The Legal 500

O'Melveny

400 SOUTH HOPE STREET, LOS ANGELES, CA 90017-2899, USA
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Work +1 213 430 6000
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Fax +1 213 430 6407
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Beijing, Brussels, Hong Kong, London, Los Angeles, Los Angeles and 9 more

United States: Antitrust

Cartel
Cartel - ranked: tier 3

O’Melveny & Myers LLP

O’Melveny & Myers LLP fields a team of 15 antitrust partners split between the east and west coasts. Michael Tubach in San Francisco and Richard Parker in Washington DC are the department’s key cartel lawyers. The firm successfully represented LEONI in the criminal investigation and civil class actions related to wire harnesses. In another matter, the team acted for Espar in a criminal investigation and related class action in connection with parking features in commercial vehicles. Trial lawyer Katrina Robson in Washington DC was promoted to partner.

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Civil litigation/class actions
Civil litigation/class actions - ranked: tier 2

O’Melveny & Myers LLP

O’Melveny & Myers LLP’s comprehensive antitrust expertise is illustrated by its recent work for Bumble Bee Foods, which includes Washington DC lawyers Richard Parker, Courtney Dyer and Ted Hassi advising on its $1.5bn acquisition by Thai Union Frozen Products, handling civil litigation relating to a grand jury subpoena and defending over 100 class actions alleging collusion. Another key name in Washington DC is co-head of the antitrust practice group Ian Simmons. The practice’s international work is particularly noteworthy, and highlights included the Washington DC and London offices representing Asiana Airlines in one of the first-ever collective antitrust class actions filed in the UK. Samsung and Marriott International are other recent clients. In addition to its sizeable Washington DC group, the team also includes Andrew Frackman in New York, Kenneth O’Rourke in Los Angeles and Michael Tubach in San Francisco.

Leading lawyers

Richard Parker - O’Melveny & Myers LLP

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United States: Dispute resolution

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

O’Melveny & Myers LLP

Appellate: courts of appeals - ranked: tier 2

O’Melveny & Myers LLP

Practice head Jonathan Hacker at O’Melveny & Myers LLP, along with the highly reputable Walter Dellinger and Deanna Rice, is representing Merrill Lynch in proceedings before the Supreme Court pertaining to allegations of short selling. The team also filed amicus briefs in Obergefell v Hodges and King v Burwell. In July 2015, Hacker and Anton Metlitsky obtained a major victory in the Second Circuit in Balintulo, a case which set the scope of the Alien Tort Statute and held that the actions of a subsidiary of Ford were beyond the statute; this concluded over a decade’s worth of litigation.

Leading lawyers

Walter Dellinger - O’Melveny & Myers LLP

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

O’Melveny & Myers LLP

O’Melveny & Myers LLP provides a ‘practical’ service to financial services entities facing scrutiny within the consumer finance sector. The firm has handled numerous matters for mortgage servicers, including Ditech Financial, for which it recently negotiated the first joint settlement and consent order between a mortgage servicer, the CFPB, and the Federal Trade Commission. The arrival of Pamela Miller from Arnold & Porter LLP in May 2015 strengthens a 50-strong team that includes Brian Boyle, ERISA expert Shannon Barrett and Jonathan Rosenberg, who excels at securities fraud and white-collar matters.

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International trade
International trade - ranked: tier 4

O’Melveny & Myers LLP

At O’Melveny & Myers LLP, practice co-head Theodore Kassinger is ‘very highly regarded’ for CFIUS matters, and also has ‘broad experience in US sanctions law and its application’ - where he is able to bring to bear significant political insight gained through his previous tenure as deputy secretary of the department of commerce. Kassinger is representing Tireco, a US passenger vehicle hire importing company, in domestic trade remedy proceedings. Greta Lichtenbaum, who jointly leads the practice alongside Kassinger, is also recommended.

