Proskauer Rose 21/09/2005 10:39 am Page 1

CHAMBERS & PARTNERS LEGAL PUBLISHERS

CHAMBERS USA America’s Leading for Business

2005 The Client’s Guide

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PROSKAUER ROSE LLP

Proskauer Rose LLP is ranked in Chambers USA 2005 as follows: NATIONAL

ERISA LITIGATION

Proskauer Rose LLP National The Firm: A nationally established employee The Lawyers: Howard Shapiro brings more Leading firms (ERISA Litigation) benefits and executive compensation group, than 25 years of experience to the firm and is PROSKAUER ROSE LLP Proskauer Rose has made strides in ERISA liti- unequivocally regarded as a “top-class” player. In gation with the recruitment of seasoned practi- addition to ERISA class actions, he has also rep- Leading individuals (ERISA Litigation) tioner Howard Shapiro and his team from resented management in such matters as pre- SHAPIRO Howard Proskauer Rose LLP, Shook, Hardy & Bacon in October 2004. This emption issues, fiduciary duty, ESOP litigation lateral move is more than likely to pay off given and 401(k) disputes among others. the current trend for major class actions, and ensures that Proskauer’s marquee clients don’t have to look elsewhere for expert ERISA litiga- tion experience.

SPORTS LAW

The group has acted for the New York Jets in the NHL in its dispute with the player’s union National matters concerning its proposed $1.3 billion over compensation; the case led to a prolonged Leading firms (Sports Law) stadium in New York. The project has been fur- lockout and cancellation of the season. He also PROSKAUER ROSE LLP ther complicated by a campaign against it, led represents the NBA and the MLB in employ- by the owners of Madison Square Gardens – ment matters and various collective bargaining Leading individuals (Sports Law) which is located four blocks from the site. It is issues. “Corporate guru” Joe Leccese was GANZ Howard Proskauer Rose LLP, New York in these difficult situations where the team praised as “a terrific – one of the best in LECCESE Joseph Proskauer Rose LLP, New York thrives, with clients adding:“It understands our the business.” Combining professionalism with RUSKIN Bradley Proskauer Rose LLP, New York needs and what we want, and knows when to “excellent judgment,” he advised on the struc- play a tactical game and when to hit a home ture of NBA’s $1 billion league-wide credit run.” The team has also been involved in the facility. He also has participated in sports-relat- ongoing litigation concerning the ownership ed M&A. Bradley Ruskin heads the litigation Proskauer Rose LLP swap of the Montreal Expos and the Florida section of the sports practice, and is endorsed The Firm: The nation’s leading sports practice Marlins. “It’s not just a great ,” a client as “a deep-thinking lawyer with his finger on the earns praise for its work for the National Hock- said; “it’s a business partner.” pulse.” ey League, National Basketball Association and The Lawyers: This “dream team” of lawyers is The Clients: The group has represented three . Its experience spans said to parlay some of “the finest skills in the of the four major US sports leagues, including across a range of disciplines, including football, country” into successful results. Employment the NHL, NBA and MLB. It also undertakes soccer, tennis and golf. Peers hail the group as and labor expert Howard Ganz was recom- work for various NFL teams and advises ATP “a superbly rounded practice, with great people, mended as “a superb, knowledgeable lawyer, Tour and Major League Soccer. great skills and a great knowledge of the field.” with a delicate and agile touch.” He represented

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PROSKAUER ROSE LLP

CALIFORNIA

EMPLOYMENT MAINLY DEFENDANT

Leading individuals Other Notable Practitioner The “charismatic”Anthony Oncidi of Proskauer (Employment: Mainly Defendant) Rose LLP has a broad labor and employment ONCIDI Anthony Proskauer Rose LLP, practice but is renowned for his work advising the entertainment industry.

LITIGATION WHITE-COLLAR CRIME & GOVERNMENT INVESTIGATIONS

Leading individuals Other Notable Practitioner (Litigation: White-Collar Crime & “Knowledgeable and experienced” Richard Mar- Government Investigations) maro at Proskauer Rose LLP is “a good advocate for clients,” say sources. He focuses on white-col- MARMARO Richard Proskauer Rose LLP, Los Angeles lar crime and SEC enforcement cases. He recent- ly defended the former CFO of TV Guide in one such action.

DISTRICT OF COLUMBIA

INTELLECTUAL PROPERTY

Proskauer Rose LLP The Lawyers: The “superbly able” Jon Leading firms () The Firm: Close collaboration with the firm’s Baumgarten, head of the firm’s IP team, gar- PROSKAUER ROSE LLP Washington, DC New York office has bolstered the firm’s ability nered praise for his technical brilliance in copy- to attract a diverse smorgasbord of work. right law. Having previously served on a Leading individuals Transactional expertise is offered, but the firm number of government delegations, this pub- (Intellectual Property) is particularly commended for its “great” copy- lishing expert “knows everything – all of it,” BAUMGARTEN Jon Proskauer Rose LLP, Wash DC right abilities. It is involved in cutting-edge sources said.“He’s a real one-off.” issues involving new media and technology in The Clients: The firm’s clientele is generated addition to a traditional base of copyright mat- from the publishing, computer, motion pic- ters. Acting on behalf of the recording and ture, music, communications, arts and Inter- software industries, the firm is battling at the net sectors. forefront of the Internet’s anti-piracy efforts; it has also played a leading role in shaping gov- ernment policy for the digital world. IP litiga- tion helps round out the practice.

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PROSKAUER ROSE LLP

MASSACHUSETTS

INTELLECTUAL PROPERTY

er in the market that is tipped to grow. The firm’s ests – “he will push his head through a brick wall Massachusetts established experience in entertainment, sport for you.” While winning plaudits for his ability to Leading firms (Intellectual Property) and music is now combined with “some of the “resolve a dispute before it turns into a multimil- PROSKAUER ROSE LLP best and brightest” local lawyers on the biotech lion-dollar case,” he was also commended in the and software side. Alongside New England-based courtroom for “getting to the core weakness of the Leading individuals technology companies, the firm advises clients opposition’s case and drilling in on it.” “Competent (Intellectual Property) across the USA on patent litigation and prosecu- and bright,” Joseph Capraro leads the firm’s BAUER Steven Proskauer Rose LLP, Boston tion, copyright and trademark issues. Clients portfolio development and patent prosecution CAPRARO Joseph Proskauer Rose LLP, Boston praise the strength of “creative” senior and mid- specialties. He is particularly recommended for level attorneys who don’t “over-lawyer” while his work on patent disclosure and trademarks. remaining “business-focused.” They “won’t force Praised for the depth of his technical expertise, he Proskauer Rose LLP the law down our throats,” said one source. is credited with bringing “significant value” to The Firm: This “developing” Massachusetts IP The Lawyers: “Tenacious, energetic” and popular clients’ IP portfolios. practice has been shaped by last year’s arrivals with clients, patent litigation head Steven Bauer The Clients: RSA Security; Descartes Systems from the now defunct legal outfit Testa Hurwitz is “up there with the luminaries in the field.” Group; Bessemer Ventures Partners; Helicos & Thibeault. Although the national firm is new Sources appreciate his level of commitment to Biosciences; MKS Instruments; Hypertherm to Boston, onlookers agree it is a prominent play- their cause and “aggressive” defense of their inter- and Candela.

