The Legal 500

Within Capital markets: debt offerings, Morrison & Foerster LLP is a third tier firm,

Morrison & Foerster LLP’s securities team is ‘responsive, well informed, and willing to help analyse issues and develop solutions’. Fielding a team of ‘trusted legal advisors’, the firm has experience in the technology, life sciences, and real estate arenas. Advising both issuers and underwriters, the practice is well known for its work for longstanding client Bank of America, and in 2010 it assisted the bank in over 100 debt offerings. It also represented the underwriters in the bank’s recent $1.5bn senior notes offering. James Tanenbaum and Anna Pinedo in New York are ‘stellar capital markets attorneys’, and provide ‘seamless service and solutions’. Clients rate their ‘genuine personalities’ that ‘soothe any concern and thoughtfully vet any challenge’. Acting for the underwriters, the team represented Merrill Lynch, Pierce, Fenner & Smith, Merrill Lynch International and Morgan Stanley in the $75bn Rule 3(a)(2) and Rule 144A/Reg. S program update of senior and subordinated bank notes for Bank of America. Indicative of the firm’s expertise in the technology sector, the group represented Kratos Defense & Security Solutions in a $225m Rule 144A/Reg. S offering of 10% senior secured notes, and also assisted Mantech International Corporation with a $200m Rule 144A/Reg. S 7.5% senior notes offering. The team also represented Alexandria Real Estate Equities in $454m exchange offer of common stock, and Southwest Gas Corporation in a $125m registered offering and shelf takedown of senior notes. New York-based Thomas Humphreys offers ‘expert counsel’ for tax-related capital markets work, and Robert Mattson in San Francisco has ‘lots of technical knowledge and experience’.

Within Capital markets: equity offerings, Morrison & Foerster LLP is a third tier firm,

‘Highly skilled and with technical knowledge of the SEC rules’, Morrison & Foerster LLP has a strong presence in the market, and the team has ‘practical experience on how to get the deal done’. Its industry-specific knowledge and ‘broad team with relevant expertise’ attracts clients including REITs and energy companies. The firm advised CBL & Associates Properties in two depositary shares offerings of $124m and $112.5m in 2010, and also assisted UDR Incorporated with a $374m common stock offering. Highlights on the issuer side included advising TCC International Holdings in a $296m two-for-one rights offering to repay a debt financing, and representing Trelawney Mining and Exploration in its $15m Reg. D and Reg. S private placement of common shares. James Tanenbaum has ‘superb judgment’, and Anna Pinedo in New York is ‘one of the most creative and technically skilled lawyers’. Both Tanenbaum and Pinedo are praised for their ‘legal and financial markets knowledge and responsiveness’. On the underwriter side, the team represented Macquarie (USA) in C&D Technologies’ $127m exchange offer, and again as underwriter in the $34.8m registered direct common stock offering of Far East Energy Corporation. It also advised Barclays Capital and Oppenheimer & Co in the $28.7m common stock offering by SmartHeat. The team provides ‘very prompt responses’ and offers ‘flexible pricing arrangements’. In the firm’s San Francisco office, senior partner Bruce Mann is recommended, and Brandon Parris has ‘technical knowledge and experience’.

Within Capital markets: global offerings, Morrison & Foerster LLP is a third tier firm,

Morrison & Foerster LLP is singled out for its ‘multi-disciplinary approach and expertise’, as well as for ‘spotting unique opportunities’. The team handles a substantial volume of work for key client Bank of America Merrill Lynch, recently assisting the bank in international debt offerings in Asia, Australia and Canada. The firm has an excellent track record for work in Asia, and the US team can call upon resources across the region in Shanghai, Beijing, Hong Kong and Tokyo. Highlights included advising HSBC Holding and CCB International as underwriters of the $133m IPO of Ruinian International, listed on the Hong Kong Stock Exchange, a transaction led by Palo Alto-based Christopher Forrester. On the debt side, Lloyd Harmetz in New York represented Merrill Lynch International as underwriter of the JPY¥100bn MTN program update and Reg. S offering of Merrill Lynch Japan Finance. Harmetz and Anna Pinedo also advised new client RBC Capital Markets as underwriter of Royal Bank of Canada’s structured notes offerings in 2010.

Within Corporate restructuring, tier 5

Recently bolstered by the addition of Anthony Princi from Paul, Hastings, Janofsky & Walker LLP, Morrison & Foerster LLP’s New York-based restructuring team continues to go from strength-to-strength. Now numbering 22 partners in New York and ten on the West Coast, the team provides ‘creative, astute, constructive and proactive advice’ to a broad array of stakeholders including corporates, banks and hedge funds. ‘Both knowledgeable on the law as well as being able to apply that in a business setting’, the firm overlays industry specific expertise with substantive law prowess. Following on from committee representations in the US Airways and North West Airlines bankruptcies, led by ‘safe pair of hands’ Brett Miller and the ‘outstanding’ Lorenzo Marinuzzi, the team is acting for the official committee of unsecured creditors in the Mesa Air Chapter 11. Another area of particular expertise for the group is handling insolvencies within the real estate sector where the team is able to provide a multi-disciplinary team that includes restructuring, corporate and tax lawyers. An example of this approach was recently illustrated in the firm’s representation of Eurohypo, as administrative agent and one of multiple lenders in the restructuring of loans to General Growth Properties. Leveraging off its ‘world-class tech expertise’, the team is also able to add value to clients such as the official committee of unsecured creditors in the Hawaiian Telecom Chapter 11. Benefiting from a wide international footprint, particularly in Europe and Asia, the team also receives plaudits for its ability to handle cross-border mandates. This is underscored by its continued involvement in issues arising out of the fall-out from the Icelandic bank crisis. Jointly headed by the ‘very responsive, commercial and accessible’ Gary Lee and Larren Nashelsky, the team acts for an impressive roster of clients including Landsbanki Islands, Tricom, JPMorgan, Wachovia and Boyd Gaming.

