CHAMBERS USA - Proskauer

CHAMBERS

America’s LeadingLawyers for Business

USA

CHAMBERS & PARTNERSL E G A L P U B L I S H E R S

w w w. c h a m b e r s a n d p a r t n e r s . c o m

2005The Client’s Guide

Proskauer Rose 21/09/2005 10:39 am

Proskauer Rose LLPThe Firm: The nation’s leading sports practiceearns praise for its work for the National Hock-ey League, National Basketball Association andMajor League Baseball. Its experience spansacross a range of disciplines, including football,soccer, tennis and golf. Peers hail the group as“a superbly rounded practice, with great people,great skills and a great knowledge of the field.”

The group has acted for the New York Jets inmatters concerning its proposed $1.3 billionstadium in New York. The project has been fur-ther complicated by a campaign against it, ledby the owners of Madison Square Gardens –which is located four blocks from the site. It isin these difficult situations where the teamthrives, with clients adding:“It understands ourneeds and what we want, and knows when toplay a tactical game and when to hit a homerun.” The team has also been involved in theongoing litigation concerning the ownershipswap of the Montreal Expos and the FloridaMarlins. “It’s not just a great law firm,” a clientsaid; “it’s a business partner.”The Lawyers: This “dream team” of lawyers issaid to parlay some of “the finest skills in thecountry” into successful results. Employmentand labor expert Howard Ganz was recom-mended as “a superb, knowledgeable lawyer,with a delicate and agile touch.” He represented

the NHL in its dispute with the player’s unionover compensation; the case led to a prolongedlockout and cancellation of the season. He alsorepresents the NBA and the MLB in employ-ment matters and various collective bargainingissues. “Corporate guru” Joe Leccese waspraised as “a terrific lawyer – one of the best inthe business.” Combining professionalism with“excellent judgment,” he advised on the struc-ture of NBA’s $1 billion league-wide creditfacility. He also has participated in sports-relat-ed M&A. Bradley Ruskin heads the litigationsection of the sports practice, and is endorsedas “a deep-thinking lawyer with his finger on thepulse.”The Clients: The group has represented threeof the four major US sports leagues, includingthe NHL, NBA and MLB. It also undertakeswork for various NFL teams and advises ATPTour and Major League Soccer.

Proskauer Rose LLPThe Firm: A nationally established employeebenefits and executive compensation group,Proskauer Rose has made strides in ERISA liti-gation with the recruitment of seasoned practi-tioner Howard Shapiro and his team fromShook, Hardy & Bacon in October 2004. Thislateral move is more than likely to pay off giventhe current trend for major class actions, andensures that Proskauer’s marquee clients don’thave to look elsewhere for expert ERISA litiga-tion experience.

The Lawyers: Howard Shapiro brings morethan 25 years of experience to the firm and isunequivocally regarded as a “top-class” player. Inaddition to ERISA class actions, he has also rep-resented management in such matters as pre-emption issues, fiduciary duty, ESOP litigationand 401(k) disputes among others.

PROSKAUER ROSE LLP

CHAMBERS USA 2005 All quotes in the text are from interviews with clients and competitors.

NATIONAL

Proskauer Rose LLPis ranked in Chambers USA 2005 as follows:

ERISA LITIGATION

Leading individuals (ERISA Litigation)� SHAPIRO Howard Proskauer Rose LLP, New Orleans

NationalLeading firms (ERISA Litigation)

� PROSKAUER ROSE LLP

SPORTS LAW

NationalLeading firms (Sports Law)

� PROSKAUER ROSE LLP

Leading individuals (Sports Law)� GANZ Howard Proskauer Rose LLP, New York

LECCESE Joseph Proskauer Rose LLP, New York� RUSKIN Bradley Proskauer Rose LLP, New York


Other Notable PractitionerThe “charismatic”Anthony Oncidi of ProskauerRose LLP has a broad labor and employmentpractice but is renowned for his work advisingthe entertainment industry.

PROSKAUER ROSE LLP

3www.ChambersandPartners.com All quotes in the text are from interviews with clients and competitors.

CALIFORNIA

DISTRICT OF COLUMBIA

EMPLOYMENT MAINLY DEFENDANT

Leading individuals (Employment: Mainly Defendant)

� ONCIDI Anthony Proskauer Rose LLP, Los Angeles

Other Notable Practitioner“Knowledgeable and experienced” Richard Mar-maro at Proskauer Rose LLP is “a good advocatefor clients,” say sources. He focuses on white-col-lar crime and SEC enforcement cases.He recent-ly defended the former CFO of TV Guide in onesuch action.

Proskauer Rose LLPThe Firm: Close collaboration with the firm’sNew York office has bolstered the firm’s abilityto attract a diverse smorgasbord of work.Transactional expertise is offered, but the firmis particularly commended for its “great” copy-right abilities. It is involved in cutting-edgeissues involving new media and technology inaddition to a traditional base of copyright mat-ters. Acting on behalf of the recording andsoftware industries, the firm is battling at theforefront of the Internet’s anti-piracy efforts; ithas also played a leading role in shaping gov-ernment policy for the digital world. IP litiga-tion helps round out the practice.

The Lawyers: The “superbly able” Jon Baumgarten, head of the firm’s IP team, gar-nered praise for his technical brilliance in copy-right law. Having previously served on anumber of government delegations, this pub-lishing expert “knows everything – all of it,”sources said.“He’s a real one-off.”The Clients: The firm’s clientele is generatedfrom the publishing, computer, motion pic-ture, music, communications, arts and Inter-net sectors.

LITIGATION WHITE-COLLAR CRIME & GOVERNMENT INVESTIGATIONS

Leading individuals (Litigation: White-Collar Crime & Government Investigations)

� MARMARO Richard Proskauer Rose LLP, Los Angeles

INTELLECTUAL PROPERTY

Leading firms (Intellectual Property)� PROSKAUER ROSE LLP Washington, DC

Leading individuals (Intellectual Property)

� BAUMGARTEN Jon Proskauer Rose LLP, Wash DC


Other Notable Practitioner“Incredibly practical” Arnold May is “the first per-

son I would turn to if the IRS came knocking,”enthused one satisfied interviewee. This com-ment articulated the instant trust that May typi-cally instills in his clients. He is one of a group ofTesta lawyers who moved over to bolster the newBoston office of Proskauer Rose LLP. May works

at the interface of taxation and private equity,act-ing for institutional investor and fund clients on anational scale. Clients noted that he is “not abra-sive” when dealing with other attorneys, and will“look at a problem from all sides, then come upwith creative ways of avoiding trouble.”

Proskauer Rose LLPThe Firm: This “developing” Massachusetts IPpractice has been shaped by last year’s arrivalsfrom the now defunct legal outfit Testa Hurwitz& Thibeault. Although the national firm is newto Boston, onlookers agree it is a prominent play-

er in the market that is tipped to grow. The firm’sestablished experience in entertainment, sportand music is now combined with “some of thebest and brightest” local lawyers on the biotechand software side.Alongside New England-basedtechnology companies, the firm advises clientsacross the USA on patent litigation and prosecu-tion, copyright and trademark issues. Clientspraise the strength of “creative” senior and mid-level attorneys who don’t “over-lawyer” whileremaining “business-focused.” They “won’t forcethe law down our throats,” said one source.The Lawyers: “Tenacious, energetic” and popularwith clients, patent litigation head Steven Baueris “up there with the luminaries in the field.”Sources appreciate his level of commitment totheir cause and “aggressive” defense of their inter-

ests – “he will push his head through a brick wallfor you.” While winning plaudits for his ability to“resolve a dispute before it turns into a multimil-lion-dollar case,” he was also commended in thecourtroom for “getting to the core weakness of theopposition’s case and drilling in on it.” “Competentand bright,” Joseph Capraro leads the firm’sportfolio development and patent prosecutionspecialties. He is particularly recommended forhis work on patent disclosure and trademarks.Praised for the depth of his technical expertise,heis credited with bringing “significant value” toclients’ IP portfolios.The Clients: RSA Security; Descartes SystemsGroup; Bessemer Ventures Partners; HelicosBiosciences; MKS Instruments; Hyperthermand Candela.

