Firm Rankings
Bracewell's success can be partly measured by high marks given the firm in internationally regarded industry publications.
American Lawyer Media
American Lawyer Media (ALM), publisher of top print and online legal journals such as American Lawyer and Corporate Counsel, has once again named Bracewell & Giuliani LLP as one of the nation’s “Go-To” law firms. Based on surveys of hundreds of general counsel from the country’s leading companies, the publisher identified the firm’s Corporate and Securities, Finance, Intellectual Property, Labor & Employment and Employee Benefits, and Litigation practices for special recognition in 2007 and 2008.
ALM is one of the nation’s premier integrated media companies focused on the legal, banking, technology, finance and aerospace industries. In addition to its national monthly and quarterly legal publications, including IP Law & Technology and Minority Law Report, ALM is the publisher of regional daily, weekly and monthly newspapers such as Connecticut Law Tribune, The National Law Journal and Texas Lawyer, as well as the owner of a number of legal websites and online directories, including Law.com and CLE Center.
The following is a summary of the recent ALM rankings, including information about the clients that recommended Bracewell:Corporate and Securities
Constellation Energy Group Inc. was one of several companies that named Bracewell as its go-to firm for corporate transactions. Recently, Bracewell has served as counsel on virtually every type of purchase and sale transaction involving public and privately held businesses. Totaling billions of dollars, these include mergers, management and leveraged buyouts, and acquisitions and dispositions of assets.
Finance
A number of general counsel recommended Bracewell’s finance practice, in recognition of its strength in the areas of syndicated loans, reserve-based loans, structured finance and derivatives, high-yield bonds and other debt, and project finance, as well as the firm’s excellent regulatory counsel.
Intellectual Property
CenterPoint Energy Inc. was among several companies that highlighted Bracewell’s intellectual property patent counseling services for special recognition. With a significant majority of the firm’s attorneys holding advanced degrees in biotechnology, chemistry, pharmacology and physics, as well as in chemical, electrical and mechanical engineering, the firm is able to provide comprehensive asset protection and enforcement counsel.
Labor & Employment and Employee Benefits
Sysco Corporation and Valero Energy Corporation both named Bracewell as their go-to firms for labor and employment matters. Offering one of the largest labor and employment practices within a full-service law firm, Bracewell provides comprehensive legal counsel to public and private employers in a broad range of industries.
Litigation
Sysco Corporation and Valero Energy Corporation were also among the nation’s largest corporations that recommended Bracewell for recognition in the area business litigation. Bracewell’s attorneys are also among the highest-rated and most experienced in the country, and provide a full range of litigation, white-collar criminal defense and special investigations services to multinational, national and regional business across the globe.
For more information about Bracewell & Giuliani and our nationally recognized legal services, visit the firm’s website at www.bgllp.com or American Lawyer Media at www.americanlawyer.com.
Legal 500
The 2008 edition of The Legal 500 United States has once again identified Bracewell & Giuliani and its attorneys as among the top legal practitioners in the country. This year’s guide lists six of the firm’s practice areas for special recognition, and singles out more than two-dozen of the firm’s attorneys in acknowledgment of their professional excellence and quality client service.
The following are some excerpts of what the guide — and Bracewell’s clients — had to say about the firm and its attorneys:
Finance: Bank Lending — South (Band 3)
Practice: Driven out of its Texas headquarters and aided by a significant capacity in New York and Washington, DC, Bracewell & Giuliani is recognized as a market leader on oil and gas-related financings. Frequently praised for its “thorough understanding of the underlying industry,” one client however expresses slight misgivings as to its “turnaround time on matters without urgent deadlines.” Recent high-profile energy-related financings include advising Goldman Sachs on a $50m acquisition financing provided to Tekoil & Gas Corporation, as well as TCW Asset Management on a $70m loan facility provided to an oilfield service company.
“Tremendous,” say clients, in addition to traditional financing, the team is also conversant with supplier and buyer credit facilities, export credit work and international financial instruments.Generating a significant volume of syndicated transactions, particularly on the borrower side, the team recently advised Targa Resources Partners and Plains Exploration & Production in setting up syndicated revolving credit facilities worth $500m and $1.3bn respectively.
Clients: Particularly prominent in the energy industry, Bracewell & Giuliani advises a mix of borrowers and lenders, including Reliant Energy, El Paso, Société Générale, Bank of America, JPMorgan, OrixFinance, Wachovia Bank, Merill Lynch, Goldman Sachs, TCW Asset Management, Natixis and O’Brian Energy.
Individuals: Praised by clients for his “tremendous knowledge of the market,” New York-based partner Robin Miles’ wide-ranging finance practice encompasses senior debt financings, acquisition and project financings, LBOs and debt restructurings. “Highly respected by parties on both sides of the deal,” say clients, he has been involved in some significant work for Reliant Energy, including its successful $6.2bn senior debt restructuring, and more recently its $500m revolving and $250m synthetic letter of credit facility.
Finance: Corporate Restructuring
Practice: “Proactive, commercial and with a sound knowledge of the law, industry and a keen sense of media risk,” say clients. Texas-based Bracewell & Giuliani’s ten-partner corporate restructuring practice handles a mix of regional middle-market debtor instructions and creditor work for hedge funds and institutional investors. Hitherto under the radar on a national level, the arrival in March 2007 of the legendary Evan Flaschen from Bingham McCutchen was a major coup for the firm, and has considerably raised its profile in the market. Brimming with connections in the industry and bringing over a substantial portfolio of impressive mandates, including the representation of international creditors in the Australian Administration proceedings involving the Sons of Gwalia, the world’s largest producer of lithium and tantalum, Flaschen has already had a significant impact. “They consistently demonstrate the all-important combination of legal perspicacity with clear insight into the realities of the financial markets,” enthuses one client.
“Diligent and practical in the way they approach problems,” the firm recently advised public noteholders in out-of-court restructuring discussions over Tembec Industries.
