The Legal 500

Within Project finance, tier 4

Baker & McKenzie has a fine project finance practice based principally in Chicago and New York, acting predominantly on the sponsor side and with a focus on renewable projects; ‘the service provided is excellent’. The team is headed by chair of the firm’s global power practice and North America energy practice, Chicago-based James O’Brien. He combines expertise in many fields including fossil fuels, and waste-derived and renewable fuel projects. Another prominent partner is Clyde Rankin in New York, who had a busy year and acted on several significant transactions; he represented PNE Wind USA as sponsor on a 30.6MW wind energy project with Black Hills Power in Butte County, South Dakota, and also on a 49.6MW project to be constructed on land owned by the Cherokee Nation in Kay County, Oklahoma. Elsewhere, the group acted for Project Resources Corporation and Miracol Energy on the Ridgewind project in Minnesota, which uses funds provided by Union Bank and is the first sale/leaseback financing of a wind energy project using the Investment Tax Credit cash grant; the deal involved individuals from several other practice areas, such as Janna Bellwin in banking and finance and Klas Holm in tax. Notable sponsor clients include White Energy Coal North America, SolarReserve, and POET, while clients on the lender side have included Stark Investments, WestLB, and TD Bank.

Within Trademarks: non-contentious (full coverage), Baker & McKenzie is a third tier firm,

Clients are in agreement that the trademarks team at Baker & McKenzie is ‘excellent’ and ‘unique’, and is well equipped to deal with the most ‘challenging’ of domestic and international work. Aside from its breadth, the team is also praised for its ‘deep industry knowledge’ and ability to remain ‘responsive and sensitive to clients’ needs and budget’. The ‘experienced and practical’ John Flaim leads the global team from Dallas and primarily focuses on litigation. He is supported by New York practice head Pamela Church, who comes highly recommended by clients and is ‘knowledgeable, enthusiastic and pleasant to work with’. The group is equipped to deal with clients from all industries, and is particularly noted for its management of Unilever’s global trademark portfolio, which comprises over 155,000 marks. Other key clients include Fed-Ex, Schlumberger Technology Corporation, StudioCanal, The Body Shop International, Vodafone and Wendy’s International.

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

Baker & McKenzie ‘has the right mix of knowledge and experienced team members’ and the firm’s lawyers are ‘knowledgeable, very responsive and produce excellent results’. In December 2009, the firm’s immigration practice welcomed Paul Virtue, formerly the Executive Associate Commissioner and General Counsel of the US Immigration and Naturalization Service under the Clinton Administration and then a leading practitioner at what was Hogan & Hartson LLP. The firm has designed an immigration service model to address the trend of heightened regulatory scrutiny and the needs that its clients identified as essential to their business operations, including top performance levels, one-stop account management, customized IT solutions, and 24/7 access to its people and resources. Representative work and key client lists are impressive. The firm represented Intelsat in obtaining federal legislation allowing the newly privatized entity to retain special international-organization visas for its managerial and special skills employees, and continues to assist in the regulatory implementation of the new law, conforming company immigration practices to its new privatized status, and provides ongoing global migration services to the new entity. The firm was also selected to manage Invensys’ worldwide immigration program, including visa and work permit filings in 60 countries. Another example of the work the firm has undertaken is its representation of Radio Free Europe/Radio Liberty. The firm advised the federally-funded broadcasting organization on the implementation of special legislation that provides US permanent resident status for broadcasters, many of whom have risked their lives to bring unbiased news reporting and commentary from war zones. Elizabeth Espin Stern leads the worldwide immigration practice. She has ‘high level understanding of the domestic immigration structure and is able to advise on all situations’ and is ‘not only a great technical lawyer, but a great business person’. The ‘quite outstanding’ Carl Hampe, who has ‘excellent knowledge and experience’, and Betsy Morgan, a founding member of the firm’s global migration and executive transfers practice, are also highly recommended.