PRIVATE EQUITY FUND FORMATION

combines some of the “deepest and most experi- work. He is experienced in representing both Massachusetts enced in the country.” While winning national general and limited partners. “Absolutely out- Leading firms plaudits for its expertise, particularly along the standing” Daniel Finkelman is an established (Private Equity: Fund Formation) West Coast, the team also attracts global recog- figure in the private equity market. Clients PROSKAUER ROSE LLP Boston nition for its fund work in Germany, Israel and appreciate that he has an “understanding of the the UK. A major player in the state’s private equi- science of fund formation” that is so deep that he Leading individuals ty market, the group has attracted a loyal follow- “knows what everyone else is doing as well.” (Private Equity: Fund Formation) ing of venture funds, institutional investors, and “Excellent and trusted counselor” Malcolm PAINTER Robin Proskauer Rose LLP, Boston limited partnerships based within Massachu- Nicholls is tipped to be a prominent player as FINKELMAN Daniel Proskauer Rose LLP, Boston setts. According to sources, “knowledgeable and he continues to gain experience across the TEGELER David Proskauer Rose LLP, Boston technically experienced” attorneys at the firm breadth of private equity fund formation advice. Up-and-coming individuals remain “head and shoulders above the rest.” He has represented private equity fund man- The Lawyers: Robin Painter is widely recog- agers in both domestic and foreign fund forma- NICHOLLS III Malcolm Proskauer Rose LLP, Boston nized for her expertise in international venture tion projects, alongside his work with capital fund formation. She recently assisted institutional investors and investment advisers. Proskauer Rose LLP Charles River Ventures in forming their twelfth Among peers, he wins plaudits for being “rea- The Firm: Following the vote to disband Testa, fund and represented a syndicate of blue-chip sonable and easy to deal with.” Hurwitz & Thibeault, the core of its fund forma- foundations and university endowments. The Clients: A range of international general tion team joined this firm, catapulting it into the “Exceptionally bright” David Tegeler has and limited partners are represented by the heart of the Boston private equity market. impressed market commentators with detailed team, alongside institutional investors. Sources across the USA agree that this group knowledge of venture capital fund formation

TAX

Leading individuals () son I would turn to if the IRS came knocking,” at the interface of taxation and private equity, act- enthused one satisfied interviewee. This com- ing for institutional investor and fund clients on a MAY Arnold Proskauer Rose LLP, Boston ment articulated the instant trust that May typi- national scale. Clients noted that he is “not abra- cally instills in his clients. He is one of a group of sive” when dealing with other attorneys, and will Other Notable Practitioner Testa lawyers who moved over to bolster the new “look at a problem from all sides, then come up “Incredibly practical” Arnold May is “the first per- Boston office of Proskauer Rose LLP.May works with creative ways of avoiding trouble.”

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PROSKAUER ROSE LLP

NEW JERSEY

EMPLOYMENT MAINLY DEFENDANT

the firm fields 40 attorneys who work on labor, several years ago), and he has been able to New Jersey employment and employee benefits issues as leverage Proskauer’s national brand name for Leading firms well as immigration law. The firm’s superb quality employment law advice. Head of the (Employment: Mainly Defendant) backup across these sectors pleases clients, who Newark office, he is respected as a “practical” PROSKAUER ROSE LLP Newark say its attorneys “have come up with great results attorney with excellent experience. With more and have been extremely successful on our than 20 years of experience in the sector, Leading individuals behalf.” The firm is experienced not just in Lawrence Sandak is praised for his superb (Employment: Mainly Defendant) individual suits but also class actions facing its control of the “nuts and bolts of litigation.” His broad range of clients drawn from, among oth- trial experience, particularly in discrimination GOLDSTEIN Marvin Proskauer Rose LLP, Newark ers, the manufacturing, retail, transport and actions, is highly valued by his broad client SANDAK Lawrence Proskauer Rose LLP, Newark financial services sectors. This “personable and base, which includes media corporations, Up-and-coming individuals responsive” practice has won the hearts of financial services companies and educational CERASIA Edward Proskauer Rose LLP, Newark clients as well as proving itself capable of institutions. “Experienced, smart and reliable,” assertive market expansion. he is one of the firm’s key practitioners. The Lawyers: Marvin Goldstein has been an Edward Cerasia is an up-and-coming attorney Proskauer Rose LLP instrumental factor in the firm’s profile in New who is an expert on employment and benefits The Firm: This practice’s profile has undeni- Jersey. Many major clients have followed his issues, providing an “extremely responsive” ably been on the rise. From its Newark office, practice (he was a Grotta Glassman attorney client service. NEW YORK

BANKRUPTCY/RESTRUCTURING

Proskauer Rose LLP late, this has included international deals, such New York The Firm: According to interviewees, this as representing major bondholders of an Argen- Leading firms group’s strength lies in its debtor practice. Here it tine cable company in a Section 304 proceeding (Bankruptcy/Restructuring) has acted for clients from a range of industries, and related litigation. PROSKAUER ROSE LLP New York and handled such high-profile mandates as act- The Lawyers: A “tremendous talent,” Alan ing as bankruptcy counsel to Advanced Glass- Hyman impresses clients as someone who is Leading individuals fiber Yarns. The team also guided Frank’s “unbelievably easy to deal with” and who brings (Bankruptcy/Restructuring) Nursery & Crafts through its Chapter 11 bank- a keen sense of humor to the negotiating table. HYMAN Alan Proskauer Rose LLP, New York ruptcy and consequent sale of assets, and has He is also popular with peers, who note that “he advised on a number of workouts in the retail can fashion a deal at any time.” and telecom sectors. It frequently works in tan- The Clients: Debtors account for the largest dem with the firm’s corporate group to handle component of the group’s client base, although it distressed M&A transactions.Work on behalf of also acts for creditors and commercial landlords. creditors is also a feature of the workload. Of

CORPORATE/M&A: MID-TIER FIRMS

who also provide the added bonus of being “rea- its acquisition of Centurion Wireless Technolo- New York sonable in terms of cost.” One of the largest tradi- gies for a total cash and stock consideration of Leading firms tional New York firms, it is able to draw on the £106.8 million. (Corporate/M&A: Mid-Tier Firms) resources provided by four other offices, includ- The Clients: Other highlights include acting PROSKAUER ROSE LLP New York ing one in . International work provides a for DNE Systems – previously a subsidiary of strong backbone to the firm’s M&A profile, for The Alpine Group – in a $40 million takeover example it co-counseled Votorantim Metais on by Ultra Electronics Holdings. Other clients Proskauer Rose LLP its acquisition of 99% of Sociedad Minera include Charterhouse Group International, The Firm: Clients declared they are “proud” of Refineria de Zinc de Cajamarquilla for $210 mil- National Basketball Association, Alcatel and this cadre of “responsive and efficient” attorneys, lion. The firm also advised The Laird Group on Gray Television.

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PROSKAUER ROSE LLP

EMPLOYEE BENEFITS & EXECUTIVE COMPENSATION

Proskauer Rose LLP senting Verizon Retirement Plan in more than New York The Firm: The ECEB team operates in con- $1 billion worth of alternative investments. Leading firms (Employee Benefits junction with the firm’s leading tax and labor The Lawyers: Renowned as a “tough negotia- & Executive Compensation) groups. In a notable development, the firm has tor” Michael Sirkin earns peer respect for his PROSKAUER ROSE LLP New York opened a New Orleans office specializing in traditional executive compensation, employee ERISA litigation, arbitration and mediation benefits and pension practice. He frequently Leading individuals (Employee under the command of seasoned attorney represents management teams in IPOs and Benefits & Executive Compensation) Howard Shapiro. It also fields attorneys experi- M&A. In addition, he is considered an authori- SIRKIN Michael Proskauer Rose LLP, New York enced in troubled plans under government ty in the nonprofit arena. investigation for major fraud, a practice area The Clients: Alliance Capital Management; headed by New York partner Rory Albert. Other Amerada Hess; American Standard; Bear expertise lies in employee benefits advice to tax- Stearns; Foot Locker; Mount Sinai Medical Cen- exempt organizations such as hospitals, univer- ter; Smith Barney Division of Citigroup and The sities and museums. The team also handles Metropolitan Museum of Art. pension plan investments, for example, repre-

