Editorial: Management Labour & Employment

01 June 2007

Once again the US dominates, with 142 individuals (from 30 states) making up a sizeable proportion of the publication.

Paul Hastings Janofsky & Walker LLP has a strong claim as the leading firm for management labour and employment work. The best represented firm in number (with 10 people – three of whom appear in the list of the practice area’s elite), it is also home to one of the most nominated practitioners: Paul Grossman, who was described to researchers as “outstanding” and “top notch, particularly in employment discrimination”. A founding member of the College of Labour and Employment Lawyers, Grossman is also the general counsel of the California Employment Law Council, an organisation of approximately 50 of California’s largest employers. Nancy Abell and Barbara Berish Brown join Grossman on the list of this edition’s most nominated. Abell is also based in the Los Angeles office and is chair of the firm’s 200-lawyer employment law department. With a reputation as “a very strong and very prominent” practitioner she remains in the top tier of the research for a second consecutive year. Brown also “deserves to be on the list, no question”, according to one source who also noted her “brilliant and broad employment practice”. Zachary Fasman is chair of the New York office’s employment law department. The “extremely strong” Fasman is known for his work representing management in labour relations, equal employment and employee benefit matters and litigation. New York is also home to the “outstanding” Erika Collins. She chairs the firm’s international employment law practice group and was praised as “extremely internationally minded”. Her cross-border work sees her engaged in a wide variety of employment matters across Europe, Asia and the Americas for public and private companies. Collins is also chair of the International Employment Law Committee for the American Bar Association. Geoffrey Weirich is based in Atlanta and is the 2006-2008 management chair of the equal employment opportunity committee of the American Bar Association’s section on labour and employment law. Weirich’s “sophisticated practice” includes acting as nationwide coordinating counsel for the Boeing Company on a series of gender discrimination class actions. Two of the cases resulted in extremely favourable rulings. He also gained praise from his peers for his academic activities, primarily for his role as editor-inchief of the fourth edition of B. Lindemann & P. Grossman, Employment Discrimination Law (2007). John Wymer is another “leader in the field” who joins Weirich in the upper ranks of the research. Paul Cane chairs the firm’s appellate practice group and represents management with “tremendous conviction and gusto”. Kirby Wilcox joins Cane in the San Francisco office is “great” at both litigation and counselling. The firm’s US strength was complemented in 2005 with the addition of Christopher Walter to its London office. Walter chairs Paul Hastings’ London employment law practice group and is recognised by clients and peers alike as “really very good”.

Seyfarth Shaw LLP can also boast an exceptional presence in the US with nine listed practitioners. Five of these are based in Chicago. The “excellent” Gerald Skoning is chairman of the labour management relations committee of the Chicagoland Chamber of Commerce and faculty member of the National Employment Law Institute and member of the Advisory Board. The “wellknown” Robert Mignin is senior vice-chair of the employment and industrial relations law committee of the International Bar Association and has a wide reaching labour and employment practice. Camille Olson also has a “great reputation”. She currently serves as a member of Seyfarth’s labour and employment law steering committee and as national chair of its complex discrimination litigation practice group and is “at the very top when it comes to sexual discrimination matters”. Joel Kaplan is a “very good labour lawyer [who] belongs on the list”. Kaplan’s experience lies in traditional labour relations law, including National Labour Relations Board (NLRB) cases. A seasoned and “skilled litigator” and “consummate professional”, Kaplan was consistently noted for his experience in complex employment cases. Clients include Cintas, who he successfully represented in an unfair labour practice hearing, and Goodyear Tire & Rubber Co, who have relied upon Kaplan for counsel since the 1990s. gerald maatman focuses on defending employers sued in employment-related class actions and Equal Employment Opportunity Commission (EEOC) pattern and practice lawsuits. From the Los Angeles office, David Kadue concentrates his practice on litigation principally in the defence of claims for workplace harassment, wrongful termination, and employment discrimination. Gilmore Diekmann from San Francisco is “a litigator of consummate skill”. Peter Chatilovicz is the managing partner of the Washington, DC office and heads its labour and employment group. His “strong reputation” was noted by a number of competitors. Chatilovicz is chief labour counsel for the Hotel Association of Washington, DC and his work in this area has certainly not gone unnoticed by those we spoke to. Robert Nobile, from the New York office, brings a background in human resources, and litigation skills to the table. One source said he “provides first rate counselling”.

