McDermott Will & Emery LLP > New York, United States > Firm Profile

McDermott Will & Emery LLP
340 MADISON AVENUE
NEW YORK, NY 10173-1922
NEW YORK
United States

Healthcare > Health insurers Tier 1

With its full-service healthcare offering across contentious and non-contentious matters, McDermott Will & Emery LLP is a go-to choice for clients across the healthcare insurance sector, including major healthcare providers, private equity funds, and hospital groups, who seek the firm out for its ‘top-notch‘ healthcare insurers team. In Washington DC, Jeremy Earl advises health insurers on federal and state regulatory matters, as well as ACA market reform compliance, while Kate McDonald focuses her practice on state and federal regulatory and licensure compliance. On the contentious side, former federal healthcare fraud prosecutor Ankur Goel specializes in representing health industry clients in False Claims Act and Medicare Advantage litigation matters. Jerry Sokol, based in Miami, leads the overall practice. Also in Miami is transactional specialist Gary Scott Davis, concentrating on managed care mergers, joint ventures, and contractual matters. Other key names include Chicago’s Lisa Mazur and Eric Zimmerman, both in DC. Jason Caron and Kevin Miller left the firm in 2022, while Brian Stimson departed in September 2023.

Practice head(s):

Testimonials

The healthcare team at MWE is top-notch. Their attorneys are practical, concise, and take the time to understand business strategy and imperatives as they deliver their advice.’

Caroline Reignley and Lisa Mazur are my go-to healthcare regulatory attorneys for sound legal advice given their deep expertise, understanding of the business context, and experience counseling clients on cutting-edge issues in digital health.’

McDermott Will & Emery has a great healthcare practice that provides very practical, high quality legal advice at a cost-effective price. The attorneys I have worked with are incredibly responsive, willing to join calls after hours or on weekends if needed. They provide creative solutions.

Vernessa Pollard is a highly skilled healthcare attorney who provides excellent legal advice. She responds to inquiries very quickly and her guidance is practical: easily understood by laypersons. Anisa Mohanty also is a highly skilled healthcare attorney who provides excellent legal advice. She produces a high quality written product very quickly.’

Key clients

CVS Health

Future Health

H.I.G

Nautic Partners

Enhanced Healthcare Partners

Prime Therapeutics

Novant Health

Cigna

St. Luke’s Health System

Devoted Health Plan

Work highlights

  • Represented CVS Health as healthcare regulatory counsel in its definitive agreement to acquire publicly-traded Signify Health, Inc.
  • Representing Future Health in its USD459 million agreement with Excelera Health.
  • Advised Prime Therapeutics LLC in its USD1.35 billion acquisition of Magellan RX Management, a pharmacy company, from Centene Corp.

Healthcare > Life sciences Tier 1

Douglas Carsten leads McDermott Will & Emery LLP’s life sciences industry group from Orange County. The ‘quality’ team exhibits ‘industry knowledge and innovative thinking‘ as it advises private equity and venture capital firms investing in life sciences on financings and deals, as well as digital health and technology companies seeking assistance regarding FDA and regulatory issues. Pollard primarily dispenses regulatory and corporate advice to medical device and biotech companies on matters concerning clinical research, post-market safety and compliance with FDA regulated products, and manufacturing. The ‘masterful‘ Carsten is a ‘tremendous litigator‘ who acts in lucrative patent and Hatch-Waxman cases. Working out of the Boston office, Sarah Chapin Columbia focuses on IP and patent litigation, while Michael Siekman assists with the development and defense of biotech patent portfolios and acquisitions. William Gaede supports the team from Silicon Valley with his experience in life science technology IP litigations concerning small molecules, proteins, and diagnostics. Counsel Anisa Mohanty, based in Washington DC, has extensive expertise in pre-market FDA strategy and post-market compliance, often advising medical product manufacturers and biotech companies. Vernessa Pollard departed the team to join DLA Piper LLP (US) in February 2024.

Practice head(s):

Testimonials

‘My dealings with Douglas Carsten and his team have been wonderful. The team is fully staffed and always fully prepared. They are also able to handle a full range of IP technologies.’

‘Douglas is a tremendous litigator. He learns everything about the technology and the business associated with the technology. In court, Doug is masterful. Again, his presentation before the court appears to be effortless and is readily appreciated by judges. Best of all, he is a winner.’

‘They are a quality team.’

‘The team has industry knowledge and innovative thinking.’

Key clients

Kent Thiry, former CEO of DaVita

Merck KgaA

Alnylam Pharmaceuticals

Vanda Pharmaceuticals

CRISPR Therapeutics AG

Baxter International Inc.

Bausch Health Companies Inc.

Ampersand Capital Partners

Zura Bio Limited

Merck & Co.

McDermottPlus Health

United Therapeutics Corporation

Work highlights

  • Represented Merck KGaA, Darmstadt, Germany, in its $780 million acquisition of Exelead. Also represented Merck in its venture capital-style investment in and its accompanying licensed spinoff of global IP rights for a regenerative monoclonal antibody known as “Sprifermin” to High Line Bio. or Merck, the agreements yield equity in High Line Bio (shares, plus an evergreen warrant), as well as cash payments via an upfront, milestones and royalties.
  • Representing Alnylam Pharmaceuticals in four patent infringement lawsuits filed in the District of Delaware against Moderna and Pfizer/BioNTech and their affiliates.

Healthcare > Service providers Tier 1

The team at McDermott Will & Emery LLP displays ‘exceptional depth‘ as it advises a host of tech companies, private equity funds, hospitals, and ambulatory and surgical care clients, handling partnerships between service providers and digital tech companies, intellectual property, and governance issues. Jerry Sokol leads the team from Miami as the global head of the healthcare group, while Gary Scott Davis advises major health insurance companies on healthcare joint ventures and reimbursement transactions. In the Chicago office, Bernadette Broccolo has longstanding expertise in issues surrounding healthcare IT and compliance programs for academic medical centers, while Kerrin Slattery is adept at advising health systems and hospitals on transactional matters. Also based in Chicago, Sandra DiVarco is particularly adept at representing clients in restructurings and the legal aspects of clinical issues, and Monica Wallace exhibits both regulatory and transactional expertise when advising on Medicare and Medicaid enrolment, fraud and abuse matters. Charles Buck leads the Boston practice, and primarily handles healthcare transactions, while associate Gregory Fosheim supports the team from Illinois, contributing his expertise in outbreak responses, investment initiatives in clinical research and pharmaceutical procurement.

Practice head(s):

Testimonials

‘The team at McDermott Will & Emery provides creative, high quality advice. They understand the need to help clients meet their objectives, and provide practical guidance.’

‘Anisa Mohanty has great expertise in the healthcare space. She provides very thorough and thoughtful advice.’

‘McDermott Will & Emery has exceptional depth across healthcare.  The team provides the highest quality advice, and they deliver every time.’

‘When it comes to M&A, they have exceptional strength that can handle any transaction, no matter how complex.’

‘Gary Gertler is the preeminent M&A lawyer for healthcare transactions.  He has exceptional industry knowledge and is supported by an exceptional team, and their work is outstanding with their deep knowledge.’

Key clients

Summit Health City-MD

Steward Health Care System LLC

Atrius Health, Inc.

Best Buy Co, Inc.

BehaVR

OxfordVR

Wheel

Maven Clinic

Brave Health

Moffitt Cancer Center

Mercy Health

Hospital for Special Surgery

Cancer Treatment Centers of America

Cedars-Sinai Health System

University of Southern California

Unified Women’s Healthcare

Amulet Capital Partners

OMERS Private Equity and Forefront Dermatology

US Heart & Vascular

Lee Equity Partners

Solaris Health Holdings, LLC

Duly Health Care

Ares Capital Management

Pinnacle Dermatology Management

athenahealth, Inc.

Beecken Petty O’Keefe & Company, LLC

General Atlantic

Welsh Carson

NMS Capital

Patient Square Capital

Refresh Mental Health

Caisse de dépôt et placement du Québec

Work highlights

  • Representing Summit Health-CityMD, a provider of primary, specialty and urgent care in its sale to VillageMD, a leading, national provider of value-based primary care services.
  • Represented Steward Health Care System LLC in the sale of its Medicare value-based care business to CareMax, Inc., a technology-enabled provider of value-based care to seniors, establishing CareMax as one of the largest independent senior-focused value-based care platforms in the U.S.
  • Represented Atrius Health, Inc. in its acquisition by Optum Care, the healthcare delivery arm of UnitedHealth Group.

Media, technology and telecoms > Outsourcing Tier 1

The Dallas-based team at McDermott Will & Emery LLP advises both high profile IT service providers and buyers on digital transformation projects, cloud-sourcing and application implementation as well as management deals. Clients in the healthcare and life sciences, aviation, automotive, insurance, retail and publishing as well as tech sectors routinely seek out the firm for its application developments, ERP platforms and revenue cycle management project assistance. Shawn Helms and Jason Krieser co-head the technology and outsourcing group- Helms is a key contact for handling outsourcing disputes regarding termination of traditional and tech-driven outsourcing relationships, and frequently works alongside Krieser on tech development and licensing matters pertaining to software, infrastructure and platform as a service transactions. David Guedry and Caitlin Howe are key names for the buying party in digital transformation and ERP implementation deals. Howe also supports Heather Bethancourt in matters concerning the enhancement of healthcare clients operational performance through outsourcing data analytics functions. Associate Raja Chatterjee is also a key practitioner in the team.

Practice head(s):

Key clients

Amadeus

Cognizant

Fujitsu

Hyundai Autoever

Medstar

New York Life Insurance Company

Spirit Aerosystems

Steward Health Care

University of Chicago

Walgreens

Work highlights

  • Advising Walgreens on the outsourcing aspects of updates to the company’s app products.
  • Assisted the University of Chicago with Oracle cloud implementation.
  • Advised the New York Life Insurance Company on the outsourcing arrangement with HP.

Tax > US taxes: contentious Tier 1

McDermott Will & Emery LLP acts in IRS audits, administrative appeals, and trial and appellate litigation for high profile multinational clients, including numerous Fortune 100 companies. The department has strength in SALT matters and transfer pricing disputes, with key expertise in tax disputes in the digital market. Jane Wells May leads the department from Chicago. May focuses on SALT matters for major corporations in the manufacturing, retail, healthcare and energy industries, while Johnson has a practice focused on complex tax disputes, and has experience representing taxpayers in all stages of civil and criminal tax proceedings. Also based in Chicago is Catherine Battin, a SALT specialist with a history of defending internet sellers. Stephen Kranz, in Washington DC, is a key name for matters related to digital taxation, and has expertise in state tax reform. The San Francisco office houses Charles Moll, who is particularly active on SALT matters before the California tax authorities, and Troy Van Dongen, who is active nationwide, and has a background in property taxation. Boston-based Richard Call handles SALT litigation before administrative and judicial bodies.

Practice head(s):

Key clients

Digital Goods and Services Coalition

Dropbox

Federal Realty Investment Trust

GBX Associates

Genentech

Growmark

Qatalyst Partners

State Tax After Reform and Recession (STARR) Partnership

The National Association of Manufacturers

US Chamber of Commerce

Tax > US taxes: non-contentious Tier 1

Praised for its broad capabilities across transactional and advisory mandates, McDermott Will & Emery LLP solidifies its reputation with a steady stream of big-ticket instructions for Fortune 100 companies, as well as various public and private corporations. Washington DC-based co-head Tim Shuman focuses on cross-border acquisitions, dispositions, restructurings and liquidations, handling a significant number of internal spin-offs and tax-free reorganizations. Fellow co-head Jane Wells May anchors the firm’s state and local tax offering. Also in DC, Caroline Ngo‘s expertise further spans foreign tax credit planning and bilateral income tax treaties – an area in which David Noren excels. Lowell Yoder and Damon Lyon are noted for their cross-border M&A and global tax planning acumen, while the New York-based John Lutz specializes in structured finance, derivatives, and hedge funds. Other recommended individuals include the tech-focused Dominika Korytek in San Francisco, and international tax expert Jeffrey Maydew. All named lawyers are based in Chicago unless noted otherwise.

Practice head(s):

Key clients

Aon PLC

Illinois Tool Works Inc.

