The Legal 500

White & Case LLP

What we say about the firm's legal practice in US

Finance

Within Asset finance and leasing: National,

White & Case LLP

PRACTICE: Driven out of its New York headquarters and aided by lawyers in its Los Angeles and Miami offices, White & Case LLP’s 11-partner asset finance practice is ‘knowledgeable, very thorough and hard-working’, say clients. Conversant with transactions across all equipment financings, clients appreciate the firm’s full-service approach, which means that it ‘has the resources to provide clients with advice on all aspects of a transaction including tax and bankruptcy’.

‘With access to legal professionals in almost all jurisdictions’, clients also appreciate its ability to provide seamless advice on transactions requiring cross-border input. For example, the department recently advised Avianca on its first export credit supported financing for two A319 and A320 aircraft, a matter involving documents governed by a combination of US, UK and Panama law. Led out of New York and aided by lawyers in London, the transaction was structured to allow Avianca to obtain US registration for the aircraft.

Indeed, the firm’s international reach and diverse client base have to some extent insulated it from the vagaries of the market. Clients include banks, lessors, lessees, aircraft and engine manufacturers. Financial institutions, however, still account for a significant proportion of the practice’s asset finance work. For example, it has advised BNP Paribas on a variety of matters, including a French tax lease supported by US Ex-Im Bank for multiple aircraft for operation by a Brazilian low-cost carrier.

Clients praise an array of ‘bright, hard-working, personable and seasoned attorneys’, whose asset financing capability also includes shipping and rail transactions - for example, it recently advised MTR on its merger with Kowloon-Canton Railway.

CLIENTS: Clients include ABN AMRO, Babcock & Brown, BNP Paribas, Calyon Bank, Citibank, Deutsche Bank, KfW, Nordea Bank of Finland, SK Shipping, Essent, Boeing Capital, Varde Partners and Verbund.

INDIVIDUALS: ‘Intelligent and articulate’, New York-based partner Lawrence Gannon is head of the firm’s worldwide asset finance practice group. Gannon’s broad-based practice encompasses asset and project finance work for lessees, lenders, credit support providers, underwriters and sponsors. ‘He has a wealth of experience working on complex transactions and is able to quickly identify issues, as well as provide workable solutions’, summarizes one client.

‘Truly impressive and seemingly without ego’, New York-based partner James Hayden specializes in advising on the tax implications of asset finance transactions, including portfolio sales and financings, equipment leases and aircraft finance.

‘Exceptionally attentive and responsive’, New York-based partner Michael Smith is ‘an extremely knowledgeable and experienced aircraft finance attorney’, say clients.

Based in New York, Someera Khokhar ‘inspires immediate confidence’ to financial institutions and lessors in the aviation industry. ‘Her understanding of the subtleties of the documentation and her negotiating skills were invaluable’, states one client.

Other honorable mentions include New York-based partner Ray Simon commended for his ‘ability to explain complex tax issues in plain English’, and Los Angeles-based James Cairns, ‘who works tirelessly for his clients’.

Within Bank lending: National,

White & Case LLP

PRACTICE: Benefiting from a huge international footprint and the ability to provide integrated bank and bond advice on leveraged transactions, New York headquartered heavyweight, White & Case LLP, offers ‘excellent’ advice to a largely lender focused client base across the full range of leveraged transactions. While the firm can no longer boast the same deeply entrenched ties with all of the major US banks that it once had, it has ‘superb relationships with many foreign banks’, where Deutsche Bank remains a core client.

Clients call the attorneys, ‘extremely knowledgeable’, and note that the practice’s sweet-spot lies in its ability to advise on complex, cutting-edge deals, often involving cross-border issues. For example, it recently advised Deutsche Bank, Credit Suisse and JPMorgan, as arrangers with a $1.3bn bridge facility and $2.45bn senior facility to Fresenius. In a deal that was originally sourced out of London, the matter was taken over by the New York office when the client determined it should be governed by US law.

Other highlights include representing a group of underwriters and arrangers, including Citigroup and Merrill Lynch, in a commitment to provide up to $13bn of senior unsecured term loan financing to Dow Chemical.

CLIENTS: Clients include Deutsche Bank, Goldman Sachs, Citibank, Bank of America, Jefferies Co, DNB NOR, Morgan Stanley and Credit Lyonnais.

INDIVIDUALS: New York-based department head Eric Berg is ‘extremely talented’, say clients, and has an excellent reputation among lenders.

Head of the Los Angeles office’s corporate and financial services department, Neil Rust is ‘an outstanding and user-friendly counsel’, say clients.

Executive partner of the firm’s New York office, David Koschik maintains an active lender-side practice in acquisition and highly leveraged financings, and is regularly instructed by cornerstone client, Deutsche Bank.

Within Bankruptcy: District of Columbia,

White & Case LLP

PRACTICE: White & Case LLP’s Washington DC office houses two bankruptcy and reconstruction partners, both of whom are members of the global practice. The core expertise in Washington DC is in cross-border bankruptcy and reorganization. The partners have acted in numerous complex cases involving multi-jurisdictional issues.

Representations include a Russian company that is the largest creditor in related bankruptcy cases pending in both the US and Switzerland, and several European space agencies in connection with a satellite company subject to bankruptcy proceedings in Washington DC.

CLIENTS: Clients include the International Finance Corporation, Discovery Communications and SunGard Data Systems.

INDIVIDUALS: Sam Alberts leads the Washington DC practice. He has broad experience in international bankruptcy and is representing several creditors in various Lehman Brothers cases pending in the US and Europe.

Within Capital markets: debt offerings: National,

White & Case LLP

PRACTICE: While White & Case LLP has not enjoyed as larger share of the market as a number of its competitors, it has acted on billion’s of debt transactions in 2007/08, and on some of the most complex and largest national and international matters for a large range of manager clients, including several matters for the Canada Housing Trust and Well Point on the issuer side.

On the manager side, the practice has acted for Citibank as administrative agent, and Citigroup and Banc of America as joint lead arrangers and joint book-runners, with respect to $1.6bn of senior unsecured credit facilities provided to Owens Corning in connection with its emergence from Chapter 11 bankruptcy.

