The Legal 500

Weil, Gotshal & Manges LLP

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

Finance

Within Bank lending (including other sources of financing), Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLP’s attracts praise for its ‘practical and commercial mindset’. The ‘up-to-speed’ group operates from two main bases in Dallas and New York, and has expertise across a wealth of areas, notably in borrower transactions; the firm maintains a strong portfolio of private equity clients advised on a cross-practice basis. 2010 proved to be a solid year despite several clients not being as active as previously. Dallas-based Angela Fontana, who acts for a wide range of private equity clients, represented General Growth Properties, as sponsor, in a $300m revolving credit facility and a $1.5bn backstop term loan financing from bankruptcy. The team also acted for N.E.W. Holdings I/N.E.W. Customer Service Companies on $1.02bn term, revolving and unsecured credit facilities; the loan involved a dividend recapitalization transaction on a covenant-lite basis. Starwood Hotels and Resorts Worldwide also instructed the group, on the refinancing of its $1.5bn revolving credit facility. On the arranger side, the firm acted for American International Group and American General Finance Corporation on a $3bn term loan to AGFS Funding Company to refinance existing indebtedness and other purposes; and for key clients Citi and Deutsche Bank, as lead arrangers on a $1bn multi-currency revolving credit facility for International CCE, as backstop financing with a merger and spin-off. Danek Freeman was made partner in New York in 2010, joining well-respected head of the global finance practice Daniel Dokos and ‘top-deck intellect’ Douglas Urquhart.

Within Capital markets: debt offerings, Weil, Gotshal & Manges LLP is a second tier firm,

The ‘first-classWeil, Gotshal & Manges LLP continues to build an excellent profile in the capital markets arena for debt offerings advice to both issuer and manager clients, with a depth of experience across industries including media, healthcare, technology and hospitality. The team ‘does a great job’ and is highly visible in the markets, and co-heads of the New York-based practice Matthew Bloch and Rod Miller are both recommended for their securities expertise. Highlights of 2010 included David Lefkowitz’s advice provided to NBC Universal and General Electric in the $5.1bn senior unsecured notes offering by NBCU to part finance a joint venture. Bloch represented DIRECTV regarding a $3bn investment-grade senior notes offering pursuant to its shelf registration. Also on the issuer side, Miller advised MGM Resorts International in three offerings in 2010, comprising a $845m offering of senior secured notes, a private offering of $1.15bn convertible senior notes and a $500m senior notes offering. Acting for the underwriters, Miller represented JPMorgan Securities, Morgan Stanley, Banc of America Securities and Citigroup Global Markets in Microsoft’s first public debt offering of $3.75bn AAA investment-grade notes. Miller also advised Microsoft as issuer of a $4.75bn investment grade notes offering pursuant to its shelf registration. The group is also highly regarded for its superb track record in financial restructuring matters.

Within Capital markets: equity offerings, Weil, Gotshal & Manges LLP is a third tier firm,

Providing an ‘excellent level of service’, Weil, Gotshal & Manges LLP advises on a range of offerings, and the team is rated for its advice in ‘challenging and unusual equity transactions’. In 2010, the practice handled several instructions for issuer clients, and the team remains well versed in providing manager side advice. Practice co-head Matthew Bloch ‘works hard to deliver very positive results’, and recently assisted automatic standby generator manufacturer Generac Holdings in its $270m IPO. Bloch also provided advice to General Growth Properties in a $2.3bn SEC-registered equity offering to fund the client’s emergence from bankruptcy. Alongside Bloch, co-head Rod Miller is praised for his experience. Miller advised MGM Resorts International on a $587.8m public offering of common shares, and on a secondary offering by Tracinda Corporation. Following advice provided to solar panel components provider STR Holdings in connection with its $123m IPO in 2009, Alexander Lynch represented the company as issuer and also selling stockholders in a $151m secondary offering in April 2010. David Lefkowitz is also recommended, and advised Genworth Financial in a $648.6m public offering of common stock. GMP Securities, Archipelago Learning and General Electric all appear on the firm’s client roster, indicating its broad range of industry expertise.

Within Capital markets: high-yield debt offerings, Weil, Gotshal & Manges LLP is a third tier firm,

Led by Matthew Bloch and Rod Miller, the securities group at Weil, Gotshal & Manges LLP has notable high-yield experience, and a solid reputation for providing advice to manager clients. Sector strengths include technology, healthcare, entertainment and telecommunications. Miller and Corey Chivers represented JPMorgan Securities, Credit Suisse Securities (USA), Banc of America Securities, Barclays Capital, Citigroup Global Markets, Deutsche Bank Securities, Morgan Stanley and RBS Securities as counsel to the initial purchasers in New Communications Holdings’ $3.2bn offering of senior notes, made up of $500m 7.875% senior notes, $1.1bn 8.25% senior notes, $1.1bn 8.50% senior notes and $500m 8.75% senior notes. Miller also advised Goldman Sachs and Citi as representatives of the initial purchases in JohnsonDiversey’s $400m 8.25% senior notes offering, and Goldman Sachs, Citi and Morgan Stanley in a further $250m 10.50% senior notes offering. In the healthcare arena, Miller represented Banc of America Securities in a $500m high-yield senior notes offering by Capella Healthcare. David Lefkowitz is also active in the area.

