America s Leading Litigation Firms and Attorneys

Transcription

1 Published by From the publishers of America s Leading Litigation Firms and Attorneys BENCHMARK THE DEFINITIVE GUIDE TO AMERICA S LEADING LITIGATION FIRMS & ATTORNEYS RNIA COLORADO CONNECTICUT DELAWARE IDAHO ILLINOIS INDIANA IOWA KANSAS MASSACHUSETTS MICHIGAN MINNESOTA NEVADA NEW HAMPSHIRE NEW JERSEY NA NORTH DAKOTA OHIO OKLAHOMA H CAROLINA SOUTH DAKOTA TENNESSEE 2008 B N WEST VIRGINIA WISCONSIN WYOMING

2 Antitrust Leading firms Stars Tier 1 Arnold & Porter Tier 2 Heller Ehrman Hogan & Hartson Howrey O Melveny & Myers Tier 3 Dechert Hunton & Williams Kevin Arquit William Baer Arnold & Porter Robert Bloch David Boies Stephen Bomse Heller Ehrman James Burling George Cary Evan Chesler Robert Cooper Thomas Cullen Thomas Demitrack Michael Denger Richard (Dick) Favretto Donald Flexner Martin Flumenbaum Kenneth Gallo Shephard Goldfein David Graham Ronan Harty Barry Hawk Steven Holley Helene Jaffe Robert Joffe Joseph Kattan William Kolasky Mark Kovner Mark Leddy Jeffrey LeVee Kenneth Logan Douglas Melamed Joel Mitnick Peter Moll Howrey James Mutchnik Richard Parker O Melveny & Myers Debra Pearlstein M Laurence Popofsky Heller Ehrman Phillip Proger Yvonne Quinn William Bradford Reynolds Howrey Robert Robertson Sean Royall Tefft Smith Richard Steuer Joseph Tate Dechert John Treece David Tulchin Daniel Wall John Warden Margaret (Peggy) Zwisler 2 BENCHMARK

3 General commercial Leading firms Tier 1 Tier 2 Baker Botts Cahill Gordon Reindel Covington & Burling Jenner & Block Morrison & Foerster Munger Tolles & Olson O Melveny & Myers Quinn Emanuel Urquhart Oliver & Hedges Williams & Connolly Tier 3 Heller Ehrman Hunton & Williams Kaye Scholer The definitive guide to America s leading litigation firms and attorneys 3

4 General commercial Stars Rebecca Anzidei Seth Aronson O Melveny & Myers Jack Auspitz Morrison & Foerster Preeta Bansal Francis Barron Stuart Baskin Brad Brian Munger Tolles & Olson James Brosnahan Morrison & Foerster David Carden Evan Chesler Vincent Connelly Robert Cooper Paul Curnin Greg Danilow Michael Dell Gandolfo (Vince) DiBlasi Carey Dunne Robert Fiske Andrew Frey Max Gitter Robert Giuffra Richard Godfrey John Hickey David Ichel William Jeffress Baker Botts Brad Karp Thomas Kavaler Cahill Gordon & Reindel Raoul Kennedy Jeffrey Kessler Harvey Kurzweil Jonathan Lerner Gregg Levy Covington & Burling Martin London Joan Lukey Maureen Mahoney Gregory Markel Robert McCaw Steven McCormick Theodore Mirvis Gary Naftalis Thomas Nolan Bernard Nussbaum Barry Ostrager Lawrence Pedowitz Daniel Petrocelli O Melveny & Myers Robert Pietrzak M Laurence Popofsky Heller Ehrman Richard Posen John Quinn Quinn Emanuel Urquhart Oliver & Hedges Roy Reardon Daniel Reidy Eric Roth Miles Ruthberg Aaron Rubinstein Kaye Scholer Paul Saunders Stephen Shapiro Jerold Solovy Jenner & Block Audrey Strauss Brendan Sullivan Williams & Connolly John Villa Williams & Connolly Paul Vizcarrondo Herbert Wachtell Herbert Washer Seth Waxman Dan Webb Winston & Strawn Theodore Wells Mary Jo White 4 BENCHMARK

