PRESS RELEASE
McDermott Boosts Regulatory Bench by Adding Four Antitrust Veterans
February 24, 2021
Read time: 5 min
International law firm McDermott Will & Emery announced that Lesli C. Esposito, Brian J. Boyle and Justin P. Murphy joined the Firm’s antitrust practice as partners based in Washington, DC. Timothy (Ty) C. Carson also joined as antitrust counsel. The group’s combined experience in private and government sectors provides clients with increased antitrust capabilities to tackle intricate enforcement policies emerging in a rapidly evolving, high-tech and post-pandemic environment.
“With the likelihood of increasing enforcement activity impacting key business priorities, our clients need a strategic partner by their sides. Our new teammates will lead our clients to success in and outside the courtroom,” Ray Jacobsen, global head of McDermott’s regulatory practice, said. “Each of these lawyers is a recognized leader among the most nuanced areas of antitrust law and brings a deep understanding of risk mitigation strategies to protect consumers and businesses.”
Prior to joining McDermott, Lesli served as co-head of DLA Piper’s global antitrust and competition group, where she worked alongside Brian. Justin most recently worked as a trial lawyer for the Department of Justice (DOJ) Antitrust Division and previously worked in private practice for 15 years. Ty most recently served as attorney with the Federal Trade Commission’s Premerger Notification Office and specializes in Hart-Scott-Rodino filings.
Lesli represents Fortune 500 and other high-profile companies in complex issues related to government investigations, litigation and compliance in the fields of consumer protection and antitrust. In addition to being a full-service antitrust lawyer, Lesli handles false and deceptive advertising claims, social media compliance, endorsements, disclosures, claim substantiation, tortious interference and related state law issues. “I am beyond excited to be part of McDermott’s global team. I am deeply committed to developing and expanding the Firm’s antitrust practice in the area of consumer protection law and generating positive results for existing and prospective clients,” Lesli added.
Brian represents leading global businesses in antitrust and consumer protection-related litigation and investigations, and advises clients on merger control, compliance and government strategies. His experience includes antitrust merger and cartel matters, as well as consumer protection matters related to privacy, advertising, direct marketing, online media and alleged unfair or deceptive trade practices. “McDermott is the clear choice to offer my clients cutting-edge counsel on any complex antitrust or consumer protection issue they face,” Brian noted. “In addition, I look forward to reigniting the synergy between Lesli and me, having successfully worked together on behalf of numerous clients in the past.”
Justin focuses his practice on complex antitrust litigation and government and white-collar criminal investigations. As a DOJ trial lawyer, he prosecuted domestic and international antitrust conspiracies, procurement fraud and other individual and corporate fraud and corruption cases. Complementing his practice, he brings unique experience at the intersection of data protection and antitrust law with experience handling privacy and cybersecurity matters as a computer hacking and intellectual property prosecutor for DOJ’s Antitrust Division. “I’m thrilled to return to private practice with McDermott, a recognized leader in providing superior client service,” Justin added. “I look forward to diving in and working with other top-tier lawyers to lead clients to their best possible outcomes.”
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective—and often unexpected—solutions that propel success. More than 1,200 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.
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McDermott Comment | Airline Catering Provider Wins OK To Advance Restructuring Plan
PRESS RELEASE
McDermott Comment | Airline Catering Provider Wins OK To Advance Restructuring Plan
February 19, 2021
Read time: 3 min
Mark Fennessy, partner at law firm McDermott Will & Emery, said:
“The decision in Gategroup may have signalled a high-water mark for the utility of the new UK Restructuring Plan for debtors and debt issuers especially when it began to show such promise following decisions in the Virgin Atlantic, Pizza Express and the Deep Ocean restructurings.
The decision in Gategroup to class the Restructuring Plan as an insolvency proceeding may significantly impair the means to have such a plan recognised internationally especially post-Brexit when it has lost the automatic recognition mechanisms under European regulations.
Post-Brexit the Lugano Convention and the Hague Conventions formed the foundation of a likely path to recognition and assistance for UK Restructuring Plans. There was a hope and expectation that the Restructuring Plan would not fall into the bankruptcy exception under either of the Lugano or the Hague Conventions and therefore, like its sibling the UK Scheme of Arrangement, would benefit from these recognition mechanisms. It looks like a door has been shut on this possibility at such a formative stage of the Restructuring Plan which only came into force in late June last year as a part of the Corporate Insolvency & Governance Act 2020.
Where a door shuts another would need to be opened for debtors and we at McDermott are already exploring alternative ways of bypassing this decision in relation to future UK restructuring options which are now very likely to be needed.”
