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Baker & Hostetler LLP

11601 WILSHIRE BOULEVARD, SUITE 1400, LOS ANGELES, CA 90025, USA
Tel:
Work +1 310 820 8800
Fax:
Fax +1 310 820 8859
Web:
www.bakerlaw.com

United States

Real estate
Real estate - ranked: tier 5

Baker & Hostetler LLP

At Baker & Hostetler LLP, key sectors of focus include healthcare, hospitality, energy and student housing, and the firm has also advised a number of sports team ownership groups on matters related to their sports venues. The group has longstanding expertise in corporate, environmental, taxation and construction law, and regularly advises on regulatory compliance in relation to high-scale development projects. In a recent highlight, the group advised Big River Steel on the construction and operation of its $1.7bn steel mill manufacturing facility in Arkansas, a project site of approximately 2,000 acres. The firm also acted for Hyatt Hotels regarding the management, branding and operation of its Park Hyatt Los Angeles Project, one of the largest mixed-use hotel projects in California, and advised The Millennia Companies on a number of acquisitions, developments and restructurings of affordable housing projects. The practice is headed by Amy Kellogg in Cleveland and Robert Gebaide in Orlando, with other key figures in Denver, Houston, Los Angeles and Atlanta. Centennial Commercial Finance and Hard Rock Café are also active clients.

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United States: Antitrust

Civil litigation/class actions: defense
Civil litigation/class actions: defense - ranked: tier 5

Baker & Hostetler LLP

At Baker & Hostetler LLP, a team including Gregory Commins, practice head Robert Abrams, Robert Brookhiser and Danyll Foix is defending Caterpillar against a lawsuit brought by a would-be importer of Chinese heavy-made equipment; the plaintiff alleges that the client and other manufacturers colluded to limit competition in the US market. John Fornaciari, Foix and Sally Qin are acting for the NYK companies in five class actions wherein it is claimed that the client and other carriers entered into agreements over market allocation and restriction of capacity in the ocean transport of vehicles. Abrams has more than 30 years’ antitrust litigation experience, as does Gregory Baker. Counsel Thomas Hogan is also recommended. All named individuals are based in Washington DC.

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United States: Dispute resolution

Corporate investigations and white-collar criminal defense
Corporate investigations and white-collar criminal defense: advice to corporates - ranked: tier 5

Baker & Hostetler LLP

Baker & Hostetler LLP’s team is led by John Carney and George Stamboulidis in New York, and Steven Dettelbach in Cleveland. The team was bolstered by the arrival of Carole Rendon, who joined the Cleveland office in May 2017, and securities litigation defense attorney Douglas Greene, who joined the Seattle office from Lane Powell PC in January 2018. New York’s Lauren Resnick and Washington DC’s Jonathan Barr are the other key practitioners. Stamboulidis was appointed as a monitor to the International Union of Operating Engineers following corruption allegations. It also performed an internal investigation for the audit committee and executive management of a global payment operator in connection with OFAC compliance in Iran, Syria, Libya and Cuba.

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International arbitration
International arbitration - ranked: tier 4

Baker & Hostetler LLP

Baker & Hostetler LLP handles commercial and investor-state arbitrations and regularly represents clients in enforcement proceedings. Notable headline work includes representing Resolute in an investor-state arbitration claim against Canada under Chapter 11 of NAFTA and representing China Telecom Corporation and CTA, its North American subsidiary, in an arbitration dispute regarding Uber’s departure from the Chinese market. In Washington DC, department head Mark Cymrot and Kenneth Reisenfeld are recommended, while Houston-based Sashe Dimitroff is also noted.