Morgan Lewis & Bockius LLP fields eight nominees. The firm was described as having a “premier national footprint in the labour and employment law market”, with multiple offices in virtually every ‘money centre’ city in the United States (and some overseas cities) and “top quality, highly professional labour and employment law practitioners”. It can also boast the top nominee: Mark Dichter. The “fabulous” Dichter received overwhelming support in the nomination process. He is chair of the firm’s global labour and employment practice and “one of the most respected employment lawyers in America”, according to one source. His work on class actions, as well as his efforts on behalf of the State of Oregon were strongly recommended. Three other leading individuals join him from the Philadelphia office: Timothy O’Reilly, Steven Wall and Francis Milone. Chicago based Barry Hartstein was described as a “truly excellent lawyer” who“works extraordinarily hard for employers”. Charles Cohen’s practice is complemented by two years’ service as a member of the National Labor Relations Board. Harry Rissetto was also recommended from the Washington DC office. His clients include companies and associations in the airline, railroad and trucking industries. “Terrific” Russell Hamilton gives the firm a presence in the Florida section. Hamilton represents employers, employer associations, and employee benefit plans and fiduciaries. Proskauer Rose LLP can boast the inclusion of one of the most nominated individuals. The “excellent” Howard Shapiro is “a big name” in the market, known for his expertise in benefits and his high-profile work as an ERISA litigator. In 2006, Shapiro was appointed a member of the ABA Board of Governors after chairing the section on labour and employment law from 2004 to 2005. Clients and peers regard Bettina Plevan as “outstanding”. Based in the New York office, Plevan co-chairs Proskauer’s international labour and employment practice. She also has an active counselling and litigation practice for clients in industries as diverse as banking and finance, healthcare, entertainment, publishing and consumer products. Howard Ganz works alongside Plevan as co-chair and holds the same position in the firm’s sports law group. He has served as principal outside labour counsel for the NBA for over 20 years. He also represents and counsels major US companies in a wide variety of labour and employment matters. Allen Fagin is the former co-chair of the labour and employment law department and is now Chairman of the firm. A prolific speaker and writer, Fagin specialises in litigation in the telecommunications, transportation, health care, insurance, legal services, utilities, financial services, entertainment and manufacturing industries. The “extremely bright” Allan Weitzman is, like Fagin, a well known author. He is the “Corporate Brief ” columnist on labour and employment law topics for National Law Journal. Robert Batterman’s practice includes representing both individual employers and multi-employer groups in union relations and collective bargaining. Another member of the sports law group, he serves as labour counsel to the National Hockey League and Major League Soccer. The firm is given an international presence in this edition by the inclusion of the “brilliant” and “very active” Yasmine Tarasewicz in France. Tarasewicz is head of the labour law practice in the Paris office and co-chair of the firm’s international labour and employment law group. With an “impressive practice” that places particular emphasis on the labour aspects of large corporate reorganisations, she advises French and international clients in France and Europe.

