The Legal 500

Seyfarth Shaw

333 SOUTH HOPE STREET, SUITE 3900, LOS ANGELES , CA 90071-1406, USA
Tel:
Work +1 213 270 9600
Fax:
Fax +1 213 270 9601
Web:
www.seyfarth.com

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

Industry focus

Within Healthcare and life sciences, Seyfarth Shaw is a third tier firm,

Seyfarth Shaw has built a major practice representing hospitals and hospital systems in wage-and-hour disputes. Among others, it acts for Boston Medical Center, Caritas Christi Health Care System, Heritage Enterprises, Jackson Park Hospital, Medisys Health Network Inc and Northwestern Memorial Hospital, all of which it is representing in state and federal actions alleging wage-and-hour violations. The firm provides comprehensive legal services to clients such as NorthShore University HealthSystem and provides financing and compliance advice to MidCap Financial LLC as part of its commercial lending to healthcare providers. The firm routinely advises clients on reimbursement and antitrust issues including compliance with Stark and anti-kickback legislation. Century City-based Jeffrey Berman and of counsel Joan Smiles are ‘very competent in HR and wage-and-hour issues’, and instill ‘total confidence’ among clients. Chicago-based practice co-chair Deborah Gordon is ‘always very good. She has a broad depth of experience in the healthcare finance field, is always very responsive, and is particularly good in contentious negotiations’. Labor and employment specialists Thomas Kaufman and Michael Gallion were among three attorneys who departed to Sheppard, Mullin, Richter & Hampton LLP in 2010.

Labor and employment

Within ERISA litigation , Seyfarth Shaw is a third tier firm,

Seyfarth Shaw is ‘at the top in terms of technical expertise and it doesn’t back down or give up’. The firm boosted its ERISA litigation capability at the end of 2010 with the hire of Ward Kallstrom from Morgan Lewis. The firm has recently handled a range of ERISA class actions, including stock drop litigation, cash balance and other pension plan design cases, 401(k) plan fees litigation, and retiree medical benefits litigation. Brian Cousin and Ian Morrison’s group has also developed an expertise in challenging withdrawal liability assessments under Title IV of ERISA. ‘The overall level of service is outstanding’. It has high in-depth knowledge of the specific technical area, its advice has been balanced, its written motions are phenomenal and it is very thorough in preparing witnesses’. Examples of the caliber of client that the firm assists include Accenture, Alliant Energy Corporation, BP Corporation North America, Caterpillar, Chartis Insurance, Kraft Foods Global, Motorola and Solar Turbines. Ronald Kramer and Neil Capobianco are also highly recommended.

Within Immigration, Seyfarth Shaw is a second tier firm,

Seyfarth Shaw prides itself on its national thought leaders and technology savvy partners, who invest time and resources developing immigration management programs. The firm operates with the focus of a boutique-style immigration firm, while practising in all areas of immigration law. In addition, it is backed by one of the country’s leading labor and employment practices. Recent representative work highlights include advising Kiewit Corporation; the company implemented an electronic I-9 software program to avoid I-9 errors and the related fines. When it became clear that there would be a material delay in the roll-out of the software, the firm stepped in to fill the gap by quickly deploying a secure extranet that allowed the client to submit I-9s to the firm for real-time audit, review, and E-Verify submission. Over the course of 7 months, the firm reviewed the I-9s and trained approximately 100 individuals within the client organization to properly handle I-9s. Another case in which the group showed itself to be adept at problem solving was when the firm was able to obtain a ‘second passport’ for Metso’s global sales manager when travel commitments made it impossible for him to obtain a Brazilian business visitor visa on his first passport. From Atlanta and Boston respectively, James King and Russell Swapp co-chair the corporate immigration group. The latter is ‘both very knowledgeable and can explain the rules and provide practical guidance in a very comprehensible way’. Dyann DelVecchio is also recommended. She is the chair of AILA’s national F-1 Student & Scholar Committee. California-based Angelo Paparelli has an impressive reputation; he was the recipient of the 2010 Edith Lowenstein Award for advancing the practice of immigration law given by the AILA.

