The Legal 500

Within Asset finance and leasing, tier 4

Operating out of New York, Fulbright & Jaworski LLP’s asset finance practice advises on domestic and cross-border leasing and financing of commercial and corporate aircraft, railroad stock and ocean-going vessels, as well as manufacturing and other equipment. Clients include manufacturers, operating lessors, lessees, borrowers, and a range of lenders and investors from commercial or investment banks to vulture funds and institutional equity investors. Staffing of the practice is such that at least two partners act on the majority of deals, ensuring a hands-on approach from senior attorneys throughout the transaction. Recent highlights include advising AWAS on lease financing of aircraft to airlines across the Americas, Asia and Europe; and advising The Bank of New York Mellon’s leasing affiliate on airline bankruptcy and non-bankruptcy aircraft lease workouts, including litigation. Other work included acting for Apollo Aviation on various transactions for the purchase and disassembly of aircraft and sale of parts involving complex, related negotiations with other parties. Practice head James Tussing is recommended, along with other lead partners Sean Corrigan, David Gillespie and Marc Latman.

Within Corporate restructuring, tier 7

Led by Louis Strubeck out of Dallas, Fulbright & Jaworski LLP’s 23-partner Texas-based team provides strength and depth to a comprehensive range of clients including investors, bondholders, equity sponsors, banks, trustees and committees across all aspects of in and out-of-court restructurings. Although it is perhaps more parochial in its outlook than other firms, the group is regularly involved in many of Texas’ most significant restructurings. Particularly strong on the transactional side for creditors, led by Strubeck, the team is advising CoBank as agent for 37 lenders in the Pilgrim’s Pride restructuring. Other highlights included advising Idearc on its Chapter 11 case. While the team is active across many industry sectors, it has a particular degree of expertise at handling restructurings within the oil and gas sector – as a consequence of the firm’s ‘overarching energy sector prowess’. Recommended partners include newly appointed head of the Houston restructuring practice Berry Spears, and Toby Gerber, who has particular expertise within the transportation industry; both have been involved in the aforementioned Idearc restructuring.

Within Project finance, Fulbright & Jaworski LLP is a third tier firm,

Fulbright & Jaworski LLP’s ten-partner practice is spread between offices in Houston, New York and Washington DC, where its head of structured and project finance practice, Gregg Harris, is based. It has an excellent name in the oil and gas industry and undertakes many multi-jurisdictional mandates throughout emerging economies in Africa and Latin America. The firm has a loyal client base marked by a number of high-profile, predominantly sponsor clients such as Anadarko Petroleum Corporation, Noble Energy and International Power America. The group represented a multilateral lender on the expansion of the São Paulo, Brazil subway system, which is the first public-private partnership (PPP) program to be launched by the State of São Paulo; the lenders are to provide a loan of $310m for the first phase, with a second loan to follow for phase two. In other work, Harris and Jeremy Hushon represented a group of multilateral lenders on the financing of the Termorubiales crude oil fired thermal power plant in Columbia; and the firm also acted for the sellers on the sale of the direct and indirect interests in Columbia’s largest thermal power plant, with a capacity of over 900MW. Head of the energy practice Michael Irvin is a well-respected figure in Houston, with great expertise in oil and gas matters; and Brian Bradshaw, also in Houston, is experienced in emerging markets deals. Former New York partner Joel Moser left the firm for Bingham McCutchen LLP.

Within Energy: litigation, Fulbright & Jaworski LLP is a second tier firm,

With its origins in Texas, Fulbright & Jaworski LLP has great expertise in all aspects of contentious and non-contentious oil and gas work. Clients say that the firm is ‘practical and experienced’ and has a ‘fully developed global team’. Notably, the firm is representing Shell Oil in the US District Court for the Eastern District of Texas regarding allegedly underpaying royalties on natural gas and natural gas liquids paid to the US Minerals Management Service for nation-wide production on federal and Indian lands from 1986 through 2005. In addition to its presence in oil and gas, the group is active in the LNF and alternative energy space, and although historically the firm is less known in the electricity arena, it has been more involved in recent years. The firm defended Utility Choice Electric, a retail electric provider in Texas against Calpine, which was its wholesale supplier, regarding Calpine’s termination of its EEI supply agreement and various other agreements with the client based on alleged breaches by Utility Choice Electric. Calpine claimed that Utility Choice Electric owed it a termination payment of approximately $20m. After Calpine filed for bankruptcy in New York, it brought an adversary proceeding against Utility Choice to recover that amount. Utility Choice Electric counterclaimed and defended the case on various grounds; the parties reached a settlement that did not require Utility Choice Electric to pay monies to Calpine. Clients also include various subsidiaries and affiliates of Duke Energy and Shell Oil, as well as Brigham Oil & Gas, Sabco Oil & Gas, EOG, Vantage Drilling and Cabot Oil & Gas. Daniel McClure, who is ‘among the best’ and William Wood, who is ‘excellent’, co-chair the team from Houston, which includes Gerard Pecht and Richard Wilson. Denver-based Osborne Dykes and Poe Leggette, and Los Angeles-based Joshua Lichtman are also highly regarded.

