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Kaye Scholer LLP

New York

Kaye Scholer LLP - New York
  • 425 Park Avenue
  • New York
  • New York
  • USA
  • NY 10022-3598
  • Tel:212 836 8000
  • Fax:212 836 8689
  • Email:Contact Us
  • Web:Visit website
  • Firm Managing Partner: Michael B Solow
  • Executive Committee Co-Chairs: Michael B Solow, Stephen Gliatta
  • Number of partners worldwide: 150
  • Number of lawyers: 460
  • Languages: Chinese, English, Farsi, French, German, Greek, Hebrew, Italian, Japanese, Portuguese, Russian, Spanish, Thai, Ukrainian
  • Website: www.kayescholer.com
  • The firm also has offices in London, Frankfurt and Shanghai.

Firm Overview:
Founded in New York in 1917, Kaye Scholer combines the continuity and business acumen of a century-old law firm with a forward-looking, results-driven approach focused around lasting client relationships. With industry strengths in life sciences, financial services, technology, real estate and energy and infrastructure, Kaye Scholer offers strategic guidance and legal services to public and private entities facing litigation, transactional or governance challenges. Kaye Scholer’s lawyers regularly advise on matters across multiple legal jurisdictions, including in the US, Canada, UK, EU, China and Japan.

Main Areas of Practice:  

Bankruptcy & Restructuring:
• Currently advising the City of Los Angeles and its Department of Airports, as well as a number of owner participants, operating lessors and lenders, on issues related to the American Airlines bankruptcy
• Represented 4Kids Entertainment, Inc. and its affiliates in a successful reorganization plan that allowed the company to sell a popular license, reorganize around its remaining licenses and expand into a new business

Complex Commercial Litigation:
• Currently serving as Global Strategic Counsel and National Coordinating Counsel for Pfizer, and its subsidiaries Wyeth and Pharmacia & Upjohn, in more than 10,000 hormone therapy litigation claims
• Advised The Body Shop in a nationwide class action brought by employees seeking overtime wages under the Fair Labor Standards Act

Corporate:
• Represented longtime client Novartis and its generics subsidiary Sandoz in the $1.525 billion purchase of Fougera Pharmaceuticals in an all-cash transaction
• Assisted longtime client Onex Corp. in its $2.3 billion acquisition of USI Insurance Services LLC from a private fund managed by Goldman Sachs Group Inc.

Finance:
• Represented Bank of America Corp. on nine major transactions, including the two-part sale of the bank’s $2.9 billion stake in Archstone to Lehman Brothers
• Advised alternative investment firm Sound Harbor Partners LLC in its recent acquisition of more than $1 billion in collateralized loan obligation contracts from Aladdin Capital Holdings LLC

Intellectual Property:
• Helped The Hershey Company obtain a trademark registration for the design configuration of its iconic Hershey’s chocolate bar
• Successfully preserved Pfizer’s market exclusivity for its blockbuster drug Viagra until 2019 in Pfizer vs.Teva Pharmaceuticals

National Security, Government Contracts & Regulatory Compliance:
• Represented MacDonald, Dettwiler & Associates Ltd. in its $1 billion acquisition of Space Systems/Loral, Inc. from Loral Space & Communications Inc.
• Advised France’s Safran in its $1.09 billion acquisition of US face-recognition/secured credentialing software maker L-1 Identity Solutions, Inc.

Real Estate:
• Advised Bank of America in a $235 million five-year floating rate loan to affiliates of The Blackstone Group LP to finance a portion of the $321 million acquisition of 15 shopping centers from Regency Centers
• Advised Royal Bank of Scotland in a $103 million first mortgage loan secured by 24 properties that was the first Shari’ah-compliant “Top 10 loan”for a CMBS securitization

Tax & Private Clients:
• Advising Potash Corporation of Saskatchewan, the world’s largest integrated fertilizer manufacture, on ongoing financing and international planning and structuring
• Represented Caisse de dépôt et placement du Québec in its $850 million purchase from ConocoPhillips of a 16.55 percent interest in Colonial Pipeline Company and Colonial Ventures LLC

Clients:
Amazon.com, Bank of America, Boston Scientific, Canadian Imperial Bank of Commerce, Exxon-Mobil, Google, Hershey, Novartis, Onex Corporation, Pfizer, Sanofi-aventis, UBS, WestLB.

