2014 lawdragon magazine

Page 1

COVER SPREAD, from left to right: William Dougherty, Corinne Ball, Lisa Blatt, Sherrilyn Ifill, Michael Ciresi, Martha Minow, Erica Berthou, Nicholas Gravante, Kannon Shanmugam, Steven Bochner, Allison Schneirov, David Kappos, Charla Aldous, Wanji Walcott, Sean Berkowitz, Michelle Banks, Marvin Putnam, Erika Kelton, Michael Elkin, Susanna Buergel, Susan Saltzstein, Mary Ann Todd, Miguel Estrada


COVER SPREAD, from left to right: William Dougherty, Corinne Ball, Lisa Blatt, Sherrilyn Ifill, Michael Ciresi, Martha Minow, Erica Berthou, Nicholas Gravante, Kannon Shanmugam, Steven Bochner, Allison Schneirov, David Kappos, Charla Aldous, Wanji Walcott, Sean Berkowitz, Michelle Banks, Marvin Putnam, Erika Kelton, Michael Elkin, Susanna Buergel, Susan Saltzstein, Mary Ann Todd, Miguel Estrada


One of the nation’s premier plaintiff’s personal injury law firms renowned for its achievements in the courtroom and its contributions to the community.

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THE LAWYERS FOR CLIENTS WHO MEAN BUSINESS. Boies, Schiller & Flexner LLP, founded in 1997, has grown to over 250 lawyers practicing in offices strategically located throughout the United States and in London. With a world-class litigation practice and a fast-growing corporate group, BSF attorneys regularly serve as lead counsel on complex, high-profile, global matters.




NEW YORK Albany, Armonk, New York City

FLORIDA Fort Lauderdale, Hollywood, Miami, Orlando

NEVADA Las Vegas



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David Boies

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Donald Flexner

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Hamish Hume

William Isaacson

Bill Ohlemeyer

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Jonathan Schiller

Jonathan Sherman

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Hughes Hubbard’s Candace Beinecke, K&L Gates’ Janice Hartman and Cravath’s Sandra Goldstein discuss what it takes to get a seat at the table.



The new law school assessment made by today’s prospective students needs to take into account not only the cost of law school but the chances of finding a desirable and well-paying job. Those chances have been diminishing.



Becoming a whistleblower is one of the most difficult decisions an employee can make. But having the right legal help can make the stress and isolation worth all the trouble. That’s where Phillips & Cohen comes in.


The nation’s leading lawyers can give as well as they take inside the ring. Our annual photography spread features “Lawyer Limelight” Q&As with:



53 Sherrilyn Ifill (NAACP Legal Defense and Education Fund) 57 David Kappos (Cravath) 61 Michelle Banks (The Gap Inc.) 65 Matthew Abbott (Paul Weiss) 69 Cris Arguedas (Arguedas Cassman) 73 Mary Ann Todd (Munger Tolles) 77 Lisa Blatt (Arnold & Porter) 81 Jerry Clements (Locke Lord) 85 Michael Ciresi (Robins Kaplan) 89 Latonia Keith (McDermott Will) 93 William Dougherty (Simpson Thacher) 97 Kannon Shanmugam (Williams & Connolly) 101 Steven Bochner (Wilson Sonsini) 105 Jonathan Sherman (Boies Schiller) 109 Martha Minow (Harvard Law) 113 Pierre Gentin (Credit Suisse) 117 Susan Saltzstein & Allison Schneirov (Skadden) 121 Jami Wintz McKeon (Morgan Lewis) 125 Marvin Putnam (O’Melveny & Myers) 129 Laura Neebling (Perkins Coie) 133 Jonathan Lowy (Brady Center to Prevent Gun Violence) 137 Gerald Silk (Bernstein Litowitz) 141 Wanji Walcott (American Express) 145 James Woolery (Cadwalader) 149 Charla Aldous (Aldous Law Firm) 153 William Lee (WilmerHale) 157 Daralyn Durie (Durie Tangri) 161 Paul Shim (Cleary Gottlieb) 165 Steven Toll (Cohen Milstein) 169 Thomas Perrelli (Jenner & Block) 175 Philippe Selendy (Quinn Emanuel) 181 Frank Darras (DarrasLaw) 187 Joan Lukey (Ropes & Gray) 193 Adam Emmerich (Wachtell Lipton)

Providing Solutions

PUBLISHER/CHIEF EXECUTIVE OFFICER K atrina D ewey katrina @ lawdragon . com CHIEF FINANCIAL OFFICER M ark B ucklin mark @ lawdragon . com EDITOR-IN-CHIEF J ohn R yan john @ lawdragon . com


CAMPUS EDITOR M argot S lade margot @ lawdragon . com CAMPUS SENIOR CORRESPONDENT J ames L angford james @ lawdragon . com ASSISTANT EDITOR J eff S chult jeff @ lawdragon . com CHIEF TECHNOLOGY OFFICER R ob W inter rob @ lawdragon . com MANAGER OF MARKETING & EXTERNAL RELATIONS M elissa C han melissa @ lawdragon . com ART DIRECTOR S ammy E lfatrany sammy @ elfatranydesign . com EDITORIAL ASSISTANT M ichelle F ox michelle @ lawdragon . com CONTRIBUTORS X enia K obylarz . C atherine M c G regor , C at R odgers , D on B oman COVER DESIGN J oe L ucchese joel @ dopepope . com


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Christopher A. Seeger is broadly admired as one of the nation’s most versatile, innovative and accomplished members of the plaintiff’s trial bar. Mr. Seeger was appointed co-lead counsel in the NFL concussion case, where he served as chief negotiator in obtaining a $765 million proposed settlement on behalf of thousands of retired NFL players who suffered brain-related injuries as a result of hits sustained during their playing careers. He serves as Chair of the Trial Committee in the Chinese-Manufactured Drywall Products Liability Multidistrict Litigation (MDL), was appointed to Multidistrict Litigation (MDL) Actos Product Liability Plaintiffs’ Steering Committee, and to the Plaintiffs’ Executive Committee (PEC) in the Depuy Orthopaedics, Inc. ASR Hip Implant Products Multidistrict Litigation (MDL). With offices in New York, New Jersey, and Pennsylvania, Seeger Weiss LLP has earned a national reputation as a pre-eminent plaintiff’s firm. Seeger Weiss represents clients in pharmaceutical injury, personal injury, medical malpractice, environmental and asbestos exposure, consumer class actions, product defect, securities and investment fraud, qui tam (whistleblower) cases, antitrust, commercial disputes, as well as ERISA and wage and hour cases. Lauded by the legal community and major publications, Seeger Weiss has “gained the respect of the plaintiffs and defense bar alike for its willingness to ‘always take on the tough cases’ and ‘jump right into the heart of everything when everyone else is afraid,’” according to Legal 500. READ MORE: WWW.SEEGERWEISS.COM



77 WATER STREET, NEW YORK, NY 10005 888.584.0411 212.584.0700 W W W. S E E G E R W E I S S . C O M I N F O @ S E E G E R W E I S S . C O M







STANDING (L TO R): Howard B. Miller, Keith D. Griffin, Thomas V. Girardi, V. Andre Rekte, John A. Girardi, John K.Courtney SITTING (L TO R): Graham B. LippSmith, Amy F. Solomon, David R. Lira, Robert W. Finnerty PICTURED (RIGHT FROM TOP): Amanda L. McClintock, James G. O’Callahan

A national reputation built on helping the little guy Review the National Law Journal’s list of the top 11 plaintiff’s law firms in the country, Lawdragon’s list of the nation’s leading attorneys, or the Los Angeles Daily Journal’s ranking of the city’s best firms or its top 100 lawyers list, and you’ll regularly find Girardi & Keese attorneys named. Recognized for their legal acumen and superb trial skills, the 38 attorneys of Girardi & Keese frequently prevail.

RECORD OF SUCCESS | For more than 40 years, Girardi &

Keese has been at the forefront of injury cases involving physical hurt, property damage or financial harm. Since 1965, the firm has recovered more than $3 billion against some of the world’s largest corporations, including Exxon, Shell, the Ford Motor Company, DuPont and Walt Disney World. Girardi & Keese has also been involved in many groundbreaking verdicts, such as the first $1 million medical malpractice verdict in California in the 1970s, and more recently, the $1.9 billion settlement on behalf of California’s energy customers. Additionally, Tom Girardi was a significant architect of the $4.85 billion Vioxx settlement.

Amy Cantrell

Each win is important because every case represents the health and well-being of individuals in Southern California—the little guy. Individuals who have been harmed in some way are at the heart of Girardi & Keese’s practice, whether the injury was due to medical malpractice, product failure, wrongful termination, vehicle accident or similar wrongdoing. LEADING LAWYERS | This year, four Girardi & Keese lawyers made the Lawdragon 500 Leading Lawyers in America guide— founding partner Thomas V. Girardi, Robert F. Finnerty, David R. Lira and Amy Solomon.






1126 Wilshire Blvd. Los Angeles, CA 90017 PH: (213) 977- 0211 | FX: (213) 481-1554 www.girardikeese.com






S YOU’VE MADE IT TO THIS LETTER, WE SUSPECT YOU MAY HAVE NOTICED OUR COVER. OF NOTE, IT’S NOT ENTITLED “THE YEAR OF THE WOMAN” OR SIMILAR TREACLE. Instead, it’s again a photojournalistic compilation of the nation’s most notable and accomplished lawyers, which, this year just happens to have more women than men. We hesitate to draw your attention to that fact because we’ve always supported inclusion of women and ‘others’ on equal merits, rather than needing special head gear or playing surface. Harvard Law School Dean Martha Minow; Sherillyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund; Arnold & Porter’s Lisa Blatt, who has won 32 of the 33 Scotus arguments she’s given. Inside these pages, women comprise 146 of this year’s 500, a high-water mark not laden with a ‘best woman’ anchor. Not quite as representative as the nation’s highest court, but an undeniably supreme group. And is it time. “Reflections of Women Leaders” presents thoughts from a representative handful of the profession’s most accomplished law firm leaders on their rise to the top. In “The Giant Killers,” about the acclaimed whistleblower law firm Phillips & Cohen, we detail the work of Lawdragon 500 member Erika Kelton, who has netted some of the biggest qui tam settlements in history. As we zip up this year’s magazine, we also turn the corner to glimpse 2015, which unbelievably will be our 10th year. It’s hard to recall what we could have been thinking in 2005, when we began to assemble the type of cover shot of legal luminaries that wraps this issue. (We’ll save the war stories for next year.) This year will also forever be near and dear to our hearts for the launch of Lawdragon Campus, a site for prospective law students to search and compare their most relevant law school choices. This edition contains our first Campus exclusive on the financial challenge facing prospective and new students as well as recent graduates. Building campus.lawdragon.com highlighted that some of the most overlooked aspects of a law school’s “ranking” are the careers of its graduates. For that reason our Lawdragon 500 members are featured on Campus as notable alums to help prospective and current students trace the paths of the nation’s best lawyers across private practice, businesses, government agencies, academia and public interest organizations. Thank you for joining us on this crazy journey. The men (and women) of Lawdragon are forever grateful.

J O H N R YA N Editor-in-Chief john@lawdragon.com

KATRINA DEWEY Publisher and CEO katrina@lawdragon.com




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THREE LEADERS of the bar discuss the keys to retaining women lawyers and making sure they have the opportunity to thrive. BY CATHERINE MCGREGOR

Women have made significant gains in the legal profession since 1970, when female law students comprised just 8 percent of U.S. law students. In recent years, those numbers have risen to 47 percent. Today, there are three women on the U.S. Supreme Court and 20 state supreme courts have a female chief justice. • Clients have significant clout in changing perceptions, particularly through giving meaningful work opportunities to female lawyers.

For those women who enter private law practice, it’s a very different story. At the nation’s 200 largest law firms, the greatest percentage of women – 64 percent – are in the lowest position, that of staff attorney. And the lowest percent – 17 percent – are equity partners, according to a survey released in February by the National Association of Women Lawyers. “It’s not just getting a seat at the table but getting that seat at the table,” says Michele Coleman Mayes, general counsel of the New York Public Library and the former GC of Allstate and Pitney Bowes. We sat down to talk with some of the most elite female leaders in private law practice about how they won their seat at the table, earning partnership and leadership posts at their firms.

• Education in unconscious bias can support women’s advancement to leadership. The issue, according to Hughes Hubbard’s Beinecke, is “keeping women in the profession, keeping them with the program and keeping them long enough so they can rise to the level of being very, very senior within the organization.” Firms need to examine both how they define success and how to recognize the qualities of successful leadership. “It’s natural for people to define success in their own image, so what makes them comfortable is someone who looks like they do, talks like they do, acts like they do,” says Beinecke. Firms with a dearth of women leaders can create a chicken and egg situation, whereby there are fewer chances for women to attain leadership roles because there are fewer women in such positions. However, Hartman believes when the profession reaches a critical mass of women, more will break through into leadership roles. Women who are now reaching their forties entered law school and the legal industry when law schools began matriculating 40 percent or more women and gender parity was beginning to take hold. “I think as a matter of course we’re going to have a lot more leadership from women. And that as more women become more senior, and also just the sensitivity that the firms have to it, I think women are going to be ascending into the leadership ranks pretty routinely,” says Hartman. “I think we’ll see a lot of development over the next ten years.” These leaders know their history well and turn to it for a reminder of how far they’ve come. Sandra Goldstein tells a story about her mother’s graduation as one of only four women in a class of 250 from Brooklyn Law School in the 1950s. It was customary for the student with the highest grades to give the valedictory address at graduation.

WE SPOKE WITH: Candace Beinecke, chair of Hughes Hubbard & Reed since 1999. She was the first woman to head a major New York law firm. Janice Hartman, one of the four-person global leadership team at K&L Gates. As Global Development Partner she spearheads the firm’s global strategy and expansion. She was also the first female partner at the firm. Sandra Goldstein, head of Cravath’s marquee litigation practice and one of the firm’s managing partners from 2005-2010. Goldstein’s mother was a successful trial lawyer and an appellate court judge. At age 30, Sandra Goldstein became the first female litigation partner and the youngest partner ever at Cravath. While each of these leaders found her own path to leadership, they underscored four points that are critical for other women to lead in law. • Internal culture is key, as it will determine whether groups - including women - feel they belong at a firm long term. • Sponsorship is fundamental to women’s success at every level of the law firm hierarchy. L AW D R A G O N


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However, it was not usual for this student to be a woman, and unthinkable that she should give the address. Goldstein’s mother was given her own ceremony with the Dean and her family where she was acknowledged as top of her class. The regular graduation ceremony featured a valedictory speech by the number two student, a man. Hughes Hubbard has a long pedigree advancing women in the profession - one of its founders, Charles Evans Hughes, was an advocate of, and campaigner for, women’s suffrage in his 1916 presidential bid against Woodrow Wilson. The firm was also one of the first to buck the maleonly mindset among Wall Street firms by accepting a female associate in the 1940s and by being the first to have a woman of color - a litigator - made a partner in the 1960s. So it’s perhaps fitting that it became the first major New York firm to tap a woman as its leader. Beinecke takes pride that Hughes Hubbard has one of the highest percentages of women in equity partnership. Beinecke remembers well the difference it made that she was in a progressive firm. When she was a young lawyer, a client questioned her involvement on a matter. “He said, ‘Do I have to have a woman on this?’ And the partner here, he was the Senior Partner in the firm at that point, so he had my job, said, ‘Yes, you do and you’ll be very glad you did.’” Hartman had similar experiences early on at a predecessor firm to K&L Gates. “The mentor that I had was the head of the firm at the time. He’s now in his eighties, one of these old-world type of lawyers, business developers and counselors, the ultimate law firm partner that you would wish to emulate no matter what gender you are,” recalls Hartman. “And fortunately for me he was a very meritocratic person. He gave me many opportunities with clients and not just ‘tag along’ opportunities, but even when I was a young partner he would get a new client and he’d just say, ‘go meet the General Counsel and the business is yours.’” Sponsorship is key, and something Beinecke and Hartman benefitted from. And, in both their cases, that sponsorship came from men. “My partners, mostly men, were the ones


who created the opportunities for women and others,” says Beinecke. “So I think for those starting out in the profession, you can’t pick your parents, but you can definitely pick your employer.” And while much attention is given to the number of women who achieve partnership each year, Beinecke counsels an earlier focus – from the minute an attorney walks in the door. “It is key to make someone feel like they belong and identify with the place - whether it’s the firm, corporate law department, whatever it is - to feel that identity with the institution and to feel the opportunities and that they can see a way to have a career that looks good to them,” she says. “If you don’t want to be like the people you see around you, you’re not going to stick it out and stay.” Goldstein attributes much of her success at Cravath to a training program that is both individualized and teamoriented. “We train one-on-one, which is an unusual system,” she explains. “Each associate is assigned to a partner who is responsible for helping to shape that associate to become a good lawyer. And in addition to skills training our system causes us to build close personal bonds that I think very much help associates to feel they are part of the fabric of the firm.” The Cravath training system introduces cohesion by binding the associate and the partner together rather than training on a matter-by-matter basis. (The firm is credited with promoting the first female partner at any Wall Street firm, with Christine Beshar in 1971. The firm’s Children’s Centre, opened in 1989, is named after Beshar.) K&L Gates today boasts an active women’s network and was one of the first law firms to employ a diversity officer. However, for two years after she joined in 1975, Hartman was the only woman lawyer at the firm, but for a brief overlap with another female associate. And she was the predecessor firm’s first female partner when she was promoted in 1982. “I felt that I had clearly made the right choice,” says Hartman, when asked if her choice of firm was a critical edge in her progress. “I mean I was actually made a partner





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Michael A. Kelly • Voted the 2014 Cal-ABOTA “Trial Lawyer of the Year.” Liaison counsel in the DePuy ASR California JCCP, Kelly tried the first ASR bellwether case to an $8.3 million dollar verdict and helped negotiate the landmark $2.5 billion dollar settlement. • Honored with Consumer Attorneys of California’s Robert E. Cartwright Award and the National Institute of Trial Advocacy’s Robert Oliphant Award, both recognizing his pro bono contributions to advocacy teaching. • Listed among the “Best Lawyers” in America for 17 consecutive years. He has been involved in more than 175 cases where his client recovered $1,000,000 or more by way of trial, arbitration, mediation or settlement. Mike Kelly leads a team of the country’s best plaintiff ’s-side personal injury litigators at San Francisco’s Walkup, Melodia, Kelly & Schoenberger. With more than 200 years of combined legal experience, the firm’s members have seen the defense playbook. Whether the case involves a mass tort or an infant injured at birth, a drug, device, medical error or the loss of a beloved family member, Walkup lawyers are there to help those in need. Walkup, Melodia, Kelly & Schoenberger 650 California Street, 26th Floor, San Francisco, CA 94108 888-799-3968 | walkuplawoffice.com

Michael A. Kelly, Lawdragon 500 Honoree


“My partners, mostly men, were the ones who created the opportunities for women and others, so I think for those starting out in the profession, you can’t pick your parents, but you can definitely pick your employer.” — Candace Beinecke

To become an equity partner, lawyers must win client trust and gather a book of business. Breaking through to management is a much higher hurdle – and one these leaders view as the result of unintentional bias, rather than overt discrimination. And, it’s an issue that has proven rather intractable. “These are lawyers and they think they know everything about everything, it’s just in their nature,” says Hartman. “They resist tremendously the idea that somehow they might be biased in some way. But there is such a thing as closet bias, we all have it, and if you educate people enough as an institution, they’ll stop for a minute and think about it when they evaluate, when they do evaluations of associates and when they think about leadership positions, think of what their normal comfort zone would be.” Beinecke thinks the problem is also a factor of having an adequate pool to choose from – which requires the firm to provide a workplace conducive to women’s success: “The issue is not really forcing people to allow people to succeed, it’s making life possible for people. It’s getting the people to be able to stay until they get to a leadership position,” she says. Some have suggested that firms should have quotas for diversity in management. Although they saw some merit to the idea, these women leaders also saw a potential downside as women might be presumed to have achieved leadership only because of the quota. Hartman suggested the NFL’s “Rooney Rule” might provide a better model, where firms would set a policy of fielding diverse shortlists for management positions, perhaps prompting outside-the-norm thinking when coming up with candidates. It would be helpful “just making people understand that many different ways are effective in leading and some that they would least expect are the most effective,” says Beinecke.

in October after having left in the prior April to have my first child.” Hartman views sponsorship by other women as a key to change. “The place you can do the best work is identifying women who you think have leadership qualities and then finding opportunities for them to lead in some context,” she says. “Whether it’s a particular initiative or a particular practice area, and really, really promoting them by arguing for them, by basically pointing out that this particular woman has all the characteristics and qualities that would make her a good leader, a good practice area leader, and we shouldn’t overlook this person. “I think that’s the most important thing - to find women who will do extremely well as leaders and to make sure that people know about them.” A particularly powerful new ally these women leaders have found is a female counterpart in the top legal position at client organizations. “There are a whole lot of female GCs and women in the C suite. Law firms have to keep up with the reality of the client, the judicial bench and juries,” says Goldstein. “The game plan has to be a holistic approach to have the greatest talent and wide variety of perspectives.” And it’s no longer just about women gaining their own seat at the table – it’s also about putting out chairs for other women to join in. “The thing that the clients can really do is, if you win the pitch, then deliver some of that work to the women participating - you don’t want to be window dressing,” explains Hartman. In Hartman’s experience, having the client’s stamp of approval can make a huge difference. “Your client gives you validity, what you’re saying is on behalf of the client, so other lawyers have to respect you, they have to listen to you because you’re speaking for a client. When you have the confidence of the general counsel or whoever it is in the particular organization, it makes a lot of issues go away.” L AW D R A G O N


I S S U E 15

VALUE VS. RISK: THE NEW LAW SCHOOL ASSESSMENT There’s a strong demand for lawyers – just too many law school graduates. Today’s prospective law students need to be brutally honest with themselves about their chances of finding a job they want and paying back what they owe. This is not another story about how the shrinking job market for attorneys makes enrolling in law school a bad idea. The market for lawyers is growing, and the federal government predicts it will continue to do so – at about the same speed as the overall labor market. The problem isn’t demand, but an oversupply. In the past 10 years, growth in attorney positions has been far outstripped by the number of graduates earning law degrees. A significant portion of those gains is outside large law firms, which means they don’t come with the high salaries some L AW D R A G O N


graduates count on to pay for their educations. All of this makes going to law school a high-risk idea. Whether it turns out to be a bad one depends heavily on individual choice, not just on 18th-century economist Adam Smith’s “invisible hand” steering the labor market. To curb the chances of winding up unemployed, or underemployed, with well over $100,000 in non-dischargeable debt, prospective students must be flexible about where they’re willing to work and weigh the quality of their school’s education; how much they need to borrow to pay for it; the odds of getting the job they want afterward, and the


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salary they’re likely to draw, according to the dozen or more deans and recent graduates interviewed nationwide. “If you’re someone who really wants to go to law school, you have to go in with your eyes wide open,” said Chris Fletcher, who graduated in 2011 from Northeastern University School of Law in Massachusetts and now works as a law firm associate. “You have to do your due diligence more than you would have at any other time to understand for each prospective law school what is the average debt that students are incurring, what are the average salaries, what types of jobs are they getting and how long is it taking them to find jobs.” People considering law school need to be brutally honest with themselves about whether they can afford it, just as they should be when buying a home, a point illustrated in the wave of foreclosures nationwide after the collapse of the mortgage market, said Chris Fedorchak, who earned a juris doctorate in 2009 from Villanova University School of Law in Pennsylvania and works in regulatory affairs. Those who decided to stick to houses priced within their budgets fared much better afterward than those who didn’t. “There needs to be students who are willing to do that with a juris doctorate and say, ‘Wow, this school is great. It’s up against the beach, it’s got a state-of-the-art library and there’s a retired Supreme Court justice who’s an adjunct professor, but it’s $45,000 to $50,000 a year to go here and I can’t afford that, even though I got in, so I’m going to go someplace cheaper,’” Fedorchak said. There is an alternative, he said: “Decide that ‘I can’t afford law school, period, right now. Maybe I should put it

off for a few years until I’m in a better position financially, more mature, whatever, and then I can look at taking the loans out. Maybe I’ll work for a few years, try to save up $20,000 to help pay for a year so I don’t have to take so many loans out.”

STEADY DEMAND GROWTH Assessing the job market for lawyers and typical pay is a crucial component in making that decision, recent graduates and deans said. It determines not only whether and how quickly the money can be repaid, but also whether law graduates can afford to take a vacation, for example, or buy a house. “You’re graduating with $180,000 worth of debt, and the opportunities are $50,000- or $60,000-a-year law jobs – that ratio doesn’t work,” said Mitchel Winick, dean of Monterey Law, a California-accredited school that’s seen many of its graduates occupy Superior Court judgeships. The average student debt for Monterey’s graduates is about $35,000, which is workable on a starting salary of $50,000, Winick said. “My rough estimate is that if a student can graduate law school with no more law school debt than approximately their first year’s salary, then the likelihood is they’ll be able to get a job, service their debt, raise a family and build a very rewarding career,” he said. Consider that calculus along with the growth gap between the attorney job market and the pool of available lawyers, then add the $171,000 average total cost of three years in law school, and you can see the level of











































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statistics for their graduates, or show which jobs required passing a bar exam or were temporary. Now they are, which gives prospective students more effective tools.

WAITING ON A MAI TAI The growth disparity between the job market and the lawyer labor pool has been enabled in part by easy access to federally backed student loans, even in periods when demand for attorneys has stagnated. “The market forces affect the job market, but not the education market, which is never a good thing,” Winick, Monterey’s dean, said. “An economist would tell you that with a rising cost, but a shrinking market or a changing market price, you’re going to have a problem, and that’s what I think we have.” Many students borrowing education money assume they wouldn’t be given a loan if the lender considered them unlikely to pay it back, said Mariah Richards, a legal advocate for a battered women’s shelter who graduated in 2012 from Thomas M. Cooley Law School in Michigan. History shows that’s not the case. “Look at the mortgages,” she said, referring to the collapse of the sub-prime lending market that precipitated a global financial crisis in 2008. “The student loan thing is going to go badly; it’s already going badly. Nobody can pay these.” Richards, who worked her way through college with $5,500 in loans, was offered a 60 percent scholarship at Cooley. Including living expenses, her law school debt still totaled about $30,000 more than she anticipated. “I thought that there were jobs out there,” she said. “I thought that I’d be making enough money to make the loan payments. I also did not have a good idea of really what I was doing with the money; I’d be the first to admit that.” Unable to obtain public-interest work in the post-financial crisis economy in which she graduated, Richards took a job as a bankruptcy attorney earning $500 a week before obtaining her current position, which pays $20 a week less but offers far more satisfying work. She assists domestic-violence victims unfamiliar with the criminal justice system, helping them obtain court protection orders and accompanying them to hearings, though she doesn’t serve as their attorney. “I couldn’t ask for a better job,” Richards said. “I feel better about this than the stuff that I did when I was on the public defender internship. I feel like I’ve helped more people.” The law degree, for which Richards still owes about $117,000, wasn’t a requirement for the job. It has been an asset, she says, but a bachelor’s degree would have sufficed. Many of her classmates also struggled after law school, Richards said. Those who had dreams of high-salaried jobs at large law firms found them quickly dashed. A few students, she recalled, would “say things like, ‘We’re just

Mitchel Winick, Dean of Monterey Law

“The market forces affect the job market, but not the education market, which is never a good thing. An economist would tell you that with a rising cost, but a shrinking market or a changing market price, you’re going to have a problem, and that’s what I think we have.” hazard involved. Some 420,000 J.D.s were awarded in U.S. schools in the 10 years through 2012, according to data collected by the American Bar Association. That’s roughly five times the increase in filled lawyer positions during the same period, which the federal Bureau of Labor Statistics pegs at 77,550, excluding self-employed attorneys. Including them, demand for lawyers will probably grow at about 10 percent a year through 2022, the bureau projected. That’s about 7,480 jobs a year. Comparing the number of graduates with the number of projected lawyer job openings – which includes positions created through retirement and resignations rather than new jobs alone – narrows the gap. The agency predicts 199,000 job openings through 2022, or about 19,900 a year, still less than half the number of new law degrees awarded. “For the vast majority of people, it simply doesn’t make sense right now, unless things change,” to go to law school, Fletcher said. “The debts are too high, the salaries are too low and the jobs are too few.” Fletcher, who began law school in 2008, said he researched employment data as best he could beforehand, though at that time law schools weren’t required to differentiate between full-time and part-time jobs in hiring L AW D R A G O N


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going to have to get a big corporate job for five years and work really hard and then we’ll be on the beach sipping a Mai Tai out in Bermuda and it’s going to be so much fun.” It never happened, she said, adding: “They’re still waiting for their Mai Tai.” Richards keeps her own diploma from Cooley wrapped in the frame her mother bought after her graduation. She keeps a reply ready when students considering law school seek her advice: Don’t do it. “I show them my pay stub and my bar card, and then I tell them about the debt and about the job market,” she said.

WHERE THE JOBS ARE That kind of frustration looms large in a Lawdragon national survey of more than 2,200 law students and graduates. About 28 percent said it wasn’t worth the cost. “All of legal education has to be ready to respond to the value of a legal education in a very challenging employment market,” said Deanell Reece Tacha, dean of Pepperdine University School of Law in California. “It is absolutely true that traditional law-firm jobs have dwindled,” she said. “The law firms tell you that. The statistics speak, but that is just a sliver of where lawyers are working.” Indeed, the decline in hiring at law firms, especially the largest ones comprising 500-plus lawyers, has made the overall market appear bleaker than it is. The percentage of all employed law school graduates in the U.S. who landed jobs at law firms dropped from almost 61 percent in 1985 to about 51 percent in 2012, according to the National Association of Law Placement (NALP), a Washington-based group of legal employers and educators that has been measuring employment of law students nine months after graduation. The portion of those hired by firms of 101 lawyers or more dropped to 30.5 percent from a 2008 high of 43.2 percent, association data show. The effects of the drop have been eased by employment in business and industry, which mushroomed to about 18 percent of 2012 graduates hired nine months out from about 11 percent of 1993 graduates. NALP data show that banks and finance companies accounted for the largest number of hires, followed by technology firms and agencies specializing in temporary legal employment. Taking advantage of the new reality requires graduates to be more flexible about where and for whom they work, deans said. Some law graduates, particularly those at prestigious or urban institutions, have shunned offers they deemed less desirable – from smaller firms, for example, or businesses in less populous states – holding out for what they hoped would be a more lucrative offer from a large law firm in Los Angeles, New York or Miami, school officials and recruiters said. “I can’t tell you how many would say initially to me, ‘Well, that’s a very interesting job, but I came to law school I S S U E 15


DEAN LIMELIGHT Mark Brandon University of Alabama School of Law Mark Brandon officially took over as dean on July 1, succeeding William Brewbaker, who has held the post on an interim basis since last year. “One, it’s home,” Brandon, a 1978 graduate of the law school, said. “Two, it’s a great law school. And three, I had in the back of my head that I’d be moving into administration and it turns out that both personally and professionally, it’s a good time to do that. So I’m really pleased to have the opportunity.” LAWDRAGON: Are you seeing any kinds of trends in the jobs students are taking after graduating? MARK BRANDON: Here’s what I’m seeing from my current perch: Over half of graduates at Alabama are still going to law firms. My bet would be that back in the day, back when I was in law school, that percentage would have been much higher, so there’s some adaptation that’s going on. A good number end up in business or industry, a solid 10 percent probably end up in government and about half of that, 5 percent roughly, in public interest. This past year, I know from having seen some figures recently, Alabama ranks No. 7 in the nation in the percentage of students who are placed in federal judicial clerkships. That is an impressive ranking for Alabama. For our students, it’s nice that such a large percentage of the graduating students have that opportunity. LD: You’ve mentioned that you wanted to focus on maintaining the affordable tuition offered at UA’s law school. How do you keep law school affordable? MB: One way is to discount, with scholarships that incoming students can use as hedges against the cost of law school and against tuition. The second way is just to keep tuition as low as we can, responsibly, while wanting to keep enough revenue to maintain a quality institution. University of Alabama’s law school has the advantage of being in a university that’s extremely supportive. The university has understood the need in this marketplace to provide a legal education that’s within the reach of students and so it’s helped us keep tuition at, I think it’s fair to say, not just a reasonable level, but at an impressively low level, given the quality of the institution. I think the result is that Alabama is not only one of the very best public law schools in the country, but it’s also the best value in legal education today anywhere. READ MORE ON

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to work in a law firm so I’m going to wait for that,’” said Brooklyn Law School Dean Nick Allard. “They’re not going to find those jobs.” Some rule out a temporary, part-time position after graduation, even though temporary-to-permanent employment accounts for a growing portion of hiring, Allard said. The key is thinking differently: Juris doctorate-holders seeking employment will have to be open to going where the jobs are rather than where the jobs used to be, he said. Graduates refusing potentially good offers has posed challenges nationwide, said Jim Leipold, executive director of NALP, the law placement group. “We see that all the time,” he said. “It’s a difficult economy. Students come in with one set of expectations” and have varying degrees of success in adjusting to an alternate reality. Law schools also must become more flexible. Placing students with non-law firm employers, who don’t need to replenish a base of junior attorneys and haven’t synchronized their hiring with the academic year, is forcing job-placement offices to develop new operating methods. “Many law schools have built their placement model around the largest firms, which have this hiring season,” said Maureen O’Rourke, dean of the Boston University School of Law. By contrast, jobs that are expanding, “if those opportunities are open to you, don’t come up in bunches,” she said. “They don’t come up on a regular calendar schedule. Figuring out how to match your people up with them is a real challenge.”

STUDENT LIMELIGHT Christine Doelling Law School: University of California, Hastings College of the Law Status: Rising 2L Focus: Media, Entertainment and Intellectual Property Undergraduate Degree/Institution: BA American Studies (2008), George `Washington University (Washington, D.C.) Graduate Degree/Institution: Masters – Media, Communications and Critical Practice (2012), University of the Arts, London College of Communications Home city/state or country: Berkeley, Calif. Christine Doelling, a rising 2L, is immersed in the music industry, where she aspires to work. She has created and led multi-channel marketing initiatives for world-renowned artists, musicians, museums and media companies. Doelling founded Lunchbox Theory, a music promotion company in Washington, D.C., and has served as a music promotion consultant for National Geographic Live. She also has an enviable vinyl collection. “What I think is missing from the conversation,” she says, “is the understanding that consumers stopped feeling that the music industry was holding up its side of the bargain; we started to feel that the music was no longer of value.” LAWDRAGON: What were key factors in choosing a law school? CHRISTINE DOELLING: Location, location, location. I wanted to come back to the Bay Area and explore the tech side of the entertainment industry. UC Hastings has a great intellectual property concentration, and an abundance of practical study opportunities. LD: What’s been your most memorable/valuable law school experience? CD: During our second semester, 1Ls participate in Moot Court. Arguing in front of a mock supreme court was exhilarating! I enjoyed it so much that I joined the team and I am excited about arguing again next year. LD: What do you plan to do with your law degree? CD: The technology industry has severely disrupted the way in which the copyright industries build their business models. Creating changes in precedent, and building new and functional business models, is going to take a lot of patience from a few innovative people. I am planning to be one of them.

RAISING REVENUE, CUTTING COSTS That hiring environment has affected salary gains. While growth in the median yearly wage for lawyers hovered around 4 percent in the years leading up to the financial crisis, it’s remained below 1 percent since 2010. O’Rourke and other deans acknowledge the pincer effect created as salary growth dwindled while law school tuition continued to rise. That imbalance can be addressed both by better informing students on how to balance the cost of their degree with their prospective salaries and reducing their expenses. “You decrease the cost in one of two ways,” O’Rourke said. “On the revenue side, what you would hope to do is provide more financial aid, through either increased philanthropy or increased revenue from other sources. On the cost side, you have to take a really hard look at your structure. For most schools, it’s fair to say that the largest portion of the budget goes to human capital in the form of both faculty and staff.” Among the factors pushing up staffing costs – and, thus, tuition – is a requirement that nationally accredited law schools offer their faculties tenure to ensure academic freedom. The American Bar Association’s Section of Legal Education and Admissions to the Bar, the governmentdesignated accrediting agency for U.S. law schools, rejected a proposal to eliminate that earlier this year. L AW D R A G O N



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As they grapple with costs, institutions such as the University of the Pacific McGeorge School of Law and Thomas Jefferson School of Law, both in California, and Vermont Law School have already instituted layoffs. Other law schools have reduced tuition. The University of Iowa is cutting tuition 16 percent in the fall; Ohio Northern University is lowering it 25 percent. Other schools including Penn State and Seton Hall in New Jersey are offering scholarships that effectively accomplish the same thing without making the change universal or permanent. Brooklyn Law froze tuition in the 2014-15 academic year at the same level as this year and will cut it 15 percent in 2015-16. Another tactic in reducing costs is trimming the time required to earn a degree. At Pepperdine, Tacha set up a two-year program in which students attend classes yearround. While that doesn’t lower tuition, it reduces total living expenses and curbs lost income. “We have built into it plenty of externship and internship opportunities, so they get that experiential component the same as all our students, and we have built into it as well some additional student services to try to alleviate the strain of going to law school year-round,” she said. “Plus, they get to the bar one year sooner.” President Obama, who earned his law degree from Harvard University and taught at the University of Chicago Law School for 12 years, also advocates trimming to two years the length of time required for a law degree. “In the first two years, young people are learning in the classroom,” he told Binghamton University students in New York last August. “The third year, they’d be better off clerking or practicing in a firm, even if they weren’t getting paid that much. But that step alone would reduce the cost for the students.” The total cost for a legal education, based on stickerprice 2013-14 tuition and fees plus living expenses for three years, varies widely in the U.S., from a low of about $76,000 at North Carolina Central University to about $257,000 at Brooklyn Law School, according to a Lawdragon analysis that showed the average is $171,000. Comparing school costs as well as the availability of scholarships, a form of financial aid that doesn’t require repayment, and the possibilities for part-time work, can help students reduce expenses on the front end. Weighing likely debt against likely salary prospects after graduation is a pivotal indicator of return on investment. To help navigate the uncertain terrain, law schools including those at Georgetown University, the University of Michigan and Boston University offer financial aid calculators that show students how much they’ll need to earn to repay their debt. “If you understand what you’re going to be looking at once you get out, and then you factor that into your decision to go, it’s probably not as bad,” said Adam Sticht, who began law school at Michigan-based Thomas M. Cooley, I S S U E 15


then transferred to Hamline University in Minnesota. Sticht, who now handles estates and trusts at a small firm in Wisconsin and works part time as an assistant district attorney, paid off his undergraduate loans before starting law school. He knew that he wanted to stay in the Wisconsin-Minnesota area and switched to Hamline because it was better known in that area than Cooley. Indeed, both Minnesota and Wisconsin are among the top three employer states for Hamline Law graduates, and neither places in the top three for Cooley. The investment yielded the return he wanted: employment as a lawyer in the area where he grew up. And he loves his work. Still, the cost of a legal education is unrealistic compared with the salaries most new attorneys earn, he said. “When I got done, I had a little under $190,000 debt for seven semesters in law school,” he said. “The interest accumulating on that is terrifying.” If not for an income-based repayment plan, Sticht’s monthly payments on law school debt would have totaled $2,100 a month. “When I actually saw the figure that I had to pay back on my exit counseling, I got a knot in my

Maureen O’Rourke, Dean of the Boston University School of Law

“You decrease the cost in one of two ways, on the revenue side, what you would hope to do is provide more financial aid, through either increased philanthropy or increased revenue from other sources. On the cost side, you have to take a really hard look at your structure.” L AW D R A G O N . C O M

begun pro bono work with clients in mortgage-foreclosure cases. The administrator advised him to keep doing that, build experience and continue looking for employment. “Looking back, it was the right advice, and it was good advice,” he said. “The problem was that I wasn’t getting paid and I had six figures of student-loan debt. There’s a level of impracticality in dealing with that situation that was economically horrible.” After the six-month grace period on student-loan repayments expired, Fedorchak shifted his focus from finding work as an attorney to simply finding work and began exploring jobs in regulatory affairs, a field in which he had worked after completing his bachelor’s degree at The College of William & Mary in Virginia.
That experience helped him land a regulatory affairs job in Washington, D.C, and while his law degree may help as Fedorchak advances in his career, it’s of little immediate practical benefit. “If I were to go to Villanova now, the only way the value makes sense, paying sticker price, is if I was going to have a $150,000-a-year Big Law job out the door,” he said. “To get it to do what I’m doing now, that doesn’t make any sense at all, because I don’t need it. A lot of people in this situation, they don’t really need it.” Others are starting to reach the same conclusion. Enrollment of first-year law students dropped for the third straight year in the fall of 2013, sliding 11 percent to 39,675, the lowest since 1975, according to data collected by the ABA. That’s a 24 percent decline from the peak of 52,488 in the fall of 2010. John Denney was well aware of the challenging employment landscape when he began working toward a juris doctorate last fall at the William Mitchell College of Law in St. Paul. He took the Law School Admission Test, or LSAT, after earning a bachelor’s degree in philosophy and political science from St. Cloud State University, and scored high enough to be accepted at several schools. Denney picked William Mitchell because it was close to home and proffered a 75 percent scholarship, turning down offers from more prestigious institutions that provided less assistance. “I very much viewed it as, ‘If you’re coming out as your average law student with your average amount of debt, you’re not in a good place,’” said Denney, who plans to focus on transactional and contract law, then use his degree to start his own business, possibly in utility maintenance. In the meantime, he’s been endorsed as the Independence Party candidate for Minnesota’s 6th Congressional District seat, currently held by U.S. Rep. Michele Bachmann. “You’d better go with an open mind if you’re going to law school – you’d better keep your eyes wide open,” he said. “If you don’t start putti1ng a plan together, you’re going to end up on the other end of this thing with a lot in debt, with not a lot to say. It’s a very high-risk thing, if you ask me, but it can also be high reward, and I’ve always been a risky soul.”

