The Legal 500

Within Corporate restructuring (including bankruptcy), tier 7

At Chadbourne & Parke LLP, global bankruptcy and restructuring chair Howard Seife is highly regarded as a ‘very commercial partner and a specialist in the restructuring area’. The firm generally acts for creditors and is currently handling cases for US and non-US banks, insurance companies, bondholders and other creditor parties. In 2012, the firm won an instruction from Arthur J Gonzalez, a former chief bankruptcy judge, to represent him as the court-appointed examiner in the mammoth ResCap case. The firm is also acting for the joint liquidators of ABC Learning Centers in its Chapter 15 cases. David LeMay and Theodore Zink are also highly active partners.

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Within Project finance, Chadbourne & Parke LLP is a first tier firm,

Eighty lawyers spread across its Washington DC, New York and Los Angeles offices collectively make up Chadbourne & Parke LLP’s ‘top-tier project finance practice’, which ‘outsmarts the competition’ and impresses with its ‘responsiveness, quality of work product and knowledge of the energy industry’. Washington DC-based partners Keith Martin and Rohit Chaudhry jointly head a ‘skilled and very capable’ team that draws praise for its ‘formidable strength-in-depth’, and is singled out for its sponsor-side work in the renewables space. It has been especially active in PPP, electric transmission and pipeline projects, and has sharpened its focus on emerging markets, particularly in Latin America. In a reflection of its impressive wind and solar capabilities, the group represented Macquarie Capital and Macquarie Mexican Infrastructure Fund in its initial purchase with Fomento Economico Mexicano of the development rights to the Ion wind farm, a 396MW wind project located in Oaxaca, Mexico. The ‘technically excellent, deeply experienced and client-focused’ Chaudhry handled the $1bn deal, which was the largest wind farm to be developed and financed in Latin America. In another highlight, the ‘responsive and experienced’ Noam Ayali and Benjamin Koenigsberg advised Société Générale as intercreditor bank and joint lead arrangers on the $3.6bn financing of Cheniere Energy’s $6bn Sabine Pass LNG liquefaction project. Washington DC-based Peter Fitzgerald led a team that advised the US Department of Energy on an $8.3bn loan guarantee to construct units 3 and 4 of the $14bn Vogtle nuclear project. The ‘very knowledgeable, hardworking and professional’ Douglas Fried handles PPP matters from New York, and draws praise for his ‘ability to influence key decision makers’. Also recommended in New York are Paul Weber, Todd Alexander, Robert Eberhardt and tax specialist Eli Katz. New York-based Margarita Oliva recently arrived from Allen & Overy LLP, and Evelyn Lim and Paul Kaufman joined the Los Angeles office from in-house positions.

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Within Energy: renewable/alternative, Chadbourne & Parke LLP is a first tier firm,

Chadbourne & Parke LLP’s impressive reputation in project finance has helped to attract a long list of big-ticket clients in the renewable energy space. The 25-partner practice is best known for its sponsor-side advice, but also provides counsel to major financial institutions. Noam Ayali recently represented OrPower 4 in obtaining a $310m project financing from the Overseas Private Investment Corporation (OPIC) for the Olkaria III geothermal power complex in Kenya. Eli Katz, who is ‘responsive and up to date on tax issues in the renewable industry’, and New York colleague Todd Alexander advised LS Power on a $550m financing of the Arlington Valley Solar Energy II project in Arizona. This was achieved through a $295m commercial bank loan and $171m fixed rate notes issuance. Katz also represented LS Power in a commercial bank loan and fixed rate notes issuance totalling $844m to finance the 170MW Centinela solar farm near El Centro, California. Another key figure in New York is Paul Weber, who advised GE Financial Services on its 51% construction equity investment in the 230MW Chisholm View wind project in Oklahoma; as well as its $305m acquisition of 51% of the 200MW Prairie Rose wind project from Enel Greenpower. Chaim Wachsberger assisted Duke Energy regarding the $353m financing of two wind farms in Kansas as part of a joint venture between Duke Energy Renewables and Sumitomo Corp of America. Department head Keith Martin is ‘a brilliant tax attorney’ and ‘an icon in renewables’.