Within Energy: transaction and regulatory, Fulbright & Jaworski LLP is a second tier firm,

Fulbright & Jaworski LLP has a ‘mighty presence’ in both transactional and regulatory matters, and is active in Texas and throughout the US. In particular, the firm has significant presence in the oil and gas, LNG and alternative energy arenas. Transactional highlights included representing EOG Resources in connection with a series of oil and gas asset acquisitions in the Barnett Shale in the State of Texas, valued at approximately $200m. The firm represented Enterprise Products on the construction of natural gas processing facilities in the US, including preparation of engineering, procurement and construction contract documents for the provision of equipment and engineering and construction services. On the regulatory side, it is currently advising Sabine Pass Liquefaction on applications to the FERC and Department of Energy (DOE), seeking authorization to construct and operate facilities to liquefy, and export as LNG, domestic natural gas supplies. It is also representing ETC Tiger Pipeline on its application to the FERC, seeking authorization to construct an expansion of the approximately 175 mile interstate natural gas pipeline, commencing in eastern Texas and terminating in the Haynesville Shale region of Louisiana. Houston-based Michael Irvin heads the team and is a ‘good communicator, approachable and his advice is always accurate’.

Within Environment: transaction and regulatory, tier 4

Fulbright & Jaworski LLP advises a range of clients on transactional and regulatory matters including Union Pacific Railroad, Rowan Companies, Shell Oil and Rex Energy. The team also assists the firm’s corporate, real estate, and trust and estate attorneys with the environmental aspects of mergers and acquisitions and problems that arise from management of contaminated properties. It advised Samsung Austin Semiconductor on an air permit for a design centre, which would result in a $3.6bn investment in its Austin facility provided that the client could obtain approval for the design center under the existing air permit within a few weeks. The firm was able to develop a proposal that provided the needed flexibility for the design center, concurrent with changes authorized for the existing fabrication lines and within the framework of the existing air program. It also obtained approval of the revised air permit within the time allowed for the Austin facility to win the bid. The firm is also representing SandRidge Energy in an air contamination matter. Houston-based Eva Fromm O’Brien leads the team, which also includes Ausin-based Patricia Braddock and Houston-based Heather Corken, who is recommended for regulatory matters.

Within Healthcare and life sciences, Fulbright & Jaworski LLP is a third tier firm,

Fulbright & Jaworski LLP runs a well-respected practice for which Texas is a natural stronghold, but with coverage and a client base that extends nationally. Work spans a range of litigation, government investigations, corporate, finance and regulatory advice. The practice’s primary clients are major hospital systems in the non-profit and for-profit sectors, as well as individual medical facilities including academic centers. Additionally, the firm represents a number of pharmaceutical and medical equipment manufacturers. Clients include ArthroCare, Abbott Laboratories, Baylor College of Medicine, Baylor Health Care System, CHRISTUS Health, Memorial Hermann Hospital System, Methodist Hospitals of Dallas, and Tenet Healthcare. Austin-based Jerry Bell heads the practice, which is co-chaired by Robert Swift in Houston.

Within Patent litigation: full coverage, tier 4

Fulbright & Jaworski LLP possesses strong Texas and New York-based teams that ‘apply faultless legal knowledge tempered by a massive depth of experience in every aspect of patent litigation, while maintaining an awareness of the bigger-picture and commercial objectives of its client’. Christopher Benson successfully acted for Chungwa Picture Tubes, one of a number of defendants sued by Honeywell over infringing an LCD patent, while Marc Delflache successfully defended Menusoft Systems against patent infringement claims made by wireless telecoms company Ameranth. David Parker leads on biotech patent litigation and was counsel in Brown v Barbacid, successfully representing inventors of a cancer treatment technology against pharmaceutical corporation Bristol-Myers Squibb. Charles Walker is representing tax service provider H&R Block as plaintiff in a business method-related patent case. Specialising in telecoms, Eric Hall ‘combines a deep knowledge of a broad range of technologies with an encyclopedic knowledge of patent law’. Trial lawyer Brett Govett has ‘an excellent courtroom presence’ and Norman Hanson is ‘highly experienced and knowledgeable in the biomedical sector’. Commercial litigators Robert Harrell and Karl Dial are also recommended.