Clients: Clients include Blackstone, D E Shaw, Deutsche Bank Securities, New York Life Insurance and Quadrangle.
Individuals: Following his high-profile arrival from Bingham McCutchen, the “savvy, smart and solutions-oriented” Evan Flaschen chairs the firm’s financial restructuring and bankruptcy group out of Connecticut. Praised by clients for his “engaging bedside manner,” he has acted for bondholder groups, second-lien lender groups and official creditors’ committees on some of the most high-profile restructurings in the world, including Parmalat, Dura and Remy International. “He manages his clients very well, even when, as is often the case, they have disparate interests and strong views,” says one client.
Litigation: Energy (Band 3)
Practice: Among the Texas giants, Bracewell & Giuliani continues to play catch-up in picking up leading roles on the high-profile energy litigation cases, despite having what clients recognize as a “supreme trial section” and deep roots in the oil and gas industries. With the price of oil hindering business, the group has looked to turn its “unsurpassed litigious skills,” as clients put it, towards different areas.
The group represented Energy America in connection with litigation brought by the Illinois Attorney General at the FERC against all winners of the state’s wholesale power supply auction, and in related state class-action lawsuits in the Northern District of Illinois, displaying a propensity for downstream work that has proved a crucial counterweight to the oil and gas-side representations.This kind of activity highlights the group’s build; a substantial trial section and a bulk of “vastly experienced attorneys” give the team flexibility to take on clients from a spread of industries. The flipside of this approach is apparent in the lack of specific focus in the industry, such that the group will have a number of trial attorneys working on energy issues at any one time, but rarely with the consistency in any particular area to be able to claim the quantity of market-leading energy specialists as some of the top firms in the table.
Clients assuage this notion, suggesting that “these are our primary counsel for litigation matters on several issues, and in each case the team has come up with the answers.” Indeed, the firm’s record on an exceptionally wide range of cases, spanning from litigation thrown up by the California energy crisis to contract disputes before FERC, such as the representation of Coral Power in a $400m dispute with the state of California, is broad and varied.
Clients: The firm has recently acted for such clients as El Paso, Tampa Gas Utility, BC Hydro, Powerex and Parker Drilling.
Individuals: Washington, DC partner Charles Shoneman co-heads the energy regulatory practice and is known to clients as “practical, truthful and intelligent.” Combining regulatory and litigation expertise, Shoneman provides a level of FERC involvement that balances out a heavily Texas-oriented practice. Another partner based in the capital who has garnered plaudits for her “exceptional” regulatory litigation practice is Sandra Rizzo. Clients name her “personable but hard-edged at the same time, which is a great combination.” In Houston, meanwhile, partner J. Clifford Gunter represents the other side of the coin, operating within the trial section and providing “stunning courtroom skills” on behalf of both upstream and downstream clients.
M&A: South Central (Band 1)
Practice: It is not clear how long Bracewell & Giuliani’s burgeoning M&A practice can be treated within the confines of a regional table. A bout of rapid expansion in the New York office sees this Texan upstart poised to break out from its regional focus, and assert itself on the national stage. Over the past three years, the New York office has increased to 27 attorneys.
The firm scores highly for client service, one client commenting that “they do very well on pure M&A, as well as other areas like tax and securities.” Another client adds, “they have a good energy practice, and are very efficient,” while praise is also reserved for the quality of the firm’s work, one client noting the work to be “outstanding — they do a great job.”
The firm continues to build upon its expertise in energy. This year the firm represented Kinder Morgan on a number of matters, among them, its $22bn going-private transaction, its $760m sale of the Corridor Pipeline System to Inter Pipeline Fund, and its $3.7bn sale of Terasen to Fortis. The firm also represented Eni in its $4.8bn acquisition of Dominion Resources’ Gulf of Mexico properties.
The firm also has strong regulatory acumen, which is not limited to the energy industry but also covers tax and financial restructuring.
Clients: Bracewell & Giuliani’s clients include Kinder Morgan, ENI, Seitel, Sterling Group, MatlinPatterson Global Advisors, Ferrovial Agroman, Summit Bancshares and Shell.
Individuals: Gregory Bopp is the co-chair of the corporate practice, and described by clients as “very efficient,” “very pragmatic” and “a master of his field.” Gary Orloff in Houston has a broad corporate practice and works on major M&A transactions. Other major attorneys include Daniel Witschey, Edgar Marston and Mark Palmer.
Real Estate: Texas — Transactions and Finance (Band 3)
Practice: Bracewell & Giuliani’s strong suit is in representing energy clients, so it should come as little surprise that these clients constitute the bulk of the pack for the group’s real estate work, a winning hand in terms of reliable sources of work, but one that limits the scope of its options and achievements when compared with broader-based competitors. The practice has continued to make a name among clients for being “a well-polished gem of a practice… able to take a professional approach to convoluted matters.”
Working with developers and investors, the group mixes a high degree of local real estate expertise with what clients call “a head for business, particularly where Houston is concerned.” Notably, it has an ace up the sleeve with the fact that it fields a strong contingent of real estate litigators.Perhaps as a result of the firm’s origins in Houston, it is somewhat limited by its inclination towards working in that local market. Also, while being a positive point of difference, the heavy focus on litigation work means the group is less broad-based than a number of its competitors.
Even so, clients say that Bracewell & Giuliani has the capabilities to act as “very effective counsel” when operating beyond these remits, working on large development projects across Texas.One such example is a recent assignment for Crescent Real Estate Equities, which the firm assisted in the sale of 12 commercial office properties and a single 40-acre tract of undeveloped land for $382m, mostly in the north Dallas area.
Meanwhile, the practice also represented Thomas Properties and Colvill Office Properties in connection with the purchase of the headquarters campus of BMC Software in Houston, a campus covering approximately 53 acres and comprising four buildings with some 1.5m sq ft of office space, together with additional retail shops and amenities. Bracewell & Giuliani subsequently worked on the leaseback to BMC of over 713,000 sq ft of office space.