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Leading trial lawyers
Leading trial lawyers - ranked: tier 2

Daniel Petrocelli - O’Melveny & Myers LLP

Daniel Petrocelli - O’Melveny & Myers LLP: The renowned Daniel Petrocelli litigates in a broad range of areas, but in 2015 he did particularly ‘excellent work in media and trademarks’. For example, he successfully represented 20th Century Fox and Fox Broadcasting in trademark litigation regarding its hit television show Empire. He also successfully defended Disney against allegations by the creators of the television show, Home Improvements, that the company deprived them of profits. Petrocelli is a strong contender for high-profile cases and is currently representing Bank of America in its lawsuit brought by NFL player Dwight Freeney alleging that the bank was complicit in a fraud scheme; the judgment in this case is hotly anticipated.

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Product liability, mass tort and class action: automotive/transport
Product liability, mass tort and class action: automotive/transport - ranked: tier 3

O’Melveny & Myers LLP

Led by co-chairs Richard Goetz in Los Angeles and Steve Brody in Washington DC, O’Melveny & Myers LLP’s team has experience of defending product liability and consumer fraud claims in mass tort proceedings, class actions and government enforcement actions for clients such as Ford. Goetz, Carlos Lazatin and of counsel Michael Reynolds led the team in successfully obtaining a motion to dismiss a complaint brought against Kia alleging a defect in the door latch mechanism of Optima vehicles from 2001 through 2006. Of counsel Brian Anderson in Washington DC is also recommended. All named lawyers are based in Los Angeles, unless noted otherwise.

Leading lawyers

Brian Anderson - O’Melveny & Myers 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 4

O’Melveny & Myers LLP

O’Melveny & Myers LLP’s product liability group, which is jointly headed by Richard Goetz in Los Angeles and Steve Brody in Washington DC, has a strong track record of serving as lead or co-lead national counsel in MDL proceedings concerning allegedly defective products, as well as in defending clients in regulatory investigations and litigation brought by federal agencies. Goetz and Amy Laurendeau, who is based in Newport Beach, defended Johnson & Johnson and Neutrogena against two putative class actions alleging false advertising and misleading information regarding Neutrogena’s sunscreen; the team successfully argued that the claims were pre-empted by the Federal Food, Drug and Cosmetic Act and FDA regulations. Randall Edwards and Carla Christofferson, who are based in San Francisco and Los Angeles respectively, are also recommended.

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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

O’Melveny & Myers LLP

O’Melveny & Myers LLP’s extensive trial experience includes serving as lead or co-lead national counsel in MDLs, as well as litigation brought by federal agencies and state attorneys general. Los Angeles-based Charles Lifland, together with department co-head Steve Brody and Walter Dellinger (both in Washington DC), recently secured two significant victories for Johnson & Johnson in litigation involving the client’s antipsychotic drug Risperdal, having obtained reversal of a $330m jury verdict and $1.4bn award against the defendant in the supreme courts of Louisiana and Arkansas, respectively. Amy Laurendeau in Newport Beach, together with practice co-head Richard Goetz and Houman Ehsan (both in Los Angeles), are currently defending AstraZeneca subsidiary Amylin Pharmaceuticals in a federal MDL alleging personal injury involving its Type-2 diabetes drug Byetta. Other clients include Bristol-Myers Squibb.

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

O’Melveny & Myers LLP

At O’Melveny & Myers LLP, Jonathan Rosenberg in New York took over from Jeffrey Kilduff in Washington DC as head of the securities litigation team, which has a strong track record in representing underwriters in major securities class actions. It is ‘a go-to firm for underwriting syndicates’ and counts Credit Suisse, Morgan Stanley and Goldman Sachs among its clients. It won a major victory for these three banks by convincing plaintiffs to voluntarily dismiss them from a class action in re Groupon, Inc. Securities Litigation. The firm also acts for many issuer clients and is representing Starz Entertainment in a 10b-5 class action filed in California. It is a leading player in litigation against US-listed Chinese companies. Among the recommended partners are Bradley Butwin, Andrew Bednark and Bill Sushon in New York, Michael Walsh in Washington DC, and Seth Aronson and Matthew Close in Los Angeles. Robert Stern recently moved to Orrick, Herrington & Sutcliffe LLP.

