The Legal 500

Within Bank lending (including other sources of financing), tier 4

Kirkland & Ellis LLP’s practice is based for the greater part in Chicago and New York and traditionally has a focus on the sponsor side, representing several major private equity houses and other investors, such as 3G Capital Management and CVC Capital Partners. In 2010 the group grew its lender-side practice, acting for notable clients such as Bank of America, and saw an increase in buyout work and crossover transactions. Jason Kanner and Leonard Klingbaum, both in New York, acted for Charter Communications as borrower in an unusual deal with a combined value of $11.4bn, which involved reinstating its entire $8bn first-lien senior credit facility in relation to its emergence from Chapter 11; in addition to other, linked transactions, Charter entered into a new $1.3bn revolving credit facility, due to mature March 2015. Well-respected Chicago-based group head Linda Myers acted with Michelle Kilkenney for Madison Dearborn Partners on its acquisition of a 51% stake in TransUnion Corporation, in partnership with the Pritzker Family: a deal that united two of the most important investor groups in Chicago. The firm also advised Bain Capital Partners on the $1.63bn purchase of the Styron division of the Dow Chemical Company, with debt financing of $1.04bn. Clients rate New York’s Joshua Korff as ‘fantastic’ on offerings and securities, and Jay Ptashek is recommended for his expertise in private equity and leveraged finance.

Within Capital markets: debt offerings, Kirkland & Ellis LLP is a third tier firm,

Headquartered in Chicago and with a strong capital markets focus in New York, Kirkland & Ellis LLP delivers a ‘very high level of service’ to clients. With ‘excellent knowledge and customer service’, the firm is particularly known for the strength of its issuer representation, in part thanks to the ‘vibrant’ private equity practice at the firm. Key high-profile clients include Kellogg and Boeing. The practice also has a substantial high-yield debt capability, which continues to go from strength to strength. Recent highlights for the firm include advising Wyndham Worldwide Corporation in a $250m 7.375% senior notes offering, and in a further offering of $250m of 5.75% senior notes, a transaction led by New York-based Christian Nagler. Carol Anne Huff in Chicago advised US Concrete regarding a $55m subscription offer for convertible secured notes. Joshua Korff in New York is also highly recommended, and Chicago-based Gerald Nowak is ‘quick to respond’ and praised for his ‘common sense and practicality’. Clients also rate Nowak’s ‘ability to distil a complicated matter down’. Dennis Myers in Chicago is singled out for his experience.

Within Capital markets: equity offerings, Kirkland & Ellis LLP is a third tier firm,

Kirkland & Ellis LLP’s team provides ‘sound business advice’ to clients and is praised for its ‘high level of responsiveness’. The firm’s strength in private equity work translates into expert issuer advice, delivered with a ‘seamless service’ which clients rate as being ‘truly priceless’. In Chicago, Dennis Myers is noted for his SEC expertise, and advised Sensata Technologies in its $568.8m IPO in March 2010. Gerald Nowak represented Gordmans Stores in its $58.9m IPO, while in New York Christian Nagler represented Motricity in its $46.5m IPO. Also in New York, Joshua Korff handled several secondary offerings, including advising Trailer Investments on a $148m secondary offering of common stock. With increasing experience on the manager side, Korff also advised the underwriters (Morgan Stanley and others) on the $660.1m IPO of SMART Technologies. Based in Chicago, Jeffrey Richards has a ‘broad knowledge base and business acumen’.

Within Capital markets: high-yield debt offerings, Kirkland & Ellis LLP is a second tier firm,

Providing ‘very good overall levels of service’, Kirkland & Ellis LLP places a strong emphasis on high-yield debt offerings both in the domestic and European markets. It is noted for its strength as issuer counsel, which stems from the firm’s excellent private equity practice. With experience in secured bonds and in refinancing term loans, the practice advises a host of major sponsors. Joshua Korff in New York advised Burger King in a $800m offering of 9.875% senior notes, and also assisted Avis Budget Car Rental and Avis Budget Finance in a $450m 9.625% senior notes offering, and in a further $400m 8.25% senior notes offering. Korff also advised Clearwire Communications in Clearwire Escrow’s $920m 12% senior secured notes offering, and Bankrate in a $300m offering of 11.75% senior notes. Christian Nagler advised Charter Communications in CCO Holdings’ $1.6bn senior notes offering and in a further $1.1bn senior notes offering, in April and September 2010 respectively. In Chicago, Dennis Myers is noted for his ‘business acumen and technical knowledge’, and assisted Sorenson Communications in a $750m 10.5% senior secured notes offering. Gerald Nowak advised NRG Energy in a $1.1bn offering of 8.25% senior notes, and also represented Midwest Gaming in a $175m offering of 11.625% senior secured notes. The firm’s specific focus on advising high-profile issuer clients contributes to its excellent reputation in the wider market.

