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

Recommendations

  • United States: Mergers, acquisitions and buyouts > Antitrust
  • 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’s key strength lies in advising sovereigns in significant debt offerings. The firm has a strong track record acting for the governments of states in Latin America, with recent highlights including its instruction by the Federal Republic of Brazil in two separate SEC-registered, global bond issuances with an aggregate value of $4.05bn; Washington DC-based Whitney Debevoise and Gregory Harrington were the key partners in the deal. The State of Israel instructed the firm in connection with its SEC-registered offering of $1bn 3.5% bonds due 2023 and $1bn 4.5% bonds due 2043, where Steven Tepper in New York led the work. The firm also worked extensively for the Republic of Turkey, advising on five separate bond offerings.

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Within Corporate restructuring (including bankruptcy), tier 6

At Arnold & Porter LLP, Washington DC-based Michael Bernstein chairs a 16-partner group that includes New York bankruptcy head Michael Canning and Lisa Hill Fenning, who leads the California practice. The firm acts for debtors, creditors, investors, broker-dealers and other parties in a wide range of restructuring, bankruptcy litigation and distressed M&A matters. Most notably, the firm is acting as co-counsel to the Police and Fire Retirement System of the City of Detroit and the General Retirement System of the City of Detroit in the city’s Chapter 9 case. Rosa Evergreen recently made partner.

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

Arnold & Porter LLP’s 16-partner team represents financial services clients across an array of matters including enforcement/congressional investigations, securities actions and antitrust litigation. Howard Cayne handles litigation and regulatory proceedings for financial institutions and individuals, and is currently representing the FHFA in a broad range of litigation in state and federal courts. The recent arrival of San Francisco based Peter Obstler from Bingham McCutchen LLP strengthened the firm’s already strong consumer finance litigation offering; Obstler is representing J.P. Morgan in 35 consumer class actions involving home mortgage consumer lending practices. Michael Mierzewski is defending Visa in various antitrust cases, including class actions challenging its interchange rate setting practices. Another area of strength for the firm is federal pre-emption work, with most of it handled from its West Coast offices. Although the firm is not as visible in RMBS litigation as many of its peers, it is representing Bank of America in multiple cases arising out of its underwriting, sponsorship and servicing of mortgage loans and MBS. New York based Pamela Miller is involved in this litigation, and is a key member of the team, which also includes the ‘excellent’ Laurence Hutt, Charles Berry, Stewart Aaron and David Bergman.

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

Based in Washington DC and aided by resources in New York, San Francisco and Los Angeles, Arnold & Porter LLP’s ‘very strong’ 16-partner practice handles a mix of compliance and consulting, transactional, enforcement and policy/legislative work for clients across the financial services industry. With a number of partners with significant governmental experience in its ranks, the team has excellent insight into the regulators’ mindset; noted for his ‘creative solutions’, Patrick Doyle benefits from such agency experience, and regularly assists clients on issues arising under the Dodd-Frank Act. Doyle has handled a raft of regulatory and government relations work for State Farm Mutual Insurance Company, particularly in relation to the federal banking agencies’ proposal to implement the Basel III and Dodd-Frank Act mandated capital rules and the application of those proposals to insurance companies. Both Doyle and New York based Kevin Barnard have also been active advising major diversified financial services firm TIAA-CREF on compliance and strategic considerations in light of Dodd-Frank. Team head David Freeman is ‘excellent’ at handling matters at the intersection of securities and banking, and recently acted for First Republic Bank on its $125m acquisition of Luminous Capital, as well as advising the bank and its broker-dealer subsidiary on ongoing regulatory compliance matters. Other recommended partners include managing partner Richard Alexander, Robert Azarow, for financial services M&A; Michael Mierzewski, for consumer finance; and Charles Landgraf, for insurance regulatory work. Clients include Apple Bank, Banco do Brasil and Nordea Bank.