Within Financial services: regulatory, tier 4

Equally spread across its New York, Washington DC and Los Angeles offices, Morrison & Foerster LLP’s ‘outstanding’ ten-partner practice provides ‘exceptional’ advice across the gamut of regulatory concerns affecting the industry and successfully melds regulatory expertise with a strong subject matter knowledge applicable to the matter at hand. The firm’s geographical diversity is matched by the variety of work it handles within the financial services sector, from advising on financial institution M&A to compliance with the myriad legislative changes that have impacted on the industry. ‘Particularly strong on the consumer finance side’, the firm has a long and distinguished history of acting for payment card issuers which can be traced back to the 1960’s when it was involved in the Master Charge interchange bank card program. The firm’s continued reputation in the area is underscored by its current role as Washington DC legislative and regulatory counsel to Visa. As well as advising several large banks on the regulatory implications of the recent enactment of the Consumer Finance Act, the practice has handled a raft of work for the PNC Financial Services Group including in connection with its agreements with Visa. By no means limited to work in the consumer finance space, the firm has handled some high-profile mandates in the wider banking community including advising Mitsubishi UFJ Financial Group and Mitsubishi UFJ Securities on the financial regulatory matters pertaining to the $5bn convergence of their Japanese securities with those of Morgan Stanley Japan. Led out of Los Angeles by Henry Fields, the mandate highlights the team’s ability to handle complex cross-border mandates, utilising as it did lawyers in the firm’s Tokyo office. Co-headed out of Washington DC by Oliver Ireland and Rick Fischer, the team includes recent recruit from Alston & Bird LLP, Dwight Smith, and the ‘responsive and knowledgeable’ Joseph Gabai, who is ‘one of the best and brightest in the mortgage banking area’. Clients include Bank of America, Bank of Montreal, BNY Mellon, JPMorgan and Chinatrust Commercial Bank.

Within Project finance, tier 4

Morrison & Foerster LLP delivers ‘high-quality advice’ that is ‘very useful and always timely’, and has a ‘deep understanding of industry and financing matters’. The team of seven partners is headed in the US by the recommended Frederick Jenney, who is based in Washington DC. The team has strength in representing public agencies, with the Department of Energy being a notable and recurring client. The team acts for both lenders and sponsors, but with a focus towards the former. It advised the Department of Energy on providing over $1.4bn in loan guarantees to subsidiaries of BrightSource Energy for three projects at a 400MW concentrated solar thermal power complex in the Mojave Desert. In an unusual transaction, it also represented the Overseas Private Investment Corporation (OPIC) on its project financing of a $100m luxury hotel in Baghdad, which will be operated by Rotana, a large hotel operator in the Middle East; the development is part of the US government’s efforts to develop the infrastructure and facilities in the city and as such entailed a range of sensitive issues be addressed. CH Energy instructed the team on the acquisition and financing of a 20MW wind farm in Glenmore, Wisconsin; the client plans to invest approximately $50m in the project, which will sell power under a 20-year agreement with Wisconsin Public Service Corporation for the electric output of its eight turbines, to be supplied by Nordex. The firm also advised new client Acciona Energia on the financing of a 250.5MW wind farm in Mexico, involving $375m debt financing by a syndicate of multilateral and state lending institutions led by IFC and IDB; the development, in the State of Oaxaca, is the largest wind facility in Latin America. Jana Mansour in New York is an ‘outstanding professional, with a brilliant legal mind’, and demonstrates ‘extraordinary dedication and has great negotiation skills’, ‘always keeping a complete view of the deal without missing any detail’. Also recommended by clients are Nicholas Spiliotes in Washington DC and Jill Holtz Feldman in San Francisco.

Within Structured finance , Morrison & Foerster LLP is a third tier firm,

Morrison & Foerster LLP provides ‘very high levels of service – response times are minimal even when lawyers are out of the office’ and clients ‘would recommend it to anyone in the derivatives world’. The New York office, which works closely with London, offers deep expertise in structured debt and credit products, and a long established derivatives practice. Unusually, the firm has recently committed extra resources to securitization; Jerry Marlatt leads the work on securitization transactions and regulation and includes covered bonds within his remit. The firm recently represented DEPFA BANK in the establishment of a $20bn commercial paper program for Kells Funding which utilized reverse repurchase agreements to finance the assets of a bad bank restructuring; the program is supported by an indirect guarantee by the Federal Republic of Germany. Recommended lawyers include David Kaufman and Anna Pinedo, who are ‘top notch: well informed, practical and smart, able to get things done and very responsive’, and Lloyd Harmetz who ‘seems to know everything’. Senior of counsel Ken Kohler in Los Angeles has long experience of the complexities of securitization. Active clients of the practice include Merrill Lynch Canada, Barclays Capital, Citigroup Global Markets, BNP Paribas, Credit Suisse and Deutsche Bank.

Within Energy: litigation, Morrison & Foerster LLP is a third tier firm,

Morrison & Foerster LLP’s energy team is split between Washington DC and California and ‘performs excellently’. It advises clients on a range of energy issues including nuclear, pipelines, LNG and renewable energy including wind, biomass and on California’s solar initiative. Highlights included representing the State of Alaska in all of its oil pipeline matters before FERC. Notably, it is litigating the level of rates that the TAPS charges shippers of oil; the firm is currently defending a previous victory, which produced lower rates and shipper refunds, on appeal. Clients also include Verizon Wireless and Constellation NewEnergy. Washington DC-based Robert Loeffler, Walnut Creek-based Peter Hanschen and Gordon Erspamer in San Francisco lead the team. Washington DC-based of counsel Blake Nelson has FERC experience including litigation involving rate design and other regulatory issues, and is particularly knowledgeable in the nuclear energy space.

Within Environment: litigation, Morrison & Foerster LLP is a third tier firm,

‘West Coast powerhouse’, Morrison & Foerster LLP is ‘excellent in all aspects’. Clients say that although ‘the firm isn’t cheap, if the stakes are high then it is always worth it’. It is highly regarded for its expertise in Proposition 65 matters and also has strength in endangered species, cleantech and water law. The firm currently represents Metropolitan Water District, which is the largest provider of treated drinking water in the US, in litigation over Biological Opinions restricting water exports from the Bay Delta because of their alleged impacts on delta smelt, salmon, and other fish listed under the ESA. In County Water District v Sabic et al, which involves the former having filed a civil action against 24 major corporations alleging that historical releases of solvents and perchlorate have created a plume contaminating the regional groundwater, the firm is defending Ricoh Electronics and is part of the leadership of the joint defense group in responding to these allegations. Clients also include American Meat Institute, Mattel Grocery and Manufacturers Association and its major members, including Coca-Cola, Del Monte, Dole and Nestlé. San Francisco-based co-heads Robert Falk and Christopher Carr are recommended. Michèle Corash is ‘one of the best environmental lawyers in the nation; especially for Proposition 65 matters’ and Los Angeles-based Peter Hsiao is regarded for hazardous waste and cleanup cases.