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International litigation
International litigation - ranked: tier 3

Baker & Hostetler LLP

Baker & Hostetler LLP is ‘first rate’, according to one client, ‘the practice works well as part of an international team on cross-border cases’. Mark Cymrot in Washington DC leads practice, which has ‘real depth and breadth of knowledge in cross-border fraud and asset recovery’. Gonzalo Zeballos in New York is recommended for multi-jurisdictional fraud and asset recovery litigation as ‘someone you want on your side in any conflict; his knowledge of cross-border procedures between the US and the UK is unparalleled’. Alongside Oren Warshavsky (who is ‘a brilliant lawyer with deep insight’), Zeballos helped bring claims exceeding $1bn in value in Bermuda, Austria, France and other jurisdictions for Irving Pickard against a group of hedge funds implicated in the Bernie Madoff Ponzi scheme.

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International trade
International trade - ranked: tier 4

Baker & Hostetler LLP

Jointly headed out of Washington DC by Kerry Scarlott and Melvin Schwechter, and also including practitioners based out of Houston and Cleveland, Baker & Hostetler LLP’s five-partner team handles customs, export controls, economic sanctions and trade remedies work for clients from a broad cross-section of industry sectors including oil and gas, automotive and financial services. Scarlott has considerable expertise advising clients in the aerospace sector and represents Lockheed Martin regarding unmanned aerial vehicle operator regulations, and tracking and managing explosive agents under import/export regulations and Alcohol, Tobacco, Firearms and Explosives (AFTE) regulations. John Burke advises TransDigm on compliance training on export controls, economic sanctions and related matters at the corporate, regional and operating unit levels. Michael Snarr is also recommended.

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Securities litigation: defense
Securities litigation: defense - ranked: tier 5

Baker & Hostetler LLP

Baker & Hostetler LLP’s securities litigation and regulatory enforcement practice consists of more than 40 attorneys with experience in litigation and SEC, CFTC and FINRA investigations. Marc Powers in New York leads the practice and he advised Canadian national Joseph Cheung on an SEC investigation regarding ‘pump and dump’ schemes relating to reverse merger transactions. Securities defense lawyer Geoffrey Coll succeeded in having independent trustees of Virtus dismissed from class actions alleging misrepresentation of the performance of an investment strategy utilized by F-Squared Investments, Inc.

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United States: Industry focus

Energy litigation: oil and gas
Energy litigation: oil and gas - ranked: tier 3

Baker & Hostetler LLP

Baker & Hostetler LLP regularly handles disputes involving oil and gas leases, joint operating agreements, drilling contracts, exploration and development agreements as well as licensing agreements and patent infringement cases for clients such as Chevron, Devon Energy and Enterprise Products Operating. A recent highlight was the successful defence of SG Interests, co-owner of an interstate natural gas pipeline in west Colorado, against excessive pipeline access fee claims brought by a newly formed exploration and production company. The department, which is headed by Martin Booher, Poe Leggette and Ray Whitman, welcomed energy and environment litigator Matthew Thurlow, previously at Latham & Watkins LLP. Carey Gagnon joined Verizon as an in-house counsel and Thomas Kruse departed to Baker McKenzie LLP.

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Energy transactions: oil and gas
Energy transactions: oil and gas - ranked: tier 5

Baker & Hostetler LLP

Baker & Hostetler LLP impresses with its ‘excellent response times, and strong business and industry knowledge’. The team is particularly strong in the oilfield services sector, and in one recent deal the group advised Quintana Energy Services on the sale of oilfield services equipment to MG Bryan. Sameer Mohan joined Morgan, Lewis & Bockius LLP in 2018.

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Environment: litigation
Environment: litigation - ranked: tier 4

Baker & Hostetler LLP

Baker & Hostetler LLP’s team ‘is responsive, skilled, and tailors legal needs to specific circumstances to achieve positive resolutions’. The practice handles major federal and state regulatory enforcement actions and acts in high-profile natural resource cases litigated under NEPA and the ESA. Other areas of note include CAA federal and state administrative proceedings and assisting multiple parties at Superfund sites. Recent matters include defending International Paper in multi-party cost recovery litigation, related to the Kalamazoo River Superfund site. Cleveland-based team head Martin Booherdoes an exceptional job’. Washington DC-based Andrew Grossman is also highly rated. Matthew Thurlow joined from Latham & Watkins LLP.

