The Legal 500

Within Corporate restructuring, tier 7

Covering the full spread of debtor, creditor and committee representations McDermott Will & Emery LLP’s 40-lawyer team impresses for ‘keeping all tasks, information and documents coordinated – ensuring nothing “falls of the plate”’. Chicago-based group head William Smith is ‘excellent in dealing with the board and developing strategy’ and ‘brings a well of knowledge and experience to the table’. The firm is well-known for its strong niche in advising on healthcare restructurings and it is currently representing several hospitals and congregate care communities in financial distress including medical facilities in Illinois, Indiana, Michigan, Oregon, Pennsylvania, and Washington DC. It also has sterling creditor side experience.

Within Municipal bankruptcy, McDermott Will & Emery LLP is a third tier firm,

McDermott Will & Emery LLP’s Chicago-based restructuring and insolvency practice has an ‘outstanding reputation’. The practice is fully experienced in the area of municipal insolvency and Chapter 9 proceedings, being ‘highly responsive and fully conversant with this somewhat arcane area’. Recent work included acting for Ambac Assurance as the monoline insurer of bonds that were issued to finance the construction and operation of a monorail alongside the Las Vegas strip. The team filed a motion that the monorail company did not qualify for Chapter 11 bankruptcy due to ineligibility and thus was only entitled to Chapter 9 protection. Albeit unsuccessful, the case provided important judicial guidance as to the requirements under section 109(c) of the Bankruptcy Code. In an unusual case, the team acted for US Bank as indenture trustee in relation to $120m of bonds and certificates, which had been sold to finance the operation of a three-hospital system owned by Valley Health District, which ultimately filed for Chapter 9 relief. The debtor agreed to sell the hospitals, which resulted in the debt being repaid in full. Miles Hughes regularly advises on defaulted municipal securities and municipal debt adjustment cases. William Smith heads the practice.

Within Not-for-profit, McDermott Will & Emery LLP is a third tier firm,

McDermott Will & Emery LLP is one of the most experienced firms routinely operating in the not-for-profit sector. The Los Angeles office recently acted for Ascension Health, the nation’s largest not-for-profit healthcare system, in its joint venture with Oak Hill Capital Partners. The Boston team represented Atrius Health, an alliance of five non-profit community-based physician groups representing a total of 1,000 physicians, during negotiations that led to Fallon Clinic becoming the sixth member of the alliance. The Chicago office acted for Central DuPage Health in a merger with Delnor Community Hospital to create a health system with revenues of $1bn. Healthcare expert Michael Peregrine is recommended and Robert Loutthian III is ‘very knowledgeable’ regarding tax exemption.

Within Structured finance , tier 4

McDermott Will & Emery LLP’s workload involves structuring innovative securitization and derivatives solutions, and designing, negotiating and trading structured products. With experience in the taxation and regulation of the financial markets, the firm also analyzes transactions in the context of corporate governance, legal, regulatory and tax requirements. In Chicago, Andrea Kramer is experienced in the derivatives space, but also has related expertise in tax laws, governmental regulation and trading policies. In New York, Thomas McGavin has niche expertise in securitization of private equity fund investments, but heavily focuses on the credit and equity derivatives market. Other recommended practitioners include New York’s David Taub who concentrates on structured products and securitization, and younger partner John Hammond, in Chicago, who is skilled in handling derivatives and other structured finance transactions. Clients have included CIT Group, HSBC and the International Swaps and Derivatives Association.

Within Healthcare: health insurers, McDermott Will & Emery LLP is a first tier firm,

Joel Michaels of McDermott Will & Emery LLP represented Munich Health, a subsidiary of Munich Re, on its $135m stock purchase of Windsor Health Group, in a deal designed to strengthen the company’s position in the Medicare market. In North Carolina, the firm is advising Blue Cross and Blue Shield on the development of patient-centered medical homes as a new model for provision of primary care. Washington DC-based Michaels is widely respected for his knowledge of provider/payor relationships and extensive experience representing the insurance industry.

