The Legal 500

Within Corporate restructuring, tier 7

Driven out of the firm’s Washington DC headquarters and aided by a fairly significant presence in New York, Arnold & Porter LLP’s 19-partner team represents an eclectic mix of clients including corporate debtors, equity investors, asset purchasers and the officers and directors of distressed companies. Able to draw upon the wider complementary resources of the firm, including securities, corporate, real estate and finance, the team excels at ‘handling sophisticated, multi-layered mandates’. This approach was recently successfully brought to bear in relation to the firm’s involvement for two multibillion-dollar bank subsidiaries of Lehman Brothers Holdings in securing federal and state regulatory approval of the recapitalization of the banks and gaining court approval of global settlements of the banks’ claims exceeding $2.5bn. While the deal was led by financial services expert Brian McCormally, it necessitated significant input from New York-based restructuring partner Michael Canning. Canning is well regarded in the market and in addition to an impressive creditor deal book has also advised numerous high-profile corporates in their reorganization efforts, including the second largest national printing business Quebecor World, on its Chapter 11 reorganization. Washington DC-based Michael Bernstein heads the team and receives plaudits for his ‘versatile practice’ that encompasses creditors and debtors from a broad range of industries including telecoms, energy, healthcare and aviation.

Within Financial services: regulatory, Arnold & Porter LLP is a third tier firm,

Arnold & Porter LLP’s team of over 35 lawyers provides domestic and international financial institutions with comprehensive regulatory, litigation, legislative and transactional services. Based out of the firm’s Washington DC and New York offices, the practice includes a number of former high-ranking government officials and also benefits from the ability to tap into the huge reserves of knowledge within other complementary practice areas at the firm. ‘Superb for enforcement and investigations on behalf of banks’, the team continues to represent the Federal Housing Finance Agency (FHFA) as conservator of Fannie Mae and Freddie Mac in litigation across the country. The firm’s strength in enforcement and litigation is complemented by a robust bank advisory service, which advises a broad mix of financial institutions across legislative, policy and operational concerns. Important recent work has included advising clients on the implications of the Dodd-Frank Act. Led by Brian McCormally and utilising a broad multi-disciplinary team, the firm represented the two multibillion-dollar bank subsidiaries of Lehman Brothers in all matters relating to the banks’ federal and state banking regulators, including regulatory and bankruptcy court approval of the recapitalization of the banks, and the successful resolution of over $2.5bn in bank claims in the Lehman Brothers’ bankruptcies. Managing partner Richard Alexander has a ‘fantastic’ reputation, particularly in relation to handling high-profile enforcement matters and continues to advise significant institutions such as the FHFA. Howard Cayne is also well-regarded for enforcement and litigation, and represents the FHFA as conservator in a broad range of litigation. On the compliance side, David Freeman regularly handles product development matters for high-profile banks, while Kevin Barnard and the ‘superb’ Patrick Doyle are also recommended.

Within Environment: litigation, Arnold & Porter LLP is a second tier firm,

‘Active in environment litigation’, Arnold & Porter LLP is an ‘excellent choice’. The environmental practice group advises on civil and criminal enforcement under federal statutes, superfund and other cleanup of contaminated sites litigation and toxic tort claims covering a diverse array of groundwater, air pollution, toxic chemical, radioactivity, and public nuisance matters throughout the US. The firm advises Honeywell International in a wide range of environmental problems involving current and legacy operations, federal and state litigation. Currently, the firm is representing the client in remediation of a major urban marine terminal built on approximately two million tons of chrome ore tailings. The firm negotiated a consent decree with the State of Maryland, and is advising the client regarding the remedial investigation and feasibility study being performed under the decree. The firm is also defending the client against a RCRA citizens’ suit. Other highlights included advising the Brazilian Sugarcane Association in litigation challenging California’s low carbon fuel standard, which involved important climate change issues at the intersection of trade and environmental law and policy. Clients include BP, PPL, General Electric, Foster-Wheeler and Texas Pacific Group. Washington DC-based Lester Sotsky leads the team. Toxic tort specialist Michael Daneker in Washington DC, New York-based Nelson Johnson and Blake Biles are also recommended.

Within Copyright, Arnold & Porter LLP is a third tier firm,

Arnold & Porter LLP handles a full range of copyright protection matters for media and entertainment clients, including internet companies and sports leagues. The bi-coastal team fields nine partners across San Francisco, Los Angeles, New York and Washington DC. The New York group defended Paramount Pictures and Dreamworks in a copyright and trademark infringement case, in which the plaintiff alleged that the Transformers movie used her copyrighted bee-design air freshener. An experienced trial lawyer, Louis Ederer also represented an apparel maker as plaintiff in a case involving copyright infringement regarding fashion designs. The California-based team represents leading music recording and internet companies, with emerging technology a major focus. International IP co-chair Ronald Johnston has experience as lead counsel in new media and technology-related disputes, and Sean Morris specialises in technology and Internet law. Both attorneys represented Universal Music Group (UMG) in its litigation against DivX, involving an important industry-wide issue of copyright protection for music and videos in social networking and user-generated content websites. They also filed an amicus brief on behalf of NBC Universal and various music industry associations in a Ninth Circuit appeal for another UMG dispute against Veoh Networks, in relation to applying the Digital Millennium Copyright Act to user-generated content websites. Suzanne Wilson’s core client base is made up of internet, software and consumer goods companies; she recently settled a copyright infringement case for Microsoft and AOL. In Washington DC, Robert Garrett focuses on the sports and entertainment sectors, acting for clients such as the NBA, the NFL, Twentieth Century Fox, ABC, CBS and Disney. Roberta Horton acted for Swarovski North America in a copyright infringement case. The Virginia team takes on non-contentious matters for technology, entertainment and media interests such as acquisitions and licensing of content.

