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United States : Finance
Within Capital markets: debt offerings , tier 4
Hogan Lovells US LLP’s ‘very practical’ capital markets group fields a team of ‘highly responsive lawyers’, and is known for expertise in the real estate and REIT sectors. The practice is led out of Denver and Washington DC, with Paul Hilton and David Bonser leading each office. Clients rate the group’s ‘bench strength in securities law’, and highlights included advising Lockheed Martin Corporation on a $2bn offering of investment grade debt, and representing Dell in a $1.5bn senior notes offering. Jeffrey Rubin in New York advised Barclays Capital, Credit Agricole CIB, BNP Paribas Fortis and Deutsche Bank as the lead managers acting as US securities law counsel on the Kingdom of Belgium’s €3bn floating rate OLOs (Belgian bonds) offering. Singled out from the team are Richard Parrino, who ‘understands clients’ businesses’, and Stuart Stein, both located in the Washington DC office.
Within Capital markets: equity offerings , tier 4
Real estate and REITs are the mainstay of Hogan Lovells US LLP’s equity capital markets practice. The practice is headed up by David Bonser and Paul Hilton, from the Washington DC and Denver offices respectively. Recent highlights include advising Walker & Dunlop on its $100m IPO, representing DuPont Fabros Technology on two offerings of aggregate amount $265m, and acting for Webster Financial Corporation on its $117m offering of common stock. While the firm is known for handling work for issuer clients, it also acts for financial institutions. In 2011, the firm was appointed to the global panel of Bank of America Merrill Lynch, and advised the bank as lead underwriter in several instructions, including the $648m IPO of American Assets Trust, DCT Industrial Trust’s follow-on offering of $111m of common stock, and on a $117m follow-on offering of common stock by Hudson Pacific Properties.
Within Financial services: regulatory, Hogan Lovells US LLP is a third tier firm,
Based in Washington DC and aided by a wide international network, Hogan Lovells US LLP’s team provides ‘timely, responsive and accurate’ advice to an impressive roster of financial institution clients including Barclays, Danvers Bancorp, First Trade Union Bank, Western Alliance and Watertown Savings Bank. With approximately 20 attorneys focusing on a range of pure compliance, transactional and enforcement work, the team has sufficient firepower to handle a significant flow of mandates across the spectrum of matters affecting the industry. Praised for his ‘high-quality work, fast response times and reliable advice’, Stuart Stein is regularly involved in many of the firm’s most significant mandates including its advice to Banco Industrial de Venezuela on investigations and related enforcement actions into the bank’s compliance, financial condition and lack of audited financial statements. Working in conjunction with the firm’s Caracas office, the representation includes the negotiation of some sensitive political issues and is illustrative of the group’s ability to handle mandates with a strong international complexion. Alongside Daniel Keating, Stein was also an integral part of a multi-disciplinary team that advised Accenture on the acquisition of Zenta, a third-party business process outsourcing company for financial services clients. The recent return of Daniel Meade, following his tenure as senior counsel to the US House Committee on Financial Services, is a major fillip to the practice, given his role as principal draftsperson of substantial parts of the Dodd-Frank Act. Spearheaded by Christopher Wolf and aided by a strong offering of attorneys specializing in privacy matters, the firm has been at the forefront of helping clients adapt to the new consumer privacy regulations. Team head Richard Schaberg is praised for his ‘accuracy, consistency and timeliness’.
Within Project finance, Hogan Lovells US LLP is a third tier firm,
Hogan Lovells US LLP’s 14-partner group is spread across its Miami, New York, Washington DC, Baltimore, Denver and Houston offices. New York and Miami have a pronounced international flavour to their work, with Miami especially handling Latin American mandates, while the others predominantly deal with US-based matters. In the international arena, the team acted for Corporación Eléctrica del Ecuador and the Ministry of Finance of Ecuador on the closing of a $571m credit loan agreement with the Export-Import Bank of China, which will be used by China Gezhouba Group Corporation to build the 487MW Paute-Sopladora hydroelectric project in Ecuador. The team also assisted NextEra Energy Resources in a $2bn project financing for a 550MW thin-film photovoltaic facility located in California. The matter included a private placement of pass-through trust certificates, a bank loan facility, and a short-term Section 1603 cash grant bridge loan facility, guaranteed by the US Department of Energy under its Financial Institutions Partnership Program. A team led by Baltimore’s Brian Chappell acted for Edison Mission Energy on the engineering, procurement and construction contract, equipment supply contracts and operation and maintenance contract for its 500MW gas-fired, simple-cycle generation facility located in Industry, California. The well-regarded team includes Miami-based group co-head Miguel Zaldivar and Washington DC’s Keith Larson and Claudette Christian. David Locascio and Jose Luis Vittor joined the Houston office in February 2011 from McDermott Will & Emery LLP.
