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Kaye Scholer LLP

New York

Kaye Scholer LLP - New York
  • 250 West 55th Street
  • New York
  • New York
  • USA
  • NY 10019-9710
  • 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: 140
  • Number of lawyers: 420
  • 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 strengths in five core legal areas – corporate, finance, intellectual property, litigation and real estate – and focusing on two key sectors – life sciences and financial industries – the firm 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 and China.

Main Areas of Practice:  

Bankruptcy & Restructuring:
■Advises the City of Los Angeles Airports on issues related to the American Airlines bankruptcy
■Represents the convertible bondholders in the restructuring of IVG Immobilien AG, a German public company that manages assets totaling over €21 billion

Complex Commercial Litigation:
■Helped obtain the dismissal of a putative class action against Amazon.com and major publishers of electronic books, including client Penguin Random House LLC
■Secured a victory for Kenneth Cole Productions Inc. and its former CEO in a case brought by minority shareholders, challenging the terms under which the company would be taken private

Corporate:
■Assisted Onex Corporation and its affiliates in an agreement to sell their 50 percent interest in RSI Home Products to RSI for proceeds of approximately $323 million
■Advised Pfizer Inc. on an exclusive worldwide licensing agreement with Gliknik Inc. for a drug candidate designed to replace and improve on pooled human intravenous immunoglobulin

Finance:
■Represented private aviation company Wheels Up in its placement of a $1.4 billion order with newly reorganized Beechcraft Corp.
■Advised Unifrax I LLC, a worldwide manufacturer of industrial ceramic fiber products, in its $670 million refinancing

Intellectual Property:
■Won dismissal with prejudice of two patent infringement cases against biotech company Complete Genomics, a Daily Journal “Top Verdict” for 2013
■Won summary judgment for Avery Dennison, which had been accused of tortious interference with business expectation and false advertising under the Lanham Act

National Security, Government Contracts & Regulatory Compliance:
■Represented MacDonald, Dettwiler & Associates Ltd. in its $1 billion acquisition of Space Systems/ Loral, Inc.
■Represented French multinational aerospace component and security company Safran in its $400 million acquisition of the assets comprising Goodrich Corporation’s Electrical Power Systems business from United Technologies Corporation

Real Estate:
■Represented Criterion Real Estate Capital LLC and Wells Fargo Bank, N.A. in originating mortgage and mezzanine financing to finance the acquisition of the Park Lane Hotel in New York
■Advised Royal Bank of Scotland in the sale of the retail portion of San Francisco’s Ghirardelli Square to Jamestown

Group Tax & Private Clients:
■Advised Schilling Ventures, LLC on tax issues related to the acquisition of Cyclonaire Corporation
■Advised Caisse de dépôt et placement du Québec on tax issues related to its $500 million investment in a 1,500 MW wind farm portfolio owned by Invenergy

Clients:
American Securities, Citigroup, GlaxoSmithKline, Google Inc., The Hershey Company, Novartis, Onex Corporation, Pfizer Inc., Sanofi, Royal Bank of Scotland, Time Warner Cable, UBS

Areas of Practice

  • Antitrust
  • Bankruptcy & Restructuring
  • Commercial Litigation
  • Corporate, including Mergers & Acquisitions, Private Equity, Investment Management
  • Employment & Labor Litigation
  • Energy & Infrastructure
  • Financial Services
  • Litigation Finance, including Structured Finance, Syndicated & Leveraged Finance, Transportation Asset Finance
  • Food, Beverage & Supplements
  • Global Cybersecurity & Privacy
  • IP
  • Litigation, including Patent, Trademark, Copyright & False Advertising
  • Life Sciences
  • National Security/CFIUS & Government Contracts
  • Product Liability & Toxic Torts
  • Real Estate Finance
  • Securities & Derivative Litigation
  • Securities Transactions
  • Tax & Private Clients
  • 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

This firm is classed as a "Other Noted Firm".

Other Noted Firms are firms that are active in this practice area but have not yet been ranked.

Intellectual Property - California

This firm is classed as a "Other Noted Firm".

Other Noted Firms are firms that are active in this practice area but have not yet been ranked.

Life Sciences - California

What the team is known for Strong presence in intellectual property litigation, with a capable and experienced product liability team.

Strengths (Quotes mainly from clients)
"A go-to firm for FDA regulatory experience." 

"The litigation team has great strategy and great tactics, but more than anything else is fantastic with technology!"

