The Legal 500

Within Patent licensing and transactional , WilmerHale is a second tier firm,

WilmerHale has a strong bench when it comes to technology, as reflected in its extensive client list. The team of 14 partners, which structures, prepares and negotiates thousands of licenses each year, is chaired by New York-based Steven Singer, who leads the technology transactions and licensing practice group and has more than 30 years of experience. Singer also co-chairs the life sciences group and has expertise in the biotechnology, medical device and pharmaceutical fields. In Boston, Alfred Server is also highly recommended for his work in the life sciences field. Recent work for pharmaceutical and healthcare companies includes representing TransTech Pharma in a $1.1bn licensing transaction for a treatment of diabetes, and advising MacroGenics in a $60m collaboration with Boehringer Ingelheim International GmbH. The team also represented Infinity Pharmaceuticals in a $489m research and development collaboration for INK1197 and other PI3K delta/gamma inhibitors. Other clients include Alnylam Pharmaceuticals, Millennium Pharmaceuticals/Takeda, Infinity Pharmaceuticals, Aileron Therapeutics, Bristol-Myers Squibb and Broadcom Corporation.

Within Patent litigation: full coverage, WilmerHale is a first tier firm,

‘An excellent practice’, WilmerHale is active in both the technology and pharmaceuticals sectors. William Lee remains a highly regarded patent litigation figure with strong, wide-ranging trial experience, including at the ITC. Lee recently acted as co-lead counsel for Cisco, defending it against an infringement allegation brought by Linksmart Wireless Technology. On the life sciences side, Robert Gunther acted as lead counsel for Roche in obtaining dismissal of a case brought by Polymer Technology Systems, which alleged non-infringement and invalidity of a Roche patent relating to diabetes blood-testing meters. The team also successfully represented Smith & Nephew as plaintiff in its case against rival medical devices company Arthrex, with a favorable ruling on all issues including damages and a rejection of the opponent’s invalidity defense. Wyeth is another key client, and the practice added to its ranks with the hire of David Manspeizer, who was vice president of IP and associate general counsel at the pharmaceutical company Wyeth, while Spence Chubb joined as special counsel from the USITC.

Within Patent litigation: International Trade Commission, WilmerHale is a third tier firm,

WilmerHale has a significant track record in investigations before the ITC, with past highlights including representing Broadcom in its patent infringement claim against Qualcomm regarding semiconductor technology used in cell phones. William Lee remains the team’s leading and best-known patent litigator, and led on the trial before the ITC for Broadcom. Lee also advised as outside counsel to Apple on its ITC hearing against Nokia, part of a high-profile battle between the two hi-tech giants regarding various alleged patent infringements. The practice added to its capability in Section 337 investigations with the hire of special counsel T Spence Chubb to the Washington DC office in May 2010. He joins from the US International Trade Commission, where he served as a supervisory attorney for over 20 years.

Within Alternative/hedge funds, WilmerHale is a third tier firm,

The ‘indispensable’ investment management team at WilmerHale delivers ‘outstanding levels of service in its core investment fund formation regulatory compliance competencies’. It fields a number of attorneys with prior experience in the investment management division of the SEC, giving the practice valuable knowledge on asset management regulatory issues. This expertise saw the team called on to advise State Street Bank and Trust Company and State Street Global Advisers on a case brought by the SEC alleging improprieties in the management of various bank funds that resulted in the loss of hundreds of millions of dollars in sub-prime investments. The case resulted in the second-largest settlement by dollar value of any case brought by the SEC in 2010, and addressed a number of issues relating to the duties of an investment manager allocating separate account assets among funds. It also provides securities regulatory advice to a client base that includes broker-dealers and investment consultants such as Citadel Advisors and Barclays Global Fund Advisors. James Anderson heads the practice from Washington DC, while Boston-based partner Leonard Pierce is considered a ‘trusted adviser whose business acumen, expansive knowledge, calm demeanor and uncanny precision forms the bedrock for the rest of the team’.

