Allen & Overy LLP > New York, United States > Firm Profile

Allen & Overy LLP > The Legal 500 Rankings

Industry focus > Energy: renewable/alternative power Tier 1

Chaired by Kent Rowey in New York, the ‘always available, very knowledgeable, and personable‘ team at Allen & Overy LLP is a multifaceted group which brings together considerable experience in guiding clients through the full life-cycle of a renewable power project. Although it is well positioned to handle energy project M&A, exit strategies, project structuring, construction and regulatory matters, it stands out in the market for its wide-ranging capabilities in the financing space. Testament to this is the group’s involvement in some of the largest and first-of-their kind transactions on behalf of major sponsors, developers, project companies and financiers across the renewable energy spectrum. The practice has experienced a significant expansion over the past year, following the addition of six market-leading partners from Akin Gump Strauss Hauer & Feld LLP, along with the opening of its West Coast offices. Daniel Sinaiko, who is retained by clients in relation to their most complex and high-value transactions in the alternative power sector, is a thought leader on power and renewables. He is based in Los Angeles, where Matthew Nesburn is go-to advisor for large foreign energy companies breaking into the North American market. John Marciano in Washington DC is praised for his longstanding expertise in tax equity and project finance. All three practitioners joined from Akin Gump Strauss Hauer & Feld LLP in March 2021. Sam Kamyans in DC, whose experience covers tax equity and carbon capture project financing, and New York-based Greg Lavigne, who has led on the financing of the first syndicated tax equity investment fund and the first solar and storage peaker plant in the world, are also among the recent arrivals.

Dispute resolution > International litigation Tier 2

Allen & Overy LLP‘s impressive international network and cross-border litigation expertise attracts a range of high-profile global corporates to its client roster. In New York, Andrew Rhys Davies and Jacob Pultman jointly lead the team and, alongside Bradley Pensyl, have a breadth of experience in corporate, regulatory and financial services sector disputes. For regulatory securities and anti-corruption matters, David Esseks and Eugene Ingoglia are names to note. The group has a strong intellectual property practice and technology sector client base and has continued to expand its West Coast capabilities with the launch of new offices in Silicon Valley and San Francisco in 2021. With a complementary international arbitration practice, the team is also a popular choice for litigation matters with parallel arbitral proceedings or enforcement issues.

Finance > Commercial lending Tier 2

In the words of one client, Allen & Overy LLP has ‘rapidly built their banking and finance practice since Jake Mincemoyer joined the team’. Mincemoyer, who arrived in February 2021 from White & Case LLP to lead the leveraged finance practice, has since been joined by fellow former White & Case practitioners Stanimir Kostov and Gordon Mak, who arrived in May and June 2021 respectively, as well as Ilona Potiha, recruited from Davis Polk & Wardwell LLP in October 2021. The result of these developments is that the firm has a highly proficient lender-side practice, which is solicited by both banks and alternative lenders on all types of leveraged finance facilities, including asset-based loans, high-yield debt offerings and debtor-in-possession financings. Below partner level, counsel Joseph Furst stands out.

Finance > Project finance

Allen & Overy LLP has made significant strides in recent years, and now has diverse and highlight regarded projects team, capable of advising both lenders and sponsors on a wide array of energy and infrastructure projects. The March 2021 arrival of Akin Gump Strauss Hauer & Feld LLP‘s renewables team, which included among others Daniel Sinaiko in Los Angeles and John Marciano in Washington DC, has added significant expertise in tax equity financing in the solar and wind arenas, as well as increasing the firm’s profile in the growing battery storage space. On the infrastructure side, the group continues to be a go-to department for P3 projects; as a recent example, practice head Kent Rowey, who splits his time between LA and New York, leads a team that is advising the financial sponsors on the project to develop Terminal One at John F. Kennedy International Airport in New York. The firm’s involvement in cutting-edge projects is displayed further by DC partner Sam Kamyans' work leading a team which is advising on a first-of-its-kind integrated carbon capture project.