Areas of Practice

  • Antitrust
  • Appellate
  • Asset Finance
  • Aviation Finance
  • Business Reorganization & Creditors’ Rights
  • Complex Commercial Litigation
  • E-Discovery
  • Employment & Labor Litigation
  • Energy, Infrastructure & Project Finance
  • Energy Regulatory
  • Entertainment & Media
  • Financial Services Litigation
  • Foreign Acquisitions
  • Government Contracts
  • Intellectual Property
  • Investment Funds
  • Life Sciences
  • Mergers & Acquisitions
  • Patent Litigation
  • Private Clients
  • Private Equity
  • Products Liability
  • Real Estate
  • Securities & Derivatives Litigation
  • Securities Transactional
  • Structured Finance
  • Syndicated & Leveraged Finance
  • Tax
  • Technology, IP & Outsourcing
  • Trademarks, Copyrights & Trade Secrets
  • Venture Capital
  • White-Collar Litigation & Internal Investigations

Branches

  • 1999 Avenue of the Stars,
  • Suite 1700,
  • Los Angeles,
  • California
  • USA
  • CA 90067-6048
  • Tel 310 788 1000
  • Fax 310 788 1200
  • Two Palo Alto Square,
  • 3000 El Camino Real,
  • Suite 400,
  • Palo Alto,
  • California
  • USA
  • CA 94306-2112
  • Tel +1 650 319 4500
  • Fax +1 650 319 4700
  • The McPherson Building,
  • 901 Fifteenth Street, NW ,
  • Washington, DC,
  • District of Columbia
  • USA
  • 20005-2327
  • Tel +1 202 682 3500
  • Fax +1 202 682 3580
  • Phillips Point,
  • West Tower,
  • Suite 900,
  • 777 South Flagler Drive,
  • West Palm Beach,
  • Florida
  • USA
  • FL 33401-6163
  • Tel +1 561 802 3230
  • Fax +1 561 802 3217
  • 3 First National Plaza,
  • Suite 4100,
  • 70 West Madison Street,
  • Chicago,
  • Illinois
  • USA
  • IL 60602-4231
  • Tel 312 583 2300
  • Fax 312 583 2360

Bankruptcy/Restructuring - California

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Intellectual Property - California

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Life Sciences - California

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Bankruptcy/Restructuring - Illinois

THE FIRM Kaye Scholer's bankruptcy and restructuring department is particularly commended for its work representing lenders, fund clients and creditors. The group benefits from national and international reach through its other global offices. However, the group's most significant highlights have recently included company-side representations, such as its role on behalf of 4Kids Entertainment in its Chapter 11 proceedings. Other key clients include US Bank, Bank of America and Cerberus Partners.

Sources say: "They have unique insight into what investors want to see in a restructuring, and the different opinions and views of banks and institutional investors." 

KEY INDIVIDUALS Michael Solow is the firm's managing partner and cochair of its bankruptcy and restructuring department. He has a wealth of experience working on a wide range of bankruptcy and restructuring matters, and typically represents creditors, trustees and governmental agencies, among other entities. One source commented that Solow is "a very smooth character and very influential in the way he puts a case forward in negotiations." He recently acted for GSC Group in its highly litigious Chapter 11 case.

Michael Messersmith often acts for lenders, bondholders and other institutional investors. Sources describe him as "commercially minded" and say that he "helps to get a deal across the finish line." Messersmith recently acted for Cantor Fitzgerald Securities as administrative agent to the senior lenders of Caribe Media.

Chicago office managing partner Tyler Nurnberg represents troubled companies, lenders and investment funds, among others. He is noted for his "business-savvy" approach, and his ability to "provide practical solutions to complicated problems." Nurnberg recently worked on the 4Kids Entertainment bankruptcy.