Within Environment: transaction and regulatory, tier 4

Morrison & Foerster LLP’s ‘strong’ California-based practice is ‘excellent in regulatory matters’, and is currently representing the Associated General Contractors of America (AGC) in petitioning the California Air Resources Board to extend the deadlines for compliance with new regulations requiring construction contractors to replace or retrofit their equipment. Its work for AGC has uncovered significant errors in the regulator’s emissions estimates and caused the agency to rethink its approach to the regulation. Other work included advising New United Motor Manufacturing on the environmental issues associated with the closure of its automobile manufacturing plant in Fremont, California, which included environmental remediation issues and strategic plans for the reuse of the property, and negotiations with Tesla Motors on its acquisition of the plant. On the transactional side, the team advised NUMMI on the environmental issues associated with the closure of its automobile manufacturing plant in Fremont, California, including on the environmental remediation issues and strategic plans for the reuse of the property, and negotiated with Tesla Motors on its acquisition of the plant. Robert Falk and Christopher Carr head the team from the San Francisco branch, which also includes Michael Steel. The firm has environmental partners in its Walnut Creek, Los Angeles and San Diego offices.

Within Healthcare and life sciences, Morrison & Foerster LLP is a third tier firm,

Morrison & Foerster LLP is recommended specifically for its corporate and finance services to life sciences clients, but is not a major force in the healthcare service provider or health plan space. Its litigation capabilities primarily focus on IP and product liability – both of which are core competencies for the firm. Michael Braun in New York and Mika Mayer in Palo Alto led advice to Astellas Pharma Inc on its $4bn offer for OSI Pharmaceuticals, notable as being the first successful unsolicited tender offer by a Japanese company for a target in the US. Among other work, it acted for McKesson Corporation on renewing its $1.1bn securitization facility. Stephen Thau heads the practice, which recruited life sciences corporate lawyer Michael O’Donnell from Wilson Sonsini Goodrich & Rosati in February 2011. Both attorneys are based in Palo Alto.

Within Copyright, tier 4

Morrison & Foerster LLP’s copyright practice represents leading software and technology companies in disputes and non-contentious issues, and also has experience advising traditional media and entertainment clients such as the National Music Publishers Association (NMPA). Based in San Francisco, Michael Jacobs acts for leading emerging technology names such as Yahoo! and Apple. Highlights included acting on the high-profile Vernor v Autodesk case, which reached a Ninth Circuit appeal hearing in favor of the client, overturning a previous decision which ruled that Vernor did not infringe Autodesk’s products by selling used copies on eBay. The appeal decision is significant for its impact on the rights consumers have in purchasing digital content. Jacobs also represented Novell in its long-running dispute with SCO regarding ownership of the UNIX computer operating system, with the most recent hearing affirming that the client owned the copyrights. The practice also successfully defended internet service provider PCCW Global against an infringement filing by a photographer regarding copyrighted images of celebrities on certain websites. The New York team lost Jacqueline Charlesworth to Pryor Cashman LLP.

Within Patent licensing and transactional , Morrison & Foerster LLP is a first tier firm,

Headquartered in San Francisco, Morrison & Foerster LLP’s experienced licensing practice goes hand in hand with its technology practice. The team covers a broad spectrum of licensing matters, from comprehensive cross-licenses of hundreds or thousands of patents between multinational electronics companies, to negotiation of settlements with individual inventors. It is experienced in a range of industries and technologies, including biotechnology, chemicals, entertainment and financial services. Electronics and information technology expert Paul Jahn heads the group from San Francisco and recently advised Intel (on entering into a joint venture with General Electric for home health products) and ContentGuard (on the licensing of its digital rights management patent portfolio). Jahn also assists Emulex, Hitachi, Sharp, DreamWorks Animation and the University of California. Also in San Francisco is William Schwartz, who concentrates on areas such as computer technologies, semiconductors and communications equipment. In New York, co-head of the sourcing practice Vivian Hanson comes recommended. Other clients include Yahoo!, Warner Music Group, Sega of America, Time Warner Cable and Sharp.

Within Patent litigation: full coverage, Morrison & Foerster LLP is a third tier firm,

Combining deep IP knowledge and litigation expertise, Morrison & Foerster LLP is valued for its international focus in IP litigation. A strong presence in San Francisco, the practice is well balanced between life sciences and hi-tech sectors, Life Technologies, Kyocera Wireless and Sandoz calling on the expertise of attorneys Michael Jacobs and David Doyle. Recent highlights include successfully defending Bayer Healthcare against a patent infringement claim brought by Abbott Laboratories. The team is also active in ITC proceedings for leading hi-tech names such as Sharp, Nikon and Toshiba. Brian Busey is highly experienced in Section 337 investigations, and 2010 saw the firm hire hi-tech expert Patricia Martone from Ropes & Gray LLP, who joins the New York team. Brian Matsui is ‘an appeal expert who knows how to turn a lower court decision around’.

Within Patent litigation: International Trade Commission, tier 4

Drawing on its ‘breadth of IP knowledge and litigation expertise’, Morrison & Foerster LLP particularly stands out for its focus on international-based clients. A strong Japanese client base has kept the practice busy; it recently advised Nikon, Funai and Hoshino on matters including investigations relating to LCD technology patent infringements. It represented Sharp against Samsung in two ITC decisions that ruled in favor of the former on seven of eight disputed patents, in a high-profile battle between the two major competitors. Alexander Hadjis is acting on Thomson Licensing (a subsidiary of France-based Technicolor)’s multi-patent suit against LCD manufacturers Chimei Innolux, Qisda and other respondents. A widely recognized figure on Section 337 cases, Brian Busey is ‘the ITC expert’, while Hadjis has notable expertise in matters involving semiconductor technology.

