The Legal 500

Sheppard, Mullin, Richter & Hampton LLP

1111 CHAPALA STREET, 3RD FLOOR, SANTA BARBARA, CA 93101, USA

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

Industry focus

Within Healthcare and life sciences, Sheppard, Mullin, Richter & Hampton LLP is a third tier firm,

Sheppard, Mullin, Richter & Hampton LLP’s healthcare practice group is ‘excellent, with tremendous depth of knowledge’, and is particularly valued for its labor and employment practice. It strengthened its resources in 2010 by hiring three partners from the Century City offices of Seyfarth Shaw – among these, Thomas Kaufman and Michael Gallion represent Kaiser Permanente and WellPoint Inc. A senior associate arrived from Fulbright & Jaworski LLP to follow on from the recruitment of regulatory compliance expert Ken Yood in August 2009. Hospitals, hospital systems and physician groups form a core client base, among them MemorialCare Health System and Hoag Memorial Hospital Presbyterian, and the team acted for Talbert Medical Group on its April 2010 merger with Healthcare Partners. The team also represented University of California – San Francisco and Campus Facilities Improvement Association on establishing a $200m neuroscience research facility at Mission Bay. Although many of its clients fall within California’s sprawling healthcare industry, the group nonetheless operates nationally and has been representing a large client in New Mexico on an improvement program, and advising managed healthcare provider Aveta Inc on a credit refinancing. Richard Simmons in Los Angeles is ‘absolutely the expert on wage-and-hour laws’. Practice head Eric Klein in Century City is ‘a wonderful negotiator, creative, experienced, and skillful. Due to his depth of experience and knowledge, it takes very little time to get Eric up to speed on even the most complex issues’.

Labor and employment

Within Labor and employment litigation, Sheppard, Mullin, Richter & Hampton LLP is a third 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.

Media, technology and telecoms

Within Marketing and advertising, Sheppard, Mullin, Richter & Hampton LLP is a second tier firm,

Sheppard, Mullin, Richter & Hampton LLP’s marketing and advertising practice is recommended for its ‘short turnaround times and business acumen’, advising brand manufacturers, web operators and agencies on sports, entertainment and interactive marketing. Practice head Robert Darwell and partners Shaun Clark, in Los Angeles, and Benjamin Mulcahy, in New York, are supported by the firm’s media and entertainment prowess. The practice advises major motion picture studios and brand manufacturers on joint promotion campaigns across all media platforms as well as handling sports-related advertising and promotional work. Highlights included advising Summit Entertainment on major promotional initiatives for the movie The Twilight Saga: New Moon, Lions Gate Films on promotional campaigns for the DVD release of Mad Men and the theatrical release of motion picture titles, including Daybreakers, The Warrior and Kick Ass, and Paramount Pictures’ on promotional initiatives for movies Up in the Air, Transformers: Revenge of the Fallen and The Last Airbender. Deals with promotional partners included General Motors, American Airlines, LG, M&M Mars, Burger King, 7-Eleven and McDonald’s. Sports marketing expert Benjamin Mulcahy is recommended for his ‘amazing insight and thorough knowledge’. He represents MillerCoors on numerous initiatives, including deals with the New York Jets, New York Giants, San Francisco 49ers and the San Francisco Giants, and negotiated advertising agreements on behalf of the Rose Bowl to pay for the stadium’s renovations. Work at the cutting edge of marketing and technology has focused on online and mobile content and data privacy. The group successfully represented Williams-Sonoma Stores in an advertising/data privacy class action that is currently pending before the California Supreme Court. Other clients include Ogilvy & Mather, CBS Films, Auditude, Coty and Liz Claiborne.

Within Technology: transactions, Sheppard, Mullin, Richter & Hampton LLP is a second tier firm,

Sheppard, Mullin, Richter & Hampton LLP’s transactions group is led by Brian Pass, recommended as ‘responsive, timely and practical – an excellent drafter and advocate’. Pass and his team acted in 2010’s most prominent deals, notably representing Yahoo! as lead outside counsel in its landmark multibillion-dollar deal with Microsoft. Craig Cardon assisted Auditude with agreements to serve as ad service platform for Comcast’s online properties, including Comcast.net and Fancast.com, and in connection with deals with Daily Motion, Endemol and major record labels. The group advised Conduit – a start-up that helps publishers make and distribute apps using Web browser toolbars – on its strategic partnership with Microsoft’s Bing. Riaz Karamali in Silicon Valley focuses on M&A, licensing and technology transactions, advising clients ranging from start-ups to Fortune 500 companies. Other technology/new media clients include Joost, Ovation, Fox Mobile, ReachLocal.com, Vobile and TVEverywhere.

