to our clients & friends
Over the last year, Patterson Belknap attorneys worked closely with
our clients to help them meet their business goals and objectives, from
protecting intellectual property rights to devising effective strategies for
the future. In fact, we've launched 2010 with the largest settlement of any
patent infringement case in U.S. history: following more than a decade
of highly-publicized coronary stent patent litigation, we secured for Cordis,
Johnson & Johnson's cardiac device unit, a $1.725 billion settlement
from competitor Boston Scientific. Combined, Patterson Belknap has
obtained over $3.6 billion for Cordis in these matters.
Recently, we have been recognized with several honors and awards from
leading industry publications, many of them based on input from our
clients and peers. We continue to be proud of our leading pro bono
program, which provides critically needed legal assistance to society's
most disadvantaged populations.
We continue to invest in our people, our most valuable resource, through
the promotion and lateral hiring of outstanding new partners and counsel
to support our carefully managed growth. We also believe that our
strong ranking in associate satisfaction demonstrates our commitment
to maintaining the best possible workplace.
The following pages outline some of the specifics of our 2009 recognitions
and achievements. This year, we plan to build on these strengths and to
continue to provide the highest level of client service to those who
entrust us with their most important matters.
Robert P. LoBue
Law360 IP Firm of the Year. Patterson Belknap was selected as one of six firms nationally
to receive Law360's IP Firms of the Year award. This recognition is attributed in large part
to the "strength of (our) representation" in major medical device litigation, which is just
part of the firm's wide-ranging patent litigation practice. The firm's trademark and false
advertising practices, both of which had much success in 2009, were also noted.
Specifically, Law360 cited the firm's successful defense of Coca-Cola's marketing of its
Powerade ION4 sports drink.
Euromoney/Institutional Investor's Benchmark: Litigation Ranking. For the second
year in a row, the firm was ranked in Benchmark Litigation's top category, "Highly
Recommended" for New York. Partners Greg Diskant, Erik Haas, Jeff Lewis, Bob LoBue,
Saul Shapiro, Peter Tomlinson, Steve Younger and Steve Zalesin were all listed as "Local
The firm was also listed in Benchmark's national rankings for Intellectual Property.
Greg Diskant and Jeff Lewis were also listed as National Stars for Intellectual Property.
World Leaders International IP Awards. In December 2009, Patterson Belknap received
IP World's World Leaders International IP Award for the top Trademark Litigation practice
in North America. The firm was also short-listed as having one of the top Patent Litigation
practices and one of the top Entertainment & Media Law practices in North America. IP World,
which presented the Award at a ceremony in London, is the publisher of the prestigious
industry publications Trademark World, Patent World and Copyright World.
National Law Journal's Midsize Hot List. Patterson Belknap was included among
firms that the National Law Journal considers to have "the nimbleness and adaptability
that come from lean operations and strong client ties." The listing highlights the firm's
foresight in creating what is now the Mortgage and Credit Crisis team which has played
a leading role representing monoline insurers in some of the most significant litigation to
arise from the financial crisis. Recently, we have secured a number of favorable decisions
in these matters.
2009 firm awards
The National Law Journal also identified Patterson Belknap as "a major player in defending
law firms against complex liability claims." Noted were our Law Firm Defense team's
recent successes on behalf of a major law firm against allegations that the firm had
breached a noncompete agreement and a partner of a national law firm against allegations
that he had conspired in the theft of a $10 million investment he had been hired to recover.
Best Lawyers in America ® . For the third consecutive year, Patterson Belknap's
Personal Planning Group has been ranked #1 for Trusts and Estates in New York City and
New York State by Best Lawyers in America ® .
Chambers. Chambers USA again named several firm practice areas and partners as law
firm leaders in 2009. The prestigious publication bases its rankings on extensive research
and interviews with peers and clients around the country.
Our Patent Litigation team was noted for "its expertise in the pharmaceutical field, and
is well versed in matters related to medical devices." Chambers specifically highlighted
the firm's two substantial judgments in coronary stent device litigation. Firm partners
Greg Diskant and Jeff Lewis were recognized as leaders in the patent field.
The firm's expertise in Trademark and Copyright Litigation was also recognized;
specifically Chambers noted the firm's "broad-based caseload, (which) includes such
highlights as defending Dow Jones' franchise in index-based derivatives trading." Firm
partner Bob LoBue was named a leading attorney in this field. The Copyright Litigation
group is noted for "handling an increasing number of cases involving the authenticity of
works of art."