United States : Industry focus
Within Energy: renewable/alternative, Hogan Lovells US LLP is a second tier firm,
Hogan Lovells US LLP’s renewables team is primarily based in the firm’s Baltimore and Miami offices. It continues to advise Edison Mission Energy on its renewable energy projects, including 12 wind energy developments in Minnesota and Utah; the structuring of loan arrangements with several partners for the development of utility-scale renewable energy projects; as well as the acquisition of several wind energy projects. The team is also advising Iberdrola Renewables on the $900m sale of its membership interest in Manzana Wind and the construction and sale of a 246MW Californian wind energy electric generating facility to Pacific Gas & Electric. On the solar side, the group is advising NextEra Energy Resources on the $2bn project financing of a thin-film photovoltaic electricity generating facility in California. Baltimore-based Edward Sledge is the key contact, and Houston-based José Luis Vittor recently joined from McDermott Will & Emery LLP. Former practice head Kevin Lipson joined DLA Piper LLP.
Within Environment: litigation, Hogan Lovells US LLP is a second tier firm,
Hogan Lovells US LLP is ‘exceptional in all categories and service areas’, and ‘the caliber of talent brought to bear is top notch’. It remains involved in Florida’s multi-district litigation concerning water flows in the Chattahoochee, Flint, and Apalachicola rivers; the dispute also involves the States of Alabama, Georgia and two government agencies over the management of the water system. It also defended Minnkota Power Cooperative against an EPA Clean Air Act enforcement action, achieving a favorable settlement for the company; and successfully represented Arizona Snowbowl before both the Supreme Court and an en banc federal appeals court panel in National Environmental Policy Act (NEPA) litigation to allow for the development of a 17-mile pipeline across national forest land. It is also representing Lockheed Martin in two ongoing cases: the first relates to the clean-up of an Air Force plant in the company’s Titan missile plant, and the second concerns allegations that it is liable for the clean-up of the Colorado School of Mines site. The practice is co-led by Denver-based Scott Reisch and James Banks in Washington DC. The team has strength in depth, with clients receiving ‘strong assistance’ from many of the firm’s lawyers. Kenneth Kastner in Washington DC is ‘diligent, timely, self-motivated, and very knowledgeable’.
Within Healthcare: health insurers, Hogan Lovells US LLP is a second tier firm,
Hogan Lovells US LLP advises several major insurers and health plans on Medicare/Medicaid billing and reimbursement matters. The firm is representing United Health Group in relation to a qui tam suit alleging violation of Medicare Advantage plan marketing regulations and the Federal Anti-Kickback Statute, successfully affirming dismissal of the marketing regulations violations claim under the False Claims Act in the Third Circuit Court of Appeal. United is a major client on the payor side, and the firm advises the group and its affiliates on several matters including M&A, joint ventures and health information technology.
Within Healthcare: life sciences, Hogan Lovells US LLP is a first tier firm,
Hogan Lovells US LLP ‘covers the full range of issues’ with the ‘highest level of professional service, excellent response times and easy access to specialists in many areas’. Clients include Cephalon, GE Healthcare and Merck. Its highly regarded regulatory group – noted for its expertise ‘in the substance and the politics’ – advises numerous medical device, pharma and biotech companies on potential FDA approval. Particularly busy on the medical devices side, the firm is advising Siemens on clearance for a new product, and Janice Hogan – ‘a wonderful resource on FDA issues’ – is part of a team representing Stryker Corporation on quality submissions, reimbursement and compliance. The firm advised Merck on the cross-border acquisition of its biomanufacturing network by Fujifilm, utilising attorneys in London, Japan and Moscow. Baltimore-based Asher Rubin advised Tesaro on a Series B financing in one of the largest-ever venture capital rounds for a biotech company. Baltimore corporate partner William Intner is ‘extremely competent in all matters related to SEC reporting’; and practice co-head Rubin is ‘invaluable’. Also based in the capital, antitrust expert Robert Leibenluft and former FDA associate chief counsel Robert Brady are very highly regarded.
Within Healthcare: service providers, Hogan Lovells US LLP is a second tier firm,
Truly national in scope, Hogan Lovells US LLP ‘ranks among the very best’ in the service provider space, and is ‘especially strong on regulatory compliance’. Known for its representation of teaching hospitals, the firm advises three major East Coast universities on transactional, regulatory and structuring issues. A team of 60 lawyers is representing The State University of New York on two hospital acquisitions worth a total of $450m, also serving as regulatory and antitrust counsel. The firm is also advising the University of Colorado Health Authority on the formation of a joint operating company with Poudre Valley Health System, which will create one of the largest health systems in the state; and has been advising Continuing Care Leadership Coalition, an amalgamation of more than 100 long-term care providers, on compliance issues, as well as representing several other long-term care clients – including on the formation of a new provider-controlled managed care organization. Its litigators have been heavily involved in Medicare/Medicaid issues, obtaining the dismissal of a potential audit by Florida Medicaid Program Integrity of six managed Health Maintenance Organizations; and successfully arguing for a change in the hospital value-based purchasing policy under the PPACA. Clifford Stromberg is a ‘top-flight attorney in his field, highly knowledgeable and responsive to clients’ needs and circumstances’. Fraud and abuse expert Tom Bulleit is a ‘brilliant Stark lawyer’; and Washington DC-based False Claims Act litigator Jonathan Diesenhaus is ‘an exceptional strategist’. Miami-based Craig Smith and counsel Michael Levinson are recommended, as is Jeffrey Schneider in New York.
