Akin > Irvine, United States > Firm Profile

Akin
4 PARK PLAZA #1900
IRVINE, CA 92614
CALIFORNIA
United States

Finance > Restructuring (including bankruptcy): corporate Tier 1

Akin‘s financial restructuring practice, operating out of New York, Washington, D.C., and Texas, is well known for representing companies, ad hoc groups, creditors’ committees, and investors in relation to high-profile, multi-billion-dollar restructurings. Practice co-head Ira Dizengoff has an excellent reputation for advising creditors’ and bondholder committees in major corporate restructurings, and also has considerable experience representing debtors in possession, post-petition lenders, and acquirers of distressed assets. Practice co-head Philip Dublin has worked on deals involving nearly $27 billion in liabilities in the past year, and has led teams representing debtors, secured term lenders, first and second lien lenders, bondholder groups, creditors’ committees, and DIP lenders. Michael Stamer has considerable experience representing creditors, lenders, and companies in both in- and out-of-court reorganizations, and has recently led teams representing bondholders, senior unsecured noteholders, and unsecured noteholders. Abid Qureshi focuses on litigation in corporate reorganizations, while Arik Preis has been at the forefront of the major opioid manufacturer restructurings. All lawyers mentioned are based in New York.

Practice head(s):

Ira Dizengoff; Philip Dublin

Other key lawyers:

Abid Qureshi; Arik Preis; Brad Kahn; Michael Stamer; Naomi Moss; Sara Brauner; Scott Alberino

Government > Government relations

Akin houses one of the largest government relations practices in the market, with deep bench of lawyers and non-lawyers advisors who have extensive experience in the political process. Especially active in representing clients in high-profile interactions with congressional committees, the executive branch and federal agencies, key areas of strength of the bipartisan group include tax, trade, healthcare, financial services, energy and environment. The group is also noted for its congressional investigations offering, having recently assisted various corporates and senior executives with high-profile inquiries into the January 6th riot and the Covid-19 crisis. Specialized in international trade and intellectual property matters, Brian Pomper is a leading international trade lobbyist. He oversees the public law policy group alongside Hunter Bates, who covers matters in the tax, healthcare, transportation, technology and financial services segments. Raphael Prober and Karen Christian jointly leads the congressional investigations team and have significant experience in both the public and private sectors. Arshi Siddiqui is noted for her political and private sector experience, serving as senior policy advisor to former House Speaker Nancy Pelosi and representing corporate clients before Congress and the executive branch.

Practice head(s):

Hunter Bates; Brian Pomper; Raphael Prober; Karen Christian

Other key lawyers:

Key clients

Deutsche Bank

Former CDC Director

Novo Nordisk

National Independent Venue Association

Work highlights

  • Assisted a national gun violence prevention organization, in supporting the passage of the Bipartisan Safer Communities Act, which was signed into law by President Joe Biden on June 25.
  • Represented the former director  of national media for the Oath Keepers, on a pro bono basis in a hearing before the Select Committee to Investigate the January 6th Attack on the United States Capitol.
  • Acted for the former director of the Centers for Disease Control and Prevention during the Trump administration, on multiple investigations, including inquiries by the House Select Subcommittee on the Coronavirus Crisis (SSCC), the Senate Homeland Security and Government Affairs Committee (HSGAC) and the Government Accountability Office.

International Trade > Customs, export controls and economic sanctions Tier 1

Demonstrating a ‘vast array of knowledge and experience’, Akin fields a destination international trade practice, which houses top-tier offerings in customs and import controls, and export controls and economic sanctions. In terms of the former, its ability to leverage the wider firm’s legislative and trade policy expertise is a significant differentiator in regards to advising on customs regulation and World Trade Organization (WTO) customs affairs. Lars-Erik Hjelm is a go-to customs expert and co-heads the customs group together with next-generation partner Suzanne Kane. On the export controls and economic sanctions front, the team routinely advises on high-stakes International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) investigations and compliance matters—notably, it has handled almost every single consent agreement issued by the Department of State for ITAR. Key names on the export controls side include high-profile specialist Kevin Wolf, who is a  former Assistant Secretary of Commerce for Export Administration, Los Angeles-based Shiva Aminian , and international trade co-heads Thomas J McCarthy and Jonathan Poling. The team’s growth was recently reflected in a flurry of partner promotions, including Kimberly Myers, and Alexis Guinan—both handle customs, export controls and economic sanctions. Named attorneys are based in Washington DC unless stated otherwise.

Practice head(s):

Thomas J McCarthy; Jonathan Poling; Lars-Erik Hjelm; Suzanne Kane

Other key lawyers:

Kevin Wolf; Shiva Aminian; Anne Borkovic; Nnedinma Ifudu Nweke; Kimberly Myers; Alexis Guinan

Testimonials

‘The Akin team has a vast array of knowledge and experience and is extremely capable of supporting a global company across a broad range of subjects.’

Each member of the team is willing to gain in-depth knowledge of complex subject matter in order to best represent their client. They are very good at assigning associates to aspects of the file that correspond best with their strengths. They are very good at ensuring continuity on long-term files.’

‘The team consistently delivers a high quality product. Specific individuals who have excelled in this area in the US are: Thomas McCarthy and Suzanne Kane.’

‘The firm has strong knowledge on semiconductor industry.’

‘The individuals we worked with, including Kevin Wolf and Kimberly Myers, are export control experts with sharp expertise and excellent work ethics to delivery the work products on time.’

Key clients

L3Harris Technologies, Inc.

Honeywell International, Inc.

Deloitte Touche Tohamatsu Limited

ZTE Corporation

Microsoft Corp.

OFilm Group Co. Ltd.

Amazon.com, Inc.

Raytheon Technologies

Volkswagen Group of America

NIKE, Inc.

United Parcel Service, Inc. (UPS)

Johnson & Johnson, Inc.

Maersk, Inc.

H-E-B Grocery Company, L.P.

World Wide Packaging, LLC (WWP Beauty)

KT&G Corporation

Thomas Miller Americas, Inc. (UKP&I)

Work highlights

  • Retained as international trade counsel to ZTE Corporation, a company that was the subject of the largest export controls settlement in US history and two US government-appointed monitors.
  • Successfully represented the Beer Institute in a customs case before the Federal Circuit.
  • Kevin Wolf was retained as the Special Compliance Officer to report to the Department of State to ensure L3Harris Technologies’ compliance with a consent agreement it entered into regarding export control violations.

International Trade > Trade remedies and trade policy Tier 1

International trade powerhouse Akin fields one of the most comprehensive practices in the market. Equally adept at representing companies, industries, and foreign governments, the Washington DC-based group combines strong skill sets in trade policy and trade remedies with an extensive global footprint that takes in platforms in key trade centers in Asia, Europe and the Middle East. The group is commended for possessing ‘the manpower to tackle larger cases’, recently evidenced by Matthew Nicely‘s representation of HMTX Industries, and more than 100 additional plaintiffs, in a major challenge to the US government’s Section 301 tariffs on Chinese goods—among the largest group of related cases ever brought before the US Court of International Trade (CIT). Stephen Kho fronts the trade policy team and is advising the Consumer Technology Association on trade policy issues impacting the consumer electronics industry, including Section 301 tariffs in multiple jurisdictions and laws affecting supply chain management. The deep bench also draws on Bernd Janzen, who acts for US and foreign clients across a range of trade litigation matters, up-and-coming trade litigator Yujin Kim McNamara, and Hal Shapiro a former Senior Advisor for International Economic Policy at the National Economic Council.

Practice head(s):

Thomas McCarthy

Testimonials

‘Each member of the team is willing to gain in-depth knowledge of complex subject matter in order to best represent their client.’