5 International arbitration Leading firms Stars Tier 1 Tier 2 Fulbright & Jaworski Tier 3 Clifford Chance US Covington & Burling Freshfields Bruckhaus Deringer King & Spalding Stanimir Alexandrov C Mark Baker Fulbright & Jaworski R Doak Bishop King & Spalding James (Jim) Carter Paul Friedland Benno Kimmelman Allen & Overy Carolyn Lamm David Lindsey Clifford Chance US Joseph (Joe) Neuhaus Lucy Reed Freshfields Bruckhaus Deringer David Rivkin Robert (Bob) Smit Abby Cohen Smutny John Townsend The definitive guide to America s leading litigation firms and attorneys 5

6 The firm A staple of the US legal market since 1879, sources say the quality of people currently at makes them a tier one firm. A majority of the 219 litigators practice from headquarters in New York, while smaller groups in Washington DC and California also contribute greatly to the firm s reputation. Commended for a great trial team that is very strong on written advocacy, one client stressed that those looking for a lot of good people, not just a lot of people, to handle big cases can count on this group. Though said to be preeminent overall, the firm has developed some well- respected specialties in areas such as international arbitration and antitrust. A magnet for some of the largest financial institutions in the country, such as Goldman Sachs, UBS, Barclays and The Bank of New York, the firm has substantial securities and white-collar criminal expertise and has taken a leading role in many of the major government investigations of late. Partners are further called upon by a growing group of clients to address intellectual property matters. In an effort to expand upon these already strong areas of expertise, the firm has recently reorganized to add a number of new formal subdivisions, including appellate and arbitration groups. Litigation stars Chief among the firm s strong gene pool is Robert Giuffra, who serves as the coordinator of the securities litigation group and earned particular credit for his work in this area, as well as for his white-collar defense abilities. Giuffra has spent most of his time in recent years defending UBS and Computer Associates, two of the firm s largest clients. Managing partner David Braff is widely commended for his deep knowledge of securities law, as is Gandolfo Vince DiBlasi, who is additionally gifted in white-collar criminal defense and routinely hailed as one of the best lawyers in the country. Peers hail DiBlasi as a solid, aggressive and thorough litigator for his work on behalf of Goldman Sachs. He is further recognized for securing a motion to vacate the guilty plea against former Arthur Andersen partner David Duncan following the US Supreme Court s reversal of the accounting firm s conviction. One client said, David Tulchin is my first choice if I have to take a case to trial and others agree that this lawyer is really very good in the courtroom. Recognized as a leading antitrust authority, he has won some big cases for Microsoft in recent history. Steven Holley 6 BENCHMARK also has worked extensively on this client s behalf and is considered one of the firm s antitrust experts. One client said, Sullivan & Cromwell has a number of people who know our business better than anybody, and Steve is one of them in some ways he s our institutional memory. Market observers say leading white-collar criminal practitioners Karen Patton Seymour and Samuel Sam Seymour are a great pair. Patton Seymour came to the firm after serving as the Chief of the Criminal Division of the US Attorney s Office for the Southern District of New York and currently heads the firm s criminal defense and investigations group. In recent years, Sam Seymour has resolved government investigations on behalf of clients such as The Bank of New York and Bankers Trust Company. Joseph Joe Neuhaus and James Carter coordinate the firm s premier arbitration practice and are both considered top international arbitration experts. Yvonne Quinn heads