Firm Profile > Orrick, Herrington & Sutcliffe LLP > San Francisco, United States

Orrick, Herrington & Sutcliffe LLP
THE ORRICK BUILDING
405 HOWARD STREET
SAN FRANCISCO, CA 94105-2669
United States

Cyber law (including data privacy and data protection) Tier 1

The team at Orrick, Herrington & Sutcliffe LLP recently welcomed the arrivals of Shannon Yavorsky from Venable LLPKeily Blair and James Lloyd from PricewaterhouseCoopers LLP. Strengthening an already impressive offering, these hires add to the group's expertise in CCPA, GDPR and the domestic/global parameters of regulatory enforcement. Regular work flows for the team include advising clients on optimal responses to cyberattacks and increasingly on developing areas such as biometrics. In this regard, the team secured a motion to dismiss a class action regarding Acuant's purported violations of BIPA. Led by Douglas Meal and Heather Egan Sussman, the practice also includes Aravind Swaminathan, Michelle Visser, Seth Harrington, Antony Kim and Emily Tabatabai. Also of note, the firm recently introduced a proprietary cloud-based utility customized to meet global privacy needs as well as assist with the monetization and exploitation of data sets.

Practice head(s):

Doug Meal; Heather Egan Sussman

Other key lawyers:

Shannon Yavorsky; Keily Blair; James Lloyd; Aravind Swaminathan; Michelle Visser; Seth Harrington; Antony Kim; Emily Tabatabai

Key clients

Arby’s Restaurant Group

Blackboard

Hilton Worldwide

Microsoft Corporation

NerdWallet, Inc.

Robinhood Markets, Inc.

Sony

The TJX Companies

Twitter

Zynga

Energy: renewable/alternative power Tier 1

Led from San Francisco by Les Sherman and also receiving robust support from the firm's energy and project finance-focused Houston hub, as well as regulatory, environmental and disputes lawyers throughout its national network of offices, Orrick, Herrington & Sutcliffe LLP is well placed to advise a range of stakeholders throughout the life cycle of solar, wind, hydro, geothermal and battery storage projects. The firm has developed deeply entrenched relationships with many developers/sponsors, including the renewable arms of major energy utilities, among which EDF Renewables and E.ON Renewables are the most prominent. Consequently, it picks up a tremendous volume of work as these energy behemoths invest and dispose of a myriad of renewables projects throughout the country, often in the context of large portfolio transactions. Recent highlights included the representation of Acciona Energy in its acquisition of a 3GW utility-scale portfolio of greenfield solar projects and a 1GW battery storage development portfolio from Tenaska. Although his project development and financing expertise in the energy sector covers a mix of renewables assets, Eric Stephens has gained most acclaim for his work within the solar space, particular as it relates to distributed projects, an area that he has been at the forefront since the inception of the technology over a decade ago. Mark Weitzel is particularly noted for his tax equity financing expertise in the solar and wind space. All practitioners named are based in the firm's San Francisco office.

Practice head(s):

Les Sherman

Other key lawyers:

Blake Winburne; Mark Weitzel; Eric Stephens; Brad Gathright; Dahl Thompson; John Donaleski; Kristin Seeger

Key clients

Recurrent Energy

Sempra Renewables

Macquarie Capital (USA), Inc.

Pattern Energy

EDF Renewables, Inc.

Energy Investors Funds / Ares Capital Corporation

RWE/E.On Renewables

Direct Energy

ENGIE North America

Orsted (formerly Lincoln Clean Energy)

sPower

Calpine Corporation

BP Wind Energy North America

Solar Frontier

Eurus Energy

Clearway Energy, Inc.

Intersect Power

ConEdison Development

Broad Reach Power

Algonquin Power

Native American law Tier 1

Orrick, Herrington & Sutcliffe LLP's leading practice is noted for its handling of high-value financing mandates for Native American tribes and businesses. Based in Portland and led by Townsend Hyatt, the practice is skilled in a variety of financing work including public debt finance, as well as lending for domestic banks and borrowing for Indian nations. In San Francisco, banking partner David Lin is the key contact for casino projects, casino development, and gaming matters; and Zachary Finley is also routinely involved in large financing transactions. The group also handles inter-tribal loans work. Los Angeles-based Ramon Galvan focuses on casino construction projects for Native American tribes as well as tribal financing matters for tribal clients across the West Coast.

Practice head(s):

Townsend Hyatt

Other key lawyers:

David Lin; Zachary Finley; Ramon Galvan

Key clients

Pascua Yaqui Tribe

Reno-Sparks Indian Colony

Spokane Tribe of Indians

Saginaw Chippewa Tribe of Michigan

CIT Bank

Barclays Capital Inc.

Estom Yumeka Maidu Tribe of Enterprise Rancheria

Poarch Creek Band of Indians / PCI Gaming Authority

Seneca Nation of Indians / Seneca Gaming Corporation

Confederated Tribes of the Warm Springs Reservation of Oregon

Pueblo of Pojoaque/Buffalo Thunder Development Authority

Kalispel Tribe of Indians

Viejas Band of Kumeyaay Indians

Jena Choctaw Band of Indians

Wells Fargo Bank, N.A.

PNC Bank

KeyBank, N.A.

KeyBanc Capital Markets

Western Alliance Bank

Umpqua Bank

Columbia Bank

Patents: licensing Tier 1

Orrick, Herrington & Sutcliffe LLP underwent a number of recent changes with the arrival of Sarah Schaedler from Kirkland & Ellis LLP in October 2020 in the San Francisco office; this followed the arrivals of patent, IT and data expert Colleen McDuffie from Arnold & Porter in Washington DC, and that of life sciences and biotechnology specialist Shana Solomon, formerly in-house at Velocity Sciences, in Boston, both in September 2020. Following the departure of former co-head of the global technology transactions practice Glynna Christian to Holland & Knight LLP in January 2021, the Menlo Park-based Daniel Yost now co-heads the practice with new arrival Schaedler. With its combination of strength in market-leading technology transactions, often acting for technology giants, in licensing-related patent disputes, and its outstanding track record in the venture and growth capital space, the firm remains among the finest licensing addresses in the market.

Practice head(s):

Daniel Yost

Other key lawyers:

Sarah Schaedler; Clement Roberts; Steven Routh; Sten Jensen; Jennifer Morrill

Testimonials

‘The team has deep knowledge of issues related to specific technology agreements and is able to drive results even with difficult counterparties.’

‘William Wilson has deep knowledge of the issues, both legal and technical and is able to clearly advise and support both the legal and business teams. He has a relaxed and collaborative negotiation style that promotes resolution of issues, which is a very helpful skill when dealing with a difficult counterparty.’

‘If you want to work with experts in the tech world, you want to work with Orrick. They have actually done the deals that other firms read about. They not only anticipate problems, but help solve them. They deliver.’

‘Aravind Swaminathan offers solid judgement and unique insights. Tireless worker.’

Key clients

OpenTV

Product liability, mass tort and class action - defense: toxic tort Tier 1

Orrick, Herrington & Sutcliffe LLP continues to be engaged in matters at the forefront of cutting-edge issues, such as its defense of Marathon Oil in unprecedented climate change claims. With its strong appellate practice and emphasis on innovation, the firm offers clients a team of diverse expertise and skillsets, notwithstanding the recent moves of attorneys Morton Dubin, Kristen Fournier and John Ewald to King & Spalding LLP in February 2020. The team has gained a new first chair trial lawyer with Christina Maccio from DLA Piper LLP (US), while Gregory Beaman, Jennifer Lee and Marc Shapiro were promoted to partners in February 2020. Peter Bicks in New York is active for some of the firms biggest clients and a name to note. Elyse Echtman in New York, who has 25 years of product liability experience and Darren Teshima in San Francisco, who specializes in the technology and finance sectors, lead the practice.

Practice head(s):

Elyse Echtman; Darren Teshima

Other key lawyers:

James Stengel; Lisa Simpson; Peter Bicks; Will Stute

Key clients

China National Building Material Company (CNBM)

Johnson & Johnson

Marathon Oil

Microsoft

National Collegiate Athletic Association (NCAA)

Renco

Solvay

Union Carbide Corporation

Restructuring (including bankruptcy): municipal Tier 1

The restructuring team at Orrick, Herrington & Sutcliffe LLP works extremely closely with the firm's stellar public finance practice, and has thus been able to distinguish itself as a leader in the field of public finance restructuring. Contacts in the New York office include Raniero D’Aversa, who chairs the practice group, and experienced practitioner Lorraine McGowen, who has played a key role in several matters concerning Puerto Rico’s debt restructuring. Thomas Laryea in Washington DC stands out for his expertise in sovereign debt restructuring, while San Francisco-based senior counsel Marc Levinson is widely recognized as a go-to name for Chapter 9 work, having acted as the lead insolvency lawyer in the City of Stockton case. In November 2020, Douglas Mintz left the firm for Schulte Roth & Zabel LLP.