Within Trademarks: litigation, tier 4

Fulbright & Jaworski LLP’s trademark litigation group handles a wide spectrum of disputes, including anti-counterfeiting, trade dress and internet-related cases for well-known US-based and international companies. In the New York office, Mark Mutterperl and his team are well regarded for their counsel expertise. Mutterperl has experience in district courts across the US, as well as before Second and Fifth Circuits. Clients include high-profile names in telecoms, beverages, consumer products and retail services, in areas such as trade dress, trademark infringement and unfair competition disputes. From the Austin base, Richard Groos handles a broad range of trademark litigation as well as non-contentious matters. Acting alongside Minneapolis-based Timothy Kenny and Laura Borst, Groos represented General Mills in relation to a previous trademark infringement case it filed against a Turkish company regarding a brand-name product, with the defendant held in contempt when it violated a previous court order not to bring its brand of products into the US. Groos and Kenny also represented UnitedHealth Group in domain name and other cyber-related litigation.

Within Trademarks: non-contentious (full coverage), Fulbright & Jaworski LLP is a third tier firm,

Fulbright & Jaworski LLP’s trademarks team has a global reach, with a number of offices across the US and overseas, and advises some of the world’s leading brand names. The team undertakes the full range of non-contentious work, and also has a strong grounding in litigation, which further assists with transactions, licensing and policing matters. Sector strengths include chemicals, biotechnology, telecommunications and consumer products; the firm manages the global IP portfolios of a diverse range of leading US companies, including the Home Depot, UnitedHealth Group, General Mills, Brinker International and Farmers Group. Key lawyers include New York-based Mark Mutterperl, who is also experienced in litigation and false advertising matters.

Within International arbitration, Fulbright & Jaworski LLP is a third tier firm,

Fulbright & Jaworski LLP is a major player in international arbitration relating to the oil and gas and energy sectors, reflecting the firm’s Texas roots. Clients include Nigerian National Petroleum Corporation, Nova Scotia Power, Técnicas Reunidas and Yukos Oil Company. The practice acted successfully for Duke Energy International Peru Investments in an ICSID arbitration proceeding against the Government of Peru. The dispute concerned the alleged breach by the government of a legal stabilization investment agreement and the breach of international law with respect to the investment by the government as a result of improper assessment of various taxes. The firm also achieved a good result for Nigerian National Petroleum Corporation (NNPC) in a $1bn case involving claims and allegations of bribery and arbitrator misconduct. The firm secured a final judgment on behalf of NNPC upholding a favorable arbitral award; the judgment has now been affirmed on appeal. Mark Baker heads up the firm’s international arbitration group and is ‘impressive’. Matthew Kirtland and Kevin O’Gorman are also recommended.

Within Technology: data protection and privacy, Fulbright & Jaworski LLP is a third tier firm,

Fulbright & Jaworski LLP’s 65-attorney e-discovery and information management practice group, chaired by Robert Owen and David Kessler in New York and M Scott Incerto in Austin, represents global organizations involved in complex litigation, providing comprehensive guidance about electronically stored information. Advice covers the privacy and security implications of the collection and use of medical records and other consumer and employee information; security breaches, data leaks and identity theft. Compliance with regulations related to financial services and healthcare is a key focus area. Owen and Kessler provide ongoing advice to Shell Oil, GlaxoSmithKline and MTD Products. Incerto and his team are assisting the Texas Windstorm Insurance Association, Freescale Semiconductor and Farmers Group of Insurance Companies.

Within Technology: outsourcing, tier 4

Fulbright & Jaworski LLP’s outsourcing team focuses on the vendor side, representing service providers as well as some customers and is supported by its strength in technology transactions and information management. Michael Brito in Dallas, former in-house counsel for a global outsourcing provider EDS handles IT and BPO agreements in the automotive, financial services, industrial/manufacturing, insurance, retail, telecommunications and utilities industries and advises on restructuring and renegotiating existing outsourcing arrangements. Highlights included representing a global technology company in outsourcing its finance and accounting functions, and acting for a global consulting company in renewing its IT outsourcing contracts. The group also advises public sector and international institutions on outsourcing arrangements. Stacey Smotherman advises on large-scale, strategic transactions, including enterprise-wide licensing arrangements and offshore applications development and maintenance. High-profile clients include Capgemini US, EDS, CSC and Affiliated Computer Services.

