The Legal 500

Within Corporate restructuring, tier 7

Based out of Atlanta under the stewardship of Todd Meyers, Kilpatrick Townsend & Stockton’s seven-partner team’s diverse practice represents debtors, trustees, examiners, lenders, indenture trustees and purchasers. Particularly accomplished on the creditor side, the firm regularly picks up committee work, such as its recent representation of the official committee of unsecured creditors of Amelia Island Company. Other highlights included representing Wilmington Trust Company as indenture trustee for Citadel Broadcasting’s unsecured bond debt. Although it lacks a significant presence in New York, its solitary bankruptcy partner there, Jonathan Polonsky has a vibrant practice that encompasses instructions from bankruptcy trustees, examiners and creditors’ committees.

Within Insurance: advice to policyholders, tier 4

Kilpatrick Townsend & Stockton’s insurance recovery practice comprises 20 fee-earners, operating out of the firm’s offices in Atlanta, Augusta, Raleigh, New York, Winston-Salem and Washington DC. Julie Lierly is noted as ‘excellent at simplifying complex issues and advising on coverage strategies’. Barry Fleishman is leading the firm’s representation of Archston Smith Operating Trust in a coverage dispute (with cases pending in state court in New York and Colorado) relating to losses of more than $50m, involving property, general liability and pollution liability. On the D&O side, recent work includes acting for Beazer Homes in seeking multimillion-dollar coverage (under a third-layer-excess D&O policy) in defense costs and actual and potential liabilities accruing from securities litigation, where the parties reached an agreement through mediation. Additions made to the team during 2010 included Jeffrey Lenser and Helen Michael.

Within Copyright, Kilpatrick Townsend & Stockton is a third tier firm,

Kilpatrick Townsend & Stockton LLP’s recent merger with IP boutique Townsend and Townsend and Crew LLP provides the general practice firm with a presence in San Francisco alongside its Atlanta HQ and New York and Washington DC bases, and strengthens its contentious and non-contentious copyright capabilities. Joseph Beck and Joseph Petersen are well regarded for their knowledge of cutting-edge copyright issues, and the practice is developing its hi-tech focus alongside its established reputation for advising industrial manufacturers. The team advised wireless service provider AT&T Mobility in a case against ASCAP concerning the value of performances of music on mobile phones and certain AT&T websites, which ended in a favorable settlement for the client. It also acted for the client in obtaining a summary judgment declaring that its distribution of ringtone files did not implicate performance rights or require a license. In addition, Beck represented Sony Pictures Entertainment in successfully dismissing a copyright infringement claim brought by a comic writer regarding the movie You Don’t Mess With The Zohan; Lisa Pearson successfully represented well-known consumer brand Pedi-Perfect in a copyright infringement claim; while James Trigg focuses on internet and music copyright-related issues. Other clients include visual content provider Masterfile, industrial manufacturer Universal Furniture, Fusion Entertainment and Capitol Records.

Within Overview,

New York-based Darby & Darby, one of the oldest IP boutiques in the US, was dissolved, with lawyers leaving to join general practice firms such as McDermott Will & Emery LLP and Stroock & Stroock & Lavan LLP, while San Francisco’s Townsend and Townsend and Crew merged with Kilpatrick Stockton to form Kilpatrick Townsend & Stockton at the start of 2011. Once one of the IP powerhouses, Howrey LLP dissolved in April 2011. Among the key high-profile partner moves, former IP co-chairs William Rooklidge and Alan Grimaldi went to Jones Day and Mayer Brown respectively, while Dewey & LeBoeuf LLP hired a number of West Coast-based lawyers, including former vice-chairman Henry Bunsow. Bert Reiser, a key lawyer in Section 337 cases, and Matthew Moore, went to Latham & Watkins LLP. Matthew Wolf and counsel Marc Cohn moved to Arnold & Porter LLP.

Within Patent prosecution: utility and design patents , tier 4

Newly formed firm Kilpatrick Townsend & Stockton is the result of the merger between full-service firm Kilpatrick Stockton LLP and well-regarded IP boutique Townsend and Townsend and Crew LLP, which came into effect in January 2011. The combined firm has a total of 14 offices across the US, and a well-resourced IP practice specializing in three core areas – mechanical engineering, software and electrical engineering, and biotechnology and chemicals. The team of 60 prosecution partners has a broad and highly esteemed global client base, including Amazon.com, Apple, Smith & Nephew, Pixar, Hitachi and Interface. Individuals of note include the hugely experienced John Pratt, who chairs the firm’s IP practice from Atlanta, and has notable expertise in tool and furniture matters. Other active partners include James Ewing and Mark Barrish, who co-lead the mechanical and medical devices team.

