The Legal 500

Morgan Lewis

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

Finance

Within Corporate restructuring, tier 4

Driven out of New York but aided by significant outposts in Boston and Philadelphia, Morgan Lewis’ 36-strong team handles work for a broad client base in bankruptcies and out-of-court restructurings. Leveraging off deeply entrenched ties with a number of major Wall Street banks, the practice has a well-earned reputation as one of the leading firms in the market for DIP financing and exit lending. A longstanding relationship with JPMorgan has seen the team instructed by the bank as DIP agent and arranger in a slew of mandates including Tower Automotive, Kmart, American Commercial Lines, Burlington Industries, Polaroid and Bruno’s. Distressed company transactions are also a staple of the firm. Operating under the banner of a bespoke task force, the team brings together members from several complementary practice groups including M&A, private equity, finance and tax, to advise clients across the full suite of mandates, from debt swaps and loan-to-own transactions to section 363 sales. The firm also has a niche expertise advising creditors’ committees in the entertainment industry. Although the practice was weakened by the recent departure of former co-head Howard Beltzer to Mayer Brown, it still houses a number of well-respected and skilful practitioners including practice head Richard Toder, who as well as his excellent pedigree for advising senior secured lenders such as JPMorgan and Wachovia, also regularly serves as a mediator in the Southern District of New York Bankruptcy Court.

Within Structured finance , tier 5

Morgan Lewis’ 16-fee-earner practice group advises on all categories of over-the-counter (OTC) and exchange-traded derivatives, including equity, debt, credit, commodity, interest rate, currency and weather derivatives. The group also offers expertise in insurance linked structured products. New York-based head of group Thomas D’Ambrosio has recently represented clients with collective assets under management in excess of $100bn in connection with ISDA agreements and derivative transactions, as well as derivatives exposures to and claims against various Lehman Brothers entities. Also in New York, Georgia Bullitt has advised clients including insurers, investment advisers, associations and pension funds in connection with the derivative reform provisions of the Dodd-Frank Act. Michael Macaluso has considerable expertise in the cross-border complexities of structured products and derivatives. Clients include SCANA Corporation, Stable Value Investment Association, HIG Capital and Louis Dreyfus.

Industry focus

Within Energy: litigation, Morgan Lewis is a third tier firm,

Morgan Lewis has a ‘creative’ team of lawyers from coast to coast, and advises clients across the energy spectrum including pipelines, oil and gas producers and transmission providers. The firm is also recommended for its work in the nuclear space, in which it advises clients such as Southern California Edison. Clients state that ‘the nuclear team is one of the best in the country’ and that it is ‘timely and effective’. The team has capability to litigate high stakes courtroom matters, including arbitration and administrative disputes. It has represented Shell in multiple high-profile contamination suits involving more than 800 plaintiffs claiming petroleum contamination of a residential area near Los Angeles. Other highlights included representing Weatherford in a patent infringement action involving technology relating to the drilling of oil and gas wells in the US District Court for the Southern District of Texas, which was settled favorably. Brad Fagg and David Schrader co-head the team from Washington DC and Los Angeles respectively.

Within Insurance: advice to policyholders, Morgan Lewis is a third tier firm,

Dominant force’ Paul Zevnik and Michel Horton head the coverage practice at Morgan Lewis, which has outposts across the US from New England, New York, Philadelphia, Delaware, Florida and Texas to Illinois and California. The firm undertakes a wide variety of coverage work and has particular expertise in bankruptcy related matters, insurance captives and reoganizations. It is representing former insulation installer and distributor Thorpe Insulation in matters emanating from its bankruptcy, a result of its insurers’ refusal to recognize non-aggregated coverage for asbestos operations liabilities; a reoganization plan for Thorpe was approved and affirmed in September 2010, and the firm has structured and negotiated complex settlements with 16 of the 21 insurers for recoveries over $630m, including Swiss Re and Allianz. Other clients include Deutsche Bank, ITT Corporation, Transocean and Tyco International.