Within Labor and employment litigation, Seyfarth Shaw is a second tier firm,

What sets Seyfarth Shaw’s lawyers apart from many other law firms is their focus not only on results, but also on effective and thorough communication on the defense of litigation within budget and consistent with the client’s interests’. ‘It is constantly thinking and acting one step ahead of opposing counsel’. The ‘smart, organized, incredibly responsive’ Camille Olson, Gerald Maatman, who is ‘an outstanding lawyer and extraordinarily loyal and responsive to his clients’, and David Kadue lead the firm’s complex discrimination litigation practice group. Richard Alfred, who ‘is extremely knowledgeable, responsive and takes the time to individualize his advice’, Lorie Almon and the ‘smart and responsive’ Andrew Paley are in charge of the firm’s wage and hour litigation group. Ariel Cudkowicz chairs the single-plaintiff litigation practice group. In a recent victory, Ellis et al v DHL Express et al, the Seventh Circuit Court of Appeals supported the District Court’s decision affirming a grant of summary judgment in DHL’s favor in a WARN case emanating from the closure of 5 Chicago-area facilities in 2008. The ruling is the first published Seventh Circuit decision holding that an employee may waive WARN claims. The firm was also chosen to represent Hewlett Packard (HP) in significant litigation matters involving its former-CEO Mark Hurd’s decision to become president of Oracle following his termination of employment with HP. The firm is also representing Sterling Jewelers in a nationwide class action asserting gender discrimination claims, and is defending Intel in two substantial wage and hour overtime class actions, in which the plaintiffs allege that their positions were misclassified as salaried-exempt positions. Raymond Baldwin ‘is a tenacious litigator who stands out for his exceptional patience, calm nature, and likability. This calming demeanor on the one hand, coupled with an aggressive, competitive litigation style on the other hand, is a winning combination’. Jeremy Sherman, Gilmore Diekmann and Linda Schoonmaker are also recommended. In 2010, the firm welcomed Jeffrey Berman from Sidley Austin LLP and Eric Steinert from Wells Fargo. However, it also lost a team of eight employment litigators including wage and hour and discrimination class action experts Thomas Kaufman, Michael Gallion and Gregg Fisch to Sheppard, Mullin, Richter & Hampton LLP.

Within Labor-management relations, Seyfarth Shaw is a second tier firm,

Seyfarth Shawconsistently gets my top scores on all service-related matters’. ‘It is very responsive, yet thorough’. ‘It is expert in its field, but also business minded and pragmatic. It is very client centric, but appropriately honest when it believes a client is taking a risk. Because it staffs appropriately and works diligently, it provides an outstanding value to the client’. The firm has one of the largest labor relations practices in the United States. It is recognized for its expertise and the results that it has delivered for clients in areas such as collective bargaining, labor arbitrations, anti-corporate campaigns and union organizing campaigns. Of particular note over the past year have been the firm’s achievements in the airline, hospitality, telecommunications and printing/publishing industries. Recently, the firm represented The Pittsburgh Post-Gazette in negotiations with its 10 labor unions that resulted in $18m in savings for the company. Practice head Bradford Livingston’s ‘skills are outstanding’. Joe Damato ‘is an outstanding lawyer and always reliable’. Clients appreciate his ‘honesty, his thoughtful and thorough approach to issues, and his fantastic client skills’. Stacy Shartin ‘has a unique ability to find a way to relate to everyone on all sides of an issue. He is aggressive in substance, but wraps his expertise in a relaxed and comfortable demeanor. He is unflappable in tense situations and quickly can bring reason and sanity to the most difficult situations’. John Toner, who previously held positions at the National Labor Relations Board and the Federal Mediation and Conciliation Service, Jeremy Sherman and Peter Chatilovicz are also recommended. Joel Kaplan and Arthur Telegen are also leading attorneys in this field. In 2010, the firm welcomed Jeffrey Berman from Sidley Austin LLP, who represents health care institutions in their traditional labor and employment matters.

