The Legal 500

Within Bank lending (including other sources of financing), tier 6

O’Melveny & Myers LLP is ‘extremely responsive, with good partners and extensive experience’ and represents a mix of active private equity clients and portfolio companies. Notable names on the roster include American AgCredit, American Capital, BNP Paribas, Credit Suisse and Beach Point Capital Management. It acted for Bank of America as agent in a $300m term loan facility, with a $100m accordion component, to Remy. Tom Baxter and Joe Kim led a team that acted for Macerich on a $1.5bn revolving credit facility for its operational partnership arranged by Deutsche Bank and JPMorgan Securities. The team also acted for Microsemi in relation to a $275m senior secured term loan facility and a $50m senior secured credit facility for its acquisition of Actel. In Los Angeles, ‘excellent’ borrower-side lawyer Tom Baxter is ‘very responsive and effective’. Other recommended attorneys include Sung Pak in New York, and practice head Eric Reimer, based in New York and Los Angeles.

Within Capital markets: debt offerings , tier 4

O’Melveny & Myers LLP’s capital markets team advises managers and issuers on debt offerings. International Lease Finance Corporation remains a key client; John-Paul Motley and the Hong Kong-based David Johnson recently advised the company on a public offering of $2.25bn senior unsecured notes, consisting of $1bn 5.75% senior notes due 2016 and $1.25bn 6.25% senior notes due 2019. William Kuesel in New York advised NCL Corporation on a $250m senior notes offering, and also represented Seven Seas Cruises in its $225m senior secured notes offering. The firm continues to build on its underwriter experience, and Johnson recently advised Deutsche Bank, UBS, Morgan Stanley, BNP Paribas and Bank of America Merrill Lynch as underwriters of a $2.5bn global notes offering in two tranches by Toyota Motor Credit Corporation. San Francisco-based Brophy Christensen is also singled out for his expertise. However, the firm was hit by several departures in 2011 from the transactional area, and the effect of this remains to be seen.

Within Capital markets: equity offerings , O’Melveny & Myers LLP is a third tier firm,

Advising both issuers and managers, O’Melveny & Myers LLP had an active year for 2011, although the firm lost key partner Gregory Ezring to Paul, Weiss, Rifkind, Wharton & Garrison LLP. Brophy Christensen now leads the practice from the San Francisco office. Highlights included advising Morgan Stanley, Bank of America Merrill Lynch and JPMorgan as underwriters of a $1bn registered public offering of common stock by Avalon Bay Communities, a transaction led by Peter Healy. On the issuer side, Washington DC-based Martin Dunn assisted in advising Lionsgate Entertainment Corporation on a SEC-registered public offering of shares. Sam Zucker in Silicon Valley represented Nektar Therapeutics in a $220.4m common stock offering. Also recommended are Sung Pak and William Kuesel in New York, and Los Angeles-based John-Paul Motley.

Within Capital markets: high-yield debt offerings , tier 4

The team at O’Melveny & Myers LLP advises issuers on high-yield debt offerings, and has growing experience in sectors including real estate and media and entertainment. Key practitioner John-Paul Motley, based in Los Angeles, counts Sun Healthcare Group and its wholly owned subsidiary Sabra Healthcare REIT as clients, and recently advised Sabra in a $225m high-yield debt offering as part of a restructuring process. He also represented LBI Media in a $220m aggregate principal amount issuance of 9.25% senior secured notes due 2019, and International Lease Finance Corporation in a $1bn public offering of 8.25% senior notes due 2020. From New York, Sung Pak and Eric Rothenberg represented Quality Distribution in its $225m offering of 9.875% second-priority senior secured notes. David Johnson recently relocated to Asia as managing partner of the firm’s Hong Kong office, and Gregory Ezring left to join Paul, Weiss, Rifkind, Wharton & Garrison LLP in 2011.

