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Index of tables

  1. Construction (including construction litigation)
  2. Hall of Fame
  3. Leading lawyers
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Who Represents Who

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Jones Day provides a ‘very good, responsive and cost-effective’ service and is well known for its expertise in arbitration for large-scale construction disputes and for transactional assistance with some of the largest and most prominent infrastructure projects in the world. The team was active in the oil and gas sector in 2017, with San Francisco-based Stephen O’Neal notably representing the Chevron group in an UNCITRAL arbitration in Perth, Australia in a $1bn dispute regarding the construction of a jetty on Barrow Island, Australia. O’Neal also successfully defended a multinational oil and gas client against claims of over $200m in connection with a pipeline project off the coast of Africa. Andrew Ness splits his time between Saudi Arabia and Washington DC and has assisted Saudi Aramco with a variety of construction issues, including construction contracts and disputes. The firm works for owners and contractors, including global developers, and has a client list that includes AECOM, Yokohama and Transbay Joint Powers Authority.

The ‘relaxed, friendly’ team at Jones Walker LLP is a ‘national leader in the field’. The construction practice is jointly led by Chad Theriot and Richard Tyler, who are based in Atlanta and New Orleans respectively. The firm has seen a recent uptick in work in the energy sector, with the ‘very knowledgeable, ethical and always-availableNeal Sweeney (Atlanta) advising an international EPC contractor on a $60m wind farm project in the US. ‘Practical, business-minded and efficient’, Joseph Henner is currently advising a US company with worldwide assets on the planned expansion of an asset in South America, with the project valued at $4bn, and is representing the prime contractor building the $1.4bn Mercedes-Benz stadium - the new home of the Atlanta Falcons. Other key partners are Houston-based Stephen Miller as well as ‘incredibly responsive, devoted and loyal’ Jennifer Lowndes and ‘rising star’ Tyler Scarbrough, who is ‘a pleasure to work with’ (both are based in Atlanta).

Trusted Advisor - with Finnegan

IP specialist Finnegan detail how their collaborative approach makes for a unique culture which is designed to allow them to work with clients in a way which is cognizant of the challenges facing all companies today.

Excellent in every way’, Kilpatrick Townsend & Stockton possess a ‘proven group of litigators with one of the best reputations in the country’. The team specializes in handling complex contracts in connection with energy infrastructure projects and is strong in major disputes arising from large infrastructure projects and redevelopments. The firm expanded in 2017, opening an office in Houston and taking a team of attorneys from Coats Rose, P.C., including office managing partner and construction and infrastructure specialist Patrick Gaas. Practice head Randall Hafer currently acts for Liberation Capital in an arbitration with an EPC contractor relating to claims of over $14m regarding defective design and construction of equipment for a renewable energy project. Lawrence Prosen is a key figure, with a ‘good sense of construction standards and implementations’ and a strong contact base amongst contractors. Prosen recently represented Welch and Rushe (W&R) in a dispute arising from W&R and another contractor’s modernization and renovation of the National Museum of American History in Washington DC. Atlanta attorneys Brian Corgan and Lee Mann are also recommended.

The ‘Pre-eminent construction law practice’ at King & Spalding LLP is known for its strength in energy industry construction matters and has a ‘tremendous level of background knowledge in the oil and gas industry’. The group is based across numerous cities in Texas and does a substantial amount of work for large multinational energy owners, including Cheniere Energy, Freeport LNG and Tallgrass Energy. ‘Exceptional lawyerCraig Ledet and ‘excellent strategist’ Michael Stenglein (Austin) work on major construction disputes in the US and across the world, arising from disruption, inefficiency, defects and even major industrial casualty events such as explosions, fires and equipment failures. Scott Greer and Angus McFadden are both highly regarded industry experts for transactional matters. Greer advised LNG Canada, a joint venture comprising Shell, KOGAS, Mitsubishi and PetroChina, on a four-train LNG facility, including a 650km pipeline; and McFadden advised the Atlanta Falcons on agreements relating to the construction of the club’s new stadium. Austin-based Adam Gray is a ‘rising star in the construction world’. Unless indicated otherwise, named lawyers are based in Houston.

Peckar & Abramson, P.C. has 11 offices across the US with more than 100 attorneys practicing almost exclusively in the field of construction law. Founding partner Robert Peckar has ‘superb industry knowledge’ and chairman Steven Charney ‘always provides solid advice’. The firm stands out for having a dedicated PPP practice, with specialist expertise in addressing the specific regulatory, contractual, transactional, financial and political issues that arise. Paul Monte leads the team, which is acting as lead counsel to major construction joint ventures in relation to, respectively, the new Tappan Zee Bridge, the Bayonne Bridge and LaGuardia Airport. Gregory Chertoff heads the construction disputes practice, key matters for which include defending contractors against, respectively, multimillion-dollar claims arising from construction of a microchip manufacturing plant, an aquarium building, and the curtain wall of the tallest building in New Jersey. The firm also assists clients in cross-border construction matters and recent highlights include representing one client in the arbitration of a $100m claim under a contract for the supply and erection of LNG and condensate storage tanks in Australia, and representing a Chinese-owned US contractor in claims arising from the development and construction of a mega-hotel in the Bahamas. Named attorneys are based in New York.