The practice also represented Canada Housing Trust as issuer, and Canada Mortgage and Housing Corporation as guarantor regarding the offering and sale of CAD$11bn Canada mortgage bonds. The matter was part of the largest debt offering in Canadian history, as well as one of the largest AAA-rated bond offerings by a non-US government-related issuer.

CLIENTS: The practice’s impressive manager client list includes Banc of America, Goldman Sachs and UBS, while issuer clients include Canada Housing Trust, Canada Mortgage and Housing Corporation, and WellPoint.

INDIVIDUALS: New York-based partner Kevin Keogh has acted as lead partner on the majority of leading debt matters carried out by the firm.

Within Capital markets: equity offerings: National,

White & Case LLP

PRACTICE: Described by clients as being ‘simply the best in the business’, White & Case LLP has in 2008 taken on impressively large matters for issuer clients. For instance, the highlight of the year for the practice has to be its representation of Visa in the client’s $19.7bn IPO and its listing on the NYSE, the largest IPO in US history.

There is a view that the firm’s strong international links, particularly with Latin America, may hinder its national strength in the capital markets arena, with clients noting that they turn to the firm due to ‘past experience, reputation and fact that the firm is on our global approved list’. This is of course a huge compliment to the firm’s international capabilities, but looking at the practice’s work over the last year, it suggests that the national market may not be its main focus. Despite this, regarded as having ‘the knowledge, expertise and experience necessary to understand legal issues presented and to calculate workable business and legal solutions’, there is no doubt that the firm can handle both national and international work.

On the manager side, the practice acted for some large financial institutions, including representing Deutsche Bank as the backdrop purchaser and investor regarding the rights offering by Hayes Lemmerz International. The client exercised an option to purchase a large amount of shares in a private placement concurrently with the closing of the initial matters.

CLIENTS: Clients on the manager side include Merrill Lynch and UBS and Credit Suisse, while issuer clients include BNP Paribas and Banco Patagonia.

INDIVIDUALS: New York-based partner Colin Diamond is praised by clients for his experience and deep knowledge in M&A and securities matters, noting that ‘no matter what problem I present him with, he can find a solution. So for qualities I would list: accessible, knowledgeable, precise, efficient and business-savvy’.

Within Capital markets: global offerings: National,

White & Case LLP

PRACTICE: White & Case LLP’s strength in international equity matters for predominantly financial institution clients is undeniable. Singled out by clients for the ‘responsiveness of attorneys and the quality of the service provided’, the firm has illustrated the ability to handle international debt matters. Despite this, the equity arena is the area that the firm has focused on recently, while rival firms excel in both equity and debt matters alike. Similarly, the firm has acted for corporate clients such as WellPoint and Grupo Aeroportuario del Centro Norte in the past, but the firm’s leading matters throughout 2008 focused on the representation of financial institutions.

The firm’s geographic strength lies in Latin America, where the firm has two Mexico City offices and one in São Paulo. Clients note that they have been impressed by the firm’s ‘expertise in the Brazilian market and securities offerings in Brazil, and the language skills of team’.

Cementing its position as a leader in the equity arena, the firm’s US securities practice of 12 partners and 42 associates, has acted in a number of the years leading matters including representing VISA in connection with its $19.7bn IPO and listing on the NYSE. The offering was a registered public offering in Canada and Japan as well as in the US, and is the largest IPO in US history.

The practice also acted for lead manager and global coordinator Credit Suisse Securities in the $12.17bn public offering by the Brazilian mining company Companhia Vale de Rio Doce, which was largest equity offering ever by a Latin American issuer.

CLIENTS: Financial institution clients of the firm include BNP Paribas, Citigroup Global Markets, Credit Suisse, JPMorgan, Deutsche Bank, Banco Patagonia and Bancolombia.

INDIVIDUALS: New York-based partner John Vetterli is singled out by clients for his ability to speak Portuguese, which naturally ‘important to do a deal in Brazil’. Clients have the confidence in Vetterli to say that ‘we rely on him, what he says will probably be the best opportunity we have’. Vetterli is a member of the capital markets and securities group and focuses his practice on both domestic and international-related matters.

Also based in New York, partner Howard Kleinman focuses his practice on financial and capital markets transactions in Latin America. Kleinman is praised for his ability to ‘explain a situation to New York people in a way that the lawyers can understand’ when communicating with US lawyers working on a Brazilian deal.

Within Capital markets: high-yield debt offerings: National,

White & Case LLP

PRACTICE: Since adding high-yield strength in February 2007 in the shape of five high-yield partners from Mayer Brown, White & Case LLP’s practice has gone from strength to strength. Regarded by clients as being ‘responsive, creative, and up on the latest, greatest changes and technology’, the practice has impressive clients, including Morgan Stanley and Credit Suisse.

Focusing on manager representation of a less complex and weighty nature in terms of dollar amount than some of its competitors, the practice excels in acting for manager clients as initial purchasers, and has leveraged from its strong roots in the energy and telecoms sectors. The team recently acted for Jefferies & Co as initial purchaser regarding a $425m notes offering by Indianapolis Downs and Indiana Downs Capital, consisting of $375m of senior secured notes and $50m of senior subordinated secured pay-in-kind notes.

In the energy sector, the practice represented Morgan Stanley as lead underwriter regarding an offering of $450m of senior notes by W&T Offshore, an oil and natural gas-related company.

CLIENTS: The practice’s impressive client list includes Credit Suisse, Merrill Lynch, Jefferies & Co, Goldman Sachs and Morgan Stanley.

INDIVIDUALS: Partner Ronald Brody is singled out by clients for his ‘responsive’ demeanour and for his ability to be ‘creative at figuring out solutions’. Brody is the co-head of the firm’s leveraged finance group.

Within Corporate restructuring: National,

White & Case LLP

PRACTICE: With cohesive and integrated offices in New York, California, Florida and Washington DC, and also tapping into its expansive international footprint, White & Case LLP’s ‘outstanding’ 15-partner US team is a significant presence in both domestic and cross-border restructuring mandates. Benefiting from deeply entrenched relationships with many significant financial institutions, the firm is best known for its creditor-side practice.

