Since its founding in New York in 1917, Kaye Scholer has grown
strong practices in life sciences, financial services, technology,
real estate and energy to become one of the top international
transactional and litigation firms. Add to that some hot shot
defense attorneys who have saved more than a few high-profile
companies from wallet-busting litigation, and you have a firm that
has positioned itself to serve everyone from the Fortune 500 crowd
to middle-market corporations and government entities.
On the Backs of a Playwright and a Professor
More than 90 years ago, tax attorney and playwright Benjamin Kaye
and attorney Jacob Scholer established a firm that continues to
bear their names to this day. The firm's early work centered on
banks until the Great Depression and the fall of the firm's largest
client-Chatham Phenix National Bank-in 1934 forced the firm to
shift its focus. The firm moved forward on the shoulders of name
partners Harold Fierman and Jim Hays-who served as the firm's first
chairman-and welcomed the addition of Fred Livingston, a labor
expert, in 1947.
In 1951, the firm welcomed one of the most interesting and
versatile attorneys in its history: Milton Handler. A Columbia Law
School professor (a role he continued into the '70s) and former
clerk for SCOTUS' Harlan Fiske Stone, Handler entered Kaye Scholer
with a range of skills, including expertise in labor law-he was one
of the drafters of the National Labor Relations Act; trademark
law-Handler testified before Congress regarding the Lanham Act; and
antitrust, perhaps his most well-known focus. Handler served as
President Franklin D. Roosevelt's top anti-trust advisor and was
the first to teach an antitrust law school class in the U.S; in
fact, he was dubbed the "Dean of Antitrust."
Kaye Scholer is known for its litigation expertise and has made a
name for itself defending Big Pharma from potentially devastating
lawsuits. Jay Mayesh, a partner in the firm's product liability
group has been cited by Inside Counsel as one of four attorneys in
the U.S. to hire when faced with a products liability issue.
The National Law Journal has named Kaye Scholer to its "Defense
Hotlist" multiple times, describing the firm as a go-to firm for
"defendants facing massive financial exposure, and in setting trial
strategies adopted in subsequent litigation." Also noteworthy is
the firm's bankruptcy department, which has handled numerous
high-profile matters, including the bankruptcies of Enron,
Adelphia, Delta Airlines, Delphi, Reliant Energy, Aladdin Gaming
and Formica. Other firm clients include pharmaceutical companies
Novartis, Pfizer and AstraZeneca, Hershey, Hyatt Hotels, Marvel,
Random House and Staples.
Kaye Scholer is often called upon to provide advice to the
government at both the state and federal level; its attorneys have
also served on House and Senate committees and Presidential
commissions. The firm has counted among its ranks former U.S.
Senator and Governor of Connecticut, Abraham Ribicoff, and Special
Master of the U.S. Government's September 11th Victim Compensation
Fund Kenneth Feinberg.
Another well-known alumnus of Kaye Scholar is University of Chicago
Law professor Brian Leiter, author of the Leiter Reports blog. The
Boston Globe has described Leiter as "the most powerful man in
IN THE NEWS
Echoing Green Black Male Achievement
Kaye Scholer Corporate Associate Jane Wilson was awarded a 2013
Echoing Green Black Male Achievement (BMA) Fellowship. Jane was
chosen for her work with The Reset Foundation, an organization that
she co-founded with prison reform advocate and nonprofit management
guru Jen Porter in 2012. The Reset Foundation works to empower
incarcerated young adult men to succeed professionally and
personally by creating a new prison model entirely focused on
education and reentry into the community.
In addition to supporting Wilson's work, Kaye Scholer has provided
more than 7,000 hours over the past decade of pro bono counsel on
contract, corporate, employment, intellectual property and real
estate issues to Echoing Green fellows and alumni.
The U.S. Court of Appeals for the Federal Circuit found in favor of
Kaye Scholer client Ateliers de la Haute-Garonne and F2C2 Systems
SAS (AHG), a French airplane equipment parts manufacturer, in a
patent infringement case filed against German rival Bröetje
Automation and its American subsidiary Broetje Automation USA. Kaye
Scholer Intellectual Property Partner Scott Lindvall and associate
Sarah W. Saunders advised AHG.
A Most Successful Restructuring
Turnarounds & Workouts selected Kaye Scholer's representation
of 4Kids Entertainment, Inc. and its affiliates as one of its most
Successful Restructurings for 2012. The publication summarized the
firm's engagement as follows: "A favorable court ruling enabled
debtor to retain and then sell a valuable license and receive a
sizable settlement with licensors. Plan of reorganization paid all
creditors in full, kept existing shareholders in place, and allowed
4Kids to reorganize around its remaining licenses as well as expand
into a new business, the sports licensing segment. 4Kids'
shareholders were the only class entitled to vote on the plan and
approved the reorganization overwhelmingly - affirmative votes were
received from 99.9% of the almost 7 million shares that were
Kaye Scholer represented Bank of America, N.A., as administrative
agent, and J.P. Morgan Securities LLC, Merrill Lynch, Pierce,
Fenner & Smith Incorporated and Wells Fargo Securities, LLC, as
joint lead arrangers and joint bookrunners, in an unsecured
revolving credit facility of $2.5 billion and an unsecured term
loan facility of $750 million for ERP Operating Limited
Partnership, the multifamily residential property business of
Equity Residential. Equity Residential focuses on the acquisition,
development and management of premium apartment properties in
growing North American markets. These facilities will help Equity
Residential position itself for the closing of the Archstone
acquisition in the first quarter of 2013.
We'll Drink to That
Kaye Scholer advised The Cooper Spirits Company, maker of the
world's first artisanal elderflower liqueur St-Germain, in that
product's acquisition by the world's largest privately held spirits
company, Bacardi. Terms of the transaction were not disclosed.
"Cooper Spirits chose to work with Kaye Scholer on this acquisition
because of the firm's significant experience in representing
owner/entrepreneurs, as well as its sharp focus in the area of
branded consumer products and luxury goods," said Robert Cooper,
creator of St-Germain and President of The Cooper Spirits Company.
Kaye Scholer has advised many clients in the wine and spirits
industry on M&A matters.
That's One(x) Major Acquisition
Kaye Scholer assisted longtime client Onex Corp. in its $2.3
billion acquisition of USI Insurance Services LLC from a private
fund managed by Goldman Sachs Group Inc. Onex and Onex Partners III
LP, its principal private equity fund, will make an equity
investment of $700 million to help finance the deal. USI handles a
variety of property and casualty insurance, employee benefits
services and retirement consulting. Onex is a Canadian private
equity firm with offices in Toronto, New York and London.