Within Mutual/registered funds, WilmerHale is a third tier firm,

WilmerHale’s presence in the registered funds arena concentrates primarily on the contentious side and regulatory counseling, although it has broader registered fund formation expertise. The team is spread between Washington DC, where practice head James Anderson is based, and New York, and advises registered investment companies and their directors, investment advisers and broker-dealers. 2010 saw the team advise State Street Bank and Trust Company and Global Street Advisers on a case brought by the SEC alleging improprieties in the management of various bank funds resulting in the loss of hundreds of millions of dollars in sub-prime mortgage investments. The case was ultimately settled for what was the second largest settlement by dollar volume of any matter brought by the SEC in 2010. It also provides regular advice to Lazard Asset Management on securities regulatory matters pertaining to its asset management business.

Within International trade, WilmerHale is a first tier firm,

WilmerHale’s full service trade practice is made up of ‘a strong group of former government agency heads who really understand the regulations and environment and who are blessed with great analytical skills’. Clients are impressed by ‘work which is always of the highest standard’. The firm’s expertise extends to export controls and economic sanctions; CFIUS matters; import compliance programs and trade remedies litigation. The firm is particularly well regarded for its work on trade policy and negotiation and its China practice. On antidumping matters, the practice has represented clients in proceedings arising under the laws of Argentina, Canada, Mexico, Uruguay, China, Indonesia, Korea, Australia, Malaysia, New Zealand, South Africa, Thailand and Venezuela, and in numerous GATT and WTO appeals involving antidumping issues. The firm has also been involved in some of the largest countervailing duty cases including the Foreign Sales Corporations, US-Softwood Lumber, EC-Sugar, Brazil-Aircraft and Brazil-Desiccated Coconut cases. The practice’s import compliance experience includes assisting the major US automobile manufacturers in supporting legislation on the classification of, and tariffs on, multipurpose vehicles as well as representing companies on issues of classification, valuation, country-of-origin marking and fraud in US and EU customs administrative proceedings, and subsequent litigation before the US Court of International Trade and the US Court of Appeals for the Federal Circuit. Representative matters on foreign investment into the US included advising two major US financial services firms in connection with substantial investments by Chinese and Middle Eastern sovereign wealth funds (completed without CFIUS review). Recently voted one of the most influential women in Washington, Charlene Barshefsky is ‘absolutely brilliant and able to grasp a problem in matter of seconds and come up with a quick and effective solution’. Robert Novick chairs the regulatory and government affairs group and is ‘astute, extremely knowledgeable and able to get straight to the heart of the matter’. Ronald Meltzer and David Weller are also highly regarded.

Within Securities: shareholder litigation, WilmerHale is a second tier firm,

WilmerHale has a superb reputation for securities litigation and is particularly well regarded for the regulatory and enforcement side. Washington DC-based co-chair Harry Weiss has an excellent track record in SEC enforcement matters, thanks in part to his 11 years spent working at the SEC. Other key partners include co-chair Jeffrey Rudman and William Paine in Boston, and Lori Martin in New York. Given the firm’s high-tech and life sciences client base, the firm represents numerous issuers in the technology sector. In this area, the firm has recently achieved the dismissal of open market fraud and derivative actions against software companies and a medical devices company. The firm also has considerable experience defending investment banks, broker-dealers and other clients in the financial services and securities industries on related matters. Recent highlights include successfully representing an investment adviser in a major ERISA class action connected to the management of a cash collateral pool for the securities lending program provided to a trust fund in which the plaintiff invested. Major recent clients include Credit Suisse Securities, Citigroup Global Markets, State Street Corporation, Boston Scientific, PwC, Bear Stearns Asset Management and the mutual fund adviser Pax World Management Corporation.

Within Supreme Court and appellate, WilmerHale is a first tier firm,

WilmerHale’s ‘excellent’ practice is ‘among the very best’, and in group chair Seth Waxman, who has delivered 56 oral arguments in the US Supreme Court and is a former solicitor general, it has one of the most highly regarded advocates in the US. In the 2009 term, it won a landmark US Supreme Court victory for Odfjell SE and parcel tanker owners in Stolt-Nielsen v AnimalFeeds International Corp, where the Court held that a party may not be compelled under the Federal Arbitration Act to submit to class arbitration unless stipulated by contract. On the appellate front, the firm had an impressive 2010. Successes included the Ninth Circuit’s reversal and dismissal of an accounting and financial fraud conviction against former McAfee CFO, Prabhat Goyal. The firm also helped TiVo Inc win its long-running patent infringement case against EchoStar Communications, which affirmed a district court order finding EchoStar in contempt for violating a permanent injunction, and ordering it to pay over $300m in damages, sanctions and attorney’s fees. The firm, which has a particularly strong following in the life sciences and technology sectors, also achieved significant appellate rulings for Xilinx, in a tax appeal, and Medtronic Inc.