Epstein Becker & Green PC has five “topnotch people” selected for this edition, spread across three states. Ronald Green, Evan Spelfogel and Peter Panken are from the firm’s largest office in New York. Green is co-founder of the firm and manages the firm’s national labour and employment law practice. Praised by several sources as “prominent” and “a major player”, he is known for his high-profile representation of Dresdner Kleinwort Wasserstein Securities LLC in a sexual discrimination case brought against it in 2006. Frank Morris heads the labour and employment practice in the Washington, DC office and according to one source is “one of the top employment litigators in the state”. Michael Casey is particularly well known for handling union elections and unfair labour practice charges. Still in the US, Andrew Kramer from Jones Day in Washington, DC has a “very high profile domestically” and appears on the list of the practice area’s elite. He has represented clients from the automotive, automotive parts, aluminium, steel bearings, newspapers, tires, electrical, insurance, hospitality, shipbuilding, packaging, banking, and oil and gas industries in labour and employment matters and is also the firm’s client affairs partner. Willis Goldsmith in New York, Roger King from Columbus and Lawrence DiNardo from Chicago complete the firm’s nominations.

The “excellent” Gary Siniscalco draws the spotlight onto Orrick Herrington & Sutcliffe LLP, with an exceptional performance in the research. A former regional counsel and senior trial attorney for the United States Equal Employment Opportunity Commission, Siniscalco has “an enviable national and international practice” with specialties in premeditated advice and compliance. Clients include Newsweek and Business Objects. Lynne Hermle from California and Michael Delikat from New York also appear.

In Canada Heenan Blaikie LLP is the clear market leader, with five individuals receiving sufficient nominations. It can also boast the country’s most nominated practitioner, Roy Heenan. Heenan appears among the elite nominees. Founder and chair of the firm, he is described as “the dean of labour lawyers”. Danny Kaufer is known for his expertise in dispute resolution, particularly through arbitration and mediation. Moving from Quebec – where both Heenan and Kaufer are based – to Ontario, Brian Burkett from the firm’s Toronto office is “one of the best”. As well as corporate defence and strategic advice, Burkett has also been involved in the development and design of labour law policy at both federal and provincial levels. Douglas Gilbert, who works alongside Burkett in Toronto, is well known for his efforts on behalf of employers in the federal and provincial sectors, helping them to shape labour policy. Finally, we recognise Peter Gall in British Columbia. Gall represents clients in both the public and private sectors and was praised by one fellow nominee as “a solid practitioner”.

International Firms

The continued consolidation of trans-national companies and the breakdown of trade barriers has seen business being conducted on an ever increasing global scale, creating the need for companies with human resources and personnel strategies that fit this worldwide model. Firms with knowledge of local regulations in multiple jurisdictions are well placed to offer advice to international clients. Baker & McKenzie flexes its international muscle with eight individuals from seven different cities. Günther Heckelmann in Frankfurt appears alongside two practitioners listed in Spain. Alejandro Valls in Barcelona was described to researchers as “really very good” and Eduardo Garcia-Calleja from the Madrid office was also highly recommended. In London, Christine O’Brien’s broad practice “stands out” and competitors hail her as a “very shrewd operator”. We also recognise the “well known and well respected” Joseph Van Vlijmen from the Amsterdam office. Van Vlijmen counsels corporate executives at companies such as General Electric, Mc- Donald’s and CB Richard Ellis. Brussels-based François Gabriel is superb according to sources. In Toronto, Stewart Saxe is well known for his work regarding maintaining non-union status. Jorge de Regil from Mexico City joins this “fantastic team”, adding his “expertise in executive compensation” to the firm’s impressive capabilities.

The international powerhouse of Freshfields Bruckhaus Deringer has six nominees from four cities. The most nominated of these is Pascale Lagesse, “one of the true leaders” according to a source. She heads the labour law group in Paris, where she is joined by Gilles Bélier, who specialises in advising companies on multifaceted national, international and trans-national issues. He also teaches the employment law seminar at the University of Paris X Nanterre. Stefan Köck, who deals primarily with matters regarding corporate restructurings, mergers and acquisitions and public takeovers, was praised as “superb” by one competitor. The firm has a strong presence in Germany, with three listings on the following pages. Klaus-Stefan Hohenstatt from Hamburg received the most votes among this trio and is head of the employment, pensions and benefits practice group. heinz Willemsen from Düsseldorf was recomended as a “superstar” for his work as legal adviser to large and medium-sized German and international companies particularty regarding reorganisation, merger and the transfer of business units. Also in Düsseldorf is Thomas Müller-Bonanni, a “share schemes expert” with an impressive client list, which includes Bayer, Degussa, E.ON, Karstadt, QVC, RWE, Vossloh and WestLB.