Within Financial services: litigation, tier 4

O’Melveny & Myers LLP’s litigation team is heavily involved in ERISA litigation and complex mortgage cases for lenders (both bank and non-bank), investors and servicers, and is praised for its ‘fair billing practice’ and overall ‘flexibility’. This ‘absolutely terrific’ group has a fruitful relationship with Bank of America Corporation, and frequently advises the client in successor liability claims relating to its acquisition of Countrywide. In 2011, this ‘user-friendly’ team – which includes Jonathan Rosenberg, Matthew Close and Bill Sushon – successfully defended the client in a number of putative class actions in the US District Court for the Central District of California concerning claims involving billions of dollars worth of Countrywide MBS. The team’s representation of the bank also extends to defending it in derivative litigation and investigations by the Arizona and Nevada Attorneys General into Countrywide’s mortgage practices. Jeffrey Kilduff and Robert Stern represented Fannie Mae in consolidated securities class actions in the US District Court for the District of Columbia and the Southern District of New York. In addition to its Manhattan office, the practice’s ‘highly valued Washington bench truly cares about clients’, and its Los Angeles team is ‘absolutely terrific’.

Within Project finance Leading lawyers

Within Energy: renewable/alternative, tier 4

The Los Angeles-based practice at O’Melveny & Myers LLP has recently been busy with renewable power plants, procurement and joint ventures, and related agreements. The team is representing Solar Reserve in the proposed $1bn development of up to four utility-scale solar power projects in New Mexico. It also continues to act for Edison Mission Energy on the acquisition, financing, development and construction of utility-scale wind power electric generation facilities across the US with individual project values ranging from $80m to over $400m. Gregory Thorpe is the key contact. In May 2012, Junaid Chida joined from Dewey & LeBoeuf LLP.

Within Healthcare: life sciences, O’Melveny & Myers LLP is a third tier firm,

A product liability and IP litigation heavyweight, O’Melveny & Myers LLP’s 12-partner life sciences group also has a substantial corporate practice. The firm assisted Advance Medical on the establishment of a Cayman Islands/Brazil/US international structure and closing of a Series A financing, and continues to advise on the company’s expansion into the Brazilian aesthetic market. Particularly strong in capital markets, the firm acted on a variety of complex financings. It represented Nektar Therapeutics on a public offering of common stock which netted proceeds of $220m for the company; and Silicon Valley-based Brophy Christensen acted for Cell Therapeutics on a series of direct offerings worth more than $110m of Series 3 preferred stock. Highly regarded practice chair Sam Zucker, also based in Silicon Valley, is a ‘very good corporate practitioner’. In May 2012, Stanton Lovenworth joined from Dewey & LeBoeuf LLP.

Within Insurance: advice to insurers, O’Melveny & Myers LLP is a second tier firm,

O’Melveny & Myers LLP’s insurance department has lawyers stretching from New York and Washington DC to Los Angeles and San Francisco, providing clients with a truly national practice. Although the group lost leading name Paul Koepff, who joined Clyde & Co LLP, it continues to house highly respected figures including Richard Goetz and Michael Yoder. Notably, Mark Wood and Allen Burton successfully represented ACE and The Massachusetts Port Authority (Massport) in the US district court for the Southern District of New York to obtain summary judgment dismissing all claims against Massport in the last wrongful death action emanating from the 9/11 attacks. Century Indemnity, Arrowood, CIGNA, XL and Zurich are also clients.

Within Copyright, tier 4

O'Melveny & Myers LLP acts for media, entertainment and technology industry clients, handling disputes involving traditional rights owners as well as issues relating to online and new media forums. San Francisco-based David Eberhart focuses on representing technology companies in litigation. He successfully led in a Ninth Circuit appeal for Apple against Psystar Corporation, which affirmed a previous district court decision that Apple's license agreement did not constitute copyright misuse. Los Angeles-based Daniel Petrocelli is well known for representing major Hollywood industry names. He continued to act for Warner Brothers and DC Comics in litigation regarding copyright ownership and rights to the Superman character, including well-publicized cases against the heirs of the character's co-creators. Robert Schwartz continues to represent GDC Technology and certain other defendants in a dispute involving a copyright infringement claim regarding 3D movie glasses.