Investment fund formation and management

Within Alternative/hedge funds, Morgan Lewis is a third tier firm,

Morgan Lewis’ team advises over 250 global hedge fund managers, including 30 with $1bn-plus assets under management, of which six are among the world’s largest hedge funds. The ‘depth of the team is above average, with a broad understanding of the issues regarding fiduciary responsibility and market terms’, although some clients note that ‘some younger attorneys need more training and experience’. Its investor-side practice is ‘one of the very best’ and includes major institutional clients such as South Carolina Retirement System and CalPERS, both of which recently sought advice on withdrawing from a number of commingled hedge funds, as well as on establishing several new global captive hedge funds. The practice also represented eight leading insurers on their fund-of-funds workout with Tremont and the Madoff trustee, and assisted Morgan Stanley with its $125m global captive hedge fund investments. Louis Singer and Jedd Wider jointly head the team and are ‘extremely hardworking: working extraordinary hours and through complex issues to reach a reasonable conclusion’.

Within Mutual/registered funds, Morgan Lewis is a first tier firm,

Morgan Lewis’ team is ‘practical, cost-effective, and has extensive investment management industry expertise’, with particular mention made of its ‘incomparable ETF experience’, where it represents 48 of the top 50 open-end ETFs ranked by total assets. 45 attorneys focus on the registered funds industry, and clients remark that the group’s ‘long-term view of the business’ is one of its key attractions. These clients include nine of the ten largest money managers, and major industry associations such as the Investment Company Institute and the Bank Insurance & Securities Association. The practice, which brought 41 new funds to market in the first nine months of 2010, is considered ‘forward-thinking and experienced, providing preventative advice and counsel where necessary’. On the ETF front, the group advised on the initial launch of the US One Fund, an actively managed ETF of ETFs, and completed the launch of Schwab’s new family of ETFs. Other ETF-sponsor clients include State Street Global Advisers, Rydex and Wisdom Tree. 2010 also saw the team appointed as counsel to the BBH Trust, which involved registering a new retail fund class of BBH Core Select, which marked the client’s first entry into retail sales of its funds. In an indication of the group’s regulatory expertise, it obtained no-action relief from the SEC for American Capital, permitting this longstanding client to adopt a shareholder distribution policy that would otherwise have been prohibited under the Investment Company Act. Clients are quick to highlight the ‘level of experience and depth of the team’ as a whole, with W John McGuire’s ‘very deep knowledge of ETFs’ and ‘experience, leadership and support’ considered an invaluable resource by clients. Washington DC-based Thomas Harman, whose former role as chief counsel to the SEC ‘provides him with a great resource of knowledge and insight on regulatory issues’, also draws praise, as does New York-based team head Steven Stone. Christopher Menconi in Washington DC was promoted to partner.

Within Private equity funds, Morgan Lewis is a third tier firm,

Morgan Lewis’ reputation for ‘extremely professional, high-quality service’ stems from its LP-side work for some of the largest institutional investors, including the four largest public pension plans in the US. It is one of ‘very few firms with the depth and experience in representing investors in private equity limited partnerships’, but also has a considerable sponsor-side offering in the funds-of-funds category, where it acts for five of the ten largest private equity complexes measured by assets under management. Ten partners focus on private equity investment management, with the team able to draw on the firm’s broader resources in tax, ERISA and securities where necessary. State pension funds are a core part of the practice’s LP client base; it recently advised the Ohio Public Employees Retirement Fund on its investments in over 30 captive and commingled secondary funds, with values ranging from $50m to $200m. It also advised the California Public Employees’ Retirement System on its acquisition of a large stake in Gatwick Airport, which was structured as a co-investment with an infrastructure fund. Other highlights included advising Credit Suisse’s asset management division on forming private equity funds-of-funds, feeder funds and co-investment funds designed for global investors, and representing Pantheon in an acquisition structured to purchase portfolio interests through an SPV. Practice head Louis Singer is ‘excellent on LP representations’, while the ‘highly knowledgeable, responsive and articulate’ Georgette Schaeffer ‘always does a good job’.