Sheldon Solow is a well-regarded, "seasoned attorney" who represents a wide range of both individual and corporate clients. He is currently representing a large movie production company in a multinational bankruptcy.

Bankruptcy/Restructuring - Nationwide

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Capital Markets - Nationwide

THE FIRM This team attracts the respect of the business community for its advice to investment banks on a range of transactions including public and private ABS, and CMBS and RMBS. It represented Citigroup Commercial Mortgage Securities as issuer in the $674 million issue of UBS-Citigroup Commercial Mortgage Trust series 2011-C1 commercial mortgage pass-through certificates.

Client Service "They will drop everything and get it done by the time we tell them." "They really wrap their arms around all aspects of a transaction."

KEY INDIVIDUALS Henry Morriello "really learns how the institutional client operates" and "has a holistic knowledge of the client," sources say. He chairs the structured finance and derivatives group.  

Daniel Hartnett is recommended by sources for his multifaceted skill set and practical market knowledge. His areas of expertise include transactions related to RMBS and CMBS, farm credit loans and CLOs.

Terry Novetsky has a "solution-driven approach to our projects," "can get you out of a tough situation" and "relates to the business background," impressed clients say. He is a favored choice for financial institutions on complex structured finance transactions.

Lawton Camp  recently joined the firm from Allen & Overy. He is "well-rounded in his approach," "highly capable" and "very knowledgeable and enjoyable to work with," impressed sources say. While at his previous firm he advised RBC Capital Markets as dealer, on the first ever registration of a covered bond program with the US Securities and Exchange Commission.

Intellectual Property - Nationwide

THE FIRM With offices in New York, Palo Alto, Los Angeles, DC and Chicago, Kaye Scholer is ideally placed to advise national and international IP-reliant businesses. The group is best known for its high-stakes patent litigation work, as well as for IP-based transactions and agreements, and the treatment of IP rights in the context of M&A. Clients include Amazon.com, GlaxoSmithKline, Time Warner Cable and Pfizer.  

Sources say: "They are exceptional attorneys, specialists in their field."

KEY INDIVIDUALS Aaron Stiefel, based in New York, is cochair of the IP practice group.

International Trade - Nationwide

THE FIRM This firm is best known for its market-leading CFIUS practice. The team receives praise for its in-depth knowledge of the relevant industries as well as the technical side of the process. It advised EADS on the ultimately terminated merger negotiations with BAE Systems, and represented Hawker Beechcraft Acquisition Company in the $1.39 billion sale of its commercial business to Superior Aviation Beijing.

Sources say: "A preeminent firm for the defense industry in the USA."

KEY INDIVIDUALS  Clients describe Farhad Jalinous as "incredibly knowledgeable," and commend his ability to apply this knowledge to individual business circumstances. One source commented: "He's my go-to person, he's brilliant."

Life Sciences - Nationwide

THE FIRM Kaye Scholer is renowned for its litigation capabilities, particularly in the product liability and patent litigation spaces. In addition, the life sciences practice assists clients in regulatory and corporate matters across its offices in Los Angeles, New York, DC and Palo Alto. Key clients include Affymetrix, Pfizer, Purdue Pharma and Genentech.

Client ServiceNot until I dealt with Kaye Scholer did I come to recognize a new level of client service existed and was willingly provided.”

Commercial Awareness "They see the bigger picture of what the case means and how to get it done. From A to Z, they have a plan in place."

KEY INDIVIDUALS Gerald Sobel is an experienced litigator with a practice focused on antitrust, IP and patent litigation. He is special counsel in the New York office.

Products Liability - Nationwide

THE FIRM Commentators highlight this firm's extensive experience in this field and the range of matters its team is able to handle. It maintains a formidable reputation for pharmaceuticals work, acting as global strategy counsel and national counsel for two Pfizer units on the hormone therapy litigation, in which it coordinates regional and local counsel on over 10,000 claims. It also defended AstraZeneca as national coordinating counsel in relation to the antipsychotic drug Seroquel. Major nonpharmaceutical clients include Knauf Plasterboard Tianjin and ExxonMobil.