Proskauer Rose LLPThe Firm: Following the vote to disband Testa,Hurwitz & Thibeault, the core of its fund forma-tion team joined this firm, catapulting it into theheart of the Boston private equity market.Sources across the USA agree that this group

combines some of the “deepest and most experi-enced in the country.” While winning nationalplaudits for its expertise, particularly along theWest Coast, the team also attracts global recog-nition for its fund work in Germany, Israel andthe UK. A major player in the state’s private equi-ty market, the group has attracted a loyal follow-ing of venture funds, institutional investors, andlimited partnerships based within Massachu-setts. According to sources, “knowledgeable andtechnically experienced” attorneys at the firmremain “head and shoulders above the rest.”The Lawyers: Robin Painter is widely recog-nized for her expertise in international venturecapital fund formation. She recently assistedCharles River Ventures in forming their twelfthfund and represented a syndicate of blue-chipfoundations and university endowments.“Exceptionally bright” David Tegeler hasimpressed market commentators with detailedknowledge of venture capital fund formation

work. He is experienced in representing bothgeneral and limited partners. “Absolutely out-standing” Daniel Finkelman is an establishedfigure in the private equity market. Clientsappreciate that he has an “understanding of thescience of fund formation” that is so deep that he“knows what everyone else is doing as well.”“Excellent and trusted counselor” MalcolmNicholls is tipped to be a prominent player ashe continues to gain experience across thebreadth of private equity fund formation advice.He has represented private equity fund man-agers in both domestic and foreign fund forma-tion projects, alongside his work withinstitutional investors and investment advisers.Among peers, he wins plaudits for being “rea-sonable and easy to deal with.”The Clients: A range of international generaland limited partners are represented by theteam, alongside institutional investors.

PROSKAUER ROSE LLP

4 CHAMBERS USA 2005 All quotes in the text are from interviews with clients and competitors.

INTELLECTUAL PROPERTY

MassachusettsLeading firms (Intellectual Property)

� PROSKAUER ROSE LLP Boston

MASSACHUSETTS

Leading individuals (Intellectual Property)

� BAUER Steven Proskauer Rose LLP, Boston� CAPRARO Joseph Proskauer Rose LLP, Boston

PRIVATE EQUITY FUND FORMATION

MassachusettsLeading firms (Private Equity: Fund Formation)

� PROSKAUER ROSE LLP Boston

Leading individuals (Private Equity: Fund Formation)

� PAINTER Robin Proskauer Rose LLP, Boston� FINKELMAN Daniel Proskauer Rose LLP, Boston

TEGELER David Proskauer Rose LLP, Boston

Up-and-coming individualsNICHOLLS III Malcolm Proskauer Rose LLP, Boston

TAX

Leading individuals (Tax)� MAY Arnold Proskauer Rose LLP, Boston


Proskauer Rose LLPThe Firm: This practice’s profile has undeni-ably been on the rise. From its Newark office,

the firm fields 40 attorneys who work on labor,employment and employee benefits issues aswell as immigration law. The firm’s superbbackup across these sectors pleases clients, whosay its attorneys “have come up with great resultsand have been extremely successful on ourbehalf.” The firm is experienced not just inindividual suits but also class actions facing itsbroad range of clients drawn from, among oth-ers, the manufacturing, retail, transport andfinancial services sectors. This “personable andresponsive” practice has won the hearts ofclients as well as proving itself capable ofassertive market expansion.The Lawyers: Marvin Goldstein has been aninstrumental factor in the firm’s profile in NewJersey. Many major clients have followed hispractice (he was a Grotta Glassman attorney

several years ago), and he has been able toleverage Proskauer’s national brand name forquality employment law advice. Head of theNewark office, he is respected as a “practical”attorney with excellent experience. With morethan 20 years of experience in the sector,Lawrence Sandak is praised for his superbcontrol of the “nuts and bolts of litigation.” Histrial experience, particularly in discriminationactions, is highly valued by his broad clientbase, which includes media corporations,financial services companies and educationalinstitutions. “Experienced, smart and reliable,”he is one of the firm’s key practitioners.Edward Cerasia is an up-and-coming attorneywho is an expert on employment and benefitsissues, providing an “extremely responsive”client service.

Proskauer Rose LLPThe Firm: According to interviewees, thisgroup’s strength lies in its debtor practice.Here ithas acted for clients from a range of industries,and handled such high-profile mandates as act-ing as bankruptcy counsel to Advanced Glass-fiber Yarns. The team also guided Frank’sNursery & Crafts through its Chapter 11 bank-ruptcy and consequent sale of assets, and hasadvised on a number of workouts in the retailand telecom sectors. It frequently works in tan-dem with the firm’s corporate group to handledistressed M&A transactions.Work on behalf ofcreditors is also a feature of the workload. Of

late, this has included international deals, suchas representing major bondholders of an Argen-tine cable company in a Section 304 proceedingand related litigation.The Lawyers: A “tremendous talent,” AlanHyman impresses clients as someone who is“unbelievably easy to deal with” and who bringsa keen sense of humor to the negotiating table.He is also popular with peers, who note that “hecan fashion a deal at any time.”The Clients: Debtors account for the largestcomponent of the group’s client base,although italso acts for creditors and commercial landlords.

Proskauer Rose LLPThe Firm: Clients declared they are “proud” ofthis cadre of “responsive and efficient” attorneys,

who also provide the added bonus of being “rea-sonable in terms of cost.” One of the largest tradi-tional New York firms, it is able to draw on theresources provided by four other offices, includ-ing one in Paris. International work provides astrong backbone to the firm’s M&A profile, forexample it co-counseled Votorantim Metais onits acquisition of 99% of Sociedad MineraRefineria de Zinc de Cajamarquilla for $210 mil-lion. The firm also advised The Laird Group on

its acquisition of Centurion Wireless Technolo-gies for a total cash and stock consideration of£106.8 million.The Clients: Other highlights include actingfor DNE Systems – previously a subsidiary ofThe Alpine Group – in a $40 million takeoverby Ultra Electronics Holdings. Other clientsinclude Charterhouse Group International,National Basketball Association, Alcatel andGray Television.

PROSKAUER ROSE LLP


NEW JERSEY

NEW YORK


New JerseyLeading firms (Employment: Mainly Defendant)

� PROSKAUER ROSE LLP Newark


� GOLDSTEIN Marvin Proskauer Rose LLP, Newark

SANDAK Lawrence Proskauer Rose LLP, Newark

Up-and-coming individualsCERASIA Edward Proskauer Rose LLP, Newark

BANKRUPTCY/RESTRUCTURING

New YorkLeading firms (Bankruptcy/Restructuring)

� PROSKAUER ROSE LLP New York

Leading individuals(Bankruptcy/Restructuring)

� HYMAN Alan Proskauer Rose LLP, New York

CORPORATE/M&A: MID-TIER FIRMS

New YorkLeading firms (Corporate/M&A: Mid-Tier Firms)



Proskauer Rose LLPThe Firm: Safeguarding its position as the “bigdaddy in town,” it scores highly for its broad-based practice, quality clients and considerablemarket share. The firm houses the largest groupof dedicated labor and employment attorneysin New York and as a long-established outfit,boasts a stellar track record. Interviewees werequick to praise its ranks of exceptional lawyersnot simply for their legal application, but also

for “understanding the practical needs of theclient.” As well as tackling the full gamut ofemployment counseling and disputes, the firmhas a healthy traditional labor practice, han-dling high-profile bargaining negotiations withtrade unions.The Lawyers: Clients value the “first-rate”Allen Fagin for his “practical advice – designedto meet the needs of the business.” An experiencedlitigator he serves as nationwide coordinatingcounsel for all the firm’s employment litigation.In the past year he acted on numerous whistle-blowing cases brought under Sarbanes-Oxley,major wage and hour class actions and nation-wide gender discrimination suits. Similarly“outstanding” for her “practical, thoughtful andresponsive” approach, Betsy Plevan typicallyacts on key discrimination cases for high-pro-file clients concerning age, national origin andsex. In the employee benefits arena, she handlesmajor class actions and recently acted for theAmerican Federation of Television and RadioArtists (AFTRA) in the settlement of its ten-year-old case. Both Fagin and Plevan representa deep pool of financial services clients.“Street-

smart and savvy” Howard Ganz cochairs thedepartment and counsels an impressive ros-trum of illustrious sports clients, including theNBA, the WNBA and MLB. Commentatorspraise his “sound judgment” and “brilliant advo-cacy skills,” noting that he brings years of expe-rience in collective bargaining and employmentlitigation to the table. “Results-focused” PaulSalvatore is highly regarded by clients as a“problem solver who is passionate about his cases.”Recent work includes successfully resolving col-lective bargaining negotiations on behalf of theRealty Advisory Board on Labor Relations, con-cerning a health plan covering 40,000 employ-ees in the real estate industry. Bernard Plum isalso active in bargaining negotiations fornumerous high-profile clients including theNew York Times, Dow Jones and the League ofAmerican Theatres and Producers. “Adept atreading the other side,” clients say, he is “creativein fashioning solutions.”The Clients: MetLife; Bear Stearns; Coca-Cola Enterprises; AIG; Goldman Sachs; Bristol-Myers Squibb; Citigroup and Ernst & Young.