Within Corporate restructuring, Kirkland & Ellis LLP is a first tier firm,

Kirkland & Ellis LLP’s over 100-strong international team has the critical mass and ‘restructuring expertise’ to handle many of the largest national and cross-border mandates in the market and is ‘among the best debtor-side lawyers in the country’. As well as standalone instructions, the practice generates a significant amount of its predominantly debtor-side workload from its impressive array of corporates and private equity clients. As a full-service powerhouse, the firm is able to provide deep industry specific expertise in areas such as gaming, media, real estate, manufacturing and transportation, as well as complementary expertise in corporate, tax, litigation and finance. This overarching excellence has seen the practice involved in a slew of some of the country’s largest debtor mandates in recent years, including work for Pierre Foods, Solutia, Hines Horticulture, Tropicana Entertainment, Sea Containers and Eddie Bauer Holdings. Recent major assignments include successfully guiding Charter Communications out of Chapter 11 protection, in ‘one of the largest and most complex pre-arranged bankruptcies ever’; the ‘fantastic’ Richard Cieri and ‘great strategist’ Paul Basta both had an integral role. Other notable matters included successfully guiding Chemtura and General Growth Properties out of Chapter 11 protection, and the team’s current representation of Innkeepers USA Trust, the owner and operator of an extensive portfolio of extended-stay and select-service hotels, in its $1.4bn restructuring. Able to tap into strong international restructuring teams particularly out of London, another sweet spot for the team is its ability to handle complex multi-jurisdictional instructions, successfully guiding the Reader’s Digest Association out of its pre-arranged Chapter 11. As well as informing a significant amount of its debtor practice, the firm’s private equity clients also provide a pipeline of work in relation to distressed M&A assignments, recently acting for Oaktree Capital Management on its acquisition of Regent Communications. ‘Great strategist’ Marc Kieselstein, the ‘immensely talented and experienced’ James Sprayregen and ‘very good negotiator’ Anup Sathy are pivotal members of a team which also acts for FGIC, Flying J, Neff, Visteon and Japan Airlines.

Within Structured finance , tier 4

Kirkland & Ellis LLP provides ‘excellent response, knowledge and bench strength, and overall value for dollars spent’. The firm handles a high volume of transactions, and generally features high in the league tables for issuer representation in asset-backed securities. Kenneth Morrison, ‘very thorough, with immense industry knowledge’, leads the firm’s global asset finance and securitization practice from Chicago, with Jeffrey O’Connor, who ‘takes difficult and complex issues and is prepared to spend the time explaining these and educating the client’, also recommended. In New York Janette McMahan provides ‘excellent service and advice’. In a recent matter, the team represented Credit Suisse Securities and RBS Securities, as structuring agents and initial purchasers, through a series of six term securitizations of timeshare loan receivables under the Sierra program of Wyndham Worldwide. The firm is a veteran of auto and truck financing and in this comparatively buoyant segment of the market, has handled billions of dollars of securitized offerings by majors such as Ally Bank and Navistar. The firm acts for Constellation Energy, Credit Suisse, Monitronics International and World Omni Financial.

Within Energy: litigation, Kirkland & Ellis LLP is a second tier firm,

Kirkland & Ellis LLP brings its reputation as a courtroom powerhouse to the energy litigation space. The firm has handled a series of high-profile cases concerning construction issues involving equipment suppliers, architects, construction managers and special litigation committees. It has also handled major contract litigation for independent generators and for partners in gas storage projects, and has represented numerous fuel suppliers in disputes with electric utilities. The firm provides an ‘exceptionally high level of service, which is expensive but efficient and strategic’. It extensively represents BP and its subsidiaries, and most notable is its recent representation of BP in the various litigation matters arising out of the April 2010 Deepwater Horizon drilling rig explosion and the resulting oil spill in the Gulf of Mexico. The team is handling nearly 400 individual and class action lawsuits that have been filed, as well as the Marine Board of Investigation. The firm was also engaged by ConocoPhillips just two months before a scheduled trial in Cameron Parish, Louisiana regarding alleged environmental contamination stemming from the operation of a gas processing facility on the Louisiana coast; the case was settled on the eve of trial. Clients also include Growth Energy, ExxonMobil and YPF and Repsol. The team is spread across its Washington DC and Chicago offices and includes Richard Godfrey, Andrew Langan, James Draughn and Michael Jones.

