The Legal 500

This section ranks firms on their capabilities assisting companies to buy, sell and share technology products, processes and services, across the spectrum of sectors that the term ‘technology’ now encompasses. Intellectual property law forms the backbone of expertise that firms must possess in order to serve their clients’ needs, in an economy where IP rights increasingly form the only substantial financial assets of many companies. Under the umbrella of IP, however, are the various sub-categories of trademark, copyright and patent, and firms must possess substantial industry expertise to understand which legal tools are most appropriate to protect their clients’ particular assets.

The work that firms do in this area tends to depend on the size of their client. With many start-ups spinning out of existing technology companies there are often complex IP issues involved. Another fertile breeding-ground of technology start-ups is academia, and firms who concentrate on early-stage emerging companies often have substantial experience in acquiring licenses from universities to use technology developed in the course of research in a business project.

The effect of a slowdown in the economy is of some concern to the technology sector, as emerging companies assess the likelihood of acquiring the necessary venture-capital funding to make a project viable. Particular industry trends are several, the most prevalent being the overwhelming interest in green and clean technology (cleantech). A company with an interesting cleantech product and a solid business plan is unlikely to have any difficulty in securing venture financing.

The firms that perform the best are those deemed to have the strongest teams of lawyers with deep experience in the various key technology sectors. Firms with platforms that offer international capabilities are appreciated by clients, and this is given due weight, but with an eye to the fact that this does not outweigh truly specialist expertise. A key factor is how the firms have positioned themselves to service their clients moving forwards - technology companies are inherently concerned with the future, and so the firms that are most active at the cutting-edge of technology and the law are those which form the top end of the market.

Cooley Godward Kronish LLP

PRACTICE: Cooley Godward Kronish LLP has, in its technology transactions group what is probably the best example of a West Coast practice keeping close to its roots in Palo Alto and developing a brand of specialist industry knowledge to trump its larger rivals.

‘A tight-knit selection of the finest lawyers in the Valley’, according to clients, Cooley’s six partners in Palo Alto form the core of a group which has three partners in other US offices. The dedication of the team to the intricacies of the technology industry, as opposed to the more generalist transactional practices offered by some competitors, has seen a remarkable output of complex deals in recent years.

The representation of Qualcomm in its new long-term patent license agreement with Nokia stands out in particular, partly because the patent was settled on the final day of the trial, and partly because of the complex and contentious nature of the deal. These roles have won the group a strong reputation in the market. Clients recognize the team as ‘more than capable of tackling the technical issues that arise as a deal is in progress’ and in possession of ‘a critical mass of excellent technology lawyers’.

Whilst venture-backed clients have been a notable strength for the group since its formation in the nineties, and continue to be so, any inference that the group doesn’t also handle the same high visibility transactions as some of its competitors are amply rebuffed by several high profile roles in recent years. Having worked with Yahoo! in a major deal with AT&T to connect their services, as well as advising Apple on the launch of the iPhone3G, the team has consistently proved itself to be at the forefront of the latest wave of activity in the market. Clients add that ‘they’ve never let us down, not once. They are a team of the highest quality’.

Advising a semiconductor supplier on deals involving the sale of solar module production lines to customers in Asia, Europe and the Middle East shows the practice’s continued engagement with important trends, such as renewable energy, and its growing ability to tackle mandates with an international flavour. As it is, the volume of work for clients going overseas is yet one aspect where the firm and the team concede ground to rivals.

CLIENTS: Clients of the team include Adobe, Aircell, Broadsoft, eBay, Tivo, Owens Corning, Simutronics, Synopsys, MontaVista Software, Cisco Systems and Skype.

INDIVIDUALS: Practice head Eric Reifschneider has a ‘well reasoned legal approach’, say clients. Operating out of the Palo Alto office, he is ‘very capable and knowledgeable’ and ‘goes out of his way to make himself available at any time and is truly very client focused’.

‘Great to work with, always willing to partner with in-house teams and integrate well’, partner John Brockland is based in the same office and, according to clients, is ‘most adept at drafting and negotiating’.