Recent highlights include advising JPMorgan, as agent for a group of lenders in the winding-up of the insurance businesses of the Trenwick group of companies. Other notable mandates include its representation of Appaloosa Management and Harbinger Capital Partners in the high-profile Delphi bankruptcy case.

Clients appreciate the firm’s willingness and ability to provide a cross-disciplinary approach to problems, and ‘call upon many different areas of expertise to address the issues’. ‘I’d give them an A+ for their work’, enthuses one client.

CLIENTS: Clients include Bank of America, Bank of New York, BNP Paribas, Comnmerzbank, JPMorgan, Royal Bank of Canada and Deutsche Bank.

INDIVIDUALS: New York-based partner Gerard Uzzi frequently appears in nationwide corporate bankruptcy matters and workouts for troubled companies.

Dividing his time between Miami and New York, Thomas Lauria is chairman of the global financial restructuring and insolvency group. Instructed by clients at all stages of the capital structure, recent highlights include his involvement for Mirant on its successful Chapter 11 reorganization.

Within Project finance: National,

White & Case LLP

PRACTICE: Wall Street firm White & Case LLP’s national expertise cannot be denied, but it is the firm’s international prowess that sees the firm acting in the upper echelons of the project finance market. Offering a ‘superior’ quality of work to clients, the firm is strong in Asia, the Middle East, Africa and Latin America. Yet while having a reputation that is regarded to be ‘more international than domestic’, the firm’s national presence should not be ignored where it acts for a who’s who of clients including Calpine and Energy Capital Partners.

Boasting over 250 project finance lawyers internationally, the firm’s 36 US-based lawyers in this area have a particular focus and are praised by clients for their ‘deep understanding of project finance’. Offering a full service, the practice acts in areas from infrastructure, telecoms, oil and gas, petrochemicals, to metals and mining.

Illustrating the firm’s expertise in Latin America, its Washington DC and New York teams acted together with its Mexico office to represent Goldman Sachs and Ingenieros Civiles Asociados in the largest Mexican peso-dominated bank financing in Mexican history. It acted for the clients as sponsors in the approximately $4bn purchase and financing of a concession to 30 year concession to operate and maintain toll roads in the states of Guanajuato, Michoacan, Jalisco and Aguascalientes from the Ministry of Communications and Transport of Mexico.

In the US, the practice has showed its mettle in surging through the current economic downturn in matters such as acting for the sponsor Starwood Power-Midway regarding both the development and project financing of a 120-MW natural gas-fired simple-cycle power generating facility in California, closing in March 2008. Also, the practice represented Landesbank Hessen-Thuringen Girozentrale and ING Capital as lenders to Piney Creek regarding a $41m refinancing matter that closed in July 2008.

CLIENTS: On the lender side, clients include Deutsche Bank, BNP Paribas, ING Capital and Macquarie Bank, while sponsor clients include Hess, Qatar Petroleum, Saudi Aramco and LS Power.

INDIVIDUALS: Arthur Scavone and Troy Alexander have been singled out by clients of the practice. ‘Smart’ Scavone is the global head of the project finance practice group, bringing 24 years in the legal profession to the table and represents a full range of both lender and sponsor clients. Clients regard him as having ‘good judgement, is level headed and is careful’.

Troy Alexander focuses his practice on international banking and finance matters and is regarded by clients to be a ‘very pragmatic, problem-solving lawyer’. A member of the firm’s sovereign and India practices, clients note that they are ‘particularly happy to be able to work alongside Troy’.

Partner Christopher Cross is described as ‘a key member of several major project teams, very aggressive, a tough negotiator and excellent manager of supporting legal’ by clients. As a lawyer who is ‘prominent in delivering the quality service we received’, Cross focuses his practice on corporate and commercial matters, with particular focus in such areas as power, infrastructure, and oil and gas.

All three partners are based in the New York office.

Within Structured finance: derivatives and structured products: National,

White & Case LLP

PRACTICE: White & Case LLP expanded its derivatives practice during 2008 by hiring former Hunton & Williams partner Ian Cuillerier as a lateral. The structured products group now numbers four partners and nine associates, and ‘provides a superb quality of service’ and ‘timely work, completed with care and thoroughness’. Clients comment on the practice’s capacity for sophisticated, multi-jurisdictional transactions, which is assisted by strong links with London, where New York partner Richard Reilly was based for several years.

In August 2008, practice members from New York and London combined to advise alternative investment manager Indicus Advisors on the sale of a 50% interest in the business to European private equity house Cinven.

White & Case LLP’s expertise at the top end of the CLO/CDO market is exemplified by numerous recent deals including representation, as deal counsel, for Goldman Sachs as arranger of a €1.5b CLO for Carlyle using post credit-crunch techniques. The practice also acted for Morgan Stanley as placement agent and arranger for the $731m securities issuance by the Camulos Loan Vehicles - one of the few CDO/CLO transactions to close in 2008.

CLIENTS: White & Case LLP’s clients include JPMorgan, Morgan Stanley, Halyard Securities, Avis Budget Group, Deutsche Bank, Credit Suisse, Ore Hill Partners, Goldman Sachs,
Hess Corporation and Symphony Asset Management.

INDIVIDUALS: White & Case LLP’s Richard Reilly who acted in the Indicus transaction mentioned, has a large cross-border practice. David Thatch ‘adds value with his ability to figure out new and very complicated projects’ and John Donovan is ‘a unique lawyer and a trusted advisor who finds solutions while maintaining the integrity of the legal issues’. All members of the US practice are based in New York.

Intellectual property

Within Patent litigation: life sciences/chemical: National,

White & Case LLP

PRACTICE: This full-service firm counts among its numbers 165 IP specialists spread across 27 offices who do ‘exceptional work’ in complex litigation matters. The practice is primarily based in New York and California, although its latest expansion came with the arrival of five new partners - three in the Washington DC office and two in Palo Alto - from McDermott Will & Emery LLP in October 2008.