Within Environment: litigation, Kirkland & Ellis LLP is a first tier firm,

Kirkland & Ellis LLP is a ‘litigation powerhouse’ and regularly acts in civil, criminal and administrative environmental proceedings, including government enforcement actions, superfund and insurance coverage cases, contract and indemnity claims, toxic tort suits and challenged to federal and state rulings. The ‘service is outstanding’ and ‘while on the expensive end’, clients ‘believe the overall value is worth the cost for the high-profile matters it defends’. The firm represents BP in the various litigation matters related to the April 2010 Deepwater Horizon drilling rig explosion and the resulting oil spill in the Gulf of Mexico. It also recently defended 3M in a toxic tort action brought by more than 400 plaintiffs living near a former industrial barrel reclamation facility located on the west side of Chicago. It won a motion to strike the class action allegations, the vast majority of plaintiffs eventually dropped their claims of exposure to various chemicals emitted into the air from the facility and for personal injury and other relief, and the firm negotiated a favorable settlement for the remaining plaintiffs. It also represents a collection of five California public water agencies in litigation involving the issue of whether restrictions on water right usage traceable to the Endangered Species Act (ESA) represent constitutional takings of property rights. Clients also include 7-Eleven, ExxonMobil, Keystone, General Motors, Growth Energy and ConocoPhillips. Andrew Running has experience in environmental, bankruptcy, insurance, toxic tort and general commercial litigation and ‘handles litigation cases extremely well’. Jeffrey Clark has experience in administrative law and is a ‘super lawyer’. Granta Nakayama, who represents companies whose products or services are regulated by the Environmental Protection Agency (EPA), the Consumer Product Safety Commission and state government agencies, and Richard Godfrey, who advises BP and is Chicago-based, are also recommended.

Within Environment: transaction and regulatory, Kirkland & Ellis LLP is a first tier firm,

Kirkland & Ellis LLP’s environmental lawyers are ‘real experts and provide excellent value’. On the regulatory side, the firm provides substantial experience in matters such as solid and hazardous waste management, wastewater and air permitting, rulemaking, standard-setting, environmental site investigation and cleanup, release reporting and compliance auditing. With regards to transactional work, it represents buyers, sellers, lending institutions and venture capital firms. It is involved in all environmental aspects of corporate transactions, including due diligence investigations, contract negotiations, and permit transfers, compliance counselling and long-range planning. The firm represented Solutia both in connection with its bankruptcy reorganization and successful emergence from Chapter 11, and also with regard to a broad range of bankruptcy-related and transactional environmental issues arising following emergence. Most significantly, it represented the client with regard to environmental issues associated with Solutia’s successful challenge to an attempted abandonment of environmentally sensitive assets by Lyondell in its own bankruptcy and related settlement negotiations and implementation issues. Other work included representing Tronox, formerly the chemical manufacturing business of Kerr McGee, on an ongoing basis in connection with environmental issues associated with its Chapter 11 cases, including the sale of operating assets and interim and final settlement arrangements with the US and multiple state jurisdictions. It is representing Chemtura, a diversified chemical manufacturing company with a complex corporate history, on environmental issues associated with its Chapter 11 cases including designing and implementing a nation-wide communication, liability valuation and settlement initiative. The firm also represents Berry Plastics, a plastics packaging company, on both compliance and enforcement-related matters, and mergers and acquisitions. Clients include Flying J, Readers Digest, Dura Automotive, TOUSA, Hawaiian Telecom, Muzak, Sun-Times and Visteon. Washington DC-based Walter Lohmann is the key contact and is ‘dedicated, responsive, smart, and truly takes ownership of major and complex projects’. Associate Tara Bahn is ‘responsive on tight notice, intelligent and a delight to work with’.

Within Patent licensing and transactional , tier 4

The 20-attorney IP licensing team at full- service firm Kirkland & Ellis LLP is ‘outstanding’ and ‘extremely knowledgeable’, and is part of a 300-lawyer IP team across seven of the firm’s offices in the US. It covers a diverse range of industries, notably electronics, pharmaceuticals and financial services, and works hand in hand with the firm’s litigation and biotechnology, pharmaceutical and life sciences teams to provide ‘high-quality and creative’ solutions. The experienced and well-respected Russell Levine in Chicago comes highly recommended; ‘his strength is in understanding the issues in a business context and seeking creative ways to end litigation’.

Within Patent litigation: full coverage, Kirkland & Ellis LLP is a first tier firm,

‘Incredibly professional and skilful in its guidance’, Kirkland & Ellis LLP is a go-to firm for high-stakes patent infringement cases, possessing a team with depth at both partner and associate level. The lawyers are ‘always thinking two or three steps ahead of the competition’ and are ‘dedicated in doing their homework and thinking of alternatives’. While its broad-based practice and deep bench strength has allowed it to maintain its reputation, the team lost patent litigator John Desmarais, who left to set up a patent licensing company; Peter Armenio, who went to co-head Quinn Emanuel Urquhart & Sullivan, LLP’s life sciences practice; and Gerald Flattmann, who joined Paul, Hastings, Janofsky & Walker LLP. Clients include The Boeing Company, Genentech and Braun Medical, with Edward Donovan winning a patent claim for the latter against rival healthcare product company Terumo. Experienced trial counsel Steven Cherny, who ‘will find a way to win where others shy away from a problem’, advised CR Bard on one of the longest-running patent disputes to date, with 2010 seeing the client awarded additional damages, bringing the current value of the dispute to $660m and making it one of the highest-value awards in patent litigation. Robert Krupka successfully led on Teva’s Women’s Health patent infringement case, and Mark Pals and Marc Sernel have ‘excellent legal instincts and are thoughtful on the issues faced by clients’. Adam Alper advises a number of leading hi-tech corporations. Areas of niche expertise for the practice include section 337 investigations.