Within Corporate restructuring, Weil, Gotshal & Manges LLP is a first tier firm,

The ‘best-known debtor-side practice in the country’, Weil, Gotshal & Manges LLP has built up tremendous expertise in this niche and has represented the company in the five largest US bankruptcies ever. With attorneys including the impressive Stephen Karotkin spread out across the firm’s New York, Washington DC and Texas offices, the department has the critical mass and the geographical diversity to handle mandates irrespective of size and location. Allied to the firm’s ‘superb bankruptcy knowledge’ is its ability to provide an excellent service in the concomitant areas of law such as tax, corporate, employment and finance – an essential facet in handling major debtor cases. Led by the ‘amazingly good’ Marcia Goldstein, the team is praised for its ‘excellent business sense and responsiveness’, as well as its ability to ‘know when to fight and when not to’. Such strategic nous was recently brought to the fore in its representation of General Growth Properties – one of the largest real estate bankruptcies in US history. Led by Goldstein and the ‘excellent’ Gary Holtzer, the team restructured $15bn in property-related mortgage loans. Aided in part by equity commitments of $6.8bn from various funds (one of the largest equity infusions ever in a Chapter 11 case), the firm successfully negotiated the company out of Chapter 11. Notably, the company’s stock was also relisted on the NYSE during the Chapter 11 cases. As well as the group’s much vaunted ongoing representation of Lehman Brothers, other notable debtor mandates included its recent successful reorganizations on behalf of both Extended Stay and Pilgrim’s Pride. The relatively recent return of ‘doyen of the debtor’s bar’ Harvey Miller was a tremendous fillip for the team and was seen by many as the catalyst behind achieving the much sought after Lehman Brothers mandate. ‘Probably the best restructuring attorney I have ever met’, according to one client, up-and-coming Houston-based Lydia Protopapas has a varied debtor and creditor practice that recently saw her advising Anadarko E&P Company on its $310m acquisition with Newfield Exploration Company of assets in bankrupt TXCO Resources, a gas exploration and production company. Also based in Houston, Alfredo Perez is ‘particularly effective at assisting with business decisions and advising on how they will affect, or be affected by bankruptcy’. Along with the ‘accomplished’ New York-based Joseph Smolinsky, Perez recently represented BearingPoint in the filing of its pre-arranged Chapter 11 case with approximately $2.23bn of debt. Although the practice is best-known for its debtor expertise, a glance at its client roster indicates that it is more than a “one-trick-pony”, with clients including lenders such as Credit Suisse and Citigroup, as well as funds including GE Capital and Washington Mutual.

Within Structured finance , Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLPexcels in innovation but is too expensive for routine stuff’. Clients note that the structured finance group, with some 30 lawyers globally, ‘staffs appropriately, there arent too many timekeepers on the bill’. Strong in securitization and derivatives advice, the team has been involved in some of the largest high-profile structured finance-related restructuring assignments of recent years including AIG, Lehman, MBIA and Syncora. Heavyweight partners contributing to these long-term matters include Robert Chiperfield, Eric Peterman and Nancy Lynch. The group has also attracted some of the major ‘new money’ programs. In a representative matter, Frank Nocco led the work for American General Finance Corporation and a subsidiary in the issuance of $717m of pass-through certificates collateralized by approximately $1bn of first-lien residential mortgages, one of the few RMBS transactions closed since the financial crisis began, and the first non-TALF-supported RMBS transaction. In a firm auto-loan market, Jason Smith advised Hertz Corporation (Hertz) and a special purpose subsidiary Hertz Vehicle Financing in the issuance of $2.1bn variable funding rental car asset-backed notes to finance rental car purchases. All members of the team are based in New York. The practice also acts for Morgan Stanley, General Motors, Hexagon Securities, Advanta and Vanguard Car Rental.

