The Legal 500

Within Corporate restructuring, tier 7

Particularly strong out of Chicago but also able to tap into the knowledge of partners with bankruptcy experience across many of the firm’s national offices, Foley & Lardner LLP provides ‘knowledgeable and responsive’ advice to secured and unsecured creditors, and debtors, particularly in the mid-market. Active across a range of industry sectors, the team has handled a number of sports-related bankruptcy matters including advising the buyer in relation to the $590m acquisition of Texas Rangers out of bankruptcy. Leader of the firm’s corporate trust and bondholders rights team and a member of the bankruptcy practice, Harold Kaplan is one of the most acclaimed figures in Illinois for representing trustees and bondholders interests, and recently represented Wilmington Trust Company as indenture trustee for $705m in senior notes and $400m in senior subordinated notes in relation to Aleris International’s restructuring.

Within Project finance, tier 4

Foley & Lardner LLP’s team comes under the chairmanship of Charles Hedrick in Jacksonville, Florida, although the main location of the project finance group is Milwaukee, Wisconsin. It is involved, principally as sponsor’s counsel, in many solar and wind projects and in a number of project finance related M&A deals. In a notable energy mandate, Edward Hammond acted for Invenergy on the construction and term financing of a two-phase 130MW wind energy facility in Wisconsin. Other highlights included acting for Conergy on the non-recourse project financing of a 3MW solar installation in Pennsylvania; and, led by the well-respected James Tynion, representing Acciona on the development and financing of a $250m 123MW wind energy facility in Oklahoma, which involved a complex tax equity and back leveraged debt combined financing. Jason Allen assisted Integrys Energy Group on several transactions, including the sale of its wholesale electric marketing and trading business, involving various power transactions including physical forwards, financial derivatives, and capacity and transmission rights. The firm also acted for Integrys and its non-regulated subsidiary WPS Power Development on the sale of two of its power generation companies, which own assets in northern Maine and New Brunswick, Canada. Another client is Indiana Finance Authority, which instructed the team on its purchase of Synthetic Natural Gas for delivery to Indiana retail end-use customers, with the gas to be produced by the coal gasification facility being developed by Indiana Gasification. Robert Anderson joined the firm in San Francisco and Ralph Dudziak joined in Chicago.

Within Structured finance , tier 6

Foley & Lardner LLP’s Milwaukee-based David Reicher and David Ryan are ‘knowledgeable, and provide excellent response’. Recent highlights include advising the State of Wisconsin through the refinancing of the $1.6bn Badger Tobacco Asset Securitization Corporation bonds originally issued in 2002. The firm has a particularly strong and well established educational finance practice, which represented Access Group, Montana Higher Education Student Assistance Corporation and others in connection with major student loan backed offerings and program design. The practice group also advises on securitization and derivatives in other classes, principally instructed by public bodies.

Within Healthcare and life sciences, Foley & Lardner LLP is a third tier firm,

Foley & Lardner LLP’s practice is substantial in California and across the Midwest, where it handles litigation and transactional matters for healthcare service providers, health systems and pharmacy chains. Litigation work includes representing CVS Caremark in a contractual pricing dispute in the Eastern District of Pennsylvania, and Wellpoint in several cases, among which are rates payment cases including a Northern District of Illinois class action brought by chiropodists from across the US. The firm recruited Chicago-based Lisa Noller from the US attorney’s office for the northern district of Illinois. The transactional team has been busy advising on health system M&A across the Midwest as well as on the formation of, and other issues relating to, ACOs.

Within Insurance: advice to insurers, tier 4

With ‘high levels of expertise’ and ‘industry know-how’, Foley & Lardner LLP’s practice was strengthened by the hire of Gail Goering, Eric Haab and Neal Moglin, who has ‘great knowledge in life reinsurance matters’; the three were founding members of Lovells’ reinsurance practice. Brett Ludwig and Tom Hrdlick (‘truly a cut above’) are leading the team in its representation of Clarendon National and Clarendon America in a complex dispute involving $50m in disputed reinsurance recoverables, which has led to a number of arbitrations and related court proceedings. The firm is also representing Century Indemnity (a member of the ACE group) in a reinsurance dispute with Twin City Fire Insurance, seeking enforcement of facultative reinsurance contracts. Gordon Davenport chairs the insurance and reinsurance group, while Kevin Fitzgerald chairs the insurance industry team.

