The Legal 500

Baker Botts L.L.P.

ONE SHELL PLAZA, 910 LOUISIANA STREET, HOUSTON, TEXAS 77002-4995
Tel:
Work +1 713 229 1234
Fax:
Fax +1 713 229 1522
Web:
www.bakerbotts.com

What we say about the firm's legal practice in US

Finance

Within Bank lending: South,

Baker Botts, L.L.P.

PRACTICE: With 15 partners dispersed across its Dallas, Houston and Austin offices, Baker Botts, L.L.P.’s bank lending group ‘has a very deep bench from which to draw’ and is a mainstay of the southeastern legal market. With a less balanced client portfolio than its higher-rated competitors, its primary focus lies in relation to the ‘very efficient and cost-effective service’ it provides to borrowers, particularly those operating in the energy sector.

Active across the range of financing activities, from syndicated credit facilities and asset-based loans to mezzanine and high-yield transactions, the team recently advised Encore Acquisition on two separate $1.25bn syndicated revolving credit facilties. Other recent highlights include advising independent oil and gas company, Mariner Energy,
on two $1bn syndicated revolving credit facilities.


CLIENTS: Clients include Transocean, Exterran Holdings, Hercules Offshore, Encore Acquisition, Mariner Energy, Halliburton, Valero Energy and Dell.

INDIVIDUALS: ‘Responsive, professional and knowledgeable’, say clients, Houston-based partner Bill Hart is particularly strong in relation to energy financings, where his clients include both lenders and borrowers.

Austin-based partner William Stutts is ‘excellent for both structured finance and traditional finance’, say clients. Also recommended is ‘the outstanding’ Dallas-based Roderick Goyne, who serves as the head of the finance section of the firm’s corporate department.

Within Bankruptcy: Southwest,

Baker Botts, L.L.P.

PRACTICE: Baker Botts, L.L.P.’s bankruptcy and restructuring practice numbers 13 partners, ten based in the Dallas office and three in Houston. It has acted in numerous high-value Chapter 11 assignments as well as tricky out-of-court reorganizations. The economic downturn has produced a large number of credit-side instructions from private equity investors and secured lenders.

In a long-running and high-profile assignment, the practice has represented ASARCO, the leading copper and non-ferrous metal producer, in Chapter 11 proceedings which commenced in April 2005. Among the many issues which have to be reconciled are over 74,000 asbestos-related personal injury claims, and allegations of fraudulent transfer of a majority interest in the company by its parent corporation. In September 2008 the US Bankruptcy Court tentatively approved two competing plans for the Chapter 11 reorganization.

CLIENTS: Clients include Pacific Lumber, SemGroup Energy Partners and Yorkville Advisors.

INDIVIDUALS: Jack Kinzie, the bankruptcy section chair, is based in Dallas and has led in the ASARCO bankruptcy since it was first filed.

Within Capital markets: global offerings: National,

Baker Botts, L.L.P.

PRACTICE: Continuing to illustrate its strength in representing corporate clients in international capital markets matters, Baker Botts, L.L.P. has acted for clients such as Dell and CenterPoint Energy. While it has the capacity to act for financial institutions such as Citi and JPMorgan, corporate client representation is the rock of the practice.

Praised for its ‘very strong Houston office and international offices’ the Texas-based firm makes its international intentions clear through its global projects practice and expanding the firm’s global reach in the capital markets arena, the firm added partner Babul Parikh to its Riyadh office in January 2009. Illustrating the close relationships between the offices there has been recent movement between them with a Dallas-based David Emmons moving to the Dubai office and was named partner in charge of the Dubai and Riyadh offices, while Houston partner Joel Swanson moved to the London office and was named head of the firm’s international corporate practice.

Despite this, the firm does not have the breadth of global offices as other rival firms or the number of partners based in its US offices, impinging the amount and size of matters that the team can handle. Despite this, the practice has acted on some large deals in 2008. In a double pronged matter for the Cayman Island corporate client Transocean, the practice advised the client regarding the payment of a portion of debt for the finance of the acquisition of GlobalSantaFe. This included public offerings of series A, B and C convertible notes worth $6.6bn, and three offerings of senior notes work $2.5bn.

In another matter, the team acted for ConocoPhillips regarding a public offering of notes worth an aggregate of $1.5bn aggregate, closing in May 2008.