‘They are very good at assigning associates to aspects of the file that correspond best with their strengths. They are very good at ensuring continuity on long-term files.’

Matthew Nicely’s team at Akin Gump has the manpower to tackle larger cases.’

Key clients

Consumer Technology Association (CTA)

Government of British Columbia

HMTX Industries LLC

Government of Korea, Ministry of Trade Industry & Economy

Sumitomo Rubber Industries Ltd.

Government of Japan, Ministry of Economy, Trade and Industry

Eastman Chemical Company

Business Roundtable (BRT)

Solar Energy Industries Association (SEIA)

Electrolux North America, Inc.

Nextera Energy Inc.

Deloitte Touche Tohamatsu Limited

OFilm Group Co. Ltd.

Work highlights

  • Represented HMTX Industries and more than 100 additional plaintiffs in challenging the US government’s Section 301 tariffs on Chinese goods—among the largest group of related cases ever brought before the CIT.
  • Advised the Solar Energy Industries Association on all ongoing administrative and court litigation involving safeguard measures and antidumping and countervailing duties on crystalline silicon photovoltaic cells and panels.
  • Assisted O-Film with the successful removal of its subsidiary (Nanchang O-Film Tech) from the Bureau of Industry and Security’s Entity List.

Dispute resolution > Corporate investigations and white-collar criminal defense

Akin‘s team stands out for advising financial institutions and professionals from the financial sector in matters pertaining to issues such as insider trading and market manipulation. Under the leadership of James Benjamin and Michael Asaro in New York as well as Washington DC-based Charles Connolly, the practice has extensive experience defending corporates and individuals alike before governmental bodies and enforcement agencies. Cross-border work and FCPA-related cases are further areas of expertise for the team, which counts first director of the Division of Enforcement for the Public Company Accounting Oversight Board Claudius Modesti, active in the firm’s DC office, among its key members.

Practice head(s):

James Benjamin; Michael Asaro; Charles Connolly

Key clients

Morgan Stanley

Eastman Kodak Company

Office of Disciplinary Counsel of the D.C. Bar

Goldman Sachs employees

 

Work highlights

  • Representing Eastman Kodak Company and a Special Committee of its Board of Directors in connection with ongoing investigations by the NYAG and SEC into trading and stock options grants in advance of a public news announcement that resulted in a substantial increase in the company’s stock price.
  • Represented Morgan Stanley in connection with an investigation by the New York State Attorney General’s Office regarding fixed income order handling and best execution for wealth management clients.
  • Represented the co-founder of BitMEX, in a  criminal prosecution brought by the United States Attorney’s Office for the Southern District of New York alleging violations of the Bank Secrecy Act associated with BitMEX’s compliance with rules requiring anti-money laundering programs at certain types of financial institutions.

Energy > Energy transactions: oil and gas Tier 2

Akin handles domestic and cross-border transactions in the oil and gas, petrochemicals, liquefied natural gas, coal, utilities, renewable energy sectors, with a strong track record in high-end M&A and divestiture transactions. The team’s expertise extends to purchase and sale agreements, lease acquisition agreements, joint exploration and development agreements, mineral title issues, in addition to day-to-day operations. In the firm’s New York office, Zachary Wittenberg jointly leads the practice alongside Dallas-based Wesley Williams, who specializes in structuring transactions in the upstream and midstream oil & gas sectors. In Houston, John Goodgame assists clients in navigating M&A and joint ventures arising out of the energy sector. Dallas-based Jessica Hammons, who is an expert in securities M&A transactions in the upstream and midstream energy sectors, is another key contact in the group. David Sweeney left the firm in June 2023.

Practice head(s):

Zachary Wittenberg; Wesley Williams

Other key lawyers:

John Goodgame; Jessica Hammons; Stephen Boone; Cole Bredthauer

Key clients

Cardinal Midstream Partners

Diamondback Energy, Inc.

Dorchester Minerals, L.P.

Double Eagle Energy

Genesis Energy, L.P.

Grenadier Energy III, LLC

HighPeak Energy, Inc.

Vital Energy, Inc.

New Fortress Energy, Inc.

Pine Wave Energy Partners, LLC

Rattler Midstream LP

San Isidro Energy Company II, LLC

Talos Energy Inc.

Tapstone Energy, LLC

TotalEnergies

Tug Hill, Inc.

Viper Energy Partners LP

Vitol Green Holdings LLC

Work highlights

  • Represented Tug Hill Inc. and its affiliates in connection with the sale of upstream and midstream assets from oil & gas producer Tug Hill and pipeline company XcL Midstream to EQT Corporation for $5.2 billion.
  • Represented New Fortress Energy Inc. (NASDAQ: NFE), a global energy infrastructure company, in the sale of 11 liquid natural gas infrastructure vessels to a new joint venture formed with Apollo Global Management Inc. in a deal valued at $2 billion.
  • Represented Diamondback Energy, Inc. in its offering of $1.1 billion in aggregate principal amount of 6.250% senior notes due in 2033.

Industry focus > Education Tier 2

Led by Michael Vernick, based in Washington DC, the education practice at Akin regularly handles highly sensitive and complex matters involving policy issues, high-stakes internal investigations and litigation, as well as concerns related to sponsored research, education policy, Title IX obligations, and Title IV issues. The group is also active in cyber security and data issues, while Vernick has a strong reputation for handling clinical trials and foreign influence matters. Litigation specialist Anthony Pierce focuses his practice on large class actions, high-level employment law matters and investigations in the athletics sector. In New York, Estela Diaz handles investigations in relation to misconduct and is a credited Title IX investigator. Working closely with Vernick, DC-based counsel Marta Thompson has extensive experience representing institutes of higher education and academic medical centers in the regulatory and litigation space, including representing research institutions in False Claims Act investigations.

Practice head(s):

Michael Vernick

Key clients

Tulane University

Rice University

Southern Methodist University

American Film Institute

Fred Hutchinson Cancer Center

Work highlights

  • Represented Southern Methodist University and Tulane University in class-action litigations in federal courts in Texas and Louisiana, respectively, against putative classes of students seeking tuition and fee refunds due a shift to remote learning caused by the COVID-19 pandemic.
  • Represented American Film Institute in a class action filed by a former volunteer that challenged nonprofit organizations’ ability to accept help from unpaid volunteers.  
  • Assisting multiple preeminent research universities on all aspects of investigations and enforcement actions related to concerns regarding foreign influence over US government sponsored research, including internal investigations, responding to grand jury subpoenas, preparing voluntary disclosures to the National Institutes of Health, National Science Foundation, and Department of Defense, among others.

Industry focus > Native American law Tier 2

Based in Washington DC, Akin acts for Indian tribes across a myriad of issues with tribal sovereignty and self-sufficiency at its core. Practice head Donald R Pongrace has vast experience representing tribal clients in complex private and governmental negotiations and, most recently, acted as principal negotiator in addressing the Colorado River drought crisis on a Basin-wide basis. Drawing on previous experience working within tribal governments, Congress and the relevant federal agencies such as the Interior Department and National Indian Gaming Commission, the team is adept in advising tribal governments on sovereignty issues, economic development, and land and water rights settlements. Allison Binney, who previously served as chief counsel to the U.S Senate Committee on Indian Affairs is the key contact for land, tax, and gaming matters and routinely defends tribal government before tribal courts and federal agencies. Jason Hauter’s practice focuses on economic development and business entity formation and governance- prior to joining the firm, he served as in-house counsel for the Gila River Indian Community.

Practice head(s):

Donald R Pongrace

Other key lawyers:

Key clients

Gila River Indian Community

Pechanga Band of Luiseno Indians

Penobscot Nation

Ho-Chunk, Inc.

AMERIND Risk

San Manuel Band of Mission Indians

Gila River Telecommunications, Inc.

