The Legal 500

Latham & Watkins LLP

140 SCOTT DRIVE, MENLO PARK, SILICON VALLEY, CA 94025, USA
Tel:
Work +1 650 328 4600
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Fax +1 650 463 2600
Web:
www.lw.com

What we say about the firm's legal practice in United States

Finance

Within Asset finance and leasing, tier 5

Kevin Fingeret, co-chair of the structured finance and securitization practice group at Latham & Watkins LLP, is an expert in the securitization of debt and a range of aircraft, automobile and equipment loans or leases. The aircraft finance team also includes Lawrence Safran in New York and Kenneth Blohm in San Francisco, both of whom assist Fingeret in representing leasing companies, lenders and airlines on a range of domestic and cross-border transactions. Although the group lacks the scale of most of the other recommended firms, its excellent ancillary services including tax specialists and an extensive bankruptcy team attracts high-caliber clients such as Goldman Sachs, Royal Jordanian, Etihad Airways and large aircraft leasing companies.

Within Bank lending (including other sources of financing), Latham & Watkins LLP is a second tier firm,

Latham & Watkins LLP’s year was marked by several significant deals involving revolving credit facilities and refinancings. The group benefits from the firm’s strong project finance capabilities, handling a notable deal for Citgroup Global Capital Markets and Citicorp North America; it advised them on the $4.15bn amendment and restatement of a credit agreement to offer a new revolving credit facility and new term tranches for NRG Energy. Other significant energy work included advising Bank of America on $2bn loan and revolving credit facilities and refinancing for Peabody Energy Corporation. Aside from the energy sector, Melissa Alwang led a team working for Barclays Capital and Barclays Bank on a $2.4bn loan and revolving credit facilities for Phillips-Van Heusen, the clothing company, on its acquisition of Tommy Hilfiger. On the sponsor side, Los Angeles-based Vicki Marmorstein led a team representing The Walt Disney Company in a deal that included a $2.25bn revolving credit facility. The team, along with project finance colleagues, was also involved (for USEX-IM, among others) in the significant PNG-LNG transaction in Papua New Guinea, which involved sums of $14bn loaned by the consortium of banks. Other high-profile clients are Credit Suisse, General Electric and Goldman Sachs. The firm saw the departure of the renowned Marc Hanrahan to Milbank, Tweed, Hadley & McCloy LLP in August 2010, but it retains some excellent lawyers, among them Chicago-based Bradley Kotler and John Mendez in New York.

Within Capital markets: debt offerings, Latham & Watkins LLP is a second tier firm,

The ‘strong’ debt offerings practice at Latham & Watkins LLP has a depth of expertise and is coupled with top-tier high-yield debt capabilities. Led by global capital markets practice co-chairs Alexander Cohen in Washington DC and Kirk Davenport in New York, and also featuring corporate vice chairman Marc Jaffe, the group is widely recognised for its experience representing both issuers and managers. The team has substantial knowledge of the convertible bonds market, recently demonstrated in the advice provided by the New York-based Witold Balaban to the underwriters on Gilead Science’s $2.5bn convertible bond offering. Acting as underwriter counsel from New York, Jonathan Rod advised Barclays Capital in two transactions in 2010: a $3.5bn Rule 144A investment-grade bond offering of William Partners, and a $450m Rule 144A investment-grade bond offering of Trans-Allegheny Interstate Line Company. Gaining praise for its issuer advice, the firm had a very active year across all of its domestic practices. Its Orange County team advised Allergan on a $650m bond offering, and also Amgen on $2.5bn of registered dual investment grade bond offerings. Greg Rodgers in New York advised Broadcom Corporation on a $700m Rule 144A investment-grade debt offering, and Christopher Lueking in Chicago assisted IDEX Corporation on a $300m registered investment-grade bond offering. On the West Coast, Keith Benson represented Digital Realty Trust on a $500m Rule 144A investment-grade bond offering and also assisted Safeway on a $500m registered investment-grade bond offering, while in Los Angeles, Julian Kleindorfer advised Hudson Pacific Properties on a $80m registered bond offering. The firm’s impressive list of issuer clients makes the practice increasingly strong in the arena.

Within Capital markets: equity offerings, Latham & Watkins LLP is a first tier firm,

Latham & Watkins LLP’s ‘formidable’ securities practice has a superb reputation and broad equity experience: the firm is ‘without a doubt’ at the top of the market. An ‘industry leader’, the firm has an excellent track record in IPOs, as well as renowned strength acting for issuer clients. In January 2010, the firm opened an office in Houston, and the team there advises on a range of capital market transactions, including IPOs and master limited partnership (MLP) offerings within the energy sector. Recent highlights for the Silicon Valley office include Patrick Pohlen’s advice to Codexis on its $78m IPO, and Kit Kaufman advising Avago Technologies on a $800m secondary offering. San Diego-based Craig Garner assisted Excel Trust on its $210m IPO, while David Dantzic in Washington DC advised CoreSite Realty Corporation on its $270m IPO. Continuing the breadth of experience across the US, Los Angeles-based Julian Kleindorfer advised Hudson Pacific Properties on its $217m IPO, and Scott Shean in Orange County advised Watson Pharmaceuticals on a secondary offering of $522m. With strength on the manager side, Washington DC-based Rachel Sheridan represented the underwriters, including Morgan Stanley, on the $238m IPO of Booze Allen Hamilton. In New York, vice-chairman of the corporate department Marc Jaffe advised the underwriters, including Bank of America Merrill Lynch, on the $272m IPO of Express Inc, and Peter Labonski represented Credit Suisse as manager of the $212m secondary offering of Kraton Performance Polymer. Steven Stokdyk in the Los Angeles office advised the underwriters, including JPMorgan, on RealD’s $230m IPO. Dana Fleischman joined the firm from Cleary Gottlieb Steen & Hamilton LLP in 2010, and brings experience in public offerings and private placements for domestic and international issuer and manager clients. Co-chairs of the capital markets group Kirk Davenport in New York and Alexander Cohen in Washington DC run an ‘excellent’ team.

Within Capital markets: global offerings, tier 4

Latham & Watkins LLP has a notable presence in Latin America and Asia, and the US-based team assists managers and issuers in debt, equity and high-yield transactions across these jurisdictions; its experience includes acting as issuer counsel to clients from China, Hong Kong and India. The firm also has an impressive profile and reputation in the European high-yield debt market. Recent global highlights include advising the underwriters, including Deutsche Bank Securities, in connection with the $210m IPO of Elster Group; this transaction was the first IPO of a German company on the NYSE since 2006. Alexander Cohen in Washington DC, with support from the firm’s London office, led on this transaction. Other manager clients include ICICI Bank. Corporate practice vice-chair Marc Jaffe is highly recommended in the arena, together with co-chair of the corporate department Senet Bischoff. Both are based in New York.

