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Morrison & Foerster LLP

425 MARKET STREET, SAN FRANCISCO CA 94105-2482, USA
Tel:
Work +1 415 268 7000
Fax:
Fax +1 415 268 7522
Email:
Web:
www.mofo.com

Top-tier Firm rankings

Firm Rankings


United States

Real estate
Real estate - ranked: tier 3

Morrison & Foerster LLP

‘Customer service’ is Morrison & Foerster LLP’s ‘calling card’ and the practice is said by one client to be the ‘foremost expert in lender representation for large-scale construction loans’. In one example, the team represented HSBC as administrative agent in the closing and syndication of a $95m condominium construction loan for the Metropolis Project in Downtown Los Angeles. Besides construction loans, the team was also highly active in a range of other financing mandates, including EB-5, mortgage and acquisition financing. In Los Angeles, Tom Fileti advised Sumitomo Mitsui Banking Corporation on a $1.87bn loan secured by a portfolio of hotels and resorts in Hawaii and California; and in New York, Mark Edelstein and Tom McGovern acted for Forest City Ratner in connection with obtaining approximately $100m in EB-5 financing for the renovation of the Nassau Coliseum. Although the practice is best known for its debt work, it has started to increase its share of mandates on the equity side and secured Rouse Properties and Tishman Speyer as new clients; further, New York-based Jeffrey Temple continued to handle a notable volume of office property acquisitions for Unizo. Edelstein and Marc Young co-chair the practice from New York and Los Angeles respectively.

Next generation lawyers

Thomas McGovern - Morrison & Foerster LLP

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United States: Antitrust

Cartel
Cartel - ranked: tier 4

Morrison & Foerster LLP

Morrison & Foerster LLP has a reputation in the cartels arena dating back 30 years and is a go-to for domestic and international clients in DOJ and worldwide investigations, as well as associated civil litigation. Reflective of its high-end practice, recent mandates have spanned areas such as automotive parts, drywall and liquid crystal displays. Jeff Jaeckel and Stephen Smith are co-chairs of the global antitrust practice, which also includes Roxann Henry and Bradley Lui. Stuart Plunkett joined Baker Botts L.L.P., while Sean Gates left to establish Charis Lex P.C..

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Civil litigation/class actions
Civil litigation/class actions - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP’s experience in handling business-critical matters for global clients makes it well placed to advise on DOJ/FTC merger challenges, class actions and MDLs, and private litigation. In 2016, Bradley Lui and Jeff Jaeckel successfully defended Continental Building Products in an MDL concerning price-fixing in the drywall industry. In another highlight, the firm was retained to represent Deere & Co in proceedings brought by the DOJ, which seeks to block the client’s acquisition of Monsanto’s Precision Planting business. Jaeckel and Stephen Smith are co-chairs of the global antitrust practice. Roxann Henry, David Cross and Michael Miller (New York) are among other highly recommended individuals in the group, which recently saw Stuart Plunkett join Baker Botts L.L.P. and Sean Gates leave to establish Charis Lex P.C.. Named lawyers are based in Washington DC except where otherwise noted.

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Merger control
Merger control - ranked: tier 4

Morrison & Foerster LLP

Stephen Smith heads Morrison & Foerster LLP’s Washington DC-based practice, where merger review work spans industries such as hi-tech, transport and telecoms. In a high-profile matter, Jonathan Gowdy, David Meyer, Roxann Henry and David Cross are acting as lead trial counsel to Deere & Co in litigation arising from the client’s proposed acquisition of Monsanto’s Precision Planting equipment business, where the deal has been challenged by the DOJ. In another matter, Jeff Jaeckel and members of the Brussels and Tokyo offices advised Softbank on antitrust issues associated with its £24bn acquisition of ARM Holdings. Michael Miller (New York) and Bradley Lui are other names to note.

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United States: Dispute resolution

Appellate: Supreme Court (federal and state)
Appellate: Supreme Court (federal and state) - ranked: tier 3

Morrison & Foerster LLP

Appellate: courts of appeals - ranked: tier 2

Morrison & Foerster LLP

Deanne Maynard is ‘a tireless advocate with sterling client skills’ and alongside Joseph Palmore heads the team at Morrison & Foerster LLP. Maynard secured an en banc victory for Sotheby’s at the Ninth Circuit, holding the California Resale Royalties Act in violation of the Commerce Clause in regulating art sales outside of California; Maynard argued the case on behalf of the client and co-defendants Christie’s and eBay, and successfully defended against a certiorari petition. Marc Hearron led on the US Supreme Court case in VL v EL, a landmark victory for families with a second-parent adoption that reversed the Alabama Supreme Court’s refusal to recognize an adoption order issued by a Georgia state court. Maynard, Hearron and Palmore achieved a victory for Sandoz in the Federal Circuit appeal determining the scope of the Hatch-Waxman ‘safe harbor’. Other successes included Immersion Corporation v HTC Corporation at the Federal Circuit, determining the guidelines for filing a patent ‘continuation application’, and Gregory Berry v LexisNexis at the Fourth Circuit, confirming the settlement class of approximately 200 million individuals. Michèle Corash and Brian Matsui are recommended.

Leading lawyers

Deanne Maynard - Morrison & Foerster LLP

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Corporate investigations and white-collar criminal defense
Corporate investigations and white-collar criminal defense - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP’s ‘diligent and experienced’ team is led by San Francisco-based Jordan Eth, New York-based Joel Haims and Washington DC-based Demme Doufekias. Doufekias represented an executive at Par Pharmaceuticals in an investigation by the antitrust division into alleged price-fixing in the generic pharmaceuticals industry. Jessie Liu, who joined the Washington DC office from Jenner & Block LLP in April 2016, advised a Fortune 100 defense and aerospace contractor on handling allegations of potential false claims. In May of the same year, Carrie Cohen joined the New York office after serving as Assistant US Attorney for the Southern District of New York. Also in that city are the ‘smart and hardworking’ Carl Loewenson and the ‘highly responsive’ Ronald White. Joshua Hill joined the San Francisco office in February 2017 after leaving Sidley Austin LLP. The firm also handles benchmarking and anti-money laundering investigations and acts for a broad mixture of individuals and companies.

