The Legal 500

Arnold & Porter LLP

555 TWELFTH STREET, NW, WASHINGTON, DC 20004-1206, USA
Tel:
Work +1 202 942 5000
Fax:
Fax +1 202 942 5999
Web:
www.arnoldporter.com

United States

Top-tier recommendations

  • United States: Mergers, acquisitions and buyouts > Antitrust

Recommendations

  • United States: Real estate and construction > Real estate

Latin America: International firms

Recommendations


United States: Finance

Within Capital markets: global offerings , tier 4

Arnold & Porter LLP has an impressive practice representing sovereign debt issuers, and recently advised the Republic of Turkey in the issuance of $1.5bn worth of lease certificates due in 2018. Steven Tepper and Jeremy Willcocks led the transaction from New York. Mark Stumpf in Washington DC also represented the Republic of Colombia in $559.8m 4.375% Global TES Bonds due 2023. Another highlight saw Gregory Harrington, in Washington DC, and counsel Stephen Double, in New York, advise Peruvian agricultural company, Camposol, in its $125m offering of 9.875% senior notes due 2017.

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Within Corporate restructuring (including bankruptcy), tier 7

Arnold & Porter LLP has a diverse practice that acts for a broad mix of debtors, investors, creditors and acquirers in bankruptcy cases. From Washington DC, Michael Bernstein heads the national 16-partner group that was recently boosted by the arrival of Evan Hollander from White & Case LLP into the firm’s New York office. Lisa Hill Fenning is the main contact for the firm’s California bankruptcy practice and recently led the team that represented Downey Regional Medical Center-Hospital, a non-profit community acute care hospital, in its successful Chapter 11 reorganization, which was confirmed in February 2012.

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

Arnold & Porter LLP has a ‘longstanding’ presence representing financial services clients across a range of matters including enforcement/congressional investigations, securities actions and antitrust litigation. The firm has a strong reputation within the consumer finance sector and regularly acts for clients in discrimination and unfair lending cases brought by the DOJ and Office of Thrift Supervision (OTS). Michael Mierzewski is at the forefront of much of this work and also continues to represent the FHFA in litigation related to the Fannie Mae and Freddie Mac conservatorships. Another area of strength for the firm is in relation to federal pre-emption, most of which is handled out of its West Coast offices. Los Angeles-based Laurence Hutt is using this argument as a defence for FIA Card Services (formerly MBNA America Bank) against allegations that it contravened a unique California disclosure statute. Although the firm does not pick up the same level of high-profile credit crunch-related instructions, it has been handling a growing volume of MBS matters including representing Bank of America in the defence of an action brought by monoline insurer Ambac seeking reimbursement for all payments made in respect of the defaulting underlying mortgages that made up part of the mortgage-backed securities originated and securitized by First Franklin (now Bank of America following Merrill Lynch’s acquisition). The firm also continues to represent Flagstar in another high-profile case brought by monoline insurer Assured Guaranty. Recommended partners include Howard Cayne, Charles Berry, Pamela Miller, Stewart Aaron and David Bergman.

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Within Financial services: regulatory, tier 4

Based out of the firm’s Washington DC, New York and Los Angeles offices, Arnold & Porter LLP provides a ‘very accomplished service’ across a range of transactional, legislative and compliance matters for bank holding companies, insurance companies, private equity firms and securities firms, amongst others. Praised for its ‘very deep bench’, the team of over 35 lawyers includes a number of partners with significant governmental experience such as the ‘excellent’ John Hawke, who was former Comptroller of the Currency. Hawke benefits from a ‘wealth of experience’ and is advising Federated Investors on legislative and regulatory counseling matters related to the implementation of the Dodd-Frank Act. Co-head Kevin Barnard also benefits from significant agency experience, ensuring that he is able to provide clients with a unique perspective into the regulatory elements associated with a whole host of matters. Barnard is currently representing Banco do Brasil on all aspects of its US expansion strategy and establishment of a national financial services platform. As well as successfully acquiring Florida-based EuroBank, the state-controlled Brazilian bank successfully qualified for financial holding company status; notably, this was the first time this designation was granted to a financial institution controlled by a foreign government. ‘Experienced’ co-head Patrick Doyle has ‘encyclopedic knowledge of the Dodd-Frank Act’ and as part of his broad-ranging practice is regularly called upon by parties to advise on the potential implications of the legislation and on legislative matters. Working closely with numerous other practice groups, including the legislation and public policy practice, Doyle is advising State Farm Insurance Company on the potential impact of the Dodd-Frank Act on its business, as well as drafting and filing comments on the proposed regulations. ‘Outstanding’ managing partner Richard Alexander has an ‘incredible sense of how to get problems solved’ and is a key component of the firm’s ‘first-class’ enforcement practice. Other recommended partners include Robert Azarow, for financial services M&A; David Freeman, who is particularly strong advising on matters at the intersection of securities and banking; Michael Mierzewski, for consumer finance; and insurance regulatory expert Charles Landgraf, who recently joined following the closure of Dewey & LeBoeuf LLP. Clients include VISA, Bank of America, Apple Bank and Hudson City Bancorp.