Patterson Belknap's False Advertising group was once again named one of the top teams
in New York. Chambers quotes a client describing the practice as providing "a dedicated
approach, smart, supportive associates and the quality you'd expect from a larger law
firm." The guide notes that the firm has a "client base that includes Coca-Cola, Diageo,
L'Oréal and Time Warner Cable." Partner Steve Zalesin was recognized as a top attorney
in Advertising Litigation.
Chambers continues to recognize the firm's Media and Entertainment Litigation practice.
"(The firm's) work spans across all areas of the entertainment industry, and litigation
clients include Harper Collins, McGraw-Hill and Time Warner Cable." Partner Saul Shapiro
was again named a leader in the field.
Our Real Estate department was again recognized for its leasing capabilities. Chambers
noted that the firm's "considerable expertise in advising landlords and tenants on office
leasing has attracted a fine collection of household names to the group." In November 2009,
the group represented a major law firm in what was then the largest midtown office lease
of the year.
In addition, Of Counsel Karl Seib was once again ranked nationally as a leading Products
Legal Aid Society's Pro Bono Publico Award. The Legal Aid
Society's 2009 Pro Bono Publico and Public Service Law Firm Award
recognizes the outstanding commitment of major New York City law
firms to provide access to justice to low-income children, families and
individuals. As the 2009 recipient, Patterson Belknap was honored for its
exceptional pro bono commitment to The Legal Aid Society and its clients.
The firm has expanded its pro bono commitment by serving as co-counsel
on four major class action reform cases in the areas of subsidized
housing for low-income tenants, public assistance benefits for low-income
families, health and safety concerns of children in residential treatment
centers and mental health issues of children in foster care.
The American Lawyer's Pro Bono Survey. Patterson Belknap
continues to be ranked in the top 10 of this annual survey. We have
been in the top 10 since the list's inception in 1999. In 2009, for the
sixth consecutive year, 100% of the firm's attorneys participated in
pro bono projects.
"Urban Angel" Award. Patterson Belknap was honored in 2009
with the New York Theological Seminary's "Urban Angel" Award for
our pro bono work in urban areas. This award is presented annually
in recognition of significant contributions to the health and vitality of
urban communities worldwide.
The American Lawyer's National 2009 Midlevel Associate Survey.
In a survey of nearly 7,300 midlevel associates at 180 participating firms,
Patterson Belknap ranked #1 among New York City-based firms and
#3 nationally. The annual survey is based on several factors, including
work satisfaction, benefits and compensation, associate/partner
relationships, training and guidance, the firm's pro bono approach, and
the likelihood of the associate remaining at the firm in two years.
Vault. Patterson Belknap ranked in the top 100 law firms in one of the
country's most prestigious rankings for law students. The ranking is
based on surveys of 15,000+ associates who rank the prestige of their
New Partners and Counsel. Building on the firm's success over the last year, we have
added several talented partners and counsel and most recently named three firm attorneys
to the partnership as of January 1, 2010.
new partners & counsel
new partners & counsel
Geoffrey Potter, Litigation Partner, March 2009. Geoff heads the firm's Anti-Counterfeiting
Law Practice Team, litigating counterfeiting and product diversion cases. He also litigates
complex commercial cases and handles internal investigations.
Daniel C. Glazer, Intellectual Property Transactions Counsel, May 2009. Dan's practice
encompasses all aspects of intellectual property and technology law and corporate transactions.
He also co-founded the firm's Sports Law Group.
Tomer J. Inbar, Tax-Exempt Organizations Partner, June 2009. Tomer advises public
charities, private foundations, colleges and universities, pension funds, museums and
cultural organizations and other 501(c) organizations.
Michael F. Buchanan, Intellectual Property and White Collar Litigation Partner,
September 2009. A former Assistant U.S. Attorney for the District of New Jersey, Mike's
practice focuses on high-stakes intellectual property litigation, particularly pharmaceutical
industry patent disputes, as well as white collar and investigations matters.
Joshua A. Goldberg, White Collar Litigation Counsel, September 2009. Josh is a former
Assistant U.S. Attorney for the Southern District of New York, focusing his practice on
white collar defense, securities fraud and internal investigations.
