The Legal 500

Within Corporate restructuring, tier 7

Led by finance and financial institutions chair Charles Hedrick, the ‘effective’ and ‘straight talking’ team at Foley & Lardner LLP is split between the firm’s offices in California, Milwaukee, Chicago and Detroit. Well-known for its focus on creditor relationships, the practice also has a strong trustee and bondholder bent due to the leading reputation that Harold Kaplan maintains in this area. Highlight cases included representing ComputerShare Trust Company of Canada as indenture trustee for $125m in 10.85% debentures issued by Bowater. Canadian Forest Products in the AbitibiBowater Chapter 11 proceedings. Sports work is a trademark firm sweet spot and on the transactional side, it recently represented the successful buyer, Rangers Baseball Express, on the bankruptcy aspects of the contested plan and sale of Texas Rangers.

Within Project finance, tier 4

Foley & Lardner LLP has ‘one of the strongest renewable energy practices in the market’, acting principally for the sponsor in project finance matters. Charles Hedrick heads the department in Jacksonville, but the majority of the team is based in Milwaukee, and represents a diverse client base that includes Acciona Energía, Conergy, Denham Capital Management, Indiana Finance Authority and Sunoco. In 2011, it acted for Citicorp Capital Markets as construction lender, tax equity investor and bond underwriter on the development, construction financing and tax investment and bond financing for a 99MW wind farm in Idaho being developed by Utah Municipal Public Service. It also represented the same client in its role as construction lender and tax equity investor on the development of more than 30 solar photovoltaic installations in New Jersey, and as tax equity investor in Sacramento Municipal Utility District’s Solano 3 wind farm in California. New York’s Jim Tynion and Milwaukee-based Tom Mullooly acted for tax equity investor U.S. Bancor in the project financing of Invenergy Wind’s Bishop Hill wind project in Illinois. A team also acted for Exelon Corporation on its agreement to acquire John Deere Renewables’ portfolio of 36 wind projects for $900m, with a further $40m to be provided upon commencement of several developing projects. Tynion and Milwaukee-based Elizabeth Hanigan are ‘very knowledgeable, proactive and business-oriented’ attorneys. Jason Allen in Milwaukee is known for renewable energy matters, and Jeffery Atkin in Los Angeles is recommended for his renewable energy and project finance expertise.

Within Structured finance , tier 5

Foley & Lardner LLP’s recent work highlights include acting for the State of Wisconsin Office of the Commissioner of Insurance as the regulator responsible for overseeing Ambac Assurance Corporation, on matters relating to the exposure to various financial products, including credit derivatives. Milwaukee-based partners David Reicher and David Ryan are key contacts; each has substantial experience in the area of student loan finance, but also handles securitization and derivatives transactions in other classes. Of counsel Diego Figueroa Rodriguez, who joined the firm in 2011, also has experience in numerous financing structures, including various modes of credit enhancement, insurance, swaps, interest rate hedges, auction rate securities and tobacco settlement asset-backed bonds.

Within Energy: renewable/alternative, Foley & Lardner LLP is a third tier firm,

Predominantly based in Milwaukee and supported by additional team members in six other offices, Foley & Lardner LLP’s renewables team provides ‘excellent, top-notch’ advice on the development and financing of solar and wind projects. Group co-chair James Tynion III in New York, Elizabeth Hanigan in Milwaukee, and associate Evelyn Kim in San Francisco are recommended for being ‘knowledgeable, proactive, and business-oriented’. The team represented Exelon in its $900m acquisition of John Deere Renewables’ 735MW of operational wind capacity, spread across 36 projects in eight states, as well as 1,468MW of new wind projects in development. It also represented U.S. Bancorp as tax equity investor in Invenergy Wind’s $422m Bishop Hill wind project, under construction in Illinois, which will sell all of its 200MW power and renewable energy to the Tennessee Valley Authority. Additionally, the team is representing Trans-Elect Development Company in the financing of the 6,000MW Atlantic Wind Connection backbone transmission project. In the solar sphere, the group acted as lead counsel to Citicorp Capital Markets as construction lender and tax equity investor in the development of over 30 photovoltaic installations owned by local governments and school districts in Somerset County, NJ. The team also represented Integrys Energy Group in a 50/50 joint venture transaction with Duke Energy, creating INDU Solar Holdings, a joint venture company that is to own rooftop and smaller ground-mounted photovoltaic projects generating at least 500kW and delivering electricity to investment-grade commercial, government, and utility customers. Duke and Integrys’ project capital investment will be up to $180m.