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United States: Industry focus

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

Arnold & Porter LLP’s ‘very fine environmental practice’ has a large, experienced team of 24 lawyers nationwide covering every element of environmental law, such as climate change, enforcement litigation, toxic tort, contaminated property cleanup and California’s Green Chemistry initiative. Aside from the firm’s continued environmental counsel to BP over the Deepwater Horizon spill, it represented the same client in a major case regarding groundwater contamination from the gasoline additive MTBE. The firm is co-leading this national litigation (which covers issues of public nuisance and product liability) with Kirkland & Ellis LLP. The firm also has a strong relationship with Honeywell International, for which it acts as overall environmental counsel on a variety of matters, including a CERCLA action brought by the Roosevelt Irrigation District (RID) in Phoenix, Arizona, alleging that its operations contaminated wells. The practice is also representing six restaurant companies, including McDonald’s and TGI Friday’s, regarding an alleged failure to provide Proposition 65 warnings that its chicken products produce a carcinogen when grilled. A related case is being brought in Connecticut against two of the firm’s clients in an attempt to widen California’s rulemaking to other states. Lester Sotsky heads the department from Washington DC.

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Within Healthcare: life sciences, Arnold & Porter LLP is a third tier firm,

Arnold & Porter LLP’s respected group was bolstered by the merger with San Francisco firm Howard, Rice, Nemerovski, Canady, Falk & Rabkin in January 2012. The firm also added Diane Bieri, a former general counsel at industry group Pharmaceutical Research and Manufacturers of America, to its regulatory team in Washington DC in October 2012. Among transactional matters, a team including the highly regarded Steve Parker acted for Asahei Kasei on its acquisition of Artisan Pharma. Parker and colleagues in McLean, Virginia, also acted in several licensing transactions, including a restructuring of the worldwide partnership for a bladder cancer diagnostic with Photocure ASA for client GE Healthcare. Matthew Wolf is a leading figure on the litigation side and the practice is notable for its patent prosecution and patent litigation capabilities, recently winning significant victories for Hologic and Boston Scientific. Daniel Kracov heads the regulatory team and David Marsh leads on the IP side.

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United States: Intellectual property

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

Arnold & Porter LLP continues to act for content owners in contentious matters at the intersection between entertainment and new media sectors. Robert Garrett has extensive experience in representing major sports and broadcasting companies in copyright infringement cases, with noteworthy clients including the Motion Picture Association of America, ABC, CBS and 20th Century Fox. Garrett is currently lead counsel for a consortium of major sports associations in disputes regarding royalties for TV retransmission of sports programmes. He also continued acting for a group of plaintiffs comprising broadcasting networks, sports leagues and TV content owners including NBC, Disney and Major League Baseball in a successful appeal, which affirmed an injunction against internet TV streaming service Ivi TV. Cases filed on behalf of Viacom against Time Warner Cable and Cablevision regarding the retransmission of programming of iPad devices have been settled.