Proskauer Rose LLPThe Firm: The ECEB team operates in con-junction with the firm’s leading tax and laborgroups. In a notable development, the firm hasopened a New Orleans office specializing inERISA litigation, arbitration and mediationunder the command of seasoned attorneyHoward Shapiro. It also fields attorneys experi-enced in troubled plans under governmentinvestigation for major fraud, a practice areaheaded by New York partner Rory Albert. Otherexpertise lies in employee benefits advice to tax-exempt organizations such as hospitals, univer-sities and museums. The team also handlespension plan investments, for example, repre-

senting Verizon Retirement Plan in more than$1 billion worth of alternative investments.The Lawyers: Renowned as a “tough negotia-tor” Michael Sirkin earns peer respect for histraditional executive compensation, employeebenefits and pension practice. He frequentlyrepresents management teams in IPOs andM&A. In addition, he is considered an authori-ty in the nonprofit arena.The Clients: Alliance Capital Management;Amerada Hess; American Standard; BearStearns; Foot Locker; Mount Sinai Medical Cen-ter; Smith Barney Division of Citigroup and TheMetropolitan Museum of Art.

PROSKAUER ROSE LLP


EMPLOYEE BENEFITS & EXECUTIVE COMPENSATION

New YorkLeading firms (Employee Benefits & Executive Compensation)


Leading individuals (Employee Benefits & Executive Compensation)

� SIRKIN Michael Proskauer Rose LLP, New York


New YorkLeading firms (Employment: Mainly Defendant)



� FAGIN Allen Proskauer Rose LLP, New York

PLEVAN Bettina Proskauer Rose LLP, New York� GANZ Howard Proskauer Rose LLP, New York

SALVATORE Paul Proskauer Rose LLP, New York� PLUM Bernard Proskauer Rose LLP, New York


Proskauer Rose LLPThe Firm: Respected for its expertise on behalfof policyholders, the practice benefits from thefirm’s enduring profile in litigation. The groupwas involved in one of 2004’s most prominentverdicts, acting as co-counsel for SilversteinProperties in the second trial of the WorldTrade Center insurance coverage litigation. Thecase sent ripples through the insurance indus-try when a federal jury determined that the9/11 terrorist attacks at the World Trade Cen-

ter should be treated as two occurrences,enabling Silverstein to recover up to an addi-tional $1.1 billion from nine insurance compa-nies above the limit for a single occurrence.The Lawyers: Seen as “smart and experienced”on the policyholder side, John Gross earnedkudos for his involvement in the World TradeCenter litigation.The Clients: Silverstein Properties; BearStearns; International Paper; JPMorgan Chase;Lucent and Omnicom.

Proskauer Rose LLPThe Firm: Market commentators paint a pictureof a lively practice,endowed with strong manage-ment and a broad spread of work. As well asrespect for its regulatory depth, the firm has alsoearned praise for its transactional prowess. Intruth, much of its activities lie squarely in thetransactional camp, with far lower levels ofenforcement-related work carried out by attor-neys.Brownfields and Superfund matters certain-ly have their place, with work covering New Yorkand New Jersey, as well as California. Last year’shighlight – working with GE on PCB issues in theHudson – looks to have provided some notablefollow-up work in solid waste management.The Lawyers: “Combining a strong intellectwith tenacity,” Robert Kafin impresses clientswith his environmental knowledge and the rigorand managerial skills essential to the job of chiefoperating partner at the firm. By all accounts he

manages both legal and management roles withequal aplomb. Peers agree that he is an “impres-sive and articulate thinker,” who is capable ofproducing “creative solutions.” Kafin has wit-nessed a boom in transactional work over thelast few years, though his talents as an all-rounder have ensured he remains active in liti-gation and regulatory matters. Gail Port isprimarily a transactional expert. “Very energeticand intelligent,” her work is good in all areas. Aformer general counsel to the New York StateUrban Development Corporation and a formerchair of the New York State Bar Association’sEnvironmental Law Section, she is a long-stand-ing and respected member of the New York Bar.The Clients: The firm acts for many large cor-porations including GE. Non-transactionalclients include those in heavy industries (forexample metals and chemicals) and real estate.

Proskauer Rose LLPThe Firm: The practice is perceived to hinge onits cochair Ed Kornreich, and is bolstered by asomewhat larger DC presence, commentatorssaid. In addition, the firm’s vast resources meanthat the group inevitably participates in some of

the industry’s most prominent healthcare matters.One of its drawing cards is its regulatory strength,for example,assisting Texas Pacific Group in com-pliance matters relating to its $1.4 billion purchaseof a controlling interest in IASIS Healthcare,a 15-hospital system based in Nashville, Tennessee.Other expertise includes healthcare transactionsand reimbursement issues. The practice has rep-resented a major New York academic medical cen-ter with respect to a federal False Claims Actinvestigation involving potential overpaymentstotaling about $50 million.The Lawyers: Cochair of the firm’s healthcaredepartment, Ed Kornreich focuses on regulatorydue diligence and compliance as part of a broad-

er practice that also includes transactional andhealthcare payment issues.The Clients: The team advised Avalon HealthCare in relation to its acquisition of 23 skillednursing facilities. Other clients include: GreaterNew York Hospital Association; ContinuumHealth Partners; Hospital for Special Surgery;Memorial Sloan-Kettering Cancer Center; Fre-senius Medical Care North America; CON-MED; Lenox Hill Hospital; Celgene; ImCloneSystems; Maimonides Medical Center; MountSinai Hospital; New York Organ Donor Net-work; Catholic Health Services of Long Island;Promise Healthcare; Radiology Corporation ofAmerica and Oxford Coverage.

PROSKAUER ROSE LLP


ENVIRONMENT

New YorkLeading firms (Environment)


Leading individuals (Environment)� KAFIN Robert Proskauer Rose LLP, New York

Leading firms (Environment: Mainly Transactional)


Leading individuals (Environment: Mainly Transactional)

� KAFIN Robert Proskauer Rose LLP, New York� PORT Gail Proskauer Rose LLP, New York

HEALTHCARE

Leading individuals (Healthcare)� KORNREICH Edward Proskauer Rose LLP, New York

New YorkLeading firms (Healthcare)


INSURANCE DISPUTE RESOLUTION

New YorkLeading firms (Insurance: Dispute Resolution)


Leading individuals(Insurance: Dispute Resolution)

� GROSS John Proskauer Rose LLP, New York


Proskauer Rose LLPThe Firm: The practice is a recognized pres-ence in real estate development, leasing andlending. However, it also demonstrates author-ity in the related securities, financing and loans,including work on private real estate funds andREITs. The team worked with Vornado RealtyTrust on the lease to Citibank of a new, mixed-

use development on the site of the formerAlexander’s department store at 731 LexingtonAvenue. This followed its participation in leas-ing negotiations concerning a 700,000-sq-ftproperty to Bloomberg for its new world head-quarters. A “traditional, hard negotiating style”is allied to long-term experience to deliver pro-ficiency on a range of products. In anotherprestigious highlight, the team also representedJD Carlisle on the development, financing, leas-ing and sale of a cancer treatment center at NewYork University Hospital.The Lawyers: Lawrence Lipson is frequentlyfeted for his development work and assistanceon major leases. At the core of his practice arefinancings and the creation of private equityfunds.“A great lawyer and tougher than most,” heis widely respected for his “encyclopedic knowl-

edge of the law.” He worked with DLJ Real EstateCapital Partners and JD Carlisle on several pro-ceedings, including the joint venture develop-ments of the Morton Square residentialcomplex and the Cielo condominium tower.Rising star Ronald Sernau is primarily associ-ated with leasing on behalf of a loyal client base.The Clients: The firm worked with both Bar-clays and Wachovia Bank regarding the origina-tion of numerous mortgage and mezzanineloans, ranging from $15 million to $300 million.The team, which comprises more than 30lawyers, also assisted Wachovia Bank on the $88million financing of Ritz Carlton Hotel in NewOrleans, Louisiana. Other clients include Bankof Scotland; Citigroup; DLJ Real Estate CapitalPartners; GMAC; JD Carlisle; McDonald’s; Mor-gan Stanley; UJA and Vornado Realty Trust.