Michael Schwartz, Dean of William H. Bowen School of Law

“Hundreds of thousands of dollars in debt is a lot to drag along behind you while you go out into your first real career, as many of the law school graduates are.” stomach,” he said. “I was a little freaked out. You know it’s going to be bad, but when you actually see the numbers, it’s like, ‘Holy crap.’”

SURVIVING STICKER SHOCK That kind of sticker shock was a common thread in the experiences of several recent law school graduates. Reducing expenses, whether through careful planning by prospective students or tuition decreases at law schools, is important because it gives graduates more maneuverability in the shifting job market. If you’re not paying off large loans, “you have more flexibility to decide to pursue a career that doesn’t quite generate as much high compensation,” said Michael Schwartz, dean of the William H. Bowen School of Law at the University of Arkansas at Little Rock. “Hundreds of thousands of dollars in debt is a lot to drag along behind you while you go out into your first real career, as many of the law school graduates are.” Such debt combined with a legal education system that has long emphasized theory and “learning to think like a lawyer” has proved a daunting challenge for many graduates when they begin looking for work. Some 36 percent of participants in the Lawdragon survey said U.S. law schools aren’t doing a good job preparing graduates to succeed professionally, compared with 32 percent who said they are. Fedorchak, the Villanova student who graduated in 2009, recalls his dismay when, after failing to find employment, he consulted a school administrator about starting his own firm and was warned against it.
After graduating in May and passing the Pennsylvania bar exam, he had L AW D R A G O N


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Viewers can assess and compare schools on metrics that fit their academic standards and personal interests. They can search by their LSAT, GPA score, desired location for school and work, as well as national employment rates. Each school profile displays more than 100 attributes, including tuition, curriculum strengths, clinics and student-body demographics. In additional to legal education news, you’ll find advice and tips from pre-law advisors, admission officers, financial experts, and recognized law school advocates. Our Campus Limelights feature information on deans, faculty, enrolled law students and prominent alumni.


For editorial opportunities, contact Margot Slade at margot@lawdragon.com For advertising and other promotional matters, contact Melissa Chan at melissa@lawdragon.com

The Giant Killers




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For anyone who has toiled in Corporate America, or read horror stories about it, the story is a familiar one.

Facing possible job loss, isolation and unimaginable stress, whistleblowers need courage. They also need the right help: Lawyers with skills, resources and tenacity who possess the ability to become good friends and listeners while keeping their eyes on the higher purpose of corporate reform. Enter Phillips & Cohen. by jeffrey anderson

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For anyone who has toiled in Corporate America, or read horror stories about it, the story is a familiar one. Employee A lands a job at, say, a large pharmaceutical company, and becomes established with access to proprietary information. He feels good about the job he is doing, but one day he stumbles across some questionable business activity that gives him pause. He takes his concerns to his boss, and the response seems mean, but it is the kindest thing he will hear from that day forward: “Shut up and do your job.” The employee, his pride and righteousness bruised, then takes his concerns about, say, false drug labeling, to a corporate compliance officer, who praises him and leads him into a senior executive’s suite. The executive, too, praises the employee, and says that it’s people like him upon whom success is built. That’s on a Monday. On Tuesday, Wednesday and Thursday, there are a flurry of meetings, but Employee A is not invited to any of them. Meanwhile, behind the scenes, the company opens up a personnel file on him and begins to poke around in his personal life, looking for signs of vulnerability: a messy divorce, a drinking problem, a slew of bad debt. By Friday, the company is pretty sure that, one way or another, they are going to fire him. Sensing over the next several days or weeks that he has fallen out of favor, the employee starts to copy documents related to the activity he has stumbled across, and maybe even loads up a thumb drive and takes it home with him. When one day he finally is told to turn in his key fob and is walked out of the building by an HR director – perhaps accompanied by a security guard – it dawns on him that his world is collapsing. He is humiliated and about to become jobless. Somewhere deep inside he is angry. He vows to seek revenge. He decides to become a whistleblower. At that juncture, the smartest thing former Employee A can do, according to Patrick Burns, co-director of Taxpayers Against Fraud, a nonprofit organization founded in 1986 to promote and protect the False Claims Act, is to call him. He will then assess the scenario – and the mettle of Employee A – and help the whistleblower locate some heavy hitters in the legal world who will file a lawsuit in federal court. Burns narrates this typically dark tale with zeal on a steamy summer day in Washington, D.C., at a coffee shop around the corner from an ornate federalist-style building that houses a boutique law firm responsible for some of the largest False Claims Act settlements in U.S. history. L AW D R A G O N

He looks like a smaller version of Curly from the Three Stooges, but he is deadly serious about the realities of taking on a behemoth. “Corporate defendants rely on two things: fear, and the complexity of the fraud,” says Burns. The going can get rough, he cautions. “It’s like oats going through a horse: You’ll never be better, but you might be richer,” he says, reeling off anecdotes about whistleblowers who went up against aerospace and pharmaceutical companies, ordinary employees “who went in whole, and came out whole, but for 10 years in between were crying.” Burns is not suggesting that whistleblowers are or should be motivated solely by money. “Money and change,” he clarifies. “It’s what we want to leave our kids. It’s the world we want to live in. It’s the question we ask ourselves. Are we doing any good?” Before any good is to come from an act of conscience or good, old-fashioned vengeance, however, Employee A needs a seasoned professional who can lead him through a minefield of legal challenges, mental doubts and tests of will. He needs a high quality lawyer – and expert mechanic, in Burns’ parlance – who can diagnose a case, plot a course for dealing with it, and not only prevail but force the culprit to pay for the costs of those who exposed its sins. That’s where Phillips & Cohen comes in.

Erika Kelton walks into the conference room of the ornate federalist building, around the corner from Burns’ office, just off Dupont Circle, to talk about Phillips & Cohen and her approach to hunting big game. Her poise and authoritative presence suggest that she has been on a roll, and for no short period of time. Kelton is a national leader in whistleblower, or qui tam, cases filed under the False Claims Act and state false-claims laws, as well as whistleblower cases under federal provisions relating to the Internal Revenue Service, Securities & Exchange Commission and Commodities and Futures Trading Commission. A graduate of the University of California at Berkeley, Boalt Hall School of Law, where she wrote for the Law Review, she regularly writes op-eds and letters to the editors of various publications, contributes to SEC, IRS & CFTC rule-making processes that reward whistleblowers and speaks at conferences in the U.S. and abroad.


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She also serves on the board of the Taxpayers Against Fraud Education Fund, which was founded in 2005 to further educate the public about the False Claims Act. (Phillips & Cohen is a donor.) She is as heavy a hitter as there is. Both Kelton and fellow partner Colette Matzzie are members of the Lawdragon 500 Leading Lawyers in America. Kelton sits down and describes an endless amount of fraud in the healthcare, defense and telecommunication industries that has already netted billions of dollars in settlements for whistleblowers and the U.S. government that “never ceases to amaze me.” Yet, “the deterrent effect is profound,” she says, noting significant changes in the marketing of pharmaceuticals, to name just one area of change that has resulted from her firm’s successful litigation. The list of Phillips & Cohen’s takedowns is long, punctuated by a leading role in the record-setting $3 billion settlement with GlaxoSmithKline in 2012 for improper marketing practices and financial inducements to doctors to prescribe and promote drugs such as Advair, Wellbutrin and Lamictal for off-label, unapproved uses, and a $1.8 billion settlement with Pfizer Inc. in 2009 for illegally marketing painkillers. But as impressive as the corporate scalps on her wall is Kelton’s mastery of the art of relating to, protecting and I S S U E 15


guiding the whistleblower. “They are all sorts of different human beings,” she says. “Their personalities are all different. Most have tried other means and have been frustrated. I might be the first person who has taken them seriously. They may have lost their jobs. They want to correct wrongdoing. They are incredibly admirable and courageous. Many will be friends for life.” Not surprisingly, Kelton is fiercely loyal to her clients and defends their motivations and honor. “Opportunism is not rewarded,” she says, deflecting any suggestion of a jackpot mentality. “This is very risky business. There are no sure bets. Most awards are not necessarily life-changing.” One whistleblower’s life who has changed as a result of his association with Kelton is former GSK employee Matthew Burke. “I have so much admiration for her,” Burke says of Kelton. “What I find so impressive about her is that it’s about justice, and doing the right thing. It’s about fair play.” Mary Louise Cohen, one of the firm’s founding name partners, says that Kelton embodies the firm’s brand in that she “sees the forest,” pointing to her “entrepreneurial instinct” and “foresight” as her key leadership qualities. “Plus she’s a fabulous writer,” Cohen adds. Burke and Kelton got to know each other well: The Glaxo case went on for approximately 10 years. And not only did L AW D R A G O N . C O M

Burke was fired, he says, simply for forwarding the email. “I began looking into the marketing of the product,” says Burke. “I was motivated by the fact that I had been bullied, and the fact that GSK was marketing products that were improper and dangerous.” He reached out to Phillips & Cohen after a friend informed him of the firm’s success in bringing whistleblower cases. “I knew that most of the time it doesn’t work out well for whistleblowers even when they effect change,” he says, “but my engagement with them was so positive.” Burke attributes his experience to Kelton’s deft handling of the matter, which included the help of another whistleblower from Glaxo, he says. “I consider her a friend. We took on Goliath together. She managed our expectations, respected our intelligence, and treated us as partners in the process.” He also sees the way his employer handled the matter as a key to his decision. “They offered me a separation agreement and $140,000,” he says. “They said, ‘Matt, just take the money, you’ll get another job.’ It was arrogant and dumb on their part.” SEN. CHUCK GRASSLEY (R-IOWA), ONE OF THE CO-AUTHORS OF THE FALSE CLAIMS ACT, SAYS IT’S Once committed to a whistleblower lawBROUGHT IN $40B TO THE U.S. TREASURY: “SHOULD YOU HAVE TO DEFEND THAT? YOU WOULDN’T suit, finding the lawyer with the raw skills THINK YOU’D HAVE TO.” (PHOTO PROVIDED BY HIS OFFICE.) was only part of the equation for Burke. Burke emerge victorious, he appears relatively unscathed. “You have to have someone who cares for people, because Burke describes himself as a competitive guy from a they often have to manage difficulty in their lives. Erika was large family who grew up playing high school and college always there to remind me of the higher purpose of what we baseball. He worked at Procter & Gamble until moving were doing.” He says he had doubts that his case would be successful, over to Glaxo, where he started in sales and marketing, and that he never considered the thought that it would eventually becoming a regional vice president of sales. play a lead role in the historic $3 billion settlement. (Phillips Eventually he became aware of what he describes as & Cohen’s case along with a separate case in Colorado “immoral and illegal things” that reminded him of the lurid accounted for more than $1 billion of the civil settlement tales at the center of “a John Grisham novel.” and $767 million of the criminal settlement paid by Glaxo.) According to Burke, one of his sales reps had observed “I knew I could be blackballed, and I knew that just because a physician speak on a number of occasions about off-label you are right doesn’t mean that you’ll win,” he says. “But I uses for the drug Wellbutrin, which accounted for $2 bilgot punched in the face, and I wanted to punch back.” lion in sales at the time. She conveyed this in an email to her manager, who shared the information with Burke, who also shared the information with Glaxo employees. Burke soon found himself in a crossfire: “There were 20 off-label claims that were replete with concerns, and at the same time the [Food and Drug Administration] was investigating both Wellbutrin and the speaker at the program.” L AW D R A G O N

Matthew Burke is perhaps the

archetype that John Phillips had in mind for the core clientele that would drive his law practice for decades. Now the U.S. Ambassador to Italy, Phillips was an idealistic young lawyer in the late 1970s when he first got a taste of the power of legislative politics. The National Rifle


I S S U E 15

Association had a stranglehold on elected officials and John Lennon had been assassinated, in 1980, when Phillips took a sabbatical to campaign for a gun law in California that was destined to fail. Returning to his law practice after a three-year campaign, Phillips found himself wondering how to finance his representation of clients who were seeking to hold corporations accountable for their fraudulent acts. In conducting legal research he came across a dormant statute enacted under President Abraham Lincoln and saw that it contained a unique provision: A private citizen could stand in the shoes of an attorney general, pursue litigation against corporations and be entitled to a portion of any money damages generated by the case. The law had been restrictively narrowed to the point of irrelevance, and Phillips thought, “This could be a tremen-

A key to success in specializing in False Claims Act cases is to “filter out crazies and conspiracy theorists,” according to Phillips. “Who has the documents and who doesn’t? The last thing you want to do is bring a case with an unstable client. Even if the case is good, if the client is unstable, you don’t take it. Others are solid. They are doing it for the right reasons. But even if they are doing it for the wrong reasons, if the case is strong and the law works in your favor, you still bring the case.” Another major factor is the government’s involvement, says Phillips. Once a whistleblower, or qui tam, case is filed under the False Claims Act, it gets disclosed to the Department of Justice and remains under seal for 60 days while federal investigators vet the allegations and decide whether to join in the case as an “intervenor,” according to the Department of Justice website. Federal involvement

"I knew I could be blackballed, and I knew that just because you are right doesn't mean that you'll win but I got punched in the face, and — I wanted to punch back."

m at t h e w b u r k e

dous tool in going after fraud in the defense procurement industry,” he says by phone from Italy. Then-U.S. Rep. Howard Berman, a California Democrat, had sponsored a private attorney general statute that contained a fee shifting provision, so Phillips approached him about reviving the so-called Lincoln Law that had been mothballed for years. With the help of Senator Charles Grassley, Republican from Iowa, they passed the False Claims Act, in 1986. Phillips also founded Taxpayers Against Fraud that same year, knowing that the law would need protection. Phillips says the process of educating the public about the power of the FCA was a long one. A feature story in the Los Angeles Times caught the attention of a doctor in La Jolla who helped expose health care fraud, and then another provider who worked for a blood lab helped expose the over-billing of Medicare, the latter netting $100 million. That was in 1992 and 1993, he says, in the context of a multibillion-dollar healthcare industry rife with misconduct. The president of the blood lab eventually went to prison, Phillips says. “The FCA is the good news, but the risks [for whistleblowers] are huge,” he says. “They get blackballed. They become isolated. They get fired. They lose their home. They get divorced, or depressed. I’ve had some die.” I S S U E 15


is generally considered to improve the chances of success and can lead to a parallel criminal investigation. At the end of the 60 days the government joins the case, declines or moves to dismiss it. Sometimes the government settles with the defendant upfront or advises the whistleblower that it intends to decline intervention, which usually is a sign that the case will be dismissed. The act provides for triple damages and penalties up to $11,000 per claim. Ordinarily the successful whistleblower is entitled to 25-30 percent of the recovery, unless the government joins the case, which lowers the whistleblower’s cut to 15-25 percent. Either way, the corporate culprit pays Phillips & Cohen’s legal fees. Phillips’ fellow founding partner, Cohen, says there are three basic categories of lawyers that do what P & C does: drive-by lawyers, showboat lawyers and serious lawyers. “The Justice Department knows that we play by the rules, we won’t breach a court seal and we don’t make unfounded allegations. We don’t ask them to do our work for us,” she says. The Justice Department intervenes in fewer than 25 percent of qui tam cases, and the potential for eye-popping settlements is the biggest lever Phillips & Cohen has in getting the feds on board, Phillips says, pointing to a $130 million settlement that Kelton negotiated in a case the L AW D R A G O N . C O M

government declined to join. “Now [the Justice Department] turns down less cases so they don’t have to answer to Congress,” says Phillips. “The flip side is that they complain that it makes them bring cases that are less certain.” From the government’s point of view, the potential for qui tam cases to result in successful parallel prosecutions also was a turning point in the evolution of the False Claims Act, according to Eric Havian, a former assistant U.S. attorney in the Northern District of California from 1987 to 1994. “Then I saw John Phillips on television after one of those enormous settlements and the light bulb went on,” says Havian, now a partner in Phillips & Cohen’s San Francisco office. “I thought, you know, this is what we should go and do. And I knew this guy, and thought maybe he’d toss us a few cases to get us started.” Havian says that since then he has seen a couple of trends emerge. The first was in the aerospace industry, as Lockheed Martin, Northrop Grumman and TRW all got knocked down for fraudulent practices. “They wrote some very large checks to the government and got some very bad press,” he says. “I’m not going to say they cleaned up their act, but they’ve made progress. They are involved in far fewer cases, and I attribute that to the False Claims Act.” (According to Phillips, the rise of corporate compliance departments is another a direct result of the act’s success.)

In the 1990s, a different trend emerged in the healthcare industry, according to Havian. “They’re going through what looks like a longer learning curve,” he says. “When [big pharmaceutical companies] started getting hit, it seems like they doubled down and proceeded to get hit harder. There still seems to be a part of that industry that wants to battle. I’m not sure if they are as bright as the aerospace industry, but it does seem to take them longer to adjust their practices.” From Havian’s perspective, it’s the Justice Department that should be doubling down, because even as the act has only increased pressure for corporations to reform their practices, the threat of liability can become a mere cost of doing business if the profit motive is high enough. In the health care arena, he suggests, exclusion from Medicare and threat of culpability for senior executives are avenues that could be attitude adjusters. “It doesn’t make sense to not be more aggressive,” he says. “True, there are limited resources, and some prosecutors are not as hardworking as they should be, but if you are ambitious, the way to make a name for yourself is by going after the big fish.” The big fish, however, have in some instances ramped up their retaliation tactics, Havian says. In the Glaxo case, for example, Matthew Burke simply got fired. But in other cases, the corporation in question has gone after the whistleblower in court for allegedly stealing documents. “There’s less tolerance for dissenters who stand up and say, ‘this isn’t right.’ We’re seeing more cases than ever yet JOHN PHILLIPS, NOW THE U.S. AMBASSADOR TO ITALY AND RETIRED FROM HIS FIRM, IS ONE OF THE VISIONARIES BEHIND THE FALSE CLAIMS ACT. (PHOTO BY TELENEWS/ZUMA PRESS/NEWSCOM.) whistleblowers get treated worse and worse. With children, you punish the hell out of them in hopes that they’ll stop what they’re doing. That doesn’t work with whistleblowers. You slap them down and they get angry, then they are determined to cross the line and they show up in our office. It certainly keeps us in business.”

The sign on the

suite in the Hart Senate Office Building reads Sen. Chuck – not Charles – Grassley, and on this June day a parade of school kids and civic association members is coming and going at regular intervals. Eventually, Grassley takes a break from meeting with con-



I S S U E 15

stituents to talk with Lawdragon about whistleblowers, corporations and Congress. As one of the authors of the False Claims Act, he has enough of a bird’s-eye view of the history of the law to be frustrated with the politics that go along with it. As an Iowa farmer, he also demonstrates a plainspoken crabbiness and little patience for people who can’t get common sense through their thick skulls. “You’re here to talk about the False Claims Act?” he says in a louder-than-necessary speaking voice. “I’m happy to talk about it because this legislation has been under attack since the day it was passed. We passed it in 1986 and it wasn’t even used that much until 1991.” Grassley recalls being bothered by fraud, waste and abuse in the defense industry when he spearheaded the act, and it’s that very same industry that has “tried to neuter it” ever since, he says. “I was trying to do oversight of the Department of Defense,” he says, “I was looking to save the taxpayer money, but I was having all kinds of trouble getting contacts with people on the inside who you might call whistleblowers, or reformers. They found someone like me encouraging, and they started coming to me.” Eschewing the specifics of legislative history, Grassley relates how he and Phillips became acquainted via a staff member in the mid-1980s, which led to the genesis of the act. “We were fighting DOD and senators who were putting a hold on it,” he recalls, “and [Senator] Jesse Helms had a hold on the bill in his committee. Now you’d have thought that’d be the end of it, but I went to Jess and talked with him about it and he said, ‘You know, that’s not a bad idea.’” Over the years, Grassley complains, court interpretations have undermined the law, and that makes him unhappy. “Maybe they didn’t understand it,” he says, leaning in close, poking his finger in a reporter’s thigh to make his point: “Do you know it’s brought $40 billion into the U.S. Treasury? Should you have to defend that? You wouldn’t think you’d have to.” Deterrence has an even greater value, Grassley continues: “You got faceless people in the bureaucracy, you see, and maybe they’re thinking they want to defraud the government. But now maybe they’re thinking twice. So how do you measure that? You can’t measure that, ya know.” Aside from Congress and the corporations themselves, Grassley has choice words for the Justice Department for what he sees as an overly deliberate approach to intervening in whistleblower cases. “In the past, [the department] just thought about you as a private citizen filing a qui tam action, but now they see it as, ‘Hey, this is making it look like we ain’t doing our job,’ so they may have accepted it more. They seem to be getting the feeling that they want to be a part of it. But not right away. No. They take their time and it’s slow, and it keeps the [whistleblower] from moving ahead. They oughta” – and here he pauses I S S U E 15



to glance at a staffer who gives him a nod – “do the job or get off the pot.” No fan of lawyers in any context, Grassley reserves any sense of approval in this whole equation for the whistleblowers themselves – but in his typically blunt, unsentimental manner. “Most of ‘em get hurt professionally, ya know? They get treated like the skunk at the picnic,” he says, before heading off to greet another group from some Chamber of Commerce or another. For Patrick Burns, it’s visionaries like Chuck Grassley and John Phillips, and expert legal “mechanics” like Erika Kelton and Eric Havian, who’ve made it possible for courageous figures like Matt Burke to hold Corporate America accountable for its fraudulent behavior. “You do good, you get good,” he says. “That’s true for Phillips & Cohen, and it’s true for successful whistleblowers. They’ve recovered billions of dollars for the taxpayers. They’ve changed corporate culture. And they’ve made millions for themselves on the backs of liars, cheats and thieves.” L AW D R A G O N . C O M

Christopher Seeger SEEGER WEISS (NEW YORK)

The real sweet science has nothing on this year’s Lawdragon 500s. Sting like a bee? For real. One or two, like this year’s Christopher Seeger of Seeger Weiss, have been known to throw a punch inside a ring. What we’ve called them out for in these pages are the blows they’ve landed for social justice, big-ticket clients and progress in the legal profession.

FLOAT LIKE A BUTTERFLY Seeger teamed with another Lawdragon 500 perennial, Brad Karp of Paul Weiss, to bring a new day to the National Football League’s approach to player safety, particularly head injuries, and compensation for injured athletes. More rounds will doubtlessly follow, with many of the lawyers in these pages on the card. The hands can’t hit what the eyes can’t see? We want you to see it all in this annual tribute to those lawyers who go the distance.






500 Arthur Abbey A B B E Y SP A N IE R ( N E W YORK) Abbey has one of the strongest track records in the history of securities litigation, with billions in verdicts and settlements on behalf of investors to his credit, and he also gives back as chairman of the board of New York Law School.

Matthew Abbott P A UL W E ISS ( N E W YORK) Among the busiest dealmakers in the private equity and M&A field, Abbott represented General Atlantic in its investment in benefits-services firm CareCore National and Aceco TI in its purchase by KKR.

Nancy Abell

P A UL H A ST IN G S ( LOS A N G ELES ) She’s a killer queen – of employment

class actions, that is. The longtime head of Paul Hastings’ preeminent employment practice whittled class claims against Cintas and Forever 21 to a single plaintiff in each matter.

Robert Adams

SH O O K H A R DY ( K A NS AS C ITY, MO.) Plaintiffs’ lawyers have their

hands full when battling against Adams, who has more than 40 jury trials under his belt and an impressive record of defense verdicts.

Linda Addison N OR TON R O SE F UL BRIG H T ( N EW YORK) An accomplished leader and one of the nation’s foremost litigators, Addison was the right choice to serve as managing partner of Norton Rose Fulbright’s U.S. practice.

Michael Aiello W E IL G OTSH A L ( N E W YORK) Weil’s dealmaking king has had his hand in several of the biggest transactions of recent years, such as his work for Evercore Partners as advisor to the special committee of Dell’s board of directors in the $24.4B buyout.

Tom Ajamie A JA MIE ( H OUST O N ) Ajamie remains one of the most prolific and successful anti-fraud courtroom crusaders, with billions of verdicts, settlements and awards under his belt and a full caseload in the post-financial crisis era.

Charla Aldous A LDOUS L A W ( DA LLAS ) One of just eight women in the prestigious Inner Circle of Advocates and among the best trial lawyers in the state, Aldous continues her tireless fight for injured plaintiffs.

Mary Alexander MA R Y A LE X A N DE R & AS S OC . ( S AN FRAN C IS C O) Alexander’s long history of protecting the injured and consumers was appropriately honored in 2013 by her induction into the State Bar of California’s Trial Lawyer Hall of Fame.

Maureen Alger C OOLE Y ( P A LO A L TO) Cooley’s pro bono partner has been a champion of public interest legal work around the nation and played a key role in the establishment of the Bay Area Rural Justice Collaborative to provide free immigration and housing advice in underserved communities.



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the first tenured African-American Professor of Law at Harvard Law and taught at NYU Law. How did that

have shaped and framed the modern discussion of civil

relationship develop and what did you learn from him?

rights in America, it is the NAACP Legal Defense and

SI: Derrick Bell was one of my mentors (I have been

Educational Fund. “The best civil rights law firm in

blessed with many mentors) and he principally encour-

American histor y,” as President Obama called it, has

aged me when I was writing my book. In fact it was

never been content to rest on its laurels, and Sherrilyn Ifill, named president of the LDF in 2012, has determinedly pushed the mission and dream of equal rights

Prof. Bell who insisted that I apply to MacDowell, the writing colony, to break through writing some critical chapters. I applied and was accepted and wrote for 8

forward on every front. In a year that has been marked by the 50th anniversary of the signing of the Civil Rights Act and the 60th anniversary of Brown v. Board of Education, Ifill, NYU Law ’87, has made the most of oppor tunities to

hours a day, every day for a month. Best of all, he never allowed me to develop a sense of satisfaction – even about civil rights victories. And he saw the subtle and devastating ways in which victories were often infected early on with the seeds of future defeats. Brilliant, in-

remind the countr y both of how far it has come and

sightful and compassionate man. Plus he was just fun.

how far it has to go when it comes to providing for

LD: How much does your role as president have to do

equality under the law, political and economic fairness

with fundraising? Does the NAACP LDF have enough

and justice, and human rights. LAWDRAGON: You’re the seventh President and DirectorCounsel of the NAACP Legal Defense and Educational

resources to fulfill its broad mission? SI: Fundraising is a key part of my job and no, we do not have enough to fulfill our mission. LDF has become

Fund, a firm that has played a pivotal role in civil and

an institution and people just expect us to do what we

human rights law and litigation in the United States for 75 years. Do you ever sit at your desk and wonder, “What would Thurgood Marshall have done?” And what

do. But we need resources to support this work. Our attorneys work so hard, and carry such a heavy load and yet to pay just for their travel, for depositions,

do you think he’d have to say about the NAACP LDF in 2014?

for exper t witnesses is a struggle. Ever y lawyer in

SHERRILYN IFILL: No pressure, right? Actually I do

this country should be a supporter of LDF. That’s how

channel former Director-Counsels quite a bit. I find

significant our role has been in shaping the rule of law

that each one in their own way was creative, bold and

and transforming the profession.

original. I push myself to be more courageous largely

LD: Among your writings is a critically acclaimed book

because of the example that each of them set. I think

on the histor y of lynching in the U.S. Are there any

that Marshall would love the work we are doing and

other topics you hope to tackle someday?

our powerful voice. I speak with Mrs. Marshall a fair

SI: When I agreed to take this job I was writing a book

amount (she sits on our board), and she keeps up

about race and Supreme Court confirmation hearings.

with our work. I think we’d be in good shape if Justice

There’s a very particular story I want to tell about a

Marshall were asked about us today.

little known case that I think so well reflects the story

LD: You’ve worked in civil rights, one way or the other,

of race in America. Obviously I had to put the writing on

for much of your professional career. How do you mea-

hold, but I plan to return to writing that book someday.

sure progress? Is it disheartening to still be litigating

But not now.

over the Voting Rights Act?

LD: What would you tell a law student today who wanted to

SI: It’s disappointing to be sure. We all hoped that

do public service work but was $100,000 or more in debt?

America would move faster towards racial equality. But

SI: That student was me! My advice: Follow your passion.

anyone doing this work knows that progress is full of

As a lawyer, you will work incredibly hard anyway. For

stops and starts. We measure progress not only by the

me, I have been privileged to do what I love, so I have

creation of access and opportunity, but also by mate-

always had an incredible sense of accomplishment and

rial changes in the lives of real people. I also think

peace – even as my colleagues went on fabulous trips

it’s impor tant to see progress as changing people’s

and bought new cars!

expectations of what is possible.

See the full Q&A at www.lawdragon.com/lawyer-lime-

LD: You’ve said your mentor was Derrick Bell, who was



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500 Rosemary Alito K& L G A T E S ( N E W A RK) The co-chair of one of the top labor and employment practices in the nation has benefited a tremendous number of companies and made a huge impact on the law with employer-side victories in trial and on appeal.

Samuel Alito U. S. SUP R E ME C OUR T ( WAS H IN G TON , D.C .) High court watchers have deemed Justice Alito the court’s most reliable conservative justice, which he underscored in opinions deleting mandatory birth control under Obamacare in Hobby Lobby and a carve-out allowing some partial public employees not to pay for union representation in Harris v. Quinn.

Riley Allen R IL E Y A LLE N LA W ( O R L A N DO) Allen remains at the top of the field in Orlando for plaintiff-side litigation of all stripes with a long list of multimillion-dollar verdicts and settlements for injured clients.

Joseph Allerhand W E IL G OTSH A L ( N EW YORK) The co-head of Weil’s securities litigation practice is one of the best in the practice nationally as the counsel of choice for Kinder Morgan, Aéropostale, AIG and many others.

Cesar Alvarez G R E E N B E R G T R A UR IG ( MIAMI) From his first days as CEO in 1997, the firm co-chairman has done an amazing job transforming a respected 300-lawyer firm into a global powerhouse spanning 36 offices.

Diane Ambler

K& L G A T E S ( W A SH IN GTON , D.C .) Ambler has established herself as one of the most sought-after advisors on compliance issues in the mutual and private funds arenas.

David Anders W A C H TE L L LIP T O N ( N EW YORK) NBA commissioner Adam Silver turned to Wachtell’s star of the white-collar bar to investigate the Donald Sterling tape controversy before deciding to ban the Los Angeles Clippers owner for life.

Bruce Angiolillo SIMP SO N TH A C H ER ( N EW YORK) Angiolillo secured a New York federal judge’s ruling dismissing securities fraud and Lanham Act claims by Hong Leong Finance against firm client Morgan Stanley.

Francis Aquila SULLIVA N & C R OMWELL ( N EW YORK) The venerable M&A veteran represented Amgen, a regular client, in its $10.4B purchase of Onyx Pharmaceuticals.

Stephen Arcano SKA DDE N ( N E W Y O RK) Head of the firm’s New York M&A group, Arcano has worked on numerous recent high-profile deals, including Gardner Denver’s $3.9B sale to KKR, multiple transactions for Valeant Pharmaceuticals and Time Warner Cable’s merger with Comcast Corp.

Cris Arguedas A R G UE DA S C A SSMA N ( BERKELEY) One of the very best defense lawyers in the nation, whether it’s corporate fraud, murder or defending Barry Bonds in the perjury case arising from the steroids scandal.



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DAVID KAPPOS IT WOULD BE TOUGH TO INVENT A MORE authoritative intellectual property lawyer than David

DK: Cravath provides the world’s highest platform literally and metaphorically for intellectual property work. A key reason I decided to come here is to be able to see

Kappos. An engineer by training, he joined IBM – the

over the horizon. The way you do that is by getting on

world’s largest patent holder – directly out of University

top of issues that are very leading-edge. We have the

of California, Berkeley, Law School. He stayed there for over 25 years, ultimately as Assistant General Counsel and Vice President for Intellectual Property before

clients that do that. We have the client that’s securitizing patent estates to provide liquidity to patent holders so they can do new

serving as Under Secretary of Commerce and Director

things and then taking those estates and finding ways

of the U.S. Patent and Trademark Office (2009-2013).

to extend them to put more products and services in

Kappos joined Cravath, Swaine & Moore LLP last year

the marketplace. That’s a good thing for consumers and

as a partner, where he handles complex IP matters for

also frees up capital. To have a client like that on the

corporate and litigation clients when the stakes are

billions-of-dollars scale creating an intellectual property


marketplace is a huge platform to be able to work from.

LAWDRAGON: At the PTO, did you develop any special

We have deals like that in our securities, M&A and

programs to address what may have been blind spots

bank financing practices. We’re the firm that gets called

in terms of protecting independent innovators as well

on when these things get really complex, like a five-tier

as big and medium-sized businesses?

assignment of an intellectual property interest where

DAVID KAPPOS: I started a very rigorous program that I kept going the whole time I was in the government. On virtually every trip I took, I had at least one meeting

our client is right in the middle and wants to somehow extract itself. These are issues you don’t normally see; there is almost never a playbook for the issues we handle

with independent inventors. They were typically small

for our clients around here.

meetings with five, 10, maybe 20 people. I remember many of these vividly, the San Francisco public library,

LD: Are you seeing an increasing awareness of the IP component as a proportion of deal value?


meetings in Florida and Maine and Massachusetts and

DK: It’s become a lot more valued, and therefore there


Ohio and Wisconsin and Nevada and Texas and on and on.

are a lot more points of contention. With most M&A deals,


LD: What would they say to you?

IP now winds up being one of the last things that gets


DK: First of all, they had great ideas. One is the ac-

decided. Almost everything will be done and we’re still


celerated, or so-called “track-one,” patent process-

negotiating the intellectual property because it’s critical.


ing, which is a huge success. An independent inventor

LD: How does it work with Cravath’s model, which is to

group of people said, “We get that you’ve got 750,000

train all its lawyers as great generalists, who then go

unexamined applications sitting there and you can’t do

and do corporate or litigation work from a shared skill

them all at once.”

and quality base?

here in New York, Louisiana in the New Orleans area,

But, they said, “We’re willing to pay if you could cre-

DK: I do corporate work. I do litigation work. I get to

ate a system that enables you to take a few thousand a

work with people in all parts of the firm. That I find

year and examine them immediately.” And I thought, if

very attractive. When you have these cycles that occur

you pay more and FedEx can send packages overnight,

– extreme specialization, cost cutting – there is always

we ought to be able to figure this out. I took that back

a return to value and an appreciation of the interdisciplin-

to the career team who worked on the Rubik’s Cube

ary nature of what happens when complex transactions

and the next thing you know all the colors are lined up.

occur, which is exactly what Cravath does.

You start out with a concept. You get the comments.

I think the level of appreciation in the industry is trend-

Then you institute a pilot. Then Congress picks up on

ing towards having a law firm that’s not trying to be the

it and says, “Why don’t we make that into a law so that

biggest firm in the world, not trying to be everything

it can be more regularized?” And how did it start? It

to everyone, but is just trying to be the very best at

wasn’t my big idea. It was an individual out in California,

the hardest things – that’s what clients are looking for.

an independent inventor.

That’s what we do at Cravath.

LD: Let’s spend a few minutes talking about your work

Browse the Lawyer Limelight series online at www.

at Cravath and what attracted you here.



I S S U E 15




app to



500 Clifford Aronson SK A DDE N ( N E W YORK) The North American leader of Skadden’s antitrust group represents clients in matters relating to mergers and acquisitions, such as Jos. A. Bank in its $1.8B acquisition by The Men’s Wearhouse and Bally Technologies in its $5.1B acquisition by Scientific Games Corp., among others.

Kevin Arquit SIMP SON T H A C H E R ( N EW YORK) The antitrust master was successful in obtaining FTC clearance for Office Depot in its $1.2B merger with Office Max and also worked the antitrust angle for Smithfield Foods in its merger with Shuanghui International.

Kim Askew K& L G A T E S ( DA L LA S) With dozens of awards and distinctions already under her belt for a career of extraordinary achievement, Askew keeps adding to her track record of success as one of the best commercial and employment litigators anywhere.

Baher Azmy C E N T E R F OR C O N ST IT UT ION AL RIG H TS ( N EW YORK) Thanks to its legal director, the CCR continues to have a tremendous impact across a wide range of human rights issues through often-groundbreaking litigation.

Corinne Ball JON E S DA Y ( N E W Y OR K) Ball’s successful reorganization efforts for Chrysler and current work for the City of Detroit follow an amazing track record of representations for companies in financial distress across all industries.

Michelle Banks T H E G A P ( SA N F R A N C IS C O) A 15-year veteran of the Gap legal team and one of the most respected corporate counsel in the nation, Banks excelled as the head of the company’s corporate governance and compliance functions before becoming general counsel in 2006.

Steven Banks LE G A L A ID SOC IE TY ( NEW YORK) Banks finished his remarkable tenure as attorney-in-chief of the Legal Aid Society to join Mayor Bill de Blasio’s administration as commissioner of the Human Resources Administration, rounding out a 33-year career waging battles for New York’s poorest residents.

Peter Barbur C R A VA T H ( N E W Y OR K) Major corporations place their most important antitrust and FCPA matters in the hands of Barbur, who also regularly provides antitrust regulatory clearance advice for the countless M&As handled by the firm.

Robert Barnett W IL LIA MS & C O N N O LLY ( WAS H IN G TON , D.C .) Barnett continues to have the law practice that most other lawyers and law students can only dream of by representing a unique mix of corporations, business executives, news correspondents and, of course, authors including the three most recent presidents.

Robert Baron C R A VA TH ( N E W Y O R K ) One of the nation’s top litigators in commercial and securities cases has secured the dismissal of five separate actions for client AWB Limited over its participation in the U.N.’s Oil-for-Food-Program in Iraq.



I S S U E 15





MICHELLE BANKS MICHELLE BANKS HAS BEEN WITH GAP Inc. since 1999, when she joined the retailer from

also, in my experience, likely to leave. It’s not always the case, but I have seen a number of examples of that. LD: Are there disadvantages to promoting from within?

an in-house legal position at the NBA’s Golden State

MB: I don’t see this as a disadvantage for succession

Warriors; she became the retailer’s general counsel

planning, as I am a strong advocate for it, but I think if

in 2006. Prior to Gap Inc., she was also an American

you never hired from outside at any level your company

counsel for ITOCHU Corp. in Japan, and worked in private

might become very insular. If you do a lot of promoting

practice. Banks ser ves on the Executive Committees

from within, but you look outside for either a newly cre-

of the Boards of Directors of the Minority Corporate Counsel Association and United Way of the Bay Area. She is also chair of the General Counsel Forum of the

ated position or a position that becomes open at a time when there is no one ready in the department, I view that as a positive – new perspectives and ideas are helpful.

National Retail Association and ser ves on the ABA’s

LD: How can succession planning be successfully inte-

Commission on Women in the Profession. LAWDRAGON: Let’s talk a bit about succession planning. Why do so many companies bring in GCs from outside?

grated with a company’s diversity policy? MB: When we do our annual succession plans and talent reviews, we use a diversity focus as part of that

MICHELLE BANKS: I think it’s usually driven by the

process. We look at our talent and our bench to see

board – the board of directors may feel more comfortable

how diverse it is from a gender, ethnicity and race, and

with someone who has been tested and demonstrated

other perspectives. We have diverse employee resource

success in the role. Often when I’ve seen peer company

groups at our company. We also have mentoring and

GC roles open for a time, the board has expressed a

talent development programs that are not specific to

specific interest in hiring someone who has been a

just women and minorities. Lastly, and this is important,

general counsel. They don’t want to take a chance on

we have a lot of training available, including cultural

someone’s first gig. LD: With more movement from private practice to in-

awareness training and micro-messaging training.

house, will boards consider law firm par tners as well?

That’s important because if you ask leaders to use a

MB: In my industry, it’s fairly rare for a law firm part-

diversity filter in their talent development and succes-

ner to become a GC. When I see that, it’s usually with

sion planning, not everyone is fully equipped with what

smaller companies and when the person has been the

that should look like. We offer training to help leaders

outside counsel for the company. They may have a good

be more effective in managing their diverse talent pool.

relationship with the CEO, who may want their lead

Also, if you just identify who is on your bench, but you

outside lawyer to become their lead inside lawyer, but

don’t have any programs to support them, then they may

there’s little about being a law firm partner that prepares

or may not succeed. We have mentoring and training

you for being a general counsel – it’s ver y different!

programs to help ensure our talent moves along in an

LD: What are the advantages for a company of promot-

effective way. At the same time, we educate leaders on

ing from within the legal team to the GC role?

how to create inclusive environments, so that diverse

MB: There’s a huge advantage to knowing the company,

employees want to work here and they can see that

the industry, the business, the strategy, the financials,

there’s a way for them to succeed here and leaders

the people and the culture. Otherwise, there is usually

are treating ever yone in an inclusive way, no matter

a substantial transition time. The advantage of promot-

how similar or different. The challenge in law firms is having the token woman

ing from within is the person is much more likely to hit the ground running leading to a faster transition.