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Healthcare: service providers
Healthcare: service providers - ranked: tier 5

Baker & Hostetler LLP

Charlene McGinty leads the practice at Baker & Hostetler LLP from Atlanta, which saw substantial growth in 2017 recruiting Mark Kadzielski and counsel Jeeyoung Kim into its Los Angeles office from Pepper Hamilton LLP and counsel Elizabeth Goldman in Washington DC from an in-house role. Houston-based Gregory Saikin is recommended for litigation; he is acting for a national provider of hospice services in fraud and abuse litigation claims. In Atlanta, Emily Crosby focuses on nursing homes and assisted living clients and Amy Fouts handles compliance issues.

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Sport
Sport - ranked: tier 4

Baker & Hostetler LLP

Baker & Hostetler LLP handles a range of transactional and contentious sport matters for leagues, franchises, owners and sanctioning bodies. Orlando-based Gregory Lee heads the group and notably advised Orlando Magic on its $250m mixed-use development project in downtown Orlando and acted for the US Tennis Association on its $60m capital investment in a large tennis facility. Atlanta-based Derek Bauer defended the owners of Atlanta’s WNBA team in a high-profile breach of contract case brought by a former coach, while Columbus-based auto racing expert Jack Bjerke assisted with the preparation and negotiation of commercial contracts for Rahal Letterman Lanigan Racing, as well as for Scott Pruett and associated company SDP Motorsports.

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Transport: rail and road - litigation
Transport: rail and road - litigation - ranked: tier 2

Baker & Hostetler LLP

Baker & Hostetler LLP’s trucking litigation practice is characterized by ‘fast responses and a high success rate’. Based in the Houston office, Billy Donley and David Jarrett (who are noted for their ‘strong business acumen’) are acting for longstanding client Volvo Trucks North America in several disputes with dealer franchises nationwide. The Columbus-based Elizabeth McNellie and Michael Mortenson in Costa Mesa are leading a team acting for Ford Motor Company in connection with consumer warranty litigation spanning 29 states and the Virgin Islands.

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United States: Intellectual property

Copyright
Copyright - ranked: tier 3

Baker & Hostetler LLP

Baker & Hostetler LLP is best known for its music distribution expertise, but also has significant strength in technology-related copyright issues. The group is currently defending Apple in a copyright infringement claim alleging the use of an infringing design in an app offered through the iTunes Store. It is also defending ReDigi at the appeal stage of its dispute with Capitol Records pertaining to its digital music resale technology. On the advisory front, it assists Blackheart Records Group with copyright registration, monitoring and enforcement, and is currently representing the company in a copyright infringement claim against Epic Rights and other merchandisers. Oren Warshavsky in New York, Dennis Loomis in Los Angeles and Katrina Quicker in Atlanta are recommended.

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Patent litigation: full coverage
Patent litigation: full coverage - ranked: tier 6

Baker & Hostetler LLP

Baker & Hostetler LLP has a strong track record in PTAB proceedings and fields a particularly strong practice in the pharmaceutical, technology, mechanical engineering and electronics sectors. In addition to acting for Bayer in two patent infringement cases against competitors regarding patents covering flea-and tick drugs for companion animals, the team represented Caterpillar in competitor litigation against Wirtgen America, concerning patents on road paving equipment. Other clients include Ascend Performance Materials, Cardinal Health and Crown Holdings. Cincinnati’s Kevin Kirsch jointly heads the group with Philadelphia’s Daniel Goettle and Gary Levin. Pierre Yanney in New York joined from Stroock & Stroock & Lavan LLP, Steven Spears in Houston came from McDermott Will & Emery LLP, Inge Larish joined the Seattle office from Pillsbury Winthrop Shaw Pittman LLP, and former McDonnell Boehnen Hulbert & Berghoff LLP lawyers Leif Sigmond and Michael Gannon bolstered the Chicago practice.