Practice head(s):

Raniero D’Aversa

Other key lawyers:

Marc Levinson; Lorraine McGowen; Thomas Laryea

Testimonials

‘I worked closely with Thomas Laryea in several high profile sovereign restructurings. Thomas provided invaluable advice on the IMF policies, individual personalities and missions which helped us to understand the sovereign’s priorities with the IMF. This will then frame our negotiations with the sovereign. Overall, Thomas is highly respected in the sovereign restructuring space.’

Key clients

PG&E Equity Holders

COFINA Senior Bondholder Coalition

EDF Renewables

City of Stockton, CA

City of Beaumont, CA

Structured finance: securitization Tier 1

Based in New York, the team at Orrick, Herrington & Sutcliffe LLP has a stand-out issuer- and underwriter-side CMBS and RMBS practice, and is also recognized for its record in CLO work. In addition to more traditional areas, including MBS and credit card securitizations, the team also has capabilities in esoteric asset classes, including whole-business securitizations and music royalty-related transactions; Leah Sanzari  is a key figure in this space. William Cullen  and Janet Barbiere  are names to note for CMBS work; Howard Goldwasser  takes the lead in CLOs; and Alan Knoll , who heads up the wider structured finance group, is the name for credit and charge card, consumer and auto loan securitizations.

Practice head(s):

Alan Knoll

Other key lawyers:

William Cullen; Janet Barbiere; Leah Sanzari; Howard Goldwasser; Robert Moyle

Testimonials

Leah Sanzari has done a great job of pulling together a team of professionals with expertise in a variety of asset classes. She has represented us well on Private ABS transactions and helped us establish standards for a long-term investor in an ABS transaction. She is business-oriented and does a good job of framing issues so that we can craft solutions that are a win-win for both sides.’

Leah Sanzari does a great job leading the team, Thomas Mitchell is an excellent and knowledgeable bankruptcy partner, and Jonathan Ayre provides the needed expertise in the energy, oil and gas space.’

Key clients

Bank of America

Citigroup

Sallie Mae

Invictus Capital Partners

Morgan Stanley & Co.

PACE Deals (Greenworks Lending, Twain Financial Partners and PACE Loan Group)

Barclays

Cantor Commercial Real Estate (CCRE)

Capital One

Ally Financial

American Express

Harley Marine Services (dba Centerline Logistics Corporation)

Ditech Holding Corporation; Ditech Financial LLC

Copyright Tier 2

The copyright team at Orrick, Herrington & Sutcliffe LLP has expertise across the full range of high-stakes IP matters, with particular experience in copyright litigation and appeals before the Supreme Court and Federal Circuit Court of Appeals. The team's copyright advisors and litigators are local in several key cities across the US to provide comprehensive service to clients such as major media corporations, newspaper publishers, and record companies. Based in San Francisco, lead director Annette Hurst is highly regarded for her work in copyright litigation, while in Silicon Valley Jared Bobrow co-chairs the IP business unit and is a well-known IP litigator. A name to note in Washington DC is Sten Jensen, who focuses on IP issues in the tech sector and is noted for his experience litigating in the Delaware courts.

Practice head(s):

Annette Hurst; Sten Jensen; Jared Bobrow

Testimonials

‘Annette Hurst is an excellent trial lawyer at the courts and also an excellent team leader of the joint defense group.’

Key clients

Oracle America Inc.

Sports Fans Coalition NY, Inc. & David Goodfriend (aka Locast)

DENSO International America, Inc.

Williams-Sonoma Inc.

Synopsys, Inc.

Joyfun Inc. Co., Ltd. (Sina Corp.)

Cox Communications

Maplebear Inc. d/b/a Instacart

E-discovery Tier 2

Orrick, Herrington & Sutcliffe LLP’s ‘top-notch’ team ‘blends deep subject matter expertise with practical day-to-day advice’. The practice group is deeply experienced in the establishment and enhancement of e-discovery programs, and acts as e-discovery liaison in large resource-heavy cases, including MDL. Washington DC-based practice head Wendy Butler Curtis counts Fortune 100 companies and major financial institutions among her clients, advising on the deployment of policy, process and technology to reduce e-discovery cost and risk. Based in Wheeling, West Virginia, Kelly Cullen is director of the firm’s global operations and innovation center and is experienced in complex litigation and transactional matters.

Practice head(s):

Wendy Butler Curtis

Other key lawyers:

Kelly Cullen; Jeffrey McKenna; Jeremiah Weasenforth

Testimonials

‘Orrick’s e-discovery practice is top-notch’. 

‘Their team is fully knowledgeable of the latest in the changes law and how to work with companies to stay in compliance’.

‘Wendy Curtis is one of the best e-discovery lawyers in the country’.

‘The Orrick team blends deep subject matter expertise with practical day-to-day advice’.

‘Above all else, they are invariably good, collaborative and team-oriented people’.

Energy transactions: conventional power Tier 2

Led from Houston by Blake Winburne and Dahl Thompson  and also able to draw upon the expertise of energy-focused M&A and financing practitioners based out of New York, as well as regulatory experts from Washington DC, Orrick, Herrington & Sutcliffe LLP's energy and infrastructure practice has the critical mass and subject matter expertise to be able to advise stakeholders on the development, financing, sale and purchase of assets in the electricity space, irrespective of geographical location. As well as benefiting from strong ties with numerous IPPs and international energy companies, the firm also regularly advises funds, including Ares Management and Infrastructure Investment Fund, on single-asset and multi-asset portfolio acquisitions and disposals. As part of his extensive transactional energy practice, Winburne has been involved in many conventional energy project development and M&A transactions, including his recent representation of Southwest Generation on the $680m acquisition and financing of the Mankato Energy Center, a 720MW natural gas-fired power plant located in Minnesota. New York-based partner John Donaleski  is well-versed across a range of debt financing techniques throughout the capital structure and his arrival in October 2019 from White & Case LLP consequently enhances the firm's credentials on the lender and borrower side for private equity M&A transactions in the sector. Although it is less active across "pure" conventional power mandates, the firm's San Francisco office has considerable expertise in the renewables space and has recently handled a substantial amount of battery storage-related work.

Practice head(s):

Blake Winburne; Dahl Thompson

Other key lawyers:

Brad Gathright; John Donaleski

Key clients

Southwest Generation

Wellhead Electric

Ares Management

Infrastructure Investment Fund

Macquarie

Fintech Tier 2

Orrick, Herrington & Sutcliffe LLP has an extremely strong reputation for representing emerging and established fintech service providers. Clients benefit from a multi-faceted transactional, IP and corporate practice, as well as expertise in increasingly critical areas such as regulatory, litigation, and public policy. The team is jointly led by cybersecurity and data privacy partner Barrie VanBrackle in Washington DC, and financial services specialist Howard Altarescu in New York. John Bautista in Silicon Valley is a key contact on the start-up and venture capital front, while capital markets partner Robert Moyle in New York is also very active in this area. Clients include major payment processors, corporate venture arms, and online lenders and trading platforms. Christopher Austin joined Paul Hastings LLP in March 2020, and Glynna Christian joined Holland & Knight LLP in February 2021.

Practice head(s):

Howard Altarescu; Barrie VanBrackle

Other key lawyers:

John Bautista; Robert Moyle

Key clients

Stripe

PayPal

Robinhood

LendingClub

Revolut

Chime Financial

The Elastos Foundation

Shopify

Poynt Corporation

Upstart

Valor Equity Partners

DivvyPay

Sagent Lending Technologies

Green Dot Corporation

SoFi

Hedera Hashgraph

General commercial disputes Tier 2

Based in New York, Orrick, Herrington & Sutcliffe LLP's 'brilliant' team is particularly strong in financial services, technology and consumer products disputes. Over the review period, Elyse Echtman successfully defended Johnson & Johnson in multiple high-stakes cases regarding claims that its talcum powder contains cancerous asbestos. Another contact in the product liability space is Peter Bicks, a popular choice for major corporates embroiled in high-profile, nationwide class actions. Richard Jacobsen is a contact for financial services disputes; he continues to represent clients including Credit Suisse and Goldman Sachs in business critical disputes.

Practice head(s):

Elyse Echtman

Other key lawyers:

Peter Bicks; Richard Jacobsen

Testimonials

‘Elyse Echtman is a terrific lead partner. She strives to understand the her clients’ objectives and factor them into the overall case strategy. She is also great in terms of brainstorming with clients to ensure the most effective and business friendly outcome is achieved.’

‘The team I worked with are very professional, reliable and possess in- depth legal expertise.’

Key clients

Codefied

Credit Suisse

DISH Network

ExamWorks

Fisker

Goldman Sachs

Indiegogo

Johnson & Johnson

Marathon Oil

NCAA

Netflix

Ocwen Loan Servicing

Oracle

The Regents of The University of California

Labor and employment disputes (including collective actions): defense Tier 2

Orrick, Herrington & Sutcliffe LLP's team impresses with its 'depth of knowledge', which ranges from handling pay discrimination and sexual harassment cases to independent contractor and termination matters. Its client portfolio includes prominent names from industries encompassing the financial and professional services, TMT, consumer products and non-profit sectors. Lynne Hermle in Silicon Valley has longstanding experience in the field and is engaged by high-profile clients including Twitter and Morgan Stanley. Practice head Julie Totten divides her time between San Francisco and Sacramento, and New York-based Mike Delikat is also well versed in whistleblower claims and internal investigations. Jill Rosenberg and Lisa Lupion as well as Renee Phillips and senior associate Mark Thompson are further key contacts in New York. Jessica Perry in Silicon Valley handles wage and hour class actions.