Within White-collar criminal defense , tier 6

‘The quintessential Washington DC practice in terms of breadth across the agencies’, WilmerHale provides ‘technically very good’ advice to corporates engaged in high-stakes regulatory investigations. Able to call upon the expertise of a number of former SEC lawyers, the firm is best-known for its ‘premier SEC practice’, and provides ‘strategic vision’ to the full litany of players in the market including issuers, private companies, accounting firms, hedge funds, as well as their managers, officers and directors. As well as the synergies heralded by its top-ranking SEC enforcement practice, the firm also has standalone capability in FCPA, criminal antitrust and healthcare fraud matters. Indeed, as part of Boston-based Robert Keefe’s broad ranging white-collar practice, he recently handled work on behalf of a client accused of Anti-Kickback violations and has also represented pharmaceutical and medical device companies in federal criminal investigations and parallel civil investigations about the companies’ marketing practices involving certain drugs or medical devices. Chair of the firm’s litigation group, Howard Shapiro has trial experience across a raft of white-collar matters and has also conducted numerous internal investigations for major banking and corporate clients in the US, UK and Asia. ‘At the top of his profession’, Paul Engelmayer heads the firm’s New York office and is highly regarded for his work on behalf of financial institutions in complex commercial disputes. Chair of the securities department, the ‘outstanding’ William McLucas is regularly sought out by corporates facing high-level crises and handles internal investigations as well as SEC actions.

Within Technology: data protection and privacy, WilmerHale is a first tier firm,

According to clients, WilmerHale’s interdisciplinary team, based in Washington DC, ‘provides the best view into the inner workings of US regulatory agencies’, combining litigation, regulatory, counseling and transactional expertise. E-commerce operators, communications and media companies, financial institutions, health care providers and retailers appreciate attorneys’ ‘business acumen, breadth of industry knowledge, and succinct, cogent advice’. National and cross-border privacy and data security issues are a particular focus as are regulatory proceedings around privacy and security rules, notably the development of a self-regulatory framework for behavioral advertising, the FCC’s customer proprietary network information (CPNI) rules, the FTC’s and Security and Exchange Commission’s document disposal rules, implementation rules for the Gramm-Leach-Bliley Act, and FCC rules regarding electronic surveillance. J Beckwith Burr, who has a valuable FTC background, is widely respected by clients and peers for her internet and online expertise. As well as providing ongoing advice to Facebook in connection with children’s privacy issues, behavioral targeting and European investigations, she advised Google on FTC policy development related to online behavioral advertising, the Department of Commerce/NTIA privacy policy paper and the reform of the Electronic Communications Privacy Act (ECPA). Clients appreciate David Medine’s ‘sensible balance between the regulatory and practical viewpoints’, regarding online, children’s, financial, student, and health privacy and compliance. His clients include online companies, major retailers, and financial services companies. ‘Exceptional lawyer’ Benjamin Powell ‘provides clear guidance on complex technological issues’.

Within Telecoms and broadcast: regulatory, WilmerHale is a second tier firm,

WilmerHale offers expertise and experience in wireline and wireless telecommunications, internet policy, e-commerce and media law. Led by Jonathan Nuechterlein in Washington DC, the group represents clients in regulatory and enforcement proceedings before the FCC and state and international agencies, handles high-stakes litigation in federal, state and European courts and agencies; and assists with complex deals and related matters. Nuechterlein, who is recommended for his ‘high-quality analysis and legal thinking’, advised AT&T on the National Broadband Plan and in the Court of Appeal opposing the cable television industry’s appellate challenge to new FCC rules that require incumbent cable companies to share affiliated programming with rival multichannel television providers. He successfully represented Quest Communicationsand T-Mobile in appellate litigation. Samir Jain represents satellite communications provider Globalstar on a range of regulatory issues before the FCC, including applications and other necessary filings to modify its licenses to transition from first-generation to second-generation satellite constellation. J Beckwith Burr specializes in privacy and e-commerce, which is increasingly relevant to the telecoms industry in light of the development of mobile applications, location data and cutting-edge wireless applications.