Labor and employment

Within ERISA litigation , Morgan Lewis is a first tier firm,

The ‘fantastic’ team at Morgan Lewis continues to impress peers and clients alike with its breadth of expertise. Its ‘very client-oriented’ labor and employment law and employee benefits lawyers handle some of the most complex Employee Retirement Income Security Act (ERISA) litigation across the United States. ‘The overall level of service is excellent. I believe that it clearly has the most depth in the ERISA practice area of any US firm. It is obvious that the firm devotes significant resources to its ERISA practice group’. ‘The people in the group are both knowledgeable in the subject area of ERISA, but are also skilled litigators. Response time is excellent, and while no top-notch firms are cheap, it is good value’. The team is ‘knowledgeable and aggressive in its defense approach’. Highlight work included representing Tellabs in the second post-Enron ERISA stock-drop case to go to trial. In 2010, the firm continued to act as defense counsel in Kanawi v Bechtel Corp, one of a wave of 20 ERISA class actions that are pending against Fortune 500 companies. Other representations have included the defendants in Quan et al v Computer Sciences Corporation, et al, where the Ninth Circuit resolved inconsistent rulings in its prior decisions and affirmed a district court judgment in favor of CSC and its plan fiduciaries. In another recent case, this time involving COBRA premium calculations, the firm secured a favorable class settlement for the defendants in Owen v Methodist Hospitals of Dallas, Inc (d/b/a/ Methodist Health System), et al.First rate lawyer’ Charles Jackson ,who has ‘serious trial experience in this area’, co-chairs the ERISA litigation group with Philadelphia-based Brian Ortelere. ‘Their strength is the breadth and depth of knowledge, together with their litigation skills’. Another high-flyer from this ‘excellent’ firm is Gregory Braden, who is described by clients as their ‘first choice’. Depth of ability is key to the firm’s success; individuals that deserve high praise include Sari Alamuddin and Deborah Davidson in Chicago, and ‘very knowledgeable’ Jeremy Blumenfeld in Philadelphia. In 2010 Ward Kallstrom left the firm’s San Francisco office to join Seyfarth Shaw.

Within Immigration, Morgan Lewis is a second tier firm,

Morgan Lewis offers an interdisciplinary perspective that stresses the synergy between a multinational corporation’s immigration program and its other essential operations, including internal employment policies, corporate compliance and governance, plans for expansion, corporate development, and growth. It provides ‘a high level of service, is always responsive, available when needed and thorough’. ‘I would highly recommend it to any corporate client that wants to outsource and trust the firm with its immigration/visa requirements’. Also of note, the firm has strong relationships with senior government officials in Washington DC, in all agencies that deal with immigration including the Department of Labor, the State Department and the Department of Homeland Security, and continues to maintain a growing US visa practice that has developed creative alternatives for employers seeking visas for foreign talent and shortage occupations. It also has an innovative immigration compliance practice that is at the forefront of I-9 and E-Verify worksite counseling and support. The firm also represents clients who are facing immigration-related government charges, teaming up with its colleagues in the labor and employment and white-collar litigation practices as needed, to ensure that the firm’s clients’ interests are protected. Recently, the firm has taken on more responsibility for managing Apple’s global immigration program, and is working more closely with the Apple M&A group. The firm functions as part of the company’s M&A team to review and conduct due diligence on talent, ensure that deals are structured in a way that provides access to and successful integration of that talent. Other representative work highlights included providing immigration counseling for pharmaceutical, medical device, and medical technology companies including Integra Life Sciences, B Braun Medical and Aesculap. Further high-profile clients include DHL and Toyota Motors of North America. The much-admired corporate immigration practice leader Eleanor Pelta is president-elect of the American Immigration Lawyers Association (AILA). Her talented team includes Eric Bord and Lance Nagel. James Vazquez-Azpiri ‘translates legal jargon in simple easy to understand terms to our executive levels’.