Within Insurance: advice to insurers, tier 4
Hogan Lovells US LLP’s ‘diverse’ insurance practice is headquartered in Washington DC office, with additional team members in New York, Philadelphia and Miami. Traditionally, the practice’s strengths include representing health insurers and it recently defended UnitedHealth against an action that included claims alleging price fixing, fraud and unjust enrichment. UnitedHealth was granted motion for summary judgment by the Northern District Court of Illinois, which was subsequently affirmed before the Seventh Circuit. The highly regarded Jonathan Constine led representation of Federal Insurance Company in the New York Court of Appeals, where the team won a unanimous decision when the court held that the insurer’s ‘other insurance’ clause relieved it of a duty to share in defense costs incurred by Fieldston Property Owners Association, thereby overturning a prior ruling in Fieldston’s favor. Other clients include Chubb, The Hartford, Travelers and XL. Practice head David Hensler, Laura Besvinick and Pieter Van Tol are recommended, as is Sean Keely, who is ‘building himself a very nice reputation’.
United States : Intellectual property
Within Copyright, Hogan Lovells US LLP is a third tier firm,
Hogan Lovells US LLP's strong contentious and non-contentious practice acts on a wide range of licensing and transactions as well as litigation for major technology, media and entertainment industry clients. New York-based Slade Metcalf successfully defended HarperCollins Publishers and authors Conn and Hal Iggulden in a copyright infringement dispute, regarding a treehouse design featured in their children's literary work, The Dangerous Book for Boys. In the same office, Dori Ann Hanswirth represented Fox News Network and News Corporation as defendants against an allegation of copyright infringement regarding a news report's use of video footage of the late Michael Jackson's ex-wife, Debbie Rowe. The practice has also previously acted for ASCAP in high-profile digital piracy disputes. Recent advisory matters include acting for AEG on licensing issues regarding the creation of new cable network AXS TV, and for Digital Cinema Implementation Partners on the digital distribution of 3D movies and major motion pictures for cinema screens across North America. Other clients include New York Post, Sony Pictures Classics, Twentieth Century Fox, Oracle and Hulu. David Singer joined Jenner & Block LLP at the end of 2011.
United States : Investment fund formation and management
Within Private equity funds, tier 5
Hogan Lovells US LLP fields only two US private equity partners but nonetheless packs a considerable punch, with clients citing ‘a good balance of legal, business and tax judgment and expertise’, as well as its global reach. The practice predominantly acts for sponsors such as Ironwood Capital and Northzone Ventures, but also handles some LP representations for state pension funds and universities. It has particularly strong venture capital, energy and real estate orientations to its workload, which encompasses fund formation, mezzanine fundraising and transactional matters. Practice head David Winter ‘has a good sense of the market and is very helpful in negotiations with investors’.
Within Real estate investment trusts (REITs), Hogan Lovells US LLP is a first tier firm,
Hogan Lovells US LLP’s six-partner REITs practice is ‘among the top firms operating in this space’ and provides regulatory and transactional support to clients such as Colony Capital and, on the underwriter side, Bank of America Merrill Lynch and Morgan Stanley. Capital markets work continued to dominate the workload in the early stages of 2011, although the drop off in public offerings in 2011 is expected to lead to an increase in M&A activity, an area in which the firm has a strong track record. Recent highlights include serving as underwriters’ counsel to a syndicate led by Bank of America Merrill Lynch in American Asset Trust’s $648m IPO and acting as issuer’s counsel on First Potomac Realty Trust’s $111m offering of series A preferred shares and $170m offering of common shares. J Warren Gorrell and David Bonser jointly head the team, and are based in Washington DC.
United States : Labor and employment
Within Employee benefits and executive compensation, tier 4
Hogan Lovells US LLP’s employee benefits and executive compensation practice delivers a ‘superb level of service in all areas with strategic guidance, knowledge of the market, responsiveness and a strong ability to simplify complicated and competing issues’. The team is based in Washington DC with one partner, Joseph Rackman, in the New York office. William Neff, an ‘excellent individual who brings out the best in all parties’, heads the group, and led a team representing Morgans Hotel Group on matters including the implementation of executive employment agreements for a new management team and the negotiation of severance agreements. Kurt Lawson advised ACL Transportation Services on the benefits and compensation aspects of a case challenging their obligation to continue contributing to an UMWA pension plan based on an ‘evergreen clause’ in the plan.