Laguna Pueblo

Mashantucket Tribe

Catawba

Shingle Springs

Nottawaseppi Huron Band of Potawattomi

Chickahominy

Eastern Chickahominy

United Southern & Eastern Tribes

Work highlights

  • Advising the Gila River Indian Community on addressing the ongoing drought in the Colorado River Basin through the development of unique, innovative water use agreements and arrangements that benefit the entire region and the Gila River Indian Community.
  • Lead legislative counsel to Gila River Indian Community in connection with assistance to tribes in addressing the Covid-19 pandemic, assisting with the drafting of proposals and advocacy for positions to ensure the needs of Indian governments were addressed in every bill considered and passed by Congress to provide Covid relief over the past year.

Investment fund formation and management > Alternative/hedge funds Tier 2

Start-up hedge funds frequently look to the investment funds department at Akin for the range of issues related to establishing themselves in the space. The firm also has a base of well-known funds and in 2022 saw increased work relating to co-investment opportunities. Leadership of the practice recently transferred to Barbara Niederkofler, whose broad investment funds practice includes notable expertise on the regulatory side, with an international perspective. William Wetmore rejoined the firm’s San Francisco office from an in-house hedge fund role in August 2022, and is again a lead contact for clients on transactional matters. Brian Daly is noted for compliance advice to quantitative and systematic firms and hedge funds, and John Hamilton advises sophisticated private fund managers on the formation and operation of hedge funds, private equity funds and credit funds. JP Bruynes is a strong choice of counsel for domestic and offshore hedge funds and hedge funds managers across structuring and formation, as well as transactional work. Unless otherwise noted, above named lawyers are based in New York. Stephen Vine has retired.

Practice head(s):

Barbara Niederkofler

Other key lawyers:

Eliot Raffkind; JP Bruynes; Arina Lekhel; Brian Daly; John Hamilton; Terence Rozier-Byrd; David Antheil

Key clients

Polyphonic Capital LP

AFBI LLC

Edge Capital Management LLC

Aspect Capital Limited

Lynx Asset Management (Americas) Inc.

Work highlights

  • Advised a fund focused on both long and short Asia-related equity investments on a public investment, restructuring the fund’s management fee and performance allocation in the innovative Series 1 or 30 Alpha model.
  • Advised an investment platform on the restructuring of a closed-end real estate fund to an open-end vehicle.
  • Advised a quant manager in connection with the launch of a diversified fund with a systematic momentum-based investment strategy that enables offshore investors to access a diverse set of financial and commodity futures.

Media, technology and telecoms > Cyber law (including data privacy and data protection) Tier 2

San Francisco-based Natasha Kohne and Dallas-stationed Michelle Reed, co-heads of Akin’s data privacy team, advise clients from a range of industries, including retailers, data brokers, healthcare services, energy companies and private equity firms, on the full range of cyber law and data privacy mandates.  The pair have expertise in dealing with class action litigations, regulatory actions, law enforcement enquiries and incident response preparations. Kohne is also a key contact for global mandates, working on high profile cybersecurity projects in the Middle East. Jo-Ellyn Sakowitz Klein, in Washington DC, is the firm’s specialist on healthcare and life sciences data-related matters involving HIPAA and HITECH regulations. The team frequently provides federal policy advice to large defense contracts and global companies for the development of privacy issues. A cross-disciplinary approach with the litigation, white-collar, international trade and public law and policy teams is a key feature of the team.

Practice head(s):

Natasha Kohne; Michelle Reed

Other key lawyers:

Key clients

Altice

Apollo Global Management

Arthur Hayes

BentallGreenOak

CenterPoint Energy

ClearBalance

Eastman Kodak Company

Endava plc

FireEye Inc.

Franciscan Health

Helen of Troy Limited

Hydro Flask

Metro New York

NTT Global Data Centers

RagingWire

Starboard Value Acquisition Corp.

The Vanguard Group

USA Waste-Management Resources, LLC

Vivial

VIZIO

Work highlights

  • Represented Altice USA, Inc. in a putative class action in the Southern District of New York arising from a data security incident.
  • Representing ClearBalance in multiple consumer class actions in California state and district courts related to a data breach that occurred in March 2021, involving alleged violations of the California Consumer Privacy Act (CCPA), California Confidentiality of Medical Information Act, California Consumer Records Act, California’s Unfair Competition Law, as well as other statutory and common law claims.

Media, technology and telecoms > Media and entertainment: transactional Tier 2

Akin is a key destination for financial institutions, mezzanine investors and private equity firms that wish to invest in film, television, music and videogames. The Los Angeles-based team is helmed by Chris Spicer ; he focuses his practice on financing and recently advised HPS Investment Partners on a complex FILO loan for a music rights catalogue purchase. Marissa Román Griffith ‘s diverse transactional experience encompasses negative pickups and slate co-financing agreements- in a recent highlight she represented Media Rights Capital in a suite of transactions including a high-value refinancing and distribution agreements. Alissa Miller frequently assists major production companies and financial institutions with high-level production arrangements, financings, and M&A, while Vanessa Roman specializes in entertainment financings and single project loans in particular; she is additionally well placed to advise on matters pertaining to streaming and virtual reality.

Practice head(s):

Chris Spicer

Other key lawyers:

Marissa Román Griffith; Alissa Miller; Vanessa Roman

Key clients

American Coalition for Independent Content Producers (ACICP)

American Film Institute

Bank of America, N.A.

CIT Bank

City National Bank

Comerica Bank

Content Partners

East West Bank

HPS Investment Partners, LLC

JPMorgan Chase Bank, N.A.

Konami Cross Media

Lyrical Media LLC

Media Rights Capital

MUFG Union Bank, N.A.

Portfolio Funding Company

Sister Pictures

Truist Bank f/k/a SunTrust Banks

XYZ Films

Work highlights

  • Advised HPS Investment Partners, LLC, a leading global investment firm, in connection with a multi-tranche credit facility to Kobalt Music Group.
  • Representing MRC and its affiliates in connection with the refinancing of MRC’s multimillion-dollar JPMorgan-led revolving credit facility.
  • Representing MUFG Union Bank in connection with a $100 million revolving credit facility for TPC.

Dispute resolution > Appellate: courts of appeals / Appellate: supreme courts (states and federal)

Akin‘s practice routinely appears before federal and state appellate courts across the US. Highly regarded for its strength in IP, administrative law, health and labor law cases, the group also stands out at Supreme Court level for its expertise in headline-grabbing pro bono matters, particularly cases concerning human rights, Native Americans, LGBTQ+ issues and immigrant communities. Department head Pratik Shah is a former assistant to the Solicitor General and recently represented Antonio Arteaga-Martinez before the US Supreme Court (SCOTUS) in a case concerning the rights of non-citizens in immigration detention. James E. Tysse‘s broad experience spans labor and employment, administrative, constitutional, energy and class action law; he recently scored a victory for the NFL before the 5th Circuit in a case concerning NFL players’ medical care. Other key names include Julius Chen, who has an emphasis on bankruptcy, IP and administrative law-related matters, and San Francisco-based Aileen McGrath, who was recently promoted to partner and possesses significant government-side experience following a former stint as co-chief of appellate litigation in the San Francisco City Attorney’s Office. Named attorneys are based in Washington DC unless stated otherwise.

Practice head(s):

Pratik Shah

Other key lawyers:

Key clients

Antonio Arteaga-Martinez

McDonald’s

Space Exploration Technologies Corp. (SpaceX)

Nottawaseppi Huron Band of Potawatomi Indians

Janssen Pharmaceutica, N.V.

NFL

Comcast Cable Communications

CaptionCall

Washington Metropolitan Area Transit Authority

Westmont International

FirstEnergy Solutions Corp.