Proskauer Rose LLPThe Firm: Again, active on both East and Westcoasts, Proskauer Rose offers New York attorneys

with expertise in publishing, music, theatre andfilm. It combines a strong First Amendment andcopyright practice with capability in libel, rightsof privacy and publicity, unfair competition, roy-alty disputes and finance. Market commentatorsregard it as “a focused firm with a rich skill set.”The Lawyers: IP expert Charles Sims is “avery intelligent, but highly practical guy. He isdirect and doesn’t overcomplicate things.” Adeptat copyright issues and matters concerning newtechnologies, he represents LexisNexis in threeongoing national copyright cases. These concernclaims for damages by authors whose articleshave been included on the Nexis database, butwhich Nexis contends is authorized by rightsduties transferred by newspapers and maga-zines. He has also defended The New York

Times and The Discovery Channel in classaction litigation. New to this year’s guide isCharles Ortner, who is highly regarded for hislitigation and IP skills. He has a particular repu-tation in the music business, and in the past yearacted for EMI Music Publishing on a landmarklicensing agreement with Sony BMG MusicEntertainment for the exploitation of new tech-nology including ring tones, the new DualDiscFormat and digital video distribution.The Clients: Corporate clients include BMG;EMI; Warner Bros. Records; Warner ChappellMusic and Wind-Up Records. Charles Ortnerhas also represented such artists as Madonna,Michael Jackson, Shania Twain, Lauryn Hill,Whitney Houston and Jon Bon Jovi.

PROSKAUER ROSE LLP


MEDIA & ENTERTAINMENT LITIGATION

Leading individuals (Media & Entertainment: Litigation)

� SIMS Charles Proskauer Rose LLP, New York� ORTNER Charles Proskauer Rose LLP, New York

New YorkLeading firms (Media & Entertainment: Litigation)


REAL ESTATE

New YorkLeading firms (Real Estate)


Leading individuals (Real Estate)� LIPSON Lawrence Proskauer Rose LLP, New York� SERNAU Ronald Proskauer Rose LLP, New York


PROSKAUER ROSE LLP


National Leaders

Leaders in CaliforniaMARMARO, RichardProskauer Rose LLP, Los Angeles 310 284 [email protected]

Recommended in Litigation

Practice Areas: White collarcriminal defense, SEC litigationand complex civil litigation. He hassuccessfully defended individualsand corporations in all phases ofcomplex civil, criminal and regula-tory matters including thoseinvolving allegations of insidertrading, accounting and disclosureirregularities, market manipula-tion, and other financial frauds. Hehas also conducted numerousinternal corporate investigations

for Fortune 500 companies, involv-ing issues including insider tradingallegations, tax violations, and cor-porate opportunity issues.Personal: Graduated with high-est honors from George Washing-ton University, where he waselected to Phi Beta Kappa. He is agraduate of New York UniversityLaw School, where he was theExecutive Editor of the ‘Journal ofInternational of Law and Politics’.

ONCIDI, Anthony JProskauer Rose LLP, Los Angeles 310 284 [email protected]

Recommended in Employment

Practice Areas: A Partner atProskauer Rose, and the Chair ofthe Labor and EmploymentDepartment in the Los Angelesoffice. He represents employers inall aspects of labor relations andemployment law, including litiga-tion and preventive counseling,wrongful termination, employeediscipline, Title VII and the Cali-fornia Fair Employment andHousing Act, union-relatedissues, wage and hour matters,executive employment contractdisputes, employee handbooksand personnel policies, sexualharassment training and investi-gations, workplace violence, drug

testing and privacy issues, confi-dential information, trade secretprotection and collective bargain-ing. A substantial portion of hispractice involves the defense ofemployers in class action wageand hour, employment discrimi-nation and wrongful terminationlitigation in both state and federalcourt. He also has experience intrade secret and unfair competi-tion litigation and the defense ofsexual harassment, discrimina-tion, breach of contract anddefamation lawsuits.Career: Co-author of the treatiseentitled ‘Employment Discrimi-nation Depositions’ (Juris Pub.

GANZ, HowardProskauer Rose LLP, New York 212 969 3035

Recommended in Employment,SportPlease see New York for profile

LECCESE, Joseph MProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Sport

Practice Areas: A Partner inProskauer Rose LLP’s CorporateDepartment, he has a broad-based corporate practice withparticular emphasis on the repre-sentation of professional sportsleagues and teams and companiesengaged in various media andcommunications businessesincluding numerous matters forthe National Basketball Associa-tion, the National Hockey League,and ATP Tour, as well as a num-ber of individual sports teamsand other sports-related entities,including the NBA’s recentlycompleted $1 billion League-widecredit facility; the NBA’s expan-sion in 2002 to Charlotte; NorthCarolina, and the related arenalease and development negotia-tions; the lease, development andfinancing of the PhiladelphiaEagles’ new football-based stadi-um; the ATP Tour’s $1.2 billiontransaction with ISL relating tothe worldwide television andmarketing rights to the ATP

World Championships and Super9 Tournaments; the formationand structuring of the Women’sNational Basketball Association.His media and communicationsexperience includes numerousacquisitions, dispositions and pri-vate and public financings relat-ing to cable television systems,network and independent televi-sion stations, radio stations, mag-azines and other publishing, andtrade shows.Personal: University of VirginiaLaw School, JD, 1985 Member,Virginia Law Review, 1983-85.Georgetown University, BA, cumlaude, 1982.

RUSKIN, Bradley IProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Sport

Practice Areas: A Partner inProskauer Rose LLP’s Litigationand Dispute Resolution Depart-ment and a member of the firm’sExecutive Committee. A signifi-cant portion of his practice isdedicated to litigating issues andcounseling clients active in thesports business. Among theleague clients for whom he per-forms services are the NationalHockey League, Major LeagueSoccer, the National BasketballAssociation, the ATP, and theWTA. In addition, he has repre-

sented ownership groups andclubs in each of the major USsports (including the FloridaMarlins, the New York Jets, thePhiladelphia Eagles and the NewJersey Devils), and media compa-nies in sports-related disputes.Career: He also regularly han-dles a wide range of litigated mat-ters for media and entertainmentcompanies, and financial servicescompanies, including contract,fraud, licensing, antitrust, trade-mark, franchising, partnership,intra-corporate, bankruptcy,unfair competition, and othercommercial disputes. He has alsolitigated trust matters throughoutthe country in various federal andstate courts and in domestic andinternational arbitral forums, andhas handled proceedings (alongwith foreign co-counsel) beforethe European Commission andthe Office of Fair Trading.Personal: New York UniversitySchool of Law, JD, 1981. BrownUniversity, AB, 1978.

SHAPIRO, HowardProskauer Rose LLP, New Orleans 504 310 [email protected]

Recommended in Litigation

Practice Areas: Partner atProskauer Rose LLP. NationalERISA litigation practice focuseson defending matters raisingsophisticated preemption issues;

fiduciary issues; fiduciary misrep-resentation claims; ESOP litiga-tion issues; 401(k) plan issues;blackout period cases; plan assetdiversification issues; prohibitedtransaction allegations; directedtrustee issues; cash balance cases;independent contractor litigation;‘serious consideration’ cases;retiree rights litigation; severancepay cases; executive compensa-tion/‘top hat’ litigation; Section510 cases; benefit claims cases;ERISA class actions; and class-wide challenges to plans that donot offer contraception benefits.He has appeared in federal courtsfrom coast to coast, maintainingan active national ERISA litiga-tion practice.Prof. Memberships: Chair ofthe Section of Labor and Employ-ment Law, American Bar Associa-tion. Past Chair of the Joint Com-mittee on Employee Benefits(ABA). Also past Chair of theEmployee Benefits Committee,Section of Labor and Employ-ment Law (ABA).Personal: BA Tulane University,New Orleans, LA, May 1972; MAHistory, McGill University, Mon-treal, Quebec, November 1975;JD Loyola University of NewOrleans, LA, May 1979.