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

Foley & Lardner LLP is ‘cost competitive’, with an ‘ability to discern the “real” issue beyond the smokescreen’. The group has corporate and regulatory practices, with an emphasis on venture capital, licensing and private equity on the corporate side. It represented biotech company SynthRx in the negotiation of its all-stock merger into Adventrx Pharmaceuticals; and PregLem in the negotiation of a product licence and development agreement. In regulatory, Washington DC-based practice co-chair David Rosen is assisting H&P Industries and Spectra on FDA issues, obtaining late-stage marketing clearance for a medical device for Spectra. In San Francisco, co-chair Judith Waltz advises on government enforcement, and is noted for her ‘strong people interactions’ and ‘first-hand experience with individuals in government agencies’.

Within Healthcare: service providers, tier 4

Foley & Lardner LLP’s healthcare attorneys work from offices across the country, with the practice represented in the main hubs of Washington DC, Boston and California as well as in the Midwest and Florida. Clients have included academic medical centers, hospitals, long-term care facilities and public agencies. The firm serves the full range of needs and includes a health information technology and outsourcing practice group which advises providers on issues such as telemedicine and electronic self-referral for physicians. Washington DC-based Don Romano is ‘an expert in Stark law’.

Within Insurance: advice to insurers, tier 4

The ‘excellent’ Foley & Lardner LLP ‘stands out from its competition in the way that it responds to client needs’. It advises on all aspects of insurance and reinsurance in both property and casualty (P&C) and the life and health sectors, with a particularly strong reputation in the Chicago market. Eric Haab led the group’s successful representation of Century Indemnity in its reinsurance dispute with Twin City Fire, which resulted in a favorable settlement for Century. The dispute arose from Twin City’s refusal to indemnify Century for losses accrued by underlying insurance policies. In a matter led by San Francisco-based Eileen Ridley, the group also acted for Clarendon America in a contribution, indemnity, and declaratory relief action against Starnet, which involved the question of an insurer’s duty to defend and/or indemnify. The firm successfully represented Clarendon in the trial, which the California Court of Appeal unanimously affirmed and noted to be a case of first impression in California. The California Supreme Court has granted Starnet’s petition for review and the firm continues to represent Clarendon in the appeal. Gail Goering, Neal Moglin, industry team chair Tom Hrdlick, Brett Ludwig, Gordon Davenport, and Kevin Fitzgerald are all recommended.

Within Insurance: non-contentious, tier 4

Foley & Lardner LLP provides an ‘excellent level of service’ and is commended for its ‘combination of insurance and financial industry expertise, and understanding of the regulatory perspective’. There is also an increasing cohesion between the work of the insurance industry group and the healthcare practice. Kevin Fitzgerald has ‘the ability to navigate through difficult negotiations’, and is leading representation of the Wisconsin Office of the Commissioner of Insurance as domestic regulator of Ambac Assurance Corporation (AAC) in a matter stemming from the Chapter 11 reorganization of AAC’s parent company Ambac Financial Group. It also represented Underwriters at Lloyd’s, London, in connection with its application for approval as an eligible reinsurer in Florida, which was approved by Consent Order in late 2011. Other clients include Clarendon, Hannover Re and BUPA. Insurance industry group chair Tom Hrdlick is ‘responsive, knowledgeable and understanding of clients’ needs and requirements’.

Within Patent licensing and transactional, Foley & Lardner LLP is a third tier firm,

Foley & Lardner LLP's robust licensing practice is particularly well known in the life sciences, electronics and software fields. Washington DC-based Stephen Maebius, a former biotechnology patent examiner, leads the practice and plays an active part in licensing mandates, often acting for leading pharmaceuticals companies. Boston-based John Lanza and Christopher McKenna are both active on the electronics side, and Kristel Schorr is a life sciences expert based in Washington DC. The ‘smart, articulate and responsive' Richard Kaufman has ‘excellent industry knowledge' relating to life sciences; predominantly he advises clients on technology transfers, collaborations and strategic partnerships. He recently represented Preglem in drug licensing negotiations, which involved a $17m up-front license fee, milestone payments and royalties. Other highlights for the practice include advising a leading pharmaceuticals company on the worldwide licensing of a biotechnology drug, involving milestone payments of around half a billion dollars. Other clients include Amgen, GE Healthcare and Takeda Pharmaceutical.