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United States: Industry focus

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

Arnold & Porter LLP is a clear heavyweight in environmental litigation, covering climate change and sustainability as well as more traditional areas such as contaminated land, toxic tort and hazardous waste. The firm acts as overall environmental counsel to Honeywell International, and in 2013 handled a range of work for the manufacturer relating to legacy operations, federal and state litigation, and transactional issues. It continues to act as primary environmental counsel to BP in the Deepwater Horizon litigation, defending CWA enforcement actions and Natural Resource Damages claims. In other work for BP, it is lead counsel in a civil enforcement action in California brought by the Attorney General concerning hazardous waste storage and the operation of underground tanks across 41 sites in the state. The firm also serves as national counsel to The Mosaic Company, and recently won a challenge to new federal regulations concerning nutrient standards in Florida’s water. The highly rated Lester Sotsky heads the environmental group. Thomas Milch is known for Natural Resource Damages work, and Joel Gross is an accomplished CWA specialist. All three are based in Washington DC.

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

In August 2013, Arnold & Porter LLP bolstered its already significant enforcement capabilities with the hire of counsel Marilyn May from the United States Attorneys’ Office, where she headed a branch of its healthcare fraud division. The group’s credentials are demonstrated by its filing of several Amicus briefs on behalf of Pharmaceutical Research and Manufacturers of America (PhRMA) – including Kaiser Foundation Health Plan v Pfizer where it argued that the test for whether client Pfizer’s promotional claims for clinical trial tests should rest on whether they were in fact false or fraudulent, and should not rely on the FDA’s benchmark. It has also achieved numerous successful summary judgments for a range of major pharmaceutical companies, including three within four years for Boston Scientific. Daniel Kracov heads the team, which includes Diane Bieri, formerly general counsel at PhRMA, IP litigator Matthew Wolf and Vernessa Pollard, a former associate chief counsel at the FDA. All lawyers named are based in Washington DC.

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

Arnold & Porter LLP’s Washington DC-based sports practice exclusively focuses on issues pertaining to copyright or media and communications, whether contentious or non-contentious. The client roster is largely drawn from professional and collegiate sports leagues but also includes motion picture studios, broadcast and cable networks as well as other companies in the entertainment industry. For example, the practice is representing Joint Sports Claimants, a consortium comprising leading sports leagues and associations, in multiple copyright royalty proceedings against cable operators and satellite carriers before the Copyright Royalty Board. The team attracts a substantial flow of work from anchor client MLB, which it continues to assist with various issues pertaining to the telecasting of games via traditional and new media. Recent highlights include representing MLB in a high-profile copyright litigation involving internet broadcasting. Practice head Robert Garrett has a strong background in copyright and telecoms matters. Counsel Stephen Marsh is another name to note.

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United States: Intellectual property

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

Arnold & Porter LLP’s copyright practice is best known for advising sports leagues and media and entertainment companies on litigation as well as non-contentious matters such as the distribution of copyrighted works on broadcasting services. Robert Garrett and Ronald Johnston successfully represented NBC, Disney Enterprises and CBS in bringing copyright violation claims against online streaming service FilmOnX in a closely watched case affecting the TV and internet broadcasting industries. Garrett had previously represented TV content owners and broadcasters in winning a case against pay TV service Ivi, with the Supreme Court recently denying a request by the opponent to review the case. He also acts for sports leagues and associations in copyright royalty rate proceedings from televised sporting events and recently filed an amicus brief on behalf of the MPAA in the appeal hearing of Sony BMG v Tenenbaum.

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Within Patent litigation: full coverage, tier 5

Arnold & Porter LLP combines its technical and trial expertise on patent litigation matters across the life sciences and hi-tech sectors. IP practice co-chair Matthew Wolf, based in Washington DC, is lead patent trial counsel on its biggest cases. San Francisco-based Michael Berta has experience in ITC and trial litigation. Recent highlights include prevailing for Boston Scientific in coronary stent-related patent litigation, with appeals affirming favorable rulings in Cordis v Boston Scientific and Wyeth v Abbott, while litigation against OrbusNeich Medical recently settled. The practice also obtained summary judgment for the defendant in Enzo Biochem v Amersham, and has been representing GE/SightSound Technologies in bringing a case against Apple regarding patent claims related to the iTunes platform. It has also acted for Hewlett-Packard, Adobe, Google and Barnes & Noble as defendant in a number of patent infringement cases.

