The Legal 500

Within Project finance, tier 4

Baker & McKenzie’s ‘really strong’ eight-partner team, based in New York, Chicago and Washington DC, acts for a range of sponsor clients including A-Power Energy Generation Systems, Miracol Energy, OCI Chemicals, as well as lenders such as the Ontario Teachers Pension Plan. It has a good name in the renewables sector, and acted for Ethanol Europe Renewables, as borrower, in a project finance-related $128m senior-secured credit facility in Hungary. Ata Dinlenc represented A-Power Energy Generation Systems and its affiliates in its acquisition of a wind energy project site in Texas, which was notable for being a rare acquisition of a US wind farm site by a Chinese wind energy turbine manufacturer. Chicago-based Jose Moran led a team that represented a consortium of lenders including Banco de Sabadell Miami Branch on the financing of a wind-powered electrical energy-generating facility in Minnesota, which involved a non-recourse loan, an ITC bridge loan and a letter of credit facility. Chicago-based department head James O’Brien, and in New York ‘great all-rounder’ Janna Bellwin and Barry Metzger are also recommended.

Within Environment: litigation, tier 4

Baker & McKenzie has an ‘extraordinary’ full-service practice with experience in all areas of air, water and waste, as well as in the needs arising out of major environmental regulatory programs. Its client base includes multinational corporations across the industrial and manufacturing spectrum. Its recent highlights include working with the Gypsum Association in response to the EPA’s new coal ash rule, and with an energy corporation on Clean Water Act issues at several of the company’s expansion sites, as well as in citizen suit challenges. It has also acted as environmental counsel to a manufacturing company over EPA enforcement matters arising from two environmental incidents. The firm has an extensive nationwide and global presence in environmental law, with 200 environmental attorneys working in over 40 countries. John Watson is the chair of the practice, based in Chicago. Douglas Sanders is recommended for his ‘great environmental litigation skills and expertise’.

Within Healthcare: life sciences, tier 4

Baker & McKenzie’s life sciences group includes 23 partners solely or mainly focused on the area. The firm’s global reach has assisted in generating a flow of large international deals over the past year, and advice to multinationals on compliance with new universal jurisdiction legislation such as the UK Bribery Act. A Chicago-based team led the advice to Abbott Laboratories on its $3.7bn acquisition of Indian branded generics manufacturer Primaral Healthcare, a deal that involved 44 offices and required approval from Indian state government for land transfers. In capital markets, the New York office advised Fresenius Medical Care on a $962m dual currency offering of 6.50% senior unsecured notes.

Within Trademarks: non-contentious (full coverage), tier 4

Baker & McKenzie's trademark practice handles domestic and international work – something made feasible by the firm's impressive global network. The team is headed by chair of the North America IP group Kevin O'Brien from Washington DC, who focuses on various aspects of IP, including trademark, patent and copyright law. The 27-partner global IP group includes ten trademark experts. New York IP practice head Pamela Church and Dallas-based Nicole Emmons are recommended, with the latter having recently advised Deltek and Fogo de Chao on trademark portfolio matters. Other clients of the team include CEC Entertainment, Orthofix and The Lincoln Electric Company.

Within Employee benefits and executive compensation, Baker & McKenzie is a second tier firm,

Baker & McKenzie ‘has the deepest expertise in global equity compensation of any global firm, and there is generally no issue that is totally new to it’. Working within the firm’s global network, the EBEC team handles the spectrum of compensation, employment, pensions and labor law issues facing corporations in the US and around the globe, with the partners spread across the firm’s Chicago, San Francisco, Washington DC and New York offices. In Chicago Maura Ann McBreen, one of three partners who head the EBEC team, is ‘knowledgeable, able to give robust advice that also takes into account practical circumstances, succinct, flexible and personable’. She was the lead executive compensation and benefits counsel for Ecolab in its merger with Nalco Holding Company. The ‘very accessible’ Valerie Diamond in San Francisco, who has ‘great knowledge’, and David Ellis, in the Chicago office, complete the trio. Richard Reilly in New York has ‘extensive expertise in executive compensation matters’, and ‘excels at providing practical advice in an area that continually grows more complex’. Also in New York, Pia Flanagan is recommended for her expertise in the design, implementation and administration of qualified and non-qualified retirement plans. Sinead Kelly in San Francisco is also recommended.