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McDermott Represents Apollo Global Management and US Acute Care Solutions in Investment Transaction
DEAL ANNOUNCEMENT / PRESS RELEASE
McDermott Represents Apollo Global Management and US Acute Care Solutions in Investment Transaction
February 19, 2021
Read time: 3 min
International law firm McDermott Will & Emery represented Apollo Global Management, a private equity firm, and US Acute Care Solutions, a physician-owned emergency medicine and hospital service business, in a recent debt and equity investment transaction. Apollo Global Management will invest in US Acute Care Solutions. The transaction will include a full recapitalization of the company and US Acute Care Solutions will be approximately 90% owned by its physicians while positioning the business for additional growth.
- This transaction was announced on February 9, 2021.
- Separate McDermott Will & Emery teams acted as legal advisors to Apollo Global Management and US Acute Care Solutions.
- The McDermott team for Apollo Global Management was led by John Callahan and included Patrick Martinez, Ian Schwartz, Emily Palmer, Patrick Zanayed, Tony Maida, Dexter Golinghorst, Evelyn Atwater, Ryan Higgins, Nick Alarif, Caroline Reigart and Emma Chapman.
- The McDermott team for US Acute Care Solutions was led by Kevin Miller and included Marshall Jackson Jr.
McDermott Will & Emery has over 100 private equity lawyers and is the leading firm ranked by Pitchbook in healthcare private equity by deal volume.
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective—and often unexpected—solutions that propel success. More than 1,200 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.
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McDermott Advises Trizell on Development and Manufacturing Agreement with Catalent
DEAL ANNOUNCEMENT / PRESS RELEASE
McDermott Advises Trizell on Development and Manufacturing Agreement with Catalent
February 19, 2021
Read time: 3 min
Frankfurt, February 19, 2021 – McDermott Will & Emery advised Trizell GmbH on signing a development and manufacturing agreement with Catalent, an international pharmaceutical contract research and development company.
The agreement is to support the manufacturing of Trizell’s Phase 1 cell therapy for the treatment of micro- and macroangiopathies. It refers to the development of a manufacturing process and a subsequent supply of clinical material for a phase 1/2 clinical trial. The cell therapy product is to be manufactured at Catalent’s facility in Gosselies, Belgium.
Trizell GmbH, a subsidiary of Swiss-based Trizell Holding SA, is a German biotech company focusing on the research, development, production and distribution of innovative pharmaceutical and diagnostic products, primarily in the field of cell therapy.
Headquartered in New Jersey, Catalent is a leading global provider of advanced delivery technologies, development, and manufacturing solutions for drugs, biologics, cell and gene therapies, and consumer health products.
Trizell GmbH was advised by McDermott’s Corprorate counsel Monika Emilia Richter.
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective—and often unexpected—solutions that propel success. More than 1,200 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.
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Last Known Living Survivors Added to Historic Tulsa Race Massacre Lawsuit
PRESS RELEASE
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McDermott Ranked By World Trademark Review 1000 For Eleventh Consecutive Year
AWARDS & RANKINGS / PRESS RELEASE
McDermott Ranked By World Trademark Review 1000 For Eleventh Consecutive Year
February 18, 2021
Read time: 5 min
International law firm McDermott Will & Emery has been recognized for the eleventh consecutive year by World Trademark Review (WTR) 1000, known as the “go-to” resource for those seeking legal trademark expertise. Described as the “savvy choice of partner for global brands,” McDermott’s practice is commended for its superb client service within prosecution and strategy, as well as for enforcement and litigation. WTR 1000 noted that the Group’s global practice runs the gamut from prosecution to brand protection, to high-stakes litigation and online enforcement, to IP commercialization and IP transactional matters, lauding its “legal prowess and reputation in many different business sectors,” including technology, block chain, food and beverage, life sciences, biotechnology and pharmaceuticals.
WTR described McDermott as a “top-tier” “leading player”, as well as a “repository of unshakeable trust for multinational rights holders,” adding that the firm’s ability to protect and enforce trademark rights across borders without limit “has new clients knocking on its door daily.”
Overall Firm rankings:
- Illinois – Silver Band for General Trademark. Described as a “one-stop shop for all trademark needs, [the Firm] is in high demand for incisive counsel aimed at brand growth and development, and robust representation in must-win infringement disputes.”
- California– Bronze Band for Prosecution and Strategy. McDermott is noted as a “repository of unshakeable trust for multinational rights holders” and as having the “facility for protecting and enforcing trademark rights across borders without limit [which] has new clients knocking on its door daily.”