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Within Patent prosecution: utility and design patents, tier 5

Particularly noted for its work in the life sciences industry, Arnold & Porter LLP’s practice covers strategic advice, patent opinions, prosecution and portfolio management. David Marsh and litigator Matthew Wolf co-head the practice from Washington DC. Marsh focuses on advising clients within biotechnology, consumer products and medical devices, while Wolf focuses on the areas of medical and biomedical technology and computer hardware, software and networking. Silicon Valley-based Ginger Dreger and Kristan Lansbery are also highly respected. The firm’s client roster includes Genentech, Monsanto and Sapphire Energy.

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

Arnold & Porter LLP has lead trial lawyer Louis Ederer in its New York office, who is particularly experienced in handling contentious trademark matters in the luxury goods and apparel sector industries. A recent highlight was defending Amazon against trademark claims brought by Apple regarding rights to the App Store term, which was concluded when Apple requested its claims be dismissed. San Francisco-based litigator Martin Glick led on this and has also been involved in representing Clorox in litigation regarding its Pine-Sol mark against competitor Industrias Alen as well as obtaining favorable judgment on behalf of Sweet People Apparel’s Miss Me Label, with a permanent injunction against counterfeit websites using the Miss Me trademark. The practice settled for defendant Pabst Brewing Company in a dispute brought by a former licensee for the Rheingold beer brand and is counsel to Philip Morris in counterfeit and gray market goods matters. Other key clients include Bottega Veneta, Swarovski, Bulgari and Rock Revival Jeans.

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United States: Litigation

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

Paolo di Rosa’s team at Arnold & Porter LLP maintains its historical strength in sovereign representation and Latin America related work, and its prolific track record now includes 18 consecutive positive rulings for sovereign states at ICSID. The practice has successfully expanded to cover commercial disputes and claimant-side mandates since di Rosa took over the reins in 2007, and now includes more than 40 attorneys whose main focus is on international arbitration matters. The practice stands out for its ‘deep knowledge of the electricity sector’, with recent work including representing the government of Hungary in a $700m ICSID case against Belgian company Electrabel under the Energy Charter Treaty, led by Jean Kalicki. On the claimant side, di Rosa and Lawrence Schneider are acting for Turkish electricity company Karkey Karadeniz Elektrik Uretim in a high-value ICSID dispute regarding its investment in a rental power project in Pakistan. In another high-profile matter, the team is representing the government of South Korea, a new client, in a $4.4bn claim brought by a subsidiary of private equity fund Lone Star over alleged regulatory obstruction by the Korean banking authorities; Di Rosa and Kalocki are leading on the case, which is the first investment treaty arbitration ever filed against the country. Other client wins included the Slovak Republic, which the team is defending in an investment treaty claim brought by a Dutch subsidiary of Steel Corporation over tariffs applied to electricity production. Patricio Grané is now with Volterra Fietta in London. The individuals named are all based in Washington DC.

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

At Arnold & Porter LLP, Lawrence Schneider heads a nine-partner team in Washington DC which has decades of experience in trade remedy cases, attracts instructions from corporations across the full range of US industry groups, and is able to draw on the expertise of former senior US government officials. While new instructions on CFIUS and import cases have slowed down in recent years, the team has seen an uptick in export control work. John Barker is currently advising BAE Systems on export compliance matters regarding the implementation of a consent agreement with the US Department of State. On the import side, Michael Shor successfully represented Indonesian paper producer Tjiwi Kimia in an ITC sunset review of anti-dumping and countervailing duty orders against paper supplies from Indonesia. Schneider and Shor regularly advise the government of Israel, a longstanding client of the firm, on international trade, customs, and related legislation. The team also continues to assist the Province of Alberta on issues arising under the 2006 Softwood Lumber Agreement between the US and Canada and in three arbitration proceedings in the London Court of International Arbitration. Former US government legal adviser John Bellinger focuses on export control and economic sanctions matters. Jeffrey Smith is also recommended.