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Patent: prosecution (including reexamination and post-grant proceedings)
Patent: prosecution (including reexamination and post-grant proceedings) - ranked: tier 5

Baker & Hostetler LLP

Baker & Hostetler LLP places strong emphasis on work in the electrical, mechanical and computer science sectors, but also has a dedicated biotechnological, chemical and pharmaceutical practice. Highlights included advising Apple on prosecution of graphics and video coding patents, and assisting DePuy Synthes with numerous medical device patents. Other clients include Teva, Johnson & Johnson and Avigilon. The arrival of Pierre Yanney from Stroock & Stroock & Lavan LLP in the New York office has strengthened the group’s PTAB expertise. Kenneth Sheehan in Washington DC, Michael Stein in Seattle and Philadelphia’s David Farsiou are other key contacts.

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Trade secrets (litigation and non-contentious matters)
Trade secrets (litigation and non-contentious matters) - ranked: tier 4

Baker & Hostetler LLP

In addition to defending clients in litigation stemming from employee mobility, Baker & Hostetler LLP’s group manages trade secrets issues arising from corporate transactions such as acquisitions. Houston-based Edward Friedman continues to represent M-I SWACO in a challenge to its non-compete agreement with a high-level product development manager and a related counterclaim for breach of contract and trade secret misappropriation. Employment experts Joyce Ackerbaum Cox in Orlando and Drew Tipton in Houston are also noted.

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United States: Labor and employment

Employee benefits, executive compensation and retirement plans: design
Employee benefits, executive compensation and retirement plans: design - ranked: tier 5

Baker & Hostetler LLP

Baker & Hostetler LLP provides a broad range of services, including advice on employee benefits, executive compensation, 409A compliance and welfare plans. Cleveland-based John Boyd and John McGowan assisted a nonprofit organization with the restructuring of its benefits distribution channels to ensure ACA compliance, and Columbus-based Susan Lubow has experience liaising between employers and governmental bodies such as the IRS. Practice heads Georgeanne Peters and Raymond Malone are based in Columbus and Cleveland respectively.

Next generation lawyers

Susan Lubow - Baker & Hostetler LLP

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Employee benefits, executive compensation and retirement plans: transactional
Employee benefits, executive compensation and retirement plans: transactional - ranked: tier 5

Baker & Hostetler LLP

Baker & Hostetler LLP represents clients across a wide range of industry sectors, including healthcare, manufacturing, technology and media. Georgeanne Peters and Raymond Malone jointly head the team from Columbus and Cleveland respectively, and are experienced assisting clients with deferred compensation and 409A compliance. Notable clients include Scripps Networks, TRW Automotive and Trinity Health.

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Immigration
Immigration - ranked: tier 4

Baker & Hostetler LLP

Baker & Hostetler LLP has a solid track record in handling matters involving compliance audits, permanent residency visas and temporary work visas for clients from within the sports, IT, engineering and healthcare industries. The group assists IndyCar and Nascar drivers and business professionals with visa and green card matters. Columbus-based litigator Matthew Hoyt has expertise in employment law, contentious matters and traditional business immigration matters; he successfully acted for a Canadian lifestyle photographer in obtaining an O1-B visa on the basis of extraordinary ability. The other key names in the practice are immigration specialist James Levine, based in the Atlanta office, and Houston-based counsel Pamela Nieto.

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Labor and employment disputes (including collective actions): defense
Labor and employment disputes (including collective actions): defense - ranked: tier 4

Baker & Hostetler LLP

Baker & Hostetler LLP is experienced in complex class actions, as well as single plaintiff cases, and regularly defends against wage and hour claims. In Atlanta, Eric Barnum is defending McDonald’s in several employment discrimination litigation cases; Barnum is working alongside counsel Porsche Austin in a race and retaliation matter that has been filed with the EEOC; and Barnum is also working with a team in Ohio defending against gender discrimination, sexual harassment and retaliation claims made by a former employee. Joel Griswold in Orlando represented Kohl’s Department Stores in a putative nationwide class action alleging that Kohl’s denied access to persons with mobility disabilities by maintaining rack spacing in their stores that was too narrow. In Houston, Edward Friedman and Drew Tipton are recommended, as is Amy Traub in New York, Kevin Shaughnessy in Orlando and Los Angeles-based Margaret Rosenthal. In Washington DC, Peter Fischer was promoted to partner and David Grant heads the team.