Within Capital markets: high-yield debt offerings, Latham & Watkins LLP is a first tier firm,

Latham & Watkins LLP has an excellent track record in debt and high yield, with its high-yield debt capabilities noted as ‘exceptionally strong’ on both the issuer and manager side. Kirk Davenport in New York is a ‘key individual’, and together with Ian Schuman advised Barclays Capital and the other initial purchasers in Hertz Corporation’s $700m high-yield bond and tack-on offerings. Marc Jaffe also advised the underwriters, including Bank of America Merrill Lynch, in the $250m high-yield bond offering of Express Inc, and also, together with Senet Bischoff, represented Goldman Sachs as initial purchaser on the $1.2bn Rule 144A/Reg. S high-yield bond offering by Calpine Corporation. Other investment bank clients include Jefferies & Company and Credit Suisse. The addition of Michael Chambers from Akin Gump Strauss Hauer & Feld LLP to the firm’s newly established Houston office brings added experience to the team’s strong national reach. Chambers advised the initial purchasers, including Barclays Capital, in the $2.5bn dual high-yield bond offerings of Linn Energy. The Houston team also advised Energy Transfer Equity on a $1.8bn registered high-yield bond offering. New York-based James Beubien provided counsel to Live Nation Entertainment on a $250m high-yield bond offering, and the Washington DC-based group advised Pinafore LLC and Pinafore Inc as co-issuers of its $1.15bn high-yield bond offering.

Within Corporate restructuring, Latham & Watkins LLP is a second tier firm,

A stalwart on the creditor side, both in relation to senior secured lending engagements and distressed M&A mandates, the ‘top-notchLatham & Watkins LLP underscored its intentions to bolster its debtor practice with the recent arrival of the ‘wise and experienced’ Jan Baker from Skadden, Arps, Slate, Meagher & Flom LLP. Baker’s arrival has already started to pay dividends and has seen the firm pick up some impressive company mandates. Notably, along with fellow New York-based co-chair Robert Rosenberg, Baker represented Boston Generating in its $2bn Chapter 11 proceedings. A complex matter, in addition to a Section 363 $1.1bn sale of five power plants to Constellation Energy, the mandate also involved litigation as the junior creditors attempted to prevent the sale of assets. West Coast debtor engagements also continue to tick over, with Los Angeles-based Greg Lunt and Michael Lurey representing Spansion on its $3bn Chapter 11 proceedings. While these debtor mandates illustrate the firm’s broadening scope, it remains its creditor work that is undoubtedly the driving force behind the practice. Able to tap into an institutional client base that includes some of the great and the good of Wall Street, including the likes of Goldman Sachs, JPMorgan, Morgan Stanley and Credit Suisse, the firm regularly represents the senior secured lenders’ interests in some of the largest nationwide and cross-border insolvencies in the market. Led by ‘outstanding’ Chicago-based Rick Levy, the firm represented a group of lenders which included JPMorgan and Merrill Lynch, in a $600m exit financing for Almatis, a producer of premium speciality alumina materials, in connection with its Chapter 11 proceedings. Levy receives plaudits for his ‘ability to bring a divergent group of stakeholders together to work on a solution and build consensus’. ‘Highly intelligent and capable’ global chair of the firm’s finance department David Heller has an excellent pedigree for advising senior and junior creditors, while Josef Athanas has a reputation as a rising star. Other notable bank-side mandates included advising Credit Suisse as agent bank for the secured lenders in Bosque Power’s Chapter 11. Aided by the firm’s corporate team, the group also handles a raft of distressed M&A matters for an impressive roster of funds that includes Angelo Gordon, Bayside Capital, Black Diamond and Centerbridge. Involved in numerous distressed acquisitions stemming from the Nortel bankruptcy, amongst others, the team represented One Equity Partners and GENBAND on the $282m acquisition of most of Nortel’s carrier VoIP and Application Systems (CVAS) business.

Within Financial services: regulatory, Latham & Watkins LLP is a third tier firm,

While it may be smaller than many of its peers, under the stewardship of the ‘wonderful’ Brian Smith, Latham & Watkins LLP has successfully developed a significant reputation for handling a wide range of matters including product development, regulatory compliance and financial institutions M&A. Praised for its ‘excellent and timely work product’, the team also benefits from the broad-ranging expertise of a full-service firm and frequently works alongside lawyers within the corporate and finance groups. Aided by the corporate practice, it recently advised the Prosperity Banking Company on the sale of control to a group of unrelated private investment funds. In addition, the practice has had vital input into the regulatory issues associated with numerous private investment funds’ investments into US commercial banks. As well as transactional work, the group has advised a slew of clients as to the ramifications of the recent legislative changes to the financial services landscape including Dodd-Frank; recently acting for a global non-financial company on the Act’s implications on its ongoing operations and financial commitments, including the implications of the FDIC’s new orderly liquidation authority. While the team also includes ‘excellent’ associates Angela Angelovska-Wilson and Melissa Hall, it is without doubt Smith that ‘steals the show’. Formerly a senior federal regulator, ‘in addition to knowing all the details of the areas of law, he also knows the personnel and modus operandi of the regulatory agencies that administer those laws, and is very creative in fashioning workable solutions to challenges arising in newly forming and changing industries’.

Within Project finance, Latham & Watkins LLP is a first tier firm,

Latham & Watkins LLP maintains a benchmark project finance practice, with a formidable record in transactions across the full range of sectors. The team notably acts for sponsors and was involved as such in many of the leading deals globally in 2010. Its lenders’ counsel record is also significant, and global PF chair, New York’s Jonathan Rod, is able to count on a very deep bench of over 150 project finance lawyers worldwide, with the majority based in the US. The firm has a commanding presence in electricity generation projects, and has also been gaining increasing influence in the oil and gas arenas. An important transaction for the group was the high-profile $14bn project financing of the Papua New Guinea Liquefied Natural Gas Project (PNG LNG); it acted for the large consortium of diverse lenders in the deal, including US Ex-Im, Export-Import Bank of China, Commonwealth Bank of Australia, BNP Paribas, Standard Chartered Bank, and Japan Bank for International Cooperation. John Sachs and others in Washington represented Google, GoodEnergies, and Marubeni as sponsors in the $6bn AGD Transmission Line deal; this substantial mandate involves the construction of an offshore line project connecting 6,000 MW of offshore wind power schemes to the mid-Atlantic coast. The New York office assisted BNP Paribas and BNP Paribas Securities Corporation on a $450m senior credit note offering, concurrent with a $350m revolving credit facility, to refinance existing debt on the construction of the TrAILCo transmission line in West Virginia. In California, Jeffrey Greenberg acted for Crédit Agricole Corporate and Investment Bank on the $377m project financing for Green Frontier Windpower, on the development, construction, ownership, operation and maintenance of five wind projects in Colorado, Wyoming and Pennsylvania. The practice recently expanded in the Southwest, with the opening of a Houston office. Recommended individuals include Kelley Gale, described as a ‘real force’ in San Diego; Warren Lilien in New York; and the aforementioned Greenberg, who splits his time between Los Angeles and New York.

Within Structured finance , Latham & Watkins LLP is a third tier firm,

Latham & Watkins LLP’s structured finance practice comprises a team of some 30 lawyers based in New York, Chicago and Los Angeles, who co-operate closely with the firm’s global offices. The group handles esoteric and complex ABS instructions and has several asset-backed finance niches such as aircraft, car rental leases, and more recently cell-towers. New York’s Kevin Fingeret heads the global securitization and structured finance practice and is personally very active in the car rental fleet market, in which he regularly represents the initial note purchasing banks, lenders and structuring agents. The group has lost the talents of CMBS expert Kevin Blauch to Sidley Austin LLP, but in New York, Loren Finegold is recommended for his ABS work and has a particular expertise in the telecoms sector, and Los Angeles-based Vicki Marmorstein is extremely experienced and expert in securitization, derivatives, and structured products generally. Ellen Marks in Chicago is highly rated for innovative solutions in restructuring financial products, and also for her expertise in regulatory matters. In recent instructions, Kevin Fingeret and Loren Finegold represented Deutsche Bank Securities, as initial purchaser, in connection with the offering of $200m of rental truck asset-backed notes by Centre Point Funding, an affiliate of Budget Truck Rental, and Vicki Marmorstein advised Ares Capital Corporation in connection with a revolving securitization facility with Wells Fargo. The firm’s New York-based equity derivatives experts Witold Balaban and Rafal Gawlowski were key members of a multi-office team which advised Goldman Sachs as underwriter and option counterparty, in a highly complex public offering by China’s JJ Media Investment Holding, in which Goldman hedged its exposure under capped call options through the purchase of American Depository Shares in the offering and through an over-the-counter derivative transaction with JJ Media. Active clients of the financial products practice group include Goldman Sachs, Citibank, JPMorgan, Morgan Stanley, Deutsche Bank Securities, Merrill Lynch, Rabobank, Oracle and PineBridge Investments.

