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 Chancery: Delaware
Chancery: Mainly Plaintiff: Delaware 

Chancery: Delaware

THE FIRM The team at this stellar Delaware firm continues to impress in the biggest cases before the Court of Chancery. The practice handles all manner of dispute resolution and litigation arising out of M&A and bankruptcies, including derivatives litigation and issues around poison pills. The practice recently advised CA on its lawsuit against Ingres.

Sources say: "They are completely plugged into the judicial, legal and political community in Delaware; are highly respected by the judges in Chancery and Superior Court, as well as the federal courts; are able to handle litigation of any size and gear up and staff accordingly; and are able to work well with major out-of-state law firms."

KEY INDIVIDUALS The practice is led by the "simply brilliant" Kenneth Nachbar. He is hailed by one source as "one of the most talented litigators I have ever worked with," whose "arguments in court are masterful, intelligently constructed, persuasive and elegant." He represented KFC in its dispute with its franchisees regarding its marketing strategy.

William Lafferty is "an extraordinary litigator" who is "extremely bright and great at cross-examination and argument." "Loved by the court and much admired by opposing counsel," his deep knowledge of fiduciary duty ensures that "when he talks, everyone listens." He recently impressed acting for Air Products on its hostile takeover of Airgas.

Jon Abramczyk's docket includes the recent representation of Hallmark Entertainment on its recapitalization case in the Court of Chancery. 

Mark Hurd is widely praised by peers, particularly with respect to his advice to special committees. He is also well regarded for his defense of stockholder actions.

"The dean of the Delaware Bar," Gilchrist Sparks remains active advising the firm's major clients and continues to elicit praise from every corner of the market.

THE FIRM Potter's chancery team impresses with both its size and quality. Sources comment that the firm utilizes well the expertise of its senior attorneys while nurturing an excellent crop of younger lawyers for the next generation. One example of the team's work is its advice to Barnes & Noble on its stockholder litigation regarding its poison pill rights plan.

Sources say: "They provide consistently thoughtful analysis; they are extremely practical. I have extremely high regard for their judgment, and when we work together, it's as a team."

KEY INDIVIDUALS The "exceptionally smart and focused" Donald Wolfe is one of the group's biggest names. He "bridges the divide between corporate and litigation counsel; he is both a wise counselor and a hardcore litigator." Recent engagements include Dollar Thrifty's expedited litigation against its stockholders regarding its proposed merger with Hertz, where Wolfe represented the defendant.

Peter Walsh is "a good strategist and thinker who cuts a nice presence in court." He is highly sought after for his ability to "come up with useful advice whenever you need guidance" and has recently acted for GSI Commerce in defense of fiduciary duty claims regarding its sale to eBay.

Stephen Norman is a "fine lawyer" who sources "would recommend to anyone." He was part of the team which advised Hewlett-Packard on the defense of derivative claims.

Michael Pittenger is "a terrific lawyer and a pleasure to work with," according to sources. He represented Barnes & Noble in the stockholder litigation mentioned above.

Kevin Shannon is noted for his background in finance. He "knows as much about valuation as anyone." He advised Airgas alongside Donald Wolfe on its dispute with Air Products regarding the refusal to redeem a poison pill after a hostile tender offer.

Matthew Fischer recently lent his considerable expertise to Cogent in litigation against its stockholders regarding its proposed merger with 3M. He is "indefatigable and dives into any problem; he is a can-do person and delivers." 

Sources say key rainmaker Michael Goldman remains "one of the leading practitioners in Delaware," confirming also that they "have complete confidence in his advice and abilities."

An associate with a rising profile, Berton Ashman "has good judgment and writes well."

THE FIRM This-well respected practice is praised for providing a strong co-counsel role to large out-of-state firms on major corporate disputes. It also acts as lead counsel on chancery cases. The team is noted for its consistently high levels of client service and excellent response times. One example of its recent work is representation of certain defendants in the John Q Hammons Hotels stockholder litigation. Other clients of the practice include Bronco Drilling, Inergy and Lockheed Martin.

Sources say: "Close to perfect in terms of the support, judgment and counsel."

KEY INDIVIDUALS Gregory Williams chairs the firm's corporate practice, earning praise from numerous interviewees for his ability to get results. He recently acted as special counsel to the court on Scully v Nighthawk Radiology.

Gregory Varallo is noted by peers for his tenacity in court which "keeps you on your toes." He was a key member of the team that successfully represented Selectica and its board of directors at the Supreme Court in its case against Versata Enterprises regarding the use of poison pills.

The "top-notch" Anne Foster has a wealth of chancery experience and lays claim to a number of notable representations. As an example, she was a member of the team that handled Craig Newmark et al's case against eBay.

Super-smart Catherine Dearlove "knows her craft, is tough when she needs to be, and makes good decisions." She worked alongside Foster on the representation of Craig Newmark.

Raymond DiCamillo recently represented Del Monte's directors in stockholder litigation relating to its merger agreement with a private equity group led by KKR. "Ray is on the rise," say impressed market commentators.