CLIENTS: As well as the above mentioned clients Transocean and ConocoPhillips, corporate clients include Dell and CenterPoint Energy Resources. Financial institution clients include Citi, Scotia Capital and JPMorgan.

INDIVIDUALS: Houston-based partner Tull Florey is regarded by clients as being ‘someone deserving’ of recognition for his work in the capital markets space. Boasting expertise across the board and in Rule 144A offerings among others, Florey recently worked on the ConocoPhillips matter.

Within Capital markets: high-yield debt offerings: National,

Baker Botts, L.L.P.

PRACTICE: Texas-based Baker Botts, L.L.P.’s focus is uniquely strong in the region, and focuses on the representation of manager clients in the high-yield arena. The departure of four lawyers in 2008, leaving the team with 13 partners, two associates and one special counsel, has not diminished the Houston-led practice’s abilities in the area, with one client noting that the firm ‘clearly has experience in these types of matters’.

Praised for the added strength that it has in its international offices, the practice has particular expertise in Rule 144A offerings, recently acting for Banc of America Securities as lead underwriter in a Rule 144A offerings of notes and senior unsecured zero coupon notes issued by Enbridge Energy Partners with a value of $1bn.

In a public offering of $600m senior subordinated notes issued by Newfield Exploration Company, the firm acted for JPMorgan as lead arranger, closing in May 2008.

CLIENTS: The practice has advised manager clients such as Deutsche Bank, RBS Greenwich Capital, HSBC Securities and Credit Suisse.

INDIVIDUALS: Partner Stephen Massad is singled out by clients for his ‘very strong legal skills’ and his ‘absolute ability to understand issuers and translate for client’ as well as working on ‘very complex’ high-yield matters.

Bill Hart focuses his practice on high-yield debt and corporate finance matters. Praised by clients for his ‘very responsive and very calm’ approach to matters, he has the ability to act on ‘very impressive strategic issues’. Both partners are based in Houston.

Within Project finance: National,

Baker Botts, L.L.P.

PRACTICE: Praised with offering the ‘most superior legal services of all the project and structured finance legal firms I have worked with’, Texas-based Baker Botts, L.L.P. is known for its strong sponsor side client list. Boasting a strong team of 11 partners, the practice has the majority of its 32 international projects lawyers in its Dallas, Houston, New York and Washington DC teams. The global project group has particular expertise in the energy and infrastructure arenas, with clients praising the practice’s ability to offer ‘top quality expertise in energy and infrastructure financing’.

Experiencing a notable presence in Mexico last year, the practice has international support from its Hong Kong, Beijing and Dubai offices. The firm also brings strong finance capabilities from its New York office, but despite this, the
firm has not seen the same calibre of clients or size and complexity of matters as its competitors.

Illustrating the practice’s ‘superior expertise across industries particularly in energy’ and cross-office expertise, the firm’s New York, Washington DC and Houston teams acted for the Hunt Refining Company and its affiliates regarding an approximately $750m expansion and senior secured bank financing of the clients oil refinery in Tuscaloosa, Alabama.

While the practice is strongest in terms of sponsor representation, Baker Botts, L.L.P. has made a concentrated effort to expand its expertise on the lender side, and has acted for a number of leading backs, including HSBC and Citibank. The practice recently acted for ArcLight Capital Partners regarding its investment and financing of the repowering of a 1.5GW portfolio of NuCoastal Power Holdings owned electric power plants. The matter closed in August 2008 and involved five natural gas-fired power plants located on Texas.

CLIENTS: Sponsor clients of the firm include AES, BP Alternative Energy, Buchanan Renewables and Petrobras, while lender clients include BNP Paribas, Calyon, Citibank, HSBC and Natixis.

INDIVIDUALS: New York partner William Giusti is regarded by clients as ‘one of the most talented project finance attorneys’ in the market. With a particular focus in the energy arena, Giusti is noted as ‘always looking for solutions, he is a problem solver’ by clients.

Intellectual property

Within Patent licensing: National,

BAKER BOTTS, L.L.P.

PRACTICE: Houston-based Baker Botts, L.L.P. takes a ‘strongly client-oriented approach’ to its patent licensing practice, handling programs and investigations with the aim of increasing financial returns on clients’ assets. It has compiled an impressive list of transactions and due diligence investigations in 2008. The practice fields 51 licensing and IP transactional lawyers, who are supported by another 90 IP attorneys.

Among recent highlights, the department has been involved in negotiating licenses on behalf of Texas Instruments.

