Heller Ehrman
Encyclopedia
Heller Ehrman LLP was an international law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...

 of more than 730 attorneys
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...

 in 15 offices in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...

, and Asia
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...

. Heller Ehrman was founded in San Francisco in 1890 and had additional offices located in most of the major financial centers around the world including New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

, Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...

, Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

, Beijing
Beijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...

, Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

 and Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...

.

In September 2008, the firm encountered troubles after losing 15 intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...

 (IP) partners to Covington & Burling
Covington & Burling
Covington & Burling LLP is an international law firm with offices in Beijing, Brussels, London, New York, San Francisco, Silicon Valley, San Diego, and Washington, DC. The firm advises multinational corporations on significant transactional, litigation, regulatory, and public policy matters...

, which led to the collapse of merger talks with Mayer Brown
Mayer Brown
Mayer Brown is an international law firm head-quartered in Chicago which specializes in commercial transactions and litigation. The firm employs more than 1,600 lawyers, including approximately 875 in the Americas, 425 in Europe and 300 in Asia....

 on 14 September 2008. Including the above 15, a total of 50 partners had left the firm in 2008.
One anonymous legal market expert said the exit of the IP partners could constitute a default in Heller’s line of credit
Line of credit
A line of credit is any credit source extended to a government, business or individual by a bank or other financial institution. A line of credit may take several forms, such as overdraft protection, demand loan, special purpose, export packing credit, term loan, discounting, purchase of...

 with its bank
Bank
A bank is a financial institution that serves as a financial intermediary. The term "bank" may refer to one of several related types of entities:...

, effectively triggering liquidation
Liquidation
In law, liquidation is the process by which a company is brought to an end, and the assets and property of the company redistributed. Liquidation is also sometimes referred to as winding-up or dissolution, although dissolution technically refers to the last stage of liquidation...

.

On September 25, 2008, the firm confirmed its dissolution
Dissolution (law)
In law, dissolution has multiple meanings.Dissolution is the last stage of liquidation, the process by which a company is brought to an end, and the assets and property of the company redistributed....

 would occur on November 28, 2008.

The firm filed a voluntary petition for chapter 11 bankruptcy for protection in the United States Bankruptcy Court for the Northern District of California on December 28, 2008. The firm's last Managing Partner was Matthew Larrabee, who was preceded by Barry Levin.

History and notable cases

Heller Ehrman had its beginning in 1890 when Emanuel S. Heller opened his law practice at 124 Sansome Street, Room 30, in San Francisco, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

. Heller was a graduate of the University of California, Berkeley
University of California, Berkeley
The University of California, Berkeley , is a teaching and research university established in 1868 and located in Berkeley, California, USA...

, received his law degree
Law degree
A Law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license...

 from the University of California, Hastings College of the Law
University of California, Hastings College of the Law
University of California, Hastings College of the Law is a public law school in San Francisco, California, located in the Civic Center neighborhood....

 and passed the California Bar
Bar examination
A bar examination is an examination conducted at regular intervals to determine whether a candidate is qualified to practice law in a given jurisdiction.-Brazil:...

 in 1889. In 1896, Francis H. Powers joined with Heller and the partnership name changed to Heller & Powers. In 1905, Sidney M. Ehrman, also a graduate of the Hastings, entered into partnership with Heller and Powers, forming Heller Powers & Ehrman. In 1921, Jerome White and Florence McAuliffe joined the partnership after the death of Francis Powers, establishing the firm as Heller Ehrman White & McAuliffe LLP. The firm retained this name for more than 84 years until the name was shortened in 2005.

Between the years 1974 to 2007, Heller Ehrman realized an increase in business, causing the firm to branch out from the west coast with an additional 12 offices in locations ranging from London to Singapore. In 1986 the San Francisco headquarters was moved to a new skyscraper at 333 Bush Street. By 1991 the firm had 370 lawyers, over 3.5 times the number it had employed just ten years earlier.

In 1993, the first advertisement ever sold on the Internet was sold on the Global Network Navigator
Global Network Navigator
The Global Network Navigator was the first commercial web publicationand the first web site to offer clickable advertisements, now commonly referred to as "banner ads." The first such internet ad was sold by GNN to Heller Ehrman LLP....

 (now America On-Line
AOL
AOL Inc. is an American global Internet services and media company. AOL is headquartered at 770 Broadway in New York. Founded in 1983 as Control Video Corporation, it has franchised its services to companies in several nations around the world or set up international versions of its services...

) to Heller Ehrman LLP, and in 1994 Heller Ehrman launched the first law firm website.

