The Legal 500

Jenner & Block LLP

353 N. CLARK STREET, CHICAGO, IL 60654-3456, USA
Tel:
Work +1 312 222 9350
Fax:
Fax +1 312 527 0484
Web:
www.jenner.com

United States

Top-tier recommendations

  • United States: Intellectual property > Copyright

Recommendations

  • United States: Real estate and construction > Construction

United States: Finance

Within Corporate restructuring (including bankruptcy), tier 5

Under the leadership of bankruptcy, workout and corporate reorganization chair Daniel Murray, Jenner & Block LLP’s restructuring practice has carved a solid reputation for complex, and often contentious, bankruptcy cases. Areas of expertise include fraudulent transfer, preference and other avoidance actions. In a highlight example of the firm’s work in this area, bankruptcy litigation co-chairs Vincent Lazar and Catherine Steege are leading advice to Frederick Grede, the liquidation trustee of Sentinel Management Group, on matters relating to the ongoing $1bn investment-adviser fraud case. Other highlights include representing Ronald Peterson as the Chapter 7 trustee in 19 cases relating to the failed Lancelot and Colossus hedge funds, and acting for Public Service Enterprise Group as a creditor in the Chapter 11 cases of Edison Mission Energy and Midwest Generation. Named attorneys are located in Chicago.

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United States: Industry focus

Within Insurance: advice to policyholders, Jenner & Block LLP is a second tier firm,

Jenner & Block LLP’s Chicago-based policyholder practice has expertise spanning a broad range of insurance-related matters, including general liability, business interruption, property damage and D&O, as well as environmental, asbestos and other toxic tort coverage claims. The firm continues to provide high-quality representation for a range of clients including HSBC, United Conveyor and Motorola Mobility. The group succeeded in recovering over $80m in property damage and business interruption claims for American Electric Power in relation to a 2008 turbine failure accident at the DC Cook Nuclear Plant in Bridgman, Michigan. Chicago-based practice chair John Mathias has handled a number of significant matters, including representing Andrew Boron, the Illinois director of insurance, in the rehabilitation/liquidation proceedings of Lumbermens Mutual, American Manufacturers Mutual and American Motorist. The group is currently acting for Tyson Foods in its pursuit of coverage from Allstate in relation to environmental contamination allegations; and successfully represented ProBuild in its dispute with insurers over underlying Chinese drywall liabilities. Mary Craig Calkins moved to Kilpatrick Townsend & Stockton, with Linda Kornfeld and Jerold Oshinsky joining Kasowitz, Benson, Torres & Friedman LLP.

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United States: Intellectual property

Within Copyright, Jenner & Block LLP is a first tier firm,

Jenner & Block LLP remains at the forefront of the media and entertainment content provider space, acting in online-related copyright advisory and infringement matters. It lost Steven Fabrizio, who left to become general counsel at the Motion Picture Association of America (MPAA). Remaining lead litigators include team leader Andrew Bart and Susan Kohlmann, who are both in New York, and Los Angeles-based Andrew Thomas. It continued acting for Viacom in its long-running dispute against YouTube, which returned to another Second Circuit appeal hearing. The practice also obtained a $110m damages award for a group of major film studios from file-sharing website isoHunt.com, and it representing various film companies in bringing an infringement case against a file-trading website in Disney Enterprises v Hotfile. Ongoing work includes handling matters for television broadcasters, such as separate cases against Aereo and DISH Network. Representative clients include Universal Music Group, Warner Brothers Entertainment, Disney Enterprises and Fox Broadcasting Company.

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United States: Labor and employment

Within ERISA litigation, tier 4

ERISA-related issues handled by Jenner & Block LLP include defending clients in major class actions alleging breach of fiduciary duty claims; claims for benefits and claims that arise from reductions-in-workforce; counseling pension fund managers with respect to ERISA claims; and litigating claims for contributions to union multi-employer benefits plans; as well as claims in a bankruptcy context. The firm is ‘experienced in large class actions and better suited for big cases’. Clients include Aon Hewitt, General Dynamics, Cigna and the Committee of Retired Employees of American Airlines. In Chicago, Amanda Amert and Craig Martin co-chair the group.