EMPLOYMENT MAINLY DEFENDANT

for “understanding the practical needs of the smart and savvy” Howard Ganz cochairs the New York client.” As well as tackling the full gamut of department and counsels an impressive ros- Leading firms employment counseling and disputes, the firm trum of illustrious sports clients, including the (Employment: Mainly Defendant) has a healthy traditional labor practice, han- NBA, the WNBA and MLB. Commentators PROSKAUER ROSE LLP New York dling high-profile bargaining negotiations with praise his “sound judgment” and “brilliant advo- trade unions. cacy skills,” noting that he brings years of expe- Leading individuals The Lawyers: Clients value the “first-rate” rience in collective bargaining and employment (Employment: Mainly Defendant) Allen Fagin for his “practical advice – designed litigation to the table. “Results-focused” Paul FAGIN Allen Proskauer Rose LLP, New York to meet the needs of the business.” An experienced Salvatore is highly regarded by clients as a PLEVAN Bettina Proskauer Rose LLP, New York litigator he serves as nationwide coordinating “problem solver who is passionate about his cases.” GANZ Howard Proskauer Rose LLP, New York counsel for all the firm’s employment litigation. Recent work includes successfully resolving col- SALVATORE Paul Proskauer Rose LLP, New York In the past year he acted on numerous whistle- lective bargaining negotiations on behalf of the blowing cases brought under Sarbanes-Oxley, Realty Advisory Board on Labor Relations, con- PLUM Bernard Proskauer Rose LLP, New York major wage and hour class actions and nation- cerning a health plan covering 40,000 employ- wide gender discrimination suits. Similarly ees in the real estate industry. Bernard Plum is Proskauer Rose LLP “outstanding” for her “practical, thoughtful and also active in bargaining negotiations for The Firm: Safeguarding its position as the “big responsive” approach, Betsy Plevan typically numerous high-profile clients including the daddy in town,” it scores highly for its broad- acts on key discrimination cases for high-pro- New York Times, Dow Jones and the League of based practice, quality clients and considerable file clients concerning age, national origin and American Theatres and Producers. “Adept at market share. The firm houses the largest group sex. In the employee benefits arena, she handles reading the other side,” clients say, he is “creative of dedicated labor and employment attorneys major class actions and recently acted for the in fashioning solutions.” in New York and as a long-established outfit, American Federation of Television and Radio The Clients: MetLife; Bear Stearns; Coca- boasts a stellar track record. Interviewees were Artists (AFTRA) in the settlement of its ten- Cola Enterprises; AIG; ; Bristol- quick to praise its ranks of exceptional lawyers year-old case. Both Fagin and Plevan represent Myers Squibb; Citigroup and Ernst & Young. not simply for their legal application, but also a deep pool of financial services clients.“Street-

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PROSKAUER ROSE LLP

ENVIRONMENT

Proskauer Rose LLP manages both legal and management roles with New York The Firm: Market commentators paint a picture equal aplomb. Peers agree that he is an “impres- Leading firms (Environment) of a lively practice, endowed with strong manage- sive and articulate thinker,” who is capable of PROSKAUER ROSE LLP New York ment and a broad spread of work. As well as producing “creative solutions.” Kafin has wit- respect for its regulatory depth, the firm has also nessed a boom in transactional work over the Leading individuals (Environment) earned praise for its transactional prowess. In last few years, though his talents as an all- KAFIN Robert Proskauer Rose LLP, New York truth, much of its activities lie squarely in the rounder have ensured he remains active in liti- transactional camp, with far lower levels of gation and regulatory matters. Gail Port is Leading firms enforcement-related work carried out by attor- primarily a transactional expert. “Very energetic (Environment: Mainly Transactional) neys. Brownfields and Superfund matters certain- and intelligent,” her work is good in all areas. A PROSKAUER ROSE LLP New York ly have their place, with work covering New York former general counsel to the New York State and New Jersey, as well as California. Last year’s Urban Development Corporation and a former highlight – working with GE on PCB issues in the chair of the New York State Bar Association’s Leading individuals Hudson – looks to have provided some notable Environmental Law Section, she is a long-stand- (Environment: Mainly Transactional) follow-up work in solid waste management. ing and respected member of the New York Bar. KAFIN Robert Proskauer Rose LLP, New York The Lawyers: “Combining a strong intellect The Clients: The firm acts for many large cor- PORT Gail Proskauer Rose LLP, New York with tenacity,” Robert Kafin impresses clients porations including GE. Non-transactional with his environmental knowledge and the rigor clients include those in heavy industries (for and managerial skills essential to the job of chief example metals and chemicals) and real estate. operating partner at the firm. By all accounts he

HEALTHCARE

the industry’s most prominent healthcare matters. er practice that also includes transactional and New York One of its drawing cards is its regulatory strength, healthcare payment issues. Leading firms (Healthcare) for example, assisting Texas Pacific Group in com- The Clients: The team advised Avalon Health PROSKAUER ROSE LLP New York pliance matters relating to its $1.4 billion purchase Care in relation to its acquisition of 23 skilled of a controlling interest in IASIS Healthcare, a 15- nursing facilities. Other clients include: Greater Leading individuals (Healthcare) hospital system based in Nashville, Tennessee. New York Hospital Association; Continuum KORNREICH Edward Proskauer Rose LLP, New York Other expertise includes healthcare transactions Health Partners; Hospital for Special Surgery; and reimbursement issues. The practice has rep- Memorial Sloan-Kettering Cancer Center; Fre- resented a major New York academic medical cen- senius Medical Care North America; CON- Proskauer Rose LLP ter with respect to a federal False Claims Act MED; Lenox Hill Hospital; Celgene; ImClone The Firm: The practice is perceived to hinge on investigation involving potential overpayments Systems; Maimonides Medical Center; Mount its cochair Ed Kornreich, and is bolstered by a totaling about $50 million. Sinai Hospital; New York Organ Donor Net- somewhat larger DC presence, commentators The Lawyers: Cochair of the firm’s healthcare work; Catholic Health Services of Long Island; said. In addition, the firm’s vast resources mean department, Ed Kornreich focuses on regulatory Promise Healthcare; Radiology Corporation of that the group inevitably participates in some of due diligence and compliance as part of a broad- America and Oxford Coverage.

INSURANCE DISPUTE RESOLUTION

New York Proskauer Rose LLP ter should be treated as two occurrences, The Firm: Leading firms Respected for its expertise on behalf enabling Silverstein to recover up to an addi- of policyholders, the practice benefits from the tional $1.1 billion from nine insurance compa- (Insurance: Dispute Resolution) firm’s enduring profile in litigation. The group nies above the limit for a single occurrence. PROSKAUER ROSE LLP New York was involved in one of 2004’s most prominent The Lawyers: Seen as “smart and experienced” verdicts, acting as co-counsel for Silverstein on the policyholder side, John Gross earned Leading individuals Properties in the second trial of the World kudos for his involvement in the World Trade (Insurance: Dispute Resolution) Trade Center insurance coverage litigation. The Center litigation. GROSS John Proskauer Rose LLP, New York case sent ripples through the insurance indus- The Clients: Silverstein Properties; Bear try when a federal jury determined that the Stearns; International Paper; JPMorgan Chase; 9/11 terrorist attacks at the World Trade Cen- Lucent and Omnicom.

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PROSKAUER ROSE LLP

MEDIA & ENTERTAINMENT LITIGATION

with expertise in publishing, music, theatre and Times and The Discovery Channel in class New York film. It combines a strong First Amendment and action litigation. New to this year’s guide is Leading firms copyright practice with capability in libel, rights Charles Ortner, who is highly regarded for his (Media & Entertainment: Litigation) of privacy and publicity, unfair competition, roy- litigation and IP skills. He has a particular repu- PROSKAUER ROSE LLP New York alty disputes and finance. Market commentators tation in the music business, and in the past year regard it as “a focused firm with a rich skill set.” acted for EMI Music Publishing on a landmark Leading individuals The Lawyers: IP expert Charles Sims is “a licensing agreement with Sony BMG Music (Media & Entertainment: Litigation) very intelligent, but highly practical guy. He is Entertainment for the exploitation of new tech- direct and doesn’t overcomplicate things.” Adept nology including ring tones, the new DualDisc SIMS Charles Proskauer Rose LLP, New York at copyright issues and matters concerning new Format and digital video distribution. ORTNER Charles Proskauer Rose LLP, New York technologies, he represents LexisNexis in three The Clients: Corporate clients include BMG; ongoing national copyright cases. These concern EMI; Warner Bros. Records; Warner Chappell claims for damages by authors whose articles Music and Wind-Up Records. Charles Ortner have been included on the Nexis database, but has also represented such artists as Madonna, Proskauer Rose LLP which Nexis contends is authorized by rights Michael Jackson, Shania Twain, Lauryn Hill, The Firm: Again, active on both East and West duties transferred by newspapers and maga- Whitney Houston and Jon Bon Jovi. coasts, Proskauer Rose offers New York attorneys zines. He has also defended The New York