Within Patent litigation: International Trade Commission, tier 4

Kirkland & Ellis LLP is developing its focus on Section 337 investigations, in line with the ITC becoming a forum of choice for the biggest patent battles. Recent highlights include representing Research In Motion in the investigation filed by Prism Technologies to prevent importation of BlackBerry smartphones in late 2009 and a settlement reached between the parties in the first half of 2010. It also successfully defended Samsung against Spansion’s patent infringement claims, with a final decision concluding that there was no violation by Samsung and other respondents; and advised Apple in its litigation against smartphone rivals Nokia and HTC.

Within Trademarks: litigation, Kirkland & Ellis LLP is a third tier firm,

Kirkland & Ellis LLP ‘demonstrates valuable business acumen and appropriateness of advice’ and is ‘extremely professional and responsive with tremendous expertise’, with a client base that includes leading names in the fields of entertainment, hi-technology, consumer products and fashion brands. Dale Cendali is a widely recognized figure in high-profile trademark disputes and, since joining the practice along with Claudia Ray and Diana Torres, has continued to represent well-known names on cutting-edge issues. Highlights included THOIP v The Walt Disney Company, representing the defendant against a case filed by the owner of the Mr Men and Little Miss trademarks, obtaining a partial summary judgment and dismissal of the plaintiff’s confusion theory. The practice is also acting in the defense of Directv, and represented Colgate-Palmolive as plaintiff in two lawsuits against competitors Johnson & Johnson and Chattem. David Callahan represents Dyson, recently filing an infringement case on its behalf against AAA Kitchen regarding its ‘Airblade’ trademark, concluding with a favourable settlement and a permanent injunction. In the Los Angeles office, Torres, ‘an extremely business savvy lawyer’, is also representing Victoria’s Secret as defendant in a trademark infringement lawsuit brought by apparel company Fortune Dynamic.

Within Private equity funds, Kirkland & Ellis LLP is a first tier firm,

Kirkland & Ellis LLP has long held the rarefied position of being many firms’ ‘go-to deal counsel for strategic private equity advice’, with the team representing more than 215 private equity firms across the full range of industries and values, from mid-market to mega buyout funds, LPs and secondary funds. This New York and Chicago team offers ‘great depth of specialist expertise’, and has an ‘ability to bring innovative solutions to roadblocks and to always approach each transaction with a commercial mindset’. During 2009 and 2010, it advised on 155 funds closed or in the process of closing, with 2010 seeing it advise Madison Dearborn Capital Partners on a buyout fund with $4.1bn in capital commitments, which was the largest fund to hold a final closing in the second quarter of 2010. It also advised Vestary Capital Partners on a buyout fund, which involved a complex general partner structure due to the cross-border nature of the fund. It has also been active in the popular and burgeoning energy sector, advising Energy Capital Partners on a $4.4bn energy infrastructure fund that held its final closing in August 2010. It also handles LP representation for an institutional investor client base that includes Invesco Private Capital, Morgan Stanley AIP and the Government of Singapore Investment Corporation. While ‘all partners are very good, extremely knowledgeable and skilled in negotiating’, clients are quick to highlight recent arrival Walter Holzer, who joined the practice in May 2010 having previously headed Jones Day’s private equity practice in Chicago. His fund-related M&A expertise makes him ‘first choice on deals; he is a truly exceptional businessman’s attorney. He has a great grasp of both legal theory and business’. Chicago-based practice head Bruce Ettelson is a leading figure in the private equity funds space, while New York-based Andrew Wright is ‘always available and willing to go the extra mile to deliver a high-quality work product’.

Within Leading trial lawyers Leading trial lawyers

Within Product liability and mass tort defense: consumer products (including tobacco), Kirkland & Ellis LLP is a third tier firm,

Kirkland & Ellis LLP’s focus on high-exposure cases necessarily means that it appears on relatively few matters in any single industry sector, but remains highly sought for its prowess. For example, the practice is lead counsel for RJ Reynolds Tobacco Company in a nationwide arbitration arising from the 1998 Tobacco Litigation Master Settlement Agreement (MSA). Other recent work includes representing Motorola in Farina v Nokia, a class action against 25 defendants from the wireless phone industry claiming that the phones cause cancer and other diseases. The US Court of Appeals for the Third Circuit affirmed the dismissal on federal preemption grounds and the case was widely perceived as a major victory for the cell phone industry. David Bernick, who previously won victories for Apple in the iPod hearing loss cases, left a noticeable hole in the practice when he left the firm in January 2010 to accept a position as general counsel at Philip Morris International. Stephen Patton in Chicago and Michael Jones in Washington DC are among the firm’s most high-profile product liability litigators, while Chicago-based Terrence Dee was a key player in the Motorola litigation.