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United States: Litigation

Within Securities: shareholder litigation, tier 6

Jenner & Block LLP’s team is ‘very knowledgeable about the securities industry and related law’. Stephen Ascher in New York is ‘extremely talented, a master tactician who is very effective in front of a jury’. Thomas Newkirk in Washington DC shows ‘an excellent attitude and aptitude for negotiations’. Ascher and Richard Ziegler won a landmark victory for Chesapeake Energy in a bond-related matter brought by BNY Mellon.

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Within Supreme Court and appellate, Jenner & Block LLP is a second tier firm,

Jenner & Block LLP’s attorneys ‘write well, argue brilliantly, handle coalitions of clients with political aplomb and are generally a pleasure to be with’. ‘Superstar’ Paul Smith represented Texas State Senator Wendy Davis and other individuals in Perry v Perez in which the Court rejected Texas’ argument that it should be able to use unprecleared maps; it also remanded for revision of the interim maps, suggesting that they departed too far from the state’s preferences. The firm is also a name for weighty appellate litigation such as the MTBE products litigation in which it represented New York, securing a significant win when the US Court of Appeals for the Second Circuit upheld a $104.7m judgment against ExxonMobil for contaminating City-owned wells. Other clients include Fox – for which it was recently granted cert to argue before the Supreme Court in WNET v Aereo – and Viacom and The Spamhaus Project.

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Within Trade secrets, tier 4

A significant highlight for Jenner & Block LLP was representing PepsiCo successfully in Joyce v PepsiCo, which saw a Wisconsin appeals court uphold a lower court decision to vacate a $1.26bn default judgment against the client based on a deficiency in the complaint. Edgenet, and CRC Insurance Services Inc are also clients. Debbie Berman, Bradford Lyerla, R Douglas Rees and Daniel Winters are significant figures within the practice.

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United States: Media, technology and telecoms

Within Technology: data protection and privacy, Jenner & Block LLP is a third tier firm,

Jenner & Block LLP recruited Mary Ellen Callahan, former Chief Privacy Officer of the Department of Homeland Security. Callahan now heads a seven-partner cross-disciplinary team advising consumer, healthcare, media and advertising industry clients on data governance policies and cybersecurity response plans. Key issues handled by the team include mobile application data – including geolocation and video streaming – and homeland security and biometric screening relating to air travel. Callahan, David Handzo and Matthew Price successfully defended internet service provider Embarq/CenturyLink in a putative class action regarding third party use of data for targeted advertising. All named attorneys are based in Washington DC.

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Within Telecoms and broadcast: regulatory, Jenner & Block LLP is a second tier firm,

Jenner & Block LLP’s ten-partner group of ‘intelligent, diligent attorneys’ combines experienced litigation and appellate attorneys with serious FCC expertise. It is led by former FCC general counsel Samuel Feder in Washington DC; he and Luke Platzer are ‘effective advocates’ who ‘bring intellectual depth and a strong understanding of the law’. In the past year, the firm has assisted with obtaining FCC regulatory approval for wireless acquisitions totaling nearly $2bn. Feder and ‘tough, fair problem-solver’ John Flynn are assisting Atlantic Tele-Network Inc with gaining FCC regulatory approval for the sale of most of its retail assets to AT&T. The pair are also representing Comcast in the US Court of Appeals concerning the FCC’s Universal Service Fund and Intercarrier Compensation Order as well as in multiple state court challenges to the regulation of VoIP service, and are representing Cablevision in FCC proceedings concerning IP interconnection. Flynn assisted DISH Network with obtaining approval to acquire 40 MHz of 2 GHz spectrum and in securing new rules applicable to this spectrum. Flynn and Fader are representing Crown Castle International in its efforts to renew its FCC spectrum license, which is part of LightSquared’s complex bankruptcy proceedings. Other major industry clients include Charter, Sprint and Sorenson Communications.