Within Overview,

New York-based Darby & Darby, one of the oldest IP boutiques in the US, was dissolved, with lawyers leaving to join general practice firms such as McDermott Will & Emery LLP and Stroock & Stroock & Lavan LLP, while San Francisco’s Townsend and Townsend and Crew merged with Kilpatrick Stockton to form Kilpatrick Townsend & Stockton at the start of 2011. Once one of the IP powerhouses, Howrey LLP dissolved in April 2011. Among the key high-profile partner moves, former IP co-chairs William Rooklidge and Alan Grimaldi went to Jones Day and Mayer Brown respectively, while Dewey & LeBoeuf LLP hired a number of West Coast-based lawyers, including former vice-chairman Henry Bunsow. Bert Reiser, a key lawyer in Section 337 cases, and Matthew Moore, went to Latham & Watkins LLP. Matthew Wolf and counsel Marc Cohn moved to Arnold & Porter LLP.

Within Trademarks: litigation, Arnold & Porter LLP is a third tier firm,

Arnold & Porter LLP’s practice has continued to be involved in some of the highest-profile trademark cases. The team includes nine partners, split across the firm’s California and East Coast offices. In New York, it continued to represent Gucci America in its long-running dispute against a former Gucci family member, with a district court ruling in favor of the client. Focused on brand protection and representing various luxury goods brands, Louis Ederer is also representing Gucci as plaintiff in a case against rival fashion label Guess. James Swire acted as lead counsel for Tiffany and Company in its appeal to the Second Circuit, which affirmed a previous non-infringement ruling but remanded the Tiffany v eBay case for further determination in relation to Tiffany’s false advertising claim. The Supreme Court also rejected an appeal by Tiffany. Roberta Horton, who leads the trademark practice in Washington DC, filed an amicus brief on behalf of various companies in support of appellant Rosetta Stone in its high-profile dispute with Google, alleging infringement of its trademarks through the use of online adwords which directed users to Rosetta’s rivals and counterfeiters. Los Angeles-based Suzanne Wilson focuses on representing hi-tech and consumer goods companies.

Within International arbitration, Arnold & Porter LLP is a third tier firm,

Arnold & Porter LLP’s core areas of expertise are the energy, telecommunications and government concessions sectors; the practice has had significant success acting for Latin American sovereigns. Clients are impressed with the firm’s ‘record of success’ and say its ‘prestige makes who to use an easy decision’. Eli Whitney Debevoise rejoined the firm as a partner in April 2010 after being appointed as US executive director at the World Bank in 2007 by the Bush administration. The practice recently achieved a significant victory on behalf of the Republic of Chile, obtaining a full dismissal of a $797m claim asserted by the claimants in the Revision phase of an ICSID dispute, brought under the Spain-Chile BIT. In the energy field, the firm is acting for EDF in an ICSID arbitration against Argentina, which involves claims of $260m. The dispute arises from an investment in the electricity distribution sector in the province of Mendoza in Argentina, and the claims were asserted under the France-Argentina and Luxembourg-Argentina bilateral investment treaties. In Europe, the practice is acting for the Republic of Hungary in an ICSID dispute under the multilateral Energy Charter Treaty, arising from Hungary’s efforts to restructure its electric power sector in the wake of its accession to the European Union. Paolo Di Rosa heads up the practice group and is recommended. Jean Kalicki is also a noted practitioner.

Within International trade, Arnold & Porter LLP is a third tier firm,

Arnold & Porter LLP has a full service international trade practice covering trade regulation and disputes including antidumping, countervailing duty, and Section 337 intellectual property infringement cases in the US and in other countries. Clients are impressed with its ‘great knowledge of the law and capacity to understand the business requirements and client’s needs, plus great attention to detail’. The firm also has an active compliance practice advising on exports including controls under the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the Foreign Corrupt Practices Act (FCPA), antiboycott legislation, and other laws governing international economic activity. The practice defended a South African aluminum plate producer in a US antidumping case filed by Alcoa. It obtained low dumping margins before the US Department of Commerce, and then obtained a ruling from the US International Trade Commission that South African imports were not injuring the US industry. No antidumping duties were imposed. Head of the international trade practice Lawrence Schneider and Michael Shor are the names to note.