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Within Product liability and mass tort defense: aerospace/aviation,

The Houston-based team at Hogan Lovells is noted for its extensive expertise trying aviation matters at all levels, and has significant experience handling cases relating to accidents that occurred outside the US. The firm recently acted extensively for long-standing client The Airbus Group in a range of personal injury and wrongful death actions; the firm has recently been representing it in litigation filed against it and Aero Union in Hidalgo County, Texas, arising from the 2010 crash of an Airbus A310 freight aircraft in Monterrey, Mexico. It is also defending The Airbus Group in multi-district litigation arising from the 2009 crash involving Air France Flight 447. The ‘excellent’ Bruce Oakley is noted for his excellent skill in the cross-examination of expert witnesses. Other clients include Vector Aerospace and Allianz Global Corporate & Specialty. The team suffered a serious blow in January 2014 with the departure of Thad Dameris who joins Arnold & Porter LLP’s newly established Houston team. Christopher Odell left to join Arnold & Porter LLP.

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

The ‘outstandingArnold & Porter LLP has a number of ‘sound strategists’ handling consumer product safety litigation. Industry giant Philip Morris USA entrusts the group as national counsel in product liability and consumer fraud cases, and its status in the market is further evidenced through its recent work defending its parent company, Altria Group, in ‘light cigarettes’ litigation, as well as the firm’s continued involvement in the Engle progeny suits. The group has particular expertise representing food, beverage, and dietary supplement companies, and its impressive track record for Proposition 65 matters has seen it represent manufacturers, retailers, growers, restaurants, and trade associations active across various industries. San Francisco-based Trenton Norris is noted for his ‘keen, analytical mind’ and leads the firm’s work in the aforementioned field; he has recently represented an impressive array of clients, including General Mills, Kellogg’s and Post Foods in actions filed in the Los Angeles Superior Court. A complementary strength is the firm’s longstanding expertise in FDA-related matters, a recent example was San Francisco-based Angel Garganta’s defense of Dannon in a nationwide purported class action alleging that its Activia yogurt did not meet the FDA’s Standards of Identity; the case, filed in the Southern District of New York, was dismissed with prejudice. Practice co-chair Eric Rubel leads the firm’s Consumer Product Safety Commission practice from Washington DC. New York-based fellow co-chair Anand Agneshwar is also recommended.

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Within Product liability and mass tort defense: pharmaceuticals and medical devices, Arnold & Porter LLP is a third tier firm,

Arnold & Porter LLP’s practice is headed by New York-based Anand Agneshwar and Washington DC-based Eric Rubel. Recent highlights include serving as national counsel to Bristol-Myers Squibb and Sanofi in Plavix litigation in courts across the US; the defendants achieved dismissals in the majority of the cases filed in the District of New Jersey, with the court granting summary judgments in the remaining six cases. The firm is also acting for the same clients in sales and marketing litigation concerning Plavix, and has been instructed as national counsel for Sanofi in Thalidomide litigation, which is at the discovery stage. Hologic is also a key client.

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

Anand Agneshwar and Eric Rubel co-head the team at Arnold & Porter LLP from New York and Washington DC respectively. For longstanding client ARCO, the firm is acting in a number of lead pigment cases, including ongoing case County of Santa Clara, et al v Atlantic Richfield Company, et al, and a case which involves personal injury claims filed by 170 plaintiffs in Wisconsin currently on appeal before the Seventh Circuit, following a ruling for the defendant in 2010. The firm acts for Honeywell in numerous toxic tort cases; for example, Lester Sotsky served as lead counsel in a case concerning exposure to PCBs in a class action relating to groundwater contamination, and the firm is currently advising the client in Smith et al v Honeywell et al, where plaintiffs are seeking to certify a medical monitoring class and a property damage class. BP is also a client. Nancy Milburn is also recommended, alongside Philip Curtis, a ‘leader in this area’ who is ‘very strong on legal strategy’; both are based in New York.

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Within Securities: shareholder litigation, tier 5

Veronica Rendon in New York and Michael Trager in Washington DC co-chair the securities enforcement and litigation practice at Arnold & Porter LLP, which is known for its ‘premier banking regulatory group’. Washington DC-based Scott Schreiber, who leads the securities class action and derivative litigation team, advised The Kroger Company in matters arising from its $2.5bn acquisition of Harris Teeter. Gilbert Serota in San Francisco represented Charles Schwab in a FINRA enforcement case. The firm’s lawyers are ‘known as fighters who will take cases to trial’, and represent many hedge funds and private equity firms, and big accounting firms including Deloitte. American Capital, Wells Fargo and Motorola Solutions are also clients.

