The Legal 500

Reed Smith LLP

What we say about the firm's legal practice in United States

Industry focus

Within Healthcare and life sciences, Reed Smith is a second tier firm,

An excellent national healthcare practice,Reed Smith LLP represents an eclectic mix of clients – from venture capital investors to pharmacy chains, manufacturers to managed care providers – across their corporate, finance, regulatory, investigation and litigation needs. The firm displays ‘in-depth knowledge of the complex healthcare regulatory and licensing environment, and provides practical advice from a great team of professionals’. Clients include Abbott Laboratories, AstraZeneca, CVS, HCR ManorCare, HealthSouth Corporation, Johnson & Johnson, Kindred Healthcare, Life Care Centers of America, and Omnicare. Recent highlights include a multibillion-dollar manufacturer acquisition and representing DJO Inc – an orthopedics company owned by Blackstone Group – on two bond offerings totaling $450m. Practice vice-chair Carol Loepere displays the ‘ability to coordinate complex transactional requirements in multiple states in the healthcare regulatory context – she works very well with in-house and local counsel to accomplish complex goals’. Elizabeth Carder-Thompson and senior counsel Kathleen McGuan have ‘very high industry acumen and knowledge, are very high on client service, and are practical and business minded’. Eric Dubelier has ‘great subject matter knowledge’ for False Claims Act advice and government investigations.

Within Insurance: advice to policyholders, Reed Smith is a second tier firm,

Having expanded from its historically strong Pittsburgh base, Reed Smith LLP’s insurance recovery group has outposts throughout the US, including in Chicago, Los Angeles, New York, Philadelphia, Washington DC and San Francisco. With over 60 insurance recovery lawyers, the firm definitely has the numbers, and it ‘responds quickly; asks the right questions; considers all the relevant facts and law; and is practical.’ In 2010 Dan Hofmeister, David Goodsir and Kevin Tessier, formerly of Neal, Gerber & Eisenberg, joined the firm, bringing expertise in D&O liability and health care law. Areas of activity for the firm have included mortgage-related insurance disputes. Countrywide retained the team in litigation to stave off claims of rescission by mortgage insurers and financial guaranty companies, and the firm has had significant results for the client in its coverage litigation with United Guaranty. John Vishneski is lauded for his ‘practical experience and ability to find common ground’, and Douglas Cameron, Carolyn Rosenberg and John Shugrue are also highly recommended.

Labor and employment

Within Labor and employment litigation, Reed Smith is a third tier firm,

Reed Smith LLP is ‘absolutely top notch in terms of responsiveness’. The firm is ‘very, very practical’, and has a ‘strong legal base and an extremely good ability to translate and interact with client groups’. The firm is also ‘very responsive to client concerns and willing to adjust as needed, including case staffing’. It recently secured a complete defense in favor of its client Ready Pac Produce against a former employee claiming retaliation and wrongful termination. It also acted in Simonyan v Countrywide, et al, a putative California and nationwide class action that was filed in California alleging 6 causes of action against Countrywide and Bank of America based upon alleged violations of the WARN Act, California’s WARN Act, ERISA and various state wage and hour laws. The firm also recently secured voluntary dismissal of Kaiser Permanente from a putative California class action that sought millions in statutory damages as well as recovery for more than a hundred claims of actual identity theft. Other representative clients include UPS and Prudential Insurance Company of America. Karl Fritton is the global labor and employment practice chair at the firm. His talented group includes Linda Husar and Casey Ryan, who is ‘really strong legally and personally’ and ‘is not afraid to litigate’. Thomas Hill and Martha Hartle Munsch are also recommended.

