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Baker & Hostetler LLP

2929 ARCH STREET, CIRA CENTER, 12TH FLOOR, PHILADELPHIA, PA 19104-2891, USA
Tel:
Work +1 215 568 3100
Fax:
Fax +1 215 568 3439
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 team acts for plaintiffs and defendants in cases involving the full range of anti-competitive practices. Gregory Commins, practice head Robert Abrams, Robert Brookhiser, Danyll Foix and others represented Caterpillar as one of the co-defendants in litigation involving a number of claims made by the plaintiff (an importer of Chinese-made heavy equipment), including monopolization, exclusive dealing and group boycott. In addition to standalone business-to-business antitrust actions, it assists with class actions and MDLs, as well as contentious merger-related work. John Fornaciari, Robert Disch and Carey Busen are names to note in Washington DC, along with Commins, Abrams, Brookhiser and Foix. New York-based Torello Calvani, who made partner in 2016, and Columbus-based Mark Hatcher are also recommended.

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United States: Dispute resolution

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

Baker & Hostetler LLP

Baker & Hostetler LLP’s large nationwide practice is led by John Carney and George Stamboulidis in New York and Steven Dettelbach in Cleveland. Other key figures include New York’s Lauren Resnick and Washington DC-based Jonathan Barr. The firm acted for Caterpillar and its subsidiary Progress Rail in a criminal investigation concerning fraud and environmental matters, and is advising a Fortune 50 company in an internal FCPA investigation. It also represented several high-ranking employees of an international retailer in connection with an SEC FCPA investigation.

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International arbitration
International arbitration - ranked: tier 4

Baker & Hostetler LLP

Highlights for the ‘first-rate’ practice at Baker & Hostetler LLP include representing the Maltese majority shareholder of Meinl Bank (Austria) in a €200m ICSID investor-state claim against Austria and acting for several tobacco company clients in a longstanding arbitration, allocating payments exceeding $1.6bn among 22 states, heard under the Tobacco Litigation Master Settlement Agreement. The ‘very able, experienced and diligent’ Mark Cymrot heads the team, which includes Kenneth Reisenfeld. All named lawyers are based in Washington DC.

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International litigation
International litigation - ranked: tier 3

Baker & Hostetler LLP

Baker & Hostetler LLP advises multinationals, sovereign governments, international organizations, and private investors on a variety of international disputes. The firm serves as court-appointed counsel to the Securities Investor Protection Act (SIPA) trustee for the liquidation of Bernard L Madoff Investment Securities, working on the global investigation of the Madoff Ponzi scheme and related litigation seeking recovery for the BLMIS Customer Fund. It is also advising the Office of the High Representative for Bosnia and Herzegovina on an immunity dispute. Mark Cymrot in Washington DC and Gonzalo Zeballos in New York are recommended.

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International trade
International trade - ranked: tier 4

Baker & Hostetler LLP

Baker & Hostetler LLP’s five-partner team is active across the spectrum of international trade matters, including trade remedies and customs work. The team was bolstered on the economic sanctions front by the arrival of co-head Kerry Scarlott in January 2016 from Goulston & Storrs, who brings a wealth of expertise in compliance matters for clients across a range of sectors, including aerospace and defense. Co-head Melvin Schwechter recently assisted a logistics company with economic sanctions issues, including advising on the preparation of a voluntary self-disclosure submission to OFAC. The ‘composed and knowledgeable’ John Burke has vast experience in trade remedies matters and, alongside Michael Snarr, recently achieved some excellent results for Electrolux in several anti-dumping administrative reviews conducted by the DOC.

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

Baker & Hostetler LLP

Baker & Hostetler LLP has ‘excellent knowledge of defense representation, good depth in the team and skills that inspire confidence’. In New York, experienced litigator Geoffrey Coll has over 20 years’ experience in class actions, and clients praise the ‘knowledge and desire to win’ of Marc Powers and the ‘strong work ethic’ of associate Jonathan Blattmachr. Coll represented trustees of Virtus Opportunities Trust in a $100m class action alleging misrepresentation of the performance of investment strategies by mutual funds. Jessie Gabriel is an up-and-coming name.