In the Reston office, partner Adam Ruttenberg is a ‘very responsible and attentive attorney’, and is described by clients as ‘smart, tough, and very experienced’.

Latham & Watkins LLP

PRACTICE: By size and scope, Latham & Watkins LLP’ team is the giant of the market, and is ‘overwhelmingly active in tackling all areas of law pertaining to the technology world’. The scope afforded by the expansive resources and experience the firm dedicates to representing technology clients compares favourably with firms who approach technology as more of a spin-off practice.

So often at the heart of the Latham & Watkins LLP model is the cohesion between the transactional services and close-up industry knowledge. Among the catalogue of recent highlights, a range of representations for leading underwriters acting in the technology space sits side-by-side with technically complex mandates for technology clients, such as working with eBay on contractual issues with respect to payment processing.

The firm’s international reach has also been a key factor in its continued efforts to act for clients in overseas ventures. Clients ‘wholeheartedly recommend these lawyers on the basis of their strategizing and deep thinking approach’, a comment that reflects the extent to which the successful application of these resources has been crucial to the team’s success.

In terms of the talent on offer, the firm’s Silicon Valley offices are a hotbed of leading tech lawyers, which act as a hub in a network of 25 lawyers across the country. Many of these suffuse a transactional practice with a degree of specialisation in complementary areas. As such, the transactional prowess of the team is unsurpassed; ‘they are more than lawyers, they are the difference between success and failure’. A look at a proliferation of high value deals, such as the $2.1bn acquisition of Redback Networks by Ericsson, underscores this reputation.

‘Deep knowledge and business acumen’ have seen the group win roles as primary outside counsel to several of the most active IT companies. Alongside activity for Yahoo! in connection with its $680m acquisition of Right Media, the team is primary counsel for Facebook and several other high profile industry names.

CLIENTS: Clients of the group include Adobe, Amazon, New Horizon Interactive, BMC Software, Entek, Evault, Harrahs’ Entertainment, Movielink, Sojern, Terayon communications, Veyance Technologies and Avago Technologies.

INDIVIDUALS: The Silicon Valley office is home to the practice of partner Anthony Klein, a ‘terrific advisor’, according to clients, and a key figure in leading the way on several of the group’s largest transactions in recent years. ‘Very accessible, very approachable and more than capable of articulating tricky problems in real English’, Klein has particular expertise in the emerging companies area, as well as having acted for several of the group’s big semiconductor clients.

Clients also ‘have lots of positive things to say about Glenn Nash ’, a ‘brilliant’ partner in the Silicon Valley office. ‘I’ve loved working with him’, says one enthusiastic client, while another highlights his possession of ‘a great deal of technical expertise’.

Meanwhile, in the Chicago office, global practice chair Marcelo Halpern garners praise for his ‘invaluable advice’ and ‘super smart’ practice. Clients particularly value that he is ‘willing to put down everything and see a task through’.

Morrison & Foerster

PRACTICE: Morrison & Foerster combines IP credentials, a relatively long history of engaging with technology issues, and a valuable presence on the international stage.

‘Hard working and brimming with bright attorneys’, the practice complements its six-partner San Francisco core with lawyers in Los Angeles, New York, Northern Virginia, San Diego, totalling around 50 attorneys overall. It’s little surprise, therefore, that the group has the capacity to act on headline deals, such as advising Warner Music Group on its joint venture with MySpace. In this way, the seam of work lying between technology and other areas of strength for the firm, is one that the group continues to mine with great success. Communications and media are also both fields in which the firm has built a significant profile and this is reflected in the work of the technology group as the separations become more blurred. Along these lines, the team recently advised DreamWorks Animation SKG in a strategic alliance with Intel aimed at revolutionizing 3-D filmmaking technology.

Clients say the group ‘is familiar with coordinating multi-national operations so the individuals are able to ensure everything is handled smoothly and the focus is not lost’, a trait that, in part, is owed to the continuation of the dedicated approach to this particular area in key overseas offices, such as in China and the UK.