Within Labor-management relations, Reed Smith is a third tier firm,

While the National Labor Relations Act is the basis for much of the work Reed Smith LLP does, its labor attorneys also assist today’s employers in dealing with numerous federal, state, and local statutes and regulations governing the workplace. The firm’s labor group represents management with unionized workforces or where the priority is to remain union free. Its practice consists of counselors and trial lawyers, who handle the many aspects of labor law with which companies have to deal, throughout the various stages of a company’s life cycle. The firm has excellent working relationships with the NLRB and other federal, state, and local administrative agencies; with labor arbitrators throughout the country who hear disputes arising under collective bargaining agreements; with unions; and with judges and court personnel. The firm represents employers in virtually every industry and many on a multi-state, regional or national basis. It also represents more than 200 public employers for labor and employment matters, including cities, counties, statewide agencies, townships, boroughs and municipal authorities. Recently it advised Tenet Healthcare Corporation/Hahnemann Hospital on all phases of a union organizing campaign for a potential bargaining unit of 700 plus registered nurses, to include campaign strategy and litigation of unfair labor practice charges and post election objections. The much-admired Karl Fritton splits his time between Philadelphia and Chicago. Eugene Connors, Casey Ryan and William Bevan are all highly recommended.

Litigation

Within Product liability and mass tort defense: aerospace/aviation, Reed Smith is a second tier firm,

Reed Smith LLP’s ‘excellent’ practice includes highly respected Princeton-based Patrick Bradley, who formerly worked for the US Department of Justice’s Civil Division, Aviation and Admiralty, before becoming the group’s practice leader. The firm has developed expertise in cases involving the design or manufacture of an aircraft or component parts, aircraft and airline operations and aircraft maintenance. It is defending aviation electronics manufacturer Rockwell Collins in litigation relating to the Air France Flight 447 crash. The firm also serves as lead counsel to Continental Airlines in litigation relating to the 50-fatality crash of Continental Connection Flight 3407 near Buffalo, New York, in February 2009. New York-based Oliver Beiersdorf is recommended, along with Washington DC-based of counsel Courtney Bateman, a former FAA counsel.

Within Product liability and mass tort defense: pharmaceuticals and medical devices, Reed Smith is a first tier firm,

Life sciences work lies at the core of Reed Smith LLP’s product liability group, which is staffed by ‘highly qualified attorneys with excellent knowledge’ and is admired by clients for its strategic planning and courtroom skills. The firm is national coordinating and trial counsel defending CR Bard in litigation concerning Kugel Mesh Patch, a surgical patch for hernia repairs recalled by the manufacturer, and secured a full defense verdict in Whitfield v Davol and CR Bard, the first of the cases to reach trial. The group also continues to serve as national counsel representing Organon USA, a pharmaceutical subsidiary of Merck & Co, in litigation relating to NuvaRing hormonal contraceptive. The team is responsible for the overall defense strategy and coordination for more than 700 cases, and in 2010 it obtained dismissal of all New Jersey Consumer Fraud Act (CFA) claims asserted in the NuvaRing mass tort in New Jersey. For Pfizer, the group has been serving as national and international coordinating and trial counsel in litigation alleging that Mirapex, a treatment used for Parkinson disease and Restless Legs Syndrome, causes certain impulse control disorders for which plaintiffs sought damages for personal injury, emotional distress and financial loss. The firm’s achievements to date include obtaining a summary judgment for Pfizer and Boehringer Ingelheim in a claim for $10m in economic losses relating to Mirapex. The team’s track record has also seen it pick up new instructions recently from JT Posey, a leader in hospital restraints and other medical devices, and Barrx Medical, which provides solutions for the pre-cancerous condition, Barrett’s esophagus. Michael Brown in Los Angeles is ‘exceptional and responsive’ and chairs the department. In 2010, the firm deepened its resources by recruiting Lawrence Stein, former general counsel of Wyeth, who joined the group as counsel and divides his time between Philadelphia and Washington DC. Michael Scott is also recommended.

Within Product liability and mass tort defense: toxic tort, Reed Smith is a first tier firm,

Reed Smith LLP has been active in the toxic tort arena for a number of years, often handling large and complex litigation in a mix of national, regional and local counsel roles. The firm’s attorneys have considerable expertise in asbestos litigation, as well as silica, benzene, welding rod and other toxic torts. 3M is a longstanding client, having instructed the team on a number of cases arising from claims of workplace exposure to benzene and hydrocarbon solvents that allegedly caused various forms of blood cancer. The firm is also representing Smurfit-Stone as national counsel in various lines of litigation including personal injury actions and asbestos-exposure cases. Other clients include Johnson Controls and Pfizer. Much of the practice is based in New York, from where John Hooper heads the practice.