Within Labor and employment litigation, Morgan Lewis is a first tier firm,

Joseph Costello’s labor and employment litigation team at Morgan Lewis is held in the very highest esteem by its clients. ‘Impeccable service with great results’. ‘It has the deepest “bench” of first-class labor lawyers and employment litigators in the US’. ‘It rates higher than other law firms in terms of skills, abilities, response time and bench strength’. ‘Excellent response times, appropriateness of advice, excellent business acumen and industry knowledge’. Recent highlight work includes concluding a successful representation of Stewart Business Systems, a seller/servicer of office equipment, in a lawsuit in New Jersey state court against Atlantic Tomorrow’s Office and 19 former Stewart employees and, in a victory for client Rolls-Royce, a federal court in Indianapolis issued a decision denying class certification in Randall v Rolls-Royce Corporation, a gender discrimination class action that advanced a novel theory for class-wide liability based on the Lilly Ledbetter Fair Pay Act. From Washington DC, Grace Speights ‘is the best when it comes to litigation strategy, particularly in EEO litigation and in dealing with EEOC matters. Grace is brilliant at client relations. Her level of experience cannot be matched. She wins instant respect from executives she deals with’. Indeed, ‘the Washington office team is very closely connected with officials at DOL, NLRB, and EEOC and is highly regarded by officials inside these agencies, which is a great asset in dealing with agency investigators’. Michael Banks is a ‘subject matter expert who is driven to get positive results’, while Nina Stillman is ‘a highly skilled lawyer who can provide legal advice efficiently and accurately. She identifies issues, always assists us in getting to the “right” answer and does so efficiently and effectively. Nina can do more in a 15 minute phone call than most practitioners can do in a day’. ‘She works passionately for her clients and is practical and business minded’. In addition to obtaining several summary judgments, Melinda Riechart has tried to judgment or arbitrated 14 cases over the last 15 years and prevailed on all employment issues in each case. Also highly regarded, New York-based Samuel Shaulson is co-chair of the firm’s financial services employment law practice. Robert Smith and Clifford Sethness are also highly recommended. In 2011, Ira Rosenstein joined the firm from Orrick, Herrington & Sutcliffe LLP.

Within Labor-management relations, Morgan Lewis is a first tier firm,

Morgan Lewis continues to impress with the quality of its labor law practice. ‘The firm’s traditional labor lawyers have excellent relationships with labor union leaders at the national level. This is due to the fact that these lawyers are not viewed as union-busters, but as effective advocates who play smart and fair and can be trusted when making a deal.’ ‘No other firm can match its experience in collective bargaining with traditional, blue-collar workforces’. The firm achieved a significant win in a federal appeals court, in which the Second Circuit reversed a district court decision that the Railway Labor Act prohibits Amtrak from disciplining an employee for improper conduct while he is acting as a union representative. In another matter, the firm’s labor law team won a union election among faculty for Education Management, the Art Institute of Seattle. The United Federation of Teachers (UFT) was trying to organize for the first time a for-profit institution in the State of Washington and had a very large public relations campaign. The UFT issued a press release before the vote indicating that it would be announcing its victory the next day and even brought its public relations team and professional photographers to the vote count. The final tally of ballots was 64 to 48 against union representation. The firm was also retained to provide advice to client Hewlett-Packard in connection with its first union- organizing campaign in the 71-year history of the company, and is assisting Continental Airlines with their traditional labor counseling and litigation, including with respect to the merger with United Airlines. It also assists Rolls-Royce North America with labor relations matters under several collective bargaining agreements at various facilities located throughout the United States and Canada. Joseph Santucci ‘achieves his clients’ objectives by forging working relationships with his opponents – both the union representatives and their attorneys’. Doreen Davis ‘has great experience – she has seen and heard it all’. ‘Clients love her because she is so tough’. Thomas Reinert and John Ring are also highly recommended. James Kelley is ‘fantastic not only in collective bargaining issues but with overall strategic advice. He is the ultimate trusted adviser’.

Within Workplace and employment counseling, Morgan Lewis is a first tier firm,

Morgan Lewis’ significant experience in litigating employment matters enhances its ability to assist in preventive actions. The firm offers counseling in various areas such as policy and compliance audits; California employment counseling; policy, agreement and plan drafting; executive compensation and employee benefits, reorganizations, workforce reductions and restructuring; corporate transactions; investigations, audits and claims with governmental agencies; immigration and nationality services and training and education. The firm has provided defense and counsel to numerous clients nationwide as well as participating in webcasts on the Government’s OSHA agenda, particularly as they involve the petrochemical industry. In a recent work highlight, after Novartis was required to pay $250m in punitive damages for discriminating against thousands of female sales representatives over pay, promotion and pregnancy, pharmaceutical companies have turned to the firm for advice in this arena. The firm has a wealth of experience at its fingertips. Joseph Costello is the practice leader of the labor and employment counseling group. Sarah Bouchard is a full-service counseling partner and counsels clients on whistleblower claims and Sarbanes Oxley. Bouchard has also represented clients in federal and state DOL audits and negotiated favorable settlements of violations. Howard Radzely was the former Deputy Secretary of Labor. During his final two years at the agency, he was chief operating officer for the DOL and was responsible for all policies that emanated from the DOL as well as relations with Capitol Hill. Before joining the firm in 2009, Jonathan Snare was the acting assistant secretary for the Occupational Safety and Health Administration and also served as deputy assistant secretary for OSHA and senior advisor to the Solicitor of Labor. Carol Freeman provides advice to employers concerning personnel policies, wage and hour laws, EEO compliance, leaves of absences, hiring and firing issues, covenants not to compete, trade secrets, and RIFs. Nina Stillman counsels employers nationwide on cross-border workplace issues and counsels international clients on US employment and workplace safety and health law. Robert Smith is also a highly experienced practitioner. In November 2009, global chair of the firm’s labor and employment practice Mark Dichter, who ‘has so much experience and practical wisdom’, relocated to London, but regularly works out of Philadelphia.

