The Legal 500

Within Healthcare and life sciences, Kaye Scholer LLP is a first tier firm,

Kaye Scholer LLP fields life sciences teams for contentious and non-contentious work, mixing representation of major manufacturers with a selection of fast-growing newer players, and also some venture capital and private equity investors. On the contentious side, the firm’s focus is on government investigations and key antitrust cases; it is also very strong for product liability and IP. In 2010, the firm represented a major manufacturer in price-fixing allegations brought by pharmacies in California and advised the same client on competition and regulatory approvals for an acquisition. The firm is also defending AstraZeneca and its subsidiary Tika Läkemedel AB in a $1.28bn case brought by Verus Pharmaceuticals Inc, alleging fraud and breach of contract in relation to development rights for a pediatric asthma treatment. The firm succeeded in having the case dismissed, which Verus appealed. Recent transactional highlights include advising Sandoz on acquiring Oriel Therapeutics, and acting for Novartis on a discovery and development collaboration with Array BioPharma Inc, initially worth $45m with possible milestone payments of $422m plus royalties. Former Pfizer general counsel Allen Waxman chairs the life sciences group and is very highly rated. Adam Golden heads the life sciences transactions team and is ‘a very talented life sciences adviser. He works on all aspects of life sciences from partnering transactions to capital raising and M&A’. The firm recruited life sciences transactional expert Andres Liivak from Reed Smith LLP in 2010. All of the attorneys recommended above are based in New York.

Within Patent litigation: full coverage, tier 4

Kaye Scholer LLP is ‘exceptional in trial ability’ and ‘provides smart legal advice with an eye on furthering the business objectives of the client’. It has great strength on the life sciences side, representing leading names such as Wyeth, Pfizer and Roche. Leora Ben-Ami has a strong track record in the sector, and advised alongside Patricia Carson in the district court and on appeal in Wyeth v Kappos. Ben-Ami and Thomas Fleming are ‘particularly gifted’ in IP trial work, and ‘have a high-quality team that can address litigation and transactional issues equally well’. They represented DuPont in a settlement of three lawsuits with Invista regarding technology for manufacturing Nylon, as well as a high-profile ongoing case against Monsanto involving patent infringement of biotechnology related to GM crops. Scott Lindvall represented Rolls-Royce in litigation against United Technologies regarding jet engine technology. Trial lawyer Alan Fisch defended Novartis in an infringement case brought by patent holding company Webvention. Litigators Michael Malacek and Peter Root joined the Silicon Valley office, which opened in early 2010, from Dewey & LeBoeuf LLP, while trial lawyer Robert Unikel joined the Chicago office from Howrey LLP.

Within Product liability and mass tort defense: pharmaceuticals and medical devices, Kaye Scholer LLP is a first tier firm,

Kaye Scholer LLP has an outstanding reputation as one of the premier product liability practices and its greatest strength lies in the life sciences sector. This is reflected in the large number of national counsel instructions it receives from clients including AstraZeneca, Pfizer, Boston Scientific and Allergan. The team continued to defend Pfizer in thousands of cases in the hormone replacement therapy (HRT) litigation, wherein the practice is acting alongside a number of firms and has a leadership role that includes overall litigation and trial strategy and tactics, legal briefing and settlement negotiations. It also represented Pfizer in Viagra product liability claims, defending it against various claims including heart attack, stroke, vision loss and priapism; the firm recently closed out the federal MDL, with the last of the cases being dismissed. For AstraZeneca, it is co-national counsel in thousands of lawsuits alleging that its anti-psychotic drug Seroquel causes diabetes and related injuries. For Boston Scientific, the firm acts as national counsel in connection with over 200 claims involving the Taxus Express Coronary Stent System (Taxus Stent), a medical device used by doctors to treat coronary disease. Plaintiffs allege that patients implanted with the Taxus Stent have an increased risk of experiencing late stent thrombosis. In 2010, the team successfully obtained dismissals of several cases on the grounds of federal preemption. James Herschlein was instrumental in the Boston Scientific litigation, and is ‘very bright and experienced’. Practice chair Steven Glickstein is ‘responsive and efficient’, and Arthur Brown is a ‘phenomenal lawyer’. Former general counsel of Pfizer Allen Waxman led the ‘tremendous team’ in the HRT litigation, which also included Lori Leskin, Los Angeles-based Pamela Yates and Washington DC-based William Hoffman, as well as Randolph Sherman. All recommended partners are based in New York except where stated otherwise.

Within Technology: outsourcing, tier 4

Clients recommend Kaye Scholer LLP’s practice group head William Tanenbaum in New York as ‘an outstanding attorney with a deep knowledge and understanding of technology and outsourcing and a deeply principled and trustworthy colleague’. The group’s ‘brilliant attorneys collaborate well and provide fast, diligent responses’. The firm’s strength in financial services and defense industry work gives it valuable expertise in managing outsourcing transactions in heavily regulated industries. Green IT, cleantech, energy efficiency and water management are other core specialisms. Recent instructions include handling pharma BPO outsourcing for Novartis, financial services IT outsourcing for CLS Bank in highly regulated market for foreign exchange trading and technology litigation and transactional work for Axa Financial

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

Fielding a 12-partner M&A team, Kaye Scholer LLP is especially strong in pharmaceuticals, defense and private equity matters. Recently the team represented long-time client JW Childs Associates, BAML Capital Partners and Advantage Sales & Marketing in connection with the proposed sale of Advantage Sales & Marketing to Apax Partners, advised American Securities in its significant investment in Advanced Drainage Systems, a leading manufacturer of corrugated high-density polyethylene pipe, and acted for Arlington Capital Partners in its investment in Compusearch Systems, a provider of enterprise software and services that automate mandated business rules for public sector organizations with authority to spend, grant, or move funds. The team also represented The InterFlex Group, an international flexible packaging company, in its acquisition of C&H Packaging Company. Stephen Koval, Emanuel Cherney and Joel Greenberg are respected practitioners. Co-corporate and finance chair Adam Golden also heads the life sciences transactions practice.

Within Real estate, Kaye Scholer LLP is a third tier firm,

Kaye Scholer LLP’s nine-partner team is conversant with a wide range of real estate finance matters, and is co-led by the ‘experienced, hardworking, and practical’ Warren Bernstein and the highly regarded Stephen Gliatta. The group ‘stands out for its level of expertise and delivery of services’, and is ‘very responsive, up to date on latest trends, very creative and user-friendly’. Gliatta, together with the ‘uniquely talented’ Jeannie Bionda and the ‘excellent’ Louis Hait, advised Bank of America Merrill Lynch on its $2bn mortgage and mezzanine loan in relation to the Extended Stay Hotels bankruptcy. The team also represented The Bank of Nova Scotia as agent of a lender syndicate on the successful restructuring of a $580m credit facility and creation of a $30m working capital facility relating to a portfolio comprising 21 office properties in Washington DC. Bernstein and Aaron Lehrfield represented a group of banks on the restructuring of a $325m senior housing portfolio loan provided to a joint venture between a public senior housing company and a private investor. The team also advised Capmark Finance Group in a bankruptcy case involving Georgetown Mall in Washington DC; a syndicate of lenders on providing new financing for 300 Park Avenue; and Deutsche Bank on the $200m financing of a regional mall in Arizona. Michael Damast and colleagues represented Loan Core Capital on its acquisition of more than $500m of senior and mezzanine debt, and UBS on the sale of $800m of whole loans, participation interests and mezzanine loans.