Within Telecoms and broadcast: regulatory, Sheppard, Mullin, Richter & Hampton LLP is a third tier firm,

Sheppard, Mullin, Richter & Hampton LLP’s communications practice is led by litigator Chris Huther in Washington DC, who advises equipment manufacturers on navigating FCC equipment regulations. In 2010, he represented GTE, Verizon and SBC in development defense, and critique of telecommunications cost models; and acted for Verizon in pole attachment and intercarrier compensation litigation. Brian Weimer specializes in satellite, broadcasting and wireless matters. His primary satellite clients include SAT-GE and SES World Skies, and also acted as corporate and FCC regulatory counsel to San Diego Gas & Electric (SDG&E) in connection with its acquisition of two wireless licenses from a subsidiary of NextWave. Megan Troy focuses on telecommunications litigation, regulation and policy.

Mergers, acquisitions and buyouts

Within M&A: middle-market (sub-$500m), Sheppard, Mullin, Richter & Hampton LLP is a third tier firm,

Sheppard, Mullin, Richter & Hampton LLP’s ‘level of service is exceptional, it is very responsive and in many circumstances anticipates clients’ needs before they develop. The M&A team is very strong and the advice and direction received is both knowledgeable and practical’. The firm recently welcomed Jon Atzen to the Los Angeles/Downtown office from DLA Piper. Atzen advises leading entrepreneurs and innovators, as well as emerging and established companies, primarily in the southern California region in technology sectors such as life sciences, semiconductors, wireless communications, internet, software and alternative energy technologies. Highlights included representing Banijay Entertainment in connection with its acquisition of Bunim-Murray Productions, advising Carolina Precision Plastics in its acquisition of ATP Health & Beauty Care, a privately-held company, in a cash-for-assets transaction, and assisting Fidelity National Financial in the sale of Fidelity National Capital to Winthrop Resources Corporation, a subsidiary of TCF Financial Corporation. The practice also represented Kapp Insurance in its sale to Ascension Insurance, a national insurance broker and advised Mars Air Systems and its equity holders in the management buyout of the assets of Mars Sales Company in a cash-for-assets transaction. Larry Braun, David Sands and practice group co-chair Jon Newby in Los Angeles, Tom Hopkins in Santa Barbara and Washington DC-based Luca Salvi are all recommended. Overall, clients report that the firm’s attorneys ‘each have an understanding of clients’ needs and know their business. We have never felt, as we do with some other law firms, that they are working us for bills’.

Within Venture capital and emerging companies, tier 5

The ‘excellentSheppard, Mullin, Richter & Hampton LLP is particularly strong in the technology and media sectors. While the firm represents some venture funds, it principally acts for emerging companies. The firm acts for a number of cable television channels as well as film production companies. M&A has been more prevalent for the practice of late, through Los Angeles-based David Sands and San Diego’s Michael Umansky, who is ‘always the smartest attorney in the room’, ‘has unparalleled understanding of corporate law’, ‘a great negotiator’ and ‘very detail-oriented’. The potent Californian practice is also strong in Santa Barbara and Orange County. The team recently advised Bison Capital Equity Partners in relation to its investment in Fyfe Group. The firm also has a strong production and production finance practice, and represented Legend Films in connection with a Series E1 financing, as well as a large convertible note and warrant financing.

Real estate and construction

Within Construction (including construction litigation), tier 4

Sheppard, Mullin, Richter & Hampton LLP is recognized for its construction law advice and litigation on the West Coast. Typical instructions include negotiating and drafting contracts; advising on issues relating to California mechanics’ lien law; and handling construction disputes via arbitration, mediation and litigation. The attorneys are ‘very good’ and are appreciated for ‘taking the time to understand business issues’. The firm recently advised international resort developer Baha Mar Development Company on a $2bn resort in the Bahamas; the instruction involved advising on construction management, insurance coverage requirements and contractual matters. On the contentious side, the firm successfully represented Washington Group International (now the Washington division of URS Corporation) and its joint venture partner on claims brought by the owner arising from the turnkey design and construction of the Los Angeles to Pasadena light rail line. Hal Hamersmith and practice chair John Yacovelle are recommended.

Within Land use/zoning , Sheppard, Mullin, Richter & Hampton LLP is a second tier firm,

Sheppard, Mullin, Richter & Hampton LLP expanded its real estate, land use and environmental practice through two partner hires from Allen Matkins Leck Gamble Mallory & Natsis LLP, including the highly esteemed Jerold Neuman, who chaired the land use and government relations team at his previous firm. The practice has a strong reputation in California and has been lead counsel on some high-profile CEQA cases, including relating to the development of a mixed-use retail and hotel project at Lane Field. Other recent work includes instructions from Lennar Homes and Wal-Mart.

Within Real estate, tier 4

Sheppard, Mullin, Richter & Hampton LLP represents investors, developers, builders, major landowners, lenders and local agencies on every aspect of commercial and residential real estate. Domenic Drago is the chair of the 36-partner real estate, land use and environmental practice group. Joan Story led a team that represented longstanding client Diageo Chateau & Estate Wines Company on its $269m sale of a portfolio of 18 vineyard and winery properties to Realty Income Corporation. The team also acted for DHL in the donation of Wilmington Air Park – its former central hub facility – to the Port Authority of Clinton County in Ohio. Robert Thompson led a team that advised UCSF and Campus Facilities Improvement Association on a PPP to develop a $200m neuroscience research and clinical facility.


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