Within Technology: transactions, tier 4

Fulbright & Jaworski LLP in Texas advises new and established businesses in the technology, engineering, energy and life sciences sectors on M&A, and funding and licensing and development agreements. Clients recommend the ‘exceptional’ David Peterman for complex transactions, notably assisting Lime Rock Partners with a joint venture with Petroleum Development Corporation. Charles Powell focuses on company funding, assisting Energy Alloys with a $180m expansion and restructuring of senior and mezzanine debt. Daryl Lansdale in San Antonio represented AT&T as lead investor in its multiple equity and debt investments in PlumChoice Online PC Services. In Austin, Darrell Windham represents Freescale Semiconductor. Other clients include DFB Pharmaceuticals, AirStrip Technologies Emergent Technologies and eVoltaic.

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

Fulbright & Jaworski LLP’s M&A group is an integral part of the firm’s ten US offices and six international offices. Houston partner-in-charge Michael Conlon was the lead attorney for a NYSE company in connection with a taxable spin-off of a division immediately followed by a sale of the company through a cash merger. Conlon has also acted in connection with the acquisitions and dispositions of oil refineries, as well as the purchases of significant retail businesses. New York-based Paul Jacobs co-heads the corporation, business and banking department. Jacobs is primarily engaged in the practice of corporate law, including M&A and joint ventures. He also represents companies and investment groups engaged in leveraged buyouts, and venture capital activities, as well as representing a number of publicly traded companies. Also in New York, Steven Suzzan co-chairs the firm’s private equity practice group, and vice-chairs the M&A practice group.

Within Real estate, Fulbright & Jaworski LLP is a third tier firm,

Douglas Danzig chairs Fulbright & Jaworski LLP’s 16-partner real estate group, which is predominantly located in several offices in Texas, as well as offices in New York, California, Missouri and Colorado. James Summers, among others, represented Alamo Cement Company, a US subsidiary of Buzzi Unicem SpA, on its $20m acquisition of raw materials and on a $20m joint venture involving the construction of an above-ground, seven-mile mining and conveyor system and processing facility. William Sing, Shelley Poore and Bryce Seki acted for Amegy Bank National Association on several transactions, including the sale and partial leaseback of a $1.7bn office building, and the $500m-plus sale of a commercial tract of land. Summers and John Jennings are representing Toyota Motor Engineering & Manufacturing NA on the construction and phase two development of a vehicle manufacturing plant and an associated on-site supplier park in San Antonio. Summers and Katherine Tapley represented Mays Investment on its $300m acquisition of a large commercial real estate portfolio in San Antonio. A large team advised The Lynd Corporate on forming a $300m joint venture with The Baupost Group to purchase non-performing loans and foreclosed real estate assets, and thereafter on subsequent activities.

Within Domestic tax: Central, Fulbright & Jaworski LLP is a third tier firm,

Fulbright & Jaworski LLP’s Texas tax practice is centered in Houston with representation in Dallas, Austin and San Antonio. The group, which is ‘in command of its subject matter, and quick to respond with acceptable solutions’, has impressive expertise in oil, gas and the wider energy sector, including upstream and downstream infrastructure and asset financing. Cross-border instructions are handled in conjunction with the firm’s offices in the Middle East and Asia. John (Jack) Allender heads the firm’s tax department with ‘technical and business expertise, and integrity’. In a significant instruction, Robert Philpott joined Allender to provide the corporate tax advice when the firm represented Brink’s Home Security in connection with its acquisition by Tyco International in a $2bn cash and stock merger; the deal closed in May 2010. Other recommended lawyers include Joyce Bode in Austin, who specializes in exempt organizations and partnerships; George Scofield, the head of the San Antonio office, who has a niche in the healthcare sector; and ‘knowledgeable, practical’ William Bowers in the Dallas office who is expert in federal tax planning. Andrius Kontrimas, in Houston, is ‘very good technically on foreign and US taxes, and always follows through with sound advice’. Tax practice clients include Baker Hughes, Transocean, Shaw Group, City of Austin and Electronic Data Systems.

Within Tax controversy, Fulbright & Jaworski LLP is a third tier firm,

Fulbright & Jaworski LLP’s Houston-centered controversy practice is also represented in other Texas cities and New York. Recommended litigators include John Allender, Jasper Taylor and Andrius Kontrimas. Kathryn Keneally in New York has handled numerous IRS investigations for high-net-worth individuals and includes criminal tax proceedings in her practice. Charles Hall, William Lee and Nancy Bowen are members of the team representing Merck in an appeal to the Third Circuit in a suit for the refund of $473m tax and interest; matters in issue include interest rate swaps, the economic substance doctrine, the substance over form doctrine, and the step transaction doctrine. Practice group clients include Triple A Poultry, Baker Hughes, Shell Petroleum and Valero Energy.