The Beer Institute

Mexican Tomatoes Associations

Resolute Energy Corporation

American Film Institute

HMTX Industries LLC

Horseracing Integrity and Safety Authority

Work highlights

  • Represented Antonio Arteaga-Martinez in the US Supreme Court in a case concerning the rights of non-citizens in immigration detention.
  • Secured a win for McDonald’s in the DC Circuit in a long-running case brought by the National Labor Relations Board.
  • Secured a DC Circuit victory for SpaceX concerning the FCC’s grant of a license modification.

Dispute resolution > Securities litigation: defense Tier 3

Akin is known for its expertise in representing leading financial institutions and public companies, including private investment funds, broker dealers, and public accounting firms in private litigation arising under the federal securities and commodities laws, as well as regulatory investigations. Practice head Stephen M. Baldini in New York and key partner Neal Marder in LA achieved a landmark victory for Eastman Kodak Company by securing a motion to dismiss a purported direct stockholder class action. Marder also represented Armistice Capital in a high-stakes securities fraud class action involving biotech firm Vaxart, which is working on oral vaccine technology, including an oral COVID-19 vaccine. New York-based Douglas Rappaport is acting for Inclusive Capital Partners Spring Master Fund in a case alleging that is aided and abetted in breach of fiduciary duty by officers and directors of Nikola Corporation who failed to prevent, intervene or ameliorate various allegedly false or misleading statements made by its former CEO. Scott Barnard and Michelle Reed in Dallas also play key roles in the practice. They both acted for former directors of FTS International and Chesapeake Energy in a securities class action arising from Chesapeake’s IPO.

Practice head(s):

Stephen Baldini

Key clients

Armistice Capital

Eastman Kodak Company

Talos Energy, Inc.

Arthur Hayes

Cimarex

Energy & Minerals Group

Baker Brothers

Inclusive Capital Partners Spring Master Fund

Domenic J. Dell’Osso, Jr. and Bryan J. Lemmerman

Fred’s Inc.

Luxor Capital Group

Kawa Capital Management

Christophe Rivoire

Centerbridge

AB Energy Opportunity Fund

MNG Enterprises

Bracebridge Capital

Work highlights

  • Achieved a victory for Eastman Kodak Company, when the Hon. J. Scott Odorisi (New York Supreme Court, Monroe County) granted in full Kodak’s motion to dismiss a purported direct stockholder class action, with prejudice.
  • Prevailed on a motion to dismiss for Armistice Capital in a high-stakes corporate securities class action involving a biotech firm seeking to develop an oral COVID-19 vaccine that was accused of enriching insiders through the press, including our client.
  • Achieved a successful result on behalf of Arthur Hayes, the co-founder of BitMEX, one of the world’s largest cryptocurrency derivatives trading platforms, in a first-of-its-kind criminal prosecution brought by the United States Attorney’s Office for the Southern District of New York alleging violations of the Bank Secrecy Act (BSA) for BitMEX’s lack of a compliant anti-money laundering program.

Energy > Renewable/alternative power Tier 3

Akin ’s corporate: project finance & development team offers experience in the development, financing, acquisition and sale of renewable energy projects. The practice is co-lead by Houston-based Matt Kapinos, and New York’s Zachary Wittenberg and transactional lawyer Ikenna Emehelu, who joined the firm in January 2022 from Norton Rose Fulbright. Kapinos is recommended for his capability to handle all phases of drafting and negotiating energy project agreements, while Shariff N. Barakat in Washington D.C. is particularly well-versed in tax equity financing. Los Angeles-based Jeff Cohen, who was promoted to partner in January 2022, is equipped to handle the whole range of finance and investment matters.    

Practice head(s):

Zachary Wittenberg; Matt Kapinos; Ike Emehelu

Other key lawyers:

Sharif N. Barakat; Jeff Cohen

Key clients

Excelsior Renewable Energy Management Co.

Tennessee Valley Infrastructure Group

GreenFront Energy Partners

Tiger Infrastructure Partners

Olin Corporation

Amberjack Capital Partners, L.P.

Schlumberger New Energy

CIM Group, LLC

CIT, a division of First Citizens Bank

Vistra Corp.

Unico Solar Investors LLC

New Fortress Energy, Inc.

MUFG Bank, Ltd

Energy Harbor

Frontera

Work highlights

  • Represented CIM Group, LLC in the development of the Westlands Solar Park, one of the first large utility scale solar facilities to be financed in the United States on a merchant basis.
  • Represented Excelsior Energy Capital in the purchase of 100% of the Sellers’ membership interests in an approximately 100 MW solar facility in Tennessee.
  • Representing New Fortress Energy Inc. in a joint venture transaction with Plug Power to build, finance, develop and operate a green hydrogen manufacturing facility in Texas.

Government > Government contracts Tier 3

Frequently representing small and large contractors in the tech, aerospace and national security spaces, Akin covers procurement matters at local, state, federal and international levels. Recently, the group has handled a varied workload, spanning security clearance issues, False Claims Act investigation and litigation, M&A and intellectual property-related government contract matters and bid protests. Leading the team is Michael Vernick, who has significant experience in researching funding, investigations and compliance issues, with a focus on the education and life sciences sectors. Scott Heimberg is specialized in transactions involving security clearance and foreign ownership, control and influence issues. Infrastructure and transportation are the areas of expertise of Susan Lent, while Angela Styles is prominent in grants, cost and pricing issues and commercial item contracting.

Practice head(s):

Michael Vernick

Other key lawyers:

Key clients

Al Sahraa General Transport & Clearance

Allegiant Air

American International Contractors, Inc.

Brightline Holdings LLC

California Department

City of Houston

Colors Worldwide LLC

Ericsson

Fromaco International, Inc.

Garret Electronics, Inc.

Houston Airport System

Mammoth Energy

Maryland National Capital Parks & Planning Commission

Medieval Times

MomoCon LLC

Navigare Cruise Partners LLC

North American Transit Alliance

Norwich, CT

Philips Electronics

Port of Long Beach

Quiet Mind Touring

Rochester-Genesee Regional Transportation Authority

Signal Point Systems

Solano Transportation Agency

Toshiba Corporation

Workhorse Group, Inc.

Work highlights

  • Assisted multiple preeminent research universities on all aspects of investigations and enforcement actions related to concerns regarding foreign influence over US government sponsored research.

Investment fund formation and management > Private equity funds (including venture capital) Tier 3

Akin has a longstanding practice in private equity funds, where it is particularly well-known in the area of emerging market funds. As well as benefitting from a global network of offices that has expanded over recent years to give on-the-ground assistance in various jurisdictions, Prakash Mehta advises a notable selection of clients based in India. The practice has diverse experience acting for clients in other markets too, from buyout funds and credit funds, to secondaries and institutional investors. Stephen Vine retired from practice in December 2022.

Practice head(s):

Barbara Niederkofler

Other key lawyers:

Eliot Raffkind; Fadi Samman; Blayne Grady; Jim Deeken; Ann Tadajweski; Dennis Pereira; Brian Daly; Kapil Pandit; Prakash Mehta

Key clients

Crossplane Capital

Crestline Management, L.P.

Apollo Global Management, Inc.

Invictus Capital Partners, LP

Newmarket Investment Management

Gramercy Funds Management LLC

Blackrock Investment Management LLC

Work highlights

  • Advised Crossplane Capital on the near-simultaneous formation of a second co-investment vehicle to support one of its portfolio companies, and the formation of Crossplane Capital Fund II in excess of $325m.
  • Advised Blackrock’s Secondaries and Liquidity Solutions group on an investment in Flagship Food Group, funded through CREO Capital Partners.