By 2007 the firm had over 730 lawyers, over twice the number it employed just 15 years earlier. During the 2006 fiscal year it more than doubled its gross revenue from just 10 years earlier to a level just north of half a billion dollars.

1890: Emanuel S. Heller opens his law practice at 124 Sansome Street, Room 30, in San Francisco, California.

1906: Having withstood the San Francisco Earthquake, the Heller family residence achieves a certain historical renown as it becomes the temporary headquarters for the firm's two major clients at the time: Wells Fargo
Wells Fargo
Wells Fargo & Company is an American multinational diversified financial services company with operations around the world. Wells Fargo is the fourth largest bank in the U.S. by assets and the largest bank by market capitalization. Wells Fargo is the second largest bank in deposits, home...

 Nevada National Bank and the Union Trust Company.

1921: Establishment of Heller Ehrman White & McAuliffe, with Sidney Ehrman entering the partnership in 1905 and Jerome White and Florence McAuliffe joining in 1921. The firm retains this name for more than 84 years.

1929: Florence McAuliffe negotiates the financing for the construction of the San Francisco – Oakland Bay Bridge.

1930: Sidney Ehrman acts as counsel in the formation of the consortium of contractors, Six Companies, Inc., created to build the Hoover Dam
Hoover Dam
Hoover Dam, once known as Boulder Dam, is a concrete arch-gravity dam in the Black Canyon of the Colorado River, on the border between the US states of Arizona and Nevada. It was constructed between 1931 and 1936 during the Great Depression and was dedicated on September 30, 1935, by President...

. The firm will go on to litigate several cases for the consortium.

1934: Firm successfully takes up on appeal what would become a watershed case in Wells Fargo's history. The issue in McDuffie v. Wells Fargo Bank is whether the bank can apply the proceeds of four foreign bills of exchange to an indebtedness due from the Richfield Oil Company to the bank.

1937: Construction of the Golden Gate Bridge
Golden Gate Bridge
The Golden Gate Bridge is a suspension bridge spanning the Golden Gate, the opening of the San Francisco Bay into the Pacific Ocean. As part of both U.S. Route 101 and California State Route 1, the structure links the city of San Francisco, on the northern tip of the San Francisco Peninsula, to...

 is completed. Jerome White serves as the Golden Gate Bridge District's General Counsel, arranging for the bonds to carry the project.

1959: Heller Ehrman takes long-time client Ampex Corporation public.

1960: Firm represents Consolidated Foods in a round of acquisitions, including Abbey Rents, Aris Gloves, Shasta Water Company and Sara Lee bakery products. Consolidated Foods will later change its name to Sara Lee Corporation.

1965: The antitrust case GTE Sylvania, Inc. v. Continental T.V., Inc. begins, eventually making its way to the U.S. Supreme Court in 1975, where the Court finds in favor of firm client GTE Sylvania. The case sets a precedent for applying the "rule of reason
Rule of reason
The Rule of Reason is a doctrine developed by the United States Supreme Court in its interpretation of the Sherman Antitrust Act. The rule, stated and applied in the case of Standard Oil Co. of New Jersey v. United States, 221 U.S...

" to vertical business restraints.

1968: Heller Ehrman Shareholder Julian Stern negotiates with Syntex Corporation for the services of Dr. Alejandro Zaffaroni, along with concepts and technology that Syntex does not want to pursue and Dr. Zaffaroni does. Upon completion of negotiations, Stern helps to set up ALZA Corporation, which will go on to pioneer drug delivery systems for the pharmaceutical industry.

1969: Heller Ehrman attorneys take on Parisi v. Davidson
Parisi v. Davidson
Parisi v. Davidson, 405 U.S. 34 , was a United States Supreme Court case resulting in the grant of habeas corpus relief to a soldier, Joseph Parisi, seeking an honorable discharge as a conscientious objector. The case was argued on October 19 and 20, 1971 and decided on February 23, 1972. The...

pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...

. The case, successfully argued in the U.S. Supreme Court, defines the rights of conscientious objectors during the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...

.

1971: Heller Ehrman takes Levi Strauss
Levi Strauss
Levi Strauss was a German-Jewish immigrant to the United States who founded the first company to manufacture blue jeans. His firm, Levi Strauss & Co., began in 1853 in San Francisco, California.-Origins:...

 public and then structures the leveraged buyout
Leveraged buyout
A leveraged buyout occurs when an investor, typically financial sponsor, acquires a controlling interest in a company's equity and where a significant percentage of the purchase price is financed through leverage...

 when the company goes private in 1985.