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Financial services: litigation
Financial services: litigation - ranked: tier 5

Morrison & Foerster LLP

Co-headed by David Fioccola and James McGuire from New York and San Francisco respectively, and with the ability to tap into the firm’s strong nationwide cadre of regulatory experts, Morrison & Foerster LLP provides an ‘excellent service’ across the spectrum of consumer finance litigation and regulatory investigations. McGuire has expertise across both federal and state unfair practices statutes and is currently defending First Premier Bank against allegations that it and other credit card issuers violated the California Unfair Competition Law in the marketing and administration of their respective payment protection plans. Mark Ladner and San Francisco-based Michael Agoglia are also recommended.

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Leading trial lawyers

Arturo González - Morrison & Foerster LLP Arturo González in San Francisco successfully defended Los Angeles World Airports in a five-week trial arising from the supply contract for fire trucks. He also defended VMware in a $100m dispute filed by Phoenix Technologies claiming licensing and copyright breaches. As a lead trial counsel to Monster Energy, González defended against allegations of failure to disclose adverse effects of consuming the company’s beverages; the matter is set for trial in April 2017.

Leading trial lawyers

Arturo González - Morrison & Foerster LLP

Rachel Krevans - Morrison & Foerster LLP

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Product liability, mass tort and class action: consumer products (including tobacco)
Product liability, mass tort and class action: consumer products (including tobacco) - ranked: tier 2

Morrison & Foerster LLP

Morrison & Foerster LLP’s ‘excellent’ practice has strong experience representing technology clients in class actions and other product liability litigation. In Los Angeles, Dan Marmalefsky has been defending Monster Beverage in a number of false advertising and unfair competition consumer class actions arising from alleged violations of FDA regulations on certain products. San Diego-based practice head Erin Bosman continued to represent Fitbit in a putative class action in the Northern District of California regarding claims of misrepresentation of the accuracy of Fitbit’s fitness tracker. The team also includes San Francisco-based James Schurz, who often acts for clients before federal and state courts. Other clients include Lumber Liquidators and Gree Electric.

Next generation lawyers

Julie Park - Morrison & Foerster LLP

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Product liability, mass tort and class action: pharmaceuticals and medical devices - defense
Product liability, mass tort and class action: pharmaceuticals and medical devices - defense - ranked: tier 3

Morrison & Foerster LLP

The ‘very strong’ product liability team at Morrison & Foerster LLP has strong experience handling product liability and mass tort cases concerning medical devices. In San Diego, practice head Erin Bosman continues to represent Fresenius in litigation in Florida state court alleging that the drug Heparin was contaminated. Clients recommend New York-based Grant Esposito, who heads the firm’s wider litigation department and is highly experienced in handling cross-border litigation for domestic clients. The team also includes Julie Park in San Diego. James Huston sadly passed away.

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Product liability, mass tort and class action: toxic tort - defense
Product liability, mass tort and class action: toxic tort - defense - ranked: tier 2

Morrison & Foerster LLP

Headed by Erin Bosman in San Diego, Morrison & Foerster LLP’s practice handles class actions and personal injury lawsuits for a broad range of clients. In San Francisco, James Schurz successfully defended Lumber Liquidators in a Proposition 65 trial regarding allegations that the company failed to warn plaintiffs of the formaldehyde in its laminate wood flooring. Los Angeles-based Peter Hsiao obtained summary judgment for BASF and Ricoh Electronics in a joint defense concerning allegations of groundwater contamination in California. The team also includes Michèle Corash in San Francisco.

Leading lawyers

Michèle Corash - Morrison & Foerster LLP

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Securities litigation: defense
Securities litigation: defense - ranked: tier 3

Morrison & Foerster LLP

Clients praise Morrison & Foerster LLP for its ‘subject matter expertise and clear communication with clients’, calling it ‘outstanding in all respects’. The practice has three co-heads in Jordan Eth in San Francisco, Joel Haims in New York and Demme Doufekias in Washington DC. Eth, Haims and Los Angeles-based Dan Marmalefsky successfully represented BlackBerry in multiple securities fraud actions relating to statements about the launch of BlackBerry 10 devices and ensured plaintiffs’ motion to reconsider the claims was dismissed. Judson Lobdell in San Francisco is defending a stock-drop class action for online marketplace Etsy. San Francisco-based Anna Erickson White and Erik Olson in Palo Alto are also recommended. In the Washington DC office, Jessie Liu, who joined from Jenner & Block LLP, defended a Fortune 100 aerospace company against allegations of false claims.

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United States: Finance

Capital markets: debt offerings
Capital markets: debt offerings - advice to issuers - ranked: tier 3

Morrison & Foerster LLP

Capital markets: debt offerings - advice to underwriters - ranked: tier 3

Morrison & Foerster LLP

A ‘true partner to clients’, Morrison & Foerster LLP distinguishes itself through its ‘cutting-edge knowledge’ and ‘strong, partner-led service’. The firm’s relationships with domestic and foreign financial institutions, particularly Canadian banks, has really come to the fore in recent years. In a recent example, New York-based of counsels Jerry Marlatt and Melissa Beck advised National Bank of Canada on a $1.3bn notes offering. Bank of Nova Scotia and RBC are also clients of the firm. New York-based practice head James Tanenbaum ‘instills confidence’; he and Anna Pinedo acted for the underwriters during multiple recent debt offerings by Bank of America, including advising Bank of America Merrill Lynch as the lead underwriter in a $1bn offering of green bonds. In San Francisco, Brandon Parris acted for Boyd Gaming in its $750m offering of senior notes.