Within Immigration, Hogan Lovells US LLP is a third tier firm,
Hogan Lovells US LLP’s team is ‘extremely knowledgeable of immigration law, an excellent communicator on both legal and non-legal matters and often goes above and beyond to be accessible to us’. The firm ‘has consistently provided excellent help throughout the years’. ‘We have consistently received legal assistance of the highest caliber from all of its attorneys. The advice is always useful and user-friendly (for non-legal folks), with excellent response time and thoroughness’. The firm serves as immigration counsel to US and multinational clients, including large corporations, high-tech and internet startups, universities, nonprofit organizations, sports teams, hospitals, governments, and individuals. The firm benefits from its excellent relationships with representatives from the US Departments of Homeland Security, State, and Labor, as well as US embassies and consulates. The firm recently advised the largest aerospace and defense company in Europe and largest manufacturer of commercial aircraft in the world regarding immigration strategy related to the transfer of key personnel necessary for the expansion of its US operations; assisted professional sports teams Colorado Avalanche (NHL), Denver Nuggets (NBA), Colorado Rapids (MLS), Colorado Mammoth (NLL), and Colorado Crush (AFL) regarding immigration matters, including obtaining expedited P-1 status for key players and support personnel; and represented the largest non-profit scientific and education institution in the world in addressing US and non-US immigration issues related to internationally recognized journalists and other key personnel. Other representative clients include Janus, ReadyTalk and the US Olympic Committee. Both Beth Peters and Aleksander Dukic, who is ‘extremely knowledgeable about immigration matters’, are highly recommended.
United States : Litigation
Within International trade, Hogan Lovells US LLP is a first tier firm,
‘One of the top international trade groups’, Hogan Lovells US LLP has a ‘very successful’ China practice, a wealth of experience in trade disputes, and the requisite expertise to handle increasing economic sanctions and export control work. Deen Kaplan and Mark McConnell led in representing the Government of China in a highly publicized dispute with the US, concerning countervailing and anti-dumping duties applied to Chinese-manufactured solar cells. The duo have an equally impressive roster of US clients, and successfully represented Ford Motors in relation to the Chinese government’s investigation into the subsidisation of US car manufacturing, with China confirming in May 2011 that countervailing duties would not be imposed on cars imported by Ford. Appreciated for making ‘judicious use of junior counsel’, the practice heads understand the ‘legal, political and interpersonal dimensions associated with a trade dispute between sovereign nations’. In addition to advising international governments and US exporters, the group regularly represents industry bodies in international disputes, often with a significant policy element. Trade policy authority and senior advisor Clayton Yeutter helped advise the US Grain Council in anti-dumping litigation concerning the export of US feed grain to China. In export control matters, Beth Peters and the ‘extremely knowledgeable’ Ajay Kuntamukkala are leading the team’s efforts to develop compliance programmes and conduct reviews for clients, in relation to their respective nuclear technology exports to emerging markets. Elsewhere, Jeremy Zucker and T Clark Weymouth advised several companies headquartered in the US and Europe on global Foreign Corrupt Practices Act (FCPA) client reviews. Clients hold the group in high regard for its ‘excellent OFAC advice’. Jeanne Archibald is the team’s go-to lawyer for foreign direct investments and CIFIUS matters.
Within Product liability and mass tort defense: aerospace/aviation, Hogan Lovells US LLP is a second tier firm,
Hogan Lovells US LLP represents many of the world’s largest airplane manufacturers in complex litigation and arbitration globally. The firm’s extensive international network provides a solid base for high-stakes cases involving multiple jurisdictions, and the firm’s regulatory practice is another positive. As national counsel for Airbus, the group was instructed when Air France Flight 447 crashed into the Atlantic Ocean while en route from Brazil to France in 2009. Plaintiffs, including two from the US, brought defect claims against the company as manufacturer of the aircraft and various components. It also represented the same client in separate litigations arising from the TAM Linhas Aeras Flight JJ 3054 crash at Congonhas Airport in Sao Paulo, Brazil, in 2007; and the crash of an Afriqiyah Airways Airbus A330 while attempting to land at Tripoli International Airport in Libya. Houston-based practice head Thad Dameris is ‘a super lawyer’.
Within Product liability and mass tort defense: automotive/transport , tier 4
Hogan Lovells US LLP has been instructed by several significant industry names, including Hyundai, which it represented in a class action alleging that it failed to disclose that the front passenger airbag system in a large number of vehicles purportedly fails to detect the presence of relatively small adults. Plaintiffs asserted consumer protection and warranty-related claims, all of which were dismissed. Other instructions for Hyundai included a proposed class action relating to breach of express warranty and claims under the California Consumers Legal Remedy Act and California Unfair Competition Law. Plaintiffs alleged that the defendant failed to disclose facts concerning an allegedly defective subframe. Michael Kidney, based in Washington DC, is the main contact.
Within Product liability and mass tort defense: pharmaceuticals and medical devices, Hogan Lovells US LLP is a third tier firm,
Hogan Lovells US LLP is a new entrant to the ranking this year, reflecting an overall presence in the life sciences arena and its capabilities in FDA regulatory work and product liability litigation. The group has ‘very smart attorneys who deliver great results at great value’. Recent work includes representing Medtronic in a lawsuit filed by a third party payor relating to allegedly defective cardiac devices. The case was dismissed without prejudice in 2011. It also represented Inmar and its subsidiaries in litigation alleging that McNeil Pharmaceuticals and Johnson & Johnson manufactured and distributed defective over-the-counter children’s medications and orchestrated a scheme to conceal product defects from consumers. The consolidated class action included claims against Inmar for fraud, negligence and violations of consumer protection statutes, among others, but all claims were dismissed with prejudice for lack of standing. The practice is chaired by Michael Kidney in Washington DC and the ‘responsive and great value’ Lauren Colton in Baltimore.