Bank of America

MKS Instruments

JAB Holding Company’s Pet Insurance Business

Work highlights

Dispute resolution > Product liability, mass tort and class action - defense: toxic tort Tier 2

Drawing upon the expertise of product liability and mass tort litigators spread throughout the country, including many with first-chair trial credentials, McDermott Will & Emery LLP is well-positioned to defend high-profile clients in the energy, agro-chemical and life sciences sectors, against a diverse array of litigation, including those involving groundwater contamination, glyphosate-based product claims and claims involving mesothelioma as a result of asbestos exposure. Miami-based team head Anthony Upshaw  is frequently at the forefront of the highest-stakes matters handled by the team, including its ongoing representation for Bayer in relation to legacy Monsanto PCB products, as well as in numerous claims brought in state and federal courts in the long-running Roundup litigation. In New York, James Pardo  is also a key member of the team by virtue of his skill at handling both private and government-led enforcement actions relating to a myriad toxic tort infractions. Pardo remains particularly active in the oil and gas sector, and has led the firm’s efforts for the industry in relation to MTBE product liability claims.

Practice head(s):

Other key lawyers:

Key clients

American Petroleum Association

BDO

NCAA

ExxonMobil

DECRA Roofing Systems

Honeywell International Inc.

IKO Manufacturing

Monsanto

Bayer

Work highlights

  • Representing ExxonMobil in more than 500 class action, mass tort, environmental and product liability cases litigated in state and federal courts across the country.
  • Representing Monsanto in relation to multiple venue products liability mass tort actions related to the manufacture, sale and distribution of polychlorinated biphenyl.

Energy > Energy regulation: electric power Tier 2

McDermott Will & Emery LLP has an electric regulatory practice in Washington, DC known for representing independent power producers and other power companies in FERC and appellate capabilities. The team provide counselling and representation on energy regulatory, reliability, markets, transmission, interconnection, and compliance matters, including electric matters under the Federal Power Act. Neil Levy  is recognized as having developed a strong independent power producer practice, and he routinely assists clients with a wide-range of issues around markets, transmission and interconnection access. David Tewksbury has over 35 years of experience advising major industry players on issues arising under federal and state laws, and was involved in the matter of EPSA and Others, where the firm filed and prosecuted a complaint to FERC that led to significant expansion of mitigation rules for the PJM Interconnection. Stephanie Lim stands out for her experienced practice representing and advising independent power producers, power marketers and trade associations.

Practice head(s):

Key clients

Advanced Power Services (NA) Inc. (“Advanced Power”) and certain of its subsidiaries

Algonquin Power & Utilities Corp. (“Algonquin Power”)

Apex Clean Energy, Inc.

Calpine and certain of its subsidiaries

Clearway Group and certain of its subsidiaries

Clearway Energy and certain of its subsidiaries

Community Energy Operator Company, LLC (“CEOC”)

ConnectGen LLC

CPV and certain of its subsidiaries

Distributed Solar Development, LLC

Eastern Generation, LLC and certain of its subsidiaries (“Eastern Gen”)

Enfinity Global, Inc.

EPSA

Empire Generating Company, LLC

Empower Energies

GenOn and certain of its subsidiaries

Global Infrastructure Partners (“GIP”)

Homer City Generation, L.P.

Hubbell Power Systems, Inc.

Hull Street Energy, LLC (“Hull Street”)

Indeck Energy Services, Inc. (“Indeck”) and certain of its subsidiaries and affiliates

Independent Power Producers of New York, Inc. (“IPPNY”)

Invenergy LLC

J-POWER and certain of its subsidiaries

Leeward and certain of its subsidiaries

Longview Power, LLC (“Longview”)

LS Power and certain of its subsidiaries and affiliates

Mammoth North LLC (“Mammoth North”)

Marubeni Power International, Inc.

Mitsubishi Power Americas, Inc. (“Mitsubishi”)

Montour Solar One LLC

NEPGA

NextEra Energy Resources, LLC

NRG and certain of its subsidiaries

Pirlo Energy Holdings, LLC

Pine Gate Renewables, LLC

P3

Primergy Solar LLC

ReEnergy Holdings LLC and certain of its subsidiaries (“ReEnergy”)

REV Renewables, LLC (“REV”)

SB Energy and certain of its subsidiaries

Talen Energy Corporation (“Talen”) and certain of its affiliates

Tenaska and certain of its subsidiaries and affiliates

TerraForm Power, LLC (“Terra Form”)

Vistra and certain of its subsidiaries

Work highlights

  • Advised Tenaska on FERC issues related to (1) its acquisition of Osaka Gas’s interests in Tenaska Gateway Partners, Ltd.
  • Ltigating against PJM with respect to its offer-floor calculation for a new generation project owned by a J-POWER subsidiary.
  • Represented NEPGA as an intervenor supporting FERC in appellate proceedings before the D.C. Circuit relating to ISO New England Inc.’s (“ISO-NE’s”) Inventoried Energy Program, an interim mechanism to maintain reliability during the Winter through payments to generators with on-site, stored fuel.

Energy > Renewable/alternative power Tier 2

With a particularly strong development and financing practice, McDermott Will & Emery LLP‘s global energy project finance group is sought out by clients for advice on the whole range of renewable energy, including wind and solar power, biomass, geothermal, and renewable natural gas projects. In Los Angeles, co-chair and former president of the American Wind Energy Association Edward Zaelke stands out with his in-depth knowledge of project finance and private equity transactions, while Miami-based co-chair Philip Tingle is well known as energy tax expert in the renewables sector with broad experience in representing buyers and sellers of electric generation facilities, including utilities, power producers and financial institutions. Carl Fleming in Washington D.C. is especially recommended for his expertise on debt and tax equity financing, as well as his niche knowledge on zinc battery projects. In Miami, tax expert Heather Cooper is also recommended for her experience in restructurings and M&A, as well as tax incentive financing related to the Inflation Reduction Act of 2022. Praised by clients for his ‘huge knowledge and high commitment’, New York’s James Salerno regularly advises multinational corporate and business entities in the US, Latin America, and Sub-Saharan Africa on all stages of development for construction and financing of renewables projects.

Practice head(s):

Testimonials

‘Highly knowledgeable team in renewables and project finance in an UK/US/Anglo Saxon framework.’

‘James Salerno: highly committed, huge knowledge.’

‘’McDermott’s ability to coordinate across teams and collaborate effectively is what makes the firm great. We have a lead counsel who manages communications so that we don’t have to repeat the same information to different teams.’

‘James Salerno is the lead counsel for us. He is sensitive to our needs and makes sure that the team delivers quickly without incurring large legal fees. He has helped create a timeline and detailed the work necessary to move the transaction along. He brings in additional resources as needed.’

 

Key clients

Apex Clean Energy

Pine Gate Renewables

Novis Renewables

Catalyze

Clearway

Doral

Ameren

NiSource

Hanwha Q CELLS Co., Ltd.

Distributed Solar Development, LLC

AEP

AES Distributed Energy

Algonquin Power & Utilities Corp

Innogy renewables (RWE renewables)

LS Power

Primergy Solar

Credit Suisse

Scout Clean Energy

Enfinity Global

Work highlights

  • Represented Eni New Energy US, a subsidiary of the global “supermajor” oil company, Eni S.p.A., in its acquisition of a portfolio of over 465 MW among two co-located assets in Texas.
  • Advising Pine Gate Renewables, Apex Clean Energy, Novis, Renewables, Catalyzse, Clearway, DOral, Ameren, NiSource, and Hanwha on specific aspects of the Inflation Reduction Act of 2022,  
  • Advising on identifying the major provisions to the Inflation Reduction Act of 2022 (IRA) for Pine Gate Renewables, Apex Clean Energy, Novis, Renewables, Catalyze,Clearway, Doral, Ameren, NiSource and Hanwha.

Insurance > Advice to insurers Tier 2

McDermott Will & Emery LLP handles a range of insurance and reinsurance disputes for its clients, including insurance tax liabilities and issues concerning captive insurers. Insurance coverage litigation is the core work of the practice, which is particularly strong in the health insurance sector, where it advises major clients on disputes and appeals across the United States. The firm has also handled environmental insurance disputes centered on asbestos claims and issues arising from Superfund Sites, and furthermore is able to advise on regulatory matters, including cross-border insolvency matters. The practice’s leadership group is made up of insurance and reinsurance litigators Margaret Warner and Ryan Smethurst in Washington DC, following the December 2022 retirement of Jane Byrne. Dan Brown left the firm in August 2022 while John Finston took up a role with the New York State Department of Financial Services in October 2022.

Practice head(s):

Key clients

World Trade Center Captive Insurance Company, Inc.

Allianz Global Risks US Insurance Company

Allianz Underwriters Ins. Co.

The American Insurance Company

Fireman’s Fund Insurance Company

State National Insurance Company

Topa Insurance Group

MCIC, A Vermont Risk Retention Group

Allied World/Allied World Surplus Lines Insurance Co.

Infrassure Ltd.

Munich Re America

CNA

Nationwide Insurance Co.

W.R. Berkley

Travel Guard Group, Inc.

National Union Fire Insurance Co.

Work highlights

  • Representing Allianz Global Risks US Ins. Co. and Allianz Underwriters Ins. Co. on the Boy Scouts of America’s Chapter 11 case and contribution litigation against Daimler’s historical insurers.
  • Represented The American Insurance Company in active coverage litigation with its insured, Precision Castparts Corporation, and adverse to Chubb and Travelers companies in their respective capacities as other PCC insurers.
  • Represented the World Trade Center Captive Insurance Company, Inc in all facets of its operations, including its historic settlement on behalf of 9/11 responders.

Intellectual property > Trademarks: non-contentious (including prosecution, portfolio management and licensing) Tier 2

McDermott Will & Emery LLP employs the full bench strength of office locations across North America, Europe, and the Asia Pacific region, providing expertise in counselling and enforcement, to household names such as Hitachi and the New York Life Insurance Company, across such sectors as food and beverages, fintech, professional services, transportation, insurance, consumer electronics, pharmaceuticals, and apparel. The team is headed by trademark prosecution authority Christina Martini in Chicago and life sciences and medical industry expert William Gaede in Silicon Valley. In Washington DC, Robert Zelnick counsels clients on brand building and trademark licensing. Other key figures include international brand strategist Jennifer Mikulina in Chicago, domain name specialist Sarah Bro at the Orange County office, and associate Eleanor Atkins at the DC office.

Practice head(s):

Testimonials

‘Christina Martini and team provide swift and exceptional consultation on issues large and small. While a world-class department, the “feel” of their services is of a private family practice. In my many years of in-house experience, I have never experienced a firm with Tina’s unique approach to client service.’

‘It’s a diverse team of people with different experiences and educations that made a well-rounded team for us. They worked well together across different offices and put together a cohesive and successful defense.’

Key clients

BDO USA

Computing Technology Industry Association (CompTIA)

CXtec Inc.

Hitachi Ltd.

Hornblower Cruises

Ilegal Mezcal

Lyell Immunopharma, Inc.

New York Life Insurance Company

Olam International

One Home Brands, Inc., d/b/a Blueland

Outward Hound

Planson International

Plume Design

Rexair

SEKO Worldwide, LLC

Tampico Beverages, Inc.

Terlato Wines International

Valant Medical Solutions, Inc.

Walking Fish Therapeutics

Young Innovations, Inc.

Zodiac Pool Systems LLC / Fluidra

Work highlights

  • Advising BDO USA on its trademark portfolio.
  • Advising on all aspects of the trademark portfolio for Tampico Beverages.
  • Advising Hitachi on brand management issues.

Labor and employment > Employee benefits, executive compensation and retirement plans: design Tier 2

McDermott Will & Emery LLP has an experienced team that advises clients on retirement plans, fringe benefits, ESOPs, fiduciary duties and plan investment, as well as the potential impact SECURE 2.0 may have on their businesses. The group demonstrates a particular specialism in healthcare matters, advising multinational and financial services corporations on a number of varying health and welfare plans. Furthermore, the practice is abreast of emerging challenges for businesses to navigate, such as increased DOL audits in the wake of strengthened cybersecurity attacks on employee retirement plans, travel expenses in a post-Covid work environment, and redesigning benefit plans in response to Dobbs vs Jackson. Boston team and wider practice head Andrew Liazos is a trusted advisor to both multinational companies and individual entrepreneurs and executives, providing expert advice pertaining ERISA, fiduciary duties, executive compensation matters, and pay, bonus and severance issues. The Chicago-based Todd Solomon handles pension, profit sharing, and employee stock ownership plans, while Allison Wilkerson focuses on the design and implementation of non-qualified plans and executive compensation arrangements from the firm’s Dallas office. Counsel Alden Bianchi strengthened the team in Boston, arriving from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. in December 2022.

