Eversheds Sutherland > New York, United States > Firm Profile

Eversheds Sutherland
THE GRACE BUILDING, 40TH FLOOR
1114 AVENUE OF THE AMERICAS
NEW YORK, NY 10036-7703
United States

Industry focus > Insurance: non-contentious Tier 1

The lawyers at Eversheds Sutherland continue to go ‘above and beyond to advocate for their clients’, combining both transactional and regulatory expertise as well as global capabilities. The practice draws on deep working knowledge of relevant federal agencies and also offers specialized know-how on pension risk transfer transactions and reinsurances. The team is led by John S. Pruitt, Bert Adams and Ling Ling, who is based in New York and Washington DC. Leading insurance transactional practitioner Jim Dwyer and Cynthia R. Shoss, who counsels on transformative transactions, restructurings, and investigations, play a key role in the practice. In January 2022, Peter A. Ivanick joined the group from Hogan Lovells US LLP, contributing expertise in insurance bankruptcy, restructurings and state insolvency proceedings while Kevin Finnegan and Sean D. Wissman were promoted to partner. Unless stated otherwise, all lawyers mentioned are based in New York.

Practice head(s):

Testimonials

‘The attorneys all work together so that the client gets a complete picture and they are experts in their respective fields. They are able to express things on both legal advice but also in laypersons terms. They are readily available and go above and beyond to advocate for their clients in a way I have never experienced prior to using Eversheds Sutherland.’

 

Key clients

Allianz S.E.

Allstate

Arch Capital Group Ltd.

Associated Electric & Gas Insurance Services Ltd.

Capital One

Columbian Mutual Life Insurance Company

Empower Retirement

Fairfax Financial

Further Global

GIC

Great-West Life & Annuity Insurance Company

Horace Mann Educators Corporation

Legal & General

MassMutual

MunichRe and Munich America Reassurance Corporation

Mutual of America Life Insurance Company

National Western Life Insurance Company

Pacific Life

Pan American Life

Pension Insurance Corporation

Phoenix Life Limited

Royal & Sun Alliance

Security Benefit Life

Symetra Financial Corporation

Talcott Resolution

Unum

Venerable Annuity

Voya Financial

Western & Southern Life

Wilton Re

Zurich Insurance Group Ltd.

Work highlights

  • Represented Empower Retirement in its US$3.55 billion acquisition of Prudential Financial Inc. and in its US$2.35 billion acquisition of MassMutual Retirement Services Business.
  • Represented Columbian Mutual Life Insurance Company and its Board of Directors on a strategic, transformative transaction with Constellation Insurance Holdings, Inc.
  • Represented National Western Life Insurance Company on a major reinsurance transaction with Prosperity Life Assurance Limited.

M&A/corporate and commercial > M&A: middle-market (sub-$500m) Tier 1

Transatlantic firm Eversheds Sutherland, which is able to draw on a far-reaching international network of offices , is ‘extremely experienced’ in a wealth of corporate affairs, namely M&A, joint ventures, PE investments, general advice, restructurings and governance mandates. The team places a high degree of emphasis on sector knowledge and fields dedicated industry practice groups for energy, insurance, TMT, industrials and financial services. Robert Pile disperses distinguished expertise in payments-related technologies industry, jointly fronting the practice alongside Robert Copps, a New York lawyer with a track record in stock and asset transactions, strategic alliances and mergers. Pile operates from Atlanta where Rob Ellis is cited as ‘the best of the best‘ and Hill Jeffries caters to a number of technology, food manufacturing, natural resource and TIMO companies. The team significantly expanded its client roster throughout 2021, adding in excess of 130 new names, and also leverages a presence in Chicago, Houston and Washington DC.

Practice head(s):

Robert Pile; Robert Copps

Other key lawyers:

Hill Jeffries; Michael Voynich; David Phillips; Theodore Cominos; Rob Ellis

Testimonials

‘The Eversheds Sutherland team is the most professional, and creative legal team that I had worked within my career. They know how to listen to the client carefully, learning the nature of the legal problem/challenges and only then to come with the right solution. The team is always available to me and treat me like family. They have a deep understanding and connections in the business world and the law all over the world.’

‘Theodore Cominos is the best attorney that I have worked with in my business career. He is a friend and a mentor that help me with all the legal problems of my business. Ted is a very smart and sharp attorney that always gives you solutions and professional legal support. I highly respect his modest and hardworking skills. I can admit that Ted’s assistance improved our business dramatically.’

‘Understand how private equity investors think and how the business works. Operate a cross border model in a seamless way. Abilty to grasp complex issues and translate into legal agreements. Practice goes well beyond M&A – abilty to address tax, corporate and related issues.’

‘Theodore Cominos understands how we think and what we really need. Unique abilty to identify key points in structure/negotiations and to protect our interests. Grasps the key value drivers in an investment and ensures that adequately covered in documentation (directy and indirectly). Incredible negotiation skills/experience.’

‘Broad and deep experience across a relatively large M&A team, which allows them to staff matters cost effectively.’

‘High caliber people, trusted advisors! Great M&A experience, especially with regard to private equity financing rounds. Pragmatic approach. Robert Pile and Rob Ellis are standouts.’

‘This M&A team is extremely experienced, business-savvy, efficient, prompt, relatively low-cost.’

‘While I have not met any partner or associate I do not like, Rob Ellis is the best of the best! He has the lead on several of our deals, and he does wonders! I particularly appreciate how he is unflappable and never loses his temper in the heat of negotiations. He is quick-thinking and offers great solutions in many of our impasses.’