Finance > Structured finance: derivatives and structured products Tier 2

Allen & Overy LLP‘s team in New York is most noted for its work with industry bodies, including regular advice on ESG issues. On the transactional front, the group has a strong track record in over-the-counter derivatives, spanning interest rates, currency, equities, commodities, longevity and mortality, as well as credit risk. The group has a niche in derivatives clearing issues, drawing on a familiarity with US and EU law. David Lucking heads the global international capital markets practice, and is an expert in derivatives and structured finance regulation. Senior associate James Bryson is another name to note.

Finance > Structured finance: securitization Tier 2

Allen & Overy LLP‘s New York-based securitization practice provides a full service to clients, comprising underwriters, arrangers and US domestic and foreign issuers. The group is most known for its CLO work, and lawyers have experience in advising investment banks on the development of their CLO and warehousing platforms. Asset-backed securities are another strength, as are automotive, aircraft and equipment securitizations. Joint figureheads are Lawrence Berkovich, who focuses on syndicated and mid-market CLOs, also an area of specialism for co-head Nick Robinson, John Hwang, who has experience in SEC-registered offerings and private placements, and Christopher Jackson. Senior counsel Tracy Feng is another key individual with knowledge in property assessed clean energy transactions.

Industry focus > Environment: transactional Tier 2

Allen & Overy LLP supports domestic and international clients with a host of environmental matters in the context of transactions, including M&A, project finance, capital markets and real estate investments, and deal-related indemnity disputes. Singled out for its experience in cross-border matters, the team boasts a strong reputation for its expertise in identifying ESG risks on behalf of corporations, private equity sponsors, investors, lenders and portfolio companies. Recent areas of activity include ESG-linked credit facilities and mandates involving the new Equator Principles. Leading the global environmental law group is Ken Rivlin, who is go-to counsel to leading corporations operating in environmentally-sensitive industries. Felise Cooper is recommended for multi-jurisditional matters and the full-array of environment, health and safety (EHS) issues, while Maria Christopher-Bell is particularly noted for her work in drafting and negotiating environmental indemnity agreements. ESG is an area of particular focus for Nick Ognibene, who is also proficient in the analysis of environmental liability in the context of transactions. All named practitioners are based in New York.

Tax > Financial products Tier 2

Allen & Overy LLP‘s group has vast experience in structuring and implementing major domestic and cross-border financial and corporate transactions. In terms of financial products, clients include a wide variety of corporations, insurance companies and funds. Areas of expertise include the taxation of financial instruments, including CLOs, securitizations and asset repackagings, as well as derivatives. The team also has a niche in FACTA and 871(m) dividend equivalent withholding tax. The practice is jointly led from New York by Dave Lewis, a global tax planning expert, and head of the US tax department Jack Heinberg, whose expertise encompasses the taxation of financial instruments, derivatives, CLOs and cross-border financing and securitizations. Senior counsel Caroline Lapidus has a strong practice pertaining to global capital markets taxation and cross-border real estate transactions (including REITs), in addition to the application of double tax treaties.

Antitrust > Civil litigation/class actions: defense Tier 3

The ‘very efficient and pragmatic’ attorneys at Allen & Overy LLP‘s antitrust practice excel at defending clients in the financial services sector as well as in the technology and pharmaceutical space. The firm, which is well regarded in the market for its global reach, has also recently been involved in cases pertaining to the food and automotive industry. In August 2021, the firm added technology and pharmaceutical sector specialist Noah Brumfield, previously at White & Case LLP, to its DC bench. He is praised for being ‘an outstanding antitrust lawyer who deeply understands clients’ business’ and joins New York-based Elaine Johnston as co-head. John Roberti left the firm in March 2022.