With a diverse client roster, including big-name multinational clients in the pharmaceutical, medical and biochemical fields, the IP practice has fought some high-stakes patent battles in the life sciences arena. For example, the firm has been representing Pfizer in a patent infringement action against Teva Pharmaceuticals USA relating to Pfizer’s Detrol bladder treatment.

CLIENTS: Almirall, AstraZeneca, Novartis, Novo Nordisk and Pfizer are all clients.

INDIVIDUALS: Dimitrios Drivas chairs the firm’s global intellectual property practice group and has vast patent litigation experience, particularly in life sciences. Vincent FitzPatrick, Wayne Cross and Jonathan Moskin are described as ‘leaders in the field’. All the lawyers are based in New York.

Within Trademarks: non-contentious - full coverage: National,

WHITE & CASE LLP

PRACTICE: Spanning 25 offices in 16 countries, White & Case LLP provides service in every IP area and is highly regarded for its management of US and international clients’ portfolios.

The firm has established longstanding relationships with leading global institutions, such as Visa International, for which the trademark practice recently assisted in protecting the famous VISA mark and helped in developing, clearing and protecting other trademarks for the company’s well-known financial service offerings.

Splitting its trademark practice between its New York and Palo Alto offices, White & Case LLP is also a ‘go-to-firm’ in the entertainment, media and technology sectors, being involved in cutting-edge technology matters oh behalf of companies such as Pioneer, Lucasfilm and Digidesign.

CLIENTS: In addition to those mentioned above, the firm handles matters for AstraZeneca, BMG Music, Valentino, Deutsche Bank, Hasbro, National Hockey League, Novartis, Novo Nordisk, Pfizer, Syngenta and Verizon.

INDIVIDUALS: Based in New York, Jonathan Moskin is described by clients as ‘exceptional’. Moskin is an active litigator in trademark, copyright and patent cases and in numerous federal, trial and appellate courts.

Head of the West Coast trademark group Frank Hiscox represents an array of leading technology companies and has ‘incredible knowledge’ on internet-related issues, such as domain names, brands, advertising reviews and clearing programmes. He is based in Silicon Valley.

Labor and employment

Within Executive compensation: National,

White & Case LLP

PRACTICE: The addition of Andrew Oringer in 2007 is certainly paying off for White & Case LLP in terms of raising the team’s profile and level of expertise, but it still does not have the depth of some of its competitors. Nevertheless, it has performed impressive work recently and has been proactive in counseling clients on new developments in the law. This ‘very client-friendly’ team displays strong ‘negotiating skills’ and a ‘high sense of urgency’.

According to clients, lawyers in the practice ‘have been very responsive’ providing ‘great advice and follow-up’. They ‘know our company well and provide practical solutions on a timely basis’. Clients ‘highly recommend White & Case LLP .

The practice advised Visa on executive compensation and general employment issues arising from its corporate restructuring and initial public offering, implementing a raft of new equity-based incentive plans across 34 countries. It also negotiated retention programs for the key management team of Resolution Health in its acquisition by WellPoint.

CLIENTS: The team represents Expedia, Apache Corporation, YUM! Brands, EchoStar Communications, eCopy, SSAB Svenskt Stål, Mohawk Paper Mills and Nordic Capital.

INDIVIDUALS: The practice is jointly headed by Kenneth Raskin and Andrew Oringer in New York. The former is ‘very responsive and decisive and speaks as an authority in the area of qualified and non-qualified plans’, and is ‘easy to talk with and provides clear understandable advice’. Oringer is ‘very responsive, efficient, expert in his field’, and a ‘terrific person to work with’.

Litigation

Within Energy: National,

White & Case LLP

PRACTICE: A massive international presence in the market for energy work, this dual-centred group of New York and Washington DC attorneys is developing a domestic practice with the capability to add to the firm’s reputation at home. One client assesses the team as ‘spectacular… a credit to the White & Case LLP brand’, pointing to the strides it has made since its growth spurt two years ago.

In the downstream market, the practice has been able to cast a wide net and currently represents leading energy marketers, transmission companies and generators. The renown the group’s leading attorneys have at FERC has been an important part of the service provided to these clients and those from a more diverse background who look to the firm for energy litigation needs, such as GE Energy Financial Services.

One case that underlines what clients refer to as ‘vision and class in front of the FERC’ is the recent successful defense of DTE Energy Trading in two disputes concerning a complaint filed before the commission by the Illinois Attorney General alleging market manipulation and collusion following a state retail electricity auction.

Clients in particular highlight the ‘great resourcefulness they possess and great attention to detail they’ve always brought to their work’, as well as being ‘astonishingly good in the courtroom’ - important traits considering that at three partners it is one of the smaller practices in the market.

Other high-profile litigation includes the representation of Occidental on a panoply of cases, including winning litigation with Entergy and the Louisiana Public Service Commission in the district court over pricing arrangements. In another instance the team represented the company before FERC and the US court of appeals on a matter involving Entergy’s system agreement.

CLIENTS: Clients include US Power Generating, New Harquahala Generating, Starwood Energy, El Paso Electric and Pacific Gas and Electric.

INDIVIDUALS: Earle O’Donnell heads up the energy practice and is, in the words of one client, ‘an organized leader who knows how to get the best out of his team’. His clients come from both domestic and overseas origins, and his work with downstream clients before the federal and state commissions is a core component of the practice’s capabilities.

Donna Attanasio recently represented El Paso Electric as part of a string of high profile cases before FERC.

Both O’Donnell and Attanasio form the core of the Washington DC part of the team, while partner Stuart Caplan provides expertise out of the New York office.

Within Environment: National,

White & Case LLP

PRACTICE: With four partners, five associates and one counsel concentrating on environmental work, White & Case LLP ‘impresses with its environmental and procedural expertise in all aspects’.

The firm’s environmental group carries out a lot of corporate and transactional matters but it also boasts a solid record and reputation for superfund litigation, where clients confirm that it ‘provides sound advice within the confines of the law’.