Within Patent prosecution: utility and design patents , tier 4

Morrison & Foerster LLP’s ‘excellent’ prosecution practice is headed out of San Francisco by life sciences expert Michael Ward, who also co-chairs the IP practice. The IP team is based across four other US offices and focuses on the entire spectrum of life sciences and a wide range of technologies, including biotechnology, pharmaceuticals and medical devices. The 34-partner practice is adept at handling complex matters for a wide range of companies. Clients speak very highly of the firm, which has ‘exceptionally high response times’ and ‘great business-industry knowledge’, and provides ‘exceptional value for money’. Ward is an ‘excellent person to work with and get input from. He responds quickly, gets things done when he says he will, and is always reachable’. Other recommended partners include Tessa Schwartz, for her ‘great client empathy’ and ‘tremendous business-perspective understanding’, and Christopher Eide in Palo Alto. Genentech, DreamWorks Animation SKG, Orbit Baby, Toshiba, Yamaha and Sharp are major clients.

Within Trademarks: litigation, Morrison & Foerster LLP is a third tier firm,

Morrison & Foerster LLP’s core group is based in San Francisco, led by Douglas Hendricks, who provides commercial litigation experience, and Jennifer Lee Taylor, who is active across IP litigation and counseling. The team has broad litigation experience before the USPTO and at trial and appellate level. It serves clients from a diverse range of industries, with previous successful representations for leading companies such as Robert Mondavi Winery, Lucasfilm, Indian Motorcycle International, and medical devices company NuVasive, as well as well-known names in retail services. Its recent focus has been on the medical devices, pharmaceuticals and hi-tech (particularly internet-based) sectors, representing both plaintiffs and defendants, including trademark fraud and anti-counterfeiting cases, and internet matters involving key word advertising – an area on which a number of recent high-profile trademark cases have focused. Trial and appellate attorney Benjamin Fox and Anthony Press successfully advised Konami Digital Entertainment as plaintiff in a high-profile dispute against Upper Deck, alleging the latter distributed counterfeit copies of its popular Yu-Gi-Oh! trading card game, with the case settled in Konami’s favor. Rosemary Tarlton has particular experience in domain name and anti-cybersquatting disputes. With experience representing software companies, Michael Jacobs represented Autodesk in its trademark infringement case against Solidworks, which considered the issue of whether computer file extensions can be trademark protected; the court held that they are not protectable but a later settlement between the parties agreed that ‘DWG’ was a valid trademark owned by Autodesk. Jacobs also settled on behalf of Yahoo! a trademark infringement suit brought against it by American Airlines regarding online key word advertising.

Within Leading trial lawyers,

James Brosnahan, Morrison & Foerster LLP: Firm senior partner James Brosnahan is one of the most experienced trial lawyers on the US West Coast. With over 50 years of civil and criminal trial work and over 140 cases to have gone to verdict, few can match his expertise. Having written the book ‘The Trial Handbook for California Lawyers’, most of his West Coast rivals have in fact learnt from him. Brosnahan’s career as both a prosecutor and a defense lawyer have served him well, particularly on high profile matters such as the defense of John Walker Lindh, who was accused of terrorism after being caught with the Taliban in Afghanistan. The decade-spanning case ended with Lindh receiving a 20-year sentence, rather than life, and having the terrorism charges dismissed. Other high-profile matters included representing Patricia Dunn, the former chair of Hewlett-Packard, on issues relating to her role in the illegal obtaining of private phone records of journalists and HP board members. Another highlight was successfully defending Maxxam, and its main shareholder Charles Hurwit, against a $1bn fraud claim, where, after a six-day trial, the figure was reduced to a settlement of $4m.

Within Product liability and mass tort defense: aerospace/aviation, Morrison & Foerster LLP is a first tier firm,

Morrison & Foerster LLP’s ‘excellent’ and ‘superior’ practice ‘provides timely and responsive advice and handles cases with professionalism and expertise’. The team is ‘strong across the board’ and is regularly instructed on ‘high-exposure, high-profile aviation product liability litigation’. It has been retained by Honeywell International and its insurer to handle the investigation and potential litigation arising from the Air France 447 crash in June 2009. The firm also continues to act for the same client in litigation concerning the mid-air collision between a Boeing 737-800, operated as Gol Airlines Flight 1907, and an Embraer Legacy 600 operated by ExcelAire Services over the Amazon rainforest in Brazil in September 2006. The practice also represented Goodyear Tire and Rubber Company in six coordinated cases relating to the crash of a Goodyear Learjet in September 2008, all of which cases were settled for a nominal sum to avoid legal expenses. The firm is national coordinating counsel for Cessna Aircraft Company in a series of cases pending in various US jurisdictions arising from icing-related accidents involving Cessna Caravan 208 aircraft. Other key clients include Alaska Airlines, Columbia Helicopters and Allianz Global Corporate & Specialty. Practice co-chair Don Rushing is a hugely respected figure in the market and wins plaudits for ‘always being timely and sensitive to the needs of his clients’. He is ‘not only a top-tier litigator with excellent judgment, but with client management skills that are second to none’. Equally well respected is fellow co-chair James Huston, renowned for his expertise with military aircraft. Also recommended are William O’Connor, who specializes in significant commercial aviation cases, and William Janicki. All four are ‘superior lawyers who are very easy to work with’. New York-based Charles Kerr is well known and respected for advising major manufacturers on product liability issues, and Erin Bosman has a wealth of experience including the Honeywell litigation. All recommended partners are based in San Diego, except where noted otherwise.

Within Product liability and mass tort defense: consumer products (including tobacco), Morrison & Foerster LLP is a second tier firm,

Morrison & Foerster LLP has an ‘outstanding’ product liability practice that is ‘excellent in every area’. The firm’s reputation is such that it is a trusted adviser to a number of major electronics clients and other household names such as Coca-Cola, Mattel, Costco and Target. Recent highlights have focused on issues of consumer fraud and potential liability, rather than cases involving actual harm. For example, it is representing Lucasfilm in a contractual dispute arising from a license agreement canceled due to product liability exposure issues caused by manufacturing defects that tested harmful for children. Other recent highlights include representing Unilever in successfully dismissing two class actions filed in the northern and central districts of California. Plaintiffs alleged that the organization’s advertising of its vegetable oil spread I Can’t Believe It’s Not Butter was misleading and wanted Unilever to refund all revenue. The practice is headed by San Diego-based Don Rushing and Charles Kerr in New York. Also in San Diego, James Huston is highly rated and described as ‘the perfect trial lawyer’. In San Francisco, clients recommend Penny Preovolos and Andrew Muhlbach.

