The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Baker & Hostetler LLP

WASHINGTON SQUARE, SUITE 1100, 1050 CONNECTICUT AVENUE, NW, WASHINGTON, DC 20036-5304, USA
Tel:
Work +1 202 861 1500
Fax:
Fax +1 202 861 1783
Web:
www.bakerlaw.com

United States: Antitrust

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

Baker & Hostetler LLP

Baker & Hostetler LLP’s antitrust practice is noted for its strong East Coast and Midwest coverage. The Washington DC office was particularly active of late, and highlights included representing Caterpillar in private litigation brought by a would-be importer of Chinese-made construction equipment alleging a conspiracy to block the importer from obtaining online distribution; Gregory Commins led. In Philadelphia, Carl Hittinger continues to defend the Deseret News Publishing Company in a case involving the alleged creation of a monopoly in the Salt Lake City newspaper market. The ‘very strong group of attorneys that has a long history of working together’ also includes Lee Simowitz, Robert Brookhiser, who is lauded for his ‘considerable expertise’, and national practice head and ‘strong attorneyRobert Abrams.

[back to top]

United States: Dispute resolution

International trade
International trade - ranked: tier 4

Baker & Hostetler LLP

Led out of Washington DC by the ‘excellentMelvin Schwechter, Baker & Hostetler LLP’s five-partner team has experience across a range of trade disputes, economic sanctions, export controls and customs issues. Led by the ‘experienced, articulate and knowledgeableElliot Feldman and the ‘talented and smartMichael Snarr, the firm is representing Siemens Energy, as lead counsel for all importers of utility scale wind towers in a countervailing and anti-dumping case before the US ITC and in subsequent appeals.

[back to top]

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

Baker & Hostetler LLP

Baker & Hostetler LLP expanded its New York team, bringing in Geoffrey Coll from Schiff Hardin LLP who brings 20 years of experience in class actions. He is acting for trustees of Virtus Mutual Funds in an SEC investigation. Marc Powers continues to be a significant player in the securities field, and he, Jessie Gabriel and Dean Hunt advised the CEO of Geophysical Technology on a class action relating to annual and quarterly financial statements. Also recommended is Mark Kornfeld, who is representing BlackRock Advisors.

[back to top]

White-collar criminal defense
White-collar criminal defense - ranked: tier 5

Baker & Hostetler LLP

Baker & Hostetler LLP’s ‘top-notch’ nationwide practice is led from New York by John Carney and George Stamboulidis. With fellow New York lawyer Lauren Resnick, Stamboulidis advised Caterpillar and its subsidiary Progress Rail on a criminal investigation of the latter regarding alleged fraud and environmental crimes. He also serves as ethical practices attorney for a construction union and is responsible for tackling corruption and the influence of organized crime. Carney’s highlights included advising the receiver of Michael Kenwood Capital Management following the conviction of the principal for securities and wire fraud. The firm’s anti-bribery work includes handling internal FCPA investigations for numerous clients.

[back to top]

United States: Industry focus

Energy: litigation
Energy: litigation - ranked: tier 3

Baker & Hostetler LLP

Baker & Hostetler LLP has a long history in litigation and oil and gas is a core focus for the firm. Recent work involved defending Cameron in a faulty equipment claim against Stena DrillMAX; Houston-based Richard Stilwell led the representation of the oil well equipment company in a case involving product liability, insurance subrogation and indemnity issues. Denver-based Poe Leggette and Houston-based Ray Whitman- who head the team with Cleveland’s Martin Booher - assisted the Independent Petroleum Association of America and the Western Energy Alliance with challenging the Bureau of Land Management’s imminent rules on hydraulic fracturing by obtaining a preliminary injunction against the final rule. Also on the defense side, Leggette represented oil and natural gas exploration and production company Bill Barrett Corporation in a breach of contract case brought by a royalty owner. Michael Joy joined the Denver office from Reed Smith LLP.

[back to top]

United States: Intellectual property

Copyright
Copyright - ranked: tier 5

Baker & Hostetler LLP

Baker & Hostetler LLP is best known for its work in the music industry, but the copyright practice also works with clients from the wider media and entertainment industry, as well as the technology sector. Practice head Oren Warshavsky in New York has been representing Freeplay Music as plaintiff in disputes with several multi-channel networks. Katrina Quicker in Atlanta continued to act as co-counsel to the Board of Regents of the University System of Georgia in a dispute with several academic publishers regarding the practice of distributing book excerpts to students without paying licensing fees. Other clients include Blackheart Records, NJJ Music and TuneSat.