Akerman LLP advises on many types of public and private construction projects and is recognized for its experience in transportation, energy, public infrastructure, housing, government facilities and healthcare projects. Practice head Jeffrey Gilmore, who splits his time between Tysons Corner and Washington DC, represented Engineered Systems Alliance in litigation related to a $200m contract for the design, construction and installation of gas combustion turbine generators and ancillary machinery for the Food and Drug Administration’s Agriculture Research Center. Fort Lauderdale-based Stacy Bercun Bohm is currently advising Faena Group on a project worth in excess of $750m to develop a three-block long mixed-use project in Miami Beach, including site plan approval, zoning and land use amendments, and related development approvals and design and construction contracts. The team also acts on international matters, with Gilmore representing Rizzani de Eccher as a prime contractor for a $2bn facility improvement project for Al Udeid Airbase in Doha, Qatar.

Dentons’ construction practice supports clients across a variety of industry sectors, including real estate, hotels and leisure, oil and gas, power and public sector construction. The firm acts for contractors and owners in the full range of transactional and contentious matters. Practice head John Haug and David Fedder advised the owner on the EPC contract for an estimated $1.5bn chemical facility, and Haug also advised McCormack Baron Salazar on the development of residential units with estimated value of around $750m. On the litigation side, Charlie Vantine represented Central Valley Gas Storage in litigation relating to engineering defects and delays to a $200m natural gas compression and storage facility. Other clients include Granite Construction, LS Power Development, and Deutsche Asset & Wealth Management. Named attorneys are based in St Louis.

Duane Morris LLP provides a ‘very good level of overall service’. The group is led by New York-based Mark Canizio and regularly represents public and private owners and developers, contractors and subcontractors, architects, engineers and other professionals. Infrastructure construction is a growing area of work for the practice, with Canizio acting for Tutor Perini in a $50m claim against the State of New York arising out of a $150m project for the construction of the interchange between the Long Island Expressway and the Cross Island Parkway. Canizio also defended the Trustees of Columbia University against a $16m claim brought by Sciame Construction alleging breach of a construction management agreement. Kenneth Lazaruk, also in New York, is well known for his transactional abilities. Lazaruk recently assisted the developer of Hudson Yards with the drafting and negotiation of agreements for the project, which includes the construction of a mixed-use commercial, residential, hotel, retail and open space development. Philadelphia-based Richard Lowe helped settle a dispute between client HOK Architects and Bucks County, Pennsylvania regarding the design of the new Criminal Justice Center. The team strengthened in 2017 with the hires of special counsels William Marchant and Owen Newman in the San Francisco and Chicago offices respectively.

The ‘outstanding’ construction team at Eversheds Sutherland has ‘first-rate knowledge and an ability to get to the bottom line with cost-effective solutions’. Atlanta-based Lee Davis heads the practice, which works on projects across the country from its bases in Atlanta and New York. The construction team primarily represents owners and manufacturers, including major clients within the energy, power and infrastructure sectors, and focuses largely on contentious construction work; recent highlights include representing a major electrical goods manufacturer in claims for major cost overruns arising from a construction project in New York City and defending a firm of contractors against claims arising from the design and construction of a sports arena. ‘Conscientious and proficient’ Henry Parkman (Atlanta) is recommended for ‘his integrity, honesty and judgment’. In March 2018, Jennifer Fletcher re-joined the firm, closing her sole practice.

Foley & Lardner LLP assists public and private owners, contractors and subcontractors, and engineers with complex construction problems, handling a mixture of contentious and non-contentious work. The 10-partner team, led by Jeffrey Blease in Boston, works on large commercial, infrastructure and power projects across the country. New York-based Peter Wang and Douglas Heffer are acting for Westinghouse as plaintiff against Chicago Bridge & Iron in a contentious matter worth $2bn relating to cost overruns at a large nuclear power facility, and Orlando-based Edmund Baxa is advising Syracuse University on matters pertaining to its athletics stadium, the Carrier Dome. Transaction specialist Lisa Glahn joined the Boston office in May 2017 from Akerman LLP and is advising Suffolk Construction on a number of prospective projects. Other notable clients include Mayo Clinic, DuPont and Lennar Homes.

Greenberg Traurig LLP assists clients with contentious and transactional matters. Practice heads Robert Epstein and David Jensen, who operate out of the firm’s offices in New York and Florham Park, New Jersey, are ‘exceptional construction lawyers who are always looking for the best result’, representing public and private owners, contractors, subcontractors, designers, sureties, lenders and other parties in a wide variety of projects across the US. On the transactional side, the firm advises clients on negotiating and drafting agreements across all phases of construction projects, and Epstein and Jensen are currently acting for Triple Five regarding the $5bn American Dream tourism, retail and entertainment complex in New Jersey, set to open in March 2019. Litigator Michael Burnett (Houston) advised F.E. Moran on a multimillion-dollar arbitration against Bechtel Oil, Gas & Chemicals arising from F.E. Moran’s installation of the fire and gas systems on the Sabine Pass liquefaction project. Robert Brams (Washington DC) leads on the government construction contracts.