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Capital markets: equity offerings
Capital markets: equity offerings - advice to issuers - ranked: tier 3

Morrison & Foerster LLP

Capital markets: equity offerings - advice to underwriters - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP routinely acts for issuers and underwriters, and is strong in the energy, financial institutions, life sciences, technology and telecoms fields. Washington DC-based David Slotkin co-chairs the corporate finance and REIT departments and advised MedEquities Realty Trust on its $240m IPO, while San Diego-based Scott Stanton and Sara Terheggen, who operates from both San Francisco and Palo Alto, acted for Fulgent Genetics in its $43.5m IPO. In New York, global capital markets chair James Tanenbaum and Anna Pinedo assisted the underwriters with Bank of America’s $900m offering of depositary shares. Other clients include Alexandria Real Estate Equities, Education Realty Trust and Farmland Partners.

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Capital markets: global offerings
Capital markets: global offerings - advice to issuers - ranked: tier 3

Morrison & Foerster LLP

Capital markets: global offerings - advice to underwriters - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP has a multi-faceted global offerings team with a strong track record acting for issuers and underwriters, particularly in the debt markets and in areas such as derivatives. The firm has a strong focus on Europe, Israel, Asia, and Canada, where it advises most of the key Canadian banks on their bond issues. Recently, the team assisted LBI (the resolution entity for Icelandic bank Landsbanki) with a €2bn exchange offer as part of its Chapter 15 bankruptcy proceedings. The firm also advised the underwriters on multiple billion-dollar-plus bond offerings by the Bank of Nova Scotia, as well as similar bond offerings by the Toronto-Dominion Bank. James Tanenbaum heads the New York-based team, which also includes Jerry Marlatt, Anna Pinedo and Ze’ev Eiger.

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Financial services regulation
Financial services regulation - ranked: tier 4

Morrison & Foerster LLP

Headed out of Washington DC by Rick Fischer and Obrea Poindexter, and with significant resources across the East and West coasts of the US as well as internationally, Morrison & Foerster LLP’s team is well placed to handle domestic and cross-border regulatory work, and is perhaps best-known for its expertise within the consumer finance space. Poindexter also co-heads the firm’s fintech group and alongside fellow co-head Sean Ruff provides ongoing advice to clients on regulatory and transactional work, including money transmission, payments and licensing issues. On the bank regulatory front, New York’s Barbara Mendelson is a trusted adviser for numerous international banks with US offices and has helped many of these contend with the aspects of Dodd-Frank that impinge upon their businesses - most notably the Volcker Rule and enhanced prudential standards. Los Angeles-based senior counsel Henry Fields has a longstanding reputation for both discrete bank regulatory advice as well as in the context of financial services M&A. Alongside of counsel Ben Chung, Fields recently advised BBCN Bank on its $1bn merger with Wilshire Bank to create the largest Korean American financial institution in the country. With a focus on retail banking, New York’s Joan Warrington has particular expertise in structuring strategic partnerships between financial institutions and non-financial entities, including co-branded consumer and commercial payment relationships, merchant agreements and processing and service agreements, as well as negotiating M&A deals, including interim servicing arrangements. In Washington DC, Leonard Chanin, Oliver Ireland and Donald Lampe are recommended across a broad range of consumer finance regulatory work.

Leading lawyers

Henry Fields - Morrison & Foerster LLP

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Project finance
Project finance: advice to lender - ranked: tier 3

Morrison & Foerster LLP

Project finance: advice to sponsor - ranked: tier 5

Morrison & Foerster LLP

The team at Morrison & Foerster LLP is particularly strong in the renewable space, where it regularly advises investors and project owners. Los Angeles-based practice head Jeffrey Chester advised Hannon Armstrong Sustainable Infrastructure Capital as lessor in the lease financing of a 1,000MW transmission line and sub-station infrastructure for a 230MW wind-powered electrical generating facility in Texas. On the equity investment side, San Francisco-based partners Susan Mac Cormac and Jeffrey Kayes advised EDF Renewable Energy on its $16m purchase of the 500MW Palen project in California from Abengoa Solar; Kayes also acted alongside the New York-based Jonathan Melmed for D.E. Shaw Renewable Investments on the purchase of a Mississippi solar project from Origis Energy, as well as assisting the client with tax equity financing and project financing. On the sponsor side Chester assisted Apex Clean Energy with obtaining a construction loan from BayernLB to finance its $258m Grant Wind project and acted for the same client on a construction loan and mezzanine debt financing to fund its 300MW Kay Wind project in Oklahoma. Project finance specialist Adam Griffin joined the New York office as of counsel from Skadden, Arps, Slate, Meagher & Flom LLP.

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Restructuring (including bankruptcy): corporate
Restructuring (including bankruptcy): corporate - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP continues to attract creditor roles in major bankruptcies, particularly in the energy space. Key names in the practice include Jennifer Marines and Lorenzo Marinuzzi, who have been representing the official committee of unsecured creditors of Peabody Energy and acting as special renewables counsel in the SunEdison bankruptcy. The firm has also represented the official committee of unsecured creditors for Texas Competitive Energy Holdings and certain affiliates in connection with the bankruptcy of parent corporation Energy Future Holdings, and represented the official committee of unsecured creditors of UCI International in relation to UCI’s Chapter 11. Todd Goren and Brett Miller advised the official committee of unsecured creditors of Republic Airways Holdings in connection with settlements between the debtor and each of its codeshare partners. In a debtor-side engagement, the firm represented Maxus Energy and four affiliated debtors in their Chapter 11 cases, a matter that involves over $1.5bn of potential environmental remediation obligations as well as litigation and legacy employee liabilities. Jonathan Levine joined the practice from Andrews Kurth Kenyon LLP and Mark Lightner joins as of counsel from Cleary Gottlieb Steen & Hamilton LLP. Marinuzzi and James Peck lead the practice. All named attorneys are based in New York.