Industry focus

Within Energy: transaction and regulatory, Latham & Watkins LLP is a first tier firm,

Latham & Watkins LLP’s ‘first-rate’ energy practice is historically known for its prolific transactional capabilities, and clients say that advice is ‘highly recommended, and the group is a market leader for all energy transactional-based work’. However, it has also been involved in some important regulatory matters in recent times, and handles all non-contentious matters ‘with ease’ with a ‘very solid knowledge base’. The group has a strong offering in electrical power and has increased its representation in oil and gas and matters. The firm advised Energy Capital Partners on the $450m financing for the acquisition by Energy Capital Partners of Dighton, Lake Road and Masspower, three gas-fired power plants, from BG North America. It also advises the client on regulatory and market matters relating to acquisition, sales and development activities of large-scale transmission projects for renewable generation resources in California, Arizona and New Mexico. The firm also advised Goldman Sachs on a high-value stock-for-stock merger between Allegheny Energy, an operator of electric generation facilities, and FirstEnergy, in which the client was the financing advisor to the former. In addition, the group represents Allegheny Power and Allegheny Energy Supply on a variety of regulatory and market matters, particularly those related to market design and implementation in the PJM market. The group also represented Tenaska Energy, a provider of construction and engineering services, to Willbros Group; a transaction valued at $605m. On the oil and gas side, the group is advising Sheridan Production Partners, an oil and gas production company focused on acquiring oil and gas properties, on the refinancing of an existing term loan credit facility for the client by a bank syndicate. Other regulatory matters included representing a Spanish energy company on various energy regulatory and transactional matters with respect to its portfolio of wind farm development and operational activities. Regulatory advice also included representing Sempra Energy affiliate Sempra Generation on various energy regulatory and market matters regarding generation fleet in and around California including negotiation, administration and defense of $7bn PPA with California Department of Water Resources. New York-based Jonathan Rod is highly regarded for transactional work, while Washington DC-based David Schwartz is well known for regulatory matters.

Within Environment: litigation, Latham & Watkins LLP is a second tier firm,

Clients state that the environmental practice at Latham & Watkins LLP is ‘excellent’ and ‘highly regarded in terms of quality of service and expertise’. The firm has strong national capabilities, with particular strength in California. The ‘well rounded’ practice has experience extending to California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA) and land use, wetlands and endangered species, criminal and civil government enforcement actions, superfund and environmental cleanup liability. In the land use space, the firm is currently representing San Diego Gas & Electric Company in federal court challenging the Bureau of Land Management’s decision approving the Sunrise Powerlink Project, a 120 mile 500/230 kV transmission line across southern California, following successfully defending a challenge to the decision before the Interior Board of Land Appeals. The challenge includes claims under (NEPA), the Endangered Species Act, the Federal Land Management and Policy Act (FLPMA) and the National Historic Preservation Act (NHPA). It successfully represented Southern California Edison (SCE) in California superior court to defeat the City of Oxnard’s attempt to block the development of a “peaker” power plant in Oxnard, California, where the facility will be located and will operate primarily during times of peak electricity demand or system strains. Ruling for SCE and the Coastal Commission on all-important issues, the court agreed with SCE’s arguments on the interpretation of the Local Coastal Plan, the Coastal Act and a host of CEQA issues. Robert Wyman, who has particular expertise in Clean Air Act (CAA) issues, leads the team from Los Angeles. Washington DC-based Janice Schneider, Orange County-based Michael Carroll and Rick Zbur in Los Angeles are also recommended.

Within Environment: transaction and regulatory, Latham & Watkins LLP is a first tier firm,

Latham & Watkins LLP’s ‘strong’ environment regulatory and transactional team is ‘undoubtedly one of the best’ and ‘belongs in the top tier’. The firm is present nationwide, although it is as ‘an unbeatable force’ and ‘particularly active’ in California. The firm advises national and regional multi-sector industry coalitions on emerging federal, state and regional climate change and on emission reduction credit legislation and regulation. The firm also has significant weight advising energy clients on the full spectrum of environmental transactional work, and is currently representing Edison Mission Energy in the development of the Walnut Creek and Sun Valley Power Plants. The firm is advising on the challenging issue of how to obtain emission reduction credits, including offsets, for Edison Mission Energy, and additionally advises the client on a range of work including traditional permitting issues and energy storage. It is representing Competitive Power Ventures in all aspect of permitting regarding the development of the CPV Sentinel Project, a peaking power plant to be located in Riverside County, California. It is also advising Colton Renewable Energy Center on the permitting of Colton, California green-waste facility that uses biomass to produce electric power with a near-zero carbon footprint. The firm has been instructed on all aspects of permitting concerning the development of GWF Energy’s Tracy Combined Cycle Power Plant and modification of the facility into a 314 MW combined cycle facility, and is advising the City of Vernon, California, in its acquisition of 30,000 acres of wind resources in Kern County and the development of the 297 MW Red Rock Wind Project on 12,000 acres including transmission and permitting matters with the California Independent System Operator, Federal Energy Regulatory Commission (FERC), and various federal, state and local agencies. Other highlights included representing 8minutenergy in connection with its financing entitlement requests and California Environmental Quality Act (CEQA) and National Environmental Policy Act (NAPA) compliance for the development of several photovoltaic solar energy facilities in Imperial County, California. Clients include Arizona Public Service; City of Vernon, California; Iberdrola Renewables; and Pacific Gas & Electric. Los Angeles-based Robert Wyman heads the environmental group and Washington DC-based Janice Schneider is ‘intelligent and handles regulatory matters flawlessly’.

Within Healthcare and life sciences, Latham & Watkins LLP is a second tier firm,

Latham & Watkins LLPbrings a lot of experience to the table, both in terms of pharma or biotech partnering transactions and for capital raising and M&A as a public company’. It is very active in government enforcement, investigations and litigation, particularly with regard to False Claims Act and reimbursement matters. It fields ‘excellent lawyers for complex matters’ in venture capital, biotech and healthcare provider spaces, including corporate partnering, licensing and fund raising. The group represents hospital operator HCA Inc in investigations and litigation, and advised Adventist Health on participating in a hospital construction project in Willits, California. It acted for Advocate Health Care on acquiring Condell Medical Center and represented Univita Health on regulatory aspects of buying Atenda Healthcare Solutions. Other clients include HCP Inc and the hospital associations of south California, and north and central California. In life sciences, the firm represented Complete Genomics and Codexis on their Nasdaq IPOs, and advised Amgen on a note offering and the multi-jurisdictional $130m disposal of three biologics to Biovitrum. The group acted for Cerberus on regulatory aspects of its buyout of Caritas Christi Health System. W Andrew Gantt advises on e-health and data privacy matters. In Menlo Park, Alan Mendelson is a highly regarded veteran of the venture capital sector who is ‘a very good biotech lawyer’, and Judith Hasko is ‘a terrific life sciences transaction lawyer and, in addition, really knows the nuts and bolts of biotechnology and chemistry’. Corporate partner Craig Garner in San Diego is ‘a good presence as an adviser and has the ability to help lead a transaction team while never losing site of the key business objectives of the particular project’. Los Angeles-based Daniel Settelmayer brings ‘broad experience and expertise’ to transactions.