Practice head(s):

Key clients

Boeing

Discover Financial Services

ERISA Industry Committee (ERIC)

Ericsson

Genentech

Healthcare Trust of America

Liberty Mutual

Huron Consulting

Kaiser Aluminum

Trinity Industries

Work highlights

  • Advised Liberty Mutual on a solution to the overfunding of the Liberty Mutual pension fund.
  • Advised Trinity Industries on a major annuity lift out project.
  • Advised on the redesign of Huron Consulting’s executive compensation incentive plan.

Labor and employment > Employee benefits, executive compensation and retirement plans: transactional Tier 2

McDermott Will & Emery LLP has expertise in advising major domestic and international players on retirement plans, welfare benefits, and ESOPs. The firm’s client base includes healthcare companies, financial service entities and commercial aircraft manufacturers, with the group routinely assisting these corporations with high-value M&A and complex private equity deals. Global practice head Andrew Liazos is based in the Boston office,  bringing vast experience in representing Fortune 500 companies and executive committees in relation to compensation plan governance concerns and fiduciary issues under ERISA. Diane Morgenthaler and Todd Solomon are both based in Chicago, with the former specializing in handling employee benefit issues involved in corporate transactions such as acquisitions and reorganizations, while the latter focuses on counselling fiduciaries on their investment policies. In Dallas, Allison Wilkerson advises on equity compensation plans and profit sharing. In New York, Evan Belosa supports executive officers and employees from the financial services industry with compensation matters.

Practice head(s):

Other key lawyers:

Diane Morgenthaler; Todd Solomon; Allison Wilkerson; Evan Belosa; Jacob Mattinson; Jeffrey Holdvogt; Lisa Loesel; Brian Tiemann

Key clients

VICI Properties Inc.

Kite Realty Group Trust

Oracle

Walton-Penner Family

Lockheed Martin Corporation

Zendesk

Syncreon

LabCorp

Peprotech

Beaumont Health

Work highlights

  • Advised Healthcare Trust of America on the benefits and compensation aspects of its $18 billion merger with Healthcare Realty Trust.
  • Represented Kaiser Aluminum on the extensive employee benefits, and human resources integration issues, connected to the acquisition of a unit of Alcoa Corp in Indiana.
  • Assisted Anderson Holdings, a private, family-owned, diversified holding company, in the equity and asset sale of its wholesale beverage distribution business, to Clare Holdings, managing all the benefits and compensation issues.

Labor and employment > Immigration Tier 2

With thorough expertise in US to German immigration, McDermott Will & Emery LLP assists clients on immigration matters pertaining to M&A and also advises high net worth private individuals and families on cross-border immigration and expatriation. Practice head Joan-Elisse Carpentier works from New York and represents individuals, corporations, entrepreneurs, and non-profits with immigration and nationality law. Paul Hughes is located in Washington DC, and has challenged a breadth of administrative agency actions, enjoying a successful track record in defending investors, trade groups and universities in maintaining their flexible immigration system.

Practice head(s):

Other key lawyers:

Key clients

CUPIRE

Enrique Iglesias

Enstar

Espuña

GMS Solutions

NationsBest

tesa tape

Viacom/CBS Corporation

Volunteer Lawyers for The Arts

Wildlife Conservation Society

Work highlights

  • Asssisted on two succesful H-1B1 applications for Chilean businessmen in the construction industry.
  • Represented several pro-business groups succesfully in an immigration-related dispute pertaining to whether international students with science and technology degrees should be allowed to remain in the US after graduating.
  • Asssisted Wildlife Conservation Society in gaining visas for their experts and staff from around the world to the US.

M&A/corporate and commercial > M&A: middle-market ($500m-999m) Tier 2

With great geographical reach in the US and internationally, McDermott Will & Emery LLP enjoys a strong reputation in the middle-market M&A space, where it frequently advises chemicals, energy, healthcare, and manufacturing clients. New York-based Todd Finger has deep experience advising private equity and corporate clients active in the life sciences, consumer products, media and retail industries. Leader of the global transactional group Harris Siskind and Frederic Levenson, who co-heads the private equity practice, are based in Miami. Wilson Chu is a name to note in Dallas, while Brooks Gruemmer is a key contact in Chicago for strategic and private equity clients. Sam Snideris an excellent attorney’ in Atlanta, who specializes in M&A, corporate minority investments and joint ventures.

Other key lawyers:

Testimonials

‘Available, engaged, strategic.’

‘We have a strong relationship with Sam Snider, who is an excellent attorney – both in terms of legal detail as well as interpersonal skills. He is well respected by others in the wider deal team, which means he can get stuff done without it always having to come back to the corporate M&A team. This is very valuable. I also personally trust and seek his advice.’

‘McDermott’s partners put themselves in their client shoes: they’re not only supporting an inorganic deal, but critically question or suggest innovative approaches that help the client.’

‘In my experience with MWE, they bring all the heft and depth of a big law firm with the personal touch and responsiveness of smaller outfits. We are a small but growing private equity firm and are given great attention despite being smaller than many of their other clients.’

‘David Grimes is our primary point of contact and has been working on growth equity deals with us for a couple years now. He’s responsive, smart, engaged and enjoyable to work with.’

‘The MWE team has a deep bench strength, but the partners take a strong lead, assuring top level active involvement throughout the transaction. The team ensures they have a good understanding of your business, frequently researching the market and industry to ensure their advice is on point and proactive.’

‘The Dallas team is among the most diverse that I’ve experienced. Wilson Chu is particularly good about providing and honouring fee estimates, even for complicated transactions.’

Key clients

Prime Therapeutics LLC

The Coca-Cola Company

Chicago Pacific Founders

Revelstoke Capital Management LLC

General Atlantic

NationsBenefits Holdings, LLC

Cuisine Solutions, Inc.

RiverGlade Capital, LP

Viking Global Investors

Ilitch Family

Baker Hughes

Delta Electronics, Inc.

BQ Energy

Deerfield Management

Lennar Corporation

Ascend Wellness Holdings, Inc.

Work highlights

  • Represented Prime Therapeutics LLC in its entry into a definitive agreement with Centene Corporation to acquire Magellan Health, Inc.’s pharmacy business, Magellan Rx Management, for $1.35bn.
  • Acted for The Coca-Cola Company in connection with the sale of its Cambodian and Vietnamese bottling operations to Swire Beverages Holdings Limited.

Tax > Financial products Tier 2

Tax > International tax Tier 2

McDermott Will & Emery LLP represents large Fortune 500 multinational companies in addition to public and private mid-size smaller companies, offering a strong transactional and advisory practice covering large M&A, spin-offs, transfer pricing and corporate restructuring. Additionally, the team regularly advises high-net worth individuals including private clients, their trusts and estates. Tim Shuman  leads the practice, operating out of Washington DC, with expertise in cross-border acquisitions, dispositions, restructurings and liquidations. Damon Lyon and Lowell Yoder, based in Chicago, focus on global planning and international controversies. Also in DC, Caroline Ngo frequently counsels both inbound and outbound clients on a broad range of international tax issues.

Practice head(s):

Other key lawyers:

Key clients

Aon PLC

Illinois Tool Works Inc. (ITW)

Bank of America

MKS Instruments

JAB Holding Company’s Pet Insurance Business

Antitrust > Merger control Tier 3

McDermott Will & Emery LLP is noted for its high-level specialist healthcare antitrust and FTC practices, combining a steady stream of HSR filings and merger approvals with standout capabilities in government merger investigations and litigation, also working regularly on transactions in the tech and defense sectors, among others. The team includes diverse merger and contentious antitrust experts, with practice head Raymond Jacobsen working on major US and international mandates in industries including defense, medical devices, and biotech, while former FTC Mergers II lawyer Joel Grosberg has a strong knowledge of FTC and DOJ merger processes, advising on acquisitions, sales, and joint ventures. Jon Dubrow is a prolific HSR counsel and also focuses on securing first-stage approvals for highly scrutinized deals, Gregory Heltzer stands out for his merger defense work, and Lisa Rumin has also seen success in defending mergers in the healthcare, pharma, and biotech against investigations by state and federal authorities. Chicago’s Stephen Wu  plays a key role in the firm’s health antitrust offering. All lawyers mentioned are in Washington DC unless otherwise stated.

Practice head(s):

Other key lawyers:

Key clients

PerkinElmer

Lockheed Martin

Martin Marietta Materials, Inc.

Cedars Sinai Health System

The Chartis Group

Care New England Health System

Geisinger Health

Work highlights

  • Represented PerkinElmer in the acquisition of BioLegend for US$5.25 billion.
  • Represented Lockheed Martin in connection with its US$5 billion acquisition of Aerojet Rocketdyne.
  • Represented Care New England Health System in its proposed US$920 million merger with Lifespan Health System.

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

The growing appellate practice at McDermott Will & Emery LLP added seven new clients to its roster over the past year, including Astellas Pharmaceuticals, and the Electric Power Supply Association. The Washington DC-based group’s increasing activity was reflected by its recent promotion of appellate-focused lawyers Andrew Lyonsberg and Sarah Hogarth to the partnership. Among its recent key cases, the team has represented an array of multinational corporations, trade associations and financial institutions on appeals involving constitutional law, business disputes and immigration law, among other matters. Paul Hughes, who has argued before the Supreme Court nine times, co-heads the practice together with increasingly prominent next-generation partner Michael Kimberly.

Practice head(s):

Other key lawyers:

Key clients

Medical Imaging & Technology Alliance

Advanced Medical Technology Association

U.S. Chamber of Commerce

National Association of Manufacturers

Pharmaceutical Care Management Association (PCMA)

Vanda Pharmaceuticals

Express Scripts

Medicaid & Medicare Advantage Products Association of Puerto Rico

Blackboard, Inc.

Virginia Healthcare and Hospital Association

Electric Power Supply Association

New England Power Generators Association Inc.

Independent Power Producers of New York

NCAA

Bankers Trust

Astellas Pharmaceuticals

NCR Corporation

Various pro bono clients

Work highlights

  • Successfully represented the US Chamber of Commerce, the National Association of Manufacturers, and the Information Technology Industry Council at the DC Circuit in their defense of the Optional Practical Training program.
  • Successfully represented the Independent Power Producers of New York in challenging the Federal Energy Regulatory Commission’s rejection of the New York Independent System Operator’s rate tariff filing.
  • Represented the Virginia Hospital & Healthcare Association and the Medical Society of Virginia in a constitutional and regulatory challenge against the Centers for Medicare and Medicaid Services and the Virginia Department of Medical Assistance Services.

Dispute resolution > General commercial disputes Tier 3

McDermott Will & Emery LLP is noted for its expertise in defending accounting firms and their partners in Securities and Exchange Commission (SEC) investigations and securities lawsuits, in addition to maintaining a robust healthcare litigation practice and advising on high-value disputes concerning intellectual property issues. Key clients include oil and gas entities, healthcare providers, pharmaceutical and life sciences companies, private equity investors and satellite companies, among others. In the firm’s New York office, John Calandra, who has demonstrable experience in cases involving space law and satellites issues, leads the practice alongside Los Angeles’ William Donovan and Jon Dean. Other key contacts in the group include Andrew Kratenstein and Joshua Simon, who operate from the firm’s New York office.

Practice head(s):

John Calandra; Bill Donovan; Jon Dean

Testimonials

Elite firm for every type of commercial dispute. Excellent with technology. Brilliant and accessible lawyers.

Sam Cruse is excellent at trade secrets, oil and gas, contract, multi-district and other commercial disputes. He excels at the most complex of matters.

Key clients

Ace American Insurance Co.

Airbnb

Allied World Assurance Company

Allscripts

Amgen Inc.

Andrew Hall

Apple

Athenahealth

BDO USA, LLP

Blue Cross and Blue Shield of Florida

CDI Northern Minnesota, LLC

Cigna

DaVita HealthCare Partners Inc.

Dimension Data

Former CEO of Xerox

Gemspring Capital Management

George E. Warren LLC

Grant Thornton LLP

Healthcare Distribution Alliance

Honeywell International Inc.