Within Product liability and mass tort defense: toxic tort, Kirkland & Ellis LLP is a first tier firm,

Kirkland & Ellis LLP has been a key player in a number of complex toxic tort cases and its highly respected practice has considerable environmental expertise. It represented Dow and Rockwell, federally appointed operators of the Rocky Flats nuclear weapons plant north-west of Denver, in persuading the US Court of Appeals for the Tenth Circuit to unanimously reverse the district court’s $926m damages verdict for plaintiffs in Cook v Rockwell, a case alleging plutonium contamination. The team also defended 3M in a toxic tort brought by plaintiffs living near a former reclamation facility for industrial barrel in Chicago. Residents claimed exposure to various chemicals and sought damages for personal injury but the majority of plaintiffs ultimately dropped their claims and the firm negotiated a favorable settlement for the remainder. Other recent successes include securing a complete defense verdict for Dow in an asbestos case and the firm is also representing BP in litigation arising from the catastrophic explosion and oil spill from the Deepwater Horizon drilling rig. It is defending Raytheon in a highly publicized class action alleging that groundwater contamination from a facility in Petersburg, Florida has lowered property values and increased health risks for residents of the neighborhood. Chicago-based Kevin Van Wart is recommended.

Within Securities: shareholder litigation, tier 4

With highly experienced partners working out of its Chicago, New York, Washington DC and San Francisco offices, Kirkland & Ellis LLP’s securities litigation group offers, according to one client, ‘the smartest, most dedicated large firm litigation team we have used’. Among the partners, Washington DC-based litigator Andrew Clubok is singled out for being ‘an exceptional lawyer who is at ease in the courtroom and well-received by judges’. In Chicago, Robert Kobecky is noted for his expertise defending major corporations and professional firms, as well as their officers, directors and partners, against securities class actions and shareholder derivative suits. San Francisco partners Elizabeth Deeley and James Lico are also recommended for their experience in complex securities fraud transactions and breach of fiduciary cases. Recent highlights include defending Bain Capital Partners against an ongoing putative nationwide class action alleging that several of the leading private equity firms and investment banks conspired to fix prices in violation of the Sherman Act. The plaintiffs are former shareholders of public companies that the private equity firms took private. Another major highlight was the firm’s representation of Morgan Stanley in the district court and the court of appeal, which upheld a ruling to dismiss 30 securities derivative suits, and directed that an additional 24 cases be evaluated for dismissal on the same basis. The firm represented Morgan Stanley and acted as liaison counsel for the underwriter defendants, which included Credit Suisse, Deutsche Bank and Goldman Sachs. The firm also handled the appeal.

Within Supreme Court and appellate, Kirkland & Ellis LLP is a second tier firm,

Kirkland & Ellis LLP has established an excellent reputation for high-stakes appellate work, and the ability to argue effectively before the US Supreme Court. This specialist group neatly complements the firm’s outstanding litigation team. Notable recent successes include representing The Dow Chemical Company and Rockwell International in a Tenth Circuit appeal against a $926m toxic tort judgment. The clients had been operating a nuclear weapons facility near Denver, Colorado, and local property owners claimed that plutonium emissions had contaminated their property. The Tenth Circuit ultimately reversed the judgment. Another highlight was acting for Teva Pharmaceuticals in an appeal challenging the FDA’s interpretation and application of the 180-day generic marketing exclusivity provisions of the Hatch-Waxman Act. Former Supreme Court clerk Christopher Landau is ‘likeable and friendly’ and ‘very well prepared’; he is ‘very knowledgeable about the inner workings of the Court’, and ‘respectful and engaging with the justices; he does not have a “Supreme Court” ego’. Richard Godfrey, Patrick Philbin and Mike Shumsky are also recommended.

Within Trade secrets, Kirkland & Ellis LLP is a first tier firm,

Kirkland & Ellis LLP is recognized as ‘a fine firm’ by peers practicing in the trade secrets field, with ‘deep and broad trial experience’ among its 550 nationally-spread general litigation attorneys. Some 240 IP lawyers are available to provide support to clients from a wide range of sectors requiring advice on trade secrets matters, from chemical and computer companies to heavy industry and services. Emphasis is placed on training lawyers, many of whom have technology qualifications or background, to quickly assimilate and cogently present issues arising in relation to specialist technology, in addition to having the ability to take sharp action in relation to business-to-business disputes. Washington DC-based Greg LoCascio recently secured an unusual mid-trial dismissal of all counts of misappropriation of trade secrets for Boeing; and a settlement for security solutions specialists Six3 Systems in a matter relating to appropriation of intelligence brought by suppliers of government intelligence systems and IT networks, CACI. The firm also represented IMG Worldwide in an action against former IMG sports agent Mark Baldwin, which turned on the applicable law governing the provisions relating to misappropriation and non-solicitation in Baldwin’s employment contract.