Labor and employment > Labor and employment disputes (including collective actions) Tier 3

Labor and employment > Workplace and employment counseling Tier 3

M&A/corporate and commercial > Corporate governance Tier 3

The workload at Akin‘s diverse practice comprises advice on best practice governance structures, ESG programs, and the Sarbanes-Oxley Act. Kerry E Berchem in New York heads up the team, with John Goodgame in Houston also a key player: The former co-chairs the firm’s ESG group; while the latter is notable for his advice to boards of directors, board committees, and controlling stockholders regarding corporate governance and Securities and Exchange Commission compliance. The team continues to expand, with a number of corporate governance-focused hires made during 2022.

Practice head(s):

Kerry E Berchem

Other key lawyers:

John Goodgame

Key clients

Alliance Data Systems Corporation

Cimarex Energy Co.

Conflicts Committee of Summit Midstream Partners, LP (SMLP)

Diamondback Energy, Inc.

Enterprise Products Partners LP

EOG Resources, Inc.

EP Energy LLC

Greenlight Capital Re, Ltd.

Laredo Petroleum, Inc.

Mammoth Energy Services, Inc.

Rattler Midstream LP

Sorenson Communications, Inc.

Viper Energy Partners LP

M&A/corporate and commercial > Shareholder activism Tier 3

Antitrust > Merger control Tier 4

The team at Akin has long-standing experience in merger litigation, representing clients in a number of high-stakes contested mergers before the DOJ and FTC, as well as having a successful record in shepherding strategic M&A through the clearance process. The firm has notable strength in the retail and manufacturing industries, and regularly handles complex processes such as divestment orders and issues relating to intellectual property in mergers. Corey Roush leads the team, having litigated against both the DOJ and FTC, with Gorav Jindal also a highly experienced antitrust litigator. Former FTC official Haidee Schwartz is an expert in domestic and international merger review processes, and offers experience on both sides of merger investigations, while counsel Brian Rafkin specializes in litigated merger challenges. All lawyers are based in Washington DC.

Practice head(s):

Corey Roush

Other key lawyers:

Key clients

Seven & I Holdings Co., Ltd. (7-Eleven, Inc.)

Services Group, Inc.

U.S. Concrete, Inc.

Enterprise Product Partners

Work highlights

  • Advised 7-Eleven in its blockbuster $21 billion acquisition of Speedway.
  • Advising Services Group in its $240 million sale to Superior Plus Propane, a subsidiary of Superior Plus Corp.
  • Advised U.S. Concrete in the company’s $1.3 billion sale to Vulcan Materials.

Dispute resolution > General commercial disputes Tier 4

Akin is experienced in handling disputes related to investment funds, hedge funds, and financial restructuring. The firm serves a diverse client base, which includes national corporations and offers support from multiple offices. Stephen M. Baldini in New York is recognized for his work with private equity and hedge funds, while Charles Connolly is well versed in financial fraud cases. M. Scott Barnard , based in Dallas, specializes in handling business torts, fraud cases, and commercial contract disputes. Neal Ross Marder in Los Angeles is well known for his proficiency in consumer class action lawsuits. Other notable individuals at the firm include Anthony Pierce in Washington DC and Seamus Duffy in Philadelphia.

Practice head(s):

Stephen M. Baldini

Other key lawyers:

Charles Connolly; M. Scott Barnard; Neal Ross Marder; Anthony Pierce; Seamus Duffy

Key clients

Armistice Capital

Eastman Kodak

Washington Metropolitan Area Transit Authority

Transportation Corridor Agency

Sterling Construction

CSI Financial Services d/b/a ClearBalance

Office of Disciplinary Counsel of the D.C. Bar

Neil Schimmel and Investors Management Group, Inc.

Comcast Corporation

Polaris Inc.

Talos Energy

Tulane/SMU/Rice

Luxor Capital

Altice

Kawa Capital Management

Work highlights

  • Represented Armistice in a high-stakes securities fraud class action involving Vaxart, Inc. (Vaxart), a biotech firm seeking to develop oral vaccine technology, including an oral COVID-19 vaccine.
  • Represented Eastman Kodak Company in a stockholder class action case.
  • Represented WMATA in a wrongful death lawsuit.

Energy > Energy transactions: electric power Tier 4

Akin covers a broad range of financial services including development, financing, acquisition and sale of energy and infrastructure projects. The firm has a focus on renewable energy projects, representing sponsors and developers, and other financial institutions. Matthew Kapinos is a partner in the Houston office and is responsible for helping energy clients through the drafting and negotiating agreements for the purchase, sale, development and financing of energy and infrastructure projects. Over in New York, Ikenna Emehelu advises on renewables projects, and has represented lenders in the acquisition financing of a portfolio of solar projects. Elsewhere, a key name at the Washington DC office is Shariff Barakat who focuses on domestic infrastructure and renewable projects, with clients including developers and tax-equity investors.

Practice head(s):

Zachary Wittenberg; Matt Kapinos; Ike Emehelu

Other key lawyers:

Shariff Barakat; Dan Lynch

Key clients

Excelsior Renewable Energy Management Co.

Tennessee Valley Infrastructure Group

GreenFront Energy Partners

Tiger Infrastructure Partners

Olin Corporation

Amberjack Capital Partners, L.P.,

Schlumberger New Energy

CIM Group, LLC

CIT, a division of First Citizens Bank

Vistra Corp.

Unico Solar Investors LLC

New Fortress Energy, Inc.

MUFG Bank, Ltd

Energy Harbor

Frontera

Work highlights

  • Represented CIM Group, LLC in the development of the Westlands Solar Park. One of the first large utility scale solar facilities to be financed in the United States on a merchant basis.
  • Counseled Excelsior Energy Capital in the purchase of 100% of the Sellers’ membership interests in an approximately 100 MW solar facility in Tennessee.
  • Representing New Fortress Energy Inc. (NASDAQ: NFE), a global energy infrastructure company, in a joint venture transaction with Plug Power to build, finance, develop and operate a green hydrogen manufacturing facility in Texas. Green hydrogen is hydrogen generated by renewable energy or from low-carbon power.

Environment > Environment: transactional Tier 4

The environment and natural resources team at Akin is led out of Washington DC by David Quigley and acts for both lenders and investors on evaluating the environmental risks of transactions. It is well versed in restructurings, investing in environmentally distressed assets, the redevelopment of real estate assets, and M&A. Quigley is recommended for commercial, real estate and industrial transactions and is also experienced in the environmental due diligence of foreclosures.

Practice head(s):

David Quigley

Key clients

Lenders of Limetree Bay Ventures, LLC

SpaceX

Carestream/Kodak Health

MNCPPC

Princeton Equity Group

Hannon Armstrong

York Capital Management

Terran Orbital

Neenah Foundry

Greystone, Argentic and Situs (among others)

Work highlights

  • Represented the lenders to the Limetree Bay refinery in its restructuring caused by a number of incidents at the facility, including the “spewing” of oil as reported in the press.
  • Represented Space-X with respect to the challenge brought by competitors in the D.C. Circuit Court of Appeals arguing that the FCC inappropriately approved aspects of its satellite internet program.
  • Represented the Carestream Lender Group in the restructuring of the former Kodak health business.

Finance > Capital markets: debt offerings Tier 4

Akin is best known for energy company debt issuances, through its offices in Houston and Dallas. The firm is also recognised for its expertise in restructuring-related debt offerings. It is primary issuer focused and is broadening its practice through the New York office, where Rosa Testani has a strong profile in high-yield debt offerings, and is further recognized for liability management transactions, corporate restructurings and issuances as companies emerge from Chapter 11 bankruptcy. Houston’s John Goodgame and Dallas partner Garrett DeVries are noted for energy sector offerings, including those by master limited partnerships (MLPs). Christine LaFollette has retired from the partnership.