Within Antitrust, tier 5

WilmerHale has extremely capable antitrust teams in several locations throughout the US, particularly in Washington DC, despite losing Doug Melamed to Intel and Robert Bell to Kaye Scholer LLP in late 2009, and the firm retains an impressive roster of clients. William Kolasky, Thomas Mueller and Leon Greenfield are all recognized for their strengths in the field. Additionally, Boston-based James Burling concentrates on litigation and merger issues for internet, biotech and pharmaceutical companies, while Michelle Miller advises on mergers and government investigations, litigation and compliance issues. In California, Robert Badal focuses on the intersection of antitrust and IP law and handles some litigation. Recent merger work includes advising Cisco Systems on representations before the European Commission and DOJ as part of the client’s successful $3.3bn acquisition of the Norwegian video communications company Tandberg; and securing clearance for Qwest Communications’ merger with CenturyLink. In government investigations, the team has been defending Cephalon against FTC lawsuits and class actions regarding the settlement of Hatch-Waxman patent litigation; and Intel against FTC monopolization and DOJ hiring practice investigations. Cartel investigations also feature strongly where recent work includes representing JPMorgan in DOJ and SEC investigations into potential anti-competitive conduct in the municipal derivatives markets.

Within M&A: middle-market ($500m-999m), WilmerHale is a second tier firm,

WilmerHale recently welcomed Andrew Nagel to the New York office as partner from Kirkland & Ellis LLP, as part of the firm’s strategy to strengthen the firm’s transactional practice in New York, utilizing the practice’s core regulatory strengths. Highlights included representing Unica Corporation in its $480m sale to International Business Machine, acting in the acquisition of its publicly traded client, Starent Networks, by Cisco Systems in a cash merger, and advising the special committee of board of directors of Harbinger Group in the purchase of Harbinger Capital’s interest in Spectrum Brands Holdings. The team also assisted PerkinElmer in the $500m sale of its Illumination and Detection Solutions business, while in the large deal space, it represented Netezza in its $1.7bn acquisition by IBM. In Boston, corporate chair Hal Leibowitz and M&A group chair Jay Bothwick are recommended, as is Washington DC-based vice corporate chair Stephanie Evans.

Within Venture capital and emerging companies, WilmerHale is a second tier firm,

WilmerHale has a leading practice on the East Coast, particularly in the key growth enterprise market of Boston and nearby Waltham. On the West Coast, it was hit by the departure of key partner Curtis Mo to DLA Piper LLP in 2010, but retains a solid presence there and has a global business that few of its direct rivals can match. Clients highlight the ‘responsiveness’, ‘breadth of expertise’ and ‘experience’ within the team. The ‘top notch’ firm delivers a ‘level of service’ that is ‘of the highest quality’. The firm is widely recognised for its expertise in life sciences and biotechnology, while clean technology (including biofuels) is a growth area for the practice. Clients include A123 Systems, Achillion Pharmaceuticals, ActiFio, Airvana, Casa Systems, MPM Capital and Khosla Ventures. In 2010, the firm advised leading clean technology focused venture capital firm Khosla Ventures on ten financing transactions including for Calera Corporation (green cement), Gevo (biofuels), Nordic Windpower (utility-scale wind turbines), Seamicro (energy efficient data centers), Skybox and Stion (solar photovoltaics). Chair of the venture capital group Michael Bain is based in Waltham. Amongst the team is Boston-based IT, software and internet expert David Westenburg, who is commended for his ‘responsiveness’, ‘excellent client service’, ‘incredible knowledge’ and ‘unparalleled experience’. Boston-based life sciences specialist David Redlick is also recommended, as is Silicon Valley’s Peter Buckland.