Industry focus

Within Environment: transaction and regulatory, Weil, Gotshal & Manges LLP is a third tier firm,

Clients state that Weil, Gotshal & Manges LLP is ‘great in all aspects’ and ‘compares very favorably on both quality and value for services provided’. The team handles the environmental aspects of corporate transactions including mergers, acquisitions, divestitures, financings, restructurings, liquidations, as well as special projects involving real estate, infrastructure development, public disclosure and loan guarantees. The firm represents Motors Liquidation Company’s in-house environmental counsel on day-to-day environmental issues including those involving permitting, regulatory reporting requirements and other compliance issues. In addition, the firm has represented the client, then General Motors, in all aspects of environmental law since Motors Liquidation Company filed for protection under Chapter 11 of the Bankruptcy Code. Specifically, the firm has assisted the client estimate current environmental liabilities at each of its more than 90 owned sites in an effort to negotiate and enter into a historic global settlement of those liabilities with the US and various state governments. Highlights also included acting for Lindsay Goldberg in its acquisition of PSC, a provider of hazardous waste treatment and disposal services, industrial cleaning, environmental, remediation, and transportation services. The transaction involved investigating environmental conditions at more than 100 sites, including 15 hazardous waste treatment, storage and disposal facilities located throughout the US. The environmental team coordinated the due diligence process, worked with the buyer to ensure that it understood the environmental risks, and negotiated contract terms. Active clients also include American Securities Capital Partners, Crow Holdings, Darling International, General Electric and its affiliates, Lehman Brothers Holdings and Seacor Holdings. Washington DC-based David Berz heads the team and comes highly recommended by clients. Washington DC-based Annemargaret Connolly is also recommended and is particularly active in transactional matters.

Intellectual property

Within Patent licensing and transactional , Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLP represents clients in all stages of development, from start-ups to established companies, and is adept at complex and strategic transactions and cutting-edge technology matters. The team also has niche capabilities in complex licensing and technology dispositions entered into as a result of patent litigation settlements. The practice group works across industries including pharmaceuticals/biotech, software, hardware, semiconductors, consumer products, energy, and financial services. The team of four partners based mainly in New York, is recommended. Michael Epstein, who is also well versed in litigation, Jeffrey Osterman and Charan Sandhu all have extensive experience in the field, as does Karen Ballack in San Francisco. Work highlights included advising Apple on all aspects of its patent licensing; representing GE Aviation on its joint venture with Aviation Industry Corporation of China; and representing Texas Instruments on both the sale of its cable modem product line to Intel and its purchase of two Japanese semiconductor wafer fabs. Key clients include Eli Lilly, Estée Lauder, General Motors, Getty Images, Microsoft, Panasonic, Procter & Gamble and Samsung.

Within Patent litigation: full coverage, Weil, Gotshal & Manges LLP is a first tier firm,

The ‘excellentWeil, Gotshal & Manges LLPdelivers the level of service you would expect from a top-flight, world-class firm’, as illustrated by a client roster that includes leading global names across a range of technologies, although Vernon Winters and Nicholas Brown moved to Greenberg Traurig LLP in 2010, while Douglas Lumish and former counsel Jeffrey Homrig left for Kasowitz, Benson, Torres & Friedman LLP. Nicholas Groombridge co-heads the national practice and is ‘brilliant, practical, terrific in front of a jury, and a nice person to boot’, while fellow co-head Jared Bobrow has extensive lead counsel experience. Groombridge represented Life Technologies against Illumina in a battle between the major biotech rivals, with a Markman hearing ruling in favor of Life Technologies on the majority of the disputed patents. Global litigation head Matthew Powers and Mark Davis have been representing Apple in its ongoing dispute with Motorola before the district court and ITC. Powers also represented Merck/Schering in a successful appeal court ruling against Teva, which challenged its patent for brain cancer drug Temodar. Associate Audrey Maness is ‘a real rising star’.

Within Patent litigation: International Trade Commission, Weil, Gotshal & Manges LLP is a third tier firm,

Weil, Gotshal & Manges LLP’s patent litigation expertise and broad sector coverage, combined with a strong hi-tech client base, have enabled the practice to remain involved in significant Section 337 investigations for high-profile names such as Apple. Mark Davis and Matthew Powers form part of a cross-office team that acted on a number of lawsuits against both Motorola and Elan Microelectronics regarding smartphone, touchpad and other hi-tech products. Davis has particular experience in patent litigation before the ITC, and Powers has wide-ranging trial experience.