Practice head(s):

Julie Totten

Other key lawyers:

Mike Delikat; Lynne Hermle; Jessica Perry; Jill Rosenberg; Renee Phillips; Lisa Lupion; Andrew Livingston; Mark Thompson; Julia Riechert

Testimonials

‘There’s a depth of knowledge top to bottom – all partners, counsel and associates seem to understand the most technical aspects of the law. Their sub-practices within labor and employment law are quite helpful as in house counsel. You know they have experts in certain areas to assist with your most difficult business issues.’

Key clients

Microsoft

Twitter

Netflix

Oracle

AT&T

The Regents of the University of California

Sephora

Morgan Stanley

Williams-Sonoma

Genentech

PIMCO

Spotify

Citigroup

Applied Materials

Hofstra University

The Related Companies

JP Morgan

Nomura

Capital Dynamics

Eastdil Secured

Ernst & Young

Cerence

M&A: middle-market ($500m-999m) Tier 2

Orrick, Herrington & Sutcliffe LLP leverages its position in Silicon Valley to act as legal advisor to technology companies that are involved in various types of transactions. Featured in the team's recent caseload are SPAC transactions, including some billion-dollar highlight cases for Fisker, Momentis and Luminar Technologies, along with sell-side transactions involving serial acquirers such as Amazon, Dell, DropBox, Facebook, Google and others. Led by highly recognized Matthew Gemello, who often acts on buy-side M&A, the team is also noted for its experience handling transactions in the energy and pharmaceutical sectors.

Practice head(s):

Matthew Gemello

Key clients

Luminar Technologies

SOC Telemed

Momentus

Clover Health

Fisker

Macquarie Infrastructure Partners

Veolia

Aptean

AppSheet

Intersect Power

Securities litigation: defense Tier 2

Orrick, Herrington & Sutcliffe LLP fields a deep bench of experienced practitioners who are 'candid and timely with advice'. Its presence across the country sees it engaged by financial institutions and corporate issuers in key industry sectors, including technology and life sciences. Robert Stern in Washington DC chairs the 'pragmatic, commercial and available' white-collar, investigations, securities litigation and compliance practice group. Working with Richard Morvillo, he settled a case for TD Ameritrade concerning trading losses in highly leveraged derivatives positions. James Kramer heads the securities litigation group in San Francisco. He and emerging talent Alex Talarides are currently acting for Apple in a class action arising from the company's announcement in 2019 that it was lowering its Q1 revenue guidance. Also in San Francisco, Kenneth Herzinger won a precedent-setting case for The Elastos Foundation, while in Los Angeles, Michael Tu is handling a major class action for cloud-based analytics firm Gridsum Holding. Walter Brown joined the San Francisco office Paul, Weiss, Rifkind, Wharton & Garrison LLP in early 2021.

Practice head(s):

James Kramer

Other key lawyers:

Robert Stern; Richard Morvillo; Alex Talarides; Kenneth Herzinger; Michael Tu

Testimonials

‘A strong team with depth that is candid and timely with advice. Acknowledges when further expertise is warranted and brings the right resources into the team in a seamless integration.’

‘Rob Stern is an excellent attorney and strategist as well as a superb client attorney. He is a guy you want in your corner.’

‘Pragmatic, commercial and available.’

Key clients

Apple

PayPal Holdings, Inc.

RBC Capital Markets

Nordstrom, Inc.

Johnson & Johnson

The Elastos Foundation

Baidu, Inc.

Gridsum Holding, Inc.

Sinatra, Kimmarie

David Britt – KPMG

Helius Medical Technologies

Ernst & Young Global Limited (In the Matter of Luckin Coffee)

TD Ameritrade

Trade secrets (litigation and non-contentious matters) Tier 2

The multidisciplinary Orrick, Herrington & Sutcliffe LLP trade secrets practice provides experience in non-competes, restrictive covenants and white-collar crime, as well as advising in the areas of technology, biotech and software. Key names in the team are Michael Weil and Catherine Lui, who work from the firm’s San Francisco office, and New York-based James McQuade.

Trademarks: litigation Tier 2

With offices in California, Washington DC, Boston, and New York, the team at Orrick, Herrington & Sutcliffe LLP has a solid coast-to-coast platform for representing both new and established brands in high-profile trademark litigation. It is frequently involved in prominent International Trade Commission trademark investigations and is highly experienced in trade dress matters for clients in the footwear, consumer goods, and automotive industries. A key contact in the team is Peter Vogl in New York, a veteran first chair litigator with extensive experience in state and federal courts. Silicon Valley-based Jared Bobrow co-chairs the IP business unit alongside Sten Jensen, who is located in Washington DC.

Practice head(s):

Jared Bobrow; Sten Jensen

Other key lawyers:

Peter Vogl

Testimonials

‘The Orrick team has a very unique group in the trademarks litigation practice area, with a combination of practical business experience and high stakes litigation chops that I have not seen elsewhere. I and my company have followed this team to multiple firms over the years, because they are that good.’

‘Orrick has all the bandwidth capabilities and upsides of being a large, multi-office firm combined with intelligent, deep-thinking lawyers at any regional powerhouse.’

Key clients

BIC Inc.

New Balance Athletics

Kars 4 Kids, Inc.

CoorsTek Bioceramics, LLC

Emerson Radio Corp

Williams-Sonoma, Inc.

Mahindra & Mahindra

Sanei International Co. Ltd.

Julia O. Faigel, DMD, P.C. / Dr. Dental Management

Opendoor Mortgage LLC

Zhejiang Rongpeng Air Tools Co.

Babcock & Brown Aircraft Management LP

Nreal Technology Limited

Venture capital and emerging companies Tier 2

Orrick, Herrington & Sutcliffe LLP is one of the most active firms in the market, with an especially strong reputation for company side work in the technology sector. The firm has an especially strong presence in California, but is also building up on the East Coast: in New York, Peter Fusco is known for his advice to funds and tech companies, while the firm's Boston office was recently boosted by the arrival of partners Albert Vanderlaan and Gregg Griner from Gunderson Dettmer LLPStephen Venuto and Amanda Galton jointly lead the team, with key input from technology head Annette Hurst, John Bautista, Silicon Valley's Ellen Ehrenpreis and Santa Monica-based Josh Pollick. All partners are based in San Francisco unless otherwise stated.

Practice head(s):

Stephen Venuto; Amanda Galton; Annette Hurst

Other key lawyers:

Peter Fusco; Albert Vanderlaan; Gregg Griner; John Bautista; Ellen Ehrenpreis; Josh Pollick

Key clients

Dataiku

Stripe

Asana, Inc.

Convoy

Perfect Day

Teachable

JAND, Inc. d/b/a Warby Parker

Frontier Car Group

K12 Inc.

Getaround, Inc.

Coatue Management

Goodwater Capital

Clumio

Twist Bioscience

Care/Of

Go1.com

Juxtapose Ventures

AppSheet

Employee benefits, executive compensation and retirement plans: transactional Tier 3

Sectors of focus for Orrick, Herrington & Sutcliffe LLP's employee benefits and executive compensation practice include online payments, medtech, software, retail, technology and financial services. Most recently, the team, which includes practice head Juliano Banuelos, Jason Flaherty and senior associate J.T. Ho, has been advising a solid client roster of public companies on high-value M&A transactions, spin-offs, proxy disclosure issues and deferred compensation negotiations. Named lawyers are based in the San Francisco office.

Practice head(s):

Juliano Banuelos

Other key lawyers:

Jason Flaherty; J.T. Ho

Testimonials

Juliano Banuelos is incredibly smart and detail oriented‘.

Key clients

Cisco Systems

Keysight Technologies

Alcon, Inc.

The Gap, Inc.

Oracle Corporation

Williams-Sonoma

TheStreet, Inc.

Marcus & Millichap

Barclays

The Regents of the University of California

Juniper

Varian Medical Systems

Green Dot

Viavi

Shopify Inc.

Stripe

Veolia

Beyond Meat

Energy transactions: oil and gas Tier 3

Since establishing its energy-focused Houston office in 2016, Orrick, Herrington & Sutcliffe LLP has increased its visibility in the market, acting on behalf of an eclectic mix of stakeholders, including integrated and independent oil companies, petrochemicals companies, funds and financial institutions, across a versatile mix of transactions throughout the value chain. While Houston is now the engine room of the practice, the firm's multi-disciplinary approach and frequent partnering with corporate and finance lawyers throughout the firm's national network of offices enables it to comfortably handle complex transactions. For example, in a deal led out of Houston by Jonathan Ayre and aided by New York-based structured finance partner Leah Sanzari, the team advised the note purchasers on all aspects of first-of-a-kind innovative securitizations of operated oil and gas wellbore working interests owned by Diversified Gas & Oil. Houston-based energy and infrastructure head Blake Winburne regularly advises private equity funds and global corporates on high-value transactions involving midstream transportation infrastructure, exploration and production assets, storage and terminal facilities, and petrochemical and refining plants.