the antitrust group and is recognized as an antitrust leader among the best in the country. Peers describe her as knowledgeable, competent and practical. John Warden is up there as well, according to leading antitrust practitioners. Clients dubbed Sharon Nelles a lawyer of consequence at the firm who is at the top of her game. One said, Whenever I get in to a pinch, I want her on the playing field. Peers appreciate Nelles as a really clear, strategic thinker and a very responsive lawyer. Experience The firm s general commercial engagements range from successfully prosecuting a patent infringement case on behalf of long-time client Philips Electronics to representing beverage giant Diageo. The firm has led the latter through a series of lawsuits seeking $20 billion on behalf of parents challenging the company s alcoholic beverage advertising, which allegedly targeted underage children, and in August 2006 the firm achieved its sixth straight dismissal with prejudice in this litigation. Peers proclaimed that Sullivan & Cromwell is a machine in the white-collar criminal arena. After leading Computer Associates in an internal investigation, the firm represented the company in external investigations conducted by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). In 2004, Robert Giuffra negotiated a final settlement that helped keep this client in business and he continues to represent the company in ongoing matters stemming from this settlement, including securities and class action litigation. Matters for UBS and UBS Securities also have consumed a considerable portion of Giuffra s time of late, and he represented these clients in connection with government investigations arising from UBS s former role as the lead investment banker for HealthSouth and further counsels them in separate securities class action and derivative matters currently pending in Alabama. The firm also helped Solvay to resolve a DOJ investigation concerning price-fixing of hydrogen peroxide and sodium perborate in June 2006 and continues to represent this client in related multi-district class action litigation brought by direct and indirect purchasers of the peroxgens. One peer said that s stellar securities reputation is due largely to its relationship with Goldman Sachs, and the firm, led by Vince DiBlasi, serves as lead defense counsel to this client and as liaison counsel to 55 investment bank defendants in the IPO allocation class actions, one of the most complex and long-running securities matters currently at play. In a significant 2006 victory, DiBlasi convinced the Second Circuit court of appeals to reverse the class certification for the case. In another case of national importance, partner David Braff has served as counsel to Barclays for the past four years in the Enron investor class action brought against the client and a number of other investment bank defendants. In its most recent victory, the firm convinced the US Court of Appeals for the Fifth Circuit to find the claims against the client devoid of merit, thwarting the Enron shareholders attempt to sue as a class and leading them to seek review of this highly important decision by the United States Supreme Court. In the antitrust arena, the firm stands out for its nearly decade long representation of Microsoft Corporation. Partners have represented the company through more than 100 important antitrust matters brought by both consumers and competitors and secured the dismissal of dozens of these actions along the way. In one such success in 2005, the firm convinced a court of appeals to rule that indirect purchasers lacked standing to pursue their antitrust claims against the client, a decision which led to the dismissal of consumer actions in 15 states. In another recent success, the firm achieved the reversal of an order from the Iowa State Supreme Court in Comes v Microsoft, which in turn helped the client reach a favorable settlement in another case tried in the state.