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Within Patent litigation: full coverage, tier 5

Arnold & Porter LLP has longstanding experience and a solid reputation for high-stakes patent litigation matters, acting for clients across a wide range of industries. Its credentials include acting for Boston Scientific in long-running coronary stents patent disputes, with obtaining summary judgment of non-infringement in favor of the client in one case against Cordis. It also won a patent infringement case for Hologic as plaintiff, with claims regarding the mammogram cushion medical device successfully asserted against IZI. Ongoing representations include acting for GE-owned SightSound Technologies in filing a patent infringement case against Apple in relation to the defendant’s iTunes platform. The firm also represented Google in a multi-defendant lawsuit brought by a patent holding company in possession of cloud computing patents developed by Symantec, and is handling district court patent infringement cases for HP as defendant. In Washington DC, Matthew Wolf frequently acts as lead trial counsel on the team’s key patent litigation cases, with particular experience in both medical and computer technologies. Also in the same office, Edward Han handles complex IP cases. On the West Coast, Michael Berta has experience in both federal court and ITC proceedings, with James Blackburn, James DiBoise and Jennifer Sklenar also key attorneys.

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

Arnold & Porter LLP has been involved in some high-stakes litigation across both East and West Coast practices, as well as remaining busy on counterfeiting and gray market goods matters. In San Francisco, Martin Glick is defending Amazon against a claim brought by Apple regarding rights to the use of the term Appstore; the firm is also representing the same client in EU proceedings of this particular dispute. The New York team successfully obtained a $4.6m damages award on behalf of Gucci as plaintiff in its long-running dispute against Guess on a number of trademark, trade dress infringement and counterfeiting claims, with a ruling in favor of the client on four out of five of these claims. Louis Ederer led on this matter and has particular experience representing major brand owners in the high fashion and luxury goods industries such as Alexander McQueen. Los Angeles-based John Ulin has strong expertise in anti-counterfeiting work.

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United States: Litigation

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

With a recent success on behalf of Hungary in an Energy Charter Treaty case against Electrabel, Arnold & Porter LLP took its tally of successive sovereign-side victories, stretching back as far as the year 2000, to fourteen. These cases include representing Chile in the long running $800m Victor Pey Casado case and Guatemala against Railroad Development Corporation, as well as cases on behalf of Panama, the Dominican Republic, El Salvador and other Latin American states. Despite its reputation for sovereign-side work, the practice also undertakes investor-side representations, such as Mercer International against Canada (a NAFTA Chapter 11 case); and has been seeking to boost its involvement in commercial cases, where it is presently representing engineering company Von Ardenne Anlagentechnik in a $70m ICC case against a Californian solar cell company. With considerable work across the energy sector, it also has extensive experience in TMT, communications, and construction, and increasingly, with the return of Whitney Debevoise from the World Bank in 2012, in banking and finance related cases. ‘A great practitioner at a great firm’, Washington DC-based Paolo Di Rosaleads from the front’, particularly on Latin American-related investment cases. ‘A fabulous practitioner’ with extensive experience in both commercial and investor-state work, Jean Kalicki today splits her time 50/50 between acting as counsel and sitting as an arbitrator. Latin America-focused partner Gaela Gehring Flores is ‘a noted practitioner’; senior counsel Maria Chedid brings Middle Eastern experience and knowledge to the practice, and Costa Rican national Patricio Grané adds trade-related expertise. The firm lost David Orta, who has left for the emergent practice at Quinn Emanuel Urquhart & Sullivan, LLP.

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

With a number of former government advisers in the ‘excellent’ team at Arnold & Porter LLP, the firm has an excellent relationship with departments of state and has a number of personnel with a high level of security clearance. The team, numbering 12 partners and 35 attorneys, is led by the ‘superb’ John Bellinger and John Barker. The firm’s CFIUS practice remains a key strength and the team acts for foreign and domestic clients in sectors including aerospace, energy and defence. Lawrence Schneider, head of the trade remedies and trade policy practice, continues to advise longstanding client, the government of Israel, on a range of international trade matters. The firm is representing Giorgio Foods Inc and PS Chez Sidney. Michael Shor, arguing the case before the Federal Circuit, raised novel and constitutional challenges to the Byrd Amendment on the eligibility of subsidies and successfully argued that PS Chez Sidney could not be denied subsidies. Barker, head of export controls and economic sanctions, heads a team that acts for clients including BAE Systems, Almenia Aeronautica and Corning International.