Within Immigration, Baker & McKenzie is a second tier firm,

Baker & McKenzie provides compliance-driven immigration solutions. ‘The overall level of service is outstanding. The engagement team is very responsive, highly qualified and has done a great job for us’. ‘All attorneys have a deep understanding of immigration law and its practice in various locations around the world. They excel at identifying the key issues and devising appropriate solutions. They follow through and achieve closure’. ‘We chose the firm because it provided us with the best value’. The firm addresses immigration issues holistically, helping its clients to spot peripheral employment, tax and benefit issues and developed its Premier Immigration Service Model to provide transparent and compliance-driven immigration solutions, addressing the current trend of heightened regulatory scrutiny. It also has access to key decision-makers across the globe and substantial experience with the legislative and regulatory process for immigration policy. Recent work highlights include the continued representation of American Express across businesses, including in developing US and global visa solutions for executive and technical professionals, work authorization for transferring visa holders in M&A deals, compliance policy and best practice development for direct employees and supplier personnel, and the management of US permanent residency and post-residency transactions. The firm also continues to advise Caterpillar with regard to US and global immigration and related employment issues. Former executive associate commissioner and general counsel of the INS Paul Virtue recently testified before the US House of Representatives Committee on a US immigration and customs enforcement judiciary hearing. He and Carl Hampe are both held in high regard by clients and competitors alike. Elizabeth Stern, who is head of the firm’s global immigration and mobility practice group, and Betsy Morgan, who ‘makes herself very available to respond to any inquiry’, are also highly recommended. Investing in the practice group, the firm recently welcomed former sole practitioner and now of counsel Becki Young and Shannon Donnelly from Dickstein Shapiro.

Within Workplace and employment counseling, Baker & McKenzie is a third tier firm,

Baker & McKenzie is ‘outstanding on all levels’. The firm not only offers workplace and employment counseling nationally, but because of its international footprint, it prides itself on being able to offer a global perspective on employment issues. Clients attest that ‘I prefer it for overseas employment matters especially for depth of knowledge, breadth of coverage globally, responsiveness globally, and ease of management for global issues’. ‘If fellow in-house counsel ask me for a recommendation for employment lawyers with global expertise, I tell them to call this firm’. Other representative clients include Nike, Sony Pictures, Goldman Sachs, Southwest Airlines and Whirlpool. The firm also offers US and global compliance advice. Indeed over the last year, its lawyers have counseled close to 100 clients on global codes of conduct, hotlines, data privacy, and supply chain management issues, as well as assisted on significant and highly sensitive whistleblower investigations and litigation involving alleged revenue recognition, SOX, FCPA, antitrust, FDA and IP violations. Richard Hammett is head of the firm’s North America compensation and employment group. He is ‘very knowledgeable, responsive and provides actionable advice and counsel’. Cynthia Jackson and Ute Krudewagen are praised for their ‘depth of knowledge on employment and compliance matters, responsiveness and quality of guidance’. Brian Arbetter and Susan Eandi also have considerable experience in this field and are recommended. Douglas Darch and Robert Mignin also provide strategic labor and employment advice to help companies minimize employment law risks worldwide.

Within International arbitration, Baker & McKenzie is a third tier firm,

Baker & McKenzie has significant experience in high-end commercial matters, and continues to develop its investor-state expertise in emerging jurisdictions such as Russia, Brazil, China and Turkey. Recent work includes acting for Petrobras, the Brazilian state-owned oil company, in an ad hoc arbitration under UNCITRAL rules against KBR, concerning one of the largest offshore engineering, construction and procurement projects ever undertaken in Brazil; in September 2011 the tribunal found that KBR was liable for breach of contract and awarded Petrobras $200m in damages and arbitration costs. The team also represented Longreef in a $500m investment dispute regarding a claim for expropriation under the Venezuela-Netherlands bilateral investment treaty. In the energy and renewables sector, the group is representing Voith Siemens Hydro Power Generation in a contract dispute and ICC arbitration in Mexico City regarding a contract for the provision of turbines to a major hydroelectric project in Guatemala. Clients include Papua New Guinea and TolTest. Grant Hanessian leads the ‘very commercial and sensible’ team from the New York office, and Laurence Newman is highly regarded by peers.

Within International trade, Baker & McKenzie is a second tier firm,

With an exceptionally deep bench of 41 trade lawyers spread across five offices, Baker & McKenzie represents clients ranging from energy and resources companies to global corporations and technology firms. John McKenzie oversees the firm’s export controls and economic sanctions practice. He recently advised two US clients on customs compliance issues arising from an audit by a government agency, and on OFAC regulations concerning several acquisitions. On the FCPA front, the firm called upon Richard Dean and the resources of its international commerce and M&A group in acting as compliance consultant for Panalpina following an investigation by the Department of Justice. The firm’s international reach is exemplified by Nick Coward’s representation of several clients in export control matters centered around Hong Kong, China and the EU. Washington DC-based Kevin O’Brien oversees the trade remedy affairs group, which includes ‘conscientious and hardworking’ associate Diane Macdonald, who is praised for her ‘unparalleled knowledge in the areas of dumping and customs’; the ‘superb’ duo recently helped NTN Corporation successfully challenge the US government’s attempt to increase the dumping margin on Japanese ball bearings, in the US Court of Appeals for the Federal Circuit.