The reach of the practice is comparable to any in the market and, given that the industry is one of the core focuses of the firm, the corporate, IP and litigation resources at the team’s disposal give them an edge over the competition. Lead roles, such as representing Yahoo! on the technological aspects of its deal with Google over advertisements, are some measure of the high visibility, demanding deals the group regularly wins as a consequence of this level of focus.

Undertaking demanding roles such as the recent representation of ContentGuard, a developer of digital rights management technology, in a worldwide patent licensing agreement with Nokia, puts the team in the elite bracket. Clients attest to this quality, commenting that ‘we work with a number of firms but the top end work, when we have a crucial deal with many different hats required, we only use Morrison & Foerster ’.

CLIENTS: Clients of the group include Credit Suisse, Novell, Warner Music Group, Time Warner Cable, Beijing Organizing Committee for the Olympic Games, Panasonic and Fujitsu.

INDIVIDUALS: Clients are full of praise for partner William Schwartz who is, say clients, ‘tireless and consistently the top performer on any given deal’. ‘Rounded and capable of handling all that is asked’, Schwartz has recently led the group on several of high profile transactions and is acclaimed for his ‘commitment and great sensitivity to client’s needs’.

Laurie Hane, like Schwartz, works out of the San Francisco offices and, from her position as practice co-chair, has been an influential figure for the group. ‘Solid as a rock’, Hane is a ‘superstar, a great presence on our side of the table’, according to clients.

On the East Coast, John Delaney’s New York practice is ‘simply amazing’ and ‘very tactically aware’. Gabriel Meister has also caught the attention, having been recently promoted to partner and having been involved on several of the most prominent deals over the last year.

Wilson Sonsini Goodrich & Rosati

PRACTICE: Much is made of the Wilson Sonsini Goodrich & Rosati Silicon Valley corporate practice and its base of technology clients, but its fair to say that far from resting on its laurels, the practice is making efforts to follow its clients into more diversified areas.

‘Probably best known over the last ten years for being locked on to a hard core of technology clients and doing a great job for them’, what the practice lacks in breadth and scope over its rivals, it makes up for in experience and precise focus.

At the heart of the technology transactions team of 40 lawyers is a core of 13 partners who specialize in all transactions involving technology, IP and the legal counseling that goes along with the area. The deep expertise the group wields across technology industries, including semiconductors, hardware, software, communications, biotech and medical devices, has been the key to its reputation.

On the clean tech side, the group has staked its claim to a growing market and sought to continue to adapt its strong standing with the California technology community to embrace the needs of a wider spectrum of clients. Meanwhile, the hire of Todd Glass following the dissolution of Heller Ehrman has been a particular boost to this side of the practice. ‘Forever associated with taking small and large tech companies through their life cycle’, the practice is able to lean on this as it moves to engage with larger markets, its forays into China being one example.

CLIENTS: Clients include AOL, Google, Apple, Sun Microsystems, Hewlett-Packard, Pixar and Polycom.

INDIVIDUALS: Palo Alto-based practice head Suzanne Bell is ‘very well respected for years of work at the top end of the market’ and is described as ‘one of the best minds in technology law’.

DLA Piper

PRACTICE: The ‘wonderful team of attorneys’ at DLA Piper continues to push competitors in the technology transaction space, even if they still have ground to make up on some of those with large West Coast practices, in terms of market share.

Highly respected for integrating a renowned international platform with a history of representing Silicon Valley technology companies, clients point out that ‘besides the obvious advantages of retaining the firm, the group are really honed in on the business’.

Having successfully built one of the most highly respected life sciences industry groups in the market, the technology transaction practice has a range of complementary practices that feed into what the team is doing. For example, the practice represented GE Healthcare in connection with a variety of medical device development and global distribution deals, a deal that emphasises the practice’s ‘superb blend of talent’ and capacity to handle huge international deals.