Practice head(s):

Blake Winburne; Dahl Thompson

Other key lawyers:

Joe Roger; Jonathan Ayre; Brad Gathright; Adam Kowis

Key clients

Equinor (formerly Statoil)

Total

ConocoPhillips

Chevron

Munich Re Risk Reserve Financing, Inc.

Nuveen, investment manager of Teachers Insurance and Annuity Association of America

Wells Fargo Bank, N.A.

NOVA Chemicals

Ares EIF

ArcLight Capital Partners, LLC

Ocean Rig UDW, Inc.

Schlumberger

WGL Midstream

Cabot Oil & Gas Corp

Vega Energy

Insurance: advice to policyholders Tier 3

Orrick, Herrington & Sutcliffe LLP primarily represents clients in the technology and finance industries, with extensive experience in advising clients on a range of insurance coverage matters including RMBS monoline litigation and cost of insurance (COI) litigation. The firm has been highly active in COI litigation, and a prominent figure in this area is Khai LeQuang in Orange County who represents major investor groups in pending lawsuits relating to increases in COI rates. Co-heading the practice are Barry Levin, based in New York and San Francisco, and Darren Teshima in San Francisco.

Practice head(s):

Barry Levin; Darren Teshima

Other key lawyers:

Khai LeQuang

Testimonials

‘All team members have deep product knowledge which enables them to identify and work efficiently on relevant discovery findings. Knowledge transfer within the team and transition of work runs perfectly smooth.’

‘Khai LeQuang is an exceptional litigation lawyer. He has also full command over various complex Litigation matters (can respond to any question relating to the Litigation at any time!), coordinates his team perfectly and has a deep industry knowledge (in the field of insurance products). It is a delight to work with him on litigation cases.’

‘Orrick’s insurance coverage guidance is an indispensable part of our toolkit. Darren’s work has helped the company tremendously in matters involving coverage disputes with the company’s insurers, filing claims against policies held by business partners, and resolving litigation involving our insurance carriers.’

‘Darren Teshima – expert in all things related to insurance coverage. Highly responsive with significant experience. Rebecca Harlow is very knowledgable about our business, and does a lot of the heavy lifting.’

‘I appreciate the team’s deep knowledge and expertise in the insurance space, and practical advice for the business. I also appreciate the lean staffing and quick response times.’

‘I have worked with Darren Teshima for more than a year now. He is attentive, proactive, and gives good, practical advice.’

 

Key clients

Chime Financial, Inc.

Credit Suisse

EFG Bank

Erste Abwicklungsanstalt

Fortress Investment Group

Getaround

Premera

Patents: litigation (full coverage) Tier 3

Orrick, Herrington & Sutcliffe LLP distinguishes itself through its very successful PTAB practice as one of the most efficient firms acting for patent challengers, its combination of a high-profile federal court and ITC practice and its sector focus on the semiconductor, networks, software and consumer electronics sectors. Under the lead of practice heads Sten Jensen in Washington DC and Jared Bobrow in Silicon Valley, the group continues to secure significant wins in the country's most important venues. In February 2020, Jason Yu, a patent and trade secret litigator and IPR expert, and Robert Uriarte, who specialises in technology litigation relating to software and security matters and is a member of the firm's cyber, privacy and data innovation practice, made partner in the Silicon Valley office.

Practice head(s):

Sten Jensen; Jared Bobrow

Other key lawyers:

Bas de Blank; Clement Roberts; Alyssa Caridis; Steven Routh; Joseph Calvaruso; Vann Pearce; Jason Yu; Robert Uriarte

Testimonials

‘The practice combines technical and patent expertise, and real litigation savvy. In interviewing a variety of firms, Orrick rose to the top for their ability to take a case to trial. They also have a strong international presence that has been helpful to my team. The lawyers are very communicative and receptive to collaboration on strategy, document drafting, etc.’

‘Steve Routh has stood out for his litigation chops. We have valued his clear communication and willingness to collaborate. Chris Higgin’s technical expertise and attention to detail have been invaluable. Diana Fassbender’s help and efficiency, especially with discovery, have been very valuable.’

Key clients

Donghee America (Textron)

Robert Bosch GmbH, Robert Bosch LLC, Bosch Automotive Products (Suzhou) Co., Ltd., Robert Bosch, Sistemas Automatrices, S.A. de C.V., Robert Bosch Ltda.

Fitbit, Inc.

Check Point Technologies

Micron Technology, Inc.

Sonos, Inc.

Netflix, Inc.

FUJIFILM Corporation

Microsoft Corporation

Panasonic Corp.

Canon Inc.

L’Oréal

Shopify, Inc.

Stripe, Inc.

Patents: litigation (International Trade Commission) Tier 3

Orrick, Herrington & Sutcliffe LLP stands out as one of the most versatile practices in the market. In addition to its busy patent caseload, the team also regularly acts in trademark and other non-patent related ITC investigations. With its track record of high-stakes competitor patent disputes, especially in the technology and electronics sectors, and innovative approach to collecting and presenting evidence within the ruleset governing ITC procedures, the group steadily grows its ITC renown. Sten Jensen in Washington DC and Jared Bobrow are the heads of the firm's IP business unit that also includes a powerful federal court and PTAB litigation team. Washington DC's Jordan Coyle and Steven Routh, Clement Seth Roberts in San Francisco and Robert Benson, who splits his time between the Orange County and Taipei offices, are also among the key ITC practitioners.

Practice head(s):

Sten Jensen; Jared Bobrow

Other key lawyers:

Jordan Coyle; Steven Routh; Robert Benson; Clement Seth Roberts

Testimonials

‘Very knowledgeable and experienced team that is well versed in the nuances of ITC procedures and precedent. Can effectively and efficiently guide a client from the initial complaint filing to implementation of requested relief.’

‘Jordan Coyle consistently displays a firm grasp of overarching case themes as well as details necessary to support preferred positions. You can trust he will be ‘in the weeds’ and able to spot untenable positions taken by the opposition.’

Key clients

Robert Bosch GmbH

Foxconn Interconnect Technology, Ltd.

BIC Corporation

Sonos, Inc.

Mahindra & Mahindra Ltd.

New Balance Athletics Inc.

RealTek Semiconductor Corp.

Panasonic Corp.

MediaTek Inc.

Vivo Mobile Communication Co., Ltd

Real estate Tier 3

An excellent real estate transaction team’, Orrick, Herrington & Sutcliffe LLP’s real estate department is chaired by the ‘exceptional and detail-orientedGerard Walsh, who is experienced in the full array of matters, including finance, with asset class expertise that spans master planned communities, mixed-use, hotel, resort, retail, corporate campus and commercial projects. Based alongside him in Los Angeles is Randolph Perry, a lawyer who is ‘effective in negotiations’ and specializes in distressed assets and hospitality-related transactions. The team also includes San Francisco-based Michael Liever and Marshall Brozost in New York; both of whom are investment specialists, and act for the team’s roster of institutional, private equity and overseas investors, funds and lenders in portfolio transactions, joint ventures, leasing and development projects.

Practice head(s):

Gerard Walsh

Other key lawyers:

Randolph Perry; Michael Liever; Marshall Brozost; Nicole Walsh

Testimonials

‘Orrick has an excellent real estate transactions team. They provide exceptional service and support. Gerard Walsh and Randolph Perry are extremely intergrated practically operate as extensions of our in-house legal team.’

‘Orrick’s team works very collaboratively.’

‘Gerard Walsh is an exceptional lawyer with many years of experience.  Jerry is very detail-oriented and takes a practical approach to solving complex problems. Randolph Perry is an excellent lawyer; he has a smooth, easy going personality that is very effective in negotiations.’

‘The team is second to none in terms of my 15 years plus in real estate. They have a deep bench in terms of coverage and their client interaction was thoughtful, comprehensive, and most importantly, immediate.’

‘Their collaboration and deep bench created a seamless transaction from my fund’s perspective.’

‘I worked primarily with Nicole Walsh who I have nothing but positive things to say regarding my experience. My interactions with Marshall Brozost were similarly positive. His humility in tandem with his calming yet commanding style enabled every interaction with a sometimes combative seller counsel to have a positive result.’

Key clients

Westbrook Partners

Hackman Capital Partners

Walton Street Capital

Calmwater Capital

BlueMountain

Colony Capital

BentallGreenOak

Fortress Investment Group

Swift Realty Partners

Stockbridge Capital Group

Bristol Group

DWS / RREEF Management LLC

GLL Real Estate/Macquarie

Gerding Edlen/Green Cities Partners

MacFarlane Partners

State Street Global Advisors

Arel Capital

Ramsbury

Hines

Monte Rosa Land Company

Gerson Bakar & Associates

Zynga

Napier Park Global Capital

Lift Partners

Structured finance: derivatives and structured products Tier 3

At Orrick, Herrington & Sutcliffe LLP, derivatives lawyers have a strong focus on the energy and infrastructure sectors, in line with the core strengths of the wider firm. In this regard, the group regularly advises financial institutions and end-users on return swaps and fixed-income matters. The firm also stands out for its emphasis on innovation, with clients able to utilize the specialist Orrick Analytics group to assist with the remediation and amendment of derivatives documentation. Nikiforos Mathews is global co-head of the derivatives group, advising on the structuring and negotiation of derivative products; while Alan Knoll chairs the wider structured finance group. Al Sawyers, who co-heads the global finance business unit, also has expertise in derivative securities and structured financial products. All named lawyers are based in New York.