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

Baker & McKenzie works collaboratively across offices, practices and borders to provide integrated solutions to labor and employment issues. The firm is ‘timely, responsive and cost effective. It has deep expertise, and has resources around the world to provide timely responses to global questions. Its advice is sound, practical, and business-oriented’. ‘I use it more than other international law firms because I find it is excellent value for money’. The firm counsels on all issues arising during the pre-hire, management, termination and post-termination phases of employment. It regularly advises on wage and hour issues, family and medical leave, discipline and termination, leaves of absence, employee privacy rights, employment-related tax issues, trade secrets and intellectual property, data privacy, alternative dispute resolution mechanisms, and internal investigations of sexual harassment, discrimination and other complaints. It also advises clients on labor and employment issues arising from domestic and global reductions-in-force and other corporate reorganizations. The firm is currently providing ongoing labor and employment counseling to Southwest Airlines and represents EQT, a national oil and gas corporation, in complex labor law matters, including employment counseling and litigation related to the company’s reorganization. Other clients include eHarmony, Google, Microsoft Corporation, Bank of America and Silicon Laboratories. Richard Hammett, Brian Arbetter, Susan Eandi, Cynthia Jackson and Ute Krudewagen are all recommended. ‘They give practical business-minded advice’.

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

Strong on international trade and customs matters, Baker & McKenzie’s expertise lies in large commercial arbitrations, although the firm is beginning to develop its investor-state practice in emerging jurisdictions including Russia, Brazil and China. Clients say the international arbitration team is ‘excellent, knowledgeable and professional’. The practice is acting for the Brazilian state-controlled oil company in a dispute with KBR arising out of one of the largest offshore engineering, construction and procurement projects ever undertaken and concerns a turnkey Engineering Procurement and Construction Contract (EPC Contract). The value of the case is $200m. The firm is also acting for Weatherford Kopp in connection with a dispute regarding the construction of Baku-Tbilisi Ceyhan Crude Oil Pipeline Project in Turkey. Grant Hanessian heads up the firm’s international arbitration practice in North America and is described as ‘impressive’. Managing partner of the Chicago office Michael Morkin is also recommended.

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

With particular strength in trade sanction, anti-boycott and export compliance Baker & McKenzie’s clients praise the firm’s ‘great depth of knowledge and experience combined with a practical approach’. The practice is also well-versed in trade remedies and FCPA matters. The firm acts for Symantec as trade compliance counsel, and during 2010, assisted the company with the export control and trade compliance aspects of four acquisition transactions. On the contentious side, the firm is representing Hewlett Packard in the filing of an amicus brief with the Court of Appeals for the Federal Circuit in the matter of BenQ America Corporation v United States. The case involves the proper customs classification of flat screen monitors. Nick Coward is chair of the firm’s global trade practice and is recommended. Paul McNulty heads up the firm’s global corporate compliance steering committee and is highly regarded.

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

Baker & McKenzie’s data protection and privacy practice is supported by the firm’s international footprint. Led by Brian Hengesbaugh in Chicago and Lothar Determann in Palo Alto, its global platform and resources enable it to handle major multi-jurisdictional and cross-border mandates, advising global corporates on complex privacy and information management. A prestigious client list features Bank of America, NetSuite, Priceline.com, Sony, Travelex Currency Services, Weatherford International and Yelp!. Bausch & Lomb is a new client. Hengesbaugh has an excellent market reputation for handling regulatory and transactional issues including cross-border data transfers, breach notification obligations, whistle-blower hotlines, 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 handles registration of US-based multinational companies for the EU-US Data Privacy Safe Harbor and related data protection and security compliance matters. Michael Mensik wins plaudits for his ‘valued judgment and expertise’ on outsourcing and data protection.

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

Baker & McKenzie’s outsourcing practice is supported by the firm’s global presence and by the fact that it represents both service providers and customer organizations. The global practice group provides ‘extensive expertise coupled with a practical approach to projects’ and blends outsourcing expertise with other technology practices, such as data protection and privacy. In 2010, the New York practice was boosted by the arrival of Edward Hansen, David Jackson and Jessica Lipson from Morgan Lewis, bringing a wealth of experience, leadership and talent in complex technology and outsourcing transactions. Attorneys have an excellent market reputation for handling high-end, complex deals. Clients recommend them as ‘trusted professionals who can be relied on to deliver the highest quality advice and work product in a timely manner’. Practice head Michael Mensik in Chicago is ‘highly experienced in international vendor-related issues’, combining valuable expertise in outsourcing and data privacy. According to one client, he is ‘cooperative, collaborative and a valued partner and counselor’. 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 ‘succinct, controlled, extremely well versed on outsourcing deal subject matter, and focused on getting the best deal done’. Lothar Determann in Palo Alto specializes in software licensing and IP relating to technology transactions and contracts, and is commended for his ‘vast knowledge of the law and the industry’. A prestigious client list includes UBS, Cardinal Health, The Estée Lauder Companies, Universal Music Group and Oncor Electric Delivery.