This propensity to act on the high visibility deals at the cutting edge of market activity has kept the team in competition with the market’s elite. Recent highlights include work with Cargill in a mandate pertaining to the procurement of software and related services from a major ERP solutions provider. This is one of the most high profile SAP deals globally and one of a string of roles demanding a composite of domestic and international outsourcing capabilities.

Indeed, the specialism on offer within the group marks it out from some of the more generalist teams in the market. One particular focus continues to be open source software issues, where the firm’s alliance with leading consulting group Olliance has given the team a crucial advantage. ‘Considering technical capability and targeted expertise, the firm is number one’, say clients of the open source practice.

CLIENTS: Clients include Sony, Red Hat, Adobe, Palm, eBay, OpenClovis, Krugle, Jitterbit, Medicis Pharmaceutical, Siemens and the State of California.

INDIVIDUALS: Based in Chicago, Vincent Sanchez chairs the US technology, sourcing and commercial practice. ‘He has been just huge for us, given whatever we needed with precision and efficiency’, say clients who also reserve praise for his ‘considerable communications skills’.

Meanwhile Mark Radcliffe’s Palo Alto practice brings an important presence to the West Coast. His expertise in providing strategic IP advice, with particular specialism in open-source matters, has won him plaudits. Indeed, one client describes him as ‘probably the best lawyer in his field’.

Fenwick & West LLP

PRACTICE: Renowned for being ‘a tremendous force in the San Francisco Bay Area’, the firm’s client base stretches across the technology spectrum. Given the resources the firm dedicates to these areas of industry, the group of attorneys that might be identified to handle transactional matters come from across the national platform and manage everything from financing for start-ups to M&A for large corporate clients.

Recently, the team advised Cisco Systems in its acquisition of Jabber, a platform that enables the client to embed presence and messaging services to provide users with aggregation facilities. Attorneys on this transaction came from both the corporate and IP departments, demonstrating the capacity the firm has to pull together an elite batch of skillsets to handle cutting edge deals.

That said, the firm has a group of attorneys that focus primarily on complex technology transaction and are able to provide expertise on deals for ‘pure’ technology clients and those that have a major technology component. For example, the team was able to offer detailed industry knowledge in its representation of Natus Medical in its $18m acquisition of NeuroCom.

The approach of having several attorneys dedicated specifically to these types of transactions has allowed the group to build up a reputation among more niche corners of industry. Work with semiconductors and cleantech provides an example of the cadre of technology representations the team avails itself to, in particular highlighting its advantage in areas that demand specific industry experience.

This is also, however, one of the criticisms often levelled at the firm; it doesn’t make use of an geographically-broad platform in the same way as its competitors and this narrow focus means that work on the high value international deals has had a tendency to go elsewhere.

That said, the roles the group has picked up on major transactions in 2009 has seen it act for Interwoven on its acquisition by Autonomy and Monosphere in its sale to Quest Software.

CLIENTS: Clients of the team include Facebook, Symnatec, Macromedia, Ocular Sciences, Veritas, Apple, Intuit and Sun Microsystems.

INDIVIDUALS: Silicon Valley partner David Healy is co-chair of the M&A group and has a practice that encompasses venture capital financings and public offerings. ‘A well-known figure and a really terrific lawyer’, Healy’s clients range from venture firms to major companies.

Skadden, Arps, Slate, Meagher & Flom LLP

PRACTICE: Whilst not the only Wall Street behemoth to dip its toes in technology industry waters, Skadden, Arps, Slate, Meagher & Flom LLP’s dedicated approach has seen it become one of the most effective. In terms of deal flow, West Coast firms often have the upper hand, yet there continues to be evidence that the group provides service that is certainly comparable. For example, work with Novatrans, a developer of semiconductor chip technology in various licensing issues, suggests the degree to which this ‘hard-working and well-respected’ team has been able to win mandates in industry areas often dominated by Silicon Valley firms.

