The Legal 500

Within Energy: litigation, Steptoe & Johnson LLP is a second tier firm,

Steptoe & Johnson LLP’s ‘outstanding’ practice is ‘high quality, always timely and provides a good service’. The group represents a variety of clients in the oil and gas, renewable energy and electricity and LNG sectors, but is best known for its work in the oil space and especially in relation to pipeline matters. It is acting for ConocoPhillips in several Trans Alaska Pipeline System (TAPS)-related matters. At FERC, it was instrumental in crafting a favorable settlement of the TAPS carriers’ 2008 rates, which the Commission approved in April 2010. It also represented Enbridge on its successful effort to procure a Presidential Permit from the State Department to construct a major new crude oil pipeline, known as the Alberta Clipper Pipeline, between the oil sands projects in Alberta, Canada and Superior, Wisconsin. The firm is also currently representing Enbridge Energy in connection with various federal regulatory investigations relating to an oil spill near Marshall, Michigan in July 2010. Clients also include Duke Energy, Northeast Utilities, Orange & Rockland Utilities, Westar Energy and PacifiCorp. Steve Brose, Steve Reed and Daniel Poynor are experienced pipeline lawyers, and are ‘truly excellent problem solvers, with exceptional industry knowledge’. Doug Green, Richard Roberts and David Raskin are also highly regarded.

Within Energy: transaction and regulatory, Steptoe & Johnson LLP is a second tier firm,

Clients say that the quality of Steptoe & Johnson LLP’s energy regulatory and transactional work is ‘excellent’, and that the team is ‘responsive, business-orientated and very experienced’. The firm is historically known for its oil pipeline expertise, however it has an increasing reputation in the electric power industry. It recently represented Enbridge in its successful bid to purchase a proposed 250MW wind power farm in Colorado from the international RES Group’s US operations for approximately $500m. The firm served as counsel to the client in the acquisition of all equity, negotiation of all engineering, procurement, and construction agreements, environmental law, and US Treasury Grant aspects of the wind farm comprised of 139 variable speed wind turbines. Other work included representing Northeast Utilities and NSTAR on the negotiation and approval of 1,200MW direct current transmission interconnection between Quebec and New England in order to permit Hydro-Quebec to export hydro-electric power under development in Quebec that is in excess of its needs in Canada, a project valued at approximately $1.1bn. Clients also include American Electric Power, Chevron, ConocoPhillips, Duke Energy, ExxonMobil Pipeline, Grasslands Renewables, Northeast Utilities and OGE Energy. Washington DC-based Steve Brose and David Raskin, who is the key contact for electric power, co-chair the team. Steve Ross ‘provides expert advice in a cost-efficient manner’.

Within Insurance: advice to insurers, Steptoe & Johnson LLP is a second tier firm,

Steptoe & Johnson LLP’s insurance and reinsurance practice, with over 25 partners, is regularly retained on ‘large, complex and very significant claims and lawsuits’. In January 2010, the team was joined by Matthew Gaul, who brings almost seven years of industry experience from his position in the New York State Government service. Practice head Antonia Ianniello is ‘a first-rate lawyer’ who ‘has produced outstanding results on the most difficult cases’, and peers in the reinsurance arena recommend Roger Warin. AIG (now Chartis), Zurich, Swiss Re and Liberty Mutual are among the firm’s key clients. The team is acting as lead defense counsel to several Travelers-related insurance companies in three West Virginia state court lawsuits filed by Massey Energy, with Massey seeking coverage arising from hundreds of underlying claims alleging water contamination from the company’s coal mining operations.

Within Patent litigation: International Trade Commission, tier 4

Steptoe & Johnson LLP has strong trial experience before the ITC. Leading the team are the well-regarded Charles Schill, John Caracappa and Alice Alexandra Kipel, who regularly handle high-stakes cases as both co-counsel and lead counsel. Schill has longstanding experience in handling Section 337 investigations, including a successful defense of Mitsubishi’s multibillion-dollar renewable energy business against a patent infringement allegation by General Electric. More recently, Schill and Caracappa advised Motorola in two separate investigations: one against Microsoft, which alleged several patent infringements, and a filing against Apple.