Key clients

Fiserv (including First Data Corporation)

Cox Communications

FLEETCOR Technologies

Noro-Moseley Partners; and SSM Partners Growth Equity II

Floratech

WEC Energy Group (WEC)

AutoNation

Westlake Chemical Corporation

JAS Worldwide

Work highlights

  • Adviser to Fiserv, Inc., the world’s leading provider of credit card processing services, with respect to some of its most significant relationships and transactions, including in the acquisition of Spend Labs, Inc. and in its acquisition of Inlet, LLC, among several other transactions.
  • Representing Cox Communications on entering into a definitive agreement to acquire Segra, the leading Charlotte, North Carolina-based privately-held fibre infrastructure provider and one of the largest in the US.
  • Adviser to FLEETCOR on several signification transactions, including in its acquisition of Roger.ai, the leading global accounts payable cloud software platform for small businesses.

Tax > US taxes: contentious Tier 1

Eversheds Sutherland represents clients in disputes in the United States Court of Appeals, state supreme courts, and negotiations. Clients include major players in the media and technology, e-commerce, and utilities sectors, as well as Fortune 500 companies. The team is especially strong representing clients on SALT, energy, and excise tax matters. In Washington DC, Jeffrey Friedman covers state and local tax planning and advocacy to Fortune 100 companies, while Jerome Libin covers tax controversy before the US Supreme Court. Operating out of Chicago, Breen Schiller leads the tax team there and covers state and local tax audit defense and litigation, with particular strengths in e-commerce and cloud computing tax issues. Eric Tresh leads the TMT team in Atlanta and focuses on SALT matters, as does associate Alla Raykin. In New York, Sarah Paul litigates in cryptocurrency and general litigation. Expert in contentious and information reporting work Jonathan Sambur joined from Mayer Brown in April 2021.

Practice head(s):

Robert Chase

Testimonials

‘The team is very dynamic and creative. They address our issues in a very strategic way. Their people are exceptional.’

‘Eric Tresh and Maria Todorova are excellent with audit defense and litigation strategies.’

‘Deep industry knowledge and experience, plus a diverse team with SMEs in key states which is critical for state/local tax controversies.’

‘Eric Tresh is a thought leader in the technology and telecommunications tax space. Extensive experience in numerous states and issues. Alla Raykin is a great litigation strategist and is always well-prepared.’

They are unique because they have lawyers that are not only experts in the State and Local Tax practice, procedure, etc. but are also have broad based knowledge, understanding, and expertise in the telecommunication/internet industry and how things generally operate in internal corporate tax departments.’

Eric Tresh has specific expertise in State and Local Tax Law, a broad understanding of how internal tax departments operate, and has a broad understanding of how others in the industry operate.’

Key clients

T-Mobile

Charter Communications

Vitol, Inc.

Chemoil Corporation

Duke Energy Corporation

Sprint Corporation

Work highlights

  • Represented T-Mobile in a number of significant tax disputes, including securing a precedent-setting declaratory judgment for T-Mobile at the Virginia Corporation Commission with respect to the proper taxation of T-Mobile’s property in Virginia.
  • Advised Charter Communications on a wide range of strategic and legal considerations relative to state and local tax and the regulatory aspects of the company’s business.
  • Represented Vitol, Inc. in litigation involving the alternative fuel mixture credit.

Dispute resolution > E-discovery Tier 2

Eversheds Sutherland is able to offer its major corporate clients a complete service due to its multidisciplinary team which includes litigators and IT experts. Many team members maintain practices which span multiple areas of law; Washington DC-based Matt Gatewood‘s crisis management work involves litigation and arbitration, cybersecurity, internal investigations and employment issues. In New York, Frank Nolan focuses on class actions and commercial litigation in the federal and state courts. The firm’s expertise in high-stakes litigation can be seen in its recent work with Oppenheimer, which involved defending the company in a dispute relating to breach of contract, unfair competition and misappropriation of trade secrets. Robert Owen led the practice until December 2021 when he departed the firm to become an independent practitioner.

Other key lawyers:

Matt Gatewood; Greg Kaufman; Frank Nolan

Key clients

CareFirst Blue Cross Blue Shield

Oppenheimer & Co.

Work highlights

  • Advising a leading insurer in responding to a data breach incident.
  • Representing a US-based global financial institution in a major, high-stakes litigation.

Industry focus > Energy regulation: conventional power Tier 2

Eversheds Sutherland is well known for its expertise in energy commodities and energy trading. The team advises clients on the development of compliance manuals as well as non-public and public investigations and enforcement proceedings. It also has extensive litigation experience before FERC and federal courts on matters involving decarbonization, competitive market design and ESG goals, among others. In Washington DC, practice head Joseph Hall advises on a range of issues, including onshore and offshore infrastructure financing and development, rate cases and issues relating to the Public Utility Regulatory Policies Act 1978. Co-head of global energy, Lino Mendiola (in Austin), represents clients before the PUCT and other state agencies. For issues relating to commodities trading, Washington DC-based Catherine Krupka is the key name.

Practice head(s):

Joseph Hall; Lino Mendiola

Other key lawyers:

Catherine Krupka; Daniel Frank; James Guy

Key clients

Pattern Energy Group

Allete Clean Energy

BayWa r.e.

Work highlights

  • Advised Pattern Energy Group on strategic, day-to-day issues and undertook litigation concerning the development of wind generation projects totalling several thousand MWs, present or planned, in the Southwestern United States; as well as working with the company to document and build its financial trading program and related compliance program; and serving as local counsel with regard to its development of renewable generation projects in Texas.
  • Representing Allete Clean Energy on a range of strategic regulatory issues concerning the implementation of its enhanced integrated resource plan, including the company’s transition away from fossil-fuel (coal) powered generation to renewable generation (such as wind power and solar power).
  • Advised BayWa r.e. on strategic regulatory matters for its solar and wind generation assets around the country, including counseling on project finance, generator interconnection, market participation and construction disputes at FERC and before state regulatory bodies.