Clients: In recent years, the practice has acted for Cintra Developments, University Communities, Wachovia Bank, State Farm Insurance, CBL & Associates, Midway Companies, Knight, Losan Hotels World and Core Real Estate, among others.
Individuals: Clark Thompson is “the mastermind behind the practice, and a massive boon for anyone that works with the group.” Based out of Houston, Thompson is “always prepared, always able to come in and pick up a deal and give it life,” according to clients, who add that he is “particularly good at spotting problems a mile off — something only a really good lawyer does.” Aaron Roffwarg is another Houston partner who has drawn attention for his contributions concerning real estate matters for industrial and energy clients.
Tax: Domestic — Central
Practice: Bracewell & Giuliani’s strong global presence in the upstream and midstream oil and gas industry, as evidenced by offices in Dubai and Kazakhstan, has filtered through to generate a decent tax group that is familiar with both the idiosyncrasies of the industry and the challenges of cross-border joint ventures. The majority of the 23-lawyer team practices from the Houston office, although the August 2007 hire of corporate tax specialist Liz McGinley from Skadden, Arps, Slate, Meagher & Flom is a noteworthy gearing up of the firm’s New York tax capacity.
The firm recently assisted ENI in the $8bn acquisition of Dominion’s Gulf of Mexico oil and gas production assets. In a wider energy instruction, Bracewell & Giuliani is acting for the Navajo Nation and Sithe Global Power in connection with the controversial Desert Rock power plant — a proposed $3bn coal-burning electricity generating facility.
Clients: Bracewell & Giuliani’s solid core of energy-sector clients includes Statoil, ChevronTexaco, Coral Energy, FPL Energy and Kinder Morgan Energy Partners. Other clients include industrial group American Standard, which has been advised through a strategic review, and, marking an increased New York profile, BlackRock.
Individuals: Houston-based senior practitioner Joe Hull’s vast experience prompts recommendations for his ‘quality tax work’ in federal, state and local taxation.
For more information about Bracewell & Giuliani and our nationally recognized legal services, visit The Legal 500 website at www.legal500.com.
Chambers and Partners USA
Chambers USA 2008: America’s Leading Lawyers for Business has named more than two-dozen of Bracewell & Giuliani LLP’s practices as among the best in the nation and in local markets across the country.
The following is a summary of Chambers USA’s rankings, including excerpts of what clients have to say about the firm and its attorneys:
NATIONAL
Climate Change (Band 3)
The Firm: The recruitment of Jeff Holmstead, former assistant for air and radiation at the EPA, has significantly bolstered this firm’s profile in the market. It is renowned for its representation of industrial clients in proceedings before regulatory agencies and in litigation generally. The team also acts for several trade associations, and recently represented the Union for Jobs & the Environment in Massachusetts v EPA. Jeff Holmstead and Lisa Jaeger are both well known for their climate change expertise.
Energy: Oil & Gas (Band 3)
The Firm: This brilliant group’s expertise in the natural gas and LNG sectors combines the regulatory, commercial and finance acumen in its Texas and Washington, DC offices to provide well-rounded industry counsel. In regulatory, legislative, compliance and enforcement matters, lawyers work alongside the firm’s white-collar crime and compliance teams to monitor developments at FERC, the CFTC and the Public Utility Commission of Texas. The firm’s energy trading capability is a drawing card for blue-chip clients and the energy trading divisions of investment banks and financial institutions, and in energy dispute matters the Texas commercial litigation group tackles antitrust, oil and gas and securities matters and hydrocarbon patent and IP claims. Interviewees praised its “great understanding of the history and people in the natural gas regulatory environment.” Highlight work has included acting for Shell LNG on transactions relating to the Elba Island LNG terminal expansion and new pipeline, and on the settlement of litigation relating to Dominion Cove Point’s rate case. The head of the firm’s energy and finance practice, Alan Rafte, elicits market praise for his industry insight and transactional flair. Energy regulation co-head Charles Shoneman is said to provide “the total package,” as he advises on ratemaking, litigation, compliance and enforcement as well as M&A, financing and LNG projects matters.
Financial Services Regulation: Broker Dealer Regulation
The Lawyers: Julian Rainero [Band 3] heads up the firm’s broker-dealer practice and is lauded by interviewees for his “expert, knowledgeable and responsive approach.” Clients value the fact that he provides “not just technical but substantive advice.”
Financial Services Regulation: Financial Institutions M&A (Band 3)
The Firm: Loyal clients commend the “deep bench and quality advice” on offer at Bracewell & Giuliani, particularly when it comes to financial institutions M&A and broker-dealer regulation work. Adept at leading the charge in controversial issues thanks to their impressive industry and regulatory contacts, these lawyers are well worth every penny, according to clients. During the past year the group has acted for United Banks of Colorado in its sale to BOK Financial, and assisted Cottonwood Financial in regulatory compliance and the development of new products.
The Lawyers: Managing partner of the Dallas office Sanford Brown [Band 2] has been named a go-to regulatory lawyer for M&A. Acting on behalf of a particularly loyal client base across the Southwest, Brown’s previous role at the OCC affords him a deep insight into the key regulations affecting financial institutions. William Luedke [Band 3] in the firm’s Houston office has “a lot of credibility with the regulators and performs very well" on financial institutions M&A.
Native American Law (Band 3)
The Firm: This group handles real estate and energy issues, and is currently representing a major tribe in its recognition efforts. The energy, projects and environment groups all assist the Indian law group, enabling lawyers to give tailored assistance to each client. The diverse client base includes energy companies, lenders and other businesses exploring investment in Indian territory, and the team recently represented an energy company in relation to its leases of Indian land.
The Lawyers: “Focused and thorough,” Nancy Appleby [Band 2] focuses on tribal energy transactions and real estate projects in Indian country. Of late she has been involved in sovereignty issues relating to the jurisdictional power of federal and Indian law.