Within Technology: data protection and privacy, Baker & McKenzie is a second tier firm,

Baker & McKenzie’s clients appreciate attorneys’ ‘professional expertise’ and ‘practical approach to balancing risk and reward’. Led by Brian Hengesbaugh in Chicago and Lothar Determann in Palo Alto, the firm’s global platform and resources enable the group to handle major cross-border mandates, advise global corporates on complex privacy and information management, provide transactional support and deal with multi-jurisdictional security breaches. Hengesbaugh’s ‘high level of up-to-date knowledge’ supports his superb market reputation for handling cross-border data transfers, breach notification obligations, e-monitoring, e-discovery and consumer protection. He undertakes sourcing and corporate transactions, global database and technology implementations, as well as privacy-related litigation and government investigations. Determann, who is recommended for his ‘focused responses and practical, business-savvy advice’, handles registration of US-based multinational companies for the EU-US Data Privacy Safe Harbor and related data protection and security compliance. In Chicago, Michael Mensik specializes in outsourcing and data protection; David Clanton handles FTC matters; Peter George advises on social media mapping; and Cynthia Jackson advises on employee whistle-blower hotlines. Pia Flanagan in New York provides ongoing advice to True Value Company on its HIPAA privacy and security requirements. A prestigious client list features Bank of America, Nike, Priceline.com, Qualcomm, VMWare and Yelp!.

Within Technology: outsourcing, Baker & McKenzie is a second tier firm,

Baker & McKenzie’s ‘competent, conscientious’ outsourcing practice is supported by the firm’s global presence and represents providers and customers. The practice group is recommended for its ability to ‘translate legal constructs and jargon from different countries into understandable, concise opinions’ and blends outsourcing expertise with other technology practices, such as data protection and privacy. Attorneys have an excellent market reputation for handling high-end, complex deals and win plaudits as ‘trusted partners who set a competitive standard in cutting-edge deals’. Practice head Michael Mensik in Chicago combines valuable expertise in outsourcing and data privacy and is valued as ‘a proficient adviser with a solid business understanding’. Peter George routinely counsels providers and users in domestic and multijurisdictional outsourcing and offshoring transactions covering managed IT services and ERP-related deals. Clients recommend him as ‘intelligent, reasonable, pleasant and highly skilled in negotiations’. In New York, Edward Hansen wins plaudits as ‘a pioneer in this space’, handling complex, business-critical technology outsourcing transactions. Lothar Determann in Palo Alto specializes in software licensing and IP relating to technology related transactions and contracts. A prestigious client list includes Estée Lauder, Cardinal Health and Hewlett-Packard. New client wins include Boston Scientific.

Within Technology: transactions, Baker & McKenzie is a second tier firm,

Baker & McKenzie’s size, global reach and the strength of its prominent corporate practice wins it significant clients and mandates. Led by Michael Mensik, Samuel Kramer and Peter George in Chicago and Edward Hansen in New York, the US practice focuses on transformational transactions involving IT, business process outsourcing and systems acquisitions. The team ‘understands the key issues, balances the legal and business needs and has the resources to understand numerous issues and markets’. It represents vendors and customers involved in complex ERP and systems integration projects, custom software development, outsourcing, licensing and distribution agreements, representing Motorola Solutions in the spin-off of its mobile devices division and advising a global fast food franchise on its global ERP and database license agreements. Cloud computing and sectoral compliance are key issues. Clients recommend Kramer as ‘a clear and calm negotiator and a pleasure to work with’. Hansen is ‘an asset to the industry’. Lothar Determann in Palo Alto wins praise for his ‘focused, practical, business-savvy advice’ to multinational companies and start-ups. High-profile clients include The Estée Lauder Companies, Universal Music Group, Hewlett-Packard and Wells Fargo.

Within Antitrust, tier 6

At Baker & McKenzie, ‘the lawyers always value their clients’ time and truly have their best interests at heart’. The firm has a very strong global antitrust practice and national coverage of the US, with antitrust practitioners in Chicago, Miami, New York, Washington DC, San Diego and San Francisco. Running the full gamut of antitrust activities, the team also has a strong focus on the healthcare sector, where it recently handled a merger review for Sanford Health; antitrust litigation work for CareCore National; and merger clearance work for Fresenius Medical Care’s proposed acquisition of Liberty Dialysis. Outside the healthcare industry, work highlights included representing ENSCO in a DOJ investigation of the $7.3bn merger between ENSCO and Pride International, to form the second largest offshore oil-drilling company; and acting for leading mobile chipset provider Innofidei in litigation alleging global monopolization. The US antitrust group is led by Washington DC’s David Clanton. In Chicago, Roxane Busey is hailed as ‘outstanding’ and ‘always well prepared’. The firm recently benefited from three arrivals in the Washington DC office; Stephen Harris joined from Jones Day, Lee Van Voorhis arrived from Weil, Gotshal & Manges LLP, and Katherine Funk was hired from Dentons.