Holland & Knight LLP acts for major construction companies, developers and contractors, as well as public and private owners, and has a client list that includes Skanska, Lendlease and Battery Park City Authority. The firm’s work covers urban and institutional developments, resort developments, mixed-use projects and significant industrial and infrastructure facilities. The firm’s New York office services a number of major hospitals and museums, the Florida team is strong for power and infrastructure projects, and the Washington DC office has extensive government contracts and compliance experience. Practice head Stephen Shapiro splits his time between New York and Washington DC and his recent work includes advising an EPC joint venture on contractual issues relating to the construction of an LNG export facility in Texas and advising a consortium of infrastructure contractors on a PPP project to upgrade a state highway. Key contacts in the group include Boston attorney Deborah Griffin and New York-based Frederick Rohn.

Outstanding’ specialist construction firm Moye, O’Brien, Pickert & Dillon, LLP is described as ‘most competent, professional, knowledgeable and client-committed’, representing clients throughout the US, the Caribbean Basin, Central American and Canada from the firm’s sole office in Maitland, Florida. The firm’s clients include Baker Concrete Construction, Odebrecht and Johnson Bros. The firm has recently advised on water treatment plants, airport expansions, high-speed rail projects, residential and commercial high-rises, and parking structures. Managing partner James Moye, together with Mark Masterson, Bryan Capps and Jason Boffey, represented the prime contractor of the Sepulveda Pass widening project - which is to add a 10-mile, high-vehicle occupancy lane to the existing infrastructure and widen lanes from the Santa Monica Freeway to the Venture Freeway - in claims involving changed/extra work and disruption. Sean Dillon acted for a national contractor in claims in excess of $20m incurred by the client in constructing four 53-story towers in Miami with a combined value of over $600m. Brian Heald, Steven Pickert and Anthony Kovalcik are also key names.

Washington DC-based Jeffrey Gans heads the construction team at Pillsbury Winthrop Shaw Pittman LLP, which has strong experience in construction dispute resolution work advising owners and contractors. Michael McNamara (Washington DC) advised Duke Energy in a dispute with Westinghouse Electric over refunds and termination costs related to the termination of an EPC agreement with the Levy County nuclear power project. The firm also assists with transactional matters; John Heisse and Clark Thiel (both San Francisco) advised Golden Link Concessionaire on the Presidio Parkway PPP linking San Francisco to the Golden Gate Bridge. In another notable matter, the firm advised Pacific Hospitality Group on its dispute with an insurance carrier regarding construction defects arising during the renovation of a historic New Orleans hotel.

Schiff Hardin LLP assists clients with construction matters across the US from its offices in Chicago, New York and Washington DC. Practice head Kenneth Roberts is retained by the Dormitory Authority of the State of New York to assist with procurement issues, including reviewing contracts and mediating disputes. Roberts also serves as chair of the dispute avoidance panel as it relates to the contractor and owner regarding Fort Lauderdale airport’s $762m runway project - part of a $2.3bn capital improvement project. Kevin Kolton and Heidi Rowe have advised real estate investment trust Equity Residential on contract negotiation, claims management and dispute resolution. The energy sector remains important for the firm, and it is assisting public utility company Alliant Energy with various projects, including its $3.5bn pollution retrofit program and the development of two 650MW combined-cycle gas plants. Brian Lustbader (New York) is also noted. Named attorneys are based in Chicago unless stated otherwise.

Seyfarth Shaw LLP’s ‘very knowledgeable’ team has ‘a wide breadth of experience in the local and national industry’ and provides ‘excellent service’. Bennett Greenberg and Sara Farabow head the construction practice out of Washington DC, but the team also has partners stationed in New York, Chicago, San Francisco and Boston. The hotel and leisure sector has been a source of work, and Farabow and Alison Ashford (New York) assisted Diamond Resorts International with the development of a luxury timeshare resort in Hawaii as well as helped the client overhaul its suite of construction and commercial contracts for forthcoming projects. The team has also received work relating to major infrastructure projects, with Greenberg and San Francisco-based Michael McKeeman (San Francisco) representing the Transbay Joint Powers Authority on all construction law considerations surrounding the development of a $4.5bn transit center in the heart of San Francisco. On the contentious side, Greenberg represented the Municipality of Anchorage in litigation valued at $340m filed against participants in the design and construction of the Port of Anchorage Intermodal Expansion Project.