Within White-collar criminal defense , tier 7

With lawyers based in New York, Washington DC, Chicago and Los Angeles, Kirkland & Ellis LLP’s approximately 40-strong team ‘performs at a high level’ across a raft of hot-button white-collar issues including FCPA abuses, environmental crimes, securities fraud, public corruption and healthcare fraud. Recognized as one of the nation’s ‘premier litigation firms’, this willingness to try cases was recently sharply brought into focus by successfully achieving the acquittal of WR Grace and several of its executives in what was the nation’s largest environmental case. In a dispute that looks set to become the new holder of the dubious title of largest environmental case, the firm is performing several roles for BP in relation to the Gulf of Mexico oil spill, including as trial firm in the Marine Board of Investigation trial/hearings in New Orleans and as co-counsel with WilmerHale on the government investigations. The ‘very knowledgeable, smart well-prepared and responsive’ Andrew Genser is heavily involved in the work for BP and is one of a number of former prosecutors within the ‘experienced and strong team’ which also includes Henry DePippo, Mark Filip and Michael Garcia.

Within Marketing and advertising, Kirkland & Ellis LLP is a third tier firm,

At Kirkland & Ellis LLP, practice head Ross Weisman’s 15-strong team in Chicago, Washington DC, New York and Los Angeles is supported by the firm’s national footprint and core strength in IP, technology and science. Work undertaken includes investigating, prosecuting and defending advertising, marketing and unfair competition claims. The group is commended for its ‘exceptional knowledge and expertise’ and has an impressive track record of handling litigation and NAD work for high-profile advertisers. In 2010, Weisman and David Callahan secured a substantial victory in a federal district court action for Dyson, maker of the Airblade hand dryer. Tom Monagan focuses on Lanham Act litigation.

Within Technology: outsourcing, Kirkland & Ellis LLP is a second tier firm,

Gregg Kirchhoefer in Chicago heads Kirkland & Ellis LLP’s 50-lawyer practice, which wins praise as ‘superior legal counsel’. 2010 saw increased activity, with instructions covering multi-tower deals and procurement initiatives as well as ITO and BPO initiatives that use outsourcing as a platform for strategic development and growth. The group is known for finding new and innovative ways of applying outsourcing principles to create more rigors in business processes and performance management, notably in relation to investment asset management. Kirchhoefer, who is acknowledged as a ‘leader in his field’ and commended for his ‘exceptional skills and client service’, handles outsourcing transactions and litigation. BPO and IP expert Neil Hirshman has extensive experience representing both customers and service providers. Stephen Johnson in California and Matthew Lovell in Chicago combine intellectual property and outsourcing expertise. The team’s international footprint enables it to handle global deals for key clients including XChanging, CIGNA, Kellogg, State Farm and Lawson.

Within Antitrust, Kirkland & Ellis LLP is a first tier firm,

Kirkland & Ellis LLP experienced significant expansion at the start of 2011 with the arrival of Tim Muris, Christine Wilson and Bilal Sayhed from O’Melveney & Myers LLP. The firm has a solid history of providing antitrust services on a global scale, operating through more than 150 of its own attorneys across its US and European offices, as well as an established network of local lawyers internationally. The practice continued to expand to support the volume of new work, promoting litigator David Horowitz to partner and bringing in HSR filings expert Jennifer Clarke-Smith from the FTC to join the Chicago office. The US practice has a strong track record in antitrust litigation where it continues to attract high-profile clients in cases often involving novel or esoteric points of law. For example, it is representing Chiquita Brands International before the European Commission in a case concerning similar issues to those considered in the US by the Stolt-Nielson judgment regarding the withdrawal of leniency and, additionally in this case, the imposition of a fine by way of a statement of objections. Work for Karen Walker in Washington DC included achieving a significant victory for Twentieth Century Fox in having dismissed a widely publicized antitrust lawsuit brought by DVD kiosk operator Redbox alleging a restraint-of-trade conspiracy between the client and its DVD distributors to boycott Redbox. Elsewhere, private equity clients have contributed to keeping the team busy with merger activity, and the group filed HSR notifications in approximately 9% of all transactions reported in the US in 2010. Highlights included securing HSR clearance for Metavante Corporation’s $2.9bn acquisition by Fidelity National.