Tax > International tax Tier 2

Eversheds Sutherland advises major international corporates based in both the US and abroad on tax-related international transactions, covering areas such as FATCA, IGAs, and OECD. The team is particularly strong in international tax structuring work, global minimum tax, and US tax reform. In Washington DC, newly-appointed practice leader Robert Chase deals with acquisitions, spin-offs, restructurings, and transactions. He works alongside Aaron Payne, an expert in domestic and international tax planning, transactions, and compliance, as well as Caroline Setliffe, a specialist in tax treaties and transfer pricing issues in light of OECD. Based in New York, Bruce Wright covers the intersection of tax and insurance matters, as well as the captive insurance industry and the formation of commercial offshore privately and publicly-held entities, while Saren Goldner is noted for her work on reinsurance and insurance tax matters. DC-based  Mary Monahan was recently appointed deputy practice leader, and advises on international tax planning for acquisitions, restructurings, and tax treaties. Jonathan Sambur, a specialist in international information reporting requirements, joined from Mayer Brown LLP in April 2021.

Practice head(s):

Robert Chase

Key clients

Vitol

Chemoil Corporation

Deutsche Börse AG

Work highlights

  • Represented Vitol, Inc. in litigation involving the alternative fuel mixture credit.
  • Represented an international energy trading company in its development of a carbon capture and sequestration facility that is expected to generate significant tax credits under the revised section 45Q carbon capture and sequestration credit.

Finance > Structured finance: derivatives and structured products Tier 3

Based in Washington DC, the structured finance team at Eversheds Sutherland advises US and international clients on a broad range of matters in the derivatives sector, including weather and freight derivatives, cleared swaps and futures, and credit derivatives and synthetic securitizations. The team is especially strong in advising clients in the oil and gas industries. Practice co-heads James Cain and David McIndoe both focus on a broad range of derivatives and regulatory matters. Meltem Kodaman covers derivatives contracts, while Alexander Holtan is a key contact for clients in the energy sector on derivatives and enforcement matters. Raymond Ramirez advises on structured products and derivatives trading and compliance. Associate Lizet Steele is also highly recommended.

Practice head(s):

James Cain; David McIndoe

Testimonials

‘Eversheds is particularly good at thinking about issues in a practical manner and suggesting solutions not based on the transaction that the client brings to them, but what they deem to be most efficient based on Eversheds’ experience.

Eversheds is also unique in the derivatives space as being a firm that represents a lot of buy-side firms. This experience has been invaluable to us.’

‘The team has extensive knowledge on the derivative front, both with respect to negotiating/ drafting relevant documents and regulations applicable to derivatives. The team is diverse and willing to discuss billing issues, both of which are much appreciated.’

‘Ray Ramirez and Lizet Steele deserve recognition for the extent of their knowledge and willingness to put in the effort needed to meet deadlines.’

‘The team has outstanding expertise across all derivatives-related matters pertaining to insurance companies, including ISDA/CSA, UMR, MCA, custom index documentation, etc. Very practical approach to document negotiation and business terms. Diverse client base provides well informed view of the evolution of market standard practices. Very diligent in evaluations and very skilled at articulating tradeoffs of various choices to clients, such that informed business decisions can be made.’

‘Subject matter experts with substantial experience. They provide excellent general advice, but also are forward looking in their ability to foresee future developments and contingencies that may affect our firm, products, or investors. All team members work well together and complement each other’s knowledge, experience, and advice. The team has always been genuinely invested in our success, whether on a large strategic scale or on individual matters. The team is trustworthy and dependable, professional and ethical. All are a pleasure to work with.’

‘Jamie Cain – derivatives and product expert with tremendous experience, a long-standing relationship with our firm. Jamie is creative, a valuable guide, and committed. His work helps us sleep at night.’

Key clients

The Commercial Energy Working Group

Federal National Mortgage Association

United States Commodity Funds

Work highlights

  • Advised the Commercial Energy Working Group in connection with derivatives reform following the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection. Work includes advocating for the group in front of the Commodity Trading Futures Commission, Congress, exchanges and other federal regulators.
  • Advised Fannie Mae on the derivatives regulatory implications of several multi-hundred million dollar mortgage-based securitization transactions; represented Fannie Mae before the staff of the CFTC; assisted Fannie Mae with its implementation of steps to address the transition away from LIBOR; and assisted Fannie Mae with developing and putting in place documentation with various swap dealers to ensure compliance with the uncleared margin rules of the United States and other jurisdictions.
  • Assisted USCF with its launch of each of its ETFs and ETPs and have developed operating documentation and regulatory compliance policies and procedures for USCF as well as required disclosures under US federal securities and commodities regulations.

Finance > Structured finance: securitization Tier 3

Eversheds Sutherland‘s securitization practice sits within the firm’s capital markets department, with a particularly strong offering for ABS and esoteric deals. Jointly heading the group are Lisa Rosen in Washington DC, who specializes in advising clients on real estate finance and capital markets transactions, and New York’s John Benson, whose expertise spans securitized commercial real estate loans, affiliated debt products, structured finance and the resolution of non-performing or sub-performing real estate assets. In Atlanta, Brennan Posner has developed an impressive subordinated finance practice, while Eric Fenichel is known for advising corporate and financial services clients on the securitization of financial assets and liabilities. Counsel Thomas Dugan is based in Washington DC and focuses on real estate-related securitizations.

Practice head(s):

John Benson; Lisa Rosen

Industry focus > Energy: renewable/alternative power Tier 3

Eversheds Sutherland provides legal support to independent power producers,  energy traders, investors and utilities across the range of matters pertaining to renewable and alternative energy sources. With experience advising clients throughout the life-cycle of renewable energy projects, the team helps them navigate the siting and permitting processes from start to finish, assists with joint ventures, and commodity-specific regulations. Typical mandates also include renewable project-specific tax credit financing and commercial deals, including EPC contracts and power purchase agreements. Led by Dorothy Black Franzoni in Atlanta, the team stands out for its comprehensive knowledge of the offshore regulatory environment, managing stakeholder engagement and shepherding clients through the complex permitting processes for US offshore energy projects. Ram Sunkara, who is based between Houston and Atlanta, oversees the renewable corporate procurement group, and is regarded for his work in the project development, finance and tax equity spaces. Madeleine Tan in New York heads up the social infrastructure practice, while Thomas Warren in Atlanta showcases an impressive track record in the development, construction and operation of wind, solar, geothermal, biomass and hydro assets.

