The Legal 500

Within Bank lending (including other sources of financing), tier 5

Winston & Strawn LLP’s practice has a strong base in Chicago, alongside resources in New York, Charlotte and Los Angeles; clients admire the firm for its ‘extremely deep bench’ and describe it as ‘very much a full-service shop’. It acts on a broad spectrum of transactions for both lenders and sponsors, from mid-cap to large-cap mandates. Clients include Wells Fargo Bank, JPMorgan Chase Bank, BNP Paribas and Deutsche Bank, as well as a host of high-profile borrower names. The team acted for Bank of America on a syndicated credit facility of more than $2bn provided to Pilot Travel Centers; this facility was partly used to fund Pilot Travel Center’s acquisition of Flying J, which emerged from Chapter 11 bankruptcy. It also advised a global banking institution, as lead agent, on structuring and negotiating a complex senior secured exit facility for one of the world’s largest automotive suppliers, and assisted JPMorgan Chase Bank, as agent, in a $1.35bn bridge facility and a $1bn multi-currency revolving credit facility for Corn Products International, for its acquisition of another business. Matthew O’Meara and Loren Weil in Chicago are ‘great at executing transactions, even in the most difficult circumstances’. Patrick Hardiman ensures a ‘win-win situation’ in his transactions, and Ronald Jacobson is an ‘excellent relationship manager’. Warren Loui joined the Los Angeles office from O’Melveny & Myers LLP.

Within Capital markets: debt offerings, Winston & Strawn LLP is a third tier firm,

A new name in the ranking, Winston & Strawn LLP is ‘coming on’ in its capital markets capabilities and profile in the area. The ‘responsive’ Jim Junewicz in Chicago leads the team, and the ‘thorough and smart’ James Reum is also recommended. The team has a strong issuer-side track record, recently advising Amsted Industries regarding a Rule 144A private offering of $500m senior notes and also Motorola in its tender offer to purchase $500m of outstanding public debt. On the manager side, Bank of America is a key client for the group, and Junewicz represented the bank together with the other underwriters in Stryker Corporation’s $1bn debt offering in two tranches of $500m. The firm is also designated underwriter counsel to Exelon Corporation, and represented the managers in Exelon Generation Company’s $900m offering of senior notes.

Within Corporate restructuring, tier 7

‘Very knowledgeable of the industries and well-versed in business matters’, Winston & Strawn LLP gives ‘effective and efficient advice’ to a predominantly creditor-focused client base, including banks, creditors’ committees and DIP lenders. Particularly strong out of Chicago and the West Coast, the firm also has a presence in Charlotte and New York, the latter which was strengthened by the recent recruitment of Lawrence Larose, former practice head of Dewey & LeBoeuf LLP’s restructuring team. Led out of Los Angeles by Eric Sagerman and aided by almost 40 attorneys, the team has a ‘very deep bench and is able to deal with a variety of issues in a prompt and efficient manner’, particularly in relation to matters affecting mid-sized businesses. Recent highlights include representing the official committee of unsecured creditors of People’s Choice Home Loan, a subprime lender in Chapter 11. Although the practice is less active on the debtor side, it did act as co-counsel to Legends Gaming in the restructuring of $160m of first-lien debt and $75m of second-lien debt.

Within Financial services: regulatory, tier 5

The ‘responsive, insightful and practical’ four-partner team at Winston & Strawn LLP provides ‘very business-oriented advice’ to clients across a swathe of regulatory issues. The firm’s ‘sterling reputation for uncompromising quality and for its masterful depth and acumen in areas that relate to bank regulation’ has ensured that it has picked up a raft of impressive mandates for a diverse range of clients in the industry including banks, non-banking financial institutions, broker-dealers and hedge funds. The practice has also recently developed a particular area of strength advising directors of financial institutions on their rights and obligations in these uncertain times. Led by ‘strategic and creative’ department head Christine Edwards, the firm represented the independent directors of the board of Associated Bank on the potential regulatory implications triggered by the bank’s receipt of $500m of TARP capital. Formerly general counsel at several large financial institutions, Edwards has ‘deep knowledge and experience in the market’ and ‘really anticipates the needs of her clients’. Ex-head of equities compliance at Deutsche Bank, Edward Johnsen leads the firm’s broker-dealer practice and is appreciated by clients for his ‘direct relationships with regulators that provides valued insight and an understanding of the clients’ needs’. Described by one client as ‘among the finest regulatory practitioners in the country’, of-counsel Julius Loeser also adds tremendous credibility to the team following his arrival in March 2010 from Cadwalader, Wickersham & Taft LLP. Of-counsel Peter Malyshev focuses his practice on transactional and regulatory issues affecting the commodities, financial and derivatives products markets and has recently handled work for Goldman Sachs and Barclays Capital on derivates-related matters under Dodd Frank.