Smith, Currie & Hancock LLP has handled construction law and government contracts work for over 50 years. Atlanta-based Robert Chambers heads the team, which spans Charlotte, Raleigh, Fort Lauderdale, San Francisco and Washington DC. The team’s industry expertise includes energy, healthcare and infrastructure, and it primarily represents contractors, subcontractors and design professionals in high-value disputes. Recent work includes representing clients in multimillion-dollar disputes pertaining to railways, mixed-use development projects and nuclear power plants. The firm recently promoted a number of team members to the partnership, including Stephen Reams and Scott Walters in Atlanta and Brian Wood in Washington DC. George Wenick (Atlanta) is recommended for his expertise in advising on public and private construction contracts.

The ‘excellentThompson Hine LLP has a ‘very knowledgeable, very responsive, top-notch’ construction practice, with ‘unmatched expertise with respect to sports facility construction matters and wrap-up insurance programs’. ‘Extremely knowledgeable and practical’ practice head Jeffrey Appelbaum, based in Cleveland, is currently serving as Broward County’s lead negotiator for its $550m convention center expansion and headquarter hotel project, and is assisting the Texas Rangers as a legal and risk management consultant regarding its new 41,000-seat stadium, Globe Life Field. In recent years, the team has also advised on major community development projects in downtown Cincinnati, including Erin Luke (Cleveland) advising on a $90m mixed-use project. The firm has a track record in public projects in social infrastructure and real estate, including PPPs, and has worked on major stadium, university and research center constructions. The practice has enhanced its ability to handle government contracts matters by hiring Tom Mason, Raymond McCann and Francis Purcell from Cooley LLP into the firm’s Washington DC office.

The ‘smart, thorough, responsive, strategic and service-oriented’ team at Varela, Lee, Metz, & Guarino, LLP is noted for its ‘knowledge of the construction industry, specifically in the complex areas of scheduling and delay damages and technical construction specification and design issues’. The founding partners are all construction specialists, namely Paul Varela, Todd Metz, Joseph Guarino and Bennett Lee, with ‘each bringing a different approach and style to litigating complex construction cases as well as an impressive command of industry knowledge’. Areas of specialty include the industrial, power and transport sectors. Varela represented a joint venture formed by three of the most prominent general contractors in arbitration relating to a $1.5bn classified US government facility in Utah and issues surrounding its electrical equipment as well as complex programming and quantum issues. Lee is advising Chicago Bridge & Iron Company in an ongoing dispute with Sinclair Oil surrounding an explosion in 2013 at Sinclair’s hydrocracker complex at a Wyoming refinery. Other notable clients include Chevron, Clark Construction and Kiewit. Named attorneys are based in the firm’s office in Tysons Corner, Virginia, save Bennett Lee who is based in its San Francisco office.

The ‘responsive, knowledgeable and practical’ team at construction boutique Watt, Tieder, Hoffar & Fitzgerald, LLP has ‘the best mix of expertise and rates’, according to one client. McLean-based Lewis Baker heads the practice, which spans offices in Las Vegas, Irvine, Seattle, Miami and Fort Lauderdale. The firm saw a number of new arrivals in 2017: Jane Kearl in Irvine, Thomas Windus in Seattle and Jennifer Kneeland in McLean from CB Jackson Law, Livengood Alskog and Linowes and Blocker respectively. A substantial proportion of the firm’s work is received from large general contractors, including Kiewit Construction, Hensel Phelps and DPR Construction, and the power and infrastructure sectors are particularly busy areas. Shelly Ewald (McLean) represented Kiewit in connection with an action arising from Los Angeles Water and Power Department’s Scattergood Unit 3 Repowering project.

Laurin Quiat heads Baker & Hostetler LLP’s construction practice from the Denver office. The other key offices for the team are Houston, Orlando, Cleveland, Los Angeles, Seattle and Washington DC. Student housing is a key area of focus for the practice and it represents one of the largest national developers of student housing in drafting and negotiating design, construction and related contracts. Dispute resolution is the firm’s main strength and highlights in 2017 included Quiat representing 700 Dexter in a lawsuit brought by the client against BioMed under the terms of a contract for the purchase of an $18m property in Seattle, and Quiat defending longstanding client Oatey against a laborer’s claim alleging that he developed lung cancer as a result of substances in the client’s cement. The team also has a number of transaction specialists spread across the country, including Penny Pittman Cobey in Los Angeles, Eben Clark in Denver and Dean Hunt in Houston.

Bricker & Eckler LLP operates mainly across the northeastern states and has offices in Columbus, Dayton, Cleveland and Cincinnati. Practice head Jack Rosati Jr is based in the Columbus office, which houses the majority of the construction practice. Healthcare has been a critical industry area for the firm over the past decade and continued to be so in 2017. Rosati Jr continued to assist private nonprofit OhioHealth, advising on the development of its Neuroscience Center, and Sylvia Gillis (Columbus) acted as construction counsel to public hospital system MetroHealth in a $400m multiple-project transformation, which included building an off-campus health center, an ambulatory and health center and expansion of an existing on-campus facility. Other recent highlights included Doug Shevelow (Columbus) prosecuting a lawsuit in federal court on behalf of the City of Canton against the manufacturer of a key piece of underperforming water treatment equipment and Mark Evans defending the City of Hamilton against various claims and pursuing counterclaims relating to an interceptor improvement construction project. Of counsel Robert Lally joined the Cleveland office, having previously served as the City of Cleveland’s assistant director of law.