CLIENTS: In addition to Texas Instruments, the practice handles licensing matters for Cisco Systems, Dell and MasterCard.

INDIVIDUALS: Based in Palo Alto, ‘extremely talented’ Christopher Kennerly has extensive experience in all areas of intellectually property, with a particular focus on counseling, prosecution and licensing.

Based in Dallas, computer engineer Doug Kubehl has been involved in all aspects of patent law, including litigation and licensing and the development of intellectual property portfolios. Clients are ‘absolutely satisfied with his advice and knowledge of patent law’.

Within Patent litigation: full coverage: National,

Baker Botts, L.L.P.

PRACTICE: Clients praise Houston-headquartered Baker Botts, L.L.P.’s 140 IP lawyers for being ‘able to convert legal knowledge into effective strategies’. The practice has been representing well-known software and telecommunication companies in significant patent infringement claims, one of them being a lawsuit on behalf of American Calcar against Honda. In this matter, the jury found two of AC’s patents relating to vehicle navigation systems, valid and enforceable, and awarded the company damages worth $24m.

Another of the practice’s strength lies in the biotechnology field, where the firm acts for various university-based research institutions and various specialized biotechnology companies. In addition, Baker Botts, L.L.P. is seen as ‘setting a trend’ in the nanotechnology industry, having obtained a $55.2m jury victory on the first patent infringement case on behalf of Elan Pharma International in federal district court in Delaware brought against Abraxis BioScience. The jury decided that Abraxis’ Abraxane product infringed a patent for stable nanoparticle formulations of cancer drugs. The drug is used intravenously for the treatment of metastatic breast cancer.

CLIENTS: In addition to the ones mentioned above, the firm acts for telecommunication companies such as AT&T, Ericsson and Verizon Wireless, but also for IT and electronics companies including Samsung Electronics, Cisco Systems, Fujitsu, Whirlpool and Dell.

INDIVIDUALS: Bart Showalter, based in Dallas, is the firmwide chair of the intellectual property department. He is praised for his ‘great presence in courtroom and for bringing clients into the loop’.

Also in Dallas, Larry Carlson is a senior partner in the litigation department who has vast trial experience with a focus on patent infringement lawsuits. Clients describe him as ‘an amazing communicator’.

Clients consider Scott Partridge to be as ‘extremely knowledgeable and highly experienced’. As head of the intellectual property department in the Houston office, Partridge focuses on patent, copyright and trade secret litigation for technologies in the computer, telecommunication and mechanical industries. Also, Christopher Kennerly in Palo Alto and Douglas Kubehl in Dallas both have extensive experience in patent litigation and licensing.

Within Patent prosecution: utility and design patents: National,

Baker Botts, L.L.P.

PRACTICE: Seen as ‘one of the top firms in the US with broad practice areas plus a deep pool of patents’, Baker Botts, L.L.P. impresses clients with ‘its responsiveness, quality service and willingness to listen to clients’ directives’.

In their praise about the firm, clients comment that the ‘the practice is always careful about budgeting concerns’.

The practice is spread across four offices in Texas plus one in Washington DC and in New York. It has been involved in numerous patent prosecution matters in the computing and electronics fields.

Among recent highlights, the practice rep-resented Dell in connection with the preparation and prosecution of patent applications in the US and abroad in relation to the design, development and manufacturing of various computer systems. In addition, Baker Botts, L.L.P. serves as outside counsel to the same client on patent assertion and licensing disputes.

CLIENTS: In addition to Dell, the practice also acts for AT&T, American Calcar, MasterCard, Halliburton Energy and Cisco Technology.

INDIVIDUALS: Barton Showalter in Dallas chairs the IP group, and advises clients in fields such as computer software, semiconductor devices, optical systems and medical devices.

Roger Fulghum in Houston impresses clients with ‘his responsiveness to requests’. Fulghum prosecutes patent applications before the USPTO on matters involving computer systems, telecommunications, semiconductors and e-business software, and acts on behalf of clients on numerous contentious matters in district and federal courts.

Kevin Meek in Dallas has extensive patent litigation and prosecution experience in a broad spectrum of technologies and has an undergraduate degree in electrical engineering.

Litigation

Within Energy: National,

Baker Botts, L.L.P.