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

Foley & Lardner LLP's prosecution practice is ‘unsurpassed in terms of quality', and provides an ‘excellent and prompt service based on real industry understanding'. The team is strong across the science and healthcare sectors and, with 37 partners spread across eight offices, clearly has nationwide coverage. Former biotech patent examiner Stephen Maebius in Washington DC leads the practice, which includes a number of prominent personalities such as biotechnology expert Stephen Bent, IP vice chair Pavan Agarwal and Richard Peet, who is focused on chemistry, nanotechnology and biotechnology. Madison-based chemical, biotechnology and pharmaceuticals chair Mark Kassel is also recommended. Recent highlights for the team include developing a patent program for US Bancorp and providing patent procurement services to the University of Chicago, Super Green Biofuels and Global Fresh Foods. Other clients include Amgen, Citrix Systems, Google and Kraft Foods.

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

Foley & Lardner LLP's ‘excellent' six-partner trademark practice has a client base which demonstrates it is a match for many larger practices. Clients include Citigroup, Kraton and many apparel and sports manufacturers. The ‘business-centric and responsive' Jeffrey Greene heads the practice, which also includes Andrew Baum, who is ‘an exceptional trademark attorney with a strong and loyal support staff'. Miriam Beezy and of counsel John Carson in Los Angeles, as well as Milwaukee-based Mark Diliberti, are also recommended. Senior counsel Toni Hickey, former USPTO chief of staff, recently joined the Washington DC office.

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

Leading IP firm Foley & Lardner LLP is ‘one of the best in its field’ advising advertisers on trademark and brand issues. Craig Fochler and his team in Chicago continues to represent Alberto-Culver in a global TRESemmé hair care false advertising claim brought by Procter & Gamble in South Africa, Spain and Mexico. Fohler successfully defended Treehouse Foods against a preliminary injunction attempting to stop a new product launch. In New York, practice head Jeffrey Greene advises Citigroup on trademark and related issues in over 100 countries worldwide. Jonathan Moskin represents QVC. Other clients include 7-Eleven, Calvin Klein, Colgate-Palmolive, Mattel, Motion Picture Association of America and Priceline.com.

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

Foley & Lardner LLP’s well-respected Andrew Serwin in San Diego, chair of the practice and co-chair of the privacy litigation team, has a high profile in privacy and data security. ‘He literally wrote the book,’ comments one client. Clients appreciate the group’s ‘excellent service and terrific, responsive advisors’. Highlights included providing strategic advice to social gaming company Playdom, a subsidiary of Disney Enterprises, in a ground breaking matter before the FTC. Chanley Howell and his team in Jacksonville, Florida provide ongoing privacy and marketing advice to ADT/Tyco. 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 CVS Caremark. Serwin is also representing WellPoint, a Fortune 35 health insurer, in consolidated class actions. Other key clients include Wolters Kluwer, Yahoo! and Facebook, cloud computing company Carbonite and Fortune 50 utility company Exelon.

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

Foley & Lardner LLP’s ‘responsive, knowledgeable’ 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’. Kalyvas, who is recommended for ‘establishing innovative fee alternatives’, advised InterHealth on outsourcing performance assessment and renegotiating and restructuring an end-of-term outsourcing relationship covering infrastructure and core business applications supporting the company’s care giving activities. Richard Seiden wins praise as ‘a strong transactional lawyer with exceptional business acumen’. Richard Rifenbark ‘brings practical perspective to complex issues’. ‘Phenomenal litigator’ Tami Smason ‘does a fine job of managing expectations’. Michael Overly, who advises Charles Schwab, is singled out for praise. Key clients include 24-Hour Fitness, ADT/Tyco, BJ’s Wholesale Club, Bradley Corporation, Exelon, TD Ameritrade and Union Bank.

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

Foley & Lardner LLP’s ‘service is excellent’. ‘Not only are the attorneys very knowledgeable, skilled and thorough in the work that they perform, but they also have very quick turnaround times for deadlines’. Other clients report that the practice ‘houses creative thinkers, who are client-focused and professional without being stiff. It gives authoritative advice backed by practical experience, and has a “roll up the shirt sleeves and get it done” attitude, both at partner and associate level, while remaining collegial and poised in tough situations’. The practice acted on the acquisition of the iconic Chicago Cubs franchise, which included ownership in Chicago’s regional sports network and Wrigley Field, marking the single largest transaction ever for a North American sports franchise. The group also assisted Quad/Graphics in the acquisition of World Color Press; was counsel to AZ Auotomotive Corporation in the sale of a majority controlling interest in the company to Sodeia; and handled the acquisition of Reno-based Accelerated Care Plus, a provider of integrated clinical programs for sub-acute and long-term care rehabilitation providers. The team also represented The Manitowoc Company in its divestiture of US, Italian and Chinese subsidiaries, in compliance with divestiture orders issued by the EC and the US Department of Justice. Washington DC-based David Sanders and Steven Barth, in Milwaukee, are the transactional and securities co-chairs. Milwaukee-based Jay Rothman is ‘outstanding in M&A and transactional work, and is the best attorney I have ever met. He sees the big picture, understands what the client really needs and quickly gets there’. Also in Milwaukee, Bryan Schultz ‘does a great job with M&A and transactions. He won’t be pushed around, and works tirelessly on behalf of his clients’. William Abraham Jr is ‘the finest in the industry. He is very knowledgeable about our organization and understands our personal characteristics, making the process much smoother than anticipated’. John Wilson is ‘extremely hard working, intelligent and experienced. He is well respected amongst his peers’. Gardner Davis in Jacksonville ‘is excellent in helping our company with general corporate law. He is extremely intelligent and knowledgeable, and does not over-lawyer issues that are critical to running our business’. Boston-based Paul Broude is ‘an excellent general corporate attorney who understands business goals as well as the law’. In 2012, Tracy Bacigalupo joined the Washington DC office from DLA Piper LLP