Practice head(s):

Dorothy Black Franzoni; Ram Sunkara;  Madeleine Tan; Thomas Warren

Other key lawyers:

Amish Shah; Joshua Belcher; Kyle Wamstad; Jackson Allen; Alyssa Walker

Key clients

Consolidated Edison Clean Energy Businesses

Minnkota Power Cooperative

Uber

Magnetar Capital

Kaua’i Island Utility Cooperative

WEC Energy Group

CIM Group

Elements Markets

Work highlights

  • Advising Consolidated Edison Clean Energy Businesses, Inc. on acquisitions and dispositions of renewable energy projects in varying stages of development.
  • Represented Minnkota Power Cooperative in the project development, tax structuring, tax equity and debt financing of Project Tundra, the next frontier in clean energy, which will be, when completed, the largest carbon capture and sequestration project in the world, and will capture 90 per cent of the CO2 emitted by Minnkota’s coal-fired facility.
  • Advised Uber on entering into an aggregation deal to purchase wind energy from Enel Green Power.

Industry focus > Energy transactions: conventional power Tier 3

Co-led from Atlanta by energy experts Herbert Short, Thomas Warren, Dorothy Black Franzoni and Ram Sunkara, the practice at Eversheds Sutherland has broad M&A experience combined with strengths in the key areas of gas and nuclear energy. Alongside its day-to-day power work, the firm handles data centre issues and electricity cooperative work, as well as providing expertise in power trading and power market matters.

Practice head(s):

Herbert Short; Thomas Warren; Dorothy Black Franzoni; Ram Sunkara

Key clients

Oglethorpe Power Corporation

Gas South

San Miguel Electric Cooperative

Georgia Transmission Corporation

Work highlights

  • Advised longstanding client Oglethorpe Power Corporation on the registration of the 2020A bonds with the SEC; and on increasing the market size of its commercial paper program to $1.2bn.
  • Acted as lead counsel to Gas South on its acquisition of the natural gas marketing business of Infinite Energy, resulting in Gas South’s annual revenue doubling to circa $1bn and a total of over 425,000 customers in the south-eastern US.
  • Advised Consolidated Edison Clean Energy businesses on the acquisition and sale of renewable energy projects in varying stages of development.

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

In Washington DC, Eversheds Sutherland‘s cybersecurity and data privacy team advises prominent corporations around the world in numerous industry sectors, notably technology, financial services, healthcare and TMT on a broad spectrum of privacy and data security matters. Leveraging its global practice, the firm specializes in federal and international compliance frameworks and cross-border data transfers, while also excelling in data breach response, litigation and crisis management. Practice head Michael Baharis a standout practitioner’ with extensive knowledge of the sector and experience as a former deputy legal advisor to the National Security Council at the White House.

Practice head(s):

Michael Bahar

Testimonials

‘Michael Bahar is a standout practitioner. Lots of knowledge and marshals a strong team around him. An incredibly hard worker, he is very strategic in his approach to solving problems.’

‘The cyber team offers personal service and follow through. They assist in getting at an answer and do an amazing job.’

Work highlights

  • Represented a global retailer to assist them with privacy and cybersecurity matters in the US and internationally, including helping them with the investigation and analysis of being a victim of data theft to ascertain its reporting and notification responsibilities for customers potentially affected in 38 countries.

Media, technology and telecoms > Fintech Tier 3

Eversheds Sutherland provides a comprehensive fintech service and is praised for its team of ‘down to earth, relatable people that you look forward to visiting with‘. Clients come from across all corners of the industry, including banks, payments and credit card processing companies, and digital commerce. The team’s ‘cost effective, thorough analysis‘ covers a range of issues, including regulatory, corporate, IP, litigation, cybersecurity and tax. The group is especially active on the payments and digital commerce side, regularly advising on product launches, M&A and collaboration agreements. A large portion of the team works from Atlanta, including well regarded practice head Robert Pile and fellow corporate partners Brian Murphy and David Phillips, and the ‘brilliant and great‘ finance partner Brennan Posner.  New York-based global insurance head John Pruitt is good on insurtech matters, while Washington DC’s Michael Bahar co-heads the global cybersecurity and data privacy team.

Practice head(s):

Robert Pile

Other key lawyers:

Brian Barrett; John Pruitt; Brian Murphy; Hannah Winiarski; Michael Bahar; David Phillips

Testimonials

‘The folks at Eversheds provided cost effective thorough analysis. In addition, they are down to earth, relatable people that you look forward to visiting with.’

‘Brennan Posner is brilliant and great person. Laura Jacobs is bright, energetic and intelligent as well. They are a great team and valuable partners of ours.’

 

Key clients

Fiserv (including First Data Corporation)

Toyota Financial Services

FLEETCOR Technologies

Noro-Moseley Partners and SSM Partners Growth Equity II

Deutsche Börse

Cox Communications

Work highlights

  • Represented Fiserv on several matters, including the acquisition of Spend Labs, a business that offers a cloud-based service for commercial and small business cards, and the acquisition of the electronic bill matching and presentment business, Inlet, LLC.
  • Represented Toyota Financial Services in connection with the development and launch of a proprietary financial technology platform.
  • Represented FLEETCOR Technologies in the acquisition of Associated Foreign Exchange (AFEX), a non-bank cross-border payment solutions provider, and in its acquisition of Roger.ai, a global accounts payable cloud software platform for small businesses.