Leading lawyers

Jeffrey Kilduff - O’Melveny & Myers LLP

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White-collar criminal defense
White-collar criminal defense - ranked: tier 4

O’Melveny & Myers LLP

Areas of expertise for O’Melveny & Myers LLP include FCPA matters, where Washington DC lawyers Greta Lichtenbaum and Mary Patrice Brown routinely act for financial institutions, healthcare companies and individuals. Recently, it has also represented a global airline manufacturer, conducting training and assisting with internal and grand jury investigations. David Leviss, also in Washington DC, conducted a compliance review of a Chinese veterinary company on behalf of a US investor. Brown and Leviss also worked alongside Lee Blalack in representing clients in congressional investigation matters; in one example, the firm represented a former IRS official being investigated over the tax treatment of not-for-profit organizations. Another aspect of the practice is sanctions compliance. Key lawyers on the West Coast include Steven Olson in Los Angeles and the ‘incredibly gifted’ Daniel Bookin in San Francisco. Olson’s clients include ExxonMobil and a number of financial institutions, while Bookin is especially active in the healthcare sector. New York lawyers Howard Heiss and Mark Racanelli are also recommended.

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United States: Finance

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

O’Melveny & Myers LLP

At O’Melveny & Myers LLP, the capital markets practice is chaired by San Francisco-based Brophy Christensen and New York-based Michael Schiavone. On the debt side, the team picks up a steady stream of underwriter work and over the course of 2015 it acted on sizeable offerings by, among others, American Honda Finance (three offerings totaling $1bn and another of €1.2bn), Toyota Motor Credit (five offerings totaling $5.3bn) and Prologis (one offering of $750m and another of €700m). Schiavone led on the Prologis offerings while Los Angeles-based John-Paul Motley led on the others. Daniel O’Shea in New York and Peter Healy in San Francisco are other names to note; each served as underwriters’ counsel in various deals in 2015. On the issuer side, Motley handled Air Lease Corporation’s $500m public debt offering.

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

O’Melveny & Myers LLP

Capital markets: equity offerings - advice to managers - ranked: tier 4

O’Melveny & Myers LLP

In the San Francisco office, O’Melveny & Myers LLP’s Eric Sibbitt and Kurt Berney acted for the joint book-runners and co-managers, including Morgan Stanley, Citigroup and Allen & Company, in Lending Club’s $1bn IPO, the largest IPO of a California company in 2014. New York-based Daniel O’Shea acted for Goldman Sachs and Deutsche Bank Securities in SolarEdge Technologies’ $145m IPO, and, alongside Michael Schiavone and Washington DC-based Robert Plesnarski, he also advised MHR Find Management in connection with the sale, via an underwritten public offering, of common shares in Lions Gate Entertainment. Schiavone and Brophy Christensen head the group from New York and San Francisco respectively.

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Restructuring (including bankruptcy): corporate
Restructuring (including bankruptcy): corporate - ranked: tier 4

O’Melveny & Myers LLP

O’Melveny & Myers LLP’s group attracts praise for its ‘excellent bench strength’ and ‘willingness to move mountains’ for its clients. The hires of heavyweight New York partners George Davis and John Rapsiardi from Cadwalader, Wickersham & Taft LLP in 2013 added significant East Coast strength to the firm’s established West Coast practice, and has brought with it a remarkable balance of debtor and creditor work. Highlights on the debtor side include its roles in the Chapter 11s of Cal Dive International and Colt Defense. It is representing Apollo Global Management as one of the largest creditors in the Energy Future Holdings Chapter 11, also obtaining roles in two pieces of litigation related to the $40bn bankruptcy. Rapsiardi is ‘a very smart strategic thinker’; Andrew Parlen is ‘very diligent and creative’; Washington DC-based litigator Peter Friedman is ‘the smartest guy in the room with the intellectual horsepower to deal with the most complicated legal issue’; and counsel Daniel Shamah is ‘excellent’. San Francisco-based Suzzanne Uhland chairs the practice with Davis and Rapsiardi.

Leading lawyers

John Rapisardi - O’Melveny & Myers LLP

Peter Friedman - O’Melveny & Myers LLP

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United States: Industry focus

Energy: renewable/alternative
Energy: renewable/alternative - ranked: tier 3

O’Melveny & Myers LLP

O’Melveny & Myers LLP is recognized for its first-rate tax equity practice. Junaid Chida advised Citicorp North America and Berkshire Hathaway Energy on their commitment to acquire equity interests in the Shannon wind power project, developed by Alterra Power and Starwood Energy Group in Texas. Chida and Arthur Hazlitt assisted Goldman Sachs on its acquisition of 100% of the membership interest in the Anderson wind farm in Chaves County, New Mexico, from BayWa’s US affiliate, BayWa r.e. Wind. Gregory Thorpe heads the team from Los Angeles.