Litigation

Within Securities: shareholder litigation, tier 5

The ‘very responsive’ securities litigation team at Morgan Lewis is ‘very knowledgeable in both the procedural and substantive areas of the law’, has ‘superior class action acumen’ and is praised for its ‘good brief writing’. Among the partners, Mark Sonnenfeld and Joseph Faye are ‘very knowledgeable, good strategists, with good powers of persuasion’. A major highlight has been the firm’s representation of Hewlett-Packard in seven derivative actions arising out of the separation from former CEO Mark Hurd. The firm also helped CardioNet dismiss securities fraud claims made against it and certain senior executives. In early 2010, the firm also boosted its California team by recruiting the experienced securities litigators Robert Gooding and Scott Garner from Howrey LLP.

Within Supreme Court and appellate, Morgan Lewis is a third tier firm,

Morgan Lewis’ appellate group is jointly headed by the highly regarded Houston-based partners Ted Cruz and Allyson Ho, and Thomas Peterson in San Francisco. The firm has had a good run in the US Supreme Court recently, and is representing Groupe SEB in Global Tech v SEB, a major IP case concerning the standards of intent required for inducement to infringe a patent. The firm also represented USA Funds in USA Funds v Espinosa, a case addressing the circumstances in which student loans may be discharged in bankruptcy. One of the most prominent cases was the pro bono case of Thompson v Connick, et al, the concluding installment of litigation that had spanned two decades and been made into a movie. This matter concerned John Thompson, for whom the firm had won numerous stays of execution and the dismissal of a robbery conviction that had been used by prosecutors in a murder case that landed him on death row. Following a full acquittal, the firm achieved a $14m damages judgment for the client against the Orleans Parish District Attorney’s Office. Gordon Cooney and Michael Banks led the case.

Within White-collar criminal defense , tier 7

Jointly headed by Eric Sitarchuk and John Hermann out of Philadelphia and San Francisco respectively, Morgan Lewis’ bi-coastal 24-partner team provides practical trial experience across the waterfront of core white-collar issues including FCPA violations and whistleblower litigation. Praised for its ‘tremendous credibility before the regulators’, a high proportion of the team are former high-ranking prosecutors and afford the firm a unique perspective in the way the government run the cases. In keeping with the Obama administration’s heightened scrutiny within the healthcare area, the team has picked up a raft of mandates from the spectrum of clients in the field. Recent work in this area has included representing a number of pharmaceutical companies in investigations and litigation into their marketing practices, including AstraZeneca in litigation alleging that it had improperly promoted the drug Seroquel for “off-label” purposes and misrepresented the drug’s safety and efficacy. New York-based Leslie Caldwell’s broad-ranging practice has seen her involved in a raft of FCPA inquiries, including successfully concluding one such investigation for a company involving payments in China. While corporate mandates account for the vast majority of the firm’s workload, it does intermittently pick up work for high-ranking individuals as demonstrated by its recent work on behalf of a former Bear Stearns executive at a hearing of the Financial Crisis Inquiry Commission. While the group prides itself on the all-embracing expertise of its practitioners, certain partners have unique specialisms, including former chief of the IRS criminal investigation division Mark Matthews, who excels at handling criminal tax defense matters.