Within Securities: shareholder litigation, tier 4
The ‘expensive but excellent’ team at Hogan Lovells US LLP is applauded for its ‘formidable strength in court’, ‘excellent response times’ and ‘good global platform’. The firm is well regarded for its regulatory pedigree and among its leading names, Denver-based securities enforcement specialist Dan Shea ‘leaves no stone unturned in defense of the client’. Clients also recommend Silicon Valley-based Norman Blears for his ‘strong experience and commercial acumen’, and the ‘very smart’ Michael Charlson is ‘committed to finding solutions and is a fast learner’. Although it recorded a growth in instructions from companies outside the US during 2011, the team also remained busy on matters closer to home, especially in relation to merger challenge litigation. Among its recent highlights, it successfully obtained the dismissal of a $1.5bn class action against client Office Depot, and its CEO and CFO, which was later upheld at appeal. On the auditor side, the firm is representing PricewaterhouseCoopers Bermuda in various actions brought by foreign investors relating to feeder funds that had invested in the Madoff scheme.
Within Supreme Court and appellate, Hogan Lovells US LLP is a third tier firm,
Hogan Lovells US LLP has been boosted by the arrival of former acting solicitor general Neal Katyal (15 US Supreme Court arguments since 2010) to complement the experienced Supreme Court and appellate lawyer Cate Stetson. The two are regarded as ‘superb brief-writers and advocates’. The firm’s active US Supreme Court practice notably includes recent cases such as United States Government in City of Ontario v Quon, which considered Fourth Amendment issues relating to cell phone signal interception, with Katyal arguing for the petitioners. The firm is also lead counsel for the United States in the pending case of United States v Jones. In addition, this ‘exceptional’ firm has built a busy appellate practice in respect of both federal and state appeals. In one highlight at the appellate level, a team led by Ira Feinberg and Dominic Perella represented former executives of Gen Re in United States v Ferguson et al before the Second Circuit. In this matter, the firm successfully reversed its clients’ convictions after persuading the court that prejudicial evidence and improper jury instruction had tainted the trial.
Within Trade secrets, tier 4
Hogan Lovells US LLP’s team works with clients from the outset to ensure that valuable and confidential business know-how is protected through employee agreements, adequate measures on licensing and sale, and courtroom action if necessary. At the national level, the firm has successfully brought a case on behalf of a data analysis solutions company for the misappropriation of trade secrets and breach of confidentiality agreements, obtaining a jury award of $12.1m. The team also safeguarded a biotech company’s intellectual property when a venture capital firm attempted to obtain seats on the board of the biotech company – while investing at the same time in its competitor. The firm has represented an international technology company in litigation relating to secret technology used in radio-frequency identification tags, and successfully acted for an international power and engineering company on a claim for breach of fiduciary duty in Singapore related to the establishment by a former employee of a competing factory in China. Washington DC-based Steven Hollman heads the team.
Within White-collar criminal defense , tier 5
Headed out of Washington DC by Peter Spivack, Hogan Lovells US LLP’s ‘strong’ team provides ‘excellent competence’ at the nexus of government and business, particularly on matters affecting highly regulated industries such as healthcare and communications. Aided by Jonathan Diesenhaus, Spivack recently represented Synthes in a DOJ investigation into alleged off-label promotion of a medical device used in the spine to help the healing of vertebral fractures. After a five year investigation, the team managed to successfully negotiate a corporate integrity agreement, enabling the company to divest itself of the products at issue, while retaining its right to distribute them in the US and internationally. Other highlights included representing Tigrent (formerly Whitney Information Network) in an internal investigation and subsequent grand jury trial regarding the company’s national marketing program for educational courses designed to teach readers how to trade securities on the stock market. Able to tap into a sizeable international network, the firm is also well-placed to benefit from the increased co-operation between national regulators on enforcement matters. ‘One of the giants of the white-collar bar’, Robert Bennett is a pivotal member of the team and as a former federal prosecutor has ‘tremendous credibility’ before the agencies. Ty Cobb and Carl Rauh are also recommended. Clients include Apple, IBM, Medtronic and National Rural Utilities Cooperative Finance.