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Healthcare: health insurers
Healthcare: health insurers - ranked: tier 3

O’Melveny & Myers LLP

Clients recognize O’Melveny & Myers LLP’s expertise in healthcare law, the regulatory requirements applicable to government contracts, health care litigation, and the interpretation of federal fraud, waste and abuse laws. The service is ‘consistently provided at a high level’ and is ‘thorough’, ‘timely’, ‘responsive’ and ‘solution-oriented’. The firm also delivers ‘effective liaisons with government regulators’ and is ‘well informed of legal precedents’. The firm has a particularly strong record in False Claims Act cases for big clients such as Humana, and is also known for its regulatory knowledge of Medicare Advantage and market investigations. The firm defended Humana in a False Claims Act case and a related investigation by the DOJ and HHS-OIG. David Leviss and Lee Blalack in Washington DC and David Deaton and Stephen Sullivan in Los Angeles are praised by clients.

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Healthcare: life sciences
Healthcare: life sciences - ranked: tier 5

O’Melveny & Myers LLP

O’Melveny & Myers LLP’s excellent reputation is built on its capabilities in big-ticket litigation and in handling cutting-edge deals and licensing partnerships. The firm advised WuXi PharmaTech on its acquisition of XenoBiotic Laboratories, and represented Novartis’ subsidiary, Alcon Laboratories, together with Mitsubishi Chemical Corporation and Senju Pharmaceutical, in ANDA litigation relating to difluprednate ophthalmic emulsion 0.05%, sold under the trademark DUREZOL. On the IP litigation side, Lisa Pensabene represented AstraZeneca in four Hatch-Waxman patent infringement suits against generic pharmaceutical companies, including Sandoz, Mylan, Sagent and Glenmark; and Filko Prugo acted for Genzyme in an inter partes review involving marketed biologic medicines. Transactional partner Scott Elliott joined from Ropes & Gray LLP in September 2015 to co-head the firm’s life sciences practice.

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Insurance: advice to insurers
Insurance: advice to insurers - ranked: tier 2

O’Melveny & Myers LLP

O’Melveny & Myers LLP’s strength lies in insurance disputes, with a ‘premier appellate practice’ supporting the team’s direct coverage work. Areas of expertise include property and casualty work, environmental claims and bankruptcy matters. New York-based Tancred Schiavoni leads the practice and acted for Century in bankruptcy and coverage litigation pertaining to asbestos-related injury claims against Corning. Other clients include Starr Indemnity & Liability Company, which Michael Yoder in Los Angeles is representing in a coverage dispute arising from several molestation claims against Los Angeles Unified School District; and ACE, which the firm assisted in the defense of the client’s insured - the Massachusetts Port Authority - in litigation arising from the 9/11 terrorist attacks, a case led by New York-based Allen Burton. Clients also recommend appellate specialist Jonathan Hacker, who is based in Washington DC, and Los Angeles-based Richard Goetz.

Leading lawyers

Richard Goetz - O’Melveny & Myers LLP

Tancred Schiavoni - O’Melveny & Myers LLP

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United States: Intellectual property

Copyright
Copyright - ranked: tier 4

O’Melveny & Myers LLP

O’Melveny & Myers LLP’s copyright work is most prominent in the entertainment and media sector, but the practice extends beyond that to areas such as retail products and computer software. Work highlights included the successful defense of Warner Bros., New Line Productions and Katja Motion Picture against copyright infringement claims by novelist Tess Gerritsen regarding the movie Gravity, as well as the representation of Sirius XM in appeal proceedings against four separate court decisions concerning copyright infringement claims relating to pre-1972 sound recordings. Matthew Kline in Los Angeles and David Eberhart in San Francisco are recommended. Robert Schwartz went to Irell & Manella LLP in 2015.