Within Healthcare: life sciences, McDermott Will & Emery LLP is a second tier firm,

McDermott Will & Emery LLP’s lawyers are ‘creative, inventive, and very smart’. The wide-ranging practice includes a highly regarded countrywide patent prosecution practice, notably in the major life centers of California, Washington DC and Boston. The firm has a longstanding relationship with Allergan, acting as outside reimbursement and compliance counsel. It represented a coalition of companies, including Brahms and Siemens, in securing a Medicare reconsideration determination for the laboratory fees associated with the diagnostic tool procalcitonin. The firm is representing long-time litigation client Amgen in a qui tam action seeking over $1bn in damages in the Boston Federal Court. In corporate, highlights included acting for Endo Pharmaceuticals on a $900m private offering of senior notes; and on a restructuring and Series B financing deal for Versartis. Government enforcement defense attorney David Rosenbloom is ‘responsive and pragmatic, and has a good relationship with the government’. Former AstraZeneca general counsel Glenn Engelmann joined the Washington DC office in September 2011.

Within Healthcare: service providers, McDermott Will & Emery LLP is a first tier firm,

A ‘go-to’ group for service providers, with offices in Boston, Chicago, Washington DC, Florida, California and New York, McDermott Will & Emery LLP has ‘a vast array of knowledgeable people on which to draw’, including ‘nationally known experts’, and provides ‘outstanding service’. The firm is advising Tenet Healthcare and Premier Healthcare Alliance on structural and regulatory issues arising from the development of Accountable Care Organizations (ACOs); and Premier ACO – a collaborative consisting of more than 70 health systems – in one of the largest efforts to establish ACOs as the new healthcare working model under the Patient Protection and Affordable Care Act (PPACA). Its M&A highlights included completing Vanguard Health Systems’ £1bn acquisition of Detroit Medical Center; acting for Steward Health Care System in the acquisition of the not-for-profit Morton Hospital and Medical Center; and advising Central DuPage Health on its merger with Delnor-Community Health System, creating an entity with estimated revenues of $1bn. In Illinois, Bernadette Broccolo – ‘a most impressive counsellor of law on complex matters’ – is advising the State Office of Information and Technology on the early development of Health Information Exchanges, in another important mandate under the PPACA. In Florida, a 20-lawyer team is acting for a major health system on one of the state’s largest qui tam cases. Miami-based Gary Davis – noted for his ‘superb knowledge of Stark, compliance and physician relationships with hospitals’ – is advising a not-for-profit health system on ACO strategy, and has built a reputation for cutting-edge work in structuring and managed care. On the West Coast, the group’s Los Angeles practice has been active in white-collar investigations, with Russ Hayman – ‘a wonderful lawyer’ – successfully defending a provider against a four-year, 22-claim qui tam suit which concluded in May 2011. Eric Gordon, in the same office, is ‘efficient and extremely knowledgeable, and provides practical advice’. In Boston, Chris Jedrey – ‘a seasoned healthcare lawyer with very strong knowledge of the political climate’ – was part of a team which represented Caritas Christi Healthcare System on its divestment to Steward Health Care System, a portfolio company of Cerberus Capital Management; the deal, which closed in May 2011, was one of the first divestments of a health system to a private equity company in the US. The firm has notable international capabilities, with healthcare expertise in London, Munich, Rome and China, where it is currently assisting on the development of the landmark Shanghai International Medical Zone.

Within Insurance: advice to insurers Leading lawyers: Insurance: advice for insurers: coverage

Within Insurance: non-contentious Leading lawyers

Within Patent litigation: full coverage, tier 4

‘Consistently outstanding', McDermott Will & Emery LLP is a go-to firm for patent litigation nationally, and it handles a high volume of cases. Recent client wins including Spansion, Fairchild Semiconductors, Panasonic and Novartis. In California, ‘formidable litigator and strategist' Yar Chaikovsky achieved settlements for Rovi, Broadcom, Motorola and Huawei, while Terrence McMahon settled for Spansion against Samsung. Eric Hagen is ‘a patent litigator who gets results. He has superb judgment and helps clients navigate highly complicated and novel legal issues'. William Gaede and Anthony de Alcuaz are also recommended. Washington DC-based Joel Freed has ‘tremendous breadth and depth of experience' for trial, appellate and Section 337 proceedings. Sarah Chapin Columbia in Boston is representing Siemens in a patent dispute brought by Sky Technologies and obtained a preliminary injunction for plaintiff Sandoz in Momenta Pharmaceuticals v Amphastar. Other clients include Shire and Mylan.

