The Legal 500

Within Capital markets: equity offerings, Sutherland Asbill & Brennan LLP is a third tier firm,

The team at Sutherland Asbill & Brennan LLP operates a niche securities practice specialising in advising business development companies (BCDs) on investing debt and equity capital in private or publicly traded companies. Recent highlights include representing Ares Capital Corporation as regulatory counsel in connection with a $267.8m public offering of common stock, and also representing Solar Capital in its $92.5m IPO. The team also recently advised Fifth Street Finance Corporation on several secondary offerings, including four common stock offerings of $87.8m, $58m, $81.8m and $105.8m. Cynthia Krus co-heads the practice from the Washington DC office, together with Eric Fenichel in Atlanta.

Within Technology: outsourcing, tier 4

Sutherland Asbill & Brennan LLP’s 20-strong outsourcing team handles customer side initiatives including BPO, ITO/infrastructure, ADM, software system acquisition and managed network and software as a service, shared services and joint venture initiatives, and M&A support. According to clients, the group’s ‘holistic approach goes much deeper than just contracts – it has provided significant strategic value’. Practice head Scott Hobby in Atlanta is commended for his ‘experience, innovation and responsiveness’ while John Miller wins praise for ‘maturity, business acumen and technical knowledge’. Charles Hollis and Sean Christy are also recommended. Clients include Hilton Worldwide, Equifax, TIAA-CREF and ScanSource.

Within M&A: middle-market (sub-$500m), Sutherland Asbill & Brennan LLP is a second tier firm,

Co-led by Eric Fenichel in Atlanta and Washington DC-based Cynthia Krus, financial services industry-focused Sutherland Asbill & Brennan LLP has a particularly strong record in the acquisition of publicly held companies, where it has represented buyers, sellers and special committees of independent directors, and is especially recommended for business development and life insurance-related M&A deals. It has also acted in financial restructurings that have involved asset spin-offs to stockholders, recapitalizations, stock-for-debt swaps and debt-for-debt swaps. The practice represented Allied Capital Corporation in its $850m acquisition by Ares Capital Corporation, marking the largest merger ever in the business development company industry. The team also served as lead outside counsel to First Data Corporation in the formation of Bank of America Merchant Services, a multibillion-dollar joint venture between First Data and Bank of America, which became the largest US processor of credit card transactions for merchants. Spectrum Brands was advised in its merger with Russell Hobbs to form a new global consumer products company with an estimated $3bn in annual revenue, the new company’s home appliance business unit featuring, in addition to Russell Hobbs, a variety of well-known consumer brands, including George Foreman, Black & Decker and Toastmaster. Patriot Capital Funding was assisted in connection with its merger with Prospect Capital Corporation. Clients praise the firm’s ‘overall very good service and its industry knowledge that exceeds expectations’.

Within Construction (including construction litigation), Sutherland Asbill & Brennan LLP is a third tier firm,

Sutherland Asbill & Brennan LLP assists clients from all segments of the construction industry, including owners, developers, construction managers, contractors and building materials firms. The construction team handles disputes and transactional work on a national level, and has a strong reputation on the East Coast. The 22-strong team of litigation attorneys also focuses on helping clients avoid or minimize disputes by providing on-site assistance and establishing procedures for scheduling, cost tracking, record keeping and claim notification. Recent work highlights include acting for contractor Dynalectric in a lawsuit for an eight-figure amount arising from the construction of the famous Wynn Hotel in Las Vegas. On the East Coast the firm is handling a significant case for Bovis Lend Lease in resolving disputes arising from the deconstruction of 130 Liberty Street; this was the site of the former Deutsche Bank building in downtown Manhattan, and was the last building to be removed from Ground Zero. Jennifer Fletcher heads the construction practice and is well respected by her peers. With over 25 years of experience, she has litigated in more than 20 states and is also skilled in handling arbitrations and mediations.

Within Real estate, tier 4

James Jordan heads Sutherland Asbill & Brennan LLP’s ‘excellent’ team of 25 attorneys. This ‘seasoned and wise’ group has a diverse practice with development projects being a particular strength. Jordan and Michael Kerman, who has a ‘tremendous amount of experience’ and displays ‘excellent judgment’, represented The Sembler Company on a large mixed-use development project in Atlanta involving 400,000 sq ft of traditional big-box tenants and 600 residential units. Alfred Adams and Jennifer Van Ness represented Ben Carter Properties, a longstanding client, on land assemblage, development, financing, leasing and its sales activities relating to the $1.2bn Streets of Buckhead project. The team also has experience in the industrial property development field, where Kerman recently acted for The Patillo Group on the development of a 250,000 sq ft facility in South Carolina for the production of Boeing 787 components. On the finance front, the team is representing UBS Realty Investors LLC on joint venture arrangements and debt financing of affordable condominium housing in Virginia, and on its acquisition of a resort hotel and multi-family projects in Florida.

Within Employee benefits and executive compensation, tier 4

Sutherland Asbill & Brennan LLP’s benefits and compensation group ‘has a sufficient number of benefits attorneys and clients to able to see a wide variety of topics and learn how others are responding’. Washington DC-based Jerome Libin leads a team which is ‘knowledgeable, thorough, responsive, and provides valuable advice’. In Atlanta, Alice Murtos ‘is without question a standout member of the employee benefits and executive compensation team – her in-depth employee benefits and executive compensation knowledge is phenomenal’. Washington DC-based Adam Cohen is ‘fantastic – very responsive, very current on issues and trends’. Carol Weiser and counsel Vanessa Scott served as counsel to Kraft Foods in connection with employee benefits and executive compensation issues in its $19bn acquisition of Cadbury.

Within International, tier 4

Sutherland Asbill & Brennan LLP’s international tax specialists won one of 2010’s major mandates when a team including Clifford Muller and J Randall Buchanan served as tax counsel to Kraft Foods in its $19.6bn acquisition of UK headquartered Cadbury plc. Robert Chase, who served on the Kraft Foods team, also advised Tyco Electronics in its $1.25bn acquisition of ADC.

Within Tax controversy, Sutherland Asbill & Brennan LLP is a third tier firm,

Sutherland Asbill & Brennan LLP has a 25-strong SALT group with ‘a very deep bench – probably the best state and local tax practice in the United States’. The expanding practice is chaired by Washington DC-based Jerome Libin, who has a ‘breadth of knowledge combined with his experience in tax litigation which permits him to provide advice from both a technical and practical viewpoint’. Atlanta’s Eric Tresh and Washington DC’s Jeffrey Friedman are ‘both top notch advisers and advocates who strike a prudent balance between aggressiveness and pragmatism’. The firm also continues to attract prestigious federal tax instructions; Kent Jones and Daniel Schlueter are leading the representation of Procter & Gamble in a $434m refund suit involving several issues, including a novel challenge to the IRS’ treatment of intercompany gross receipts in determining the amount of the research tax credit. In Atlanta, Jerold Cohen and Matthew Gries are recommended. Practice clients include General Electric and State Farm Mutual Auto Insurance.