- DC Metro Area– Bronze Band for Enforcement and Litigation. The publication noted that “blue-chip brands entrust [the team] with their most important trademark and brand issues, secure in the knowledge of receiving consistent advice along with cogent strategic action plans across borders.”
Gold-band ranked lawyers:
- Christina Martini – Gold Band for Prosecution and Strategy, Silver Band for Enforcement and Litigation (Illinois). Described as one of the “firm’s best,” WTR states that “the range of things [Christina] can do extremely well has made her a trusted adviser to myriad companies, including numerous leading pharmaceutical players.”
- Jennifer Mikulina – Gold Band for Prosecution and Strategy (Illinois). Also noted as one of the “firm’s best,” Jennifer is recommended for her “spot-on judgement and tremendous expertise translating legal advice into language easily understood by business leaders.”
Other individual lawyer rankings:
- Robert Zelnick– Silver Band for Enforcement and Litigation (DC Metro Area). Bob is described as a “rainmaker in the US capital” and noted by resources as a “gentleman and a scholar,” who “has a wonderful way of developing trust with clients quickly…a great trial lawyer as well as day-to-day adviser.”
- Sarah Bro– Bronze Band for Prosecution and Strategy (California). WTR describes Sarah as having “special weapons and tactics for handling financial technology-related brand matters and domain name issues.”
View the full World Trademark Review 1000 directory.
McDermott’s full-service global trademark practice is one of the strongest and most active in the world. Our experience spans across all aspects of brand management including selection, counseling, clearance, prosecution, enforcement, litigation and transactional matters. We partner with our clients from the earliest stages of product development to provide strategic advice in searching and filing for brand names globally. To maximize the value of our clients’ portfolios, we develop global filing strategies that are streamlined and cost-effective. We are leaders in the area of branding, including the maintenance, enforcement, licensing, acquisition and disposition of IP rights in addition to handling copyright, domain name, social media, advertising, unfair competition and trade dress matters.
About World Trademark Review
WTR is the world’s only independent daily news and information service dedicated exclusively to reporting on trademark issues for in-house and private practitioners internationally. WTR 1000 – The World’s Leading Trademark Professionals is the only standalone research directory to focus exclusively on trademark practices and practitioners. View the full WTR1000 rankings.
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective—and often unexpected—solutions that propel success. More than 1,200 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.
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McDermott Advises Main Capital on Acquisition of Data Plan
DEAL ANNOUNCEMENT / PRESS RELEASE
McDermott Advises Main Capital on Acquisition of Data Plan
February 18, 2021
Read time: 3 min
Frankfurt/Düsseldorf, February 17, 2021 – McDermott Will & Emery advised software investor Main Capital on the acquisition of DATA-PLAN Computer Consulting GmbH through its portfolio company MACH AG.
MACH AG, an e-government software and consulting company based in Lübeck, Germany, has been part of Main Capital’s portfolio companies since 2020.
DATA-PLAN Computer Consulting GmbH is an IT systems house with a focus on public administration.
Main Capital Partners is a strategic investor with an exclusive focus on software companies in the Benelux, DACH and Nordics regions, with offices in The Hague, Düsseldorf and Stockholm. Main Capital manages approximately €1 billion in assets for investments in mature and growing software companies.
McDermott had previously advised Main Capital on the acquisition of Mach AG. The team led by Frankfurt partner Norman Wasse can call upon particular expertise with respect to software and tech transactions and advised, among others, Investcorp Technology Partners on the acquisition and the following sale of Avira, and Ratiodata AG in the acquisition of Accesa group.
McDermott’s relationship with Main Capital traces back to Corporate and Finance Partner Dustin Schwerdtfeger, who previously advised Main Capital in connection with the acquisition and financing of the Verklizan Group.
The McDermott team advising Main Capital Partners included Norman Wasse, Dustin Schwerdtfeger, Kian Tauser, Marcus Fischer, Gudrun Germakowski, Christian L. Masch, Alexa Ningelgen, Maximilian Clostermeyer, Marion von Grönheim, Victoria Huf, Julian Jäger, Isabella Kätzlmeier, Lene Niemeier and Elena Platte.
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective—and often unexpected—solutions that propel success. More than 1,200 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.
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McDermott Welcomes Private Equity Talent to Transactions Practice
PRESS RELEASE
McDermott Welcomes Private Equity Talent to Transactions Practice
February 17, 2021
Read time: 4 min
International law firm McDermott Will & Emery is pleased to announce the arrival of transactions partners Jared Bryant, Daniel Layfield and James Parry to the New York office. This group further supports the Firm’s growing private equity deal volume, building momentum on more than 360 deals closed in 2020.