[back to top]

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

Baker & Hostetler LLP

Baker & Hostetler LLP saw a significant increase in team strength following its merger with IP boutique Woodcock Washburn. In Washington DC, William Bergmann and Michael Anderson acted for Booz Allen Hamilton in patent infringement and trade secret litigation concerning healthcare management patents; Palo Alto-based John Donohue defended L-3 Communications in an infringement action brought by Power Survey Company; and Daniel Goettle is acting for Hewlett-Packard in a multi-patent suit brought by Audio MPEG. John Weber heads the national IP group, and Kevin Kirsch and Gary Levin are the leading figures in Ohio and Philadelphia respectively.

[back to top]

Patents: prosecution (including re-examination and post-grant proceedings)
Patent: prosecution (including re-examination and post-grant proceedings) - ranked: tier 5

Baker & Hostetler LLP

Barry Bretschneider at Baker & Hostetler LLP is recommended for his experience in all forms of post-grant proceedings. The team acted for Saudi Basic Industries Corporation in a number of matters before the PTAB, including patent appeals and an IPR proceeding. On the patent prosecution front, a recent highlight saw Steven Samuels handling the worldwide patent prosecution for one Microsoft patents and applications portfolio, related to its exFAT file system technology. Seattle-based Michael Stein and Philadelphia-based Joseph Lucci are also key names to note. The group has a presence in Atlanta, Chicago, Cincinnati, Orange Country and Washington DC.

[back to top]

United States: Labor and employment

Employee benefits and executive compensation
Employee benefits and executive compensation - ranked: tier 5

Baker & Hostetler LLP

Baker & Hostetler LLP’s workload includes transaction-related employee benefits matters as well as day-to-day plan management. Columbus-based Georgeanne Peters advised Red Lobster, a new client and recently spun-off from Darden Restaurants, on benefit plans including 401(k) schemes for general employees and executive compensation. In Cleveland, John McGowan’s expertise includes multi-employer plans and the PPACA. Raymond Malone (also in Cleveland) advises on the benefits and compensation aspects of transactions, ERISA plan terminations and executive compensation. Malone and Peters jointly lead the practice.

[back to top]

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’s national practice includes offices in Washington DC, Orlando, Chicago, Cleveland, Los Angeles and Columbus. David Grant leads the team from Washington DC and is a leading figure with Orlando’s Kevin Shaughnessy, who specializes in class actions. Los Angeles-based Margaret Rosenthal formed part of the team that decertified a class of over 200 former and current assistant store managers on behalf of Host International, after a former assistant store manager filed a putative collective action for allegedly being misclassified as exempt from the FLSA overtime compensation and minimum wage requirements. The department was also active in single-plaintiff matters involving age, disability and race discrimination, wrongful termination, breach of contract, and retaliation claims. New York’s Paul Rosenberg, Cleveland’s Jeffrey Vlasek and Columbus’ Jennifer Edwards were promoted to the partnership. Tracey Ellerson now works in-house at Brambles.

[back to top]

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

Baker & Hostetler LLP

With a focus on workplace relationships, Baker & Hostetler LLP handles negotiations, arbitrations, and proceedings before the NLRB. Jay Krupin, who heads the practice with Orlando-based Patrick Muldowney, represented the owners of 12 non-unionized New York City hotels that brought a lawsuit against an AFL-CIO subsidiary, the Hotel Association of NYC, and Interstate Hotels & Resorts for allegedly embarking on a unionization scheme to implement a multi-employer collective bargaining contract; Marc Antonetti and recently promoted New York partner Paul Rosenberg also worked on the case. David Grant and Cleveland-based Thomas Seger are key contacts. Ana Salper moved to the NYU Langone Medical Center and Ellen Shadur Gross joined Gipson Hoffman & Pancione. Unless stated otherwise, all practitioners are Washington DC based.

[back to top]

United States: M&A/corporate and commercial

Corporate governance
Corporate governance - ranked: tier 2

Baker & Hostetler LLP

Baker & Hostetler LLP’s corporate governance and securities team is led by Cleveland lawyer Robert Weible, who advised the conflicts committee of Memorial Production Partners on the $142m ‘dropdown’ acquisition of assets from Memorial Resource Development, which involved various concerns relating to pricing and fiduciary responsibility. Other clients in the energy sector include Enbridge Energy Partners, an MLP, which Houston’s Laura McMahon advised on the sale of an interest in an operating subsidiary to Midcoast for $350m. Highlights for the Atlanta-based David Brown included advising a client on corporate governance issues related to a major cross-border combination that created an entity with an estimated value of $31bn. Orlando’s Jeffrey Decker assisted Chesapeake Utilities Corporation with its acquisition of Gatherco, including advising the board and management team on approval requirements, fiduciary duty and other corporate governance matters. And Decker and Jason Brady acted for Pine Court Holdings in a series of transactions involving challenging corporate governance issues.