Transportation: Road (Infrastructure) (Band 3)
The Firm: Despite being known as a Texas-based firm, Bracewell has been gaining recognition and praise on a national scale, as Texas opens itself up to an increasing volume of infrastructure projects. The firm has impressed with its combination of “good corporate sense and strong knowledge of government relations,” as they represent private developers, bidders and financial institutions on a variety of toll road projects across Texas.
The Lawyers: Partner Tom Moore leads on the infrastructure developmental and financial projects that the firm has been doing. He has been particularly impressive for the financial institutions.
Clients/Work Highlights: The firm has played representative roles on both the SH 130 and SH 121 Toll Road Projects. On the former, it represented the concession company as project finance lead counsel, while on the latter they represented a consortium headed by Cintra Concesiones de Infraestructuras de Transporte and JPMorgan Asset Management as lead counsel.DISTRICT OF COLUMBIA
Energy: Electricity (Band 5)
The Firm: Liaising with key teams in Texas and New York, this DC group offers expertise in energy finance, infrastructure, transactions and investigations. Its lawyers are well equipped to handle a wide range of matters affecting utilities, banks and energy companies. In addition to representations on energy-related disputes before the US Supreme Court, various trial and appellate courts and FERC, the group has been kept occupied by advising on the development of compliance programs for energy companies and financial institutions. These programs relate to the trading of electric power and capacity, and involve compliance with the Federal Power Act and the Commodity Exchange Act. Clients praised the group for its “judicious staffing.” Sandy Rizzo's arrival bolsters the team’s FERC capability and has added a number of clients to the roster, including PPL Corporation.
The Lawyers: “Extremely knowledgeable, up-to-date, experienced and flexible,” energy regulatory and compliance specialist Dan Watkiss [Band 5] makes his debut in the rankings. He advises on transactions, investigations and litigation. Observers note that “in settlement negotiations he stands firm without being offensive.”
Clients/Work Highlights: The team acted for Merrill Lynch before FERC on matters pertaining to the transfer of high-voltage transmission systems to more tax-efficient structures. Transmission development has been an active area for a group that has represented Cavallo Capital Partners in the development of a high-voltage transmission line into Manhattan.
Energy: Oil & Gas (Band 4)
The Firm: “Attentive, responsive and thorough,” this firm’s DC energy practice earns special recognition in the natural gas and LNG sectors as a result of its regulatory, commercial and financial acumen. Compliance has been a prominent theme in the energy sector since the Energy Policy Act 2005 was implemented in 2006, and the group has capitalized on this. It now advises extensively on an increasing amount of compliance and enforcement issues, internal reviews and self-reports relating to the act. It further administers an ad hoc energy compliance network that combines the firm’s white-collar crime and compliance teams in DC, New York and Houston. Together, they monitor FERC, CFTC and Texas Public Utility Commission gas and electric compliance and enforcement issues. Such regulatory expertise means that clients “have a lot of faith and trust in them.” As one commented: “If I had a problem, I wouldn’t make a move until I’d got them on board.” The team’s many other interests also include energy trading work, where it has attracted a number of blue-chip clients including the energy trading divisions of leading investment banks and financial institutions. They, like many others, are drawn to the fact that this is a firm whose longevity in the market means it has a “great understanding of the history and people involved in the natural gas world.”
The Lawyers: “Down to earth, thorough and careful,” co-head of the firm’s energy regulation group Charles Shoneman [Band 2] impresses clients with his FERC and state regulatory knowledge, his abundance of experience, and his familiarity with the natural gas markets. Described as “the total package,” he has a regulatory practice that encompasses ratemaking, litigation, compliance and enforcement issues, as well as M&A, financing and LNG projects matters.
Clients/Work Highlights: The group’s highlights include acting for 4Gas on FERC and other regulatory matters arising from the purchase of the Vista del Sol LNG terminal and pipeline project on the Gulf Coast of Texas. It also acted for Shell LNG on transactions relating to the Elba Island LNG terminal expansion and new pipeline.
Environment (Band 4)
The Firm: Making waves in the DC market, Bracewell & Giuliani is best known for its tremendous lobbying practice and representation of oil and gas utilities, but is perceived as expanding beyond these traditional strengths into other areas.
The Lawyers: The firm has “beefed up its capability” following the appointment of Jeffrey Holmstead [Band 3], a former administrator for air and radiation at EPA. He advises clients on a wide range of matters, including CAA policy and enforcement, energy policy and climate change. Scott Segal [Band 5] co-heads the firm’s federal government relations and advocacy practice. His lobbying experience is extensive, and he represents major corporate clients on issues such as climate change, CAA and fuel additives. Lisa Jaeger [Up and coming] represents industrial clients before regulatory agencies and Congress on a variety of environmental and natural resources issues, including water, waste, clean air and energy efficiency.
Projects
The Lawyers: “Extremely efficient, with an unbelievable work ethic,” Nancy Wodka [Band 3] of Bracewell & Giuliani LLP's office in Washington, DC debuts in the rankings as a fine energy project development lawyer, who is “accomplished and well versed in EPC contract matters and projects involving in-depth technical knowledge.” Head of the firm’s global projects group, Wodka has been lead attorney for Sithe Global Power on several US power plant development projects, and serves as lead outside counsel for Westinghouse Electric in engineering, equipment supply and construction contract negotiations for new nuclear power plants with several major utility companies.
NEW YORK
Bankruptcy/Restructuring
The Lawyers: Evan D. Flaschen [Band 4] left Bingham McCutchen in February 2007 to chair Bracewell & Giuliani LLP's financial restructuring group. Sources are confident that "he will provide the kind of big-name leadership that could put the firm on the map." Although based in Connecticut, Flaschen practices mainly in New York, where he represents a number of hedge funds, institutional investors, fund managers, leveraged finance agents and financial services companies. "He's a savvy and solutions-oriented practitioner who advocates directly and pointedly," report clients.
