Most Highly Regarded Firms: California 2009 - Commercial Litigation
Litigation tends to be a robust practice, through good economic times and bad, according to sources, who point to an increase in securities-related disputes as a result of global financial turmoil.
Thirty-four practitioners appear in this edition, representing 18 law firms - a more diverse platform than in previous years. With the dissolution of Heller Ehrman LLP, the litigation team has broken up and lawyers have begun to carve out practices in new firms.
Two - Laurence Popofsky and Robert Rosenfeld - have gone on to represent their new firm, Orrick Herrington & Sutcliffe LLP in this edition. The firm has a "renowned international litigation practice," and has represented clients such as PricewaterhouseCoopers LLP, BNL Investment Bank and Nanya Technology Corporation.
A "dean of the Bar", Popofsky's high-profile work includes successfully representing Continental TV before the US Supreme Court and he has also successfully represented Visa USA. Rosenfeld is "wonderful on complex cases" and focuses principally on acting for financial institutions, including Bank of America and KPMG International.
Former Heller chairman Matthew Larrabee joined Dechert LLP in October 2008 and is "very highly regarded" for his "extensive trial and appellate experience", acting as lead counsel for clients in the pharmaceutical, financial services, healthcare and software sectors. Douglas Schwab, now at Hogan & Hartson LLP is "fantastic for securities and professional liability work" and he has defended clients from industries such as hardware and software, telecommunications, consumer buying clubs and public utilities.
Bingham McCutchen LLP is one of three firms to bump its contingent up to four practitioners this year. Litigation co-chair Donn Pickett "belongs on any list of top litigators", according to sources. The "terrific" David Balabanian also heads up the litigation practice. A "trusted counsel with a great track record", he has represented clients such as Danone Asia and Oracle. Bruce Friedman and Marshall Grossman complete this "top flight team."
Keker & Van Nest LLP is a "litigation heavyweight in the state" and John Keker and Robert Van Nest received an enthusiastic response from contributors to the survey. Keker has represented Google, Cadence Design Systems and Genentech in high-profile litigation. Van Nest is "called upon for tough cases", such as representing founding partners of the Oakland Raiders Football Club in breach of fiduciary duty litigation and Honda in multi-district litigation and class action involving over 100 automobile dealerships and a class of over 1,000 dealers. Also highly recommended are Jan Nielsen Little and Elliot Peters.
"Nationally and internationally recognised for excellence," Skadden Arps Slate Meagher & Flom LLP has represented clients such as Merrill Lynch, DaimlerChrysler and Chiron Corporation. In March 2008,the firm represented the former chief financial officer of Bristol-Myers Squibb, winning a pre-trial decision in a securities fraud case.
"Heavy hitter" Raoul Kennedy was praised by many for his "deft handling of complex cases." Co-head of the firm's West Coast litigation department James Lyons is also "well regarded and respected." His work includes representing Apollo Advisors in a successful California Supreme Court appeal. Richard Marmaro and Thomas Nolan join the pair to complete a "fabulous litigation contingent."
Munger Tolles & Olson LLP is "a great choice for bet-the-company litigation." Ronald Olson is a "stand-out practitioner", noted for, among other matters, his representation of the board of directors of Yahoo in connection with Microsoft's proposed takeover and the Google outsourcing contract. John Spiegel is "well known, especially for securities litigation". This includes representing clients such as Northrop Grumman, Occidental Petroleum and Mattel. Brad Brian is "one to call for tough, high-pressure cases," according to peers who noted his representation of clients such as Boeing, AXA Financial and PetsMart.
Jones Day has a "formidable national and international practice", according to interviewees. The firm represented Woody Allen in a breach of contract action and the Children's Broadcasting Corporation in a trade secrets and breach of contract action against ABC Radio Networks and Walt Disney. Brian Sun "has a steady pair of hands, even in very tricky cases," according to competitors.
Robert Mittelstaedt is partner-in-charge at the San Francisco office. His work includes high-profile cases such as obtaining a declaration that a rent control law in Hawaii was unconstitutional. Clients include Apple, ChevronTexaco and SEGA of America. Elwood Lui is "highly successful," having represented clients including Williams Power Company, RJ Reynolds Tobacco Holdings and Verizon Wireless.
Morrison & Foerster LLP is home to the "distinguished" James Brosnahan and Melvin Goldman. Brosnahan is the author of the Trial Handbook for California Lawyers and renowned for his "stellar practice". He achieved the successful defence of Reliant Technologies in a jury trial and the dismissal of charges against former chair of the board of Hewlett-Packard Patricia Dunn. Melvin Goldman is a "senior statesman" who has defended Bank of America, Wells Fargo Bank and Coca-Cola.
O'Melveny & Myers LLP's Seth Aronson stands out in the research as "one of the very top, both in the state and further afield." His securities litigation practice received particular praise. At Cotchett Pitre & McCarthy, name partner Joseph Cotchett is a "legend" of the State Bar, who has worked on a range of high-profile cases.
Pierce O'Donnell of O'Donnell & Associates is "a star," according to peers. He recently led the team that obtained a $1.9 billion settlement from Sempra Energy and was co-lead counsel of a team that obtained a $1.7 billion settlement from El Paso National Gas in the California energy crisis litigation. He has also represented Firestone.
Gibson Dunn & Crutcher LLP's Robert Cooper is "fantastic for business tort," especially representing airlines; he has represented American Airlines in a number of cases. The "excellent" John Quinn at Arnold & Porter LLP and the "brilliant" Marc Marmaro of Jeffer Mangels Butler & Marmaro LLP also make the cut.
John Quinn of Quinn Emanuel Urquhart Oliver & Hedges LLP is "original, intelligent - a cut above," according to one impressed source. His clients include Peregrine Systems and Mattel. Anthony Murray of Loeb & Loeb LLP is a "stalwart" of the litigation Bar whose clients have included Bertelsmann AG, Texas Eastern Corp, Jordache, Sears Roebuck and Nickel Enterprises.
Bertram Fields of Greenberg Glusker Fields Claman Machtinger & Kinsella LLP is an "entertainment lawyer of the highest calibre", with celebrity clients such as Warren Beatty and Madonna. He has represented studios and talent agencies, directors and writers among other clients that also extend beyond the entertainment industry. Bruce Vanyo, co-chair of Katten Muchin Rosenman LLP's securities litigation practice also come highly recommended for his "unflappable demeanour and inventive approach." He has represented Krispy Kreme Doughnuts, Sun Microsystems and Boeing, among other clients.