[back to top]

M&A: middle-market (sub-$500m)
M&A: middle-market (sub-$500m) - ranked: tier 1

Baker & Hostetler LLP

Baker & Hostetler LLP is primary M&A counsel to TransDigm Group, and recently advised the client on several significant matters, including the cross-border acquisition of Telair Cargo Group. Large deal highlights saw the team advising the franchise relationship committee of Coca-Cola Enterprises’ board of directors on the combination of Coca-Cola Enterprises, Coca-Cola Iberian Partners and Coca-Cola Erfrischungsgetränke to form Coca-Cola European Partners; the complex transaction established the world’s largest independent Coca-Cola bottler based on net revenues. It also acted for The E.W. Scripps Company in its merger with Journal Communications and on the subsequent spin-off of the combined business’ newspapers. The firm-wide business group chair is Cleveland-based John Gherlein, who has acted on several acquisitions in the aerospace industry; the transactions team leaders are Steven Goldberg in New York, who primarily handles private equity matters, joint ventures and strategic investments, and Ronald Stepanovic in Cleveland, who has particular experience in the acquisition and disposition of privately held companies by private equity funds. Atlanta-based Emily Crosby, who typically works with healthcare clients on transactional matters, joined the firm from Community Health Systems. Also in Atlanta, the firm welcomed former McKenna Long & Aldridge attorneys Clayton Coley - who focuses on representing public and private companies in regulated industries, including financial services, healthcare and technology - and David Brown - who advises clients on the acquisitions of strategic targets in the US and South America. In New York, Rajiv Khanna joined from Sidley Austin LLP; he focuses on domestic, cross-border, and multi-jurisdictional M&A transactions.

Leading lawyers

Steven Goldberg - Baker & Hostetler LLP

[back to top]

United States: Media, technology and telecoms

Cyber law
Cyber law - ranked: tier 2

Baker & Hostetler LLP

Theodore Kobus heads up the practice at Baker & Hostetler LLP, which recently welcomed Will Daugherty as counsel to the Houston office from an in-house position at GameStop. Elsewhere, Amy Fouts and counsel Vimala Devassy joined the Atlanta office, and Paulette Thomas joined the Cincinnati office as counsel. The new hires bring expertise in incident response preparedness, healthcare, regulatory matters, and HIPAA compliance. Significant recent work includes assisting with data breaches suffered by Blue Cross Blue Shield.

[back to top]

Technology: data protection and privacy
Technology: data protection and privacy - ranked: tier 2

Baker & Hostetler LLP

The well-regarded Theodore Kobus leads Baker & Hostetler LLP’s team and is recommended for his ‘attentiveness, knowledge of the regulators and ability to provide guidance through all stages of an incident, from discovery to litigation - and everything in between’. Craig Hoffman’s knowledge of the payment card industry is ‘incredible’ and overall the team is praised for its ability to ‘offer immediate and practical advice, including from the most senior partners on the team’. Will Daugherty joined as counsel in the Houston office from an in-house position at GameStop; the Atlanta office welcomed Amy Fouts, who joined from the now defunct McKenna Long & Aldridge along with counsel Vimala Devassy, and brings expertise in HIPAA compliance and incident response; and Paulette Thomas joined the Cincinnati office from her in-house corporate counsel role at Catholic Health Initiatives. Recent work includes acting for GameStop in winning the dismissal of privacy litigation alleging unlawful monitoring of online consumer behavior.

[back to top]

United States: Real estate and construction

Construction (including construction litigation)
Construction (including construction litigation) - ranked: tier 4

Baker & Hostetler LLP

Denver-based Laurin Quiat leads Baker & Hostetler LLP’s team, which has a background in government procurement and mainly assists sureties and general contractors working for US government agencies. It represents clients in state and federal courts on defect and delay claims in sectors ranging from traditional and renewable energy to road construction and manufacturing facilities. Robert Thielhelm is leading the defense of Siemens Energy in a multimillion-dollar civil action arising from the construction and assembly of a natural gas electricity generating unit in Texas. On behalf of Schuff Steel-Atlantic, Denis Durkin and Michael Vitale filed an $8.5m payment bond claim against the general contractor and its bond surety for unpaid amounts due for the construction of a shopping center in Sarasota. The pair have also been defending David Boland, Travelers Casualty and Surety Company of America in two consolidated federal Miller Act actions brought by a subcontractor in Louisiana seeking damages exceeding $20m. Brian Blair is also recommended. All attorneys are based in Orlando except where stated otherwise.

[back to top]

United States: Tax

International tax
International tax - ranked: tier 4

Baker & Hostetler LLP

The ‘outstanding’ department at Baker & Hostetler LLP is primarily based in the firm’s Washington DC office and commended for its ‘cutting edge’ experience. It advised a multinational private equity client on restructuring transactions involving a Chinese business prior to an IPO. The ‘commercially astute’ team includes Paul Schmidt, who has ‘a fantastic reputation’.