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Within Telecoms and broadcast: transactional, Jenner & Block LLP is a third tier firm,

Jenner & Block LLP’s practice, which draws on the firm’s regulatory strength, is led by Samuel Feder in Washington DC and Carissa Coze in Los Angeles. Among recent highlights, the firm advised 21st Century Fox on its acquisition of a 49% stake in the Yankees Entertainment & Sports Network (YES), assisted Fox International Channels with its acquisition of Latin American Pay Television Service (LAPTV) from Paramount Pictures, and advised FOX Sports Networks on its acquisition of the SportsTime Ohio channel and in the joint venture to create and launch Fox Sports San Diego. The firm is also handling the FCC approval process for Atlantic Tele-Network’s sale of retail assets to AT&T. Jolene Negre and John Flynn are also recommended.

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United States: Mergers, acquisitions and buyouts

Within M&A: middle-market ($500m-999m), tier 4

Jenner & Block LLP’s Chicago-based corporate chair Joseph Gromacki and M&A practice chair Thomas Monson are highly rated. Gromacki is a highly experienced corporate attorney who focuses on complex M&A transactions; he assists in the structuring and negotiation of public and private mergers, acquisitions, divestitures, and other transactions, with experience in the automotive, aerospace and defense, and financial industries, and regularly acts for General Motors in corporate matters. Monson has advised public and private companies on mergers, stock and asset acquisitions and divestitures, LBOs, venture capital transactions, restructurings and joint ventures. He acted for RCN Corporation on its $1.2bn sale to ABRY Partners; Motorola on the sale of its Embedded Communications Computing business to Emerson Electric; Rio Tinto Alcan on the sale of its plastic bottles business to Ball Corporation; and Equity Group Investments on a going-private transaction involving the Tribune Company. The practice also advised longstanding institutional client Honeywell International on its agreement to acquire 70% of Thomas Russell for $525m; and acted for Lonza Group on the $1.2bn acquisition of publicly traded Arch Chemicals.

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United States: Real estate and construction

Within Construction, tier 4

Chicago-based Jenner & Block LLP’s broad practice assists clients from the energy and transportation infrastructure sectors, as well as clients involved in high-rise building projects. It also has strength in insurance and environmental work. Highlights included represented Potash Corporation of Saskatchewan on all transactional and contentious matters arising from the $100m acquisition and construction of a rail yard and fertilizer storage warehouse in Indiana. Trial lawyer and arbitrator Joseph Bisceglia handles sophisticated litigation, and the firm recently won an important trial victory for Exelon, PSEG, Calpine and several other large utilities companies in a constitutional case with national implications for the electric power industry. Donald Horvath, who focuses on transactional matters, and senior partner Richard Steinken are also recommended.

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United States: Tax

Within Domestic tax: Central, tier 4

Based in Chicago, Jenner & Block LLP represents clients in the aerospace, defense, manufacturing, e-commerce, financial services, hospitality, food service, transportation, telecoms, and real estate sectors. It specializes in the tax issues surrounding acquisitions and dispositions, and offerings of securities, particularly tax-advantaged real estate securities. It also acts in tax controversies, at federal, state and local level. The chairs of the tax practice are Christian Kimball and Gail Morse, who focuses on SALT issues. Geoffrey Davis handles acquisition and divestiture transactions, restructurings and financings, and fund formation and related investments, as well as tax controversy matters.