Next generation lawyers

Jennifer Marines - Morrison & Foerster LLP

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Structured finance
Structured finance - ranked: tier 2

Morrison & Foerster LLP

Recommended for its ‘human approach and good client coverage’, the team at Morrison & Foerster LLP provides clients with ‘direct and easy access to partners, who are knowledgeable and helpful’. Headed by James Tanenbaum, the specialized department exhibits strengths in regulatory and transactional matters, spanning the gamut of structured finance work. Anna Pinedo, Jay Baris and Ze’-ev Eiger are assisting Artivest Advisors with the SEC registration of shares in an exchange-traded commodity pool, seeking to invest in futures and foreign currency forward contracts. James Schwartz and Washington DC-based Julian Hammar have advised many of the group’s structured products clients on concerns arising from the Dodd-Frank Act, specifically those issues presented by the Volcker Rule. The team has been especially active for Canadian clients, in which context, the ‘accessible and cooperative’ Jerry Marlatt has assisted The Bank of Nova Scotia, Royal Bank of Canada and Bank of Montreal with a litany of covered bond issuances. Individuals are based in New York, unless otherwise stated.

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United States: Government

Government contracts
Government contracts - ranked: tier 2

Morrison & Foerster LLP

Making an immediate splash in the government contracts space, Morrison & Foerster LLP added most of Jenner & Block LLP’s government contracts practice, including Alex Ward, Jay DeVecchio, David Churchill and government contractor transaction specialist Damien Specht. DeVecchio led the successful defense of L-3 Communications Vertex Aerospace in an FCA qui tam suit concerning alleged over-billing during the performance of a mechanics contract for helicopter maintenance during the Iraq and Afghanistan conflicts. The group had a particularly successful year litigating bid protests on a state level; an example was representing MorphoTrust in a protest against the Oklahoma Office of Management and Enterprise Services concerning the award of a multimillion-dollar contract to a competitor, which was reversed due to evaluation errors. Other recent highlights include conducting internal investigations into pricing and accounting standards of contractors and representing clients in litigation concerning the performance of contracts. Other recommended partners are Bradley Wine, Kevin Mullen and Richard Vacura. Tina Reynolds made partner in January 2017, while Kevin Dwyer left for Northrop Grumman.

Leading lawyers

David Churchill - Morrison & Foerster LLP

Next generation lawyers

Damien Specht - Morrison & Foerster LLP

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United States: Industry focus

Energy regulatory: oil and gas
Energy regulatory: oil and gas - ranked: tier 4

Morrison & Foerster LLP

The team at Morrison & Foerster LLP is particularly well versed in representing its clients in enforcement and contentious regulatory matters alongside investigations, while FERC and CFTC compliance work are other key elements of the practice. Senior of counsel and key contact Robert Fleishman represented Seven Generations Energy in natural gas pipeline proceedings at FERC and advised the client on FERC and CFTC compliance and enforcement matters. Other clients include the State of Alaska and National Energy & Trade. Senior counsel Robert Loeffler is another key contact.

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Energy: renewable/alternative
Energy: renewable/alternative - ranked: tier 2

Morrison & Foerster LLP

Morrison & Foerster LLP’s team is strong in sponsor-side M&A, although it is increasingly capable in project finance. Susan Mac Cormac in San Francisco and Jonathan Melmed in New York head the practice, which also handles regulatory work and litigation; clients include Brookfield Renewable Energy Partners and Apple Energy. In May 2016, of counsel Adam Griffin joined the New York office from Skadden, Arps, Slate, Meagher & Flom LLP; and in February 2016, regulatory expert Todd Edmister joined as of counsel from the California Public Utilities Commission.

Leading lawyers

Jonathan Melmed - Morrison & Foerster LLP

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Environment: litigation
Environment: litigation - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP’s expertise includes natural resources and endangered species-related matters, land use litigation, Superfund site issues and class actions. Washington DC-based Deanne Maynard, represented Lummi Nation in its Ninth Circuit appeal of a district court ruling restricting the client’s fishing grounds. The firm also acted for Eastern Municipal Water District, successfully securing a dismissal of a CWA citizen suit brought by California River Watch, which alleged sewer overflows and discharged pollutants beyond legally permissible levels. In San Francisco, Michèle Corash is the former general counsel of the EPA, and William Tarantino is noted for his expertise in consumer protection law. Tarantino recently acted for Lumber Liquidators in over 130 class action cases across 28 states - $50bn bet-the-company litigation concerning excessive carcinogen levels in the client’s flooring product. In Los Angeles, Peter Hsiao heads the green products and chemistry team, advising on natural resources, toxic tort and land use disputes. Other clients include Seagate Technology, Consolidated Edison Development and the State of Utah. Since publication, former practice head Christopher Carr has moved to Baker Botts L.L.P..

