Kaye Scholer LLP
Encyclopedia
Kaye Scholer is a law firm
founded in 1917 by Benjamin Kaye and Jacob Scholer. The firm has more than 450 attorneys
in nine offices located in the cities of Chicago, Frankfurt
, London, Los Angeles, New York (headquarters), Shanghai, Palo Alto, Washington, D.C.
, and West Palm Beach.
, intellectual property
, and products liability. In 2008, Kaye Scholer was named Product Liability Firm of the Year by Chambers and Partners. In 2005, 2006 and 2007, The National Law Journal named Kaye Scholer to its list of top 10 elite litigation defense firms, making Kaye Scholer the only law firm to appear on this list for the three years it had run. In 2006, The American Lawyer magazine selected Kaye Scholer as the products liability litigation firm of the year.
Kaye Scholer also has a well-developed transactional practice, including world-class expertise in aviation
, bankruptcy
, finance
, mergers and acquisitions
, private equity
, and real estate
.
In the life sciences arena, Kaye Scholer was recognized in 2010 as “one of the most well regarded firms” for life sciences by The International Who’s Who of Life Sciences Lawyers 2010. Leora Ben-Ami and Steven Glickstein were recognized as two of the 12 “Most Highly Regarded Individuals” in the world — Kaye Scholer was the only law firm with more than one lawyer ranked in this exclusive category. On September 10, 2009, at an awards ceremony in Basel, Switzerland, capping Novartis
AG's Global Legal Meeting, Kaye Scholer received the company's first-ever Preferred Provider Award for Excellence.
Kaye Scholer is one of the nation's most profitable large law firms, according to American Lawyer magazine. Kaye Scholer maintains a reputation for being a collegial firm, something of a rarity in law firms of its size and economic success.
. Kaye was a banking lawyer and noted playwright. The firm was known as Kaye, Scholer, Fierman, Hays and Handler for many years.
Kaye Scholer launched in Washington, D.C. in 1980 and now that office employs 50 attorneys.
Charges brought by the Office of Thrift Supervision against the firm in 1992 related to its representation of Charles Keating
and his bank, Lincoln Savings and Loan, generated one of the most prominent legal ethics controversies of the decade.
Kaye Scholer opened an office in West Palm Beach in 1997 where it focuses on real estate
and estate planning
law.
The firm was the first New York-based law firm to launch in Shanghai in 1998.
In 2010, the firm opened its ninth office in Silicon Valley. Kaye Scholer's Silicon Valley office offers a full range of legal services to technology companies and private investment firms. From complex intellectual property matters involving patents, copyrights, trademarks and trade secret disputes for the software, hardware, computer, electronics, entertainment and movie industries to private and public financings, joint ventures, licensing, acquisitions and fund formations, Kaye Scholer successfully delivers sophisticated, focused and efficient representation to companies throughout Silicon Valley and Northern California.
Following the merger of London-based Clifford Chance
and legacy firm Rogers & Wells
, Kaye Scholer benefited from a series of key lateral partners in intellectual property
and bankruptcy
.
Litigation
, Special Master of the U.S. Government's September 11th Victim Compensation Fund
and Brian Leiter
, professor of law at the University of Chicago
and blogger of the Leiter Reports.
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...
founded in 1917 by Benjamin Kaye and Jacob Scholer. The firm has more than 450 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 nine offices located in the cities of Chicago, Frankfurt
Frankfurt
Frankfurt am Main , commonly known simply as Frankfurt, is the largest city in the German state of Hesse and the fifth-largest city in Germany, with a 2010 population of 688,249. The urban area had an estimated population of 2,300,000 in 2010...
, London, Los Angeles, New York (headquarters), Shanghai, Palo Alto, 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....
, and West Palm Beach.
Reputation and Recognition
Kaye Scholer is internationally known for being a leading litigation firm. Its particular areas of litigation strength include antitrustAntitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
, 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...
, and products liability. In 2008, Kaye Scholer was named Product Liability Firm of the Year by Chambers and Partners. In 2005, 2006 and 2007, The National Law Journal named Kaye Scholer to its list of top 10 elite litigation defense firms, making Kaye Scholer the only law firm to appear on this list for the three years it had run. In 2006, The American Lawyer magazine selected Kaye Scholer as the products liability litigation firm of the year.
Kaye Scholer also has a well-developed transactional practice, including world-class expertise in aviation
Aviation law
Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the...
, bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
, finance
Finance
"Finance" is often defined simply as the management of money or “funds” management Modern finance, however, is a family of business activity that includes the origination, marketing, and management of cash and money surrogates through a variety of capital accounts, instruments, and markets created...