Client Service "They really understand the client. I've been very impressed. They're very responsive and tenacious."

Commercial Awareness "They are incredibly creative and receptive. The product result is absolutely perfect and they tend to be very strategic."

KEY INDIVIDUALS 

Jay Mayesh is highly regarded for his experience in this arena, and garners particular praise for his trial expertise. He led the firm's successful defense of Knauf Plasterboard in litigation relating to drywall products manufactured in China.

Newly ranked Arthur Brown is "smart, practical and incredibly strategic." He is also noted for his strong organizational capabilities and ability to build an effective team. He led the team's work in the Seroquel litigation for AstraZeneca.

Real Estate - Nationwide

THE FIRM This real estate practice group is well known for its representation of lenders, and is particularly experienced in loan originations, including the structuring of large CMBS loans. It recently advised the Canada Pension Plan Investment Board on the origination of $145 million of senior mezzanine debt financing for New York's Carousel and Destiny USA Malls. The firm also represents HSH Nordbank, Bank of America and Crédit Agricole CIB.

Sources say: "They're supersophisticated on the debt side." 

KEY INDIVIDUALS Key contacts include Warren Bernstein and Stephen Gliatta in New York.

Securities - Nationwide

THE FIRM Kaye Scholer joins the rankings this year following a wealth of recommendations outlining the firm's strategic prowess and collaborative work ethic. Its securities and derivatives team acts for named individuals on major securities litigation matters as well as public companies. Notable representations include that of Howard Smith, former CFO of AIG, in multiple litigation claims including a substantial securities fraud class action.

Sources say: "Kaye Scholer has shown a great ability to jump into complex cases on a moment's notice and then do a great job of bringing the case to a successful resolution."

KEY INDIVIDUALS Vincent Sama is chair of the securities and derivatives litigation team.

Transportation - Nationwide

THE FIRM This firm's dedicated aviation finance and leasing practice acts on high-level matters, such as advising eight interested parties on negotiations connected with the widely reported American Airlines bankruptcy proceedings. The team has also advised several European export credit agencies (ECA) and related lenders in relation to 14 aircraft financing transactions.  

KEY INDIVIDUALS Michael Mulitz heads up the practice. Sources laud his pragmatic style, describing him as "knowledgeable, capable and practical." He played a lead role on both the aforementioned American Airlines bankruptcy work and the ECA transactions.

Bankruptcy/Restructuring - New York

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Corporate/M&A - New York

THE FIRM Kaye Scholer advises numerous domestic companies and private equity funds on a broad range of complex deals in the middle and upper middle-markets. Its M&A group also receives frequent mandates from Canadian and European companies seeking counsel on inbound M&A. One area of focus for the team is the transactional representation of companies with substantial IP assets. Clients appreciate the team's high levels of service as well as its advice on corporate governance and matters of future business strategy.

Sources say: "The team works very well together, and is highly responsive and a pleasure to work with."

KEY INDIVIDUALS Joel Greenberg is a "great resource," who impresses with his comprehensive knowledge of M&A. He cochairs the firm's Canada group, and recently advised Toronto-based Onex and its affiliates on an $871 million investment in doors and windows manufacturer JELD-WEN Holdings.

The "excellent" Nancy Fuchs is known among sources as a "very strong negotiator." She recently advised Pon North America on its acquisition of the Hiller Group and subsidiaries. She is also routinely sought after to advise on corporate matters in aerospace and defense.

Interviewees describe corporate department cochair Emanuel Cherney as a "creative, flexible, responsive" attorney whose negotiating style is "nuanced and subtle." He is also noted for his "excellent business judgment." He recently represented Sundance Holdings Group and its equity holders in its sale to Brentwood Associates.

Intellectual Property - New York

THE FIRM Kaye Scholer remains a powerhouse of elite-standard IP litigation, especially with regard to patent disputes of great complexity. The firm has a well-deserved reputation for its work in defense of the interests of some of the world's most eminent manufacturers of branded pharmaceuticals, as well as its representations of clients in the adjacent spheres of biotechnology and medical devices.