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Within Energy: transactions, tier 4

Chadbourne & Parke LLP is known for its ‘very strong’ project finance capabilities across the energy sector. Noam Ayali in Washington DC recently represented a syndicate of financial institutions including Credit Suisse, HSBC and Morgan Stanley acting as joint lead arrangers on the $3.6bn debt financing for the high-profile Sabine Pass LNG liquefaction project. He and New York-based Ben Koenigsberg also acted for various commercial banks in the $1.1bn financing of a greenfield pipeline construction project and the extension of two credit facilities for Ruby Pipeline. In the power space, Peter Fitzgerald was lead counsel to the US Department of Energy on its $8.3bn loan guarantee for the Vogtle nuclear power project in Georgia, US; and on a potential loan to Unistar regarding the $8.3bn Calvert Cliffs III nuclear project in Maryland. Other highlights included representing GeoPark Holdings during its $75m purchase of Hupecol Cuerva, a privately held oil and gas company with two exploration and production blocks in Colombia. New York-based attorneys Paul Weber, Allen Miller and Chaim Wachsberger are also highly recommended.

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Within Insurance: advice to insurers Leading lawyers

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Within Private equity funds, tier 5

Chadbourne & Parke LLP’s fund formation offering sets itself out for its strong focus on Latin America, which it ‘knows very well’. Four corporate partners, three tax partners and two partners dedicated to employee benefits and ERISA matters provide a full service to sponsor-side and investor-side clients, including Southern Cross Group and Sur Capital Partners. It acts as primary fund formation counsel for the former, and represented it in the formation of a $1.68bn private equity fund targeting Latin American investments. Private funds head Talbert Navia and Scott Naidech are recommended.

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Within International arbitration, Chadbourne & Parke LLP is a third tier firm,

Chadbourne & Parke LLP’s clients profess to ‘having the feeling that we’re in good and capable hands’. Its arbitration team is comprised of ‘very competent professionals’, who, above-and-beyond their legal and technical knowledge, ‘are prompt, endowed with good sense, very objective in their opinions and firm on the counselling of the strategy to follow’. With a growing practice in the emerging markets, the practice has experience across the arbitration spectrum including experience in gas revision disputes and a growing focus upon the technology and pharmaceutical sectors. With clients including AES, Bechtel, Pfizer, PEMEX, ENEL and Oiltanking, the practice is currently handling numerous cases at the ICC, ICDR, and under UNCITRAL rules; as well as a public international law case under the Alien Tort Statute and Torture Victim Protection Act. ‘Always thinking a few steps ahead’, the very ‘experienced and knowledgeable’ Oliver Armas provides ‘key strategic advice’, and the ‘highly analytical’ Thomas Pieper ‘sweats every detail’. The two of them ‘have a deep understanding of the international arbitration process, are always well-prepared, keep us informed at all times and are responsive to our inquiries’. Moreover, the practice has recently brought over Mark Beckett and Rachel Thorn from Latham & Watkins LLP. Providing ‘advice that never misses the mark’, the pair have ‘amazing attention to detail while always keeping the main ‘themes’ of defence in mind’. David Raim brings insurance industry-related expertise to the practice and recently led on a successful $275m claim brought by St Paul Reinsurance. While the team recently lost Ignacio Suarez Anzorena who returned to his former firm, it can also call on Luis Enrique Graham who splits his time between the firm’s New York and Mexico City offices.

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Within Leading trial lawyers, Chadbourne & Parke LLP is a third tier firm,

Abbe Lowell, Chadbourne & Parke LLP: Abbe Lowell has a superb record as a criminal defense lawyer, and is also well known for handling high-profile matters for clients in the media such as former Presidential candidate John Edwards. In that matter, Lowell was successful in defending Edwards, the jury returning a not-guilty verdict on illegal use of campaign spending, with mistrials declared on all other counts. Other clients include New York Senate majority leader Joseph Bruno, ApothéCure and Hector Martinez.