Media, technology and telecoms

Within Marketing and advertising, Reed Smith is a first tier firm,

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.

Within Technology: data protection and privacy, Reed Smith is a third tier firm,

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.

Mergers, acquisitions and buyouts

Within M&A: middle-market ($500m-999m), Reed Smith is a third tier firm,

Reed Smith LLP’s M&A practice forms part of a US corporate and securities team which includes more than 170 attorneys resident in New York City, Philadelphia, Pittsburgh, Chicago, San Francisco, Silicon Valley and Los Angeles, as well as in other key offices throughout the US. Recent highlights include representing National Penn Bancshares in a $150m private equity investment by Warburg Pincus in National Penn’s common stock and advising Waterbury Companies, a specialty chemicals maker, in the sale of its North American Operations to Zep, marking the fourth transaction the firm completed for the Waterbury company of families in a period of 18 months. The firm also structured, negotiated and closed on a $17.1m section 363 stalking horse bid made by client Victory Pharma, a portfolio company of private equity fund client, Essex Woodlands, in its acquisition of two marketed pharmaceutical products out of the liquidation bankruptcy of MiddleBrook Pharmaceuticals. The world’s second-largest shipbuilder, Korea’s Daewoo Shipbuilding & Marine Engineering, was assisted in its $49.5m acquisition of wind turbine manufacturer DeWind and its subsidiaries. Mine Safety Appliances was advised in its $280m acquisition of General Monitors, an innovator and developer of advanced flame and gas detection systems. In the large deal space, in a transaction that spanned seven offices, the firm also advised CyberSource Corporation, a provider of electronic payment, risk management, and payment security solutions to online merchants, in its sale to Visa in an all-cash deal valued at approximately $2bn. Philadelphia-based chair of US corporate & securities Paul Jaskot has worked closely with clients in industries such as banking and financial services, health care, life sciences, insurance, media, consumer products, IT, telecommunications, transportation, chemicals and energy. Jaskot advised Talecris Biotherapeutics, a global biotherapeutic and biotechnology company, in the acquisition of 58 plasma collection centers, as well as in several follow-on acquisitions and plasma supply agreements. He also represented Billing Services Group in the sale of its European wireless business to Syniverse Technologies for $290m in cash. Chicago-based vice chair of the US corporate and securities group Seth Hemming has acted as counsel to private equity funds and other investor groups in connection with over 100 mergers, acquisitions and divestitures in sectors such as food, defense contracting, business services, chemicals, building products, branded consumer products, restaurant chains and technology. Hemming represented Waterbury Companies, a specialty chemicals maker, in the sale of its North American Operations to Zep, and advised the stockholders of York Label, a leading producer of pressure-sensitive labels for the consumer, food and pharmaceuticals market, in its sale to Diamond Castle Holdings, a New York buyout fund.

Tax

Within Tax controversy, Reed Smith is a third tier firm,

Reed Smith LLP’s nationwide state tax practice is led by Lee Zoeller from Philadelphia, where 15 team members are based. The expanding 18 partner group is also represented in California, and several East Coast states as well as Washington DC. With one of the largest SALT groups in the nation, the firm has the capacity to handle several multistate tax disputes simultaneously and offers excellent client support, from detailed initial business reviews and advice, to expert advice through IRS audits and litigation. Client-acclaimed lawyers include, in San Francisco, John Messenger, who has represented Microsoft in the California Courts. Washington DC-based Donald Griswold, recommended for state tax efficiency reviews of large, multistate businesses, was joined by telecoms state tax specialist Walter Nagel who joined the firm from Sullivan & Worcester LLP in July 2010. Practice clients include Consolidated Freightways, Gannett Corporation, Electronic Data Systems and PTI Communications of Alaska.


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