Within Insurance: advice to policyholders, Latham & Watkins LLP is a third tier firm,

With offices throughout the US, including New York, Washington DC and San Francisco, Latham & Watkins LLP has a strong presence in the insurance industry, particularly representing corporate policyholders. The firm is acting for longstanding client Montrose Chemical Corporation of California in a multimillion-dollar coverage action against Century Indemnity, arising from Century’s refusal to provide independent counsel in the defense of toxic tort claims; and also in a separate coverage action against Century, relating to the latter’s withdrawal from the defense of a CERCLA lawsuit. The firm is also representing industrial automation solutions company Rockwell Automation, and automotive supplier ArvinMeritor, in pursuing coverage pertaining to asbestos bodily injury claims, and in the same matter, defending a declaratory relief action filed by Lloyd’s of London, which involves five other insurers. Key player Andrew Lundberg co-chairs the firm’s insurance coverage practice along with recently appointed Brook Roberts. Mary Rose Alexander is recommended.

Intellectual property

Within Copyright, Latham & Watkins LLP is a third tier firm,

As well as advising traditional entertainment clients, Latham & Watkins LLP’s copyright practice has a focus on the software and technology sectors. Split across the firm’s New York and Los Angeles bases, the team focuses particularly on international matters in the film, music, publishing and hi-tech sectors. IP litigator Daniel Schecter has acted as lead counsel for the likes of Apple and MGM. Global IP chair Perry Viscounty acts for a range of hi-tech and internet clients.

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 litigation: full coverage, tier 4

Drawing on its deep trial experience, the team at Latham & Watkins LLP represented CR Bard in its complex dispute with WL Gore regarding the patent of a vascular medical device, with a pre-appeal damages award amounting to around $653m to date. It was also lead counsel in Prometheus v Mayo, which in light of the Bilski decision was successfully appealed and affirmed at a Federal hearing. The team, led by co-chairs Bob Steinberg, Perry Viscounty and Max Grant, is regarded as responsive, knowledgeable and ‘providing the right amount of depth’, and has been taking further steps to strengthen its offering through strategic hires in its Washington DC office; Matthew Moore (‘fantastic and so efficient with handling matters, the right combination of personable and intellectual’) and Bert Reiser, who provides significant Section 337 disputes experience, both arrived from Howrey LLP, while Lawrence Gotts joined from Paul, Hastings, Janofsky & Walker LLP and adds extensive trial experience. Gotts represented Honeywell against the US government, Lockheed Martin and L-3 Communications in a successful appeal that reversed a previous ruling that Honeywell’s patent, used in night vision aircraft goggles, was invalid.

Within Trademarks: litigation, tier 4

Latham & Watkins LLP is perceived by clients to have particular strength in trademark litigation, with a team of lead lawyers with extensive experience across a range of issues, serving clients in a broad spectrum of sectors. Perry Viscounty focuses on the hi-tech, life sciences and media sectors, with clients including online and print publishers Entrepreneur Media, Omnicom and One True Vine. Viscounty settled a case for gaming company Trion Worlds, which was sued by game publisher Palladium Books for trademark infringement regarding the ‘Rifts’ name. The case went before district court and the TTAB, with the case dismissed and motions for expedited discovery and preliminary injunction denied. Viscounty was also part of a team representing as plaintiff Iconix Brand Group, a company that licenses to retailers and manufacturers, as appellate co-counsel in a successful appeal regarding a breach of licensing, trademark infringement and fraud case, with an original $40m damages award restored. Split between Los Angeles and Silicon Valley, Bob Steinberg is currently part of a team representing the trust that manages photographer Ansel Adams’ publishing rights, which has brought a suit against an individual and a media company, in a highly publicised trademark infringement case. In Chicago, litigator Matthew Walch has been lead counsel for clients such as online employment site Career Builder and the United States Olympic Committee.

Investment fund formation and management

Within Private equity funds, tier 5

Latham & Watkins LLP is characterized by ‘outstanding levels of service’ and ‘excellent industry-specific energy, power and infrastructure knowledge’, as well as ‘accurate and insightful guidance’ on global regulation of investment fund sponsors. Recent highlights include advising BDT Capital Partners on structuring and formation of a new integrated financial services company, including investment advisory and merchant banking businesses and the raising of an inaugural investment fund. The practice also advised Onex Partners on a $3.75bn buyout fund, and Forum Asian Realty Income III on a $1bn opportunistic real estate fund focused on Asia. Scott Klein in Los Angeles and New York-based Kathleen Walsh co-chair the practice alongside Washington DC-based Barton Clark. New York-based Brynn Peltz and Clark are recommended for their ‘responsiveness and value added to a transaction’, while Nadia Sager provides ‘timely and relevant guidance’ from San Diego.

Within Real estate investment trusts (REITs), Latham & Watkins LLP is a first tier firm,

Latham & Watkins LLP dominates the REIT industry on the West Coast, and its reputation extends to make it a key player nationally. In 2010, the group completed 37 securities offerings, four of which were initial public offerings for Chatham Lodging Trust, CoreSite Realty Corporation, Excel Trust and Hudson Pacific Properties. It also advised the underwriters on Apollo Commercial Real Estate’s formation and IPO. REIT M&A and commercial transactions are core strengths for the team, and it has put its skills to use in the current environment of consolidation. It acted as tax counsel to Extra Space Storage on a real estate joint venture, and advised PS Business Parks on selling an industrial complex in Texas. The practice is jointly headed by Michael Brody and Julian Kleindorfer, the former bringing ‘valued tax structuring expertise’ to transactions, while David Meckler in Orange County provides finance expertise.

Litigation

Within International arbitration, tier 4

Large commercial arbitrations is the area where Latham & Watkins LLP is strongest. The firm’s expertise extends to disputes involving joint ventures, post-acquisition liability under share purchase agreements, insurance claims, reinsurance disputes, licensing and intellectual property, engineering and construction involving large-scale infrastructure projects, long-term purchase agreements, political risk insurance, as well as in a wide range of contentious and non-contentious public international law matters, including issues arising in the context of government concessions and expropriation. The practice is representing the world’s leading company in the design, certification production and marketing of an advanced technology for commercial and business aircraft in an ICC arbitration arising under a cooperation agreement with one of the leading manufacturers of business aircraft. The amount in dispute is over $100m. Mark Beckett heads up the practice and is recommended.