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Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • China Drug Registration Regulation - Public consultation on amendment closes - March 2014

    In February 2014, the China Food and Drug Administration (“CFDA”) invited second-round comments from the public regarding proposed amendments to the China Drug Registration Regulations (“DRR”). One of the proposed amendments touches upon patent protection for drugs in China.
  • Revised NDRC Measures for Approval and Filing of Outbound Investment Projects - April 2014

    The National Development and Reform Commission ( NDRC ) released a new set of Management Measures for Approval and Filing of Outbound Investment Projects ( 境外投资项目核准和备案管理办法) ( New Measures ) on 8 April 2014. The New Measures take effect on 8 May 2014 and will replace the Interim Management Measures for Approval of Outbound Investment Projects ( 境外投资项目核准暂行管理办法) ( Original Measures ) which have been in force since 9 October 2004.
  • Insurance Update - CIRC Issues Insurance M&A Measures: What are the impacts and applications?

    On 21 March 2014, CIRC issued the Administrative Measures on the Acquisition and Merger of Insurance Companies (the Insurance M&A Measures ) which will take effect from 1 June 2014. The Insurance M&A Measures apply to M&A activities whereby an insurance company is the target for a merger or acquisition. The target insurance company could be either a domestic or a foreign invested insurer. However, the Insurance M&A Measures will not apply to any equity investment by insurance companies in non-insurance companies in China or in overseas insurance companies.
  • China issues new rules to regulate medical devices - May 2014

    The Regulations on Supervision and Administration of Medical Devices (in Chinese《医疗器械监督管理条例》, State Council Order No. 650) (the Medical Device Regulations) were amended by China's State Council on 31 March 2014 and will come into effect on 1 June 2014. This is the first amendment in more than a decade since the Medical Device Regulations were first promulgated in 2000, even though the amendment was initiated eight years ago in 2006. The 2014 amendment unveils reforms on the regulatory regime for medical devices market in China from various aspects.
  • Walking a fine line in China:Distinguishing between legitimate commercial deals and commercial bribe

    China in the 21st century exemplifies an atmosphere of great opportunity and intense competition. Against this backdrop, it has become increasingly common for businesses to adopt a variety of practices in order to make their products and services competitive. Such practices may include paying middle-men to promote sales and giving incentives to buyers directly. However, whilst revenue spikes are undoubtedly welcome, businesses should bear in mind the potential backlash arising out of these commercial arrangements. The risk that such arrangements may not comply with anti-bribery and corruption laws and therefore cause business significant damage in the long term should not be underestimated.
  • Rise of the private healthcare sector - July 2014

    As of 2013, China had 9,800 private hospitals, representing almost half of the total number of hospitals in the country 1 . However, private hospitals still severely lag behind their public peers due to low utilisation, talent shortages and incomplete social insurance coverage. As part of China's ongoing healthcare reform initiatives, the Chinese government has set a goal to increase the share of patients treated by private hospitals to 20% by the end of 2015 2 .
  • Banking regulation in China: Proposed deposit insurance system - December 2014

    On 30 November 2014, the State Council of China released a draft Deposit Insurance Regulation (the Draft), to establish a deposit insurance system in order to "protect interests of depositors, prevent and mitigate financial risks and maintain a stabilised financial system". The public are invited to submit comments on the Draft by 30 December 2014.
  • Tackling bribery: China toughens criminal law - December 2014

    Following earlier reforms of the PRC's anti-corruption rules (for further information, please see our previous briefings published in January 2013 and March 2011 ), the National People's Congress (NPC) has recently published a proposed amendment to the PRC Criminal Law in draft form for public comments (the Draft). The Draft expands the reach of official bribery offences, gives more autonomy to judges to inflict severe punishments, and generally increases the level and type of punishments that can be imposed on individuals who commit bribery offences. It further demonstrates the government's determination to tackle corruption in China.
  • China banking restrictions relaxed: New rules further open banking sector to foreign investors

    The State Council of China recently released amendments to the Foreign Bank Administrative Regulations of China (the Amendments) with effect from 1 January 2015.
  • Walking a Tightrope in Singapore - July 2014

    The world has no borders and distance is negligible for the technologically savvy criminal. Individuals with illicit funds to launder or terrorist activities to finance can, with the latest technology, transfer high volumes of money around the globe almost instantaneously and seek to conceal the origin or the destination of the funds.