The Legal 500

Within Financial services: regulatory, tier 5

Although it has a narrower bandwidth than many of its competitor firms, for consumer finance Ballard Spahr LLP is ‘one of the very best’. Headed by the ‘very knowledgeable’ Alan Kaplinsky, and including four members of the American College of Consumer Financial Services, the seven-partner team provides overarching expertise in product development and regulatory matters, as well as representing clients in litigation and agency investigations. On the contentious side, as well as the firm’s ongoing representation of a number banks including Huntington National Bank, Sovereign Bank and PNC Bank, in high-profile overdraft fee litigation, it also recently successfully represented Chase Bank in the action it brought against debt settlement company Hess-Kennedy. Pioneering the use of arbitration provisions in consumer financial services contracts, the firm has recently represented a number of leading national bank trade groups in a series of cases addressing the enforceability of such provisions. Group vice-chair Jeremy Rosenblum has a focus on federal and state lending and consumer practices laws, with an emphasis on the interplay between federal and state laws, while associate Mark Furletti is praised for his ‘highly analytical and extremely methodical approach to work’. Clients include ACE Cash Express, Alliance Data, Bank of America, Fidelity National Financial, Sallie Mae and Sovereign Bank.

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

Ballard Spahr LLP’s ‘unbelievably attentive and responsive’ trademarks team includes 18 partners working from eight offices across the US, and covers a wide variety of sectors including biotechnology, pharmaceuticals and electronics. Noted for its ability to ‘use lower-cost resources to the fullest extent possible’ but still provide ‘timely, cost-effective and practical advice’, the team acted on numerous transactions over the course of 2010, including representing The Mother Teresa Center in negotiations regarding a best-selling book and The Council of the Americas/The Americas Society on numerous matters. Key lawyers include of counsel Corey Field in Los Angeles, who has extensive music industry experience, and Philadelphia-based Lynn Rzonca, who divides her time between litigation and advisory work.

Within Product liability and mass tort defense: automotive/transport , tier 4

Ballard Spahr LLP’s product liability practice is particularly strong within the automotive sector, wherein Kia is one of its longstanding clients. It is serving as co-counsel for the company in litigation over alleged defects – premature wear, vibration and the need for frequent repairs – in the design of the Kia Sephia braking system. Plaintiffs argued that the company’s alleged knowledge of the problems meant it breached warranty and violated the New Jersey Consumer Fraud Act. The case was notable for the class action being decertified after a jury verdict without an appeal. The firm is also defending Subaru in class actions brought against a group of car manufacturers and OnStar, alleging fraud on the basis that the companies failed to disclose that OnStar’s analog telecoms equipment would become obsolete. Neal Walters leads the 15-partner team, which also includes John Kearney and Kelley Grady.

Within M&A: middle-market (sub-$500m), Ballard Spahr LLP is a second tier firm,

Fielding ‘service-oriented and easy to work with lawyers’, Ballard Spahr LLP’s ‘overall level of service is excellent and its billing rates are competitive. The lawyers are dedicated and smart, and their experience matches up well with other firms’. The practice serves as primary outside securities counsel to Osiris Therapeutics, a leader in the development of adult stem cell therapeutics. In 2009 and 2010, the team represented Osiris in numerous day-to-day corporate matters, including advising in connection with its reincorporation from Delaware to Maryland. The team also represented Medegen Holdings in connection with the $225m sale of its subsidiary Medegen to CareFusion Solutions, a publicly traded company based in California. Other highlights included representing long-time firm client PMA Capital, a holding company whose operating subsidiaries provide insurance and fee-based services, in its $365m sale to Chicago-based Old Republic International Corporation, one of the nation’s 50 largest publicly owned insurance organizations, whose subsidiaries market, underwrite, and provide risk management services to a wide variety of coverages in the property and liability, mortgage guaranty, and title insurance fields. The group was retained to serve as Nevada counsel for Arena Resources in its proposed $1.5bn merger with a subsidiary of SandRidge Energy, the transaction essentially a merger of equals in which the stockholders of Arena Resources would own 45% of SandRidge Energy and would receive additional cash per share. Phoenix-based M&A and private equity partner-in-charge Karen McConnell is a key contact. ‘Trusted advisor’ McConnell ‘is as reliable as they get’.

Within Construction (including construction litigation), tier 4

The construction group at Ballard Spahr LLP consists of 28 attorneys firmwide, primarily working out of the Philadephia and Baltimore offices. The team is closely linked with the firm’s real estate, environmental, litigation, business and finance, and labor groups across the US, assisting clients with construction-related issues involving contracts and litigation; it has ‘vast knowledge in the areas of design and construction and is always able to pull in specialized expertise when necessary’. The firm recently played a major role in completing the lease and construction documents associated with the new 1.5 million sq ft National Nuclear Security Campus for the National Nuclear Security Administration in Kansas City, and the client, CGA Capital Corporation, instructed the firm on a number of other issues relating to this high-value development, including financing, environmental due diligence and real estate matters. The project is expected to be valued close to $5bn and is one of the largest public-private projects ever undertaken by the US General Services Administration. Joint practice heads Mark DePillis and Alan Ritterband are ‘talented and enjoyable to work with’. Carl Roberts is also recommended, for his expertise in ADR and experience in litigating in federal and state courts.

Within Land use/zoning , Ballard Spahr LLP is a second tier firm,

Ballard Spahr LLP handles land use and zoning matters in jurisdictions nationwide, with lawyers handling mandates in both eastern and western states. John DiTullio and Tina Makoulian jointly head the team, and are based in Phoenix and Philadelphia respectively. Notable representative highlights included advising the National Center for the American Revolution on a $100m project involving land-use entitlement, zoning and permitting of a 130,000 sq ft museum with hotel, conference center and exhibit spaces; the team successfully defended challenges to the project’s zoning legislation in state and federal courts and negotiated land exchange matters with the National Park Service.

Within Real estate, Ballard Spahr LLP is a third tier firm,

Michael Sklaroff chairs Ballard Spahr LLP’s 56-partner real estate group, which shows ‘commitment to excellence’ when advising clients on acquisition, financing, leasing, disposition and restructuring transactions. Clients say the group’s ‘business acumen and industry knowledge is at the highest level’, and that its ‘overall level of service is unparalleled’. This ‘first-rate’ team is located throughout the firm’s offices in Utah, Colorado, Pennsylvania, Nevada, California, New Jersey, Washington DC, Maryland and Arizona, providing excellent geographical coverage. Nicole Evans in Salt Lake City was recently promoted to partner, while Joanne Phillips rejoined the Philadelphia office as a partner after spending four years as Director of the Commonwealth of Pennsylvania’s Bureau of Real Estate. A team led by Fred Wolf represented CGA Capital Corporation on a PPP relating to lease-backed financing for the new $4.76bn, 1.5 million sq ft National Nuclear Security Administration in Missouri. Also on the PPP front, Paul Casey led a team which represented the New York City Housing Authority on a transaction involving financing for the modernization of around 20,000 public housing units and annual federal subsidies for 11,743 units located across New York. The team has experience on Chapter 11 bankruptcies and as court-appointed receivers. Kelly Wrenn is a rising star.