Real estate > Construction (including construction litigation) Tier 3

Noted for having ‘a broad range of experience across various jurisdictions‘, the construction practice at Eversheds Sutherland acts for a lengthy client list of companies with keen interests in the construction industry, be it major manufacturers, leading global construction companies, or heavyweight projects investors. High-value and complex disputes are the bread and butter for the group headed by Lee Davis, who splits his time between the Atlanta and New York offices. His considerable experience includes advising on valuable disputes on power plant projects, cross-border pipeline constructions, and the US’s largest water treatment plants, in negotiations, mediation, arbitrations and trials. Similarly dividing her time between the same offices, Jennifer Wheatley Fletcher is another leading figure with a track record resolving complex construction disputes throughout the country and globally, representing construction managers, developers, contractors, owners and municipalities. Larry Dany is highly regarded for contentious matters in the New York metropolitan area and is supported by associate Jocelyn Weinstein, who has litigated a range of construction and commercial disputes in the state and federal trial and appellate courts of New York. Jesse Lincoln is the standout up-and-coming name in Atlanta, while Bill Wildman and of counsel Henry Parkman are further senior figures to note.

Practice head(s):

Lee Davis

Testimonials

‘Very experienced, excellent communication and collaboration with client representatives.’

‘A broad range of experience across various jurisdictions, project types and delivery methods.’

‘Very experienced, thoughtful and collaborative.’

Real estate > Real estate finance Tier 3

Eversheds Sutherland‘ national practice maintains a spread of debt and equity transactional activity across every class of real estate asset; from construction and permanent mortgage loans, subordinate and mezzanine lending, A/B note structures and REIT work. A go-to for some of the firm’ most high profile clients, Washington DC-based co-chair Lisa Rosen works with portfolio lenders, commercial banks, CMBS master and special servicers, pension fund advisers, private equity funds. On the debt side, based in New York, co-head John Benson and John Busillo focus on securitized loans, affiliated debt products, and the resolution of non-performing or sub-performing real estate assets. Ellen Smith in Atlanta is also recommended for institutional debt and equity investment across all commercial real estate asset classes.

Practice head(s):

John Benson; Lisa Rosen

Other key lawyers:

Tax > US taxes: non-contentious Tier 3

With a sizeable tax practice working collaboratively across multiple offices, Eversheds Sutherland advises a diverse roster of blue-chip corporates on a host of high-value transactions. Led by the Washington DC-based Robert Chase, the team routinely handles strategic tax considerations for clients in the consumer goods, telecoms, energy, retail, and financial services sectors. Brad Seltzer‘s broad tax practice is concentrated chiefly in work for Fortune 100 utility providers, including energy, natural resources, and telecoms companies. Jeffrey Friedman is recommended for his deep knowledge of state and local tax planning, while Michele Borens handles the full range of SALT issues for digital economy clients. California head Timothy Gustafson is a key contact for franchise tax matters and work in the healthcare and biotechnology sectors. In Atlanta, Reginald Clark focuses on major corporate acquisitions, restructurings, and spin-offs, while Daniel McKeithen concentrates of public and private REITs. All named lawyers are based in DC unless stated otherwise.

Practice head(s):

Robert Chase

Key clients

Empower Retirement.

Cox Communications, Inc.

Empower Retirement.

WEC Energy Group.

Horace Mann Educators Corporation.

Element Markets, LLC

Castleton Commodities International.

Work highlights

  • Represented Empower Retirement in entering into a definitive agreement for it to acquire the full-service retirement business of Prudential Financial Inc. for $3.55bn and in entering into a definitive agreement to acquire the retirement services business from Massachusetts Mutual Life Insurance Company for $2.3bn.
  • Represented Cox Communications on entering into a definitive agreement to acquire Segra.
  • Represented WEC Energy Group in its acquisition of a 90% ownership interest in the Jayhawk Wind Farm.

Dispute resolution > International arbitration Tier 4

Driven out of Washington DC and New York, Eversheds Sutherland's arbitration group scores highly for its 'professional, goal-oriented and organized team'. The 'very cohesive' practice is recognized for its broad industry experience across a range of investor-state, commercial and public international law cases — under all major arbitral rules. The group is also distinguished by its ability to marshal international support internally on large-scale, cross-border matters, and it frequently acts in cross-office teams alongside its international colleagues. New York is the seat of global international arbitration co-chair Meriam Nazih Al-Rashid, who specializes in public international law-related disputes, including commercial and investor-state arbitration. In Washington DC, department co-head William O’Brien ('a deep knowledge of the law') and John Lomas ('an incredible eye for detail') are key contacts.

Testimonials

‘Eversheds Sutherland is an international law firm, well known and respected for its expertise, organizational abilities and effective implementation. Clients can expect an expert adviser and a “no frills”, efficient, professional, goal-oriented and organized team to support their aims.’

‘The team is very cohesive and it is apparent they respect one another and give great care in representing their clients.’

‘William O’Brien combines a deep knowledge of the law and the workings of international arbitration with a natural politeness and sensitivity to cultural differences and is, for this reason, particularly effective. Diligent, punctual, imaginative but also realistic and down-to-earth.’

‘I appreciate William O’Brien and his team’s pragmatic approach to matters and keeping within budget.’

‘William O’Brien in the Washington office is an adjunct professor at Georgetown University Law Center. Will is an extremely competent and knowledgeable lawyer, who is very responsive, pleasant to work with and highly cooperative. He is also a very dedicated professor and a great mentor to students.’

‘John Lomas is a warrior, very well versed in the law, an incredible eye for detail and benefits from a deep well of patience which never seems to empty. Polite and easy to work with, nevertheless with clear objectives and an effective implementer.’

Key clients

Honwood Services Limited

Future Pipe International B.V.

Leidos

Symbion Energy Holdings, Ltd.