The practice currently represents a group of major limestone mining companies, and their trade association, in environmental litigation concerning federal permits for limestone excavation activities in wetlands. Several environmental organizations challenged the permits issued to the companies. At stake is whether the companies can continue to mine limestone in an area that supplies 40% of the State of Florida’s supply of construction aggregate and 25% of Florida’s production of cement. The case has generated national attention, and is one of the most significant environmental cases in Florida.

CLIENTS: The firm represents a variety of domestic and international clients, including Estée Lauder, International Finance Corporation, Ciba Specialty Chemical Volvo International, Fordham University, ABB, Deutsche Bank and G&S Motor Equipment.

INDIVIDUALS: New York-based Paul Milmed is ‘very experienced’ and can be ‘instrumental in bringing matters to resolution’. Having gained strong superfund litigation experience, he is regarded as a ‘very savvy litigator’ and is a respected mediator.

Also practising from the firm’s New York office, Richard Horsch is ‘all about client service’. Representing clients in all aspects of environmental litigation, he ‘assists clients from both a business and legal perspective’, where he ‘puts himself in the client’s shoes’.

Within International arbitration: National,

White & Case LLP

PRACTICE: Noted for its ‘strong commitment to the client’ White & Case LLP is chosen for its ‘knowledge of arbitral systems, language skills, top-level legal capabilities and dedication to the case’. The firm has an extensive, and undoubtedly advantageous global network, with offices strategically located in New York, Washington DC, London, Paris and Frankfurt.

Client feedback is resoundingly positive, and the team’s ‘edge’ is said to rest with its ‘ability to focus and achieve a high level of dedication and commitment to secure the best possible result’. Its ‘capacity to swiftly understand client’s business’ has contributed to a reputation for providing ‘top level legal skills’, and the firm is ranked ‘among the very top firms in arbitration’.

Divided into three main focus areas, including investment disputes, construction and commercial cases, the practice is adept at handing disputes before all major institutions, including the ICC, LCIA and AAA, with notable experience before ICSID, the SCC and various other regional institutions.

The team’s Latin American presence is formidable, with lawyers - many of whom are fluent in Spanish or Portuguese - handling disputes concerning a variety of jurisdictions, including Argentina, Bolivia, Mexico, El Salvador and Venezuela. Recent victories include its work for the Republic of Peru in a $150m ICSID arbitration pertaining to electricity transmission in Peru.

Other successes include its representation of the Republic of the Philippines in Fraport v The Philippines, a dispute arising out of a BOT concession to construct and operate a passenger terminal at Manila’s international airport. Ongoing work includes representing Romania in an ICSID arbitration, EDF v. Romania, relating to a dispute concerning the UK-Romania bilateral investment treating contract to provide duty free and other retail services at Romanian airports.

Andrea Menaker recently joined the Washington DC office. The outgoing chief of the NAFTA Arbitration Division, her knowledge of investor-state arbitrations will add further expertise to the practice.

CLIENTS: Though much of its client roster remains confidential, named clients include the Republic of Bulgaria, Georgia, Kazakhstan Investment Fund, Republic of Peru, TECO Energy and Zeromax.

INDIVIDUALS: With sector expertise centered upon oil and gas, power, construction and telecoms, practice head Paul Friedland is a ‘very experienced lawyer who earns clients’ trust and confidence’. He has carved a reputation based on a ‘high degree of professionalism’ and a capacity to be ‘inventive and lateral thinking’. Moreover, this New York-based partner is ‘extremely bright and quick’ and ‘works well with inside counsel, as well as technical and business people’. Lastly, he is ‘very well connected in the world of international arbitration, and is well-known and respected by the leading practitioners and arbitrators in the field’.

Operating from Washington DC, Abbey Cohen Smutney is regarded as a ‘very focused and dedicated individual’ who ‘organizes her team very well’. She ‘understands the capacities of her team members and how to apply them effectively’. Regarded as a ‘go-to’ person for public international law and treaty matters, she garners respects and admiration from clients.

Although John Willems has moved from New York to Paris, he continues to be regarded as an ‘excellent international arbitration practitioner’.

The team was recently strengthened by the promotion to partner of Ank Santens, a New York-based practitioner whose sector expertise includes energy and construction. She brings to the table fluency in English, Flemish/Dutch, French and Spanish, and clients are quick to sing her praises: one cites, ‘you can be sure she will really fight with all her resources’, adding, she brings ‘enormous dedication to the case, with a level of commitment rarely encountered’.

Carolyn Lamm and Darryl Lew, both in Washington DC, are also recommended.

Within International trade: National,

White & Case LLP

PRACTICE: With 11 partners working out of five international offices, and a group of over 60 lawyers in nine countries in all, White & Case LLP has one of the largest international trade practices in the world. The team provides a full-service across the spectrum of international trade matters, and clients ‘highlight the drafting and writing skills as the most outstanding qualities in the practice. The communication between the firm and government is very fluid’.

One highlight of 2008 was the successful resolution of the practice’s representation of Asia Pulp and Paper in the first countervailing duty case brought against China since its accession to the WTO. The ITC voted five to one that paper imports from China, Indonesia and Korea did not injure or threaten to injure the US industry. The practice was also successful on behalf of a major Japanese pharmaceutical corporation before the ITC and Department of Commerce in connection with the case on Glycine from Japan. The ITC made a negative final determination, and no definitive antidumping duty was imposed.

Another representation of note was advising the Government of Colombia as respondent in respect of Panama’s WTO challenge of Colombia’s use of indicative prices and ports of entry measures. White & Case LLP also represented Tenaris Group in its successful WTO challenge of a US Section 129 review of the anti-dumping order on Oil Country Tubular Goods from Argentina, both before the WTO Panel and the Appellate Body. On the advisory side, the team continued its representation of Saudi Aramco, the world’s largest integrated oil company, in connection with a variety of issues arising out of Saudi Arabia’s accession to the WTO.

Other aspects of the firm’s international trade practice include advising governments with respect to trade negotiations, and counseling clients from diverse industries on export controls, sanctions and customs matters.