1972: Firm helps to form Cetus Corporation
Cetus Corporation
Cetus Corporation was one of the first biotechnology companies. It was established in Berkeley, California in 1971, but conducted most of its operations in nearby Emeryville. Before merging with another company in 1991, it developed several significant pharmaceutical drugs as well as a...

, among the first of the biotechnology
Biotechnology
Biotechnology is a field of applied biology that involves the use of living organisms and bioprocesses in engineering, technology, medicine and other fields requiring bioproducts. Biotechnology also utilizes these products for manufacturing purpose...

 companies.

1974: Heller Ehrman opens its Silicon Valley
Silicon Valley
Silicon Valley is a term which refers to the southern part of the San Francisco Bay Area in Northern California in the United States. The region is home to many of the world's largest technology corporations...

 office.

1976: Heller Ehrman defends client Arthur Young & Company in the cause celebre SEC v . Geotek, the U.S. Securities and Exchange Commission's (SEC) flagship case against the accounting profession.

1978: Heller Ehrman first opens an office in Hong Kong.

1979: Firm takes on an antitrust case for Levi Strauss & Company, in which Levi Strauss was charged with trying to control too tightly the price charged for its goods by retailers. The Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...

 first rejects a draft settlement by Heller Ehrman attorneys, but later is prepared to settle on the same terms after the U.S. Supreme Court hands down the Sylvania decision.

1983: Shareholder Steven Bomse begins work for Hoffman La Roche, representing them in a contretemps with the University of California
University of California
The University of California is a public university system in the U.S. state of California. Under the California Master Plan for Higher Education, the University of California is a part of the state's three-tier public higher education system, which also includes the California State University...

 relating to Interferon
Interferon
Interferons are proteins made and released by host cells in response to the presence of pathogens—such as viruses, bacteria, or parasites—or tumor cells. They allow communication between cells to trigger the protective defenses of the immune system that eradicate pathogens or tumors.IFNs belong to...

, a promising anti-cancer drug developed by Roche jointly with Genentech
Genentech
Genentech Inc., or Genetic Engineering Technology, Inc., is a biotechnology corporation, founded in 1976 by venture capitalist Robert A. Swanson and biochemist Dr. Herbert Boyer. Trailing the founding of Cetus by five years, it was an important step in the evolution of the biotechnology industry...

. A UCLA scientist charged Roche with having stolen the living cells used to help produce the drug. The cell line had actually been sent voluntarily to a scientist who in turn sent it to Roche.

1983: Heller Ehrman opens its office in Seattle.

1993: Heller Ehrman's Hong Kong office re-established.

1985: Trial begins for the California Coordinated Asbestos Insurance Coverage Litigation, a gigantic case in which firm client Johns Manville's complaint against its insurers is joined with several other insurance coverage lawsuits. The case involves so many parties, the trial takes place in a specially constructed courtroom in the San Francisco Civic Center Auditorium.

1987: Heller Ehrman opens its Los Angeles office.

1988: Heller Ehrman successfully obtains an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...

 forcing the government to place observers on tuna boats in order to protect the dolphin species under the terms of the Marine Mammal Protection Act
Marine Mammal Protection Act
The Marine Mammal Protection Act of 1972 was the first article of legislation to call specifically for an ecosystem approach to natural resource management and conservation. MMPA prohibits the taking of marine mammals, and enacts a moratorium on the import, export, and sale of any marine mammal,...

.

1994: Heller Ehrman opens an office in Singapore.

1994: Heller Ehrman opens its Washington, D.C. office.

1994: Heller Ehrman launches first law firm website.

1999: Heller Ehrman opens its New York office with acquisition of Werbel & Carnelutti.

2001: Heller Ehrman represents ALZA in its $12 billion merger with pharmaceutical giant Johnson & Johnson
Johnson & Johnson
Johnson & Johnson is an American multinational pharmaceutical, medical devices and consumer packaged goods manufacturer founded in 1886. Its common stock is a component of the Dow Jones Industrial Average and the company is listed among the Fortune 500....

. The firm had represented ALZA since its incorporation in 1968.

2002: In the first high-profile case involving stem cell research, attorneys represent the Wisconsin Alumni Research Foundation
Wisconsin Alumni Research Foundation
The Wisconsin Alumni Research Foundation is the nonprofit technology transfer office of the University of Wisconsin–Madison. It is a significant source of research support, independent of federal grants...

 in a settlement with Geron Corporation that "could jump-start commercialization of stem cell research", according to The Wall Street Journal
The Wall Street Journal
The Wall Street Journal is an American English-language international daily newspaper. It is published in New York City by Dow Jones & Company, a division of News Corporation, along with the Asian and European editions of the Journal....