Within Venture capital and emerging companies, tier 4

Foley & Lardner LLP has a significant presence in the venture capital and emerging markets segment, most notably in Boston. The firm has 17 partners in its private equity and venture capital practice and a further 41 partners in the emerging technologies industry group. The team is regarded as ‘smart’, ‘knowledgeable’, ‘responsive’ and ‘excellent value’. Clients include Braemar Energy Ventures, Celsius Capital, Molecular Insight Pharmaceuticals and Parcell Laboratories. Gabor Garai and Susan Pravda head the venture capital and emerging technology groups respectively. San Francisco partner Lars Johansson is considered ‘smart’, ‘pragmatic’ and ‘responsive’.

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

The 25-partner construction team at Foley & Lardner LLP is spread across 13 offices nationwide, and has adapted to market difficulties by representing lenders in workouts, foreclosures, and failed projects, as well as representing contractors in a growing number of bid protests. The practice, led by the experienced and well-respected Jeffrey Blease, expanded with the addition of the highly rated Adam Adams III in Jacksonville and the promotion of Kevin Reck to partner in Orlando, and saw the incorporation of new technology which allows the remote access to huge amounts of information for attorneys throughout the world. The firm represented the Sanford International Airport Authority against a contractor which the Airport Authority assessed had destroyed the runway lighting system during construction and was responsible for delayed completion; the client sought to enforce a $5,000 per hour liquidated damages provision, which was awarded along with an additional $1,000 a day in damages, and a total verdict of $850,000.

Within Real estate, tier 4

Foley & Lardner LLP has a 30-partner real estate practice; Elizabeth Corey in Chicago chairs the full-service team, which spans 14 US offices. On the West Coast it has been particularly busy in energy-related work, while areas of activity on the East Coast include private equity, fund work, financial transactions and distressed assets. Corey led the advice to Rangers Baseball Express in its acquisition of the Texas Rangers from Hicks Sports Group, including the leasehold interest for the stadium and a mixed-use commercial building. Wayne Osoba (‘focused, professional, smart’) and Donna Pugh acted for Resurrection Health Care in the financial structuring of the project to renovate St. Elizabeth Hospital in Chicago. The team advised The Peoples Gas Light and Coke Company on a $50m mortgage bond private placement; and it regularly acts for Sumitomo Mitsui Banking Corporation, Wells Fargo and JPMorgan Chase in high-value real estate financing matters. In February 2011 Nir Margalit joined the Washington office, with 25 years of hotel industry experience. Andrew Stern in Boston is ‘knowledgeable, efficient and a pleasure to work with’.

Within Domestic tax: Central, tier 4

Foley & Lardner LLP’s Madison, Milwaukee and Chicago offices house eight of the firm’s almost 40 lightly-leveraged partners. Its national tax and individual planning practice group is chaired by David Reinecke. Timothy Voigtman recently led the firm’s tax advice to Regal Beloit with respect to its $875m purchase of the electric motor division of A O Smith and $110m purchase of all the outstanding stock of Unico.

Within Domestic tax: East Coast, tier 7

Foley & Lardner LLP operates on the East Coast from offices in Boston, Jacksonville, Miami, New York, Orlando, Tampa and Washington DC, handling transactional tax matters, executive and corporate compensation, benefits planning and disputes with state and federal tax authorities for publicly held corporations, non-profits and tax-exempt organizations, and start-up ventures. Randolph Wolfe, managing partner of the Tampa office, Guillermo Fernández-Quincoces in Miami, and Albert Silva in Tampa are recommended.