaders in their practice areas’. Kevin Schmidt and his team represented General Electric in its $5.8bn repurchase of Vivendi’s stock in NBC and advised it on its joint venture with Comcast that contemplates General Electric’s ultimate exit from NBC Universal. Schmidt also advised longstanding client Verizon Communications on a series of divestitures, notably its $8.6bn landline spin-off to Frontier. Michael Gillespie, who also advised NBC Universal, represents Globo Organization, the largest media company in Latin America. Richard Bohm represented longstanding clients, the Dolan family, in the tax-free spin-off of Madison Square Garden and related businesses from Cablevision. A litigation team led by Jeffrey Cunard represented major book publishers and the Association of American Publishers in negotiating a settlement of the landmark copyright litigation over Google’s plan to scan full-text books. Other clients include Discovery Communications, Eutelsat, Granahan McCourt, Hasbro, Providence Equity Partners and Sony.
Carl Northrop and his team at Paul, Hastings, Janofsky & Walker LLP bring their regulatory expertise to bear on a broad cross-section of transactions involving wireless spectrum and telecommunications assets for FCC licensed companies, notably handling the regulatory aspects of financing transactions for clients including Triad Communications and MetroPCS Communications, including a $750m notes offering and the purchase and sale of wireless spectrum and telecommunications assets. The group advised Revol Wireless on its acquisition of Advanced Wireless Services spectrum and on its pending acquisition of a controlling interest in CSM. Tara Giunta and her team advise on structuring transactions to ensure that they meet the appropriate FCC and state requirements. As counsel of record in Telx’s IPO, the firm assisted with the preparation of regulatory risk factors in connection with the IPO and a prior debt financing transaction; advice covered the complex and nuanced area of dark fiber and the regulatory intersection of telecommunications and information services.
Clients recommend Proskauer Rose LLP as a ‘valuable partner’ in major transactions. The highly respected co-head of the technology, media and communications group Jeffrey Neuberger operates at the intersection of technology, telecoms and broadcast, applying new media and data privacy and security expertise to the telecom and broadcast sector. In 2010, he advised Time Warner Cable’s news channel NY1 in a series of content licensing and other agreements related to motion pictures and television shows. Other work for this longstanding client included negotiating a major cloud computing initiative to make available an array of business software on a SaaS basis to broadband business subscribers. Robert Freeman, who also acts for Time Warner, represented Scripps Interactive Networks, in the negotiation of a linear affiliation agreement, standard Video on Demand agreement, real time encoding VOD agreement, broadband syndication agreement and mobile syndication agreement. He 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. ‘Top deal-maker’ Michael Woronoff in Los Angeles advises media and entertainment companies on high-stakes transactions and financing. A prestigious client list includes Insight Communications, XOS Technologies, Cablevision and T-Mobile.
According to clients, Shearman & Sterling LLP’s global media, entertainment and telecom group ‘is an outstanding asset during a big, fast-moving deal’. Led by Christa D’Alimonte, it handles transactional work for institutional clients, offering ‘a tremendous knowledge of business and M&A’. Highlights of 2010 included representing longstanding client McGraw-Hill as borrower under a $1.2bn three year credit facility arranged by JPMorgan Securities and Bank of America Securities and advising it on the sale of Businessweek to Bloomberg. The group assisted new client Mitel Networks on its $147m IPO, while Sony Corporation is another new client gain. The group, which is recommended for its ‘top-tier cross-border deals expertise’, benefits from the firm’s breadth of expertise and geographical spread – including a particularly strong London office – and its ties to investment banks, notably Merrill Lynch, Bank of America, Credit Suisse and Citigroup. Sam Waxman is recommended for his ‘unparalleled combination of M&A and IP depth’, and Scott Petepiece, for his ‘deep understanding of business and how clients think’. Other active clients include Viacom, Nokia and National Amusements.
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 represents AOL in a number of areas, including net neutrality and the Comcast merger proceeding. Alfred Mamlet represented Inmarsat in transaction negotiations with Boeing to build and provide services over a 5th generation Ka-band satellite system. Boeing agreed to purchase satellite services from Inmarsat on a take or pay basis Philip Malet is serving as counsel to Alinda in the regulatory approval process in its $137m acquisition of DukeNet Communications.
Although Weil, Gotshal & Manges LLP does not offer the same regulatory capability as some of its Washington DC competitors, its telecom and broadcast transactional group handles some of the largest and most significant big-ticket transactions in the sector. Led by Howard Chatzinoff and Frederick Green, co-chairmen of the firm’s M&A practice, it represents prominent industry players, as well as 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, Charan Sandhu and Michael Aiello. The practice is respected for its ‘thorough understanding of the law and ability to translate that into practical advice on a speedy basis’. The practice continued to benefit from convergence in the telecoms and broadcasting industry, representing General Electric and NBC Universal in the $37.3bn joint venture with Comcast. Together with Michael Lubowitz, and tax partner Marc Silberberg, Green advised DirecTV in an approximately $900m recapitalization. The group also handles cross-border and international work, notably advising Univision Communications, the leading Spanish-language broadcaster on the $1.2bn investment by Grupo Televisa, Mexico’s top TV broadcaster. ‘Tenacious negotiator’ Bruce Rich is recommended for his ‘deep experience and great attention to detail’. Key clients include Bresnan Communications, CBS, Providence Equity Partners and The Walt Disney Company.