Within Structured finance , tier 4

Winston & Strawn LLP has ‘significant industry know-how, provides quality risk-mitigation advice, and has institutional knowledge which saves both time and money’. The firm, which has an established reputation for innovative securitization, has an experienced and well-rounded structured finance practice centered in Chicago, with New York, Los Angeles, Washington DC and Paris offices. Chicago-based David Galainena ‘knows the securitization market comprehensively and is able to work through very difficult issues’; Galainena represented NXT Capital, one of the few recent entrants to the loan origination/capital markets arena, in its loan warehousing facility which was funded by Wells Fargo, and also acted as issuer’s counsel in Harley-Davidson’s TALF-eligible $500m securitization deal. Also in Chicago, Michael Mullins ‘possesses great business acumen and has a broad range of experience and knowledge within the structured finance area’ to draw upon, and Patrick Hardiman is ‘very practical and pragmatic – he works for a win-win scenario’. Ronald Jacobson is ‘a very good relationship manager, who manages complex projects with great skill’. Dennis Kelly, the firm’s supervising tax counsel for the structured finance group, is recommended for his perceptive advice. In Los Angeles, Warren Loui represented Nissan Motor Acceptance in the first-ever securitization under TALF, a $1.4bn securitization of automobile loans. For derivatives instructions, Michael Philipp and his team ‘are able to stay ahead of the competition by being proactive in a space and time where it would be easy to become reactive only’. The group also advises Hyundai Capital America and Perella Weinberg Partners.

Within Energy: litigation, Winston & Strawn LLP is a third tier firm,

Clients commend Winston & Strawn LLP’s lawyers as ‘very knowledgeable from the associates on up’ and that the work is ‘consistently excellent and the team responds quickly’. While the firm is not inexpensive, it ‘does good job of delegating appropriate tasks to lower-level staff to reduce expenses’. The firm is especially active in the electric and nuclear space. It successfully represented a commercial nuclear utility in the resolution of a $400m default termination dispute related to a $1.2bn nuclear plant decommissioning project, which included state court litigation, a FERC rate case and strategic advice on project completion. It also successfully defended USGen New England after it entered bankruptcy and elected to terminate a natural gas transportation contract with TransCanada Pipelines, which it alleged that it was owed more than $50m in damages for breach of the contract. Clients also include Allegheny Energy Supply Company, NiSource and Entergy. Los Angeles-based Jerry Bloom heads the team. Washington DC-based Gordon Coffee ‘handles complex matters and investigations excellently’ and is ‘smart, knowledgeable about procedures, writes well and is quick on his feet’.

Within Healthcare and life sciences, Winston & Strawn LLP is a second tier firm,

Winston & Strawn LLP’s Washington DC healthcare team is recommended first and foremost on the strength of its investigations and litigation capability, including acting for physician-owned service providers across 20 states – United Prostate Centers LLC, United Urology Centers LLC, United Shockwave Services and United Therapies LLC – on a Stark law investigation by the Office of the Inspector General at the Department of HHS. The firm also represented Wyeth (now part of Pfizer) in dismissing an antitrust action originating out of a long-running patent dispute over K-Dur medication. The Chicago office acted for Northwestern Medical Faculty Foundation on commercial disputes including breach of contract. On the non-contentious side, the firm handles finance and capital markets matters, acting on $250m and $200m notes offerings by Fresenius and Omega Healthcare, respectively, and advising on Aveta’s $350m credit facility with Bank of America. Thomas Mills chairs the practice.