– the executive committee might have one woman, the

LD: How much does it lead to attrition of good people

compensation committee might have one woman. I be-

if internal candidates are overlooked?

lieve you have to try to build both a diverse employee

MB: I think if there has been a formal outside search

population and a diverse management population. Law

for a new GC and an internal candidate has been con-

firms have always been challenged in that area, par-

sidered but overlooked, he or she is likely to leave.

ticularly at the most senior levels. I strongly believe

Also, if there hasn’t been a process, but there have

robust succession planning could help them.

been senior people internally who have felt that they

Browse the Lawyer Limelight series online at www.

are ready and someone is hired from outside they are



I S S U E 15






500 Judy Barrasso B A R R A SSO USDIN ( N EW ORLEAN S ) Barrasso is on the short-list for defense-side complex commercial litigation and has been a standout in the insurance area, serving in leadership positions on insurance cases tied to Hurricane Sandy and Hurricane Katrina.

Francis Barron C R A VA TH ( N E W Y O R K) The former Morgan Stanley CLO has resumed his key role in Cravath’s renowned litigation practice, handling bet-thecompany cases for prominent companies and executives across a wide range of industries, from finance to high-tech and entertainment.

Scott Barshay C R A VA TH ( N E W Y O R K ) The head of Cravath’s elite Corporate Department is a veteran of many multibillion-dollar deals, including client AerCap’s $7.6B acquisition of International Lease Finance Corp. from AIG and Pilgrim’s Pride in its $7.7B unsolicited offer for Hillshire Brands.

Charlene Barshefsky W IL ME R H ALE ( WAS H IN G TON , D.C .) Corporations looking to make cross-border deals and penetrate new markets throughout Asia, Europe and the Americas have kept Barshefsky at the top of the international trade practice, which she chairs at her firm.

George Bason DA VIS P O L K ( N E W Y ORK) A regular for billion-dollar deals, Bason represented Shire in its $4.2B acquisition of rare disease drug-maker ViroPharma.

Hilarie Bass G R E E N B E R G T R A UR IG ( M IAMI) The firm’s co-president has earned widespread praise for her past leadership of the firm’s litigation department as well as her work overturning Florida’s gay-adoption ban and representing the Homebuilder Group in the Chinese Drywall MDL.

John Baughman P A UL W E ISS ( N E W YORK) A master defense trial lawyer for high-stakes cases, Baughman has defeated more than $25B in claims for clients in recent years.

Samuel Baxter MC KOOL SMIT H ( DA LLAS ) Eastern Texas is Baxter country, thanks to a career including stints as a state court judge, district attorney, and now one of the most winning IP litigators in the land for Ericsson, Medtronic, TiVo and many more.

Candace Beinecke H UG H E S H UB B A RD ( N EW YORK) A talented corporate lawyer and trailblazer among law firm leaders, Beinecke draws widespread acclaim for steering her firm to international prominence and keeping it there.

John Beisner SK A DDE N ( W A SH IN G T O N , D.C .) Beisner leads Skadden’s Mass Tort, Insurance and Consumer Litigation practice; Johnson & Johnson, Merck, the NFL and Pfizer, among others, turn to him when navigating complex, multidistrict cases.



I S S U E 15



Matthew Abbott PAUL WEISS (NEW YORK)



found the Paul Weiss corporate practice to be ver y entrepreneurial, appealing, and I gravitated towards that.

has built an impressive track record of private equity

LD: Within the corporate arena, you’ve developed a

deals at Paul Weiss Rifkin Whar ton & Garrison. The

focus on private equity deals. How did you come to

graduate of University of Toronto Faculty of Law joined

develop this focus? Was there a partner or mentor who

the firm as a summer associate in 1997 and quickly

was influential in the way your career evolved?

found himself drawn to the corporate arena. Almost 20

MA: First of all, I think private equity is a key part of

years later, Abbot continues to be a key player in the

the Paul Weiss corporate practice; it has been for 30-

firm’s success with clients like KKR, Citigroup, Time Warner Cable, and Wyndham International, among others. Global investment firm General Atlantic has relied on Abbott in more than 40 leveraged acquisitions, minority investments and divestures involving its U.S. and

plus years. We have some long-standing private equity clients. A former par tner, and one-time chair of the firm, actually wound up in a management position at a private equity firm. He left Paul Weiss and became the COO of the private equity firm, and his name was

non-U.S. portfolio companies.

Matt Nimetz. He was and is definitely a mentor who

LAWDRAGON: Most of our Lawdragon 500 members

got me involved in General Atlantic matters very early

went to American law schools. Can you share something

on. Since being a summer and first-year associate, it’s

about the University of Toronto that stands out for you?

always been part of what I’ve done.

MATTHEW ABBOTT: It’s a terrific institution. It’s no

It’s no secret that private equity has grown over

secret among the top New York firms in particular that

the last six to seven years and it has grown as part

the candidates that come out of U of T are comparable

of our practice. With General Atlantic, probably the

to the candidates that come out of the best U.S. law

client that I’ve done the most work for, I’ve sor t of

schools. The big Wall Street firms all recruit at U of

grown a lot with them and I’ve been doing their work

T. I was sor t of at the beginning of the trend – now

for over 17 years. It wound up becoming a key part of

almost twenty years ago. I guess I first came down in ‘97, as a summer associate. That was the beginning of

the firm’s practice, and Matt Nimetz in particular was

the wave where New York firms, and also some Boston

instrumental in pointing me in the right direction. He

and California firms, recruited in a concerted way from

is a very impressive guy. He went from being a mentor

U of T. It’s academically ver y rigorous. They have an

internally at Paul Weiss to then being a client. He’s

incredible student body with many in New York and

one of the pioneers I think of representing private

many in Canada, as well. Like any good law school, it

equity funds in New York City. He’s in his 70s now, he’s retired from GA, but I still have lunch with him

obviously prepared me for my career.

at least once a month and seek his advice on a range

Frankly, what I appreciate most looking back at it was the camaraderie among the students. It was a

of matters. I suspect I’m not alone. He’s a great guy

relatively selective law school. U of T is ver y small

and a great mentor.

compared to many of the law schools in Canada and in

LD: Private equity deals can involve different types of

the U.S., so there are really only about 130 students

complicated legal issues in a variety of jurisdictions.

per class. Definitely the relationships I forged have

What keeps you excited about the practice?

been valuable both personally and professionally. I re-

MA: I think it’s embedded in your question. It’s a very

ally met a lot of great people, good friends and great

perceptive question because it’s true. It’s the variety.

professional contacts that have ser ved me well over

Private equity is really an umbrella term, right? When

the last 17 years.

I say I spend a majority of my time doing private equity

LD: Did you always envision yourself coming to New

deals, that could involve minority investments; leveraged

York for a corporate practice?

acquisitions; private companies; public M&A; it could

MA: I don’t know about always coming to New York

involve representing a private equity fund when they are

but cer tainly I was always interested in corporate and

selling a public or private portfolio company; or helping

litigation work. Coming out of law school, I didn’t know

a private equity fund take a portfolio company public.

what I really wanted to do that summer. Paul Weiss

There really is no one kind of cookie-cutter private

recruited me on campus at U of T. When I spent my

equity deal. See the full Q&A at www.lawdragon.com/

summer there, I loved litigation and corporate but I



I S S U E 15






500 Thomas Bell SIMP SON T H A C H E R ( N E W YORK) Perhaps the preeminent U.S. lawyer in private fund formation, Bell has helped The Carlyle Group, Morgan Stanley, Aquiline Capital Partners, Calera Capital, CapGen Financial, J.C. Flowers, The Sentient Group and many others create funds.

Kerry Berchem A KIN G UMP ( N E W YORK) The head of Akin Gump’s corporate practice is an M&A master, handling blockbuster deals for the likes of Max Capital, U.S. Concrete, WMI Holdings and Alterra Capital, among many others.

Max Berger B E R N STE IN LITOW IT Z ( N E W YORK) The legendary securities litigator continues his stewardship of the world’s premier firm focused on investor recoveries with an unmatched record of massive settlements that have also required companies to implement reforms in addition to paying money.

Martha Bergmark VO IC E S F OR C I V IL J US TIC E ( J AC KS ON , MIS S .) Bergmark serves as the executive director of Voices for Civil Justice to bring greater awareness to the need for civil legal aid for the poor and still serves as senior counsel to the Mississippi Center for Justice, which she led until 2013.

Barry Berke KR A ME R LE VIN ( N E W Y O RK) Former SAC Capital portfolio manager Michael Steinberg called on the renowned white-collar lawyer to defend him at trial and now will rely on him to seek a reduced sentence for insider-trading charges.

Sean Berkowitz L A T H A M & W A T K IN S ( C H IC AG O) Berkowitz brings his experience as a federal prosecutor on the Enron task force to bear on his mix of civil, criminal and regulatory cases at Latham, where he is global chair of the litigation department.

Steve Berman H A G E N S B E R MA N ( SE ATTLE) Berman served as co-lead counsel for plaintiffs in the unintended acceleration litigation against Toyota, negotiating a $1.6B settlement of the economic loss claims.

Erica Berthou DE B E VOISE & P L IMP T ON ( N EW YORK) A shining star in the private funds space, Berthou boasts an impressive track record in fund formation in emerging markets such as Latin America.

Preet Bharara U. S. A T T O R N E Y , SDN Y ( N EW YORK) Bharara made his name with a perfect string of nearly 85 convictions or pleas in insider trading cases, recently broken by the acquittal of Rengan Rajaratnam.

John Bick DA VIS P O L K ( N E W Y OR K) The firm’s corporate head was tapped by H.J. Heinz in its $28B sale to 3G Capital and Berkshire Hathaway.



I S S U E 15


Peter Bicks O R R IC K ( N E W Y OR K) When a company’s most important business interests are at stake, it turns to Bicks, who has a knack for prevailing regardless of the claim or jurisdiction – just ask Dow and Dish Networks, to name just a few recent clients.

Barbara Binis R E E D SMIT H ( P H I LADELPH IA) One of the best when it comes to defending pharmaceutical companies, Binis is representing Endo in the pelvic mesh litigation and has taken the lead defense role in other massive litigation for medical device manufacturers, insurers and hospitals.

Bruce Birenboim P A UL W E ISS ( N EW YORK) Birenboim has been one of the go-to lawyers for financial firms in the fallout from the financial crisis, successfully representing the likes of Citigroup and JPMorgan.

Lisa Blatt A R N OLD & P O R T E R ( W A SH IN G TON , D.C .) Prevailing in 32 of 33 cases before the Supreme Court cements this Arnold & Porter practice head’s place as one of the top appellate lawyers of her time – perhaps the most elite group practicing today.

Jeff Bleich MUN G E R TOLLE S ( SA N FRAN C IS C O) Munger Tolles was overjoyed to see this master litigator and one of the best talents of his generation return to the partnership after successful stints as U.S. Ambassador to Australia and Special Counsel to President Obama.

Susan Blount P R UDE N T IA L F IN A N C IAL ( N EWARK) Blount has been with Prudential since 1985 and is closing in on a decade as general counsel, helping to transform the company’s legal department to one of the most admired and award-laden in the country.

Steven Bochner W ILSO N SO N S IN I ( PALO ALTO) The high-tech dealmaker extraordinaire, who in 2012 completed a highly successful stint as firm CEO, has played a role in some of the most notable Silicon Valley transactions for three decades, most recently the Twitter IPO.

Christopher Boies B O IE S SC HILLER ( N EW YORK) This talented transactional attorney and rising star in the M&A world has built his firm’s corporate practice into an impressive complement to the firm’s well-known litigation corps.

David Boies B O IE S SC H ILLE R ( A R MON K, N .Y.) The legend continued his campaign for equal rights – leading to 18 states accepting gay marriage – while winning a rare retrial in a 2nd Circuit ruling for British financier Guy Hands in his fraud claims against Citigroup and an upset victory for shareholder rights in the SCOTUS Halliburton case.

I S S U E 15





CRIS ARGUEDAS VETERAN CRIMINAL DEFENSE ATTORNEY Cris Arguedas is among a small subset of the Lawdragon

LD: Your area of law is still male-heavy. Have you seen any advantages of being a woman defense attorney in the types of cases you handle?

500 Leading Lawyers in America – the type of attorney

CA: For sure. Juries still tend to think women are

who excels at high-profile corporate fraud matters as

sincere, as opposed to being hired guns. Their

well as murder, drug and sex cases, and really anything

star ting point is that we believe what we say, and

and ever ything in between. Like others in this elite group, Arguedas is admired for her cour troom skills, as displayed in the 2011 perjur y case of slugger Barr y

that is a great advantage in establishing credibility with them. LD: As someone who has such a great reputation at

Bonds in San Francisco federal cour t, along with her ability to beat back an investigation before the public ever hears about it. As par t of the “Dream Team” defense of O.J. Simpson in 1995, Arguedas conducted

cross-examination, preparation and cour troom skills generally, a layperson would like to know – how often do you find yourself getting stumped or thrown off course in cour t?

the test cross-examination of Simpson that convinced

CA: As a criminal defense lawyer, it is par for the

the defense not to put him on the stand.

course to get thrown. You just have to expect it, not

Arguedas, a 1979 Rutgers Law graudate, is name par tner at Arguedas, Cassman & Headley in Berkeley, California. Her career has been full of accolades, among

fear it, and take pride in knowing that you know how to get up off the mat. LD: Any rituals you follow before or during trials?

them being named to the International Academy of

CA: During trial, I’m rigid about eating right and ex-

Trial Lawyers and elected as a Fellow of the American

ercising regularly.

College of Trial Lawyers.

LD: I realize specific strategies would var y case by

LAWDRAGON: As a New Jersey native, what brought

case, but are there any global changes to handling

you out West? Did you think you would stay as long

the media in high-profile cases that you have made

as you have? CRIS ARGUEDAS: I came to San Francisco as a law

in recent years?

student to work on Emily Harris’ case. She was a

CA: I used to generally avoid the media. Now, I don’t

member of the SLA and accused of – and eventually

think you can do that. So I tr y to pick a theme, say

pled guilty to – kidnapping Patty Hearst. It was a

it over and over again, and avoid commenting on spe-

ver y high profile and interesting case. I imagined I

cific events, like a judge ruling one way or another

would just stay for a couple months but San Francisco

on something.

proved irresistible, and I immediately star ted looking

LD: What do you do to relax and recharge after a

for post-graduation work. I got hired as an intern at

long trial?

the Federal Public Defender, which turned into a real

CA: Golf. Vacations. Yoga.

job when I passed the bar.

LD: Getting back to New Jersey, was there a course,

LD: As you were developing into a top trial lawyer,

professor or experience at Rutgers that stands out for

was there someone you saw as a mentor or tried to

you in terms of its influence on the career you chose?


CA: I had a summer internship at the Center for Con-

CA: I went to watch ever y great lawyer that ap-

stitutional Rights. They had me choose between two

peared in the federal building while I was a public

cases to work on. One was a class action against

defender : John Keker, Jim Brosnahan, Mar k Topel,

the police on behalf of battered women who had been

Alber t Krieger, Michael Tigar, Michael Kennedy, Tony

ignored. That case was an entire file room of boxes

Ser ra. I could emulate some aspects of each of

of depositions and no one had seen a live person in

them, but they were all men; and that sometimes

years. The other was a women’s self-defense murder

translates differently. Then I met Penny Cooper who

case where you could pick up the file under one arm,

later became my law par tner for 20 years. She was

and it was all about ballistics and conflicting witness

one of the best lawyers I have ever seen – to this

statements. And it was going to cour t immediately. I

day, in all the areas: cour troom work, cross examina-

picked that one and never looked back.

tion, preparation, relationships with clients, judges

Browse the Lawyer Limelight series online at www.

and adversaries.



I S S U E 15






500 Theodore Boutrous G IB SO N DUN N ( LOS AN G ELES ) The noted appellate and media lawyer moved from his success in overturning California’s Prop. 8 gay-marriage ban to the legal battle against teacher tenure, scoring a first-round victory in Los Angeles Superior Court.

David Braff SULLIVA N & C R OMW E LL ( N EW YORK) A perennial standout from the firm’s excellent litigation corps, Braff has excelled in recent years for Goldman Sachs and Barclays in a range of securities and banking litigation, including defending Barclays in LIBOR cases.

Stephen Breyer U. S. SUP R E ME C O U RT ( WAS H IN G TON , D.C .) Justice Stephen Breyer, one of SCOTUS’ more accessible jurists, authored the 6-3 decision siding with ABC and other broadcasters against Aereo and a 9-0 opinion curtailing the President’s appointment powers in NLRB v. Noel Canning.

Brad Brian MUN G E R TOLLE S ( L OS A N GELES ) Brian’s consistently stellar work in multibillion-dollar civil trials and complex white-collar investigations led to his induction into the prestigious International Academy of Trial Lawyers.

Juanita Brooks F ISH & R IC H A R DSO N ( S AN DIEG O) One of the most prolific patent lawyers, Brooks has scored big for Allergan, Fresenius USA and Cephalon.

Lisa Brown G E O R G E TOW N ( W A SH IN G TON , D.C .) Brown brings her experience for the Clinton and Obama administrations to bear on her new role as vice president and general counsel at Georgetown Law Center.

Marcus Brown E N TE R G Y ( N E W O R L EAN S ) The company’s top legal officer orchestrated the recovery of more than $500M in insurance money following Katrina and other storms, helping the company rebuild its damaged infrastructure.

Andrew Brownstein W A C H TE L L LIPTON ( N EW YORK) Corning turned to Wachtell’s corporate group co-chair to complete its acquisition of Samsung Corning Precision Materials from Samsung Display for $1.9B as well as the structuring of the multibilliondollar strategic collaboration between Samsung Display and Corning.

Susanna Buergel P A UL W E ISS ( N EW YORK) Buergel has quickly become one of the leaders of Paul Weiss’ stellar litigation practice, successfully handling Citigroup’s most threatening litigations and regulatory matters.

Donald Bussard R IC H A R DS L A Y T O N ( WILMIN G TON ) Bussard remains one of the go-to transactional lawyers in Delaware for the largest transactions, with deals totaling hundreds of billions of dollars to his credit.



I S S U E 15


I. Neel Chatterjee ORRICK (MENLO PARK, CALIF.)




leagues, and the satisfaction I feel about my practice. LD: Not many people, even lawyers themselves, un-

strong in its region and nationally as Munger Tolles &

derstand how difficult it is to distinguish oneself in

Olson, need partners from the next generation to ascend

today’s legal marketplace. How have you done that in

the ranks and make sure that the firm remains the first

your career and what do you think distinguishes you

help clients turn to for their most important cases and

from other lawyers with the same length of experience

deals. On the transactional side of the practice, one such partner at Munger Tolles has been Mary Ann Todd. Todd is a Munger Tolles lifer, having joined after finishing her 1993-1994 clerkship with Judge Alex Kozinski

and background? MAT: I have always tried to place myself in the position of my client, and have that viewpoint guide my approach to client service. I am very focused on delivering the

of the 9th U.S. Circuit Court of Appeals.

best work product, as promptly as possible, in a form

The Yale Law graduate says that an M&A practice

most usable to the client.

turned out to be a “good fit” for her, and it’s clear that

LD: If you had a chance for a do-over in your career,

the firm’s biggest clients would agree. Of course, with

what would it be?

Munger Tolles that client list is headlined by Berkshire Hathaway, which Todd represented in its $28B acquisition of H.J. Heinz Co. and the $44 billion acquisition

MAT: Happily, nothing material (as we corporate lawyers would say). LD: What’s the best career advice you’ve ever gotten?

of Burlington Northern Santa Fe Corp. Todd has also

MAT: From my first days at my firm, I have heard other

handled major deals for Universal Music Group and BDT

lawyers refer to Charlie Munger’s words of wisdom:

Capital Par tners, among others.

“It’s the work on your desk. Do well with what you al-

LAWDRAGON: Can you describe your journey from

ready have and more will come in.” I think lawyers are

law school to the current status of your practice and

sometimes too focused on pursuing new opportunities

your recognition as one of the top M&A lawyers in

and lose sight of the need to do the highest quality

the countr y? MARY ANN TODD: I really lucked into finding an area

work for their current clients. Successful lawyers must

of practice that has been incredibly fulfilling. I did not

do both. It is a great feeling to have a current client

think I would enjoy being a litigator, and sought out

refer you to a new one.

M&A work as an altevrnative – notwithstanding that

LD: You’ve been doing this work for more than two

law school had not taught me a thing about this type

decades now. Is there anything that still surprises you?

of practice and it was a bit of an unknown. It was the

MAT: In the highly competitive environment in which

right fit. Each year, deal making and transaction work

we practice, I still hear stories about lack of respon-

have brought new challenges, ranging from learning

siveness and lack of sensitivity to client needs that

about a new client or target company’s business to

surprise me. Your client must always come first, and

working through a complicated deal structure.

always deserves your best work, period.

Unlike a lot of my peers at the time, I wanted my

LD: What are you looking forward to in the coming

first post-clerkship job to be with a firm where I could

years? Are you the kind of person who draws up five-

envision staying my entire career. I made a great choice

year plans?

in coming to Munger Tolles, where I have had terrific

MAT: I don’t have a five-year plan, but I do look forward

mentors and opportunities. I have developed strong cli-

to continued challenges in the M&A sector and new

ent relationships over the years that are the highlight

opportunities to do types of deals I have not yet done.

of my practice.

I also strive to be the kind of mentor to new lawyers

LD: Have there been roadblocks along the way and, if

that I was fortunate enough to have at the early stages

so, how did you overcome those?

of my career.

MAT: I don’t view myself as having faced significant

LD: What do you do for fun?

roadblocks in my practice. It is not easy to be a busy

MAT: Living in Los Angeles offers a lot of opportunities

practitioner and an active parent, and I, like many oth-

to spend time in the outdoors. This is my favorite thing

ers out there, would love to have a few more hours in

to do – with my family – whenever I can.

the day. For me the key has been the suppor t I receive

Browse the Lawyer Limelight series online at www.

from family and friends as well as my Munger Tolles col-



I S S U E 15






500 Bradley Butwin O ’ME LVE N Y & MY E RS ( N EW YORK) One of the nation’s best at defending financial institutions in complex litigation, Butwin leads his firm as chair after a successful tenure as head of the litigation department.

Elizabeth Cabraser L IE F F C A B R A S ER ( S AN FRAN C IS C O) The leader of the acclaimed litigation firm continued her co-lead role for plaintiffs in the Toyota sudden-acceleration injury cases and won the ABA’s Pursuit of Justice Award.

Tim Cameron C R A VA T H ( N E W Y OR K) The New Zealand-born litigation star with a special talent for cross-border disputes has continued his busy commercial, securities and antitrust caseload following his precedent-setting securities litigation win for Vivendi in a 2013 bench trial against GAMCO Investors Inc.

Richard Capelouto SIMP SON T H AC H ER ( PALO ALTO) The Palo Alto office head has scored big for Silver Lake Partners in recent years – in addition to the Dell buyout, he guided Silver Lake in its acquisition of a minority interest in William Morris Endeavor Entertainment and the subsequent acquisition of IMG Worldwide.

David Caplan DA VIS P OLK ( N E W Y ORK) Caplan handled PricewaterhouseCoopers’ acquisition of Booz and is advising Comcast in its massive planned merger with Time Warner Cable.

Bill Carmody SUSMA N G ODF R E Y ( N E W YORK) Carmody is among the most nimble, skilled and fearless litigators in the nation working both sides of the plaintiff and defense bar, willing to take almost any complex case to trial and base his fee on the results.

James Carroll SK A DDE N ( B OST O N ) Head of the firm’s Boston-based litigation group, Carroll has excelled in a wide range of cases and regulatory matters for insurers, mutual funds and other financial institutions, as well as technology and pharmaceutical industry clients.

Douglas Cawley MC KOOL SMIT H ( D ALLAS ) One of the most admired IP lawyers in the U.S., Doug Cawley is the go-to lawyer to take on the Goliaths of the IP world, representing VirnetX and i4i in battles against Microsoft, Ericsson in global suits against Samsung and ParkerVision against Qualcomm.

Jonathan Cedarbaum W ILME R HALE ( WAS H IN G TON , D.C .) Cedarbaum’s high-end practice mixes False Claims Act and IP litigation with regulatory guidance on data privacy, financial services and healthcare matters.

Dale Cendali KIR KLA N D & E L LIS ( N E W YORK) Cendali has cemented her reputation as an IP litigator of the highest caliber who excels for a diverse mix of clients in copyright, trademark, patent, defamation, Internet and privacy disputes.



I S S U E 15






succeeded despite not being in the Office, including Kathleen Sullivan and Tommy Goldstein.

move in 2009 when it hired Lisa Blatt to chair the

LD: I see you teach at Georgetown University Law Cen-

firm’s appellate and Supreme Cour t practice. Blatt

ter where you hold a professorship. What advice can

had recently concluded a l3-year stint as Assistant

you give to students hoping to emulate your success?

to the Solicitor General, where she had worked with a

LB: The naked truth is the best form of advocacy.

half-dozen different solicitors general and briefed more

LD: You’re a long way from Texas, where you attended

than 250 cases. Blatt worked at Williams & Connolly

law school. Are you a Longhorn fan? And what is the

and then the Depar tment of Energy before joining the

most valuable lesson you learned in law school?

Solicitor General’s office.

LB: How could I not be? Get up earlier and work harder

Since joining Arnold & Por ter, Blatt has led one of

than everybody else. I’ve mellowed since then.

the nation’s busiest appellate practices while adding

LD: Williams & Connolly is obviously a highly regarded

to her own stellar record; she has prevailed in 32 of the 33 cases she has argued before the Supreme Court, making her mark in several different areas of law.

firm. Can you explain why you left to start a career in government service? Were you set on trying to get to the SG’s office or was a career at the Department of

LAWDRAGON: Can you share the names of others you

Energy something you were interested in?

consider to be the most accomplished Supreme Court

LB: I was not good at trial work; I did not like to travel;

advocates and what lessons have you drawn from them?

and I had been living with my future husband who was

LISA BLATT: Paul Clement. He taught me to be direct

and still is at Williams & Connolly so I wanted us in

and to answer questions with common sense. He’s

separate jobs. As to your last question, I didn’t really

the best.

hit my stride and know what I wanted out of a career

LD: The 2012-2013 term was incredibly successful for you, with victories impacting child welfare, Native American law, water rights, civil rights and antitrust. How

until my late 30s/early 40s. This is where I want to be. LD: Can you describe a few things that kept you at the Solicitor General’s office for 13 years? Is there some-

does a high-cour t advocate prepare for such an array? LB: When I have a Supreme Cour t case, I am never not

thing about your personality that you think enabled

in preparation mode for oral argument. I am constantly

you to transition and work well with six different SGs

thinking about why we should win.

over the different administrations?

LD: And what is the least number of days you’ve had

LB: Two pregnancies and a husband at Williams & Con-

in between arguments?

nolly who traveled a lot. I needed to be in a job with no

LB: Six days, last term.

travel and a predictable schedule. The longer I stayed

LD: How did you feel when you argued your first case

in the SG’s office, the more my brief writing and oral

before the Supreme Court?

arguments improved. So the time there was all produc-

LB: Ill, and I continue to feel quite ill before every argu-

tive from my standpoint. I think, or at least hope, all

ment, no matter what cour t because someone else’s

of the SGs liked my outgoing personality.

rights are on the line as well as my credibility.

LD: You must have had some options about where to go

LB: Comparisons are often made between jury trials and

after. Why did you choose Arnold & Porter? Were you

theater – do advocates ever get stage fright?

interested in chairing an appellate practice as opposed

LD: Appellate oral arguments have an element of theater-

to “just” being a standout practitioner at a top firm?

the advocate’s job is to tell a compelling stor y.

LB: I wasn’t thinking about either of these things. Bob

LD: Do you have any argument superstitions or habits

Litt, a former partner at Williams & Connolly and then

you obser ve?

just leaving Arnold & Porter for government, recruited

LB: Actually, no.

me and convinced me that Arnold & Porter had the right

LD: You spent many years at the Solicitor General’s

mix of talented lawyers, a great client base, collegiality,

office. Do you consider a stint there de riguer to being

and, extremely important for me, flexibility. The firm is

a standout high cour t advocate?

a great, warm, and happy place for former government

LB: Essentially yes only because it is otherwise dif-

lawyers. Lawyers can write their own ticket here.

ficult to get enough practice and experience before

Browse the Lawyer Limelight series online at www.

the Supreme Cour t. But several advocates have wildly



I S S U E 15






500 William Chandler III W IL SO N S ON S IN I ( G EORG ETOWN , DEL.) One of the great minds of corporate governance - who now chairs the state’s Judicial Nominating Commission - Chancellor Chandler has proven that the horse race to win the “Chandler sweepstakes” was worth the hype after his departure from the Court of Chancery.

I. Neel Chatterjee O R R IC K ( ME N L O PARK, C ALIF. ) The chair of Orrick’s prominent IP practice handles the litigation needs of clients like Oracle, Microsoft, Facebook, LinkedIn and Synopsys, among many others.

Bryan Chegwidden R OP E S & G R AY ( N EW YORK) The co-head of the firm’s highly regarded investment management team is called on by Putnam, BlackRock and Western Asset Management Co., among others.

Erwin Chemerinsky UN IVE R SIT Y OF C ALIFORN IA AT IRV IN E ( IRV IN E, C ALIF.) The noted constitutional scholar and appellate advocate has had great success as founding dean of his young school, which is second only to Yale in percentage of students winning federal clerkships.

Evan Chesler C R A VA TH ( N E W Y O R K ) The legendary litigator and storied Chairman of Cravath who still prefers the courtroom to the office, Chesler prevailed in a patent infringement bench trial for client Mylan Specialty and on summary judgment for Qualcomm in a shareholder suit, among other cases.

Morgan Chu IR E LL & MA N E L LA ( LOS AN G ELES ) The awards and settlements kept coming for the companies represented by Chu, the master IP litigator whose donation to Harvard Law led to the Dean’s chair being placed in his and wife Helen’s name.

Michael Ciresi R O B IN S K A P LA N ( MI N N EAPOLIS ) The high-powered litigator and firm founder scored a $2.7B arbitration ruling for Kraft Foods Group/Mondelez International Inc. in a dispute with Starbucks Coffee Co. over the coffee-maker’s termination of a contract between the two companies.

James Clark C A H IL L G OR DON ( N E W Y ORK) Clark is a specialist in billion-dollar deals, such as representing NBCUniversal in its $7.8B purchase of U.S. broadcast rights for the Summer and Winter Olympic Games from 2022-2032.

Richard Clary C R A VA T H ( N E W Y OR K) Clary has showcased his immense trial and appellate skills in securities, antitrust and patent matters time and again; recently, Citigroup directors, Credit Suisse and Deutsche Bank have relied on his talents in high-stakes fraud and shareholder actions.



I S S U E 15






JC: I think the biggest challenge is making sure that leaders can make an honest and reasoned case to

Jerr y Clements is on, and she has pardoned those who

our par tners about the need for change and provide

have figured, based on her name, that she is probably

them with a vision and business strategy that ensure

a guy. Less than 10 percent of the top jobs at the 100 top law firms in the U.S. are held by women and Clements has been running the rodeo at Locke Lord, based

continued viability and competitive advantages in a market that is changing significantly. A law firm that can’t distinguish itself based upon exper tise,

in Texas, since 2006.

quality and value of ser vice, a highly regarded and

She’s steered the firm to international prominence

recognizable brand and a footprint that mirrors that

through mergers and by judicious lateral hiring and

of our clients will, no doubt, be lost in a sea of me-

internal growth. The one-time baton twirler and Miss

diocre competitors.

Majorette of Texas who grew up to become one of the

LD: Locke Lord has a reputation as being a great firm

Lone Star State’s top litigators is now firmly ensconced

for women to work for and clearly has a strong com-

as one of the most influential women attorneys in the

mitment to diversity and inclusion policies. Is that

countr y, effectively the CEO of a half-billion dollar

something that has advanced significantly under your

global empire. She received her law degree from Baylor

leadership in the last eight years?

University School of Law in 1981.

JC: Locke Lord has more than our fair share of strong,

LAWDRAGON: You’ve been an attorney based in Texas

powerful women lawyers. In that regard, we are very

for pretty much all of your professional career and

fortunate. But, as we all know, that doesn’t just hap-

you’ve led Locke Lord on a fairly steady expansion path

pen. I am pleased to say that I am actually the second

nationwide and, more recently, internationally. Over the

female managing partner of our firm. I followed in the

years, how has that changed the culture of the firm?

footsteps of Harriet Miers. Harriet made sure women

What has been the biggest challenge in that regard? JERRY CLEMENTS: The main reason that our three merg-

in our firm had client relationship oppor tunities and

ers have been successful is our focus on preser ving

leadership oppor tunities. I tr y ver y hard to continue

our culture of outstanding client ser vice, collegiality

what she started. Our women lawyers do a great job

and teamwork. We simply won’t do a deal if we can’t

for our clients, our communities and our profession and

convince ourselves that our potential merger partner

I am very proud of that fact.

lives and breathes these same basic tenets. Once we

LD: Can you single out any particular attorneys or men-

get beyond that hurdle, ever ything else tends to fall

tors who helped you on the way up?

into place. Clearly, the biggest challenge is integrating

JC: My “How to be a Lawyer” mentor was Morris Har-

new offices which are geographically distant and mak-

rell. Morris was a former President of the ABA and the

ing sure our lawyers in those offices get to know and

American College of Trial Lawyers, but most of all, he

work with lawyers in other offices. The philosophy of an

was the consummate gentleman and trial lawyer (in

integrated “one firm” mentality is critical to our culture.

that order). He put me on his team when there weren’t

LD: It’s pretty widely repor ted that as a young girl you

many women in the cour troom handling high-profile

met John F. Kennedy just a few hours before he was

clients and cases. He taught me how to win and lose

assassinated – and told him you wanted to be president

with grace and he also taught me that a sense of

someday. As an adult, have you enter tained the notion

humor comes in very handy. That has served me well

of running for office? Might that still be in your future?

throughout my career.

JC: No; however, that early encounter made quite the

LD: I’ve heard you’re a golfer. Favorite courses? What’s

impression on me and probably played a role in making

the most memorable thing you’ve ever done on a course?

me the political junkie that I am today. More importantly,

JC: My favorite golf course is Skibo Links at The Carn-

U.S. and global politics play a critical role in law firm

egie Club in the Scottish Highlands--especially the 19th

management strategies these days. Not paying atten-

Hole! The most memorable thing I’ve ever done on a

tion to what’s going on in the geopolitical environment

golf course was a rare eagle last summer on Number

is a risky proposition for law firm leaders.

4 (Par 4) at Spyglass Hill (driver, 6 iron).

LD: What do you see as the biggest challenges facing

See the full Q&A at www.lawdragon.com/lawyer-lime-

large law firms in the coming five years?

lights/jerr y-clements.


I S S U E 15






500 Paul Clement B A N C R OF T ( W A SH IN G TON , D.C .) Clement has proven himself one of the nation’s best appellate advocates in more than 70 cases before the U.S. Supreme Court and many more of great importance before lower courts, covering a vast range of issues for paying and pro bono clients alike.

Jerry Clements L OC K E L OR D ( A UST I N , TEX AS ) Clements is one of the state’s best litigators and also an admired leader as chair of Locke Lord, leading the recently merged firm to new acclaim in the U.S. and overseas in the U.K.

Richard Climan W E IL G OTSH A L ( R E DWOOD S H ORES , C ALIF.) A mainstay of the high-tech dealmaking world, Climan represented Oracle in its $1.5B acquisition of cross-channel marketer Responsys.

Ty Cobb H OG A N LOVE LLS ( W A SH IN G T O N , D.C .) International intrigue is all in a day’s work for the stellar former federal prosecutor who is the go-to lawyer for the most complex white-collar matters, FCPA investigations and SEC and Congressional inquiries.

Jay Cohen P A UL W E ISS ( N E W Y OR K) The firm’s litigation co-chair is lauded for his range – with victories for the firm’s media and financial institution clients – and was called on to handle the litigation side of Time Warner’s $45B merger with Comcast.

Lori Cohen G R E E N B E R G TR A UR IG ( A T L AN TA) Cohen is the top defense choice for companies facing lawsuits over medical device and pharmaceutical products, including client Bard in the claims over its transvaginal mesh product.

Robin Cohen K A SOW IT Z B E N SON ( N E W YORK) The chair of the best insurance recovery practice in the U.S. and a top-flight trial attorney continues to add to her total of insurance assets recovered for clients, now surpassing the $5B mark.

Jennifer Colyer F R IE D F R A N K ( N E W YORK) The former Association of Pro Bono Counsel president directs her firm’s pro bono program and has been lauded for her work in the areas of LGBT rights, immigration and criminal defense.

Jan Conlin R O B IN S K A P LA N ( MIN N E A P OLIS ) The chair of Robins Kaplan’s business litigation group is one of the best trial lawyers in the nation for complex commercial and intellectual property cases across a wide range of industries.

Richard Cordray U. S. C O N SUME R FIN AN C IAL PROTEC TION BUREAU ( WAS H IN G TON , D.C .) Cordray is heroically turning the tables on financial institutions, taking them to court for deceptive practices in payday loans, debit-card overdraft fees and lending discrimination.

Joseph Cotchett C OTC H E T T P ITR E ( BURLIN G AME, C ALIF.) The unstoppable Cotchett has not lost any steam or fortitude, taking on Wall Street in a wide range of fraud litigation and netting a $1.5B judgment from paint companies.



I S S U E 15


Lucia Coyoca MIT C H E LL SIL B E R BERG ( LOS AN G ELES ) Coyoca takes on tough employment cases and truly excels in disputes within the entertainment industry as a favorite litigator of studios and film financiers.

Gregory Craig SK A DDE N ( W A S H IN G TON , D.C .) The former Obama White House counsel is repeatedly chosen by corporations and individuals facing investigations by the Justice Department, the Treasury, SEC or Congress.

Susan Creighton W ILSO N SO N S IN I ( WAS H IN G TON , D.C .) Creighton is the cream of the crop for antitrust work as co-chair of Wilson Sonsini’s acclaimed practice, which is still basking in the glow of the FTC’s 5-0 decision to close its investigation of Google without any action.

William Curbow SIMP SO N TH AC H ER ( N EW YORK) Curbow is known for his work on blockbuster deals, not least of which was his representation of client Vodafone in the $130B sale of its stake in Verizon Wireless to Verizon Communications.

Christopher Curran W H ITE & C AS E ( WAS H IN G TON , D.C .) Curran’s litigation talents were on display in his defense of Toshiba Corp. against price-fixing allegations made by Best Buy in San Francisco federal court, securing a jury verdict exonerating his client.

Lisa Damon SE Y F A R T H SH A W ( BOS TON ) Damon chairs one of the nation’s best labor and employment practices and is a savvy advisor and courtroom opponent in harassment and discrimination cases.

Catherine Dargan C O VIN G T O N & BURLIN G ( WAS H IN G TON , D.C .) Co-chair of her firm’s M&A practice, Dargan has handled billion-dollar deals for AstraZeneca, Salix Pharmaceuticals and Abbott Laboratories.

Frank Darras DA R R A S L A W ( O N TARIO, C ALIF.) The unquestioned leader of the disability insurance bar has turned his trained eye to athletes, educating top players and younger hopefuls on the importance of insurance in case of injury.

Sheila Davidson N E W Y O R K LIFE ( N EW YORK) The highly regarded in-house counsel made her way to the top of the insurance company’s legal structure after taking her first job there in 1991 and serving a stint as chief compliance officer.

Cari Dawson A LST O N & B IR D ( A TLAN TA) The chair of Alston & Bird’s esteemed class action team remained busy as lead defense counsel in the economic-loss class action over the unintended acceleration of Toyota vehicles.

Thomas Demetrio C O R B O Y & DEMETRIO ( C H IC AG O) No one’s been better in the plaintiffs’ bar than the legendary Demetrio, who has continued to add to his more-than $1B in total settlements and many more millions of dollars in verdicts.

I S S U E 15





MICHAEL CIRESI MICHAEL CIRESI, ONE OF THE MOST acclaimed trial lawyers of his generation, continues to rack up massive verdicts and settlements. In November 2013, the perennial Lawdragon 500 member and

have always taken on cases which, because of their nature, you could not help but be emotionally involved. However, it is critical to the objective handling of these matters to control that emotion within proper channels. You really have to dedicate yourself to making sure

University of Minnesota Law School graduate secured

that the cause does not become personal, such that

a $2.7 billion arbitration ruling for client Kraft Foods

your judgment and objectivity would be compromised.

Group/Mondelez International Inc. against Starbucks

LD: You were quoted in The American Lawyer as saying

Coffee Co. over the coffee-maker’s early termination of

the history of your firm is that you would “take cases

an agreement giving Kraft/Mondelez the right to sell

for all segments of society, so long as the cause was

and distribute Starbucks products.

just.” How do you or the firm define that?

The Minneapolis-based Ciresi is a name partner at

MC: Our firm was founded by two Jewish lawyers in

the powerhouse litigation firm Robins, Kaplan, Miller

Minneapolis in 1938. At the time, Minneapolis had

& Ciresi. Among his many high-profile cases, Ciresi

pronounced anti-Semitism and although the founding

represented Minnesota in its $7-billion settlement with

partners graduated at the top of their class, they were

the tobacco industry in 1998. As he has continued his

unable to obtain employment in top-level law firms. As

success in the courtroom, Ciresi has also devoted much

a result, they star ted their own firm on the bedrock

of his time to charitable work.

principle that we would represent all segments of

LD: What about this Kraft/Mondelez case made it a

society, regardless of wealth, race, creed or whether

complex one to lead?

plaintiff or defendant. We have always believed the

MC: The complexity arose from the extended factual

purpose of a trial lawyer is to provide a level playing

narrative, which bore upon the relationship between

field for all parties. That principle is in the firm’s DNA

Kraft and Starbucks and the unique valuation issues

and it guides us in selecting cases with a willingness

arising from the Supply and License Agreement between

to share the risk with our clients.