BAUER, Steven MProskauer Rose LLP, Boston 617 526 [email protected]

Recommended in Intellectual Property

Practice Areas: A Partner inProskauer Rose’s Patent LitigationDispute Resolution Group andHead of the firm’s Boston office.He has over 20 years of experienceconcentrating exclusively in com-plex patent and other intellectualproperty enforcement, litigationand dispute resolution. He hasbeen lead trial counsel in litiga-tions involving medical devices;software, encryption and businessmethod processes; high-energyplasma systems; telecommunica-tions and cable industry technolo-gy; nanotechnology; polymerchemistry; blood gas and genetictesting kits; high temperaturesuperconductors; and digital com-pression techniques.Prof. Memberships: An activemember of the Roster of Neutralsof the American Arbitration Asso-ciation; is vice-chair of the Litiga-tion Committee of the IntellectualProperty Owners’ Association; wasan Editor of the AIPLA QuarterlyJournal.Publications: He has published anumber of papers, speaks regularlyto leading patent law and industrygroups (e.g., The Sedona Confer-

ence, MIT Sloan School, NationalBureau of Economic Research,MCLE, BU Law School, BC LawSchool), and has been quotedoften in the national press on intel-lectual property issues (e.g., ‘TheEconomist’, Associated Press,‘InfoWorld’, ‘Boston Business Jour-nal’ and Reuters.)Personal: Boston UniversitySchool of Law, JD, 1983. Massa-chusetts Institute of Technology,MS, 1980. Massachusetts Instituteof Technology, BS, 1979.

CAPRARO Jr, Joseph AProskauer Rose LLP, Boston 617 526 [email protected]

Recommended in Intellectual Property

Practice Areas: A Partner in thePatent Law and Intellectual Prop-erty Practice Groups at ProskauerRose LLP. He provides clients withpractical legal advice across theentire spectrum of intellectualproperty areas. He represents tech-nology start-ups as well as privateand public emerging technologycompanies, and spends much ofhis time working with companieshaving products in the engineeringarts, with particular emphasis onplasma devices, semiconductorequipment, power supplies, med-ical lasers, image processingdevices, optical components, med-

ical devices, alternative energytechnologies, financial servicessoftware, and telecommunicationsdevices and software. He worksclosely with clients in developingnational and international patentand trademark portfolios. Hisexperience in the area of patentprosecution includes basic prose-cution issues as well as patent reis-sue and re-examination proceed-ings in the United States and inpatent opposition proceedingsthroughout the world. He hasextensive experience in the area oftechnology and intellectual prop-erty licensing, and has also partici-pated in numerous intellectualproperty litigations and in alterna-tive dispute resolution of intellec-tual property matters, involvingpatents, trademarks, copyrightsand trade secrets.Personal: Suffolk University LawSchool, JD, cum laude, 1993. TuftsUniversity, BS, magna cum laude,1985.

FINKELMAN, Daniel PProskauer Rose LLP, Boston 617 526 [email protected]

Recommended in Private Equity

Practice Areas: A Partner atProskauer Rose, he has over 25years of experience in the privateequity field. He concentrates in the

representation of private equityfunds, including independent ven-ture capital funds, corporate-spon-sored venture capital funds, off-shore and multi-national venturecapital funds, and fund-of-funds.He also represents institutionalfund investors. His principal activ-ities on behalf of funds haveincluded capital formations, port-folio investments, sales and distrib-utions, internal governance, sec-ondary transactions, and adminis-tration. He has represented fundsin raising over $15 billion of com-mitted capital.Personal: Columbia UniversitySchool of Law, JD, 1972; HarlanFiske Stone Scholar. ColumbiaUniversity, MBA, 1972. Clark Uni-versity, AB, cum laude, 1968; PhiBeta Kappa.

MAY, Arnold PProskauer Rose LLP, Boston 617 526 [email protected]

Recommended in Tax

Practice Areas: A Partner in thefirm’s Tax Department and amember of the Private EquityGroup. His practice focuses on taxplanning for private equity fundmanagers in connection with theirfund-raising and internal organi-zational matters, as well as invest-ment activities. In addition, he rep-

PROSKAUER ROSE LLP


Leaders in District of ColumbiaBAUMGARTEN, JonProskauer Rose LLP, Washington, DC 202 416 [email protected]

Recommended in IntellectualProperty

Practice Areas: He is widelyrecognized as one of the country’sleading domestic and interna-tional intellectual propertylawyers, with particular emphasisin copyright matters. Emphasison domestic and internationalcopyright, licensing, contract, liti-gation and related matters per-

taining to the publishing, com-puter, motion picture, music andrecording, communications, artsand internet communities.Prof. Memberships: Serves onseveral bar association commit-tees on copyright and is pastChair of the Committee on Inter-national Copyright of the Sectionof Patent, Trademark and Copy-right Law of the American BarAssociation. He is a member ofthe Editorial Board of the ‘Copy-right Society’s Journal’, the Advi-

sory Boards of the ‘Patent, Trade-mark and Copyright Journal’,‘World Intellectual PropertyReport’, ‘Computer Lawyer’ and‘Journal of Proprietary Rights’,and was a founding director ofthe American Copyright Council,the Computer Law Association,the DC Computer Law Forumand Washington Area Lawyers forthe Arts.Publications: Author of numer-ous articles and a book entitled‘U.S.-U.S.S.R. Copyright Rela-

tions Under the Universal Copy-right Convention.’Personal: City College of theCity University of New York, BA,1964. New York University Schoolof Law, LLB, 1967; Research Edi-tor, ‘New York University LawReview’, 1966-67.

Leaders in Massachusetts

2004; www.jurispub.com) and,since 1990, has been a columnistfor the official publication of theState Bar of California, ‘The Cali-

fornia Labor & Employment LawReview’, and ‘The Los AngelesDaily Journal.’Personal: University of Chicago

Law School, JD, 1984. PomonaCollege, BA, cum laude, 1981; PhiBeta Kappa.


CERASIA, EdwardProskauer Rose LLP, Newark 973 274 [email protected]


Practice Areas: A Partner inProskauer Rose LLP’s Labor andEmployment Law Department, hehas significant experience han-dling labor, employment andemployee benefits law matters inthe financial services, transporta-tion, media, pharmaceutical,telecommunications and retailindustries. He regularly representsemployers in labor arbitration,handles unfair labor practicecharges and representation mattersbefore the NLRB and negotiatescollective bargaining agreements.He also spends a substantialamount of his time counselingclients on how to avoid litigation.Publications: In 2004, he was acontributing author on the amicus

brief that Proskauer submitted tothe US Supreme Court on behalfof the Society of Human ResourceManagement in Pennsylvania StatePolice v Suders, 124 S. Ct. 2342(2004). He also co-authored theamicus brief that Proskauer sub-mitted to the New Jersey SupremeCourt on behalf of the EmployersAssociation of New Jersey in Gere-ty v Atlantic City Hilton CasinoResort (2005).Personal: University of Bridge-port School of Law (N/K/A Quin-nipiac University School of Law),JD, summa cum laude, 1991 editor,University of Bridgeport LawReview, 1990-91. Syracuse Univer-sity, BS, 1987.

GOLDSTEIN, Marvin MProskauer Rose LLP, Newark 973 274 [email protected]


Practice Areas: A Partner in theLabor and Employment LawDepartment and Head of the firm’sNewark office, he has a nationwidepractice where he representsemployers in all aspects of labor andemployee relations in both state andfederal courts. He also representsemployers in labor arbitration andbefore administrative boards suchas the NLRB and various civil rightsagencies. In addition, he representsemployers in the securities industrywhere he regularly arbitratesemployment matters before theNASD and the New York StockExchange.Career: He has been recognizedas one of the ‘Best Lawyers inAmerica’ for the past 25 years andwas ranked among the top fivepercent of the lawyers in the stateof New Jersey by ‘New JerseyMonthly’ magazine.

Publications: An active speakerand writer on labor and employ-ment law issues, he is also co-editorof West Publishing’s New JerseyPractice treatise entitled ‘Employ-ment Law’, which was published in1998 and is updated annually.Personal: Boston UniversitySchool of Law, JD, 1969. CornellUniversity, BA, 1966.