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

Arnold & Porter LLP is a ‘terrific law firm’ that fields a ‘top-notch’ team of ‘excellent legal strategists’. The practice has a key focus on consumer safety litigation, and acts as national counsel to Philip Morris in product liability and consumer fraud cases. It has been representing the tobacco giant in a series of class actions concerning light tobacco products. Ingo Sprie and Washington DC-based Geoffrey Michael are ‘brilliant legal minds’ but also ‘very practical’. The firm defended Phillip Morris against a number of Engle progeny litigation personal injury claims (derivative actions following the Florida Supreme Court’s vacation of the Engle damages award and class decertification), and Philip Curtis and John Massaro achieved the decertification of a class of purchasers of Malboro Lights before the New Hampshire Supreme Court. In other work, Trenton Norris continues to advise a number of prominent US restaurants in a dispute with an animals rights group, concerning Proposition 65 warning for a natural chemical by-product of grilled chicken products. Other clients of the practice include BP Products North America and Applebee’s. This ‘very bright’ team also includes Jonathan Stern, whose background as a public defender is a major asset to the team, and Eric Rubel, whose in-house experience at the Consumer Product Safety Commission is also a boon. Rubel and Anand Agneshwar co-head the practice. New York'sPhilip Curtis and Nancy Milburn are also recommended.

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

Arnold & Porter LLP is at the forefront of new public nuisance issues and continues to defend Atlantic Richfield against claims throughout California. The team is also representing the same client in lead pigment litigation and pre-trial motions, and has won a significant number of defense verdicts in state Supreme Courts across the country. Nancy Milburn handles a broad variety of toxic tort cases including lead poisoning, temperature correction and climate change. She recently advised Atlantic Richfield in public liability claims brought by 130 plaintiffs in Pennsylvania alleging exposure to radiation. Proposition 65 litigation is another area of strength for the group, where Trenton Norris is an expert. Philip Curtis and William Voth are names to note in New York.

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Within Supreme Court and appellate, Arnold & Porter LLP is a second tier firm,

Arnold & Porter LLP’s Supreme Court presence is centred on the standout win-loss record of Lisa Blatt who has a ‘superb track record’ and is ‘highly effective’. In April 2013, Blatt argued on the merits on behalf of an adoptive couple in a case involving adoption rights and custody of a child in Adoptive Couple v Baby Girl; in the same term she represented Oklahoma state officials in a water rights dispute with a Texas water agency in Tarrant Regional Water District v Herrmann. At the appeals level, the firm has ‘a national footprint and a great depth of bench’. In addition to Anthony Franze - who is well known for civil racketeer and price-fixing cases, and counsel Dirk Phillips - the firm also draws on the legal skills of Robert Katerberg (highly regarded for First Amendment and for contraception cases) and Christopher Rhee, whose docket includes major securities work and gay marriage cases. The firm is particularly active in the Ninth Circuit and Federal Circuit.

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Within White-collar criminal defense , tier 8

Arnold & Porter LLP’s white-collar practice is contained within the wider litigation group, enabling access to an abundance of large corporate clients from the healthcare, financial and consumer products worlds. The white-collar team acts for a mix of individuals and companies, advising on such matters as government contracts, national security, tax, corporate law, and environmental law. The firm’s preeminence in antitrust is also advantageous. Its deep bench of experienced trial lawyers is utilized where necessary; it includes Marcus Asner, who has recently been representing a Fortune 500 company in an FCPA investigation involving activities in over fifteen countries. Previous highlights included acting for a South African financial institution in an FCPA investigation involving alleged bribery in a tender to provide payment services to South African social grant beneficiaries, and representing an IT company in a False Claims Act investigation. Another stalwart of the team is Craig Stewart, who is experienced in criminal appeals as well as white-collar defense. Both aforementioned are based in New York, while the Washington DC group includes Baruch Weiss.

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United States: Media, technology and telecoms

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

Arnold & Porter LLP’s Washington DC group, led by Patrick Grant and recently appointed co-head Maureen Jeffreys, combines litigation, transactional and regulatory expertise to advise wireline, cable and broadcast clients, notably assisting telecoms giant AT&T with strategic counseling, new ventures and regulatory issues. Peter Schildkraut and his team advise AT&T on Wireless Communications Services (WCS) spectrum regulatory issues and disputes. Grant, Jeffreys and Richard Rosen advised AT&T on regulatory aspects of its aborted $39m acquisition of T-Mobile USA, and Rosen and William Cook led a team that represented AT&T on a regulatory and antitrust review of its $1.93bn acquisition of wireless spectrum from Qualcomm. Jeffreys, Stephanie Phillipps, and former practice group head Norman Sinel worked with the firm’s FDA and healthcare groups to advise clients on emerging legal issues related to mobile health services. Other key strengths include advising various companies on online communications product development. Jeffreys and Sinel serve as legal counsel, on a pro bono basis, to the National Center for Research in Advanced Information and Digital Technologies - Digital Promise. Jeffreys and Phillipps prepared a report for Canadian telecom carrier TELUS on the regulation of vertical integration in the USA programming sector. Supported by practices in London and Brussels, as well as the firm’s national presence, the group’s antitrust and lobbying credentials are recognized by the market. Other key clients include Greater Washington Education Telecommunications Association (WETA), The Association of Public Television Stations and Crowley Technologies.