Within Product liability and mass tort defense: pharmaceuticals and medical devices, Morrison & Foerster LLP is a third tier firm,

Morrison & Foerster LLP regularly serves as national trial counsel for major pharmaceuticals companies, and clients say that its ‘excellent’ service is ‘expensive but worth it’. Key recent instructions include acting for APP Pharmaceuticals and Abraxis Bioscience in litigation relating to local anaesthetic products used in pain pumps which allegedly contribute to the development of post-surgical chondrolysis, a degenerative condition of the shoulder. The firm is also representing APP Pharmaceuticals in its heparin litigation and advising it regarding possible claims and issues arising out of Baxter’s recall of similar products. Other clients include Iovate Health Sciences, Novartis, Daiichi and Bayer. Trial practice group chairs James Huston and Erin Bosman in San Diego are highly recommended. In San Francisco, of counsel William Tarantino is ‘an excellent lawyer with great insight and attention to detail’, while Arturo Gonzaléz is ‘great on his feet; and at strategy and the big picture’.

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

Morrison & Foerster LLP’s 13-partner toxic tort practice has considerable strength in toxic torts and has participated in a number of cutting-edge and precedent-setting matters recently. Although it operates on a national basis the practice remains best known for its work on the West Coast and is particularly busy in California. Recent mandates include serving as national coordinating counsel for Cytec in asbestos-containing product cases pending in several states. San Diego-based Don Rushing, one of the ‘stars of the practice’, has long worked with the client on all of its US asbestos-containing product litigation. The team is acting for Ricoh Electronics in a civil action filed against it and other major corporations by the Orange County Water District alleging that the historical release of perchlorate and solvents contaminated regional groundwater. The case, one of the largest of its kind, is anticipated to establish important precedent regarding the ability of a water district to utilize the provisions of a little-known Water District Act. The group has also been retained by Target in relation to allegations that its products contained small amounts of toxins that should be handled as hazardous waste. The California Attorney General’s Office and 30 district attorney and city attorney offices are seeking tens of millions of dollars in civil penalties and injunctive relief. San Francisco-based Robert Falk and Michéle Corash, and Los Angeles-based Peter Hsiao are also recommended. On the East Coast, New York-based Grant Esposito is the leading figure for chemical and asbestos matters.

Within Securities: shareholder litigation, tier 4

Morrison & Foerster LLP’s securities litigation group is considered ‘excellent all round’, and praised for its ‘very good analysis’ and for providing ‘a good outline of its strategy and being open to suggestions and ideas’. Another client adds that it is ‘reasonably priced for a firm of its experience, depth and reputation’. The New York-based co-head Jack Auspitz is ‘a great leader of the team and strategic thinker’, Jamie Levitt is ‘an absolute workhorse and excellent on strategy and execution’, while the ‘excellent’ Joel Haims ‘always has good ideas and is very succinct in getting to the point. His experience is extensive and is very reassuring in the way he goes about dealing with the case. It is easy to have confidence that he is doing the right thing’. One of the largest roles the firm has had is as court-appointed liaison for over 300 issuers and 1,000 individual defendants, as well as directly representing over 35 issuers and 200 individual defendants, in the case In re Initial Public Offering Securities Litigation. This relates to the allegation that prominent securities underwriters and high-tech firms illegally pumped up post-IPO stock prices by requiring initial purchasers to acquire more shares at higher prices after trading commenced. Ultimately, the firm successfully negotiated the issuers’ position both with the plaintiffs and underwriters’ counsel, as well as agreeing with the issuers’ insurance companies that their share of the settlement and the defence costs would come under their D&O policies. The firm also advised 11 of the 13 Countrywide Financial Corporation’s outside directors named in the securities class action and related litigation.

Within Supreme Court and appellate, Morrison & Foerster LLP is a third tier firm,

Morrison & Foerster LLP’s four-partner practice provides an ‘excellent’ level of service, ‘timely advice and an excellent work product’, and is particularly strong on the appellate side. The group is chaired by Deanne Maynard, who joined from the solicitor general’s office in 2009, and also includes Brian Matsui in Washington DC and former appellate judge Miriam Vogel in Los Angeles. Clients also recommend Seth Galanter for being ‘responsive to client questions and top notch in his research and writing skills. Also his oral advocacy is excellent’. Highlights included representing Ralphs Grocery Company in the California Court of Appeal in winning its bid to stop a union from picketing on its private property, a victory for California retailers as a whole. The firm also successfully represented Gap in the Ninth Circuit in a case pertaining to a data security breach involving the theft of two laptop computers from one of Gap’s third-party vendors; the verdict confirmed that companies may not be held liable for inadvertent releases of personal information.

Within Trade secrets, Morrison & Foerster LLP is a second tier firm,

Morrison & Foerster LLP’s noted capabilities in intellectual property, data security and litigation provide the bedrock for the firm’s focused trade secrets practice which is embedded in its offices across the US. The group consistently provides clients such as Advanced Micro-Fabrication Equipment, Booz Allen Hamilton and Hansen Medical with training and documentation to prevent the loss of technical and proprietary information through employee mobility; and regularly wins trials. Co-chair of the group Daniel Westman is also co-chair of the US IP law association trade secrets committee. The experienced team litigated numerous suits in 2010, setting precedents in the areas of cross-border jurisdictional issues (opinion in Applied Materials v Advanced Micro-Fabrication Equipment) and over the question of whether innocent purchasers of software containing trade secrets could be liable for misappropriation (a victory in the $1bn Silvaco v Cypress Semiconductor Corporation). Bryan Wilson is ‘a very smart, thoughtful attorney’, who is ‘courteous and assertive in trial’.