Kraft/Mondelez and Starbucks. LD: You’ve cemented your place as one of the nation’s

As a result, we have a history of carefully selecting

finest lawyers by taking on big cases such as The

causes, many of which have been rejected by others, and

Government of India v. Union Carbide and the State of

seeing them through to a successful conclusion. We are

Minnesota’s fight against Philip Morris Inc., all of which

known for our willingness to try cases. We staff those

had monumental rulings. When beginning cases such

cases with small teams of lawyers, each one of whom

as these, do you have any initial understanding of how

is required to know all aspects of a case. It is that ap-

big the final outcome could really be?

proach which allows us to economically achieve justice

MC: One of the things we look to, in considering a rep-

on behalf of our clients. The approach also attracts the

resentation, is the degree of difficulty of the case and

type of entrepreneurial lawyer who understands that the

the magnitude of the issues at stake. The magnitude

ultimate responsibility of a trial lawyer is to serve the

of the issue can either be monetar y or a principle that

cause of justice above all other causes.

needs to be litigated. In that context, we always know

LD: What drives you after 40 years in law practice?

that when we’re involved, the stakes will be significant,

MC: The primary motivation for me is the injustice and

monetary or otherwise. I am privileged to work with an

the unequal playing field that I see in our courtrooms.

extraordinarily talented and dedicated team, which en-

Our system of justice must constantly rededicate itself

ables us to take on these types of high-stakes litigation.

to the principle of real equal access to our courts. We,

LD: In addition to business litigation, you are known for

too often, see dispropor tionate advantage bestowed

your mass-tor t cases, such as the Dalkon Shield litiga-

upon those who have greater resources. The vigilance

tion, which saw women using this form of contraception

necessar y to continuously strive for equal access is

left with fer tility issues. Are cases like this harder to

required of both the bench and the bar. I truly love the

work on due to the emotional and life-changing experi-

practice of trial law because a jury trial is, I believe,

ences your clients have had?

the purist form of democracy.

MC: I think the simple answer to that would be yes,

See the full Q&A at www.lawdragon.com/lawyer-lime-

but the process of handling them is more complex. I



I S S U E 15






500 Alan Denenberg

DA VIS P OLK ( ME N LO PARK, C ALIF.) The head of Davis Polk’s Menlo Park office, Denenberg represented the underwriters of one of the most high-profile

offerings in recent years – the Twitter IPO.

Robert Denham MUN G E R TOLLE S ( L OS AN G ELES ) Denham remains the trusted advisor to always-busy Berkshire Hathaway, guiding the company through a string of billion-dollar deals highlighted by the blockbuster Heinz acquisition.

Paul Denis DE C H E R T ( W A SH IN G T O N , D.C .) A blockbuster year for Denis, a veteran of the Justice Department’s Antitrust Division, who helped OfficeMax secure clearance for its merger with Office Depot and did the same for US Airways with the American Airlines deal.

Kelly Dermody LIE F F C A B R A SE R ( SAN FRAN C IS C O) A passionate advocate for consumers and employees, Dermody orchestrated a pending class-action settlement with Apple, Google, Intel and Adobe Systems over antitrust allegations that the companies conspired to underpay certain employees.

Donald Donovan DE B E VO ISE & P LIMPTON ( N EW YORK) Among the best lawyers in the world for complicated international disputes in courtrooms and before arbitration panels, with noted successes in a wide range of commercial and human rights cases.

John Donovan R O P E S & G R A Y ( B OS TON ) Donovan made headlines by successfully defending Goldman Sachs against negligence, fraud and breach-of-fiduciary-duty claims brought by the founders of Dragon Systems Inc. over the firm’s advice on its $580M sale to another software company.

Diane Doolittle Q UIN N E MA N UE L ( R EDWOOD S H ORES , C ALIF.) Doolittle is regarded as one of the nation’s best trial lawyers for an impressive success rate across commercial and IP litigation cases, as well as in criminal matters involving the FCPA and the False Claims Act.

William Dougherty SIMP SON T H AC H ER ( N EW YORK) The firm’s impressive new chairman is a longtime power in the firm’s M&A ranks, handling billion-dollar deals for clients like Blackstone, Silver Lake Partners and Accenture, among many others.

David Drummond G OOG LE ( MOUN TAIN V IEW, C ALIF.) Drummond has been a key player at Google since 1998, first as its outside counsel at Wilson Sonsini, then as its chief legal officer responsible for M&As, investments and other legal and business matters.

Daralyn Durie DUR IE T A N G R I ( SA N FRAN C IS C O) LinkedIn, Twitter, Genentech and Google all turn to Durie for their most important patent cases; for Google, she is helping to clear the way for the company’s efforts to digitize millions of books.



I S S U E 15





LATONIA KEITH A GLOBAL RECESSION AND ITS IMPACT on the bottom line of law firms might well have been

backgrounds. However, exhibiting a commitment to access to justice is probably foremost on the list, followed closely by possessing strong legal, management,

expected to dampen funding and enthusiasm for pro bono work. Funding, perhaps, but pro bono representation, for tunately, remains par t of the emotional and

and communications skills. It is also ver y helpful to have actual law firm experience as understanding the dynamics and pressures unique to a law firm is a key

professional bedrock of the practice of law. Firms may well have applied the dictum “do more with less” across the board, but the result, for pro bono work, has

component to success. LD: Who has been most affected by this lack of funding? LK: With the economic collapse, more and more people

in many cases been that increased oversight has led

are falling into pover ty ever y day and cannot afford

to better organization, cooperation, and utilization of

to pay for the legal assistance that they need. Mean-

scarce resources. Latonia Haney Keith, firm-wide pro bono counsel at McDermott Will & Emery in Chicago, a 2003 Harvard Law graduate, has been a trailblazer in

while, federal, state and local governments are slashing funding for legal aid at the same time that law firms, corporations and individuals, mindful of expenses in a

the practice area, and is the immediate past president

world of economic uncertainty, are likewise retrenching.

of the Association of Pro Bono Counsel. LAWDRAGON: How did you end up in your role as McDermott’s pro pono counsel?

Put simply, access to justice for the underprivileged and disadvantaged is at stake across the board. This funding crisis though is leading to a phenomenon in

LATONIA KEITH: After clerking on the D.C. Circuit, I

which legal aid resources are understandably focused

began my career as a finance lawyer at another AmLaw

on the truly indigent (though by no means remedying

100 law firm in Chicago. Upon joining that firm, I was

that gap), and as such, there are little to no resources

ver y upfront that I wanted to ensure that a decent

available to serve those who may not be classified as

por tion of my practice was pro bono as giving back to

indigent but nevertheless cannot afford legal counsel.

my community has always been an impor tant part of

As such, the legal aid and public interest community

my life. The law firm was incredibly suppor tive, but as with many law firms at that time, didn’t have a model

is actively seeking creative ways in which to generate

or infrastructure for transactional lawyers interested

sufficient funding. One source of critical funding that

in engaging in a diverse pro bono practice. So, through

I am working to draw attention to is through cy pres

its suppor t, I built my own pro bono practice, which

awards – residual funds from class action litigation

helped me develop relationships with the public interest

that, for various reasons, are unclaimed or cannot be

community both within and outside of Chicago.

distributed to the class members. Federal and state

It was through those connections that I learned

courts have long recognized legal services organizations

about the position at McDermott. At the time, I was

as appropriate beneficiaries of cy pres distributions,

not planning to leave my current firm nor was I seek-

which can be a crucial funding mechanism for ensuring

ing to shift careers. I was however curious about this

access to justice.

unique opportunity, and when McDermott offered me the

LD: Outside your work, what are you passionate about?

position, I had a big decision to make. Though it was

LK: I’m passionate about my two children ages seven

difficult, McDermott through its spirit of entrepreneur-

and four. It is truly amazing to see the world through

ship offered me a chance to build a pro bono practice,

their eyes – the excitement of riding an airplane, the

and it was an opportunity that I just couldn’t pass up.

peals of laughter running through a sprinkler, the sense

LD: Are there more opportunities of this kind out there

of awe when seeing the White House, and the lack of

now and how does one pursue a career in this area?

fear when faced with a steep downhill ski slope. As

LK: Thankfully, the pro bono counsel profession con-

they both have inherited my love for reading, it is such

tinues to grow. Since I came into my position at the

a pleasure to read the classic Harriett the Spy and the

beginning of 2008, the number of pro bono counsel has

modern story Iggy Peck the Architect with them. Though

more than doubled with over 150 pro bono professionals

I sometimes fear they are growing up too quickly, I’m

at large law firms. As it is still a new profession, it is

excited to see what each new year brings.

difficult to ar ticulate how to pursue such a career as

See the full Q&A at www.lawdragon.com/lawyer-lime-

many pro bono counsel have come from ver y diverse



I S S U E 15






500 Brian Duwe SK A DDE N ( C H IC A G O) Head of Skadden’s Chicago office, Duwe regularly advises on complex, high-value deals, including CF Industries’ recent $1.4B sale of its phosphate business to the Mosaic Co.

Karen Dyer B O IE S SC H ILLE R ( OR LA N DO) The tireless and tenacious trial lawyer has her hand in several of the firm’s biggest cases, including Terra Firma’s case against Citigroup and John Ferolito’s dispute with his fellow AriZona Iced Tea co-founder, while litigating over dangerous road bumpers in Texas federal court.

Scott Edelman MILB A N K ( N E W Y OR K) Edelman brings it all to the table as trusted chairman of his firm and talented litigator on behalf of financial institutions and other businesses in major litigation and enforcement matters.

Jay Eisenhofer G R A N T & E ISE N H OF ER ( N EW YORK) Eisenhofer negotiated a $215M settlement for Dutch investors with Merck over allegations that the drug company delayed negative clinical results related to the anti-cholesterol drug Vytorin.

Dianne Elderkin A KIN G UMP ( P H I LADELPH IA) Among the nation’s best trial lawyers for patent cases, Elderkin successfully defended client Janssen Biotech against patentinfringement claims by Abbott GMBH & Co. in a federal court trial.

Michael Elkin W IN STON & STR A W N ( N EW YORK) The managing partner of Winston’s New York office is an uncommonly creative litigator and the best one in the digital media space, winning big for companies with new models to stream motion pictures, TV and music.

Howard Ellin SKA DDE N ( N E W Y O R K ) Ellin regularly advises on landmark deals, such as Mars Inc.’s $2.9B acquisition of Procter & Gamble’s pet food business, and recently has led a number of key transactions in the gaming sector, including SHFL Entertainment’s $1.3B acquisition by Bally Technologies and Bally Technologies’ subsequent $5.1B acquisition by Scientific Games.

Adam Emmerich W A C H TE L L LIP T O N ( N EW YORK) A master of complex and massive deals, often with an international flavor, Emmerich handled Mallinckrodt’s $5.6B acquisition of Questcor Pharmaceuticals and $1.4B purchase of Cadence Pharmaceuticals.

James Esseks A C LU ( N E W Y OR K) Esseks has spearheaded significant LGBT legal victories at ACLU’s Lesbian Gay Bisexual Transgender & AIDS Project, which he joined in 2001 and has led since 2010.

Miguel Estrada G IB SO N DUN N ( W AS H IN G TON , D.C .) Estrada scored big for client Comcast before the Supreme Court in Comcast v. Behrend on class certification of an antitrust claim and before the D.C. Circuit in a ruling cutting back the FCC’s regulatory powers over cable companies in a dispute over the Tennis Channel.



I S S U E 15






WD: A lot of our clients make headlines and we don’t shy away from sharing that, but we also don’t foster a

chairman of Simpson Thacher & Bartlett’s executive

star culture either. We’d rather promote what the entire

committee in 2013, succeeding Pete Ruegger, who was

firm delivers together on behalf of our clients rather than

at the helm from 2004 to 2013. Dougherty embodies

highlighting individual achievements.

much of what has made the firm a distinctly collegial

LD: When you became chairman did you view your role

home for elite dealmakers and litigators. He is prone

more as “if it ain’t broke, don’t fix it” or “we need to

to talk more about his partners than himself, is deeply

chart a new course”?

thoughtful about clients and their problems – and on top

WD: More the former. We’ve got a great franchise, but

of it all, he’s a thoroughly nice guy. Dougherty reflects on his experiences at Simpson

we can strengthen it and we can’t be complacent. We

Thacher and how they’ve prepared him to lead a firm of

take no relationship for granted. My generation has been

sophisticated lawyers who enjoy working closely with

gifted with incredible institutional relationships that we

one another and clients on some of the biggest, most

need to deepen and broaden constantly. We’re in a very

weighty matters in the world.

good position right now, but we can always improve.

LAWDRAGON: Bill, let’s go back to when you were choos-

LD: In what ways would you like to see the firm strengthen

ing what law firm to work at. What attracted you to

or evolve?

Simpson Thacher?

WD: Historically, we’ve adapted well to changing mar-

WILLIAM DOUGHERTY: I really liked the place from the

kets and evolving clients, and I want to make sure we

get-go. Law school was challenging, and I had spent my

continue to do that.

second year summer at two different firms. I decided to

We try to assess where demand is going to be and

interview here as a third year, and I simply connected

make sure we are positioned to meet it. In many cases,

well with the people I met.

individual partners identify great opportunities. Dick

Many of the people that I started with are still my

Beattie and Bob Friedman identified the private equity

partners. There was an esprit de corps about the place

opportunity at its inception in the 80s, and geared us to

and an “open-door” atmosphere about sharing knowledge

excel at it. Tom Bell pushed firm management to allow

and working cooperatively together. Everyone was very supportive of each other, and everyone worked very hard, but no one wore it on their sleeve. I liked that.

him to develop our fund formation practice and has made that group preeminent in the field, not just in the U.S. but internationally. Greg Ressa transformed what had been

LD: What in your mind sets Simpson Thacher apart from

a traditional lender-focused real estate practice into a

a half-dozen other firms at the very most elite levels of

private equity-focused real estate group. That is the kind

law practice?

of vision and adaptability we try to nurture here at all

WD: It’s far from scientific, but we enjoy working with

levels of the partnership. Our partners are continually

each other. I think clients sense that, believe they receive

assessing where the business of our clients is going and

better service as a result, and appreciate that all of the

how we can meet their demands.

resources of the firm will be made available to solve their

LD: What are some of the most important lessons you’ve

issues. We recognize that we’re in a service business

brought to the role of chairman, whether from life or

and it’s about listening to the clients, understanding what they want to achieve and then guiding them there.


And we’re very good at what we do. We know how

WD: I’ve had great mentors, Pete Ruegger in particular.

our institutional clients operate, and as a result we can

Pete taught me this is a people business. A key part of

be stunningly efficient. We have deep expertise in our

my role is to help orchestrate the talent that is here – to

practice areas, we know the market and we understand

facilitate our lawyers’ ability to deliver all the resources

what our clients want to achieve, and that gives us the

of the firm to our clients. For clients, it is about making

ability to execute on their behalf. Our approach also tends

sure we understand their legal needs and ensuring that

to be pretty practical and straight-forward. We focus

we have or develop the resources to meet them so we can

on getting results for our clients rather than promoting

broaden and deepen our relationship with them. Browse

ourselves or our individual lawyers.

the Lawyer Limelight series online at www.lawdragon.

LD: Do you envision the firm working to grab more headlines?



I S S U E 15






500 Bruce Ettelson K IR KLA N D & E L LIS (C H IC AG O) The leader of his firm’s private funds group has built it into one of the nation’s preeminent practices and boasts an impressive resume of representing private equity firms and their managers in fund formation.

Greg Ezring P A UL W E ISS ( N E W Y OR K) An uncommon talent in the private equity field, Ezring worked on Apollo Global Management’s $2.5B purchase of McGraw-Hill Education and Crestview Partners’ acquisition of DS Waters of America Inc.

Leslie Gordon Fagen P A UL W E IS S ( N EW YORK) The firm’s reputation for excellence in complex litigation across all jurisdictions is based in no small part on Fagen, whose record of achievement over four decades is nearly unmatched.

Rob Falk H UMA N R IG H T S C A MP A IG N ( WAS H IN G TON , D.C .) Falk has excelled as the legal leader of the largest organization fighting for LGBT rights as it has played a key role in marriage-equality battles across the nation.

Kenneth Feinberg F E IN B E R G R O Z EN ( N EW YORK) Feinberg has proven again and again he has what it takes to resolve the most complex and gut-wrenching disputes arising from some of the worst events in recent American history.

James Ferguson F E R G USO N C H A M BERS ( C H ARLOTTE) A noted civil rights advocate, Ferguson also has earned his place as one of the 100 members of the Inner Circle of Advocates for his success in plaintiffs personal injury, products liability and medical malpractice litigation.

Nancy Fineman C O T C H E TT P IT R E ( BURLIN G AME, C ALIF.) Fineman earned accolades as one of the lead attorneys who secured a $1.5B settlement with lead paint manufacturers to pay for abatement of the paint in Calfornia homes.

John Finley B LA C KST O N E ( N E W Y O R K ) This acclaimed chief legal officer and former Simpson Thacher partner oversaw Blackstone’s many deals, including the $6B sale of GeoSouthern assets to Devon Energy and the $2B sale of Coram to Apria.

Bob Finnerty G IR A R DI & KE E SE ( L OS AN G ELES ) Finnerty has been one of the Girardi & Keese standouts over the past few decades, accumulating verdicts and settlements that total more than $500M for his clients.

Jeffrey Fisher ST A N F O R D L A W SC H O OL ( S TAN FORD) Those who can, teach: Fisher is a renowned Supreme Court litigator, with 23 arguments under his belt, and he established a clinic devoted to high court litigation at Stanford Law.

Ora Fisher L A T H A M & W A T K IN S ( ME N L O PARK, C ALIF.) Fisher has a long history of major deals on her resume for clients like Yahoo! and National Semiconductor and as co-vice chair has played a key role in Latham ascending to new heights and influence globally.



I S S U E 15


Thomas Melsheimer FISH & RICHARDSON (DALLAS)




for everyone. It requires a certain temperament. And there’s a different rhythm to life as an appellate lawyer.

Shanmugam is on his way to an illustrious career as a Supreme Court advocate. One of the youngest Lawdragon 500 members ever, he was the first lateral

If anything, cases actually move more quickly at the appellate level, so you’re always moving on to the next case. LD: What was the first Supreme Court argument you

par tner hired by Williams & Connolly in 22 years. He’s


given 14 high-court arguments – last year breaking the

KS: The first Supreme Cour t argument I saw was in

high-water mark held by the legendary Edward Bennett Williams for the most by a lawyer in the firm’s history. The Lawrence, Kansas-born prodigy attended Harvard

1999, in a case called NCAA v. Smith. I was clerking for Judge Luttig at the time, and my co-clerks and I went up to the court to watch oral arguments.

College at 16, serving as editor-in-chief of the Harvard

Three lawyers argued the case. One was John Roberts,

Independent and winning a Marshall Scholarship to

the second was Carter Phillips, and the third was Ed

Oxford by answering questions such as “Why was the

Kneedler. [Rober ts, then at Hogan & Har tson, would

poet Ovid exiled?” As if that wasn’t sufficient training

become Chief Justice; Phillips is one of the most re-

to face the Supreme Court justices, he then completed

spected high-court advocates and now chair of Sidley

the legal world’s stations of the cross: serving as editor

& Austin; and Kneedler, of the Solicitor General’s office

of the Harvard Law Review; clerking for the 4th Circuit’s

has made more than 100 Supreme Court arguments.]

J. Michael Luttig and then U.S. Supreme Cour t Justice

And I came out of that argument thinking two things.

Antonin Scalia. He worked with Kenneth Starr at Kirkland

First, I thought, ‘There is no way I could ever do that.’

& Ellis before joining the U.S. Solicitor General’s office in 2004. There, he argued eight cases before the U.S. Supreme Cour t. When he left in 2008, he under took

They were so good. It was legal advocacy of the highest order and to this day one of the best Supreme Court arguments I’ve ever seen. But I also thought, ‘Boy, it

the task of building a preeminent appellate practice

would be fun to do that one day.’

for the estimable Williams & Connolly.

LD: So tell me about your first Supreme Court argument.

LAWDRAGON: How does one join the ranks of Supreme Court appellate advocates?

KS: It was in 2004, in a case called Muehler v. Mena.

KANNON SHANMUGAM: I don’t think there’s any one

I was 32 years old and had just started at the Solici-

path to becoming a Supreme Cour t specialist or an

tor General’s office. I was probably too young to be as

appellate specialist more generally. By and large, it’s

scared as I should have been. But I was still pretty

helpful to have had an appellate clerkship, to have

scared. It is a singularly daunting experience to get up

been at a firm with a significant appellate practice,

to the Supreme Court podium for the first time.

and to have spent time in the Solicitor General’s office.

And, as with all such experiences in life, it was a bit

However, you could find people who are very successful

of a blur. It was only a 10-minute argument, because

appellate litigators who haven’t done all of those things.

the government was supporting the petitioners as an

LD: When you enrolled at Harvard Law School, were you

amicus. Carter Phillips was representing the petitioners,

interested in being an appellate lawyer?

and he got up first and gave his argument.

KS: I certainly did not go to law school with the desire

I felt like the tiny running back who scampers behind

to be an appellate specialist. I really developed that

the big lineman. I felt like getting up and saying, ‘I have

desire while clerking and after coming to private prac-

nothing to add because Mr. Phillips argued so well.’

tice. I went to Kirkland & Ellis, and worked with Judge

And I do remember thinking as I was getting up to the

Starr in the appellate practice there. I was fortunate

podium that I hope I don’t faint or throw up.

to work on cases with him early on in my time there,

LD: And you won!

and I found I enjoyed it. One day I woke up and realized

KS: We did. The court unanimously ruled that the 4th

that all I was doing was appellate work, and I decided

Amendment allows officers to detain an occupant in handcuffs while they are executing a search warrant,

that I didn’t mind that.

and they do not need an independent basis to inquire

A lot of people graduate from law school with a sense that doing Supreme Cour t and appellate work is sexy.

about the occupant’s immigration status.

And it’s ver y easy to think of appellate work as similar

See the full Q&A at www.lawdragon.com/lawyer-lime-

to what you do in law school and clerking. But it’s not



I S S U E 15






500 Patrick Fitzgerald SK A DDE N ( C H IC AG O) Skadden significantly boosted its whitecollar defense talent in 2012 by hiring Fitzgerald after his highly lauded tenure as the U.S. attorney for the Northern District of Illinois; he is frequently called upon to serve as a corporate monitor and counsels companies in connection with headline-grabbing disputes.

Fidelma Fitzpatrick MOTLE Y R ICE ( PROV IDEN C E) Fitzpatrick was co-lead in The People of California v. Atlantic Richfield Company, which led to a $1.1B award against former lead-based paint manufacturers to pay for abatement.

Keith Flaum W E IL G OTSH A L ( R E DW O OD S H ORES , C ALIF.) The perennial M&A power represented Applied Materials in its $29 billion merger with Tokyo Electron, among other blockbuster deals.

Donald Flexner B OIE S SC H IL LE R ( N EW YORK) The anchor of the firm’s top-flight antitrust practice, Flexner is as adept at defending corporate clients in claims brought by federal agencies as he is at litigating against their competitors, such as DuPont in claims settled with Monsanto.

Jodi Flowers MOTLE Y R IC E ( MT. P L E A S AN T, S .C .) The head of Motley Rice’s antiterrorism group has continued the fight for compensation for families of the victims of the Sept. 11 terrorist attack who opted out of the victim compensation fund.

Laura Foggan W ILE Y R E IN ( W A SH IN G TON , D.C .) Foggan remains the best in the business at protecting insurers facing all types of major claims with an unmatched track record in significant trials and appellate cases, while also advocating for the industry before government bodies.

Parker Folse SUSMA N G ODF R E Y ( SE ATTLE) The founder of the firm’s Seattle outpost is one of its best in complex patent cases: He scored a $40M judgment for Two-Way Media in a patent infringement case against AT&T over audio and video streaming.

Stephen Fraidin KIR KLA N D & E L LIS ( N EW YORK) One of the standout lawyers of Kirkland’s M&A practice, Fraidin represented 3G Capital Management in the $28B acquisition of Heinz.

Todd Freed SK A DDE N ( N E W Y O R K ) Co-head of Skadden’s financial institutions group, Freed has handled many significant deals in the financial services and insurance industries, including recent transactions for Amherst Holdings, Validus Holdings, XL Group, Endurance Specialty Holdings and State Farm.

Linda Friedman ST O W E L L & F R IE D MAN ( C H IC AG O) The founder of one of the most effective employee-rights firms has made her mark in discrimination cases, including a $160M settlement with Merrill Lynch over alleged racial discrimination.



I S S U E 15


Agnieszka Fryszman C O H EN MILS TEIN ( WAS H IN G TON , D.C .) Corporate giants have much to fear in the fearless Fryszman, leader of one of the best private international human rights practices in the world.

Vijaya Gadde TW IT T E R ( SA N F R AN C IS C O) The former Wilson Sonsini lawyer proved that Twitter made the right call in promoting her to general counsel, adeptly handling the company’s massive IPO after just four months on the job.

James Gallagher JOH N H A N C OC K FIN AN C IAL S ERV IC ES ( BOS TON ) Gallagher boasts great legal skills in compliance matters and also a deep commitment to his city, playing a key role in establishing the One Fund Boston for victims after the Boston Marathon bombings.

Kenneth Gallo P A UL W E ISS ( W AS H IN G TON , D.C .) News Corp., Sharp and MasterCard have placed their biggest antitrust matters with Gallo, who also boasts an impressive track record in complex patent litigation for clients like Genentech, BASF and Nichia.

James Garner SH E R G A R N E R ( NEW ORLEAN S ) Excellent in both trial work and at the appellate stage, Garner combines his immense legal talents and background as a chemical engineer to shine as one of the top litigators in the oil arena.

Gregory Garre L A T H A M & W A T KIN S ( WAS H IN G TON , D.C .) The former solicitor general who chairs Latham’s Supreme Court and appellate practice won a major victory in Vance v. Ball State for Garre’s employer client in a decision that narrowed the definition of supervisor.

Deborah Garza C OVIN G TON & BURLIN G ( WAS H IN G TON , D.C .) Garza has built one of the best antitrust practices in the nation since joining Covington in 2009 from the Justice Department, where she headed the antitrust division.

Douglas Gaston C OMC A ST ( P HILADELPH IA) The highly admired General Counsel has passed the decade mark as the shrewd manager of the vast range of tricky legal issues faced by Comcast, which he joined in 1996.

Mark Gately H O G A N L OVE LLS ( BALTIMORE) An acclaimed trial lawyer, Gately is game for any type of complex case involving securities fraud, products liability, antitrust and other claims for a wide range of corporate clients.

Faith Gay Q UIN N E MA N UE L ( N E W YORK) Quinn’s trial practice co-chair shines in all types of high-stakes civil and criminal matters and has represented the likes of Home Depot, Morgan Stanley, Novartis, Pfizer, Coca-Cola, Motorola and many others.

I S S U E 15





STEVEN BOCHNER NO LEGAL MARKET IS HOTTER IN THE U.S. than Silicon Valley, and no one embodies its ethos quite like Steven Bochner. A corporate and securities lawyer extraordinaire, he’s counseled countless startups as well as some of the biggest players in the region, including Adobe, NetApp, Autodesk, Aruba Networks, Twitter and Rackspace. The son of an immigrant Holocaust sur vivor, his family moved from Chicago to San Diego before settling in South San Jose when he was in elementar y school. Steve went to college at San Jose State and then moved across the Bay for law school at University of California, Berkeley, Boalt Hall. Bochner joined Wilson Sonsini Goodrich & Rosati as its 21st lawyer in 1981. The firm now has more than 650 lawyers in 14 offices and handles more venture financings and IPOs in the technology sphere than any other firm. It has also handled more than 500 M&As with a total value in excess of $150B in the past five years. Bochner was the firm’s CEO from 2009-2012, and is a leading voice for the region as a member of the Federal Reser ve Bank of San Francisco’s board of directors and co-chair of Joint Venture Silicon Valley.

In some industry segments, the infrastructure has already been built — mobile apps are a great example. That’s changing the way startups are getting funded and it’s one of the factors that is accelerating the pace of innovation. LD: Tell me a bit about how you became an expert on funding new ventures. SB: It’s been a natural progression. Early in my legal career, I was for tunate to par ticipate in the venture financings, IPOs and mergers of many leading Silicon Valley companies. I then started speaking and writing on various securities law topics, followed by teaching law at Berkeley. That got me further interested in the academic side, which morphed into thinking about regulation and policy-level issues. I was very fortunate to have the opportunity to work with Nasdaq and chair its listing council through the Sarbanes-Oxley era and the governance reforms that Nasdaq helped create. That leveraged into work on the Securities Exchange Commission’s advisory committee, which fed into the IPO task force, which presented a repor t to the U.S. Department of the Treasury on improving access to the capital markets for emerging growth companies.Which

He is also the chairman of the Berkeley Center for Law,

plays right into my areas of expertise and experience.

Business and the Economy and chairman of the Nasdaq

Tech is changing the way we interact and communicate,

Private Market advisor y board.

and a good portion of the regulation in the securities

LAWDRAGON: Steve, you are truly a born-and-bred Silicon

law area deals with communication and interaction.

Valley lawyer. What do you like about practicing there?

LD: You and the firm have participated in some of the

STEVEN BOCHNER: I’ve got really great clients who

biggest and most interesting IPOs in history. How have

are doing amazingly cool things. The diversity and

you observed that process change over the years?

speed at which new technologies are being invented

SB: The complexity of the process has increased. The

and developed is really astounding — in fact, it feels

size of the company required to interest investors and

like the cycle of innovation is spinning even faster now.

comply with some of the requirements — for example,

We’re all so interconnected.

the internal controls and governance requirements —

LD: Let’s talk a little about the changes in Silicon Val-

results in much larger companies going public now.

ley law practice over the past 30 years.

When I star ted practicing, companies with $25M in

SB: When I started practicing law, it was the beginning

revenue could access the public markets, now it’s $100

of the computer revolution. The focus was on computers,

million. The number and complexity of the regulatory

disk drives, semi-conductors and other silicon-related

requirements have increased requiring bigger expense

technologies. Now the emphasis is on social media,


the cloud, mobile, security and a broad range of other

You’re also seeing more diversity in the industries

emerging technologies that touch everything from how

that Silicon Valley companies specialize in. What was

we travel to how we get our news and monitor our health.

mostly semiconductor, disk drive and a handful of other

In my early years, many of those businesses produced

industries has become a much broader spectrum: from

hardware, which was ver y capital intensive, so they

social media to security to health care to biotech. The

had to raise large amounts of money. Now we’re seeing

pace of innovation has also accelerated.

billion-dollar businesses being created and started on

See the full Q&A at www.lawdragon.com/lawyer-lime-

much less capital.



I S S U E 15






500 Paul Geller R OB B IN S G E L LE R ( B OC A RATON ) The anchor of the firm’s Florida team has been lead or co-lead on many of the biggest securities class actions and consumer cases of the past decade.

Pierre Gentin C R E DIT SUISSE ( N E W YORK) This former federal prosecutor does a masterful job managing Credit Suisses’s civil disputes, investigations and enforcement actions around the world.

Glenn Gerstell MIL B A N K ( W A SH IN G TON , D.C .) The leader of Milbank’s telecommunications practice is simply the best when it comes to orchestrating the most complex transactions imaginable within the industry.

Robin Gibbs G IB B S & B R UN S ( H OUST ON ) Gibbs has been one of the state’s most successful business litigators over a four-decade career, successfully taking on bet-thecompany cases for both plaintiffs and defendants.

Douglas Gibson C OVIN G TON & B U RLIN G ( WAS H IN G TON , D.C .) The heavy hitter among sports transaction lawyers, he represents every major sports league - including the Ultimate Fighting Championship - and specializes in negotiating the biggest-ticket media contracts with networks and cable companies.

James Giddens H UG H E S H UB B A R D ( N EW YORK) Go get ‘em Giddens could be his clients’ rallying cry for his work as Lehman Brothers Trustee and as MF Global Trustee with victories and settlements returning vast funds for creditors and customers of the failed institutions.

Lisa Gilford SK A DDE N ( LOS A N G E LE S) Gilford served as one of the lead defense counsel for Toyota in its unintended-acceleration litigation and is currently representing Emeritus Corp., a provider of assisted living services for seniors, in a putative class action claiming unfair competition and consumer fraud allegations.

Ruth Ginsburg U. S. SUP R E ME C O U RT ( WAS H IN G TON , D.C .) The “Notorious R.B.G.” earned her moniker with withering dissents (Hobby Lobby: “The court, I fear, has ventured into a minefield”) while authoring majority opinions constricting general jurisdiction, protecting whistleblowers and the EPA’s power to regulate ill winds.

Tom Girardi G IR A R DI KE E SE ( L OS A N G ELES ) This top trial lawyer is representing former NFL players who are not satisfied with the $765M brain-injury settlement and netted an $18M verdict for Bryan Stow, the San Francisco Giants fan nearly beaten to death at Dodger Stadium.

Robert Giuffra SUL LIVA N & C R OMWELL ( N EW YORK) Few litigators have been as busy as Giuffra since the financial crisis, a master securities litigator whose talents have benefited a vast number of major financial institutions and corporate clients in recent years.



I S S U E 15






ones, such as opposing the media or a source when it intends to publish or publishes information that punishes

being Jonathan Sherman is perhaps to be one of his clients.

my client for taking risks.

The Boies, Schiller & Flexner partner is Floyd Abrams

LD: But it can be sexy. You’ve successfully fought to open

meets David Boies with a side order of Hunter S. Thompson.

doors to the O.J. trial, the civil trial of gun manufactur-

His passion for the law bubbles forth with astonishing

ers and counseled CBS when the FCC sued over Janet

ferocity, in particular about the First Amendment. His

Jackson’s “slip” at Super Bowl 2004.

first years in practice were with Abrams, the legendary

JS: High-profile cases are awesome. But they are cases

First Amendment titan of Cahill Gordon & Reindel. As a

- all about managing risk and using information - and I

third-year associate, Sherman began to champion cameras

don’t find it sexy to represent a client just because it

in the courtroom as author of the brief that opened the

is the media and asserts a First Amendment defense.

courtroom doors to the O.J. Simpson murder trial.

Sometimes the media uses First Amendment defenses

But that’s not all. A voracious age of all news, all

to achieve immoral ends; I don’t enjoy helping journal-

entertainment, all the time poured through those doors

ists destroy the careers of people who have no power to

as well, sifted and sorted by a new media that turned

fight back. What is sexy is helping them get that power

on its head a publisher’s power to decide what to print.

by using the First Amendment, and serving its purposes.

In its place came a world in which anyone could publish

LD: How has your practice changed with new media? Aside

with no verification and little practical liability. And in

from Edward Snowden, you don’t see many battles over

steps Sherman. He exalts the writings of Supreme Court

what can be published, since it seems like everything is!

Justice Louis Brandeis, even as he sees in them ways

JS: That’s certainly how it’s worked for me. Today, anyone

to protect the livelihoods of a famous editor and a best-

can publish anything. Everyone competes with ideas;

selling author. (Sherman is also a renowned commercial

everyone’s ideas are commodities; the capital markets

and securities litigator for clients including Herbalife and Terra Firma, but that’s the subject for another day.) Today, we’re here to talk about the art of the kill.

reality has begun to resemble the marketplace of ideas metaphor. So my practice increasingly focuses more on

LAWDRAGON: Why become a First Amendment lawyer?

helping individuals and institutions address the integrity

JONATHAN SHERMAN: I didn’t become one. A “First

of what’s written about them. But what stays the same is

Amendment lawyer” will categorically refuse to represent

the process of finding the truth in any context by manag-

a plaintiff against the media in a defamation dispute, or

ing risk. That’s the common thread of all I do - or that any

to compel a reporter’s sources. And drawing that line

good lawyer does. In the past year, I’ve helped a range of

doesn’t make sense to me. Consider Justice Brandeis’

visible people – an editor, a billionaire, public companies,

1927 concurrence in Whitney v. California, the ur-text for

a musician, a writer – challenge things that were being

all modern First Amendment law. “Courage,” he wrote, is

written about them that could have been highly damag-

“the secret to liberty” - the fundamental means to “make

ing or which were and caused damages. And it happens

men free to develop their faculties.” But he made that

in real time. It’s extremely fast work and involves the

point throughout his career about all of law. In 1914,

threat of serious harm to clients’ reputations.

he wrote that “sunlight is the best disinfectant.” But

LD: How do you advise someone in that situation?

he was arguing that government should compel speech,

JS: At bottom, I tell them that they have to work within

requiring large financial institutions to disclose informa-

the boundaries set by First Amendment case law. In the

tion to “small investors.”

last four or five days, I’ve been working with a very well

America was built by “self-reliant men,” who “recognized

known author who’s facing publication of a false story

the risks” of “all human institutions,” so securities laws

that, if published, could severely harm the credibility

help us all dream of building better mousetraps because

he’s worked for years to achieve. I try to intuit the core

disclosure lowers the risk that “too big to fail” banks can

themes of the likely story and advise on the best way to

hide their use of what Brandeis called “other people’s

persuade the publisher that the story is false, or simply

money.” Every lawyer’s job is to help clients assess the

not interesting. That is not an easy job, and it is a process

risk of imagining new truths and better mousetraps. I

that will have an impact on other clients.

became that kind of First Amendment lawyer. I help

See the full Q&A at www.lawdragon.com/lawyer-lime-

clients take and deal with risky choices, even unsexy



I S S U E 15






500 Jay Goffman SKA DDE N ( N E W Y O R K ) Head of Skadden’s corporate restructuring group, Goffman pioneered out-of-court prepackaged restructurings and advises clients on both “prepacks” and traditional Chapter 11 cases, including recent debtors Central European Distribution Corp. and Excel Maritime Carriers.

Martin Gold C O VIN G T O N & B UR LIN G ( WAS H IN G TON , D.C .) Gold used his legislative know-how to persuade Congress to express regret for laws passed between 1879-1904 that violated the rights of Chinese immigrants and restricted the immigration of other Chinese people.

David Goldschmidt SKA DDE N ( N EW YORK) Goldschmidt’s standout corporate finance work includes recently demonstrating his expertise in REIT transactions, advising the underwriters (Brixmor Property Group) in the largest REIT IPO in two decades and the largest shareholder (The Leona M. and Harry B. Helmsley Charitable Trust and the Estate of Leona M. Helmsley) in the IPO of Empire State Realty Trust Inc.

Jane Goldstein R O P E S & G R A Y ( B OS TON ) Goldstein excels in M&As, often with a focus on technology or retail and fashion deals, such as her work for luxury brand Altuzarra in the sale of a stake in the company to Kering.

Marcia Goldstein W E IL G OTSH A L ( N EW YORK) Goldstein remains one of the most in-demand restructuring lawyers in the world for her acclaimed work on cases involving WorldCom, Parmalat, Readers Digest, Washington Mutual, Kaupthing Bank, General Growth Properties and MF Global UK, among many others.

Sandra Goldstein C R A VA TH ( N E W YORK) Cravath’s head of litigation, one of the nation’s best, remains busy handling the litigation needs of companies in the midst of billion-dollar transactions and pressing securities matters, including clients Barnes & Noble, Xerox, and Zale and its board of directors.

Tom Goldstein G O L DST E IN R USSE LL ( WAS H IN G TON , D.C .) Goldstein is widely admired for reinventing high court news coverage while maintaining a remarkably busy and diverse appellate practice of his own, representing all manner of clients.

Mark Goodman DE B E VO ISE & P LIMPTON ( N EW YORK) The firm’s litigation co-chair once again proved himself a skillful advocate in court, winning a jury trial in Florida state court for Bristol-Myers Squibb against $3.4B in breach-of-contract claims by Apotex.

David Gordon L A T H A M & W A T K IN S ( NEW YORK) One of the firm’s co-vice chairs and a major talent in the project finance practice, Gordon’s leadership has helped Latham emerge stronger than ever with an enviable international footprint.



I S S U E 15





MARTHA MINOW MARTHA MINOW DESCRIBES HER WORK at Harvard Law, where she has taught since 1981, becoming dean in 2009, as a cross between managing a multi-stage theater with plays, operas and rock concerts produced simultaneously, and running a city-state with its own domestic and foreign policy. Minow, a University of Michigan graduate with a master’s degree in education from Har vard Graduate School of Education and a J.D. from Yale, came well prepared for both roles. She has been recognized as much for promoting discourse and intellectualism on a world stage as she has for helping to provide civil legal assistance to low-income Americans as a board member of the Legal Ser vices Corporation. Her books have garnered kudos as have her classroom skills and her effor ts as co-chair of the law school’s 2003-2006 curricular reform committee. Perhaps the most famous, or infamous, tour de force of this Lawdragon 500 member involves the only summer associate job recommendation she has ever made – a young first-year from Chicago who, she said, was the best student she had ever had. She told her father, Newton Minow, a managing par tner at Sidley Austin, that the firm should hire the young Barack Obama.

find solutions to the issues that mattered to me. At law school, I helped to found a law clinic representing children and published a study of the role of lawyers for children in custody matters. After law school, I clerked for Judge David Bazelon of the U.S. Court of Appeals for the District of Columbia and then for U.S. Supreme Court Justice Thurgood Marshall. I was offered a job in the Justice Department. But after the Ronald Reagan election, I wasn’t sure that was where I wanted to be. So I thought I would try teaching for a few years and then go back to Washington. But once I started teaching and writing, I never left Harvard Law School. LD: What was the most memorable thing you learned in clerking for Thurgood Marshall? MM: It was an extraordinary honor to work as a law clerk for Justice Marshall, whose deep experiences as a practicing lawyer as well as pioneering work advancing civil rights informed our day-to-day conversations. My teaching and writing on civil procedure – including my co-edited case book – reflect the impor tance he conveyed about following the rules and ensuring their reliability and workability in practice over time. I also remember, vividly, working harder than I ever had. LD: How did your perspective on legal education and

Turns out the law firm already had. LAWDRAGON: What led you into legal academia and

on Harvard Law change when you moved from faculty

then to Har vard Law?

member to dean?