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

Latham & Watkins LLP has a long history of handling consumer class actions, often across multiple jurisdictions, and its greatest expertise lies in defending clients in high-stakes, complex litigation. Serving as national and trial counsel to a number of major corporations, the wide-ranging product liability practice spans industries including heavy machinery, consumer electronics, sporting equipment, tobacco, food products, toys and furniture. The team is regularly called on to defend against consumer class actions including breach of contract, fraud and breach of warranty and recently represented Aurora Organic Dairy, winning a complete dismissal in a case where plaintiffs alleged it had falsely labeled its milk products as organic. Other high-profile work included acting for Playtex Products in multiple class actions that were filed around the country pertaining to use of polycarbonate plastic baby bottles made with bisphenol A, but the common law and statutory fraud claims were dismissed in 2010. And the firm is acting for mobile marketing and advertising agency ipsh!net in a putative class action brought under the federal Telephone Consumer Protection Act (TCPA) claiming damages for almost $90m. Peter Winik is ‘intelligent, strategic and communicates exceptionally well’. Also recommended are Robert Howard in San Diego, Mark Mester and Mary Rose Alexander in Chicago, and Christine Rolph in Washington DC.

Within Product liability and mass tort defense: toxic tort, Latham & Watkins LLP is a second tier firm,

The team at Latham & Watkins LLP has in-depth knowledge of the scientific issues present in environmental and toxic tort litigation. It is representing ConocoPhillips in MTBE contamination cases brought by water companies in the US, alleging that MTBE – an additive in gasoline used to reduce air pollution – affected drinking water. It also represented Ford in toxic tort litigation in which plaintiffs alleged personal injury and property damage from exposure to contaminants at a waste site. The team continues to represent Montrose Chemical in litigation concerning property damage and personal injury claims allegedly caused by exposure to chemicals at a former pesticide factory. Chicago-based Mary Rose Alexander is global chair of the environment, land and resources department, and is recommended along with Robert Howard in San Diego and Christine Rolph in Washington DC.

Within Securities: shareholder litigation, Latham & Watkins LLP is a second tier firm,

Latham & Watkins LLP’s ‘excellent’ securities litigation practice is one of the few that has deep bench strength on both the East and West Coast. Working out of Washington DC, New York and Silicon Valley respectively, the group is jointly headed by William Baker III, Jeff Hammel and Patrick Gibbs. While the firm covers all corners of the market, its auditor work is the real jewel in the crown, with California-based partners Miles Ruthberg and Peter Wald particularly well regarded. Highlights included representing Ernst & Young (E&Y) in multidistrict proceedings to emerge from the collapse of Lehman Brothers, to which E&Y had been independent auditor. The cases allege that various individuals and institutions, alongside E&Y, are liable under US federal securities laws for alleged misstatements in Lehman’s registration statements and financial reports. On the issuer side, the firm successfully defended Omnicom Group, and certain officers and directors, against a securities fraud class action claiming damages in the billions of dollars. Financial institution clients include Deutsche Bank Securities, which retained the firm to represent it in all current and future litigation related to its residential mortgage-backed securities business, including securities based on subprime mortgage loans. The firm is also representing Fannie Mae and its outside directors in nearly 20 shareholder class action suits.

Within Supreme Court and appellate, Latham & Watkins LLP is a second tier firm,

The results have been outstanding’ at Latham & Watkins LLP, which boasts an ‘exceptional’ team of US Supreme Court and appellate lawyers. While the esteemed Maureen Mahoney is less busy with the fee-earning side of the practice, global chair Gregory Garre, a former solicitor general, has now settled in after joining the practice in late 2009. Garre’s track record in the US Supreme Court is enviable, having argued 30 cases and lost only four. At the US Supreme Court, the firm’s success for Monsanto in Monsanto Co v Geertson Seed Farms was a major highlight. In this case, the firm won a ruling that the Ninth Circuit was wrong in affirming a broad-based nationwide injunction against the planting of genetically engineered alfalfa. The firm also secured a US Supreme Court victory for University of California Hastings College of the Law in Christian Legal Society v Martinez. This case related to the college’s decision to refuse registered status to the Christian Legal Society on the grounds that it discriminated against students who refused to affirm a statement of religious beliefs or who engaged in unrepentant homosexual conduct. The US Supreme Court ultimately upheld the constitutionality of the college’s policy. In addition to Garre, Richard Bress and Scott Ballenger are also highly recommended. While the core group is based in Washington DC, clients also praise the ‘fantastic’ Kristine Wilkes in San Diego.

Within Trade secrets, Latham & Watkins LLP is a third tier firm,

Among a strong cohort of general commercial and IP litigators at Latham & Watkins LLP nationally and globally, Steven Bauer in San Francisco stands out as a key trial asset in the trade secrets arena. In 2010 he lead the team which obtained a complete defense victory for client Marvell Semiconductor in a trade secrets misappropriation case in which a “confessional” telephone conversation featured as a key piece of evidence in support of plaintiff Jasmine Technology’s case. Other recent instructions have lead to victories in trials and favourable settlements for clients including FLIR Systems and Entrepreneur Media (EMI) in cases relating to both theft of technology designs and misappropriation of company databases on departure of employees.

Within White-collar criminal defense , tier 8

Spearheaded out of California by David Schindler and Steven Bauer, Latham & Watkins LLP has a ‘deep bench of highly qualified and responsive attorneys who provide an excellent client service’ across a range of white-collar matters including securities fraud, FCPA violations and improper political contributions. Able to leverage off the firm’s far reaching international network, the team is well suited to the increased internationalization of work in this area and is regularly involved in cross-border mandates, particularly in relation to FCPA and criminal antirust issues. ‘Very knowledgeable and tactically astute’ Manny Abascal has extensive trial experience, as well as expertise at handling complex internal and government investigations, while the ‘pragmatic’ Patrick Gibbs has a prominent reputation for handling securities litigation.

Media, technology and telecoms

Within Technology: data protection and privacy, Latham & Watkins LLP is a third tier firm,

Latham & Watkins LLP’s multidisciplinary practice is led by Jennifer Archie and Kevin Boyle in Washington DC. Boyle leads the security and privacy committee, which is responsible for the firm’s global information security and privacy compliance program across its 27 offices. The group counsels US and multinational clients regarding compliance with federal and state privacy and information management laws and regulations and regulations in the EU and other non-US jurisdictions, and advises EU companies setting up in the US. Key issues include global e-mail and HR policies and strategies for breach disclosures. Archie specializes in online privacy matters, with mandates including advising leading social games providers on global data policy matters and defending MyLife.com in litigation concerning the purchase, collection and resale of consumer personal information. Brian Smith and Angela Angelovska-Wilson focus on privacy and data security matters affecting financial services, advising traditional bank providers and online payments systems and retailers on global payments and regulatory issues. Andrew Gantt has particular expertise in advising healthcare and life sciences companies on compliance HIPAA requirements. Clients include Guthy Renker, Aon, Ashoka and USA Mobility.

Within Technology: outsourcing, Latham & Watkins LLP is a second tier firm,

Latham & Watkins LLP’s outsourcing lawyers provide ‘deep industry knowledge and effective advice and advocacy’. According to clients, they ‘assist in expediting the progression of any complex transaction’, advising on numerous big-ticket outsourcing and network deals. In addition to its work in ITO, it assists clients with specialist sectors of BPO, such as asset and fund management outsourcing, finance and accounting, tax compliance, medical records, human resources and assisted business transformation. The group’s strength is underpinned by the firm’s global platform and resources which enable it to handle large-scale, prestigious multinational deals supported by local offices and expertise in related practice areas, notably intellectual property. The firm’s advanced technology tools for structuring deals enable transactions to be completed quickly and cost-effectively. Clients recommend global practice chair Marcelo Halpern in Chicago for his ‘well-reasoned counsel and balanced analysis’. He handles complex multi-faceted deals, notably assisting Navistar with numerous outsourcings including truck design and development, contract manufacturing, logistics and IT. JD Marple in Silicon Valley represents service providers and customers in the life sciences, technology and transportation sectors who find him ‘knowledgeable, responsive, and easy to work with’ with ‘first-rate negotiating skills’. In 2010, he assisted Avery Dennison with the outsourcing of its worldwide data center, help desk and related services to Tata. Allen Klein and his Washington DC team impress clients in the technology, pharmaceuticals, financial services and health sectors, notably advising B2B publisher Advanstar Communications on outsourcing its pre-print production activities to HCL. Jeremiah Wolsk wins praise for his ‘pragmatic counseling and remarkable ability to maintain a professional demeanor and obtain preferred outcomes from highly contentious negotiations’. Clients include Old Mutual, Sirius XM and Ciena Corporation.