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Patent litigation: full coverage
Patent litigation: full coverage - ranked: tier 5

O’Melveny & Myers LLP

O’Melveny & Myers LLP provides ‘outstanding legal services in patent cases’, and the ‘attorneys are knowledgeable, experienced and professional, always considering the context of the immediate problem as well as the bigger picture’. Ryan Yagura provides ‘valuable advice and reasoning’, and recently acted for Samsung along with San Francisco-based George Riley, successfully settling a high-profile dispute with Microsoft concerning patents related to the Android operating system. Mark Samuels also represented TPV Technology before the Federal Circuit, successfully affirming a district court summary judgment concerning its computer monitors and televisions. Darin Snyder and David Eberhart are recommended in San Francisco, and John Kappos is a key figure in Newport Beach.

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Trade secrets
Trade secrets - ranked: tier 2

O’Melveny & Myers LLP

Ryan Yagura chairs the IP and technology practice at O’Melveny & Myers LLP, which includes key figures in the trade secrets space, such as San Francisco-based Darin Synder and David Almeling. A team including Synder achieved a jury victory for plaintiff Triune Systems, a solar energy equipment supplier, in Texas state court proceedings involving more than 70 asserted trade secrets. A team including Mark Miller, also based in San Francisco, represented (24/7) in two disputes with LivePerson in which LivePerson alleged, among other things, that (24/7) misappropriated and infringed LivePerson’s software and proprietary information to create and refine its own competing live-interaction technology. Synder also represented Artifex Software in a motion to dismiss copyright infringement and trade secrets claims filed in the Northern District of California against BigTinCan and related entities. Nicholas Whilt in Los Angeles was made partner, while Ken Nissly departed to an in-house position at SK Hynix. George Riley from the San Francisco office is highly regarded.

Leading lawyers

George Riley - O’Melveny & Myers LLP

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United States: Investment fund formation and management

Private equity funds
Private equity funds - ranked: tier 4

O’Melveny & Myers LLP

The overall level of service is great’ at O’Melveny & Myers LLP, which fields fund management practitioners across its New York, California and Washington DC offices. The team advises its sponsor clients on a wide spectrum of investment strategies, including those focused on growth equity, credit opportunity and buyouts, as well as funds targeted at particular sectors and geographical regions. Its dedicated regulatory group handles the full gamut of regulatory and compliance issues for investment advisers. Other strengths of the practice include secondary market transactions, where the team acts for buyers, sellers and institutional investors. In an illustration of its secondaries expertise, Timothy Clark recently led the advice to Australian superannuation fund SunSuper on its $650m disposal of a number of private equity interests. Recently promoted partner Don Melamed is ‘knowledgeable, responsive and efficient’ and is recommended alongside Kathryn Sanders. The firm’s London office recently hired Eve Ellis from Mishcon de Reya LLP, and also saw the departure of Solomon Wifa, who joined Willkie Farr & Gallagher LLP.

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United States: Labor and employment

ERISA litigation
ERISA litigation - ranked: tier 3

O’Melveny & Myers LLP

O’Melveny & Myers LLP represents 401(k) fiduciaries, as well as plans changing benefits and healthcare providers. Washington DC-based Brian Boyle and Shannon Barrett, along with Catalina Vergara from the firm’s Los Angeles office, are scheduled to represent three Transamerica companies in a class action dispute regarding fees and alleged self-dealing. Other welfare plan work saw Gregory Jacob successfully acting for NCR Corporation in a dispute regarding the substitution of actuarially-equivalent lump sums in favor of plan benefits. In the health field, Jacob and Boyle are representing UnitedHealth in a long-running class action case regarding the client’s methods of recovering overpayments made to healthcare providers. Other clients include Boeing and Fidelity Investments.