MARTHA MINOW: I grew up in a tumultuous time, dur-

MM: As a dean, my perspective on legal education has

ing the Vietnam War and protests against it, the Civil

broadened from what I knew and saw as a professor. The

Rights Movement, the women’s movement, the early

job change for me was like moving from involvement in

fights over environmental protection. The 50th anniver-

the single drama of my own students and scholarship

sar y of JFK’s death last year reminded me how much a

to managing a whole theater with simultaneous plays,

part of my childhood was shaped by the assassinations

operas and rock concerts under production.

of President Kennedy, Mar tin Luther King Jr., Rober t

It’s also, though, a bit like running a city-state, with its own green policy, health policy, trade policy and

Kennedy and Medgar Evers. I knew my life was going to have to deal with issues

relationships with other institutions and nations. I’m

of social injustice. After college, I applied to graduate

honored to now serve as chair of a new steering com-

school in philosophy, public policy and education. I was

mittee of law school deans for the American Association

admitted to all three, and I thought I would pursue all

of Law Schools, where we hope to help tackle current

of them. I star ted with the Graduate School of Educa-

challenges and opportunities.

tion at Harvard. It was the second year of court-ordered

It’s been fascinating to participate with deans from

busing in Boston. I became the project director for an

other schools here at Harvard as we navigate the pos-

assessment of that second year of Boston busing; I

sibilities offered by new technologies, an increasingly

worked for the master for the Delaware desegregation

global student body and constant recognition that no

case; I worked on school finance and on improving

one discipline or profession is sufficient in addressing the pressing problems of our world. See the full Q&A at

educational television. I saw lawyers at the center of these effor ts and it became clear that I needed to have a law degree to help PHOTO BY: KEN RICHARDSON

I S S U E 15


campus.lawdragon.com/2014/08/22/dean-limelighhar vard-law-mar tha-minow. L AW D R AG O N. C O M




500 Jamie Gorelick W ILME R H A L E ( W A SHIN G TON , D.C .) One of the best lawyers to know if you’re doing business with the government, the estimable Gorelick also chairs the firm’s innovative “strategic response group,” taking a holistic approach to clients’ most sensitive situations.

Ilene Knable Gotts

W A C H T E LL LIPTON ( N EW YORK) Gotts often provides the antitrust counsel on Wachtell’s biggest deals, such as Verizon Communications’ acquisition

of Vodafone’s stake in Verizon Wireless for $130B.

Stuart Grant G R A N T & E ISE N H OF E R (WILMIN G TON ) The irrepresible Grant - by any measure one of the nation’s top plaintiff securities lawyers - has scored billions in settlements for investors, including $139M from News Corp. in a derivative case arising from the phone-hacking scandal.

Nicholas Gravante B O IE S SC H ILLER ( N EW YORK) Increasingly recognized as one of the nation’s top litigators for his work in the dispute between the co-founders of AriZona Iced Tea and other high-profile cases, Gravante showed his tenacity and ingenuity by winning a 2nd Circuit appeal for a permanent national whose immigration status was threatened by an earlier guilty plea advised by his original defense counsel.

Sal Graziano B E R N STE IN LITOW IT Z ( N EW YORK) The lead on the $668M combined settlement with Merck and Schering-Plough over allegedly false statements about the Vytorin and Zetia drugs has been a powerful advocate for shareholder rights on his climb to elite status in the profession.

Karen Green W ILME R H A L E ( B OST O N ) The former Deputy U.S. Attorney for Massachusetts stands out in the Boston bar for her excellence in FCPA, False Claims Act and other white-collar defense work while also handling complex business litigation.

Mark Greene C R A VA T H ( N E W Y OR K) A master of billion-dollar deals, the head of Cravath’s international practice represented regular clients Unilever in the $2.15B sale of its Ragu and Bertolli sauces to Japan’s Mizkan Group and Mylan in its $5.3B inversion acquisition of Abbott Laboratories’ non-U.S. developed markets specialty and branded generics business.

Nicholas Groombridge P A UL WEIS S ( N EW YORK) He netted a massive $394M federal court verdict for regular client Edwards Lifesciences in a dispute with Medtronic over its CoreValve transcatheter heart valve.

Y. Shukie Grossman W E IL G OTS H AL ( N EW YORK) The co-head of Weil’s private funds group has established himself as one of the most highly touted among fund sponsors with clients like Goldman Sachs, Credit Suisse Asset Management, Brookfield Asset Management and Capital Z to name a sampling.



I S S U E 15





PIERRE GENTIN PIERRE GENTIN is the New York-based managing director and global head of litigation at Credit Suisse, where he is responsible for the worldwide management of the firm’s legal disputes, government and regulatory investigations, and employment matters. In 2013, he implemented a wholesale change in managing the bank’s U.S. litigation docket to maximize cost savings while maintaining quality. Gentin joined Credit Suisse in 1998 from the U.S. Department of Justice, where he ser ved as an assistant U.S. attorney for the Southern District of New York. LAWDRAGON: Can you talk about how your reassessment of Credit Suisse’s litigation spending came about? PIERRE GENTIN: Sure. On the one hand, for some years now, cost control and cost reduction in our firm has been a strategic priority. On the other hand, if you look at the litigation and regulator y enforcement activity facing our industr y in recent years, you see a meaningful increase worldwide and par ticularly in the United States. That activity without question was going to lead to a significant increase in litigation spend, so I saw a real problem developing. I felt that we had to come up with a more radical

certain cases or groups of cases and then to structure aggressive but workable arrangements accordingly. LD: Do you think that some in-house teams might be hampered in a similar approach if they don’t have enough depth or enough experience? PG: I don’t think you need a certain size of in-house team to undertake this exercise and to achieve strong results. I do think having experienced in-house counsel is important. You have to start with the threshold question: What is the role of the in-house lawyer? My position is that one important role we play is to evaluate and authorize risk. When it comes to managing cost, you need in-house counsel who have both the experience and the temperament where they’re prepared to view this entire process of managing litigation spend as another case they’re trying to win. The win is the reduction in spend without losing quality or taking on unacceptable risk. LD: Was it more complex than people might have thought in terms of what cases firms got - it wasn’t always “We’re giving all our employment stuff to this firm”? PG: Yes. It wasn’t a blunt instrument approach. For example, we had one situation where we had the same

approach to reduce our litigation spend without tak-

counsel handling some employment work as well as a

ing on unacceptable risk. The nature of the litigation

civil set of cases. In that instance, we had previously

and regulator y investigations we are facing is such

had good experiences with different lawyers at the

that we cannot be represented by counsel who are not

same firm so those different matters got folded into

top quality. That was the challenge – how to stop the

the same deal.

increase in spend, and even move it backwards while

LD: How have the results been?

maintaining quality.

PG: It’s been much more successful than we had antici-

LD: How did you get star ted with this process?

pated both in terms of the dynamic with the law firms

PG: We focused on the United States, which is where

and the savings we’ve achieved. What has happened is

the bulk of the spend is generated. We implemented

the law firms have had to go through the same process

a several step process; first we took a ver y detailed

of managing their resources tightly that we have had

look at the docket itself. We analyzed the docket as

to deal with internally for years. This is also a nuanced

a whole, we assessed groups of cases and we looked

process because you have to be flexible and you have

at individual cases. Then we thought about the future

to be open to the fact that things can happen that may

and tried to anticipate the spend based on trends we

require a discussion and may require an adjustment.

were seeing.

At the end of the day, I’m absolutely convinced that

Separately, we looked at law firms and we did a

with the right people on both sides, this is a win-win.

similar analysis of counsel as we had done with the

I know it’s a bit counterintuitive, the idea that you

docket: Which counsel that historically represented

can reduce your spend in the most active jurisdiction

us and which counsel out there in the market do we

in the current litigation environment. But I was very

think have the skill, the resources and the depth to

much of the view that it was achievable. At the very

handle with excellence many different kinds of cases,

least we had to tr y. It’s worked ver y well so far and

or groups of cases, in our U.S. docket. The third step

we just have to keep at it.

was to tailor and to match which specific lawyers

See the full Q&A at www.lawdragon.com/lawyer-lime-

and teams at which law firms could handle effectively



I S S U E 15






500 Benjamin Gruenstein C R A VA TH ( N EW YORK) This former federal prosecutor is the smart call for companies responding to Justice Department and SEC investigations related to the FCPA, trade sanctions, insider trading and fraud.

Daniel Grunfeld MO R G A N L E W IS ( LOS AN G ELES ) Highly regarded for his political and strategic savvy, Grunfeld won a $131.2M patent infringement case for the Alfred E. Mann Foundation; his passion for public interest work netted a $7.9M settlement with Los Angeles County for welfare recipients knocked off the rolls during the recession.

Nina Gussack P E P P E R H A MIL TON ( PH ILADELPH IA) A rainmaker extraordinaire and former firm chair, Gussack is the number one choice for pharmaceutical and medical device companies facing complex civil litigation over their products as well as criminal investigations.

Lisa Haile DLA ( SA N DIE G O) Haile’s Ph.D. in microbiology and immunology played a big role in her emergence as one of the top patent lawyers in the world, including her recent work on patentability of stem-cell technologies in Europe.

Richard Hall C R A VA T H ( N E W Y OR K) Cravath’s head of M&A for EMEA is regularly called upon by major companies such as Archer-Daniels-Midland, Banco Santander, Life Technologies, Royal Dutch Shell, Time Warner, Weyerhaeuser and many others for their most important transactions.

John Harkrider A X IN N ( N E W Y OR K) An absolute ace in antitrust cases, Harkrider was instrumental in convincing the FTC to close its investigation of Google, overseeing the patent-misuse claims.

Michael Harrell DE B E VOISE & P L IMPTON ( N EW YORK) For fund formation, Oaktree Capital, The Carlyle Group, J.F. Lehman and Providence Equity Partners all put their trust in Harrell, another standout in Debevoise’s stellar private funds group.

Kamala Harris C A LIF OR N IA A T T O R NEY G EN ERAL ( S AC RAMEN TO) With results to point to on a broad range of legal issues including the mortgage crisis, gang violence, human trafficking and consumer rights and privacy, Harris is poised for re-election in 2014.

William Hartnett C A H IL L G OR DON ( N EW YORK) A master at the financing side, firm chairman Hartnett was part of the team representing the financiers of Dell’s $25B going-private deal.

Michael Hausfeld H A USF E L D ( W A SH IN G TON , D.C .) The human rights and antitrust litigation legend has made history again, this time winning the case against the NCAA for allegedly violating antitrust law by preventing players from earning money for the use of their images and likenesses.



I S S U E 15


Beth Heifetz JO N E S DA Y ( W A SH IN G TON , D.C .) Heifetz is an accomplished appellate litigator who has also proven exceptional at practice-building as the hiring partner behind the firm’s successful recruitment of six U.S. Supreme Court clerks for the second year in a row.

Kris Heinzelman C R A VA TH ( N EW YORK) The chair of Cravath’s securities practice remains the top choice for investment banks, continuing to add to his extensive deal list representing underwriters in a range of public and private offerings of debt and securities.

Lucy Lee Helm

ST A R B UC K S ( SE ATTLE) A veteran of the coffee-maker’s acclaimed

legal department, Helm was the logical choice to take over as general counsel and, like her predecessor, brings a commitment to excellence, diversity and public service.

William Henderson IN DIA N A UN IV ERS ITY S C H OOL OF LAW - MAURER ( BLOOMIN G TON , I ND .) In a watershed era for law schools, Henderson is the leading thinker about

trends in the legal profession, legal education and the importance of practice skills for aspiring lawyers.

Edward Herlihy W A C H T E LL LIPTON ( N EW YORK) The firm’s co-chairman is simply the best for M&A deals among bank and financial institutions, such as his work for client Umpqua Holdings Corp. in its $2B purchase of Sterling Financial Corp.

Russ Herman H E R MA N H E R MA N ( N EW ORLEAN S ) Herman has won every type of accolade in his storied career guiding one of the nation’s most successful plaintiffs’ firms, with more than $35B recovered for clients.

Steve Herman H E R MA N H E R MA N ( N EW ORLEAN S ) Among the region’s top trial lawyers, Herman has led the fight for the victims of the BP oil spill with the characteristic passion and persuasion he has brought to his practice for two decades.

Jennifer Hobbs SIMP SON T H A CH ER ( N EW YORK) A national star in the financings of leveraged acquisitions, Hobbs has handled massive deals for Silver Lake Partners, Goldman Sachs, Kinder Morgan, Hellman & Friedman and many others.

Eric Holder U. S. DE P A R T ME N T O F J US TIC E ( WAS H IN G TON , D.C .) Holder’s legacy continues to take shape, winning epic settlement amounts from financial institutions, rethinking sentencing of low-level criminals, sternly enforcing voting rights and protecting immigrant children.

Gary Horlick G A R Y H OR LIC K ( W AS H IN G TON , D.C .) The trusted veteran remains at the top of the international trade practice with a busy slate of matters for clients across governments and industries.

I S S U E 15



Allison Schneirov SKADDEN (NEW YORK)

Susan Saltzstein SKADDEN (NEW YORK)


SUSAN SALTZSTEIN & ALLISON SCHNEIROV MAKING PARTNER WAS NOT A BIG FOCUS for either Susan Saltzstein or Allison Schneirov when they joined Skadden more than 20 years ago. As it turns out, they not only made par tner but rose to the top of their practices nationally, Schneirov as a transactional lawyer and Saltzstein as a litigator. The two lawyers were friendly during college at the University of Pennsylvania, though Saltzstein was a year ahead. “Allison may not remember that we were in the same history class, but I do,” Saltzstein says. “She stood out from our peers in that large class with her spot-on insights. She was impressive, even as a college student.” They went their separate ways during law school – NYU Law for Schneirov and Columbia Law for Saltzstein – but they were summer associates together at Skadden in 1990. Schneirov says that, of a summer class of 84 associates, 22 were women – and three of those 22 are par tners today. LAWDRAGON: Can you describe your paths to Skadden? ALLISON SCHNEIROV: My mother has always worked and both of my parents encouraged me and my two sisters to find a fulfilling career. My father has been a practicing lawyer in Philadelphia for over 56 years so I was exposed to the practice of law quite early on. Un-

a meal but a dialogue that spilled beyond our usual sloppy table-side manners, to politics, histor y, news, books and the latest legal developments. We debated around that kitchen table, we were counseled around that kitchen table and out of those simple meals in that small suburban town, I began to view myself as an advocate. In college and law school, I never once thought that achieving success as a lawyer was unattainable. A short stint as a legal assistant at Skadden confirmed my optimism. And as a young Skadden lawyer, I witnessed women achieving, meritocracy embraced, integrity cherished and clients valued. To this day, I appreciate the camaraderie among Skadden partners, their genius, creativity and client-minded values. I now see that my path towards law was anything but ordinary. LD: Can you offer any guidance to young lawyers that are interested in becoming a partner at a large law firm? AS: That is a really tough question because I didn’t come to Skadden with the aim of becoming a partner. I came to Skadden with the intent of staying for two years, getting some great training and moving back to Philadelphia. As you can see, I ended up staying much longer. My advice is to not think about becoming a par tner when you begin your career. Focus on learn-

like the specialized transactional nature of the practice

ing as much as you can and having pride in your work.

of big firm lawyers today, my father has always been

Although some deals will undoubtedly have difficult

a true generalist, counseling his clients on all of their

moments, take the time to get to know everyone on the

legal issues, whether buying or selling businesses for

deal and try not to burn bridges no matter how heated

them, doing their personal real estate transactions or

the negotiation. One of my best clients today is some-

even their estate work. He is the consummate “trusted

one I met when I was an associate and he was across

adviser” to his clients on all matters, a goal I have al-

the table from me, so you never know who may end up

ways tried to achieve with my clients as well. I thought

being a great client. Perhaps most importantly, young

of going into finance after I graduated from college

lawyers should try to find people who care about them

but ultimately decided to go straight to law school. I

to help with their professional development, whether

had the privilege of working at Skadden as a summer

that is becoming a partner at a large law firm or not.

legal assistant while I was still in college during the

SS: New lawyers are often eager for insights on how

summers of 1986 and 1987. It was an incredible time

to become a partner — they want to know the trick.

to be at Skadden as this was during the height of M&A

There’s not one linear, exclusive path to partnership and

activity in the ‘80s. After that experience, I knew that

that was not my focus when I joined Skadden. I would

if I went to law school I would want to start my career

advise new lawyers to appreciate the value of practical

at a big firm like Skadden.

advice and search for creative ways to solve problems.

SUSAN SALTZSTEIN: I used to think that my path to-

New lawyers ought to think about how to contribute to

wards a career in law was rather ordinar y. I grew up

strategy; anticipate clients’ and colleagues’ needs; ap-

during the ‘70s and ‘80s, the daughter of a corporate

proach a problem from a new perspective; take pride in

labor lawyer and a working mother, both of whom pos-

their work; always act ethically; turn a phrase in a way

sessed (and still do, thankfully) no small amount of

that it has not been turned before; anticipate questions;

good judgment. My brother and I were required to join

find meaning in a document that’s been read before; offer

my parents at the dinner table, which meant not just

their help when no one has asked; prepare, prepare, pre-


I S S U E 15








CONTINUED... pare; review and edit (and edit again); and exude enough

law school. I was inspired by the heroes of history, who

confidence to concede a mistake and then help to fix it.

used the simple power of words to change their times.

LD: Would you give advice specific to women lawyers?

For me, litigation was my calling. But when I graduated

AS: My advice for young women is the same as for young

from Penn in 1987, Ronald Reagan was in his last year

men — find a practice area that you really enjoy, work

as president; Wall Street was booming, and almost

really hard to become an exper t and find people who

ever yone that I knew from Penn had made a beeline

will help you develop both professionally and personally.

straight to business school or an investment bank. My

Make yourself indispensable. Don’t look for problems,

friends who enrolled in law school were focused mainly

look for solutions and have a positive attitude. Find

on corporate law. At that time, the idea of pursuing

a sense of purpose that motivates you because only

law school to become, of all things, a litigator seemed

you can define what it means to be successful in your

a bit out of vogue. Even though I received a job offer

career. Most of all, tr y to have fun. The best part of

from a top investment bank, my gut told me to stick

working in a big law firm like Skadden is that you are

with the law school plan. Once I made that decision, my

surrounded by an incredibly motivated, talented and

career path was chosen. Ultimately, I decided to pursue

interesting group of people who are all working closely

litigation because I thought that my skills and inter-

together to get the best results for their clients. That

ests suited a litigator’s skills: writing, oral advocacy,

is a tremendously energizing environment in which to

formulating strategy, problem-solving and counseling.

work, so enjoy it while you are there.

LD: What’s been your most rewarding deal or case?

SS: My advice for women is the same as for men and

AS: I have been incredibly fortunate to work with so many

falls in line with advice I would give to any new lawyer.

terrific clients over the years on so many interesting

In addition to embracing a client ser vice perspective,

deals that it would be really hard to choose the most

young lawyers should watch, listen and learn. Skadden’s

rewarding. One deal that has always stood out for me

culture promotes the exchange of ideas. Wisdom is

as particularly fun was representing the government of

passed from one partner to another routinely. Throughout

Trinidad and Tobago in the partial privatization of BWIA

my career, I have been the beneficiary of the guidance

International Airways to private investors. We never

of more senior lawyers who took an active interest in

knew what to expect as each day brought a new chal-

my career, who provided me with oppor tunities and of-

lenge, including approval of the deal by the Parliament

fered me their friendship. I am not a believer in forced

of Trinidad and Tobago. At the time, the BWIA transac-

mentorship; those lasting relationships are best formed

tion represented the most significant employee stock

organically. Engage yourself in firm life, make new

ownership plan in the histor y of the Caribbean. That

friends, and remember that cases are never won alone.

deal had it all, including an extremely exotic location

LD: What led you to choose the practice areas you’re in?

in which to spend all of my time in a conference room!

AS: I have always enjoyed the excitement and chal-

SS: When we represented the underwriters in the World-

lenges of M&A. Ever y deal is like a giant puzzle and

Com bondholder litigation, that was my most rewarding

solving those puzzles is always fun (well, almost always

case. When we helped to defend Sumner Redstone’s

fun). Each deal has its own unique set of legal issues

Viacom against Edgar Bronfman’s Universal in a Dela-

and complexities and, of course, its own unique cast

ware trial, that was my most rewarding case. When

of characters. M&A involves a lot of negotiating with

we represented Anadarko against securities claims

different personalities, a skill I seem to hone ever y

relating to the Deepwater Horizon oil spill, that was

day with my kids! The M&A lawyer is often called the

my most rewarding case. When we represented Ann

“quarterback” of the deal team which means I get to

Taylor in a securities litigation that set the standard

work with a ver y big and broad team of my colleagues

for pleading fraud in the Second Circuit, that was my

— finance, tax, employee benefits, antitrust, litigation

most rewarding case. When we successfully defended

and IP just to name a few — where each member is

a bank against foreign exchange claims, that was my

critical to getting the deal done. Add to the mix that

most rewarding case. When we devised a successful

most of my deals have an international component and

legal strategy to defend UniCredit against billions of

that makes my practice that much more interesting.

dollars in Madoff-related claims, that was my most

SS: I decided to become a litigator even before I entered

rewarding case. The list goes on and on.



I S S U E 15


Geoffrey Howard B IN G H A M ( S AN FRAN C IS C O) Not surprisingly, Oracle and many other companies with complex IP litigation needs – across a wide range of industries – have kept Howard busy since he netted Oracle’s $1.3B verdict against SAP AG.

John Hueston IR E LL & MA N E L LA ( LOS AN G ELES ) The tough-as-nails former federal prosecutor who led the Enron prosecutions, Hueston scored a major victory as litigation trustee for Tronox Trust by winning a fraudulent-transfer case against Anadarko Petroleum and Kerr McGee Corp. worth billions.

Hamish Hume B OIE S SC H IL LE R ( WAS H IN G TON , D.C .) Whether on the defense or plaintiff side, this standout on Boies Schiller’s unrivaled roster of trial lawyers specializes in the highest of high-stakes cases – often with billions on the line, including for client Barclays Capital.

Annette Hurst O R R IC K ( SA N F RAN C IS C O) The talented Hurst had a banner year as one of the attorneys behind the Kirtsaeng v. Wiley & Sons victory at the U.S. Supreme Court for firm client Supap Kirtsaeng, with a 6-3 ruling that the first-sale doctrine under U.S. copyright law applies to foreign works.

James Hurst W IN STON & STR A WN ( C H IC AG O) The firm’s amazing litigation chair can do it all, from complex patent cases to ERISA class actions; antitrust disputes and lengthy trials to Supreme Court arguments.

Sherrilyn Ifill T H E N A A C P LE G A L DEFEN S E AN D EDUC ATION AL FUN D ( N EW YORK) Ifill’s tireless tenure atop the LDF as president and director-counsel proves how vital the group’s efforts remain across many facets of American life, not least of all the voting rights of many citizens now under a new era of attack.

Stephen Immelt H OG A N LOVE LLS ( WAS H IN G TON , D.C .) The partners of the 2,500-plus-lawyer firm have put their faith in Immelt, who became CEO after a successful stint as co-head of the firm’s litigation and arbitration practice.

William Isaacson B O IE S SC H ILLER ( WAS H IN G TON , D.C .) Securing a $162M verdict against a Chinese company for vitamin C price-fixing is another big notch in the belt for Isaacson, who is also leading a pro bono class action against the Washington, D.C. property-tax lien laws that can lead to foreclosures regardless of the amount owed by residents.

Valerie Ford Jacob

F R IE D F RAN K ( N EW YORK) Jacob rounded off her 11-year

tenure as chair or co-chair of Fried Frank with the firm enjoying record profits and will continue to exhibit her leadership and practice talents as head of the global capital markets groups.

I S S U E 15






years, from 2009 to 2014, and the deputy leader for the prior five years was also good preparation. I was in

takes over the top spot at the firm on Oct. 1 perhaps in

charge of the firm’s largest practice group by virtually

par t because she’s done ever ything else there so well

every measure. During my tenure, we expanded signifi-

already. Jami Wintz McKeon, Villanova Law ’81, rose

cantly, including internationally, and took our practice

to prominence as a premier litigator and ultimately

to an even higher level. I had the chance to work with

took leadership of the sprawling global firm’s litiga-

a team of outstanding leaders in our practice group

tion practice group; but along the way she’s played an

and to work closely with our Chair and other practice

integral role in recruitment, compensation and business

group leaders, which deepened my knowledge of the

policy determinations, grounding her in ever y aspect

firm and our clients even further.

of law firm management.

LD: The law, in general, is a far more diverse profession

She joins a select group of women who have reached

than when you started out. As chair of Morgan Lewis,

the pinnacle of BigLaw. How did she do it? “A good marriage is nice; great child care is indispensable,” she was quoted as saying in a Philadelphia Inquirer feature in June. That wasn’t all, of course; requisite for her climb were intellectual firepower, drive and a passion for the work. But there is also a down-to-earth authenticity that comes through about McKeon, along with the sense of humor and confidence. LAWDRAGON: At what point in your career did this job become perhaps something you wanted? JAMI WINTZ MCKEON: I never set out to be chair of the firm, but I had oppor tunities early on in my career to play a variety of roles at Morgan Lewis and in the

what can you tell us about how the firm promotes diversity and how will it do so in the future? JM: Diversity and inclusion are core values of our firm and are par t of our strategic plan. We incorporate diversity and inclusion into every aspect so that they are woven into the fabric of the firm (recruiting, professional development, business development, etc.). In order to ensure that partners make diversity a priority, the firm measures partners on their individual commitment to enhancing diversity in their practice groups and across the firm as part of our partner review process. We have a diversity committee that was started more

legal community, and I found each to be rewarding on

than 10 years ago; as chair, I sit on that committee

a personal level. As an associate and young partner, I

along with many senior partners in the firm. We have

was involved with our recruiting and promotion commit-

a full-time director of diversity, who repor ts directly

tees and in the administration of our practice group, and

to me. We also partner with many clients on projects

those experiences greatly enriched my career at the firm.

in an effort to increase and enhance diversity in the

My time in San Francisco and leading the firmwide

legal profession.

Litigation practice were both good experiences that

We believe that our firm will continue to be most

helped prepare me for the challenges that I face as

successful if we attract and retain the most talented

chair, as did my several terms on the firm’s advisory

people and permit them to work in an environment that

board and compensation committee. I moved to San

is motivating and suppor tive. We have a welcoming

Francisco in 2004 to lead the firm’s integration and

and inclusive environment, where anyone with talent,

expansion effor ts on the West Coast. It was a real

energy, and desire can succeed – a true meritocracy.

risk because we were bringing in a ver y large group

We believe we can get the best and most creative solu-

of lawyers, and we knew that acclimating them to a

tions for our clients when we have diverse teams made

new firm would not be easy. In addition, I had great

up of people with different and var ying backgrounds

relationships with clients, par tners, and other lawyers

and experiences. LD: Do you have any particularly memorable professors

on the East Coast and few on the West. And, on a personal level, our two youngest children

or courses from Penn State or Villanova Law?

were in grade school, our two older children were in

JM: I loved Russian literature and political courses in

college on the East Coast, and all of our family lived on

college. In law school, I greatly admired the late Profes-

the East Coast. I looked at it as an exciting opportunity,

sor Mary Joe Frug. She was a progressive, provocative,

and, with the support of a lot of others at the firm, the

and intellectually engaging woman.

expansion efforts were hugely successful.

See the full Q&A at www.lawdragon.com/lawyer-lime-

Being the firmwide litigation practice leader for five PHOTO BY: ANDREW KAHL

I S S U E 15


lights/jami-wintz-mckeon. L AW D R AG O N. C O M




500 Jameel Jaffer A C LU ( N E W Y OR K) Jaffer has drawn wide acclaim as deputy legal director and head of the ACLU’s Center for Democracy, playing a key role in litigation involving Guantanamo and the NSA, among other issues.

Jesse Jenner R OP E S & G R A Y ( N E W YORK) Always on the short list for high-tech IP disputes, Jenner successfully defended EMC Corp. against patent claims brought by Compress Technology Solutions.

Kimberly Leach Johnson

QUARLES & BRADY ( N APLES , FLA.) Johnson boasts a

prominent estates practice while also serving as chair of the firm, the first woman to do so in the firm’s 120-plus-year history.

Rhon Jones B E A SL E Y A LLE N ( MO N TG OMERY, ALA.) Jones excels in plaintiff-side environmental work, with billions of dollars in recovered damages to his name and recent work for victims, including the state of Alabama, in the BP oil spill.

Tyree Jones R E E D SMITH ( W A SH IN G T ON , D.C .) Jones has excelled for clients in the financial services arena in major cases involving consumer and employee claims while also leading the firm’s diversity initiative.

Nora Jordan DA VIS P OLK ( N E W Y ORK) Jordan serves as head of the firm’s acclaimed investment management team, advising a wide range of clients on mutual funds, private equity funds, hedge funds and closed-end funds.

Elena Kagan U. S. SUP R E ME C O UR T ( WAS H IN G TON , D.C .) This is true: Harvard Law School’s first female dean now shoots deer with Justice Antonin Scalia. Also, she brings a law professor’s touch to SCOTUS’ jurisprudence on aiding and abetting, stand-in gun buyers, aged-out immigrant children and bank fraud.

Roberta Kaplan P A UL W E ISS ( N E W YORK) Kaplan made headlines not only for her landmark civil rights victory in the Supreme Court, defeating the Defense of Marriage Act in Windsor, but also for her successful representation of Airbnb in quashing a subpoena from the New York Attorney General seeking large amounts of its customer data.

David Kappos C R A VA TH ( N E W Y O R K ) The former director of the U.S. Patent and Trademark Office became a huge asset for Cravath in 2013, handling the wideranging intellectual property needs of the firm’s unbeatable roster of corporate and litigation clients.

Brad Karp

P A UL W E ISS ( N E W Y O R K ) The firm’s dazzling chairman maintains a full liti-

gation docket, representing most of Wall Street in their most threatening matters and earning praise for negotiating the NFL’s $765M-plus concussion settlement with retired players.



I S S U E 15





MARVIN PUTNAM WHO WAS RESPONSIBLE FOR MICHAEL Jackson’s death? Not concer t promoter Anschutz Enter tainment Group – but Mar vin Putnam spent a good por tion of 2013 proving that to a jur y in Los Angeles, defending the company in a multibillion-dollar case that was among the most storied of the year. Though the six-month Jackson trial may be forever considered Putnam’s most famous, the O’Melveny & Myers partner and Georgetown Law Center graduate has represented a veritable Who’s Who and What’s What of Hollywood and worldwide media over the past 20 years, from J.K. Rowling and Clive Cussler to Disney and HBO. LAWDRAGON: Does anything stand out from the Jackson case as a turning point in that case? What do you think swayed the jur y, in the end? MARVIN PUTNAM: It was a long trial, but at this point I have had several long trials, and therefore know how to pace it - both for the jury and my team. It’s an endurance test, but one I’ve done before. In this case, a lot of the focus and sympathy rested with Jackson family matriarch Katherine Jackson, so I think her testimony - and how we handled it - was key to our victory. For decades, she had por trayed herself - and her family - as being

a good trial attorney plays the role of trial attorney, crisis management director and corporate relations consultant. He or she has to do so. It makes it all the more exciting, and terrifying, and ultimately fulfilling. LD: Generally speaking, when do you advise settling out of court and under what circumstances? Do clients always take your advice? MP: I am hired as a trial attorney, not as a settlement attorney. There are attorneys who tr y matters, and others who settle them. I am known as someone who tries them, and clients therefore come to me when they believe a matter is going to be tried, or must be tried. If a client wants to settle a matter, then there is no reason to hire me. There are lots of folks who can do that, and some who are really good at it. All of that said, I have definitely settled matters before - and done so when I think it really is in the client’s best interest to do so. That goes back to the three-dimensional chess element that we were talking about. LD: As a young attorney, what trial lawyers did you look up to and learn from, and why? MP: Well, I looked up to the ones I worked for and with, such as Floyd Abrams, the Honorable Roger B.

blind and unaware of Michael Jackson’s many demons.

Andewelt, Paul Butler and Secretary of State Cy Vance,

We showed that this was not only untrue, but that she

as well as a couple others like the great First Amend-

played a central role in keeping those demons - Michael

ment litigator Susan Buckley and trial virtuoso David

Jackson’s addictions - out of the public eye. The stark

Boies. With Floyd Abrams, it was his great ability to

contrast between her well-crafted public persona and

take intellectually complex matters and simplify them

her actual person played out on the stand, and marked

to their most compelling and understandable, and with

a real turning point in the trial.

Susan Buckley it was her killer combination of unparal-

In the end, however, I think the jur y was swayed by

leled competitiveness - she simply would not lose - and

our ongoing emphasis on personal responsibility and the

absolute command of strategy. To learn at their feet

fact that Michael Jackson - and Michael Jackson alone - was to blame for his very bad choices. He was a grown

was the greatest fun and honor I will ever know as an attorney.

man, and despite the Jackson attorneys’ attempts to

With Judge Andewelt, it was his great love of law-

make it otherwise, the jur y in the end understood this.

yering. He loved the job, and his enthusiasm and good

LD: Obviously, the verdict is the most important thing.

humor were contagious. With Paul Butler, it was the fact

But to what extent do you feel it’s impor tant to win

that no amount of brainpower can make up for a lack

such a case in the cour t of public opinion?

of hardwork and grit. He liked to say, “He who works

MP: I think it is ver y impor tant. We no longer live

hardest, wins.” And he was right. Cy Vance taught me

in a world where what happens in the cour troom is

the importance of integrity, particularly in a lawyer. Your

the sole consideration. In this day and age, these

word must mean something. And David Boies taught me

big public trials play out on a number of stages and

how to take a deposition, and that a great generalist

platforms, and the courtroom is only one of them. As a

as a trial lawyer will almost always beat the narrow

result, I often think of a big litigation today as a three-

specialist because it is just a totally different way of

dimension chess game. To be a good and effective trial

approaching a case, from beginning to end.

attorney, you had better be playing on all three levels.

See the full Q&A at www.lawdragon.com/lawyer-lime-

A well-handled litigation never loses sight of this, and



I S S U E 15






500 David Karp W A C H TE L L LIP T O N ( N E W YORK) Karp added another string of multibilliondollar deals to his immense track record, including client BMC Software’s move to go private with a $6.2B buyout by Bain Capital, Golden Gate Capital, GIC Special Investments and Insight Venture Partners.

Jay Kasner SKA DDE N ( N E W Y O R K ) One of the nation’s top securities litigators, Kasner has played a starring role in credit crisis-related litigation for the likes of Deloitte & Touche, Bank of America/Merrill Lynch, UBS, Deutsche Bank AG and RBS, while managing an equally full roster of non-financial institution clients, such as News Corp., BlackBerry, Autoliv and Travelzoo, in shareholder litigation.

Marc Kasowitz K A SOW IT Z B E N SON ( N EW YORK) On the list of litigators companies would surely prefer not to face, Kasowitz successfully defended MBIA’s restructuring against a challenge by Bank of America, which led to a settlement including $1.7B in cash for MBIA as well as a $500M line of credit.

Neal Katyal H OG A N LOVE LLS ( W A SH IN G TON , D.C .) He won a unanimous Supreme Court decision for client US Airways’ right to full reimbursement of its ERISA plan and looks to be – as always – among the busiest high-court advocates for the upcoming term.

David Katz W A C H T E LL LIP T O N ( N E W Y ORK) The preeminent dealmaker among preeminent dealmakers, Katz represented Consol Energy in its $3.5B deal to sell its five coal mines in West Virginia to Murray Energy.

Debra Katz KA T Z MA R SH A L L ( W A SH IN G TON , D.C .) Katz co-founded and leads one of the best civil rights and whistleblower practices in the nation and can litigate any tough case involving discrimination, termination, harassment and fraud across industries and governments.

Christopher “Kit” Kaufman


major M&A force represented Avago Technologies in the $6.6B deal to acquire LSI Corp.

Kenzo Kawanabe DA VIS G R A H A M ( DEN V ER) One of the region’s top commercial litigators, Kawanabe also earned praise in the public education sphere by representing Colorado school districts in a successful challenge to the state’s funding scheme.

Skip Keesal KE E SA L Y OUN G ( LON G B E AC H , C ALIF.) A veteran of 250 trials, ADR proceedings and regulatory cases with dozens of awards and distinctions under his belt, Keesal is grace personified as a go-to lawyer for companies and individuals.



I S S U E 15






that suppor t women as they develop strategies for balancing the requirements of our demanding profes-

Perkins Coie’s 13-member Executive Committee in

sion with the responsibilities of family can make the

2008, Laura Neebling had a busy practice representing

difference between whether someone stays or goes.

Fortune 500 companies such as Boeing, Intel and UPS

Finally, support through times of transition is also very

in some of their most complex redevelopment projects

important. We are currently taking a fresh look at our

in the city of Seattle and the states of Washington and

maternity and parental leave policy, for example, with

Oregon. These days, however, the University of Chicago

a focus on adding steps to better support new parents

Law School graduate has scaled down her practice to

as they transition back to work following leave.

focus on her work as the management executive of the

We provide alternative career paths at our firm, but

950-lawyer firm. “With the exception of occasional work

most of our women continue to tell us that they are

I do for two or three long-term clients, my leadership

interested in eventually being promoted to par tner.

role is full time,” Neebling said.

The ability to develop and expand business is a key

Her primar y objective is to ensure the firm retains

distinguishing characteristic of par tnership. Training

its reputation as one of the best law firms to work for,

programs and business development coaching can help

especially for women. The firm, which has 19 offices,

to better position women to be promoted and enhance

has been honored by Working Mother and Flex Time Lawyers as one of the “Best Law Firms for Women” since 2008 and has made For tune Magazine’s “100 Best Companies to Work For” for 12 consecutive years since 2003. LAWDRAGON: There are definitely more women leaders at law firms these days than at any point in time, but there’s still a perception that there are not enough. What are your views in terms of how law firms can

the business development skills they will need to be successful during the challenging early years of partnership and beyond. With respect to how firms can encourage women to engage in management, the two basic strategies are creating a talent pipeline and placing more women in available leadership roles. At our firm we focus on the pipeline through leadership training programs and

retain women and help them engage in management?

strategic assignment of key committee positions. We

LAURA NEEBLING: This is a broad question and touches

also consider gender and other aspects of diversity

on multiple challenges – retention of women, advance-

when we fill open leadership positions.

ment of women to par tnership, and including more

LD: How about your thoughts on how women could be

women in firm management – that are related but dif-

doing better in terms of advancing their legal careers?

ferent. Tough to tackle in a few sentences, but I’ll pro-

LN: First and foremost, focus on doing excellent legal

vide some general thoughts that I hope are responsive.

work. Secondarily, figure out a way to develop business

On the retention issue – and this is nothing new – it is

that is comfortable for you and fits your interests. And

hard to overstate the value of mentoring relationships.

don’t forget that your legal career will last a long time.

For more junior women lawyers, and sometimes even for

It will have many chapters, many ups and downs. Some

women partners, a suppor tive and trusted mentor can

years leaning out will make a lot more sense than lean-

greatly influence how well we are able to weather the

ing in, and that’s ok.

inevitable challenges and hard times. Firm-sponsored

LD: In terms of career path, what led you to a real

mentoring programs can make a positive difference,

estate and land use practice?

although the most effective mentoring relationships

LN: My first job after graduate school was with a large

are so often the old-fashioned kind – relationships that

architecture firm in Chicago. While working there, I

take root when junior lawyers proactively seek out and

became interested in urban planning and land use. I

cultivate mentors, and when more senior lawyers take

went to law school intending to become a land use

the time to thoughtfully super vise, provide regular

lawyer. For tunately, Perkins Coie had openings in

feedback to, and otherwise oversee the progress of

the Real Estate and Land Use practice group when

junior lawyers. With respect to retention, it is also hard

I star ted, and that practice area ended up being a

to overstate the value of flexibility – especially when

good fit for me.

expressed in terms of flexible work arrangements like

Browse the Lawyer Limelight series online at www.

par t-time, flex-time and telecommuting. Firm policies



I S S U E 15






500 Latonia Keith MC DE R MO T T ( C H IC A G O) Keith is a powerful public interest force as pro bono counsel at her firm, which received a Beacon of Justice Award in 2013, and around the nation as president of the board of the influential Association of Pro Bono Counsel.