Simmons & Simmons can also offer clients advice on an international scale. We feature highly-rated individuals in the Far East, Central and Western Europe. Fiona Loughrey is “undoubtedly the leader in Hong Kong” – and this was certainly reflected in the results of our survey. César Sá Esteves, head of the employment department in Lisbon, is “great for international secondment issues” on both the contentious and non-contentious sides. He regularly deals with senior executive appointments and severance packages. Managing partner of the London employment practice, Simon Watson, is “very good”; and Mark Hewland at the same office is said to be “impressive”. This duo is part of what is recognised as “the go-to firm for companies in the financial services sector”.

England

Our research identifies 37 practitioners from this thriving market. Two firms stand out here: the aforementioned Simmons & Simmons and Lewis Silkin. A trio of experts appear for Lewis Silkin, spearheaded in the voting by James Davies. One source was adamant: “Davies is in my top five internationally”; others highlighted his “extremely good reputation”. He has represented law firms in sexual discrimination matters and advised businesses on the transfer of undertakings (protection of employment (TUPE)) regulations. The “wonderful” michael burd is equally well regarded and, together with Davies, heads the firm’s employment and incentives practice. Russell Brimelow in Oxford has a wide variety of clients – a number of which hail from the media sector – including a movie company, a US TV network, UK commercial radio company and international music video broadcasting company.

London has seen some high profile lateral moves; one of the most prominent being the “brilliant” Fraser Younson’s move to Berwin Leighton Paisner LLP. His nomination gives the firm its debut in this chapter. Younson is head of the employment incentives and pensions group and “a leader for discrimination matters”. Another high-profile relocation since the last edition is the departure of Ronnie Fox from Fox Williams LLP to set up the employment boutique, Fox. Clients and peers alike admire“his real strength in the courtroom”, and many pointed to his role as founder and president of the Association of Partnership Practitioners. Despite the departure of its founder, Fox Williams LLP remains a prominent player in London with Jane Mann and Mark Watson receiving praise. Mann is head of the firm’s employment department and handles complex employment litigation. Our sources noted that clients were “very impressed by her”.

Europe

Allen & Overy LLP also has a very strong London-based contingent with the City’s most nominated individual among its ranks. People “have heard really good things” about Mark Mansell, who before entering private practice was legal adviser to the CBI Employment Affairs Directorate. Karen Seward joins Mansell from the London office. Described to researchers as “highly effective”, Seward is head of the workplace surveillance group and has a focus in the areas of dignity at work and workplace bullying. In Belgium, Pieter De Koster specialises in multi-national employment issues. Leonard Verburg comes highly recommended for works council issues. Ferdinand Grapperhaus, also in Amsterdam, was described by one source as “one of the best in Holland” for his representation of clients in court.

Linklaters also has an impressive European spread, around a strong UK core. Raymond Jeffers is head of the firm’s employment group. Regarded as “a venerable competitor” Jeffers advises both public and private sector clients on all aspects of employment law. Catrina Smith, who brings her “solid reputation” to the table, is well recognised in the London market. Anders Nordström from the Stockholm office has particular expertise in the employment issues surrounding mergers and acquisitions and is a “very strong performer”. This list is brought to a close with Luc Vanaverbeke from Linklaters De Bandt in Antwerp. With a focus on individual and collective labour law, Vanaverbeke advises both national and foreign corporate clients and individuals.

Hubert Flichy of Flichy & Associés is the most highly nominated practitioner in France. A former chairman of the European Employment Lawyers Association, Flichy has considerable expertise in the area of collective disputes launched by trade unions. He is also listed on the breakdown of the practice area’s elite. Claire Toumieux was also consistently endorsed – she was described as “great” and “a leader in the making”.