Next generation lawyers

Jessie Gabriel - Baker & Hostetler LLP

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United States: Industry focus

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

Baker & Hostetler LLP

Contractual disputes and administrative proceedings form the bulk of Baker & Hostetler LLP’s litigation work. It receives a steady flow of cases concerning oil and gas leases, joint venture and exploration agreements, drilling contracts and oil spill issues. Mark Barron represented the Independent Petroleum Association of America and Western Energy Alliance in a challenge to the validity of the Bureau of Land Management’s final regulations to govern hydraulic fracturing on federal and Native American lands. The firm subsequently obtained a preliminary injunction, blocking the Bureau of Land Management from implementing the rules. The practice co-heads are Martin Booher in Cleveland, Poe Leggette in Denver and Ray Whitman in Houston.

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Environment: litigation
Environment: litigation - ranked: tier 4

Baker & Hostetler LLP

Providing ‘excellent advice in a timely manner’, the lawyers at Baker & Hostetler LLP have ‘a great depth of knowledge’ and are ‘thorough and reasoned in their research and advice’. The team is adept at handling the full gamut of environmental issues, including CERCLA cost recovery, CWA and wetlands issues, air compliance and multi-party defense litigation. Robert Steinwurtzel heads the practice from Washington DC, where Andrew Grossman is also recommended, particularly for high-stakes litigation before the Supreme Court and the courts of appeals. Cleveland-based Martin Booher is ‘practical, intelligent and extremely knowledgeable about the arcana of environmental law’; he recently represented Big River Steel in a CAA lawsuit filed by Nucor, successfully defeating an attempt to revoke an air permit issued to the client at both district court and appellate level. Other highlights included defending the Port of Portland in a major CERCLA natural resource damages matter, and acting for Westmoreland Resource Partners in a mitigation dispute against the EPA.

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Sport
Sport - ranked: tier 4

Baker & Hostetler LLP

Baker & Hostetler LLP covers a range of transactional and dispute matters for competitors and leagues. In Atlanta, Ronald Gaither (a new hire from Schiff Hardin LLP) represents MLB (a client of the firm for almost a century) and the Atlanta Braves in a personal injury case concerning a foul ball that entered the stands at Turner Field. Columbus’ Jack Bjerke specializes in motorsports; he advises Rahal Letterman Lanigan Racing and Indy Lights promoter Anderson Promotions, as well as well-known drivers. In the construction space, Orlando-based practice head Gregory Lee advises the Orlando Magic on a development surrounding its arena.

Next generation lawyers

Ronald Gaither - Baker & Hostetler LLP

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United States: Intellectual property

Copyright
Copyright - ranked: tier 4

Baker & Hostetler LLP

Baker & Hostetler LLP’s team has remarkable expertise in the music industry, but also regularly works for clients from the wider media and entertainment industry and the technology sector. Practice head Oren Warshavsky in New York successfully represented Freeplay Music in disputes with several multi-channel networks, while Dennis Loomis in Los Angeles has been engaged by ReDigi to handle its appeal to the Second Circuit challenging a summary judgment of copyright infringement in its dispute with Capitol Records.

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

Baker & Hostetler LLP

Baker & Hostetler LLP’s ‘group of skilled attorneys’ has a strong track record in courts across the US and has notable expertise in ANDA litigation. Daniel Goettle co-heads the practice from Philadelphia, focusing on computer science and electrical engineering-related cases, and USPTO practitioner Kevin Kirsch is the key figure in Cincinnati. In one highlight, Goettle represented Microsoft in an eight-patent infringement case filed by Global Touch Solutions alleging infringement on various tablet devices and Nokia smartphones. The firm also defended Caterpillar against a suit brought by ESCO Corp, which alleged infringement of tools used in large mining equipment.

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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 has a multi-skilled patent group handling prosecution for clients in industries ranging from pharmaceuticals and medical devices to manufacturing and telecoms; it also represents clients such as Saudi Basic Industries Corporation in patent appeals and IPR proceedings before the PTAB. Washington DC-based Kenneth Sheehan and Robert Hails, Seattle-based Michael Stein, and Philadelphia-based David Farsiou are the main 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

Houston-based Edward Friedman and Joyce Ackerbaum Cox in Orlando lead Baker & Hostetler LLP’s group, which acts for corporates and individuals in employment-related matters. Highlights included representing M-I Swaco in a case of first impression under the Texas Uniform Trade Secrets Act and handling misappropriation of trade secrets and non-compete claims for employees.