, mergers and acquisitions
Mergers and acquisitions
Mergers and acquisitions refers to the aspect of corporate strategy, corporate finance and management dealing with the buying, selling, dividing and combining of different companies and similar entities that can help an enterprise grow rapidly in its sector or location of origin, or a new field or...
, private equity
Private equity
Private equity, in finance, is an asset class consisting of equity securities in operating companies that are not publicly traded on a stock exchange....
, and real estate
Real estate
In general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...
.
In the life sciences arena, Kaye Scholer was recognized in 2010 as “one of the most well regarded firms” for life sciences by The International Who’s Who of Life Sciences Lawyers 2010. Leora Ben-Ami and Steven Glickstein were recognized as two of the 12 “Most Highly Regarded Individuals” in the world — Kaye Scholer was the only law firm with more than one lawyer ranked in this exclusive category. On September 10, 2009, at an awards ceremony in Basel, Switzerland, capping Novartis
Novartis
Novartis International AG is a multinational pharmaceutical company based in Basel, Switzerland, ranking number three in sales among the world-wide industry...
AG's Global Legal Meeting, Kaye Scholer received the company's first-ever Preferred Provider Award for Excellence.
Kaye Scholer is one of the nation's most profitable large law firms, according to American Lawyer magazine. Kaye Scholer maintains a reputation for being a collegial firm, something of a rarity in law firms of its size and economic success.
History
Founded as in 1917 in New York by Benjamin Kaye and Jacob Scholer. Scholer was a graduate of New York Law SchoolNew York Law School
New York Law School is a private law school in the TriBeCa neighborhood of Lower Manhattan in New York City. New York Law School is one of the oldest independent law schools in the United States. The school is located within four blocks of all major courts in Manhattan. In 2011, New York Law School...
. Kaye was a banking lawyer and noted playwright. The firm was known as Kaye, Scholer, Fierman, Hays and Handler for many years.
Kaye Scholer launched in Washington, D.C. in 1980 and now that office employs 50 attorneys.
Charges brought by the Office of Thrift Supervision against the firm in 1992 related to its representation of Charles Keating
Charles Keating
Charles Humphrey Keating Jr. is an American athlete, lawyer, real estate developer, banker, and financier, most known for his role in the savings and loan scandal of the late 1980s....
and his bank, Lincoln Savings and Loan, generated one of the most prominent legal ethics controversies of the decade.
Kaye Scholer opened an office in West Palm Beach in 1997 where it focuses on real estate
Real estate
In general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...
and estate planning
Estate planning
Estate planning is the process of anticipating and arranging for the disposal of an estate. Estate planning typically attempts to eliminate uncertainties over the administration of a probate and maximize the value of the estate by reducing taxes and other expenses...
law.
The firm was the first New York-based law firm to launch in Shanghai in 1998.
In 2010, the firm opened its ninth office in Silicon Valley. Kaye Scholer's Silicon Valley office offers a full range of legal services to technology companies and private investment firms. From complex intellectual property matters involving patents, copyrights, trademarks and trade secret disputes for the software, hardware, computer, electronics, entertainment and movie industries to private and public financings, joint ventures, licensing, acquisitions and fund formations, Kaye Scholer successfully delivers sophisticated, focused and efficient representation to companies throughout Silicon Valley and Northern California.
Following the merger of London-based Clifford Chance
Clifford Chance
Clifford Chance LLP is a global law firm headquartered in London, United Kingdom and a member of the 'Magic Circle' of leading UK law firms. It is one of the ten largest law firms in the world measured by both number of lawyers and revenue...
and legacy firm Rogers & Wells
Rogers & Wells
Rogers & Wells was a New-York based international law firm founded in 1873. After several name changes, it was renamed for William P. Rogers and John A. Wells. The firm was well known for its litigation arm...
, Kaye Scholer benefited from a series of key lateral partners in 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...
and bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
.
Notable Mandates
Transactional- Represented Wind Point Partners in multiple acquisitions of consumer products companies, including certain assets of Consolidated Biscuit Company, and on the same day, the Cereal Division of Golden Temple of Oregon, LLC, a leading manufacturer and marketer of all-natural ready-to-eat cereals, bulk granola and granola snacks.
- Advised Essie Cosmetics in its agreement to be acquired by L'Oréal USA.
- Represented Sandoz in its agreement to acquire Oriel Therapeutics, a privately held US pharmaceuticals company.
- Advised Jarden Corporation, a leading provider of niche consumer products used in and around the home, in multiple acquisitions, including its acquisition of the Mapa Spontex baby care and home care businesses of French conglomerate Total S.A.
- Represented ASP Westward, a portfolio company of American Securities, and publisher of 60 weekly and daily newspapers, in its acquisition of two East-Texas newspapers from Cox Enterprises Inc.