Within M&A: large deals ($1bn-5bn), Kirkland & Ellis LLP is a first tier firm,

Kirkland & Ellis LLP is ‘incredibly responsive, with an ability to build a team as quickly as any law firm I’ve seen. Its advice is almost always spot-on; it gets the business issues quickly and applies the law’. Highlights included representing Swiss industrial giant ABB in its pending $4.2bn cross-border acquisition of Arkansas-based Baldor Electric Company, the transaction being ABB’s largest US acquisition to date, and acting for 3G Capital, a New York-based private equity firm backed by wealthy Brazilian entrepreneurs, in taking Burger King private for $4bn. NRG Energy was assisted with its acquisition of assets of Dynegy from The Blackstone Group for $1.36bn. The team also represented diverse derivatives exchange operator, CME Group, in a transaction in which CME acquired a 90% stake in the Dow Jones indexes business, valued at $675m, the transaction also involving the contribution by CME of a $600m market data business to the joint venture, resulting in an overall valuation of more than $1.2bn. The deal marked the first time the Dow Jones Industrial Average, one of the country’s leading stock benchmarks, changed hands since its creation in 1896. In mega deals, the team advised Community Health Systems, the largest publicly traded for-profit hospital company, in its $3.3bn unsolicited offer for Tenet Healthcare Systems, which would create a company with 176 hospitals in 30 states. In mid-market transactions, Madison Dearborn Partners was represented in its $915m acquisition of BWAY Holding Company, marking the third-largest going-private transaction in the first half of 2010. It also advised pharmaceutical giant Bristol-Myers Squibb when it acquired Seattle-based ZymoGenetics, a pioneer in the Northwest life sciences cluster, for $885m. Washington DC-based senior partner George Stamas is ‘a valued colleague and trusted adviser. We confer with him on almost every major move we make. Stamas is not only a great lawyer, but someone with real business sense and creativity’. Active both in Washington DC and New York, corporate partner Mark Director is ‘an outstanding lawyer and very smart’. For one client, the practice is ‘the first team I have used where I am happy with the entire transaction group’. In Chicago, Scott Falk focuses on M&A for public company clients, key clients including The Boeing Company, Molson Coors Brewing Company and Baxter International. Gerald Nowak has a broad transactional practice, and Robert Hayward primarily acts as counsel to publicly traded corporations and leveraged buyout and private equity funds and their portfolio companies. David Fox and Daniel Wolf in New York are both highly rated, as is Eva Davis in Los Angeles. An ‘excellent tax team’ is also appreciated by M&A clients, as is interdisciplinary knowledge of bankruptcy law connected to distressed deals.

Within Private equity buyouts, Kirkland & Ellis LLP is a first tier firm,

The ‘outstanding’ Kirkland & Ellis LLP is regarded by many as the ‘model’ private equity practice, with its fervent commitment to both mid-market and high-value segments. Though perhaps not with the same “mega-deal” record as Ropes & Gray LLP and Simpson Thacher & Bartlett LLP, the firm frequently leads the market in deal volume. Even so, it continues to work on headline deals on a frequent basis, including acting for Bain Capital Partners on the $1.63bn acquisition of The Dow Chemical Company’s Styron Division. It also advised Apax Partners on its $1.2bn sale of Qualitest Pharmaceuticals to Endo Pharmaceuticals. Clients include Madison Dearborn Partners, Bain Capital, Oaktree Capital Management, Sun Capital Partners, Golden Gate Capital, CVC Capital Partners and Apax Partners. Clients commend the ‘first class’ response times, ‘excellent service in all areas’, and ‘bench strength’ delivered by associates that ‘add value’ and ‘intelligence’. Clients also praise the firm’s empathy with the industry. It represents more than 250 private equity funds and some 60% of the firm’s some 600 corporate lawyers frequently advise private equity sponsors. During the economic downturn, the firm has made the best of its renowned restructuring expertise. New York partner Kirk Radke is widely regarded as a pre-eminent figure in the private equity sector, while Chicago-based Jeffrey Hammes is also at the pinnacle of the industry. Chicago partners Kevin Evanich and Douglas Gessner, who has ‘in-depth understanding of the way we operate’, ‘ensures we get access to the right resources very quickly – simply an extension of our team’ and is ‘the perfect partner’, are also highly regarded. Younger Chicago partner Richard Campbell is commended for ‘maintaining his cool at all times’ and demonstrating ‘great expertise and knowledge’.

Within Construction (including construction litigation), tier 5

Kirkland & Ellis LLP represents developers, contractors, architects and engineers throughout the US and internationally. With a strong presence in Chicago and Washington DC, the construction practice is supported by further offices in New York and California. Recent work includes defending a case for Verizon in mass tort litigation based on claims brought by workers who performed repair, clean-up and other work to buildings damaged in lower Manhattan following the September 11 terror attacks; the case is estimated to be the largest pending mass tort litigation in the US, with thousands of cases filed against hundreds of defendants having been consolidated in the US District Court for the southern district of New York. A key contact for the firm is James Nowacki, a senior trial partner who handles national commercial litigation. His practice includes construction litigation relating to transportation, office building and manufacturing projects, as well as professional liability litigation involving architects and engineers, among others.

Within Real estate, Kirkland & Ellis LLP is a third tier firm,

Kirkland & Ellis LLP’s real estate team includes 12 partners based in Chicago and New York. The team ‘always provides a top-rate product on a tight timetable’ and ‘possesses deep knowledge of the real estate industry’. The highly regarded team is representing Anglo Irish Bank on a $637m A/B loan secured by a portfolio of 20 hotels, and on the recapitalization of the portfolio by the original equity sponsor; he also acted for Archstone on its $5bn debt-for-equity conversion. Robert Buday, who is ‘masterful in joint venture analysis and negotiations’, represented CenterPoint Properties Trust on the negotiation and formation of a joint venture for the acquisition and development of a $750m industrial complex involving multiple office and research buildings for the National Nuclear Security Administration. Buday also advised Charter Hall Group on the acquisition of Macquarie Group’s listed real estate fund management business involving A$7bn of real estate located in seven countries. Gary Axelrod represented various affiliates of General Growth Properties on restructuring the entity’s entire $15bn project-level indebtedness. Nathaniel Marrs and the ‘intelligent and business-savvy’ Jennifer Morgan have been working on fund formation. Other clients include LaSalle Investment Management.