Within M&A: large deals ($1bn-5bn), tier 4

Baker & McKenzie advised both Boston Scientific Corporation, as seller, and Stryker Corporation, as buyer, on the non-US aspects of BSC’s approximately $1.5bn cash sale of its neurovascular business to Stryker, which cross-border deal covered over 40 jurisdictions; and acted for international logistics service provider, IFCO Systems, in its $1.3bn sale, via a public tender offer, to Brambles, a global provider of handling and storage logistics; and assisted the Special Committee of Telvent GIT on a $2bn tender offer and transaction agreement received from Schneider Electric. Other highlights included acting as lead transaction counsel to Ecolab, a global leader in cleaning, sanitizing, food safety and infection prevention products and services, in connection with its $8.1bn public company merger with Nalco Holding Company, a water treatment and process improvement company, which deal marking the largest transaction in Ecolab’s history, and one of the largest public company mergers in the Chicago/Midwest region in 2011. Chicago attorneys Helen Mantel and Olivia Tyrrell, and New York attorney Alan Zoccolillo were promoted to principal in 2011. Washington DC-based Marc Paul is the chair of the North America corporate and securities practice.

Within Real estate, tier 5

Baker & McKenzie’s real estate practice includes three partners based in Chicago and one in New York. Michael Smith heads the team, and recently represented Wirst Beverage Corporation in its acquisition and development of a 700,000 sq ft distribution facility in Cicero, Illinois. Leading hospitality lawyer Richard Cremieux acted for Ty Warner Hotels & Resorts in various hotel-related transactions in the US and Mexico. He is also representing Pannatoni Development Group in various ongoing transactions, including sales and restructurings with a current combined value of $850m. Matthew Alshouse, who specialises in fund formation work, advised Invesco on the $20m expansion of a shopping center in suburban Philadelphia, and assisted a large Korean fund in the acquisition of a 57-story Class A office building in Chicago.

Within Domestic tax: West Coast, tier 4

Baker & McKenzie’s 35-strong West Coast tax practice in Palo Alto and San Francisco has grown alongside technology industry clients’ local and global expansion, so that the firm now represents numerous established and emerging Bay Area-headquartered companies. The firm advises in such matters as international trade, corporate compliance and investigations, international tax, global equity services, M&A, corporate reorganizations and integrations, employment, immigration and dispute resolution

Within International tax, Baker & McKenzie is a third tier firm,

Thomas May heads up Baker & McKenzie’s international tax practice, which clients report is ‘much more efficient in managing projects than the Big 4 accounting firms’. The practice has seen a significant uptick in the amount of transactions it handles, including in relation to the tax aspects of public transactions, such as acting for ENSCO and Eagle Lab. The firm has also added strength in depth, including Mary Bennett, former head of tax treaty and financial planning at the OECD, Caroline Silberztein, former head of the OECD transfer pricing unit, and Joshua Odintz from the Treasury; the firm also recently formed a tax policy sub-group to advise clients on changes to tax laws. The main three subgroups are international tax planning and transactions, including M&A; transfer pricing; and controversy. Representative matters included acting for AXA Private Equity to structure and implement its $1.6bn acquisition of Bank of America’s secondary funds, and advising Sony Corporation of America and Mubadala Development Company during their bid and purchase of EMI’s music publishing business from Citigroup. Other practice clients include Abbott Laboratories, Skype Communications and Verisign. John McDonald is recommended of his ‘thorough, comprehensive, and timely analysis’.

Within Tax controversy, Baker & McKenzie is a first tier firm,

Baker & McKenzie’s North American tax controversy group handles large tax controversies at audit, appeal, and trial court level, with several of the partners having former US government experience. Headed by Thomas Linguanti, the group achieves national penetration with over 40 lawyers and other staff across its US offices, with concentrations in Chicago, Palo Alto and Washington DC. The firm’s worldwide presence and the experience of its global tax dispute resolution practice give it an edge on international and cross-border instructions. This is particularly evident in the firm’s market-leading transfer pricing practice, which draws on the expertise of a number of economists as well as lawyers. Recent work in this area includes a successful settlement for Broadcom Corporation in its defense against proposed transfer pricing adjustments totalling more than $5bn; Andrew Crousore in the Palo Alto office, a former member of the IRS’ District Counsel Office, handled the case. Patricia Rexford, who recently joined from Mayer Brown, has considerable tax controversy experience, particularly in transfer pricing and tax credit matters. Other recommended lawyers include Mark Oates in Chicago, and Washington DC’s Duane Webber, who focuses on the resolution of federal income tax controversies with the IRS, including alternative dispute resolution techniques. Major clients include Altera Corporation, Microsoft, Symantec and The Boeing Company.