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United States: Mergers, acquisitions and buyouts

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

In December 2012, Arnold & Porter LLP’s former global chair of competition, William Baer, was confirmed as the antitrust chief at the US Department of Justice (DOJ), placing him in charge of the division that reviews mergers and prosecutes price-fixing cases. Despite Baer’s high-profile move, clients remain ‘very pleased’ with the firm’s service and say it is still ‘one of the best in the world for antitrust’. Benefiting from a ‘very deep bench’, the ‘extraordinarily strong US team’ is led by Deborah Feinstein, who is based in Washington DC and reaps praise from peers. Feinstein focuses on M&A matters, and conduct investigations, before the US Federal Trade Commission (FTC) and the DOJ, and she recently acted for Sony Corporation of America and Sony/ATV during its successful purchase of the music publishing business of EMI for $2.2bn. In New York, Robert Mason defends corporations in direct and indirect purchaser class actions and state attorney general actions, and Craig Stewart is recommended for white-collar criminal issues. Mason has handled a number of cases for Visa recently, and is representing the client in both a putative class action and individual suits, filed by a number of merchants, challenging the interchange fees set in the Visa (and MasterCard) systems as well as various rules relating to merchant conduct. Further noteworthy practitioners include California-based partners James Speyer, John Lombardo and Ronald Redcay, all of whom represented BP in three cases brought by franchisees, involving alleged vertical maximum price-fixing and tying arrangements. In Washington DC, recent promotions saw Sonia Kuester Pfaffenroth make partner, and Ryan Watts make counsel.

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Within M&A: middle-market ($500m-999m), tier 4

In January 2012, Arnold & Porter LLP and Howard Rice Nemerovski Canady Falk & Rabkin PC (Howard Rice) completed the combination of their two firms, the combination substantially expanding Arnold & Porter LLP’s West Coast presence and providing Howard Rice’s clients with national and international capabilities, and a broader range of services. The firm is especially known for its regulatory law expertise, with its corporate attorneys having in-depth knowledge of regulated industries, such as financial services and defense, and it has a long history of advising Latin American governments and ministries of finance in financial transactions, and related issues and undertakings. The practice advises US and international companies, and private equity and venture capital funds, in complex, domestic and cross-border merger, acquisition, and divestiture transactions, including public company mergers, strategic acquisitions and divestitures of private companies, and LBO deals, and the firm’s 100 corporate transactional lawyers work with colleagues in areas such as tax, financial institutions, antitrust, telecommunications, IP, real estate, employee benefits, government contracts, food and drug law, environmental law and bankruptcy. The team represented State Bancorp, a publicly traded company, in its acquisition by Valley National Bancorp, also a publicly traded company, in an all stock transaction; acted for Aurora Bank in its sale of substantially all of its assets in eight separately negotiated transactions; advised Japan-based Asahi Kasei Pharma Corporation in its acquisition of US-based Artisan Pharma, a drug maker that is focused on treating blood clotting disorders, the renamed company, Asahi Kasei Pharma America Corporation, serving as a base for the development and commercialization of ART-123, a human thrombomodulin, which is being developed for the treatment of disseminated intravascular coagulation in sepsis and deep vein thrombosis; and represented longstanding client, Apple Bank, in negotiating the assumption of approximately $3.3bn of deposits, and the acquisition of 30 branch office locations, from Emigrant Bank, the transaction being the largest deposit acquisition in the greater New York City area since 1995. Washington DC-based Kevin Lavin heads the corporate and securities practice; and Steven Kaplan, Andrew Varner and Paul Freshour are experienced attorneys. Washington DC and Northern Virginia-based Robert Ott, Edward Deibert, in San Francisco, San Francisco and Silicon Valley-based Ronald Star, New York-based Robert Azarow, David Berg, and Northern Virginia-based Steve Parker are also key contacts. In February 2013, Joshua Berick arrived in the New York office from Linklaters LLP, and in October 2012, senior counsel Richard Millard joined the corporate and securities practice in the San Francisco and Silicon Valley offices from DLA Piper. Berick has successfully handled a number of multibillion-dollar transactions for global companies that are known for their presence in the oil and gas, power, alternative energy and other infrastructure industries. Millard is well known in Northern California’s technology industry, and has represented numerous companies, boards, investors, investment banks and financial institutions in corporate transactions worldwide.