Within Patent litigation: full coverage, tier 5

O'Melveny & Myers LLP has ‘an impressive depth of technical knowledge', predominately in the high-tech, electronics, semiconductors and related industries. Clients include Apple, Google, Hynix Semiconductor, Viacom and Novartis Vaccines and Diagnostics. George Riley led representation of Samsung Electro-Mechanics as respondent to an ITC investigation filed by Murata Manufacturing concerning alleged violation of electronic device patents, with the forum issuing a final determination in Samsung's favor. Darin Snyder leads the team, which includes Mark Miller, who has ‘extensive experience in the semiconductor industry, and a keen ability to understand the unique relationship between technology and law in IP litigation'. Brett Williamson is ‘a skilled and very practical patent litigator', and Eric Namrow is the key attorney for ITC proceedings. Stephen Akerley joined Dechert LLP.

Within Private equity funds, tier 4

O’Melveny & Myers LLP’s private funds practice spans the east and west coasts of the US, and also has resources in Europe and Asia. Kathy Sanders heads the West Coast operation, advising fund sponsors on structuring issues and fiduciary arrangements, as well as representing institutional investors such as CenturyLink Investment Management and AIG. Splitting his time between New York and California, 32-year veteran Robert Blashek handles fund formation and tax matters for sponsor clients such as Colony Capital and Seidler Equity Partners. The addition of Tim Clark, former co-head of Proskauer Rose LLP’s hedge funds practice, to the New York office gives the practice broader private funds expertise, particularly in the venture capital space. The expanded team advises on the full complement of funds matters, from joint venture agreements to secondary transactions and co-investment arrangements. In 2011, it acted for SunAmerica Financial Group, a division of AIG, during the spinout of its alternative investments team to AllianceBernstein, and represented Jonathan Rose Companies in raising two real estate funds targeting office buildings and affordable housing.

Within ERISA litigation , O’Melveny & Myers LLP is a first tier firm,

O’Melveny & Myers LLP ‘provides outstanding service in all respects’. It ‘continues to be the firm we use when important issues arise and the stakes in litigation are high’. Indeed, according to one client, ‘I am confident that the firm is unrivalled in the terrific results it gets for its clients’. Embracing cutting edge and complex cases, the firm recently obtained a complete dismissal of two putative class action lawsuits raising novel constitutional and ERISA claims against Prudential. In 2011, the US District Court for the District of Columbia issued a 17-page opinion granting Prudential’s motion to dismiss with prejudice. The firm also recently acted for Bank of America, in a case where three current or former Bank of America employees filed a putative class action alleging that Bank of America and a number of its current and former officers breached fiduciary duties under ERISA by causing the Bank of America 401(k) Plan and the Bank of America Cash Balance Plan to invest in Bank of America-affiliated mutual funds. Having already obtained Rule 12 dismissal of the plaintiffs’ claims relating to the Bank of America Cash Balance Plan, the firm filed a motion for summary judgment directed at the plaintiffs’ claims concerning the 401(k) Plan. In 2011, the district court granted the firm’s motion, dismissing the plaintiffs’ remaining claims in their entirety. Other representative active clients include AEGON USA, Edison International, Ford Motor Company and Humana. Clients extol not just the technical ability of the lawyers at the firm, but their amiability. ‘The individuals at the firm are truly nice people, easy to work with and fun to be around’. In Washington DC, one of the godfathers of ERISA litigation, Bob Eccles ‘has an in-depth knowledge of ERISA case law’ that continues to make him one of the most highly respected practitioners in this field. Also based in Washington, his practice co-chair Brian Boyle, has immense and impressive ERISA litigation experience, and Jonathan Hacker, who is chair of the firm’s Supreme Court and Appellate practice is also recommended. In 2011 Gary Tell sadly passed away.