7 125 Broad Street New York, NY Tel: Fax: Website: Chairman: H Rodgin Cohen Vice-chairman: Joseph C Shenker Number of partners worldwide: 168 Number of lawyers worldwide: 725 Other offices Beijing, Frankfurt, Hong Kong, London, Los Angeles, Melbourne, Palo Alto, Paris, Sydney, Tokyo, Washington, DC Firm profile Founded in New York in 1879, LLP comprises approximately 700 lawyers conducting a global practice through 12 offices on four continents. The Firm s clients are nearly evenly divided between US and non-us entities and include leading industrial and commercial companies; financial institutions; private funds; educational, charitable and cultural institutions; governments; and a select group of individuals, estates and trusts. Litigation practice Managing partner: David H Braff Deputy managing partner: Richard C Pepperman II s litigators act as lead counsel in many of the highestprofile, most complex litigation matters before courts, arbitration panels and regulators worldwide. The Firm s reputation in litigation stems from more than 100 years of experience and involvement in many of the landmark cases in the development of US law. Drawing on S&C s deep experience and leadership position as a corporate, financial and transactional firm, the Firm s lawyers form seamlessly integrated teams across relevant practice areas and are prepared to handle any related or follow-on matters that arise in the course of litigation. The Litigation Group has up-to-date knowledge of developments in a wide range of practice areas, including antitrust, arbitration, securities, commodities, corporate governance, criminal defense and investigations, banking, intellectual property, environmental law, products liability, and labor and employment law. Highlights of the firm s litigation work In 2006 and 2007, the Firm s litigators achieved notable success in important and precedent-setting matters, while also handling a diverse array of matters spanning the Firm s global practice. In a prime example, S&C argued before the US Court of Appeals for the Second Circuit on behalf of Goldman Sachs and as liaison counsel to the 55 underwriter investment banks in one of the most complex and long-running securities litigation matters ever, In re Initial Public Offering Securities Litigation. The Second Circuit, reversing the district court s class certification order, issued a landmark ruling that clarified the requirements for obtaining class action status in a decision that will resonate across putative class actions in all areas of complex litigation. Another compelling example of the Firm s success is its defense of Barclays in the Enron securities class action (In re Enron Corp Sec, Derivative & ERISA Litigation), widely considered to be the largest and most complex securities class action ever. Despite settlements by other financial institutions in the action totaling in excess of US$6.6 billion, S&C s strategy to litigate aggressively while seeking dismissal of the action and appellate review proved successful when the district court ruled that the plaintiffs claims against Barclays were deficient and then, while the district court gave plaintiffs a last chance to plead new claims against Barclays and with an April 2007 trial looming, the US Court of Appeals for the Fifth Circuit reversed the class certification order, effectively ending the case in the absence of a reversal by the US Supreme Court. S&C also argued cases that set significant precedents under Delaware corporate law. In a victory for the directors of AmSouth, the Firm obtained a decision from the Delaware Supreme Court that sets high hurdles for plaintiffs attempting to assign blame to corporate directors (Stone v Ritter). S&C successfully defended JPMorgan and current and former members of its Board of Directors following the company s merger with Bank One, obtaining a decision in the Delaware Supreme Court that set an important precedent regarding the standards for obtaining proxy damages (Taylor v Harrison). Other notable representations Banco Espirito Santo, the Portuguese banking conglomerate, on whose behalf S&C won a June 2007 verdict of gross negligence against BDO Seidman, the fifth largest accounting firm in the US, on a claim that BDO failed to detect that its audit client had engaged in a major fraud and stole more than US$170 million of Espirito Santo loans. In August 2007, the jury returned verdicts awarding Espirito Santo US$170 million in compensatory damages and US$351 million in punitive damages against BDO. UBS in another major Enron-related securities class action and in class action and derivative litigation in connection with its role as lead investment banker to HealthSouth. Morgan Stanley, for whom S&C won dismissal of multiple actions arising out of the AOL-Time Warner merger. Swedish mobile phone provider TeliaSonera, on whose behalf S&C achieved a significant arbitration victory when a tribunal of the International Chamber of Commerce in Geneva held that TeliaSonera was entitled to specific enforcement of a US$3.1 billion contract to purchase Turkey s leading mobile phone provider Turkcell. Statoil in the settlement of Foreign Corrupt Practices Act-related investigations by the SEC and DOJ, including a deferred prosecution agreement in the Southern District of New York. CA, Inc. in continuing advice related to the various investigations and litigations arising from its accounting practice, and in obtaining the dismissal with prejudice of all pending fraud and obstruction of justice charges against CA. British Airways and Solvay SA in global criminal antitrust investigations and related litigation. CSR Limited, for whom S&C obtained settlements totaling A$280 million in insurance coverage litigation against more than 60 insurers worldwide. Diageo Plc, on whose behalf S&C won dismissals in numerous class actions over advertising practices. Microsoft for the last seven years in private antitrust litigation brought in numerous jurisdictions by competitors and classes of end-users of Microsoft software, obtaining dismissals on the merits of dozens of cases. The definitive guide to America s leading litigation firms and attorneys 7