Within Trademarks: litigation, tier 5

Weil, Gotshal & Manges LLP’s well-regarded IP and media litigation group is perceived as being highly pragmatic and business-oriented with good depth of expertise at both partner and associate level. Practice chair Bruce Rich and Benjamin Marks are noted for their ability to write strong briefs as well as being good on their feet, while Randi Singer and commercial litigator Bruce Meyer provide ‘solid and practical advice delivered in a very responsive manner’. The team has developed a strong reputation through its representation in arguably the most closely watched trademark dispute in recent years, Tiffany v eBay. A team consisting of Rich, Singer, Meyer and counsel Jonathan Bloom successfully represented eBay at district, Second Circuit appeal and Supreme Court levels against an allegation that it was responsible for monitoring counterfeit products offered on its website; the plaintiff’s argument was rejected to affirm that eBay did take appropriate action against counterfeit items, a false advertising claim was also dismissed and finally, a petition for certiorari was also denied. The case garnered huge interest in what was a potentially major challenge to major e-commerce businesses involved in third-party trading, with names such as Yahoo! and Google involved in amicus briefs. Rich focuses on the internet, communications and entertainment sectors, and has helped develop the practice’s reputation in acting for prominent names in high-profile disputes. Singer’s previous experience includes achieving a favorable settlement for Procter & Gamble as defendant in a false advertising proceeding against Kimberly-Clark.

Investment fund formation and management

Within Alternative/hedge funds, Weil, Gotshal & Manges LLP is a third tier firm,

Weil, Gotshal & Manges LLP’s ten-partner team routinely advises on a broad range of hedge and alternative fund matters, including public and private acquisitions, restructuring, PIPEs and minority investments, and can call on its wider European and Asian network on cross-border matters where necessary. Its client base includes some 20 blue-chip hedge funds, with prominent names such as DE Shaw and Eton Park showing that this practice can stand alongside the firm’s renowned private equity practice. The team has a deliberate focus on sizeable, complex transactions and advised on some key deals in 2010: for example, it acted for UK-based asset management firm Man Group on its acquisition of GLG Partners, effectively creating a hedge fund giant managing $63bn in assets. It also represented Harbinger Capital Partners in the take-private transaction of LightSquared, a $1.85bn mobile satellite services provider, and advised Fortress on restructuring Florida East Coast Industries’ $1.6bn debts, one of the largest out-of-court restructurings in 2010. Boston-based Joseph Basile co-chairs the practice alongside Doug Warner, who operates out of New York alongside the majority of the US team. Jeffrey Tabak is also recommended.

Within Private equity funds, Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLP’s ‘industry knowledge and quality of service is uniformly excellent, and compares very favorably with most investment management practices’. Five partners focus on private equity fund formation and M&A across the New York and Boston offices, and the firm has made a concerted effort to strengthen its global investment management platform by adding fund formation capability in Hong Kong. The practice handles the full suite of fund formation and management matters, and can offer commercial advice during the investment process and beyond as well as extensive regulatory expertise. It has been acting for multiple sponsors on closing multibillion-dollar funds in a challenging market. Recent highlights include representing WL Ross & Co on forming WLR Recovery Fund, a private equity fund targeting $4bn of commitments to invest in companies experiencing financial distress or operating in distressed industries. Other clients include Genstar Capital LLC, UBS Financial Services, and Guggenheim Partners. New York-based Shukie Grossman is ‘very good and understands the market, and current practices and terms for complex transactions’, while Jonathon Soler is ‘always available, always timely with work, always knows his stuff or quickly gets thoughtful answers’. Jeffrey Tabak co-heads the practice from New York and is also recommended.

Labor and employment

Within Labor and employment litigation, Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLP’s deliberately small labor and employment team packs an impressive punch and has an enviable client list to prove it. The group focuses on complex, multidisciplinary problems, such as class and mass actions, large scale reductions in force, executive compensation and separation agreements, restrictive covenant and trade secrets litigation involving key personnel, and the full breadth of issues arising from mergers, acquisitions, corporate restructurings and bankruptcies. ‘For high stakes matters – where a positive outcome is a must – I have found no comparable firm’. ‘The judgment from the labor and employment team is perfect. I always get the best legal advice, which is optimized to the business issues, corporate environment and needs, and individual case considerations. Moreover, there is a strong commitment to top client service, manifested in quick response times and high-quality work product’. The firm has recently advised on a raft of high-profile matters. In McReynolds v Merrill Lynch, Pierce, Fenner & Smith, Inc, it defeated a motion for certification of a nationwide class on behalf of Merrill Lynch in a case alleging race discrimination. The ruling followed three years of discovery on class certification issues. During this time frame, other brokerage firms settled similar claims for millions of dollars, rather than risk an adverse ruling on class certification. The firm was also retained by Gate Gourmet and Gate Safe to defend them in two related complex nationwide class and collective actions involving wage and hour claims brought under both federal and California law, and managed to negotiate a very favorable settlement for its client. Gary Friedman’s ‘technical skills are excellent and he is always keen to offer strong and effective solutions’. Jeffrey Klein is recommended for his ‘unprecedented responsiveness, pragmatic and balanced advice, his willingness to invest in a long term relationships and his decisive ability to translate cutting edge legal issues to meaningful advice’. Employment bankruptcy law expert Lawrence Baer is also recommended.