TEXAS
Banking & Finance (Band 1)
The Firm: Numbering more than 80 attorneys, this firm runs the majority of its banking and finance work from its Houston office. Centered on the energy industry and especially prominent on the lender side, the team is best known for its cutting edge oil and gas-related expertise, as evinced by its extensive work for clients such as Citibank, Bank of America and RBS. The past year’s workload has featured a huge amount of syndicated lending transactions, as well as a growing number of matters representing traditional energy-industry lenders as they expand into the commodities market. Clients admire the team for its “consistent quality: you get a high level of expertise from top to bottom.”
The Lawyers: Bringing over 30 years' experience to the table, “key personality” William Hayes [Band 1] concentrates almost exclusively on bank credit facilities within the energy industry. Traditionally representing banking clients JPMorgan and Citibank, for which he is relationship partner at the firm, he has in recent years found his caseload expanding to include borrower work. “A prominent lawyer with outstanding talent,” Mark Evans [Band 2] specializes in syndicated lending within the energy sector. With a caseload including midstream, service and refinery-side work, he recently advised on mezzanine loans, revolving credit and term loans, structured transactions and production payment credits. Focusing on complex financial transactions and the purchase and sale of commodities for clients in the energy industry, Heather Brown [Band 3] is also active for Bank of America and Citibank. “Highly visible in the lending market,” pure finance lawyer Dewey Gonsoulin [Band 3] concentrates principally on traditional lending work, including corporate loans, syndicated loans, energy securitizations and project finance. He is known for his work for Société Générale and Goldman Sachs. “One of the top younger people around,” Catherine Ozdogan [Up and coming] runs finance transactions for clients including Plains Exploration and Production, notably advising on the $3.6 billion acquisition of Pogo Producing.
Clients/Work Highlights: The firm represented Calyon New York Branch as the agent in a $300 million revolving credit facility for Florida Gas Transmission. The team also acted for Wells Fargo in a $750 million credit facility for Milagro Exploration. Additionally, lawyers advised Société Générale on a $282 million credit facility for Lansing Ethanol.
Bankruptcy/Restructuring (Band 4)
The Firm: This Texas bankruptcy team handles a mix of local and national work out of its Houston and Dallas offices. The firm benefited on a national level by welcoming the nationally renowned bankruptcy specialists Evan Flaschen and Gregory Nye in Hartford, Connecticut. Highlight work for the team has included its role in a highly contentious matter involving a debtor with a lease to produce landfill gas from the largest landfill in Dallas.
The Lawyers: Specializing in Chapter 11 commercial bankruptcy work in Dallas, Samuel Stricklin [Band 3] primarily represents creditors’ committees and trustees. “One of the more creative guys around,” he wins praise for “his identifying of new angles to obtain leverage in a case,” comment sources. As one of the team’s two Houston partners, Marcy Kurtz [Band 4] is an “impressive bankruptcy litigator” and “a principal player in the local market.”
Corporate/M&A (Band 3)
The Firm: A Houston firm with “lots of talent,” Bracewell & Giuliani continues to be “very well regarded in energy” with a following among community banks. Having grown the corporate practice with lateral hires in the last few years, the firm has a number of corporate finance acquisitions under its belt, though representing energy companies in standard M&A remains the largest part of the practice. However, the firm is now looking to expand beyond its traditional local roots by growing its New York office, with commentators noting it is “going into the right markets and getting the right clientele.”
The Lawyers: Many see Edgar Marston [Band 2] as the firm’s “top guy” and as responsible for spearheading the firm’s growth, especially in Kazakhstan. With over 40 years of experience, his varied practice includes asset acquisitions, business divestitures, securities offerings and contests for corporate control. Younger partner and corporate co-head Gregory Bopp [Up and coming] has been involved in some impressive deals with major client Kinder Morgan, in its $22 billion going private transaction, as well as Kinder Morgan Energy Partners’ $4.4 billion joint venture with Rockies Express.
Energy & Natural Resources (Band 2)
The Firm: The “brilliant team” at Bracewell continues to attract praise for its strength in the energy finance arena. In particular, the group is commended for its confident advance into the territory of renewable power, and peers recognize it as a “formidable competitor in this space.” As a demonstration of its growing international profile, the firm recently represented Econergy International in the acquisition of development rights and wind turbines for two Brazilian wind farms. When it comes to transactional work, the lawyers are recognized as “some of the best in town.” In addition to advising AEP on the sale to InterGen of its 50% interest in a Mexico-based gas-fired power project, they guided Snowflake White Mountain Power through the non-recourse financing it employed during the construction of a wood waste biomass power plant in Arizona. A superb reputation for tax and regulatory expertise (particularly in connection with the SEC) “completes the excellent package of services” the group offers.
The Lawyers: Alan Rafte [Band 2] heads the firm’s energy and finance practice and is trusted counsel to energy clients embarking on major M&A transactions. Recognized for his “insight into the latest trends and issues,” Rafte’s logical, reasoned assessment of potential regulatory concerns wins him acolytes throughout the market. “He is exactly what I look for in a lawyer. He has no ego and asks all the right questions,” asserts one client. Transactional attorney Walter Keneally [Up and coming] “avoids superficial flashiness to provide consistent, reliable advice” in large-scale energy projects. The majority of his practice is devoted to representing developers, investors and utilities in the power industry. His experience of drafting financing instruments and contracts within the renewables sector has lately contributed to his growing profile.
Energy & Natural Resources: Dispute Resolution (Band 3)
The Firm: This firm’s commercial litigation group has established deep roots in the field of energy disputes. Peers acknowledge that its profile in this area continues to grow; in addition to an increase in hydrocarbon patent and IP claims, the lawyers are defending a mounting number of clients in civil cases involving the FERC and other regulatory agencies. The team is proficient in all forms of dispute resolution, including arbitral proceedings, trials and appeals.
The Lawyers: Clifford Gunter [Band 1] accordingly “knows the energy sector inside-out,” declare sources. He manages an extremely active caseload of domestic and international claims involving multiple finance and industry names. His expertise in antitrust, oil and gas and securities matters contributes to his “utterly fabulous” reputation.