Cozen O'Connor works for a number of leading companies in the construction industry, including Pepper Construction, Allan Myers and Macerich, and has particular expertise in litigation pertaining to large infrastructure projects. The firm’s construction practice was strengthened in 2017 with the hires of Bruce Ficken, Raymond DeLuca, James Kwartnik and Jeffery Mullen in Philadelphia from Pepper Hamilton LLP, as well as Philip Seybold and Jason Domark from WilmerHale in Washington DC and White & Case LLP in Miami respectively. DeLuca represented Toll Brothers in construction defect litigation in Pennsylvania and Delaware and advised the client on addressing a national epidemic relating to water infiltration and other building envelope deficiencies with an estimated liability of $324m. Ficken acted for Flaherty & Collins Properties in its development of a mixed-use development project in Indianapolis worth around $89m; he was engaged by the client to advise on a dispute with a national construction manager relating to delays and disruptions on the project, alleged design defects and alleged defective construction.

Robert Crewdson and Anthony Meagher chair the construction group at DLA Piper LLP (US) from Atlanta and Baltimore respectively; other keys offices for the practice are Chicago, Boston, Washington DC, Philadelphia and San Francisco. The firm continues to be a major player in the commercial and residential real estate market, with Credwson representing Federal Realty Investment Trust in connection with the preparation of various design and construction agreements for the ongoing development of the $600m Santana Row project in San Jose, California. The firm is also noted for its work on infrastructure projects, which includes advising on stadia and large-scale mixed-use developments. Brian Fielden (Atlanta) has been handling the construction law considerations for AS Roma’s new stadium, the Stadio della Roma, and has advised Rangers Baseball Express on the development, design and construction of the Rangers’ new ballpark and integrated mixed-use development in Arlington, Texas. The firm has other longstanding client relationships with the Atlanta Braves, AIG Global Real Estate and Cityline Partners.

Farella Braun + Martel LLP has assisted clients with construction projects throughout the US and overseas, including power plants, renewable energy projects, hospitals, waste facilities, airports and university housing. Richard Van Duzer heads the seven-partner construction team, which operates out of the firm’s office in San Francisco. In 2017, Van Duzer represented STG Hospitality Group in construction cost and delay claims arising out of the remodel and build-out of Single Thread Farm’s facilities in Healdsburg, California, and advised CIM Group on its ongoing development and construction of a 375-unit mixed-use project located near AT&T Park in San Francisco. Deborah Ballati represented a subsidiary of CH2M HILL in litigation arising out of the investigation and remediation of a former naval shipyard. Other clients including Kleinfelder, Mitsubishi Nuclear Energy Systems and First Solar.

The hub of California firm Hanson Bridgett LLP’s construction practice is in San Francisco, which is where co-chair of the group Lisa Dal Gallo and former chair Howard Ashcraft are based. Other key offices include Sacramento, Walnut Creek, San Rafael and Los Angeles. The practice strengthened significantly this year with the hires of new co-chair Scott Hennigh and Mathew Troughton in San Francisco from Sheppard, Mullin, Richter & Hampton LLP, David Buoncristiani in San Francisco from Jones Day, and Garrett Mott in Los Angeles from Manatt, Phelps & Phillips, LLP. The team operates in an array of public and private markets, including highway and light rail, tunnels and pipelines, healthcare, coastal and marine, high-rise residential and mixed use, and utilities. Hennigh is currently handling major litigation on behalf of a joint venture arrangement controlled by two major contractors pertaining to the California Route 91 highway PPP, and acted for InterContinental Hotel San Francisco in litigation over the construction of aspects of the hotel. David Buoncristiani (San Francisco) is currently representing a joint venture of Flatiron and Kiewit in claims against the owner and subcontractor totaling around $60m regarding a transport sector project. Managing partner Andrew Giacomini and Joseph Moore (both San Francisco) are other key attorneys in the construction team.

K&L Gates services clients from a diverse range of industries, including energy and power as well as transportation, heavy industrial, commercial, residential, manufacturing and petrochemicals. Pittsburgh-based Jason Richey heads the team and notably represented MarkWest Energy Partners in a construction dispute involving a natural gas processing facility in Pennsylvania, filing an action against the contractor and engineering firm for, among other things, breach of contract and professional negligence. On the transactional side, John Allison (Charlotte) acted for Duke Energy in a project for a 400MW natural gas fired power plant in North Carolina, utilizing innovative technology not yet in commercial operation. Gregory Andre (Chicago) and Timothy Pierce (Los Angeles) are noted.