Within Workplace and employment counseling, Weil, Gotshal & Manges LLP is a second tier firm,

Clients turn to Weil, Gotshal & Manges LLP for advice and counseling on the most complex and often most sensitive matters. The firm was recently retained by a world-renowned premium food services retailer to advise it in connection with claims of disparate treatment and disparate impact with respect to gender, race and national origin in connection with this retailer’s nationwide hiring practices. In another matter, a major global financial institution tapped the firm to navigate claims of systemic gender discrimination among its senior executive ranks within its investment banking unit with respect to hiring, terminations, compensation and promotions. The firm defused this potential class case, and obtained an extremely favorable resolution for the financial services firm. Also of note, the firm was hired by a global new economy company to represent it in a high-profile investigation by the US Department of Labor into the classification of tens of thousands of home workers as independent contractors, rather than “employees,” under the Fair Labor Standards Act. It was also hired by the general counsel of a European-based pharmaceutical company to advise the company’s board and handle sensitive and complex issues concerning the terminations of the CEO and CFO of the drug company’s US subsidiary. More specifically, the firm was also recently retained by The Gores Group to formulate and execute a labor strategy in connection with the purchase of the assets of National Envelope Corporation, the world’s second largest envelope maker, in a United States Bankruptcy Court supervised auction and sale. The firm pre-negotiated and entered into five collective bargaining agreements and three shutdown agreements with the United Steelworkers, the International Brotherhood of Teamsters and UNITE/HERE, covering 1,400 employees in five facilities. Other clients include the University of Notre Dame, Daymon Worldwide and the Nicklaus Companies. Gary Friedman and Jeffrey Klein ‘have continuously provided the highest quality legal advice. Their teams are distinguished by creativity and judgment that has frequently assisted us in reaching very advantageous resolutions’. Mark Jacoby and Lawrence Baer are also highly regarded employment law specialists who undertake counseling for their clients.

Litigation

Within International trade, Weil, Gotshal & Manges LLP is a second tier firm,

Despite the departure of Joanne Osendarp and John Ryan to Hughes Hubbard & Reed LLP, Weil, Gotshal & Manges LLP retains significant capability in the international trade field. The firm’s experience includes antidumping, countervailing duty, safeguards and other trade remedy proceedings; WTO and NAFTA dispute avoidance and resolution; investment arbitrations under NAFTA and bilateral investment treaties; state to state arbitrations; international trade negotiations; public policy counseling; customs compliance; economic sanctions, export controls, and anti-boycott issues; international intellectual property protection; national security reviews of foreign investment; and Foreign Corrupt Practices Act (FCPA) compliance. The practice has particular expertise in economic regulatory laws and regularly advises clients on internal investigations and disclosures, diligence for various corporate transactions and designing compliance programs. The firm acted for the two largest Mexican producers of copper pipe and tube, as respondents in antidumping proceedings before the US International Trade Commission and the US Department of Commerce. The Department of Commerce and International Trade Commission issued final determinations and the respondents are currently in the process of reviewing those determinations regarding appeals. Chip Roh is the name to note.

Within Leading trial lawyers Leading trial lawyers

Within Securities: shareholder litigation, Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLPis the epitome of the “bet the farm” litigation firm. If price is no object you go to it’. The firm’s ‘outstanding’ securities litigation partners ‘are extremely commercial in their advice and know when to fight hard and when to do a deal. They are extremely thorough and will leave no rock unturned.’ The ‘extremely efficient’ practice is ‘extremely well versed in the different angles associated with complex shareholder litigation’. ‘You are not going to find a stronger team than the one led by Joseph Allerhand ’, who is commended for being ‘quick on his toes and has excellent judgment. He sees the big picture’. Scott Cohen is ‘one of the best lawyers I know’. The ‘excellent’ James Quinn also comes highly recommended. Recent highlights for the firm include obtaining a victory for AIG in the Court of Appeals for the Second Circuit, which affirmed the dismissal of all claims in a shareholder derivative action, which asserted breach of fiduciary duty and mismanagement claims arising out of subprime credit default swap losses that led to the federal rescue in 2008. The firm also secured a complete victory on behalf of clients Tishman Speyer Development Corporation, Archstone-Smith Operating Trust, Archstone-Smith Trust and former officers and trustees in a securities class action based on the $22bn LBO of Archstone by affiliates of Tishman Speyer and Lehman Brothers; the case alleged securities violations, which were ultimately dismissed.