.

2002: Heller Ehrman negotiates an innovative settlement package for several related class action cases involved in the publicized "french fry" litigation on behalf of client McDonald's Corporation.

2003: Heller Ehrman represents Northrop Grumman Corporation
Northrop Grumman
Northrop Grumman Corporation is an American global aerospace and defense technology company formed by the 1994 purchase of Grumman by Northrop. The company was the fourth-largest defense contractor in the world as of 2010, and the largest builder of naval vessels. Northrop Grumman employs over...

 in the $4.7 billion sale of TRW Automotive
TRW Automotive
TRW Automotive , headquartered in Livonia, Michigan, USA, is a major global supplier of automotive systems, modules and components to automotive original equipment manufacturers and related aftermarkets....

 to The Blackstone Group. The transaction resulted in one of the largest leveraged buyouts in world history.

2003: Heller Ehrman's Hong Kong office adds 25 corporate attorneys from the Hong Kong law firm Siao, Wen and Leung.

2003: Heller Ehrman merges with Venture Law Group and expands its Silicon Valley presence to approximately 100 attorneys.

2003: The American Lawyer
The American Lawyer
The American Lawyer is a monthly law magazine published by ALM. It was founded in 1979 by Steven Brill. Features include the annual AmLaw 100 Survey and AmLaw 200 Survey , "The View From the Top", their annual poll of law firm chairpersons, and their "Corporate Scorecard"...

 recognizes Heller Ehrman as one of the Top 20 "A-List" law firms in the U.S. The firm is again recognized in 2004 and 2005, one of only a handful of firms to make the list every year since its inception.

2004: Heller Ehrman opens its office in Beijing.

2004: Heller Ehrman adds 12 dispute resolution lawyers from the Hong Kong office of the London firm Denton Wilde Sapte
Denton Wilde Sapte
Denton Wilde Sapte LLP was an international law firm headquartered in London, United Kingdom. On 26 May 2010, the firm announced that it had reached agreement to merge with the U.S.-based law firm Sonnenschein Nath & Rosenthal...

.

2005: Heller Ehrman receives a 9-0 decision in the U.S. Supreme Court on behalf of client Merck KGaA
Merck KGaA
Merck KGaA is a German chemical and pharmaceutical company. Merck, also known as “German Merck” and “Merck Darmstadt”, was founded in Darmstadt, Germany, in 1668, making it the world's oldest operating chemical and pharmaceutical company. The company was privately owned until going public in 1995...

 in Merck KGaA v. Integra LifeSciences
Integra LifeSciences
- Limit Uncertainty :Integra LifeSciences Corporation, based in Plainsboro, New Jersey, a global leader in medical devices and regenerative medicine, is dedicated to limiting uncertainty for surgeons, so they can focus on providing the best patient care. Integra is a publicly traded company and is...

, a patent infringement
Patent infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...

 case.

2007: Heller Ehrman opens offices in London and Shanghai.

2008: Heller Ehrman dissolves.

Other cases and transactions

  • One of the firm's pro bono cases occurred in Trafficante v. Metropolitan Life Insurance Company. The firm represented white plaintiffs against Metropolitan Life
    Metropolitan Life Insurance Company
    MetLife, Inc. is the holding corporation for the Metropolitan Life Insurance Company, or MetLife, for short, and its affiliates. MetLife is among the largest global providers of insurance, annuities, and employee benefit programs, with 90 million customers in over 60 countries...

     on behalf of minority residents because of the insurance company's alleged discrimination against the minorities in a San Francisco apartment. Both the U.S. District Court
    United States District Court for the Northern District of California
    The United States District Court for the Northern District of California is the federal United States district court whose jurisdiction comprises following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San...

     and the Ninth Circuit Court of Appeals said the white plaintiffs had no standing to sue because they themselves were not facing discrimination; however, in 1972 the U.S. Supreme Court issued a unanimous decision that the plaintiffs did indeed have standing to sue on behalf of the minority residents.

  • Between 2002 and 2008, Heller aided in obtaining bipartisan support on the Equal Justice for Our Military Act of 2007 (HR 3174) and the Equal Justice for United States Military Personnel Act of 2007 (S.2052) pending in the 110th U.S. Congress. The U.S. House of Representatives held debate on September 27, 2008 and passed it by a two-thirds majority. The full Senate did not act upon HR 3174 and S.2052 before the end of the 110th Congress and the bills died.
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