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

Arnold & Porter LLP’s Lisa Blatt has a tremendous win ratio before the Court, having won 32 out of the 33 cases she has argued to date. In 2013, Blatt acted on behalf of the adoptive couple in pro bono matter Adoptive Couple v Baby Girl in which the firm acted in the Supreme Courts of both South Carolina and Oklahoma and defeated emergency relief sought in the Supreme Court. On September 23, Baby Girl was reunited with her adoptive parents. In another significant matter Blatt represented Oklahoma state officials in Tarrant Regional Water District v Herrmann in which the firm obtained a unanimous victory for Oklahoma regarding the meaning of the Red River Compact, an interstate water-sharing compact between Oklahoma, Texas, Arkansas, and Louisiana. The firm’s appeals practice is nationwide as illustrated by its winning a slew of real estate tax exemption appeals on behalf of the Federal Housing Finance Agency, with appeals currently pending in the First, Third, Fourth, Sixth, Seventh, Eighth, Ninth, Eleventh, and DC Circuits; in another set of actions for the same client victories were obtained before the Second, Ninth, and Eleventh Circuits, with the court agreeing the client acted within its powers in not purchasing certain mortgages. Other appellate clients include GlaxoSmithKline and J.P. Morgan Securities. Anthony Franze, who is now senior counsel, is ‘a superb advocate’; Jerome Falk, who is now senior counsel, is also highly recommended. All named attorneys are based in Washington DC.

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Within White-collar criminal defense, tier 6

Arnold & Porter LLP’s roots in Washington DC means it often represents government contractors in fraud and conspiracy cases, though it also has significant resources in New York. The firm adopts a multi-disciplinary approach, which sees the white-collar team working in conjunction with partners across the FDA and healthcare, government contracts and financial services groups. Its established reputation in both civil and criminal antitrust means that it continues to attract mandates in highly publicized cases such as the DOJ’s sprawling investigation into the auto-parts industry; within this space, department head John Nassikas and James Cooper are currently acting for various automobile part manufacturers. Individual clients include a physician, who Kirk Ogrosky is representing in a high-profile political scandal being investigated by various agencies including the FBI into alleged healthcare fraud and public integrity issues. Other key partners include criminal immigration enforcement expert Baruch Weiss and, in the New York office, Marcus Asner, who is representing an international company in an investigation by US and foreign authorities into operations in several countries across the Middle East, Europe, Asia and Central America.

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United States: Media, technology and telecoms

Within Technology: data protection and privacy, Arnold & Porter LLP is a third tier firm,

Arnold & Porter LLP is often called upon to defend clients in consumer class actions involving data breaches, privacy and Fair Credit Reporting Act (FCRA) claims. The Washington DC-based group benefits from the firm’s national and international presence and its strength in healthcare and financial services. Kenneth Chernof is defending SAIC in a class action concerning the theft of back-up tapes containing health records. Ronald Lee handles national security and electronic surveillance matters and advises corporates on privacy policy and cross-border compliance. Nancy Perkins is recognized for her expertise in regulatory matters. Key issues include compliance with telemarketing laws and regulations and online privacy.

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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 Maureen Jeffreys, combines litigation, transactional and regulatory expertise to advise wireline, cable and broadcast clients. Supported by practices in London and Brussels, as well as other international offices when required, the group’s antitrust and lobbying credentials are well-recognized by the market. For key client AT&T, the group advised on the regulatory and antitrust review of its $1.3bn acquisition of Leap, and is currently assisting it with the regulatory and antitrust review of its $780m acquisition of Atlantic Tele-Network’s US retail wireless operations as well as handling the regulatory review of its acquisition of 700 MHz B band spectrum from Verizon Wireless for $1.9bn in cash and a contribution of AWS spectrum licenses. Other instructions came from Goodman Networks, for advice on the regulatory aspects of its merger with Multiband Corporation. Richard Rosen, William Cook and Peter Schildkraut are other key names to note.