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Within Product liability and mass tort defense: consumer products (including tobacco), Chadbourne & Parke LLP is a second tier firm,

Chadbourne & Parke LLP’s New York based team suffered a setback when key partners Thomas Riley, Gregory Loss and David Wallace joined Herbert Smith Freehills in August 2012, taking the tobacco practice with them. However, the practice remains able to provide ‘top-notch service and support’ and is a trusted adviser to clients in high-risk and high-value matters. Practice co-heads Phoebe Wilkinson and Mary Yelenick are highly regarded for their ‘precise work’ and ‘very good knowledge’ of the product liability practice area. The pair represented a European appliance manufacturer in a putative consumer fraud class action alleging design defects in one of its household products. The firm maintains a longstanding client relationship with Beam Global Spirits & Wine, which it represents in litigation concerning its beverage alcohol products. Donald Strauber - ‘the dean of the US beverage alcohol liability defense bar’ - is considered to be among the ‘best in the business’. Alongside Yelenic, he recently defended Beam Global Spirits & Wine in putative consumer fraud class actions concerning alleged misleading advertising of its Skinnygirl Margarita beverage. LG Electronics sought the practice’s representation in consumer fraud class action certification proceedings before the US District Court for the District of New Jersey, which concerned alleged non-compliance with the state’s Energy Star program.

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Within M&A: middle-market ($500m-999m), Chadbourne & Parke LLP is a second tier firm,

Chadbourne & Parke LLP is ‘very flexible about staffing a deal in accordance with the needs and size of the deal. The level of responsiveness we get from the firm’s attorneys is phenomenal, and they have good knowledge of the latest terms and issues, which they combine with a deep knowledge of our company’. The firm’s M&A practice is deeply entrenched in the energy market, drawing on the expertise of its lawyers in energy, and the firm’s project finance practice; its New York lawyers regularly advise Latin America clients on cross-border M&A; it has increasingly represented emerging companies in the technology sectors; and has a strong family office practice. The team represented TPF Generation Holdings, an affiliate of Tenaska Capital Management, which acquires, manages and operates natural gas-fired power plants, in the sale of its 800 megawatt Rio Nogales, combined-cycle, natural gas-fired power plant in Seguin, Texas, to CPS Energy, a municipal utility in San Antonio; acted for San Juan Cable, the largest cable company in Puerto Rico, in its sale to a subsidiary of Liberty Global, and investment funds affiliated with Searchlight Capital Partners; advised Geopark Holdings, the Latin American oil and gas exploration, and production company, in connection with its acquisition of Hupecol Cuerva, a Delaware limited liability company and affiliate of Houston American Energy Corporation; represented Toms King Holding and affiliates, which are controlled by a family office, in the acquisition of 56 Burger King stores in the US, the transaction structured as separate acquisitions of the operating stores and underlying real estate, and featuring unique, equity tracking interests, as part of the corporate and tax structure; and advised ORBCOMM in the acquisition of substantially all of the assets of Par Logistics Management Systems Corporation, a subsidiary of PAR Technology Corporation. In New York, Allen Miller is the corporate department practice leader; and Marc Alpert is public companies group leader; Alpert is a ‘great deal lawyer and a good relationship manager. His judgment is excellent, and he always finds a surprising, new way to add value to a deal’. Other key New York contacts include Charles Hord III, Edward Smith, Charles Hord III,Kevin Smith and Sey-Hyo Lee. Amy D’Agostino and Clara Krivoy were promoted to the partnership; and Kessar Nashat was made counsel.

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Within Domestic tax: East Coast, tier 5

Chadbourne & Parke LLP’s ‘response times are exceptional’ and it has ‘first-rate’ business acumen and is ‘excellent value for money’. The team is based primarily in New York, where the ‘highly knowledgeable’ William Cavanagh heads the department, but is also present in Washington DC with John Marciano and Keith Martin. The firm handles transactions for major public companies, but also has a thriving practice representing large private family-owned international businesses. Donald Schapiro is a key lawyer, and his practice centers on trusts and estates and personal planning matters. Eli Katz is also recommended and was involved in the firm’s representation of GE Financial Services as one of the sponsors in the acquisition and financing of the 550MW Desert Sunlight pholtovoltaic solar project.

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