Environment (Band 2)
The Firm: This firm is hailed for the outstanding depth and breadth of experience on offer. It elicited client praise for being “extremely responsive and able to handle huge workloads.” Other interviewees commented: “When they promise it will be done, then it will be done. They are really great at informing you about developments.” The firm handles a variety of environmental matters, such as enforcement issues, regulatory compliance, permitting, transactional and disclosure matters. The “small but vibrant” team has the added bonus of a Washington, DC practice with which it regularly cooperates, so giving clients an integrated nationwide service. Recent highlights include advising Concesiones de Infraestructuras de Transporte on one of the largest transportation deals in 2007, in its successful bid to develop the first privatized tollway in Texas.
The Lawyers: According to interviewees, the head of the group at the Houston office, Tracy Hester [Band 2] “has great problem-solving skills: he has the ability to think through really difficult problems and is highly creative.” His practice combines regulatory matters, permitting and environmental diligence in acquisitions and transactions, as well as cost recovery litigation. He continues to impress clients with his “time-conscious responses and friendly manner.” Recent highlights include defending a European oil and gas company against a public nuisance action brought by a state environmental agency, that would force the clean up of a large urban river and downstream bay complex. According to clients, “easygoing and communicative” Timothy Wilkins [Band 4] “gets to the heart of the matter and explains complex legal concepts in an easily comprehensible way.” He offers profound experience in civil and criminal environmental enforcement actions, and regulatory and liability matters regarding contaminated properties, as well as remediation and counseling on the environmental aspects of transactions. One of his recent highlights included handling the environmental aspects of Italian company Eni’s acquisition of the Gulf of Mexico offshore oil and gas assets of Dominion Exploration & Production.
Intellectual Property (Band 4)
The Firm: The firm's focus tends to fall more on the transactional side of the fence, with specialists in Houston, Austin and Dallas working on everything from opinions and licensing to procurement and protection of IP rights. As part of a traditional Houston firm, Bracewell's attorneys frequently assist on matters relating to the firm's corporate energy transactions, such as private equity and IPOs. In the last few years, the group has built up its trademark filing practice, and for disputes, can ably collaborate with the firm's litigators in taking patent, trademark and trade secrets suits to court. Some major corporate transactions on which the IP attorneys worked include the $22 billion MBO of Kinder Morgan, as well as ENI Petroleum's acquisition of Dominion's Gulf of Mexico assets for nearly $4.8 billion.
The Lawyers: The experienced Albert Kimball [Band 3] comes highly recommended by peers as "a fine, fine attorney" who focuses on strategizing, expert witnessing, opinion work and patent prosecution, often for the oil and computer industries. Constance Rhebergen [Band 3] is a transactional IP attorney who spends her time performing due diligence in a variety of industries, such as petroleum, food services, chemicals and telecom. Peers respect her for her "thoroughness and diligence."
Labor & Employment (Band 3)
The Firm: This traditional Houston firm offers clients all the resources a full-service operation can provide, including a well-rounded labor and employment group that is very proficient in matters spanning labor organizing to nationwide employment class actions. Particular areas of expertise include OSHA, ADA and, somewhat uniquely, Railway Labor Act cases. Clients have also instructed the firm on noncompete, wrongful termination, administrative and ERISA litigation, with the consensus that Bracewell attorneys are "problem-solvers who are quick to understand the role we want them to play" and "great to work with on bills." With the dissolution of former competitor Jenkens & Gilchrist, Bracewell is now looking to upgrade its capabilities in Dallas, which include a traditional labor offering. Recent highlights include representing a major manufacturer in a national wage and hour case, in which plaintiffs from 12 different facilities are suing for unpaid overtime. The firm is also advising a national financial institution in a class action suit involving allegations of fraud and race discrimination.
The Lawyers: Recently arrived from Jenkens & Gilchrist is Bob Sheeder [Band 1], widely thought of as "one of the best labor and employment lawyers in Dallas." Sheeder advises management on traditional labor law and employment litigation, and has been experiencing an uptick in collective actions. Long-standing San Antonio labor practitioner Tullos Wells [Band 3] has "a calming influence that instills much confidence in clients." This "sage advisor" is equally proficient in all facets of his practice, including deposition, arbitration and courtroom, but he is perhaps best known for his work with the San Antonio Spurs. “Solid litigator” Amy Halevy [Band 3] handles a good deal of oil and gas work for clients including Schlumberger.
Litigation (Band 3)
The Firm: Originally a Texas firm, this full-service multinational retains its global headquarters in Houston, with offices in Austin, Dallas and San Antonio making up the rest of its Texas network. The group key strengths lie in the energy, financial services and telecom spheres, and lawyers are recommended for “their potent combination of high intelligence and excellent advocacy; they know how to effectively communicate to judges and juries.”
The Lawyers: Clifford Gunter [Band 2] “is without peer at the firm.” He has almost 40 years of litigation experience behind him and market sources admire him for having “absolutely no fear at all about going to court.” “Upcoming star” Brett Busby [Up and coming] handles a range of contentious matters at both appellate and trial level. He recently joined the firm from Mayer Brown.
Litigation: Appellate
The Lawyers: Warren W. Harris [Band 3] leads the firm’s appellate practice and serves as chair of the State Bar of Texas Appellate Section. “Very aggressive in an appropriate and professional way,” Harris is applauded for “leaving no stone unturned and pushing hard for his client’s position.”
Projects (Band 3)
The Firm: This Houston firm’s respected projects capability blends its industry expertise in energy, transportation and real estate with its impressive banking and finance muscle to provide a well-rounded service to sponsors and lenders. Embracing acquisitions and divestitures, finance, commodities trading and energy infrastructure transactions, the lawyers are deemed “extremely efficient, able to extract what we need and then go for it,” say clients. The lawyers’ flair for advising on transportation infrastructure has come to the fore of late, and they have been highly active representing consortia and concession companies in toll roads and highway projects.