Haulotte Group

Work highlights

  • Representing Honwood Services in an approximately €1.4bn dispute arising out of Poland’s Ministry of Environment’s treatment of Honwood’s potash mining project.
  • Representing Future Pipe International (FPI) in a $240m investment treaty case against the Arab Republic of Egypt arising out of Egypt’s Ministry of Housing’s introduction of a series of decrees that impeded the business of FPI’s investment in Egypt.
  • Represented Leidos in successfully obtaining the payment of a $58m ICC arbitral award issued against the Hellenic Republic.

Industry focus > Energy regulation: oil and gas Tier 4

Eversheds Sutherland handles the full range of regulatory and contentious issues, from multi-district proceedings and putative class actions to regulatory investigations. The group has extensive experience in traditional areas of regulation such as the CFTC, FERC and DOE but is also handling issues relating to EPA’s renewable fuel standard. Washington DC-based Paul Forshay leads the team and has a broad practice that includes LNG, compressed natural gas, electric power transmission, policy formation and agency rulemakings. Catherine Krupka has experience in energy commodities and derivatives trading, while Susan Lafferty focuses on energy and environmental issues.

Practice head(s):

Paul Forshay

Other key lawyers:

David McCullough; Jacob Dweck; Susan Lafferty; Catherine Krupka

Key clients

Calpine Energy Services

OPC

Reedy Creek Improvement District

USG

Work highlights

  • Representing Calpine Energy Services in a variety of matters, including the Transco natural gas rate case and related settlement negotiations; providing advice regarding the Columbia Gas Transmission natural gas rate case and related settlement discussions etc.
  • Advising OPC in a range of matters, including the recent Transco natural gas rate case and related settlement negotiations; on the Transco imbalance cash-out proceeding at FERC; and on Transco Working Group meetings and related settlement negotiations involving system modernization matters, among other.
  • Representing Reedy Creek Improvement District on ongoing work regarding a Florida Gas Transmission (FGT) rate case and related settlement negotiations before the FERC.

Industry focus > Energy transactions: oil and gas Tier 4

New entrant to the rankings Eversheds Sutherland specialises in cross-border matters, with experience along the energy value-chain, including upstream, midstream, downstream and oil field services. Houston-based Benjamin Clark focuses on M&A, joint ventures and strategic alliances in the energy sector, with a particular focus on the oil-and-gas segment; his client base includes electric and gas utilities, pipelines, refineries, commodity trading firms and oilfield service companies. Clark's fellow practice co-head is Ram Sunkara, also in Houston, handles M&A, energy trading arrangements and joint ventures, and is a veteran of oil-and-gas transactional matters.

Practice head(s):

Benjamin Clark; Ram Sunkara

Key clients

Freepoint Commodities

Element Markets

Castleton Commodities International

Schoeller-Bleckmann Oilfield Equipment

ARM Energy Management

Shell

Vitol

Colonial Pipeline

Work highlights

  • Advised Freepoint Commodities in connection with its participation in the equity financing, debt restructuring and corporate restructure of its Limetree Bay joint venture with ArcLight Capital Partners (and a group of investors led by EIG Global Energy Partners), so as to finance a refinery restart project in St Croix, as well as terminal and other related services.
  • Represented the majority owners of Element Markets on the sale of an 80% majority interest sale to The Rise Fund, a global impact investing platform managed by alternative asset firm TPG.
  • Represented Castleton Commodities International on the auction and subsequent sale to private equity firm Tailwater Capital of NorTex Midstream Partners.

Intellectual property > Patents: prosecution (including re-examination and post-grant proceedings) Tier 4

Atlanta-based partners Peter Pappas and Malvern Griffin hold the reins of Eversheds Sutherland's practice, which continues to be the go-to adviser for renowned national and international corporations, showing prowess in a wide range of industry sectors, including consumer products, medical devices, automotive, pharmaceutical, and telecoms. At the PTAB, the team acts for patent owners and petitioners in inter partes reviews and covered business method reviews. Atlanta's Daniel Warren, who has a background in mechanical engineering, Nash Zogaib, who heads the Austin office, and Jeffrey Guise, who joined the San Diego office in April 2021 from Wilson Sonsini Goodrich & Rosati, are other names to note.

Practice head(s):

Key clients

Dassault Systemes

ESET

Kyocera

Workplace Technologies Research

General Motors

Tufts Medical Center

Gyrus Capital Partners

Pfenex

Bright Peak Therapeutics

Aligos Therapeutics

V-Wave

Bodycad

AerSale

Georgia-Pacific

Angelini Pharma

Fameccanica.Data

Spellman College

Florence Healthcare

Gyrus Capital Partners.

Work highlights

  • Advised Georgia-Pacific, providing patent prosecution and counselling on all of the client’s domestic and global core business areas.
  • Represented Fameccanica.Data in domestic patent prosecution, counselling, transactional, litigation, and contested patent office proceedings and related appeals representations.
  • Representing Angelini Pharma with pharmaceutical patent litigation and pharmaceutical product development legal representation.

Investment fund formation and management > Mutual/registered/exchange-traded funds Tier 4

Eversheds Sutherland excels in two core areas of the market in particular: the firm is a leading choice for matters relating to the formation, structuring, financing, compliance and operation of national BDCs, and is likewise highly valued for its expertise in registered insurance products. In the latter area, Stephen Roth – who also acts as the head of the financial services group – is a standout practitioner, while in the former, Steven Boehm is the name to note. Cynthia Krus regularly works with boards of directors to develop strategic plans and timing for critical decisions in all aspects of their businesses, including M&A; proxy contests, reorganizations, debt, equity and rights offerings, and other transactions. Owen Pinkerton, formerly of Thompson Hine LLP, joined the practice in June 2021. All named attorneys are based in Washington DC.