Within Patent litigation: International Trade Commission, McDermott Will & Emery LLP is a third tier firm,

McDermott Will & Emery LLP's bi-coastal practice handles significant patent litigation before the ITC, with attorneys across Washington DC and Silicon Valley offices often teaming up to represent start-ups and major names in the high-tech sector. Trial lawyer Terrence McMahon and patent litigator Joel Freed represented Spansion as complainant in bet-the-company litigation against Samsung, which was settled with a multimillion-dollar cross-licensing deal. A similar result was achieved for Rovi, when the practice filed for investigations on behalf of the client against Toshiba, concerning patents for television and digital video technology. IP litigators Yar Chaikovsky and Blair Jacobs led on the dispute and both focus on sectors such as semiconductors and internet technology. Paul Devinsky represented Funai Electric Company as respondent to the semiconductor chip patent infringement allegation brought by Freescale, with the ITC ruling that no violation was found. Other clients include Qualcomm, Hitachi, Prism Technologies and Nortel Networks.

Within Patent prosecution: utility and design patents , McDermott Will & Emery LLP is a second tier firm,

General practice firm McDermott Will & Emery LLP has a strong patent prosecution practice, centered on a diverse range of specialisms including cloud computing, nanotechnology and healthcare. The team is ‘excellent across the board' and is praised for its deep knowledge of the workings of the US Patent and Trademark Office. The group, which has 36 partners in six offices, significantly swelled its ranks during 2011 by hiring 31 new associates and patent agents. The practice group has an impressive client base across an array of industries, and represents companies including Lockheed Martin, Google, Halliburton and Qualcomm. New clients include Celanese and Covidien. Mark Itri heads the practice from his base in Orange County. Within the team, the ‘absolutely fantastic' Stephen Becker, who heads the Washington DC prosecution group, is an expert in semiconductor and telecoms, and is ‘incredibly knowledgeable and extremely client-oriented'. Houston-based chemicals and energy expert Carey Jordan, and Boston-based Toby Kusmer, who has a diverse litigation and prosecution practice, are both also recommended.

Within Trademarks: litigation, tier 4

John Dabney in Washington DC leads McDermott Will & Emery LLP's global trademark litigation practice, and Robert Zelnick is recommended for his appellate expertise. The team represented Guggenheim Capital in a criminal case brought against individuals claiming to be members of the Guggenheim family, with the lawsuit alleging trademark violations and misuse of name claims. Dabney is currently defending fashion apparel manufacturer Hudson Clothing in a trademark opposition proceeding brought by Levi Strauss & Co, and also settled a case for plaintiff Lockheed Martin regarding the use of its Skunk Works trademark. The practice's recent experience includes domain name disputes and numerous federal court cases, among them a trademark and unfair competition lawsuit between Alzheimer's disease charities. Other clients include American Automobile Association, CGI Group, ADT Security, Howard Johnson's and Absolut Vodka.

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

McDermott Will & Emery LLP's ‘response times are always prompt and industry knowledge is current'. The experienced Joanne Ludovici-Lint heads the team, which also includes the ‘very intelligent and professional' Richard Kim. The group represents many companies with leading brands in food and beverages, automotive and technology. The 20-partner group handles trademark filings and manages the portfolios of clients such as Absolut Spirits and Pebble Beach Company. Other clients include Tyco and Shiseido. Recent highlights include advising Lockheed Martin on an unauthorized use of Skunk Works, and assisting Waterworks with the establishment of a trademark licensing program for bath-related goods.

Within Employee benefits and executive compensation, McDermott Will & Emery LLP is a second tier firm,

McDermott Will & Emery LLP has one of the largest national EBEC practices, and its ‘skills, practicality, communications and work product are outstanding’. The practice covers both the executive compensation and employee benefits areas, and the depth of the bench allows the practice to work on simultaneous large employee benefits plans for a range of major corporations. The ‘specialists are first rate’ and ‘their work is consistent and extraordinary’. David Rogers, a ‘brilliant, modest, practical, ethical, responsive, collegial and economical’ attorney, heads the 65-strong practice from the Washington DC office. Rogers is recognized for his experience in the employee benefits aspects of bankruptcy matters and in advising trade associations on benefits and compensation. Also recommended in Washington DC are Stephen Pavlick, who focuses on employee benefits matters for large multinational corporations, and Ira Mirsky. In the large Chicago team, Karen Simonsen is the key contact, and recently represented a major multinational corporation on the US employee benefit aspects of a private equity fund for its global pension plans. William Merten and Susan Schaeffer, also in Chicago, are ‘excellent ESOP lawyers’, and Joseph Adams is ‘outstanding’. Andrew Liazos in Boston is also recommended, and advised Myriant on the EBEC aspects of its IPO.