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United States: Labor and employment

Employee benefits and executive compensation (transactions)
Employee benefits and executive compensation (transactions) - ranked: tier 5

Baker & Hostetler LLP

Baker & Hostetler LLP handles transactional-related compensation issues from its Ohio offices, spearheaded by Raymond Malone and Georgeanne Peters. The former led the advice on longstanding client Scripps’ digital media purchases, while Peters assisted TRW Automotive with the liquidation of its existing deferred compensation arrangement and the implementation of a new one after its acquisition by ZF Friedrichshafen. The firm also represents clients in the healthcare sector, including Trinity Health, Cardinal Health, and OhioHealth.

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Employee health and retirement plans
Employee health and retirement plans - ranked: tier 5

Baker & Hostetler LLP

Georgeanne Peters and Raymond Malone lead the employee benefits and executive compensation practice at Baker & Hostetler LLP and provide advice relating to all types of retirement, health, welfare and savings plans. New client Red Lobster benefited from Susan Lubow’s advice on the establishment of new retirement and welfare plans following its spin-off from Darden, while John McGowan and John Boyd advised the Kaiser Foundation on the restructuring of its individual benefit distribution channels to comply with the ACA. The practice is spread across the firm’s Cleveland and Columbus offices.

Next generation lawyers

Susan Lubow - Baker & Hostetler LLP

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Immigration
Immigration - ranked: tier 4

Baker & Hostetler LLP

In 2016, Baker & Hostetler LLP significantly boosted its practice with the hire of immigration specialist James Levine, who joined the Atlanta office from Dentons. The firm advises across the full scope of issues, including temporary work visas, permanent residency visas and compliance audits, and clients include major names within the IT, healthcare, engineering and sports industries. Among the firm’s recent work, it has represented IndyCar and Nascar drivers and support professionals in visa and green card matters. Columbus-based litigator Matthew Hoyt leads the department and has strong experience in employment law and contentious matters, as well as traditional business immigration matters.

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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

Trade secret litigation and FLSA wage and hour class and collective actions are Baker & Hostetler LLP’s core strengths. Houston-based Edward Friedman represented M-I Swaco in a complex non-compete invalidation action against a former employee, which also included a breach of contract and trade secret misappropriation counterclaim against the plaintiff and the client’s competitors. The case was heard before the Supreme Court of Texas and provided a statement of opinion to support the inevitable disclosure doctrine, ruling that under the Texas Uniform Trade Secrets Act, a competitor’s representatives may be excluded from an injunction hearing if trade secret testimony is being heard. The firm also acts for companies in the IT, transport and retail sectors. Washington DC-based David Grant heads the practice and other key figures include Kevin Shaughnessy in Orlando, Drew Tipton in Houston and Los Angeles-based Margaret Rosenthal. Eric Barnum joined the Atlanta office from Schiff Hardin LLP. S. Jeanine Conley is now with Littler Mendelson, P.C..

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

Baker & Hostetler LLP

Baker & Hostetler LLP handles diverse mandates, ranging from NLRB proceedings to labor contracts and election campaigns. Daniel Guttman provides ongoing statewide advice to the administration of Ohio Governor John Kasich on its unionized workforce and recently negotiated contracts with several organizations, including the American Federation of State, County and Municipal Employees, which is involved in an ongoing arbitration action against the State of Ohio, together with the Ohio Civil Service Employees Association, challenging the state’s privatization of food service operations in prisons. Other clients include media, transport and healthcare employers. Jay Krupin and Patrick Muldowney co-head the practice. Marc Antonetti, Paul Rosenberg, David Grant and Thomas Seger are also noted along with Todd Dawson, Ronald Linville and recently promoted partners Jennifer Edwards and Peter Fischer. Attorneys are based in Cleveland, Columbus, New York, Orlando and Washington DC.

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United States: M&A/corporate and commercial

Corporate governance
Corporate governance - ranked: tier 2

Baker & Hostetler LLP

Baker & Hostetler LLPmakes every effort to engage with clients and understand their issues’. The firm serves as securities compliance and related governance counsel to Enbridge Energy Partners, which it advised on its $1.6bn public offering of senior unsecured notes. It successfully defended Guaranty Bancorp and its board of directors against an attempt to enjoin its shareholders from voting on a proposed acquisition and represented FirstMerit Bank in litigation concerning a proposed merger. Other clients include Ferro Corporation and Chesapeake Utilities Corporation. Robert Weible heads the practice from Cleveland, where his colleagues include Suzanne Hanselman and Steven Dettelbach. Other key figures include Columbus-based Robert Rupp and Atlanta-based James Rawls. The firm is also well staffed in Denver, New York and Orlando.