- Represented Parsons Brinckerhoff Inc. in connection with the merger agreement with Balfour Beatty plc.
- Advised WCI Steel along with Boston law firm McDermott Will & EmeryMcDermott Will & EmeryMcDermott Will & Emery LLP, also known by its initials, MWE, was founded in 1934 and is an international law firm headquartered in Chicago. It is one of the top 10 largest law firms in the United States and one of the 20 largest in the world...
in its acquisition by OAO Severstal in 2008, a transaction valued at $327 million. - Represented Onex Corporation in its acquisition of the Health Group of Eastman Kodak Company for cash consideration of $2.35 billion in 2007.
- Counseled Onex Corporation in its acquisition of the Wichita/Tulsa division of BoeingBoeingThe Boeing Company is an American multinational aerospace and defense corporation, founded in 1916 by William E. Boeing in Seattle, Washington. Boeing has expanded over the years, merging with McDonnell Douglas in 1997. Boeing Corporate headquarters has been in Chicago, Illinois since 2001...
Commercial Airplanes for consideration of $.9 billion in cash in 2005. - Previously represented Onex Corporation and Oaktree Capital ManagementOaktree Capital ManagementOaktree Capital Management, L.P. is a global investment management corporation with about US$82.4 billion of assets under management. Oaktree's mission is to provide management with a primary emphasis on risk control in a limited number of sophisticated investment specialties...
in their C$2 billion disposal of LoewsLoewsThe name Loews can refer to several articles in the Wikipedia:* Loews Theatres - Cinema chain* Loews Corporation - Holding company* Loews Hotels - Luxury hotel and resort chain with destinations in the United States and in Canada...
Cineplex Entertainment Corporation to Bain CapitalBain CapitalBain Capital LLC is a Boston-based private equity firm founded in 1984 by partners from the consulting firm Bain & Company. Originally conceived as an early-stage, growth-oriented investment fund, Bain Capital today manages approximately $65 billion in assets, and its strategies include private...
in 2004. - Advised Chef America Inc.Chef America Inc.Chef America Inc. was the former manufacturer of the popular microwavable snack, Hot Pockets. Chef America is a former closely held corporation, which was formed in the late 1970s by two brothers, Paul and David Merage, of Colorado. Chef America introduced Hot Pockets in the early 1980s. ...
in its acquisition by NestleNestléNestlé S.A. is the world's largest food and nutrition company. Founded and headquartered in Vevey, Switzerland, Nestlé originated in a 1905 merger of the Anglo-Swiss Milk Company, established in 1867 by brothers George Page and Charles Page, and Farine Lactée Henri Nestlé, founded in 1866 by Henri...
SA for total consideration of $2.6 billion in cash and debt. The deal closed in October 2002.
Litigation
- Represented Wyeth in a landmark victory - Wyeth v. Kappos in January 2010, successfully challenging, at the district court level and on appeal, the U.S. Patent and Trademark Office’s interpretation of the statute designed to compensate patent holders for loss of patent term due to delays in processing applications.
- Successful defense of Pfizer in Viagra product liability litigation over the past decade; obtaining a long line of summary judgment decisions against claims of various diseases and ailments.
- Lead patent counsel for PfizerPfizerPfizer, Inc. is an American multinational pharmaceutical corporation. The company is based in New York City, New York with its research headquarters in Groton, Connecticut, United States...
in its patent infringement lawsuit against Teva Pharmaceuticals U.S.A., Inc. in which Teva attempted to bring a generic version of Celebrex to market.
Noted Alumni
Among Kaye Scholer's alumni are former Senator Abraham Ribicoff, Kenneth FeinbergKenneth Feinberg
Kenneth Feinberg is an American attorney, specializing in mediation and alternative dispute resolution. Feinberg was appointed Special Master of the U.S...
, Special Master of the U.S. Government's September 11th Victim Compensation Fund
September 11th Victim Compensation Fund
The September 11th Victim Compensation Fund was created by an Act of Congress, the AirTransportation Safety and System Stabilization Act , shortly after 9/11 to compensate the victims of the attack in exchange for their agreement not to sue the airline corporations involved...
and Brian Leiter
Brian Leiter
Brian Leiter is an American philosopher and legal scholar who is currently John Wilson Professor of Law at the University of Chicago Law School, and founder and Director of Chicago's new Center for Law, Philosophy, and Human Values and the editor of the Philosophical Gourmet Report. He taught from...
, professor of law at the University of Chicago
University of Chicago
The University of Chicago is a private research university in Chicago, Illinois, USA. It was founded by the American Baptist Education Society with a donation from oil magnate and philanthropist John D. Rockefeller and incorporated in 1890...
and blogger of the Leiter Reports.