Within Trade secrets, Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLP’s trade secrets and restrictive employment expertise is spearheaded by employment litigation partners Jeffrey Klein and Gary Friedman, who have been instrumental in securing significant victories in restrictive covenant cases on behalf of Apple, United Health Group and insurance group March USA. Litigation partners in Boston, Silicon Valley – for IP patent-related issues – and newly-made partner Michelle Hartmann in Dallas have litigated and counseled clients in numerous different business sectors from pharmaceutical and biotechnology to computing, internet, healthcare, insurance and financial services. The group has recently achieved a potentially seminal federal court decision relating to the enforceability of garden leave provisions in financial services sector executive employment contracts. Gary Friedman was recently instructed by the Bank of Montreal to find a remedy for abuses by former employees who misappropriated trade secrets and other confidential data. A successful result was achieved using novel e-discovery strategies and analytics.

Within White-collar criminal defense , tier 6

Primarily based out of New York and Washington DC, Weil, Gotshal & Manges LLP’s 10-partner team provides an ‘excellent’ service to a host of corporates and financial institutions, many of which are institutional clients of the firm. Leveraging off the firm’s ‘pre-eminent reputation for corporate governance’, the group’s sweet-spot is representing corporates, audit committees or boards of directors in internal investigations – whether at the behest of the government or on their own initiative. Indeed much of the firm’s prowess lies in its ability to prevent entities from falling foul of the regulators through establishing robust corporate governance procedures. Able to tap into a highly accomplished securities litigation group, the practice is also able to seamlessly work on mandates involving multiple actions including agency investigations and the accompanying private actions that regularly come off the back of this. A former federal prosecutor, Jonathan Polkes co-heads the firm’s securities litigation practice, although he also has a foot in the white-collar group. Instructed by many high-profile clients caught up in the financial crisis, for example, Polkes is overseeing a vast docket of criminal and regulatory investigations and civil litigation arising from the collapse of Lehman Brothers. Former DOJ fraud chief Washington DC-based Steven Tyrrell co-heads the team along with Boston-based Thomas Frongillo that includes a number of ‘solid and good practitioners’.

Media, technology and telecoms

Within Technology: transactions, Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLP’s five-partner group in New York and Silicon Valley combines IP and licensing expertise with outstanding transactional prowess. Clients commend lawyers’ ‘industry knowledge, business acumen, responsiveness and terrific judgment’. In New York, Michael Epstein and Jeffrey Osterman undertake ‘complex multinational transactions’ for financial and corporate clients. Osterman, who clients consider ‘knowledgeable, responsive and understands our business’, assisted CA Technologies with its acquisition of Arcot Systems. Epstein advises technology clients, notably Hulu, on IP issues. Along with Karen Ballack in Silicon Valley, he represented Panasonic in licensing arrangements and integration of services such as YouTube, Amazon Video on Demand and Netflix into network enabled televisions. Charan Sandhu represented NBC Universal and parent General Electric in GE’s joint venture with Comcast that includes ownership of NBC Universal and Comcast’s cable channels and regional sports networks, Other key clients include Apple, Aruba Networks, Getty Images, Hulu, Microsoft and Symantec.

Within Telecoms and broadcast: transactional, Weil, Gotshal & Manges LLP is a third tier firm,

Although Weil, Gotshal & Manges LLP does not offer the same regulatory capability as some of its Washington DC competitors, its telecom and broadcast transactional group handles some of the largest and most significant big-ticket transactions in the sector. Led by Howard Chatzinoff and Frederick Green, co-chairmen of the firm’s M&A practice, it represents prominent industry players, as well as large investors making acquisitions in the communications space. Key members of the New York-based team include private-equity specialist Michael Weisser, and IP media specialists Michael Epstein, Jeffrey Osterman, Charan Sandhu and Michael Aiello. The practice is respected for its ‘thorough understanding of the law and ability to translate that into practical advice on a speedy basis’. The practice continued to benefit from convergence in the telecoms and broadcasting industry, representing General Electric and NBC Universal in the $37.3bn joint venture with Comcast. Together with Michael Lubowitz, and tax partner Marc Silberberg, Green advised DirecTV in an approximately $900m recapitalization. The group also handles cross-border and international work, notably advising Univision Communications, the leading Spanish-language broadcaster on the $1.2bn investment by Grupo Televisa, Mexico’s top TV broadcaster. ‘Tenacious negotiator’ Bruce Rich is recommended for his ‘deep experience and great attention to detail’. Key clients include Bresnan Communications, CBS, Providence Equity Partners and The Walt Disney Company.