Within White-collar criminal defense , tier 7

Driven out of its New York and California offices, Morrison & Foerster LLP’s team provides an ‘exceptional service’ to corporates and individuals across the waterfront of white-collar offences including FCPA violations, insider-trading offences, Ponzi schemes and a myriad of other matters arising out of the financial crisis. Subsumed within the its wider securities litigation, enforcement and white-criminal defense group, the firm is well-equipped to handle work on behalf of clients on numerous simultaneous fronts including regulatory investigations, grand jury trials and related civil litigation. With a number of former regulators amongst its ranks, the team ‘has an excellent understanding of the securities business as well as the related commercial nuances’, and recently represented six outside directors of a major multinational data company faced with an SEC investigation into various allegations relating to inter-alia, breach of fiduciary duties and securities fraud. Benefiting from a deep international footprint, the firm has developed an impressive reputation at handling cross-border mandates including for work on FCPA matters, where the ‘superb’ Carl Loewenson is co-head of the firm’s task force. Adam Hoffinger ‘has real presence in meetings, is tactically astute and is highly regarded by his peers in other firms and respected by prosecutors’, while Lawrence Gerschwer has ‘good business sense and relationships’ and is regularly involved on behalf of clients in regulatory investigations and enforcement actions.

Within Marketing and advertising, Morrison & Foerster LLP is a second tier firm,

Clients commend Morrison & Foerster LLP’s 20-strong team as ‘outstanding value, highly responsive and knowledgeable’. The California contingent handles false advertising cases on Lanham Act issues and California Business & Professions Code §17200 and §17500 disputes. D Reed Freeman and Julie O’Neill in Washington DC ‘render relevant and cost conscious advice’ on national advertising and FTC matters. Clients appreciate Freeman’s ‘unique expertise’ on internet and behavioral advertising. Freeman and O’Neill counsel clients including Dotomi, Experian Digital Advertising Services, 33 Across and Adchemy on online advertising regulation. William Stern and his team in California handle cases brought by the Surgeon-General in relation to health claims made in advertising. The practice successfully defended Unilever in two long-running class actions filed in the Northern and Central Districts of California regarding Unilever’s advertising of its vegetable oil spreads “I Can’t Believe It’s Not Butter!”, Imperial and Country Crock. The team is representing virgin olive oil importers in class actions pending in California, Florida and Wisconsin claiming that importers market and sell inferior products labeled as “extra virgin” olive oil. David McDowell successfully defended Target against claims regarding sales tax and a proposed class action regarding “Made in the USA” labels Other clients include Netflix, Expedia, LensCrafters, Fujitsu America, Palm and Arbitron. Penny Preovolos in San Francisco is ‘extremely knowledgeable about consumer class action cases, false advertising claims’.

Within Technology: data protection and privacy, Morrison & Foerster LLP is a first tier firm,

Morrison & Foerster LLP’s global cross-disciplinary team of over 60 attorneys advise regulators and high-profile clients on prominent privacy, data protection and data security issues, and undertakes transactional and litigation support. The group’s strength is underpinned by the firm’s international presence and strong technology practice. Attorneys are at home with technological innovation and complex regulation and are recommended for their ‘depth of expertise and fast turn around’. Advice in 2010 focused on data security, social media, cloud computing, and the use of data modeling and algorithms to predict consumer behavior. Regulatory advice concentrated on the healthcare, financial and retail sectors. The fact that the group advises multinational companies and data protection authorities on the privacy implications of emerging technologies, notably the collection and use of consumer data for targeted advertising, is testament to its cutting edge expertise. Former FTC staff D Reed Freeman in Washington DC is recommended as ‘a veritable encyclopedia of marketing-privacy law’. Julie O’Neill focuses on state and federal consumer protection law including the review of online and offline advertising, competitor and regulator challenges, sweepstakes, promotions and direct marketing. The ‘knowledgeable, well-informed’ Andrew Smith and Rick Fischer advise banks, insurers, credit bureaus and other financial services providers on regulatory compliance, law enforcement, litigation and transactional matters. William Stern in San Francisco successfully defended Gap in the first identity theft case to be heard by the US Court of Appeals 9th Circuit. David McDowell in Los Angeles is defending Restoration Hardware in a putative class action alleging that it improperly collected personal information in connection with credit and debit card transactions. Practice chair and ‘top privacy practitioner’ Miriam Wugmeister in New York is respected by peers and clients alike. Recommended as ‘highly efficient and therefore economical in providing complex legal advice across jurisdictions’, the group’s prestigious client list includes Bank of America, Capital One Financial, Lexis-Nexis and Visa.

Within Technology: outsourcing, Morrison & Foerster LLP is a second tier firm,

Morrison & Foerster LLP appointed Washington DC partner Chris Ford as head of its global outsourcing practice. Ford advises clients on joint ventures and telecommunications and licensing transactions, ERP and systems integration. Together with Scott Stevenson, he represented National Railroad Passenger Corporation (Amtrak) in the $420m outsourcing of its information technology platform, which include an infrastructure portion that was awarded to IBM, and a network management portion that was outsourced to AT&T. In New York, John Delaney, who combines outsourcing, data privacy and IP expertise, Vivian Hanson and Gabriel Meister represented Warner Brothers Music in a series of outsourcing transactions. Hanson is recognized for her expertise in complex, large-scale transactions, as well as domestic and cross-border transactions, notably handling outsourcing deals for major clients in Japan. The ‘highly experienced’ Julian Millstein, whose clients include Novartis, is singled out for praise. On the West Coast, Russell Weiss in Los Angeles represented MediConnect Global, which is providing outsourced services to WellPoint in relation to the design, development, and maintenance of an online medical record retrieval system, online workflow management system, and other related functionality. Other key clients include Serco, the State of Georgia and Kaiser Permanente.