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

Baker & McKenzie’s size and global reach, the interaction between its technology group and its prominent corporate practice, enable it to win significant clients and mandates. Led by Chicago-based Michael Mensik, the US practice focuses on transformational transactions involving IT, business process outsourcing and systems acquisitions. The team represents vendors and customers involved in complex ERP and systems integration projects, custom software development, outsourcing, licensing and distribution agreements and wins praise for ‘building client confidence by listening to concerns and addressing them in a timely fashion’. Lothar Determann in Palo Alto advises multinational companies and start-ups on software licensing, electronic commerce, data protection and international law related to technology transactions, product sourcing, distribution and services and provides specialist advice on open source software and e-commerce. Sam Kramer and Peter George are also recommended. In 2010, Edward Hansen, David Jackson and Jessica Lipson joined the New York office from Morgan Lewis, strengthening the group’s expertise and experience in complex technology and outsourcing transactions.High-profile clients include The Estée Lauder Companies, Universal Music Group, Cardinal Health and Wolters Kluwer.

Within Antitrust, tier 7

Baker & McKenzie has one of the largest antitrust practice groups, with over 300 attorneys and professionals focusing on antitrust and competition law. The firm’s extensive international presence gives it a truly global antitrust practice with a strong presence in every key region, including Asia and Latin America as well as the US and Europe, and working relationships with enforcement agencies in 33 countries. In the US, the Washington DC office focuses predominantly on agency related work such as merger clearance and government investigations, while teams in New York, Chicago and San Francisco cover a range of other matters including cartel work and class actions. Recent work for the Chicago and California offices includes representing Tatung Company of America in two separate multi-district litigations, In re TFT-LCD Antitrust Litigation and In re CRT Antitrust Litigation, involving over 200 individual class actions. In New York, Darrell Prescott and Charles Critchlow, who is ‘practical, responsive and displays good judgment’, have been representing Baldwin Filters in over 50 antitrust class actions in the US and Canada alleging violations of laws in 48 states, the District of Columbia, Puerto Rico and Canada. The New York team is also advising Panalpina World Transport (Holding) Ltd on cartel investigations in the EC, Brazil, Switzerland and New Zealand. In Washington DC, co-chair of the group David Clanton is leading a team advising Stericycle on its acquisitions of competitors in the medical waste industry, which are currently being reviewed by the DOJ.

Within M&A: large deals ($1bn-5bn), Baker & McKenzie is a third tier firm,

Although standing out for its ability to field cross-border M&A and support teams all around the world, Baker & McKenzie also has significant domestic M&A practices in energy, health care and technology, and was recently instructed on a number of mandates from Asia, the Middle East and Germany. Highlights included advising long-time client Abbott Laboratories in its $3.8bn acquisition of the domestic health care business of Piramal Healthcare, a branded generics company based out of India, the deal serving to strengthen Abbott’s growing presence in emerging markets. The team also acted for Motorola in connection with the global reorganization, separation and spinoff of its mobile devices and home businesses into a new global company, the matter requiring attorneys from 24 non-US offices. Bemis Company was assisted in its $1.2bn acquisition of the Food Americas operations of Alcan Packaging, a business unit of international mining group Rio Tinto, the transaction being Bemis’s largest acquisition to date. Washington DC-based Marc Paul chairs the North America corporate and securities practice. Chicago partners Dieter Schmitz and Craig Roeder are also key contacts. In Chicago, Charles Hallab was promoted to principal.

Within Real estate, tier 4

Baker & McKenzie’s five-partner practice is headed by Michael Smith, who has ‘excellent real estate industry knowledge and experience’. Smith advised Nokia on the development of its new 158,000 sq ft headquarters in California, and represented a mining company on its high-value domestic and international acquisition projects. The hospitality sector is a key area of strength, and Richard Cremieux represented several private equity funds on significant hotel acquisitions. He also advised Ty Warner Hotels & Resorts on several transactions including the extension of two existing loans, secured by hotels and golf courses, and on the $14.5m sale of a development property in California. The team also has experience in infrastructure and renewable energy projects.