Work highlights Won a summary judgment in favor of Affymetrix in a multiparty patent litigation brought by Enzo Biochem and Enzo Life Sciences. The patents at issue related to Affymetrix's GeneChip technology.

Successfully negotiated a settlement between Sequenom and ArcticDx in a six-patent case brought against Sequenom's genetic test to assess the risks of age-related macular degeneration. ArtciticDX dismissed its claims against Sequenom.

Notable practitioners  

Michael Malecek is an experienced patent litigator who works with a number of major players in the biotech and technology industries. A peer described him as "a very fine lawyer; very creative and does a very effective job for his clients."

Significant clients Pfizer, Qualitest Pharmaceuticals, Complete Genomics.

Antitrust - District of Columbia

This firm is classed as a "Other Noted Firm".

Other Noted Firms are firms that are active in this practice area but have not yet been ranked.

Bankruptcy/Restructuring - Illinois

What the team is known for Maintains a well-respected lender-side practice, and has also developed substantial capability acting as debtor's counsel on a range of major Chapter 11 cases. A pivotal part of the firm's international restructuring group, working closely with colleagues in the Los Angeles, New York and London offices to provide a seamless service on significant cross-border matters.

Strengths (Quotes mainly from clients)
"They're very good at providing timely advice, understanding what the commercial issues are that we're dealing with and how the legal issues fit in."  

Work highlights Acted for US Bank, in its capacity as indenture trustee, as well as Bronx Parking Development's majority bondholders, with regard to a substantial restructuring following its default on a $237 million bond offering.  

Represented independent movie producer Morgan Creek Productions in connection with its Bermuda-based affiliate Inverness Distribution's insolvency proceedings.

Notable practitioners  

Managing partner and cochair of the bankruptcy group Michael Solow maintains an active practice advising on bankruptcy proceedings for household-name clients. Interviewees highlight that he is "very smart and a great business attorney." 

Michael Messersmith earns praise for providing "excellent guidance and business counsel," and sources also appreciate that he "understands the importance of time and is very quick in terms of turnaround." He frequently acts for a client base of bondholders, investors and lenders.

Tyler Nurnberg has substantial experience in handling restructurings, bankruptcies and distressed M&A transactions on a national level. He is managing partner of the Chicago office and commentators find him to be "knowledgeable and very smart."

Bankruptcy/Restructuring - Nationwide

This firm is classed as a "Other Noted Firm".

Other Noted Firms are firms that are active in this practice area but have not yet been ranked.

Capital Markets - Nationwide

Basic facts about the department
Key offices include New York and Chicago.

What the team is known for Commended for its expertise on CLOs, CMBS, RMBS, and public and private ABS transactions. Good reputation for its expertise on the securitization of esoteric assets.

Strengths (Quotes mainly from clients)
"They are efficient and they understand the intricacies of securitization."

"They are very well informed, creative and clever."

Notable practitioners  

Henry Morriello is "extremely hands-on" and "protects his clients, but not in a way that alienates the other side," impressed sources say. He is particularly highly praised for his expertise in aircraft securitization matters.

Daniel Hartnett is acclaimed by sources for his "encyclopedic knowledge" of securitization matters. His particular areas of expertise include the securitization of farm credit loans and residential and commercial real estate.

Terry Novetsky "thinks of creative solutions" and "negotiates well in very tough or contentious situations," impressed clients say. He represents financial institutions on an array of sophisticated structured finance transactions.

Lawton Camp recently joined the firm from Allen & Overy. Sources say he is "easy to discuss issues with" and provides clients with "excellent service." His highlights at his previous firm include advising Toyota Motor Credit on the issuance of auto loan ABS totaling more than $5 billion.

Corporate/M&A - Nationwide

This firm is classed as a "Other Noted Firm".

Other Noted Firms are firms that are active in this practice area but have not yet been ranked.

Intellectual Property - Nationwide

Basic facts about the department
Key offices include Chicago, Los Angeles, New York and Palo Alto.

What the team is known for Full-service IP practice spread across the country, covering litigation, prosecution and transactions involving patents, trademarks, copyright, trade secrets and false advertising.  

Strengths (Quotes mainly from clients)
"They were great at explaining to us what we could do to protect our IP, and it did not take them long to become an expert in our area of business."

"They gave very sage, pragmatic advice and they stuck to budgets - they were really a brilliant business partner." 