Within Trademarks: litigation, Kilpatrick Townsend & Stockton is a second tier firm,

Kilpatrick Townsend & Stockton’s merger added further firepower to its trademark litigation capabilities through the arrival of a sizeable team in San Francisco. William Brewster leads the practice and is well regarded for his extensive trial and appeal experience; he recently represented key client adidas in a lawsuit against Herbalife International, claiming infringement of adidas trademarks through use of a similar logo on sporting apparel and in promotion of sporting events. The team also won an injunction for Chrysler regarding the use of the automotive manufacturer’s Jeep trademarks in its opponent’s products. New York-based Lisa Pearson has particular experience in representing fashion, luxury and other consumer goods companies. Highlights included obtaining a preliminary injunction for CVS in Zino Davidoff SA v CVS Corporation, an important ruling for anti-counterfeiting with a Second Circuit appeal affirming the decision. Charles Henn and Jerre Swann are also notable attorneys.

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

Kilpatrick Townsend & Stockton’s team of 55 ‘highly skilled’ trademarks lawyers is mainly based in Atlanta, and undertakes the full range of work from watching services to multinational clearance and filing programs. The hugely experienced Bill Brewster leads the group from Atlanta, and is supported by recommended lawyers Jason Vogel and Stephen Feingold in New York. Aside from the firms’ merger, the team has recently grown with a number of associate hires across the US, giving further breadth to an already large team, and it ‘goes above and beyond and gets things done quickly’; ‘no firm comes close to how quickly the firm works on trademarks clearance work’. Clients include Citi, Dwyer Group, Furniture Brands International, Genesco, Krispy Kreme Doughnuts, Marriott, Merrill Lynch and Spectrum Brands.

Within Technology: outsourcing, tier 4

Kilpatrick Townsend & Stockton’s outsourcing practice, headed by James Steinberg in Atlanta, advises national and international clients in the telecoms, financial, healthcare and technology industry. It provides guidance to companies at every stage of the sourcing process, from the formulation of the sourcing strategy through to the management of the outsourced function. It also advises on subsequent matters including the renegotiation, restructuring or termination of existing outsourced arrangements, in-sourcing or re-sourcing previously outsourced functions, monitoring compliance and enforcing contractual commitments. Steinberg represented a publicly held web hosting company in strategic marketing alliance with a leading telecommunications company and one of the largest US forest products manufacturers in outsourcing its finance and accounting functions. Although most of its work is on the customer side, the group also represents outsourcing providers. Wayne Elowe represented Neusoft Corporation, the largest outsourcing service provider in China, as global counsel in connection with Neusoft’s international expansion and in connection with its US acquisitions

Within M&A: middle-market (sub-$500m), Kilpatrick Townsend & Stockton is a second tier firm,

The ‘excellent’ Kilpatrick Townsend & Stockton is a ‘highly responsive and innovative law firm’. In Atlanta, ‘business-oriented and objective’ Ben Barkley represented EyeWonder in its merger with Limelight Networks, a publicly traded content delivery network provider, the acquisition value being approximately $110m plus earnout. Appreciated for his ‘fantastic negotiation skills’, Gregory Cinnamon represented AGL Resources in the $71.5m disposition of its dark-fiber telecommunications business to Colorado-based Zayo Group, a private equity-backed company. The firm also represented American Tower International in its purchase and leaseback of 140 cell phone towers from VTR Globalcom, a Chilean subsidiary of Liberty Global. The transaction was the first signed deal using the lease of infrastructure model in the Chilean wireless sector. Oldcastle Materials, a vertically integrated supplier of aggregates, asphalt, ready-mixed concrete and paving services, was represented in nine completed acquisitions between October 2009 and July 2010, valued at approximately $275m. Practice leader Rich Cicchillo in Atlanta ‘is fantastic. He provides incredible response times and understands clients’ business’.

Within Construction (including construction litigation), Kilpatrick Townsend & Stockton is a second tier firm,

The ‘practical and client-focused’ team at Kilpatrick Townsend & Stockton recently expanded its US reach through the firm’s merger with Oakland-based boutique Bell, Rosenberg & Hughes LLP in 2010, allowing entry into the Californian market; the addition of this group brought ten new construction specialists to the firm, five of them at partner level. With well-resourced offices elsewhere in Georgia, New York and North Carolina, the firm serves clients from a national platform and ‘ranks with the best’. The construction practice spans all areas of the industry, acting for public and private owners, general contractors, developers, design and engineering firms, contractors and sureties. It is handling a number of high-value matters across the US including advising the city of Atlanta on its $6bn airport expansion. Another big-ticket mandate comes from the state of South Carolina and the South Carolina State Ports Authority, in connection with an inter-governmental agreement (and future inter-state compact) with the state of Georgia and the Georgia Ports Authority; the contract encompasses a $5bn plan to develop and build a post-panamax marine services terminal at the mouth of the Savannah River. The firm also represents one of the nation’s largest healthcare providers, which regularly develops hospitals and medical and administrative offices from coast to coast, on both contentious and non-contentious matters; recent work includes a case concerning a new hospital development against a national and international general contractor and members of a design team, with the claims settled favorably after a series of mediations and negotiations and tens of millions of dollars recovered in damages. ‘Excellent trial attorney’ Brian Corgan is head of the construction and infrastructure group, and specializes in construction contracts, litigation and ADR. Randy Hafer is also recommended as ‘pragmatic and extremely experienced in handling disputes’, while Neal Sweeney is ‘an encyclopedia of construction law’.