Media, technology and telecoms

Within Technology: outsourcing, Morgan Lewis is a second tier firm,

Morgan Lewis’ outsourcing team is led by Barbara Melby in Philadelphia, who is highly recommended for her ‘in depth knowledge of the outsourcing landscape for both IT and BPO transactions’. The team handled more than 35 major outsourcing deals in 2010, and is commended for its ‘exceptionally high-quality work and terrific work ethic’. Work focused on efficiency strategies, renegotiating existing arrangements and negotiating joint ventures for clients across the financial services, manufacturing, pharmaceutical and retail sectors. The group’s market-leading attorneys are recognized for their broad experience and excellent connections with providers and consultants. With ten offices globally, the group has developed a prominent international practice. Michael Pillion led a team representing leading global energy player BG North America in an IT outsourcing covering multiple IT functions in a five-year, $100m transaction with IBM. The outsourcing, spanning BG’s operations worldwide, included data center services, end-user services, network services, and server services. Melby and recently promoted of counsel Vito Petretti represented health benefits company WellPoint in the renegotiation and scope expansion of an IT outsourcing covering multiple IT functions in a five-year, $1bn transaction with IBM. Other clients include Abbott Laboratories, Del Monte, Eli Lilly, Starwood Hotels and Sunoco. The departure of John Funk to SNR Denton and Edward Hansen to Baker & McKenzie represents a significant blow to the team.

Within Technology: transactions, tier 4

Morgan Lewis’ strong technology transactions and outsourcing group features Rahul Kapoor in Palo Alto, who advised Toyota Motor Corporation in its $50m investment in electric roadster manufacturer Tesla Motors following Tesla’s £226.1m initial public offering. He assisted electronic vehicle networks and infrastructure provider Better Place with a $350m Series B financing in one of the largest-ever clean-tech investments. Other highlights included advising SanDisk Corporation on numerous technology and commercial transactions, notably a seven year patent cross-licensing transaction with Samsung Electronics.

Mergers, acquisitions and buyouts

Within M&A: large deals ($1bn-5bn), Morgan Lewis is a second tier firm,

Fielding an 11-partner M&A team, Morgan Lewis handles million to multibillion-dollar transactions for a diverse, global clientele in virtually every significant regulated and unregulated industry, with recent workloads focusing in strategic deals within the pharmaceuticals, life sciences and energy sectors, as well as the return of public M&A deals. The ‘seasoned team is hardworking and efficient, with excellent knowledge of industry. Plus it knows how to get deals closed’. Other clients appreciate ‘business-minded lawyers who are practical and efficient. It does not overstaff, and has associates who are mature and who are good project managers, which facilitates high-quality and efficient service delivery’. Key transactions included representing Interactive Data Corporation in its sale to private equity firms Silver Lake and Warburg Pincus for $3.4bn and assisting BP in the $1.9bn cash sale of its oil and gas exploration, production, and transportation business in Colombia to a consortium of Ecopetrol, Colombia’s national oil company, and Talisman Energy of Canada, the deal marking the largest acquisition ever by Ecopetrol. The ‘particularly strong’ Philadelphia-based Richard Aldridge led the team representing Safeguard Scientifics in connection with the sale of its partner company Clarient, a company which provides molecular-diagnostics technologies such as markers, that provide precise information about a patient’s cancer. Aldridge ‘has great business sense and excellent legal judgment. He is able to cut through the details and get to the key issues’. New York-based Steven Navarro headed the advice to Aterian Investment Partners in relation to Artek Aterian Holding Company’s acquisition of Chemtura Corporation’s PVC additives business.

Within Private equity buyouts, tier 4

Another middle-market-giant, Morgan Lewis is ‘excellent on all levels’, ‘very knowledgeable’, ‘not afraid to stray from cookie cutter deal structures’ and ‘cost effective’. Clients also commend the broad resources and expertise within the firm, allowing it to provide a genuine full-service to private equity clients. The firm is also making headway in higher-value deals, notably acting for Apollo Global Management in its $1bn acquisition of CKE Restaurants. In addition, distressed deals account for a handsome portion of the practice. Amongst other notable deals, the firm completed a series of transactions on behalf of cornerstone client Sun Capital Partners including its acquisition of Big 10 Tire Stores out of bankruptcy and its reacquisition of control of Real Mex Restaurants. Key clients include Sun Capital, One Equity, Apollo Management, Gores Group, HIG Capital and Arsenal Capital. The firm covers a range of industry sectors, including life sciences, retail, distribution, manufacturing, technology and financial services. With undoubtable East Coast strength, the firm has a large contingent of private equity specialists in New York, Philadelphia and Boston, while building a presence in San Francisco, Palo Alto and Los Angeles. The firm is strong in Europe and is also experiencing a rise in private equity activity in Asia. New York-based Ira White and Alec Dawson, who is ‘very thoughtful and reliable’, David Gerson and Barbara Shander in Philadelphia, and Pittsburgh’s Ryan Davis have excellent reputations.