Within Copyright, Winston & Strawn LLP is a third tier firm,

Winston & Strawn LLP's copyright litigation team, led by managing partner Michael Elkin and IP practice vice chair Andrew Bridges, has handled some highly influential copyright infringement cases regarding new media and emerging technology. These include a win for Yahoo! in United States v ASCAP at a Second Circuit appeal, which confirmed a decision that websites offering music downloads do not need licenses for copyright performance rights. It previously defended Yahoo! subsidiary Launch Media in a successful Second Circuit appeal against Arista Records and a number of other major recording labels, in a potential damages claim worth up to $2bn, alleging that the client’s webcasting service infringed sound recording copyrights. Elkin worked with Jennifer Golinveaux and Thomas Lane as lead counsel for the defendant in UMG Recordings v Veoh Networks, successfully representing the online video company against alleged copyright infringement through permitting third-party users to share user generated videos containing musical performances. The case recently went to appeal before the Ninth Circuit. Bridges advises The Financial Times on IP matters, which included settling a copyright infringement case against private equity company The Blackstone Group in relation to multiple use of a single subscription for access to the business newspaper’s online publication. The practice also advised Swiss file-sharing company RapidShare on a number of international disputes regarding the client’s one-click hosting service, which has faced copyright infringement allegations.

Within Leading trial lawyers,

Dan Webb, Winston & Strawn LLP: ‘Its lawyers are among the very best in the country and Dan Webb is the best trial lawyer at the firm’, says one satisfied client, who isn’t alone in his praise for the hugely experienced Webb. Others add that his ‘understanding of the law and ability to strategise towards desired outcomes is unmatched’. Recently, Webb won a summary judgment in an antitrust class action against client Wyeth, which brought to an end almost ten years of related cases involving a patented potassium chloride product called K-Dur. One of his most high-profile matters in the past year was leading the defense of Philip Morris in Putney v Philip Morris USA, Inc. This involved almost 8,000 individual cases filed in the Florida state court. Despite finding for the plaintiff on liability, the jury was persuaded to find the smoker more at fault than the three defendants (including Philip Morris), thus reducing the damages payout. Of the three defendants, Philip Morris was also found to be least at fault.

Within Product liability and mass tort defense: consumer products (including tobacco), tier 4

Winston & Strawn LLP’s product liability practice is relatively small in terms of headcount, but demonstrably has the capability to represent household-name clients on a national basis. The group’s consumer product experience extends across tobacco products, appliances, toys, electronics, food and beverages. The firm is national trial counsel to Philip Morris USA and its parent company Altria Group for tobacco litigation, which has included a number of individual product liability claims, class actions and attorney general actions. These cases included general healthcare-cost recoupment actions as well as class actions and individual cases brought by smokers alleging personal injury. Other clients include LG Electronics and its subsidiary Zenith Electronics, which the group advised on multiple high-exposure product liability matters filed in state and federal courts relating to the companies’ electronic products and home appliances. It also advised Abbott Laboratories in a multimillion-dollar nationwide consumer class action lawsuit alleging that its liquid infant formula products were packaged in metal cans lined with epoxy resins containing Bisphenol A. The firm’s chairman Dan Webb is widely regarded as a ‘go-to lawyer for difficult, high-stakes cases’. Thomas Frederick and George Lombardi are also highly talented courtroom lawyers. All three are based in Chicago.

Within Product liability and mass tort defense: pharmaceuticals and medical devices, Winston & Strawn LLP is a third tier firm,

Winston & Strawn LLP’s well-respected product liability practice acts for clients across a range of sectors, including some major life sciences companies. Notable recent highlights include acting as one of the trial counsel firms representing Pfizer – and its Wyeth and Pharmacia & Upjohn subsidiaries – in HRT litigation concerning Prempro, Premarin and Provera, a number of which pending cases involve claims for personal injury including breast cancer and other health conditions. It also defended Pfizer and obtained settlements in litigation regarding its two prescription pain relievers, Celebrex and Bextra. In Chicago, litigation chair Thomas Frederick and firm chairman Dan Webb are thoroughly recommended, along with Los Angeles-based Neal Marder.