Work highlights Successfully represented Complete Genomics in two patent infringement cases concerning human genome sequencing brought by Illumina.

Defended Time Warner Cable in a multidistrict patent infringement suit filed by Bear Creek regarding VoIP technology.

Notable practitioners  

Aaron Stiefel in New York and Michael Malecek in Palo Alto cochair the IP department.

Significant clients Bristol-Myers Squibb, GlaxoSmithKline, Hershey, Nintendo, Verizon Wireless.

International Trade - Nationwide

What the team is known for Receives superlative praise for its market-leading CFIUS practice. Enjoys a fine track record for defense and infrastructure work involving a range of clients.

Strengths (Quotes mainly from clients)
"No other firm has the deep experience of Kaye Scholer in this area. They have the relationships and the knowledge, but they're also very practical and really understand our business culture."

"They can express complex legal concepts in a way that allows busy board members and stockholders to quickly understand the important points and nuances." 

"The degree of responsiveness is extraordinary." 

Work highlights Advised French aerospace and security company Safran on the CFIUS aspects of its acquisition of Goodrich Electrical Power Systems.

Notable practitioners  

Leading practitioner Farhad Jalinous is celebrated for his skillful handling of complex and nuanced CFIUS issues. Clients prize his deep understanding of the CFIUS process and his detail-driven, yet pragmatic, approach.

Karalyn Meany Mildorf impresses clients with her ability to explain complex procedure, as well as her approachable manner. She focuses her practice on CFIUS matters.

Significant clients EADS, Global Strategies Group, Onex, Saab, Hawker Beechcraft.

Life Sciences - Nationwide

Basic facts about the department
Key offices include New York, Los Angeles, Palo Alto and Washington, DC.

What the team is known for A potent litigation team with particular expertise in handling intellectual property and product liability litigation. Also fields an active team providing a range of corporate and licensing services.

Strengths (Quotes mainly from clients)
"They are very client-focused and task-oriented - it never occurs to them to do anything less than the best."

"Their team is dedicated and committed to solving the challenges confronting life sciences companies, and is a terrific resource for solving knotty issues."

Work highlights Represented Pfizer in major patent litigation concerning a challenge to its market-leading product, Viagra. Teva Pharmaceutical sought FDA approval to market a generic version of Viagra, which was deemed to infringe the asserted Pfizer patents.

Successfully defended Endo Pharmaceuticals in two class action suits relating to its voluntary nationwide recall of a number of oral contraceptive products.

Notable practitioners  

Gerald Sobel is a significant figure in the intellectual property Bar, and can draw on extensive experience in handling antitrust and patent litigation. He is based in New York.

Significant clients Pfizer, Novartis, Qualitest Pharmaceuticals, Endo Pharmaceuticals, Alcon.

Products Liability - Nationwide

Basic facts about the department
Key offices include New York, Los Angeles and Washington, DC.

What the team is known for Frequently seen as national coordinating counsel of headline product liability litigation. The experienced bench is well versed in handling mass tort mandates in the pharmaceutical and medical device sectors.

Strengths (Quotes mainly from clients)
"They do a terrific job when it comes to responsiveness and have really good client relationships." 

"They really shine when it comes to pharmaceuticals." 

Work highlights National counsel to Pfizer for a number of key product liability matters, including the Reglan and Zoloft litigations.

Part of the national coordinating team for Philip Morris in relation to product liability claims arising in relation to low-tar and 'Lights' cigarettes.

Notable practitioners  

Arthur Brown is described by commentators as "smart, strategic, easy to work with and responsive." His recent work includes acting for AstraZeneca on the Seroquel litigation, preparing key experts for trial. He has also acted for Pfizer and Novartis.

Jay Mayesh has lately been involved in the firm's representation of Knauf Plasterboard Tianjin. Sources identify him as "one of the first people you think of for nationwide litigation." He is particularly highlighted for his ability to develop tactics, with one source describing him as being "as good as it gets for strategy."

Entering the table this year, William Hoffman is also considered "a brilliant strategist who thinks outside the box." He recently acted as national counsel for Pfizer in relation to the Reglan litigation. According to peers, "clients really value his judgment on complex issues."

Pamela Yates is "a terrific oral advocate," who "delivers high-quality service, top-notch analysis and strategy," according to sources. She is well versed in the pharmaceuticals sector, and also offers notable experience in tobacco product liability issues.

Significant clients Boston Scientific, Novartis, AstraZeneca, Qualitest Pharmaceuticals, Lutron Electronics.