Mergers, acquisitions and buyouts

Within Antitrust, Weil, Gotshal & Manges LLP is a third tier firm,

Weil, Gotshal & Manges LLP’s team is regularly praised for giving ‘professional, frank and honest’ advice. The group has high-caliber attorneys in both its New York and Washington DC offices in the merger, litigation and criminal and cartel fields. Global co-head of the practice Helene Jaffe, who is highly recommended, takes the lead on a variety of issues for major companies such as GlaxoSmithKline, General Electric and General Motors. Ann Malester, whose clients include Panasonic, Abbott Laboratories and Procter & Gamble, is ‘superb at what she does’ and ‘combines her years of experience at the FTC and her in-depth understanding of the law to give very high quality advice’. Rising star Adam Hemlock, who is appreciated as someone with whom clients ‘can exchange opinions and thoughts very frankly’, specializes in cartel work and notably also has extensive experience representing Japanese clients in antitrust matters. Malester and Hemlock represented Panasonic on its $9bn acquisition of Sanyo in the US, EU and various foreign jurisdictions, which required only limited divestitures relative to the size and complexity of the transaction. Jaffe’s practice co-head Steven Newborn, previously director of litigation at the FTC’s Bureau of Competition, advised ExxonMobil on its $41bn acquisition of XTO, one of the largest energy mergers in recent years, which was cleared with no undertakings. Recent litigation highlights include acting for MovieTickets.com in reaching a favorable settlement following a consumer class action brought against MovieTickets.com and Webloyalty.com based on the latter’s allegedly deceptive advertisements for its membership-based discount programs. The group has provided cartel advice to clients including ExxonMobil, Panasonic, Pirelli, Vantec and Prym.

Within M&A: mega-deals ($5bn+), Weil, Gotshal & Manges LLP is a third tier firm,

Weil, Gotshal & Manges LLP’s ‘name elicits fear in the hearts of the adversary’. All its lawyers are reported to be ‘strong at solving problems with practical solutions and get the job done in a smart, efficient manner. They are excellent and I would recommend them to anyone’. During 2010, the M&A team successfully expanded its practice with significant new clients, such as French conglomerate Safran, Man Group and Eli Lilly, while international pharmaceutical company Sanofi-Aventis, CA Technologies, Abbott Laboratories and Microsoft are also recent M&A clients added to the practice. The firm is focused on certain sectors which are currently highly active in the M&A arena, such as media and entertainment, and life sciences. Standout matters included representing General Electric and NBC Universal in the approximately $37.3bn joint venture with Comcast, one of the largest media deals in recent years and GE’s largest ever. It also acted for Sanofi-Aventis in its $18.5bn takeover offer for Genzyme, a Massachusetts-based biotechnology company, marking the company’s first acquisition of a US biotech company. CBS Sports was assisted in a $10.8bn, 14-year television, internet and wireless rights agreement with the NCAA to present the Division I Men’s Basketball Championship. For some clients, the firm is one of the stronger New York-based firms operating in Silicon Valley. Silcon Valley managing partner Craig Adas is ‘a real professional and a pleasure to work with. I would welcome the chance to do it again. He is a very skillful negotiator who always acts calmly and deliberately while achieving good results for us, and he does not lose his cool during sometimes-heated negotiations’.

Within Private equity buyouts, Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLP has an impressively broad practice with a mighty global presence and a particularly strong record in the distressed M&A and restructuring sector, with the private equity department frequently working alongside the firm’s premier bankruptcy practice. The firm also has a formidable fund formation practice. With key centres of expertise in Boston, New York and Dallas, the firm has developed a very credible worldwide practice, with further expertise in Europe (particularly UK and Germany) and Asia (especially China). Clients consistently praise its responsiveness and ability to ‘routinely mobilize resources from across the firm’. Clients also recognise its ‘understanding’ of the industry, ‘practical solutions’, ‘willingness to go the extra mile’, and ‘professional’ and ‘user-friendly’ approach. One client goes as far as to say it is ‘an extension of our company’. The firm has over 40 private equity sponsor clients, which span mega-funds, middle-market funds, distressed M&A funds, hedge funds, sovereign wealth funds and pensions funds. Key clients include Thomas H Lee Partners, Providence Equity Partners, Advent International, Lindsay Goldberg and Oak Hill Capital. Deal highlights included its advice to Lindsay Goldberg portfolio company Keystone Foods on its $1.26bn sale to Marfrig Alimentos, Latin America’s second-largest beef producer. It also represented Providence Equity Partners portfolio company Bresnan Communications on its $1.36bn sale to Cablevision, and advised Thomas H Lee Partners on its $2.2bn acquisition of Acosta. Notable partners include Dallas-based co-head of the private equity practice Glenn West and fellow co-head and Boston managing partner James Westra, who is ‘excellent’, ‘even-keeled’, ‘commercial’, ‘smart’ and ‘experienced’. Westra’s Boston colleague Marilyn French also impresses clients. New York senior figure Doug Warner is also commended, as is fellow New York partner Michael Weisser, who has closed a series of major deals for Providence Equity Partners and Lindsay Goldberg.