Leading lawyers

Michèle Corash - Morrison & Foerster LLP

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Environment: regulatory
Environment: regulatory - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP’s regulatory group has significant compliance and enforcement expertise, and also advises on due diligence, natural resources matters, consumer products law and various emerging environmental issues. William Tarantino and James Schurz currently represent Lumber Liquidators in various matters; these include three state’s attorney investigations, a California Air Resources Board enforcement action, and a US Consumer Product Safety Commission investigation regarding excessive levels of formaldehyde in the client’s floorboard product. Lummi Nation, Consolidated Edison Development and Eastern Municipal Water District are also key clients. Since publication, former practice head Christopher Carr has moved to Baker Botts L.L.P..

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Transport: aviation and air travel
Transport: aviation and air travel - ranked: tier 2

Morrison & Foerster LLP

The aviation group at Morrison & Foerster LLP is primarily involved in product liability and litigation following aircraft disasters, and also has extensive experience handling various regulatory issues related to airport operation and construction. San Diego-based William O’Connor, who jointly heads the team, represented Honeywell International in multiple wrongful death suits concerning a Learjet 25 accident in Mexico in which seven people perished; he also acted for the aerospace company in an investigation following the crash of Asiana Airlines Flight 214. Additionally, the group was involved in a multitude of UAS-related work in 2016. In one particularly prominent matter, Washington DC-based department co-head Kathryn Thomson, who joined the firm from the DOT, acts as regulatory counsel for Facebook in relation to its Aquila Drone Program, seeking aircraft certification in the US and globally.

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United States: Intellectual property

Copyright
Copyright - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP’s team is best known for contentious copyright matters in the technology sector. Highlights included helping Autodesk to stop ZWCad Software from selling a cloned version of the client’s AutoCAD software and acting for VMware in a software copyright and breach of license dispute with Phoenix Technologies. The team also successfully represented the internet service providers Verizon Communications, Cox Communications and Bright House Networks in a dispute with AF Holdings regarding the downloading of copyrighted adult material by their customers; a matter in which disciplinary state bar proceedings are underway against the opposing party’s lead counsel. Michael Jacobs in San Francisco and Benjamin Fox in Los Angeles are recommended.

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Patent litigation: full coverage
Patent litigation: full coverage - ranked: tier 2

Morrison & Foerster LLP

Morrison & Foerster LLP provides ‘a great, highly efficient service’ and recently expanded its offering with the additions of Mark Whitaker and Greg Chopskie in Washington DC, and life sciences expert David Manspeizer in New York. Washington DC-based Deanne Maynard co-chairs the appellate and Supreme Court practice and recently secured a major victory for Sandoz in a high-profile dispute concerning the interpretation of the Biologics Price Competition and Innovation Act (BPCIA), which was enacted as part of the Affordable Care Act. Maynard also obtained a second appellate win for NuVasive in its long-running dispute with Warsaw Orthopedic, thus vacating a $101m verdict brought against the client. In San Francisco, Michael Jacobs and Richard Hung successfully prevented Chinese company ZWCad Software from marketing a cloned version of Autodesk’s ‘AutoCAD’ computer-aided design software. Harold McElhinny retired from the practice in 2016.

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Patent litigation: international trade commission
Patent litigation: international trade commission - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP’s ITC practitioner Brian Busey represented Honda and Fujitsu Ten and their affiliates as respondents in an ITC matter involving graphics and display system technologies for automobiles. In another illustration of its solid expertise, the team successfully settled an ITC patent investigation for respondent BlackBerry, which was initiated by Creative Technology and related to displaying music tracks on portable media players. Lynn Levine, Daniel Muino and the recently hired Mark Whitaker, who joined from Baker Botts L.L.P. in 2016, are also key names to note.

Leading lawyers

Brian Busey - Morrison & Foerster LLP

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Patent: prosecution (including reexamination and post-grant proceedings)
Patent: prosecution (including reexamination and post-grant proceedings) - ranked: tier 2

Morrison & Foerster LLP

Morrison & Foerster LLP is immersed in the technology, consumer products and life sciences sectors. The group obtained a string of IPR successes before the PTAB over the past year, including securing two IPR victories for Genentech against Phigenix regarding the use of Kadcylal; securing a victory for Hulu, which found a video streaming patent asserted by Intertainer against Hulu to be invalid; and representing Dyson in a case with LG in which both parties asserted vacuum patents against each other. Palo Alto-based Catherine Polizzi and San Francisco’s Jie Zhou are key names to note in the life sciences field and count a number of multinational pharmaceutical giants amongst their clients, including Sanofi and Medivation. Northern Virginia-based Jonathan Bockman has experience in a wide variety of technology areas and is assisting Novadaq Technologies with its global patent strategy and in IPR matters. Michael Ward heads the patent practice from the San Francisco office, which also houses the electronics, software and telecoms patent group head Peter Yim. IPR and post-grant group co-head Mehran Arjomand is based in Los Angeles.

Leading lawyers

Michael Ward - Morrison & Foerster LLP

Peter Yim - Morrison & Foerster LLP

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Patents: licensing
Patents: licensing - ranked: tier 1

Morrison & Foerster LLP

Morrison & Foerster LLP’s diverse practice handles a broad spectrum of licensing matters, ranging from cross-licensing of patents between multinational electronics companies, to the negotiation of settlements with individual inventors, to bilateral negotiations over a single patent. A team led by Shannon Reaney assisted Gilead with the IP due diligence aspects of its $2bn licensing deal with, and investment in, Belgian biotech company Galapagos, to develop filgotinib for the treatment of rheumatoid arthritis. The highly regarded life sciences specialist Catherine Polizzi is acting for Genentech in the development of multibillion-dollar patent portfolios for a number of blockbuster cancer drugs, and assisted on its collaboration with BioNTech to develop, manufacture and commercialize cancer vaccines. On the contentious side, first-chair trial lawyer Bryan Wilson represented licensee Immersion Corporation in patent license arbitration proceedings against Samsung regarding the right to distribute products following the expiring of the license. San Francisco-based Michael Ward heads the patent practice and is well regarded for his expertise in the agricultural biotech space. Named attorneys are based in Palo Alto except where otherwise noted.