With comprehensive coverage, an impressive global platform and ‘knowledgeable, responsive and available’ attorneys, White & Case LLP is a notable player in the international trade arena, though it lacks the prestige attendant to some of its competitors.

CLIENTS: Clients include ArcelorMittal, Asia Pulp & Paper, Du Pont, European Fertilizers Importers Association, Fuji Film, Funai, the Governments of Colombia, Indonesia, and Thailand, Mattel, the Ministry of Finance and the Ministry of Foreign Affairs of Japan, Saudi Aramco, Tenaris Group and Toyota.

INDIVIDUALS: Clients recommend Washington DC-based Gregory Spak, ‘who is very pragmatic when hard decisions have to be made. He is very calm during the hearings and amicable with the panel and the other party. He manages stressful situations very well and keeps the team focused and balanced’. Clients also say David Bond ‘does an outstanding job’ and William Clinton is a ‘very experienced trade lawyer with an encyclopaedic knowledge of WTO law and process...responsiveness and clarity of expression’. Walter Spak ‘is very analytical and has great writing skills’.

Media, technology and telecoms

Within Sports: National,

White & Case LLP

PRACTICE: ‘Widely accepted as one of the stronger practices around’, White & Case LLP has six partners that focus on sports issues, predominantly handling trademark and copyright cases for their clients.

Several team members have broad IP litigation experience, so while the transactional side of the practice isn’t negligible, it is secondary to the weight of expertise the team wields in defending its sporting clients in court. Some of the most notable work over the past five years has come from NFL clients looking to defend their name against trademark claims, the Washington Redskins being one particularly prominent example in the Harjo v Pro-Football case. The stronghold the team has had on this type of work has seen them act for a plethora of clubs, particularly in the NFL, and for the league itself. Elsewhere, in Major League Baseball, the team has frequently taken roles on the player side, with regard their endorsement deals, demonstrating the success in maintaining a broad base of sport industry clients.

ESPN has also been a big client of the group, as it has continued to have heavy involvement in litigation surrounding broadcasting and marketing of sporting events and sporting merchandise. The group has represented the network in trademark actions in federal court concerning TV series, and notably in various trademark disputes surrounding the trademark connected to the X Games.

CLIENTS: Clients of the group include the NHL, MLS, the Baltimore Ravens, the US Figure Skating Association and Societe de Nautique.

INDIVIDUALS: Mark Ackerman is ‘a first class trial attorney’ and he leads the practice out of the New York office.

Mergers, acquisitions and buyouts

Within Antitrust - National,

White & Case LLP

PRACTICE: ‘First-rate and highly effective’, say clients, White & Case LLP’s ‘outstanding’ ten-partner US antitrust department has all bases covered, whether it be advising on the antitrust issues of complex mergers, representing clients before the regulators or in civil litigation before the courts. Although in general it lacks visibility in the high-profile mandates, the practice recently attracted justifiably strong praise on behalf of its work for Stolt-Nielsen. Indeed, following the department’s high-profile victory upholding the legal enforceability of its amnesty agreement, it then scored another win for Stolt-Nielsen when the Court of Appeals for the DC Circuit ruled that amnesty agreements previously entered into by the DOJ are not automatically barred from public disclosure under the Freedom of Information Act.

Benefiting from a huge international network and a strong presence in the world’s most significant antitrust centers (Washington DC, New York and Brussels), the firm is able to provide a true one-stop-shop service to clients engaged in cross-border transactions or litigation. For example, in a matter that involved lawyers based in the US, Belgium and Japan, the firm was able to provide a unified and integrated defense for Toshiba in the civil litigation relating to the thin-film transistor, liquid crystal displays (LCDs). Using the minimum pleading standard argument recently established in the Twombly case, the court granted Toshiba’s motion to dismiss all plaintiff claims filed by direct and indirect purchasers.

‘We are extremely pleased with the quality of their advice, written work product, staffing and value for money’, said one client.

CLIENTS: Clients include ConocoPhillips, Experian, Gap, Mattel, NEC, Novartis, Saudi Aramco, Tetra Pak, Toshiba, Tyco, Stolt-Nielsen, US Foodservice, Visa and Syngenta Seeds.

INDIVIDUALS: ‘Creative, exceptional, tenacious and outstanding’, states one client about Washington DC-based partner Mark Gidley. Global chair of the firm’s antitrust practice, Gidley regularly represents defendants in multi-
forum cases involving simultaneous government investigations and multiple civil actions.

‘A consummate litigator with vast reserves of substantive antitrust law knowledge’, say clients, Washington DC-based partner Christopher Curran is one of the lead partners in relation to Stolt-Nielsen’s recent antitrust cases.

Described by clients as a ‘top-notch antitrust practitioner’, Washington DC-based partner George Paul’s broad-based practice encompasses civil and criminal litigation, as well as merger-related work.

Washington DC-based partner Peter Carney is also recommended, as is New York-based partner Robert Milne, who clients describe as ‘energetic, insightful and effective’.

Within M&A: mega-Deals,

White & Case LLP

PRACTICE: With one of the strongest international networks of any American firm, White & Case LLP is able to offer its clients M&A expertise wedded to full-service capabilities on a global scale. Clients praise the ‘functional and geographic breadth of the practice’ and note that ‘the level of service, especially in M&A transactions, is outstanding’. However, despite having 19 M&A partners in New York as well as several in Florida and on the West Coast, the firm in considered to be stronger on an international basis, with less presence on the US-based mega-deals. Nonetheless, whether on US or international deals, the M&A practice in New York remains active in a difficult market.

Practice highlights of the past year include acting as lead counsel to Swedish steel producer SSAB Svenskt Stål on the $4.02bn sale of the company’s North American tubular business to Evraz Group. The practice also advised Excel Maritime Carriers on the $2.45bn acquisition of Quintana Maritime, an international provider of dry bulk cargo marine transportation services. Additionally, White & Case LLP represented Cosan, the world’s largest ethanol producer, on its $1bn acquisition of all of Exxon’s retail gas stations in Brazil and related lubricants business. Clients say that the firm’s work on deals is ‘consistently timely, efficient and of the highest quality’.