Franklin Balotti's long and distinguished career at the Delaware Bar continues to earn him great respect among peers. His position at the firm is similar to that of Jesse Finkelstein, a senior figure at the firm who predominantly puts his huge experience to use in an advisory capacity.

THE FIRM This internationally renowned firm acts as lead counsel on some of the largest cases in the Delaware Court of Chancery and out of state. Typically, the team handles disputes arising out of multibillion-dollar M&A for international blue-chip clients. Recently, this has included representing Qwest in defense of a class action alleging breach of fiduciary duty in relation to its proposed $22.4 billion merger with CenturyLink.

Sources say: "This is what they do and they are very good at it." "They have shown incredible flexibility and have performed at the highest level."

KEY INDIVIDUALS Thomas Allingham is commended for being "very polished in court" and for his ability to "write wonderfully." His areas of expertise include fiduciary duty, M&A disputes and contentious bankruptcies. He represented Marsico Capital Management in a bondholder action.

Edward Welch acted for XTO Energy in four stockholder actions looking to block ExxonMobil's takeover of XTO. "He has experience of almost everybody who practices in Delaware and can think strategically."

The "very talented" Robert Saunders is an expert in federal securities law. He recently handled a stockholder dispute for the OSI board of directors.

Karen Valihura advised priceline.com in defense of numerous actions in state and federal courts. She is praised for her experience and noted for her lead role in a number of notable representations in the Court of Chancery.

THE FIRM This team of 20 has extensive experience in the Court of Chancery. It handles the full range of corporate litigation, including the defense of mergers from challenges by stockholders, issues surrounding go private transactions and the representation of special committees. The team recently represented CNL-AB in a declaratory judgment relating to the control of $2 billion in collateral for $600 million of loans.

Sources say: "First and foremost, the lawyers are preeminent experts in Delaware corporate law. Aside from that substantive knowledge, the team is responsive, respectful and professional."

KEY INDIVIDUALS Sources "think the world" of David McBride, hailing him as "absolutely superb" and "among the best." In particular, he "has great judgment, a good manner and is effective with judges." He advised Dell on its acquisition of Compellent Technologies and the litigation that accompanied it.

"Out-of-the-box thinker" Bruce Silverstein is praised for his "amazing IQ" and for his ability to see things from the side of both plaintiff and defendant. He led on the representation of Hugh Hefner on the go private merger of Playboy Enterprises.

THE FIRM This corporate boutique more than makes up for its size with the vast experience and specialist expertise of its attorneys. It has a superb track record on corporate litigation in the Delaware courts, often acting as co-counsel to national and international firms. A recent example is its advice on the Massey Energy derivative litigation, acting alongside Cravath, Swaine & Moore.

Sources say: "Their work is timely, thorough and they have smart people."

KEY INDIVIDUALS Described as "the gold standard in Delaware," Kevin Abrams has "all the qualities that a lawyer should have: he is very smart, gives good service and he has very good judgment." He has a huge amount of experience of major Delaware corporate litigation, including, recently, advising Highland Capital Management in its defense against a derivative action brought by a unit holder of Highland Crusader Fund.

Thompson Bayliss is "an excellent, level-headed lawyer" who enters the rankings thanks to strong market endorsement and acknowledgement of the speed with which he is assuming responsibility within the practice. He led on the group's representation of TPG Capital and Leonard Green & Partners on the J.Crew stockholder litigation.

THE FIRM This compact firm of litigation experts increasingly advises Chinese and other international entities, with hedge funds and financial institutions featuring heavily among its clients. The practice handles a wide range of governance issues and other contentious corporate matters on behalf of directors, stockholders and board committees.

KEY INDIVIDUALS Stephen Jenkins is lauded for his excellent demeanor, knowledge of the law and judgment. He handles stockholder derivative actions and proxy contests, among other things.

Of counsel Lawrence Ashby is commended for his experience, which he still uses to great effect in counseling clients through disputes relating to major corporate deals. He also does a lot of specialist committee work.

THE FIRM This well-respected boutique is praised for the exceptional quality of its corporate and commercial litigation. The group prosecutes stockholder actions, defends corporations and directors, and appears on special committees.

KEY INDIVIDUALS Managing partner Andre Bouchard is widely commended by peers, who describe him as a "very talented lawyer" and "responsive and user-friendly." 

Corporate governance expert Joel Friedlander also "gets the thumbs up." Specifically, he is noted for being "smart, well-read and a good writer."

THE FIRM This mainstay of the Delaware Court of Chancery is strongly endorsed by large out-of-state firms for which it has acted as co-counsel; however the practice also leads on corporate disputes for clients such as DuPont. The group is praised for its excellent client service and support, including the quality of its paralegals. A recent example of its work is its handling of Andrew Corporation's case against TruePosition, regarding the recovery of $30 million in royalties.

Sources say: "Efficient and effective at getting stuff done. We go to them if we have a tricky area of Delaware law, whether it's corporate law or a cutting-edge issue."