Michael S. Arlein, Personal Planning Partner, January 2010. Mike's practice focuses on
estate and tax planning for individuals and families, owners of private businesses and corporate
and financial services executives. His work includes estate and trust administration, all
aspects of Surrogate's Court practice, and planning for charitable giving and philanthropy.
Adeel A. Mangi, Litigation Partner, January 2010. Adeel concentrates in complex
commercial disputes, including false advertising, pharmaceutical pricing and False Claims
Act matters, intellectual property litigation, class action defense and employment litigation.
He is also a British Barrister at Law.
Chad J. Peterman, Patent Litigation Partner, January 2010. Chad focuses his practice on
patent and antitrust litigation with an emphasis on the electrical and pharmaceutical arts.
He represents clients in complex ANDA litigations, antitrust litigations and mediations.
He also represents clients in intellectual property transactional matters.
The preceding pages describe some of our achievements in the areas of Intellectual
Property (Patent, False Advertising, Trademark and Copyright), Media, Law Firm Defense
and Mortgage and Credit Crisis Litigation. In other practice areas, as illustrated below,
firm attorneys worked with clients to achieve great results in a variety of matters.
Anti-Counterfeiting. Our Anti-Counterfeiting practice continued to be active, providing
representation to companies in a broad range of industries. For a medical device
manufacturer, we won judgments totaling more than $100 million against 36 individuals
and businesses selling counterfeits. For another client, we collected from counterfeiters
millions of dollars in settlements. Based on the evidence we developed in a civil case,
federal prosecutors in New York and state prosecutors in New Jersey secured guilty pleas
from 11 individuals, six of which are facing sentences of up to 10 years. For other clients,
we provided advice on how to better secure their products against counterfeiting.
Art and Museum Law. Patterson Belknap's Art and Museum practice continues to offer
sophisticated and focused services to art market participants, museums and other cultural
institutions. The group was called on in 2009 to guide museum and foundation clients
through endowment and governance issues, specifically relating to the challenging economic
environment. In addition, the group has served as counsel on major commissions of public
art, including a significant piece for a building in Germany and a piece to be installed at a
U.S. airport. The group has also represented numerous galleries and collectors in both
transactions and disputes. In one recent assignment, we represented a private collector
in connection with an exhibition of her collection at a major European museum.
Business Reorganization and Creditors' Rights. The firm's Business Reorganization
and Creditors' Rights Group worked with clients to navigate a demanding business
environment. The team's diverse international practice spans a broad range of industries.
For example, we have been retained to represent the largest private bank in Brazil in the
U.S. bankruptcy case of a Brazilian company. The firm successfully challenged the
Debtors' attempt to enjoin the client from proceeding against third-party guarantors in the
U.S. The group also represents an Indian company in acquiring a Dutch manufacturer from
a U.S. company in Chapter 11 in Delaware. And the group continues to represent domestic
and international clients with claims resulting from the collapse of Lehman Brothers.
The group is also representing the Official Committee of Unsecured Creditors in the
bankruptcy of a publicly held real estate company that developed and invested in
multi-family properties in various states.
achievements & results
achievements & results
Cross Border Transactions. Among other corporate deals in 2009, our Cross Border
Transactions Team successfully completed a $450 million senior secured note offering for
our client, a leading broadband capacity provider and retail cable operator in the Caribbean
and Central America. The transaction represented one of the largest initial debt offerings
by an emerging market company. A highly complex transaction, the deal required the
coordination of legal teams in multiple jurisdictions throughout the Caribbean on an
expedited timeframe. In addition, in 2009 our Cross Border attorneys provided counsel on
transactions in a multitude of other jurisdictions.
achievements & results
achievements & results
Employee Benefits and Executive Compensation. In 2009, Patterson Belknap's
Employee Benefits and Executive Compensation Group advised a large pension and welfare
fund to ensure proposed health reform legislation did not inadvertently harm employers of the
fund. The group also provided guidance and innovative solutions to a fund's large multiple
employer plan in light of tighter funding rules under the Pension Protection Act as well as
the challenging economic environment of 2009, and assisted other clients in assessing
and implementing new funding-based restrictions on plan distributions required by law.