Kirkland & Ellis LLP advises on high-stakes construction and engineering disputes as part of its impressive nationwide litigation practice. Areas of particular activity in 2017 include airport construction and chemical engineering. Chicago-based Jeffrey Willian continues to represent CF Industries in claims against contractors and designers for cost overruns regarding a number of projects (worth over $1bn). The firm also advises clients on issues arising under construction and engineering contracts, with James Nowacki (also Chicago) advising the Academy for Global Citizenship on construction matters associated with the design and construction of a new charter school in South Chicago. Nowacki is also advising the Chicago Shakespeare Theater on development of a theatre on Navy Pier.

Mayer Brown’s construction group is spread across the country, with experts based in Chicago, New York and Houston. Joanna Horsnail heads the team, which advises a plethora of public and private entities, including Benteler International, California High Speed Rail Authority and the University of Notre Dame. Recent work includes Horsnail representing Garver Engineering on the procurement and negotiation of a design-build contract for a large road and bridge infrastructure project, and John Schmidt and David Narefsky advising Chicago Transit Authority on the proposed $4bn design, reconstruction, financing and maintenance of the Red Line. Senior associate Sara Hess is noted for advice on complex government transactions and construction projects, especially PPPs and alternative project delivery methods in infrastructure. Named attorneys are based in Chicago.

Pepper Hamilton LLP advises on a range of transactional and contentious construction issues, particularly those relating to infrastructure and energy projects. The team is headed by Michael Subak in Philadelphia, with 14 other partners spread across the firm’s offices in New York, Los Angeles, Pittsburgh and Detroit. Albert Bates and Ralph Finizio are noted. The practice stands out for its contractor client base, which includes the likes of Bechtel, Sciame Construction and AECOM. Other clients include specialty infrastructure contractors MasTec and Midasco, on behalf of which the team has been advising on billion-dollar highway and rail disputes respectively.

The ‘excellentReed Smith LLP provides a ‘high level of service, responsiveness and very solid guidance’. Michael Dingman heads the construction team from Tysons Corner, Virginia, with other notable practitioners based in Pittsburgh, San Francisco, Houston, Philadelphia and other offices. Construction attorneys at the firm handle litigation, mediation, arbitration and other dispute resolution mechanisms for large international construction companies, major real estate developers and well-known corporations. Dingman led the negotiation of design and construction agreements for a $500m mixed-use project in Tysons Corner on behalf of a national multifamily housing developer. Pittsburgh-based Tarek Abdalla assisted the joint owners of a nuclear station with ongoing design and construction work on the facility in spite of the bankruptcy of the EPC contractor, Westinghouse Electric, and with negotiating a $2.2bn settlement with Toshiba, Westinghouse’s parent company. Tysons Corner-based Thomas Folk and James Brennan are noted as other key figures.

The West Coast-based construction team at Sheppard, Mullin, Richter & Hampton LLP is best known for disputes. The team acts for owners, developers, contractors and other design professionals, with clients including Atkinson Contractors, San Diego Gas & Electric Company and Therma Corporation. Practice chairs Hal Hamersmith and Candace Matson defended Jacobs Engineering against an $18m professional negligence claim brought by the County of San Bernardino arising from the expansion of the Adelanto Detention Center, and Hamersmith represented Samsung Engineering in arbitration arising from a multibillion-dollar modernization project for the Sohar Refinery in Oman. Other key attorneys on the team are Hwan Kim and Neil Popović.

Chicago-based Stein Ray LLP focuses on the resolution of disputes arising from complex infrastructure and manufacturing disputes. Name partner Steven Stein heads the seven-partner team, with other name partner Stephen Ray a key figure. Recent highlights include representing an international EPC firm in defense of a $1bn claim arising from a mining and process plant constructed in Newfoundland, Canada, and defending an EPC contractor against a $30m claim regarding a mining reclamation project in Australia.

Houston-headquartered Vinson & Elkins LLP acts on complex energy and infrastructure projects as well as public and private building contracts, with a client list that includes Noble Energy, Occidental Petroleum and Investec. The international practice is led by London-based Nick Henchie and Houston partners Ferguson McNiel and Kaam Sahely, who specialize in commercial litigation and energy transactions respectively. Mark Brasher and Doug Bland acted for subsidiaries of Tellurian in connection with the project development arrangements for a LNG export project worth approximately $15bn, including the construction of a multi-train LNG liquefaction and export terminal and EPC arrangements for a long-haul natural gas pipeline. Brasher and Sahely also advised Gulf Coast Ammonia (a joint venture between Agrifos and Borealis) on the development, construction, operation, maintenance and project financing of a hydrogen-based ammonia production facility in Texas worth around $800m. Attorneys are based in Houston, save where otherwise mentioned.

Boutique construction practice Zetlin & De Chiara LLP represents architects, engineers, real estate owners, developers and contractors. The New York-based team, which is led by managing partner Michael Vardaro, expanded in 2017 with the hire of three new associates. The firm advises some of the big names in the industry, including Handel Architects, Jensen Hughes and WSP Parsons Brinkerhoff. The firm handles ‘bet-the-company’ litigation as well as alternative dispute resolution, and advised on project labor agreements as well as front-end contract negotiation. Highlights included Vardaro defending Jensen Hughes against claims brought in relation to an atypical high-end residential project, and co-founding partner Michael De Chiara defending Handel Architects and DeSimone Consulting Engineers in a case involving numerous parties for hundreds of millions of dollars in alleged damages. Another key figure in the practice is co-founding partner and qualified engineer Michael Zetlin.

