The Legal 500

Within Corporate restructuring, tier 7

Headed by the ‘impressive’ James Carr, Kelley Drye & Warren LLP’s New York-based four-partner group represents a strong cadre of top corporates and financial institutions including HSBC, IGI Resources, JPMorgan, Jones Lang LaSalle and Wells Fargo. The team is particularly accomplished at handling creditor mandates for both financial institutions and for unsecured creditors’ committees. Led by Carr and Eric Wilson, the firm is advising Sun Life Assurance Company of Canada as a senior secured creditor of Saint Vincents Catholic Medical Centers of New York. Carr and Wilson have also been representing US Bank as indenture trustee in the bankruptcy proceedings of Trump Entertainment Resorts. The group also has a niche expertise advising on maritime and environmental bankruptcy matters, as exemplified by its recent representation of the official committee of unsecured creditors as the main proponent of a plan of liquidation for Bender Shipbuilding & Repair Company.

Within Insurance: advice to policyholders, tier 4

With the departure of former practice chair John Heintz in 2010, Kelley Drye & Warren LLP now has Richard Milone heading a ten-fee-earner insurance coverage practice. Milone has twenty years of experience in this field, with particular expertise in policyholder representation in intellectual property, false advertising, trademark and patent infringement matters. It is representing Welch Foods in two lawsuits pending in the US District Court for the Central District of California, seeking coverage for defense costs arising from the underlying false advertising claims in POM Wonderful v Welch, and also costs to fund a potential settlement. The firm is increasingly focusing on niche areas of expertise, such as representation of entertainers in tour cancellation matters, drawing on the strengths of Robert Steiner. Representative clients include AOL, Lyondell Chemical Company, Millennium Successor Trust and Polo Ralph Lauren.

Within Trademarks: litigation, tier 5

Kelley Drye & Warren LLP advises the companies behind well-known global consumer product brands such as Avon, Bacardi and Polo. New York-based IP chair William Golden is an experienced trial counsel, while Andrea Calvaruso leads the trademark and copyright group, with experience in district court, TTAB and ICANN proceedings. A particular highlight for Golden was successfully representing Bacardi in its long-running dispute with Pernod Ricard regarding the Havana Club trademark, with a district court ruling that no violation was found; the matter is now set to go to appeal at the Third Circuit. The practice was also involved in representing PRL USA Holdings in relation to its Polo fashion brand. Its track record also includes successful representations at New York district courts for various consumer product companies. It also successfully defended Perrigo against a lawsuit filed by Rexall Sundown regarding trademark violation and unfair competition in relation to a product description on Perrigo’s generic version of Rexall’s Osteo Bi-Flex brand product.

Within Trademarks: non-contentious (full coverage), tier 4

Kelley Drye & Warren LLP’s ‘fantastic’ trademarks practice has expertise in the full range of industries, including media and entertainment, fashion, retail, security and real estate, and assists a number of well-known clients with portfolio management matters worldwide. The team of six ‘knowledgeable’ partners is led by Andrea Calvaruso in New York, who is praised as ‘smart, reliable, trustworthy, knowledgeable and responsive’. The ‘superb’ Nancy Lutz is also singled out for praise, for her ‘unbelievable grasp of domestic trademark law and her impressive knowledge of international matters’. Clients also speak very highly of the group as a whole; ‘service on all requests is excellent’. Key clients include The Miss Universe Organization, Foot Locker, Polo Ralph Lauren, Avon and Bacardi.

Within International trade, Kelley Drye & Warren LLP is a second tier firm,

Kelley Drye & Warren LLP is one of the few firms to specialise in petitioners work in international trade with a strong track record in protecting domestic manufacturers against unfairly traded goods and significant expertise in antidumping and countervailing duties matters. The firm also helps companies with traditional trade issues such as classification, valuation and country of origin and is active on WTO, NAFTA and other international agreements. The firm is representing Allegheny Ludlum Corporation in advising the US government in a precedent-setting appeal to the World Trade Organization (WTO) challenging the imposition of antidumping and countervailing duties against American producers of electrical steel, used to make power transformers. The ongoing appeal alleges that China failed to follow WTO rules in its investigation, thus making it impossible for the US producers to defend themselves. On the policy side, the practice helped to forge a partnership between the global chocolate and cocoa industry, US Department of Labor, US Senator Tom Harkin and US Representative Eliot Engel and the governments of Ghana and Cote d’Ivoire. This agreement, known as the Framework Of Action in Support of the Harkin-Engel Protocol, represents a significant achievement in reduction of the worst forms of child labor in the cocoa growing areas. David Hartquist heads up the practice and is ‘exceptionally bright’; Kathleen Cannon and Paul Rosenthal are also recommended.

Within Marketing and advertising, Kelley Drye & Warren LLP is a second tier firm,

Kelley Drye & Warren LLP’s national advertising practice handles transactional work, NAD hearings, class action defense and false advertising litigation. It is particularly well regarded for its regulatory prowess, with core strength in FTC matters and proceedings before NAD and NARB. Key clients include Burger King, Dell, Electrolux, Expedia, Nestlé HealthCare Nutrition and The Sherwin-Williams Company. Nine partners and ten associates work out of Washington DC, supported by special counsel August Horvath in New York. Regulatory work includes representing Pre-Paid Legal Services in negotiations with the FTC investigation regarding its advertising and privacy business practices. John Villafranco, who represents Sprint Nextel, wins plaudits from clients and peers. Dana Rosenfeld represented national pharmacy chain Walgreens in a settlement with the FTC regarding advertisements for “Wal-Born” dietary supplements. Practice head Lewis Rose and Food and Drug Administration (FDA) specialist Sarah Roller are defending Ocean Spray against claims by POM Wonderful alleging that labeling and advertising for Ocean Spray’s pomegranate and cranberry juice blend products violated the Lanham Act and California consumer protection laws. Gonzalo Mon, who has particular expertise advising on new media ad campaigns and promotions, and ‘rising star’ Alysa Hutnik, who focuses on consumer protection issues, were elected partner.