Within Technology: transactions, Latham & Watkins LLP is a first tier firm,

Latham & Watkins LLP’s 45-lawyer team handles M&A, licensing deals and strategic transactions for vendors and users of technology. The group offers transactional and IP strength and specific industry expertise, notably in the hi-tech, telecoms, pharmaceutical and life sciences sectors. Cleantech is an expanding focus area. The firm’s international reach is a key factor. It offers East and West Coast expertise with leading tech lawyers in Silicon Valley combining a transactional practice with specialization in complementary areas. Top life sciences attorney Charles Hoyng assisted longstanding client Codexis with a master services agreement with Sandoz. ‘Rising star’ J D Marple advised Eclipsys on the renegotiation of its outsourcing relationships with two of its largest hospital customers. The group is primary outside counsel to global IT brands. Glenn Nash, who ‘leads a dynamic licensing team and has incredible resources at his disposal’, represented Adobe in its $1.8bn acquisition of web analytics company Omniture. The ‘pleasant, professional’ Anthony Klein, who ‘consistently achieves great results’, advised the Abu Dhabi Technology Development Committee, a government organization, on technology innovation in the UAE. Marcelo Halpern, in Chicago, assisted Navistar with a joint venture for truck design and development. He also advised a leading gaming manufacturer with negotiations for two separate technology sharing and marketing alliances. Allen Klein in Washington DC has an excellent market reputation for outsourcing and transactional work. ‘Valuable partner’ Roxanne Christ in Los Angeles advises on the convergence between media and technology. Appreciated for her ‘extensive expertise and responsiveness to client needs,’ she assisted GigaMedia-T2CN with its exclusive license to distribute the EA Sports online video game “NBA Street Online” across China, and a joint marketing agreement between T2CN and Tencent, China’s largest instant messaging service. Notable clients include ORC Software, Sony Online Entertainment, Harrahs’ Entertainment, MGM and USA Mobility.

Within Telecoms and broadcast: regulatory, Latham & Watkins LLP is a first tier firm,

Latham & Watkins LLP fields ‘a world-class team in terms of business acumen and industry knowledge’, drawing on the firm’s strength in IP, media, litigation, M&A and antitrust law and significant international footprint to advise a growing global client base. Based in Washington DC, the regulatory group handles a variety of roles related to the firm’s significant activities in communications, finance and M&A. The firm’s size enables it to handle the largest deals for clients ranging from carriers to satellite and broadcast companies and investors in the dynamic telecoms industry as well as providing regulatory support to major investors in the communications sector. Matthew Brill ‘does a terrific job’, and represents Time Warner Cable in regulatory matters involving cable television, broadband and digital phone services, notably regarding net neutrality, spectrum auctions and proceedings before the FCC and in disputes with local phone companies. Partner and deputy practice chair, the ‘brilliant’ John Janka, receives plaudits for ‘business focused and strategic legal advice and fantastic judgment’. His ‘primary interest is ensuring his clients’ success’, and he is recognised throughout the market for his specialist expertise in the satellite industry. Work in 2010 included representing nationwide owner of newspaper and TV stations Freedom Communications in connection with its Chapter 11 reorganization. Jim Barker represented Leap Wireless and Cricket Communications, the seventh largest wireless carrier in the US, on M&A transactions and joint ventures, spectrum swaps and leasing arrangements, the US spectrum auction process and high-profile FCC proceedings involving wireless roaming issues and joint ventures formed under FCC rules. He provides regulatory advice to Toyota regarding in-vehicle entertainment and information services. Former FCC advisor Karen Brinkmann represented CenturyLink at the FCC regarding its acquisition of Qwest. The group’s reputation for handling regulatory issues arising from the crossover of media, broadcast and internet services has attracted marquee clients across the broadcast, cable and wireless industries. A cohesive international outlook has given the group an advantage in winning and retaining clients with foreign interests, and overseas clients looking to move into the US market. Clients include ViaSat, Inmarsat, Global Crossing, Regent Communications, USA Mobility, Discovery Communications and Telecom Italia.

Within Telecoms and broadcast: transactional, Latham & Watkins LLP is a first tier firm,

Latham & Watkins LLP’s transactional prowess is supported by its global industry group and strength in numerous practice areas. The core group is organized in Washington DC and supported by leading regulatory experts and litigators. Clients appreciate its ‘ability to be efficient but also to dedicate substantial resources to a project when necessary’. This collaborative approach combined with a significant international footprint enables the group to offer a valuable perspective when advising foreign firms establishing a US presence. The group combines transactional and regulatory strength to facilitate big-ticket and mid-market deals in an increasingly active transactional market. The ‘absolutely brilliant’ John Janka is singled out for praise by clients who consider him ‘more as a member of our team than an outside lawyer’. In 2010, he led a team representing satellite communications company Viasat in matters including the $575m acquisition of WildBlue Communications, one of the largest satellite broadband service providers in the US, and the acquisition of Stonewood Group, a UK-based data encryption company, in a transaction involving a $275m high-yield debt offering and a $230m equity offering. Janka also represented Sirius XM, Arquiva and BBC Worldwide in transactions and joint ventures. Clients highlight the successful integration of a national corporate and finance practices, combining West Coast and East Coast expertise with Washington DC specialists. A team led by Jim Barker represented wireless carrier Leap Wireless and Cricket Communications in capital markets matters, M&A transactions and joint ventures, spectrum swaps and leasing arrangements. Barker and Rachel Sheridan represented Jeffries & Company in a Senior Secured Notes offering by Primus Telecommunications Group of $130m and JPMorgan in Senior Notes offerings by Sirius XM Radio and SM Satellite Radio. Other key mandates included assisting The Carlyle Group with its acquisition of CommScope, a global leader in infrastructure solutions for communications networks, in a deal that included $2.6bn in committed financing. The team is differentiated by its blend of industry knowledge and international corporate and financial prowess, which enables it to represent banks and private equity companies investing in the industry. Other leading attorneys include Matthew Brill; Karen Brinkmann, who advised CenturyLink on its merger with Quest, combines corporate and regulatory expertise; and Theresa Baer, who specializes in international transactions. Clients include Time Warner Cable and BBC Worldwide.