Within ERISA litigation , McDermott Will & Emery LLP is a second tier firm,

McDermott Will & Emery LLP’s ‘service is always excellent. Knowledgeable resources are always provided. Responses are timely and very thorough’. The firm recently filed a complaint against the State of Vermont on behalf of Liberty Mutual Insurance, challenging, as preempted by ERISA, a state statute requiring reporting of individual medical claims data by health insurers, including employee benefit plans. It was also chosen by the independent fiduciary for the Bank of America 401(k) plan to represent it in proceedings relating to the negotiated settlement of the Countrywide Financial securities litigation. In other highlight work, the firm secured a victory for defense contractor Northrop Grumman in a high-stakes ERISA class action suit with potential exposure of more than $1bn. In this high-profile case, the District Court for the Central District of California granted summary judgment in favor of a large Northrop pension plan and its administrative committee in litigation over the proper calculation of participants’ benefits in the retirement plan. The case is now on appeal in the Ninth Circuit. The firm has also represented State Street Bank and Trust Co in a number of high-profile cases acting in, for example, the dismissal of the General Motors stock drop class action and the dismissal of the class action pertaining to the Chrysler executive retirement plan. The hugely experienced and much admired Nancy Ross heads the firm’s employee benefits and ERISA litigation group, and her team includes the talents of Wilber Boies,’top notch’ Chris Scheithauer and John Litwinski.

Within Immigration, tier 4

McDermott Will & Emery LLP is a full service firm with an integrated immigration practice. ‘This firm is outstanding in comparison with other immigration law providers and, since it is global, legal advice on immigration questions in other countries is always promptly available’. ‘The overall level of service is the very best – knowledgeable, fast, reasonably priced and always thorough’. Its services include helping clients hire foreign nationals to work in the US, dealing with immigration issues related to the acquisition of companies and start-up operations by foreign companies in the US, and assisting artists and entertainers with visas to come to the US for performances. The firm recently assisted Index Ventures Management to obtain O-1 outstanding ability visa status for an expert in the area of investment who was being transferred to the US to run a newly established US office of a foreign company. As well as routine cases, in the last year it has handled a number of immigration cases on a pro bono basis, including those for individuals in the arts world, and some challenging asylum and abused spouse cases. Joan-Elisse Carpentier heads up the business immigration practice. She ‘is very knowledgeable, explains complicated matters clearly, and is very responsive and fast at supplying a finished product’.

Within International trade, McDermott Will & Emery LLP is a third tier firm,

The lawyers at McDermott Will & Emery LLP are ‘responsive and thorough’ and ‘aware of client sensitivities’, and provide a ‘top-notch service’. The team remains strong on trade policy, import relief and WTO disputes. In early 2012, the Washington office was bolstered by the arrival of Jay Eizenstat, who will focus on WTO advice, market access and issues relating to free trade agreements. Noting an increase in trade control instructions, the team recently advised clients in the Middle East on the application of rules surrounding dual-use items. Several of the team’s key recent instructions are for clients operating in the agricultural sector; Carolyn Gleason advised California Cling Peach Board on unfair trade issues surrounding the import of canned Chinese fruit. Together with lawyers from other practices, David Levine advised CVS Pharmacy on customs and trade compliance relating to the client’s sourcing of pharmaceuticals.

Within Product liability and mass tort defense: toxic tort, McDermott Will & Emery LLP is a third tier firm,

McDermott Will & Emery LLP handles a substantial volume of toxic tort work among its overall caseload. This includes acting for Honeywell as national coordinating counsel in asbestos personal injury and wrongful death cases, concerning brake linings manufactured and sold by its predecessor Bendix. There are currently some 20,000 active cases pending throughout the US and the firm’s role is to oversee the defense and direct the activities of local counsel. It has served as trial counsel to ExxonMobil for a number of years and has defended it in more than 120 mass tort and product liability cases brought by public water providers and sovereign governments, and consolidated them into a single federal MDL. Chicago-based Michael Pope chairs the product liability group.