SANDAK, LawrenceProskauer Rose LLP, Newark 973 274 [email protected]


Practice Areas: A Partner inProskauer Rose LLP’s Labor andEmployment Law Department, hehas more than 20 years of employ-ment law experience.As a triallawyer and civil litigator, he defendsemployers accused of discrimina-tion, retaliation, sexual harassment,breach of contract, and wage and

PROSKAUER ROSE LLP


Leaders in New Jersey

resents US and non-US investorsin connection with their invest-ments in venture capital funds,buyout funds, hedge funds andother investment partnerships. Inthis capacity, as well as in connec-tion with advising private equityfunds with respect to their invest-ment activities, he regularly advis-es on international tax issues thatarise in connection with invest-ments in the US by non-USinvestors (including non-USinvestors subject to special US taxtreatment, such as governmentalpension plans and tax-exemptorganizations), as well as invest-ments outside of the US by USpersons. He also has significantexperience structuring tax-freeand taxable mergers and acquisi-tions (including cross-bordertransactions), equity compensa-tion arrangements and innovativefinancing techniques for invest-ments in tax transparent entitiessuch as partnerships, limited lia-bility companies and SubchapterS corporations.Personal: University of FloridaCollege of Law, LLM, 1994. Uni-versity of San Diego School ofLaw, JD, 1993. Rutgers College,BA, 1990.

NICHOLLS III, Malcolm BProskauer Rose LLP, Boston 617 526 [email protected]


Practice Areas: A Partner inthe firm’s Corporate Departmentand a member of the PrivateEquity Group. He concentrates inthe areas of corporate and securi-ties law, with a particular empha-sis on private equity transactions.His experience includes represen-tation of private equity fundmanagers and investors in bothUS and non-US fund formationprojects, portfolio companyinvestments, and managementand governance issues.Prof. Memberships: A memberof the American Bar Associationand Boston Bar Association. Hewas admitted to the New York Barin 1995, the US District Court,Southern District of New York, in1995 and the Massachusetts Barin 1996.Personal: Boston UniversitySchool of Law, JD, 1994. Universi-ty of New Hampshire, BA, magnacum laude, 1991.

PAINTER, Robin AProskauer Rose LLP, Boston 617 526 [email protected]


Practice Areas: Partner atProskauer Rose, LLP. Concen-trates in the areas of corporateand securities law with a particu-lar emphasis on private equity.Her experience includes represen-tation of private equity fundmanagers in capital formations,portfolio investments and gover-nance issues, and institutionalinvestors and investment advisersin the private equity field.Prof. Memberships: Memberof the American Bar Association,the Boston Bar Association andthe Massachusetts Bar Associa-tion. Admitted to the Massachu-setts Bar in 1985 and the US Dis-trict Court, District of Massachu-setts in 1986.Career: Frequently speaksnationally and internationally onprivate equity related issues and isalso a frequent contributor topublications in the venture capitalfield.Personal: Received her BA, cumlaude, from Northwestern Uni-versity in 1982. In 1985, receivedher JD, cum laude, from BostonCollege School of Law where shealso served as editor for the‘Boston College International’and ‘Comparative Law Review’.

TEGELER, David WProskauer Rose LLP, Boston 617 526 [email protected]


Practice Areas: Partner atProskauer Rose LLP. Concen-trates in the areas of corporateand securities law, with a particu-lar emphasis on private equitytransactions. His experienceincludes representation of privateequity fund managers in capitalformations, portfolio investmentsand governance issues, and insti-tutional investors and investmentadvisers in the private equityfield.Prof. Memberships: Memberof the American Bar Associationand the Business Law Division ofthe Massachusetts Bar Associa-tion. Is admitted to the Massa-chusetts Bar (1989). Has servedon numerous panels in the USand Europe discussing issuesrelated to private equity fund for-mations.Personal: Received his BA fromMiddlebury College in 1985 andhis JD from Vanderbilt UniversitySchool of Law in 1989 where hewas an editor of the ‘VanderbiltJournal of Transnational Law’.


FAGIN, AllenProskauer Rose LLP, New York 212 969 [email protected]


Practice Areas: Chairman ofProskauer Rose LLP, and the for-mer Co-Chair of Proskauer’sLabor and Employment LawDepartment. He representsemployers in all types of employ-ment litigation. His clients are asdiverse as his practice, representingfields such as telecommunications,transportation, healthcare, insur-ance, legal services, utilities, finan-cial services, entertainment andmanufacturing.Prof. Memberships: A memberof the American College of Laborand Employment Lawyers. Waschosen by New York Magazine asone of the hundred best lawyers inNew York, and was profiled by theNational Law Journal as one of thetop employment litigators in thecountry. Was also selected as one of118 US attorneys in the Interna-tional Who’s Who of ManagementLabor & Employment Lawyers.Publications: Publishes regularlyin the labor and employment field,is a frequent lecturer on employ-ment discrimination matters.Personal: A summa cum laudegraduate of Columbia College,graduated with honors from Har-vard Law School, holds a mastersdegree in Public Policy from Har-vard University’s John F KennedySchool of Government.

GANZ, HowardProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Employment, Sport

Practice Areas: Co-Chair ofProskauer’s Labor and Employ-ment Law Department, as well asCo-Chair of the firm’s Sports LawGroup. When not practicing sports

law for clients such as the NBA andMLB, he has represented a numberof the nation’s best-known compa-nies with respect to a wide varietyof labor and employment matters,such as employment discrimina-tion, sexual harassment, wrongfuldischarge, defamation, breach ofcontract, and large-scale reduc-tions-in-force. His litigation expe-rience has run the gamut from sin-gle plaintiff lawsuits to major classactions in federal and state courtsin New York and elsewhere. He hasbeen named one of the ‘World’sLeading Labor and EmploymentLawyers’ and one of the ‘100 BestLawyers in New York.’Prof. Memberships: Currentlythe Chair of the Sports Law Com-mittee of the Association of theBar of the City of New York.Publications: He has lecturedwidely on sports law and employ-ment law matters.Personal: A graduate of ColgateUniversity and Columbia LawSchool, where he was articles edi-tor of the ‘Columbia Law Review’,spent two years as a law clerk for afederal district judge in New Yorkbefore joining Proskauer Rose LLP.

GROSS, JohnProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Insurance

Practice Areas: Has been leadcounsel in civil litigations for manymajor US corporations includingthe holders of The World TradeCenter leases in their litigationinvolving their insurance claimsfor property damage and businessinterruption resulting from theSeptember 11, 2001 terroristattacks. He is also advising the Cityof New York on legal issues arisingfrom the September 11 events.Career: Served as an Assistant

United States Attorney for theSouthern District of New York,where he was assistant Chief of theCriminal Division. He also taughtTrial Advocacy as an Adjunct Asso-ciate Professor at New York Uni-versity Law School and has been afaculty Member on trial advocacyprograms sponsored by the UnitedStates Department of Justice, theAssociation of the Bar of the Cityof New York, and Harvard LawSchool.Personal: A graduate of TheWharton School of Finance andCommerce, of the University ofPennsylvania and George Wash-ington University Law School,where he was a Member of the‘Law Review’.

HYMAN, AlanProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Bankruptcy

Practice Areas: A leading Mem-ber of the Bankruptcy and Corpo-rate Reorganization Bar, headsProskauer’s Bankruptcy and Reor-ganization Practice Group. For 30years he has been actively involvedin a wide spectrum of the nation’slargest corporate reorganizationproceedings.Prof. Memberships: A Memberof the American College of Bank-ruptcy Lawyers.Publications: Has lectured exten-sively in the bankruptcy and reor-ganization field. Has been a guestlecturer at the Turnaround Indus-try Conference, the United StatesTrustee Symposium and at pro-grams sponsored by the AmericanBankruptcy Institute and the Insti-tute for International Research.Personal: A graduate of New YorkUniversity and New York Universi-ty Law School.

KAFIN, RobertProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Environment

Practice Areas: He isProskauer’s Chief Operating Part-ner responsible for the day to daymanagement of the professionalpractice of the firm. Concentrateshis practice in the area of environ-mental law where he regularly pro-vides compliance counsellingadvice to businesses facing regula-tions under all of the major federalenvironmental laws and state ana-logues. In recent years, he has beencalled upon in major transactionsinvolving almost every type ofindustry to review and evaluateenvironmental compliance andliabilities.Prof. Memberships: He is thepast Chair of the EnvironmentalLaw Section of the New York StateBar Association. He also served asChair of the New York Parks andConservation Association and as aVice-Chair of the PreservationLeague of New York State onwhose boards he currently sits.Personal: Harvard Law School,JD, Magna Cum Laude, 1966.Franklin & Marshall College, AB,Magna Cum Laude, 1963 Phi BetaKappa.