Within ERISA litigation , Steptoe & Johnson LLP is a first tier firm,

Steptoe & Johnson LLP is an ‘excellent’ firm, with ‘great expertise in ERISA litigation’. Work highlights in recent months included major victories for clients at the motion to dismiss stage in the employer stock drop arena, a victory for a leading trade association on an important ERISA pre-emption question, and a continued leading role in defense of excessive fees litigation. Specifically, the firm is representing American Express Company, its board of directors, and other individual defendants in a putative class action alleging that defendants breached their ERISA fiduciary duties by imprudently allowing the company’s 401(k) plan to acquire and hold company stock, failing to provide certain information to plan participants, and related claims. The firm also serves as co-lead defense counsel for the defendant Bear Stearns Companies Inc in the ERISA stock drop portion of the In Re Bear Stearns Companies, Inc. Securities, Derivative and ERISA Litigation. The firm also represents the Pharmaceutical Care Management Association in a case that seeks to enjoin the enforcement of a District of Columbia law that regulates certain practices of pharmacy benefit managers on the ground that the law is pre-empted by ERISA and violated certain provisions of the US Constitution. The group also recently obtained the dismissal of ERISA fiduciary breach claims alleged against the former CEO and chairman of the board of a pharmaceutical company in an employer stock drop case. Other clients include BP and the firm is ERISA fiduciary panel counsel for both Chartis and Chubb. Paul Ondrasik leads the ERISA litigation practice. He is ‘a keen intellectual who has breadth and depth in his scope of knowledge’. ‘He knows every angle of ERISA law’. Eric Serron and Morgan Hodgson both have extensive experience in this area of law and are also recommended.

Within International trade, Steptoe & Johnson LLP is a first tier firm,

With a broad-ranging practice that covers everything from customs work to international trade policy and negotiation, Steptoe & Johnson LLP’s clients say that the firm has ‘top-notch international trade attorneys, with substantive legal knowledge and experience in resolving complex controversies and handling trade policy matters’. The trade team has particular expertise in WTO dispute resolution and the practice has advised governments and private sector interests in nearly two dozen WTO proceedings, which have given rise to more than 40 panel and Appellate Body reports. The firm represented the Government of China in proceedings against the US concerning the imposition of antidumping and countervailing duty orders on four Chinese products as well as acting for the Government of Canada before the Appellate Body in the significant case of United States – Lumber ITC Investigation. On the trade policy side, the practice advised the Korean Ministry of Knowledge Economy (“MKE”) on the Korea-United States Free Trade Agreement (KORUS), the largest FTA since NAFTA. The firm helped MKE formulate positions and draft proposed negotiating text on a wide array of issues, including tariff reductions, textiles, trade remedies, market access, investments, government procurement, autos, and electronic commerce. The practice also advised the Confederation of Mexican Industries (COECE) in the negotiation of the North American Free Trade Agreement, and provided advice to the Government of Canada in connection with the negotiation of the Canada-United States Free Trade Agreement. With a large trade team, clients are impressed with the firm’s ‘high-quality work, fantastic briefs and oral arguments’. Susan Esserman chairs the international practice and is highly regarded by clients and peers alike. Litigator Mark Moran has a wealth of experience before international tribunals, and is ‘a leader in the field’ and ‘exceptionally client-focused’. For trade policy matters, Richard Cunningham is ‘pragmatic and smart’.

Within Telecoms and broadcast: regulatory, Steptoe & Johnson LLP is a second tier firm,

Steptoe & Johnson LLP’s seven partner group, led by satellite and wireless expert Philip Malet in Washington DC, is ‘the best in the field’, representing the leading names in the wireline, wireless, satellite, media, and internet sectors. Specialisms include wiretapping issues associated with the Communications Assistance for Law Enforcement Act of 1994 (CALEA) and data security and privacy matters as well as media representation and encryption issues. The group offers particular expertise in satellite matters, with Pantelis Michalopoulos and his team advising longstanding client DISH Network and its spin-off company EchoStar on numerous issues, notably assisting DISH to obtain “qualified carrier” certification, thus gaining a waiver of a nationwide court injunction, and winning the right to provide distant network stations to qualified subscribers. The team represented DISH in its effort to obtain meaningful net neutrality rules, including non-discriminatory access to the broadband pipe, and equal treatment of the EchoStar Sling product on mobile broadband platforms. Other work included representing AOL in relation to net neutrality and the Comcast merger proceeding. The group operates at the intersection between technology and telecoms, advising on broadband and net neutrality issues as well as more controversial topics. Head of technology department Alfred Mamlet is representing joint venture OnAir Switzerland on FCC, legislative, security, and FAA issues involved in providing in-flight telecommunications services to mobile phones – services that are currently prevented by US law. Other major clients include Inmarsat, Cricket Communications and Alinda Capital Partners.