Practice head(s):

Nikiforos Mathews; Alan Knoll

Other key lawyers:

Al Sawyers; William Cullen; Janet Barbiere; Leah Sanzari; Howard Goldwasser

Key clients

Bank of America

Citigroup

Sallie Mae

Invictus Capital Partners

Morgan Stanley & Co.

PACE Deals (Greenworks Lending, Twain Financial Partners and PACE Loan Group)

Barclays

Cantor Commercial Real Estate (CCRE)

Capital One

Ally Financial

American Express

Harley Marine Services (dba Centerline Logistics Corporation)

Ditech Holding Corporation; Ditech Financial LLC

Technology transactions Tier 3

Orrick, Herrington & Sutcliffe LLP is rated by clients for its 'highly-specialized industry expertise' and 'excellent partners' who are 'very business and ops-focused'. The full-service practice group handles a range of matters for technology and life sciences clients at every stage of the value chain. Former co-head Glynna Christian departed for Holland & Knight LLP, but this was offset by several strong recruits, including corporate partner Sarah Schaedler from Kirkland & Ellis LLP in San Francisco, Colleen McDuffie from Arnold & Porter in Washington DC, and Boston-based IP licensing partner Shana Solomon from an in-house role. Silicon Valley-based Daniel Yost leads the team, which also includes Timothy Greene in Los Angeles. Senior associate Ramin Tohidi in San Francisco is also singled out for praise.

Practice head(s):

Daniel Yost

Other key lawyers:

Sarah Schaedler; Colleen McDuffie; Shana Solomon; Timothy Greene; Ramin Tohidi

Testimonials

‘Excellent partners, very business and ops-focused; highly-specialized industry expertise.’

‘Ramin Tohidi. Best attorney I’ve ever worked with. Good human. Incredibly intelligent, creative, and business-minded. Operates with integrity. Plus, he’s fun.’

‘Clem Roberts -Understands our business and adjusts strategy to fit our maturity, market, risk appetite. He also checks in and cares about how we are doing as a company.’

‘Josh Pollick – The great diplomat and facilitator. Can always depend on him.’

‘Clark McFadden II has the patience, breadth of experience, and ability to mentor a technology start-up in today’s ever incomprehensible federal landscape.’

Key clients

Fisker, Inc.

Trademarks: non-contentious (including prosecution, portfolio management and licensing) Tier 3

Orrick, Herrington & Sutcliffe LLP is noted for its bicostal domestic platform and its strong relationships with IP attorneys in Europe and Asia, enabling the IP team to manage global IP portfolios, file trademarks, and advise on trademark clearance and licensing worldwide. Its clients are generally in the alternative energy, consumer products, biotechnology, food and beverages, and pharmaceuticals sectors. Contacts on the East Coast include Peter Vogl in New York, who primarily works in trademark prosecution in the life sciences and technology sectors, and Washington DC-based Sten Jensen, who serves as co-chair of the firm's wider IP practice and is also experienced with IP in the technology sector. In the San Fransisco office, Beth Goldman is recommended for transactions and related trademark matters, and Betsy Wang Lee was promoted to partner in February 2020.

Practice head(s):

Sten Jensen; Jared Bobrow

Other key lawyers:

Beth Goldman; Peter Vogl; Betsy Wang Lee

Testimonials

‘Kristin and her team are thoughtful, responsive and practical — I very much appreciate their support.’

Key clients

Vera Wang Group

Salesforce.com

Viking River Cruises

Urban Zen by Donna Karan

BIC Corp.

Anika Therapeutics

Beyond Meat

Asana

Alit Wines

Stoller Vineyards

US taxes: non-contentious Tier 3

Orrick, Herrington & Sutcliffe LLP is regularly sought out by leading companies and financial institutions to act as a special tax counsel on highly technical matters pertaining to acquisitions, divestitures, joint ventures and financings. Other key department strengths include UPREITs, tax equity financings for renewable energy projects, and tax-exempt public finance deal structuring. The deep bench of practitioners is co-chaired by New York-based Peter Connors and John Narducci, and San Francisco-based public finance expert Chas Chardall. Other key contacts in the team include Eric Wall and George Wolf in San Francisco.

Practice head(s):

Chas Cardall; Peter Connors; John Narducci

Other key lawyers:

Eric Wall; George Wolf

Testimonials

‘What makes this team unique is its knowledge of the client’s business and ability to provide legal advice that clients can understand and use.’

‘Peter Connors is well-versed in terms of the taxation of financial products and financial institutions.’

Key clients

Cisco Systems

Fisker Inc.

Gallo Winery

Emily T. Andrews 1987 Revocable Trust

Public Energy Authority of Kentucky

OjO Electric, LLC

Black Belt Energy Gas District

Trimble

Bayer

Tennergy Corporation

Excelsior Energy Capital

Credit Suisse

Veolia

Azimut

General Electric

Macquarie Group

Clearway Energy

Calbee

US Wind, Inc.

Arclight Capital Partners, LLC

Advent International

ANI Pharmaceuticals

Shopify Inc.

Bank of America

Energy Infrastructure Fund

Eurus

JPMorgan Chase & Co.

Morgan Stanley

Societe Generale

Paystack

Teachable

Swoop.com Inc.

Jefferies LLC

Ygrene Energy Fund

Open Road Alliance

Rocket Pharmaceuticals, Inc.

WGL Midstream, EIF Vega Midstream, Cabot Oil & Gas Corp and Vega Energy

MP Group LLC

Vostok New Ventures

Aflac

Basin Electric

Toyota Motor Company

8minute

Capital markets: debt offerings Tier 4

Orrick, Herrington & Sutcliffe LLP is gaining ground in the DCM space, both on the underwriter and issuer side; it now represents many of the bulge-bracket investment banks. The group is also building relationships with issuers from multiple industries, thanks to growth of the senior team in recent years, particularly in the life sciences, tech and financial services sectors. Among its recent highlights, the team represented Gap in a $2.25bn offering of senior secured notes. San Francisco partner Brett Cooper had an especially active 2020 with major issuer and underwriter engagements. Christopher Austin left for Paul Hastings LLP in March 2020 and up-and-coming partner Stephen Ashley joined Pillsbury Winthrop Shaw Pittman, LLP in November 2020.

Practice head(s):

William Hughes

Other key lawyers:

Brett Cooper

Key clients

Beyond Meat, Inc.

Asana

Sequans Communications

Juniper Networks

Warburg Pincus

Gap Inc.

Catalyst Biosciences, Inc.

Clover Health

Momentus

Citigroup Global Markets Inc.

J.P. Morgan Securities LLC

RBC Capital Markets, LLC

SOC Telemed

Ally Financial

PagerDuty

Levi Strauss & Co.

VANDA Pharmaceuticals

Fisker

Capital markets: equity offerings Tier 4

Orrick, Herrington & Sutcliffe LLP has maintained its activity in 2020 with a series of SPAC mergers and follow-on offerings. The firm's established presence in Silicon Valley and San Francisco, along with its growing Boston office, makes it especially well suited to technology and life sciences transactions. Strong teams in New York, Santa Monica and elsewhere, enable a rounded offering for both issuers and underwriters. William Hughes leads the team from San Francisco/Silicon Valley. Former department head Christopher Austin has joined Paul Hastings LLP.

Practice head(s):

William Hughes

Other key lawyers:

Peter Lamb; Brett Cooper

Key clients

Beyond Meat, Inc.

Asana

Sequans Communications

Juniper Networks

Warburg Pincus

Gap Inc.

Catalyst Biosciences, Inc.

Clover Health

Momentus

Citigroup Global Markets Inc.

J.P. Morgan Securities LLC

RBC Capital Markets, LLC

SOC Telemed

Ally Financial

PagerDuty

Levi Strauss & Co.

VANDA Pharmaceuticals

Fisker

Cartel Tier 4

Orrick, Herrington & Sutcliffe LLP attracts plaudits for displaying ‘deep expertise in the intersection of technology markets and antitrust’, most notably in matters straddling the line between IP and antitrust law. ‘Brilliant competition law strategist' Jay Jurata heads up the group, which assists clients in investigations into allegations of monopoly, abuse of market dominance, and constraint of distribution channels. Elsewhere, Amy Ray ‘has a gift for translating complicated technology and legal analysis into simple, easy to understand bites’. Jim Tierney is a former chief of the DOJ’s networks and technology enforcement section; he brings to bear 'unmatched credibility’ in investigations work. All named attorneys are in the firm’s Washington office.

Practice head(s):

Jay Jurata

Other key lawyers:

James Tierney; Amy Ray

Testimonials

‘High-quality strategic advice and thinking.’

‘Jay Jurata is very savvy and provides responsive antitrust advice, including on the antitrust/IP interface and standards-essential patents. Strong persuasive skills and good knowledge of US government antitrust players, and the international environment.’

