Expert Guides - Best of the Best USA

The Supplemental Admiralty Rules: A Realm of Unique Experiences and Possible Repercussions

In the Fall of 1999, while as an associate at my firm (Semmes, Bowen & Semmes in Baltimore, Maryland), I had the pleasure of handling my first vessel arrest action, all by myself, from start to finish

14/04/2021 Alexander M Giles, Whiteford, Taylor & Preston, US

Emerging Antitrust Regulatory and Litigation Risks Facing the Tech Industry

When confronted with antitrust and competition issues, technology companies face increasingly complex challenges

14/04/2021 Robert J Giuffra Jr, Sullivan & Cromwell, US Sharon L Nelles, Sullivan & Cromwell, US

The Likely Effects of the Global COVID-19 Crisis Highlight the Need for the OECD to Hit the Pause Button on the Inclusive Framework Digital Project

As this article is being written, coronavirus (COVID-19) infections, serious illness and deaths are expanding globally

29/03/2020 Michael F Patton, DLA Piper, US

TCJA one year later

The Tax Cut and Jobs Act (“TCJA”), enacted in late 2017, brought substantial changes to the US tax world

20/03/2019 James P Fuller, Fenwick & West, US

The Jones Act Revisited

Although the Jones Act, the United States statute the effectively limits the cabotage trade of the United states to US citizens, has long been a backwater of American maritime legal practice, it is experiencing a bit of a renaissance – or at least a renewed interest

20/03/2019 Lawrence Rutkowski, Seward & Kissel, US

Recent Supreme Court decisions complicate US securities litigation

The United States is famous for having the most highly developed and complex securities litigation regime in the world

20/03/2019 Robert J Giuffra Jr, Sullivan & Cromwell, US Matthew A Schwartz, Sullivan & Cromwell, US Brendan Hammond, Sullivan & Cromwell, US

US employment litigation year in review

The employment law landscape in the United States continues to evolve at a rapid pace

20/03/2019 Andrew J Boling, Baker McKenzie, US William Dugan, Baker McKenzie, US

What a fund manager should know about entering the litigation finance industry

Stephanie R Breslow is a partner and co-head of the Investment Management Group. Boris Ziser is a partner and co-head of the Structured Finance & Derivatives Group. Yasmin Naghash is an associate at the firm.

20/03/2019 Stephanie R Breslow, Schulte Roth & Zabel, US Boris Ziser, Schulte Roth & Zabel, US Yasmin Naghash, Schulte Roth & Zabel, US

Emergency arbitrator rules among four major arbitral institutions: both alike and different

Regardless of the rules in an international arbitration, the arbitral tribunal is often not fully constituted until months after a request for arbitration is filed

20/03/2019 David B Wilson, Sherman & Howard, US Adrian (“Jay”) Leonard IV, Sherman & Howard, US

Transfer Pricing: Current issues

The 2017 Tax Reform Act added a new third sentence to § 482 that allows aggregation and the consideration of realistic alternatives if it produces the most reliable means of valuation

29/03/2018 James P Fuller, Fenwick & West, US Andrew J Kim, PwC, US Larissa Neumann, Fenwick & West, US

Protecting against “Apex” Depositions

The myriad duties and responsibilities of corporate executives to manage and direct the day-to-day operations of companies make their involvement in litigation unduly burdensome to them and their organizations

29/03/2018 James M Campbell, Campbell Conroy & O'Neil, US Jacob J Lantry, Campbell Conroy & O'Neil, US

Insurance Coverage in the Wake of a Natural Disaster: Current Issues and Hot Topics

From the earthquake in Mexico City, to California wildfires, to Hurricanes Harvey, Irma, and Maria – to name but a few – 2017 was a year marked with an alarming number of natural disasters

29/03/2018 John D Shugrue, Reed Smith, US David M Cummings, Reed Smith, US Caroline M Upton, Reed Smith, US

When Interpreting Insurance and Reinsurance Contracts Under New York Law, Don’t Presume Anything