Within Telecoms and broadcast: transactional, Steptoe & Johnson LLP is a third tier firm,

Steptoe & Johnson LLP’s transactional work is supported by its regulatory prowess, representing many of the world’s leading and most innovative companies in the wireline, wireless, satellite, media and internet sectors Pantelis Michalopoulos in Washington DC represents AOL in a number of areas, including net neutrality and the Comcast merger proceeding. Alfred Mamlet represented Inmarsat in transaction negotiations with Boeing to build and provide services over a 5th generation Ka-band satellite system. Boeing agreed to purchase satellite services from Inmarsat on a take or pay basis Philip Malet is serving as counsel to Alinda in the regulatory approval process in its $137m acquisition of DukeNet Communications.

Within Domestic tax: East Coast, tier 4

Steptoe & Johnson LLP has established a reputation for high-quality advice in non-contentious work, although the firm is best known for controversy matters. Department co-chair Philip West, who ‘grasps complex situations very quickly and offers sound practical and technical advice’, with co-chair Mark Silverman, assists long-term client Henkel KGaA with transactional tax planning, including spin-offs and purchases of multinational businesses such as the acquisition of Imperial Chemical Industries from Akzo Nobel. In addition to attorneys acting for major corporations and privately held companies, the group also houses Catherine Wilkinson, a certified public accountant, who specializes in the not-for-profit and charities sector. The firm’s clients include Allstate Insurance, EQT Corporation, Liberty Global and Raytheon.

Within Domestic tax: West Coast, tier 4

Steptoe & Johnson LLP’s Phoenix-centered tax practice attorneys ‘are knowledgeable, and proactive in anticipating problems’. Co-chair Pat Derdenger, who is ‘attentive, communicative, and sensitive to client billing concerns’, includes controversy within his corporate tax practice. Dawn Gabel is recommended for her SALT expertise. Practice clients include First Data Corporation and National Semiconductor.

Within Employee benefits and executive compensation, tier 5

Steptoe & Johnson LLP’s five-partner compensation and benefits group is led from Los Angeles by Don Wellington, ‘the consummate adviser, who cuts right to the chase when we need to make decisions about how best to proceed’; Wellington serves as outside tax counsel to Los Angeles County Employees’ Retirement Association (LACERA), the largest county retirement system in the nation. The practice ranges across all aspects of employee benefits (ERISA), and executive compensation. Recommended lawyers include, in Washington DC, Melanie Nussdorf, who provides ‘knowledge, experience and responsiveness of the highest order’, and Anne Moran for all ERISA matters including litigation. Representative clients include Capital Group, County of Santa Barbara, Intermec and the New York State Teachers’ Retirement System.

Within International, tier 5

Steptoe & Johnson LLP’s Washington DC tax group, headed by Philip West and Mark Silverman, is instructed in a range of international matters, including advice to multinationals on US tax treaty issues and the US tax consequences of internal restructurings. The group has assisted Canada’s TD Bank with a number of international transactional, policy, and controversy matters, including legislative and administrative advocacy in connection with various tax treaties.

Within Tax controversy, Steptoe & Johnson LLP is a third tier firm,

Steptoe & Johnson LLP’s tax controversy practice is ‘responsive, and also very proactive in anticipating potential problems and opportunities’ in state and federal tax controversy and criminal tax litigation. Tax policy guru Mark Silverman chairs the group from the Washington DC office, which also houses the majority of the team, with a smaller representation in Phoenix Arizona. Several members of the practice have served in the Justice Department, Treasury or IRS. Recommended litigators in a strong group include the ‘outstanding and extremely professional’ Matthew Lerner, and elder statesman Matthew Zinn for appellate instructions. Philip West and special counsel Michael Durst are ‘excellent in the transfer pricing arena’. The group has particular expertise in insurance sector taxation, in which Arthur Bailey and J Walker Johnson excel: they are currently acting as joint lead counsel for John Hancock Life Insurance in three complex, high-value, tax court cases involving the tax treatment of cross-border leveraged lease investments. Pat Derdenger, in the Phoenix office, has an extensive state and local tax practice. Lawyers named are located in Washington DC unless otherwise indicated. Practice group clients include Fluor Corporation, Koch Industries, Liberty Global, and Procter & Gamble.