Next generation lawyers

Peter Fischer - Baker & Hostetler LLP

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Labor-management relations
Labor-management relations - ranked: tier 3

Baker & Hostetler LLP

The offering at Baker & Hostetler LLP covers a vast range of matters for clients across the transport, media and healthcare sectors, and under the leadership of Columbus-based Daniel Guttman continues to advise the administration of Ohio governor John Kasich on its unionized workforce. The group, which is jointly spearheaded by Washington DC’s Jay Krupin and Orlando’s Patrick Muldowney, also intervenes in collective bargaining agreements negotiations, arbitration proceedings and regulatory challenges.

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United States: M&A/corporate and commercial

Corporate governance
Corporate governance - ranked: tier 2

Baker & Hostetler LLP

According to one respondent, Baker & Hostetler LLP provides ‘unmatched expertise - it’s head and shoulders above other law firms, clients are never disappointed’. The firm handles a range of work regarding public company governance, including leadership changes, securities issues and conflict-of-interest issues. Janet Spreen, who handles work concerning governance structure reviews and senior management transitions, is ‘excellent at issue-spotting and gives reasonable, usable advice - she understands the specific nuances of each situation and responds accordingly’. Suzanne Hanselman advised Barnes & Noble Education on conflict-of-interest issues regarding a proposed change of financial adviser. Jeffrey Decker in Orlando, who advises Chesapeake Utilities Corporation, and Robert Weible are also key contacts. Unless stated otherwise, named lawyers are located in Cleveland.

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M&A: middle-market ($500m-999m)
M&A: middle-market ($500m-999m) - ranked: tier 2

Baker & Hostetler LLP

Baker & Hostetler LLP recruited Goodarz Agahi in Costa Mesa from Stradling Yocca Carlson & Rauth; Agahi has acted for clients in a range of industries, such as apparel, technology, consumer products, medical devices, and pharmaceuticals. The corporate and transactions practice regularly works alongside colleagues from the firm’s tax, IP, litigation, antitrust and employment groups, and it fields lawyers with deal expertise in the automotive, aerospace and chemical sectors, as well as in matters involving hospital groups and medical device manufacturers, media and technology companies, oil and gas and energy businesses, and private equity firms. The team acted for longstanding client TransDigm Group in the acquisition of an aircraft manufacturer and an electronic components manufacturer. It also advised a Canadian commercial financing company on the acquisition of the oldest manufactured housing finance company in the US. Other longstanding clients include Barnes & Noble Education, Cardinal Health, Cyprium Investment Partners, Dow Jones and FTI Consulting. Cleveland-based John Gherlein is a highly rated adviser to public and private companies; Ronald Stepanovic has particular experience in the acquisition and disposition of privately held companies by private equity funds; and Steven Goldberg is the business group coordinator for the New York office and practices primarily in public M&A and private equity deals, joint ventures and strategic investments. Goldberg’s experience includes advising media and internet company IAC on the sale of price comparison site PriceRunner to NS Intressenter.

Leading lawyers

Steven Goldberg - Baker & Hostetler LLP

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United States: Media, technology and telecoms

Advertising and marketing: transactional and regulatory
Advertising and marketing: transactional and regulatory - ranked: tier 2

Baker & Hostetler LLP

Following the hires of ‘rainmaker and compliance expertLinda Goldstein and the ‘excellentHolly Melton in New York from Manatt, Phelps & Phillips, LLP, Baker & Hostetler LLPhas established itself in the field’, providing notable transactional and regulatory experience. Recent work for the team includes advising Whole Foods Market on its brand influencer initiatives, e-mail and text marketing strategies, loyalty programs and e-commerce issues; assisting Sony Pictures Entertainment with the advertising, marketing and promotion of its entertainment products; and handling the launch of a new line of private label brands for a major American e-commerce company. The team also fields Alan Friel in Los Angeles, who advises on the technology elements of advertising.