The Lawyers: The “unflappable” Alan Rafte [Band 3] advises energy companies, equity investors and banks in M&A, project financing and trading matters across the spectrum of the energy industry. Clients rate his broad experience base, commercial judgment and ability to stay calm “no matter how bad things look when problems arise.” Finance lawyer Mark Evans [Band 4] is effective in upstream oil and gas projects, typically acting for international lenders on complex projects. Thomas Moore [Band 4] is warmly praised by clients for “understanding a consortium’s needs, he has a fine grasp of what banks want and what they can accept.” Moore offers broad projects experience from energy projects to toll road concessions and finance, with sources highlighting his calm demeanor and unwavering reliability at times of extreme pressure.
Real Estate (Band 2)
The Firm: Market consensus supported the promotion of this project-oriented real estate group to Band 2: “It’s a really convincing practice that we run into all the time on big deals.” Its prominence in development work is particularly impressive, with recent highlights including developing a large shopping mall for a national REIT and representing the developer in a hotel joint venture. Its central role in the local mixed-use development boom is also proof that the team has its finger on the pulse and is moving in the right direction. However, where it really strides away from the pack is through tapping into the firm’s large stable of energy clients and working on big-dollar power plant development projects.
The Lawyers: Clark Thompson [Band 2] is the group’s greatest force and “among the best real estate lawyers in the state,” according to market sources. His development-focused practice is a combination of mixed-use projects and large-scale tenant relocations. Partner Aaron Roffwarg [Up and coming] wins praise for his “outstanding level of experience.” He handles construction, financing, acquisition, leasing and sale of properties, often in the energy sector.
Tax (Band 3)
The Lawyers: Joe Hull [Band 4] enjoys a reputation for being “very good, particularly in state tax.” He also represented Enterprise Products on two hybrid debt financings for $1 billion in total [...] Hull receive[s] instruction from Kinder Morgan for work ranging from marine acquisitions and energy dispositions to advising on its go private process.
Technology: Corporate & Commercial (Band 4)
The Firm: Bracewell’s corporate technology practice embraces a range of clients and advises on fundraising, formation, M&A, securities and corporate governance. The group represents startups, mature companies and individual entrepreneurs from the hi-tech, energy, telecom and life sciences industries. It also counts venture capital and private equity funds among its clients. Technology attorneys work closely with the IP and tax teams when representing clients such as Tech Pharmacy Services in several financings, acquisitions and a $20 million private equity recapitalization. It also handles patent filing and litigation.
The Lawyers: Thomas Manford [Band 3] represents startups and growth companies on venture fundraising, debt and equity financing and M&A matters. He assists venture funds on their investments in entrepreneurial companies and also provides them with IP transfer and licensing advice.
For more information about Bracewell & Giuliani, visit the Chambers and Partners website at www.chambersandpartners.com.
Chambers Global
The 2008 issue of Chambers Global: The World’s Leading Lawyers for Business has named Bracewell & Giuliani LLP’s Corporate and Securities and Energy practices as among the best in the world. The guide also singled out three of the firm’s partners, G. Alan Rafte, Charles H. Shoneman and Gregory J. Vojack, in recognition of their professional excellence and quality client service.
The following are some excerpts of what the guide — and Bracewell’s clients — had to say about the firm and its attorneys:Kazakhstan: Corporate & Commercial
The Firm: The expansion of this sizeable firm has allowed it to develop teams led by senior associates, concentrating on the specific practice areas of capital markets, acquisition work and dispute resolution. The team’s principal strength lies in capital markets matters where it is “a regular presence in the role of issuer’s counsel.” The team has been involved in the majority of cross-border note Eurobond transactions out of Kazakhstan over the past year, acting in pioneering Eurobond issuances of Kazakh tenge, Polish zloty and Japanese yen as well as dollars and euros. Other matters have included cross-border bilateral and syndicated loans for major local banks and private note placements. The team has expanded its capabilities in the M&A field, advising on a range of major acquisitions in the past twelve months. Another significant development is the addition of a five-lawyer presence in London, giving full English law capability and “completing the team make-up.”
The Lawyers: “Energetic and active on every deal,” managing partner Gregory Vojack “has done a good job of building a strong practice around himself,” attest interviewees. Instrumental in a lot of bond deals, he has strong relationships with the issuers and regulators and “he knows how to get things done.”
Clients/Work Highlights: The firm acted for KazTransOil on its acquisition of the Batumi Oil Loading Terminal in Georgia, and advised Bank TuranAlem on the issue of USD400 million perpetual preferred securities constituting Tier 1 regulatory capital of the bank. Additionally, lawyers have handled diversified payment right securitisations with Bank TuranAlem, Halyk Bank and Nurbank.
The guide added the following about partner Gregory J. Vojack:
Greg Vojack represents clients in general corporate law, international securities transactions, joint ventures and oil and gas projects. He serves as Legislative Counsel for several governments of Central Asia. Mr Vojack has extensive experience in both civil and common law commercial legal systems, and substantial experience as an international business economist and corporate adviser. He received international recognition for his work in corporate and commercial law in the Commonwealth of Independent States that led to the development of the capital markets in Kazakhstan.
United States: Energy (Oil & Gas)
The Firm: This well-regarded practice blends regulatory, transactional and finance skills to service a mixed client base across the power and oil and gas sectors. Its presence in Texas, New York and Washington, DC as well as London, Kazakhstan and its new Dubai office provides a geographical coverage that clients appreciate. The firm advises international oil and gas companies, counselling clients such as Constellation Energy on FERC natural gas compliance matters. Other significant clients include Dynegy, Peoples Gas System, SCANA and Kinder Morgan. The group has been involved in M&A transactions relating to generation assets, pipeline facilities and oil and gas producing properties, including Eni's acquisition of Dominion Resources' Gulf of Mexico properties and Statoil's acquisition of Spinnaker Exploration. With an enviable track record in government relations and regulatory matters, the DC team is also commercially strong. It advised TXU on the disposition of its gas assets portfolio, and Shell gas marketing affiliate Coral Energy Resources on a number of structured transactions. Making headway on the trading and marketing strands of the industry, the group attracts heavyweight finance clients such as Citibank and UBS, and has gained new client Petroplus in an advisory role on the acquisition of a Rotterdam LNG project. Indeed, the firm represents some of the largest LNG clients, including Shell North America LNG, as well as assisting Shell Oil in connection with the Weaver's Cove LNG Project.