The balance between the rising profile of the Palo Alto office and the corporate capabilities of the New York office has infused the IT and e-commerce group with the talent to win technology mandates from a range of sources. ‘A really strong mix of individuals with the necessary concept of how to give the right advice on technology transactions’, the key to this advance has been the integration of technical expertise with the existing transactional prowess.

Looking at the range of work the group has acted on in the last five years, much of it involving a complex blend of IP and licensing issues, the extent of this development is apparent. The team acted for Citigroup in connection with a major hardware leasing program with IBM, and advised NASDAQ OMX on a technology alliance to create an online system for 144a securities. These deals highlight the degree to which it has continued to provide this service to leading financial institutions, in addition to the growing base of technology companies.

CLIENTS: Clients of the team include Yahoo! and Metlife Insurance.

INDIVIDUALS: New York partner Bruce Goldner specializes in IP transactions and is described by clients as ‘very helpful at all times’ and ‘a diamond’. Rita Rodin also comes in for praise for being ‘a capable and diligent attorney’.

Weil, Gotshal & Manges LLP

PRACTICE: Whether or not the technology group at Weil, Gotshal & Manges LLP has shaken its reputation as more of a service than a destination firm for technology work isn’t a question with a simple answer. However, the continued progress of the group in providing ‘outstanding level of attentiveness and resource management’ to clients, both long-standing retainers of the firm and standalone industry companies, has stood out recently as Wall Street firms continue to look to break into this space.

The group has five members out of various domestic offices and, as such, has developed a significant presence beyond the core of corporate expertise in its New York headquarters. The significant capability of the team to provide ‘first-class advice on complex IP and licensing issues’, to complement its obvious transactional acumen, has been essential to this rise in profile.

Thus, recent highlights range from advising GE on IP and IT aspects of its corporate transactions and ongoing cleantech development initiatives, to representing Texas Instruments in connection with IP, licensing, acquisition and divestiture of technology transactions.

Clients have ‘the highest opinion of the depth of expertise and detailed knowledge the partners have’, a quality which the group has been able to translate from domestic markets on to the international scene. In terms of the latter, one recent highlight has been the representation of Pirelli in a technology joint venture arrangement in Russia, and issues arising from licensing arrangements with companies in India and China.

CLIENTS: Clients of the team include AIG, NYC Board of Education, Reuters, United Way and Univision.

INDIVIDUALS: New York duo Michael Epstein and Jeffrey Osterman both have notable experience in handling complex technology transactions and work with a mixture of financial and corporate clients. Clients identify Epstein as ‘a hard worker’ and an ‘exceptional talent’, while Osterman garners praise for his ‘outstanding effort and hands-on approach in everything he does’.

Baker & McKenzie

PRACTICE: ‘On contract matters, on licensing and on general commercial advice, the Baker & McKenzie attorneys we’ve used have been extremely impressive’, say clients, highlighting the strides the group has made in the technology space. With a bi-coastal team of 13 partners, the ability to handle demanding roles through a combination of industry expertise and an immense weight of resources, both in local offices and internationally, is an important trait of the team’s approach.

Recently, the firm acted for a major technology client on several projects, including advising on the roll-out of several high-profile consumer products and services and related marketing activities in the US as well as across Europe, Canada, and Latin America. In this, as with several other recent high profile representations, the capability to call on a reservoir of experience in privacy, compliance, competition and consumer protection matters has given the group the edge to provide what clients deem ‘very good service’ and ‘thorough implementation of well-conceived strategies’.

The degree to which the practice is able to act as a support function to the firm’s prominent corporate practice is a clear factor in its profile. However, a glance at the specialism the group is able to bring to such areas as open source license issues, in which it has acted recently for a major client, shows how it is able to harness industry knowledge to match the obvious draw of its size.

CLIENTS: Clients of the team include Microsoft, Sun Microsystems, Cardinal Health, Wolter Kluwer, and Hewlett Packard.

INDIVIDUALS: The ‘wonderful’ Michael Mensik is ‘a cut above’ and ‘a communicator and a thinker’, say clients. Based out of the Chicago offices, Mensik’s practice straddles data protection and outsourcing, as well as IT transactional work.