Practice head(s):

Garrett DeVries; Rosa Testani

Other key lawyers:

John Goodgame; Zach Wittenberg

Key clients

CBL Ad Hoc Group

Cinemark USA, Inc.

Diamondback Energy, Inc.

Fortress Transportation and Infrastructure Investors LLC

Fossil Group, Inc.

FTAI Infrastructure Inc.

Genesis Energy, L.P.

Laredo Petroleum, Inc.

Warrior Met Coal, Inc.

Work highlights

  • Represented Cinemark USA in its $765m offering of 5.25% senior notes due 2028.
  • Represented Diamondback Energy in its $1.1bn offering of aggregate principal amount of 6.250% senior notes due in 2033.
  • Represented CBL Ad Hoc Group in connection with CBL’s emergence from Chapter 11 bankruptcy, which included an issuance of $455m of new 10% senior secured notes due 2029 and $150m of 7.0% exchangeable senior secured notes due 2028.

Finance > Capital markets: high-yield debt offerings Tier 4

Akin has an established record in high-yield debt offerings, most notably in energy and infrastructure, but also in other areas such as the entertainment sector. Much of its high-yield debt talent sits in Dallas, Houston and New York. Its client base features a range of energy companies, financial sponsors and entertainment businesses; it recently advised FTAI Infrastructure on a $450m Rule 144A private offering of senior secured notes. Garrett DeVries and Alan Laves are experienced high-yield debt experts in Dallas, along with Rosa Testani in New York. Houston partner Christopher Centrich is noted for high-yield debt offerings in the oil and gas sector.

Practice head(s):

Garrett DeVries; Rosa Testani

Other key lawyers:

Testimonials

‘Very strong team.’

 

Key clients

Cinemark USA, Inc.

Fortress Transportation and Infrastructure Investors LLC

Fossil Group, Inc.

FTAI Infrastructure Inc.

Genesis Energy, L.P.

Laredo Petroleum, Inc.

Warrior Met Coal, Inc.

Work highlights

  • Represented Cinemark USA in its $765m offering of 5.25% senior notes due 2028.
  • Represented Fortress Transportation and Infrastructure Investors in its $500m tack-on high-yield senior notes offering.
  • Advised FTAI Infrastructure on a $450m Rule 144A private offering of senior secured notes.

Industry focus > Sport Tier 4

Intellectual property > Patents: litigation (International Trade Commission) Tier 4

Akin represents domestic and international leading tech and life science companies in prominent patent cases before the ITC, routinely providing section 337 related advice to international trade clients. A standout case in 2022 was the team’s representation of Greentank in complex proceedings relating to oil vaporization products. Based in Philadelphia, Steve Maslowski co-heads the team, with a focus on life sciences litigation. Cono Carrano, based in the firm’s Washington DC office, also leads the team, with litigation experience focused on semiconductors, electronics, software, wireless, and optics. Other key figures in the team include David Vondle and Ryan Stronczer, both based in Washington.

Practice head(s):

Steve Maslowski; Cono Carrano

Other key lawyers:

Key clients

VIZIO, Inc.

Greentank Technologies Corp.

3M Company

PMI Global Services

Synaptics Incorporated

Code Corporation

Brady Corporation

Work highlights

  • Representing VIZIO in Certain Smart Televisions, Investigation No. 337-TA-1338, in a case filed by Maxell Ltd involving patents covering video displays, user profiles and other features.
  • Representing Greentank Technologies Corporation, who was named as a respondent in a Section 337 complaint filed at the ITC captioned Certain Oil-Vaping Cartridges, Components Thereof, and Products Containing the Same, filed by Shenzhen Smoore Technology Limited.

International Trade > CFIUS Tier 4

Noted for its ‘superior knowledge of the CFIUS process’, Akin represents US and foreign investors on highly sensitive transactions. As an increasingly important segment in a dominant international trade offering, the CFIUS practice additionally stands out for its ability to plug into complementary practices with the wider firm, including government relations, defense, infrastructure and energy. Christian Davis spearheads the group and has significant expertise in transactions within the technology, energy, aerospace, defense and investment sectors. The Washington DC-based team also includes counsel Katherine Padgett and senior counsel Laura Black, who recently joined the team from the Department of the Treasury, where she served as Director of Policy and International Relations for CFIUS.

Practice head(s):

Christian Davis

Other key lawyers:

Testimonials

Akin has superior knowledge of the CFIUS process and the intricacies of the issues facing project developers and their upstream ownership. This allows Akin to anticipate and resolve issues prior to the initial filing – the care and attention put in out the outset pays off during the review process.’

‘Christian Davis and Katherine Padgett are each excellent. They combine incredible knowledge of the CFIUS process itself with a keen insight into how their clients and their projects are typically organized, owned, and financed.’

‘Kevin Wolf is the best. Truly the smartest mind in export controls and CFIUS.’

Key clients

US Semiconductor Testing Company

US Defense Contractor

US Manufacturer

US Memory Chip/Device Manufacturer

Japanese Consortium

Canadian Private Equity Fund

US Remote Sensing Satellite Company

US Software/Data Center Company

Private Equity Firm/Renewable Energy Company

US Satellite Manufacturer

Work highlights

  • Represented a Japanese consortium, consisting of Bain Capital, Japan Industrial Solutions and Japan Industrial Partners, in its $7.5bn take-private transaction of Hitachi Metals.
  • Advised a leading US-based memory chip and device manufacturer on the CFIUS implications and strategy related to an overseas joint venture transaction.
  • Advised a US-based fabricator of integrated circuit test boards on the CFIUS aspects of a transaction.

Media, technology and telecoms > Telecoms and broadcast: regulatory Tier 4

Akin represents a mixture of clients that includes both major operators within the telecoms space and investors seeking to enter the market, focussing particularly on the cutting-edge of the field where the firm advises on mandates across space and satellite, unmanned vehicles, 5G and wireless, and equipment utilising new tech. Jennifer Richter leads the practice based in Washington DC, providing regulatory and policy advice on a wide range of issues arising from new tech, spectrum use, and industry-specific agreements. She works with Douglas Brandon, who has a history representing tech companies before the FCC, the Department of Justice, and Congress, and Matthew Berry, who brings experience as Chief of Staff and General Counsel at the FCC to the practice.

Practice head(s):

Jennifer Richter

Other key lawyers:

Testimonials

This practice’s knowledge and expertise relates to law and regulations involving modern aviation technology (e.g. drones) and telecommunications technology. This is a novel space so the understanding of existing rules/regulations in both spaces and how they might apply to these technologies is invaluable. In addition, the individuals I have worked with have key contacts within agencies that facilitate the ability of clients to meet with relevant policymakers.’

Although we worked almost exclusively with one team member, it was obvious that strong collegial relations within the firm and across the industry were part of what she brought to her work with us.’

‘Jennifer Richter is very knowledgeable, highly skilled and thorough and has strong relationships throughout the industry. Her approach is warm and personal while also being firm and very smart. This combination makes her an extremely effective negotiator and advocate. She supported and educated us while leading us through a very complex situation that was unfamiliar. Ultimately, with her guidance, we arrived at favorable contracts that strengthen our financial position and sustainability. She really went the extra mile and was a pleasure to work with.’

Key clients

Space Exploration

GTT Communications, Inc.

The Walt Disney Company

Qualcomm Incorporated

Starlink

Apollo Group

AT&T Corp.

Motion Picture Association

CTIA

Skyryse, Inc.

General Motors

Mercury Holdings

Meta

Work highlights

  • Represented Space X before the FCC and D.C. District Court in the reconsideration of an FCC Order granting the most recent Starlink license modification.
  • Advised AT&T in regard to FCC and other regulatory matters in connection with the separation and integration planning for its spinoff and merger of WarnerMedia with Discovery.
  • Represents CTIA with respect to its collaboration with NASA, the FCC, the FAA, and the Department of Transportation to develop a communications architecture for Unmanned Aerial Systems.