Mergers, acquisitions and buyouts

Within Antitrust, Latham & Watkins LLP is a first tier firm,

The ‘exceptionalLatham & Watkins LLP is praised for being ‘superior in terms of client service, industry knowledge, technical expertise, contacts with the regulators and practical advice’. Antitrust teams in Washington DC, New York and San Francisco (which attracts large hi-tech clients) are supplemented by colleagues globally, giving the group the resources and credentials to deal with every type of national or international antitrust and competition law challenge. Despite the down market, the practice invested in four internal partner promotions and two new lateral hires, including Niall Lynch joining the San Francisco office from the DOJ where he served as assistant chief of the Antitrust Division. A downturn in merger filings was balanced by an increase in work on several major international cartel investigations, including acting for Singapore Airlines regarding the air cargo cartel. San Francisco-based Daniel Wall, who has ‘great experience of technical companies and knows how a market works’, represented Live Nation on its $2.5bn merger with Ticketmaster; and Oracle on its $7.3bn acquisition of Sun Microsystems despite aggressive opposition from competitors including Microsoft and SAP. Litigation teams in San Francisco and Chicago won a complete defense judgment after a rare full trial on the merits for Ovation Pharmaceuticals (now part of Lundbeck) in antitrust lawsuits filed by the FTC challenging its acquisition of an exclusive license to manufacture and sell NeoProfen in the US. Other dismissals in class action lawsuits were obtained for Dentsply International and Time Warner Cable.

Within M&A: mega-deals ($5bn+), Latham & Watkins LLP is a second tier firm,

Latham & Watkins LLP is a leading international firm with strong, full-service public and private M&A capabilities and has a comprehensive understanding of takeover defense structures. The firm’s geographic footprint includes more than 230 attorneys practicing M&A in 10 full-service offices throughout the US. Recent highlights include opening a Houston office in the first half of 2010 with prominent Houston-based energy, private equity, M&A and capital markets lawyers. The Houston office has already advised on a number of high-profile matters in the region, including the $11bn acquisition by Schlumberger of Smith International, a supplier of premium products and services to the oil and gas exploration and production industry and the $1.4bn acquisition of Buckeye GP Holdings, a master limited partnership, by Buckeye Partners. Other major deals included advising The Carlyle Group and HCR ManorCare on the $6.1bn acquisition of the real estate assets of HCR ManorCare. In the large deal space, the firm acted for Norsk Hydro in its purchase of Vale SA’s aluminum business, the transaction reported to reshape the aluminum industry and thought to be the first of many in the sector following a resurgence in the mining and mineral sectors. It also advised Nestlé USA on its acquisition of Kraft Foods’ frozen pizza business in the US and Canada for $3.2bn. Global practice group chairs Adel Aslani-Far and Mark Gerstein are strongly recommended.

Within Private equity buyouts, Latham & Watkins LLP is a second tier firm,

Latham & Watkins LLP has impressive credentials in the private equity sector thanks to its mix of major buyout funds such as KKR, The Carlyle Group, BC Partners and Apollo Management, and middle-market sponsors such as One Equity Partners and Odyssey. The firm is also equally strong on the West as the East Coast, with Californian giants such as Leonard Green & Partners amongst its illustrious client portfolio. The firm has remained extraordinarily active in the post financial crisis environment, notably with a series of leverage buyout transactions in the restructuring space. This included a significant deal on behalf of Centerbridge Partners, which involved an innovative debt-for-control structure. The firm is also a regular adviser to going-private transactions such as Carlyle’s $3.8bn acquisition of NBTY, the third largest US buyout during 2010. Amongst other headline deals was its representation of Leonard Green on its $5.2bn acquisition of IMS Health and its LBO of Prospect Medical Holdings. With the launch of a new Houston office in 2010, the firm has dramatically enhanced its energy sector credentials and now represents sponsors such as Avista Capital Partners, Oaktree Capital, Quantum Energy partners and Natural Gas Partners from the new office. Key partners include Washington DC’s Dan Lennon, who is a key relationship partner for Carlyle. In New York, Ray Lin and Howard Sobel are very much to the fore, with close connections to BC Partners and Apollo, and Leonard Green respectively. Peter Kerman in Silicon Valley, and Los Angeles-based Thomas Sadler are also highly recommended.

Within Venture capital and emerging companies, Latham & Watkins LLP is a second tier firm,

Latham & Watkins LLP remains closely attuned to its West Coast roots and the growth enterprise and venture capital market. With its strength in Silicon Valley, Southern California and its national and international network, it represents clients from their inception as venture-back start-ups through to becoming established global brands. The firm has a particularly strong record in advising growth enterprises on their public offerings. In 2010, the firm advised on 13 out of 46 venture-backed IPOs in the US, equating to some 25% of the entire market. This includes the IPOs of biofuel and pharmaceutical company Codexis and digital media company Demand Media. The firm also advised OncoMed Pharmaceuticals on its landmark strategic alliance with Germany’s Bayer Schering Pharma. The firm remains particularly active in technology, life sciences and clean technology. A further illustration of its global power was its advice on three clean technology IPOs by Chinese companies during 2010. China Ming Yang Wind Power Group listed on the New York Stock Exchange, while Trony Solar Holdings Company and China Suntien Green Energy Corporation listed on the Hong Kong Stock Exchange. Silicon Valley partners Alan Mendelson and Patrick Pohlen are co-chairs of the emerging companies group, with the former recommended for life sciences work and the latter leading the way in the clean technology sector. Other key clients include venture funds Benchmark Capital, CMEA Ventures, Skyline Ventures and VantagePoint, and growth enterprises Adobe Systems, OpenTable.com, Yahoo! and Facebook.

Real estate and construction

Within Land use/zoning , Latham & Watkins LLP is a first tier firm,

Latham & Watkins LLP focuses on the development of commercial, institutional, residential, industrial and infrastructure projects throughout California and the West Coast. With a sizeable team of land use attorneys based in Los Angeles, San Diego and Orange County, the firm is able to handle high-profile instructions and large-scale developments. In the area of environmental litigation, ‘outstanding’ practice co-chair Christopher Garrett has a strong track record. Lucinda Starrett, who co-chairs the group alongside Garrett, focuses on administrative approvals, climate change projects and pre-litigation advice; she is noted for her ‘excellent technical knowledge and political prowess’, which is ‘the best in Los Angeles’. In 2010 the firm drafted the environmental impact report for NBC Universal’s long-term master plan for Universal Studios in Los Angeles, advising on environmental and land use issues concerned with the project, which will upgrade production facilities, bring new office space and refresh the Theme Park. Other mandates include a number of university master plans and alternative energy projects.

Within Real estate, Latham & Watkins LLP is a second tier firm,

James Hisiger chairs the ‘robust’ global real estate team at Latham & Watkins LLP, which clients describe as a ‘great team with great people’ who are ‘very responsive and thoughtful’. The department has experience in capital markets; leasing, acquisitions, dispositions and investments; joint ventures; financing, workouts and restructuring. Drawing upon CMBS loan and mezzanine debt expertise, Hisiger led a team advising REMIC trust, one of the largest special servicers, on the $7.4bn bankruptcy of Extended Stay Hotels. Hisiger also represented the healthcare company ManorCare on its $3.1bn recapitalization and refinancing of seven mezzanine loans and a mortgage loan, secured by 324 facilities in 34 states. Other key deals included representing NRG and Citigroup Global Markets on amended and restated mortgage-backed bank financing for multiple power-generating plants across nine states. Dara Denberg and Stephanie Kuhlen represented Caesars Entertainment Inc. on their $1bn joint venture arrangement with Rock Gaming to develop casinos in Cleveland and Ohio and both were also counsel to a joint venture for a potential gaming project in Massachusetts involving an investment by Caesars and engagement of Caesars as the gaming manager. The team has also acted for clients restructuring portfolios of senior living facilities across the US. On the lending front, Michelle Kelban represented Goldman Sachs on a fixed-rate securitized loan secured by 21 retail properties located in 14 states. The ‘respected’ Don Berger and Kim Boras also advised Goldman Sachs on various workouts and refinancing transactions for hotel sector clients; and continue to represent Deutsche Bank, as administrative agent, on the restructuring and workout of two mortgage loans totaling $900m to affiliates of General Growth Properties. Bruce Shepherd advised City Creek Reserve on the redevelopment of a mixed-use project in Utah, comprising six residential towers, 800,000 sq ft of retail stores and around 5,000 parking spaces. Dara Denberg and Stephanie Kuhlen were recently elected to the partnership.