United States : Media, technology and telecoms
Within Technology: data protection and privacy, Hogan Lovells US LLP is a first tier firm,
Hogan Lovells US LLP’s 27-attorney privacy and information management practice group is the largest in the US. Clients value its ‘deep specialization’ and its ability to offer multinational entities global privacy counseling. Led by Christopher Wolf and healthcare privacy expert Marcy Wilder in Washington DC, the practice remains at the forefront of FTC privacy and enforcement work. Wolf represents privacy think tank The Future of Privacy forum, which focuses on emerging privacy challenges in FTC, FCC and NIST regulatory proceedings. Wilder advised Verizon on mobile health, tele-health and health information exchanges. High-profile clients include American Express, News Corporation and United Healthcare Group. Topical issues include big data, data aggregation, new platforms, behavioral advertising, the Smart Grid, health information, and mobile and online applications. The group advises on Health Insurance Portability and Accountability Act (HIPAA) matters and the Health Information Technology for Economic and Clinical Health Act (HITECH) regarding the electronic transmission of health information. The ‘creative, practical, intelligent’ Barbara Bennett provides ‘excellent healthcare regulatory advice’. The team was strengthened by senior policy advisor and law professor Daniel Solove. Nadine Peters and Timothy Tobin were promoted to partner.
Within Technology: outsourcing, tier 4
Hogan Lovells US LLP’s US practice is supported by the firm’s global outsourcing group and regulatory strength, and represents customers and vendors in multijurisdictional and cross-border mandates. Practice group head Philip Porter in McLean assisted the Air Transport Association with outsourcing to iGate Patni the development and hosting of an online marketplace for surplus aircraft parts. A prestigious client list includes Chiquita Brands, Constellation Energy Group, Ford Motor Company News Corporation and Novartis.
Within Technology: transactions, tier 4
Hogan Lovells US LLP team, led by Philip Porter in McLean, handles strategic alliances, outsourcing and development agreements, technology transfers, and complex licensing arrangements, supported by the firm’s IP and telecoms strength and broad global footprint. Steven Kaufman and the ‘always available’ Randy Segal, who wins praise for her ‘unique specialty in satellite telecom’, led a team advising the Mexican Government on the acquisition of a $1.5bn, three-satellite system. Audrey Reed and Tarah Grant advised News Corp on the IP aspects of its sale of MySpace to Specific Media. The group handled the IP elements of other big-ticket M&A deals, included Ford’s $1.8bn sale of Volvo Zhejiang Geely Holding Group. In Denver, copyright and trademark specialist David London represents software developers and vendors, internet service providers, computer chip and medical device manufacturers. Zenas Choi in Washington DC, who ‘blends strong legal acumen with business savvy’, represents social networks and new media clients. Shane Albright strengthened the team, joining from Cooley LLP.
Within Telecoms and broadcast: regulatory, Hogan Lovells US LLP is a first tier firm,
Hogan Lovells US LLP’s 20-lawyer group in Washington DC is recommended as ‘top-notch people with top-notch talent’. Supported by a global network of some 200 lawyers working in the technology, media and telecoms industry sector, the group’s regulatory and transactional specialists offer longstanding clients a wide range of services. Close links with the FCC bring steady flow of compliance work and key FCC mandates, advising on spectrum auctions, smart grid and wireless issues, and specialist sectors such as telemedicine. Washington DC practice head Michele Farquhar and Ari Fitzgerald represented Vodafone before the FCC on foreign ownership issues with major implications, FCC broadband and spectrum policy issues, including network neutrality and broadband reclassification. Clients recommend them as ‘experts in their field, well connected, and fast learners on company specific technologies’. They are ‘always available to help, and great people to work with’. Other highlights included assisting CTIA-The Wireless Association with FCC filings related to wireless broadband, competition and spectrum-related issues and FCC rulemakings and advocacy, and advising Sprint Nextel on filings and strategic advice in regulatory proceedings, including wireless broadband filings, TV white spaces and the AWS-2 spectrum bands. Fitzgerald and Mark Brennan represented General Motors in relation to the world’s largest vehicle-based communications and telematics service, OnStar, before the FCC and other government agencies. The team provides ongoing advice to leading US cable television providers in their major investments in the wireless business, including assistance on spectrum policy, auction and post-auction strategy, FCC compliance and related investment matters. Gardner Gillespie and Paul Werner represented Time Warner Cable in disputes and arbitrations around channel carriage and access issues. Dave Thomas represented Charter Communications on infrastructure and technology-related matters, and Cox Communications in a case of first impression against Arkansas electric cooperative concerning rates, terms and conditions of access to utility infrastructure. Zenas Choi is recognized for his expertise in satellite-related matters. According to clients, his ‘business savvy cuts through a lot of painful negotiations’. Clients include Tata Communications, GE Health Care, ATX Group, Fox and XO Communications.
Within Telecoms and broadcast: transactional, Hogan Lovells US LLP is a second tier firm,
Hogan Lovells US LLP’s telecommunications group in Washington DC, led by Michele Farquhar, is supported by the firm’s regulatory prowess and global presence, notably representing NBC Universal in the sale of the Spanish language independent television station K-WHY to the Meruelo Group. Its reputation as a ‘tough negotiator but fair and thoughtful’ wins the group prestigious clients and instructions. Highlights included advising Fox in the widely publicized sale of MySpace to Specific Media, representing News Corporation on the cross-border sale of the Fox Mobile Group to Jesta Group, and advising on the sale of Fox Audience Network and Strategic Data Corp to The Rubicon Project. New York-based Mark Weinstein is advising Avail-TVN on its global operating structure, and negotiating content licenses with major Hollywood studios and television networks and the distribution of video-on-demand format programs to multi-channel video platforms throughout the world. Zenas Choi in Washington DC and Randy Segal in McLean are recommended for ‘strong legal acumen’ and ‘hands-on experience’. Key clients include Columbia Capital and The Federal Government of Mexico.