Practice head(s):

Stephen Roth; Steven Boehm

Other key lawyers:

Key clients

Owl Rock Capital Corporation

Committee of Annuity Insurers

Goldman Sachs Middle Market Lending Corp.

Newtek Business Services Corporation

GuideStone Funds

Ares Capital Corporation

Various Life Insurance Companies

Trinity Capital Inc.

CIM Real Assets & Credit Fund

Fidus Investment Corporation

Prospect Capital Management.

Midland National Life Insurance Company

OFS Capital Management

Capital Southwest Corporation

American General Life Insurance Company

USCF ETF Trust

Saratoga Investment Corporation

Zell Capital

M Fund

Work highlights

  • Representing Owl Rock Capital Corporation on various matters, including bringing to market the first non-traded multi-class offering for Owl Rock Core Income, advising on the company’s initial public offering of notes worth $450m, advising on a public offering of notes worth $1bn, and assisting with the merge into a special purpose acquisition company, and becoming publicly traded as Blue Owl (valued at $12.5bn).
  • Serving as lead counsel to a coalition of 31 major US life insurance companies and their affiliated broker-dealers, and providing strategic and legal counsel to these entities in their efforts to affect the direction and details of various relevant SEC, FINRA and US Department of Labor rule proposals and initiatives.
  • Advised Goldman Sachs Middle Market Lending Corporation on its $1bn merger agreement with Goldman Sachs.

Labor and employment > Employee benefits, executive compensation and retirement plans: design Tier 4

Eversheds Sutherland advises clients across the financial services, insurance, manufacturing and food services sectors on equity and deferred compensation mandates, qualified and non-qualified retirement plans, as well as health and welfare plans. In the firm’s Washington DC office, Adam Cohen leads the practice and focuses on tax-qualified retirement plans and executive compensation arrangements, while Carol McClarnon handles ERISA and tax-related issues. Based in Atlanta, Brenna Clark advises on qualified and non-qualified retirement plans, while Vanessa Scott left the firm in October 2021.

Practice head(s):

Adam Cohen

Other key lawyers:

Key clients

Empower Retirement

Cox Communications

HR Policy Association

US Chamber of Commerce

HRPA

Media, technology and telecoms > Outsourcing Tier 4

Media, technology and telecoms > Technology transactions Tier 4

Eversheds Sutherland has built an extremely strong pedigree for software and pharmaceutical licensing work, including outsourcing, cloud, and software as a service agreements. The firm's expanded international footprint has also made it an attractive choice for cross-border technology transactions where it represents a broad mix of technology, communications, universities (and their spin-offs), and end-users. Atlanta-based partner Peter Quittmeyer has impressive credentials on the licensing side and has practised in the market since the early 1980s. Corporate partner and US TMT head William Dudzinsky in Washington DC is also noted for his expertise in the automotive and mobility sector. Other key individuals include corporate co-head Robert Pile and partner Brian Murphy, both based in Atlanta.

Practice head(s):

William Dudzinsky

Key clients

State of Georgia (Georgia Technology Authority)

Emory University (Drug Innovation Ventures at Emory)

Fiserv (including First Data Corporation)

FLEETCOR Technologies

Cox Communications

Noro-Moseley Partners and SSM Partners Growth Equity II

Deutsche Börse

MicroCorp

Medlytix

Noble Systems Corporation

Work highlights

  • Advising Medlytix on establishing its service and distribution network and maintaining compliance with consumer credit and health care privacy regulatory schemes, including providing counsel on numerous transactions with customers, channel partners, third-party data providers, and related privacy and security matters.
  • Represented Emory University on a range of drug development and licensing projects, including helping Emory accomplish the licensing of a COVID-19 vaccine candidate.
  • Advising Fiserv on a range of technology transactions, including in its acquisition of Inlet, LLC, a technology-driven electronic bill matching and presentment business which was a joint venture of Broadridge Financial Solutions (Broadridge) and Pitney Bowes.

Real estate Tier 4

Fielding a deep bench of attorneys across Georgia, Illinois, New York, Texas and Washington DC, Eversheds Sutherland‘s nationwide practice is a top counsel across a range of real estate matters. The firm stands outs for its capabilities handling intuitional investment, financing and mandates in the hospitality, single-family residential, data centers and forestry sectors, in which Victor Haley in Atlanta, in particular, is a recognized authority. Also in Atlanta, Clayton Howell has developed a specialty advising institutional investors, as has James Jordan for REITS, and David Reid for joint venture formation. John Busillo in New York and Marc Benjamin in Chicago are the other key contacts.  

Practice head(s):

Victor Haley

Other key lawyers:

Testimonials

‘Willingness to adopt and utilize its client technology. Close collaboration with clients. Diversity of team- many women in senior roles.’

‘Jim Jordan is extremely competent, thinks through issues and develops solutions. He always meets our timelines and schedule, often dictated by other parties. He also has a pleasant personality and is nice to work with.’

‘We work with the Timberland team. Timberland is a unique asset class and requires specialized knowledge. ES is the best in this space.’

‘Victor Haley leads the team and is quick to connect us with the right person on the team for the project. His long term industry knowledge is first in class.”

‘Eversheds’ team is uniquely qualified in (i) the talent of their team, from top to to bottom, and (ii) their practical and pragmatic approach and understanding of our industry.

‘The Eversheds team is responsive and engaged and provides a good balance of understanding legal issues and business issues in their transactional practice.’

Key clients

Hines

T5 Data Centers

Work highlights

  • Advising Hines the development of the Fenton project, a $300m mixed-use project in the Research Triangle of North Carolina; the Finery project, a transformative mixed-use project in an Opportunity Zone in Nashville, Tennessee; and FAT Village, the development of a $300m mixed-use project in Fort Lauderdale, Florida; and a joint venture for industrial development project in Tampa.
  • Advising a major software company on various acquisitions and development transactions, including data center projects, throughout the southeast United States such as the notable assemblage of over 90 acres of land on the Westside of Atlanta, for the development of a new corporate campus.