8 Securities Leading firms Stars Tier 1 Tier 2 Cahill Gordon & Reindel Latham and Watkins Tier 3 King & Spalding Bruce Angiolillo Robert Baron Stuart (Stu) Baskin David Brodsky Latham and Watkins Michael (Mike) Chepiga Evan Chesler Gandolfo (Vince) DiBlasi Robert Fiske Jay Kasner Thomas (Tom) Kavaler Cahill Gordon & Reindel Daniel (Dan) Kramer Jonathan (Jon) Lerner Gregory (Greg) Markel Robert (Bob) McCaw Richard (Rick) Posen Richard (Rich) Rosen 8 BENCHMARK

9 NEW YORK New York Highly recommended firms One market insider said Sullivan & Cromwell is a firm clients can count on when looking for a lot of good people, not just a lot of people, to handle big cases. Ranked for its broad-ranging capabilities as one of the country s top general commercial groups, the firm is known for its specialty in international arbitration. It has further carved a niche in financial services litigation, and peers say it is particularly adept at representing clients in securities matters. Over the past four years, Barclays has benefited from the firm s guidance through the Enron securities class action. But it is the firm s representation of Goldman Sachs in the IPO allocation class actions that has earned it particular renown in recent years. Peers label the firm a machine in its defense of whitecollar criminal matters and partners recently helped Computer Associates negotiate a settlement of government investigations allowing the client to stay in business. Also recognized as an antitrust leader, the firm has mounted a nearly decade long defense of Microsoft Corporation and is widely praised for its work on behalf of this client. Peers count Gandolfo Vince DiBlasi as one of the absolute best trial lawyers in the country. Described as very smart, very pragmatic, aggressive and tenacious, DiBlasi is credited with handling some of the most important financial services cases in recent years and is recognized as a leader in securities and white-collar criminal circles. Coordinator of the securities practice Robert Giuffra is recognized for his securities and white-collar expertise, and though managing partner David Braff handles a range of matters, he too is widely commended for his deep knowledge of securities law. Described as a great pair, Karen Patton Seymour and Samuel Seymour earned consistent praise as two of the strongest white-collar practitioners in the country. Peers consider head of the antitrust group Yvonne Quinn a knowledgeable, smart, practical and competent leader in the area and unanimously agree that John Warden is also up there on the list of top antitrust litigators. Market insiders note Warden for his role in the Microsoft litigation and his other clients include Amax, Bank of New York, British Airways and Goldman Sachs. Co-coordinators of the arbitration practice Joseph Joe Neuhaus and James Carter are both considered top international arbitration experts. Rising star Sharon Nelles earned client appreciation for being a really clear, strategic thinker and a very responsive lawyer. Leading litigation firms Highly recommended Cahill Gordon & Reindel Milbank Tweed Hadley & McCloy Recommended Arnold & Porter Bernstein Litowitz Berger & Grossmann Clifford Chance US Cooley Godward Kronish Covington & Burling Kasowitz Benson Torres & Friedman Kaye Scholer Morrison & Foerster Orrick Herrington & Sutcliffe Patterson Belknap Webb & Tyler Proskauer Rose Schulte Roth & Zabel Stroock & Stroock & Lavan B The definitive guide to America s leading litigation firms and attorneys 9

10 NEW YORK Local litigation stars Mark Alcott Bruce Angiolillo Kevin Arquit Mitchell Auslander Preeta Bansal Jeffrey Barist Milbank Tweed Hadley & McCloy Robert Baron Francis Barron Stuart Baskin James Benedict Milbank Tweed Hadley & McCloy Max Berger Bernstein Litowitz Berger & Grossmann David Bernick Sheila Birnbaum David Boies David Braff Lawrence Brandes David Brodsky James Carter Michael Chepiga Evan Chesler John Coffey Bernstein Litowitz Berger & Grossmann Paul Curnin James Dabney Greg Danilow George Davidson Michael Dell John Desmarais Gandolfo DiBlasi B Carey Dunne Scott Edelman Milbank Tweed Hadley & McCloy Leslie Fagen Jay Fastow Robert Fiske Douglas Flaum Donald Flexner Martin Flumenbaum Katherine Forrest Paul Friedland Edward Friedman Friedman Kaplan Seiler & Adelman Max Gitter Robert Giuffra Steven Glickstein Kaye Scholer Shepard Goldfein Stephanie Goldstein Peter Greene Steven Hammond David Ichel Helene Jaffe Robert Joffe Brad Karp Jay Kasner Thomas Kavaler Cahill Gordon & Reindel John Kerr Jeffrey Kessler Norman Kleinberg Daniel Kramer Josh Krevitt Harvey Kurzweil Jonathan Lerner David Lindsey Clifford Chance US Kenneth Logan Randy Mastro Aaron Marcu Covington & Burling Gregory Markel Theodore Mayer Jay Mayesh Kaye Scholer William McGuinness Theodore Mirvis Joel Mitnick Michael Mukasey Patterson Belknap Webb & Tyler Gary Naftalis Joseph Neuhaus Bernard Nussbaum Barry Ostrager Debra Pearlstein Lawrence Pedowitz Robert Pietrzak Mark Pomerantz Richard Posen William Pratt James Quinn Yvonne Quinn Roy Reardon Richard Reinthaler 10 BENCHMARK

11 NEW YORK R Bruce Rich David Rivkin Richard Rosen Eric Roth Paul Saunders John Savarese Saul Shapiro Patterson Belknap Webb & Tyler Karen Patton Seymour Samuel Seymour Robert Smit James Stengel Orrick Herrington & Sutcliffe Audrey Strauss Joseph Tringali Herbert Wachtell John Warden Herbert Washer Harold Weinberger Theodore Wells Mary Jo White Roger Witten Michael Young David Zornow The definitive guide to America s leading litigation firms and attorneys 11