Within Domestic tax: Central, Kirkland & Ellis LLP is a first tier firm,

Kirkland & Ellis LLP’s tax group in Chicago, including EBEC lawyers, numbers some 45, the largest contingent in the firm- wide practice. Effective inter- office co-operation achieves national tax penetration by combining the strengths of the Chicago practice with those in New York and Palo Alto. Key practice areas within the wide offering include tax planning for private equity transactions and restructuring, and the firm is also very well placed in the airline sector. Team members are noted as ‘very smart, careful and usually highly responsive, they offer strong client commitment and good common sense’. During 2010, Donald Rocap represented Swiss-quoted Aryzta AG in its acquisition of Fresh Start Bakeries and Great Kitchens for a combined $1.08bn in separate deals announced in June 2010. Todd Maynes and Gregory Gallagher led the team which obtained an IRS private letter ruling to support the prearranged bankruptcy of Charter Communications, the fourth-largest cable operator in the United States; the restructuring process reduced indebtedness by approximately $8bn. The highly recommended William Welke provided tax advice to CME, the world’s leading derivatives exchange operator, when CME aquired a 90% holding of the Dow Jones indexes business, valued at $675m. Other commended lawyers include Keith Villmow for transactions, Jeffrey Sheffield for business tax planning and transactions, and Bruce Gelman for REITS and real estate matters. Rachel Cantor is ‘really smart, diligent, and pleasant to work with’ and recommended for private equity. Current clients include American Airlines, Madison Dearborn Partners, General Motors, Tenet Healthcare and United Airlines.

Within Domestic tax: East Coast, tier 4

Kirkland & Ellis LLP’s New York tax practice group of some 15 fee-earners, provides ‘high levels of service’, and ‘of all non-New York head-quartered firms, is the best – a first class tax department’. The New York practice has particular strength in private equity transactions, including fund formation, and in corporate reconstruction and bankruptcy. In representative transactions, Steven Clemens, who is ‘knowledgeable, practical, and creative in providing solutions’, worked with Greer Phillips to assist Bristol-Myers Squibb through the $855m acquisition of biotech drug developer ZymoGenetics; the deal closed in October 2010. Patrick Gallagher provided the tax advice when Avista Capital Partners acquired Global Auto Group from the Clorox Company. Sara Zablotney and Kevin Treesh are recommended for complex domestic and cross-border M&A transactions. The firm’s New York office clients include Apax Partners, Bain Capital, Catterton Partners, Citadel Broadcasting, Clearwire and Danaher.

Within Employee benefits and executive compensation, tier 5

Kirkland & Ellis LLP’s eight-partner benefits practice is led by the experienced Vicki Hood from the firm’s Chicago office, where most members are based, with some representation in New York. The practice group provides comprehensive benefits counseling, advice in the structuring of new bespoke plans, and assistance with M&A transactions and the restructuring of existing plans, as well as ERISA litigation representation. Laura Bader specializes in ERISA fiduciary and regulatory matters. Scott Price handled the EBEC work when the firm represented Bristol-Myers Squibb in the $855m acquisition of biotech drug developer ZymoGenetics; the deal closed in October 2010. Clients advised recently include Flying J, Muzak, Avista Capital Partners and Chemtura.

Within International, tier 4

Kirkland & Ellis LLP’s strong private equity following continues to provide complex and challenging cross-border instructions. The US tax partners regularly contribute to the multi-practice, multi-jurisdiction teams with colleagues from the global offices in London, Munich, Hong Kong and Shanghai. The tax group has considerable expertise in transactional and finance issues as well as tax planning, IRS private rulings and transfer pricing disputes. Most of the firm’s tax partners handle inward investment work, while the more complex assignments are dealt with by specialists including New York-based Steven Clemens, Kevin Treesh and Patrick Gallagher, who represented Avista Capital Partners in its $780m carve-out acquisition of the global auto business of Cloros; the deal closed in December 2010. Recent international tax instructions have been received from Charter Hall Group, Constellation Energy and CVC Capital Partners.

Within Tax controversy, Kirkland & Ellis LLP is a third tier firm,

Kirkland & Ellis LLP’s tax controversy practice is centered in the firm’s Chicago office, with a secondary presence in Washington DC. The group, which is well-supported by the litigation department, has established a reputation for effective support in administrative appeals and the courts, both in federal and state tax matters. Chicago-based Natalie Hoyer Keller has numerous docketed cases to her credit including the recent representation of Tenet Healthcare. Also in Chicago, Todd Maynes, ‘an excellent tax adviser whose advice is always sound’, includes tax controversy within his practice. Clients include General Motors, Qwest Communications, United Airlines and WR Grace.