Real estate and construction

Within Real estate, Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLP’s real estate group is co-chaired by the New York pair of Philip Rosen and Michael Bond. Bond represented Lehman Brothers, as debtor-in-possession, in a multibillion-dollar restructuring involving commercial real estate assets. Rosen, Malcolm Landau and Frederick Green represented General Growth Properties on various matters during its bankruptcy including the $8.5bn recapitalization transaction involving Brookfield Asset Management, Fairholme Capital Management and Pershing Square Capital Management. The team also created a unique restructuring plan to handle the stack of mezzanine debt held by Extended Stay Hotels and its affiliates, which allowed the client to emerge from bankruptcy under the ownership of a group led by Centerbridge Partners, Paulson & Co, and affiliates of The Blackstone Group. Rosen also recently represented Trump Entertainment Resorts in a high-profile bankruptcy reorganization of a casino; the reorganization plan came into effect by way of a successful confirmation hearing, demonstrating the firm’s capabilities in litigation. New clients of the group include Centro Retail Trust, Tishman Speyer and NorthStar Investments.

Tax

Within Domestic tax: East Coast, Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLPalways provides appropriate resources -the responsiveness is always timely and the costs are fair’. The 20-partner East Coast tax practice is substantially based in New York, with smaller contingents in Washington DC and Boston. The tax lawyers ‘work seamlessly with one another – which ensures the highest level of efficiency’, and also co-operate effectively with other practice groups on complex instructions, ranging from M&A transactions to private equity fund formation, capital markets issues, and corporate restructuring. Kenneth Heitner, a leader in complex transactions, and Martin Pollack, with his large financial institution client following, co-chair of the firm’s global tax practice. Stuart Goldring, ‘very busy, but that’s never a problem, he’s always reachable and up to speed’, is an expert in the tax complications of restructuring, continues to work with Kimberly Blanchard advising Motors Liquidation Company, the ‘old General Motors’, in its wind-down. Scott Sontag is ‘a strong young partner who is pragmatic and business savvy as well as technical, and communicates effectively’, and in Boston, Joseph Newberg ‘has a vast depth of technical knowledge and experience to draw upon, and is a pleasure to work with’. Mark Hoenig advised AIG in its complex and high-profile group restructuring and spin-offs, and Trump Entertainment in connection with its reorganization. Clients of the practice include Goldman Sachs, Lazard, Lehman Brothers, Macquarie and Providence Equity Partners.

Within Employee benefits and executive compensation, Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLP’s New York-based executive compensation and employee benefits lawyers are ‘very responsive and knowledgeable, and their advice is always sound and well thought out’. The group has a comprehensive breadth of expertise in the EBEC area and plays an integral part in virtually every corporate transaction handled by the firm. Michael Kam is ‘especially strong in all employee issues, he can quickly assess the issue and provide creative recommendations and solutions’, and Amy Rubin is ‘extremely responsive and knowledgeable’. In late 2010, Andrew Gaines counseled French aerospace and security conglomerate Safran on the benefits and compensation issues of its $1.19bn acquisition of a majority stake in US biometrics company, L-1 Identity Solutions, and represented Estée Lauder in its acquisition of Smashbox Beauty Cosmetics. Other active or recent clients of the practice group include AIG, Cardinal Health, Lehman, GE and GM.

Within International, Weil, Gotshal & Manges LLP is a second tier firm,

Weil, Gotshal & Manges LLP’s 22-partner US tax team, commended for in-depth knowledge and efficient service, ‘sits at the top table in tax’. The group, most of which is based in New York, handles a steady flow of high-value, complex international assignments. The firm’s main strength is in transactional and advisory work, with a particularly strong following in the private equity sector. In New York, recommended lawyers include Mark Hoenig, who recently provided tax advice to General Electric Capital in the sale of its consumer mortgage business in Mexico, including its $2bn consumer mortgage portfolio, to Grupo Financiero Santander Mexico. Kimberly Blanchard acted as tax counsel to the UK-based Man Group in its $1.6bn cash and stock acquisition of US-based asset management firm GLG Partners. In Washington DC, David Bower represented Oak Hill Advisors in connection with a multi-million investment in Avolon Aerospace Limited, an Ireland-based aircraft leasing company. In the same office, Carolyn DuPuy’s practice includes deep knowledge of the foreign tax credit and anti-deferral provisions of the tax code. Patrick Jackman left the firm to join KPMG. Practice clients include Brookfield Asset Management, Lazard, Macquarie and Providence Equity Partners.


What we say worldwide

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China

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Czech Republic

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Germany

Offices in Munich and Frankfurt

France

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Hong Kong

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Hungary

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London

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Legal Developments worldwide

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