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M&A: middle-market ($500m-999m)
M&A: middle-market ($500m-999m) - ranked: tier 3

Baker & Hostetler LLP

Baker & Hostetler LLP is highly rated for its advice on deals involving the automotive, aerospace and chemical sectors, healthcare clients, including hospital groups and medical device manufacturers, media and technology companies, oil and gas and energy businesses, and private equity firms. Recent highlights include advising longstanding client The EW Scripps Company on its acquisition of Midroll Media, the largest podcast sponsorship network. It also acted for longstanding client TransDigm in the $1bn acquisition of ILC Holdings from Behrman Capital and in its approximately $325m cash acquisition of PneuDraulics. Other highlights included advising new client Barnes & Noble Education, which spun off from Barnes & Noble, on an asset acquisition of LoudCloud Systems (LCS), including a cross-border stock acquisition of an Indian subsidiary of LCS. Other notable clients include Blue Point Capital Partners, Cyprium Investment Partners and Dow Jones. In Cleveland, firm-wide business group chair John Gherlein is recommended, as are transactions team co-heads Ronald Stepanovic and New York-based Steven Goldberg.

Leading lawyers

Steven Goldberg - Baker & Hostetler LLP

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United States: Media, technology and telecoms

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

Baker & Hostetler LLP

Data protection and data breach response - ranked: tier 2

Baker & Hostetler LLP

Data breach response is what the team at Baker & Hostetler LLP is best known for, having handled 350 incidents in 2016. Practice head Theodore Kobus in New York, Cincinnati-based Craig Hoffman and Will Daugherty in Houston acted as incident response counsel to clients including Madison Square Garden, O’Charley’s, Landry’s, AXA Financial and Whole Foods regarding payment card data security incidents. The team is experienced in representing companies in investigations by the FTC and state attorneys general. Carol Van Cleef joined the Washington DC office in November 2016 from Manatt, Phelps & Phillips, LLP, bringing expertise in fintech, regulatory compliance and incident response and preparedness. Elsewhere, Cincinnati-based Pat Haggerty was promoted to the partnership and Tanya Forsheit departed for New York firm Frankfurt Kurnit Klein & Selz PC. Melinda McLellan is another key team member.

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

The national construction practice at Baker & Hostetler LLP is headed from Denver by Laurin Quiat, but it also has a considerable presence in Houston and Orlando, as well as experts in Los Angeles, Seattle, Washington DC and Cleveland. The firm has historically been focused on dispute resolution, but Penny Pittman Cobey in Los Angeles has developed the transactional side of the group since joining in 2015. Social infrastructure projects have been a growing area and Cobey led the team’s representation of the City of Davis in the construction of a wastewater treatment plant worth over $100m. On the disputes front, the group advises on public projects such as hospitals and flood walls; Orlando lawyers Dennis Durkin and Michael Vitale led the advice to general contractor David Boland in its claims against the prime subcontractor for the delay of a flood wall construction in Louisiana. Other key names include Brian Blair and Barron Avery, who are based in Orlando and Washington DC respectively.

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United States: Tax

International tax
International tax - ranked: tier 4

Baker & Hostetler LLP

The international tax team at Baker & Hostetler LLP in Washington DC principally comprises four partners and two associates handling M&A transactions, restructurings, transfer pricing as well as tax treaty and controversy matters. Other partners are located in Denver, Philadelphia and New York. Department head Paul Schmidt, John Bates and John Lehrer are the key figures.

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

Baker & Hostetler LLP

Baker & Hostetler LLP’s standalone tax team can draw on its lawyers’ experience in public posts, to provide comprehensive tax advice on local and state tax issues governing private wealth, non-profit organizations, executive compensations and transactions. In a key matter, it advised a longstanding multinational client on tax issues related to the purchase of a corporation. Paul Schmidt leads the group and is ably supported by John Bates and Jay Nanavati.

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Further information on Baker & Hostetler LLP

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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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