John Keker KE K E R & VA N N E ST ( SA N FRAN C IS C O) Keker is defending Standard & Poor’s against the U.S. government’s $5B suit over fraud claims and defended cyclist Lance Armstrong in the high-profile federal probe that resulted in no charges.

Jennifer Keller KE L LE R R A C K A UC KAS ( IRV IN E, C ALIF.) Keller has won hundreds of millions of dollars for plaintiffs over the years while also excelling on the defense side, for example by defeating charges against a Saudi princess accused of human trafficking.

Michael Kelly W A L KUP ME LODIA ( SA N FRAN C IS C O) Kelly has netted more than 175 verdicts, judgments and settlements north of $1M for injured plaintiffs, which includes his 2013 verdict for $8.3M in the first trial to take place over the DePuy hip replacement.

Stasia Kelly DLA ( W A SH IN G T O N , D. C . ) With 15 years under her belt as a general counsel for four different public companies, Kelly now chairs DLA’s esteemed governance practice while also co-running the megafirm’s U.S. operations.

Erika Kelton P H IL LIP S & C O H E N ( W AS H IN G TON , D.C .) One of the nation’s top litigators for qui tam cases played a lead role in claims against GlaxoSmithKline that resulted in a $3B settlement with the federal government.

Anthony Kennedy U. S. SUP R E ME C OURT ( WAS H IN G TON , D.C .) The legal world’s ultimate closer, he is on the prevailing side of each and every 5-4 case, including last term’s Town of Greece, allowing government bodies to open their sessions with sectarian prayer.

Thomas Kennedy

SK A DDE N ( N E W YORK) Savvy dealmaker Kennedy has led a

number of transformative deals within the telecommunications, media and technology sectors, including Sprint Nextel Corp.’s $21.6 billion merger with SoftBank, the largestever overseas acquisition by a Japanese company.

Jeffrey Kessler W IN ST O N & ST R A W N ( N EW YORK) Look out, NCAA: One of the nation’s very best sports litigators filed an antitrust case against the association on behalf of a group of college athletes who contend their compensation is unlawfully capped at their scholarship levels.



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JONATHAN LOWY THERE ARE A SIGNIFICANT NUMBER of people in the United States who would say that what Jon Lowy does for a living is downright un-American. But the lines have been long drawn in the war on guns and Lowy, Director of the Legal Action Project at the Brady Center in Washington, D.C., has spent much of his legal career on the front lines and as a master strategist in the battle to hold politicians, gun manufacturers, sellers and owners accountable for gun safety and, when appropriate, the deaths and maimings caused by firearms. LAWDRAGON: You’ve been with the Brady Center for 17 years. Could you trace for us how you came to be there? JONATHAN LOWY: I entered law school wanting to be like my father, a trial lawyer who fought for the little guy. I had unspecific public interest goals, but fighting for Native American rights or victims of corporate misconduct generally seemed more likely than focusing on gun violence prevention. After litigating in firms for six years, and on my own for three, a position opened up at Brady, trying cutting edge tort cases against the corporate gun lobby. At my interview, [then-Brady Legal Director] Denny Henigan said to me, “The NRA is the greatest threat to public safety in America today.” Jury trials and appellate arguments against what Jim Brady

alliance) recharge their batteries by litigating these impactful, life-saving cases. Our work is an antidote to lawyer burnout. LD: Do you ever feel like you’re really winning, in the long run, or is it more about holding the line? JL: First, we are winning. We’re creating precedent in courts across the country that puts a price on gun industry conduct that contributes to gun violence, and we’re forcing gun companies to take responsible actions to stop supplying the criminal gun market. We’ve helped defeat hundreds of attacks on common sense gun laws; we’re creating a body of Second Amendment law that recognizes that we do not have to live in a guns-everywhere world. Our work saves lives. Second, almost all Americans – including gun owners and NRA members – agree that we need common sense laws and business practices to keep guns out of the wrong hands; it’s just that the small dissenting minority is vociferous, and supported by a billion-dollar industry desperate to hang on to profits. I would welcome gun owners onto my juries; they understand better than anyone that gun dealers shouldn’t be selling guns to straw purchasers or traffickers, and that the bad apples in the business spoil the bunch.

called “the evil empire” was an irresistible combination.

LD: What are your frustrations working on this issue?

LD: Given all the gun violence, how do you choose

JL: It’s not that the gun lobby outspends us by millions,

the civil actions you take against gun manufacturers?

which is true, but we can outmaneuver and outsmart

JL: We tr y to create the most positive impact we can,

them. And while it is infuriating that Congress ignores

to save the most lives. In selecting cases we balance

the will of 90% of Americans for common sense gun

the potential for changing the law, educating the public,

laws, I refuse to believe that America will remain the

sending a message to irresponsible gun companies that

only industrialized countr y that tolerates the daily

they must put people above profits. We like to represent

slaughter of its children and adults. Americans know

law enforcement, who understand better than anyone

that our people aren’t more violent, crazy or criminal

the dangers of gun violence and are too often killed

than the rest of the world; it’s just that our gun policy

tr ying to protect the rest of us. But I think of all the

is insane. Change will come.

gun violence victims we represent as true American

The major frustration is when we beat the gun lobby,

heroes. I tell my clients, “Every decade there are more

they get Congress and state legislatures to change

than a million victims of gun violence in America, but

the law to block us. They rewrite tort laws, freedom of

only a few take on the gun industr y in cour t.” Ever y

information law, even rules of evidence to give scoff-

case we bring is representative of thousands that

law gun companies special advantages in court that

never get to cour t.

no other litigants gets – certainly not mothers whose

LD: Is burnout an issue with this type of work?

children have been killed because of those companies’

JL: I think the opposite is true. My clients are a constant

negligence. It’s like playing football against a perpetual

inspiration – people whose children, spouses, brothers

loser who constantly moves the goalposts and changes

and sisters have been senselessly killed, yet they chan-

the rules. But still, we’ve never been more active or

nel their grief to spare others what they have suffered.

more successful. It just takes longer.

I find that corporate lawyers who partner with me and

Browse the Lawyer Limelight series online at www.

my team (through our Lawyers for a Safer America



I S S U E 15






500 Kenton King SK A DDE N ( P A LO A L TO) Head of Skadden’s Palo Alto office, King has handled scores of deals for a diverse group of clients including Nokia Corp. in its €5.44 billion sale of assets and licensing of patents to Microsoft, Steinway Musical Instruments in its sale to an affiliate of Kohlberg & Company, and Sumitomo Mitsui Corp.’s in its $1.1B acquisition of Flagship Rail Services.

Adam Klein OUTTE N & G OLDE N ( N E W YORK) Among the very best on the plaintiffs’ side when it comes to using class-action litigation to change workplace policies for the better, Klein has shown no fear in taking on the world’s largest financial institutions.

Gayle Klein MC KOOL SMIT H ( N E W Y ORK) One of the anchors of McKool’s New York office, Klein is a standout at defending class actions and suing financial institutions as a co-leader of the firm’s mortgage-backed securities team.

Jeffrey Klein W E IL G OTSH A L ( N E W Y ORK) The chair of Weil’s labor and employment practice is tops on the employer side for all types of disputes and complex legal issues, bringing a mix of assuredness and litigation savvy that helps in-house counsel sleep at night.

Thomas Kline KLIN E & SP E C TE R ( P HILADELPH IA) The unstoppable Kline won a $43M verdict for a child born with cerebral palsy after a premature delivery at a Philadelphia hospital, among the largest medical malpractice verdicts in the state’s history.

Lou Kling SK A DDE N ( N E W Y O R K ) Large corporations across a multitude of industries, including pharmaceuticals and media and entertainment, turn to Kling for his dealmaking prowess. Recent work includes multiple multibillion-dollar deals for DuPont, Express Scripts and News Corp.

Ethan Klingsberg

C LE A R Y G OTTLIEB ( N EW YORK) Google called on Klingsberg to

handle its $1.1B acquisition of Waze, an Israeli provider of traffic map software.

Edwin Kneedler U. S. DE P A R T ME N T OF J US TIC E ( WAS H IN G TON , D.C .) Deputy Solicitor General Edwin Kneedler - inspired as a VISTA volunteer observing lawyers protecting the rights of migrant workers - has amassed 125 SCOTUS arguments and an overwhelming legacy of dedication to thoughtful jurisprudence.

Jeffrey Knowles VE N A B LE ( W A SH IN G TON , D.C .) The leader of Venable’s advertising, marketing and new media practice has long since been one of the most respected advertising lawyers in the U.S. and in 2013 earned the Electronic Retailing Association’s Lifetime Achievement Award.



I S S U E 15


Kim Koopersmith A K IN G UM P ( N EW YORK) Koopersmith has deservedly earned national attention for her stewardship of Akin Gump and innovative strategies to promote women and minorities in the profession.

Meyer Koplow W A C H TE L L LIP T O N ( N EW YORK) A leader of unparalleled distinction in the area of massive settlements, Koplow played a big role in the historic $25B deal between banks and state and federal governments for mortgage and foreclosure abuses and has since helped client Bank of America fend off the New York Attorney General over alleged violations of the pact.

Alan Kornberg P A UL W E ISS ( NEW YORK) Lenders, debtholders and companies like Quiznos and Houghton Mifflin Harcourt all turn to the highly regarded Paul Weiss practice chair for bankruptcy and reorganization savvy.

Linda Kornfeld K A SOW IT Z B E N S ON ( LOS AN G ELES ) Kasowitz Benson scored big in 2013 when it acquired Kornfeld, now the firm’s Los Angeles office head, who brings deep experience in litigating the highest of high-stakes insurance coverage disputes for a Who’s Who of clients.

Andrea Kramer MC DE R MOTT ( C H IC AG O) Kramer is one of the unquestioned leaders of her practice as an expert on tax, compliance and regulatory matters and head of McDermott’s financial products, trading and derivatives group.

Rachel Krevans MOR R ISO N & FOERS TER ( S AN FRAN C IS C O ) The chair of Morrison & Foerster’s busy intellectual property group won a huge victory for Apple with an International Trade Commission ruling that some Samsung devices infringe Apple patents.

Walter Lack

E N G STR OM LIP SC O M B ( LOS AN G ELES ) The legendary Lack continues to

guide one of the nation’s best plaintiff-side litigation practices, with an incredible track record of verdicts and settlements in every area ranging from aviation crashes to environmental contamination.

William Lafferty MOR R IS N IC HOLS ( WILMIN G TON ) Berkshire Hathaway, Google, Facebook, eBay, GlaxoSmithKline and Netflix constitute just a small sampling of companies that have turned to Lafferty for their litigation needs in Delaware.

Jeffrey Lamken MOLOLA MK E N ( WAS H IN G TON , D.C .) The onetime clerk to Justice Sandra Day O’Connor can argue or brief almost any case before the Supreme Court, with experience in intellectual property disputes, criminal cases, civil rights, telecommunications law, and more.

I S S U E 15





GERALD SILK AS THE LEADING PLAINTIFFS’ securities litigation firm in the nation, Bernstein Litowitz Berger & Grossmann is bound to make an impact after any corporate fraud scandal, pushing for both recoveries and reforms. A key member of that tireless army is Gerald Silk, who also heads the Bernstein Litowitz team that evaluates which cases to take on. Investors around the world are happy that Silk, the son of a plaintiffs’ lawyer, switched sides after initially doing defense work at Weil, Gotshal & Manges. The 1995 Brooklyn Law School graduate has played a key role in the firm’s recovery of approximately $6 billion in federal cases arising out of the subprime crisis as well as its pursuit of more in Massachusetts state court. LAWDRAGON: Do you see a difference in the types of illegal conduct from your early years of practice and now? GERALD SILK: I see no difference. Fraud is fraud. When people decide to commit bad acts the consequences are always devastating to the victims. That said, I believe we have seen a difference in the market’s reaction to fraud. In the past, the market reacted more swiftly and severely to revelations of fraud and misconduct. It was not uncommon to see massive stock drops, for example, with Cendant Corporation – in April 1998,

means of untrue statements and omissions in violation of Massachusetts law. This case received media attention, including feature coverage in The New York Times, because we brought it in state cour t. Settlements have been reached with all but one of the Wall Street bank defendants. LD: On a one to 10 scale, with 10 being worst for noxious financial instruments, what would you give RMBS? GS: The RMBS itself is not the problem. Like many cases we bring, the problem is when the representations in offering materials are not accurate or truthful as to the quality and value of the underlying collateral. That is exactly the kind of conduct for which we hold banks and financial institutions accountable. LD: And if you were to give a grade to the legal system’s response to RMBS in terms of delivering justice to those defrauded, what would it be? GS: Each case has its own facts and has to stand on its own. While we haven’t agreed with every decision to come out of the trial and appellate courts, on balance I think the courts have done a fair and impressive job adjudicating these complex claims. LD: I see you studied at Wharton before earning your law degree. Were you always interested in business?

the disclosure of accounting irregularities caused the

What did you foresee doing with your degree as an

then-largest stock drop in U.S. histor y. Now, I feel as


if the reaction tends to be more muted. I am not sure

GS: I always had an interest in business management

exactly why. Perhaps it is because management is

and government, with a focus on labor relations, which

couching their disclosures and conduct more cleverly

ultimately led me to law school. But not before spend-

to create less of a reaction.

ing a great year working for six months in Jerusalem

LD: In recent years you have represented investors in

for the Ministr y of Justice, and another six months

securities actions arising from the subprime mortgage

waiting tables in Vail and skiing every day.

crisis. Is there a par ticular case that illustrates the

LD: At the start of your career you spent almost three

work you and Bernstein Litowitz have done to help

years as an associate with Weil, defending securities

those defrauded by investment banks or corporations?

cases. What prompted you to switch to the plaintiff side?

GS: We have recovered nearly $6 billion on behalf of

GS: I would say there are three primary reasons. I always

our clients in federal cour t class actions related to

identified with the victim, in part due to the fact that

the subprime mor tgage crisis. But if I had to choose

my father was a plaintiff attorney and I grew up steeped

a par ticular case that defines our work in this area,

in his work. Also I identify with the contingency fee

I would say it is our ongoing prosecution in Massa-

model. It is very different from the hourly model, where

chusetts state cour t of Cambridge Place Investment

you get paid regardless of whether you win or lose. In

Management Inc. v. Morgan Stanley & Co., Inc., et al.

addition, I found that I enjoy crafting and strategizing

We represent Cambridge in a direct (non-class) action

on “offense,” if you will, on these cases. The defense/

asserting state securities law claims against 16 Wall

defensive mindset is ver y different – you are often

Street banks, including Morgan Stanley, Citigroup, Gold-

forced to look for delay tactics, and I enjoy driving the

man Sachs, JPMorgan and Merrill Lynch, and 44 issuers

process more than responding to it.

of residential mor tgage-backed securities. We allege

Browse the Lawyer Limelight series online at www.

that the defendants sold the RMBS to Cambridge by



I S S U E 15






500 Carolyn Lamm W H IT E & C A SE ( W AS H IN G TON , D.C .) Lamm remains in the ultra-elite group of lawyers relied on by foreign companies and governments with the most important cross-border disputes, with clients like the governments of Uzbekistan, the Philippines and Indonesia.

Steven Lane H E R MA N H E R MA N ( N E W ORLEAN S ) The multi-talented Steve Lane serves as managing partner of the estimable Herman Herman & Katz, while counseling the New Orleans City Council and continuing his practice as a preeminent divorce lawyer.

David Lash O’ME L VE N Y & MY E R S ( LOS AN G ELES ) The inspirational former Bet Tzedek executive director has done as much as any private firm lawyer to elevate the status of firm-sponsored public interest work and has taken O’Melveny’s pro bono program to new heights.

J. Travis Laster DE LA W A R E C O UR T OF C H AN C ERY ( WILMIN G TON ) Laster provides more than enough firepower to fill the feistiness void created when Leo Strine moved to the Delaware Supreme Court; he’s dismantling plaintiffs and defendants alike, with special focus on banks and corporate directors.

Wendi Lazar OUTTE N & G OLDE N ( N EW YORK) Lazar has established herself as one of the nation’s elite lawyers to specialize in representing high-level employees in the full range of contractual and international issues.

Mark Lebovitch B E R N ST E IN L ITOWITZ ( N EW YORK) The head of the firm’s corporate governance group has brought novel claims to protect and improve stockholder voting rights, achieve greater transparency in corporate political spending, and obtain hundreds of millions of dollars for shareholders harmed through conflicted corporate transactions.

William Lee W IL ME R H A L E ( B OST O N ) The admired veteran has put his unrivaled IP litigation experience to use for Apple in its high-stakes war with Samsung and has tried 15 cases and argued 20 appeals over the past three years.

Yoon-Young Lee W ILME R H A L E ( WAS H IN G TON , D.C .) Throughout her 25-year career at WilmerHale Lee has established herself as one of the practice leaders most trusted by broker-dealers and other financial institutions for all their compliance and regulatory needs.

Heather Lennox JO N E S DA Y ( N E W YORK) An essential part of the firm’s strength in business restructuring and reorganization, Lennox has had her hand in the firm’s highprofile work for the City of Detroit, Hostess Brands and GM.



I S S U E 15


Susanna Buergel PAUL WEISS (NEW YORK)



WANJI WALCOTT WANJI WALCOTT IS PART OF THE NEXT generation of corporate counsel making their mark in For tune 100 businesses. As managing counsel at American Express, she leads a team of lawyers who suppor t the business on internet law issues (mobile, web, social media), online and mobile payment initiatives, technology aspects of mergers and acquisitions, as well as outsourcing and other technology transactions. Walcott has a long-term commitment to pro-bono work and in 2003 was a recipient of the Lawyer’s Alliance of New York Cornerstone award. In 2004 she set up the American Express General Counsel’s office pro-bono program, which has won numerous awards. Walcott is also a firm advocate of diversity in law and served for many years on the company’s U.S. Diversity Council. LAWDRAGON: Can you tell me how you made the decision to become an in-house lawyer? WANJI WALCOTT: I star ted at Lockheed Mar tin fresh out of school and I was in a For tune 50 company in their legal depar tment, which was a great experience but I had nothing to compare it to, as that was my first legal job. I knew it wasn’t normal – I was probably the only person in my class who went straight in-house to a Fortune 50 company, I would venture to guess. But it

that. When I use outside counsel, I’m really looking for a technical answer or an overall risk assessment. Really there are two reasons why I use outside counsel. One, if we’re super-busy and I just need additional hands or bandwidth, then I go to outside counsel. But the more important reason I use outside counsel is for technical exper tise in an area where my experience runs very broad but maybe not very deep. Sometimes I need expertise that’s deep in one particular area and I’m going to outside counsel to get that, because this particular woman or man is the expert and goes very deep in this particular discrete area. ... When you’re in-house, there are some of us here that support business units, there are some of us that support certain subject matter areas, but I just think it’s important to be able to balance how deep you need to go and how broad you need to go in order to advance the goals of the business, because that’s why we’re here. We’re not here to show our academic prowess in one particular area of law – we’re here to really further the goals of the business and if we’re not doing that, then I don’t really think they need us around. LD: What do you think private practice lawyers could learn from the in-house sector?

seemed normal to me because that’s what I was doing.

WW: How to communicate succinctly and effectively.

LD: How would you compare the skills needed to suc-

To do that in a way that makes sense for the clients

ceed as a lawyer in house and at a law firm?

with an eye to advancing the goals of the business. As

WW: I’ve had the benefit of a range of experience. After

you can imagine, outside counsel constantly want to

my first in-house job, I went to a small star t-up com-

come in and “show me their wares,” which I’m happy

pany and while I was there we went public, and then I

to hear about. My main request is that people take

went to a big law firm. So I’ve had the experience of

the time to know my business. And it’s easier to know

being in-house counsel in a big legal depar tment, in a

someone’s business today than it was when I started

teeny small department, and then in a bigger law firm

my career. You know, I’m a ’94 law grad and when I

as outside counsel – and I think the skills are quite

star ted at Lockheed Mar tin, to be honest with you,

different. I think in my experience, star ting my career

before my inter view I’d never heard of the company!

as in-house counsel, I quickly learned that my internal

I went to the librar y and I pulled out a book and all

clients wanted ver y pragmatic advice to really further

it said was they were in the defense industr y and I

their business decisions. They weren’t necessarily in-

thought – what is that?

terested in academics or a response to a problem that

Today there is so much information available at your

was ver y lengthy and drawn out. They really wanted to

fingertips and so my favorite outside counsel meetings

know: Can I do this? If so, how do I do it? If I can’t do

are when people come in, they know my business, and

it, what can I do? It’s really that simple. When I went

they try to tell me about their practice areas that will

to a law firm, that’s where I honed my skills in the

advance my business. I mean, it’s interesting when

ar t of law, and I felt I really improved my legal skills

people come in and tell me about other practice areas,

tremendously in that environment.

but my time is so precious, I’m thinking – “why do I

LD: Could you talk more about how the two aspects of

need to know this?

your experience interact?

Browse the Lawyer Limelight series online at www.

WW: I could take the best of both worlds and balance



I S S U E 15






500 Richard Leon U. S. DIST R IC T C O UR T FOR TH E DIS TRIC T OF C OLUMBIA ( WAS H IN G TON , D.C .) The D.C. District Court judge found the NSA’s program of routinely keeping records on hundreds of millions of Americans’ phone calls to be almost Orwellian and almost certainly unconstitutional, dawning a new day for scrutiny of FISA and discussion of privacy in the information age.

Sandra Leung B R IST O L - MY E R S SQ UIBB ( N EW YORK) Bristol-Myers Squibb is lucky to have Leung in a leadership position as general counsel to handle the future of Big Pharma, legally speaking.

Andrew Levander DE C H E R T ( N E W YORK) A former federal prosecutor and the chair of Dechert’s policy committee, Levander runs one of the most successful whitecollar practices in the nation, with a defense role in a dizzying array of matters arising from the financial crisis.

Ava Lias-Booker MC G UIR E W O O DS ( BALTIMORE) Businesses of all stripes rely on the managing partner of McGuireWoods’ Baltimore office for their most important complex litigation involving shareholder, products liability, contract, fair credit, insurance coverage and other claims.

David Lira G IR A R DI & KE E SE ( L OS A N GELES ) Lira is one of the country’s most successful advocates for safer roads and also played a key role in the trial for injured San Francisco Giants fan Bryan Stow.

Jan Nielsen Little

KE K E R & VA N N ES T ( S AN FRAN C IS C O) One of the pillars of the

renowned litigation firm, Little is an expert white-collar litigator who successfully defended former Citigroup executive Brian Stoker against SEC fraud charges related to the financial crisis.

Judith Livingston KR A ME R DILLOF ( N EW YORK) This prestigious leader of the trial bar has no equal in medical malpractice: she convinced a Brooklyn jury to award her client $4M after she was nearly fatally cut during an operation for an ovarian cyst.

George Lombardi W IN STON & STRAWN ( N EW YORK) Chairman of the firm’s intellectual property practice, Lombardi followed up his massive $1B victory for Monsanto against DuPont with another victory for regular client Barr/Teva Pharmaceutical, this time against Bristol-Myers Squibb in a patent dispute for a Hepatitis-B drug.

Simon Lorne MIL LE N N IUM MA N A G E M EN T ( N EW YORK) The former GC of the SEC remains among the most admired in-house counsel as the hedge fund’s chief legal officer and one of the leading minds on corporate governance issues.



I S S U E 15


Jonathan Lowy B R A DY C E N TE R TO PREV EN T G UN V IOLEN C E ( WAS H IN G TON , D.C .) Lowy has achieved numerous legal victories over the past decade as director of the Brady Campaign’s legal action project and continues his tireless advocacy to make the nation a safer place.

Martin Lueck R O B IN S K A P LA N ( MIN N EAPOLIS ) A key member of the firm’s outstanding litigation team, Lueck won important victories for grocery retailer SuperValu Inc. in claims alleging antitrust, RICO, consumer fraud and other violations.

Joan Lukey R OP E S & G R A Y ( B O STON ) One of the firm’s most experienced and successful trial attorneys, Lukey won a $51M jury verdict for crime writer Patricia Cornwell against her financial advisor and will try to do so again now that the judge has ordered a retrial.

Mark MacDougall A KIN G UM P ( WAS H IN G TON , D.C .) The former federal prosecutor has scored big for corporations and officials in complex civil and criminal litigation while working tirelessly for death penalty defendants in South Carolina and directing the firm’s representation of religious groups.

M. Elizabeth Magill ST A N F O RD LAW S C H OOL ( S TAN FORD) This leading scholar on administrative law and constitutional structure has earned many fans for her innovative leadership at the illustrious law school after taking over as dean in 2012.

Colleen Mahoney SKA DDE N ( WAS H IN G TON , D.C .) The former acting general counsel of the SEC heads Skadden’s securities enforcement and compliance practice and advises corporations and individuals involved in SEC and other agency investigations.

John Majoras JO N E S DA Y ( C O L UMBUS , OH IO) A prolific litigator of high-profile antitrust matters, Majoras played a key role in steering through client American Airlines’ merger with US Airways.

Neal Manne SUSMA N G O DF R E Y ( H OUS TON ) The marvelous Manne has excelled as managing partner of one of the most successful litigation firms in U.S. history while litigating a fascinating range of cases for plaintiffs and defendants throughout the country, such as his work for shareholders of Harmonix, makers of the Rock Band video game, against Viacom.

Gregory Markel C A DW A L A DE R ( N EW YORK) Markel is the go-to lawyer for securities litigation, antitrust cases and for disputes arising out of mergers and acquisitions.

I S S U E 15





JAMES WOOLERY CADWALADER, WICKERSHAM & TAFT will remain in steady hands next year when James Woolery takes over as chairman from Christopher White, who guided the firm through the post-financial crisis era. Wooler y initially ascended the ranks of the dealmaking world at Cravath, Swaine & Moore, where he made partner, then went to JPMorgan Chase in 2011 to serve as co-head of mergers & acquisitions for North America. Woolery joined Cadwalader last year and picked up where he left off in private practice. He represented the special committee of Dell in the $24.9B buyout by Michael Dell and Silver Lake, among other deals. LAWDRAGON: Has your experience at JPMorgan changed you as a lawyer? JAMES WOOLERY: Fundamentally it enhanced my ability to understand oppor tunities and challenges from the client perspective. As I was the client of many major law firms during my tenure at the bank I was able to see how firms’ approaches differed. More importantly, from the client viewpoint I was able to better understand how to address business challenges. This perspective gave me a true insight into how lawyers can add greater value to their clients in an evolving market for legal ser vices, which is absolutely key.

in place organizational vehicles to make it happen, organizational realities from technology, personnel, infrastructure, culture and so for th. I think it’s absolutely necessar y to function as a team. Lots of firms have a siloed and product-focused structure, which can work against this. LD: What do you think will be the defining characteristics of the M&A landscape over the next few years? JW: The landscape has most significantly changed in that there is a higher bar to transact – the level of scrutiny that a deal has to go through to be born is so much higher. Clients really need lawyers that can separate the wheat from the chaff and can anticipate how deals will be challenged. Not only is there a higher bar to announce a deal, but once it has been brought forward it’s so often subject to challenge – whether by activists, antitrust issues, plaintiff law firms, or media attention. Media attention to deals has become so much more intense given the news cycle around the financial media. Therefore companies need to anticipate not just getting the deal announced, but that getting it to closing will be a much more intense exercise than previously. Clients need lawyers who can anticipate and prepare for this before they announce the deal.

Also, operating in an investment bank the size of JP

LD: Shareholder activism seems to have undergone a

Morgan strengthened my commercial perspective. I

makeover and is often now presented as something

gained a deep understanding of the business, the differ-

positive for companies. is this mantle deserved?

ent products, the culture, and all the issues from both

JW: The role of activists is definitely more complex

a corporate and a financial institution point of view.

than is often por trayed in the media. Activism is ver y

LD: How would you say lawyers can practically add

different and operates across a wide spectrum. To

value for their clients?

view ever y activist situation as equal is an antiquated

JW: They can add much greater value by focusing not

view. There are different sizes of funds and different

just on execution excellence (although that is of course

agendas. There’s a need to differentiate between

critical to have), but ideas to help clients navigate

activism that is destructive and that which is con-

complex business challenges. To do that, lawyers have

structive. Activists that have been fairly media-savvy

to focus on the absolute specifics of the client’s busi-

have done a good job of grabbing the “shareholder”

ness, understand the regulator y framework the client

mantle, rather than the “greenmailing” mantle they

is operating in, comprehend the water the client swims

were given in the ‘80s.

in ever y day – coming at everything from the client’s

The issue really needs more media scrutiny, as not all

point of view. What that means is looking for information,

activism is good and neither is all of it bad. There’s a

competitive intelligence, competitive analysis – essen-

need to differentiate between what is positive and what

tially all the things that the client needs beyond legal

is negative for both short- and long-term shareholders

work but which is fundamentally related to the legal

as well as the broader economy. I do think the pace of

work. That really, to my mind, is the key to success. It is still relatively rare because law firms have

the news cycle and the need for content has helped to drive this, as there is a clear narrative and that’s why

generally organized themselves around product and

the media have devoted so much time to it.

execution rather than around value and ideas. To add

See the full Q&A at www.lawdragon.com/lawyer-lime-

value in this way for clients, law firms have to put



I S S U E 15






500 David Marriott C R A VA T H ( N E W Y ORK) All types of corporate giants rely on Marriott for their most important and complex litigation; he was part of the team that prevailed for Mylan Specialty in its patent-infringement dispute with Teva Pharmaceuticals.

Wally Martinez H UN T O N & W IL LIAMS ( N EW YORK) A standout white-collar litigator who also served a stint as general counsel for Diageo North America, Martinez has grown his regional firm into a national player since becoming managing partner in 2006.

Katharine Martin W IL SO N SO N S IN I ( PALO ALTO) The accomplished transactional partner with a long track record of offerings and M&As was a logical choice to work on the $1.8B Twitter IPO given her past lead on LinkedIn’s $3.53B IPO two years earlier.

Mark Martins OF F IC E OF MILITA R Y C OMMIS S ION S ( ALEX AN DRIA, V A.) At the center of a difficult and at times legally confusing situation, Martins has earned praise for his work and commitment to move through the trials of the terrorist defendants in the controversial military commissions system, serving as chief prosecutor.

Terri Mascherin JE N N E R & B LOC K ( C H IC AG O) An excellent trial attorney for highstakes cases, Mascherin combines one of the best commercial litigation practices around with an impressive commitment to pro bono work.

Marco Masotti

P A UL W E ISS ( N E W YORK) The co-chair of Paul Weiss’ renowned private funds group is one of the top advisors to alternative asset managers, including

Apollo, Avenue Capital, Blackstone/GSO, General Atlantic, Oak Hill and many others.

Randy Mastro

G IB SON DUN N ( N E W YORK) New Jersey Gov. Chris Christie called on

this tough-as-nails litigator to investigate the “Bridgegate” scandal, a move that culminated in a controversial report that cleared the governor of wrongdoing.

Colette Matzzie

P H ILLIP S & C O H E N ( WAS H IN G TON , D.C .) Mattzie is a top advocate for

whistleblowers with a proven track record taking on government contractors and program participants as well as companies in the pharmaceutical, medical device and healthcare industries.

Michele Coleman Mayes


in-house and philanthropic circles known for her commitment to diversity, Mayes is going strong as the NYPL’s legal leader after a successful five-year run as general counsel for Allstate Corp.

Edwin Maynard

P A UL W E ISS ( N EW YORK) Tops in the U.S. for cross-border

U.S.-Canadian deals, Maynard represented the Government of Canada in the $23B IPO by General Motors and the Maple Group’s $4 billion acquisition of the Toronto Stock Exchange.



I S S U E 15


Brian McCarthy SK A DDE N ( LOS AN G ELES ) The head of Skadden’s Los Angeles office is both a go-to dealmaker for media and entertainment companies and a trusted advisor to many CEOs and boards. Recent work includes representing Jimmy Iovine and Dr. Dre on the acquisition by Apple of Beats Music and Beats Electronics.

Gregory McConnell W IN STON & S TRAWN ( C H IC AG O) After joining from the American Bar Association Center for Pro Bono in Chicago, McConnell has made Winston an admired leader in pro bono work with more than 60 percent of its attorneys devoting a minimum of 20 hours each year.

Harold McElhinny MOR R ISO N & FOERS TER ( S AN FRAN C IS C O) In the smartphone wars, Apple calls on McElhinny and partner Rachel Krevans to take on Samsung, which in recent years has resulted in a billion-dollar victory for Apple and a favorable ruling in the International Trade Commission that Samsung devices infringed on Apple patents.

Randi McGinn MC G IN N C A R P E NTER ( ALBUEQUERQUE, N .M.) McGinn is simply tops in New Mexico for plaintiffs-side personal injury, wrongful death and medical malpractice litigation and one of the few women nationwide who is part of the 100-member Inner Circle of Advocates.

Patrick McGroder G A L LA G H ER & KEN N EDY ( PH OEN IX ) An admired philanthropist, McGroder has netted more than $500M for injured plaintiffs over his storied career while also ensuring his cases bring much-needed reforms to benefit society at large.

Jami Wintz McKeon MOR G AN LEWIS ( PH ILADELPH IA) McKeon excelled as chair of the litigation practice, earning the trust of her partners who elected her to take over as chair – making Morgan Lewis the largest firm led by a woman.

Mike McKool MC KOOL SMIT H ( D ALLAS ) The U.S. Court of Appeals for the Federal Circuit upheld his $391M verdict for Versata Software in its patent-infringement dispute with SAP America and SAP AG, another major victory in a stellar 40-year career.

William McLucas W IL ME R H A L E ( WAS H IN G TON , D.C .) Corporations, boards, special committees and executives all turn to this former SEC director of enforcement for their most important SEC investigations, company crises and internal investigations.

Christopher Meade U. S. T R E AS URY DEPARTMEN T ( WAS H IN G TON , D.C .) Few lawyers have so rapidly achieved as much as Christopher Meade, general counsel of Treasury, who’s worked assiduously to strengthen the U.S. financial system for all.

Thomas Melsheimer F ISH & RIC H ARDS ON ( DALLAS ) Dallas Mavericks owner Mark Cuban chose wisely in having Melsheimer defend him against insider trading claims brought by the SEC, a case that resulted in a federal court jury clearing him of wrongdoing.

I S S U E 15





CHARLA ALDOUS IN HER 28 YEARS AS A TRIAL LAWYER, Dallas attorney Charla Aldous has earned just about ever y type of distinction and award in her line of work. And for good reason. She has tried nearly 200 cases for injured clients and their families with verdicts

LD: In your field, you’ve had to deal with all kinds of difficult stories involving people and their families. Is there one case in par ticular that you’ve handled in your career that you can say has shaped your career or your own personal life in some way?

totaling in excess of $750 million, easily making her

CA: I have the luxur y of being able to take only the

one of the most successful plaintiffs’ lawyers of her

cases I believe in and representing only the people

generation. Aldous is a member of the prestigious

I want to represent. My clients are like family to me,

Inner Circle of Advocates, which is limited to 100 of

and I have a deal with each of them that at the end

the best plaintiff-side lawyers in the nation, and was

of a case, they have to give me a personal memento.

recently given the Compassionate Gladiator Award by

This star ted with the first plaintiff’s case I ever tried,

the Florida Justice Association.

which was also the first MTBE water contamination

The 1985 graduate of Southern Methodist University

case in the countr y. I represented 128 trailer park

Dedman School of Law takes pride in getting “emotion-

residents whose well water had been contaminated

ally involved” in the cases of her clients, whom she

by a powerful oil company. The second day of trial

considers “like family.”

my clients gave me a gift – a gold plated guardian

LAWDRAGON: What made you decide to strike out on your own and hang up your own shingle despite the fact that you were already a ver y successful plaintiffs’ attorney at a much larger and well-established firm? CHARLA ALDOUS: Before joining a large firm I had my own practice. I went to a large, national firm to be trial counsel. It didn’t take me long to realize that I

angel lapel pin. I have worn it in ever y trial since. It reminds me of why I do what I do and encourages me that I can make a difference in people’s lives. LD: You’ve been in front of a jur y near ly 200 times. Does that ever get old? How do you prepare? CA: After 28 years, I still love being in front of a

missed the one-on-one contact and the deep personal

jur y. I would rather be in trial than doing anything

relationships that I have with my clients when I have

else. Even my children can tell when I need a “trial

my own firm. So I went back to my own practice so I

fix.” Trials are tiring because I prepare by wor king

could choose who to fight for and have those personal

my tail off. But when it begins, and I am standing

connections with the clients.

in front of our citizens fighting for the right cause,

LD: What was the biggest hurdle for you when you

it makes all the wor k wor th it.

opened your own practice?

LD: if you could tell people one word to describe

CA: The biggest drawback for me to having my own

yourself as a lawyer, what would it be?

practice is the business aspects of practice manage-

CA: Passionate. A defense lawyer once told me

ment. I love my clients and my cases. And I especially

that I get too emotionally involved in my cases. I

love taking on causes. But I don’t enjoy the business side of the practice, such as having to deal with insurance, office leases, equipment, and the like. LD: It’s still pretty much a man’s world in law, but more so in your field of practice. What were some of the more blatant and frequent prejudices you’ve had to deal with in your career and how have you overcome them? CA: Before the start of a jur y trial in East Texas many

told the lawyer that when I stopped being emotionally involved in my cases is when I needed to stop practicing law. LD: What was your favorite class in law school? CA: Trial Advocacy. And it remains my favorite par t of law. LD: What do you do for fun? CA: Other than tr ying cases, my favorite thing to do

years ago, the elderly male judge asked me if I “was one

is to just spend time with my four children. I have

of those lady lawyers with a chip on my shoulder.” I had

been blessed to have children that I actually enjoy

to really weigh what I wanted to say versus what was

being around and with whom I have great fun. My

best for my client. My response was, “I don’t think so,

other releases are working out and taking my dogs

but if I am, I suspect you might just knock it off.” We

to the dog par k. Browse the Lawyer Limelight series

won the case so I guess the compromise was worth it.

online at www.lawdragon.com/lawyer-limelights.


I S S U E 15






500 Mark Mendelsohn P A UL W E ISS ( W AS H IN G TON , D.C .) The former head of the Justice Department’s FCPA enforcement program is one of the leading defense counsel for the most complex internal and government FCPA investigations, as well as the full range of anti-corruption compliance matters, advice and counseling.

Lee Meyerson SIMP SO N TH A C H E R ( N EW YORK) The head of Simpson Thacher’s renowned M&A and financial institutions practice remains as busy as ever on billiondollar deals, such as JPMorgan’s $3.5B sale of its physical commodities business to Mercuria Energy Group.

Jane Michaels H O L LA N D & H A R T ( DE N V ER) The chair of Holland & Hart’s trial team is also one of the best intellectual property lawyers in the nation across almost every conceivable industry.

W. Daniel Miles B E A SL E Y A LLE N ( M ON TG OMERY, ALA.) “Dee” has had a tremendous impact around the nation as leader of the firm’s plaintiff-side consumer fraud and commercial litigation section, taking charge of an astounding array of cases against pharmaceutical companies and other corporations.

David Miller T- MO B IL E ( B E L LE VUE , WAS H .) T-Mobile’s general counsel has almost two decades of experience in the wireless industry in which he played a starring legal role by guiding his company through its merger with MetroPCS.

Lee Miller DL A ( C H IC A G O) An accomplished real estate lawyer and firm co-chairman, Miller has taken DLA to new heights while displaying innovation and commitment to pro bono work and the retention and promotion of women and minority lawyers.

Patricia Ann Millett U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT (WASHINGTON, D.C.) Highly respected appellate litigator Patricia Millett won the D.C. Circuit Court of Appeals seat formerly held by John Roberts by provoking the nuclear option on judicialnominee filibusters - allowing confirmation by majority vote.

Dale Minami MIN A MI TA MA KI ( SA N FRAN C IS C O) One of the Bay Area’s best personal injury attorneys also represents celebrities like skater Kristi Yamaguchi and fights for civil rights for Asian Pacific Americans, such as his work to overturn Korematsu v. U.S.

Martha Minow H A R VA R D LA W SC H O OL ( C AMBRIDG E, MAS S .) Minow has made strong contributions in areas ranging from constitutional and education law to international criminal justice and human rights while keeping Harvard at the top of the legal education world.

Ted Mirvis W A C H TE L L LIP T O N ( N E W Y ORK) The iconic Wachtell figure is one of the most revered litigators and leading minds on corporate governance and securities matters, combining an endlessly busy practice for clients like Bank of America with prolific scholarly contributions.



I S S U E 15





WILLIAM LEE WHEN SOMEONE STEPS DOWN AS THE head of one of America’s largest and most prestigious law firms, he or she generally looks forward to a life that is perhaps a little more emeritus than it is eventful. William Lee of WilmerHale? Not so much. Freed from management responsibilities in 2011, Lee resumed carr ying a staggering caseload and recently took on the leadership of the Har vard Corporation, the university’s highest governing body. (Lee received his undergraduate degree from Har vard and went to law school at Cornell.) From his role in the Iran-Contra investigations in the 1980s through his rise at Hale and Dorr, where he shepherded the 2004 merger that begat WilmerHale, to the present, Lee’s career has been marked by extraordinary scope and breadth. Apparently, it’s still far too soon to be talking about his legacy. LAWDRAGON: You were managing partner at Hale and Dorr and then co-managing par tner at WilmerHale for more than a decade, along with keeping a full litigation calendar of high-profile cases, teaching and eventually taking on corporate responsibilities at Harvard. Boston Magazine once said you worked 11 hour days, six days a week. Was that an underestimate, and has your work-

protect invention and innovation in real time. Third, the patent system allows nonpracticing entities to impose a tax and burden upon the economy. I would propose that we adopt a “loser pays” system and that would solve much of the problem. LD: You got your law degree and an MBA from Cornell in 1976, a much different time for legal education. Do you think that graduating with significant debt would have changed how you pursued your career? WL: My parents arrived in the United States in June of 1948 without a penny to their name. My dad went on to get his Ph. D. in physics, became a vice president at GE and later was a professor at M.I.T. The single most important thing to our family was education and he ensured we got it no matter what it cost. My arrival at Harvard was the direct result of a decision years before by President [James Br yant] Conant to open Harvard broadly to folks like us. Not only did I go there, but both of my brothers did and today are professors at Harvard Medical School. My dad also ensured that we did not leave school with substantial debt and that our career decisions could be made with something other than money in mind.

load eased any since you let go of firm management?