Within Domestic tax: West Coast, tier 4

Baker & McKenzie’s West Coast tax practice, some 35 lawyers strong, is based in Palo Alto. The firm’s main interest is in international taxation and transfer pricing, but the firm’s following of Californian technology and pharma businesses generates a significant flow of US domestic tax instructions. Gary Sprague heads the North California tax group in which Pat Powers is recommended for state tax planning, and John Peterson is expert in the hi-tech sector and also handles tax controversy. Clients include Alcon Laboratories, Whirlpool and Louisiana Pacific Corporation.

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

Baker & McKenzie’s team works within the compensation & employment law practice, and with expert lawyers in the firm’s global network – ‘no other law firm has the geographic reach’. The ‘level of service is superlative – the firm is best in class when it comes worldwide equity compensation lawyers’, and ‘is most certainly one of the leaders in the field of global stock plans’. A triumvirate of partners heads the executive compensation and benefits team: in Chicago, Maura Ann McBreen, ‘world class – an effective and persuasive communicator who is able to simplify very complex matters to non-specialists’, and David Ellis, and, in San Francisco, Valerie Diamond, who advises many of the largest companies in Silicon Valley. New York-based Richard Reilly has ‘extensive expertise in executive compensation matters, and excels at providing practical advice in an area that continually grows more important and more complex’, and in San Francisco, Edward Burmeister is ‘the world’s leading expert on all law that affects equity compensation’. The group provides ongoing compensation and benefits advice to numerous leading multinational corporates.

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

Baker & McKenzie has now provided tax support to international business for over 60 years. The firm’s tax planning group comprises some 150 attorneys and economists in nine US, and five foreign offices, of whom approximately half major in international tax. The group has deservedly established a reputation for transfer pricing expertise, and contributes to current policy development in the area; Carol Dunahoo and Palo Alto-based Gary Sprague are members of the OECD Fiscal Affairs Committee’s Governmental Working Parties on treaty and transfer pricing matters. Several members of the department have served in senior government positions, including Leonard Terr, and Duane Webber, who now serve as Boeing’s main outside tax counsel, advising on worldwide tax matters, including international integration of acquisitions, tax compliance and planning. The firm has gradually increased penetration of the wider transactions and international structuring market. In recent deals led from New York, Robert DeJoy provided domestic and international tax advice in the structuring of Abbott Laboratories’ $7.1bn acquisition of Solvay’s pharmaceutical business, and Jonathan Stevens advised Johnson & Johnson through an agreement to acquire the balance of equity not already held in Netherlands-based Crucell NV. Also in New York, Marc Levey chairs the firm’s global transfer pricing committee. Chicago-based Gregg Lemein combines his client-commended tax planning and controversy practice to great effect. All partners named practice from Washington DC unless otherwise indicated. Practice clients include Digital River, Facebook, Microsoft and Southwest Airlines.

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

Baker & McKenzie has handled thousands of administrative tax controversies and docketed hundreds of cases in court. The practice provides ‘the most timely and necessary expertise as needed, and identifies how to maximize tax opportunities on existing business initiatives’. The firm’s market-leading international transfer pricing practice has national penetration through effective inter-office co-operation and utilizing the services of economists as well as lawyers. Group chair Thomas Linguanti, in Chicago, ‘focuses on bringing the appropriate talent to bear, and where necessary, makes the necessary investment of time required to strengthen an already strong and long term business relationship’. The firm has expertise in virtually every industry, and ranks as one of the few international law practices which competes with the top-four accountants in transfer pricing. In significant transfer pricing litigation, Mark Oates from the Chicago office, and Andrew Crousore from Palo Alto, led the work for Symantec Corporation in the first case to consider an arm’s length buy-in value under Section 482 of the IRS Tax Code; the Tax Court held that the method proposed by the IRS was arbitrary, capricious and unreasonable. Other lawyers recommended include ‘very solid and reliable’ Gregg Lemein in Chicago. Washington DC’s Duane Webber and Thomas Linguanti serve as Boeing’s main outside tax counsel, advising Boeing on worldwide tax matters, including tax controversy. Major clients include Electronic Arts, Medtronic, PepsiCo and Thomson Reuters.