KEY INDIVIDUALS Clarkson Collins is "a terrific resource on Delaware law and anticipates what courts might do." He possesses the "rare combo" of being "a great strategic thinker and very practical," recently putting this to use on behalf of DuPont in a trade secrets case regarding titanium dioxide. 

Lewis Lazarus "does an excellent job advising on Delaware law as it applies to special committees, conflicts of interests and duties of directors," said one source, "I would highly recommend him to any board." He recently advised McMoRan Exploration over a conflict of interest transaction.

Head of litigation Edward McNally "leaves no stone unturned," according to one source, who also commends him for being "perceptive, confident and readily available" and "very comfortable in court." He advised JFE Steel in its environmental cleanup dispute against ICI Americas and ICI.

Peter Ladig recently represented Edgewater Growth Funds in a breach of fiduciary duty action brought by a stockholder. "He knows the courts, has a good sense of the law and has a good sense of strategy - I feel I can rely on him for everything related to a Delaware lawsuit."

THE FIRM This corporate litigation boutique, which retains eight chancery experts, is praised for its responsiveness and its emphasis on conflict resolution. It has been acting as co-counsel in increasingly important cases, such as the well-publicized KFC advertising dispute. It also recently represented Kids International in the Court of Chancery and Copart in the Superior Court.

Sources say: "The whole team, from the senior partners to associates, has been outstanding."

KEY INDIVIDUALS Kurt Heyman is praised for his "constructively aggressive style" as well as his ability to oversee operations and provide strategic guidance. He recently advised Crown Media Holdings over breach of fiduciary duty claims on the Hallmark case.

Vernon Proctor has "a good head for judgment" and spends much of his time handling high-level advisory work. He acted for KFC National Council & Advertising Cooperative on its dispute over the franchisees' control of the company's advertising strategy.

THE FIRM This boutique was created after a number of litigators departed Connolly Bove and set up their own firm. The four-partner team tackles a range of corporate litigation, including stockholder class action defense, partnership disputes and trust litigation.

KEY INDIVIDUALS CJ Seitz is "the main man" and, according to one source, "in a class by himself." He is noted for his ability to keep clients out of costly confrontations and is subsequently "on the A-list for any major case."

He is assisted by Brad Aronstam, a "very impressive" younger lawyer who clearly has a bright future ahead of him in chancery matters.

Chancery: Mainly Plaintiff: Delaware

THE FIRM This national boutique is consistently singled out as being the best in the state, if not the country, for plaintiff-side representations, recognized in particular for counseling pension funds and institutional investors on class actions and securities litigation. The team is noted for securing the lion's share of big cases and commended for its ability to achieve results.

Sources say: "It is the preeminent plaintiff firm in the country right now."

KEY INDIVIDUALS Jay Eisenhofer divides his time between Delaware and New York. "Quiet and thoughtful," he is recognized for his "amazing contacts" and his incredible rainmaking abilities.

Stuart Grant is one of the most well-known faces of the Delaware Bar and "one of the brightest people you will find." He is described by a source as "so energetic," someone who "never stops moving and never stops thinking about things and gets the job done."

THE FIRM This class action boutique frequently represents plaintiffs in the Delaware Court of Chancery. The firm's six partners have achieved much success for clients who are typically stockholders objecting to mergers and acquisitions. The practice recently represented the stockholders of Airgas in a dispute regarding its takeover by Air Products. 

Sources say: "They are very experienced; they understand the court and the strengths and weaknesses of their cases."

KEY INDIVIDUALS Pamela Tikellis is an experienced member of the Delaware Bar and is well thought of for her plaintiff-side litigation expertise. She advises on and appears in transactional cases and antitrust and securities fraud disputes.

THE FIRM This revered Wilmington firm is best known for its expertise in corporate and securities litigation. It is particularly noted for its derivative actions, although it does also handle class actions for its clients who typically are investors.

KEY INDIVIDUALS The firm's elder statesman Joseph Rosenthal is "the dean of the plaintiffs chancery Bar." He is especially commended for plaintiff fee applications.

Cathy Reese of Fish & Richardson PC is praised for her excellent client service and for "going above and beyond." She provided lead counsel to Allergan on a stockholder inspection rights dispute regarding Botox.
Daniel Rath of Landis Rath & Cobb LLP "keeps a cool demeanor and maintains his poise." He is also noted for his knowledge of how judges will react to arguments and which judgments they will make.
Rebecca Butcher, also of Landis Rath, is "wonderful and works very hard." She is also "well organized and good at the day-to-day, on-the-ground work." She maintains a broad practice which encompasses commercial, corporate and bankruptcy litigation.

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16th May 2013: GC Seminar, London Sponsor-backed IPOs: IPO Exits of Portfolio Companies

21st May 2013: GC Seminar, New York Hackers Are After Your Data!: Practical Ways To Reduce Data Security Breach Exposure

23 May 2013: Chambers USA Awards for Excellence 2013, New York 

24 May 2013: Launch of Chambers USA 2013, New York and online

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

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9 September 2013: Chambers Latin America Awards 2013, Miami

10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

 

Chambers News

10 May 2012: Chambers Europe Awards for Excellence, Amsterdam