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Trade secrets (litigation and non-contentious matters)
Trade secrets (litigation and non-contentious matters) - ranked: tier 2

Morrison & Foerster LLP

Bryan Wilson and Eric Tate are key contacts in Morrison & Foerster LLP’s ‘knowledgeable and strategic’ team. Kenneth Kuwayti acted for Nevro in various trade secret and contractual disputes arising from employee mobility, with several claims pertaining to alleged data theft and non-compete breaches. Michael Jacobs advised Autodesk on preventing ZWCad Software from merchandising a cloned version of computer-aided design software AutoCAD and represented Nucap Industries in an alleged data theft and trade secret misappropriation claim against three Bosch entities. Mark Zebrowski is managing a trade secret action for Obalon Therapeutics against a former employee and his new employer. Litigator Mark Whitaker joined from Baker Botts L.L.P.. Harold McElhinny retired. Named attorneys are based in Palo Alto, San Francisco, San Diego and Washington DC.

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Trademarks: litigation
Trademarks: litigation - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP’s practice ‘has the depth and breadth to handle complex trademark cases’ and acts for clients from a broad variety of industries. The team has particular expertise in trademark dilution and reverse confusion cases as well as in matters regarding third-party liability on the internet. Highlights included the representation of Restoration Hardware in a trademark infringement suit against Houzz regarding the appearance of third-party products in search results on the defendant’s marketplace website, and assisting One World Foods with the protection of its Stubb’s BBQ sauce brand by filing a trademark infringement suit against Stubb’s Austin Restaurant. The team also handled several contentious matters for Ubiquiti Networks, including a recent trademark dispute with AstroNova. Jennifer Lee Taylor in San Francisco and Benjamin Fox in Los Angeles are recommended.

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United States: Investment fund formation and management

Mutual/registered funds
Mutual/registered funds - ranked: tier 4

Morrison & Foerster LLP

Morrison & Foerster LLP advises a number of ETF sponsors and trustees on regulatory matters. Jay Baris’ clients include the independent trustees of ProShares and KraneShares Trust, the latter of which he advises alongside Denver-based of counsel Kelley Howes. Other clients include Aberdeen Investment Funds and ALPS Holdings.

Leading lawyers

Jay Baris - Morrison & Foerster LLP

Next generation lawyers

Kelley Howes - Morrison & Foerster LLP

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Private equity funds
Private equity funds - ranked: tier 5

Morrison & Foerster LLP

Morrison & Foerster LLP is ‘excellent to work with’ and particularly stands out for venture capital matters. Zeeshan Ahmedani in the Los Angeles office, a new hire from White & Case LLP, advises on significant technology sector fund formations, while in Palo Alto, Chip Lion and Stephanie Thomas (who is ‘hugely valued by clients for her technical and commercial input’) advised Longitude Capital on a $525m fund investing in start-up and established biotech and medical businesses. Outside of the venture capital space, Ken Muller in San Francisco and David Slotkin in Washington DC advised GLP on forming a $5bn fund to purchase a logistics portfolio. Sara Terheggen joined the San Francisco office from Skadden, Arps, Slate, Meagher & Flom LLP.

Next generation lawyers

Sara Terheggen - Morrison & Foerster LLP

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United States: Labor and employment

Employee benefits and executive compensation (transactions)
Employee benefits and executive compensation (transactions) - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP advises private equity clients on corporate governance and compensation issues in M&A transactions. Recent work includes assisting DaVita with its acquisition of Renal Ventures, and advising Brookfield on its purchase of substantially all of the assets of Holtwood - an entity owned by Talen. The practice is led from San Francisco by Paul Borden, who advised IMT on the formation of a $630m private equity fund, while New York-based Domnick Bozzetti worked on cross-border transactions such as Futamura’s acquisition of Innovia’s cellophane business.

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United States: M&A/corporate and commercial

M&A: large deals ($1bn+)
M&A: large deals ($1bn+) - ranked: tier 4

Morrison & Foerster LLP

Morrison & Foerster LLP has made huge progress in M&A in recent years, building on its already impressive market share of major TMT deals. The firm is noted for deals involving a strong intellectual property component and is commended for its ‘responsive, timely and practical’ advice and ‘creative solutions’. Aside from TMT, the firm has an excellent record in life sciences and healthcare, as well as cross-border deals with Japan, and it has a burgeoning practice in energy thanks in part to the presence of Jonathan Melmed in New York, who is especially active in private equity-related deals. Other growth areas include board-level engagements and work with investment banks. San Francisco-based Robert Townsend has a strong reputation and led the team that advised Henry Nicholas, the co-founder and former CEO of Broadcom, on Broadcom’s $37bn acquisition of Avago Technologies. He also headed the group advising VMware on Dell’s $67bn acquisition of VMware’s parent company, EMC. In addition, the firm advised Japan’s SoftBank on the US aspects of its $31.4bn acquisition of UK-based ARM and represented Ducera Securities as financial adviser to Monsanto regarding Monsanto’s $66bn sale to Bayer. Furthermore, it advised the independent members of the board of directors of Polycom on the company’s $2bn merger with Siris Capital Group. Other key partners include the ‘very responsive and practical’ Eric McCrath in San Francisco; New York-based Spencer Klein, who is a leader in life sciences and healthcare; and TMT and government industry-related M&A specialist Lawrence Yanowitch in Northern Virginia. Washington DC-based David Slotkin is noted for real estate M&A.