CLIENTS: The firm’s M&A clients include Amerada Hess, Deutsche Bank, EchoStar Communications, Excel Maritime Partners, Mohawk Paper Mills, Novartis, Quintiles Transnational, Royal Ahold, SSAB Svenskt Stål, Tyco International and WellPoint.

INDIVIDUALS: Timothy Goodell receives high praise for his ‘particularly impressive commercial grasp of transactions and bank’s objectives as well responsiveness to changes during assignments - he has a strong combination of legal and commercial aspects...and is fun to work with even over long hours!’ His fellow co-head of global M&A and private equity, John Reiss, is well-known for his M&A prowess, and is described by clients as ‘exceptional...one of the brightest lawyers, with a very good business sense and strong practical nature to his logic’. Oliver Brahmst is also recommended as a ‘partner of special skills for any transaction related project...one of the best lawyers you would want to have by your side during negotiations’.

Real estate and construction

Within Florida: transactions and finance,

White & Case LLP

PRACTICE: Working out of Miami, White & Case LLP boasts a first-class three-partner practice. While it is a smaller offering compared to most local firms, what it lacks in size it makes up for in quality of work. Unsurprisingly, the practice has been active on a number of restructurings, such as for Ocean Bank in over a dozen loan workouts worth more than $175m. It also represented Regions Bank in its $40m loan to refinance 16 charter schools operated by the Academica Group. The practice advised a Starwood Capital affiliate on the restructuring of a $77m loan on a holiday resort in Islamorada, Florida.

CLIENTS: An impressive client list includes AMB Property, Avatar Properties, Codina Group, Flagler Development, GEM Realty Capital, JMB Realty, Starwood Capital, Stiles Corporation and WCI Communities.

INDIVIDUALS: H William Walker has a superb reputation within the Miami real estate community, and regularly represents lenders and investors on major developments and transactions. Partner Lawrence Gragg also has a very good following of real estate developer clients, as does partner Steven Vainder, who is recommended for leasings, sales and financings.

Within New York: corporate and private equity acquisitions,

White & Case LLP

PRACTICE: Although White & Case LLP has a strong New York practice, what really sets it apart is its extensive international network which enables it tap into cross-border deal flow. This was a crucial factor in 2008, particularly early in the year when the practice was kept busy advising overseas investors at a time when the more domestic-focused players were struggling. Highlights for the ‘pragmatic, responsive and experienced’ eight-partner New York group include advising a sovereign wealth fund on a range of property investments across the US worth around $500m, including a major investment into a prominent New York skyscraper.

CLIENTS: Starwood Capital, Deutsche Bank, Metro Development, Dolce & Gabbana, Colony Capital, Tishman Speyer and various overseas sovereign wealth funds.

INDIVIDUALS: Among the eight-partner New York group, Scott Berger is ‘fantastically sharp’ and praised for his ‘excellent interaction’ with clients, Jonathan Schechter ‘deeply cares about his clients’, ‘explains complex matters clearly’ and ‘can be tough, friendly or just roll up his sleeves: whatever is required’. Roger Noble is praised for his ‘enormous experience, measured advice and ability to deal with difficult clients, like myself’.

Tax

Within Domestic tax: East Coast,

White & Case LLP

PRACTICE: White & Case LLP’s US tax practice is biased towards international work but certainly does not lack competence in the domestic arena. It is very strong on M&A and restructuring whether undertaken for tax efficiency or in distressed circumstances. The practice frequently advises in major securities transactions and claims several major long term clients which instruct in numerous, varied projects. Clients comment that the practice provides ‘excellent, timely service backed by a deep technical knowledge’.

The firm’s strength in the aviation sector is noteworthy, and the practice has advised Babcock and Brown and Boeing Capital Corporation for over 20 years through numerous domestic and cross-border instructions, ranging from operating leases to lease-financing of aircraft.

In recent instructions, practice lawyers assisted Starwood Capital in the formation of private investment funds for hotel and hospitality-related real estate investment worldwide. In an interesting controversy matter, the practice is representing Verizon Wireless in the first litigation by a cell-phone company over its entitlement to the refund of the telephone excise tax - the case presents novel issues as the tax was established before wireless phones came into use.

CLIENTS: Clients include ABB, Allianz Capital Partners, Carlyle, Conoco Enterprise Investors, ING Real Estate, JPMorgan Chase, Maxxam, Mirant Corporation, Pitney Bowes, Royal Ahold, Quad-C, Starwood Capital, UBS and Pratt & Whitney

INDIVIDUALS: In New York, James Hayden is recommended for the tax aspects of corporate financing, particularly aircraft finance, in which he ranks as a national leader. David Dreier ‘impresses with his tax expertise’. In the Miami office, Lawrence Gragg is ‘excellent for state tax work’ and recommended for Florida state tax controversy.

Within Employee benefits: National,

White & Case LLP

PRACTICE: The White & Case LLP EBEC practice is a wide one, targeted at both US domestic and international markets as part of the firm’s full-service, business-targeted offering. The approach is effective, clients comment on ‘excellent service levels’ and ‘no problems working with the office in Japan’. However, the tendency of tax lawyers from the practice to work within multi-disciplinary groups on major transactions and other assignments does reduce visibility. Strengths are on offer in ERISA, in the design of new agreements and particularly in the complex combining of pension and benefit schemes which flow from cross-border transactions.

In a major cross-border, multi-disciplinary resources instruction which closed in September 2008, members of the EBEC practice advised NASDAQ listed Iconic Brand in connection the development of its brand portfolio in the Chinese market when a Hong Kong based joint venture was established.

CLIENTS: Clients include ABN AMRO, Ahold, Allianz Global Investors of America, ASCAP, AWAS, Bear Stearns, Bridgewater Associates, Deloitte, Den Nor Bank, MCI, Misys Banking Systems, Newmont Mining Corporation, Soros Fund Management, Stolt-Nielson, UBS, TORM, Vega Securities, Visa, VM Ware.

