The Legal 500

Dickstein Shapiro

1825 EYE STREET NW, WASHINGTON DC 20006-5403, USA

What we say about the firm's legal practice in United States

Industry focus

Within Energy: litigation, Dickstein Shapiro is a third tier firm,

Dickstein Shapiro’s clients include competitive power producers, integrated utilities, financial institutions, energy marketers, trade groups, natural gas pipelines and storage providers, LNG developers, energy consumers, and governmental entities. In addition, it has strong investigation, compliance and administrative capabilities that complement its courtroom expertise. The firm is ‘highly recommended for its industry knowledge’, and represented NorthWestern before the Montana Sixteenth Judicial District Court, Rosebud County in litigation and subsequent arbitration proceeding before a three member panel of arbitrators. The matters involved an assertion by Colstrip that QF rates set by the Montana Public Service Commission (MPSC) were in violation of prior MPSC orders, or alternatively, that the rates were set in breach of a power purchase agreement between NorthWestern and Coalstrip Energy. Key clients also include Duke Energy and Vestas Wind Technology. Washington DC-based Larry Eisenstat heads the team, which includes Joel Kleinman and Michael Engleman.

Within Insurance: advice to policyholders, Dickstein Shapiro is a second tier firm,

Dickstein Shapiro’s coverage practice ‘exceeds expectations’, and is ‘exceptional in all regards’. 2010 saw the departure of Randy Paar but also the significant lateral hire of the ‘outstanding’ John Heintz and ‘consummate litigator’ John Schryber, noted for his ‘ability to marry his mastery of the law with the facts, circumstances and business concepts’. The addition of Marla Kanemitsu and Norah Molnar further bolstered the team, and the firm also picked up some partners in the wake of the dissolution of Howrey LLP, including Andrew Reidy and Catherine Serafin. The firm has a strong presence in the entertainment industry, and is currently representing Universal Music Group (UMG) in its coverage dispute with American Home Assurance, arising out of the insurer’s failure to defend a defamation claim against UMG. Other key names on the firm’s client roster include Fox and Sony. Head of the coverage practice Kirk Pasich and Los Angeles-based Sandra Smith Thayer lead the firm’s representation of San Diego Gas & Electric (SDG&E), having been retained by the client following the 2007 wildfire litigation to undertake negotiations with its insurer; to date, the firm has represented SDG&E in collecting over $940m under its policies. The ‘seasoned’ Edward Tessler, James Murray and Mark Kolman are recommended.

Intellectual property

Within Patent prosecution: utility and design patents , tier 6

Dickstein Shapiro is a full-service firm headquartered in Washington DC and with three other US offices. The team obtained some 920 patents in 2010, and is notable for its experience on the litigation side. The firm also made some strategic expansions in 2010, with the hire of Crowell & Moring LLP’s Kimberley Chen Nobles into Washington DC, who is well placed to further cultivate and expand the firm’s growth into the Asian market. The firm also opened an office in Orange County in March 2010, positioning it for further growth on the West Coast. Individuals of note include Washington DC’s Jeremy Cubert, who is recommended for his expertise in life sciences, and hi-tech specialist DeAnna Allen. Major clients include Sony, Chrysler, Olympus, NEC, VeriSign and Yamaha.

Mergers, acquisitions and buyouts

Within Antitrust, tier 7

Dickstein Shapiro’s seven-partner practice, based in Washington DC and New York, acts for defendants in antitrust litigation but most notably has developed a flourishing plaintiff practice, representing primary purchasers of products from suppliers that have participated in unlawful cartels, particularly clients that have opted out of class actions. In New York, Denise Plunkett and co-leader of the group Jay Fastow have been working on a number of matters including representing several Sucampo Group companies as plaintiffs in an ICC arbitration against Japan’s largest pharmaceutical company alleging breach of contract and wrongful termination. The team also acted for ZF Meritor LLC and Meritor Transmission Corporation in a private antitrust action involving claims of anti-competitive conduct relating to heavy-duty truck transmissions, where the firm recently achieved a jury verdict in Meritor’s favor on all liability issues. Richard Leveridge in Washington DC represented more than 50 opt-out plaintiffs including The Coca-Cola Company, PepsiCo, DuPont and Anheuser-Busch in pursuing price-fixing allegations against a group of manufacturers of corrugated paper products; the clients won significant multiples of the damages they would have received as members of the class. On the defense side, the team has experience representing corporations and individuals in litigation, investigations and enforcement actions; Plunkett regularly represents financial institutions such as MasterCard and Eagle Bank.

Within M&A: middle-market (sub-$500m), Dickstein Shapiro is a third tier firm,

Dickstein Shapiro’s M&A practice excels at handling middle-market deals involving corporations from Fortune 50s to startups. Clients ‘receive tremendous service. It is a valued and trusted partner and there are many instances where we are asking for very fast turn-around times on documents in order to meet the timing of an acquisition process. The firm has the talent and depth of experience to meet these very fast time frames’. The firm serves clients in the energy, post-secondary education, government contracts, technology, real estate, insurance, broadcast, and manufacturing industries, both in the US and abroad. In late 2010, the group expanded its national M&A and private equity practices with the arrival of five partners and seven associates. Working both from New York City and the firm’s newly launched Stamford, Connecticut office, the group includes Christopher Cerrito, Martin Clarke, John Flaherty, Thomas Freed, and Evan Seideman from Edwards Angell Palmer & Dodge LLP. Recent deals include acting for Harbour Group Investments IV in negotiating the $1bn sale of Lincoln Holdings Enterprises, a leading lubricating systems company, by Harbour Group Investments IV. The same client was assisted in its $140m acquisition of Fleetgistics Holdings, which operates a number of specialized same day logistics services businesses, primarily serving the eastern half of the US. Gladstone Investment was represented in several acquisitions and sales this year, including the sale of its stake in A Stucki Corporation and its investment in Venyu Solutions. Other clients include Branch Banking and Trust Company, CPV Renewable Energy, Federated Funds, Greenfield Industries, Liberty National Gas, National Consumer Cooperative Bank, Poseidon Water, Silver Point Capital and Tyson Foods. Washington DC-based Kenneth Morrow is ‘extremely talented at structuring and understanding complex transactions. He does not dig in on issues and continually works to find solutions that facilitate the deal but protect our interests’. Also in Washington DC, Howard Jatlow is ‘an excellent attorney who gives great counsel and significant value for services rendered’. Emanuel Faust is also recommended.


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