The group worked with several clients in reviews and substantial redesigns of their benefit
plans and arrangements, including redesigns in light of new economic conditions, as well
as redesigns necessitated by the complex coverage and nondiscrimination rules that apply
to qualified pension plans. The Benefits Group also worked with numerous tax-exempt
organizations to see that they were in compliance with new retirement regulations issued
by the IRS that were first effective in 2009. We kept our clients up-to-date on the latest
laws through regular seminars, alerts, speaking engagements and articles on topics such
as the continuing hot button issue of plan fee disclosures.
Employment. Our Employment Law attorneys continued to litigate employment cases on
behalf of employers and to advise clients ranging from major corporations to not-for-profit
organizations on a wide range of employment law issues. A key litigation accomplishment
was the Second Circuit's affirmance of summary judgment for our client in a putative
nationwide ERISA class action in which the plaintiff claimed that she and thousands of
other employees had not received benefits due to them. On the counseling side, we worked
closely with our clients on issues related to economically-necessitated reductions in force,
such as potential discrimination, WARN Act, and employee misclassification claims,
which were resolved without resulting litigation. We also assisted clients on sensitive
issues including the transition of CEOs and other senior management members from their
roles, whistleblower complaints and employee theft.
Intellectual Property Transactions. Our Intellectual Property Transactions Group
assisted clients including media companies, colleges and universities and financial industry
entities throughout 2009. We counseled several not-for-profit and university publishers
and copyright owners about the consequences of the Google Book Settlement in order to
help them decide whether to participate in or opt out of it. We also advised a client in the
launch of an interactive social media website that achieved the top 10 most-watched list
on Ustream.tv. In addition, we represented a securities industry organization in a
complex technology services arrangement. In May 2009, our team welcomed Dan Glazer,
a widely recognized practitioner with over 10 years of experience handling IP licensing,
technology services arrangements and the IP aspects of domestic and cross border
M&A/Private Equity and Venture Capital. The economic climate of 2009 and early
2010 presented our M&A and Corporate Finance practices with a number of opportunities
to assist our clients in managing through, and in many cases prospering, in the difficult
environment. We represented several of our Private Equity and Venture Capital clients
in their investments in both their existing portfolio companies and in new opportunities.
For a major publishing client, we advised on both divestitures of under-performing units
and strategic acquisitions. For corporate and individual clients, as collateral values and
earnings performance deteriorated, we assisted in renegotiating hundreds of millions
of dollars in both senior and mezzanine debt. We advised several clients in both their
public offerings and Rule 144A/Reg S private capital raises. We represented a leading
electronics company in a divestiture of one of its major business units. And for a start-up
venture attempting to raise venture capital funding in what is arguably the most difficult
financing environment in decades, we closed two rounds of equity financings, the second
of which assumed a $90 million pre-money valuation of our start-up client.
Personal Planning. As previously noted, for the third year in a row, Best Lawyers ®
ranked our Personal Planning Group #1 in New York City and New York State, selecting
several of our partners for recognition. Our attorneys have been working closely with
clients to handle effectively the current uncertainty surrounding the recent important
changes to the estate, gift and generation-skipping transfer tax regime, and have provided
high-profile press commentary on these issues. On the litigation side, in 2009 we
achieved a critical victory for our client, the prevailing beneficiary, in a Surrogate's Court
case involving construction of the decedent's tax apportionment clause.
Products Liability. The firm's Products Liability Team has continued to serve as national
and regional litigation counsel for some of the nation's largest pharmaceutical companies
and manufacturers of various products. Our defense of companies in international and
domestic venues, as well as our ability to work seamlessly with local counsel give our
clients the advantage. For example, this year we won a dismissal for our client of a
single suit which in turn required 47 other cases to be dismissed. Outside the courtroom,
we apply insights gleaned from successful trials when advising clients on the sale and
marketing of new products. As mediation counsel, we secure early, cost-conscious
resolutions that protect our clients' businesses.
achievements & results
achievements & results
achievements & results
achievements & results
Real Estate. Our Real Estate department remained active in handling major office leases
in New York City, including continued representation of landlords such as The Durst
Organization, Forest City Ratner, The Winter Organization and a major institutional pension
fund manager. In addition, we expanded our representation of major law firms in their
leasing of office space in New York City, including representation of Orrick Herrington,
Seward & Kissel and Vinson & Elkins, as well as representing a major media company in
all of its domestic and international real property matters. Other diverse work included
representation of the Official Committee of Unsecured Creditors in the bankruptcy of a
publicly-held real estate company, a major museum in its sale of air rights and an easement
for light and air above its midtown Manhattan location and ING Clarion in connection with
the potential disposition of its property on East 56th Street.