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United States: Mergers, acquisitions and buyouts

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

Arnold & Porter LLP’s former practice head Deborah Feinstein was appointed as director of the Bureau of Competition at the FTC in July 2013; she is the second key partner to move to a government position recently, after William Baer became antitrust chief at the DOJ in December 2012. The firm’s antitrust practice remains ‘fabulous’, and continues to represent clients from a variety of industries across M&A transactions, government investigations and private litigation. New practice head Jonathan Gleklen advised GE on the $4.3bn acquisition of Avio’s aviation business and also on the formation of Caradigm, a joint venture with Microsoft for healthcare IT. In New York, Robert Mason continues to represent Visa in a putative class action and in individual suits by merchants, challenging the client’s (and MasterCard’s) default interchange fees. California team head James Speyer is defending BP in ongoing franchisee class action litigation. On the cartel side, the practice has a major role in the auto parts investigation, representing Yamashita Rubber in connection with the anti-vibration rubber products case, Fujikura in the automobile wire harness litigation, and Koito in the automotive lighting products litigation. Other noteworthy practitioners include Michael Bernstein, who advised Kroger on the $2.5bn acquisition of Harris Teeter; and Richard Rosen, who assisted Cisco Systems in its multibillion-dollar acquisitions of NDS, Meraki and Sourcefire. Except for Mason and Speyer, the attorneys named are based in Washington DC.

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Within M&A: middle-market (sub-$500m), Arnold & Porter LLP is a first tier firm,

Arnold & Porter LLP is noted for its work on large and complex transactions, often in regulated industries, and for its representation of private equity firms in middle-market M&A deals. The firm’s long history at the center of international affairs in Washington DC has led to the development of a strong internationally focused transactions practice, with particular strength in Latin America. The team acted for Integrated Mission Solutions (a DC Capital Partners affiliate) on its $396.9m acquisition of Michael Baker Corporation, a provider of architecture, engineering and construction services for public and private sector clients worldwide. It also serves as primary outside counsel to The Halifax Group, a middle-market private equity fund based in Washington DC which has a historical affiliation with TPG and Colony Capital, most recently acting for it on its acquisition from Express Scripts of Envision Pharma, a UK-based medical and scientific communications company, and other US and UK subsidiaries. Other key deals included advising PMI Mortgage Insurance, in rehabilitation, on definitive agreements with Arch Capital Group for its US-based subsidiary, Arch US MI Holdings, to acquire CMG Mortgage Insurance Company and CMG Mortgage Assurance Company from PMI and CMFG Life Insurance Company; and acting for American Capital, a private equity firm based in Washington DC and a longstanding corporate transactional client, on the $139.5m sale of Pan Am Holdings and its subsidiaries, including Pan Am International Flight Academy, to ANA Group of Japan. Washington DC-based practice head Kevin Lavin and New York corporate practice head Robert Azarow are recommended along with David Berg and Stephanie Nygard in New York; San Francisco and Silicon Valley-based Ronald Star; Washington DC-based Andrew Varner, Robert Ott, Steven Kaplan and Paul Freshour; and Edward Deibert, Teresa Johnson and Stephanie Coutu in San Francisco. Joshua Berick joined in New York from Linklaters LLP, and has broad experience across domestic and cross-border transactions, with a focus on energy, infrastructure, and private equity clients. Other arrivals include Richard Millard, who joined from DLA Piper as senior counsel in the San Francisco office; and senior counsel James Walther in Los Angeles, from Mayer Brown.

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United States: Real estate and construction

Within Real estate, tier 5

Arnold & Porter LLP’s ‘preeminent’ department has 15 partners and is led by the ‘client-focused’ Michael Goodwin in Washington DC. It represents a range of owners and developers as well as institutional lenders and has ‘excellent experience on transactional matters’. It advised Property Group Partners on the acquisition of 2.2m square feet of air rights over an interstate highway in downtown DC, relating to a high-profile project that will link Capitol Hill to downtown at grade level. It also advised Gould Property Company on forming a venture with Oxford Property Group for the development of 900 New York Avenue NW in Washington DC. Other clients include Vornado Realty Trust, Host Hotels & Resorts and American Real Estate Partners. Based across the New York, Los Angeles, San Francisco and Washington DC offices, key team members include the ‘first-rate’ Alan Lawrence, John Busillo, Thomas Larsen and James Richman.