IKO Industries, Ltd.

Intelsat

Kaiser Aluminum Warrick, LLC

Kent Thiry

Kleinfelder, Inc.

KOS Services, Inc.

Land O’Frost

Leonardo Alfonzo Blanco Balza

Liberty Mutual Group

National Spine and Pain Centers

Network Eyecare

Northern States Power Company

Oak Pacific Investment

PG&E

Plantronics

Polycom

Rapid Displays, Inc.

Roche Health Solutions, Inc.

Sage Associates, Sage Realty, Malcom Sage, Martin Sage, Ann Sage Passer

Schneider Electric

Southern Illinois Healthcare

Sun-Maid Growers of California

The Center for Outpatient Surgery

Topa Insurance Company

Trustpilot, Inc.

Universal Health Services, Inc.

University of New Mexico

University of Vermont Medical Center

Work highlights

  • Representing Apple Inc. in connection with the App Store antitrust cases filed by Epic (Epic Games v. Apple Inc.) and two purported classes of consumers and app developers (In re Apple iPhone Antitrust Litigation and Cameron et al. v. Apple, Inc.), all of which are pending in the N.D. California.
  • Serving as strategic and litigation counsel in connection with establishment and oversight of the NARCO asbestos bankruptcy trust related to a former Honeywell subsidiary, created to settle certain asbestos-related claims.
  • Retained by Airbnb in connection with a significant, high stakes State Court complex commercial civil action seeking to enjoin Airbnb from listing short term rental (“STR”) properties within the 1,100-mile-long California Coastal Zone and for extensive alleged penalties thereon under California’s Coastal Act.

Insurance > Insurance: non-contentious Tier 3

Cross-border insurance M&A is the focus for the team at McDermott Will & Emery LLP, which advises insurers, private equity investors and holding companies on the sales, purchases and mergers of insurance companies, in addition to providing regulatory support. The firm is also well-versed in handling insurtech matters, assisting both new and established clients with corporate, tax and regulatory issues. Practice head Michael Halsband is a highly experienced insurance and reinsurance industry specialist, with particular expertise in transactional mandates. Michael Byrne is the team’s insurtech specialist, also handling transactional and regulatory matters. All lawyers mentioned are New York-based.

Practice head(s):

Other key lawyers:

Key clients

Transverse Insurance Group LLC

United Services Automobile Association

Team Focus Insurance Group

M.J. Hall & Co., Inc. and M.J. Hall & Company of Alaska, Inc.

Tarmika, Inc.

Panorama Insurance Group

WeSure Digital Insurance Service

Volery Capital Partners

Swiss Re Group

CHW Acquisition Corporation

Comvest Partners/Robbins

Crouse and Associates Insurance Brokers, Inc.

Work highlights

  • Represented Transverse Insurance Group LLC in its acquisition by Mitsui Sumitomo Insurance Co., Ltd., a member of the MS&AD Insurance Group.
  • Assisted United Services Automobile Association in its acquisition of California-based insurtech firm Noblr, Inc.
  • Represented Team Focus Insurance Group in its sale to PEAK6 InsurTech, a subsidiary of Chicago-based financial technology business PEAK6.

Intellectual property > Patents: prosecution (including re-examination and post-grant proceedings) Tier 3

Silicon Valley-based intellectual property head William Gaede, Chicago-based patent prosecution head Ahsan Shaikh, who leads on a number of the team’s prominent matters, and Boston-based IP transactions and licensing head Edward Gordon , are key leaders of the team at McDermott Will & Emery LLP, with Silicon Valley’s Judy Mohr particularly focused on pharmaceutical and medical device matters, developing and defending portfolios for clients in these industries. The team continues to represent major clients such as Meta and related platforms, Panasonic and EA, with Boston’s Jenny Chen and Michael Siekman leading on key matters, an example being the multi-jurisdictional life sciences patent prosecution matter regarding a number of CRISPR Therapeutics’ lead programs. Partner Margaret Sampson notably joined the team in Austin, Texas from Baker Botts L.L.P. in July 2022.

Testimonials

‘The team is adept at dealing with Japanese clients.’

Key clients

Amgen Inc.

QuidelOrtho Corporation

Heron Therapeutics, Inc.

Delpor, Inc.

Corium, Inc.

Meta Platforms

Specifica Inc.

CRISPR Therapeutics

AirSculpt Technologies

Atkore, Inc.

Best Buy Co, Inc.

Electronic Arts, Inc.

StubHub

Shutterstock

Panasonic

Taiwan Semiconductor Manufacturing Company

Work highlights

  • Advising Heron Therapeutics Inc’s on patent filings for FDA approved products SUSTOL and CINVANTI, both for prevention of nausea and vomiting induced by chemotherapy.
  • Advised CRISPR Therapeutics on patent matters relating to their immuno-oncology programs, which combines the cutting-edge ‘crispr’ and ‘CAR-T’ technologies.
  • Advising and working on patent application drafting and examination strategies for Meta Platforms, preparing many patent applications for Meta, such as Instagram.

International Trade > Trade remedies and trade policy Tier 3

The ‘very deep and experienced’ group at McDermott Will & Emery LLP handles a broad mix of trade remedy and policy issues, with strong skill sets in countervailing duty and antidumping proceedings, WTO and NAFTA dispute settlement, and trade negotiations. Increasingly sought after by sovereign clients, the Washington DC-based team has recently assisted the UK Government with various trade negotiations, including UK-Mexico, UK-CPTPP and others. It also continues to represent the Government of Canada in the ongoing dispute with the US over US imports of softwood lumber from Canada. Carolyn Gleason co-heads the practice and is acting for Musco Family Olive Co in several trade proceedings involving US olive imports from Spain. Other key contacts include counsels Raymond Paretzky and David Levine, both of whom handle a range of import relief, customs, export controls and trade sanctions matters. Counsel Timothy Hruby recently joined the DOC, and in May 2023 a team around former department co-chair Joanne Osendarp, Eric Parnes and Alan Kashdan also left the firm.

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Other key lawyers:

Testimonials

‘MWE is an office that is committed to the work entrusted to it. Lawyers are very professional and efficient.’

‘With the MWE team, it is possible to achieve results and get answers quickly and efficiently, that is the most valuable thing. They understand the speed required and respond to it assertively.’

‘The international trade team is very deep and experienced.’

Key clients

Asocaña – Sugar Cane Growers Association of Colombia

California Cling Peach Advisory Board

Chiquita Brands

CHS

CJ CheilJedang Corporation

Coalition for Fair Trade in Ripe Olives

Dredging Contractors of America

Export Development Canada (EDC)

Florida Fruit & Vegetable Association

Government of Canada

Government of Mexico

Illinois Tool Works

Musco Family Olive Co.

Work highlights

  • Represented the Government of Canada in the ongoing dispute between the US and Canada over US imports of softwood lumber from Canada.
  • Advised Export Development Canada on general international trade matters.
  • Represented Musco Family Olive Co in several antidumping, countervailing duty, CIT, WTO, and Section 129 proceedings involving US olive imports from Spain.

Labor and employment > ERISA litigation Tier 3

McDermott Will & Emery LLP’s standalone ERISA litigation practice is experienced defending ERISA claims and has a particular focus in employee stock ownership plans, achieving several dismissals of actions relating to ESOP transactions and defending against Department of Labor investigations. The practice regularly assists fiduciaries across 401(k), pension and ESOP plans, and acts as counsel for the ERISA Industry Committee (ERIC). The practice, led by Christian Nemeth and Ted Becker, based in Miami and Chicago respectively, works closely with the wider litigation and employee benefits teams to offer subject matter advice on a range of ERISA-related claims. Becker specializes in ESOP litigation as well as regulatory investigations, while Nemeth represents institutional and individual ERISA fiduciaries at both state and federal levels.

Practice head(s):

Testimonials

‘Ted Becker and his staff provide our company with excellent customer service and quick responses regarding our case.’

‘Ted Becker’s extensive experience and best in class engagement with his clients is second to none in ESOP company defense. He’s always available to address the company’s needs.’

‘Very good team, very knowledgeable, great experience on legal matters, very communicative with their clients, and very good at explaining where the client is on the process of the legal matter.’

‘This practice knows the law and the players in this field and keeps up on all activity. Strategizing and communication are great strengths but getting the details right is also top drawer. Great at helping to prepare for depositions.’

‘Christian Nemeth and Ted Becker were great. Could not have asked for better support, strategy, communication, and knowledge.’

‘The ERISA litigation team of lawyers has deep experience in all areas of plans covered by ERISA. Of interest to me was their experience with ESOPs and, in that regard, they are second to none. Reputation, experience, and commitment are evident at every step. When you retain a particular lawyer, you get the whole team, and they work collaboratively on your case.’

‘Ted Becker has more ESOP litigation defense experience than anyone else. When I needed to retain counsel, there was no question who to retain. Ted’s deep background, decades of experience, and network of people he has worked with and for are all impressive and helpful. But, what stands out most is his communication skills in working with me and advocating for my case.’

Key clients

BDO USA LLP

Google

Cigna

Target

Berkshire Partners

Houlihan Lokey Capital, Inc.

Liberty Mutual

Life Insurance Company of the Southwest

Schneider Electric

Nation Safe Drivers

GreatBanc Trust Company

Genentech Inc.

LinkUS

ERISA Industry Committee (ERIC)

KPC Healthcare

North Highland

Lubbock National Bank

Tharanco Group

Montefiore Medical Center

Work highlights

  • Represented Tharanco Group and other defendants in a class action lawsuit brought by a participant in the Tharanco Group Employee Stock Ownership Plan (ESOP) who alleged that the clients, directors and officers of Tharanco Group violated ERISA fiduciary duties in selling their Tharanco shares to its ESOP.
  • Represented two separate Houlihan Lokey entities, as well as a former employee and his wife, in an ERISA action involving more than 60 defendants where the plaintiff alleged decades-long fraud involving a $810m transaction where our clients are alleged to have not disclosed certain information to plan participants.
  • Represented 13 not-for-profit hospital systems who were sued in connection with a 2015 ESOP transaction in which the plaintiff, a participant in the Symbria Inc. ESOP, sued the hospital systems, claiming that they violated ERISA when they sold their majority interest in Symbria to an ESOP for a price allegedly in excess of fair market value.

Labor and employment > Labor-management relations Tier 3

McDermott Will & Emery LLP covers matters concerning union relations, collective bargaining and NLRB negotiations on behalf of major clients operating out of the technology, transportation, alcoholic beverages, airline and arts sectors. Advice and representation around the National Labor Relations Act is another core pillar of the group’s practice. The labor management team is led by Chicago’s Michael Sheehan, while San Francisco’s David Durham provides representation and advice to businesses in all matters involving labor unions. Fellow San Francisco-based attorney Christopher Foster is another key name, leading the firm’s labor subgroup. October 2022 saw the departures of Ron Holland and Ellen Bronchetti.

Practice head(s):

Other key lawyers:

Testimonials

‘Excellent grasp of the law.’

‘Very responsive.’

 

Key clients

AirBnB

Amazon

Apple

Lyft

Mapbox

Meredith Corporation

Savage Services

Target

Work highlights

  • Represented Target in relation to a recent National Labor Relations Board election matter which resulted in withdrawal of the election petition and dismissal of various unfair labor practice charges.
  • Representing Meredith on union-related matters, a project that currently includes five ongoing collective bargaining agreement negotiations with iconic Meredith brands.
  • Representing Lyft in a variety of labor-related matters.

Labor and employment > Workplace and employment counseling Tier 3

McDermott Will & Emery LLP‘s team operates out of Chicago and works with executives, in-house counsel and HR departments to protect against workplace problems. The practice is well-versed in advising companies on how to avoid claims of discrimination, wrongful termination and leaves of absence. Michael Sheehan heads the team and advises private and public clients, touching on areas like senior executive exits, sexual harassment claims and whistleblower complaints. Rachel Cowen is experienced in trade secret litigation while Maria Rodriguez advises on employment law compliance.

Practice head(s):

Other key lawyers:

Testimonials

‘Extreme responsiveness with a strong grasp of the law.’

‘The practice is unmatched in its experience with the advertising industry and our unique employment/HR issues.’

‘McDermott’s employment lawyers are expert and practical in the advice they provide. They are sophisticated practitioners who provide tailored, strategic advice.’

‘Rachel Cowan is an expert who takes time to consider the unique challenges facing a business to focus advice that’s particularly pragmatic and strategic.’

‘The team is very responsive and has a lot of in-house expertise. The Workplace team work closely with the partner in charge of our engagement to ensure that our needs are met.’

Work highlights

  • Advised Turner on day-to-day employment matters, labor obligations as a federal contractor and prevailing wage matters.
  • Advised POAP in the creation of comprehensive HR policies for employees across numerous states.
  • Provided training to Kyu Collective’s human resources staff on a variety of topics including sexual harassment prevention and response.

Media, technology and telecoms > Cyber law (including data privacy and data protection) Tier 3

With the arrival of Washington DC-based duo Elliot Golding and senior counsel Robin Campbell  from Squire Patton Boggs in April 2022 as well as Kathryn Linsky, in New York, from an in-house position in August 2022, McDermott Will & Emery LLP has deepened its broad global privacy and cybersecurity group. Linsky focuses on privacy by design when advising clients on product and feature developments frequently involving AI and machine learning. The arrival of Campbell adds a dimension to the team with her specialism on undertaking global data compliance and breach response strategies in the autonomous vehicles and connected cars space. Likewise, Golding’s experience in working on innovative data compliance issues involving health-tech, biometrics, ad-tech and data monetization deepens the team’s expertise. Head of the US team Michael Morgan, based in Silicon Valley, works on both complex breach responses and global compliance strategies, involving US state privacy laws, GDPR and China’s Network Security Law. Boston-stationed Edward Zacharias and Daniel Gottlieb, in Chicago, are the key names for healthcare providers, insurers, pharmacies and medical device manufacturers on HIPAA compliance and investigation matters. Also in Chicago, Ryan Higgins is a further name to note for healthcare companies for data arrangements concerning transactions, while Jiayan Chen in Washington DC, covers big data issues pertaining to clinical laboratories, bioassets and big data transactions. Todd McClelland, in Atlanta, not only advises technology driven companies on responses to cyber incidents and also assists on pre-breach activities, namely incident response plan designs, vendor penetration testing and cyber tabletops. David Saunders in Chicago, is a key contact for state and federal level compliance advice.

Practice head(s):

Testimonials

‘Jiayan Chen is a subject matter expert with an extremely high degree of professionalism. She adroitly communicates with counter-parties and she is willing to think out of the box.

‘The firm’s advice and work is not generic and is tailored to the business model. They team provides this advice and guidance with excellent customer service at a reasonable cost.’

‘Daniel Gottlieb is practical and smart, creative, easy to understand, and prompt.

David Saunders is very quick to provide precise answers to questions.’

‘Elliot Golding is what makes this practice unique.’

‘Elliot Golding is responsive, and he also has a wealth of knowledge that is unmatched in this industry. He takes the time to work with this clients and I have come to trust his judgment on matters that require sensitivity and discretion. It feels good to know that you can rely on and trust a legal advisor.’

Key clients

Vistar Media

Tradeswell

Arcspan Media

GPS Trackit

Magellan AI

Forbes

Roofstock

StackAdapt

Actable Data

Ardsley Media

theBalm

Giant Spoon

BDO USA LLP

Volkswagen Group of America

Work highlights

  • Assisted Volkswagen Group of America with investigating, mitigating and responding to a vendor security incident impacting information regarding approximately 3.3 million people in the US and Canada.

Real estate > Real estate finance Tier 3

McDermott Will & Emery LLP‘s Illinois and California offices have seen significant growth under the leadership of David Wolff in Chicago and Mal Serure in Los Angeles, welcoming Justin Bender to the Chicago office from Kirkland & Ellis LLP in February 2022, and a number of associates to the Los Angeles office. New York-based practice head Keith Pattiz is a recognized practitioner in the hospitality sector, representing numerous owners, operators and developers in their financing management agreements, retail leasing and all financing transactions. Also in New York, Scott Weinberg and David Broderick have extensive experience counselling specialty finance companies and REIT’s in the origination of commercial mortgage loans, mezzanine loans and preferred equity, alongside securitizations, mortgage loan repurchase/warehouse facilities, and syndications.

Practice head(s):

Key clients

Ladder Capital Finance

Silverstein Capital Partners

RFR Holding LLC

Natixis, New York Branch

Natixis Real Estate Capital

Arbor Realty Trust

S3 Capital (affiliate of Spruce Capital Partners)

Work highlights

  • Represented Ladder Capital in connection with amendments to appx. $1.5 billion of liquidity facilities to accommodate transitions from LIBOR to market-driven alternative rate environments.
  • Represented Silverstein Capital Partners in the origination of a $600 million mortgage and mezzanine loan financing package to Wildflower Development and Meadow Partner.
  • Advised Natixis, New York Branch, in the origination and later syndication of an $162.5 million mortgage and mezzanine loan to an affiliate of American Real Estate Partners (AREP) for the office property known as 1600 Market Street, Philadelphia, Pennsylvania.

Antitrust > Cartel Tier 4

McDermott Will & Emery LLP stands out for its strength in the healthcare and life sciences sector, acting for major healthcare providers, insurers, and biotech clients in a range of cartel investigations and litigation, including cross-border investigations by international antitrust authorities. Raymond Jacobsen leads the team from Washington DC, an experienced antitrust lawyer with a focus on litigation. Joel Grosberg, also in DC, focuses on government antitrust investigations before the DOJ and the FTC and has notable agency experience from the FTC. In Chicago, Stephen Wu specializes in healthcare-related antitrust, while litigator Katharine O’Connor has significant experience in labor market litigation concerning alleged no-poach agreements.

Practice head(s):

Key clients

Southern Illinois Healthcare

Voyant Beauty LLC

Allscripts Healthcare Solutions, Inc.

Constellation Brands

Work highlights

  • Representing Southern Illinois Healthcare, in a civil antitrust litigation filed in the United States District Court for the Southern District of Illinois by Marion HealthCare, a competing ambulatory surgery center.
  • Represented Allscripts in a multi-year investigation brought by the Federal Trade Commission.

Antitrust > Civil litigation/class actions: defense Tier 4

McDermott Will & Emery LLP offers a full spectrum of antitrust services including work on major class actions, cartel defense and private antitrust litigation and particularly stands out for its representations in the healthcare industry as well as consumer goods and tech. Global head of the antitrust practice Raymond Jacobsen advises on mergers and acquisitions and antitrust litigation in Washington DC and has significant experience in matters in the defense, life sciences and energy space. Michelle Lowery in Los Angeles is well-versed in counseling and litigating high-profile cases in the healthcare, manufacturing, and technology area. Nicole Castle provides legal counsel in criminal and civil multidistrict class action litigation concerning Sherman Act violations in New York. In Chicago, Katharine O’Connor and Stephen Wu focus their practices on complex litigation and investigations brought by regulators in an array of sectors, from healthcare to consumer goods. Former federal regulator and plaintiff’s class action lawyer Lesli Esposito in DC is also a key team member.

Practice head(s):

Key clients

Kent Thiry

Amneal Pharmaceuticals

Outpatient Medical Center Employee Litigation Apple Inc.

Motorola Mobility LLC

Permanente Medical Group

Envision Healthcare Corporation and Envision Physician Services, LLC

Apple Inc.

Impax Laboratories/Amneal Pharmaceuticals

Dr.First

Work highlights

  • Representing two defendants, Impax Laboratories and Amneal Pharmaceuticals, in an antitrust multidistrict litigation in the United States.
  • Representing Apple Inc. in connection with the App Store antitrust cases filed by Epic and two purported classes of consumers and app developers, all of which are pending in the N.D. California.

Dispute resolution > Corporate investigations and white-collar criminal defense

McDermott Will & Emery LLP assists a diversity of clients across an assortment of industries, including healthcare, financial services, education, private equity, pharmaceutical, manufacturing and energy. The practice routinely assists in civil and criminal government investigations and litigation, as well as a spectrum of FCPA and anti-corruption investigations. Steven Scholes in Chicago regularly represents clients before the SEC, state securities regulators, the Financial Industry Regulatory Authority, and numerous stocks, options, and futures exchanges. Laure McLane in Boston advises on parallel civil and criminal investigations pertaining to Medicare and Medicaid billing in addition to government contracts. Los Angeles-based Russell Hayman represents health care providers, pharma and biotech companies in criminal and civil fraud cases. Also in LA, Gordon Greenberg  is renowned for his money laundering expertise and has great experience assisting businesses in crime investigations and trials.

Testimonials

‘Efficient management.’

‘The team has deep expertise and knowledge of health care issues and enforcement risks. They are creative and solutions oriented.’

‘McDermott’s white-collar practice is the go-to firm for all corporate investigations.’

‘The stand-out partners that I have worked with are Laura McLane and Mark Pearlstein. Both are exceptional lawyers, easy to communicate with, and excellent handling complex matters.’

‘Laura McLane is a terrific lawyer. She is on top of every detail in her matters, has a deep understanding of legal developments at issue, and is a fierce advocate for her clients.’

Key clients

The Health Care District of Palm Beach County

Ravago Americas

Baxter International, Inc.

Comprehensive Capital Management

Healthcare Trust of America, Inc.

University of Chicago Medical Center

DaVita

Steward Health Care System LLC

St. Joseph Hospital and St. Joseph Medical Center

CleanSlate Centers, Inc.

Universal Health Services, Inc.

H.I.G. Capital, Inc.

BDO USA LLP

Plantronics

Poly

GrantThornton International Ltd.

Airbnb

Directors of Exelon Corporation and Commonwealth Edison (ComEd)

Work highlights

  • Conducted an investigation at Baxter International into foreign exchange transactions that affected reported net income and retained earnings by approximately $582 million.
  • Conducted an internal investigation on behalf of Healthcare Trust of America, Inc. (HTA), relating to various aspects of the personal use of corporate aircraft by HTA’s former CEO.
  • Represented 31 directors of Exelon and ComEd in connection with allegations in a derivative action arising from an alleged bribery scheme orchestrated through Exelon’s subsidiary, ComEd.

Dispute resolution > Securities litigation: defense Tier 4

McDermott Will & Emery LLP has an ‘outstanding securities litigation defense team, both in SEC regulatory and civil litigation matters’. The firm is best known for its work in class action matters in the key fora of New York, Delaware, Massachusetts, California, Illinois and Washington DC. Its client base spans a range of industries including energy, venture capital, investment banking, entertainment and accounting. Timothy Hoeffner in New York and Steven Scholes in Chicago are the lead partners. Scholes and ‘outstanding defense attorney’ Paul Helms, in Washington DC, are acting for seven former officers and directors of PG&E in a high-profile breach of fiduciary duty action originally filed as several shareholder derivative actions arising from the 2017 and 2018 wildfires in Northern California. Hoeffner achieved the dismissal of claims against accounting firm BDO in In re AmTrust Financial Services Inc., Securities Litigation. Seth Friedman is also recommended for defending accounting firms. New York’s Joel Haims  joined the team from Morrison Foerster in June 2022.

Practice head(s):

Other key lawyers:

Testimonials

‘Outstanding securities litigation defense team, both in SEC regulatory and civil litigation matters.’

‘Two standout partners are Steve Scholes who heads the practice (and who I have known and worked with several decades) and Paul Helms who has developed into an outstanding defense attorney.’

Key clients

Seven former Officers and Directors of PG&E Corp. and Pacific Gas and Electric Co.: Kevin Dasso, Anthony Earley, Jr., Patrick Hogan, Christopher Johns, Gregg Lemler, Steve Malnight, and Geisha Williams

Eight current and former Officers and Directors of PG&E Corp.: Anthony Earley, Jr., Patrick Hogan, Christopher Johns, Julie Kane, Dinyar Mistry, Nickolas Stavropoulos, David Thomason, and Geisha Williams

Robert Reffner (Former Chief Legal Officer of FirstEnergy Corp.)

Andrew Hall

Premier, Inc.

Baxter International Inc.

Healthcare Trust of America, Inc. (“HTA”)

Land O’Frost (“LOF”) CEO and Board Chairman, David Van Eekeren (“Van Eekeren”)

BDO USA, LLP

Sage Associates, Sage Realty, Malcom Sage, Martin Sage, Ann Sage Passer

Schneider Electric

Work highlights

  • Representing seven former officers and directors of Pacific Gas & Electric (PG&E) in a high-profile breach of fiduciary duty action originally filed as several shareholder derivative actions. The claims subsequently were assigned to a trust (the “Fire Victim Trust”) established in connection with PG&E’s bankruptcy, for the benefit of the victims of the 2017 and 2018 wildfires in Northern California. | |We also represent eight current and former officers and directors of PG&E Corp. in a class action with estimated damages exceeding $18 billion. The action was filed on behalf of a putative class of PG&E Corp. shareholders against PG&E, our clients, certain former outside directors, and underwriters, for alleged misrepresentations and omissions to shareholders and bondholders concerning various issues relating to the 2017 and 2018 wildfires in Northern California.
  • Representing Robert Reffner, the former Chief Legal Officer of FirstEnergy Corp., one of the nation’s largest investor-owned electric systems, in three derivative actions: one pending in Ohio state court, one pending in the Northern District of Ohio, and one pending in the Southern District of Ohio. | |We also represent Robert Reffner in a federal class action arising out of the same alleged scheme to bribe the Speaker of the Ohio State House of Representatives for favorable legislation and the Chairman of the Public Utilities Commission for beneficial regulatory action.
  • Representing BDO USA, LLP in a series of matters relating to the failed Platinum family of hedge funds. In re AmTrust Financial Services Inc., Securities Litigation is a securities class action in the Southern District of New York.

Energy > Energy transactions: electric power Tier 4

McDermott Will & Emery LLP finds its strength within the development and financing of renewable energy and infrastructure projects, with a practice in solar and wind energy. The firm handles areas such as biomass and geothermal transactions, alongside having an energy tax practice. Christopher Gladbach is based in Washington DC works on complex equity and debt investments and advises both sellers and buyers in the power sector within M&A. Over in Los Angeles, Lloyd MacNeil is a partner who represents a wide range of clients on renewable energy and emerging energy technologies, advising on energy portfolio services and energy efficiency solutions. Debra Harrison practices in Washington, DC and has extensive experience advising on renewable energy transactions, with a focus on development and financing of solar photovoltaic projects in the United States and Europe.

Practice head(s):

Key clients

Irradiant Partners, LP

Doral Renewables

BQ Energy

Mohegan Renewable Energy (a subsidiary of The Mohegan Tribe of Indians of Connecticut)

Invenergy

Lennar Corporation

Work highlights

  • Counseled Doral Renewables through the project development and tax equity and USD685 million debt financing for the largest solar facility in the United States.
  • Representing Invenergy, a leading global developer and operator of sustainable energy solutions, in respect to the USD429 million construction loan financing of the 259.8MW Sapphire Sky Wind Project.
  • Advised Irradiant Partners, LP, an investment manager focused on liquid credit and renewable private equity and credit, in connection with its USD100 million investments in Bioenergy Development Group Holdco, LLC, an innovator in the renewable energy space.

Energy > Energy transactions: oil and gas Tier 4

McDermott Will & Emery LLP acts for major oil and gas clients on a broad range of corporate transactions, including joint ventures, service contracts and M&A, in addition to asset management matters in the upstream and midstream sectors. The team also advises private equity firms on investments into large-scale energy projects. Team lead Jack Langlois focuses on the investment and financing of energy projects and assets in the upstream, midstream and downstream oil and gas sectors. Langlois operates from the firm’s office in Houston, while New York-based Parker Lee is another key contact in the group.

Practice head(s):

Other key lawyers:

Kevin Brophy; Denmon Sigler; Bronwyn Andreas; Parker Lee; Jibin Luke

Testimonials

‘MWE is the brain trust behind many market shaping energy transactions. They allowed us to create an innovative fee/billing structure that aligned with our success.’

‘Parker Lee has a great network alongside a lot of experience. He is easy to work with and follows through on every promise or task.’

Key clients

EnCap Flatrock Midstream

Kraken Resources LLC

Midcon Holdco Partners LLC [89 Energy]

Monadnock Resources LLC

Ridgemont Equity Partners

Vopak Industrial Infrastructure Americas, LLC

Irving Oil Limited

Oasis Petroleum Inc.

Evolve Transition Infrastructure LP

Kayne Anderson

EIV

Woodland

Work highlights

  • Represented Oasis Petroleum Inc., an independent exploration and petroleum company, in its purchase and sale agreement under which Oasis will acquire select Williston Basin assets from Diamondback Energy.
  • Represented TreadStone Energy Partners II, LLC, a portfolio company of Kayne Anderson Capital Advisors, LP, in its disposition of substantially all of its upstream oil and gas assets located in Burleson, Milam and Robertson counties, Texas, to LRR Pecos Valley, LLC, a portfolio company of Lime Rock Resources.
  • Represented Kraken Oil & Gas III LLC in its sale of assets to Whiting Oil and Gas Corporation. These assets included 8,752 net acres with net daily production of approximately 4,200 barrels of oil equivalent per day (BOE/d) (80% oil); 5 gross/ 2.3 net drilled and uncompleted wells; and 61 gross / 39.5 net undrilled locations (100% operated) located in Mountrail County, North Dakota.

Finance > Capital markets: equity offerings Tier 4

McDermott Will & Emery LLP has made a significant impact on the market, landing a number of clients and major engagements in company IPOs, SPAC IPOs and de-SPACs. It represented Travis Boersma, the Founder of Dutch Bros. Coffee, in the company’s $500m IPO. New York partner Ari Edelman is a key figure for SPAC IPOs and de-SPAC transactions. Washington DC’s Thomas Conaghan co-heads the capital markets group and has an established record in equity offerings. Anand Saha joined the New York office from Clifford Chance in 2022.

Practice head(s):

Eric Orsic; Thomas Conaghan 

Other key lawyers:

Ari Edelman; Anand Saha; Robert Cohen; Richard Bass; Brandon Sloane

Testimonials

‘Very strong, experienced team, who helped navigate a difficult environment.’

‘I would recommend Robert Cohen, Richard Bass, and great associate Brandon Sloane.’

Key clients

Travis Boersma

Vesey Street Capital Partners

AirSculpt Technologies, Inc

AdTheorent Holdings, Inc

Indaptus Therapeutics, Inc.

SaverOne 2014 Ltd.

INX Limited

Globis Acquisition Corp.

Athena Technology Acquisition Corp II

CHW Acquisition Corporation

Zura Bio Limited

Pasithea Therapeutics Corporation

EF Hutton

Work highlights

  • Represented Travis Boersma, the Founder of Dutch Bros. Coffee, in the company’s $500m IPO.
  • Represented Athena Technology Acquisition Corp II, a newly incorporated blank check company, in its $250m IPO.
  • Represented Vesey Street Capital Partners and AirSculpt Technologies in connection with AirSculpt’s $90m IPO.

Finance > Structured finance: derivatives and structured products Tier 4

Collectively led by David Taub and John Lutz,  the team at McDermott Will & Emery LLP is well-versed in exchange-traded and over-the-counter derivatives, with demonstrable experience advising on the derivatives aspects of municipal insolvencies, as well as weather derivatives. The practice is also well-placed to leverage its regulatory and tax expertise to advise on matters concerning tax hedging, trading policies and risk management procedures. Taub acts for financial institutions and other market participants on a range of derivatives transactions, including repos, swaps and forward delivery agreements, while Lutz and Kramer advise on the tax aspects of derivatives and structured products. Both Taub and Lutz operate from the firm’s office in New York, while Kramer is based in Chicago.

Practice head(s):

Key clients

Barclays

Citibank

Bank of America/Merrill Lynch

Nomura

Sumitomo Mitsui Banking Corporation

Intellectual property > Patents: litigation (full coverage) Tier 4

The intellectual property team at McDermott Will & Emery LLP conducts complex IP litigation nationally and internationally, often securing victories in federal district and appellate courts, as well as appearing before the Patent Trial and Appeal Board. The group particularly excels in the healthcare, pharma and life sciences area, acting for the likes of Alnylam Pharmaceuticals, Amgen, Aurinia Pharmaceuticals, United Therapeutics, and Mylan Pharmaceuticals. Operating out of Silicon Valley, William (Bill) Gaede is the global head of the intellectual property practice group, with experience litigating life science technologies including antibodies, proteins, small molecules, and diagnostics. Douglas Carsten co-heads the team, leading the life sciences practice group out of Orange County.

Key clients

Amgen Inc.

Viatris Inc. (formerly Mylan Pharmaceuticals Inc.)

United Therapeutics Corporation

QuidelOrtho Corporation

Aurinia Pharmaceuticals

Alnylam Pharmaceuticals

Natera Inc.

Geron

The Coca-Cola Company

DataCore Software Corporation

Novartis Pharmaceuticals Corporation

Bausch Health Ireland Ltd

Salix Pharmaceuticals Ltd

Solta Medical, Inc.

Traeger Pellet Grills LLC

Feit Electric Company, Inc.

Alnylam Pharmaceuticals

CRISPR Therapeutics

NationsBenefits

Blackboard Inc.

Next Caller Inc.

Dell Inc.

Haliburton Co.

Work highlights

  • Representing Amgen in its long-fought battle with Sanofi and Regeneron Pharmaceuticals over the new generation of “blockbuster” drugs proven to lower “bad” cholesterol (LDL).
  • Representing Viatris Inc. (formerly Mylan) on related appeals affirming several PTAB decisions invalidating five different Sanofi patents asserted to cover Sanofi’s Lantus SoloSTAR insulin glargine product.
  • Representing United Therapeutics in its patent infringement suit against Liquidia Technologies, a late-stage clinical biopharmaceutical company.

Labor and employment > Labor and employment disputes (including collective actions) Tier 4

The team at McDermott Will & Emery LLP focuses on employment litigation and compliance, with the firm offering clients advice on wage and hour cases, both class and single-plaintiff actions, executive compensation disputes, and discrimination work. Michael Sheehan leads the team from Chicago and has a specialty in trade secrets. Julie McConnell continues to develop her partner-level practice. Ellen Bronchetti and Ron Holland left the firm in October 2022.

Practice head(s):

Other key lawyers:

Russell Hayman; Ethan Townsend; AJ Kritikos; Timothy Hoeffner; Michelle Strowhiro; Chris Braham; Christopher Foster; Maria Rodriguez; Rachel Cowen

Testimonials

‘The team they have assembled in my matters included those who specialize in the local courts or the specific areas of substantive expertise needed in every specific case.’

‘Russ Hayman has a white-collar background but he is a fierce cross examiner in any case. He takes preparation seriously, and it shows. Mike Sheehan has an easy, unflappable demeanor, but he is whip smart and brilliant in the courtroom. Ethan Townsend is a fantastic Delaware lawyer, who you want to have next to you in the courtroom there. AJ Kritikos is a brilliant young lawyer with a promising future. Tim Hoeffner knows the accounting industry as well as anyone, and I trust his advice implicitly.’

‘The employment law team is amazing, diverse, capable and collaborative. I trust them implicitly. Smart, practical, advice.’

‘The team is practical, accessible, responsive and great scholars. They’ve learned our business and provide advice proactively. Michelle Strowhiro, Chris Braham, Chris Foster, Maria Rodriguez and Rachel Cowen.’

‘McDermott’s employment litigation practice is excellent. They are among the firms we consider when we think of staffing the most significant employment litigation matters. They are aggressive and creative in looking at the larger strategic considerations. And they are sensitive to cost issues.’

‘Rachel Cowan is an exceptional employment litigator, committed and responsive, expert and creative strategically. She is one of the most thoughtful, analytical litigators in the field.’

‘Extremely pragmatic, practical and easy to follow advice. Provides the right level of commercial / market gut check, legal acumen and market intel / data.’

‘Chris Foster was a phenomenal partner guiding us through some very stressful times at the company. He was able to build a rapport with not just me and the legal team but also the c-suite as the circumstances necessitated. Wonderful partner and no one else I’d rather work with during terse union campaigns!’

Key clients

Apple

Aspen Dental

BDO

Circle K

CityMD (Summit Health)

HBO

Netflix

SeaWorld

Verizon

Walt Disney

Work highlights

  • Representing Circle K in a case concerning allegations that the company’s stores have breached the Americans with Disabilities Act.