Tax

Within Domestic tax: Central, Latham & Watkins LLP is a second tier firm,

Latham & Watkins LLP’s central zone tax offering now bridges both the north and south of the region. The Chicago transactional tax practice group of some 13 fee-earners, ‘good at handling complicated issues’, has been augmented by a team of two in the firm’s new, energy focused Houston office which opened early in 2010. In addition to contributing to the national practice, the Chicago tax lawyers have a strong mid-west reach with a broad base of clients in the city and several regional leaders. The regional coverage is comprehensive, strong in transactional work, planning and, more recently providing close support to the firm’s strong insolvency department. In Chicago, Joseph Kronsnoble advised Accuride Corporation through a complex debt restructuring, and Diana Doyle represented Accertify, a leading fraud-prevention provider on its sale to American Express. Other recommended lawyers include Stephen Bowen for complex planning and transactions, and Robert Goldman for his work in the healthcare and not-for-profit sectors. Timothy Fenn joined the Houston office from Vinson & Elkins L.L.P. to head the Texas tax team, and has since provided advice to Buckeye Partners, and Talon Oil & Gas, in connection with complex transactions. Other clients include Hyatt Hotels, Sagittarius Brands and INVISTA.

Within Domestic tax: East Coast, Latham & Watkins LLP is a third tier firm,

Latham & Watkins LLP’s New York-based co-chair of the US transactional tax group, a highly rated negotiator in deal discussion, David Raab is also global co-chair of the firm’s transactional tax practice group; Raab provided Nestlé with tax advice on the $3.7bn acquisition of Kraft Foods’ frozen pizza business in the US and Canada. The New York and Washington DC tax group forms part of the nationwide practice of some 70 attorneys. Also in New York, Jiyeon Lee-Lim has developed an impressive reputation in capital market tax advice, and Lisa Watts is recommended for corporate, partnership and REIT taxation. In the Washington DC office, Joseph Sullivan advises in numerous high-value transactions, and Cheryl Coe assisted Liberty Global on the sale of its stake in Japanese cable TV provide Jupiter Telecommunications to KDDI Corporation. The practice has a strong client following in the industrial sector and has developed particular expertise in real estate, and the hi-tech and healthcare sectors where IP issues cross over with tax. The department’s clients include Eli Lilly and Company, Carlyle Group, JPMorgan and Onex Partners.

Within Domestic tax: West Coast, Latham & Watkins LLP is a first tier firm,

Latham & Watkins LLP’s West Coast practice provides ‘service which is outstanding in every area, responsive, accurate and fairly priced’. The group of 26 fee-earners, largely housed in the Los Angeles office, has a well-established regional reputation and is also an integral component of the firm’s global network. In an outstanding department, David Kahn, chair of the Los Angeles tax department, is ‘a pleasure to work with, he understands the bigger picture issues we are trying to solve and advises accordingly’, and Michael Brody is ‘highly sophisticated, a true expert in real estate taxation’, and ‘responsive, accurate, simply the best tax lawyer we have ever encountered’. John Clair is recommended for his wide transactional expertise. Sam Weiner advised on tax issues when the Walt Disney Company acquired Playdom for $563m, and Larry Stein advised Yahoo! on the sale of the HotJobs website to Monster Worldwide for $225m. Kirt Switzer, who divides his time between the Silicon Valley and San Francisco offices, has advised San Francisco-based private equity firm Genstar Capital Partners on deals including the acquisitions of Granite Global Solutions and of Netsmart Technologies. Pardis Zomorodi is recommended for corporate, partnership and investment trust tax advice. Practice group clients include Live Nation Entertainment, Questar and Spansion.

Within Employee benefits and executive compensation, Latham & Watkins LLP is a first tier firm,

Latham & Watkins LLP’s ‘highly skilled and experienced practitioners’ provide a full range of transactional and advisory services and have particular expertise in the design and administration of executive compensation arrangements and employee benefit plans, including ERISA structuring. The Los Angeles team includes chair of practice James Barrall, who recently advised Rakuten on a variety of employee benefits matters when it acquired e-commerce website Buy.com, and David Taub, who represents leading corporates including Integra LifeSciences and Mattel in connection with ongoing executive compensation matters. New York-based Bradd Williamson, who ‘is very creative in identifying the most streamlined and appropriate way to respond to new legal requirements’, advised Goldman Sachs on general executive compensation and benefits issues in connection with the sale of energy investments including Cedar Bay and Power Services. In Chicago, Robin Struve is recommended for all EBEC aspects of corporate transactions, as is David Della Rocca in Washington DC. Clients of the practice group include Ameron International, GE Capital, Odyssey Investment Partners and Avery Dennison.

Within International, Latham & Watkins LLP is a second tier firm,

Latham & Watkins LLP has ‘the most consistent bench quality of the bigger tax groups’. Nicholas DeNovio chairs the global international tax practice from Washington DC. The department of some 65 lawyers embraces several United States cities, the UK, Germany, France, and Spain. Asian-linked instructions are led from Los Angeles, where Sam Weiner co-chairs the Asian tax practice and transactional tax practice groups. Middle-eastern instructions are generally handled by the New York and London teams. Key partners in New York include David Raab and Jiyeon Lee-Lim, who provided the tax advice when Norsk Hydro acquired Vale SA’s aluminium business. In Washington DC, Joseph Sullivan is recommended for his cross-border M&A expertise, and Chicago-based Joseph Kronsnoble for tax advice in bankruptcies with an international aspect. Recent clients include Linzor Capital Partners, Sonova Holding AG, Yahoo! and Temasek Financial.

Within Tax controversy, Latham & Watkins LLP is a second tier firm,

Latham & Watkins LLP’s main complement of tax controversy lawyers is based in Washington DC, where the highly rated Gerald Kafka heads the group, which offers excellent depth in the associate ranks, as well as expert partners. Rita Cavanagh, who has established a niche in the representation of tax professionals undergoing investigation by the IRS Office of Professional Responsibility (OPR), and Julian Kim, recommended for complex controversies, are among group members with experience in the IRS or Department of Treasury. Also in Washington DC, Kim Marie Boylan is expert in the tax aspects of accounting, and has a particular interest in the digital media sector. In Chicago, the ‘experienced, knowledgeable and friendly’ Roger Jones represented Vi, formerly known as ‘Classic Residence by Hyatt’, in connection with proposed income adjustments over $400m; the point at issue was whether refundable entrance fees should be included in income in the year of receipt as prepaid rent. A heavyweight team including Roger Jones and former tax department head Stephen Bowen succeeded for the Kroger Company in two cases before the US Tax Court to overturn the IRS disallowance of some $800m depreciation and amortization deductions. Noteworthy expertise on offer includes insurance sector taxation, although the practice is capable of handling all types of dispute, including transfer pricing, with expertise and efficiency. Clients include Wilmington Partners, Magma Power, CIGNA Corporation, and Bausch & Lomb.


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