Within Technology: transactions, Morrison & Foerster LLP is a first tier firm,

Morrison & Foerster LLP combines IP and technology credentials with a strong international presence. Clients recommend the group’s ‘deep bench of subject matter experts in a variety of areas and sound advice’. With a dedicated technology transactions group comprising some 50 lawyers in seven US offices, it has the bandwidth to handle multiple big-ticket deals. Tessa Schwartz, who also advises on cleantech, and her team represented longstanding client Intel in its $7.7bn acquisition of McAfee and its $160m purchase of Texas Instruments’ cable modem product line. Paul Jahn and Rob Townsend advised Intel on the highly significant $1.4bn acquisition of Infineon Technologies’ Wireless Solutions business. Tessa Schwartz and William Schwartz represented Yahoo! on its $225m sale of recruitment website Yahoo! HotJobs to Monster Worldwide. Practice co-chair Laurie Hane specializes in the internet, semiconductors and telecommunications advice. John Delaney in New York, has an excellent reputation for handling IP, outsourcing and hi-tech matters for clients ranging from ‘Silicon Alley’ start-ups to Fortune 500 companies. Russell Weiss in Los Angeles is also recommended. Other notable practitioners include Julian Millstein in New York, and Christopher Ford and Scott Stevenson in Washington DC. Key clients include Warner Music Group, Sega, Time Warner Cable, Novell, Moody’s and Technicolor.

Within Antitrust, tier 6

Morrison & Foerster LLP has a well-rounded antitrust practice, with ‘strong analysis’, ‘excellent organization’, ‘very practical and timely advice’ and ‘good international coverage’. It has 60 antitrust lawyers across all of its offices, with a particularly strong corporate and antitrust presence in Asia, which often makes it the firm of choice for Japanese clients. Head of litigation Jeffrey Jaeckel, who divides his time between Washington DC and Virginia, recently represented Astellas Pharma before the FTC on its $4bn tender offer for OSI Pharmaceuticals, the second largest US acquisition by a Japanese pharmaceutical firm. The team’s strategy of focusing on emergent industry sectors has seen it develop particular expertise at the intersection of antitrust and intellectual property law. For example, the highly recommended Stephen Smith in Washington DC and Michael Miller in New York defended Allied Security Trust (AST) in litigation brought by Siti-Sites.com alleging that three of AST’s members (for which AST acquires patent licenses) conspired to artificially depress the price of mobile wireless patent licenses. In another case, Sean Gates led a team defending Funai against antitrust claims in a case involving standard setting and intellectual property, alleging that Funai had monopolized the market for digital television technology. A cross-office team in New York and London is representing Cadbury in a case involving more than 70 class and individual actions alleging a conspiracy to fix the price of chocolate products in the US. A team in Washington DC advised Intel on its $1.4bn acquisition of Infineon Technologies’ Wireless Solutions Business.

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

Morrison & Foerster LLP’s ‘overall service is excellent, with its lawyers demonstrating strong business acumen and industry knowledge. The team comprises practical deal makers, who are supported by an excellent antitrust group’. Clients also speak of ‘long and valued relationships with the firm and excellent response times, as well as being assigned a deep and experienced bench of attorneys to their accounts. It is very efficient and cost-conscious, while not compromising value or level of service’. Recent growth involved Hendrik Jordaan joining the Denver corporate group office as partner from Holme Roberts & Owen, where he was global managing partner of its corporate and M&A groups, and Spencer Klein being welcomed to the New York corporate group as partner from O’Melveny & Myers LLP. Klein ‘is a true adviser and has a wealth of experience. He understands the legal intricacies, is always accessible, and is very respected by boards and senior management teams’. William Choe arrived in the Palo Alto corporate group as a partner from the pre-merged Sonnenschein Nath & Rosenthal, now SNR Denton. Leveraging its firm-wide expertise in the technology sector, the firm played a leading role in helping Intel redesign itself through its high-profile, strategically crucial acquisitions of McAfee and Infineon’s Wireless Solutions business, the $7.7bn acquisition of McAfee being the largest in Intel’s 42-year history. The firm has also been growing the East Coast M&A practice and is noted for advising Japanese clients on their M&A transactions. Highlights included representing Astellas Pharma on the first-ever successful unsolicited tender offer by a Japanese company in the US and advising NTT Data Corporation in the first large deal between a Japanese firm and an India-based IT company. Beyond New York, the Washington DC corporate practice came into its own in 2010 against the backdrop of an active regulatory environment, and an ever-increasing focus on corporate governance practices, executive compensation, compliance programs and SEC disclosure considerations, while the Northern Virginia corporate practice continues to be well positioned in government defense and aerospace technology and services. The firm has also become a leading law firm in the region for completing transactions that involve cyber-security companies. New York corporate head Michael Braun, is ‘one of the best business lawyers we have worked with. He really knows our company, what is important to us and is a passionate advocate’. San Diego-based co-global corporate chair Scott Stanton is ‘an all-round rock-solid counsel who applies his legal skills and experience to the business issues at hand'.

Within Venture capital and emerging companies, Morrison & Foerster LLP is a third tier firm,

With a massive presence in California and considerable credibility nationally and internationally, Morrison & Foerster LLP is a key player in the emerging company and venture capital sector. The firm is consistently applauded for its work in the technology and life sciences environments. The firm worked on four of the top five medical device venture financings in the first half of 2010, including the $64m financing of Intuity Medical and the $44.5m financing of TearScience. Clients praise the ‘very valuable and good counsel’, and the ‘very responsive’, ‘timely’ and ‘knowledgeable’ attorneys. The firm provides an ‘excellent service’ thanks to its ‘industry experience’ and ‘business acumen’, which are ‘second to none’. Clients recognise the genuine full-service approach of the practice, delivering ‘first rate’ and ‘top notch’ advice across the firm. In past three years, the firm completed nearly $2bn in venture financings. Lead partners include Jay de Groot in San Diego, Palo Alto-based head of the West Coast team Suzanne Graeser, who is ‘absolutely great’, ‘more than a lawyer’, and ‘very responsive’, Palo Alto’s Stephen Thau, Susan Mac Cormac, who head the life sciences and clean technology departments respectively, and Palo Alto’s Timothy Harris, who is a recognised expert in high-technology. The ‘extremely knowledgeable’, ‘experienced’ and ‘responsive’Charles Katz heads the East Coast team from the Northern Virginia office.

Within Land use/zoning , Morrison & Foerster LLP is a third tier firm,

Morrison & Foerster LLP expanded its land use and environmental practice in 2010 through the recruitment of four new associates, and Christopher Carr was promoted to co-chair the group alongside Robert Falk. The firm’s largest concentration of lawyers is in San Francisco, although it has attorneys in five other offices across California handling land use matters. The firm continues to represent Shorenstein and SKS Investments on the environmental review and planning entitlements for the $1.5bn redevelopment of an outmoded business park in San Francisco Bay.