Real Estate - Nationwide

Basic facts about the department
Key office is New York.

What the team is known for Regularly advises originators on first mortgage loans, mezzanine financings and preferred equity investments. Areas of expertise also include representing private equity funds and institutional investors in joint ventures, financings, acquisitions and dispositions.

Work highlights Acted on behalf of New York Life, acting as agent for a syndicate of lenders on a senior subordinate loan. The loan was secured by a portfolio of 31 office properties in Southern California with a value of approximately $850 million.

Represented Canadian Pension Plan Investment Board in the $250 million mezzanine loan financing of a hotel portfolio consisting of six properties located in Hawaii and San Francisco.

Notable practitioners  

Warren Bernstein and Stephen Gliatta cochair the firm's real estate practice.

Significant clients Jefferies LoanCore, Deutsche Bank, Greenfield Partners, RBS, Canada Pension Plan Investment Board.

Transportation - Nationwide

Basic facts about the department
Key offices include New York and Chicago.

What the team is known for Represents major operating lessors and lenders in complex transactions, with a particular emphasis on aircraft portfolio acquisitions and securitization transactions, and a prominent reputation in the private jet space.

Strengths (Quotes mainly from clients)
"Very solid. Both corporate and entrepreneurial."  

Work highlights Represented Wheels Up in what is considered the largest order of propeller-driven aircraft in history, for up to 105 King Air aircraft and maintenance service in North America and Western Europe from Beechcraft for $1.4 billion. 

Advised eight financial institutions as lessors and lenders to American Airlines in leveraged lease structures following the Chapter 11 proceedings of its parent company AMR.

Notable practitioners  

Michael Mulitz has a solid reputation for his work in jet aircraft and helicopter transactions, including acquisition leasing and financing and portfolio sales. One impressed client claims that "his dedication to the projects is commendable. He has vast knowledge of the aviation space, and many connections."

Significant clients HSH Nordbank, Comair, SunTrust Equipment Finance and Leasing. 

Antitrust - New York

This firm is classed as a "Other Noted Firm".

Other Noted Firms are firms that are active in this practice area but have not yet been ranked.

Bankruptcy/Restructuring - New York

This firm is classed as a "Other Noted Firm".

Other Noted Firms are firms that are active in this practice area but have not yet been ranked.

Corporate/M&A - New York

What the team is known for Popular M&A group with clients in IP-heavy sectors, including technology and life sciences. Represents both corporate clients and private equity firms.

Strengths (Quotes mainly from clients)
"I enjoy working with Kaye Scholer because the results are fantastic and the people are easy to work with. I would recommend them to buyers and sellers in the corporate M&A space."

"I always finish a project feeling like the job has been done well and at a reasonable rate. There is good value for the money and they appear to be genuinely interested in developing long-term relationships."

Work highlights Acted for Onex on its $2.3 billion acquisition of USI Insurance Services from a fund managed by Goldman Sachs, and on its sale of Center for Diagnostic Imaging to Insight Imaging.

Acted for The Cooper Spirits Company on the purchase of its artisan elderflower liqueur product by Bacardi.

Notable practitioners  

Cochair of the Canada group Joel Greenberg is a "very experienced lawyer with excellent judgment," according to clients. He has a particular focus on cross-border M&A, as well as advising companies on corporate governance.

Clients praise corporate department cochair Emanuel Cherney as being "responsive, creative and highly experienced," and particularly appreciate that he "works well with opposing counsel." He counsels on strategic M&A and private equity transactions, as well as corporate governance matters.

Significant clients Pfizer, Sundance Holdings Group, Med Opportunity Partners, Novartis, Moelis Capital Partners.

Intellectual Property - New York

What the team is known for Well regarded for patent litigation, including the coordination of international disputes on behalf of multinational clients. A prestigious client following in pharmaceuticals and life sciences, as well as in the internet, media and consumer electronics spaces.

Strengths (Quotes mainly from clients)
"They know the science inside out and present their arguments very well."

"They counseled us wisely and also worked with opposing counsel in a manner that all firms should follow."

Work highlights Succeeded in preserving Pfizer's patent exclusivity for Viagra, fending off a challenge by Teva to develop and market a generic version.

Representing Time Warner Cable in a 12-patent suit filed by Sprint Communications regarding VoIP technology.