Within Insurance: non-contentious, tier 4

Foley & Lardner LLP’s key insurance partners are based in its Milwaukee and Tallahassee offices, although the firm boasts another 16 offices across the US. Brian Kaas led the group in acting for GMAC Insurance Holdings and Motors Insurance in the sale of its P&C insurance business to American Capital, while Tom Maida led the advice to Florida Retail Federation Self Insurers Fund in its reorganization into a mutual holding structure, which closed in November 2010. The firm is noted for its ‘high level of expertise’ and ‘whatever-it-takes attitude’, representing ‘excellent value’. Chair of the insurance industry team Kevin Fitzgerald attracts praise for his experience in multi-state insurance regulatory matters, and can ‘tell you when a question merits research’, and ‘when to stop worrying about something’.

Within Patent licensing and transactional , tier 4

Foley & Lardner LLP has a strong IP practice which went from strength to strength in 2010. The licensing team includes eight partners who spend more then half their time on the area, and covers industries such as electronics and pharmaceuticals. Stephen Maebius chairs the practice from Washington DC, and is supported by recommended life sciences lawyers David Charapp and Richard Kaufman in San Diego/Del Mar. The firm strategically expanded with a spate of lateral partner hires in 2010, including a team of six IP attorneys from Choate, Hall & Stewart, among them Christopher McKenna. McKenna brings more than 15 years of experience to the team and joins the Boston office. In 2010 the team handled the due diligence and agreement work for United Therapeutics on an intricate and creative licensing and supply agreement with Eli Lilly. Other clients are Acologix, Brain Mapping Technologies, Calmune Corporation, GE Healthcare, Micro-Imaging Solutions and Takeda Pharmaceuticals.

Within Patent prosecution: utility and design patents , Foley & Lardner LLP is a second tier firm,

The patent prosecution practice at full-service firm Foley & Lardner LLP grew with the addition of Christopher McKenna and John Lanza from Choate, Hall & Stewart, and the return to the firm of Gerald Swiss and Lorna Tanner. Clients speak highly of the team; it is ‘very strong on all aspects and gives very thoughtful advice’. Headed by former biotech patent examiner Stephen Maebius out of the Washington DC office, the practice deals with a variety of industries, including information technology, electronics, mechanics and green energy. The group has also been particularly active in the re-examination field and has significant inter partes experience. Takeda Pharmaceutical, Amgen, Hitachi, Nissan and Hewlett-Packard are among the firm’s major clients. Key partners include the ‘very responsive and knowledgeable’ Mark Kassel in Madison, who is the chair of the firm’s chemical, biotechnology and pharmaceutical practice, and life sciences partner Richard Peet in Washington, who is praised for his ‘intellect and responsiveness’. Washington DC-based IP vice-chair Pavan Agarwal, who practises in a number of patent law areas with a focus on electronics and automotive technology, also comes highly recommended.

Within Trademarks: non-contentious (full coverage), tier 4

Foley & Lardner LLP’s six-partner trademark, copyright and advertising team is based across the US and covers a wide range of industries, including apparel, cosmetics, healthcare and telecommunications, with Jeffrey Greene heading the group from New York. It is retained as lead trademark counsel by a number of leading multinational corporations, including Citigroup; it regularly provides strategic and day-to-day advise on the institution’s global portfolio, which includes more than 5,000 applications and registrations in over 100 countries. The team is also lead trademark counsel for Hermès International, Monster and Nokia, and also advises Mattel, Motion Picture Association of America, Time Out New York and Yahoo!.