Within Securities: shareholder litigation, tier 5

‘The overall level of service’ at Winston & Strawn LLP ‘is unmatched by any law firm that I have worked with in the past 25 years of business’, says one satisfied client. ‘The understanding of the law and ability to strategise towards desired outcomes is unmatched’. The Chicago-based chairman and star trial lawyer Dan Webb and Robert Michels are described as ‘very tenacious and excellent strategists’. A major highlight was scoring a victory for Cisco Systems in a securities class action relating to Scientific-Atlanta, which the client acquired in 2006. The Court ultimately dismissed all claims against the client. The highly regarded Bruce Braun and Catherine Joyce have also been leading the defence of Grant Thornton, the auditors of Refco, which collapsed in 2005 after fraud was discovered in its financial statements. The Court of Appeals eventually reaffirmed the lower court’s decision to dismiss all claims against the auditor. Thomas Frederick heads the highly regarded team, which is largely based in Chicago, but also has top-notch litigators in New York and Washington DC.

Within Supreme Court and appellate, Winston & Strawn LLP is a second tier firm,

Winston & Strawn LLP’s seven-partner appellate and critical motions group, which is split between Washington DC and Chicago, divides its work between appeals and trials. The group has been representing Grant Thornton and other professional services firms as defendants in litigation stemming from the collapse of the brokerage giant Refco amid allegations of fraud. The New York Court of Appeals accepted the defendants’ position on all issues. The firm also won an important appeal for Hyundai in the Federal Circuit relating to the patentability of web-related technology. Hyundai was exposed to a $70m liability during the appeal and was up against a patent holding company controlled by the so-called “patent troll”, Erich Spangenberg. This was the first time a defendant successfully established on appeal the invalidity of one of Spangenberg’s patents. Gene Schaerr heads the group, which recently promoted Geoffrey Eaton to partner and was expanded by the recruitment of Elizabeth Papez, a former clerk to Supreme Court Justice Clarence Thomas.

Within White-collar criminal defense , tier 6

‘Excellent in all categories’, Winston & Strawn LLP provides ‘superb advice’ to both corporates and individuals faced with internal investigations, grand jury and criminal litigation cases across a range of matters including FCPA violations, securities and health care fraud, and public corruption. While it does not have a formal white-collar group, a good many of its 400-strong litigation team have considerable experience of trying white-collar cases, with 16 also formerly holding high-ranking positions within the US attorney’s office. Indeed, it is this marriage of credibility before the regulators and trial strength that sets the team apart from many of its peers in the market. Best-known of these is undoubtedly the ‘fantastic’ trial lawyer Dan Webb. Having made his name in the white-collar arena, Webb continues to handle a significant number of high-profile mandates, as demonstrated by his continued representation of an Illinois power broker, William Cellini, charged with conspiracy, honest services fraud and extortion. ‘An excellent strategist and very good to work with on a personal level’, litigation chair Thomas Frederick has been particularly active recently handling grand jury investigations and regulatory matters. The firm’s capability in the white-collar arena was boosted by the recent hiring of high-ranking justice official Elizabeth Papez and former Mayer Brown partner Caryn Jacobs, who has considerable expertise on securities fraud matters.

Within Marketing and advertising, Winston & Strawn LLP is a second tier firm,

Winston & Strawn LLP provides ‘stellar service’, advising advertising agencies, promotional companies and major consumer product manufacturers on advertising substantiation, FTC review and counseling, sweepstakes and promotions, NAD and network concerns, talent and sponsorship contracts, privacy law issues, and trade mark and copyright review and litigation. In 2010 the ‘supremely knowledgeable’ Brian Heidelberger became chair of the advertising, marketing and entertainment practice. Commended for his ‘insightful, prompt, cost effective advice’, he successfully represented Office Depot in two false advertising cases before the NAD. Heidelberger won a major victory for NBA all-star Chris Bosh in a domain name infringement claim against a cybersquatter, winning a substantial monetary judgment, the return of his domain name and almost 800 domain names of other athletes. Transactional work included representing the promotional agency that designed and administered LG National Texting Championships. Other clients include Taco Bell, QIP Holders, Toyota, Motorola, Pepsi, McDonald’s, Wrigley, Nestlé and Spin Master. Liisa Thomas specializes in copy clearance, trademarks and youth marketing. Ronald Rothstein handles major false advertising cases. Brian Fergemann is recommended ‘for network clearance of advertising materials’.