“Jared, Daniel and James are high-caliber lawyers dedicated to supporting clients by leading favorable and high-impact deals,” Harris Siskind, global head of McDermott’s Transactions Practice Group, said. “Each partner will be instrumental in supporting the Firm’s robust private equity deal flow and possesses the legal knowledge and passion to support the growing practice across offices.”
Jared focuses his practice on debt financing private equity transactions. He represents leading private equity sponsors, corporate borrowers, lenders and other financial institutions in a variety of domestic and cross-border financing transactions, including first and second lien loans, mezzanine financings, subordinate loans, asset-based and cash flow financings and recapitalizations. “McDermott’s finance practice offers unmatched resources and cross-practice opportunities for my clients,” Jared said. “I am thrilled to join this dynamic team and further support clients in pushing their business objectives forward.” Jared was previously a partner at Kirkland & Ellis LLP.
Daniel represents financial sponsors and public and private companies in mergers and acquisitions (M&A), private equity investments, leveraged acquisitions, stock and asset purchases, divestitures and joint ventures. Daniel said, “I chose McDermott because of its supportive and enthusiastic approach to client service within its prominent, growing M&A and private equity practices. This is an incredible opportunity for my clients.” Daniel joined from Paul, Weiss, Rifkind, Wharton & Garrison LLP.
James advises private equity sponsors and corporations on a broad range of domestic and cross-border mergers, acquisitions, divestitures, leveraged buyouts, carve-outs, restructurings, joint ventures and minority investments and corporate governance matters. “I was eager to join an ambitious firm with a strong commitment to achieving outstanding results for clients,” James added. “I am confident that McDermott has the talent and the platform to advise my clients on their complex transactions and provide the most innovative solutions.” James joined from Simpson Thacher,
McDermott also recently appointed Gregory Metz, Frederic Levenson, Frank Steinherr and Kristian Werling as co-heads of the Firm’s Private Equity group. The private equity group has closed more than 700 deals since the start of 2019 and is the leading firm ranked by Pitchbook in private equity-backed healthcare transactions by volume, outperforming the second-ranked firm by over 35%.
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective—and often unexpected—solutions that propel success. More than 1,200 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.
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McDermott Advises IDI on its Acquisition of Minority Stake in Energy Innovator TUCOENERGIE
DEAL ANNOUNCEMENT / PRESS RELEASE
McDermott Advises IDI on its Acquisition of Minority Stake in Energy Innovator TUCOENERGIE
February 17, 2021
Read time: 3 min
McDermott Will & Emery advised IDI on its investment in the TUCOENERGIE group, a major player in the energy innovation market, enabling it to strengthen its position and accelerate its development. As a result of this operation, IDI has become a minority shareholder alongside RAISE Impact and the founding president, Nathaniel Corcos.
IDI is a listed investment firm – a true pioneer of investment in France – with over 45 years of expertise in supporting small and medium-sized companies.
In this operation, McDermott Will & Emery accompanied IDI with a team including Grégoire Andrieux, Partner and Claire Barra, Associate, in the corporate department.
TUCOENERGIE was advised by GATE Avocats (Louise-Marie Guillet, Alexandre Zeitoun).
McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective—and often unexpected—solutions that propel success. More than 1,200 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.
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McDermott Comment | NHS Reform Requires Fixing Social Care, Too
PRESS RELEASE
McDermott Comment | NHS Reform Requires Fixing Social Care, Too
February 16, 2021
Read time: 3 min
Sharon Lamb, health partner at law firm McDermott Will & Emery, said:
“Although social care reforms are only proposed to be published later this year, the White Paper did include some interesting provisions which gives the Secretary of State a much greater line of sight over social care spending particularly on adult social care. This likely follows concerns that some social care services are underfunded and that rates paid for adult social care do not properly cover staffing costs.
The Secretary of State has proposed a new right to collect data from social care providers to better understand “this aspect of the system”. This will include data on hours of care services provided, cost per person together with data on financial flows which will enable transparency on money flows to providers and their workforce. This transparency is accompanied by a new right of the Secretary of State to pay providers directly (bypassing local authorities) although this is likely to be in exceptional circumstances only.
At the moment, there are only limited mechanisms to ensure that the care market is functioning properly through “Care Act duties”. But the White Paper points to increased accountability through a new “assurance framework” to examine the performance of local authorities – notably, the Care Quality Commission will have a new duty to assess whether a local authority is delivering their adult social care duties with a power of the Secretary of State to intervene if an authority is failing to meet these duties.”