Leading lawyers

Brian Boyle - O’Melveny & Myers LLP

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Labor and employment disputes (including collective actions): defense
Labor and employment disputes (including collective actions): defense - ranked: tier 2

O’Melveny & Myers LLP

Recommended for strategic guidance’, O’Melveny & Myers LLP shines in high-profile litigation and handles the full range of issues, including wage and hour class actions, non-compete cases and negative covenant litigation. Silicon Valley’s Eric Amdursky defended Yahoo! and its executive Maria Zhang against sexual harassment allegations made by a former software engineer, who also alleged intentional infliction of emotional distress and wrongful termination. Zhang later filed a cross-complaint and in 2015 both suits were dismissed with the parties reaching a nonmonetary settlement. Los Angeles-based department head Apalla Chopra represented Coldwell Banker against a class action challenge to sales agents being classified as independent contractors rather than employees; Newport Beach’s Adam Karr and New York’s Jeffrey Kohn also worked on the matter and helped Chopra with issuing new independent contractor agreements for Coldwell, which included an arbitration clause and class action waiver that plaintiffs later contested; the court’s validation of agreements reduced the class size and led to a favorable resolution. The ‘very attentive’ team has an enviable client roster, which includes The Walt Disney Company, FedEx and DirecTV. Kohn provides ‘excellent judgment and guidance’ and Mark Robertson is also highly respected.

Leading lawyers

Apalla Chopra - O’Melveny & Myers LLP

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Labor-management relations
Labor-management relations - ranked: tier 3

O’Melveny & Myers LLP

A leader in the airline sector, O’Melveny & Myers LLP has built up a roster of clients that includes United Airlines, Republic Airways, and also Island Air, which is a new client along with Juilliard School and Respawn Entertainment. Robert Siegel, Aparna Joshi and Mark Robertson defended American Airlines against former flight attendants, who brought a putative class action on behalf of thousands of individuals after their travel perks were changed as a result of American’s merger with US Airways. Michael McGuinness and Jeffrey Kohn represented Gate Gourmet in challenging the NLRB’s jurisdiction to hear a matter regarding whether the Service Employees International Union can represent units of cleaning employees in two airports. Chris Hollinger is another strong attorney. Named attorneys are based in Los Angeles, New York, San Francisco and Washington DC.

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United States: M&A/corporate and commercial

M&A: large deals ($1bn+)
M&A: large deals ($1bn+) - ranked: tier 7

O’Melveny & Myers LLP

O’Melveny & Myers LLP is noted for its strength in technology transactions and cross-border deals involving Asia, and continued to handle major deals. It is also recognized for its record in the media, life sciences, industrial and energy sectors. The firm has genuine M&A strength on both coasts, and is widely acclaimed for its expertise in contested transactions. In 2015, it advised Dealertrack Technologies on its $4bn sale to Cox Automotive, and it represented BB&T Corporation in its $1.8bn agreement to acquire National Penn Bancshares. In cross-border deals involving Asia, the firm advised WuXi PharmaTech on its $3.3bn merger with New WuXi Life Science and WuXi Merger, a wholly owned subsidiary of New WuXi. Paul Scrivano is a key member of the team and was part of the advisory team on the Dealertrack and BB&T transactions. Scrivano was named head of the global M&A and private equity practice in December 2015, and splits his time between New York, San Francisco and Silicon Valley. The New York team was bolstered by the arrival of Tobias Knapp from Jenner & Block LLP in 2015. Former chair of the global M&A and private equity practice Steven Tonsfeldt joined Cooley LLP.

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Venture capital and emerging companies
Venture capital and emerging companies - ranked: tier 3

O’Melveny & Myers LLP

O’Melveny & Myers LLP’s practice focuses on early-stage growth companies and their investors, acting for clients involved in, among other things, mobile telecoms and cleantech. Several key lawyers are involved in cross-border deals. Qualified in California, New York and Taiwan, Portia Ku splits her time between the Silicon Valley and Shanghai offices, while Eric Zabinski is based in both the Century City and Beijing offices. Silicon Valley’s David Makarechian, who also regularly works with the firm’s Singapore office, advised Cedexis on its $22m Series B funding round, with Ginko Ventures as lead investor. Kabam, Lightspeed Venture Partners, and Apache Design Solutions are also clients. Silicon Valley’s Warren Lazarow and Paul Sieben are additional key contacts.