Finance > Commercial lending Tier 5

McDermott Will & Emery LLP remains a trusted advisor for venture capital funds, investment companies, financial institutions and private equity firms, characterized by its ability to tackle middle market transactions surrounding acquisition financing, asset-based lending, convertible debt facilities and mezzanine lending matters. The leadership team features Michael Boykins and Stephanie McCann in Chicago as well as Los Angeles-based Gary Rosenbaum, a seasoned practitioner noted for his broad focus on finance transactions. With an emphasis on the healthcare sector, the group recently represented Cedars-Sinai Health System on the issuing of both a tax-exempt bond and a taxable bond.

Key clients

American Builders & Contractors Supply Co.

H.I.G. Capital

Whitehorse Capital Management

Waypoint Capital

Hidden Harbor Capital Partners

Cedars-Sinai Health System

MidCap Financial Trust

Oxford Finance

Comvest Partners

Alter Domus

Amulet Capital Partners

The Sterling Group

Gemspring Capital Management

Linden Structured Capital Fund

TriplePoint Venture Growth BDC Corp.

True West Capital Partners

TriplePoint Capital

Ridgemont Equity Partners

A.M. Castle & Co.

NationsBenefits Holdings

American Builders & Contractors Supply Co.

H.I.G. Capital

Whitehorse Capital Management

Waypoint Capital

Hidden Harbor Capital Partners

Cedars-Sinai Health System

MidCap Financial Trust

Oxford Finance

Comvest Partners

Alter Domus (US) LLC Amulet Capital Partners

The Sterling Group

Gemspring Capital Management

Linden Structured Capital Fund

TriplePoint Venture Growth BDC Corp.

True West Capital Partners

TriplePoint Capital

Ridgemont Equity Partners

A.M. Castle & Co.

NationsBenefits Holdings

Work highlights

  • Represented American Builders & Contractors Supply in connection with the structuring, negotiation, documentation and execution of an amendment and restatement of a $1.5bn senior secured asset-based credit facility with Bank of America.
  • Represented H.I.G. Middle Market in its acquisition of Terra Millennium Corporation.
  • Represented H.I.G. Capital in its acquisition of Barton & Associates.

Finance > Restructuring (including bankruptcy): corporate Tier 5

McDermott Will & Emery LLP stands out for its expertise in the healthcare and life sciences sectors as well as for advising private equity firms on distressed transactions, also acting debtors, sponsors, lenders, purchasers, and creditors in a variety of industries. With experience representing a broad range of clients in relation to Chapter 11 proceedings, out-of-court negotiations, workouts, and distressed acquisitions, Chicago-based Felicia Perlman heads the practice, with Darren Azman and Joe Evans in New York, alongside Chuck Gibbs in Dallas, and Daniel Simon in Atlanta, also key names in the team. Bradley Giordano has healthcare and energy sector expertise and notably led the practice’s representation of the official committee of unsecured creditors of clinical-stage biopharmaceutical company PhaseBio Pharmaceuticals Inc. in connection with its Chapter 11 filing.

Practice head(s):

Testimonials

‘Broad healthcare expertise across the firm provides the restructuring group with a significant edge on more specialized healthcare restructurings and competitors struggle to match MWE’s wherewithal in the sector.’ 

‘Bradley Giordano is very commercial, solutions oriented and provides exceptional client service’

‘Efficient and responsive, as well as being top notch subject matter experts. They make it easy to be a client in these difficult situations.’

Key clients

Quorum Health Corporation

Nordic Aviation Capital (certain subsidiaries)

Official Committee of Unsecured Creditors of Voyager Digital Holdings Inc.

Cred Inc. Liquidation Trust

Official Committee of Unsecured Creditors in CBL & Associates Properties, Inc.

Wilmington Trust, N.A.

Denton County Electric Cooperative, Inc.

City of Rock Hill, S.C.

Volunteer Energy Services, Inc.

Official Committee of Unsecured Creditors of Entrust Energy

Centric Brands, Inc. Claims Oversight Administrator

Intelsat S.A.

Wilmington Trust

PhaseBio

Compute North

Gulf Coast

Work highlights

  • Represented Quorum Health Corporation, one of the largest rural hospitals systems in the United States, as debtors’ counsel in its pre-packaged chapter 11 bankruptcy cases.
  • Represented the Official Committee of Unsecured Creditors of PhaseBio Pharmaceuticals Inc. in PhaseBio’s Chapter 11 case filed in the United Stated Bankruptcy Court for the District of Delaware.
  • Representing the Official Committee of Unsecured Creditors of Voyager Digital Holdings Inc.

M&A/corporate and commercial > Private equity buyouts: large deals ($500m+) Tier 5

Leveraging a deep bench of private equity specialists across New York, Boston, California, Washington DC, and other business hubs, the team at McDermott Will & Emery LLP continues to establish its reputation for guiding clients through a variety of complex acquisitions, dispositions, and leveraged recapitalizations. Key clients include a number of significant funds including H.I.G. Capital, AUA, and Convest Partners. In Miami, Harris Siskind has specialist knowledge of the securities and manufacturing sectors, while private equity co-chair Frank Steinherr is renowned for his skill handling complex leveraged buyouts. Also heading the PE practice from Chicago is Gregory Metz, who has broad industry experience encompassing distribution, manufacturing, and retail. New York-based Frederic Levenson is a go-to lawyer for take-privates and carve-outs, while Kristian Werling and Brooks Gruemmer handle a diverse range of acquisitions and investments from Chicago. In Boston, Kevin Sullivan joined from Weil, Gotshal & Manges LLP in January 2023.

Other key lawyers:

Testimonials

‘The MWE team is a deep bench strength but also with a strong lead and active engagement from the partners, who are knowledgeable and practical.’

‘All of their partners have provide standout practical and commercial advice on transactions. They fully integrate into the in-house team and drive and lead transactions forward.’

Key clients

CenterGate Capital LP

General Atlantic

Viking Global Investors

Concord USA, a portfolio company of H.I.G. Capital

Milestone Technologies, Inc., a California-based portfolio company of H.I.G. Capital

Nautic Partners, LLC

H.I.G. Capital, LLC and its affiliate H.I.G. Empire, LLC

Gemspring Capital Management, LLC

Verily Life Sciences (an Alphabet company)

Ampersand Capital Partners

Comvest Partners

AUA Private Equity Partners and its portfolio companies

Revelstoke Capital Management LLC

Rainier Partners

Industrial Opportunity Partners, LLC

Belden Inc.

Deerfield Management

Lindsay Goldberg

Work highlights

  • Assisted CenterGate Capital LP, an Austin-based private equity firm focused on lower middle market investments, in its acquisition of Envelope Freedom Holdings, LLC, and its acquisition of Prisma Graphic, LLC.
  • Represented General Atlantic in the US$ 600 million investment in Ultima Genomics, a California-based biotechnology company.

Real estate Tier 5

Following the major expansion of its Los Angeles and Chicago offices in the last few years, McDermott Will & Emery LLP‘s New York office continues the trend and has welcomed the arrival of partners Megan Vallerie from Seyfarth Shaw LLP, Marshall Brozost and Alykhan Shivji from Orrick, Herrington & Sutcliffe LLP, and Billy Hildbold from Morrison Foerster, all joining in May 2022. The firm is well-known for its portfolio and representation of private equity clients, institutional investors and developers in acquisitions and dispositions. Global practice chair Jeffrey Steiner is experienced in restructuring, structuring and managing complex real estate debt and equity investments and investment vehicles in the US and worldwide. Justin Bender in Chicago is another key hire from Kirkland & Ellis LLP. Los Angeles’ Mal Serure is the go-to for REITs and Japanese clients.

Practice head(s):

Testimonials

‘Great team with strong pedigrees and deep experience. A pleasure to work with.’

‘I started working with MWE since Mal Serure joined their real estate/finance team. He is always attentive to clients and very proactive, and provides flexible and practical solutions. His explanation and advice are logical and reasonable but very easy to understand for non-US lawyers and clients as well.’

‘Their strength comes from the fact that Mal Serure joined the team. He and his team are able to cover both real estate transactions and real estate finance.’

Key clients

Ladder Capital Finance

Silverstein Capital Partners

RFR Holding LLC

Natixis, New York Branch

Natixis Real Estate Capital

Arbor Realty Trust

S3 Capital (affiliate of Spruce Capital Partners)

Work highlights

  • Represented Ladder Capital in connection with amendments to appx. $1.5 billion of liquidity facilities to accommodate transitions from LIBOR to market-driven alternative rate environments.
  • Represented Silverstein Capital Partners in the origination of a $600 million mortgage and mezzanine loan financing package to Wildflower Development and Meadow Partner.
  • Represented RFR Holding LLC in the aggregate $49 million acquisitions of the Yves Hotel located at 146 Biscayne Boulevard, Miami, Florida from affiliates of Host Hotels & Resorts.

Investment fund formation and management > Private equity funds (including venture capital) Tier 6

The team at McDermott Will & Emery LLP was twice strengthened in 2022, first with the hire of Prem Amarnani from Skadden, Arps, Slate, Meagher & Flom LLP and then Luc Jansen from Kirkland & Ellis LLP in May 2022. They join a practice spearheaded by Ian Schwartz, who receives client praise for his ‘sophistication when dealing and negotiating with LPs from different jurisdictions‘. The group acts for an array of institutional, boutique and first-time sponsors, with a substantial mid-market client base that David Nestler has been instrumental in growing. ‘Excellent advisorErica Moscarello is across fund formation and operation, as well as regulatory matters.

Practice head(s):

Testimonials

‘The McDermott funds formation team is by far the best I have worked with in the space. They are extremely knowledgeable of all the latest fund structures, types of funds, market terms and investor feedback on specific business terms. The McDermott team is very commercial and always quick to respond to our needs and deadlines. In addition, they are terrific in negotiating side letters with the most sophisticated LP’s across the world.’

‘Ian Schwartz leads this team at McDermott and always knows exactly what’s happening in our fund raising process at any time. He manages the team very well and efficiently and I can get him on the phone in a moment’s notice. His level of sophistication when dealing and negotiating with LP’s from different jurisdictions is quite impressive.’

‘We receive high level attention. As an emerging PE firm, we have appreciated the time and attention at the partner level.’

‘Erica Moscarello has been an excellent advisor. She has delivered high quality fund formation documents.’

‘The team is technically strong and very responsive. I would note particular expertise in complex structures.’

‘Ian Schwartz is a seasoned fund formation specialist with deep knowledge in complex structures and a creative approach.’

‘They’re ability to understand issues based on their level of experience. The suggestions received have always saved my company time and money in the long run.’

‘David Nestler has steered us in the right direction every single time we’ve worked with him. He has the ability to make very complex matters understandable. Where most attorneys may want to explain simple things for hours over the phone to clients, David is receptive and is able to distill down the most important pieces of a deal. His years of experience and his generally positive demeanor make him one of the only lawyers we seek out for fund matters.’

Key clients

H.I.G. Capital (including affiliates H.I.G. Realty and H.I.G. WhiteHorse)

Boyne Capital

Martis Capital

Lorient Capital

iCapital Network

Great Point Partners

WestCap Management

L2 Capital

Speyside Equity Advisors

S3 Capital

Multicoin Capital

Twin Bridge Capital

Work highlights

  • Represented H.I.G. Capital as investment counsel in the formation of and fundraising for H.I.G. Realty Partners IV, a real estate fund that closed with aggregate capital commitments of $838m.
  • Acted for H.I.G. Capital in the formation of and fundraising for H.I.G. Europe Middle Market LBO Fund, a middle market private equity/LBO fund that closed on capital commitments of €2bn.
  • Represented Multicoin Capital in the formation of Venture Fund III, which closed with capital commitments of $430m.

Media, technology and telecoms > Technology transactions

Investment fund formation and management > Alternative/hedge funds

McDermott Will & Emery LLP often acts as counsel to a variety of fund managers on ongoing issues, fund raises and launches.

Finance > Fintech

McDermott Will & Emery LLP is a strong choice for cryptocurrency and blockchain matters, with Alexandra Scheibe  leading the team out of New York and fellow partner Joe Evans considered a ‘go-to advisor for all things crypto‘.

Government > Government contracts

McDermott Will & Emery LLP is rapidly growing a strong presence in the government contracts space, with the arrival of practice heads Daniel Graham from Vinson & Elkins LLP and Tara Ward from Wiley Rein LLP in January 2022 and April 2022, respectively. Both lawyers are based in Washington DC.  