Notable practitioners  

Benjamin Hsing concentrates principally on patent litigation in the life sciences and pharmaceuticals space. A former patent examiner, he is a favorite of high-profile branded drug companies.

Gerald Sobel is described by sources as "one of the top attorneys nationwide" for patent litigation, and as a special counsel continues to advise major names in life sciences on case strategy.  

Significant clients Astellas, Bristol-Myers Squibb, GlaxoSmithKline, Nintendo, Sanofi.

Litigation - New York

What the team is known for Highly regarded litigation department with substantial expertise in complex commercial matters. Experience in handling a wide range of disputes including construction claims, business torts and shareholder actions. Also able to assist clients with securities litigation issues and white-collar criminal defense work.

Strengths (Quotes mainly from clients)
"Their service is remarkable in terms of their responsiveness. What I like about the firm as a whole is that there might be lawyers working in different areas, but they collaborate and work effectively toward a unified business goal. "

"They are very knowledgeable of the law and they very quickly got to the root of the true issues."

Work highlights Acted for Lutron Electronics in multiple litigation proceedings including patent infringement and general commercial disputes.

Lead counsel to Derfner in litigation brought against the client in relation to ownership of multiple properties.

Notable practitioners  

Vincent Sama handles significant securities litigation for major clients in the New York market. Sources note that "he effectively integrates business knowledge and practical instincts with his mastery of the law and court procedures in solving complex legal problems." His recent work includes representation of the former chief financial officer of AIG, Howard Smith, in a high-profile securities fraud class action.

"Safe pair of hands" Aaron Rubinstein has significant experience in handling general commercial disputes and complex securities litigation. His notable highlights include representation of Bank of America in an action resulting from the bankruptcy of American Home Mortgage. 

"Very practical and results-oriented" Michael Rogoff is praised for his "excellent legal skills and tremendous communication skills." He focuses his practice on white-collar criminal defense work. Sources note that "he brings sharp, strategic judgment to bear in a broad scope of litigation matters."

Significant clients Renco Group, Celestica, HSH Nordbank, Boston Scientific, Bank of America.

Real Estate - New York

What the team is known for Represents both US and overseas financial institutions and investors on a diverse array of matters. Key areas of expertise include loan originations, complex financings and acquisitions, and workouts and restructurings.

Strengths (Quotes mainly from clients)
"They have good leadership, strong market knowledge, and a deep bench both at the partner and associate levels."

"Kaye Scholer is service-oriented. The attorneys are extremely hard-working and will work long hours over nights, weekends and holidays to meet deadlines."

Work highlights Represented Canadian Pension Plan Investment Board on the $250 million mezzanine loan financing of a six-hotel portfolio in Hawaii and San Francisco.

Advised Jefferies LoanCore on $74 million of mortgage and mezzanine financing for Christown Spectrum Mall in Phoenix, Arizona.

Notable practitioners  

Warren Bernstein is "savvy and knowledgeable about the real estate market," and "understands the business and legal issues," say clients. He recently advised New York Life as agent for a syndicate of lenders on a loan transaction secured by 31 Southern California office properties.

Commentators praise Stephen Gliatta for being "very focused on trying to find solutions." He is a frequent choice for institutional lenders to represent them on the origination and securitization of first mortgage debt and mezzanine loans.

Significant clients Deutsche Bank, Prime Finance, RBS, Wells Fargo, Jefferies LoanCore, Canada Pension Plan Investment Board.

Technology - New York

What the team is known for Provides advice in cutting-edge technology transactions, including those related to cloud computing, big data and mobile applications. Supported by the firm's strong and established patent practice, with experience in formulating both defensive and offensive IP strategies.

Strengths (Quotes mainly from clients)
"They were excellent, very approachable, always available, and came up with very good ideas and solutions to the problems we faced."

"I have been very impressed by the firm. They strike me as being very efficient and I've never had any difficulty in getting hold of anyone." 

Work highlights Acted for a multinational company on matters arising from a hacking scandal causing significant pecuniary damage.

Advised a large financial institution on optimizing its online systems to integrate the use of mobile applications and social media.

Notable practitioners

William Tanenbaum attracts high praise for his ability to size up a situation and come up with efficient steps to build a desired deal, with one client observing: "He reminds me of one of those Savile Row tailors who devotes a long career to customizing suits for satisfied clients." He is also appreciated for keeping himself "right at the forefront" of developments in the technology sector.

Significant clients Novartis, Morgan Stanley, State of Washington, Avis, Pitney Bowles.