‘What makes Orrick special is its deep expertise in the intersection of technology markets and antitrust. They have partners with more than a decade (or two) focused on antitrust issues in these industries spanning government experience and private practice.’

‘Jay Jurata is a highly creative lawyer and pragmatic problem-solver who works tirelessly for his clients and is always focused on his clients’ goals. His expertise in technology markets is perhaps matched only by his partner, Amy Ray. Amy has a gift for translating complicated technology and legal analysis into simple, easy to understand bites. They are a formidable team. Jim Tierney brings similar expertise and unmatched credibility.’ 

‘The firm has carved out a good niche in being able to represent clients against certain large “big tech” companies. The clients benefit from the position in that the firm has accumulated an in-depth understanding and knowledge of not just the legalities but the facts and insight when in a position adverse to the interests of such “big tech” clients.’ 

‘Aside from items such as being responsive, Jay Jurata and Amy Ray do an excellent job in understanding client objectives, and working with the client to remain cognizant of the client’s specific objectives, whether short-term or long-term.’

‘Jay Jurata in particular is a brilliant competition law strategist. He is also highly accessible to his clients and easy to work with.’

Key clients

Microsoft Corporation

Continental Corporation

Intuit Inc.

Sonos

Axon Enterprise, Inc.

Delta Dental Plan of California

Nanya Technology Corporation

Civil litigation/class actions: defense Tier 4

Orrick, Herrington & Sutcliffe LLP acts for well-known tech clients in disputes that lie at the intersection of antitrust and technology law. Specifically, the team has an excellent reputation for handling no-poaching disputes, standard-essentials patent and price-fixing cases. A ‘brilliant competition law strategist’, Jay Jurata in Washington DC heads up the department. Within the group, San Francisco-based of counsel Howard Ullman is particularly well versed in cases arising from the California insurance sector, where he advises on Sherman Act cases and healthcare antitrust matters. In early 2020, Alex Okuliar left to take up a role at the DOJ.

Practice head(s):

Jay Jurata

Other key lawyers:

Howard Ullman; James Tierney

Testimonials

‘Orrick has assembled a world-class global antitrust team. They operate seamlessly to provide the go-to firm for international competition law analysis and strategy.’

‘Jay Jurata is a brilliant competition law strategist. He is also highly accessible to his clients, and very easy to work with.’

Key clients

Microsoft Corporation

Delta Dental Plan of California

Apple Inc.

Continental Corporation

Nanya Technology Corporation

Netflix

FUJIFILM Corporation

Energy regulation: oil and gas Tier 4

The team at Orrick, Herrington & Sutcliffe LLP has experience in regulatory investigations, regulatory permitting and compliance pertaining to FERC and PHMSA regulations, among others. New York-based Lisa Tonery is the key contact in this space. Of recent note, Tonery handled a number of complex regulatory proceedings relating to the Freeport Liquefaction Project—the first authorized LNG export facility in Texas. Dahl Thompson  acts as the global leader of energy and infrastructure practice. Erik Swenson retired at the beginning of 2020.

Practice head(s):

Dahl Thompson; Lisa Tonery

Other key lawyers:

Erik Swenson

Key clients

Cheniere Energy, Inc.

Midship Pipeline Company, LLC

Energy Investors Funds and Oregon Clean Energy, LLC

Freeport LNG Development, L.P.

Tellurian Inc. (developer of the Driftwood LNG project and Tellurian Pipeline Network)

Chevron

Commonwealth LNG, LLC

Penn America Energy Holdings LLC

Southern Company Gas/Pivotal LNG, Inc.

EcoEléctrica, L.P.

Braskem S.A.

Enstor Gas, LLC

Marathon Oil

Leading trial lawyers Tier 4

Peter Bicks - Orrick, Herrington & Sutcliffe LLP New York-based Peter Bicks is highly regarded for his expertise in product liability trials and large-scale class actions. Bicks recently led the team that acted for KBC Bank in a long-running dispute with diamond company Lazare Kaplan, which concluded in the Second Circuit with the dismissal of all claims against the KBC in the US. Other key clients include Johnson & Johnson, which has retained Bicks to represent it in nationwide product liability suits.

Merger control Tier 4

Orrick, Herrington & Sutcliffe LLP stands out for its regular recruitment by major companies to handle merger control matters, with new cases from Toyota and Fisker in the past year. Additionally the firm handles all antitrust and merger control matters for Microsoft, reflecting its capabilities in big-ticket M&A. The team has a particular expertise in handling SPAC mergers, having advised on three standout SPAC mergers each worth over $1bn during 2020. Jay Jurata heads up the team, and is a trusted antitrust counsel to Microsoft across the full range of antitrust and merger clearance matters. Jim Tierney is a former head of the DOJ’s networks and technology enforcement section and is a prolific adviser to major tech clients including Microsoft and Expanse on completed and proposed M&A deals. Amy Ray led on Fisker’s $2.9bn merger with Spartan Energy, continuing her strong record in antitrust merger advice. Alex Okuliar left for a position at the DOJ. All named lawyers are in Washington DC.

Practice head(s):

Jay Jurata

Other key lawyers:

Jim Tierney; Amy Ray

Key clients

Microsoft Corporation

Fisker, Inc.

Toyota Motor

Clover Health

Expanse Inc.

Teachable Inc.

ANI Pharmaceuticals Inc.

Private equity funds (including venture capital) Tier 4

Orrick, Herrington & Sutcliffe LLP has maintained sponsor and investor-side client relationships despite the universal challenges of 2020, while also picking up some new big-names clients. As well as building stronger relationships with longstanding clients over the last year the practice has developed work representing sponsors in new types of funds. The firm has seen growth in its fund formation practice due to its strength in finance, tech and energy and infrastructure. The practice is an advisor on complex global matters and handles over 100 private investment funds annually. It specializes in deals with complex structures and heavily negotiated issues. The practice is led by global co-heads of private investment funds Quinn Moss (based in New York) and Dolph Hellman (based in San Francisco).

Practice head(s):

Quinn Moss; Dolph Hellman

Testimonials

‘Quinn Moss literally knows everything there is to know and is thinking about all the angles, all the risks. Her level of diligence is un-matched.’

Key clients

Capital Dynamics, Inc.

Cigna Investments, Inc. on behalf of multiple Cigna affiliates (CIGNA)

Grove Street Capital

Employees Retirement System of Texas (Texas ERS)

New York Common Retirement Fund

IMM Private Equity

Oregon Public Employees Retirement Fund (OPERF)

San Francisco City and County Employees’ Retirement System (SFERS)

SQN Capital Management, LLC

Washington State Investment Board

Invictus Global Asset Management

Everstrong Capital

National Community Investment Fund

Igis Asset Management

Endemium Ventures

Q Ventures

Beacon Capital

Longeavity Fund Anarack Capital

Swan Ventures

Mindset Ventures III LP

Kiva Capital

Fifty Years Fund III, LP

Healthcare: life sciences Tier 5

Focusing on the areas of biopharmaceuticals, healthcare technology and medical devices, Orrick, Herrington & Sutcliffe LLP is well known for its track-record as appellate counsel in mass tort and product liability litigation. The practice continues to expand its Boston-based healthcare venture capital and life sciences start-ups practice, bolstered by the recent addition of Albert Vanderlaan and New York-based Stephen Thau, who joined from Gunderson Dettmer LLP and Morrison & Foerster LLP, respectively. In Silicon Valley, Scott Iyama advises on the full life cycle of high-growth life sciences companies, assisted by Peter Lamb and senior associate Vinella Sido.

Practice head(s):

Scott Iyama

Other key lawyers:

Stephen Thau; Albert Vanderlaan; Peter Lamb; Vinella Sido

Key clients

Johnson & Johnson

Gilead Sciences, Inc.

Zimmer Biomet Holdings, Inc.

Alcon Laboratories, Inc.

Twist Biosciences Corporation

Virta Health

DURECT Corporation

Vanda Pharmaceuticals Inc.

Clover Health

Ossium Health

Varian Medical Systems, Inc.

Bayer AG

10x Genomics, Inc.

Genentech, Inc.

Catalyst Biosciences

Cambridge Antibody

Neuspera Medical

Akina Pharmaceuticals

Partner Therapeutics, Inc.

BioGen

SOC Telemed

Restructuring (including bankruptcy): corporate Tier 6

With Raniero D’Aversa at the helm, Orrick, Herrington & Sutcliffe LLP's New York-based team maintains a reputable track record in creditor and investor-side work, and also has a steadily growing debtor-side practice. Of recent note, the group's capabilities in the energy and technology sectors were put on show in its representation of the holders of a significant amount of corporate equity in connection with PG&E’s bankruptcy case, as well as in its involvement in the bankruptcy of Windstream. Cross-border restructuring matters, especially those involving Canada, Europe and Hong Kong, are also an area of strength for the firm; Laura Metzger is one of the main contacts for this type of work. Douglas Mintz left for Schulte Roth & Zabel LLP in November 2020.

Practice head(s):

Raniero D’Aversa

Other key lawyers:

Laura Metzger

Testimonials

‘Unequivocal expertise. Orrick’s staff goes out of their way to make themselves available and to make sure that the advice provided is comprehensive.’