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United States: Real estate and construction

Within Real estate, tier 5

Michael Goodwin heads a 14-partner real estate team at Arnold & Porter LLP, across New York, Washington DC, Los Angeles and San Francisco. Its areas of expertise include joint ventures; protecting, structuring and enhancing the value of real estate owned by family businesses; corporate real estate; complex leasing transactions; and dispute resolution. Co-head of the New York practice Alan Lawrence recently acted for Brookfield Real Estate Financial Partners on a debt-for-equity settlement and the restructuring of the remaining US $2.3bn secured financing. Other clients include the JBG Companies, American Real Estate Partners, Wine Group, Metropolitan Life Insurance Company, and Five Mile Capital Partners. The firm’s merger with Howard Rice Nemerovski Canady Falk & Rabkin PC brought the addition of Thomas Larsen and Kenneth Naele in San Francisco.

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United States: Tax

Within Domestic tax: East Coast, tier 7

Arnold & Porter LLP’s Washington DC-based tax practice is led by Joseph Howe. The firm represents a diverse client base in federal, state, local and international tax matters. Particular strength lies in the firm’s experience representing not-for-profit organizations, regularly serving as outside counsel to charities and education groups. Another core area is the formation and operation of public and private REITs, and Howe led the firm’s advice to Health Care REIT, in connection with the $930m joint venture with Chartwell Seniors Housing REIT that acquired more than 8,000 Canadian senior housing suites. James Joseph and Anne O’Brien are also recommended.

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Latin America: International firms

Within Banking and finance, Arnold & Porter LLP is a third tier firm,

Arnold & Porter LLP has a long history of working with Latin American sovereign states and corporate borrowers and sponsors. Much of the recent focus has been on bilateral and syndicated loans, most notably in Brazil. The Latin America team has also been active in the regulatory environment, particularly matters involving US financial institutions regulation. The firm has counseled supraregional Panamanian bank Banco Latinoamericano de Comercio Exterior (Bladex) in connection with all US bank regulatory aspects of its banking operations, including its inaugural offshore investment fund and US investment manager. Previously the firm had advised Banco do Brasil on its acquisition of Florida-based EuroBank. The firm remains active in the sovereign and sub-sovereign space, especially in Brazil. In September 2012, it represented the State of Mato Grosso in Brazil in connection with a $478m credit and guarantee agreement with Bank of America. Later in the year it advised the State of Santa Catarina on a $726m loan from Bank of America. Washington DC partner Eli Whitney Debevoise, a regular adviser of sovereign entities, led on both deals. He also recently advised the Republic of Panama on a series of credit facilities with an aggregate value of $582m to finance the Panama metro project. Washington DC’s Gregory Harrington is another integral member of the practice and is an ‘excellent lawyer with a special ability to anticipate problems and solve them’. New York’s Juan Manuel Trujillo provides ‘straight-to-the-point advice’, and is praised for his ‘availability’, ‘practical business approach’ and ‘excellent response times’. Neil Goodman and Raul Herrera in Washington DC are also recommended, as is experienced counsel Stephen Double in New York. The broader team provides an ‘excellent service’, a ‘very good approach’, ‘short time responses’, and has ‘proven expertise in a wide variety of issues’. Since publication, Juan Manuel Trujillo has left for Bingham McCutchen.