REAL ESTATE

use development on the site of the former edge of the law.” He worked with DLJ Real Estate New York Alexander’s department store at 731 Lexington Capital Partners and JD Carlisle on several pro- Leading firms (Real Estate) Avenue. This followed its participation in leas- ceedings, including the joint venture develop- PROSKAUER ROSE LLP New York ing negotiations concerning a 700,000-sq-ft ments of the Morton Square residential property to Bloomberg for its new world head- complex and the Cielo condominium tower. Leading individuals (Real Estate) quarters. A “traditional, hard negotiating style” Rising star Ronald Sernau is primarily associ- LIPSON Lawrence Proskauer Rose LLP, New York is allied to long-term experience to deliver pro- ated with leasing on behalf of a loyal client base. SERNAU Ronald Proskauer Rose LLP, New York ficiency on a range of products. In another The Clients: The firm worked with both Bar- prestigious highlight, the team also represented clays and Wachovia Bank regarding the origina- JD Carlisle on the development, financing, leas- tion of numerous mortgage and mezzanine Proskauer Rose LLP ing and sale of a cancer treatment center at New loans, ranging from $15 million to $300 million. The Firm: The practice is a recognized pres- York University Hospital. The team, which comprises more than 30 ence in real estate development, leasing and The Lawyers: Lawrence Lipson is frequently lawyers, also assisted Wachovia Bank on the $88 lending. However, it also demonstrates author- feted for his development work and assistance million financing of Ritz Carlton Hotel in New ity in the related securities, financing and loans, on major leases. At the core of his practice are Orleans, Louisiana. Other clients include Bank including work on private real estate funds and financings and the creation of private equity of Scotland; Citigroup; DLJ Real Estate Capital REITs. The team worked with Vornado Realty funds.“A great lawyer and tougher than most,” he Partners; GMAC; JD Carlisle; McDonald’s; Mor- Trust on the lease to Citibank of a new, mixed- is widely respected for his “encyclopedic knowl- gan Stanley; UJA and Vornado Realty Trust.

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PROSKAUER ROSE LLP

National Leaders

GANZ, Howard World Championships and Super sented ownership groups and fiduciary issues; fiduciary misrep- Proskauer Rose LLP, New York 9 Tournaments; the formation clubs in each of the major US resentation claims; ESOP litiga- 212 969 3035 and structuring of the Women’s sports (including the Florida tion issues; 401(k) plan issues; Recommended in Employment, National Basketball Association. Marlins, the New York Jets, the blackout period cases; plan asset Sport Please see New York for profile His media and communications Philadelphia Eagles and the New diversification issues; prohibited experience includes numerous Jersey Devils), and media compa- transaction allegations; directed LECCESE, Joseph M acquisitions, dispositions and pri- nies in sports-related disputes. trustee issues; cash balance cases; Proskauer Rose LLP, New York vate and public financings relat- Career: He also regularly han- independent contractor litigation; 212 969 3238 ing to cable television systems, dles a wide range of litigated mat- ‘serious consideration’ cases; [email protected] network and independent televi- ters for media and entertainment retiree rights litigation; severance Recommended in Sport Practice Areas: A Partner in sion stations, radio stations, mag- companies, and financial services pay cases; executive compensa- Proskauer Rose LLP’s Corporate azines and other publishing, and companies, including contract, tion/‘top hat’ litigation; Section Department, he has a broad- trade shows. fraud, licensing, antitrust, trade- 510 cases; benefit claims cases; Personal: based corporate practice with University of Virginia mark, franchising, partnership, ERISA class actions; and class- particular emphasis on the repre- Law School, JD, 1985 Member, intra-corporate, bankruptcy, wide challenges to plans that do sentation of professional sports Virginia Law Review, 1983-85. unfair competition, and other not offer contraception benefits. leagues and teams and companies Georgetown University, BA, cum commercial disputes. He has also He has appeared in federal courts engaged in various media and laude, 1982. litigated trust matters throughout from coast to coast, maintaining communications businesses the country in various federal and an active national ERISA litiga- RUSKIN, Bradley I including numerous matters for state courts and in domestic and tion practice. Proskauer Rose LLP, New York international arbitral forums, and Prof. Memberships: Chair of the National Basketball Associa- 212 969 3465 tion, the , [email protected] has handled proceedings (along the Section of Labor and Employ- and ATP Tour, as well as a num- Recommended in Sport with foreign co-counsel) before ment Law, American Bar Associa- ber of individual sports teams Practice Areas: A Partner in the European Commission and tion. Past Chair of the Joint Com- and other sports-related entities, Proskauer Rose LLP’s Litigation the Office of Fair Trading. mittee on Employee Benefits Personal: including the NBA’s recently and Dispute Resolution Depart- New York University (ABA). Also past Chair of the completed $1 billion League-wide ment and a member of the firm’s School of Law, JD, 1981. Brown Employee Benefits Committee, credit facility; the NBA’s expan- Executive Committee. A signifi- University, AB, 1978. Section of Labor and Employ- sion in 2002 to Charlotte; North cant portion of his practice is ment Law (ABA). SHAPIRO, Howard Personal: Carolina, and the related arena dedicated to litigating issues and BA Tulane University, Proskauer Rose LLP, New Orleans New Orleans, LA, May 1972; MA lease and development negotia- counseling clients active in the 504 310 4085 tions; the lease, development and sports business. Among the [email protected] History, McGill University, Mon- financing of the Philadelphia league clients for whom he per- Recommended in Litigation treal, Quebec, November 1975; Eagles’ new football-based stadi- forms services are the National Practice Areas: Partner at JD Loyola University of New um; the ATP Tour’s $1.2 billion Hockey League, Major League Proskauer Rose LLP.National Orleans, LA, May 1979. transaction with ISL relating to Soccer, the National Basketball ERISA litigation practice focuses the worldwide television and Association, the ATP,and the on defending matters raising marketing rights to the ATP WTA. In addition, he has repre- sophisticated preemption issues; Leaders in California

MARMARO, Richard for Fortune 500 companies, involv- Practice Areas: A Partner at testing and privacy issues, confi- Proskauer Rose LLP, Los Angeles ing issues including insider trading Proskauer Rose, and the Chair of dential information, trade secret 310 284 5659 allegations, tax violations, and cor- the Labor and Employment protection and collective bargain- [email protected] Recommended in Litigation porate opportunity issues. Department in the Los Angeles ing. A substantial portion of his Personal: Practice Areas: White collar Graduated with high- office. He represents employers in practice involves the defense of criminal defense, SEC litigation est honors from George Washing- all aspects of labor relations and employers in class action wage and complex civil litigation. He has ton University, where he was employment law, including litiga- and hour, employment discrimi- successfully defended individuals elected to Phi Beta Kappa. He is a tion and preventive counseling, nation and wrongful termination and corporations in all phases of graduate of New York University wrongful termination, employee litigation in both state and federal complex civil, criminal and regula- Law School, where he was the discipline, Title VII and the Cali- court. He also has experience in tory matters including those Executive Editor of the ‘Journal of fornia Fair Employment and trade secret and unfair competi- involving allegations of insider International of Law and Politics’. Housing Act, union-related tion litigation and the defense of trading, accounting and disclosure issues, wage and hour matters, sexual harassment, discrimina- ONCIDI, Anthony J irregularities, market manipula- executive employment contract tion, breach of contract and Proskauer Rose LLP, Los Angeles disputes, employee handbooks defamation lawsuits. tion, and other financial frauds. He 310 284 5690 Career: has also conducted numerous [email protected] and personnel policies, sexual Co-author of the treatise internal corporate investigations Recommended in Employment harassment training and investi- entitled ‘Employment Discrimi- gations, workplace violence, drug nation Depositions’ (Juris Pub.