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United States: Tax

Within Domestic tax: East Coast, tier 7

Arnold & Porter LLP fields 30 lawyers in Washington DC advising a diverse client base on a range of tax matters, with strength in the formation and operation of public and private REITs. The team has also developed considerable experience advising not-for-profit organizations on complex tax, governance and operational matters. Joseph Howe and Thomas Richardson co-head the practice. Work highlights included advising the McArthur Glen Group on a €435m joint venture for European designer outlets with Simon Property Group, the largest mall owner in the US. Bridget Weiss was promoted to partner in February 2013.

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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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Further information on Arnold & Porter LLP

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Belgium

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Latin America: International firms

London

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United States

Offices in San Francisco, New York, Los Angeles, Denver, Washington DC, Palo Alto, and Houston

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

Legal Developments worldwide

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  • SQUEEZE-OUT RIGHT IN PUBLIC COMPANIES -- TURKEY

    Squeeze-out and sell-out rights in Turkish public companies are regulated by the Communiqué on Squeeze-Out and Sell-Out Rights (the " Communiqué ") published in the Official Gazette dated 2 January 2014 effective as of 1 July 2014. The Communiqué was issued by the Capital Markets Board of Turkey (the " CMB ") in accordance with the Capital Markets Law and regulates the right to squeeze-out minority shareholders by the controlling shareholder and the minority shareholders' rights to exit the public company by selling their shares to the majority shareholder.
    - Paksoy
  • Financial Services and Regulatory Summer Update 2014

    The aim of this Update is to focus on current legal and regulatory developments affecting financial services institutions in Jersey and to provide some brief thoughts on the implications of these developments for your business. In this Update, we look at current consultations on civil penalties and changes to the Money Laundering Order. Our Spotlight article considers changes to the tipping-off rules which are coming into effect shortly.   Read more...
  • Integration of US and Europe Energy Markets: TTIP and Global Energy Trading Projection

    Shale gas revolution has been driving US energy market by increasing economic and industrial competitiveness. Today, shale gas has gained acceptance as "bonanza" which triggered slump in gas prices and sparked off widening the energy gap between US and Europe. US gas export is forecasted to bemounted up 6 billion cubic feet per day signifying UK's daily demand in winter as of 2020. At this stage, a potential oil and gas trade between US and EU will become an inevitable pace for world energy supply-demand balance.
  • Transatlantic Trade and Investment Partnership: How should Turkey Cope with the Changing Dynamics?

    The free trade agreement, known with its acronym TTIP , currently being negotiated between the United States and the European Union is expected to have immense legal implications as well as commercial ones for the signatories. The numbers are self explanatory; two blocks when combined together produces almost half the world's GDP and around one third of the total world trade. The bilateral trade across the Atlantic has already exceeded USD 3.7 trillion. For these two economic giants to sign such a deal mean a monumental shift in world economic balances. As the United States and the European Union are expected to benefit significantly from such shift, the countries that will be left out will have to face a new legal regime that would cover the entire jurisdiction producing half of the world's GDP.
  • Bright Future Of Solar Power Market In Turkey

    In recent years renewable energy market development became primary energy strategy of Turkish government with the intention of improving energy efficiency and decreasing energy import dependency. Particularly, solar power seems as fundamental resource  of electricity generation in the near future. In terms of insolation Turkey possesses high potential among European countries.
  • LITIGATION AND DISPUTE RESOLUTION

    Certain important and recent case laws in this area are set out below.
  • PROJECTS, ENERGY & NATURAL RESOURCES

    Certain important legal developments in this area are set out below.
  • Real Estate/ Property

    Certain important and recent case laws in this area are set out below.
  • TECHNOLOGY, MEDIA & BROADCASTING TELECOMMUNICATIONS

    Certain important legal developments in this area are set out below.
  • Trade Laws and WTO Matters

    The recent developments pertaining to anti-dumping duties are as follows: