Profile: Kirkland & Ellis LLP

Kirkland & Ellis LLP - Who's Who Legal '70'

What is the Who's Who Legal '70'?

In 1994, Kirkland opened its first international office in London, to complement the corporate and commercial strengths of its bases in Chicago; Washington, DC; Los Angeles; and New York. Since then, the firm has expanded its national platform with the addition of an office in San Francisco in 2003, and has also grown internationally to include offices in Munich and Hong Kong. This global presence translates into 37 listings in this book in 15 practice areas.

PRIVATE FUNDS
Fund formation work is one of the firm’s greatest strengths, and has provided much of the platform for growth outside the US. The firm has represented over 200 unique private fund sponsors in raising nearly $260 billion of new capital for more than 300 funds since 1995.

In the past year, Kirkland & Ellis has benefited in the rankings from its recent transatlantic hires, bringing this “top-notch” group’s total of practitioners up to seven. The main body of the firm’s lawyers on our private funds list is based in Chicago. Kevin Evanich was described as “fabulous” and noted by sources for his representation of gatekeepers and other major funds investors. Bruce Ettelson is rated as “top” for fund formation work, as was Chris Kallos, who also excels at spin-off work. Jack Levin is regarded as a “pioneer in the area” and remains a “well-known figure in the community”. New York practitioner Kirk Radke represents the firm in the nation’s financial capital, bringing 20 years of funds experience to bear in his “well-respected” practice. The firm’s “formidable reputation” was strengthened on the other side of the Atlantic with the high-profile hires of Mark Mifsud and Richard Watkins from SJ Berwin LLP. According to competitors, the pair have “made quite a splash”: Mifsud is rated as “one of the best in town” by our sources, while Watkins is considered “great to deal with on the other side” of a deal.

CORPORATE and FINANCE
Kirkland & Ellis is particularly strong for corporate work. Jack Levin is one of three partners featured in the M&A chapter. The “godfather of private equity”, he received a large number of nominations for his transactional practice. Scott Falk is “pre-eminent among the new generation of M&A players” and is representing Molson Coors Brewing Company in its joint venture with SABMiller to combine their US operations. In the New York office, Stephen Fraidin recently advised Paxar Corporation in a $1.3 billion transaction and Community Health Systems in the $6.8 billion acquisition of Triad Hospitals. We also identify Fraidin as an expert in corporate governance. Alongside him comes Carter Emerson, of counsel to the firm and a “well-recognised authority” in this field. He is said to be particularly strong on the impact of governance reforms on executive pay and compensation committees, and is also regarded as “very good on the governance aspects of restructurings”.

Emerson is one of two partners to appear in the capital markets chapter; he is said to be “well established in the top tier” for his IPO work. Kenneth Morrison is developing a “stellar reputation” in this area, and has represented General Motors Acceptance Corporation in multiple offerings totalling over US$100 billion of asset-backed notes, owner trust certificates and grantor trust certificates backed by pools of retail automobile loan receivables and dealer floorplan receivables.
“Leader of the Bar” Jack Levin makes his third appearance in the corporate tax chapter, and his “encyclopedic knowledge of the tax issues of acquisitive transactions” was much admired. Jeffrey Sheffield is “top-tier for tax planning” and “stands out” in the research, while Patrick Gallagher in New York is a “wonderful lawyer”, lauded for his knowledge of the federal income tax aspects of transactions, both domestic and cross-border.

Richard Cieri is among the most highly regarded in New York in the insolvency and restructuring research. His debtor work was described as “second to none”. Theodore Freedman is a senior partner in the New York restructuring group and similarly well recommended, while Richard Wynne leads the West Coast restructuring practice in the Los Angeles office and is known as a “first-class operator”, particularly for his work on the chapter 11 reorganisation of Conseco.

DISPUTES
David Bernick in Chicago represents Kirkland in the commercial litigation and product liability chapters. Described as “the complete package”, Bernick represented Apple in class actions relating to iPod and is also recognised for his pharmaceutical litigation – he was national counsel for Abbott Laboratories in multidistrict litigation concerning a weight loss drug. In addition, he was commended for the quality of his representation of American Tobacco, Philip Morris, Imperial Tobacco and British American Tobacco, among others, in various cases brought by the US Department of Justice, several states, unions, asbestos companies and insurance plans against the tobacco industry.

The business crime practice was further strengthened by the 2007 lateral hire of Mark Holscher from O’Melveny & Myers’ Los Angeles office. A “heavyweight” in the market, Holscher joins Laurence Urgenson in the following pages. Based in DC, Urgenson is a former acting deputy assistant attorney general and chief of the fraud section for the US Department of Justice’s Criminal Division and a “major player” in this area.

INTELLECTUAL PROPERTY
Kirkland performs well in the chapters relating to intellectual property, and Robert Krupka, co-head of the IP group and based in the Los Angeles office, appears in both the patent and trademarks chapters. He has tried more than 60 cases to judgment, including 12 jury trials to verdict. The firm’s trademark practice is said to be “highly established and well respected”, and Krupka is joined by the “first-rate” James Amend from the Chicago office. On the patent side, John Desmarais from the New York office received multiple plaudits for his successful trial work on behalf of Alcatel-Lucent in their patent infringement battle with Microsoft. William Streff in Chicago stood out for technology-related patent work.

REGULATION, COMMUNICATION AND OTHER AREAS
Kirkland is “very well regarded for antitrust work” and lawyers from the firm have acted as lead trial counsel in civil antitrust cases for Dow Chemical, Kraft, Whirlpool, Weyerhaeuser, BP America, General Motors and ExxonMobil, among others, and are also known for gaining antitrust clearance for thousands of transactions. The four competition lawyers from the firm that we recognise, are divided between the New York and Washington, DC, offices. In the capital, Tefft Smith’s “hugely impressive” litigation practice in this field drew admiring comment; he has experience of cases throughout the US, including before the Supreme Court, and he has tried over 30 cases to verdict. Mark Kovner is a “really great” lawyer. Robert Robertson in the Chicago office is “highly recommended” and formerly served as senior litigation counsel for the Bureau of Competition at the Federal Trade Commission. His colleague James Mutchnik was recommended as an “experienced criminal antitrust” practitioner.

The new internet and e-commerce chapter brings two newly featured lawyers from the firm to the publication. Stephen Johnson was deemed to be “at the height of his career” by our sources, and the “well regarded” Gregg Kirchhoefer also appears.

Kirkland & Ellis’ contingent is completed by partners in two further chapters. John Irving is of counsel to the Washington DC office and regarded as “extremely eminent”; he appears in the labour and employment chapter. The final partner to appear is Stephen Tomlinson in the Chicago office. Senior partner of Kirkland’s real estate practice group, he is recognised for his “technical genius”, and specialises in a range of areas including complex real estate transactions and REITs.