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2004; www.jurispub.com) and, fornia Labor & Employment Law Law School, JD, 1984. Pomona since 1990, has been a columnist Review’,and ‘The Los Angeles College, BA, cum laude, 1981; Phi for the official publication of the Daily Journal.’ Beta Kappa. State Bar of California,‘The Cali- Personal: University of Leaders in District of Columbia

BAUMGARTEN, Jon taining to the publishing, com- sory Boards of the ‘Patent, Trade- tions Under the Universal Copy- Proskauer Rose LLP, Washington, DC puter, motion picture, music and mark and Copyright Journal’, right Convention.’ 202 416 6810 recording, communications, arts ‘World Intellectual Property Personal: City College of the [email protected] Recommended in Intellectual and internet communities. Report’,‘Computer Lawyer’ and City University of New York, BA, Property Prof. Memberships: Serves on ‘Journal of Proprietary Rights’, 1964. New York University School Practice Areas: He is widely several bar association commit- and was a founding director of of Law, LLB, 1967; Research Edi- recognized as one of the country’s tees on copyright and is past the American Copyright Council, tor,‘New York University Law leading domestic and interna- Chair of the Committee on Inter- the Computer Law Association, Review’,1966-67. tional intellectual property national Copyright of the Section the DC Computer Law Forum lawyers, with particular emphasis of Patent, Trademark and Copy- and Washington Area Lawyers for in copyright matters. Emphasis right Law of the American Bar the Arts. on domestic and international Association. He is a member of Publications: Author of numer- copyright, licensing, contract, liti- the Editorial Board of the ‘Copy- ous articles and a book entitled gation and related matters per- right Society’s Journal’,the Advi- ‘U.S.-U.S.S.R. Copyright Rela- Leaders in Massachusetts

BAUER, Steven M ence, MIT Sloan School, National ical devices, alternative energy representation of private equity Proskauer Rose LLP, Boston Bureau of Economic Research, technologies, financial services funds, including independent ven- 617 526 9700 MCLE, BU Law School, BC Law software, and telecommunications ture capital funds, corporate-spon- [email protected] Recommended in Intellectual Property School), and has been quoted devices and software. He works sored venture capital funds, off- Practice Areas: A Partner in often in the national press on intel- closely with clients in developing shore and multi-national venture Proskauer Rose’s Patent Litigation lectual property issues (e.g.,‘The national and international patent capital funds, and fund-of-funds. Dispute Resolution Group and Economist’,Associated Press, and trademark portfolios. His He also represents institutional Head of the firm’s Boston office. ‘InfoWorld’,‘Boston Business Jour- experience in the area of patent fund investors. His principal activ- He has over 20 years of experience nal’ and Reuters.) prosecution includes basic prose- ities on behalf of funds have Personal: concentrating exclusively in com- Boston University cution issues as well as patent reis- included capital formations, port- plex patent and other intellectual School of Law, JD, 1983. Massa- sue and re-examination proceed- folio investments, sales and distrib- property enforcement, litigation chusetts Institute of Technology, ings in the and in utions, internal governance, sec- and dispute resolution. He has MS, 1980. Massachusetts Institute patent opposition proceedings ondary transactions, and adminis- been lead trial counsel in litiga- of Technology, BS, 1979. throughout the world. He has tration. He has represented funds tions involving medical devices; extensive experience in the area of in raising over $15 billion of com- CAPRARO Jr, Joseph A software, encryption and business technology and intellectual prop- mitted capital. Proskauer Rose LLP, Boston erty licensing, and has also partici- Personal: Columbia University method processes; high-energy 617 526 9800 plasma systems; telecommunica- [email protected] pated in numerous intellectual School of Law, JD, 1972; Harlan tions and cable industry technolo- Recommended in Intellectual Property property litigations and in alterna- Fiske Stone Scholar. Columbia gy; nanotechnology; polymer Practice Areas: A Partner in the tive dispute resolution of intellec- University, MBA, 1972. Clark Uni- chemistry; blood gas and genetic Patent Law and Intellectual Prop- tual property matters, involving versity, AB, cum laude, 1968; Phi testing kits; high temperature erty Practice Groups at Proskauer patents, trademarks, copyrights Beta Kappa. superconductors; and digital com- Rose LLP.He provides clients with and trade secrets. Personal: MAY, Arnold P pression techniques. practical legal advice across the Suffolk University Law School, JD, cum laude, 1993. Tufts Proskauer Rose LLP, Boston Prof. Memberships: An active entire spectrum of intellectual 617 526 9757 member of the Roster of Neutrals property areas. He represents tech- University, BS, magna cum laude, [email protected] of the American Arbitration Asso- nology start-ups as well as private 1985. Recommended in Tax ciation; is vice-chair of the Litiga- and public emerging technology Practice Areas: A Partner in the companies, and spends much of FINKELMAN, Daniel P firm’s Tax Department and a tion Committee of the Intellectual Proskauer Rose LLP, Boston Property Owners’ Association; was his time working with companies 617 526 9755 member of the Private Equity an Editor of the AIPLA Quarterly having products in the engineering [email protected] Group. His practice focuses on tax Journal. arts, with particular emphasis on Recommended in Private Equity planning for private equity fund Publications: He has published a plasma devices, semiconductor Practice Areas: A Partner at managers in connection with their number of papers, speaks regularly equipment, power supplies, med- Proskauer Rose, he has over 25 fund-raising and internal organi- to leading patent law and industry ical lasers, image processing years of experience in the private zational matters, as well as invest- groups (e.g., The Sedona Confer- devices, optical components, med- equity field. He concentrates in the ment activities. In addition, he rep-

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resents US and non-US investors NICHOLLS III, Malcolm B Recommended in Private Equity in connection with their invest- Proskauer Rose LLP, Boston Practice Areas: Partner at TEGELER, David W ments in venture capital funds, 617 526 9787 Proskauer Rose, LLP.Concen- Proskauer Rose LLP, Boston [email protected] 617 526 9795 trates in the areas of corporate buyout funds, hedge funds and Recommended in Private Equity [email protected] and securities law with a particu- other investment partnerships. In Practice Areas: A Partner in Recommended in Private Equity lar emphasis on private equity. this capacity, as well as in connec- the firm’s Corporate Department Practice Areas: Partner at Her experience includes represen- tion with advising private equity and a member of the Private Proskauer Rose LLP.Concen- tation of private equity fund funds with respect to their invest- Equity Group. He concentrates in trates in the areas of corporate managers in capital formations, ment activities, he regularly advis- the areas of corporate and securi- and securities law, with a particu- portfolio investments and gover- es on international tax issues that ties law, with a particular empha- lar emphasis on private equity nance issues, and institutional arise in connection with invest- sis on private equity transactions. transactions. His experience investors and investment advisers ments in the US by non-US His experience includes represen- includes representation of private in the private equity field. investors (including non-US tation of private equity fund equity fund managers in capital Prof. Memberships: Member investors subject to special US tax managers and investors in both formations, portfolio investments of the American Bar Association, treatment, such as governmental US and non-US fund formation and governance issues, and insti- the Boston Bar Association and pension plans and tax-exempt projects, portfolio company tutional investors and investment the Massachusetts Bar Associa- organizations), as well as invest- investments, and management advisers in the private equity tion. Admitted to the Massachu- ments outside of the US by US and governance issues. field. setts Bar in 1985 and the US Dis- persons. He also has significant Prof. Memberships: A member Prof. Memberships: Member trict Court, District of Massachu- experience structuring tax-free of the American Bar Association of the American Bar Association setts in 1986. and taxable mergers and acquisi- and Boston Bar Association. He and the Business Law Division of Career: Frequently speaks tions (including cross-border was admitted to the New York Bar the Massachusetts Bar Associa- nationally and internationally on transactions), equity compensa- in 1995, the US District Court, tion. Is admitted to the Massa- private equity related issues and is tion arrangements and innovative Southern District of New York, in chusetts Bar (1989). Has served also a frequent contributor to financing techniques for invest- 1995 and the Massachusetts Bar on numerous panels in the US publications in the venture capital ments in tax transparent entities in 1996. and Europe discussing issues field. such as partnerships, limited lia- Personal: Boston University related to private equity fund for- Personal: Received her BA, cum bility companies and Subchapter School of Law, JD, 1994. Universi- mations. laude, from Northwestern Uni- S corporations. ty of New Hampshire, BA, magna Personal: Received his BA from Personal: versity in 1982. In 1985, received University of Florida cum laude, 1991. Middlebury College in 1985 and College of Law, LLM, 1994. Uni- her JD, cum laude, from Boston his JD from Vanderbilt University versity of San Diego School of PAINTER, Robin A College School of Law where she School of Law in 1989 where he Law, JD, 1993. Rutgers College, Proskauer Rose LLP, Boston also served as editor for the was an editor of the ‘Vanderbilt BA, 1990. 617 526 9790 ‘Boston College International’ Journal of Transnational Law’. [email protected] and ‘Comparative Law Review’. Leaders in New Jersey