‘Each time I discuss an issue with Raniero D’Aversa, I am both amazed at his ability to understand my concerns and his complete knowledge of the subject. He puts me at ease and there is never a time that I cannot reach him.’

‘The team is well versed in complex international insolvencies and understands the importance of managing relationships and maximizing negotiations. Orrick’s breadth of experience has been invaluable in anticipating key issues and developing proactive strategies.’

‘Raniero D’Aversa is the primary lawyer responsible for the file we are working on. He has a practical and strategic approach.’

Key clients

Barclays Bank

Bank of Nova Scotia

Wells Fargo Bank, N.A.

Credit Suisse

TELUS International (U.S.) Corporation

The Gap, Inc.

EDP Renewables North America

EDF Renewables

Toyota Motor Corporation

Greylock Capital

ECN Financial

VMWare, Inc.

Levi Strauss & Company

Commerzbank

Members of Argentina Creditor Committee

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

The ‘exceptional’ litigators at Orrick, Herrington & Sutcliffe LLP ‘clearly know the ins and outs of patent appellate litigation’; indeed, the practice has excellent depth in IP matters at the Federal Circuit. In one standout highlight of many, a team led by Joshua Rosenkranz, including Brian Goldman and Eric Shumsky (‘clear communicator, collaborator and strategist’), racked up a Federal Circuit victory for Gilead Sciences leading to the invalidation of a $2.54bn verdict, the biggest patent judgment to date. Elsewhere, building upon the firm’s prior success for Synopsys at district court level, a team led by the highly experienced Robert Loeb is acting for the client in an appeal at the Ninth Circuit seeking to establish whether the Department of Labor should comply with a request to disclose federal contractors’ annual employee demographic reports. Further, the group’s appellate attorneys are equally well versed in proceedings before the US Supreme Court; their recent work has been making headlines in light of the country’s growing interest in the regulation of the use of force exercised by police. Of recent note, the team acted for the petitioner in Torres v Madrid, a case in which the Roberts Court considered what constitutes a ‘seizure’ of a suspect under the Fourth Amendment. The department is spearheaded by New York-based Rosenkranz (‘great strategist, writer, and oral advocate’) and ‘excellent leaderMark Davies in Washington DC. Senior associate Jeremy Peterman is also recommended. Former practice co-leader Kelsi Corkran departed to embark on a pro bono senior fellow career in February 2021.

Practice head(s):

Joshua Rosenkranz; Mark Davies

Other key lawyers:

Robert Loeb; Brian Goldman; Eric Shumsky; Jeremy Peterman; Mel Bostwick; Naomi Scotten

Testimonials

‘We engaged the team to assess the viabilities of a potential appeal. I, and others at our company, particularly appreciated how thorough, well-written, thoughtful, clear-eyed, and honest her written work product was.’

‘Good team organization. Maintained focus on key issues. The team worked well together. Excellent client interaction. Frequent and effective client communication. Willing to consider issues raised by others outside of their team.’

‘Josh Rosenkranz is an outstanding appellate lawyer. Excellent on analysis. Maintains focus on critical issues. Very strong on client involvement and interaction. Maintains effective organization of his team within the firm. Excellent writer and oral advocate. Brian Goldman did an outstanding job as Josh.’

‘They are client-focused. Bas de Blank is patient and responsive.’

‘We have worked with several different teams led by Josh Rosenkranz. They are excellent lawyers and writers and clearly know the ins and outs of patent appellate litigation. They are extremely collaborative with trial counsel and in-house counsel. One of our best appellate counsel.’

‘Josh Rosenkranz is the most incisive and creative appellate counsel I have worked with in recent years.’

‘The Orrick team is easy to work with. They are thoughtful, creative, and extremely quick to grasp complicated concepts. They got up to speed very quickly on complex legal and product issues, and were able to provide creative and helpful advice from our first conversation.’

‘The lead attorney, Eric Shumsky, is responsive and gives frequent updates. I also appreciate that he is not afraid to push back on suggestions or ideas that may undermine our position in the case, and advocate for the position he thinks is best for the case and for the company. Finally, he did a stellar job during the oral argument. He was very well-prepared and communicated our key points effectively in a very limited time frame.’

‘Eric Shumsky and his appellate team are top-notch. They are intellectual powerhouses, thinking through all the issues and crystallizing the arguments. Eric is a skilled orator and is quick on his feet to anticipate and respond.’

‘Eric Shumsky is an extremely talented lawyer. He is strong in both brief writing and oral argument. He is a clear communicator, collaborator and strategist with a thorough knowledge of the appellate practice.’

‘The team is exceptional, and Mark Davies is an excellent leader. They provide excellent representation. This is a team as good as any in other firms. Mark Davies and his colleagues leave no stone unturned. They are very strategic.’

‘Embedding Andrew Silverman in the trial team is key; in addition to being a superb writer, he is an appellate specialist and knows how to protect the record. Josh Rosenkranz is a great strategist, writer, and oral advocate. He knows how to cut through complexity to tell a compelling story. The team backing up Andrew and Josh is really excellent. And all of the appellate team members are incredibly responsive and pleasant to work with. They also work well with other firms and company executives, sometimes under trying circumstances.’

‘Jeremy Peterman is a standout among the associates. Great researcher and writer.’

‘The investment that Orrick put into the case we worked on together was exceptional. Although it seemed a long shot at the time as a Supreme Court case, they invested a huge amount of time and energy into debating each point of the cert petition, and it paid off with a victory in the Supreme Court that took many, including us, by surprise. Interpersonally, they were a pleasure to work with.’

‘Orrick stood out for how aggressively the firm staffed the case, how invested their associates were in the case, and how involved the supervising partner was, which is rare in our cases. The associates, Elizabeth Cruikshank and Tiffany Wright, were spectacular. Elizabeth is probably the best law firm associate I have ever worked with, and we work with many of these types of practices. The partner was not an absentee supervisor but deeply engaged with every aspect of the case and went through many drafts with us.’

‘Josh Rosenkranz led the team and did a masterful job. The quality of the written work was as good as I’ve seen anywhere, and Josh’s oral argument was first-rate.’

‘The Orrick appellate team helped us deftly navigate a tricky issue on appeal. They were thorough and practical, and I appreciated their attention to detail.’

‘Eric Shumsky is intelligent, pragmatic, creative, and a great partner.’

‘Mr. Robert Loeb was able to deal effectively with very difficult personalities to help us accomplish our goals. Mr. Loeb worked around the clock to help us achieve the settlement and literally saved our business.’

Key clients

Cisco

Credit Suisse

Gilead Sciences

Johnson & Johnson

KBC Bank

Microsoft

Netflix

Oracle

Twitter

Walmart

Corporate investigations and white-collar criminal defense

With offices in San Francisco, Washington, DC, New York, Los Angeles, and Seattle, Orrick, Herrington & Sutcliffe LLP is well placed to handle matters across the US, but also turns its hand to multi-jurisdictional matters, working in conjunction with its international network. Acting for both companies and individuals, the firm focuses on investigations and compliance work, and is particularly experienced in SEC-imposed corporate compliance monitorships. The team is headed by Washington DC’s Robert Stern. New York-based Amy Walsh, a former federal prosecutor, is recommended for government investigations. In March 2020, William Jacobsen and Jonathan Lopez left for Allen & Overy LLP. Gregory Morvillo left for Morvillo PLLC in April 2020.

Practice head(s):

Robert Stern

Other key lawyers:

Amy Walsh; Guy Singer

Key clients

Braskem S.A.

Zimmer Biomet Holdings, Inc.

Swedish Neuroscience Institute

Gilead Sciences, Inc.

Ocwen Financial Corporation

Dynastion Energy

Ramesh “Sunny” Balwani (former Theranos President and COO)

Three Individuals in SEC vs. San Francisco Regional Center

Katherine Mogal (former Fitbit Employee)

Travis Kalanick (former CEO of Uber)

James Monsees (founder of JUUL)

David Britt (former KPMG Executive)

James Strother (Wells Fargo Bank Executive)

Manuel Henriquez (former CEO of Hercules Capital)

Project finance

Orrick, Herrington & Sutcliffe LLP provides market-leading advice to sponsors from the energy and non-energy infrastructure segments, assisting with the financing of greenfield projects as well as M&A transactions. Though strong across the board, P3 projects is one of the team's primarily strengths, having advised on the development, construction and financing of complex initiatives such as the Fresno State energy project. Tax equity financing is another key area of expertise; the group works with leading project developers such as ENGIE North America on financing renewable projects across the US. In addition to its sponsor work, the team also advises a range of lender clients, most notably funds, on financing telecoms projects and other infrastructure developments. Renewables specialist Dahl Thompson  and Blake Winburne , who focuses on the downstream and midstream energy sectors, are the names to note in the Houston office. In New York, Daniel Mathews  co-leads the global infrastructure practice, while Young Lee  and Vincent Casey represent, sponsors, lenders and public authorities in innovative P3 projects. Les Sherman  leads the renewable energy practice.