Antitrust > Civil litigation/class actions: defense Tier 5

Akin frequently advises clients in a variety of industries including food and beverages, financial services and chemical manufacturing in civil litigation and class actions pertaining to claims of anticompetitive behavior such as price-fixing and no poach agreements. Head of team Corey Roush has significant experience in antitrust class action litigation and often counsels clients in several industries to assist with regulatory compliance, while Gorav Jindal also leads on many matters offering his expertise in transactional antitrust matters as well as antitrust litigation. All mentioned attorneys are based in Washington DC.

Practice head(s):

Corey Roush

Other key lawyers:

Gorav Jindal; Brian Rafkin; Matthew Schmitten

Key clients

Antech Diagnostics, Inc.

Bausch & Lomb

Norwegian Seafood Council (NSC)

Oversea-Chinese Banking Corporation Limited

Olin Corporation

Work highlights

  • Represented Antech, which operates a network of veterinary diagnostic laboratories that provide services to veterinarians and veterinary practices across the country, in a putative antitrust class action.
  • Represented a former EVP and COO of one of the largest providers of outpatient surgery in the U.S. in an antitrust investigation by DOJ’s Antitrust Division’s Criminal Division that led to the first federal criminal indictment of a company for a no-poach agreement.
  • Represented the NSC, a Norwegian quasi-governmental entity that gathers and disseminates data from Norwegian salmon producers and promotes Norwegian salmon around the world, in an antitrust class action alleging price fixing.

Finance > Commercial lending Tier 5

Akin features a debt finance practice dedicated to working with leading investors primarily on the borrower side, placing a particular focus on private credit and private equity financing and restructuring matters in a cross-border context. Primarily active in the private equity sphere, the firm advises on major leveraged buyouts, senior secured loans, bridge financings, and asset-based facilities, with Zachary Wittenberg leading the team from New York. In August 2022, Fred Lee departed the firm, which later welcomed Ranesh Ramanathan from Kirkland & Ellis LLP and Andrew Sagor from Baker McKenzie LLP in October 2022.

Practice head(s):

Zachary Wittenberg

Other key lawyers:

Key clients

CEC Entertainment

Energy Harbor

FTAI Infrastructure

Genesis Energy

GTT Communications

Highland Homes Investments

Iron Point Real Estate Partners V

Loyalty Ventures

Sorenson Holdings

Atlas Credit Partners

Apollo Global Management

Centerbridge Partners

Francisco Partners

Kennedy Lewis Investment Management

Main Street Capital Corporation

Monarch Alternative Capital

Oaktree Capital Management

Official Committee of Unsecured Creditors of Purdue Pharma

Vista Credit Partners

Work highlights

  • Represented Loyalty Ventures in connection with the negotiation and closing of its $825m term and revolving credit facility.
  • Advised Sorenson Communications in a Series A Credit Facility, in an aggregate principal amount of $191m, and a Series B Credit Facility in an aggregate principal amount of $422.5m.
  • Represented Energy Harbor in connection with an amendment to its Zero Carbon Letter of Credit Facility and Guaranty Agreement, providing for, among other things, a new $75m Tranche B letter of credit facility with a Canadian bank.

Intellectual property > Patents: litigation (full coverage) Tier 5

Akin offers a team of attorneys with extensive experience in all aspects of intellectual property-related litigation, and are highly active in cases in federal district courts. Clients of the team include Fortune 500 companies, multinational corporations, research foundations, and government agencies. The breadth of the team’s capabilities are evident through its work for Boston Scientific against Nevro Corp, spanning multiple patent infringement claims, petitions before the Patent Trial and Appeals Board, and appeals to the Federal Circuit. Based in Philadelphia, Steven Maslowski is the head of the team, acting as first chair for many of the team’s most prominent clients. Cono Carrano leads the Washington DC IP group, with vast experience in semiconductors, electronics, software, and wireless tech. Also based in DC, Julius Chen, Rachel Elsby, Andrew Holtman, and Brandon Rash are key figures.

Practice head(s):

Steven Maslowski

Other key lawyers:

Cono Carrano; Julius Chen; Rachel Elsby; Andrew Holtman; Brandon Rash; Michael Kahn; Daniel Moffett; Ruben Munoz; Matthew Pearson

Key clients

Boston Scientific Corporation

CaptionCall, LLC & Sorenson Communications, LLC

Bristol-Myers Squibb Co., E.R. Squibb & Sons, LLC, Ono Pharmaceutical, Ltd.

Janssen Pharmaceuticals

Green Tank Technologies Corporation

Vizio, Inc.

Butterfly Network, Inc.

Aragon Pharmaceuticals, Janssen Biotech Inc., Regents of the University of California, Sloan-Kettering Institute for Cancer Research

XY, LLC

Inguran d/b/a Sexing Technologies and Cytonome/ST LLC

Real estate Tier 5

Known for its work in data center development, Akin advises many prominent investment funds as well as REITs on design, construction, financing, and leasing of data centers and co-location facilities. Fort Worth’s Marc Epstein and Dallas’ John Bain co-head the group and represent investors, owners, developers, landlords and tenants in the hospitality, retail, assisted living, office and transportation sectors.

Practice head(s):

John Bain; Marc Epstein

Key clients

CorePoint Lodging

Entertainment Properties Group

NewcrestImage Holdings, LLC

Work highlights

  • Represented the borrower to secure a $480 million construction line of credit to be used to build out a data center in Santa, Clara, California.
  • Represented a private equity real estate fund in the acquisition of approximately 120 acres of land in Loudoun County, Virginia for a purchase price of $145 million.
  • Represented a private equity real estate fund in the sale of two operating data center facilities to a hyperscale data center operator for $146 million in Aldie, Virginia.

Tax > US taxes: non-contentious Tier 5

With New York-based partners Patrick Fenn and Stuart Leblang at the helm, Akin has an established reputation in financial products matters, especially in the hedge and private equity fund space. The group in New York, which also includes Joshua Williams and Olivier De Moor, provides further advice on M&A and capital markets deals, international restructurings, and financings. Elsewhere, Houston-based Alison Chen anchors the firm’s MLP offering, with a particular focus on the energy sector – where seasoned corporate tax lawyer Julia Pashin is a key name, working from Dallas.

Practice head(s):

Patrick Fenn; Stuart Leblang

Testimonials

‘We highlight Patrick Fenn as the head of the team, but there are several other members who work extremely well together in meeting our goals.’

‘Patrick Fenn understands the nuances of our complicated structure and he is able to simplify the flow for whatever transaction we may be contemplating. He has exceptional historical knowledge.’

Key clients

Official Committee of Opioid Related Claimants of Mallinckrodt

Blackstone Alternative Asset Management

Kennedy Lewis Investment Management LLC

Intelsat Jackson S.A. Ad Hoc Creditor Committee

ProKidney LP

Terran Orbital Corporation

Lyric Capital Group

Apollo Global Management

Diamondback Energy, Inc.

Vitol Green Gas LLC

Tapstone Energy Holdings, LLC

Genesis Energy, L.P.

Trinity Industries, Inc.

Frontera Generation’s First Lien Lenders

Talos Energy Inc.

CNX Resources

Cardinal Midstream Partners

HighPeak Energy, Inc.

Dorchester Minerals, L.P.

Renovo Resources LLC

Double Eagle Energy

Monarch Alternative Capital LP

Work highlights

  • Advised ProKidney LP on its $2.64bn business combination with an asset management firm.
  • Advised Terran Orbital on its $1.6bn business combination with Tailwind Two.
  • Advised Double Eagle on a $1.7bn deal with EnCap Investments L.P. This strategic partnership formed Double Eagle Energy Holdings IV, LLC and Tumbleweed Royalty IV, LLC.