Within Marketing and advertising, Foley & Lardner LLP is a third tier firm,

Foley & Lardner LLP is a leading IP firm, which provides advice to advertisers on trademark and brand issues. A ‘knowledgeable, competent and professional’ team led by Craig Fochler in Chicago continues to represent Alberto-Culver in global a TRESemmé hair care false advertising claim brought by Procter & Gamble in South Africa, Spain and Mexico. Fohler has handled numerous foreign trademark litigation cases for 7-Eleven. In New York, practice head Jeffrey Green advises Citigroup on trademark and related issues in over 100 countries worldwide, while Jonathan Moskin represents QVC. Other clients include Calvin Klein, Colgate-Palmolive, Mattel, Motion Picture Association of America, Priceline, QVC and Yahoo!.

Within Technology: data protection and privacy, Foley & Lardner LLP is a second tier firm,

Led by San Diego-based Andrew Serwin, the founding chair of the practice and co-chair of the privacy litigation team, Foley & Lardner LLP is increasingly winning the respect and confidence of the market. Clients appreciate the group’s ‘excellent service, quick response times and terrific advice’. Serwin, who ‘understands business concerns and provides practical, to-the-point advice’, is recognized as a prominent figure in privacy and data security law. Highlights included providing strategic advice to new client eBay on its BCR application, along with ongoing compliance and litigation guidance. Chanley Howell and his team in Jacksonville, Florida provide ongoing privacy and marketing advice to ADT/Tyco. On the contentious side, Serwin successfully represented Carbonite in a putative class action arising from data loss allegations. Financial services represent a key specialism, with clients including Charles Schwab, TD Ameritrade and Barclays International. The practice has particular focus on the healthcare sector, with Serwin and Peter McLaughlin in Boston advising HCA and new client CVS Caremark. Other key clients include Wolters Kluwer, Yahoo!, Facebook and utilities Exelon and Sempra Energy.

Within Technology: outsourcing, Foley & Lardner LLP is a third tier firm,

Foley & Lardner LLP’s information technology and outsourcing practice, led by Jim Kalyvas in Los Angeles, comprises 47 attorneys in seven offices. Drawing on the firm’s strengths in intellectual property, technology and data protection, it handles a combination of big-ticket and mid-market deals. According to clients, ‘the service is top of the line: experienced, trustworthy, knowledgeable, and pays for itself’. The ‘knowledgeable’ Kalyvas, who ‘listens to customer and helps them achieve their goals’, advised BJ’s Wholesale Club on the structuring, procuring and negotiation of a complete IT services outsourcing transaction, including RFP development, mainframe services, applications, data security, print services and data entry. Mike Overly, who advises Charles Schwab, is also singled out for praise. Transactional lawyer Deepak Nanda is recommended for his negotiating skills. Key clients include 24 Hour Fitness, ADT/Tyco, Bradley Corporation, Exelon, Omron Electronic Components, Raytheon,TD Ameritrade, The Irvine Company and Union Bank.

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

Because of its Midwestern roots, ‘value for money’ Foley & Lardner LLP has significant experience in mid-market deals, but it also stands out because of its coast-to-coast presence. ‘As a result, it can provide a complete team of professionals who can assist with all aspects of a corporate deal, both public and private’. Other clients report that ‘response times are good and if there are issues they are proactively addressed. It also has good attorneys who understand the utility and non-regulated energy marketing and generation businesses’. Clients are ‘particularly pleased with the associates who carry out great chunks of the work’. Recently the firm was especially active in the medical devices/healthcare sectors as well as infrastructure. The practice represented privately held Kayem Foods in the acquisition of several product lines from Tyson Foods, and advised ASA International in a going-private transaction. The team assisted First Capital, a Florida-based commercial finance company, in connection with a $139m common stock investment by HIG Capital, a private equity firm, which doubles First Capital’s common equity base, and advised Rangers Baseball Express (the Greenberg-Ryan investment group) in its ongoing acquisition of the Texas Rangers and related interests in the Rangers Ballpark in Arlington and certain real estate surrounding the ballpark. Quad/Graphics was assisted in the acquisition of World Color Press and as a result of the deal, Quad/Graphics became a publicly traded company listed on the NYSE. Washington DC-based vice chair David Sanders is a widely respected lawyer. In Boston, the ‘excellent and intuitive strategist’ Paul Broude ‘has ‘superior business acumen and is very responsive’, while Milwaukee-based Patrick Quick is ‘accessible, responsive and smart’. In Jacksonville, Gardner Davis is ‘excellent for acquisitions’. Also in Milwaukee, Jay Rothman chairs the transactional and securities group and Bryan Schultz ‘possesses excellent drafting skills’. Schultz’s work focuses on acquisition and divestiture transactions, joint ventures, strategic alliances, commercial transactions and general corporate matters. ‘Deal guy’ John Klusaritz joined the Washington DC office from Bingham McCutchen LLP as partner. Klusaritz is particularly experienced in telecoms and energy matters, and ‘has excellent private equity contacts at national levels’.