Within Labor and employment litigation, O’Melveny & Myers LLP is a second tier firm,

O’Melveny & Myers LLP ‘provides outstanding service to us in all respects. It is very responsive to our specific needs and offers practical and constructive advice ‘. It ‘continues to be the firm we use when important issues arise and when the stakes in litigation are high’. The firm recently represented The Hershey Company in a nationwide wage and hour collective action; secured a recent important appellate victory for Bank of America; secured a very favorable settlement for client Babcock & Brown International in a dispute with its parent company, Babcock & Brown Limited, over the right to approximately $9.1m held in an employee benefits trust; and represented the Air Transport Association of America, in a lawsuit against the National Mediation Board (NMB) challenging the NMB’s new voting rules for union elections as a violation of the Railway Labor Act and the Administrative Procedures Act. Other representative clients include Alaska Airlines, LA Fitness, NY Mets, Marriott International, Morgan Stanley and United Airlines. Lawyers at the firm ‘understand our business operations and provides timely and valuable guidance upon which we rely in developing our long-term corporate strategies. They combine exceptional legal skills with unrivaled business acumen. And, they can distill complex issues into relatively simple items that are easily understood by judges, jurors and arbitrators’. Practice chair Apalla Chopra, Framroze Virjee, Robert Siegel and Jeffrey Kohn are all highly recommended. Mark Robertson and Eric Amdursky are also extremely experienced. ‘Having worked with other prominent law firms that practice in these areas, I am confident that it is unrivaled in the terrific results it gets for its clients. And, the individuals at the firm are truly nice people, easy to work with and fun to be around’.

Within Leading trial lawyers,

Daniel Petrocelli, O’Melveny & Myers LLP: Daniel Petrocelli has ‘a fine reputation as a trial lawyer’. He has made his name in a string of high-profile cases, including as the successful prosecutor at OJ Simpson’s civil trial and as the attorney for former Enron CEO Jeffrey Skilling. Petrocelli is currently representing Hollywood Foreign Press Association in its lawsuit against Dick Clark Productions for allegedly usurping the exclusive broadcast rights to the Golden Globes telecasts. Petrocelli’s diverse caseload also includes a federal trial in Santa Ana on behalf of Allergan.

Within Product liability and mass tort defense: automotive/transport , O’Melveny & Myers LLP is a third tier firm,

O’Melveny & Myers LLP has acted for Ford for a number of years, including defending it in the Bridgestone/Firestone controversy over unusually high rates of tire failure in some of its vehicles. It is currently defending Ford in a number of class actions involving claims that certain engines in its vehicles contained defects, resulting in poor air conditioning and engine performance. Previous work for the company has included defeating attempts to certify nationwide classes in Walsh v Ford, Bronco II Products Liability Litigation and re Ford Motor Co Vehicle Paint Litigation. Washington DC-based Brian Anderson is the attorney leading the current workload for Ford.

Within Product liability and mass tort defense: pharmaceuticals and medical devices, O’Melveny & Myers LLP is a third tier firm,

O’Melveny & Myers LLP has a proven track record in product liability litigation, including representing Merck in various Vioxx cases, and also has a strong appellate practice. The firm is currently defending Amylin against claims concerning the prescription drug Byetta, an injectable medication for type-2 diabetes. Plaintiffs allege that the company failed to adequately test and monitor the side effects of the drug and failed to warn of the risk of developing pancreatitis. Other recent instructions came from Johnson & Johnson and Merck. Richard Goetz chairs the practice, and Catalina Vergara and Jeffrey Fowler recently made partner; all three are based in Los Angeles.

Within Securities: shareholder litigation, O’Melveny & Myers LLP is a third tier firm,

Led by Washington-based Jeffrey Kilduff, O’Melveny & Myers LLP’s 27-strong team is well-represented in the firm’s New York and Los Angeles offices. Its work representing financial institutions on securities litigation arising from the mortgage crisis continues to be the cornerstone of the practice, but it is winning a substantial share of the new wave of litigation concerning China-based US-listed companies and is making a real name for itself in the area. Among its recent China-related instructions, the firm successfully represented Shanghai-based online gaming company, Giant Interactive, in the settlement of a shareholder class action. The firm’s domestic practice also continues to grow in profile and its work for Fannie Mae stands up as one of the most sought-after instructions in the market. The firm is representing the government-sponsored mortgage company in several lawsuits including securities class actions, individual securities actions, shareholder derivative actions and an ERISA class action, stemming from a regulator’s interim report concluding that Fannie Mae artificially inflated its earnings through misapplication of certain accounting policies.