PRACTICE: A major player in the energy space, Baker Botts, L.L.P.’s 40-strong global team is regularly instructed by some of the most significant clients in the industry. Ground has been gained on the top-tier by virtue of an increasingly sophisticated approach to market manipulation cases and the white-collar aspects of the practice.

‘A joy to work with’ and ‘part of an extremely good firm’, although the team lacks the breadth of coverage of the top-tier practice. The application it is able to bring to areas such as oil and gas litigation, and downstream commercial disputes is impressive and unsurpassed.

The group has been able to bring ‘a wonderful trial team’, as clients call it, to bear on several high profile cases recently. For example, it persuaded the Fourth Circuit to strike down local regulations designed to block the development of an LNG terminal on behalf of AES Sparrows Point. The practice also represented Marathon Petroleum in a putative class action alleging illegal tying, filed on behalf of 5,600 Marathon dealers.

Clients say of the practice that ‘it has consistently given a service that is far and away the best in the market because it has the best litigators and a tradition of giving its oil and gas clients huge wins’. Applying this reputation to downstream concerns such as market manipulation and transmission disputes, has been one of the main reasons for the team’s advancement in the market.

CLIENTS: Clients include Yemen Exploration and Petroleum, Coastal Habitat Alliance, Reliant Energy, CenterPoint Energy, FPL Energy Marketing and Weaver’s Cove Energy.

INDIVIDUALS: ‘One of the best energy litigators’, according to clients, practice group co-head J Gregory Copeland is ‘relentless in pursuing the best result for the client’. Although his experience is not limited to upstream representations, his extensive record of working with oil and LNG companies, including the likes of ExxonMobil and Marathon Oil, has been at the forefront of the practice’s activity.

His co-head Mark Robeck is someone of whom clients say they are ‘really satisfied with the service he’s provided over the years’. He handles a broad array of disputes including international arbitration and high stakes FERC investigations. Clients say he is ‘a great lawyer to have arguing your corner, you feel safe putting him in charge’.

Both Robeck and Copeland are based in Houston.

Elsewhere, Washington DC partner Randolph McManus ‘provides very sound and creative advice’, say clients. He is active in regulatory and transactional matters and regularly appears on high profile-matters before the FERC. One impressed client says that they’ve ‘been extremely happy with the work he’s done’.

Within Environment: National,

Baker Botts, L.L.P.

PRACTICE: With 11 partners in Austin, Washington DC and Houston, Baker Botts, L.L.P. has an ‘active environmental practice’ that provides clients with full-service regulatory, transactional and litigation advice at both the federal and state levels.

Prominent in Texas, the firm has a strong client base in the oil and gas field but is less active on the West Coast.

Baker Botts, L.L.P. is national counsel to two leading refiners and a chemical company in defending scores of product liability claims across the country, alleging that gasoline containing the additive methyl-tertiary-butyl-ether contaminated water supply wells. The practice helped negotiate a settlement of the majority of these cases but is defending over twenty remaining actions.

The group is also currently representing a national mining and smelting company in connection with estimation proceedings on $6.5bn in environmental claims at approximately 75 sites across the country. The case has been described by the Department of Justice as the single most complicated environmental bankruptcy in history.

CLIENTS: The firm represents a raft of big-name energy clients including ExxonMobil, Valero Energy, Motiva Enterprises, CPS Energy, Sinclair Oil and Excel Energy.

INDIVIDUALS: Head of the firm’s environmental group is Pamela Giblin. Based in the firm’s Austin office, her practice encompasses the range of environmental litigation.

Steven Leifer is based in Washington DC and is best known for his expertise in regards to hazardous waste and substances. Also in Washington DC, William Bumpers focuses on climate-change and Clean Air Act matters, and is the head of the firm’s global climate-change group.

Within International arbitration: National,

Baker Botts, L.L.P.

PRACTICE: Comprised of 32 lawyers, the international arbitration practice at Baker Botts, L.L.P. is led from Texas, whilst drawing resources from its 11 offices found throughout the world as needed. Boasting fluency in English, Spanish, Russian, Arabic, Chinese, German and Polish, the team is equipped to service clients from a
range of jurisdictions and industry sectors, including, most obviously, oil, gas and energy, handling both complex commercial and investor-state disputes. The team has not witnessed a departure for many years, and it has ‘quietly gotten on with successfully expanding its market profile’.