KORNREICH, EdwardProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Healthcare

Practice Areas: Co-Chair ofProskauer Rose LLP’s Health carelaw Department. A recognisedauthority on the legal, regulatoryand business issues related tohealth care services, he works pri-marily on health care transactions,regulatory compliance and health-care payment issues for varied

PROSKAUER ROSE LLP


Leaders in New York

hour violations before courts andgovernment agencies. He also hassubstantial experience in arbitrat-ing, mediating and negotiating thesettlement of employment dis-putes. He advises his clients on allaspects of the employer-employeerelationship, including the cre-ation of sensible personnel and

benefit policies and the prepara-tion of employment contracts,policy manuals and employeehandbooks. He is frequently calledupon to conduct or superviseinternal investigations of allegedemployee misconduct, includingsexual harassment, and to recom-mend appropriate responses. He

has guided his clients through sig-nificant reductions-in-force andbusiness closures.Publications: He has been acommentator for Court TV, CNNand CNBC, discussing employ-ment discrimination, sexualharassment and personnel man-agement issues, and for the CBS

News coverage of the ClarenceThomas confirmation hearings.Personal: Brooklyn College ofthe City University of New York(BA, 1975) and Brooklyn LawSchool (JD 1978), where heserved as an editor of the Brook-lyn Law Review.


providers (both for-profit and not-for-profit), HMOs, pharmaceuticalcompanies, medical device compa-nies, pharmacy benefit manage-ment companies and entrepre-neurs. He also counsels providerson issues related to research, tech-nology transfer and governance.Prof. Memberships: A pastChair of the Health Law Commit-tee of the Association of the Bar ofthe City of New York and the cur-rent Chair of the providers’ Com-mittee of the Health Law Sectionof the New York State Bar Asssoci-ation. He is listed in “Best Lawyersin America,” was also named oneof the “40 Health Care LawyersWho Have Made Their Mark” byThe National Law Journal, and wasrecognised as one of the “Out-standing Fraud and ComplianceLawyers of 2004” in Nightingale’sHealthcare News.Publications: Frequently writesand lectures on Medicaid reim-bursement, health care integration,not-for-profit law and corporategovernance issues.Personal: Harvard Law School,J.D, 1977. Columbia University,Columbia College, B.A, MagnaCum Laude, 1974 Phi Beta Kappa.

LIPSON, LawrenceProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Real Estate

Practice Areas: Chair ofProskauer Rose LLP’s Real EstateDepartment and a Member ofProskauer’s nationally recognizedHospitality Practice Group. He hasthree decades of diverse experiencecrafting major real estate deals andrepresenting all sides to the realestate transaction includinglenders and borrowers, landlordsand tenants, and investors anddevelopers. His clients include across section of the many types ofinvestors in and users of real estate,including individual developerentrepreneurs, large corporate ten-ants, equity investors, real estateinvestment trusts and real estateopportunity funds. He is also a keyand influential player inProskauer’s Hospitality PracticeGroup and has closed on a sub-stantial number of major domesticand international hotel and resortchain acquisitions.

Career: He was involved in thedesign of the first major officebuilding real estate investmenttrust (REIT) in New York, whichhas become the model for futureoffice building REIT transactionsin the New York metropolitan area.Personal: Columbia UniversitySchool of Law, JD,Magna CumLaude,1970.Scholar: Harlan FiskeStone Scholar.Brooklyn College ofthe City University of New York,BA,Magna Cum Laude,1967.

ORTNER, CharlesProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Media &Entertainment

Practice Areas: Representsmany of the leading institutionsand creative and business leadersof the music industry in virtuallyevery area, including copyright,trademark, enforcement of per-sonal services contracts, rights ofprivacy and publicity, libel, unfaircompetition, personal matters,employment disputes, contractand royalty disputes and generalcorporate and commercial mat-ters. He also serves as advisor onbusiness and strategic planning forowners and senior executives ofleading music industry institu-tions. Among the recording artists,record producers and songwritershe has represented in litigation andrelated matters are Madonna,Michael Jackson, Shania Twain,Lauryn Hill, Whitney Houston,Jon Bon Jovi, Kenny “Babyface”Edmonds, Sean “P. Diddy” Combs,Trent Reznor and Nine Inch Nails,Sting, Cyndi Lauper, CollectiveSoul, Bonnie Raitt, Matchbox 20,Rob Thomas, Phil Ramone andRick Rubin. Among the musicindustry entrepreneurs Mr Ortnerhas represented are Chris Black-well, Clive Calder, Jimmy Iovine,and Antonio “L.A.” Reid. He repre-sents many music companies andlabels, including BMG, EMI,Warner Bros. Records,Warner/Chappell Music andWind-Up Records.Career: He also represents TheNational Academy of RecordingArts and Sciences (the GRAMMY®organization), and serves as itsNational Legal Counsel.Personal: Brooklyn Law School,

JD, 1971. Washington University,AB, 1967.

PLEVAN, BettinaProskauer Rose LLP, New York 212 969 [email protected]


Practice Areas: Represents awide range of industries handlingboth single plaintiff and classaction lawsuits involving issues ofdiscrimination, harassment,employee benefits, alleged breach-es of fiduciary duty, COBRA viola-tions, and termination of retireebenefits. She has extensive experi-ence counseling employers on liti-gation avoidance and sexualharassment investigations andtraining management employeesin these areas. Has successfullytried many jury and non-jury casesin New York and elsewhere in theUS.Prof. Memberships: President ofthe Association of the Bar of theCity of New York and recentlycompleted a two-year term asPresident of the Federal Bar Coun-cil. She is also a member of theAmerican Law Institute, and servesas Chair of the Second CircuitJudicial Conference.Career: A Fellow of the AmericanCollege of Trial Lawyers. Hasargued more than 50 appeals instate and federal courts and is amember of the American Academyof Appellate Lawyers.Personal: Graduated fromWellesley College and is a magnacum laude graduate of BostonUniversity Law School where shewas an editor of the ‘Law Review’.

PLUM, BernardProskauer Rose LLP, New York 212 969 [email protected]


Practice Areas: A Partner inProskauer’s Labor and EmploymentLaw Department, his practice con-centrates on collective bargaining,arbitration, and labor and employ-ment litigation in the newspaper,entertainment, utilities, financialservices, and airline industries. Hehas served as chief spokesperson ina wide variety of collective bar-gaining situations, and has litigat-ed in the state and federal courts ofNew York, New Jersey, Connecti-cut, Illinois and California.

Career: Among the employers herepresents are The New YorkTimes Co., Dow Jones, The Leagueof American Theaters & Produc-ers, The New York City Ballet, PPL,Inc.,TWA, and HSBC. Bernie rep-resented Metro-North and theLong Island Railroad in theirprecedent-setting suit to enjoinsympathy strikes by railroad work-ers in support of striking EasternAirlines Machinists. He has alsorepresented many other employersfaced with unlawful work stop-pages.Personal: Columbia UniversitySchool of Law, JD, 1979; notes edi-tor, ‘Columbia Law Review’, 1978-79; Columbia University, MPHIL,1976; Columbia University, MA,1974; New York University, BA,cum laude, 1973.

PORT, GailProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Environment

Practice Areas: ManagesProskauer Rose LLP’s Environmen-tal Practice Group, based in the NewYork office. She has been practicingenvironmental law and litigation forover 25 years. Her practice atProskauer is concentrated in coun-seling clients respecting environ-mental risks in mergers and acquisi-tions and real estate transactionsand financings, environmentalcompliance and remediation, envi-ronmental litigation and adminis-trative proceedings and land use.Prof. Memberships: A pastChair of the New York State BarAssociation’s Environmental LawSection, the former Chair of theEnvironmental Law Committee ofthe Association of the Bar of theCity of New York, and a memberof the Boards of Directors of theprestigious not-for-profit organi-zations Environmental Advocatesand the New York League of Con-servation Voters Education Fund.Career: Prior to joining the firmshe served as Deputy GeneralCounsel (and Acting GeneralCounsel) and the chief environ-mental advisor to the New YorkState Urban Development Corpo-ration, where she was involved inthe environmental law aspects ofhigh visibility large-scale land useand development projects and

PROSKAUER ROSE LLP



PROSKAUER ROSE LLP


related financing transactions.Personal: New York Law School,JD, magna cum laude, 1976 arti-cles editor, New York Law SchoolLaw Review, 1974-76. State Uni-versity of New York at Cortland,BS, 1973.