Practice head(s):

Blake Winburne; Dahl Thompson; Les Sherman; Daniel Mathews;

Other key lawyers:

Young Lee; Vincent Casey; Irma Foley

Key clients

The Port Authority of New York and New Jersey

Macquarie Capital

Fluor Enterprises, Inc.

Skanska Infrastructure Development USA

I Squared Capital

Meridiam Infrastructure North America

InfraRed Capital Partners

IFM Investors Pty Ltd

Kiewit Infrastructure

Veolia North America

Star Americas

Empire State Development Corporation

Founded in San Francisco 150 years ago, Orrick is a leading global law firm with a particular focus on serving companies in the technology, energy, infrastructure and financial sectors. The firm is recognized worldwide for delivering the highest quality, commercially-oriented legal advice.

The firm: Recognized by Chambers Latin America, Chambers Global, Chambers USA and Latin Lawyer, the Orrick team includes lawyers who are fluent in Spanish and English, as well as Portuguese for transactions involving Brazil, and are admitted to practice in Latin American jurisdictions. The firm knows the region’s civil law system, business practices, and regulatory and political landscapes, which allows it to add value for international clients seeking to grow their presence in Latin America. The team also works with lawyers across more than 25 Orrick offices worldwide to help Latin American clients pursue expansion strategies and obtain capital in the international markets.

Orrick guides clients through complex cross-border matters that are shaping the future of a region ripe for substantial international investment. These have included the acquisition of the Dominican Republic’s largest airport company; the development of a US$1.3bn petrochemical facility in Mexico, including negotiating to close a first-of-its kind structure with Mexico’s Comision Federal de Electricidad (CFE) to transport low-cost natural gas from the United States to the facility in Mexico; the structuring and launching of a US$200m Mexican investment fund, which will be the first ever agrotech-dedicated fund in Mexico; and the acquisition of nine airports and three partial management contracts, including co-control stakes in Costa Rica’s two major airports.

The team has handled matters in every Latin American country and works in the region on a daily basis. Orrick has developed a strong network of contacts in the business and government sectors, connecting them with the key professionals in the region. As a result, the firm has long-standing collaborative relationships with top local law firms in Latin America that complement its strengths and reinforces the ability to counsel clients on the most complex international legal matters.

Areas of practice: M&A and private equity; corporate; power; renewables, oil and gas; infrastructure; project finance; corporate finance; real estate; restructuring; intellectual property; international trade, investigations and compliance; and technology.

Department Name Email Telephone
Partners Carlos Treistman E: ctreistman@orrick.com
Partners Rodrigo Dominguez E: rdominguez@orrick.com
Other fee-earners : 25
Partners : 30

The firm: Orrick is focused on serving clients in the Technology and Innovation, Energy and Infrastructure, and Finance sectors globally. Founded more than 150 years ago, the firm today has 1,100 lawyers in offices across the U.S., Europe and Asia. The firm provides clients with innovative approaches to their most complex transactional, litigation and regulatory matters. Financial Times singled out Orrick as the “Most Innovative Law Firm in North America” in 2016, 2017 and 2018, and Fortune has named the firm among the “100 Best Companies to Work For” four years in a row.

Main areas of practice
Technology:

  • Advised on more than 860 venture capital financings valued at over US$14.6bn for companies based in 35 countries. We helped the following companies and their investors cross the billion-dollar mark to unicorn status: Asana, Convoy, DoorDash, Graphcore, HashiCorp, Lime, Monzo, PagerDuty, Revolut, Swiggy and Warby Parker. Additionally, Orrick helped companies with their strategic exits, advising on 30 sell-side M&A deals and seven initial public offerings, including the US$70m IPO for Twist Bioscience on Nasdaq.
  • Argued on behalf of Microsoft a historic data privacy case before the Supreme Court. U.S. v. Microsoft was a globally watched clash over the federal government’s right to seize private emails stored in foreign countries. With the case pending, Congress enacted the CLOUD Act, which updated the Stored Communications Act in a way that addressed the concerns of Microsoft and the tech industry – and which was heavily influenced by Orrick’s legal position throughout the litigation. The Supreme Court declared the case moot, but it was a clear victory for Microsoft, which strongly supported the legislation.
  • Scored back-to-back wins for Microsoft and Twitter in major gender discrimination cases. Orrick’s Employment team persuaded two separate judges to reject bids for class certification of gender bias claims in less than two weeks. These cases were referred to as “the barometer for gender bias litigation in the tech industry.”
  • Represented Oracle in the appeal, retrial on remand, and second appeal of the Oracle v. Google copyright trial – one of the most closely watched IP cases of the decade. The Federal Circuit unanimously found that Google’s use of Java was not fair use as a matter of law. In overturning the jury verdict, the Federal Circuit reaffirmed important copyright protections for software developers and set the stage for a new trial to decide how much Google should pay to Oracle in damages for its unauthorized use of Java.
  • Advised Hedera Hashgraph on its US$82.5m Simple Agreement for Future Tokens (SAFT) round in August, totaling US$100m in SAFTs raised by the company in 2018. Hedera Hashgraph is the creator of a technology to overcome one of blockchain’s major flaws: that it is either fast but unsecure, or secure but slow.
  • Secured a very successful resolution in the jury trial of Desktop Metal v. Markforged, one of the most significant litigations in the rapidly growing 3D printing industry. The case involved allegations of patent infringement, trade secret misappropriation, breach of contract, unfair trade practices and breach of fiduciary duty.

Energy and infrastructure:

  • Advised GE Energy Financial Services in a mezzanine debt financing of the 1,182 MW South Field combined-cycle, gas-fired power project in Columbiana County, Ohio. Equity and financing on the development stage project totaled US$1.3bn.
  • Advised Recurrent Energy, LLC in the sale of interests in five California solar photovoltaic projects. Pensionskassernes Administration acquired 49 percent interest in the Garland and Tranquility projects equivalent to 260 MWp. In a separate transaction, Korea Electric Power Corporation acquired interests in the Astoria (100 MWac/131 MWp), Astoria 2 (75 MWac/100 MWp) and Barren Ridge (60 MWac/78 MWp) projects.
  • Advised Clearway Renew LLC in the US$1.35bn acquisition of an approximately 4.7 GW development pipeline of utility-scale solar projects from SunPower, spanning 16 states.
  • Advised Equinor with Total in the acquisition of Cobalt International Energy L.P.’s 60 percent operating interest in the North Platte discovery in the U.S. Gulf of Mexico.
  • Represented Ocean Rig in the U.S. Court of Appeals for the Second Circuit against an attempt to overturn a New York bankruptcy court’s order recognizing the company’s Cayman Islands-based restructuring proceedings under chapter 15 of the Bankruptcy Code.
  • Advised Port Authority of NY & NJ in the redevelopment of the Hudson River underwater rail crossings and associated infrastructure (Gateway Project) currently in the preliminary stages of development and financing, including possible RRIF/TIFIA funding.

Financial services:

  • Secured a win for client TD Ameritrade Futures & Forex in a putative class action stemming from losses suffered by TD’s customers – traders in futures options – in connection with extreme market volatility in early February 2018. A judge in the U.S. District Court for the South District of Florida ruled in our client’s favor and denied the plaintiffs’ motion to certify a class of over 200 customers. Another ruling dismissed all but one of the claims brought against TDAFF, including all claims asserted under the Commodity Exchange Act.
  • Secured a complete victory in the Ninth Circuit on behalf of the City of Stockton, California in an appeal from an order confirming the plan of adjustment in the City’s chapter 9 bankruptcy case. The appellate win marked the latest important step in Stockton’s emergence from novel bankruptcy proceedings, which Orrick’s teams have guided for more than six years.
  • Helped bank group KBC secure a complete dismissal of a long-running US$1.5bn RICO lawsuit in the Southern District of New York. The plaintiff, diamond manufacturing and distribution company Lazare Kaplan International, alleged the theft of US$135m in diamonds from Lazare’s Belgian and other foreign subsidiaries.
  • Advised on the first-ever restructuring of a U.S. territory and the largest U.S. municipal restructuring to date by serving as co-counsel to the COFINA Senior Bondholder’s coalition in connection with its restructuring and its exchange issuance of approximately US$12bn in restructured bonds.
  • Advised on the first renewable natural gas project financing in the U.S. capital markets, a US$61.4m green bond issued by the Industrial Development Authority of the County of Pinal to finance one of the world’s largest anaerobic digester facilities in Arizona.
  • Advised a leading real estate private equity firm on the US$1+ bn mixed-use redevelopment project for St. John’s Terminal in Manhattan and on the revitalization of San Francisco’s historic Pier 70.
  • Advising online lender Oportun in its funding strategies, including all of its consumer loan securitizations, warehouse facilities and whole loan sales, in addition to providing regulatory advice.
  • Advised the initial purchasers and placement agents on the Morongo Band of Mission Indians’ US$147.5m bond offerings and US$227.5m note offering to fund portions of the construction for an expansion of the Morongo Casino Resort Spa in California.
  • Advised a leading Asset Management firm on upsizing a US$260m hybrid securitization backed by trade financing loans, finance leases and factored receivables originated or acquired in Latin America.
U.S.A. : 903
Worldwide : 1,100+