CERASIA, Edward brief that Proskauer submitted to Practice Areas: A Partner in the Publications: An active speaker Proskauer Rose LLP, Newark the US Supreme Court on behalf Labor and Employment Law and writer on labor and employ- 973 274 3224 of the Society of Human Resource Department and Head of the firm’s ment law issues, he is also co-editor [email protected] Recommended in Employment Management in Pennsylvania State Newark office, he has a nationwide of West Publishing’s New Jersey Practice Areas: A Partner in Police v Suders, 124 S. Ct. 2342 practice where he represents Practice treatise entitled ‘Employ- Proskauer Rose LLP’s Labor and (2004). He also co-authored the employers in all aspects of labor and ment Law’,which was published in Employment Law Department, he amicus brief that Proskauer sub- employee relations in both state and 1998 and is updated annually. Personal: has significant experience han- mitted to the New Jersey Supreme federal courts. He also represents Boston University dling labor, employment and Court on behalf of the Employers employers in labor arbitration and School of Law, JD, 1969. Cornell employee benefits law matters in Association of New Jersey in Gere- before administrative boards such University, BA, 1966. the financial services, transporta- ty v Atlantic City Hilton Casino as the NLRB and various civil rights SANDAK, Lawrence tion, media, pharmaceutical, Resort (2005). agencies. In addition, he represents Personal: University of Bridge- employers in the securities industry Proskauer Rose LLP, Newark telecommunications and retail 973 274 3256 industries. He regularly represents port School of Law (N/K/A Quin- where he regularly arbitrates [email protected] employers in labor arbitration, nipiac University School of Law), employment matters before the Recommended in Employment handles unfair labor practice JD, summa cum laude, 1991 editor, NASD and the New York Stock Practice Areas: A Partner in charges and representation matters University of Bridgeport Law Exchange. Proskauer Rose LLP’s Labor and Career: before the NLRB and negotiates Review, 1990-91. Syracuse Univer- He has been recognized Employment Law Department, he collective bargaining agreements. sity, BS, 1987. as one of the ‘Best Lawyers in has more than 20 years of employ- He also spends a substantial America’ for the past 25 years and ment law experience. As a trial GOLDSTEIN, Marvin M amount of his time counseling was ranked among the top five lawyer and civil litigator, he defends Proskauer Rose LLP, Newark percent of the lawyers in the state clients on how to avoid litigation. 973 274 3210 employers accused of discrimina- Publications: In 2004, he was a [email protected] of New Jersey by ‘New Jersey tion, retaliation, sexual harassment, contributing author on the amicus Recommended in Employment Monthly’ magazine. breach of contract, and wage and

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hour violations before courts and benefit policies and the prepara- has guided his clients through sig- News coverage of the Clarence government agencies. He also has tion of employment contracts, nificant reductions-in-force and Thomas confirmation hearings. substantial experience in arbitrat- policy manuals and employee business closures. Personal: Brooklyn College of ing, mediating and negotiating the handbooks. He is frequently called Publications: He has been a the City University of New York settlement of employment dis- upon to conduct or supervise commentator for Court TV,CNN (BA, 1975) and Brooklyn Law putes. He advises his clients on all internal investigations of alleged and CNBC, discussing employ- School (JD 1978), where he aspects of the employer-employee employee misconduct, including ment discrimination, sexual served as an editor of the Brook- relationship, including the cre- sexual harassment, and to recom- harassment and personnel man- lyn Law Review. ation of sensible personnel and mend appropriate responses. He agement issues, and for the CBS Leaders in New York

FAGIN, Allen law for clients such as the NBA and United States Attorney for the KAFIN, Robert Proskauer Rose LLP, New York MLB, he has represented a number Southern District of New York, Proskauer Rose LLP, New York 212 969 3030 of the nation’s best-known compa- where he was assistant Chief of the 212 969 3280 [email protected] [email protected] Recommended in Employment nies with respect to a wide variety Criminal Division. He also taught Recommended in Environment Practice Areas: Chairman of of labor and employment matters, Trial Advocacy as an Adjunct Asso- Practice Areas: He is Proskauer Rose LLP,and the for- such as employment discrimina- ciate Professor at New York Uni- Proskauer’s Chief Operating Part- mer Co-Chair of Proskauer’s tion, sexual harassment, wrongful versity Law School and has been a ner responsible for the day to day Labor and Employment Law discharge, defamation, breach of faculty Member on trial advocacy management of the professional Department. He represents contract, and large-scale reduc- programs sponsored by the United practice of the firm. Concentrates employers in all types of employ- tions-in-force. His litigation expe- States Department of Justice, the his practice in the area of environ- ment litigation. His clients are as rience has run the gamut from sin- Association of the Bar of the City mental law where he regularly pro- diverse as his practice, representing gle plaintiff lawsuits to major class of New York, and Harvard Law vides compliance counselling fields such as telecommunications, actions in federal and state courts School. advice to businesses facing regula- Personal: transportation, healthcare, insur- in New York and elsewhere. He has A graduate of The tions under all of the major federal ance, legal services, utilities, finan- been named one of the ‘World’s Wharton School of Finance and environmental laws and state ana- cial services, entertainment and Leading Labor and Employment Commerce, of the University of logues. In recent years, he has been manufacturing. Lawyers’ and one of the ‘100 Best Pennsylvania and George Wash- called upon in major transactions Prof. Memberships: A member Lawyers in New York.’ ington University Law School, involving almost every type of Prof. Memberships: of the American College of Labor Currently where he was a Member of the industry to review and evaluate and Employment Lawyers. Was the Chair of the Sports Law Com- ‘Law Review’. environmental compliance and chosen by New York Magazine as mittee of the Association of the liabilities. HYMAN, Alan one of the hundred best lawyers in Bar of the City of New York. Prof. Memberships: He is the Publications: He has lectured Proskauer Rose LLP, New York New York, and was profiled by the 212 969 3275 past Chair of the Environmental National Law Journal as one of the widely on sports law and employ- [email protected] Law Section of the New York State top employment litigators in the ment law matters. Recommended in Bankruptcy Bar Association. He also served as Personal: country. Was also selected as one of A graduate of Colgate Practice Areas: A leading Mem- Chair of the New York Parks and 118 US attorneys in the Interna- University and Columbia Law ber of the Bankruptcy and Corpo- Conservation Association and as a tional Who’s Who of Management School, where he was articles edi- rate Reorganization Bar, heads Vice-Chair of the Preservation Labor & Employment Lawyers. tor of the ‘Columbia Law Review’, Proskauer’s Bankruptcy and Reor- League of New York State on Publications: Publishes regularly spent two years as a law clerk for a ganization Practice Group. For 30 whose boards he currently sits. in the labor and employment field, federal district judge in New York years he has been actively involved Personal: Harvard Law School, is a frequent lecturer on employ- before joining Proskauer Rose LLP. in a wide spectrum of the nation’s JD, Magna Cum Laude, 1966. ment discrimination matters. GROSS, John largest corporate reorganization Franklin & Marshall College, AB, Personal: A summa cum laude Proskauer Rose LLP, New York proceedings. Magna Cum Laude, 1963 Phi Beta graduate of Columbia College, 212 969 3145 Prof. Memberships: A Member Kappa. [email protected] graduated with honors from Har- of the American College of Bank- Recommended in Insurance vard Law School, holds a masters ruptcy Lawyers. KORNREICH, Edward Practice Areas: Has been lead degree in Public Policy from Har- Publications: Has lectured exten- Proskauer Rose LLP, New York counsel in civil litigations for many sively in the bankruptcy and reor- 212 969 3395 vard University’s John F Kennedy major US corporations including ganization field. Has been a guest [email protected] School of Government. the holders of The World Trade lecturer at the Turnaround Indus- Recommended in Healthcare GANZ, Howard Center leases in their litigation try Conference, the United States Practice Areas: Co-Chair of Proskauer Rose LLP, New York involving their insurance claims Trustee Symposium and at pro- Proskauer Rose LLP’s Health care grams sponsored by the American 212 969 3035 for property damage and business law Department. A recognised [email protected] Bankruptcy Institute and the Insti- authority on the legal, regulatory Recommended in Employment, Sport interruption resulting from the tute for International Research. and business issues related to Practice Areas: September 11, 2001 terrorist Personal: A graduate of New York Co-Chair of health care services, he works pri- attacks. He is also advising the City University and New York Universi- Proskauer’s Labor and Employ- marily on health care transactions, of New York on legal issues arising ty Law School. ment Law Department, as well as regulatory compliance and health- Co-Chair of the firm’s Sports Law from the September 11 events. Career: care payment issues for varied Group. When not practicing sports Served as an Assistant