Austin-based Allensworth & Porter assists industry participants with construction litigation and arbitration, contract drafting and negotiation, professional liability and responsibility, and defense for design professionals. Amy Emerson represented Innovative Process Design & Controls in a payment and construction defect dispute over a wood pellet plant in Paige, Texas, while managing partner and team lead Joe Basham advised Waller Creek Conservancy on the preparation and negotiation of the construction contracts for the project to create and maintain extraordinary urban parks in downtown Austin.

Baker Botts L.L.P. has extensive expertise in energy and infrastructure projects, including upstream and downstream oil and gas, electric power generation, LNG liquefaction and regasification facilities. New York-based Stuart Solsky, a key figure, is currently acting as project counsel to the $850m ITC Lake Eric Connector Project, drafting and negotiating EPC contracts with subsidiaries of Siemens and Prysmian, and is performing a similar role in relation to the $550m Tema LNG Project in Ghana. Houston-based Joseph Colagiovanni is representing a US and Middle East joint venture in connection with the development of a $1.5bn ethylene glycol manufacturing facility in Texas and is advising Hines in connection with construction and design agreements for a commercial office tower in Boston.

Baker Donelson merged with Baltimore-based Ober Kaler in January 2017, a move which brought with it John Morkan and Joseph Kovars, who join as practice co-chairs alongside Mark Mercante, who is based in Mandeville, Louisiana. The firm handles a wide range of transactional and contentious construction work, with representative matters including performing a risk and condition assessment of a $241m project involving the design and supply of ‘boiler islands’ for a coal-fired thermal power plant in Indonesia, and providing construction counsel in connection with $80m in delay and overhead claims associated with the alleged defective design of a nuclear materials facility.

Bracewell LLP’s Texas-based practice has been particularly active in front-end contract negotiation, with the real estate, petrochemicals, energy and infrastructure sectors among its busiest areas in 2017. Dallas-based Brian Mitchell represented the owner and developer of the Fairmont Convention Hotel in Austin in claims worth approximately $45m brought against the general contractor. Houston-based construction litigation co-chair Richard Whiteley represented NBC’s Houston affiliate in a construction dispute relating to water damage caused by a defective retaining wall as part of a $19m project for the design and build of a next generation broadcast facility. Group co-chair Phillip Sampson Jr, Aaron Roffwarg and Austin-based Stephen Benesh are the other key figures in the team. Attorneys are based in Houston, Texas, save where mentioned otherwise.

From its Oakland, California base, Burke, Williams & Sorensen, LLP handles a wide variety of construction law work, including advising on power plant and water treatment developments as well as PPP projects. Head of the practice James Wulfsberg is currently handling significant disputes for the Los Angeles Department of Water & Power, while Stephen Cali represented a community college district as a public in construction disputes and claims with the contractor, surety and major subcontractor. The firm acts for owners and developers, national developers and professional design firms.

Texas firm Cokinos, Bosien & Young has offices in Houston, Dallas, San Antonio and Austin. The team advises on front-end contract drafting and negotiation, construction defect claims, delays and liquidated damage issues, and other matters, and has a focus on energy projects such as pipelines, LNG storage and processing plants. Founding partner Gregory Cokinos is regarded as one of the preeminent lawyers in the field and has previously advised on commercial and industrial construction projects spanning office buildings, power plants, highways, schools and offshore production and drilling platforms.

California-based Cox, Castle & Nicholson advises on design and construction agreements, risk management programs, project employment considerations, construction claims and contractor licensing. It has a particular focus on commercial real estate and infrastructure projects, including highways, hotels, and residential and mixed-use developments. Edward Quigley and Jose Padilla are currently advising the Hard Rock Hotel, San Diego, on a $100m construction defect claim. Robert Campbell is another key figure for construction litigation. On the transactional side, Jeffrey Masters and Kenneth Williams advised Next Century Associates as owner of a $2.5bn mixed-use residential and commercial project, with the firm negotiating and documenting the design, professional and consultant contracts and owner-general contractor agreements and serving as risk management and insurance coverage counsel for the client. The firm has considerable expertise in insurance coverage disputes, which Masters typically leads on.

Dickinson Wright PLLC possesses strength in energy, municipal, hospital, residential and school construction. Phoenix-based Stephen Richman heads the practice, which also draws on significant strength in Detroit and Nashville. Detroit-based Ryan Mitchell acted for Invenergy on the development of a 70-turbine wind energy project in Hardin County, Ohio, and a 65-turbine project across Isabella and Gratiot counties in Michigan. On the contentious side, Troy-based Peter Webster defended the Oakland County Water Resources Commissioner, the County of Oakland and the George W. Kuhn Drainage District against ten class actions alleging negligent drainage system design, maintenance and operation and alleging that the defects caused widespread basement flooding in Oakland County, Michigan.