Within Real estate, Morrison & Foerster LLP is a second tier firm,

‘Among the strongest firms, primarily because of their extensive transactional experience’, Morrison & Foerster LLP fields attorneys on both coasts who work together on deals across the US. The group includes 45 partners and is supported by a busy land use group in California. New York-based Mark Edelstein chairs the real estate finance and distressed real estate practice and co-chairs the firm’s global real estate group with Los Angeles-based Marc Young. Edelstein, Christopher Delson and John McCarthy represented co-agents Bank of America and Bank of New York Mellon on the highly complex, multi-tier structured refinancing of Bank of America’s new headquarters, which involved a $1.3bn Liberty bond commercial construction loan. Edelstein, Brett Miller and Larren Nashelsky are representing Eurohypo AG and a multi-lender steering committee on the restructuring of loans to, and bankruptcy of, General Growth Properties; and represented Wachovia Bank and Wells Fargo on various matters related to the Extended Stay Hotels bankruptcy. The team widely advises JPMorgan Chase, including on the financing and restructuring of its $1.1bn revolving credit and letter of credit facility to Lennar Corporation. Edelstein and Young also represented the client on the restructuring and enforcement of a $635m land acquisition and development loan to a consortium of major public and private homebuilders for a master-planned community in Nevada. Peter Aitelli represented Brookfield Asset Management in the restructuring and foreclosure of a $240m mortgage loan secured by a 42-story “class A” office building in San Francisco. In litigation, Thomas Fileti, Henry Fields and Seth Hufstedler defended MGM Mirage in an action brought by its joint venture partner Dubai World concerning the $8bn CityCenter project in Las Vegas. Other clients include Credit Suisse, RIDA Development and Hines. Philip Levine is ‘smart, humble, quick and precise’ with an ‘unbelievable memory for details and an ability to get to the point quickly’.

Within Domestic tax: West Coast, Morrison & Foerster LLP is a second tier firm,

Morrison & Foerster LLP’s West Coast tax practice group is ‘exemplary on all counts’. The firm is extremely strong in state and local tax representation, as reflected in the tax controversy section, and has also established a respected advisory practice capable of handling the most complex and high-value instructions. Niche expertise has been developed in timber-related REIT taxation and renewable energy tax credits. In recent matters, Robert Cudd, ‘a superb tax lawyer – outstanding’, provided tax counsel to Intel in its largest acquisition to date, the $7.7bn purchase of internet security provider McAfee. Joseph Fletcher represented Topcon Corporation, in its agreement to purchase the glaucoma and retina-related assets of California based OptiMedica Corporation. Senior associate Michelle Jewett ‘is as good as any junior partner’. Lawyers named are all based in San Francisco. Practice clients include Gemini Mobile Technologies, the Clorox Company and Topica Pharmaceuticals.

Within Employee benefits and executive compensation, tier 4

Morrison & Foerster LLP’s EBEC attorneys are ‘very responsive and have a deep understanding of the substantive area’. The West Coast practice of three partners divides between the Palo Alto and San Francisco offices. The practice offering ranges from a major contribution to the multidisciplinary teams on large transactions to bespoke advice on the structuring of new benefit and pensions plans, and representation to government agencies. Michael Frank, who leads the group from Palo Alto, has ‘an extremely broad and deep level of technical knowledge, provides timely and accurate responses, and is easy to work with’. San Francisco-based Paul Borden represented On Semiconductor in the executive compensation and employee benefits aspects of its $366m acquisition of SANYO Semiconductor, and Patrick McCabe, in the same office, led the design work and drafting of a global performance incentive plan for Fujitsu. Active clients of the practice group include Fujitsu, Intel, Del Monte and Adobe Systems.

Within Financial products, Morrison & Foerster LLP is a second tier firm,

Morrison & Foerster LLP’s New York-based financial products tax lawyers provide expert support for the firm’s structured finance group. The group has a reputation for the efficient and effective handling of complex instructions which have recently included restructuring complex structured product transactions, including hedge fund linked structured notes and tax-efficient cross-border hybrid securities. Group chair Thomas Humphreys is ‘a go-to guy with a tremendous background in capital markets, securitization and derivatives’. Shamir Merali is recommended for his expertise in the taxation of derivatives and financial products, and Stephen Feldman for mortgage-backed securities and other securitization transactions. Cliens include DEPFA Bank, BNP Paribas, Royal Bank of Scotland, BMO Capital Markets and Royal Bank of Canada.

Within International, tier 4

Morrison & Foerster LLP has established a healthy presence in Asian markets and West Coast members of the tax department frequently handle cross-border assignments with colleagues in well-established offices in Tokyo, Hong Kong, Shanghai and Beijing. In a 2010 instruction, Joseph Fletcher advised listed ON Semiconductor when it acquired Sanyo Semiconductor in the first-ever acquisition of a major Japanese technology company by a US company. Practice clients include Gemini Mobile Technologies, the Clorox Company and Topica Pharmaceuticals.

Within Tax controversy, Morrison & Foerster LLP is a third tier firm,

Morrison & Foerster LLP fields ‘high-caliber litigators who play the game to win, but who will not engage in dishonest or unscrupulous tactics’. Craig Fields chairs the firm’s leading SALT controversy. Paul H Frankel, ‘an expert in state tax controversy matters in all states’, has won numerous state supreme court cases for clients including Panhandle Eastern (Kansas), GTE (Kentucky), and Nugget Sparks (Nevada). Frankel and San Francisco-based Andres Vallejo, ‘a very good team’, succeeded in overturning the trial court decision for General Mills before the California Court of Appeal in a high-profile case involving the calculation of the sales factor for apportioning interstate income for a company involved in hedging operations. Also recommended for SALT controversy and litigation are San Francisco-based Thomas H Steele, ‘an outstanding attorney in the state and local taxes area’, and in New York, Hollis Hyans, and Gregory Roberts. The firm’s federal controversy expertise is also noteworthy. Edward Froelich, of counsel in Washington DC and a former trial attorney of the Department of Justice Tax Division, represents clients in all aspects of federal tax controversy and senior counsel James Merritt, also in Washington DC, brings vast experience and gravitas to the group. Practice clients include Sprint Nextel, Reynolds Metal and Science Applications International.