[back to top]

US taxes: non-contentious
US taxes: non-contentious - ranked: tier 8

Baker & Hostetler LLP

Baker & Hostetler LLP’s practice has a focus on state and local tax, private wealth, nonprofit organizations, executive compensation and transactional tax issues. Notable recent work includes advising a longstanding US-based client on tax structuring and post-acquisition structuring related to its acquisition by a multinational food ingredient company. Another matter involved advising a client on restructuring prior to an IPO. The 70-strong team is headed by Paul Schmidt, who handles tax controversy as well as international and transactional tax. James Mastracchio departed for Dentons, while associate Sarah Ma left for Katten Muchin Rosenman LLP.

[back to top]


Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Innovation & Thailand 4.0: Value Creation for Business using Trade Secrets

    Thailand 4.0 stands for the new stage to transform the country currently relying on heavy industries (3.0 stage) into a creativity and innovation-driven economy. Trade secrets are definitively value-based and could help pursing Thailand 4.0.
  • Novelties Introduced by the Movable Pledge Law

    As of January 1, 2017, Law No. 6750 on Pledge over Movable Assets in Commercial Transactions (“Movable Pledge Law “), which was enacted on October 20, 2016, entered into force and abolished Law No.1447 on Commercial Enterprise Pledge (“Commercial Enterprise Pledge Law “). The Movable Pledge Law introduces significant changes and offers more practical methods for establishing pledge over movable assets as explained below.
  • Determination of Injury in Anti-Dumping Investigations: Turkey’s Side of the Story

    I - Introduction
  • Tax evasion: Only voluntary disclosure affords protection from severe penalties

    Anyone who has been caught for tax evasion should expect to be faced with severe penalties. Voluntary disclosure is the only way of returning to a state of normal tax affairs and avoiding penalties.
  • Turkish Health PPP Projects

    The Turkish health sector has undergone major reforms over the past ten years as part of the health transformation program. The most important pillar of such program has been the development of public-private partnership (“PPP ”) model health campus projects. More than twenty health campus projects with an investment amount of more than € 10 billion have been developed through PPP model in Turkey. They are currently at different stages ranging from tendering to operation, and more than ten health PPP projects are still in the pipeline.
  • Infrastructure REIC: An Alternative Source of Funding for Infrastructure Projects

    With the start of operation in certain BOT and other PPP model infrastructure projects in Turkey, refinancing alternatives have become more attractive and diversified. Capital market instruments and institutions are likely to have a greater share in the refinancings of projects which have become operational and the construction risks have been removed. Over the last few years, the use of capital market instruments in the infrastructure financings have gained a new impetus with the introduction of various incentives and financing solutions in this aspect. Most recently, the removal of the 1/3 and 1/5 bond issuance limits for healthcare PPP projects on 18 February 2017 represented an important step towards incentivizing the use of bonds in the healthcare sector. In line with this overall strategy, the government has also adopted various measures to make the Real Estate Investment Companies (“REICs ”) more attractive for the financing/refinancing of infrastructure projects such as BOT, BLT and other PPP projects.
  • Ankara-Niğde Highway Project

    Tender process for 330 km Ankara-Niğde Highway Project has been launched by the General Directorate of Highways upon publication of the tender announcement in the Official Gazette on December 30, 2016.
  • Establishment of the Natural Gas Spot Market in Turkey

    In line with the government’s objectives to make Turkey a regional hub for natural gas trading, a natural gas spot market has been established by the Natural Gas Organized Wholesale Market Regulation published in the Official Gazette on 31 March 2017.
  • Philippine Court of Appeals Denies Issuance of Environmental Protection Order Against Mining Company

    In a decision issued on March 8, 2017, the Philippine Court of Appeals (CA) denied the petition by NGO Ang Aroroy ay Alagaan, Inc. and certain individuals, for the issuance of a writ of kalikasan against Filminera Resources Corporation, and its directors and officers. The petitioners have claimed that Filminera, which operates in the Philippine province of Masbate, had been causing environmental damage in the conduct of its mining operations in violation of local law, and that a writ of kalikasan should be issued.
  • LIS ALIBI PENDENS UNDER THE COUNCIL REGULATION (EC) NO 44/2001 ON JURISDICTIONAND THE RECOGNITION AN

    Lis Alibi pendens is Latin for ‘suit pending elsewhere .’ Both Articles 27 and 28 of the EU Regulation 44/2001 regulate the existence of lis alibi pendens and related judicial actions. In particular it is a doctrine that regulates the jurisdictional relationship of courts hearing concurrent proceedings involving the same or related causes of action between the same parties pending in the courts of different Member States.