Within Construction (including construction litigation), Foley & Lardner LLP is a second tier firm,

Foley & Lardner LLP’s construction team handles all issues surrounding development processes, with attorneys based in numerous offices across the US. It has provided advice to almost 100 construction and design firms over the last 20 years in domestic and international contracts, finance, and dispute resolution. On the contentious side, the firm represented a large south-eastern US contractor specializing in reverse osmosis, water treatment and associated pipelines in a multimillion-dollar damages claim; the client’s case was based on project delays and lost labor productivity, and was successfully resolved in its favor in a pre-trial settlement.

Within Real estate, tier 4

Elizabeth Corey chairs Foley & Lardner LLP’s national real estate practice, which is active across the healthcare, sports and entertainment, and energy sectors. The 27-partner group has ‘excellent lawyers in a wide variety of areas’, and provides an ‘extraordinary level of service’. Its attorneys are located across 14 offices in California, Florida, Illinois, Massachusetts, Washington DC, Wisconsin, New Jersey, Michigan and New York. Building on the firm’s timeshare and hospitality experience, Daniel Bachrach created a unique and novel exit strategy for Floridays, a developer of condominium hotel projects. The ‘excellent’ Michael Hatch represented US Bancorp on redeveloping a four-office-block campus in Wisconsin. Emerson Lotzia represented Amelia Island Company, the owner of a $67m four-star resort, on its sale as part of its bankruptcy reorganization. Wayne Osoba represented Sumitomo Mitsui Banking Corporation as syndicate leader on a $200m revolving credit facility provided to residential property developers. Duke Woodson acted for CSX Transportation on its proposed intermodal terminal facility development comprising 932 acres encompassing 7.9 million sq ft of office and industrial space.

Within Domestic tax: Central, tier 4

Foley & Lardner LLP’s tax partners are ‘very responsive, have a great depth of knowledge, and are exceptionally professional’. Madison resident David Reinecke chairs the tax and individual planning group in which Chicago-based Michael Bailey is ‘knowledgeable, creative, thorough and strategic’. Several team members, including John Palmer, advised in connection with the acquisition of the Chicago Cubs from the Tribune Company by a limited liability company owned 95% by the Ricketts family and 5% by the Tribune Company, which is in Chapter 11 bankruptcy proceedings; the transaction was structured as a complex leveraged partnership acquisition. Practice clients include Fuchs Trucking, Grosvenor Capital Management, Plastic Ingenuity and Quantum Foods.

Within Domestic tax: East Coast, tier 7

Foley & Lardner LLP’s Florida tax group ‘provides excellent service – prompt, comprehensive, and competent’, with strengths in tax and estate planning for high-net-worth individuals and families, and a broad-based tax support service for mid-tier corporations. Randolph Wolfe, the managing partner of the Tampa office, ‘is top shelf on all metrics’ and an excellent all-round business tax lawyer. Guillermo Fernández-Quincoces, in Miami, who also has a general business-based practice, ‘is as focused on solving a complex tax issue as anyone I have ever seen’. Albert Silva in Tampa is also a member of the firm’s hospitality, resort & golf industry group, and is recommended for tax advice in the sector.

Within Domestic tax: West Coast, tier 4

Foley & Lardner LLP’s tax team is small but very competent. Peter Elias in San Diego is well-followed by private equity and real estate investment funds, he represented Pacific Office Properties in structuring a joint venture investment fund for the acquisition and operation of an office park. Mark Schieble, in San Francisco, has a wide practice which includes trust and estate planning. Practice clients include Scripps Health and the Shidler Group.