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providers (both for-profit and not- Career: He was involved in the JD, 1971. Washington University, Career: Among the employers he for-profit), HMOs, pharmaceutical design of the first major office AB, 1967. represents are The New York companies, medical device compa- building real estate investment Times Co., Dow Jones, The League nies, pharmacy benefit manage- trust (REIT) in New York, which PLEVAN, Bettina of American Theaters & Produc- ment companies and entrepre- has become the model for future Proskauer Rose LLP, New York ers, The Ballet, PPL, 212 969 3065 neurs. He also counsels providers office building REIT transactions [email protected] Inc.,TWA, and HSBC. Bernie rep- on issues related to research, tech- in the New York metropolitan area. Recommended in Employment resented Metro-North and the nology transfer and governance. Personal: Columbia University Practice Areas: Represents a Long Island Railroad in their Prof. Memberships: A past School of Law,JD,Magna Cum wide range of industries handling precedent-setting suit to enjoin Chair of the Health Law Commit- Laude, 1970. Scholar: Harlan Fiske both single plaintiff and class sympathy strikes by railroad work- tee of the Association of the Bar of Stone Scholar. Brooklyn College of action lawsuits involving issues of ers in support of striking Eastern the City of New York and the cur- the City University of New York, BA, discrimination, harassment, Airlines Machinists. He has also rent Chair of the providers’ Com- Magna Cum Laude, 1967. employee benefits, alleged breach- represented many other employers mittee of the Health Law Section es of fiduciary duty, COBRA viola- faced with unlawful work stop- of the New York State Bar Asssoci- ORTNER, Charles tions, and termination of retiree pages. ation. He is listed in “Best Lawyers Proskauer Rose LLP, New York Personal: Columbia University 212 969 3990 benefits. She has extensive experi- in America,”was also named one [email protected] ence counseling employers on liti- School of Law, JD, 1979; notes edi- of the “40 Health Care Lawyers Recommended in Media & gation avoidance and sexual tor,‘Columbia Law Review’,1978- Who Have Made Their Mark” by Entertainment harassment investigations and 79; Columbia University, MPHIL, The National Law Journal, and was Practice Areas: Represents training management employees 1976; Columbia University, MA, recognised as one of the “Out- many of the leading institutions in these areas. Has successfully 1974; New York University, BA, standing Fraud and Compliance and creative and business leaders tried many jury and non-jury cases cum laude, 1973. Lawyers of 2004” in Nightingale’s of the music industry in virtually in New York and elsewhere in the Healthcare News. every area, including copyright, US. PORT, Gail Publications: Frequently writes trademark, enforcement of per- Prof. Memberships: Proskauer Rose LLP, New York President of 212 969 3243 and lectures on Medicaid reim- sonal services contracts, rights of the Association of the Bar of the [email protected] bursement, health care integration, privacy and publicity, libel, unfair City of New York and recently Recommended in Environment not-for-profit law and corporate competition, personal matters, completed a two-year term as Practice Areas: Manages governance issues. employment disputes, contract President of the Federal Bar Coun- Proskauer Rose LLP’s Environmen- Personal: Harvard Law School, and royalty disputes and general cil. She is also a member of the tal Practice Group, based in the New J.D, 1977. Columbia University, corporate and commercial mat- American Law Institute, and serves York office. She has been practicing Columbia College, B.A, Magna ters. He also serves as advisor on as Chair of the Second Circuit environmental law and litigation for Cum Laude, 1974 Phi Beta Kappa. business and strategic planning for Judicial Conference. over 25 years. Her practice at owners and senior executives of Career: A Fellow of the American Proskauer is concentrated in coun- LIPSON, Lawrence leading music industry institu- College of Trial Lawyers. Has seling clients respecting environ- Proskauer Rose LLP, New York tions. Among the recording artists, 212 969 3760 argued more than 50 appeals in mental risks in mergers and acquisi- [email protected] record producers and songwriters state and federal courts and is a tions and real estate transactions Recommended in Real Estate he has represented in litigation and member of the American Academy and financings, environmental Practice Areas: Chair of related matters are Madonna, of Appellate Lawyers. compliance and remediation, envi- Proskauer Rose LLP’s Real Estate Michael Jackson, Shania Twain, Personal: Graduated from ronmental litigation and adminis- Department and a Member of Lauryn Hill, Whitney Houston, Wellesley College and is a magna trative proceedings and land use. Proskauer’s nationally recognized Jon Bon Jovi, Kenny “Babyface” cum laude graduate of Boston Prof. Memberships: A past Hospitality Practice Group. He has Edmonds, Sean “P.Diddy” Combs, University Law School where she Chair of the New York State Bar three decades of diverse experience Trent Reznor and Nine Inch Nails, was an editor of the ‘Law Review’. Association’s Environmental Law crafting major real estate deals and Sting, Cyndi Lauper, Collective Section, the former Chair of the representing all sides to the real Soul, Bonnie Raitt, Matchbox 20, PLUM, Bernard Environmental Law Committee of estate transaction including Rob Thomas, Phil Ramone and Proskauer Rose LLP, New York the Association of the Bar of the Rick Rubin. Among the music 212 969 3070 lenders and borrowers, landlords [email protected] City of New York, and a member and tenants, and investors and industry entrepreneurs Mr Ortner Recommended in Employment of the Boards of Directors of the developers. His clients include a has represented are Chris Black- Practice Areas: A Partner in prestigious not-for-profit organi- cross section of the many types of well, Clive Calder, Jimmy Iovine, Proskauer’s Labor and Employment zations Environmental Advocates investors in and users of real estate, and Antonio “L.A.”Reid. He repre- Law Department, his practice con- and the New York League of Con- including individual developer sents many music companies and centrates on collective bargaining, servation Voters Education Fund. entrepreneurs, large corporate ten- labels, including BMG, EMI, arbitration, and labor and employ- Career: Prior to joining the firm ants, equity investors, real estate Warner Bros. Records, ment litigation in the newspaper, she served as Deputy General investment trusts and real estate Warner/Chappell Music and entertainment, utilities, financial Counsel (and Acting General opportunity funds. He is also a key Wind-Up Records. services, and airline industries. He Counsel) and the chief environ- and influential player in Career: He also represents The has served as chief spokesperson in mental advisor to the New York Proskauer’s Hospitality Practice National Academy of Recording a wide variety of collective bar- State Urban Development Corpo- Group and has closed on a sub- Arts and Sciences (the GRAMMY® gaining situations, and has litigat- ration, where she was involved in stantial number of major domestic organization), and serves as its ed in the state and federal courts of the environmental law aspects of and international hotel and resort National Legal Counsel. New York, New Jersey, Connecti- high visibility large-scale land use chain acquisitions. Personal: , cut, Illinois and California. and development projects and