Its ‘strong commitment’ to international arbitration has led to the firm’s involvement in some of the largest, most high-profile arbitrations in the world. Acting for Yemen Exploration & Production Company (YEPC), the team was involved in a multi-billion dollar arbitration against Yemen, wherein its client alleged Yemen’s breach of a 5-year extension agreement. Though the extension agreement was found to be invalid, YEPC was rewarded all unrecovered production expenses, and all six claims against YEPC were subsequently rejected, with all arbitral costs and legal fees recovered. This case is reportedly one of the world’s largest ICC arbitrations, and is testimony to the team’s ability to handle high-value, complex disputes.

Other cases of note include the team’s successful representation of a major Asian telecom company in an ICDR arbitration with a Canadian company. A dispute resulting from claims and counterclaims arising out of a telecom infrastructure contract, the amount in dispute totaled in excess of $3.5bn. Following expedited proceedings, nearly all claims against its client were dismissed, and a claim for termination was achieved.

In a significant investor-state dispute, the team is representing a sovereign state in the defense of claims brought forward by various investors in a publicly-traded company alleging violations of a BIT agreement.

The firm shows a genuine commitment to expanding its domestic and global presence, and this year promoted Kevin Jacobs, Aaron Davidson and Ryan Bull to partnership, while also making two lateral hires in Alejandro Escobar (former senior counsel at ICSID) and Steven Lim, who, having previously been based out of Singapore, will focus primarily on the Far Eastern markets. With such a clear strategy for growth, this practice is ‘one to watch’.

CLIENTS: In addition to those mentioned above, the team is representing a subsidiary of an American oil and gas company, Cos-Mar and the respondents in an ICC arbitration seated in Singapore, with traditional clients including Hunt Oil, Exxon Mobile and Kia. Clients are drawn from a large geographical spread, with instructions arising out of the US, Russia, India, the Netherlands and Asia.

INDIVIDUALS: Practice chair Michael Goldberg impresses with his ‘intelligent approach’ and ‘obvious understanding of arbitral proceedings’. Based in Houston, he brings to the team a
‘wealth of knowledge’ relating to international arbitration.

Also in Houston, Jennifer Smith has a broad, international perspective as a result of having previously worked in the firm’s London office. Clients respect her ‘sound judgement’, labeling her ‘a true talent’.

Based out of Washington DC, Jay Alexander contributes over 20 years’ experience to the team, and is lauded as ‘excellent’ and ‘a pleasure to work with’.

Mergers, acquisitions and buyouts

Within Antitrust - South West,

Baker Botts, L.L.P.

PRACTICE: Baker Botts, L.L.P. ‘continuously exceeds client expectations’. The practice has seen an increase in mergers work in recent years as well as litigation, and successfully defended Reliant Energy and Reliant Energy Services in several suits brought by gas purchasers in California, Kansas, Wisconsin, Colorado and Missouri, concerning the Federal Energy Regulatory Commission’s investigation
into alleged manipulation of electricity and natural gas prices. The team also advised Marathon in a credit card fee class action filed on behalf of Marathon service station dealers nationwide, that was dismissed both at
district court and appeal level. In merger matters, the practice represented Transocean, the world’s largest offshore drilling company in its $58bn merger with GlobalSantaFe, and obtained antitrust clearance for Bristow Group in connection with the sale of its helicopters. Clients state: Baker Botts, L.L.P. works remarkably well as a team, seamlessly bringing in other departments when weight is required on particular issues’.

CLIENTS: The roster includes Reliant Energy, Transocean, Bristow Group, McDermott International and Marathon.

INDIVIDUALS: Greg Copeland and Mark Robeck are recommended for trial work. ‘Up and coming’ David Rodi is becoming an increasingly recognized antitrust practitioner, and Rufus Oliver ‘the best in the business for oil matters’, state clients. ‘He understands the technology, and is able to apply antitrust principles to the industry’. Richard Brooks is ‘the best we have ever dealt with for Hart-Scott-Rodino Act questions’.

Within M&A: national firms - large deals,

Baker Botts, L.L.P.

PRACTICE: Baker Botts, L.L.P. has grown from roots in Houston and the thriving energy industry in Texas. Whilst the firm does represent media and telecommunications clients, particularly out of its New York office, its strength undoubtedly remains its close relationships with a wide variety of energy companies and the accompanying experience in this sector.

Clients praise the firm’s culture, saying that ‘across the board, they are lawyers who respond quickly, efficiently and in a cost-effective manner. They do not “over lawyer” matters and are pragmatic in their approach to legal issues and advice’.