In Germany, Gleiss Lutz and CMS Hasche Sigle match Freshfields in terms of numbers, each fielding three partners. CMS Hasche Sigle boasts the country’s most nominated individual, Gerlind Wisskirchen. “One of Germany’s leading female lawyers”, Wisskirchen “does a lot of international coordination on cross border employment matters”. Björn Gaul joins Wisskirchen from Cologne and was described to researchers as “incredibly smart and successful”, with particular expertise in boardroom co-determination. In Munich, Dieter Straub is similarly well regarded. Gleiss Lutz matches CMS Hasche Sigle’s tally, with Martin Diller emerging “at the very top”. One source correctly noting, “everyone will tell you that he is the leader”. Diller’s particular focus is on works constitution, collective bargaining and restructurings and outsourcing matters, for German and foreign clients. Jobst-Hubertus Bauer has a “great name” in the market. Both he and Diller are joined from the Stuttgart office by the “fantastic” Gerhard Röder. In Denmark Norrbom & Vinding Advokat- firma combines strength and depth with both name practitioners each gaining more votes than any other Danish nominee. The “two leaders” are Mariann Norrbom and Jørgen Vinding. Norrbom’s “international profile” complements Vinding’s reputation for “fantastic cross-border work”. Another employment firm whose founders retain a high profile in the industry is Belgium’s Claeys & Engels. The firm was praised by competitiors as “exceptional…clearly the leader in Belgium, head and shoulders above”. Thierry Claeys “definitely deserves his position at the top” and is known for his work on collective bargaining agreements. Chris Engels also has “a long-standing reputation” in dismissal law with a “real knowledge of the European Works Council”. Both names feature on the list of the most highly regarded individuals.

Another name to grace this list is Franco Toffoletto of Toffoletto e Soci in Milan. Chairman of the European Employment Lawyers Association, Toffoletto received more nominations during the research than any other practitioner in Italy and was described by one source as a “superstar”. Ian Moore from A&L Goodbody is Ireland’s most highly nominated practitioner. Moore heads up the employment law team at the firm and is especially proficient in dealing with issues arising from transfers of business and outsourcings.

Rest of the World

In the Australia section Clayton Utz and Freehills take the lion’s share of the market, with three nominees from each firm. At Clayton Utz the “very good” Joseph Catanzariti leads the national practice group on workplace relations and employment law. As well as advising companies Catanzariti has in the past been an adviser to Federal, State and Territory Governments and divides his time between Canberra and Sydney. Graham Smith in Melbourne is the head of the firm’s national know-how group in the area of workplace relations law and an “expert in this field”. Bruce Heddle in Sydney is also well versed in workplace relations law as well as on senior executive appointments and terminations.

At Freehills Russell Allen has specific knowledge and experience of the energy and resources industries, having been involved with the human relations planning of a number of major resource projects in Western Australia. John Cooper has a focus on contentious issues, frequently representing companies in proceedings before courts and tribunals in employment, industrial, equal opportunity and occupational health and safety matters. Last but not least is Graeme Smith, who was admired for his impressive client list, which includes companies such as Coca-Cola, Toyota and the Australian Federal Police.

Clients and peers “really rate” Susan de Silva from Alban Tay Mahtani & de Silva in Singapore; and in Japan, Kazutoshi Kakuyama from Anderson Mori & Tomotsune leads the nominations. Brink Cohen Le Roux Inc is represented by its founder, Johan Olivier, who “leads where others follow” in South Africa. He also arbitrates employment law matters. One firm in Puerto Rico stands out for its “sheer quality of counsel”: Goldman Antonetti & Córdova in San Juan fields two nominees, Vicente Antonetti and Luis Antonetti. In Argentina Daniel Funes de Rioja stands out. The founding partner of Funes De Rioja & Asociados, de Rioja is “a real leader – both in South America and internationally”.

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