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Private equity buyouts
Private equity buyouts - ranked: tier 5

Morrison & Foerster LLP

Morrison & Foerster LLP has made significant progress in private equity through its New York office and expanding teams in San Francisco and Palo Alto. The national private equity team has an especially strong record in energy and technology deals through clients such as Blackstone Energy Partners, Brookfield Renewable Energy Partners, First Reserve, OMERS Private Equity and Starwood Energy. In 2016, it advised Brookfield Renewable Energy Partners on its $860m acquisition of Holtwood from Talen Energy. New York’s Jonathan Melmed is recommended for energy deals.

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Venture capital and emerging companies
Venture capital and emerging companies - ranked: tier 2

Morrison & Foerster LLP

Morrison & Foerster LLP’s practice provides ‘outstanding depth of expertise, appropriateness of advice and solid value for money’. The team is co-led by San Diego-based Steve Rowles, San Francisco-based Murray Indick and McLean-based Greg Giammittorio. Thomas Knox and Daniel Kahan in McLean ‘are exceptional; they understand clients’ businesses well and provide practical, timely advice’. John Harper is ‘very strong on transactional structures that optimize tax positions’. Palo Alto-based Timothy Harris assisted Zoox, a robotic vehicle developer, with its $200m Series A preferred stock financing, led by Draper Fisher Jurvetson, Lux Ventures and several other domestic and international venture capital firms. The team recently advised Virtru, a leading provider of email and file encryption services, on its $29m Series A financing, led by Bessemer Venture Partners, with participation by New Enterprise Associates, Soros Fund Management, Quadrant Capital Advisors, and Blue Delta Capital. It also assisted dermatology-focused biopharmaceutical company Menlo Therapeutics (formerly Tigercat Pharma) with its $45m Series B financing.

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United States: Media, technology and telecoms

Advertising and marketing
Advertising and marketing - ranked: tier 2

Morrison & Foerster LLP

Morrison & Foerster LLP’s eight-partner advertising litigation group is strong on the West Coast, with Tiffany Cheung leading the firm’s consumer class actions practice from San Francisco. Cheung stands out for her TCPA expertise and has recently represented LexisNexis, Kmart, Sears Holdings and 24 Hour Fitness in TCPA litigation. Other highlights included David McDowell in Los Angeles representing FanDuel in several multi-district class actions relating to false advertising and misuse of confidential information, and acting for Gap in a lawsuit in which it is alleged that Banana Republic engaged in a bait-and-switch advertising scheme. Julie O’Neill, who made partner in 2017 and is based in Washington DC, is the key name for regulatory issues; she is representing a children’s educational software company in an FTC investigation and is advising a global logistics company on the use of consumer information in marketing. Other clients include Monster Energy, Del Monte and Twinings. Rebekah Kaufman retired.

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Cyber law (including data protection and privacy)
Cyber law (including data protection and privacy) - ranked: tier 1

Morrison & Foerster LLP

Data protection and data breach response - ranked: tier 1

Morrison & Foerster LLP

Morrison & Foerster LLP provides ‘industry-leading advice from a deep and talented team of lawyers’. Miriam Wugmeister is ‘clearly operating at the top of her profession; distinguished by her passion, ability to relate to clients, and practical business-minded advice’. New York-based Wugmeister heads the team alongside San Diego-based Andrew Serwin and both are preeminent in the field, handling complex and sensitive US and international privacy matters on behalf of multinational organizations. Recent highlights include representing a children’s educational software company in an investigation by the FTC alleging the company had made a COPPA violation; advising one of the largest global pharmaceutical companies on a number of global data protection and privacy projects; and assisting a global payments technology company with data protection issues arising from its geographic expansion and new product offerings. Washington DC-based Julie O’Neill was promoted to the partnership in January 2017.

Leading lawyers

Andrew Serwin - Morrison & Foerster LLP

Miriam Wugmeister - Morrison & Foerster LLP

Next generation lawyers

Julie O’Neill - Morrison & Foerster LLP

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Outsourcing
Outsourcing - ranked: tier 2

Morrison & Foerster LLP

Morrison & Foerster LLP’s practice is known for its expertise in outsourcing transactions involving cloud computing, multi-source and service integrator models, big data analytics and robotic process automation. Washington DC-based Christopher Ford heads the team, which includes Internet of Things (IoT) expert Vivian Hanson and John Delaney, who is an expert in advising on MSAs; both are located in New York. Work highlights included advising NNIT, a Danish IT services provider, on its outsourcing agreements with big pharma and biotech giants, advising Kaiser on its renegotiation of the disaster recovery portion of Kaiser’s $500m outsourcing arrangement with IBM, and assisting a shipping company with numerous IT-related transactions, including its renegotiation of a data center deal to support its global logistics system.

Leading lawyers

Christopher Ford - Morrison & Foerster LLP

John Delaney - Morrison & Foerster LLP

Vivian Hanson - Morrison & Foerster LLP

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Technology: transactions
Technology: transactions - ranked: tier 1

Morrison & Foerster LLP

Morrison & Foerster LLP’s ‘service is terrific. The firm is client-oriented, incredibly responsive, cost-sensitive and practical, and brings a business-minded focus to bear on all matters’. The practice is highly rated for advising global corporate clients on significant technology deals, as well as its assistance with cloud computing, social media, big data, IoT and fintech. The team advised Red Hat on negotiating a new relationship with long-time rival Microsoft, through which the two companies will collaborate on cloud computing. Other key clients include Warner Music Group, PricewaterhouseCoopers, Kaiser and Netlist. San Francisco-based technology transactions chairs are Aaron Rubin and managing partner Tessa Schwartz. Rubin is ‘responsive and knowledgeable’ and Schwartz is ‘invested in clients’ success, sensitive to the issues faced by in-house counsel and provides tremendous all-around support’. William Schwartz, Paul Jahn and Rufus Pichler are also highly rated. Jahn advised ON Semiconductor on its acquisition of Fairchild Semiconductor and Pichler assisted a consortium of Chinese investors, Uphill Investment, with IP issues surrounding its acquisition of Integrated Silicon Solution, known for high-performance integrated circuits. New York-based John Delaney and Vivian Hanson and Palo Alto’s Stephanie Sharron are also key names.