Latin America: International firms > City focus - Miami

McDermott Will & Emery LLP’s Miami office has a strong cohort of international tax lawyers that have extensive experience in cross-border transactions with Latin America. The team is best known for inbound investments into the US from the region – particularly from Brazil. Many of these transactions involve south Florida, with real estate investments a particularly active segment. Co-head of the Latin America practice and leading the tax group in Miami, Michael Silva‘s practice demonstrates a strong emphasis on international tax, US investment structures, fund formation and advice to Latin American family offices. Steven Hadjilogiou and Arianne Plasencia provide additional international tax expertise.

Key clients

Nautic Partners

Delta Electronics, Inc

Sterling Capital Partners

Work highlights

  • Represented Sterling Capital Partners on its sale Costa Rican higher-education entities Universidad Latina de Costa Rica (ULatina) and Universidad Americana, Costa Rica (UAM), to Universidad de las Americas, a private, non-profit higher education institution in Quito, Ecuador.
  • Advised a wealthy Chilean family on tax planning and the restructuring of their investments in the US in a tax efficient manner, involving extensive analysis of US M&A rules in order to optimise the structure and ensure compliance with US witholding tax regulations.
  • Advised various Mexican high-net-worth families on tax-efficient investments and asset protection.

Latin America: International firms > Corporate and M&A

McDermott Will & Emery LLP is noted for tax-driven M&A matters and fund formation operations. The practice has particular profile for cross-border real estate transactions, including inbound and outbound deals. It is also recognised for representing Latin American high-net-worth individuals and family offices (especially those based in Mexico and Brazil), along with prominent multinationals and financial sponsors. Michael Silva is an experienced tax specialist with an exceptional record in inbound and outbound Brazil and Mexico transactions. Arianne Plasencia is a private client specialist, who represents a number of wealthy families in Latin America in connection with their investments in the US. Senior figure Howard Kleinman has joined the New York office as co-head of the Latin America group. Dallas partner Manuel Rajunov is an authority on international tax driven transactions, particularly related to Mexico. Named individuals are based in Miami unless stated otherwise.

The firm: McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices, industries and more than 20 locations to deliver highly effective—and often unexpected—solutions that propel success. More than 1,400+ lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.

Main areas of practice
Antitrust and competition: As clients around the world experience increasing antitrust activity, cross-jurisdictional government investigations and private litigation, we meet these multifaceted challenges head-on. Our lawyers are deeply familiar with all major US and international regulatory frameworks and dispute-resolution forums. Providing effective, coordinated counsel on US antitrust law, EC competition law, China’s anti-monopoly law and other competition regimes worldwide, our lawyers help clients eliminate roadblocks and achieve business goals.

Corporate and transactions: Our seasoned lawyers represent the full spectrum of corporate interests around the world, from global corporations to family-owned businesses to privately held companies. Our lawyers thrive on solving the most complex business problems facing their clients today and mapping out strategies to drive clients’ success tomorrow. Our broad capabilities include seamless transactional services, such as negotiating cross-border acquisitions or outsourcing deals, representing issuers in public offerings, securing preferred financial credit arrangements for borrowers or navigating a business restructuring.

Employment: We pair deep resources with broad geographic coverage, to meet the rapidly evolving needs of employers in virtually every sector, including manufacturing, financial services, health care, education and construction. Our lawyers help clients attract and retain workers at every level, enter and exit markets as business conditions warrant, develop and implement effective employment policies, identify and protect trade secrets and other confidential information, and negotiate and enforce employment contracts.

Global privacy and cybersecurity: Our lawyers advise clients on the statutory, regulatory and enforcement regimes that govern the collection, use and disclosure of data in the United States, Europe, Asia and elsewhere. With extensive experience advising on the full range of data privacy and protection laws, industry standards and issues, our lawyers regularly counsel clients on US and international data-use issues and conduct in-depth privacy/cybersecurity risk assessments, often in the context of mergers, acquisitions and other domestic and cross border transactions.

Employee benefits and executive compensation: Our lawyers help clients maximise the value of and return on their investments in human capital while avoiding exposure to liability. The team provides strategic day-to-day counsel on matters such as executive compensation, health/welfare plan compliance, qualified retirement plans, privacy and data protection, executive employment and severance, cultural diversity, full compliance with relevant laws, including ERISA legislation, among other general employee-relations matters.

Healthcare and life sciences: Our team provides unparalleled legal acumen rooted in decades of experience and forward growth powered by unconventional thinking. With a deep bench that includes lawyers at the cutting edge of digital health, the firm partners with clients on the full range of health-care-related issues, including physician practice management, health care litigation and the evolving regulatory landscape — both in the United States and internationally. As a top-ranked law firm for health and a leader in life sciences, we help clients navigate the issues that matter when it comes to achieving missions and solidifying positions in the market.

Intellectual property: Our top-notch team of IP lawyers, partners with clients to identify and secure their creative assets, maximize the value of their IP portfolios, and enforce or defend their rights in courts and tribunals virtually everywhere their products are made, distributed and sold. Whether you’re building the next iconic brand, protecting game-changing new technology or creating new revenue streams from your established IP assets, our team can help you achieve your business goals at every stage of the IP lifecycle. We are business savvy, technically skilled and steeped in high-stakes experience. We speak fluent CFO, CSO, CPO, CMO and Tax—skills honed over decades and maintained by understanding and embracing diverse perspectives. We are fearless and relentless advocates for your business, always pursuing a return on your IP investments. Our lawyers prioritize our partnership with you and believe service is a 24×7 proposition. We help our clients respond quickly and offer actionable solutions designed to mitigate risk and capitalize on opportunity.

Litigation and dispute resolution: Our litigation and dispute resolution lawyers are always ready to roll up their sleeves and deliver the sound, practical legal strategies necessary for both short- and long-term success. Based internationally, our nimble and creative lawyers are dedicated to providing passionate client advocacy through superior trial skills and incisive industry knowledge. The synthesis of skill and experience, flexibility and strength — plus track record of success in high-stakes controversies — makes McDermott a go-to firm for large-scale, complex litigation. Our white-collar team has tried hundreds of cases in courts throughout the United States and internationally, and draws on the unmatched insights of its lawyers who previously served as senior federal prosecutors.

Private client and wealth management: From the global to the personal, the firm brings its full-service network to bear in helping closely held business owners and high-net-worth individuals effectively structure their assets, meet their wealth transfer and planning goals, and make their mark philanthropically. As clients make the critical decisions that shape their personal, business, tax, civic and charitable concerns around the world, we will be at their side with creative, customized solutions.

Regulatory: Our lawyers marry legal skill with political savvy to turn regulatory risks into forward-looking business solutions. Based in government and trade capitals around the world, our lawyers support companies traversing the increasingly complex international trade landscape, and tackle rising global antitrust activity in all major US and international forums. Wherever the business reaches, our talented regulatory lawyers can help position the your organization for success.

Tax: Our lawyers advise some of the world’s most successful companies on tax matters, including more than 60 percent of the Fortune 100. With a unique combination of tax practitioners, strategists and creative thinkers who can validate sound strategies and offer innovative solutions it helps clients advance their organization’s growth plan — with senior partners involved at every step — 365 days a year with a 360-degree view of the evolving tax landscape.

Photo Name Position Profile
Timothy Alvino  photo Timothy Alvino Timothy (Tim) Alvino serves as lead counsel for US and non-US clients…
Prem Amarnani photo Mr Prem Amarnani Prem Amarnani focuses his practice on corporate and transactional matters with respect…
Darren Azman photo Darren Azman Darren Azman is a member of the firm-wide Management Committee and a…
Ted Becker photo Ted Becker Ted Becker is Co-Chair of McDermott’s ERISA Litigation Team and a Fellow…
Evan Belosa photo Evan Belosa Evan A. Belosa is an experienced negotiator and counselor, focusing his practice…
Justin Bender photo Justin Bender Justin Bender focuses his practice on complex real estate transactions, including acquisitions,…
David Broderick photo Mr David Broderick David Broderick’s practice focuses on complex real estate transactions, including debt and…
Michael Byrne photo Mr Michael Byrne Partner Michael (Mike) Byrne has extensive experience in complex insurance transactional, regulatory…
John Calandra photo John Calandra John J. Calandra represents clients in complex commercial litigation and formerly headed…
Joan-Elisse Carpentier  photo Joan-Elisse Carpentier Joan-Elisse Carpentier provides legal representation in all areas of immigration and nationality…
Nicole Castle photo Ms Nicole Castle Nicole L. Castle provides legal counsel on complex civil and criminal antitrust…
Thomas Dawson photo Mr Thomas Dawson Partner Thomas M. Dawson represents US and non-US insurers on regulatory, licensing…
Ari Edelman photo Ari Edelman Ari is a global transactions partner in McDermott’s capital markets group. Ari…
Joe Evans photo Joe Evans Joseph (Joe) B. Evans is the co-head of the FinTech & Blockchain Practice and…
Todd Finger  photo Todd Finger Todd Finger represents clients in the full range of corporate transactions and…
Seth Friedman photo Seth Friedman Seth L. Friedman focuses his practice on the representation of US and…
Joel Haims photo Joel Haims Joel C. Haims focuses his practice on securities litigation, including class actions,…
Michael Halsband photo Mr Michael Halsband Partner Michael R. Halsband has more than 25 years of leadership experience…
Billy Hildbold photo Billy Hildbold William (Billy) M. Hildbold focuses his practice on complex commercial real estate…
Timothy Hoeffner photo Timothy Hoeffner Timothy E. Hoeffner is a co-head of the Firm’s accounting defense, securities…
Luc Jansen photo Luc Jansen Luc Jansen represents US and non-US sponsors in the formation of private…
Howard Kleinman photo Mr Howard Kleinman Howard Kleinman, partner and co-head of the Latin America practice, focuses his…
Andrew Kratenstein photo Mr Andrew Kratenstein Andrew B. Kratenstein provides legal counsel on complex commercial litigation, focusing on…
Malati Lal photo Malati Lal
Jack Langlois photo Jack Langlois Jack Langlois is the office managing partner for Houston. Jack focuses his…
Kathryn Linsky photo Kathryn Linsky Kathryn Linsky, CIPP/US, is an experienced privacy, data protection and cybersecurity lawyer…
John Lutz photo John Lutz Partner John T. Lutz advises clients on the tax aspects of investment…
Erica Moscarello photo Erica Moscarello Erica Moscarello focuses her practice on the formation and operation of domestic…
David Nestler photo David Nestler David Nestler is a member of the Firm’s Investment Funds Group. He…
James Pardo photo Mr James Pardo Partner James (Jim) Pardo has more than twenty years of trial and litigation…
Keith Pattiz photo Mr Keith Pattiz Keith M. Pattiz has extensive experience in the areas of commercial leasing,…
James Salerno photo James Salerno Jim Salerno focuses his practice in all stages of development for constructing…
Alexandra Scheibe photo Ms Alexandra Scheibe Alexandra C. Scheibe is head of the Firm’s FinTech and Blockchain Practice.…
Ian Schwartz photo Ian Schwartz Ian M. Schwartz focuses on the formation and operation of private equity…
Mal Serure photo Mal Serure Mal Serure is the co-head of the US real estate practice and…
Jeffrey Steiner photo Mr Jeffrey Steiner Jeffrey Steiner brings more than 30 years of experience to all areas…
Frank Steinherr photo Mr Frank Steinherr Frank Steinherr is a global co-head of the Firm’s Private Equity Practice…
David Taub photo Mr David Taub David L. Taub focuses his practice in the field of municipal derivatives,…
Megan Vallerie photo Megan Vallerie Megan Vallerie advises clients on a broad range of complex real estate…
Scott Weinberg photo Scott Weinberg Scott A. Weinberg has extensive experience in all areas of real estate…
Number of Partners : 593
Number of Other Fee-Earners : 625
Chairman : Ira Coleman
Other Offices : Atlanta
Other Offices : Boston
Other offices : Brussels
Other offices : Dallas
Other Offices : Düsseldorf/Cologne
Other Offices : Frankfurt
Other Offices : Houston
Other offices : London
Other offices : Los Angeles
Other offices : Miami
Other Offices : Milan
Other offices : Munich
Other Offices : Paris
Other offices : New York
Other offices : Orange County
Other offices : San Francisco
Other offices : Silicon Valley
Other offices : Washington DC
Other offices : Wilmington