Gunderson Dettmer LLP

PRACTICE: Within the relatively narrow but very dynamic market for providing top-level legal service to West Coast entrepreneurs, venture capitalists and emerging companies, Gunderson Dettmer LLP has few serious rivals. The firm has 36 partners in four offices, which is of particular relevance because while their talents are spread to cover corporate, M&A, venture capital, private equity and IP matters, among others, the vast majority have a strong alignment with technology industries.

The IP element of the practice draws on the talents of 12 partners and takes on a significant portion of transactional work in the technology space, with particular experience in working with life sciences, medical devices and semiconductor companies.

This capability synchronizes with a strong corporate element adept at taking emerging companies through their life cycle. Thus, the team’s prowess in providing licensing component in conjunction with advising start-ups on their strategic-partnering and early stage transactional work has been crucial to its dominance in this corner of the market.

CLIENTS: Clients of the team include Sling Media, Xen Source, Zimbra, Oracle, Sun Microsystems, Compaq, Lucent Technologies, Hewlett Packard and AOL.

INDIVIDUALS: Name partner Scott Dettmer is highly thought of for his work with emerging technology companies, venture capital funds and private equity firms, out of the Silicon Valley office.

McGuireWoods LLP

PRACTICE: Although McGuireWoods LLP is a relatively new name in this particular market, by applying a bank of technology law experts to customer-side mandates as well as a slew of technology companies, the firm has continued to make its presence felt.

The technology practice covers the gamut of data protection, outsourcing, and disputes, all of which are frequently called on to supplement the broad client base the healthy corporate practice has accrued. The 12 partners in the group have IP and corporate experience, and between them have developed a speciality in the licensing and acquisition of technology, both on inbound and outbound technology contracts.

The dedicated IP element of the team is part of a recently developed sub-practice group that has grown in tandem with the practice’s geographical expansion as it has branched out from its origins in the Chicago offices to improve its presence in the firms East and West Coast offices. In this way, the group’s particular points of outstanding expertise, which include advanced software licensing issues, are paired with a ‘genuine strength in depth and accuracy of response’.

CLIENTS: Clients of the team include Rubicon Technology, Telos, Computer Aided Technology, and a host of customer-side companies, including several Fortune 500 corporates.

INDIVIDUALS: Based out of the Chicago offices, Stephen Gold and Scott Glickson are two partners that attract particular praise, having both joined the firm as part of the previous merger with Gordon & Glickson. Both partners ‘bend over backwards to get a good result’, ‘provide very slick and very well-thought out counsel’ and have ‘a winning business sense’.

Jones Day

PRACTICE: Jones Day doesn’t have the same presence among West Coast clients as the firms with outstanding Silicon Valley offices, but its push to stake a claim to roles on licensing and technology transactions has resulted in a steady flow of deals across several of its offices. With seven partners divided between Silicon Valley, San Diego, and Los Angeles, working in tight formation with the New York office, the group has established itself as a leading player in several niches within the technology space.

Biotechnology, for example, remains an area where the group thrives, acting on a stream of joint ventures, fund formation and acquisition engagements. Recently, the team advised Symphony Capital in connection with a series of transactions with Oxigene in funding a joint venture. As such, the team’s reach in the biotech sector and the pharmaceuticals industry has been a big factor in its growth and these types of deals have very much been at the fore for several years.

Another recent engagement, advising financial information technology services provider Linedata Services in negotiating a distribution and license agreement with Altaira, shows the team’s ability to apply its expertise to industries beyond its core focus. A strong line of representations in high value semiconductor in recent years is a further mark of this breadth of experience.

CLIENTS: Clients include AlphaMicron, IBM, Bunge, Dow Corning, Sanofi-Aventis and Celgene.

INDIVIDUALS: Thomas Briggs’ San Diego practice and Warren Nachlis’ work out of the New York offices have won them high regard in the market.