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United States: Tax

US taxes: non-contentious
US taxes: non-contentious - ranked: tier 4

O’Melveny & Myers LLP

O’Melveny & Myers LLP’s tax partners on the East Coast focus on tax relating to securities and M&A transactions, with a strong focus on the renewable energy sector. On the West Coast, there is a focus on cross-border M&A, particularly on behalf of clients in the sports, media, private equity and technology industries. The New York team advised Entegra Power Group and several of its subsidiaries on its Chapter 11 filing; Mark Caterini led. Los Angeles-based Luc Moritz was the key attorney advising on tax structuring when the firm represented media company Lionsgate in a co-financing deal with Hunan TV & Broadcast Intermediary Co. Jeff Walbridge chairs the practice.

Leading lawyers

Luc Moritz - O’Melveny & Myers LLP

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    بتاريخ 23/8/2016 أصدر سمو الأمير تميم بن حمد آل ثاني أمير دولة قطر القانون رقم (8) لسنة 2016 بشأن الوسائط البحرية، وقد تضمن القانون المذكور العديد من النقاط الهامة بخصوص تنظيم ضوابط منح رخص قيادة الوسائط البحرية ومعايير واشتراطات إجراء المعاينات والتفتيش على الوسائط البحرية، حيث نص القانون في مادته الثالثة على أنه يشترط لتسجيل الوسيطة البحرية ما يلي: أن تكون مزودة بالأجهزة الملاحية وأجهزة الاتصالات والألوان والأنوار وإشارات الاستغاثة والمعدات والأدوات اللازمة لتحقيق شروط الأمن والسلامة التي صدر بها قرار من الوزير (وزير المواصلات والاتصالات) وأن تجتاز الفحص اللازم لذلك وأن يقدم المالك للإدارة المختصة وثيقة تأمين صادرة من إحدى شركات التأمين الوطنية تتضمن تعويض الغير عما يلحق به من أضرار، كما نصت كذلك ذات المادة على أنه إذا كان مالك الوسيطة غير قطري، فيجب أن تكون إقامته سارية، وقد أتاح القانون الحق لوزير المواصلات والاتصالات بموجب قرار يصدر منه إضافة شروط أخرى لتسجيل الوسيطة البحرية أو الاستثناء من بعض هذه الشروط وذلك بصفة دائمة أو مؤقته، وقد وضع المشرع بموجب هذا القانون كذلك شرطاً إضافياً تمثل في أنه في حالة صنع الوسيطة أو تملكها خارج الدولة فإنه يجوز بعد الاطلاع على المستندات المتعلقة بها، منح المالك أو المستود شهادة تسجيل مؤقت لتمكينه من إدخالها إلى الدولة لمعاينتها. كما تضمنت المادة الرابعة من القانون حظر إنشاء أو إدارة مراكز أو مدارس لتعليم قيادة الوسائط البحرية، إلا بعد الحصول على ترخيص من الإدارة المختصة وهي الوحدة الإدارية المختصة بوزارة المواصلات والاتصالات، وقد أناط القانون بوزير المواصلات والاتصالات سلطة منح تراخيص مراكز ومدارس تعليم قيادة الوسائط البحرية، وأناط به تحديد شروط وضوابط منح هذه التراخيص ومدتها ونظم التعليم والتدريب وحالات سحب تلك الرخص من الأشخاص الذين صرح لهم بالحصول عليها، وقد أشارت المادة التاسعة من القانون بأن يتولى وزير الاتصالات والمواصلات بموجب قرار يصدر منه وذلك بعد التنسيق مع الجهات المختصة، وهي كل جهة ذات اختصاص متصل بالوسائط البحرية قانوناً بحسب الأحوال، الضوابط اللازمة لتسيير المركبة العائمة متضمنة حمولتها وعدد البحارة المصرح لهم بالتواجد على متنها، ووزن الأمتعة المسموح بها، وفقاً لفئة كل منها، وقد تضمنت ذات المادة النص على وجوب التزام مالك أو مستخدم الوسيطة البحرية بالضوابط المشار إليها في الفقرة السابقة، وقد قرر القانون عقوبة قدرها عشرة آلاف ريال على كل من يخالف أحكام المادة التاسعة المشار إليها، وقد تضمن القانون أحكام وضوابط أخرى بشأن تنظيم تسيير الوسائط البحرية واشتراطات الأمن والسلامة وتوفيق أوضاع المالكيين الحاليين للوسائط البحرية وهو ما سوف نتناوله في مقالنا القادم بإذن الله.