Within Workplace and employment counseling, Seyfarth Shaw is a first tier firm,

Seyfarth Shaw continues to please its clients. ‘Phenomenal. Amazing response times, attentiveness, understanding of our specific company and issues, flexibility, technical expertise proactivity and the ability to balance legal and management needs’. ‘I rate the services very high because the advice provided is knowledgeable, skilled, practical, timely and accessible’. The firm is also at the forefront of workplace and employment counseling. The United States Chamber of Commerce is a client, and since September 2009, representation has included testifying before the US House of Representatives, the US Senate, and presenting written comments to the Department of Labor, EEOC and federal courts on various legal issues from employment discrimination, employee benefits and wage and hour laws, to Sarbanes-Oxley. The firm recently partnered with United Technologies Corporation (and its companies including Sikorsky, Pratt & Whitney, Otis Elevator and UTC Fire and Security) through a hotline technology infrastructure, and provided “process mapping” and other services to advise not only on day-to-day issues, but also on changes to underlying systems and processes to manage HR risks. On behalf of Aon-Hewitt, Farmers & Zurich Insurance and others, the firm’s dedicated reduction-in-force team continued in 2010 to partner on some of the largest business combinations and restructurings to provide full workforce reduction counseling and services. The firm has also been retained by media companies nationwide to provide counseling on complex distribution and other contractor relationships. David Baffa ‘understands my industry, works quickly, and does not try to get the company to engage him for services other than the ones we really need. He is one of the best lawyers I’ve used. He works quickly and efficiently’. Meanwhile, ‘I know no lawyer who is better, or a better client service provider than Robert Nobile. He is a stellar lawyer, a fabulous businessman, a highly ethical individual and always exceeds our expectations’. Ellen McLaughlin ‘has a breadth and depth of knowledge that is unmatched. With this wealth of information, she can provide practical advice and make difficult and arcane issues easily understandable’. Charles Walters ‘has the ability to translate complex legal principles in his area of expertise to non-expert lawyers, as well as non-lawyer business persons. He not only commands his area of law, but understands the business implications of those laws and regulations as well’. Condon McGlothlen, William Perkins and Pamela Devata are also specialists in this field.

Litigation

Within Trade secrets, tier 4

Seyfarth Shaw is distinguished by its dedicated trade secrets, computer fraud and non-compete group which aligns 45 professionals nationally to focus on advice and representation within this practice area. Head of the practice Michael Wexler demonstrated the firm’s ability to combine specialist expertise in high-profile litigation relating to protection of client Hewlett-Packard’s trade secrets on the move of CEO Mark Hurd to Oracle, with support from employment partner Camille Olson and Los Angeles trade secrets partner Robert Milligan. This case also demonstrates the firm’s niche practice area – representing or defending claims involving the entry or departure of top-level executives, including representing Motorola on a matter relating to the departure of its COO to Nortel Networks; and Baxter in a trade secrets misappropriation matter against a former top Baxter scientist who joined Bayer, having copied files regarding Baxter’s products valued at over $1.5bn. Katherine Perrelli’s 20 years of experience demonstrates a significant focus on high stakes trade secrets and restrictive covenant litigation for clients in the financial services and insurance industries including Arthur J Gallagher & Co and Wells Fargo, recently achieving favorable settlements on behalf of both of these clients in non-compete cases. Michael Levinson is another stalwart of the team.