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related financing transactions. SERNAU, Ronald D SIMS, Charles SIRKIN, Michael Personal: New York Law School, Proskauer Rose LLP, New York Proskauer Rose LLP, New York Proskauer Rose LLP, New York JD, magna cum laude, 1976 arti- 212 969 3785 212 969 3950 212 969 3840 [email protected] [email protected] [email protected] cles editor, New York Law School Recommended in Real Estate Recommended in Media & Recommended in Employee Benefits Law Review, 1974-76. State Uni- Practice Areas: A Partner in Entertainment Practice Areas: A member of versity of New York at Cortland, the Real Estate Department, he Practice Areas: Concentrates Proskauer Rose’s Tax Depart- BS, 1973. has significant experience in real on copyright, First Amendment, ment, he practices primarily in estate law, representing sophisti- and defamation law. the areas of employee benefits SALVATORE, Paul Career: He has represented the Proskauer Rose LLP, New York cated real estate developers and and executive compensation. In 212 969 3022 investors in virtually all areas of motion picture studios in their addition, he frequently represents [email protected] real estate practice in New York ground-breaking and successful companies and senior executives Recommended in Employment City. He draws on his experience litigation, under the Digital Mille- in connection with executive Practice Areas: Represents to address legitimate interests that nium Copyright Act, against employment and severance employers in employment law the opposing party must protect, hackers who were publicly pro- agreements and other compensa- and litigation, as well as and to minimize negotiation of viding illegal software for tion and equity arrangements. In union/management relations and issues that the opposing party can decrypting DVDs, and Lexis- the executive compensation area, collective bargaining. Handles all compromise. He has represented Nexis in its victory against an he advises in connection with types of employment litigation, clients in some of the most sub- internet start-up which had nonqualified arrangements, such arbitration and mediation. He stantial real estate transactions attempted to steal the entire Lexis as Supplemental Executive Retire- also provides advice and guidance occurring in New York City. For database for uploading onto the ment Plans and other deferred- to clients, counseling employers example, he has represented a Web. He has also represented the compensation plans, incentive on how to avoid litigation and publicly held real estate invest- League of American Theatres and plans, rabbi trusts and other achieve their employee relations ment trust in a variety of acquisi- Producers in an arbitration over funding vehicles. He also advises objectives through such tech- tions and lease transactions the ownership of the Tony Award corporations on the design and niques as proactive human involving several hundred million ’99 programs, and England’s implementation of stock option, resources policies and alternative dollars. He has represented a Royal Court Theatre in connec- restricted stock and similar plans. dispute resolution. Also negoti- major private real estate develop- tion with a copyright infringe- Career: He has represented cor- ates major collective bargaining er in complex equity restructur- ment lawsuit based on David porations and executives in a agreements in several industries, ing transactions for properties in Hare’s play Via Dolorosa. In the diverse assortment of businesses, including real estate and con- the New York area. He has repre- First Amendment field, he has lit- including Fortune 500 industrial struction. He tries arbitrations sented a major New York City igated challenges to content- companies, financial-service and litigations arising from the lender in restructuring non- based federal restrictions of cable companies, high tech start-ups, collective bargaining relationship. recourse debt on important New television programming, which dot.coms, REITs, tax-exempt Publications: An active speaker York City properties. He serves as the Supreme Court largely invali- organizations and privately held and writer on labor and employ- the principal leasing lawyer for dated in Denver Area Educational companies. ment law issues. He has been several major New York City Television Consortium v FCC, Publications: He is co-editor quoted in, among other publica- landlords, addressing the variety and joined in handling, a facial and co-lead author of the treatise tions, The New York Times, The of financial and technical issues First Amendment challenge to Executive Compensation pub- Wall Street Journal, USA Today that arise in sophisticated lease New York’s Son of Sam law for lished by Law Journal Seminar- and The National Law Journal, transactions. Simon & Schuster, which the Press, and the co-author of the and he has appeared on CNN, Personal: Cornell Law School, Supreme Court unanimously Chapter on ERISA in the 403(b) Fox News and other business tele- JD, magna cum laude, 1986; invalidated. Answer Book. He is a contributing vision news programs. Among Order of the Coif; editor, Cornell Personal: Yale Law School, JD, editor to The Philanthropy Month- other groups he works with, he Law Revew, 1985-86. Ithaca Col- 1976; Amherst College, BA, ly, writing a bimonthly column on serves as a speaker for the Society lege, BS, summa cum laude, 1981. Magna Cum Laude, 1971 Phi compensation and benefits for tax- for Human Resource Manage- Beta Kappa. exempt organizations, and on the ment (SHRM), and on its Board of Advisors of The Journal of National Labor Relations Panel. Taxation of Employee Benefits. Personal: An honors graduate of Personal: Columbia University Cornell University’s School of School of Law, JD, 1972. Rutgers Industrial and Labor Relations University, New Brunswick, BS, (ILR) and The Cornell Law 1969. School.

14 All quotes in the text are from interviews with clients and competitors. CHAMBERS USA 2005 Proskauer Rose 21/09/2005 10:39 am Page 15

PROSKAUER ROSE LLP PROSKAUER ROSE LLP

THE FIRM HEAD OFFICE NEW YORK Chairman: Allen I Fagin 1585 Broadway, New York, NY 10036-8299 Tel: 212 969 3000 Number of partners: 170 BRANCH OFFICES FIRM OVERVIEW: Proskauer Rose LLP is one of the nation’s largest law CALIFORNIA firms, providing a wide variety of legal services to major corporations and 2049 Century Park East, 32nd Floor, Los Angeles, CA 90067-3206 other clients throughout the United States and around the world. Head- Tel: 310 557 2900 quartered in New York City since 1875, the firm also has offices in Los DISTRICT OF COLUMBIA Angeles, Washington DC, Boston, Boca Raton, Newark, New Orleans and 1233 20th Street, NW, Suite 800, Washington, DC 20036-2396 Paris. During its history Proskauer has been distinguished by its dedica- Tel: 202 416 6800 tion to client service, technical excellence and high integrity. It also has adapted rapidly to changes in the needs of businesses, whether it be for MASSACHUSETTS expertise in emerging areas of law, employing new methods of commu- One International Place, Boston, MA 02110-2600 nicating, or deploying the latest information technology. Tel: 617 526 9600

FLORIDA MAIN AREAS OF PRACTICE: The firm’s practice areas provide traditional One Boca Place, 2255 Glades Road, Suite 340 West, services to corporations and other business entities such as corporate Boca Raton, FL 33431-7383 finance and securities, tax, litigation, real estate, and labor and employ- Tel: 561 241 7400 ment advice. It also has leading practices in the areas of arbitration and other forms of alternative dispute resolution, bankruptcy and reorgani- NEW JERSEY zations, broker-dealer regulation, employee benefits and executive com- One Newark Center, 18th Floor, Newark, NJ 07102-5211 Tel: 973 274 3200 pensation, entertainment, environmental law, healthcare and

pharmaceuticals, high technology and the internet, intellectual property, LOUISIANA private equity financing, sports, trade secrets and non-competition, and 909 Poydras Street, New Orleans, LA 70112-4017 white-collar crime. Representing the publishing, motion picture and Tel: 617 526 9600 recording industries as they confront new challenges, Proskauer recently has been at the leading edge of the law, as the dramatic emergence of a INTERNATIONAL OFFICES freer flow of information and knowledge over the global networks of The firm also has an international office in Paris. servers and computers tests and strains established principles protecting intellectual property. As its litigators handle disputes arising in this arena, Proskauer’s corporate and tax lawyers have been working on the business and financial structures and contractual licensing needs of the entrepre- neurs building new companies, established corporations adjusting to new technologies, and financial services firms developing new financing prod- ucts. Trained at leading law schools, Proskauer lawyers are civic and phil- anthropic leaders as well as highly skilled practitioners. In addition to service in the wider community, lawyers in the firm have recently held the presidencies of legal organizations such as the Association of the Bar of the City of New York, the New York State Bar Association, New York Woman’s Bar Association, the American College of Trial Lawyers, the Fed- eral Bar Council, the Fund for Modern Courts, the New York County Lawyers Association and the American Judicature Society.

INTERNATIONAL WORK: Proskauer’s international practice has its roots in the representation early last century of various French industrialists. Since that time the firm has developed a recognized stature in international transactions and an understanding of and commitment to the global mar- kets and the transnational needs of its clients. The firm’s international practice includes the representation of foreign clients doing business in the United States and American clients abroad. It is also called on by for- eign clients for transactions based abroad to which the firm brings its par- ticular skill and experience in international transactions. The representation of international clients encompasses all aspects of the prac- tice and involves lawyers in each of the firm’s six departments: corporate, tax, labor, real estate, litigation and dispute resolution and personal plan- ning. The firm regularly assists its international clients in , joint ventures, licensing, international aspects of litigation, arbitration, tax planning, labor relations, antitrust, intellectual property and immigration.

www.ChambersandPartners.com All quotes in the text are from interviews with clients and competitors. 15 Proskauer Rose 21/09/2005 10:39 am Page 16