Tax > International tax Tier 3

The international tax team at Allen & Overy LLP is noted for advising governments, financial institutions, and multinationals on the tax aspects of cross-border corporate transactions, joint ventures, and divestitures and separations. The team is particularly strong regarding FATCA, real estate transactions, and hedge fund work. Dave Lewis is the managing partner of the New York office and specializes in international tax planning, M&A, and private equity transactions. He works alongside Jack Heinberg, head of the US tax group and expert in international tax planning and cross-border financing. Senior counsel Caroline Lapidus is based in Silicon Valley and is a key contact regarding the taxation of global capital markets and real estate transactions.

Antitrust > Cartel Tier 4

Allen & Overy LLP handles cartel investigations in a variety of key sectors, including involvements in ongoing proceedings relating to the auto parts, seafood and poultry sectors, alongside a growing focus on the fintech space, combining domestic and international expertise across litigation and enforcement proceedings. The firm regularly represents businesses in litigation against the FTC, DOJ and state attorney generals, as well as handling compliance advisory and investigations matters. The team bolstered its capabilities with the arrival of Noah Brumfield as practice co-head from White & Case LLP, who has a strong record in the tech space, and cross-border specialist Hugh Hollman‘s arrival from Aramco.  All lawyers mentioned are in Washington DC. John Roberti left the firm in March 2022.

Dispute resolution > Corporate investigations and white-collar criminal defense

Allen & Overy LLP offers ‘excellent international and cross-border capability’, with a ‘well-resourced and thorough; thoughtful and collaborative’ team. Its broad expertise spans financial and commercial litigation, regulatory matters, security issues, investigations and white-collar criminal defense. The team is headed by David Esseks and Eugene Ingoglia; Esseks brings considerable experience in regulatory and criminal investigations, and Ingoglia is recommended for securities and business crime matters with a focus on insider trading. Julian Moore acts for both multinational corporations and high-profile individuals on disputes, investigations and enforcement actions. All named attorneys are based in New York.

Dispute resolution > International arbitration Tier 4

Allen & Overy LLP's US arbitration practice remains in growth mode, with the recent arrival of new department co-chair Gaela Gehring Flores from Arnold & Porter representing a major coup for the rapidly expanding team. Gehring Flores is 'a truly multicultural practitioner’, whose Latin America expertise adds a further geographical dimension to a group that has also recently been involved in cases involving Africa, Asia and Europe. Patrick Pearsall co-heads the Washington DC-based practice and sources predict he will 'take A&O to the next level in the Americas'. Pearsall was recently appointed by the Kingdom of Sweden to act as lead counsel on a multibillion-dollar claim brought by Aura Energy under the Energy Charter Treaty.

Antitrust > Merger control Tier 5

Allen & Overy LLP strengthened its merger control offering, particularly in the tech sector, with the arrival of practice co-head Noah Brumfield in August 2021 from White & Case LLP. Brumfield has strong expertise in global merger review proceedings, and is currently leading on Globalwafers’ $5.4bn takeover of Silitronic, which includes approvals in Europe, Asia, and the United States. The firm broadly focuses on multi-jurisdictional matters, as well as advising clients on HSR filings, compliance and due diligence issues, and also handles FTC, DOJ, and state attorney general investigations into deals. Elaine Johnston co-leads the team, and has great experience in co-ordinating merger reviews across a broad range of sectors including oil and gas, financial services, and healthcare, alongside a strong niche in handling regulatory approvals for strategic privat equity-backed transactions. All lawyers mentioned are in Washington DC.

Dispute resolution > General commercial disputes Tier 5

Allen & Overy LLP is sought after by national and foreign clients for cross-border disputes thanks to the firm’s international network. The practice scope includes disputes concerning private equity funds, financial institutions, and shareholders, as well as securities, regulatory and white-collar defense matters. Professional liability cases are also handled. Growing areas are contentious IP matters and disputes in the technology sector. Jacob Pultman, who also covers corporate and real estate litigation, leads the practice. Andrew Rhys Davies is a key contact for securities and financial services disputes. Bradley Pensyl is well versed in complex contractual cases. All individuals are based in New York.