Within Technology: data protection and privacy, Kelley Drye & Warren LLP is a third tier firm,

The Washington DC-based privacy practice of Kelley Drye & Warren LLP is led by Dana Rosenfeld, former assistant director at the FTC’s Bureau of Consumer Protection. Former FTC staff Jodie Bernstein and William MacLeod augment the group’s expertise in handling government enforcement and compliance matters and privacy and data security litigation. The group’s regulatory strength and its synergies with the firm’s advertising and market practice are supported by John Villafranco, who advises on privacy, data security, electronic commerce, dietary supplement labeling, promotions and marketing, fair credit reporting, debt collection practices, health and safety claims, environmental marketing and standard certification. John Heitmann represents telecoms and broadband service providers and users in privacy-related matters. Data privacy and security specialist Alysa Hutnik and Gonzalo Mon, who advises on social media, mobile marketing and behavioral advertising, were elected partners. Operating at the intersection between advertising and consumer protection, the practice advises blue-chip companies in the hospitality and telecom sector and national and international retailers, notably in relation to behavioral advertising and online profiling. Other clients include internet and technology companies and financial services providers. Highlights included successfully representing Pre-Paid Legal Services, the largest provider of pre-paid legal plans in the country, in relation to an FTC investigation. An impressive client list includes Foot Locker, Walgreen Co., Saks Fifth Avenue, One Communications, XO Communications and Altria Group.

Within Technology: outsourcing, tier 4

Kelley Drye & Warren LLP represents outsourcing and technology providers and their clients. The practice is supported by the firm’s strength in financial services, healthcare, life sciences and telecoms. It is especially strong in offshoring, benefiting from an affiliate office in India, which enables it to advise on any outsourcing transaction involving India-based resources or assets. Practice head W Michael Ryan in Chicago represented a large real estate developer in its negotiations with one of the largest US computer equipment providers for the provision of technology services and equipment into one of the largest city-scale real estate developments in Asia in a complex transaction involving parties from throughout Asia and the United States. Clients range from large multinational corporations to early-stage companies looking to commercialize cutting-edge technologies and business practices, and cut across numerous industry sectors, including banking, insurance, healthcare, telecoms and IT.

Within Telecoms and broadcast: regulatory, Kelley Drye & Warren LLP is a second tier firm,

Kelley Drye & Warren LLP’s 11-partner practice, based in Washington DC and Chicago, is recognized for its representations at state and federal level and has an excellent reputation among local carriers. According to clients, the group’s ‘broad telecom practice can provide expert assistance in all areas of telecom. No firm has a stronger practice in this area’. Clients appreciate practice head Robert Aamoth for his ‘understanding of past and present telecoms issues and regulatory bodies in different jurisdictions’ and his ‘diplomacy in international negotiations’. He continues to represent Guyana Telephone & Telegraph (GT&T) in its ongoing efforts to establish a new interconnection agreement with its principal mobile competitor in Guyana. These efforts have included first-chair representation of GT&T in open hearings before the Public Utility Commission concerning establishing fixed and mobile termination rates, as well as negotiating the rates, terms and conditions of an interconnection agreement. Aamoth also works with foreign carriers entering the US market. Brad Mutschelknaus represents carriers in matters before the FCC, state PUCs and in federal courts Steven Augustino has a particular focus on defending clients in FCC enforcement actions, including Universal Service Fund (USF) audits and compliance investigations and has filed multiple appeals of USAC administrative decisions. Clients appreciate his ‘excellent business acumen which means that his insight is on point and applicable, from a legal perspective, and from a real world business perspective’. John Heitmann is commended for ‘quick, cost-effective solutions’. Clients include XO Communications, First Communications, and its subsidiary, GlobalCom, Nuvox, Broadview Networks, Cavalier Communications and T-Mobile.

Within M&A: middle-market (sub-$500m), Kelley Drye & Warren LLP is a third tier firm,

Kelley Drye & Warren LLP’s corporate and M&A team is backed by a strong finance practice, spanning all aspects of bank finance and capital market transactions. Recently, the firm has been especially focused on assisting clients with the restructuring of capital structures. Additionally, it has provided assistance to a number of financial institutions in restructuring troubled loans and asset holdings. Key industry sectors for the team include IT & outsourcing, financial, healthcare, restructuring and real estate. Timothy Lavender has represented both privately and publicly held clients in all types of M&A work, both asset and stock, as well as liquidations in all industries. Thomas Ferguson’s M&A experience ranges from small asset deals to multimillion-dollar transactions, including providing strategic counsel and conducting primary negotiations. Ferguson is also noted for traditional private equity and buy-out transactions. He advised a group of high-net-worth investors in connection with a multimillion-dollar investment in a medical device company, and assisted a domestic and long distance telecom service company in connection with the sale of a majority ownership percentage of the company. Andrew Pillsbury acted for a management group in management-led buyout of a division of a publicly traded parent company.