Within Technology: data protection and privacy, Winston & Strawn LLP is a third tier firm,

Supported by the firm’s strength in advertising and marketing and attorneys specializing in labor and employment, healthcare and financial services, Liisa Thomas at Winston & Strawn LLP has developed a ‘superb’ advertising and privacy law practice representing major consumer brands, advertising agencies and consumer research companies. According to clients, she is ‘remarkably perceptive, responsive and always considers our business environment’. Key areas of focus online privacy, interactive advertising by text, email and fax. Thomas regularly helps clients develop data protection programs under US laws, including Massachusetts law and the FTC Red Flag Rules and manage compliance audits and internal and external investigations.

Within Technology: outsourcing, tier 4

Clients recommend Winston & Strawn LLP’s lateral hires Eric Cowan and Glynna Christian, recruited from Dewey & LeBoeuf LLP, for their ‘business acumen, industry knowledge and experience, spot on advice and responsiveness’. Christian’s mandates included representing a leading financial services institution in a multibillion-dollar, multi-vendor outsourcing and a global supplier of automotive systems in connection with the acquisition of an ERP software system and the outsourcing of data facility services. Cowan advises on the outsourcing elements of litigation and transactional work, representing ITV, the UK’s largest broadcast network in the sale of Screenvision, and acting as seller’s counsel for a multinational media company in the disposition of its US assets, including three daily newspapers.

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

Winston & Strawn LLP recently welcomed partner James Levin to the Los Angeles office from O’Melveny & Myers LLP, where he was co-chair of the M&A/private equity practice, and New York partner William Grant arrived from Willkie Farr & Gallagher LLP. Co-led by Chicago partner Oscar David and New York partner Robert Ericson, the traditional M&A practice is centered primarily in the Midwest, but the attorneys are also regularly involved in larger M&A deals. Key deals included acting for TreeHouse Foods in connection with its acquisition of Sturm Foods from HM Capital Partners for $660m, and advising Sony Electronics on a number of potential acquisitions. In the large deal space, the practice advised longstanding client Motorola in its recently announced $1.2bn agreement to sell a majority of the assets of its wireless network infrastructure business to Nokia Siemens Networks. The team also represented the Audit Committee of Allscripts-Misys Healthcare Solutions in Allscripts’ announced $1.3bn merger with Eclipsys Corporation. In New York, Dominick DeChiara and Bradley Vaiana lead a prominent equity practice. Chicago-based leading individual Robert Wall is a widely respected practitioner. Wall has participated in over 120 publicly disclosed M&A transactions while at the firm. He represented a special committee of the board of directors of AO Smith Corporation regarding an affiliated acquisition, and advised the board of directors of NAVTEQ Corporation in the sale of the company to Nokia.

Within Construction (including construction litigation), tier 4

Winston & Strawn LLP has strong geographical coverage of the East Coast, handling instructions in Connecticut, New York, Massachusetts, New Jersey and Washington DC. In addition to preparing and defending construction claims, the team develops and negotiates contracts and handles project financing, bid protests and other matters surrounding the construction process. Able to respond with ‘great alacrity and agility’, the construction lawyers represent owners, contractors, design firms and sureties. The firm recently settled a case through ADR for a commercial nuclear utility; led by the ‘very knowledgeable’ Peter D’Ambrosio, the $400m default termination dispute related to a $1.2bn commercial nuclear plant decommissioning project. D’Ambrosio co-chairs the construction practice alongside David Romm in Washington DC and the ‘excellent’ Jeffrey Rosenstein in New York.

Within Real estate, tier 4

Corey Tessler chairs Winston & Strawn LLP’s 13-partner real estate group, which draws on the firm’s wider expertise. Christopher Murtaugh represented Alere Property Group on its acquisition, financing and leasing of several industrial and distribution facilities in California. The team acted for Deutsche Bank on several transactions, including a $122m loan secured by a property in Niagara Falls; a $50m loan secured by an office building in Boston; and a $94m loan secured by Barton Creek Hotel and Golf Course in Texas. Natixis Real Estate Capital is another key client, which the team represented on various deals in New York, including a $77m loan origination for the acquisition of 4 New York Plaza; a $325m loan origination for the acquisition of 650 Madison Avenue; and a $82m loan secured on 1412 Broadway. Mark Henning led a team that represented JPMorgan Chase on the restructuring of two separate $150m revolving credit agreements for real estate portfolio companies; and acted for Macquarie DDR Fund and its Australian Exchange-listed parent company on the restructuring of five separate credit facilities involving $1bn debt. High-profile new clients include Starwood Capital, RBS and Goldman Sachs.