United States : Mergers, acquisitions and buyouts
Within Antitrust, Hogan Lovells US LLP is a third tier firm,
The ‘outstanding’ Hogan Lovells US LLP is ‘very responsive’ and ‘always strives to take into account its client’s specific business concerns as much as possible’. With sector expertise in areas such as technology, healthcare, financial services, energy, and transportation, the firm’s client base contains some of the world’s largest companies including American Express, IBM, News Corporation and Air Canada. In 2011, the team acted as lead litigation counsel for H&R Block and 2nd Story Software (maker of TaxAct) in a highly publicized case where DOJ Antitrust Division sued to stop H&R Block’s $287m acquisition of TaxAct. Other work highlights included representing LabCorp, where it successfully defeated the FTC in its effort to block the client’s integration with Westcliff Medical Laboratories, and acting for Vietnam Airlines in multi-district litigation involving an alleged price-fixing conspiracy. ‘Set apart by the lawyers’ unique qualifications and industry know-how’, the practice includes some extremely highly regarded practitioners. Notably, in Washington DC, Joseph Krauss and co-chair of the practice Janet McDavid are ‘very experienced, knowledgeable practitioners, who take client service very seriously’, and the ‘terrific’ Robby Robertson is also a ‘top lawyer’. In New York, Sandy Litvack is ‘in a class of his own’ and delivers ‘unparalleled experience’ through previous service at the antitrust division at the DOJ, an in-house position at Walt Disney Company, and significant private practice experience. Logan Breed, who does a ‘great job’, and Benjamin Holt, who concentrates on antitrust litigation, were recently promoted to partner level.
Within M&A: large deals ($1bn-5bn), Hogan Lovells US LLP is a second tier firm,
Particularly adept at handling M&A transactions for companies in regulated industries, Hogan Lovells US LLP ‘offers the highest level of service in every case, consistently providing us with timely and accurate advice’. Other clients praise the ‘remarkable value for money and team approach, which ensures that no issues from one practice area adversely impact activities in another area. Its knowledge is unsurpassed, and assignments are given to the person best able to address them at the lowest rate’. The practice advised Equity Residential in its $1.325bn purchase of a 26.5% stake in certain entities affiliated with Archstone from affiliates of Bank of America Corporation and Barclays Bank; assisted NextEra Energy on its $1.05bn sale of four natural gas-fired power generating plants; was counsel to Martek Biosciences Corporation on its $1.09bn acquisition by Royal DSM; represented one of the country’s largest competitive communications providers, PAETEC Holding Corporation, on its $2.3bn acquisition by Windstream Corporation; and advised University of Colorado Hospital Authority on its $1.5bn merger with Poudre Valley Health System. Key mid-market deals included advising American Commercial Lines on its $777m acquisition by Platinum Equity; representing LabCorp on its $925m acquisition of Genzyme Genetics, a business unit of Genzyme Corporation; assisting Danvers Bancorp on its $493m sale to People’s United Financial; acting for Eola Property Trust on the $462m acquisition of its property management business by, and sale of six office properties to, Parkway Properties; advising News Corporation on its sale of MySpace to Specific Media; and representing Cobham on the $350m sale of its ownership interest in its US-headquartered Analytics Solutions Business to California-based Parsons Corporation, the transaction including the disposition of SPARTA and Argotek. Joseph Gilligan, located in Washington DC and Richard Horan, located in the Northern Virginia office, have ‘very strong capabilities’. Washington DC and Abu Dhabi-based Mark Mazo, together with Glenn Campbell and David Gibbons, have been active advising government contractors on transactions. William Curtin III, in New York, has advised on several pending confidential M&A transactions for corporate clients. For financial services clients, practice head Stuart Stein, Richard Schaberg, and Daniel Keating have acted on a nationwide basis in connection with continued industry consolidation in the banking and related financial services sectors. Schaberg’s ‘strengths include accuracy, consistency and timeliness’. On behalf of REIT industry clients, J Warren Gorrell, David Bonser, and Michael Silver have advised on a number of strategic transactions. They are all rated as ‘excellent attorneys who know their stuff’. Alexander Johnson is also ‘particularly good, his strengths including depth and breadth of knowledge of how all the pieces of an M&A transaction fit together and a proficiency in working to find workable solutions as opposed to simply digging in to protect the client’. David Locascio and José Luis Vittor joined the Houston office in 2011 from McDermott Will & Emery LLP.