The ‘highly competentNixon Peabody LLP provides a ‘high-quality service’. The construction team is experienced in a variety of areas, including mixed-use, energy, hospitality, residential, infrastructure and higher education developments, and provides expertise in both litigation and contractual negotiation. Practice head Jeffrey Brenner splits his time between Boston and Providence; notably he resolved a three-way mediation on behalf of an owner client arising out of a multi-year renovation and expansion project. John Foust (San Francisco) led a team which acted for China Oceanwide Holdings in the negotiations for the construction of two high-rise towers in downtown San Francisco, and Anthony Barron (San Francisco) is defending 5th Rock, the developer of the Hard Rock Hotel in San Diego, in a suit brought by the current owner claiming around $80m in damages in connection with the potential temporary closure of the hotel. Rochester and New York-based Darren Miller was promoted to partner in February 2017.

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  • Korean Financial Regulators Advance Legislation to Introduce Regulatory Sandbox to Spark FinTech

    The 2018 year in review in Korea was notable for the sluggish overall economy, uncertainty surrounding the geo-politics and impact on Korea due to the global trade wars, on-going concerns related to the lack of jobs and unemployment, increased taxes and burdens for businesses and families, and no meaningful improvement or clarity in the current situation for 2019. In response, the Korean National Assembly passed a legislation called the Financial Innovation Support Act (the “FinISA”) on December 7, 2018 to spark the financial services industry in conjunction with FinTech products and services. The FinISA, which will soon take effect in March 2019, is intended to lay the legal foundation to introduce a regulatory sandbox for innovative financial services, where FinTech firms test their new products and services without certain regulatory oversight pursuant to exemptions for a limited period of time (“Sandbox”). As the FinISA exempts or defers application of existing finance-related regulations for new financial technology, products or services with the purpose of fostering the creation of innovative and new financial products and services, it will also support the stabilization of such services in the financial services market at the end of the testing period and is expected that the FinISA will support a revitalization of the FinTech industry which experienced sluggish growth in recent times. In particular, as companies and investors become more interested in security tokens and Security Token Offerings (“STO”) which are regulated by the Financial Investment Services and Capital Markets Act (the “FSCMA”), there have been on-going discussions and debates as to whether the FinISA could lead to a breakthrough in the crypto-asset industry based on blockchain technology. Crypto assets encompasses those assets which utilize blockchain technology where the asset is digitalized by utilization of cryptography, peer-to-peer networks and a public ledger of verified transactions resulting in a ‘units’ of such a crypto asset without any involvement by middle-persons or brokers (e.g., cryptocurrency.

    The sacking of Nissan’s high-profile chairman may have beenproof that nobody is infallible. But Nicola Sharp argues that it should also beseen as an indicator that no company can be considered safe from wrongdoing.
  • 2018 FCPA Enforcement Actions and Highlights

    Overall, 2018 was a more active year in terms of Foreign Corrupt Practices Act ("FCPA") enforcement actions compared to 2017.
  • Legality of advertising with statements on the effects of medical treatments

    Advertisements featuring statements on the effects of medical treatments are only permissible if they are supported by sound scientific evidence. This was reaffirmed by the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt.
  • Sayenko Kharenko announces new partner promotion

    Sayenko Kharenko announces new partner promotion
  • ECJ – Distinctive character necessary for registration as EU trade mark

    For a sign to be capable of being registered as an EU trade mark, it must be distinctive across the entire European Union. This was confirmed by the Court of Justice of European Union (ECJ) in a ruling from 25 July 2018.
  • Supporting local and international charitable organizations

    As one of the leading law firms in Cyprus, we are active promoters and supporters of local economic growth by sponsoring local events, applying environmental-friendly practices, minimizing our ecological impact, and most importantly, by raising money for local charities and non-profit organizations.
  • BAG – Employers can claw back bonus payments

    The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, confirmed in a recent ruling that employers can claw back collectively agreed bonus payments from employees under certain circumstances.
  • Stricter supervision in relation to the Scheme for Naturalisation of Investors in Cyprus by Exceptio

    Recently there were a lot of publications within the European Union expressing concerns about the allegedly very high number of Cypriot passports being given to foreign investors the last few years. The Council of Ministers has decided on 9th January 2018 with the decision with number 84.069, to impose a stricter supervision of all the parties involved in the Scheme for the naturalisation of non-Cypriot investors in Cyprus by exception.
  • 19% VAT on Plots

    In order to harmonize the  Acquis Communautaire on the Taxation of untapped and undeveloped plots of land, the Cyprus Government enacted, on 03/11/2017, relevant legislation for the imposition of 19% Value Added Tax (VAT) on these properties, with a date of enforcement being 02/01/2018. The relevant legislation refers to plots/pieces of land offered and/or provided for construction for economic purposes.

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