Within Supreme Court and appellate, McDermott Will & Emery LLP is a third tier firm,

McDermott Will & Emery LLP’s team is ‘responsive, hardworking, creative, communicative, and very knowledgeable in both the applicable law and the litigation process’. Clients also appreciate ‘the small teams the firm uses to work on matters’. Practice head Bobby Burchfield is ‘a nationally known expert on campaign finance litigation’, Eugene Goldman is ‘particularly good’, and Miller Baker is ‘well respected in his field’. The firm has been retained by the US Chamber of Commerce in respect of numerous lawsuits brought under a little known patent marking statute, an instruction which has illustrated Baker’s ability to spot difficult issues of law. In this respect, the firm also drafted an amicus curiae brief in support of Wham-O, a Frisbee manufacturer, arguing that the false marking statute is unconstitutional. Other clients include Arthur Andersen, Cisco Systems, and the Republican National Committee.

Within Trade secrets, McDermott Will & Emery LLP is a second tier firm,

The ‘consistently outstanding’ McDermott Will & Emery LLP is ‘one of the best’ for ‘outstanding advice on technology developments, handling of customer data, employee hiring and departures, and protection of confidential information’, according to clients. The dedicated group has extensive expertise in state and federal courts and the International Trade Commission, and has particular strength on the intersection between trade secret protection and antitrust law. Silicon Valley-based Anthony de Alcuaz – an ‘outstanding negotiator, litigator, and strategist with great business sense’ – recently obtained a favorable settlement for the flash memory chip maker in an action against Chingis Technology. The ‘very responsive’ Eric Hagen in Los Angeles has ‘superb judgment’ and navigates ‘highly complicated and novel legal issues’ for appreciative clients, who receive a ‘cost-effective service’. Eric Hagen and Terry McMahon successfully defended hard disk drive manufacturer Seagate Technology against plaintiffs Convolve and MIT in a landmark Federal Circuit ruling on attorney-client and work product privilege.

Within White-collar criminal defense , tier 7

With strong capability in Chicago, Washington DC, Los Angeles and Boston, McDermott Will & Emery LLP provides ‘extremely practical advice and unsurpassed problem-solving ability’ across DOJ and SEC investigations including matters relating to bribery, government contracting and procurement fraud and FCPA violations. Also able to leverage off the services of a formidable 180-attorney national litigation practice, the team is well-equipped to handle high-profile criminal trials. This was recently underscored by the firm’s success on behalf of former Broadcom executive Henry Samueli in achieving the dismissal of the entire criminal stock-options backdating case brought against him. The team also successfully defended John Flannery, former CEO of State Street Global Advisers, in what was one of the first cases brought by the SEC arising out of the financial crisis and subprime securities debacle. The team also benefits from a ‘lot of depth in the healthcare field’, where Russell Hayman is particularly accomplished. The ‘extremely responsive and strategic’ David Rosenbloom also handles a significant amount of work within the healthcare sector and along with ‘thoughtful, practical and creative’ Boston-based team head Michael Kendall recently represented Amgen in a major false claims case. Washington DC-based Paul Thompson has ‘thorough subject matter expertise’ and is particularly accomplished at handling internal investigations on behalf of corporates and in establishing suitable compliance programs. Clients include Aon, DaVita, Resurrection Health Care, Strong Financial and Ambac Assurance.

Within Technology: data protection and privacy, McDermott Will & Emery LLP is a second tier firm,

McDermott Will & Emery LLP’s group led by ‘great client counselor’ Daniel Gottlieb in Chicago, who is recommended for his ‘excellent technical knowledge’. Supported by a strong national and global footprint and recognized for its leading expertise in healthcare, the group advises on HIPAA and HITECH act matters and assists clients with managing sensitive data and mitigating risks involving stored information, data transfers and data breaches. The ‘smart, responsive and client-oriented’ Heather Egan Sussman in Boston ‘is willing to go the extra mile’, drawing on the firm’s strength in employment, healthcare and intellectual property. Online commerce and behavioral advertising are key focus areas, and in 2011, the group saw an increase in international and cross-jurisdictional instructions. Stephen Bernstein advised Cardinal health on its binding corporate rules approval. Bernadette Broccolo provides ‘astute guidance on complex matters in an efficient and convincing manner’. Jorge Arciniega in Los Angeles advises Univision on data security, consumer protection and e-commerce.