Within Domestic tax: Central, Winston & Strawn LLP is a third tier firm,

Winston & Strawn LLP provides ‘the most responsive and cost-effective counsel on a wide range of tax matters’. James Lynch and Louis Webber co-chair the Chicago tax group of some 20 fee-earners, the majority of whom are experienced partners. Clients commend the appropriate delegation of work to ‘capable associates’. The practice is broad-based, firmly business-oriented, offering particular niches in energy-related work and a growing following of traditional and alternative energy companies. Cross-border links with the firm’s Paris office are generating an increasing flow of work with a European element. During 2010, Daniel Dumezich was recruited to the Chicago office from Mayer Brown to head the controversy practice. For project financing and energy matters, Andrew Ratts and Amit Kalra are ‘responsive, reasonable in negotiations, and draw from a vast range of experience’. Other recommendations include John Lorentzen for alternative energy tax incentives and Roger Lucas for transactions and tax planning. Recent highlights include advising Motorola in the $1.2bn sale of its worldwide wireless phone systems to Nokia Siemens, and representation of community wind-generation developers Project Resources and Miracol Energy in lease equity financing for the Minnesota Ridgewind Project with Union Bank. Clients of the tax practice group include Motorola, JZ Capital Partners, Yum! Brands and Kehe Foods.

Within Domestic tax: East Coast, tier 5

Winston & Strawn LLP’s tax department ‘is excellent, with a very high level of expertise provided in a timely manner’. The four East Coast tax partners divide equally between two offices. The New York team tends to handle transactions and complex tax planning, for which Edmund Cohen is recommended. In Washington DC, the work is largely connected with government, although the two resident partners, James Warren and Alexander Zakupowsky, are ‘among the top experts in the utility tax field’. Zakupowsky has represented the US electric utility industry, as tax counsel for the Edison Electric Institute, and the US natural gas distribution industry, as tax counsel for the American Gas Association, on a broad range of tax issues.

Within Domestic tax: West Coast, tier 4

Winston & Strawn LLP’s Californian-based SALT tax group is led by Charles Moll ‘overall, an outstanding state and local tax attorney’, from San Francisco. The firm currently represents both Elan Pharmaceuticals and Genentech in several cases of first impression involving a number of high-profile biotech industry issues. Practice clients include Marie Callender and Hitachi.

Within Employee benefits and executive compensation, tier 5

Winston & Strawn LLP’s lawyers ‘are very knowledgeable and dedicated and provide excellent legal services’ in general employee benefits, executive compensation and ERISA compliance. Key members of the Chicago group include Linda Hoseman, who represents the Chicago Mercantile Exchange in all aspects of employee benefits, including transition matters related to acquisitions, and advises the Boeing Company in connection with welfare benefit plans. Also recommended for ERISA and employee benefits, Mark Weisberg is ‘very knowledgeable and provides excellent advice’. Practice clients include Cantor Fitzgerald, Lear Corporation and Retail Brand Alliance.

Within Tax controversy, tier 4

Winston & Strawn LLP signalled a strengthening of the federal tax controversy offering in October 2010 when specialist Daniel Dumezich was recruited to head the practice from Mayer Brown, along with long-term colleague Gary Colton. The recruitment suggests a shift in strategy for the firm whose tax partners have generally combined advisory and controversy practices, working with litigation partners where necessary – the highly accomplished James Lynch and Louis Weber have acted for Yum! Brands, the owner of Pizza Hut and KFC, in various tax controversy matters over the years, including one involving the formation and stock sale of a captive insurance subsidiary. Charles Moll leads the firm’s nationwide state and local tax practice from the San Francisco office; other partners named are based in Chicago. Clients assisted in controversy matters include Elan Pharmaceuticals, Sara Lee and AT&T.