The Lawyers: In DC, Chuck Shoneman is described as “the premier expert in getting access to move gas through US pipelines.” His practice ranges from rate-making and project authorisation applications to compliance, litigation and enforcement matters. Based in Houston, Alan Rafte is praised for exercising good judgment and has “a practical view of how to execute a transaction supported by sound structuring experience,” noted sources.
The guide further recognized Chuck Shoneman for his regulatory and litigation work on behalf of clients in the Energy: Oil & Gas sector, including the following description:
Chuck Shoneman's expertise includes federal and state energy regulatory matters before the Federal Energy Regulatory Commission, Department of Energy, Department of Interior, and various state public utility commissions and appellate courts. His practice involves project authorization, ratemaking, compliance, regulatory litigation and enforcement matters. He advises clients regarding the regulatory aspects of project development, commercial transactions, mergers and acquisitions, financings and litigation, federal royalty matters, natural gas and electric import and export matters, liquefied natural gas matters, and the restructuring of the gas and electric industries.
Similarly, Alan Rafte was noted for excellence in Energy: Oil & Gas transactional work. The guide included the following specifics about his practice:
Alan Rafte serves clients in transactions involving merchant electric generation facilities, electric utilities, commodity trading, oil and gas exploration and production, and gas and liquid pipeline and processing facilities. He represents utilities, private equity investors, financial institutions and commodity trading businesses in transactions that include acquisitions and divestitures of assets and companies, joint venture arrangements, structured finance, leveraged finance, project development and project finance. Recent engagements have included acquisitions of power generation facilities by private equity firms and sales of commodity trading businesses and commodity trading positions.
For more information about Bracewell & Giuliani and our internationally recognized legal services, visit the Chambers and Partners website at www.chambersandpartners.com.
Euromoney
A summary of Bracewell’s recent Euromoney rankings includes the following practices and honors:
Energy
From 2001 through 2007, Bracewell’s Energy attorneys were ranked in the Guide to the World’s Leading Energy and Natural Resource Lawyers, published by Euromoney Institutional Investor. Subsequently, Bracewell’s Energy practice as recognized as a leader in energy and natural resources by the International Financial Law Review’s “Best of the Best USA, 2008.”
Financial Restructuring
Beginning in 2005 through the current 2008 rankings, Bracewell has been listed in the Guide to the World’s Leading Insolvency and Restructuring Lawyers, published by Euromoney Institutional Investor. In 2008, the firm’s Financial Restructuring group received the award for “Restructuring of the Year—Americas” from Euromoney’s International Financial Law Review for its work on the Remy International prepackage. Also this year, Bracewell was also recognized as leader in insolvency and restructuring services by Institutional Financial Law Review in its list of the “Best of the Best USA, 2008”
International
From 2005 through 2008, Bracewell's Caspian Sea practice has been recognized for maintaining a "strong niche advising on Eurobond issues" in Euromoney's International Financial Law Review 1000: The Guide to the World's Leading Financial Law Firms. In 2007, the publication described Bracewell’s Kazakhstan practice as follows:
“Bracewell & Giuliani’s Kazakh operation continues to be extremely active in the capital markets, in a country which is growing in terms of capital markets and financing transactions. Clients consider it ‘a firm that always aims to build lasting relationships,’ and recommend leading lawyer Greg Vojack for his ‘charming personality, trustworthiness, reliability and experience.’
“Recent debt capital markets deals saw the firm advise Bank TuranAlem on its $2 billion medium-term note programme arranged by Credit Suisse, a hybrid Tier I capital share preference with Credit Suisse First Boston and ING worth $400 million, and a Rule 144A tranche from Credit Suisse and ING valued at $300 million.
“Elsewhere, the firm advised Bank Center Credit on a $250 million Regulation S bond issue and $100 million issue of hybrid Tier I capital (both arranged by Citibank), and acted on bond issue by, among others, Astana Finance, ATF Bank, the Halyk Bank of Kazakhstan and the JSC Temit Zholly National Railway Company.”
Litigation
Bracewell was listed in the 2005 Guide to the Leading U.S. Litigation Lawyers published by Euromoney Institutional Investor. Subsequently, in 2008, the firm’s Litigation practice was ranked among the best in Texas by Benchmark: America's Leading Litigation Firms and Attorneys published by Euromoney Institutional Investor.
Tax
In 2008, Bracewell’s Tax practice was also ranked among the best in Texas by Benchmark: America's Leading State and Local Tax Advisors published by Euromoney Institutional Investor.
Other Honors and Awards
BTI Consulting Group
Bracewell named top 100 in corporate transactions in BTI's report Law Firm Leaders and Contenders in Corporate Transactions Market, 2007.
Clients regard Bracewell & Giuliani—by name—for delivering superior client service, according to The BTI Client Service A-Team Survey, 2008.
Corporate Board Member
Bracewell was named one of Houston's best corporate law firms, 2006 and 2007.
PLC Which Lawyer?
Bracewell's banking and finance, corporate/mergers & acquisitions, energy, environmental, restructuring and insolvency, intellectual property and tax practices were recognized for its excellence, 2006- 2008.
Project Finance
Bracewell ranked No. 5 in the U.S. for project finance in the leading major legal markets by Project Finance magazine's Global Contacts and Survey Book, 2006.
SNL Financial
Bracewell has consecutively ranked among the top in the nation by number of banking deals and by deal value, 2006-2008.
Trademark Insider Report
Bracewell was named the No. 1 Houston law firm by NameProtect's Annual Trademark Insider Report, 2002-2006.