In 2008, Baker Botts, L.L.P. represented Halliburton Company with respect to its ultimately unsuccessful $3.38bn bid to acquire Expro International. Additionally, the firm was active for Liberty Media, advising on its $13bn stock transaction with News Corporation, and representing Liberty in taking FUN Technologies private for $207.4m. The practice also represented Marathon Oil Corporation in its acquisition of Western Oil Sands for $6.9bn.

CLIENTS: The firm’s M&A clients include Halliburton Company, Transocean, CenterPoint Energy, Marathon Oil Corporation, Lyondell Chemical Company and Liberty Media Corporation.

INDIVIDUALS: Practice head J David Kirkland is recommended as ‘extremely responsive’, providing ‘outstanding service’. Theodore Paris, Stephen Massad, and Tull Florey are jointly commended as ‘capable, diligent, hard working and with a high degree of integrity’. Gene Oshman is also singled out by clients as ‘one of the most intelligent and diligent lawyers’ they work with. James Mayor and John Geddes are recommended as ‘good younger partners, who are responsive and show good judgement’.

Real estate and construction

Within Texas,

Baker Botts, L.L.P.

PRACTICE: Baker Botts, L.L.P. maintains a healthy selection of legacy clients. In 2008, the group represented Hines in the development, financing and leasing of Main Place, a 46-story office tower in Houston. ‘Very sophisticated’ and ‘comfortable with projects of any scale’, the group has acted on a swathe of deals for this client and repeatedly made use of its capability to handle a development process from financing to leasing. In another instance, the team represented Hines in the formation of Hines India Fund, an investment vehicle to finance developments in India, a market that few US developers have been able to crack. Advising on this deal, markedly different from the majority of real estate instructions, the practice shows its flexibility and familiarity with advising on strategies for local and international development.

‘It is the real estate firm of choice’, say clients, highlighting the impact the group’s seven partners have on the market from their bases in Dallas and Houston. The practice is accordingly involved in many of the high-visibility projects there; recently the team was instructed by Crescent in connection with the development and financing of a luxury hotel and condominium complex in Dallas.

CLIENTS: Clients include Sarofim Realty Advisors, Hawkeye Partners, Valencia Capital Management, Aureus Group, Cypress Real Estate and Billingsley.

INDIVIDUALS: ‘Intelligent and able to manage all the various aspects of an engagement’, Marley Lott is based in Houston and chairs the firm-wide practice. She is ‘a very competent strategist’ and ‘among a select handful of lawyers that can be trusted with any deal of any size’, say clients.

Houston partner Fred Dunlop is praised for his ‘great feel for the law and how our projects are going to have to be structured’ and ‘complete commitment to a task — we get no half measures with Fred’.

Meanwhile, in Dallas partner Patricia Stanton has a reputation for ‘a very personal and very thorough service’ and for providing ‘counsel of the highest quality on complex assignments’.

Tax

Within Domestic tax: Central,

Baker Botts, L.L.P.

PRACTICE: Baker Botts, L.L.P.’s tax practice is largely based in the Texas offices where a Houston complement of 45 partners is supported by a further 17 based in Dallas. The practice handles transactions, planning, controversy, employment taxes and private client advice. The firm’s strong following in the oil and gas sector has stimulated an impressive expertise in energy taxation. Baker Botts, L.L.P.’s clients generally give very positive feedback about the ‘outstanding and innovative’ performance with the proviso that ‘some partners can appear to be overwhelmed by workload at busy times of the year’. Niche expertise in the aviation and real estate sector is noteworthy.

Recent instructions included the complex structuring of AES Solar, a $1bn joint-venture committed to the development of utility scale solar generation plants. Baker Botts, L.L.P. tax lawyers also advised Liberty Media in connection with the reclassification of its outstanding tracking stocks to comply with the tax-free reorganization rules of section 368 (a) of the IRS Code.

CLIENTS: The practice advises energy sector clients including Halliburton, CenterPoint Energy, Dominion Resources, and Reliant Energy. Airlines represented include United and Southwest. Tax advice is also being provided to Hines Real Estate Investment Trust, Martin Midstream Partners, Affiliated Computer Services, and Electronic Data Systems.

INDIVIDUALS: Houston-based Richard Husseini, the deputy chair of the firm-wide tax department has a strong federal tax practice incorporating both planning and controversy. Also in Houston, Derek Green, who was a member of the team advising in the Liberty Media instruction, is ‘very bright and able with a quick mind’, and Stuart Schaffer ‘provides innovative but practical solutions’.