INDIVIDUALS: Washington DC-based Linda Carlisle provides ‘excellent response and matching advice’ in M&A transactions. In New York, Kenneth Raskin, head of the global executive compensation and employee benefits practice, has a deserved reputation for the creation of tax-effective new arrangements such as retirement plans, deferred compensation plans and ERISA structures. Also in New York, Andrew Oringer has a strong relationship with the M&A practice, and is expert in employee benefit strategies within corporate transactions as well as ERISA matters.

Within International firms: National,

White & Case LLP

PRACTICE: White & Case LLP’s 13-partner US tax practice fields eight partners in New York with smaller groups in Washington DC and Miami. The practice does not divide between domestic and international disciplines although individual lawyers do tend to specialize. Clients note that the practice offers a ‘first-class service - a very favorable experience’ which is borne out by the strong following of leading global companies. Approximately 70% of the practice work has an international element, and about a third of instructions come directly to the tax department with the balance being linked to other departments.

Advice was provided to Visa in its $10bn global restructuring of Visa International - the project required a series of mergers, exchanges and similar transactions which resulted in the companies in the group becoming direct or indirect subsidiaries of a newly incorporated Delaware stock corporation. The transaction was structured to achieve tax-free treatment in the US, UK and Canada.

The practice advised Swedish steel producer SSAB Svenskt Stål in connection with the $4bn sale of four US subsidiaries to Luxembourg-registered Evraz Group - in a simultaneous closing essential for tax reasons, Evraz sold parts of the business to a Russian tube manufacturing company. Previously, advice had been given to SSAB in the acquisition of Canadian steel producer IPSCO. Lawyers also advised XL Maritime carriers, a publicly traded Liberian company, on its acquisition of Quintana Maritime, a Marshall Islands-registered company, also publicly traded, in a $2.45bn transaction which created one of the largest dry bulk shipping fleets owned by US-listed company.

In September 2008, the practice advised Iconix on the formation of a strategic alliance with a Hong Kong company intended to exploit the company’s global brands in the fast-growing Chinese market.

CLIENTS: Clients include AIG, ConocoPhillips, Deutsche Bank, Coca-Cola, Dominion Resources, Harvest Partners, Hess Corporation, McKinsey, Maxxam, Mirant, Pitney Bowes, Royal Ahold, Quad-C, Starwood Capital Group, UBS, and Visa.

INDIVIDUALS: In New York, practice leader William Dantzler ‘provides practical, creative and timely advice’. Also in New York, Gerald Rokoff ‘is heavily oriented to cross-border transactions he can solve any tax problem regardless of subject matter’.In the same office, Sang Ji led in the Visa instruction. John Lillis is ‘unbeatable, a real find’, in funds formation and private equity. In Washington DC, Bruce Davis ‘blends a strong and deep technical knowledge with practical advice - he has extensive knowledge of international tax and is totally reliable’.

Within Tax controversy: National,

White & Case LLP

PRACTICE: White & Case LLP’s controversy practice is based round the core group of some 10 attorneys in Washington DC and New York. The emphasis of the practice work is increasingly in the transfer pricing and international tax arena. The practice has developed considerable expertise in the insurance sector. Practice members have considerable expertise in tax audits and appeals, and litigation and litigation at the highest level. Alternative dispute resolution is invoked where possible.

Representative instructions include obtaining an IRS ruling for the Williams Companies which allowed a deduction for all payments made to settle class action securities litigation

CLIENTS: Clients include Deutsche Bank, Clear Channel Communications, Corporex Companies, Heilig-Meyers, American Financial Group, AOL Time Warner, Andersen, Bear Stearns, Burlington Resources and Citigroup.

INDIVIDUALS: In Washington DC, Michael Quigley heads the group and within a wide and expert practice, is particularly strong in international tax issues. Kathleen Pakenham in New York, has not only appeared in numerous civil and criminal tax cases as an advocate, but also as an expert witness in a grand jury investigation involving fraudulent tax return preparation.


What we say worldwide

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Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Getting The Deal Through - eCommerce

    The Singapore government has been proactive and inclusive in its encouragement and development of internet communications and e-commerce, by its establishment of a supportive legal and technical infrastructure, investments in technology and awareness- building. Policy-wise, it adopts a balanced and light-touch approach to ensure that minimum standards are set for responsible use of the internet while giving maximum flexibility to industry players to operate, and favours industry self-regulation.
    - Joyce A. Tan & Partners
  • Review of reorganisation proceedings in Estonia

    Until the adoption of Reorganisation Act Estonian legislation did not provide efficient regulation for companies which were in temporary financial difficulties, but could be “rescued” via certain turn-around proceedings to overcome the economically difficult period.  
    - Concordia Attorneys at Law
  • The Restructuring Review

    OVERVIEW OF 2008/2009 RESTRUCTURING AND INSOLVENCY
    - Afridi & Angell
  • Labour & Employment

    1 What are the main statutes and regulations relating to employment? The main statutes relating to employment are the Portuguese Employment Code (approved by Law 7/2009 of 12 February 2009) and the Regulation of the Employment Code (Law 35/2004 of 29 July 2004) which is still in force notwithstanding the fact that parts have been revoked with the entry into force of the new Employment Code. Within the Employment Code, the vast majority of the rules are mandatory and, therefore, can only be modified by agreement of the parties and only if such amendment is intended to improve the position or rights of the employees.
    - F. Castelo Branco & Associados
  • Real Estate/ Property/ Infrastructure

    Norms for highway projects pact changed
    - Seth Dua & Associates
  • Projects, Energy & Natural Resources

    Power
    - Seth Dua & Associates
  • Litigation and Dispute Resolution

    Case Laws
    - Seth Dua & Associates
  • Intellectual Property Rights

    Amendments in Information Technology Act, 2000 The Information Technology (Amendment) Act, 2008 has come into force from October 27, 2009. Some key amendments in the Information Technology Act, 2000 (“IT Act”) are highlighted below:
    - Seth Dua & Associates
  • Cross Border Investments & Transactions

     
    - Seth Dua & Associates
  • Capital Markets/ Securities

    Amendments in (Substantial Acquisition of Shares and Takeovers) Regulations, 1997
    - Seth Dua & Associates