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

A team which ‘runs like clockwork’, magic circle firm Allen & Overy LLP is a go-to for cross-border deals and has been particularly busy within the asset management, renewable energy and financial services sectors of late. New York-based practice heads Eric Shube and William Schwitter each possess over 35 years of respective experience within the transactional space; their team is formidable within the technology, healthcare and consumer brands fields. Dario de Martino joined the group in September 2021 and arrives with distinct expertise in blockchain-enabled technologies.

Finance > Financial services regulation Tier 7

Media, technology and telecoms > Technology transactions

Media, technology and telecoms > Fintech

Industry focus > Energy transactions: electric power

Latin America: International firms > Banking and finance Tier 2

Allen & Overy LLP‘s Latin America practice is principally located in Sao Paulo, New York and Washington DC. This distribution of the team has allowed the firm to develop an impressive client list of commercial lenders, development banks, ECAs and MLAs, and Latin American borrowers. The broad-based Latin America banking and finance practice covers bank financing, corporate lending, project finance, acquisition and leveraged finance, and restructuring, among other areas. It continues to see growth in energy and infrastructure finance, acquisition and leveraged finance, and financings linked to recovery from the Covid-19 pandemic. Digital infrastructure project financings, including fibre networks and data centres, also constitute a growth area. The core Latin America team features Washington DC partner Sami Mir, who co-heads the firm’s US agency finance practice. Sao Paulo partner Bruno Soares leads the Latin America practice and remains well-connected to Brazilian lenders and borrowers. Dorina Yessios is highly regarded for energy and infrastructure financings, acquisition finance and refinancing, while Joseph Stefano – who heads the US general lending and asset finance group – also  has a strong record in Latin America transactions, as does Todd Koretzky. Named individuals are based in New York unless stated otherwise.

Latin America: International firms > Projects and energy Tier 2

Allen & Overy LLP‘s Latin America group is primarily located in Sao Paulo, New York and Washington DC. The multi-talented team has deep links to DFIs, ECAs and multilateral agencies, including an especially strong record with the major American agency lenders. Banks and sponsors are also key to the firm’s client base, notably Brazilian sponsors thanks to the presence of Bruno Soares, Latin America group head, in Sao Paulo. The group has gained a particular reputation in the renewables and social infrastructure fields, including water, metrobus and metro line projects. It has also made a further impression in fibre network projects. Dorina Yessios is an experienced Latin America specialist in New York, with a wide ranging practice that has recently encompassed a number of data centre, digital infrastructure and fibre network projects, along with a more traditional diet of renewables and oil and gas transactions; this includes conventional financings and portfolio financings. Sami Mir is co-head of the US agency finance practice and has a major focus on Latin America where he also represents commercial lenders. Fellow co-head of the US agency finance group Jean Lee is also active in Latin America energy and infrastructure financings.

Latin America: International firms > Capital markets Tier 4

Allen & Overy LLP re-established a Latin America capital markets practice in 2021 through the return of David Flechner from Paul Hastings LLP; Flechner had left the firm back in 2018. Based in New York and Sao Paulo, Flechner brings extensive expertise in Brazil offerings, acting for both underwriters and issuers. He further strengthens a well established Latin America practice group that also has wide-ranging connections to Latin American businesses and financial institutions. Since re-joining the firm, Flechner led a team that advised the underwriters on the $500m sustainability-linked bond issuance by Brazilian paper-and-pulp producer, Suzano.

Latin America: International firms > Corporate and M&A Tier 5

Allen & Overy LLP‘s established Sao Paulo and New York offices have a fine record in Latin America M&A, particularly in energy, telecoms and technology deals. In Sao Paulo, Bruno Soares leads the Latin America practice group and has strong connections to local, regional and international businesses; he has advised on a series of headline deals in the telecoms industry. New York’s Paul Burns and the immensely experienced Stephen Besen are active in cross-border deals, including in Latin America. Also noted is trilingual, dual-qualified (New York/Sao Paulo) counsel André de Paiva Teixeira.