Real estate and construction

Within Construction (including construction litigation), Seyfarth Shaw is a second tier firm,

Seyfarth Shaw has a 50-lawyer national construction practice, in nine offices across the US. Clients appreciate the attorneys’ ‘tactically sound advice’ and their ability to work in unfamiliar jurisdictions; ‘they very quickly come up to speed on all local rules and issues’. The team handles large, complex projects from stadiums to infrastructure developments and power plants, working closely with colleagues in the firm’s 20-strong government contracts group, and has a strong litigation practice, successfully presenting cases before courts, dispute resolution boards and arbitration tribunals. In 2010 the firm prevailed in a high-profile foreclosure lawsuit in Chicago, acting for Bank of America; the team, made up of real estate, bankruptcy and construction lawyers, acted for the bank as leader of a group of lenders in a $207m case relating to a large-scale mixed-use development under construction in the Loop business district. While the firm is well known for its successes in litigation, it also has a very credible transactional practice, with the recent work including negotiating design and construction contracts for Houston’s $1.5bn Light Rail Project. The firm is also outside legal counsel to Fortune 500 company Host Hotels and Resorts, handling construction contracts for all of the client’s 120 properties, domestically and abroad. Highly regarded lawyers include Richard McKim Preston, who heads the Washington DC construction team. Clients also praise Bennett Greenberg, who is ‘outstanding in design-build contract negotiations’; and Steven Kmieciak, for his ‘very good grasp of federal government contracting issues’. Elsewhere, for California matters, Michael McKeeman is described as ‘an absolute pleasure to work with’; and in Boston, clients ‘wholeheartedly recommend’ Leah Rochwarg for her ‘zealous representation’.

Within Real estate, Seyfarth Shaw is a third tier firm,

Paul Mattingly chairs Seyfarth Shaw’s ‘excellent’ real estate practice, which provides a ‘very professional service with a good balance between seasoned veteran partners and highly able associates’; the team gives ‘clear and concise advice’. In addition to core groups in Atlanta, Boston, Chicago and New York, the team also fields attorneys in California and Washington DC. The team displays ‘depth of knowledge’, responsiveness and ‘reasonable pricing’. It handles high-value workouts and real estate loan origination for a number of longstanding institutional clients. During 2010, the ‘extremely knowledgeable’ Andrew Pearlstein and Andrew Shure represented 7-Eleven regarding a strategic transaction aimed at expediting its leasing program. The ‘astute’ Alvin Kruse and Gus Paloian are acting for the Special Assets Group at Bank of America Merrill Lynch on the workout and enforcement of commercial real estate loans secured on various asset classes. The ‘excellent’ Dean Heller represented Washington Holdings Structured Finance on converting a subordinated secured debt interest in the St Regis Monarch Bay Resort and Spa in California into fee title, as well as on subsequent restructuring of the senior secured debt and acquisition of additional property rights. Ronald Gart adopts a ‘balanced and rational approach’, and displays ‘very good legal and business acumen’; the ‘outstanding’ Mitchell Kaplan’s ‘technical expertise is unparalleled’; and Robert Bodansky is ‘able to quickly ascertain the peculiarities of a business’. Sean O’Brien, Mark Block, Steven Kennedy, Peter Korda and Adam Walsh are also recommended, while Morgan Jones recently joined the team.

Tax

Within Employee benefits and executive compensation, Seyfarth Shaw is a third tier firm,

Seyfarth Shaw’s large employee benefits and executive compensation practice group provides ‘good value, deep knowledge and a better client focus than other firms’. The Chicago-centered practice fields partners in several locations including Atlanta, Washington DC, New York and Los Angeles. The majority of some 40 partners specialize in the area, although some also litigate in addition to offering advisory practices. The group is particularly, but not exclusively, recommended for instructions in the non-profit sector. Chicago-based chair Peter Miller has led the growth of the department and continues to manage the team’s relationship with 120,000-employee defense company Northrop Grumman. In the same office, Diane Dygert has ‘a very broad knowledge, and is pragmatic due to previous in-house experience’. In New York, Howard Pianko and Randall Montellaro ‘have the rare ability to take very complicated issues and explain them in a very easy-to-understand way without making us feel stupid’. Fredric Singerman in Washington DC is also recommended. Los Angeles-based Alan Cabral recently acted for OCU Pension Trust to successfully establish a new multi-employer pension trust and merge 14 single employer plans into it. Practice clients include Thrifty Automotive Group, Dow Chemical, FDIC and General Electric.


Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to