Sources say: "Kaye Scholer excels in pharmaceutical patent litigation, especially ANDA litigation on behalf of innovators."

KEY INDIVIDUALS Senior in-house lawyers working for giants of the branded pharmaceuticals industry sing the praises of patent litigator Benjamin Hsing. One stated: "His preparation was outstanding, and this really came across at the trial."

Special counsel Gerald Sobel is a "towering figure" in the field of patent litigation. He is especially renowned for his ability to effectively judge strategic direction in the management of crucial life sciences patent cases.

Litigation - New York

THE FIRM Kaye Scholer's solid litigation group has expertise in civil and criminal disputes, and handles a range of high-profile matters. Its attorneys offer expertise across a broad range of practice areas, and are particularly noted for their strength in matters arising from the financial services and life sciences fields. Recent highlights include representing Archer Capital Fund in three cases related to mortgage foreclosures, demonstrating the team's trial and appellate strength. The group's increasing expertise in securities litigation has seen it retained by clients such as Brookfield Homes and UBS.

Sources say: "They provide a first-rate service, they are always available and they work extremely well together. They also have a good knowledge of - and sensitivity to - commercial, business and financial issues."  

KEY INDIVIDUALS Aaron Rubinstein is commended for his extensive commercial and securities litigation expertise. Clients are impressed by his significant litigation experience, and highlight his "intelligent, thoughtful and tenacious" approach to advocacy. His recent work includes representing Bank of America in high-value litigation related to the bankruptcy of American Home Mortgage.

Vincent Sama chairs the firm's securities and derivative litigation practice group. He is also noted for his experience in handling commercial disputes. Sources are quick to praise his "extremely intelligent and very practical" approach, and comment that "he has great analytical skills and is a good advocate in the courtroom." 

Michael Rogoff is a new entry to the table, and is praised for his expertise in white-collar litigation and investigation matters. He is characterized as a "very powerful and effective advocate" who "exercises nuanced judgment" when representing clients. He recently represented Novartis in a qui tam action brought under the False Claims Act.

Real Estate - New York

THE FIRM The group at Kaye Scholer is widely recognized for its strength in the CMBS area, and frequently represents portfolio lenders in construction and syndicated term financings. Recent highlights include representing Jefferies LoanCore in the provision of $160 million of preferred equity financing for New York's Park Avenue Seagram Building. Other key clients include Greenfield Partners, Deutsche Bank Securities and AWH Partners.

Sources say: "We have never before encountered a firm that has so consistently outperformed the expectations of both their own client and the counterparty." "The lawyers have proven to be invaluable counsel on real estate transactions."

KEY INDIVIDUALS Warren Bernstein is praised for his "superb people skills" along with his ability "to anticipate issues in transactions and defuse them before they become material obstacles." He recently advised a European bank with regards to its $125 million financing for the acquisition of a large California hotel.

The "very pragmatic" Stephen Gliatta is commended for his "technical mastery of commercial real estate finance and all of its facets." In standout matters, he represented Deutsche Bank Securities in the $80 million financing of a Chicago Ridge mall.

Technology - New York

THE FIRM Kaye Scholer's intellectual property and outsourcing group is noted for its strength in IP, and valued for its expertise in handling issues related to emerging technologies such as big data and the combination of analytics and social media. Lawyers regularly advise high-profile entities on the full spectrum of outsourcing, IT and privacy and data protection issues that arise throughout the business life cycle. Clients include Novartis Pharmaceuticals and Morgan Stanley.

Sources say: "Kaye Scholer has consistently brilliant lawyers throughout the firm."

KEY INDIVIDUALS Practice chair William Tanenbaum is "at a stage in his career where no issue is unfamiliar, too complex or intimidating to take on." Sources praise his ability to bring "wide and diverse perspectives to any situation as a result of his mastery of related disciplines such as patent, IP, corporate and energy." He focuses on guiding clients through the combination of new IT models with existing infrastructures.