Within Product liability and mass tort defense: consumer products (including tobacco), Arnold & Porter LLP is a second tier firm,

Arnold & Porter LLP is renowned for its product liability defense expertise and is national tobacco counsel for Philip Morris, while other key clients include Atlantic Richfield and BP North America. The group has notable expertise in consumer product safety and California’s Proposition 65 legislation and advises a number of leading manufacturers, distributors and retailers on recalling consumer products, handling investigations and dealing with associated product liability and commercial disputes. Clients include Hasbro, Johnson & Johnson, Segway, TJX and Toys R Us. The firm has also been representing seven of the nation’s largest restaurant chains – including McDonald’s and TGI Friday’s – against allegations brought by animal rights activists that the companies failed to warn of the presence of the chemical PhIP, a suspected carcinogenic, in cooked chicken products. Other recent highlights include representing Applebee’s and its parent company, DineEquity, in six consumer class actions filed around the country challenging the accuracy of the nutritional information on the WeightWatchers portion of its menu. Some 100 lawyers operate within the practice, which is co-chaired by New York-based Philip Curtis and Washington DC-based Eric Rubel.

Within Product liability and mass tort defense: toxic tort, Arnold & Porter LLP is a second tier firm,

Arnold & Porter LLP has been steadily increasing its visibility in this arena and is ‘becoming one of the big players’. Areas of expertise include lead pigment cases, on which it advises Atlantic Richfield, and climate change, for which the group is BP’s national counsel. Indeed, it is defending BP in a case brought by an Inupiat native village in western Alaska alleging that greenhouse gas emissions from BP facilities are causing the loss of protective barrier ice, which would eventually render the village uninhabitable. The firm also acted for the client in a case alleging that greenhouse gas emissions intensified the effects of Hurricane Katrina resulting in greater property damage across Mississippi. Practice chair Philip Curtis in New York and Eric Rubel in Washington DC are recommended.

Within Telecoms and broadcast: regulatory, Arnold & Porter LLP is a third tier firm,

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

Within Antitrust, Arnold & Porter LLP is a first tier firm,

Arnold & Porter LLP remains firmly positioned as a top-tier firm in this practice area. Often described as a “one-stop-shop” in international matters, the practice has over 90 attorneys throughout the US and Europe representing major clients in the most significant matters. In Washington DC, merger highlights included advising Intel on the $7.6bn purchase of software provider McAfee. With a number of partners having worked previously within the Federal Trade Commission (FTC) or Department of Justice (DOJ), the firm is also strong in the government investigations arena, where clients include Intel and Monsanto. The New York and California offices are key parts of the firm’s antitrust litigation practice, often working with the Washington DC office to advise on multi-district litigation. Practice head William Baer is a highly praised attorney whose recent caseload includes defending General Electric against a series of class and individual actions regarding an alleged conspiracy between financial institutions to rig bidding processes for the purchase of financial products related to municipal bonds. Baer and his team won motions to dismiss two of the actions, which was especially significant given that more than 30 other defendants were denied motions to dismiss. In New York, Robert Mason is advising Visa USA and Visa International on a large class action and also favorably settled a parens patriae action which entailed the approval of new legislation. In Los Angeles, Ronald Redcay’s team has been acting for BP in a class action alleging a conspiracy to fix gasoline prices.

Within M&A: large deals ($1bn-5bn), Arnold & Porter LLP is a third tier firm,

With offices in the US and abroad, Arnold & Porter LLP has advised clients on several large and complex transactions, with private equity a growth engine for the practice over recent years. The team also represents a broad range of corporate clients in the financial services community and is strong in regulatory areas, focusing on money center and super-regional banks. On the transactional side, the work tends to be focused on thrifts and regional banks, the practice also encompassing corporate and M&A work for hedge funds and other investment managers, specialty finance companies and small broker-dealers. Highlights included advising Brink’s Home Security Holdings as Virginia counsel in its $2bn sale to diversified manufacturing company Tyco International, acting for NISC, a privately-held information technology, information management and management technology company, in its sale to IBM, and representing Minera in acquiring and securing the exploration and mining permits for the Spremberg-Graustein-Schleife copper deposit in Germany. The firm also represented private equity fund The Halifax Group in its acquisition of a 61% interest in Animal Supply Company, a wholesale distributor of pet products and pet food to independent pet stores in the Western US, and was recently appointed as counsel to Morgan Stanley in connection with the merger of ProLogis and AMB to form a $46bn REIT. Washington DC-based Steven Kaplan is the partner responsible for the corporate and securities practice group. Also in DC, Sarah Kahn focuses on M&A and private equity transactions. Kahn has special experience in acquisitions for clients in international aerospace and defense and government contracting. In 2010, World Bank US executive director Whitney Debevoise returned to the firm as partner, while Andrew Varner joined the DC office from O’Melveny & Myers LLP. Robert Azarow, Edward Bright, and Stephanie Nygard arrived in New York from Sonnenschein Nath & Rosenthal – now SNR Denton – and Stephen Double joined from Allen & Overy LLP.