Dispute resolution > General commercial disputes Tier 5

Eversheds Sutherland is well positioned to represent clients in national and cross-border disputes. The team is often involved in disputes in the  education, insurance, energy and natural resources, media and communications, as well as financial and professional services industries. Its scope includes assistance with antitrust, white-collar and accountant liability disputes as well as commercial litigation. The practice is lead by Rocco Testani and Kymberly Kochis in New York. Thomas Curvin specialises in insurance litigation while Amelia Toy Rudolph is well versed in accounting and financial matters. Houston’s David Baay and Jack Massey are key contacts in energy and natural resources-related disputes.

Practice head(s):

Rocco Testani; Kymberly Kochis

Testimonials

‘Eversheds is a modern, resourceful law firm that has strong capabilities in many legal areas. The attorneys at the firm are able to make introductions and draw connections so that their clients can utilize the various strengths of the firm. The firm utilizes modern technology in its practice and emphasizes a collaborative approach to client engagement.’

‘Amy Rudolph is a creative, resourceful, experienced, responsive litigator who is able to quickly build rapport with clients, opposing counsel, and judges. She is a quick study and is able to assess novel situations thoroughly.’

‘Strong experience with accountants’ liability issues in civil litigation and regulatory investigations.’

‘Amy Rudolph has significant experience representing large accounting firms in complex civil litigation and regulatory proceedings. She has a good sense of strategy and a calm demeanor under pressure.’

Key clients

East River Electric Power Cooperative

Upper Missouri G&T Electric Power Cooperative

Finance > Financial services regulation Tier 7

Eversheds Sutherland continues to be highly active in the broker-dealer space, advising clients in this sector on compliance with regulations such as the SEC’s Regulation Best Interest. In addition to acting for individual broker-dealers, the team also advises coalitions and trade associations on interactions with regulators and on responding to rulemakings. The team is jointly led by Stephen Roth and Steven Boehm, who are both based in Washington DC. Roth is engaged by a broad client base of insurers on regulatory issues related to broker-dealers and separate accounts, while Boehm has a specialism in advising business development companies on transactions as well as public and private share offerings. Elsewhere in the team, Holly Smith and Clifford Kirsch have deep experience of advising broker-dealers on SEC regulation, having both previously worked in-house at the regulator. Smith and Kirsch are based in DC and New York, respectively.

Practice head(s):

Stephen Roth; Steven Boehm

Other key lawyers:

Testimonials

‘Eversheds Sutherland provides world-class counsel in the securities regulations space. Their professionals include those who have served in the highest echelon of FINRA and the SEC, and they have a deep bench with a depth and breadth of expertise that’

‘Eversheds Sutherland provide world-class counsel, but the service goes well beyond the legal and technical and includes practical insights that most other global law firms just can’t offer. Their professionals are in the trenches, working collaboratively with their clients to not just identify issues and problems, but to roll up their sleeves to help solve them.’

 

Key clients

Coalition of circa 70 broker-dealers

Committee of Annuity Insurers

Goldman Sachs Middle Market Lending Corp.

Financial Services Institute

GuideStone Funds

CIM Real Assets & Credit Fund

Prospect Flexible Income Fund

USCF ETF Trust

Empower Retirement

Fidus Investment Corporation

Newtek Business Services Corporation

Capital Southwest Corporation

Saratoga Investment Corporation

Work highlights

  • Representing a coalition of 31 major US life insurance companies and their affiliated broker-dealers in providing strategic and legal counsel to these entities in their efforts to affect the direction and details of various relevant SEC, FINRA and US Department of Labor rule proposals and initiatives.
  • Represented Goldman Sachs Middle Market Lending Corp. in a US$1 billion merger agreement with Goldman Sachs BDC, Inc.
  • Advised Empower in entering into a definitive agreement to acquire the retirement services business from Massachusetts Mutual Life Insurance Company for US$2.35 billion.

France > EU, competition and distribution Tier 5

Eversheds Sutherland (France) LLP

Practice head(s):

Other key lawyers:

Testimonials

‘Dan Roskis and his team stand out for their high expertise in competition and commercial law. Their mastery of these subjects allows them to advise their clients effectively by providing them with pragmatic and achievable recommendations. Aware of the constraints of their clients, they also intervene within sometimes very tight deadlines without this affecting the quality of the advice provided.’

‘Eversheds is a very generalist firm with excellent sectorial skills which allow to directly cover different aspects of complex cases thanks to the intervention of the teams.’

Key clients

Parker Hannifin

France Télévisions & France Télévisions Publicité

Makor Securities

Wolverine Worldwide

Ricoh

Element Solutions

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Eversheds Sutherland: Wenzel Röhsner has been admitted to the Vienna bar

Wenzel Röhsner, LL.M. (29) has been admitted to the Vienna bar in March 2022 and appointed Legal Director at Eversheds Sutherland in Austria. He specializes in intellectual property and litigation law with a focus on tort, civil and corporate law.

Eversheds Sutherland is pleased to announce the admission of Michael Röhsner to the Vienna bar

Michael Röhsner, LL.M. (26) has been admitted to the Vienna bar in December 2021 and has been promoted to Legal Director at Eversheds Sutherland in Austria. He focuses on data protection, IT law and cybersecurity.

Eversheds Sutherland berät Reconomy bei Übernahme der deutschen Noventiz-Grupp

München, 10. Dezember 2020 - Die globale Wirtschaftskanzlei Eversheds Sutherland hat Reconomy, den führende Anbieter von Entsorgungs- und Rücknahmelösungen in Großbritannien, bei der Übernahme des deutschen Entsorgungsfachbetriebs Noventiz beraten. Verkäufer ist das deutsche PE-Haus SEAFORT Advisors.