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Within Capital markets, tier 4

Arnold & Porter LLP has a strong sovereign issuer focused practice having operated in this segment since the 1970s and maintains an intense focus on the Latin America region. It continues to represent a number of major sovereign issuers such as Brazil, with which it has a 25-year relationship, as well as Panama, Colombia and El Salvador. It has also added a number of new sovereign governments to its client list. In March 2013, a team led by Washington DC partner Eli Whitney Debevoise represented the Republic of Honduras on its inaugural $500m international bond issuance. In addition, it advises a series of major sub-sovereigns, most notably in Brazil. In 2012, the firm represented the State of Mato Grosso in Brazil on its $478m private market loan. Other major deals include advising the Federal Republic of Brazil on two SEC-registered global bond issuances valued at approximately $3bn. Washington DC partner Mark Stumpf represented the Republic of Colombia on two bond offerings (in September 2012 and January 2013) with an aggregate value of $1.55bn. Clients regard the practice as ‘extremely user friendly’ and ‘commercial’ and praise its ‘innovation’, ‘outstanding record of commitment’, ‘smooth execution processes’, ‘excellent grasp of technical issues’, ‘impressive turnaround and speed’, and its ‘first-class relations with governments’. On the latter point, the firm has a ‘broad understanding of international legal and policy frameworks’. Clients also commend the ‘strong associate team’, which has the requisite ‘language skills’. Seasoned New York figure Stephen Double is ‘one of the top three in the sector’, according to one client who highlights his ability on debt financing transactions that require ‘structure and innovation’. Other big names in the department include Washington DC partners Neil Goodman, Gregory Harrington and Panamanian national Raul Herrera, who was formerly general counsel for the Inter-American Investment Corporation.

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Latin America: International firms: International arbitration

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

Currently representing Chile, Colombia, Costa Rica, the Dominican Republic, Guatemala and Panama, Arnold & Porter LLP has obtained a remarkable tally of 16 successive sovereign-side ICISD victories since 2000. In addition to working on the side of the state, the firm also undertakes investor-side representations and commercial cases. With a team of 32 lawyers (nine partners), ‘many of them bilingual and trained in both common and civil law traditions’, the firm has ‘very much pinned its flag to the Latin American mast’. ‘It simply provides quality legal services’, comments one client, ‘it’s extremely professional in all aspects: from strategy to service to billing’. On the state side, the team recently concluded a comprehensive victory on behalf of respondent Panama against Nations Energy; and also represented Guatemala in a $65m claim (filed under CAFTA-DR), brought by the Railroad Development Corporation. In its June 2012 award, the tribunal dismissed the majority of the claims, upholding liability only on grounds of CAFTA’s ‘minimum standard of treatment’ obligation; a largely favourable supplementation and rectification decision was issued in January 2013. The team was also retained recently by Costa Rica for its $350m ICSID case against Supervisión y Control. Other sovereign matters included the conclusion of its defence of the Dominican Republic in a sizeable ICC case; representing Colombia in a $17bn suit filed by Sea Search Armada, now in the appellate phase; and handling the final annulment stages of the Chile v Victor Pey case, obtaining the cancellation of a $10m award originally made in 2008. Current investor-side mandates include a pair of cases on behalf of EDF International et al ($1.4bn and $260m respectively), and another on behalf of Daimler Financial Services, all against Argentina. Since bringing his team over from Winston & Strawn LLP, Paolo Di Rosa has developed what is ‘undoubtedly one of the leading state-side international arbitration practices’. Di Rosa is ‘a real Latin American specialist’ with ‘the experience and intelligence to deliver’. ‘Capable and diligentGaela Gehring Flores is ‘gaining profile’ in the region. Previously responsible for much of the firm’s Venezuelan caseload, Flores is currently dealing with a series of Dominican Republic cases. Corporate and securities specialist Raul Herrera is increasingly involved in arbitral matters; and associate José Antonio Rivas, a former Director of Foreign Investment at Colombia’s trade ministry, is also noted. Patricio Grané has left for Volterra Fietta, but the team can call on a ‘wealth of experienced practitioners’, most notably Jean Kalicki and Eli Whitney Debevoise.

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Legal Developments by:
Arnold & Porter LLP

  • The role of arbitrators in EU antitrust law

    In May 2014, it will be ten years since Regulation No 1/2003 entered into force. When the legislator of the European Union adopted this Regulation on 16 December 2002, its main objective was to decentralise the enforcement of the two main provisions of EU antitrust law, Articles 81 and 82 of the Treaty establishing the European Community (now Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU)). Where do the arbitrators fit in this picture?

    - Arnold & Porter (UK) LLP

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