Within Supreme Court and appellate, O’Melveny & Myers LLP is a second tier firm,

O’Melveny & Myers LLP’s Jonathan Hacker is highly recommended for US Supreme Court work, and one client praises him and the ‘excellent’ Walter Dellinger for being ‘able to distil complex issues so laymen can understand them’. Hacker argued on behalf of Viad Corp in Kurns v Railroad Friction Products in November 2011, in a case in which the court was asked to decide whether federal laws governing road safety prohibit lawsuits against railroads under state law. Meanwhile, Dellinger’s name was on the docket in the US Supreme Court case, Hosanna-Tabor Evangelical Lutheran Church and School v Equal Employment Opportunity Commission, a case which challenges the ministerial exception to exposure to employment-related suits. Despite Sri Srinivasan’s departure to the US deputy solicitor generalship, the firm also retains a robust and compact appellate practice, with strong partner-level strength on both East and West Coasts. Clients include household names such as Bank of America, ExxonMobil and Morgan Stanley.

Within Trade secrets, O’Melveny & Myers LLP is a third tier firm,

O’Melveny & Myers LLP is recommended by clients ‘to those who are in need of top-notch representation for IP litigation matters’, and is ‘very strong from a technical standpoint, with deep industry knowledge’ in the technology sector. Where expedient, a team will include experts from the IP, business litigation, employment and white-collar practice areas, providing access to lawyers with range of qualifications in order to reach the optimum outcome. Clients, including Advanced Micro Devices, Allergan, Apple, Bank of America and Viacom, appreciate ‘the ability of the team to provide alternative solutions to resolving disputes’. Mark Miller – who ‘provides detailed advice and backs up decisions with reasoned analysis’ – assisted Integrated Device Technologies to secure its proprietary files relating to digital switching, timing, and memory products on the departure of an employee to a competitor in 2011. Darin Snyder, in San Francisco, heads the team.

Within White-collar criminal defense , tier 5

O’Melveny & Myers LLP’s 18-partner bi-coastal offering provides a robust and thorough service to corporates and executives embroiled in high-stakes white-collar matters. The firm benefits from a number of experienced litigators and a trial-ready approach which ensures that it has credibility before the agencies and also the ability to effectively handle a trial should the need arise. The team is engaged in a number of the most scrutinized areas of the white-collar arena and recently successfully persuaded the SEC to drop its charges against former Deloitte tax partner Arnold McClellan in an insider-trading probe. The firm’s litigation ability is also complemented by a strong internal investigations practice, which is regularly instructed by corporate clients of the firm. Following accusations made by a former Champion Laboratories sales manager alleging collusion in the auto-filter market, the team carried out an internal investigation for firm client Honeywell International who was implicated in the claim. After the investigation, the team showed that the sales manager had forged a critical document with the intention of suggesting Honeywell had participated in price fixing. The group is also representing a Major League baseball team in an internal investigation regarding the embezzlement of funds. Benefiting from a vast number of partners with prosecutorial experience, the team is praised for its ability to ‘leverage this agency experience in a positive manner’. Former assistant US attorney Carolyn Kubota handles a wide array of white-collar and business litigation and is appreciated by clients for her trial skills and ability to ‘present herself in a very professional and believable manner in court’. Other recommended practitioners include Michael Tubach, for criminal antitrust; Richard Grime, for FCPA matters; and senior counsel David Leviss, for congressional investigations.

Within Telecoms and broadcast: transactional, O’Melveny & Myers LLP is a third tier firm,

O’Melveny & Myers LLP transactional group handles international broadcasting transactions relating to sport and entertainment, winning praise for its ‘superb advice, consistently quick feedback and much appreciated practical approach’. Sean Monroe in Century City represented Shine Group, the UK’s largest independent production company, on the US aspects of its $471m acquisition by News Corp. ‘Outstanding partner’ Joseph Calabrese ‘is always extremely well prepared, which makes his position difficult to challenge’. Together with Christopher Brearton, he advised the International Olympic Committee on awarding US media rights to the 2014/2016 and 2018/2020 Olympic Games to NBCUniversal in an arrangement reportedly worth $4.38bn. Brearton, who ‘has superior drafting skills and is extremely thorough in his analysis of long and complex transactional documents’, represented Univision in its bid for the Spanish-language US rights to broadcast the 2018 and 2022 World Cup.