Many lawyers are in love with presumptions and rules of construction

29/03/2018 Larry P Schiffer, Squire Patton Boggs, US

Electronic Discovery in Construction Disputes – Pitfalls for the Unwary

Preparing a construction case for arbitration or litigation creates the challenge of distilling the “best” evidence from a universe of documents that frequently exceeds hundreds of thousands of pages

29/03/2018 H James Wulfsberg, Burke, Williams & Sorensen, US David J Hyndman, Burke, Williams & Sorensen, US J Todd Wulfsberg, Burke, Williams & Sorensen, US

Defending Antitrust Allegations of Wage-Fixing and No-Poaching Agreements

On October 20, 2016, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued important new guidance that shifts the DOJ’s policy regarding agreements relating to the hiring and compensation of employees

29/03/2018 John Taladay, Baker Botts, US

Important Lessons in Contract Formation from The Wolf: What Are Letters of Intent?

Many of you no doubt remember Harvey Keitel playing Winston “The Wolf” Wolfe in Pulp Fiction where he said to Vince, played by John Travolta, “If I’m curt with you it’s because time is a factor

29/03/2018 Marc D Latman, Smith Gambrell & Russell, US John G McCarthy, Smith Gambrell & Russell, US

Spaceports: A New Frontier for Financing

With the rising dependence on space technology and space-based services, ensuring low-cost and reliable access to space for commercial companies has become paramount

29/03/2018 Elizabeth H Evans, K&L Gates, US

Taking Stock of US “Tax Reform” as the Dust Settles

After a year of speculation about the legislative capabilities of a Republican-held Congress, the United States has managed to pass its first major tax bill in three decades

25/03/2018 Marc M Levey, Baker McKenzie, US Alexandra Minkovich, Baker McKenzie, US Joshua D Odintz, Baker McKenzie, US Kathryn E Rimpfel, Baker McKenzie, US

Best of the Best USA 2017 Methodology

Welcome to the 2017 edition of the Best of the Best USA, a guide to the top legal practitioners in the US across 16 areas of law.

16/05/2017

Don’t Forget About Mediation: Settlement and Satisfaction

Mediation in trademark disputes is increasingly common. The International Trademark Association (INTA) reports that mediation settlement rates for intellectual property disputes may be as high as 70%. INTA, the World Intellectual Property Association (WIPO), and the European Union Intellectual...

31/03/2017 Katherine M Basile, Reed Smith, US

Recent US International Tax Developments

The outgoing Obama Administration issued an unusual number of lengthy tax regulations just before and after year end

31/03/2017 James P Fuller, Fenwick & West, US David L Forst, Fenwick & West, US

US Entity Transactions Bump Against the Inversion Rules in Unanticipated Ways

The US “domestic entity acquisition” (“DEA,” aka “inversion”) rules must be considered whenever any stock or options of a foreign acquiring corporation (“FA”) are issued in a transaction with a US corporation or partnership (“USco”) to former USco equity holders

31/03/2017 Peter H Blessing, KPMG, US

The United States: No Longer a Shangri-La for Plaintiffs’ Lawyers

Historically, plaintiffs’ lawyers around the world have viewed the United States as the most plaintiff-friendly jurisdiction, and sought to file their cases in U.S. courts even when the underlying parties and facts have much stronger ties to other countries

31/03/2017 Robert J Giuffra Jr, Sullivan & Cromwell, US Matthew A Schwartz, Sullivan & Cromwell, US Julia A Malkina, Sullivan & Cromwell, US

American Wage and Hour Litigation: Compliance, Experts, and the Certification Process

The American wage and hour litigation wave continues, and the essential areas of focus for corporate employers in successfully defending these actions is increasingly centering on a “back to basics” approach

30/03/2017 William C Martucci, Shook Hardy & Bacon, US Kristen A Page, Shook Hardy & Bacon, US

Recent Trends in Alternative Funds

The past year has been mixed for alternative funds. In the hedge fund space, industry assets under management increased by $70 billion to $3.22 trillion, despite lackluster overall returns and noisy withdrawals by certain institutional investors

30/03/2017 Stephanie R Breslow, Schulte Roth & Zabel, US Patrick Dundas, Schulte Roth & Zabel, US

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