Within Venture capital and emerging companies, Morgan Lewis is a third tier firm,

Morgan Lewis has a strong presence on both the West and East Coast, through its key offices of Princeton, Pittsburgh, Philadelphia and Palo Alto. The firm has a particularly fine record in life sciences and energy (including clean technology). It also has a leading funds formation practice. Clients praise the firm’s ‘strong business acumen’, its ‘excellent’ response times, and for being ‘sensitive and adaptable to the needs of the client in a particular situation’. Clients acknowledge the firm’s ability to ‘grasp the key business drivers’ in a given deal and ‘translate that understanding into legal strategies and positions that both advance the client’s interests and contribute to successful transactions’. Firm-wide, it represents more than 800 emerging business and technology clients and has amounted nearly $5bn in venture financings since 2006. Recent highlight deals include advising Alpha and Omega Semiconductor Limited on its IPO, and representing Better Place on a $350m venture financing, one of the largest clean technology investments ever made. Active clients also include CGT Semiconductor, SanDisk, Autonomy, Octagon, Profectus Biosciences, Kleiner Perkins Caufield & Byers, Care Capital and Valeritas. Princeton and Philadelphia partner, and co-manager of the emerging business and technology practice, Steven Cohen is ‘very bright’, ‘agile’ and ‘adept at integrating the client’s business needs into the proper legal framework’. Co-manager of the department and Palo Alto partner Thomas Kellerman is responsible for many of the firm’s most noteworthy recent deals, while Philadelphia’s Stephen Goodman is recommended for emerging technology and life sciences work companies. Pittsburgh-based Eric Kline is also a prominent name.

Tax

Within Employee benefits and executive compensation, Morgan Lewis is a second tier firm,

Morgan Lewis has a ‘top notch compensation and benefits practice with unmatched breadth and depth that can handle a heavy work load’. Clients comment, ‘It is somewhat unique because its benefits team sits as a standalone group providing advice to companies in their day to day operations, and not tangentially related to transactions’. Partners are based in several of the firm’s US offices including, in order of the size of complement, Philadelphia, Pittsburgh, New York and San Francisco. Robert Lichtenstein leads the group from the Philadelphia office, in which Mims Maynard Zabriskie is ‘very intelligent and highly efficient – she and her team give very solid employee benefits advice’, and Steven Spencer in Philadelphia, is ‘a true expert in his field and his deep knowledge of his practice area adds tremendous value’. Amy Pocino Kelly led the work when the team represented Grupo Bimbo on all labor, employment, employee benefits, insurance, and franchise aspects of Grupo Bimbo’s definitive agreement to purchase Sara Lee Corp’s North American fresh bakery business for $959m. In Washington DC, benefits specialist Gregory Needles and ERISA litigator Don Havermann are ‘both are extremely knowledgeable of the law and industry practice – they are extremely responsive to client requests and work effectively and efficiently’. In New York, Craig Bitman, ‘is knowledgeable and responsive; he truly cares about his clients and their success’. Pittsburgh-based Randall Tracht is ‘knowledgeable, reachable, and practical’. Clients include Maersk, DHL, Morgan Stanley, Toyota, Neiman Marcus and Pitney Bowes.

Within Tax controversy, tier 4

Morgan Lewis’ tax controversy group is led by the ‘amazingly effective, a true leader in the discipline’ Miriam Fisher, who is Washington DC-based along with the majority of her 20-strong team. The group provides both federal and SALT support in controversies, and with mixed-practice partners, is strong in administrative appeals work. Gary Wilcox in Washington is a former Deputy Chief Counsel for the IRS. William Colgin in San Francisco is an experienced trial attorney. SALT expert Kimberley Reeder joined the Palo Alto office in March 2010.


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