Sports. In the Fall of 2009, Patterson Belknap formally launched its interdisciplinary
Sports Group. The firm's work in this area dates back decades and includes high-profile
disputes and transactions involving professional baseball, basketball, hockey, tennis and
golf, as well as the representation of sports-related media entities. Among other matters
on behalf of various leagues, teams, and other sports-related entities, over the last several
years our attorneys regularly have litigated complex commercial matters, handled sensitive
internal investigations issues, and provided corporate, intellectual property and charitable
giving advice both in high-profile transactions and as day-to-day legal advisors. The Group
includes leading Litigation, White Collar Defense and Investigations, Intellectual Property,
Tax-Exempt Organizations and Corporate attorneys.
Tax. During 2009, the firm's Tax Group continued to provide innovative and tax efficient
solutions in addressing the business needs and individual wealth planning goals of our
clients. For example, we are tax counsel for a multinational industrial company that
makes machine tools for the aerospace, automotive and alternative energy industries.
This representation includes advising on internal consolidations and mergers, financings,
compensation planning, tax treaty issues, as well as complicated tax planning and reporting
issues facing controlled foreign corporations and their U.S. shareholders. We also advised
a manufacturing company on the tax structuring and consequences, including state tax
issues and real property transfer taxes, resulting from a several hundred million dollar
sale. We continue to work hand-in-hand with our Personal Planning Group to structure tax
efficient domestic and foreign trusts to transfer family wealth. Our attorneys counseled
on the evolving U.S. tax reporting laws involving offshore companies and bank accounts.
Litigators both within and outside the firm have called on our tax expertise to bolster their
cases; in one situation we assisted counsel for defendants charged with criminal liability
associated with promoting tax shelters.
Tax-Exempt Organizations. Our Tax-Exempt Organizations Group assisted clients
including private foundations, public charities, museums and other cultural institutions,
colleges and universities and advocacy organizations throughout 2009. Recently, we
established a new educational partnership to promote public school education, helped to
create several new entities devoted to publishing and the arts and have been working with
a client in structuring a global carbon credits program. We counseled many organizations
throughout the year with respect to endowments and investment activity, including issues
arising from the economic downturn such as underwater endowments. We have also
worked on program related investments in the U.S. and abroad, structuring investments
that focus on low income housing, economic development, eco-tourism and health care
delivery. In June 2009, we welcomed new partner Tomer Inbar, a well known exempt
organizations attorney, with over 14 years of experience handling complex tax, corporate
and regulatory matters.
White Collar and Investigations. The firm's White Collar and Investigations Team
added two former federal prosecutors in 2009, Michael F. Buchanan, former chief of the
Securities and Health Care Fraud Unit of the U.S. Attorney's Office for the District of
New Jersey, and Joshua A. Goldberg, formerly of the Securities and Commodities Task
Force of the U.S. Attorney's Office in the Southern District of New York. In 2009, the team
won a rare dismissal of all charges on pretrial motions brought by the Manhattan District
Attorney's Office against a corporate facilities maintenance company. Our client had
been indicted on multiple counts of grand larceny and false records crimes for allegedly
orchestrating a scheme to defraud a governmental agency for whom our client contracted
to provide services. Over the last year we have represented entities and individuals
in criminal and regulatory matters and conducted internal investigations in a variety of
high-profile matters, including: a pharmaceutical manufacturer accused of violating the
federal anti-kickback statute in a False Claims Act action brought by the U.S. Department
of Justice; a New York charity accused of providing unlawful services to the Islamic
Republic of Iran in a civil forfeiture action brought by the U.S. Department of Justice; a
placement agent services company in federal and state regulatory investigations of
alleged "pay-to-play" in soliciting public pension investments; and multiple individuals
involved in criminal and regulatory matters relating to alleged antitrust violations, securities
fraud, tax crimes, and other federal and state offenses.
achievements & results
achievements & results
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©2010 Patterson Belknap Webb & Tyler LLP 03/10 #0475