Within Antitrust, tier 5

‘Great value for money’, McDermott Will & Emery LLP is recommended for its ‘exceptional’ level of service and ‘efficient, pragmatic advice’, which ‘really cannot be beaten’. In 2011, the antitrust practice not only expanded in size but enhanced its offering in the healthcare sector, through the arrival of Jeffrey Brennan, who joined from Dechert LLP. Brennan is the former head of the FTC’s healthcare division and recently advised Kinray, the largest pharmaceutical wholesaler to independent pharmacies in the New York City area, on the antitrust aspects of its acquisition by Cardinal Health. Spread across offices in Washington DC, Illinois, Texas, New York and California, the team is led by Joseph Winterscheid, who focuses on merger control, abuse of dominance cases and distribution counseling. Working closely with Winterscheid in Washington DC, Joel Grosberg and Raymond Jacobsen are ‘business savvy and work around their clients’ time and issues’. Grosberg recently advised Fila Korea on its $1.2bn acquisition of Acushnet Company’s golf business from Fortune Brands. In Chicago, the ‘fantastic’ David Marx is defending Mars in a chocolate price-fixing class action. Houston-based Alison Smith is extremely active in the oil and gas sector, acting for clients such as Texas Offshore Port System and Anadarko Petroleum Corporation.

Within M&A: middle-market ($500m-999m), McDermott Will & Emery LLP is a first tier firm,

McDermott Will & Emery LLP is ‘committed to short turnaround times. The attorneys give very solid advice and service, have excellent judgment, and are outstanding value’. Other clients report that the firm has ‘very savvy and client-focused lawyers who understand our goals and our issues’. The firm’s key sector strengths include healthcare and life sciences, with the corporate practice strengthened by tax, employee benefits, antitrust, private client, and IP practices. The Chicago-based 55-lawyer corporate and M&A team handles a range of major deals; the New York group is noted for energy and manufacturing M&A; the 20-lawyer California team has expertise in venture-backed start-ups and emerging growth companies; the Boston group has a strong public and private M&A practice handling deals in the $25-$500m range; the Washington DC practice represents companies on a variety of M&A transactions; the Miami-based team acts as advisor to public and privately held businesses, and private equity funds; and the Texas attorneys are strongly focused on the energy sector. Recent matters include acting for Fila Korea and Mirae Asset Private Equity on the $1.225bn cash purchase of the Acushnet golf business from Fortune Brands; assisting Vis Christi in connection with its acquisition of Wichita Clinic, one of Kansas’ largest outpatient multi-specialty group practices, with 12 locations and 160 physicians practicing in more than 40 specialties; and advising Dexter Foundry, a subsidiary of the firm’s client Dexter Apache Holdings, in connection with the sale of its assets and certain liabilities to Revstone Industries. Other highlights included representing Merge Healthcare, a leading provider of healthcare imaging solutions, in its acquisition of Ophthalmic Imaging Systems, a provider of digital imaging and informatics solutions for ophthalmology and other medical specialties; acting for Health Care Service Corporation in connection with its investment in Bloom Health Corporation, a Minneapolis-based company that provides employers and health plans with defined contribution health benefits solutions; advising Rogers Corporation on the acquisition of Curamik Electronics, a Germany-headquartered manufacturer of power electronic substrate products; and assisting Dimension Data on the US aspects of its $3.2bn acquisition by NTT. The firm also continues to represent ProBuild in connection with M&A transactions. New York-based David Goldman is the firm-wide corporate chair, and New York-based Timothy Alvino is, for one client, ‘one of the best lawyers I know. He is available 24/7 and makes us feel like we are his only client. He is our trusted advisor and go-to guy’. Todd Finger in New York is ‘great to work with. He is very smart and responsive and manages his team very well’. Amy Leder in New York is also recommended. Mark Stein is the Boston corporate leader; Silicon Valley-based Mark Mihanovic heads the West Coast corporate practice; Thomas Conaghan leads the Washington DC corporate group; the Miami corporate group head is Harris Siskind; and the Chicago-based Illinois corporate group leader is Brooks Gruemmer. Miami-based Frederic Levenson is ‘an overwhelmingly committed deal lawyer’, and Amy Ferrer in Boston ‘takes the time to understand our business completely’.