LD: As an IP lawyer – how do you manage to stay up

WILLIAM LEE: Just as I was stepping down as co-

with the pace of change in technology?

managing par tner, I began my ser vice as a Fellow of

WL: When I arrived at Har vard, my dad and I put my

the Harvard Corporation and the Apple litigations went

belongings in my room and he asked me to take a walk

into high gear. Over the last three years, I have tried

with him. We walked down Massachusetts Avenue in

15 cases and argued 20 appeals and, on July 1st of

Cambridge. He said, “So, you are going to be a scien-

this year, I became the Senior Fellow at Har vard. The

tist?” I said, “Yes. Just like you.” He said, “Well, if you

work has been exciting and challenging and a bit time

want to be a scientist you need to be a deep thinker.”

consuming. If I had not relinquished my management

I said, “OK.” He said, “Well, you are not. You are a fine

responsibilities, I am pretty sure I would have been

athlete and have other skills. Change you major and

performing badly at ever ything.

things will work out.” I changed my major the next day

LD: As one of the leading IP litigators in the country,

to economics and things worked out just fine.

here’s a hypothetical for you: Let’s say you were ap-

My family background taught me never to be afraid

pointed to head up a presidential commission on patent

of technology or learning about it. That has been the

reform. Where would you like to steer that ship?

single most valuable lesson for me in practice. Each

WL: I would do three things. First, I would recognize

case is different and each technology is in some sense

that the Court of Appeals for the Federal Circuit has

new. And, each is exciting to learn in its own way.

become one of the most influential courts in the country

LD: As a guy who once joked about being “the only

and, indeed, globally. I would ensure that each appoint-

Chinese lawyer in Boston,” how do you think law firms

ment I made to the court was a person of substantial

are doing in general these days with diversity?

intellectual ability who recognized and could help de-

WL: Better but still a ways to go. We have made more

velop a coherent body of patent law. Second, I would

progress with women in practice than people of color.

recognize that the patent litigation system functions

We can and should do better and more.

suboptimally. It operates too slowly to protect real

Browse the Lawyer Limelight series online at www.

invention and innovation. We need remedies that will



I S S U E 15






500 Jeffrey Mishkin SKA DDE N ( N E W Y ORK) This year, the former chief legal officer of the NBA secured a victory on behalf of the four major pro sports leagues and the NCAA that prevents the state of New Jersey from legalizing sports gambling.

Steven Molo MOLOLA MK E N ( N E W Y ORK) Patent claims, international disputes, whitecollar criminal investigations, legal malpractice cases, lawsuits arising from the RMBS crisis and the successful challenge to NYC’s ban on big sugary drinks – Molo can do it all.

Maura Monaghan DE B E VO ISE & PLIMPTON ( N EW YORK) Monaghan excelled for client American Airlines in a federal bench trial, beating back $3.5B in claims by World Trade Center Properties in efforts to recover post-Sept. 11 damages from the airline.

Thomas Moore KR A ME R DILLOF ( NEW YORK) The widely admired Moore makes headlines for his trial victories and settlements for injured parties, such as his $130M verdict for a girl and her family over a hospital’s mistakes during delivery that left the girl with cerebral palsy.

Mark Morton P OTTE R A N DE R SO N ( W ILMIN G TON ) With an incredible deal list to his name, Morton is the key reason why Potter Anderson is one of the select firms companies and boards go to for governance advice and guidance through complex transactions.

Sara Moss E ST E E L A UDE R ( N E W Y OR K) The trailblazing Moss, who was Pitney Bowes’ general counsel prior to taking the job at Estee Lauder, has long been one of the most admired senior in-house lawyers in the nation.

Elizabeth Mulvey C R O W E & MUL V EY ( BOS TON ) Mulvey has netted hundreds of millions of dollars in verdicts and settlements for injured plaintiffs, earning her a place in the ultra-elite Inner Circle of Advocates.

Susan Murley W ILME R H A L E ( B OST ON ) Murley ascended to the top of WilmerHale with one of the best M&A practices in the region, boasting a focus on the technology and life sciences industries, and has successfully guided the firm since taking over as comanaging partner in 2012.

Francis Patrick Murphy

C O RBOY & DEMETRIO ( C H IC AG O) One of the

Chicago-area’s very best plaintiff lawyers has been one of the cornerstones of his firm over the past decade, amassing an impressive record of multimillion-dollar verdicts and settlements.

John Murphy SH O O K H A R DY ( K A N S AS C ITY, MO.) Firm chair since 2002, this accomplished trial lawyer is the number one reason Shook Hardy has ascended to new heights and is considered among the best in defense-side products liability litigation.



I S S U E 15


Scott Musoff SKA DDE N ( N E W Y O RK) Among the nation’s preeminent securities litigators, Musoff has scored major victories in recent years for Bank of America/Merrill Lynch, CIBC, Societe Generale, Blackberry and Sprint, among other clients.

Toby Myerson P A UL W E ISS ( N EW YORK) The firm’s accomplished global M&A co-leader represented Reckitt Benckiser plc in the successful unsolicited takeover of Schiff Nutrition for $1.4 billion in cash and in winning an auction to purchase certain assets and enter into a collaboration agreement regarding businesses of Bristol-Myers Squibb located in Mexico and Brazil.

Clifford ‘Mike’ Naeve

SK A D DEN ( WAS H IN G TON , D.C .) A former FERC commission-

er, Naeve leads Skadden’s Washington, D.C. office and advises energy clients on an array of commercial and regulatory matters. He most recently advised Wisconsin Energy Corp. in its $9.1 billion acquisition of Integrys Energy Group and both Exelon Corp. and Pepco Holding with the regulatory aspects of Exelon’s $6.8 billion acquisition of Pepco.

Gary Naftalis KR A ME R LE VIN ( N EW YORK) After more than four decades of acclaimed trial work, firm co-chair Naftalis remains one of the most in-demand litigators for complex civil cases and criminal investigations.

Laura Neebling P E R K IN S C O IE ( S EATTLE) Neebling has been one of the region’s leading land use and real estate attorneys for many years and has earned recognition for her successful stewardship of Perkins Coie as chair of the executive committee.

Daniel Neff W A C H TE L L LIP T O N ( NEW YORK) Mr. M&A and the firm’s co-chairman, Neff nailed down a $130B deal by representing Verizon Communications in the acquisition of Vodafone’s 45 percent interest in Verizon Wireless and defended Airgas against the hostile takeover bid by Air Products and Chemicals.

Lynn Neuner SIMP SO N TH A C H ER ( N EW YORK) This standout from the firm’s litigation roster scored important victories for Pfizer in a securities case and for Travelers in its dispute with Northrop Grumman over environmental cleanup costs.

David Nevin N E VIN B E N JA MIN ( BOIS E) The fearless and outspoken Nevin is putting his vast experience on behalf of criminal defendants over 35 years to use in his defense of Khalid Sheikh Mohammed before a military commission at Guantanamo Bay.

Blair Nicholas B E R N STE IN LITOWITZ ( S AN DIEG O) The firm’s San Diego managing partner has tallied billions for institutional investors in high-profile litigation against major corporate defendants and has long been viewed as one of the top securities litigators in the nation.

I S S U E 15





DARALYN DURIE THERE ARE FEW TRIAL LAWYERS IN THE exclusive world of Silicon Valley high-tech circles as trusted as Daralyn Durie, name par tner at Durie Tangri in San Francisco. The founder of the 18-lawyer litigation firm has a client list that includes Facebook, Google, Genentech, Twitter and LinkedIn. In addition to her intellectual proper ty practice, Durie defends class actions and represents law firms on liability matters. Fellow litigators, including opposing counsel, admire her and call her a “lawyer’s lawyer.” Durie has also been recognized in the legal community for her business savvy. When she co-founded the firm in 2009 with Keker & Van Nest fellow colleague (and longtime romantic partner) Ragesh Tangri, it was the height of the recession. From its modest beginnings with only a handful of former Keker partners and onetime Boalt Hall classmates, including famed IP lawyer and Stanford Law School professor Mark Lemley, the firm has grown to a 32-person operation and taken on numerous high-profile cases. The entrepreneurial operation has been willing to work out alternative billing arrangements with clients. LAWDRAGON: In the last six years since you’ve founded your own firm, you’ve handled some of the most cutting-

LD: What is the most valuable lesson you’ve learned in founding your own firm? DD: That we could do it! When we started, we really didn’t know whether it would work. Lawyers tend to be very conservative by nature, but sometimes it’s worth it to take the plunge. LD: You’re one of the few lawyers who actually get to practice with former law school classmates and friends. It sounds like fun, but how is it really? Do you think it gives the firm an edge over other law firms? DD: I do think it gives us an edge because we understand each other’s strengths and we don’t have to worry about turf or maintaining appearances. We can just focus on the work. And we can hand stuff back and forth with a lot of confidence in the final work product. LD: In your case, you not only get to practice with former classmates and friends but also your life partner. Are there any unique challenges in separating the personal and professional side of things? DD: I don’t think that we really do separate the personal and the professional. But I think it’s important for people to realize that just because we’re a couple, that doesn’t mean that we agree about ever ything, and we’re fine with that. We encourage healthy debate

edge cases in the area of intellectual proper ty and

in general and that extends to the two of us as well.

high-tech law. Is that by design or is it because you

We just have to make sure that if we do disagree, we

have companies like Google as clients?

resolve it and move on, and that’s worked pretty well.

DARALYN DURIE: We are fortunate that companies like

LD: What was your favorite class in law school?

Google have trusted us with great cases. I don’t think

DD: I was incredibly fortunate to have Mel Eisenberg

that’s really something you can design, but we were

as my contracts professor. His class made me fall in

lucky to star t working for some of these companies

love with the law. I had a seminar with Richard Post

before they were big: I handled Google’s first patent

on Hannah Arendt that was a close second.

case, when the company had two lawyers. So some

LD: Any advice for lawyers just starting their career in

pretty senior people got to know us and trust us early on.

this tough job market?

LD: What’s the most challenging case you’ve handled

DD: I think the most impor tant thing when you are

so far in your career?

star ting out is to learn to think of yourself as a pro-

DD: A meth case representing a defendant who had

fessional with clients, not an employee who works for

shown his driver’s license to buy all the relevant pre-

other lawyers. You have to own it.

cursor chemicals in the correct ratios and was then

LD: Aside from going to work with your friends, what

caught on the wiretap saying that he had 9.7 big shirts.

do you do for fun?

At least I didn’t have the guy who threw the 4 pounds

DD: We go to the theater a lot, locally as well as in

of meth into the bushes when he got pulled over. That

Ashland, New York and London. We once flew to Denver

case taught me that even when you have some really

to watch a 12-hour play called Tantalus based on the

bad facts, you still have to figure out how to do the best

story of the House of Atreus. It was awesome. I love

job that you can for your client. In that case, it was

to cook and I am also really enjoying hanging out with

moving to suppress the wiretap and then negotiating

my teenage daughter before she heads off to college

a plea that got my client out much earlier than would

in a couple of years. Browse the Lawyer Limelight se-

otherwise have been the case.

ries online at www.lawdragon.com/lawyer-limelights.


I S S U E 15






500 Thomas Nolan SKA DDE N ( LOS A N G E LES ) The firm’s West Coast litigation chair and veteran of dozens of bet-the-company cases for corporations has been kept busy with the economic-loss litigation against Toyota over unintended-acceleration complaints while also continuing to handle white-collar matters.

Eileen Nugent SKA DDE N ( N E W Y O R K ) Global co-head of Skadden’s transactions practices, Nugent has represented Endo Health Solutions on a number of acquisitions, including its most recent deals to acquire DAVA Pharmaceuticals and Paladin Labs, and ViroPharma in its $4.2B sale to Shire.

Andrew Nussbaum W A C H T E LL LIPTON ( N EW YORK) The former Rhodes Scholar has emerged as a true star of Wacthell’s elite corporate team by handling a diverse mix of M&As and other complicated transactions and financings with a special talent for forging cross-border deals.

Bill Ohlemeyer B O IE S SC H ILLE R ( A R MON K, N .Y.) The former Altria Group general counsel has earned his place as one of the nation’s most in-demand lawyers for his litigation savvy managing the most complex mass tort matters and federal multidistrict litigation.

Ronald Olson MUN G E R TOLLE S ( L OS AN G ELES ) The Google founders, Berkshire Hathaway, the Yahoo! board, Shell Oil and countless others have placed their most sensitive litigation matters in Olson’s trusted hands. And with good reason.

Ted Olson G IB SO N DUN N ( W A SH IN G TON , D.C .) The firm’s renowned appellate group co-chair and gay-marriage champion is representing the state of New Jersey in its efforts to knock down a 1992 federal law that blocks sports betting in the state.

Wayne Outten OUTTE N & G OLDE N ( NEW YORK) Outten guides the top plaintiff-side employment firm in the country and remains at the top of the legal practice dedicated to representing white-collar professionals in their most sensitive employment matters.

Keith Pagnani SULLIVA N & C R OMW E LL ( N EW YORK) The firm’s top gun in handling healthcare and life sciences M&As can negotiate deals in any industry, recently handling client Coleman Cable’s acquisition by Southwire Co.

Robin Panovka W A C H T E LL LIP T O N ( N EW YORK) Tops in the nation for REIT and real estate M&As, Panovka’s team has handled big deals for Lazard, Starwood, Silverstein Partners, Ventas, Apollo and many others while playing a role in the redevelopment of the World Trade Center site.

Louise Parent C LE A R Y G OTTLIE B ( N E W YORK) The widely respected Parent has taken her 20 years of experience as general counsel and executive VP of American Express to Cleary’s corporate governance practice.



I S S U E 15


C. Allen Parker C R A VA TH ( N E W YORK) A titan of the corporate bar, the universally respected and always affable Parker has surprised no one by excelling at the task of leading the world’s most renowned firm as Presiding Partner.

Stephanie Parker JON E S DA Y ( ATLAN TA) Among the best at defending mass tort cases, Parker is lead counsel for regular client R.J. Reynolds Tobacco Co. in the socalled “Engle progeny” litigation in Florida, scoring initial defense verdicts.

Brian Pastuszenski G O O DW IN PROC TER ( BOS TON ) It’s hard to rattle the co-chair of Goodwin Procter’s SEC enforcement and securities litigation practice, who remains busy with the full slate of post-crisis matters facing Countrywide Financial.

Diane Patrick R O P E S & G R A Y ( BOS TON ) The state’s First Lady to Gov. Deval Patrick is also the co-managing partner of the firm’s flagship Boston office, one of the city’s top employment lawyers and a passionate advocate against sexual and domestic violence.

Kathy Patrick G IB B S & B R UN S ( H OUS TON ) A powerhouse commercial litigator for many years, Patrick has been a major plaintiff-side player in the post-financial crisis era, netting billions of dollars for investors.

Lawrence Pedowitz W A C H TELL LIPTON ( N EW YORK) Major corporations, banks, law firms and executives all turn to this veteran of the white-collar bar for their complex civil cases, criminal-defense matters and internal investigations.

Thomas Perrelli JE N N E R & B L OC K ( WAS H IN G TON , D.C .) Perrelli’s time away from Jenner, to which he returned in 2012, was successful to say the least: As associate attorney general at the Justice Department, he negotiated a $25B deal with financial institutions for mortgage fraud and the creation of a $20B fund for victms of the BP oil spill.

Kathleen Peterson R OB IN S KAPLAN ( MIN N EAPOLIS ) Peterson added to her track record of multimillion-dollar results for clients by securing a $9.6M award from a North Dakota judge for the family of a dentist murdered in a conspiracy orchestrated by the victim’s father-in-law.

Carter Phillips SIDL E Y A UST IN ( WAS H IN G TON , D.C .) One of the most prolific and successful practitioners before the U.S. Supreme Court and other appellate courts in U.S. history also guides Sidley Austin as chair of the firm’s executive committee.

Layn Phillips IR E L L & MA N E L LA ( N EWPORT BEAC H , C ALIF.) One of the best neutrals anywhere, Phillips helped bring about the $765M NFL concussion settlement and is now attempting to work his magic on the NCAA concussion litigation.

I S S U E 15





PAUL SHIM IT’S A LOT MORE COMMON TO SEE AN attorney with a chemical engineering degree practicing in patent law. But Paul Shim, who received both his B.S. and M.S. in chemical engineering at the Massachusetts Institute of Technology, wound up as one of the nation’s leading dealmakers. He handles a constant stream of multibillion-dollar public and private M&A from the New York headquarters of Cleary Gottlieb Steen & Hamilton. Shim joined the firm in 1987, the same year he received his law degree from New York University School of Law, and became partner in 1996. That year, Shim led his first deal as a par tner for TPG Capital, and he has gone on to represent the firm in a large number of transactions. Shim has also represented American Express, Bank of America, Nor tel Networks and China Investment Corp. in major deals. Among his more notable recent deals, Shim represented Jeffrey Bezos’ entities in the $250-million purchase of The Washington Post. LAWDRAGON: How has your technical background benefited you as a dealmaker? PAUL SHIM: In my view, the skills set of a good transaction adviser is similar to that of a good engineer – robust analytical and problem-solving skills, a bit of creativity

entities. Could you walk us through your analytical process about structuring that deal, which some say could reinvent newspaper publishing? PS: There’s a great quote from the Disney movie “Kung Fu Panda” that I think may be apropos here – “The secret ingredient of my secret ingredient soup is … nothing”. The level of purpose, trust and integrity of the parties in the Washington Post acquisition was so high that from a deal engineering perspective, the best thing to do was to keep it simple. Indeed, the biggest challenge we faced was in keeping the stor y away from the newsroom that broke the Watergate scandal. LD: Tell us about the first deal you led on. What did you learn from it? Did you have a particular mentor? PS: The first deal I led as a partner was TPG’s acquisition of Del Monte Foods in 1996-1997. Back in those days, private equity deal lawyers covered all aspects of the transaction – M&A, leveraged finance, equity commitments, etc., so I quickly got a crash course on how to manage a large multi-disciplinary team. It was a great experience, and it taught me the importance of having strong and talented colleagues. I’ve been very lucky to have had many mentors at Clear y Gottlieb

and the ability to communicate one’s thoughts. Both

who have generously provided me with invaluable pro-

professionals take a concept and turn it into a prod-

fessional and personal guidance throughout my career.

uct or completed deal – after navigating a gauntlet of

LD: Is there something that stands out in terms of what

rules and practices and solving some problems along

your legal education at NYU Law School contributed to

the way. I also think that the intellectual rigor of an

your successful career?

engineering education provides great preparation for

PS: I met my wife at NYU Law School. She was in my

almost any career.

first year section.

LD: You have an extraordinary breadth in your practice

LD: If you could go back and counsel yourself as a

in terms of the companies you represent. Are there key

young associate, what advice would you give?

skills or an approach you bring to ever y deal?

PS: Relax – just keep doing your best and it will all

PS: One of the many great things about my firm, Cleary

work out fine.

Gottlieb, is that we do not have formal depar tments or

LD: If you weren’t practicing as a dealmaker, what

rigid practice groups. As a result, all of our M&A lawyers

would you be doing?

have diverse practices serving a variety of clients. Other

PS: I’d like to see what it’s like to be a principal, as

firms are structured differently, with M&A lawyers who

opposed to an adviser, on a deal. Or maybe star t a

specialize only in a par ticular industr y or client sector,

business of some kind.

such as private equity, energy or financial institutions.

LD: Do you have any particular interests when you’re

Each approach has its benefits and drawbacks. In my

not practicing law?

view, the cross-fer tilization that results from a more

PS: My spare time over the past few years has been

diverse practice outweighs the drawbacks, and I tr y

fully invested in being a spectator at high school

to bring the full collection of my experiences to bear

track and lacrosse events, but those days are com-

in ever y deal.

ing to an end, so I’m thinking of taking up distance

LD: One of the deals for which you were chosen for this

running again.

year’s Lawdragon 500 was the fascinating $250M pur-

Browse the Lawyer Limelight series online at www.

chase of the Washington Post by Jeffrey Bezos-related



I S S U E 15






500 Stacy Phillips P H IL LIP S LE R N E R ( LOS AN G ELES ) Phillips combines one of the best family law and divorce practices in the nation with a longtime commitment to the legal profession and improving her community.

Kit Pierson C O H E N MILST E IN ( W A SH IN G TON , D.C .) Co-chair of the firm’s antitrust practice, Pierson scored big with a $400M verdict (trebled to $1.1B) in a class action against Dow over urethane price fixing.

Regina Pisa G OODW IN P R O C TE R ( B OS TON ) The year 2014 is a historic one for Goodwin Procter as Pisa ends her remarkable 16-year tenure that witnessed her innovate leadership strategies to take the firm to new heights as a global power.

Aaron Podhurst P O DH UR ST O R SEC K ( MIAMI) Mr. Miami has earned legendary status as a plaintiffs’ lawyer with an emphasis on aviation cases while also guiding his firm to a powerhouse commercial litigation practice and devoting much of his time to a wide range of philanthropic endeavors.

Karen Popp SIDL E Y A UST IN ( W A SH ING TON , D.C .) A former federal prosecutor who also served stints as an associate White House counsel and as an attorney in the Justice Department’s Office of Legal Counsel, Popp is one of the most highly sought-after lawyers for sensitive white-collar litigation and criminal probes.

Richard Posner U. S. C OUR T OF A PPEALS FOR TH E 7 TH C IRC UIT ( C H IC AG O) It’s elementary, dear readers: Richard Posner is one of the profession’s greatest minds, rejecting sealed settlements, reflecting on judging and, oh yes, declaring Sherlock Holmes no longer subject to copyright protection.

Robert Post Y A LE L A W SC H O O L ( N E W H AV EN ) Sure, Yale may be ranked Number One, but Post deserves credit for using his position to pressure the President to fight harder to fill posts on the federal bench and for Congress to do its part with a vote.

Joseph Power P O W E R R O G E R S & SMITH ( C H IC AG O) The ever-busy plaintiffs’ attorney negotiated a $35M settlement for a brain-damaged child in a medical malpractice case while scoring a $7.25M verdict for a teacher killed by malpractice.

Patrick Premo F E N W IC K & W E ST ( MOUN TAIN V IEW, C ALIF.) Premo has applied his IP and technology litigation know-how to his work as firm pro bono chair, finding innovative ways to harness Silicon Valley talent for providing legal assistance to underserved communities.

Therese Pritchard B R Y A N C A VE ( WAS H IN G TON , D.C .) Bryan Cave’s new chair, the first female to hold the position, has long since been one of the nation’s top white-collar and securities enforcement attorneys.



I S S U E 15





STEVEN TOLL STEVEN TOLL DIDN’T KNOW MUCH about class actions when he was applying to law firms 35 years ago and got an interview with Cohen Milstein. But he was intrigued by the practice and also had an interest in the financial sector from his time at the Wharton School, so he decided to give it a shot. More than 30 years later, the 1975 Georgetown Law graduate remains hooked by what intrigued him at the outset – the idea of protecting “the little guy” against corporate fraud. In 2013, he was co-lead counsel in the case against Countr ywide over mor tgage-backed securities, which settled for $500 million, par t of a long track record of massive class-action settlements in Toll’s career. Based in the firm’s Washington, D.C., headquar ters, Toll is also firm managing par tner. In recent years, Toll also has been involved with Lolly’s Locks, which his family founded in 2012 after Toll’s wife, Lolly, lost her battle with cancer. During that struggle, Lolly and the family realized how important high-quality wigs can be throughout treatment, and also that they are too expensive for many patients. LAWDRAGON: What do you see as a key factor in your track record in long, hard-fought cases like Countrywide? STEVEN TOLL: The key factor in our firm achieving the

division of the FHLBB, bringing actions against S&L executives who were violating the agency’s rules and regulations. I then moved into the FHLBB litigation division, representing the government in cases defending the rules and regulations of the FHLBB. After a number of years, I found complex litigation to be my principal interest, especially in the financial area, given that I had a background in accounting from the Whar ton School at the University of Pennsylvania. I wanted to go into private practice and work on complex litigation matters, although I had no specific thought in mind as to what type of firm or what areas of practice I might prefer. Almost by happenstance, after writing letters to probably 100 law firms in D.C., I got an interview with Cohen Milstein who told me they did plaintiffs’ class action litigation, mostly in the area of securities and antitrust. LD: Can you tell me a little about Lolly’s Locks? ST: Lolly’s Locks was formed in loving memory of my late wife, Lolly, who lost her 15-month battle with cancer in March 2012. While she was sick, Lolly endured more than 20 chemotherapy treatments and eventually lost her hair. Lolly never let her cancer or the effects of chemotherapy keep her from living and enjoying her

landmark settlement in the Countr ywide Mor tgage-

life. She went out and bought two high-quality wigs that

Backed Securities case, and my other securities fraud

made her look and feel as close to herself as possible,

cases, stems from our persistence to continue to ag-

and went on making beautiful memories with all the

gressively litigate cases from star t to finish, leaving

people that she loved. When Lolly first went to purchase

no stones unturned, and adapting to adverse rulings

her wigs, she was stunned to learn that high-quality

we might receive during the course of a case. For

wigs can cost thousands of dollars. She was even more

instance, in the Countrywide case, the court issued a

surprised to find out that insurance typically covers

number of adverse rulings that dramatically cut back

very little, if any, of this cost.

on the scope of the case. Nevertheless, we continued

Lolly, a constant optimist, never forgot to count her

to push forward to litigate the claims, realizing that

blessings, even after she got sick. She often reflected on

someday we may need to appeal certain of the judge’s

how lucky she was to have her wigs, which she credited

rulings. We litigated the case and prepared it so that

with allowing her to fully participate in the activities

we could go to trial on the remaining claims, or at

she loved without having to feel self-conscious, and

least be in a position where defendants might consider

making it possible for her to have a sense of normalcy

resolving the claims.

at a time which was anything but. Despite the gravity

LD: How did you start getting interested in stock fraud

of her diagnosis, Lolly was sure that she was going to

cases? Was this what you were thinking of in law school?

get better, and once she did, she planned to use her

ST: I never imagined while at Georgetown Law that I

time and resources to help less fortunate women bat-

would end up being a plaintiffs’ securities class-action

tling cancer have access to high-quality wigs.

lawyer. After I graduated Georgetown, I had no specific

In 2012, our family founded Lolly’s Locks to carry out

thought in mind as to what I might do and took a job at

Lolly’s goal, and the mission of connecting high-quality

the Federal Home Loan Bank Board (FHLBB), represent-

wigs with cancer patients who could not otherwise af-

ing the government in cases brought against savings

ford them. See the full Q&A at www.lawdragon.com/

and loan executives. I worked first in the enforcement



I S S U E 15






500 Marvin Putnam O ’ME LVE N Y & MY E RS ( LOS AN G ELES ) The accomplished litigator scored one of the year’s biggest defense verdicts by winning the six-month wrongful death trial brought by the family of Michael Jackson against firm client AEG Live.

James Quarles W ILME R H A L E ( W A SHIN G TON , D.C .) An amazingly accomplished litigator over his four decades with the firm, Quarles excels in any trial or appellate setting dealing with IP issues and boasts an impressive track record before the International Trade Commission.

John Quinn Q UIN N E MA N UE L ( L OS A N G ELES ) Quinn is legendary for his stewardship of his tough-as-nails litigation firm while keeping his own roster of high-stakes litigation on both the plaintiff and defense side.

Kenneth Reilly SH OOK H A R DY ( MIA MI) The key defender for Philip Morris and Lorillard in tobacco litigation is one of the driving forces behind the firm’s outstanding reputation for defending corporations in their most challenging litigation.

Alison Ressler SUL LIVA N & C R OMW E LL ( LOS AN G ELES ) The core of the firm’s West Coast M&A presence who always has her hand in big-ticket deals, Ressler acted as special counsel to Christopher Cole and other executives in the $11.2B acquisition of Cole Real Estate Investments by American Realty Capital Properties.

Christopher Reynolds T O Y O T A MOTOR S ALES U.S .A ( TORRAN C E, C ALIF.) The general counsel of Toyota North America has excelled on the in-house team since joining from Morgan Lewis in 2007, calmly handling the hot seat that comes with high-profile litigation and defending the integrity of the company’s products.

Brian Riopelle MC G UIR E W O O DS ( R ICH MON D, V A.) A national star in intellectual property litigation, Riopelle chairs his firm’s IP practice and is the go-to lawyer for Verizon and other companies in patent-infringement matters.

Henry Rivera W ILE Y R E IN ( W A SH IN GTON , D.C .) The former FCC commissioner draws on nearly 40 years of experience in the field to advise clients on the full range of legal issues related to business transactions and compliance.

David Rivkin DE B E VO ISE & P LIMP T O N ( N EW YORK) A specialist in international litigation and arbitration, Rivkin showed his immense talents by netting a $2.3B award for Occidental Petroleum in an arbitration against the Government of Ecuador.

Darren Robbins R OB B IN S G E L LE R (S AN DIEG O) Robbins has earned accolades for years by totaling up billions of dollars in recoveries for plaintiffs in securities class actions while also successfully pushing for corporate governance reforms.



I S S U E 15


John Roberts U. S. SUP R E ME C O URT ( WAS H IN G TON , D.C .) The Chief is a pragmatic conservative who has facilited a more unified court, but one that has shredded campaign finance, sided with religion in almost every close contest, and grappled with technology, including his own blockbuster term decision in Riley that police can’t search cellphones on arrest without a warrant.

Michele Roberts N A T IO N A L B AS KETBALL PLAYERS AS S OC IATION ( WAS H IN G TON , D.C .) At Skadden, the premier trial lawyer and white-collar specialist was called on by JPMorgan to represent the company in the Federal Energy Regulatory Commission’s investigation over energy market manipulations. She was recently tapped to lead the NBPA.

Stephen Robinson SK A DDE N ( N EW YORK) The former U.S. District Judge for the Southern District of New York has handled a variety of litigation matters since joining Skadden in 2010, including class action lawsuits for clients such as Citibank, Capital One and Toyota.

Anthony Romero A C LU ( N E W YORK) A talented and dedicated lawyer who became executive director shortly before the Sept. 11 attacks, Romero has led the ACLU through one of its most successful eras with a vast range of successful public interest litigation.

Ezra Rosenberg DE C H E R T ( P R IN C ETON , N .J .) This talented defender of major corporations also devotes half his time to pro bono work, waging recent challenges to the school assignment plan in a North Caroline county and to strict voter ID provisions in Texas.

Steven Rosenblum W A C H T E LL LIPTON ( N EW YORK) Rosenblum jumped from his impressive work for Michael Dell in the massive Dell buyout to serving as one of the lead advisors on the $130B deal between Verizon Communications and Vodafone.

E. Joshua Rosenkranz O R RIC K ( N EW YORK) The chair of Orrick’s Supreme Court and appellate practice added to his impressive track record of wins at the high court and other jurisdictions, keeping his place as one of the most in-demand appellate specialists in the nation.

Marc Rotenberg G E O R G E TOW N LAW S C H OOL/ELEC TRON IC PRIV AC Y IN FORMATION C EN TER (WAS H IN G TON , D. C . ) One of the leading experts on privacy and open government law,

which he teaches at Georgetown, Rotenberg has EPIC on the forefront of advocacy related to privacy and security with legal challenges against NSA sweeps.

Paul Rowe W A C H TE L L LIP T O N ( N EW YORK) Rowe remains an essential ingredient to Wachtell’s dealmaking dominance as one of the busiest litigators in the nation for disputes arising out of M&As and other transactions.

I S S U E 15





THOMAS PERRELLI THOMAS PERRELLI MAY BE BETTER known for his forays into public ser vice than he is as a Jenner & Block par tner, but his zigzag path to the top of the legal profession has kept him “interested and happy” and given him a unique perspective that clients consider vital. The 1992 Har vard Law graduate joined Jenner & Block freshly out of law school, but left the firm in 1997 to ser ve as counsel to then U.S. Attorney General Janet Reno, rising to the position of Deputy Assistant Attorney General before returning to Jenner & Block in 2001. More recently, he was confirmed by the U.S. Senate in 2009 for the No. 3 post at the Depar tment of Justice as Associate Attorney General of the United States. He rejoined Jenner & Block in 2012. LAWDRAGON: Your career path is a bit unusual in a sense that you’ve switched more than once from private practice to public practice. How did you make those career decisions and what went into the process each time? THOMAS PERRELLI: I have tried to make choices that would make me a better lawyer and keep me interested and happy in the practice of law. But I also believe that doing a good job at the job that you have is the best

TP: I have enjoyed my time in the government, and I miss the many terrific colleagues at DOJ and other agencies. I would recommend that any lawyer consider an interesting and challenging opportunity in the public sector, whether in government or in the public interest. It has made me a better lawyer. LD: What was your favorite class in law school and why? How about a class you wish you had taken but didn’t? TP: I barely remember law school. I enjoyed classes taught by great professors, regardless of subject. LD: The legal market has changed considerably since you graduated from law school in 1991. What advice would you give new lawyers just entering the job market? TP: As I mentioned, the best way to open oppor tunities is to do a great job at the job you have. That gets noticed. When I was building my own practice, I found that offering to do work for potential clients for little or nothing was the best marketing – you could prove yourself and get new opportunities. The same is true in the tough legal market today. If there is an opportunity to take on a role where your good work can be noticed (unpaid internships, volunteer work, etc.), that can be very helpful. I also encourage young lawyers to be an

way to expand oppor tunities for the future.

active par ticipant in their own career choices – too

LD: When you went back to private practice in 2001,

many young lawyers at law firms feel powerless; I truly

you worked on copyright, media and constitutional litiga-

believe that is not the case, but it is easy to be lulled

tion, public policy and regulator y counseling. But this

into thinking that.

time around you represent businesses, governmental

LD: In addition to your high-profile government role,

entities and their leaders. Can you give us examples

you’re also famous for representing the husband of

of the matters you are handling as chair of the govern-

Terri Schiavo, in a pro bono case that really polarized

ment controversies and public policy litigation practice?

the countr y regarding issues on right to control and

TP: My goal in returning to Jenner & Block was to build

decline life-extending medical care. What made you

a practice that was as varied and interesting as the

take on that case?

work I did in government, where I oversaw all the civil

TP: To me, that case was about the government seek-

litigation of the United States. My current practice

ing to inter vene and change the law that applied to

is extraordinarily broad-based, representing clients in

everyone else for just one person. The courts ultimately

regulatory litigation against the government, defending

agreed that the same rights and rules should apply in

clients in investigations by state and federal authori-

Ms. Schiavo’s case as they would to any other citizen

ties, and counseling clients on how to avoid legal and

and that the law that the state of Florida had enacted

regulator y problems in the future. It spans traditional

violated the separation of powers.

civil litigation and white-collar investigations, as well

LD: You ser ved as managing editor of the Har vard

as antitrust, environmental, and tax work. Clients tend

Law Review during Barack Obama’s tenure as review

to hire me when they are facing multiple regulatory/

president. What was that like?

law enforcement authorities and may also be dealing

TP: I enjoyed my time on the Law Review and have many

with media and legislative inquiries.

great friends from those years. All of us knew that the

LD: Do you miss public practice at all? If so, what do

President was one of the most talented people we had

you miss the most and what would compel you to go

ever met. Browse the Lawyer Limelight series online

back to it in the future?

at www.lawdragon.com/lawyer-limelights.


I S S U E 15






500 James Roy DO ME N G E A UX W R IG H T ( LAFAYETTE, LA.) With a long history of successfully representing plaintiffs in mass tort, personal injury and maritime cases, Roy was a logical choice to serve in leadership positions in the BP oil spill litigation in Louisiana.

Charles Ruck L A T H A M & W A T K IN S ( COS TA MES A, C ALIF.) A renowned specialist in blockbuster deals, Ruck represented Actavis in the $25B purchase of Forest Laboratories, a major combination in the pharmaceutical industry.

Miles Ruthberg LA T H A M & W A T K IN S ( N EW YORK) A true standout on Latham’s impressive litigation team, Ruthberg is a master at defending companies in complex cases and has defeated claims totaling more than $3B for clients in recent years.

Antony Ryan C R A VA TH ( N E W Y O R K ) Successfully defending Deloitte and PwC in securities and professional liability litigation and setting industry-wide precedents in the process, Ryan has become a “Big Four” favorite when it comes to high-stakes cases.

Faiza Saeed C R A VA TH ( N E W Y O R K ) Co-head of Cravath’s M&A group and top dealmaker, Saeed is advising longstanding client Time Warner in its response to the unsolicited takeover bid by Fox and recently represented the independent directors of KKR & Co. in KKR’s acquisition of KKR Financial Holdings for $2.6B.

Kelli Sager DA VIS W R IG H T ( L OS A N G E LES ) Sager remains one of the most trusted lawyers for news outlets, TV broadcasters, movie studios, game developers and publishers in print and online, handling First Amendment, IP and internet law matters and almost everything in between.

Thomas Sager DUP ON T ( W IL MIN G T O N ) General counsel since 2008, Sager has spent his entire career with DuPont’s legal team and has earned legendary status for his innovative management of the corporate giant’s diverse legal affairs.

Susan Saltzstein SKA DDE N ( N E W Y ORK) Saltzstein has emerged as an elite lawyer who is sought out by major financial institutions and corporations for high-stakes securities and commercial litigation, with remarkable work for clients such as UniCredit S.p.A., JPMorgan, American Express, RBS and many others.

Gloria Santona MC DO N A L D’S ( OA K BROOK, ILL.) Santona has helped transform and strengthen the iconic company that feeds 69M people a day, earning in-house legendary status for a long career of service since joining the company in the 1970s and becoming general counsel in 2001.

John Savarese W A C H T E LL LIP T O N ( NEW YORK) The firm’s major role in defending institutions and individuals in civil cases and criminal investigations tied to the financial crisis has been largely on the shoulders of this award-winning former prosecutor.



I S S U E 15


William Savitt W A C H T E LL LIP T O N ( N EW YORK) A star player in Delaware and in other jurisdictions, Wachtell’s litigation co-chair deftly handles a wide range of cases arising from M&As and corporate governance issues, such as when he convinced the Delaware Supreme Court to overturn an injunction blocking Activision Blizzard’s $8.2B stock buyback.

Antonin Scalia U. S. SUP R E ME C OURT ( WAS H IN G TON , D.C .) Scalia makes no effort to hide his beliefs, has served with distinction and last term authored more opinions than any other on such issues as whether ‘donning and doffing’ uniforms is compensable under the FLSA. Too acerbic to unite the larger court, he’s inspired major shifts toward corporations and religion as the court’s longest-serving Justice.

Reid Schar JE N N E R & B LOC K ( C H I C AG O) The Christie administration has its hands full with Jenner’s white-collar defense and investigations chair, who is special counsel to the New Jersey joint legislative committee investigating the “Bridgegate” decision to close George Washington Bridge lanes.

Jonathan Schiller B O IE S SC HILLER ( N EW YORK) The international arbitration and litigation whiz behind Boies Schiller’s London expansion continues his mastery stateside, successfully defending Goldman Sachs against $300M in claims brought by Marvell Technology Group.

Allison Schneirov SKA DDE N (N EW YORK) Private equity group co-head Schneirov has handled a wide array of multibillion-dollar deals in recent years, including advising Permira Funds on its $1.1B acquisition of Atrium Innovations and its $1.1 billion acquisition of Renaissance Learning.

Paul Schnell SK A DDE N ( N E W Y O RK) Schnell leads Skadden’s Latin America practice and has extensive experience advising on cross-border transactions. Recent work includes advising Pfizer in multiple deals, as well as Jos. A. Banks in its acquisition by Men’s Wearhouse and Joh. A. Benckiser Group in the combination of the coffee businesses of D.E. Master Blenders and Mondelez International.

Rodd Schreiber SK A DDE N ( C H IC AG O) Co-head of Skadden’s corporate practice in Chicago, Schreiber represented Hillshire Brands in its proposed acquisition of Pinnacle Foods and in Hillshire’s subsequent acquisition by Tyson Foods. Recent work also includes advising Inland American Real Estate Trust in its sale of assets to AR Capital and longtime client CME Group in its acquisition of Trayport and FENICS.

Steven Schulman A KIN G UMP ( WAS H IN G TON , D.C .) He has taken Akin Gump’s pro bono practice to new heights – with an average of nearly 90 hours per lawyer – with achievements for military personnel, immigrants and in human rights issues generally.

I S S U E 15




500 Robert Schumer P A UL W E ISS ( N E W YORK) The firm’s corporate department chair continued to add to his track record of massive deals, representing Time Warner Cable in its planned $45B merger with Comcast Corp.

Ronald Schutz R O B IN S K A P LA N ( MI N N EAPOLIS ) The firm’s national intellectual property and technology litigation group has been in great hands with Schutz, who has a long history of achieving large verdicts and settlements for his clients.