M&A/corporate and commercial > M&A: large deals ($1bn+) Tier 6

Singled out for its credentials in conventional and renewable energy M&A, Akin handles domestic and multijurisdictional transactions for a diversity of clients, including public and private companies, private equity funds, family offices, SPACs, and hedge funds. Infrastructure, TMT, retail and consumer products are other sectors of focus for the department, which is led by the New York-based Zachary N. Wittenberg, a key contact for public and private M&A deals, distressed transactions and corporate governance matters. Wesley Williams in Dallas focuses on complex transactions in the oil and gas spaces, where he acts for private equity sponsors, and public and privately held companies.

Practice head(s):

Zachary Wittenberg

Other key lawyers:

Wesley Williams; Mary Lovely; Cole Bredthauer

Key clients

Tug Hill

New Fortress Energy

Double Eagle Energy

Triller Hold Co LLC

FireBird Energy

Work highlights

  • Represented Tug Hill Inc. and its affiliates in connection with the sale of upstream and midstream assets from oil & gas producer Tug Hill and pipeline company XcL Midstream to EQT Corporation for $5.2bn.
  • Acted for New Fortress Energy Inc. in the sale of 11 liquid natural gas infrastructure vessels to a new joint venture formed with Apollo Global Management Inc. in a deal valued at $2bn.
  • Advised FireBird Energy LLC on its agreement to sell all of its leasehold interests and related assets to Diamondback Energy Inc. in a cash-and-stock transaction valued at roughly $1.6bn.

Finance > Structured finance: securitization

Led by Los Angeles-based Deborah Festa, the team at Akin acts for collateral managers, issuers and investors in CLO transactions.

Firm Overview:

Akin is a global law firm with more than 900 lawyers and advisors who pride themselves on dedication to their clients and their communities. With 17 offices worldwide, the firm is renowned for numerous market-leading practices; its strengths in complex transactions and restructurings, high-stakes litigation, and public policy and regulatory matters; and its unyielding pro bono commitment. The firm partners with clients from both established industries and cutting-edge markets to deliver creative solutions to business-critical issues, helping them seize opportunities and anticipate challenges. Driven by its forward-thinking leadership, the firm has built a strong culture of innovation and collaboration as well as a talented and diverse workforce committed to the success of its clients and each other. The firm is intentional about fostering a diverse and inclusive workplace where all employees are supported and given the tools to succeed. It is focused on recruiting and nurturing the next generation of exceptional legal talent and is proud that its recruitment and professional development efforts are recognized as among the best in the industry.

Main Areas of Practice:

Corporate & Finance:

Akin advises investment funds, public and private companies and their boards, management and entrepreneurs on their transactional and ongoing business needs. It advises on mergers and acquisitions, capital markets and other finance transactions, and special situations and distressed transactions.

Energy:

Akin is deeply rooted in all aspects of the energy industry in the United States and worldwide, including oil and gas, petrochemicals, liquefied natural gas, coal, utilities and renewables. The firm’s lawyers represent public and private companies, sponsors and portfolio companies, management teams and investors throughout the energy value chain in transactions, including M&A, securities, capital markets, finance, investments, restructuring, and project finance, development and operations.

Financial Restructuring:

Akin’s Financial Restructuring practice is widely recognized as a powerhouse in the industry, with more than 100 lawyers dedicated to distressed situations in the key global financial centers. Companies, ad hoc groups, creditors’ committees, and institutional investors seek our counsel for their most sensitive and complex restructuring, liability management, and special situations matters, trusting our international and integrated platform to manage every facet and issue that may arise. It has played leading roles in groundbreaking matters, including SVB Financial, Diamond Sports, Avaya, Cineworld, PG&E, Aeroméxico, Intelsat, Purdue, Sears, Revlon, Brazos Electric and Chesapeake Energy.

Intellectual Property:

Akin’s renowned IP trial team is sought out by Fortune 500 companies and multinational corporations for its achievements in litigating complex patent disputes in federal courts around the country and before the ITC and PTAB. It handles all aspects of IP litigation and counsels clients in transactional matters involving the licensing or transfer of IP rights and on the management of global IP portfolios.

Investment Management:

For over 40 years, our global investment management practice has been a recognized leader in providing comprehensive legal representation to large institutional and entrepreneurial fund sponsors and managers in the formation of investment funds. We also serve as lead counsel to premier investors, assisting them in accessing opportunities in markets worldwide. With a focus on fund formation and ongoing operations, our practice covers all aspects, from fund structuring and management to investor relations and portfolio company representation. This includes navigating diverse jurisdictions, including fast-growing markets like China, India, and the Middle East.

Labor & Employment:

The firm represents and advises employers regarding all aspects of employment law including handling complex wage-and-hour class actions and EEO litigation; high-stakes investigations and counseling matters; litigation related to contract disputes and restrictive covenants; and traditional labor matters such as collective bargaining, union corporate campaigns and grievance arbitrations. Lawyers advise on the labor aspects of major corporate reorganizations, acquisitions and bankruptcies and represent companies in OSHA matters.

Disputes & Investigations:

With more than 250 lawyers, the litigation group includes attorneys who have clerked at every level of the federal and state court systems; veterans of the Solicitor General’s office and former Supreme Court clerks; former prosecutors; and former officials at the SEC, FTC, DOJ, PCAOB and many other federal agencies. Litigators are accustomed to handling matters of exceptional complexity, such as nationwide class actions, parallel civil and administrative proceedings, and nationwide and multi-district litigation.

Lobbying & Public Policy:

Akin distinguishes itself from peer law firms with its distinct ability to provide clients with an all-encompassing platform to address any type of government-facing problem. Our full-service solution involves more than 75 lawyers and other professionals providing legal, policy, political, public relations and compliance advice. As an elite law firm with a leading lobbying practice, Akin offers a substantive, bipartisan team to help clients anticipate and address complex legislative and regulatory challenges through innovative and effective advocacy strategies.

Regulatory:

Akin offers a suite of services to help clients address technical and often complex regulatory schemes across a broad span of compliance obligations based on industry, products and distribution, among others. Disciplines include antitrust/competition; telecom, media and technology; cybersecurity, privacy and data protection; energy; environment and natural resources; food and drug law; financial services; government contracts; health care and life sciences; international trade; and transportation. Work encompasses compliance counseling, investigations, enforcement, classification and licensing, transactional due diligence, and foreign investment, among other activities.

Tax:

The global tax practice offers multidisciplinary services, including guidance to U.S. and international investors regarding the merit of tax issues facing entities doing business or making investments overseas; tax advantaged structuring during hedge and private equity fund formation; as well as counsel on M&A, international corporate restructuring, ERISA, bankruptcy reorganizations, capital markets, regulatory matters, project financings, tax controversies and private client services.

Department Name Email Telephone
Corporate & Finance Zach Wittenberg
Corporate & Finance Dan Walsh
Corporate & Finance Sebastian Rice
Financial Restructuring Philip C Dublin
Financial Restructuring Liz Osborne
Intellectual Property Steven D Maslowski
Investment Management Barbara Niederkofler
Investment Management Daniel Quinn
Labor & Employment Robert G Lian Jr
Litigation Joseph Sorkin
Public Law & Policy G Hunter Bates
Public Law & Policy Brian Arthur Pomper
Regulatory Thomas J. McCarthy
Tax Patrick B Fenn
Tax Stuart E Leblang
Photo Name Position Profile
Paul D. Tripodi II photo Paul D. Tripodi II Partner To learn more about Paul, please visit his profile here: https://www.akingump.com/en/lawyers-advisors/paul-david-tripodi-ii
Number of lawyers and advisors : 900+