Within Private equity buyouts, tier 5

Chicago-headquartered McDermott Will & Emery LLP is a ‘top-rate firm’, that is ‘very responsive’, ‘detail-oriented’, ‘business-oriented’ and has the requisite ‘broad’ expertise that is employed on private equity transactions. In particular, the firm has extensive regulatory expertise. Clients also commend the firm’s ‘industry knowledge’, ‘deep resources’ and ‘outstanding value’. Healthcare, food and beverages, and energy are key industry sectors for the practice. The firm focuses on the middle-market and younger funds that are steadily increasing the breadth of assets under management. For the practice, the average deal size and complexity is consistently growing. HIG Capital is one such example, the firm having represented the private equity house through its development into a major private equity player. Baird Capital Partners is another long-term client. In 2011, the firm represented Baird Capital in the sale of its portfolio company Medical Education Technologies to CAE Industries. Comvest Group, Bayside Capital, Glencoe Capital, Riverside Partners and Westshore Capital are also amongst its client base. The Chicago office holds the largest share of the private equity team, closely followed by New York and Miami branches, the latter where the firm’s HIG Capital relationship stems from. Leading partners include Chicago’s Laurence Bronska (‘service-oriented’, ‘responsive’, ‘creative’, ‘true star in this field of law’, ‘in the top 1% of his field’), Andrew McCune (‘smart’, ‘responsive’, ‘thoughtful and personable’, ‘he is a strong advocate for us in negotiations’, Brooks Gruemmer and Mark Harris (‘very experienced in advising on deals and the tactics in negotiating the deals’). Florida’s Harris Siskind is also recommended.

Within Venture capital and emerging companies, tier 4

With a significant presence in Boston, Silicon Valley and San Diego, McDermott Will & Emery LLP’s team is considered ‘smart’, ‘creative’, ‘practical’, ‘efficient’ and ‘value-oriented’. The practice ranges from seed and first round venture financings to later stage investments and has a fine reputation in the healthcare and life sciences sectors, as well as in technology and internet, and renewable energy. The Boston office has a long-established record of advising start-ups emerging from the technology community surrounding Dartmouth College in New Hampshire. In July 2011, Boston partner Mark Stein led the team that advised SV Life Sciences on the sale of portfolio company Vitalize Consulting Solutions on its $200m sale to defence contractor SAIC. Other leading figures include Silicon Valley partners Mark Mihanovic and Kyle Guse, and Todd Finger (‘very bright’, ‘hyper responsive’, ‘consistently meets our goals’) in New York.

Within Domestic tax: Central, McDermott Will & Emery LLP is a second tier firm,

McDermott Will & Emery LLP’s Chicago-based corporate tax group provides ‘outstanding client service with valuable insights’. The practice has a strong international focus, significant SALT practice, and pockets of expertise including private client tax planning for closely-held companies, financial products, insurance, and bond offerings. The firm is steeped in tax; Lowell Yoder, noted for his ‘scholarly approach to the law’ and ‘business acumen’ heads the US and international tax team, and Jane Wells May heads the state and local tax team at the largest tax practice of any major law firm in Chicago. The firm recently advised McGraw-Hill on the tax aspects of the formation of a non-US holding company for its international operations and the tax efficient reorganization of these operations across western Europe and Asia-Pacific. Clients include major multinationals such as General Electric, Motorola, Tyco, and Procter & Gamble. Thomas Borders ‘achieves terrific results’.

Within Domestic tax: East Coast, McDermott Will & Emery LLP is a third tier firm,

McDermott Will & Emery LLP is represented on the East Coast by a full-service Washington DC practice, headed up by Stephen Wells, representing some of the world’s largest corporations on international tax controversy matters, and a smaller New York office, led by Thomas Giegerich, which handles federal and international tax matters with a heavy emphasis on cross-border matters, as well as having a prominent state and local tax. The firm is currently advising Fortune Brands, a significant new client for the tax practice, on the tax implications and structuring involved in a tax-free spin-off, and is advising Johnson & Johnson in connection with the tax aspects of its $21.3bn acquisition of Synthes. It also handles tax planning, transactional and tax controversy matters for Diageo. Other active clients include Credit Suisse, Deutsche Bank, Pfizer and AT&T.