Leading lawyers

Linda Goldstein - Baker & Hostetler LLP

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Cyber law (including data privacy and data protection)
Cyber law (including data privacy and data protection) - ranked: tier 2

Baker & Hostetler LLP

Data privacy and data protection - ranked: tier 1

Baker & Hostetler LLP

Baker & Hostetler LLP has built on its substantial expertise in data breaches and litigation to handle transactions and regulatory work, investigations, incident readiness and emerging technologies, including artificial intelligence and blockchain technology. Practice head Theodore Kobus led advice to Hyatt Hotels on incident response issues following a payment card security breach affecting over 300 properties globally; other work includes acting for Equifax on the payment card aspect of a significant data breach, and representing Chipotle Mexican Grill in a data breach class action against banks relating to a data breach which exposed customers’ names and credit card numbers. The team is also active in the healthcare space; it handled the fallout of a security breach for 21st Century Oncology and acted for Banner Health Care in a Health Insurance Portability and Accountability Act (HIPAA) breach. Will Daugherty and Melinda McLellan are recommended, healthcare and bitcoin specialist Laura Jehl joined the Washington DC-based practice from Sheppard, Mullin, Richter & Hampton LLP, and Seattle-based Andreas Kaltsounis joined from a risk management firm; he handles data breach investigations.

Next generation lawyers

Melinda McLellan - Baker & Hostetler LLP

Will Daugherty - Baker & Hostetler LLP

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United States: Real estate

Construction (including construction litigation)
Construction (including construction litigation) - ranked: tier 3

Baker & Hostetler LLP

Laurin Quiat heads Baker & Hostetler LLP’s construction practice from the Denver office. The other key offices for the team are Houston, Orlando, Cleveland, Los Angeles, Seattle and Washington DC. Student housing is a key area of focus for the practice and it represents one of the largest national developers of student housing in drafting and negotiating design, construction and related contracts. Dispute resolution is the firm’s main strength and highlights in 2017 included Quiat representing 700 Dexter in a lawsuit brought by the client against BioMed under the terms of a contract for the purchase of an $18m property in Seattle, and Quiat defending longstanding client Oatey against a laborer’s claim alleging that he developed lung cancer as a result of substances in the client’s cement. The team also has a number of transaction specialists spread across the country, including Penny Pittman Cobey in Los Angeles, Eben Clark in Denver and Dean Hunt in Houston.

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United States: Tax

International tax
International tax - ranked: tier 4

Baker & Hostetler LLP

Baker & Hostetler LLP is well versed in transfer pricing, tax treaty, inversion regulations and foreign tax credit issues, as well as in tax controversy. The international tax practice is based in Washington DC, with Paul Schmidt, John Bates and John Lehrer as the main contacts. Other partners are based in New York, Philadelphia and Denver.

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US taxes: non-contentious
US taxes: non-contentious - ranked: tier 6

Baker & Hostetler LLP

Baker & Hostetler LLP’s multi-office tax group covers private equity and real estate investment tax, as well as SALT and internal tax restructurings during the course of transactions. Private wealth, employee benefits and tax-exempt entities are other areas of focus. Washington DC-based partners Paul Schmidt and John Bates assisted a client with its potential exit from an investment in a Luxembourg fund and further advised it on the tax consequences of its business relocation to China. Another highlight was the structuring of international permanent establishment and pricing arrangements related to a SaaS delivery for a different client. Mark Lange joined the Atlanta office from Holland & Knight LLP in April 2017.

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United States

Offices in Washington DC, Orlando, Houston, Denver, Columbus, Cleveland, Cincinnati, Los Angeles, Costa Mesa, New York, Chicago, Atlanta, Seattle, and Philadelphia

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