Within Antitrust, O’Melveny & Myers LLP is a second tier firm,

O’Melveny & Myers LLP remains active across the antitrust sphere, and acted on some high-profile mandates in 2011; notably the firm represented new client T-Mobile in the DOJ suit to block the AT&T and T-Mobile USA proposed merger. Led by trial lawyer and antitrust regulatory attorney Richard Parker, the well-rounded practice is predominantly spread between the Washington DC and California offices, but antitrust lawyers are also present in New York, Pennsylvania and New Jersey. Parker’s team includes Ian Simmons, whose practice encompasses cartel class actions and matters involving intellectual property. Simmons was recently part of a team that achieved a major victory for Samsung in a multi-district litigation, which saw a California federal judge dismiss claims accusing Samsung, Sony and other companies of fixing prices for optical disk drives. The firm also achieved two significant victories for eBay in 2011; a putative class action in which plaintiffs accused eBay and PayPal of charging unlawful fees and engaging in anti-competitive conduct; and a shareholder derivative suit against the client and individual members of its board of directors. While the firm is often better known for its litigation experience, Michael Antalics (who served 23 years at the FTC) and David Beddow are particularly active in merger clearance matters. In January 2012, Thomas Brown left for Paul Hastings LLP.

Within M&A: large deals ($1bn-5bn), O’Melveny & Myers LLP is a third tier firm,

In 2011, O’Melveny & Myers LLP endured the departure of Ilan Nissan, its former M&A head, and M&A partner Christian Nugent leaving for the New York office of Dewey & LeBoeuf LLP. The firm’s recent experience includes advising long-time venture-backed client Apache Design Solutions, a provider of innovative power analysis and optimization software solutions in the EDA sector, in its agreement to be acquired by ANSYS, for approximately $310m. Silicon Valley-based Warren Lazarow is the firm-wide chairman of the transactions department. Lazarow’s practice is primarily focused on the corporate representation of public and private technology companies, venture capital and private equity firms, and investment banks. Paul Scrivano is a partner in the New York, San Francisco and Silicon Valley offices, and co-head of the US M&A practice. Scrivano’s professional experience includes the representation of Bear Stearns Merchant Banking in its negotiated spinout and transition to independence from JPMorgan Chase.

Within Venture capital and emerging companies, O’Melveny & Myers LLP is a third tier firm,

O’Melveny & Myers LLP has a potent West Coast heritage and has developed a strong profile in Silicon Valley. The firm’s strong emphasis on Asia has also enabled it to develop a notable cross-border platform for its venture capital and emerging companies department. In 2011, a team led by Silicon Valley partners Warren Lazarow and Brian Covotta represented Apache Design Solutions on its proposed IPO. Later in the year, the firm then acted for the company on its $310m sale to ANSYS. Other clients include Castlight Health, Lightspeed Venture Partners, Menlo Ventures and Venrock. Leading figures in the practice also include Silicon Valley partner and chair of the M&A practice Steven Tonsfeldt, Silicon Valley partner Paul Sieben and life sciences expert Sam Zucker who splits his time between Silicon Valley and New York.

Within Domestic tax: West Coast, O’Melveny & Myers LLP is a second tier firm,

O’Melveny & Myers LLP’s offices along the West Coast comprise Los Angeles, Newport Beach, San Francisco and Silicon Valley, though the tax practice is chaired from New York. The firm is deeply involved in the region’s technology and bio-science sectors and media industries, and has a significant Asia practice. Luc Moritz’s cross-border, including his niche in India-linked transactions, is well regarded. Robert Blashek combines a structured finance and tax practice, and Silicon Valley-based Robert Fisher is recommended for transactional work. Practice clients include the Weinstein Company, WedMD and Houlihan Lokey.