Within Employee benefits: National,

Baker Botts, L.L.P.

PRACTICE: Baker Botts, L.L.P.’s employee benefits tax practice numbers some 25 fee-earners divided between the Dallas and Houston offices, and has attracted a blue-chip corporate following.

Baker Botts, L.L.P.’s lawyers handled the spin-off of Dr Pepper/Snapple Group from Cadbury, a complex challenge which involved the separation of numerous US qualified and non-qualified retirement plans and advice on the treatment of a large number of executive and incentive compensation issues.

CLIENTS: Baker Botts, L.L.P. EBEC lawyers advise Petrochemical Industries, Pride International and CenterPoint Energy.

INDIVIDUALS: In Dallas, recent addition Felicia Finston has proved worthy of her hire in a very short time, and brings considerable expertise to the practice. Jim Raborn, in Houston, has ‘impressive expertise in the area of ERISA law’ and ‘provides a very good level of service’.

Within International firms: National,

Baker Botts, L.L.P.

PRACTICE: Baker Botts, L.L.P.’s principal international tax expertise is manifestly in the energy sector, particularly in oil and gas, including upstream projects such as pipeline construction. The practice is largely based in the Houston and Dallas offices with a significant contribution coming from the Washington DC partner.

The practice represented Transocean through the completion of its $58bn reclassification and merger transaction with GlobalSanta Fe, a deal which created the second-largest oilfield services company in the world. A team of tax practitioners at Baker Botts, L.L.P. contributed to the multidisciplinary group which acted as overall project counsel in a $10bn greenfield LNG liquefaction project in Africa - a joint venture between a state-owned corporation and several oil majors. Instructions have included drafting and negotiation of all development agreements, shipbuilding contracts and charter party agreements.

CLIENTS: Baker Botts, L.L.P.’s international tax clients include ConocoPhillips, ENI Total, Haliburton, Dominion Resources and Reliant Energy.

INDIVIDUALS: Baker Botts, L.L.P.’s Houston-based head of global projects, Stuart Schaffer, has handled cross-border projects and transactions in virtually every country with a presence in the oil, gas and petroleum markets. Also in Houston, Benjamin Wells ‘is an exceptional tax resource with extremely good business judgment and valuable experience’. In Washington DC, Tamar Stanley ‘is thorough and timely, she interacts well with other outside advisers and routinely gains respect of others working on transactions’.

Within Tax controversy: National,

Baker Botts, L.L.P.

PRACTICE: Baker Botts, L.L.P.’s tax controversy practice has grown to seven partners and five other lawyers, with one Washington DC-housed exception, based in the Texas offices. Clients comment on ‘able, capable, knowledgeable and skilled counsel’ offering excellent service standards in federal and state tax issues. The practice has established a strong niche in estate and succession tax controversy.

The practice’s recent successful representations include the Estate of Christiansen v IRS, a federal estate tax case concerning a ‘dollar value formula disclaimer’ clause in a will which increased tax exempt charitable dispositions by an amount equal to any increase in the value of the estate negotiated with the IRS. Despite arguments by the IRS that the clause should be void on public policy grounds as it was a deterrent to the examination of estate tax returns, the Tax Court unanimously found for the taxpayer.

CLIENTS: Clients include Delta Air Lines, Southwest Airlines, United Parcel Service of America, Pennzoil Company and Mariner Energy.

INDIVIDUALS: In the Dallas office, Don Stephenson has a ‘very high level of technical knowledge of the airline industry’, and also ‘treats every client as though they were his only client’. John Porter, in Houston, who led in the Christiansen case, ‘has an extraordinary knowledge of the law and tax matters and, at trial is in a league by himself’. Houston-based Keri Brown ‘organized data, information and witnesses in an exemplary manner - it is my belief that she possesses a near photographic memory’.


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  • Intellectual Property Rights

    Amendments in Information Technology Act, 2000 The Information Technology (Amendment) Act, 2008 has come into force from October 27, 2009. Some key amendments in the Information Technology Act, 2000 (“IT Act”) are highlighted below:
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  • Cross Border Investments & Transactions

     
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  • Capital Markets/ Securities

    Amendments in (Substantial Acquisition of Shares and Takeovers) Regulations, 1997
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