Leading lawyers

John Delaney - Morrison & Foerster LLP

William Schwartz - Morrison & Foerster LLP

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United States: Real estate

Land use/zoning
Land use/zoning - ranked: tier 2

Morrison & Foerster LLP

Morrison & Foerster LLP’s land use group is best known for its work in the Bay Area. The group works on a variety of projects, from solar power and infrastructure to more conventional real estate developments. A highlight was representing Sand Hill Property Company regarding the $3bn development of a dilapidated shopping mall in Cupertino, involving office, residential and retail units; David Gold and Miles Imwalle led the advice. Global tech and energy companies are also part of the client roster, including the likes of Panoche Valley Solar, Genentech and Gilead Sciences. Corinne Quigley and Megan Jennings (both of counsel) are also recommended. Since publication, former practice head Christopher Carr has moved to Baker Botts L.L.P..

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Real estate investment trusts (REITs)
Real estate investment trusts (REITs) - ranked: tier 3

Morrison & Foerster LLP

At Morrison & Foerster LLP, David Slotkin and Justin Salon lead a REIT practice consisting of 34 lawyers. The Washington DC-based team focuses on M&A and capital market transactions as well as equity and debt offerings. MedEquities Realty Trust received advice from Slotkin regarding its IPO - one of the few to happen in 2016. Together with Lauren Bellerjeau, Salon represented Farmland Partners in the acquisition of all outstanding common stock from American Farmland Company as well as the purchase of farmland, followed by the issuance of Class A units of limited partnership interest. Other clients include Armada Hoffler Properties, Education Realty Trust and GLP.

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United States: Tax

Financial products
Financial products - ranked: tier 2

Morrison & Foerster LLP

Morrison & Foerster LLP’s financial products practice mainly acts for leading banks in relation to tax structuring, stock offerings, development of new products and tax investigations. Tax co-chair Thomas Humphreys in New York and Remmelt Reigersman in San Francisco advised Bank of America on a series of exchange agreements as well as over 100 debt issuances over the course of a year. They also supported Bank of Montreal in the development of new platforms for the issuance of structured products, and advised RBC Capital Markets on the US tax aspects of its issuances of a variety of structured notes, including equity-linked, commodity-linked and ETF-linked products. Associate David Goett is developing a specialism in the area and works with several banks on the tax aspects of a variety of capital markets transactions. In March 2017, Michelle Jewett moved to Stroock & Stroock & Lavan LLP.

Leading lawyers

Thomas Humphreys - Morrison & Foerster LLP

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International tax
International tax - ranked: tier 4

Morrison & Foerster LLP

Morrison & Foerster LLP’s international tax practice provides ‘exceptional dedication and expertise while managing client resources, and budgets well’. Bernie Pistillo (San Francisco), David Strong (Denver) and Joy MacIntyre (San Francisco) are advising longstanding client SoftBank on its internal restructuring, while San Diego-based Shane Shelley supported Global Logistic Properties (GLP) in its acquisition of a $4.55bn logistics portfolio from Industrial Income Trust, and later advised GLP on the injection of the portfolio into its fund management platform as well as the establishment of GLP US Income Partners II. Pistillo also advised VMware on the $67bn acquisition of its parent company EMC Corporation by Dell. The ‘knowledgeable’ Linda Arnsbarger in Washington DC is recommended. Michelle Jewett moved to Stroock & Stroock & Lavan LLP.

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US taxes: contentious
US taxes: contentious - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP’s ‘outstanding’, dedicated SALT practice is based out of New York and California, but has a nationwide reach. New York-based Mitchell Newmark and Craig Fields (a ‘very accomplished litigator’) led Lorillard Licensing Company in the New Jersey Supreme Court, which upheld the Appellate Division’s decision that New Jersey may not apply dual nexus standards for throwout purposes. Netflix, Agilent Technologies and Astoria Financial Corporation are also clients. New York-based Hollis Hyans and San Francisco-based Andres Vallejo are also recommended. The firm’s federal tax practice handles cases before the IRS, the Tax Court, the Federal Claims Court, and other federal trial and appellate courts, where of counsel Edward Froelich in Washington DC is recommended. In New York, senior counsel Paul Frankel is also singled out for praise. Gregory Roberts joined Reed Smith LLP in 2017.

Leading lawyers

Paul Frankel - Morrison & Foerster LLP

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US taxes: non-contentious
US taxes: non-contentious - ranked: tier 3

Morrison & Foerster LLP

Morrison & Foerster LLP’s tax group, which regularly acts for local and international clientele on structuring and implementing taxable and tax-free acquisitions and disposals, is rated for its ‘solid expertise in developing and implementing comprehensive and innovative solutions’. Bernie Pistillo led the advice to Boyd Gaming on the $900m sale of a 50% interest in Marina District Development Holding Company. Pistillo is also advising VMware on Dell’s $67bn acquisition of the client’s parent company EMC Corporation, and acted alongside David Strong and Joy MacIntyre for SoftBank on tax issues related to its internal restructuring as well as on various cross-border sales and purchases. Strong jointly heads the practice with Craig Fields and Thomas Humphreys. Remmelt Reigersman is also noted.

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