Peter Schuur DE B E VOISE & P L IMP T O N ( N EW YORK) An invaluable asset at Debevoise, Schurr provides U.S. and international tax advice to the many M&As and fund-formation deals handled by the firm.

Christian Searcy SE A R C Y DE N N E Y ( WES T PALM BEAC H ) This fierce litigator is as admired for his commitment to numerous philanthropic endeavors as he is for his remarkable 40-year career representing injured plaintiffs and their families.

Christopher Seeger SE E G E R W E IS S ( N EW YORK) Seeger has proven himself to be one of the strongest national forces of the plaintiffs’ bar after years of scoring billions of dollars from the pharmaceutical industry and taking lead roles on the Chinese drywall and NFL concussion litigations.

David Segre W ILSO N SO N SIN I ( P A L O ALTO) The former Lehman Brothers investment banker is now the go-to lawyer for venture capitalists and tech titans, including Google, which he helped take public and now advises in strategic investments and acquisitions.

Philippe Selendy Q UIN N E MA N UE L ( N EW YORK) The chair of the firm’s securities and structured finance practice was tapped by the Federal Housing Finance Agency to pursue litigation against Wall Street banks over RMBS and has recovered more than $16B so far.

Joseph Sellers C O H E N MILST E IN ( W A S H IN G TON , D.C .) Sellers leads one of the top plaintiff-side employment practices, which is continuing its fight for female Wal-Mart employees and has taken on the wage claims of McDonald’s workers.

Mark Selwyn W IL ME R H A L E ( P A LO A L TO) The anchor of WilmerHale’s Palo Alto practice and co-chair of the firm’s IP litigation group, Selwyn has skillfully managed Apple’s worldwide smartphone war with Samsung by coordinating local counsel in 10 countries on four continents.

Bruce Sewell A P P LE ( C UP E R T IN O, C A LIF.) There are few more capable or steady than this former Intel in-house leader for the task of overseeing the biggest technology wars in a decade.



I S S U E 15





PHILIPPE SELENDY AS LEAD COUNSEL FOR THE FEDERAL Housing Finance Agency in its landmark RMBS litigation against major Wall Street banks, including Bank of America, JPMorgan, Deutsche Bank, and others, Philippe Selendy and his team at Quinn Emanuel have settled twelve cases and recovered more than $16 billion in cash payments for the American taxpayer. The huge and highly publicized wins cap a long string of successes in complex financial litigation for Selendy and the firm. LAWDRAGON: You’ve made a name for yourself in these highly complex cases involving some of the most sophisticated financial products such as RMBS-related litigation. How did you educate yourself the first time? PHILIPPE SELENDY: What I like about these cases is the interplay of litigation strategy, theor y and mathematics, transaction structures, and economics. For me, the RMBS cases had key antecedents in CDO cases and a string of prior financial cases, going back to an accrual-swap case I handled nearly twenty years ago. It is a continual process of education. Acronyms aside, however, the nature of this litigation is not fundamentally different from other complex litigation: once you

regard potential litigation claims as assets that should be developed like other assets, with long-duration riskoptimized strategies that consider relative costs and benefits at every step. We are committed to handling cases through trial, and, if requested, to risking our own firm capital along the way. As for FHFA, we proposed a promising litigation path that I believe resonated with FHFA’s core mission to conserve the assets of Fannie Mae and Freddie Mac for American taxpayers. LD: What’s the biggest challenge litigating against the world’s largest financial institutions? PS: The defendants’ inexhaustible resources, acting over time to pressure both Congress and the courts, have gradually reshaped both substantive and procedural law to create roadblocks against private civil actions, even for clearly meritorious claims. Regulators can be overwhelmed; the financial products and related issues of disclosure and valuation can be very complex; and there are definite asymmetries of access to information that hinder claims development. The greatest challenge is simply to ensure that there is a level playing field. LD: Are we at all near the end of the litigation wave brought on by the financial crisis? Where do you see

learn the language and the field, it all turns on the

areas of growth in the litigation market?

classic litigator’s ar t.

PS: If transparency of information and the integrity of

LD: As you handle more of these cases, have you devel-

financial institutions are essential to stable markets,

oped an approach to litigating them or is each unique?

then we know that both volatility and litigation are

PS: We do have internal best practices to litigate

here for the foreseeable future. I do not believe that

common types of structured finance cases. These in-

the structural flaws giving rise to the latest financial

clude deep pre-suit due diligence into facts and claims,

crisis have been remedied, or that sufficient resources

statistical or model-driven testing of wrongdoing by

have been allocated to our regulators. At a macro-level,

defendants, close collaboration with clients to under-

therefore, I expect to see fur ther private litigation

stand products and markets, and a deliberate invest-

in areas where there are concentrations of capital,

ment into specialized transaction exper tise by our

transactional or structural complexity, and problems

generalist litigators. But each case ultimately has

with access to data.

to be assessed on its own, and our final strategy will

LD: When you were in law school did you think you’d

be highly case-specific. As a trial firm, we also build

be focusing in this area? Or did you have something

our cases from inception with the object of reaching

else in mind?

trial on the merits; among other vir tues, this tends to

PS: I had hoped to develop tools and talents that would

maximize settlement leverage.

allow a pragmatic pursuit of worthwhile ends, knowing

LD: Several litigation firms have really tried to mine

it can be hard to put ideals into practice. The FHFA

this niche of being able to litigate against banks and

cases have presented a very happy combination of public

yet Quinn Emmanuel appears to have truly cornered

good and private practice, and I am looking for others.

this market. How do you manage to keep getting major

LD: What’s the best advice you’ve ever received from

cases against big banks and how did you land the lead

a fellow lawyer?

counsel role in the FHFA cases?

PS: Do what you love.

PS: Our approach is perhaps uniquely aligned with that

Browse the Lawyer Limelight series online at www.

of the institutional investors who drive this litigation. We



I S S U E 15






500 Karen Patton Seymour


brought her experience as criminal division chief at the U.S. Attorney’s Office in Manhattan to bear for clients facing civil and criminal proceedings related to violations of securities, antitrust, FCPA, money-laundering and other laws.

Kannon Shanmugam W ILLIA M S & C ON N OLLY ( WAS H IN G TON , D.C .) The sparkling head of Williams & Connolly’s Supreme Court practice has given 14 high-court arguments – breaking the firm record held by the legendary Edward Bennett Williams – and won a rare reversal for a criminal defendant in Bailey v. U.S. involving the execution of a search warrant.

Gerald Shargel W IN STON & STR A W N ( N EW YORK) Going to BigLaw instead of running his own ship has worked out great for Shargel, who can simply spend more of his time being the best criminal defense lawyer on the planet – while still keeping his hand in local scandals, such as his defense of New York State Senator Malcolm Smith, facing corruption charges.

Joseph Shenker SUL LIVA N & C R OMWELL ( N EW YORK) Shenker is at the height of an impressive career in which he assembled a diverse corporate practice for the firm’s most important institutional and individual clients while steadily rising to the top leadership position of one of the world’s best law firms, which he has chaired since 2010.

Leopold Sher SH E R G A R N E R ( N E W O R LEAN S ) Sher co-manages one of the region’s most acclaimed firms and remains at the top of his game for all manner of legal matters tied to commercial real estate.

Jonathan Sherman B O IE S SC H ILLER ( WAS H IN G TON , D.C .) The nimble advocate has a sharp legal mind that can handle any task thrown his way, from bet-the-company international disputes for financial institutions to First Amendment-related representation for a range of clients.

Paul Shim C LE A R Y G OTTLIE B ( N E W Y O R K) A standout in Cleary’s talented M&A crop, Shim represented Jeffrey Bezos’ entities in the $250M purchase of The Washington Post.

Roman Silberfeld R OB IN S KA P LA N ( LOS AN G ELES ) The 9th U.S. Circuit Court of Appeals declined to rehear its earlier decision to uphold the $320M verdict that Silberfeld – one of the nation’s best trial lawyers – won for Celador International in the high-profile “Who Wants to Be a Millionaire?” case.

Gerald Silk B E R N STE IN LITOW IT Z ( N E W YORK) Leader of the firm’s case evaluation team, Silk has been instrumental in the recovery of almost $6B in cases stemming from the subprime crisis, and is currently prosecuting the high-profile securities litigation against General Motors.



I S S U E 15


Stuart Singer B O IE S SC H IL LE R ( FORT LAUDERDALE) The Florida stalwart has balanced handling the most important litigation needs for clients like Office Depot, Carnival Corp. and Fidelity while pushing for Medicaid improvements for the state’s children.

Paul Singerman B E R G E R SIN G ERMAN ( MIAMI) Singerman combines visionary leadership of his highly regarded Florida firm with one of the best reorganization practices in the country.

Pankaj Sinha SK A DDE N ( W A SH IN G TON , D.C .) Sinha leads the firm’s Washington, D.C.-based M&A practice and has extensive experience advising on transactions for energy-related and pharmaceutical companies, with major deals for companies like Duke Energy, Entergy Corp., Mylan Laboratories, AES Corp., and Allegheny Energy.

Rachel Skaistis C R A VA TH ( N E W YORK) The go-to for boards of directors and management in crucial government and internal investigations as well as shareholder actions, Skaistis has represented the likes of Qualcomm, Bank of New York Mellon, General Electric, Novartis, Xerox and Time Warner, to name a small sampling.

Daniel Slifkin C R A VA T H ( N E W YORK) One of the leaders of the defense bar in the residential mortgage-backed securities cases, Slifkin guided WaMu to an extremely favorable $26M settlement in a class action originally seeking $558M and continues to beat back many claims for JPMorgan.

Bradford Smith MIC R O SOF T ( R EDMON D, WAS H .) Smith always has a number of interesting legal matters on his plate as the giant’s GC, not least of all now given his proactive stance on enhancing encryption and legal protections and consumer data from NSA creep.

Amy Solomon G IR A R DI & K E E SE ( LOS AN G ELES ) A key reason why Girardi & Keese will remain a powerful force for injured plaintiffs for many years to come, Solomon has also worked with the Inner City Law Center to help the area’s homeless female veterans.

Larry Sonsini W IL SO N SO N SIN I ( PALO ALTO) An unrivaled innovator as both a lawyer and law firm leader, Sonsini is still the straw that stirs the drink that keeps his iconic firm at the forefront of providing legal services to an array of high-tech clients constantly reshaping the world.

Sonia Sotomayor U. S. SUP R EME C OURT ( WAS H IN G TON , D.C .) Among her recent accomplishments, the longtime jurist wrote “My Beloved World” to great acclaim; helped her colleagues understand that yes, drug dealers may have two cell phones, but so do government lawyers & many others; and struck fear in the heart of respondents who see her name as author, as seven of the eight cases for which she wrote the majority were being vacated or reversed and remanded.

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Shanin Specter KLIN E & SP E C TER ( PH ILADELPH IA) Specter added to his uncommonly long list of multimillion-dollar verdicts and settlements with a $19M settlement in a newborn brain-injury case and another $30M settlement for a child injured by the misuse of anesthesia during a procedure.

Richard Stark C R A VA TH ( N E W Y ORK) With deft movement across practice areas and industries, Stark is handling Credit Suisse’s residential mortgage-backed securities cases nationwide and recently prevailed for IBM in an antitrust case brought by a computer reseller in Florida federal court.

Myron Steele P O T T E R A N DE R SON ( WILMIN G TON ) Potter Anderson won the sweepstakes by adding to its already powerful corporate practice with Steele, one of the nation’s most respected jurists for his work as Chief Justice of the Delaware Supreme Court and before that as a Vice Chancellor on the Court of Chancery.

Bryan Stevenson E Q UA L JUSTIC E IN ITIATIV E ( MON TG OMERY, ALA.) As executive director of the acclaimed nonprofit, Stevenson has been one of the most powerful advocates for children, poor people and minorities caught up in the criminal justice system.

David Stickney B E R N STE IN LITOWITZ ( S AN DIEG O ) Stickney continues to lead the prosecution of major cases across the country; recent recoveries include $615M for investors in Lehman Brothers and more than $1B from Wall Street banks arising from their sales of mortgage-backed securities.

Geoffrey Stone UN IVE R SIT Y O F C H IC AG O LAW S C H OOL ( C H IC AG O) The longtime faculty member and civil libertarian has guided much of the debate over the legality of surveillance activities, helping to present a balanced if skeptical view of the NSA after his service on President Obama’s review panel on the subject.

Christina Storm LA W Y E R S W IT H OUT BORDERS ( N EW H AV EN ) The Byrne & Storm name partner and LWOB founder has done more than any other lawyer to organize volunteers for rule-of-law and other capacity-building initiatives in areas around the globe, from Uganda to Haiti and beyond.

Colin Stretch F A C E B O O K ( ME N L O PARK, C ALIF.) Stretch’s work as deputy general counsel convinced the social media monster he was the right lawyer to take over for Ted Ullyot and manage the vast array of complex legal issues facing the company, including its tricky relationship with the NSA.

Leo Strine DE L A W A R E SUP R E ME C O URT ( WILMIN G TON ) His 15 years on Chancery Court – three as Chancellor – honed Leo Strine into the nation’s leading light in corporate governance litigation. No wonder he was tapped as Delaware Chief Justice, replacing the much-admired Myron Steele.


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FRANK DARRAS FRANK DARRAS HAS LONG BEEN KNOWN as the top disability lawyer in the countr y, having devoted his career to helping sick, injured and elderly policyholders – whether blue-collar workers or corporate executives – take on the insurance companies. Recently, Darras has added a new type of client focus with amateur and professional athletes. As a former student athlete, Darras was personally affected by injury, losing the sensation in his fingertips after an industrial accident, which cost him a Big 10 football scholarship. He had to put himself through college and law school instead, taking on odd jobs, an experience that has shaped his legal career since. Today, DarrasLaw, has become one of the most vocal and strongest advocates for athletes in the country. LAWDRAGON: How is representing athletes different than representing truckers, dockworkers and bluecollar workers? FRANK DARRAS: We do a tremendous amount of consulting and representation of professional athletes in the disability context. For the high round draft eligible athlete, we recommend they have draft slot protection because falling out of the first couple of rounds of the

are talking about what you’ll earn when you sign make sure you have real protection in place if your career is cut short by injury or sickness. Too many times I hear, “Frank, I had no idea. I left that to my people or my handlers.” Don’t let a career ending injury push you to the sidelines without a policy that truly protects you and all you worked for, in place. LD: How has your practice changed over the years? FD: Twenty five years ago there were several hundred different insurance companies actively competing for the individual and long-term disability billion-dollar premium pie. Policies were chock full of tremendous features, advantages, generous language and extraordinary benefits. Carriers were insuring 70 percent of an individual’s annual earnings that included bonuses, overtime, commission and even full pension contributions. Occupation-specific coverage that paid a rich monthly benefit, even if the insured could do other gainful work was the norm. Those overly generous policies had no limitations for mental-nervous conditions and would often pay for the lifetime of the insured for an accident or sickness. By 2000, carriers were getting crushed, insureds became disabled and unfortunately

draft could cost them millions in signing bonuses, sal-

for the industry, these contracts were non-cancellable.

ar y and endorsements. We also strongly recommend

Litigation swamped the system as insurance companies

college and pro athletes have bulletproof career ending

looked for a way to bail out.

disability coverage so if they get sick or injured they

The hardest change, however, has been the applica-

can replace their career potential earnings with a lump

tion of the Employment Retirement Income Security

sum from their disability insurer.

Act (ERISA) to long-term disability. The rule applied

Aside from the dollars at stake, representing profes-

to group long-term disability unless you worked for the

sional athletes or my truckers and dockworkers is all

government, a school or a church. ERISA eliminated

ver y similar. When you strip away the money, everyone

ever yone’s 7th Amendment right to a trial by jur y;

needs a zealous advocate that believes their restric-

eliminated emotional distress and extra-contractual

tions and limitations are real, that the treatment they

damages; precluded discovery except for the produc-

received was the ver y best they could afford and de-

tion of the “administrative record” which included

spite giving it all they had, they were unable to return

what the carrier gathered before denial and what the

to work. We bring in the same experts in a $1,000 a

insured submitted before the appeal of the denial was

month case as we do in a million dollar a month case.

upheld. The standard of review also changed from a

The industry knows when we represent a modest earner

preponderance of the evidence to a more onerous, arbi-

they can’t snuff out the smaller damage cases by try-

trary and capricious review, making winning disability

ing to outspend us. Carriers also know we have the

cases even more difficult. The mix of cases today has

best seat in America when it comes to picking who we

shifted away from the avalanche of punitive damage

want to represent, so for me it has always been about

verdicts in the 2000’s while the volume and number

representing great people and never about the money.

of ERISA denials has skyrocketed. Policyholders still

LD: What’s the best advice you can give athletes?

have no real understanding of how ERISA works and

FD: My best advice to up-and-coming athletes when it

today fatal mistakes are often made before they reach

comes to disability insurance is to make sure you really

a terrific disability attorney. See the full Q&A at www.

know you’re protected. When your advisor and agent



I S S U E 15






500 Diane Sullivan W E IL G OTSH A L ( P R IN C ETON , N .J .) Sullivan’s victories for a wide range of clients like ESPN, Philip Morris USA and AstraZeneca have added to her already stellar reputation as one of the most feared trial lawyers in the nation.

Kathleen Sullivan Q UIN N E MA N U EL ( N EW YORK) A noted constitutional scholar and chair of Quinn’s appellate practice, Sullivan continued to rack up the victories including Kiobel v. Royal Dutch Petroleum, in which the Supreme Court ruled that the presumption against extraterritoriality applies to claims under the Alien Tort Statute.

Steven Sunshine SKA DDE N ( W A SHIN G TON , D.C .) The leader of Skadden’s global antitrust and competition group has guided companies through some of this year’s biggest mergers while also representing clients in litigation and investigations involving alleged anti-competitive conduct.

Cass Sunstein H A R VA R D LA W SC H O O L ( C AMBRIDG E, MAS S .) The noted law professor served as administrator of the White House Office of Information and Regulatory Affairs from 2009 to 2012 and was tapped for the review group that issued reform recommendations for the intelligence communities related to the NSA’s surveillance policies.

Steve Susman SUSMA N G ODF R E Y ( H OUS TON ) The crafty and affable veteran has remained among the most admired trial lawyers by adding to his immense record of case work while promoting improvements in the civil justice system.

John Tarantino A DL E R P OLLOC K ( PROV IDEN C E) The accomplished and diversely talented litigator remains the go-to lawyer in Rhode Island – and often beyond – for individuals and companies caught up in criminal investigations and complex civil cases.

Clarence Thomas U. S. SUP R E ME COURT ( WAS H IN G TON , D.C .) Jump back Jeff Toobin! The famed writer characterized Thomas’ eight years of silence as ‘disgraceful’; however last term he wrote more opinions than any other justice and this term penned six that were 9-0, and a 5-4 decision upholding police powers following an anonymous tip. Maybe he’s a writer, not a fighter.

Mary Ann Todd

MUN G E R T O L LE S ( LOS AN G ELES ) Todd is a big reason why Munger Tolles’ starring role in many of the world’s biggest transactions will continue for the

next generation for Berkshire Hathway and other major corporate clients.

Steven Toll C OH E N MIL ST E IN ( W A SH IN G TON , D.C .) Toll added to his long track record of success in securities litigation by serving as co-lead counsel in the mortgage-backed securities case against Countrywide, which settled for $500M.

Robert Townsend C R A VA TH ( N E W YORK) Townsend, the M&A group’s esteemed cohead, handled client Johnson & Johnson’s $4B sale of its Ortho-Clinical Diagnostics business to The Carlyle Group and Lender Processing Services’ $4.3B sale to Fidelity National Financial.



I S S U E 15




500 Jonathan Turley G E OR G E W A SH IN G TON LAW S C H OOL ( WAS H IN G TON , D.C .) The popular legal scholar and insightful commentator has also kept a busy practice with a fascinating range of cases, including his successful eight-year representation of Dr. Sami Al-Arian.

Jose Valera MA Y E R B R O W N ( H O USTON ) The co-head of Mayer Brown’s prominent oil and gas practice has a reputation for excellence with decades of work leading complex transactions and projects in the U.S. and around the globe.

Anton Valukas JE N N E R & B L OC K ( CH IC AG O) Valukas remains one of the most trusted advisors to companies, including GM, who tapped the former Lehman examiner to lead an internal probe of ignition-switch failures.

Robert Van Nest

KE K E R VA N N E ST ( S AN FRAN C IS C O) Van Nest’s historic defense of Google against an estimated $6B in patent-infringement claims by Oracle is part of a

long and ongoing string of successes for Google, Intel, American Honda, Broadcom, Medtronic and many others.

Christine Varney C R A VA TH ( N E W YORK) The former head of the Justice Department’s antitrust division, Varney is now Chair of Cravath’s Antitrust practice and plays a strategic role in helping the world’s most impressive client list complete complex business transactions.

Donald Verrilli SO L IC IT O R G E N E R A L , U.S . DEPARTMEN T OF J US TIC E ( WAS H IN G TON , D.C .) Hard to imagine a more powerful lawyer than Verrilli, the voice of the Obama administration at SCOTUS (where he won on EPA, though lost on recess appointments and contraception coverage) and international affairs, including the release of memos on the killing of Anwar al-Awlaki, foreign financing of terrorism and NSA spying.

D. Jean Veta C OVIN G TON & B UR L IN G ( WAS H IN G TON , D.C .) Veta is on the short-list for financial institutions and individuals caught up in complex regulatory matters and investigations.

Nancy Victory W ILE Y R E IN ( W A SH IN G TON , D.C .) Victory’s impact on the communications industry is vast, including regulatory guidance for deals worth a total of $165B over the course of 2013.

Angela Vigil B A K E R & MC KE N Z IE ( MIAMI) Vigil is an inspiration as head of her firm’s pro bono program, making great strides in children’s and civil rights and earning praise for a homeless youth handbook created by the pro bono team and Starbucks.

Paul Vizcarrondo W A C H TE L L LIP T ON ( N EW YORK) The veteran litigator and former federal prosecutor helped Goldman Sachs beat back claims brought by the founders of speech-software company Dragon Systems after the company that purchased it for $580M collapsed.



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JOAN LUKEY IT WOULD NOT BE AN EXAGGERATION TO call Joan Lukey the doyenne of the Boston Bar, and she has few equals in the U.S. in experience in big jur y cases. A past president of the American College of Trial Lawyers, and the first woman to hold the position, she spent nearly 30 years as a partner at WilmerHale before joining Ropes & Gray in 2008. Her victory for Patricia Cornwell before a jury last year, with a $50.9M judgment against the firm that managed the author’s finances, was one of the most high-profile trials of 2013. (The 1974 Boston Law School graduate may have to do it again, now that the presiding judge on the case granted a motion for a retrial.) LAWDRAGON: What were your goals when you first set out to become a lawyer and so far have you gotten what you wished for? JOAN LUKEY: Interestingly, when I first star ted out, I knew I wanted to be a trial lawyer. In fact, I never had the goal in mind of simply being a lawyer. I always wanted to be a trial lawyer. In that sense, cer tainly, I’ve satisfied my goals and been ver y pleased with my career. Somewhere along the line, I developed the realization that I would like to have a period in

was representing the computer company. We needed to take depositions in the Far East and spent two weeks over there. I brought my daughter and someone along as a nanny to take care of her and Margie actually ended up taking care of Heather a couple of times on the trip so I could go sightseeing. We became very close friends and then as she moved on in the world, when she was general counsel at Harvard, she broke all tradition and hired me to represent the law school in a piece of tenure litigation. I did not go to Harvard, that’s the breaking of tradition part – I went to Boston College. She was always ver y supportive of my career and the friendship grew and she remains to this day a very close friend and has been a wonderful role model, even though she’s only a few years older than I am. I would also cite Jack Cur tin, who died within the last few months. He’s former President of the ABA, but started his Bar Association career with the Boston Bar Association where he was president and was one of the people who persuaded me that it was impor tant to be part of the association. I became one of his successors as president and he just generally taught me

public ser vice … and it never happened. You know,

about the impor tance of giving back, so he meant a

oppor tunities were presented to me to be a judge, or

whole lot to my career, as well.

to take appointments as counsel to various legislative

I think those are the two people I would cite. Obvi-

committees and they always seemed to come at the

ously, within the firm in which I grew up, Hale and Dorr,

wrong time in my life.

I had fabulous mentors, like Jim St. Clair and Owen Todd,

The other day I was looking back, cleaning out some

who professionally were very important to my career,

files, and I found a letter from many years ago from

much in the way that Jack and Margie were important

Deval Patrick, who is now the governor of Massachu-

in the areas beyond the pure practice of law.

setts, and he was then chairing the judicial nominating

LD: Regarding the Patricia Cornwell case, are there

committee. He wrote me a letter saying “I really wish

particular challenges in representing at trial someone

that you would reconsider in telling us that this isn’t

who is rich and famous?

the time for you to become a judge, because someday

JL: Sure, because you always have the concern that

you’re going to look back and say ‘Oh, wait a minute,

jurors, who are drawn from the broad base of the com-

I let the time go by,’” and in essence, he’s right. I

munity, are unlikely to be rich and famous themselves.

don’t think that being a judge was the answer for me,

Very few of us are, so if you are rich and famous, you

but I wish I had taken time out to do some period in

seem to get out of jury duty. Whenever you’re defend-

public ser vice.

ing or representing as a plaintiff somebody who is very

LD: Along the way, who in the legal profession would

wealthy and is a celebrity, you know that there will be

you say had strong influences on you and why?

a certain level of backlash to that, a certain level of

JL: There are so many people, but I guess there are a few

resentment that’s possible, at least if you’re outside

who stood out for me. One is our retired Chief Justice

of L.A. So, in a state like Massachusetts, I was very

Margaret Marshall. She and I actually became friends

concerned about it. I thought that the defense lawyers

while we were adversaries when she was in private

did an extremely good job at what they were trying to do.

practice and I was representing a Hong Kong-based

Browse the Lawyer Limelight series online at www.

distributor of a par ticular computer product and she



I S S U E 15






500 Cynthia Vreeland W IL ME R H A L E ( BOS TON ) One of the key figures in WilmerHale’s deep bench and overall excellence in IP litigation, Vreeland excels in complex patent and trade secrets cases for a diverse mix of clients like Rackspace, Facebook, Broadcom, Medtronic, EMC and many others.

Mary Kay Vyskocil SIMP SON T HAC H ER ( N EW YORK) This stalwart of the Simpson Thacher litigation team remains one of the most trusted by insurers and financial institutions for their most complex and important disputes.

Wanji Walcott A ME R IC A N E X P R E SS ( N EW YORK) The managing counsel is renowned for her talent at advising the company on the technology side of M&As and other legal matters while also showing a deep commitment to pro bono work and diversity.

Helgi Walker G IB SON DUN N ( W A SH IN G TON , D.C .) Gibson Dunn could not have scored bigger in the telecommunications field when acquiring Walker, who in a case for client Verizon convinced the D.C. appellate circuit to vacate the FCC’s net-neutrality rules.

Kent Walker G OOG LE ( MOUN T A IN VIEW, C ALIF.) A former deputy general counsel of eBay Inc., Walker keeps his vast legal team ahead of the curve on a staggering array of issues faced by the search giant around the globe.

Al Wallis

B R O W N R UDN IC K ( B O STON ) This dedicated advocate has helped Brown

Rudnick do a world of good as executive director of the firm’s Center for the Public Interest and its Charitable Foundation Corp.

Reggie Walton U. S. DISTR IC T C OUR T FOR TH E DIS TRIC T OF C OLUMBIA ( WAS H IN G TON , D .C.) The D.C. District Court Judge brought a measure of skepticism to his term as CJ of

Foreign Intelligence Surveillance Court regarding the legality of NSA wiretaps.

David Watson G OODW IN P R O C TE R ( BOS TON ) The chair of the firm’s private investment funds practice at Goodwin Procter is among the best at fund formation, heading up work for clients like Advent International.

Seth Waxman W ILME R H A L E ( W A SH IN G TON , D.C .) The unstoppable Waxman drives one of the busiest and most successful Supreme Court practices, himself notching two more victories – one for Pom Wonderful in its false-advertising dispute with Coca-Cola and the other for a mentally disabled defendant who had faced the death penalty for scoring a point above Florida’s IQ minimum to be death-eligible.



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Dan Webb W IN ST O N & ST R A W N ( CH IC AG O) A legendary figure in Chicago and elsewhere for his stewardship of Winston & Strawn and decades of success as a trial lawyer in complex civil and criminal cases, Webb also earned praise for his work as special prosecutor in the death of David Koschman, who was killed from a punch by the nephew of then-mayor Richard M. Daley.

Perrie Weiner DLA ( LOS A N G E LES ) This practice leader can do it all for clients caught up in securities litigation, SEC and FINRA enforcement matters, criminal investigations, consumer class actions and complex business disputes.

Theodore Wells P A UL W E ISS ( NEW YORK) The Miami Dolphins called on Wells, one of the nation’s most talented and in-demand litigators for high-stakes cases, to investigate and issue a report regarding alleged harassment within the Miami Dolphins locker room.

Tony West U. S. DE P A R T ME N T O F JUS TIC E ( WAS H IN G TON , D.C .) Kicking ass and naming names: The associate attorney general has secured more than $20B in historic civil settlements from JPMorgan, Citibank and others, while securing criminal pleas from BNP & Credit Suisse and prosecuting more than 37,000 individuals for white-collar crime.

James Westra A DVE N T IN TE R N ATION AL ( BOS TON ) Advent lucked out when veteran dealmaker and head of Weil Gotshal’s top-notch private equity group took his talents in-house in 2011 to serve as chief legal officer to head up deal structuring and other legal matters.

William Whelan C R A VA TH ( N E W YORK) A master dealmaker for underwriters and purchasers, the leader of Cravath’s securities practice represented Credit Suisse in the arrangement of committed financing for the $13B acquisition of Biomet by Zimmer Holdings in one of his many recent transactions.

John White C R A VA T H ( N E W Y OR K) No two ways about it, the former director of the SEC’s Division for Corporation Finance is simply the best when it comes to providing financial reporting, disclosure and corporate governance advice; his impact on public company reporting requirements is felt far and wide.

Mary Jo White SE C ( W A SH IN G T ON , D.C .) The jury’s still out on whether the former prosecutor will make her mark as a regulator-in-chief after her highly successful stint in private practice defending Wall Street, though her talent and fortitude are readily apparent.

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K. Craig Wildfang R O B IN S K APLAN ( MIN N EAPOLIS ) Wildfang’s work for merchants in the historic $7.25B settlement with major credit card companies and banks followed a long history of success in the civil antitrust field in both the private sector and the government.

Beth Wilkinson P A UL W E ISS ( WAS H IN G TON , D.C .) One of Paul Weiss’ all-star litigators, Wilkinson moved from her work for the FTC on the Google antitrust probe to winning a jury trial for an internet entrepreneur and obtaining a dismissal for Pfizer of a massive securities class action just weeks before that trial was set to begin.

Gregory Williams R IC H A R DS LAYTON ( WILMIN G TON ) Companies and their boards and officers turn to Williams, the chair of his firm’s renowned corporate department, for their litigation needs arising from complex transactions.

Jamie Wine LA T H A M & W A T K IN S ( N EW YORK) Wine has emerged as one of the top practitioners in complex business and securities litigation, playing a role in the successful defense of Ernst & Young in claims brought by the New York state attorney general over the firm’s work for bankrupt Lehman.

Donald Wolfe P O T T E R A N DE R SON ( WILMIN G TON ) The firm chair had another huge year, representing Applied Materials in creating a $29B company with Tokyo Electron while also hiring former Delaware Supreme Court Justice Myron Steele.

Marc Wolinsky W A C H TE L L LIP T ON ( N EW YORK) A key member of the firm’s deep litigation bench, Wolinsky has made his mark in numerous high-profile disputes before the Delaware Court of Chancery as well as in a range of antitrust cases and his work on the historic 9/11 insurance litigation.

Michael Wolitzer SIMP SO N TH AC H ER ( N EW YORK) One of the core strengths of Simpson Thacher’s revered private funds group, Wolitzer has exceled for clients like Apax, Centerbridge Partners, Blackstone and Silver Lake Partners.

Nicole Wong W H IT E H O USE ( W A S H IN G TON , D.C .) “The Decider” is among the foremost digital minds of her era, bringing experience with Google and Twitter to her new assignment as first Privacy Officer of the White House.

James Woolery C A DW A LA DE R ( N EW YORK) Cadwalader is positioned to ascend to new heights under chairman-elect Woolery, the firm’s corporate chair who joined the firm from his M&A leadership role at JPMorgan Chase & Co.

Michael Woronoff P R O SKA UE R ( LOS AN G ELES ) The co-head of Proskauer’s M&A team represented Ares Management and the Canada Pension Plan Investment Board in its $6B acquisition of the Neiman Marcus Group.


I S S U E 15






LD: You’re so well read. What did you read growing up? AE: A lot of Superman comic books. I was much more

surpasses the intellectual firepower of Wachtell Lipton.

DC Comics than Marvel.

Case in point: Dealmaker Adam Emmerich, who has

LD: And what are you reading now?

handled more than $500 billion in deals, including Covi-

AE: I read a lot of magazines, history, social science. I

dien in its $42.9B acquisition by Medtronic; Deutsche

just read a piece in The New Yorker about the history

Telekom and T-Mobile US in the $30B combination of T-

of the office – the changing conceptualizations of what

Mobile and MetroPCS; and the board of Wyeth in its $68B

the workplace was like over the last 200 years. It said

acquisition by Pfizer. He brings a deeply philosophical and well-read thoughtfulness to his dealmaking, moving

the latest evolution of the office is an empty room with

easily from Piketty to Perchick and from super investor

an electrical outlet and a sign that says “Free WiFi.” We

Warren Buffett to Superman. But as with all Wachtell

haven’t quite got there yet, and while we’re all certainly

dealmakers, it’s really always the deal now, isn’t it?

plugged in 24x7, the firm benefits hugely by all of us

As the summer of inversions kicked off, his writing in

being together in the same office.

the Harvard corporate law blog was quoted by Andrew

LD: Why did you choose Wachtell?

Ross Sorkin in the New York Times, bringing Emmerich

AE: I went to law school at the University of Chicago,

a heightened measure of renown. Jim Stewar t also

which is on the quarter system, so we began quite late.

tipped his hat to Emmerich in the Times when Deutsche

I was working in the DA’s office my first summer, before

Telekom collected the AT&T break fee.

the big recruiting season. So before going back to school

LAWDRAGON: You’ve been focused on so-called “inver-

I contacted Wachtell, said I was in New York, and per-

sions” recently, including your work for Covidien. How do

haps it might be convenient for us both if I just visit now.

you square that with the hullabaloo about U.S. companies

LD: So you never interviewed with another firm?

trying to escape their fair tax share?

AE: For better or worse, no. I liked Wachtell because it

ADAM EMMERICH: This subject drives me crazy. The

was very different from other firms; a small group of people

idea that non-U.S. income should be subject to U.S.

practicing at the highest level. Over the years, Wachtell

income tax if you bring it back to the U.S. – and at the

has become even better known and more sought after by

world’s highest rate – just defies common sense. Micro-

the most accomplished law students. On the other hand,

economics is not some right-wing belief system where

given the way things have evolved, Wachtell is even more

if you disagree with the consequences you can ignore

different today. We used to be less leveraged than most,

the incentive effects of a tax system just because you

but relatively are even more less so, so to speak. We

don’t like them.

used to be highly specialized and, again, while so many

LD: Is the debate mostly a political one?

firms are bigger than ever, we haven’t changed at all.

AE: It’s one of these populist, demonizing issues, which is unfounded. I was just reading a piece by Harry Stein, whose father wrote Fiddler on the Roof. And the son

LD: Whom do you consider your mentor? AE: It’s hard to escape mentioning Marty Lipton. Wachtell Lipton and our corporate practice is very much something

became right wing, and had lots of fights with his liberal

Marty created not only through his brilliance and example,

father. And Harry quoted a line by Perchick, one of Tevye’s

but by fostering a true partnership of real meritocracy

sons-in-law, who says, “In this world, it’s the rich who are the criminals. Someday their wealth will be ours.”

and real teamwork. There’s no one I’ve spent more time

To which Tevye responds, “That would be nice. If they

learning from, as mentor, partner and friend. Anybody you

would agree, I would agree.”

see doing a good job, you appreciate what their qualities

And that’s the point – it’s magical thinking. On inver-

are. Marty has great qualities as a lawyer; he’s intense,

sions, critics’ hearts are in the right place – people

focused, determined, creative. He will always give 110

should be proud to be American – but they’re wrong to

percent for the client in solving the client’s problem. And

tar companies that invert with a lack of commitment

we’ve all learned by watching how the people at the firm

to the U.S., and wrong to think that a foreign incorpora-

behave from the first moment we got here. People who

tion deprives the U.S. of a fair shot at taxing actual U.S.

join us today will see us behaving that same way, and

corporate income. They’re painting something in black

the culture will continue. Browse the Lawyer Limelight

and white terms that really isn’t.

series online at www.lawdragon.com/lawyer-limelights.


I S S U E 15






500 Tim Wu C OLUMB IA L A W SC H O O L ( N E W YORK) The author of “The Master Switch” is one of the leading minds on internet speech and one of the most convincing proponents of net neutrality.

Bruce Yannett DE B E VOISE & P L IMP T ON ( N EW YORK) The chair of Debevoise’s whitecollar and regulatory group is a master of the practice, including in FCPA probes, successfully beating back investigations by the SEC and Justice Department for client 3M.

C. Steven Yerrid T H E Y E R R ID LA W FIRM ( TAMPA) The state of Florida chose Yerrid to fight for citizens in the epic battles against Big Tobacco and BP, and so did the family of Ereck Plancher, who Yerrid continues to represent in their efforts to get compensation from the University of Central Florida over Plancher’s death after football workouts.

Michael Young W ILLKIE F A R R ( N E W YORK) No one knows accounting and financial reporting issues better than Young, who has been regularly sought-after for expert testimony, defense-side work for securities cases and for his assistance in a vast range of accounting investigations at major corporations.

Peter Zern C O VIN G T O N & B UR LIN G ( WAS H IN G TON , D.C .) A big reason why Covington’s sports practice is the cream of the crop, Zern has handled deals for the NFL, college conferences, MLB, Turner Sports and many others.

Kenneth Ziman SK A DDE N ( N E W Y O RK) Deputy co-head of Skadden’s busy corporate restructuring group, Ziman’s recent work includes advising Exide Technologies, MF Global Holdings, LifeCare Holdings and Savient Pharmaceuticals in their respective Chapter 11 cases, as well as Select Staffing in its prepack Chapter 11 case.

David Zornow SK A DDE N ( N E W Y O R K ) The legendary white-collar defender and former federal prosecutor oversees Skadden’s eminent global litigation group and remains one of the most trusted attorneys for corporations and individuals facing criminal and regulatory scrutiny.

David Zott KIR LA N D & E L LIS ( C H IC A G O) Zott represented Tronox in its epic fraudulent-transfer trial against Kerr-McGee and parent company Anadarko Petroluem over liability for environmental contamination, winning a verdict worth up to $14B that prompted a $5.15B settlement to pay for the cleanup.

Damien Zoubek C R A VA T H ( N E W Y ORK) A key force in Cravath’s top-flight M&A practice, Zoubek has many billion-dollar deals under his belt and recently represented Alliant Techsystems in the pending spin-off of its Sporting Group and merger of its Aerospace and Defense Groups with Orbital Sciences.



I S S U E 15


Jonathan Sherman Redux BOIES SCHILLER (NEW YORK)



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Advocates for Workplace Fairness

Congratulations to Wayne Outten, Adam Klein, and Wendi Lazar for inclusion in the 2013-2014 Lawdragon 500 Leading Lawyers in America Outten & Golden focuses on a global scale on advising and representing individuals and groups in employment, partnership, and related workplace matters. The firm counsels individuals on employment and severance agreements; handles complex compensation and benefits issues (including matters involving I.R.C. Sections 409A and 280G, bonuses, commissions, and stock and option agreements and awards), and advises professional partners (including accountants, doctors, and lawyers) with contractual and strategic issues. It also represents employees with a wide variety of claims, including discrimination and harassment based on sex, sexual orientation, gender identity and expression, race, disability, national origin, religion, and age, as well as retaliation, whistleblower, and contract claims. Outten & Golden is also at the forefront of family leave issues and veterans’ workplace rights. The firm handles some of the largest class action and impact litigations in the United States involving a wide range of employment issues, including economic exploitation, gender- and race-based discrimination, wage-and-hour violations, violations of the WARN Act, and other systemic workers’ rights issues. Outten & Golden has eleven practice groups: Employee Benefits, Executives & Professionals, Financial Services, Sexual Harassment & Sex Discrimination, Family Responsibilities & Disabilities Discrimination, Lesbian Gay Bisexual & Transgender (LGBT) Workplace Rights, Discrimination & Retaliation, Whistleblower Retaliation, Class & Collective Actions, WARN Act, and Appellate Litigation.

Wayne N. Outten is the co-founder and managing partner of Outten & Golden and co-chairs its Executives & Professionals Practice Group. Adam T. Klein founded the firm’s class action practice and co-chairs the firm’s Class Action Practice Group. Wendi S. Lazar is Partner & Co-Chair of the Executives and Professionals Practice Group.


NeW York | ChiCAgo | SAN FrANCiSCo Top to bottom: Wayne N. Outten, Adam T. Klein, Wendi S. Lazar

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