Within Domestic tax: West Coast, tier 4

McDermott Will & Emery LLP’s California offices in Silicon Valley and Los Angeles, headed by Frederick Chilton, form a key part of its national tax practice and handle corporate tax planning, state and local tax, tax controversy and litigation. The focused is on high-tech companies and much of the tax planning relates to IP and international cross-border tax planning. The firm also handles controversy in IRS appeals and at the specialty tax court. A primary area is cost-sharing, including transfer pricing work and other collateral issues. The firm’s client base on the West Coast began as high-tech and clients include CISCO systems, Yahoo! and Invidia, but has expanded to include IP work for clients in other areas including Gilead. The firm recently picked up new clients Groupon, who it is currently advising, as preferred tax counsel, on US and foreign tax planning, and eBay.

Within Financial products, McDermott Will & Emery LLP is a second tier firm,

Andrea Kramer heads McDermott Will & Emery LLP’s ‘excellent’ financial products, trading and derivatives group in Chicago, and is increasingly active in advising on the tax implications of energy sector transactions. William Pomierski is also recommended, for his considerable experience in the taxation of financial products; his practice covers both traditional and more unusual derivatives, such as variable prepaid forwards and credit default swaps. In New York, John Lutz’s practice focuses on the taxation of structured finance, derivatives and structured products; his recent work includes advising Deutsche Bank Securities on derivatives tax and corporate issues following its decision to enter into the municipal investment business. Other clients of the practice include Goldman Sachs, American Express and Credit Suisse.

Within International tax, McDermott Will & Emery LLP is a third tier firm,

With over 40 lawyers in its global tax practice and 30 in the US engaged in international tax in Silicon Valley, Washington DC, Chicago and New York, McDermott Will & Emery LLP provides a wide range of international inbound and outbound services to its clients including transactional support, tax planning, and international restructuring. Lowell Yoder, widely recognized as an expert in international and corporate tax planning, leads the practice from the firm’s Chicago office, which is currently advising McGraw-Hill on the tax aspects of the formation of a non-US holding company for its international operations and the tax efficient reorganization of these operations. Stephen Wells leads the Washington DC team, which serves the needs of major Fortune companies on the tax aspects of M&A and corporate restructurings, typically handling the US aspects of cross-border deals. Wells’ team is currently acting for Tyco International on the structure and tax implications of that company’s proposed multi-billion three-way separation in a tax-free spin-off transaction. Thomas Giegerich heads the New York practice, which is currently advising Sumitomo Corporation of America on the tax aspects of domestic and cross-border acquisitions and financing, as well as representation in tax controversy matter. The firm’s Silicon Valley office, headed by Fred Chilton advises high-tech clients on cross-border IP tax planning and structuring. Other clients include Credit Suisse, Diageo, Citigroup and Bayer.

Within Tax controversy, McDermott Will & Emery LLP is a second tier firm,

McDermott Will & Emery LLP has a truly national practice, active in the major US centers and on both coasts, with the largest concentrations of lawyers in Chicago and Washington DC. Jean Pawlow, an ‘especially talented individual’, heads the ‘very responsive and highly competent’ team. The California office is particularly active currently, and the firm continues to expand in this area. Frederick Chilton, in Silicon Valley, represented Cisco in a matter involving transfer pricing and domestic manufacturing issues. Another major practice strength is private client work, and trusts and estates disputes, as indicated by a major Tax Court victory in the Estate of Duncan case; Thomas Borders led in representing the executors in the case, which dealt with an estate’s ability to deduct the interest on borrowed funds used to pay estate taxes upfront, where the interest might not be paid for many years. As well as a strong federal tax controversy team, the firm is acknowledged for its market-leading SALT litigation practice, led by Chicago-based Jane Wells May. The practice is the preferred SALT advisor to leading investment banks such as Goldman Sachs and Morgan Stanley, with Peter Faber a key lawyer in the area. Elizabeth Erickson in the Washington DC office is considered a rising star in tax controversy. Other clients of the firm include Diageo, Securitas and Cooper Industries.