Within Private equity buyouts, tier 5
With undoubted strength in the middle-market as well as regulated industries, Hogan Lovells US LLP is described as ‘outstanding’, ‘excellent’ and ‘superb’, by clients. In addition, its strong credentials in the venture capital segment has enabled it to safely inhabit the growth equity market, where there is some confluence between traditional private equity and venture activity. A lack of a strong presence in New York has always been its Achilles heel, but the firm has sought to address it by relocating co-chair of the private equity and venture capital practice Jeffrey Hurlburt (‘very clever and takes care of our interests in all aspects’) from Washington DC to this key private equity market. Other lead partners include Denver’s George Hagerty, and Robert Welp in McLean, Northern Virginia. With strength in Europe and Asia, the department has experienced solid growth in cross-border and multi-jurisdictional transactions. Advising funds such as The Gores Group on the sale of Liz Claiborne’s global Mexx business, illustrates that is considered a major player in the private equity sector. Its representation of KRG Capital and Liberty Dialysis on their $850m acquisition of RA Group Holdings from Welsh, Carson, Anderson & Stowe, also demonstrates the firm’s capabilities on upper middle-market deals for major private equity houses. ACON Investments and ABS Capital are also two of the department’s most active clients. The firm’s leading reputation in the healthcare and life sciences continues to attract private equity instructions including its representation of ACON-Bastion Partners II on its acquisition of Refac Optical Group. Further growth in Silicon Valley through partners such as Jon Layman who is praised for his ‘expertise’, ‘attention to critical aspects of the issues’ and ‘follow through’ is notable, as is the progress of the firm in the energy sector thanks in part to the presence of new partner David Locascio in Houston.
Within Venture capital and emerging companies, tier 4
Hogan Lovells US LLP has a fine record in the venture capital sector, with a strong focus on growth equity thanks to its equally impressive private equity expertise. The firm is particularly well known for life sciences work and with its excellent regulatory credentials in Washington DC, it offers a particularly rounded service. Its life sciences and Silicon Valley standing was recently enhanced by the arrival of Laura Berezin from Cooley LLP. Jon Layman also joined the Silicon Valley office from Wilson Sonsini Goodrich & Rosati. Clients include ABS Capital Partners, Doughty Hanson Technology Ventures, GlycoMimetics, MedImmune Ventures, Northzone Ventures and Venrock. In 2011, the firm represented ABS Capital on a series of deals, including its $30m Series C investment in RedZone Robotics. Washington DC’s Jeffrey Hurlburt heads the department.
United States : Tax
Within Tax controversy, tier 5
Tax controversy is an area of increasing importance and growth for Hogan Lovells US LLP. The majority of the tax practice remains non-controversial, but the controversy team, headed by Cristina Arumi, represents clients in both SALT and federal tax matters including a growing number of transfer pricing adjustments. The group is ‘responsive and brings a tremendous amount of knowledge and experience to the table’. The ‘exceptional’ Todd Miller is praised for his ‘experience and practical application of the law’, and Melvin Lefkowitz handles tax controversy issues at the examination level, before the Appeals Office of the Internal Revenue Service, and in state tax proceedings. International highlights include advising German ‘bad banks’ on both European and US tax issues.
Further information on Hogan Lovells LLP
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United States
Offices in Los Angeles, Northern Virginia, Denver, Colorado Springs, Baltimore, Washington DC, Chicago, Boulder, Miami, New York, Houston, Philadelphia, San Francisco, and Silicon Valley
- Finance : Capital markets: debt offerings
- Finance : Capital markets: equity offerings
- Finance : Financial services: regulatory
- Finance : Project finance
- Industry focus : Energy: renewable/alternative
- Industry focus : Environment: litigation
- Industry focus : Healthcare: health insurers
- Industry focus : Healthcare: life sciences
- Industry focus : Healthcare: service providers
- Industry focus : Insurance: advice to insurers
- Intellectual property : Copyright
- Investment fund formation and management : Private equity funds
- Investment fund formation and management : Real estate investment trusts (REITs)
- Labor and employment : Employee benefits and executive compensation
- Labor and employment : Immigration
- Litigation : International trade
- Litigation : Product liability and mass tort defense: aerospace/aviation
- Litigation : Product liability and mass tort defense: automotive/transport
- Litigation : Product liability and mass tort defense: pharmaceuticals and medical devices
- Litigation : Securities: shareholder litigation
- Litigation : Supreme Court and appellate
- Litigation : Trade secrets
- Litigation : White-collar criminal defense
- Media, technology and telecoms : Technology: data protection and privacy
- Media, technology and telecoms : Technology: outsourcing
- Media, technology and telecoms : Technology: transactions
- Media, technology and telecoms : Telecoms and broadcast: regulatory
- Media, technology and telecoms : Telecoms and broadcast: transactional
- Mergers, acquisitions and buyouts : Antitrust
- Mergers, acquisitions and buyouts : M&A: large deals ($1bn-5bn)
- Mergers, acquisitions and buyouts : Private equity buyouts
- Mergers, acquisitions and buyouts : Venture capital and emerging companies
- Tax : Tax controversy
Venezuela
Offices in Caracus
Vietnam
Offices in Ho Chi Minh City and Hanoi