SALVATORE, PaulProskauer Rose LLP, New York 212 969 [email protected]


Practice Areas: Representsemployers in employment lawand litigation, as well asunion/management relations andcollective bargaining. Handles alltypes of employment litigation,arbitration and mediation. Healso provides advice and guidanceto clients, counseling employerson how to avoid litigation andachieve their employee relationsobjectives through such tech-niques as proactive humanresources policies and alternativedispute resolution. Also negoti-ates major collective bargainingagreements in several industries,including real estate and con-struction. He tries arbitrationsand litigations arising from thecollective bargaining relationship.Publications: An active speakerand writer on labor and employ-ment law issues. He has beenquoted in, among other publica-tions, The New York Times, TheWall Street Journal, USA Todayand The National Law Journal,and he has appeared on CNN,Fox News and other business tele-vision news programs. Amongother groups he works with, heserves as a speaker for the Societyfor Human Resource Manage-ment (SHRM), and on itsNational Labor Relations Panel.Personal: An honors graduate ofCornell University’s School ofIndustrial and Labor Relations(ILR) and The Cornell LawSchool.

SERNAU, Ronald DProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Real Estate

Practice Areas: A Partner inthe Real Estate Department, hehas significant experience in realestate law, representing sophisti-cated real estate developers andinvestors in virtually all areas ofreal estate practice in New YorkCity. He draws on his experienceto address legitimate interests thatthe opposing party must protect,and to minimize negotiation ofissues that the opposing party cancompromise. He has representedclients in some of the most sub-stantial real estate transactionsoccurring in New York City. Forexample, he has represented apublicly held real estate invest-ment trust in a variety of acquisi-tions and lease transactionsinvolving several hundred milliondollars. He has represented amajor private real estate develop-er in complex equity restructur-ing transactions for properties inthe New York area. He has repre-sented a major New York Citylender in restructuring non-recourse debt on important NewYork City properties. He serves asthe principal leasing lawyer forseveral major New York Citylandlords, addressing the varietyof financial and technical issuesthat arise in sophisticated leasetransactions.Personal: Cornell Law School,JD, magna cum laude, 1986;Order of the Coif; editor, CornellLaw Revew, 1985-86. Ithaca Col-lege, BS, summa cum laude, 1981.

SIMS, CharlesProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Media &Entertainment

Practice Areas: Concentrateson copyright, First Amendment,and defamation law.Career: He has represented themotion picture studios in theirground-breaking and successfullitigation, under the Digital Mille-nium Copyright Act, againsthackers who were publicly pro-viding illegal software fordecrypting DVDs, and Lexis-Nexis in its victory against aninternet start-up which hadattempted to steal the entire Lexisdatabase for uploading onto theWeb. He has also represented theLeague of American Theatres andProducers in an arbitration overthe ownership of the Tony Award’99 programs, and England’sRoyal Court Theatre in connec-tion with a copyright infringe-ment lawsuit based on DavidHare’s play Via Dolorosa. In theFirst Amendment field, he has lit-igated challenges to content-based federal restrictions of cabletelevision programming, whichthe Supreme Court largely invali-dated in Denver Area EducationalTelevision Consortium v FCC,and joined in handling, a facialFirst Amendment challenge toNew York’s Son of Sam law forSimon & Schuster, which theSupreme Court unanimouslyinvalidated.Personal: Yale Law School, JD,1976; Amherst College, BA,Magna Cum Laude, 1971 PhiBeta Kappa.

SIRKIN, MichaelProskauer Rose LLP, New York 212 969 [email protected]

Recommended in Employee Benefits

Practice Areas: A member ofProskauer Rose’s Tax Depart-ment, he practices primarily inthe areas of employee benefitsand executive compensation. Inaddition, he frequently representscompanies and senior executivesin connection with executiveemployment and severanceagreements and other compensa-tion and equity arrangements. Inthe executive compensation area,he advises in connection withnonqualified arrangements, suchas Supplemental Executive Retire-ment Plans and other deferred-compensation plans, incentiveplans, rabbi trusts and otherfunding vehicles. He also advisescorporations on the design andimplementation of stock option,restricted stock and similar plans.Career: He has represented cor-porations and executives in adiverse assortment of businesses,including Fortune 500 industrialcompanies, financial-servicecompanies, high tech start-ups,dot.coms, REITs, tax-exemptorganizations and privately heldcompanies.Publications: He is co-editorand co-lead author of the treatiseExecutive Compensation pub-lished by Law Journal Seminar-Press, and the co-author of theChapter on ERISA in the 403(b)Answer Book.He is a contributingeditor to The Philanthropy Month-ly,writing a bimonthly column oncompensation and benefits for tax-exempt organizations, and on theBoard of Advisors of The Journal ofTaxation of Employee Benefits.Personal: Columbia UniversitySchool of Law, JD, 1972. RutgersUniversity, New Brunswick, BS,1969.


PROSKAUER ROSE LLP


THE FIRM

Chairman: Allen I Fagin

Number of partners: 170

FIRM OVERVIEW: Proskauer Rose LLP is one of the nation’s largest lawfirms, providing a wide variety of legal services to major corporations andother clients throughout the United States and around the world. Head-quartered in New York City since 1875, the firm also has offices in LosAngeles,Washington DC, Boston, Boca Raton, Newark, New Orleans andParis. During its history Proskauer has been distinguished by its dedica-tion to client service, technical excellence and high integrity. It also hasadapted rapidly to changes in the needs of businesses, whether it be forexpertise in emerging areas of law, employing new methods of commu-nicating, or deploying the latest information technology.

MAIN AREAS OF PRACTICE: The firm’s practice areas provide traditionalservices to corporations and other business entities such as corporatefinance and securities, tax, litigation, real estate, and labor and employ-ment advice. It also has leading practices in the areas of arbitration andother forms of alternative dispute resolution, bankruptcy and reorgani-zations, broker-dealer regulation, employee benefits and executive com-pensation, entertainment, environmental law, healthcare andpharmaceuticals, high technology and the internet, intellectual property,private equity financing, sports, trade secrets and non-competition, andwhite-collar crime. Representing the publishing, motion picture andrecording industries as they confront new challenges, Proskauer recentlyhas been at the leading edge of the law, as the dramatic emergence of afreer flow of information and knowledge over the global networks ofservers and computers tests and strains established principles protectingintellectual property. As its litigators handle disputes arising in this arena,Proskauer’s corporate and tax lawyers have been working on the businessand financial structures and contractual licensing needs of the entrepre-neurs building new companies, established corporations adjusting to newtechnologies, 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 toservice in the wider community, lawyers in the firm have recently held thepresidencies of legal organizations such as the Association of the Bar ofthe City of New York, the New York State Bar Association, New YorkWoman’s Bar Association, the American College of Trial Lawyers, the Fed-eral Bar Council, the Fund for Modern Courts, the New York CountyLawyers Association and the American Judicature Society.

INTERNATIONAL WORK: Proskauer’s international practice has its roots inthe representation early last century of various French industrialists. Sincethat time the firm has developed a recognized stature in internationaltransactions and an understanding of and commitment to the global mar-kets and the transnational needs of its clients. The firm’s internationalpractice includes the representation of foreign clients doing business inthe 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. Therepresentation 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 mergers andacquisitions, joint ventures, licensing, international aspects of litigation,arbitration, tax planning, labor relations, antitrust, intellectual propertyand immigration.

PROSKAUER ROSE LLPHEAD OFFICE

NEW YORK1585 Broadway, New York, NY 10036-8299Tel: 212 969 3000

BRANCH OFFICES

CALIFORNIA2049 Century Park East, 32nd Floor, Los Angeles, CA 90067-3206 Tel: 310 557 2900

DISTRICT OF COLUMBIA1233 20th Street, NW, Suite 800, Washington, DC 20036-2396 Tel: 202 416 6800

MASSACHUSETTSOne International Place, Boston, MA 02110-2600Tel: 617 526 9600

FLORIDAOne Boca Place, 2255 Glades Road, Suite 340 West, Boca Raton, FL 33431-7383 Tel: 561 241 7400

NEW JERSEYOne Newark Center, 18th Floor, Newark, NJ 07102-5211Tel: 973 274 3200

LOUISIANA909 Poydras Street, New Orleans, LA 70112-4017Tel: 617 526 9600

INTERNATIONAL OFFICES

The firm also has an international office in Paris.


CHAMBERS USA - Proskauer

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