Kaye Scholer
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Kaye Scholer was a law firm founded in 1917 by Benjamin Kaye and Jacob Scholer. The firm had more than 450 attorneys in nine offices located in the cities of
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
,
Frankfurt Frankfurt, officially Frankfurt am Main (; Hessian: , " Frank ford on the Main"), is the most populous city in the German state of Hesse. Its 791,000 inhabitants as of 2022 make it the fifth-most populous city in Germany. Located on it ...
,
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
,
Los Angeles Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the List of municipalities in California, largest city in the U.S. state, state of California and the List of United States cities by population, sec ...
,
New York City New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...
(headquarters),
Shanghai Shanghai (; , , Standard Mandarin pronunciation: ) is one of the four direct-administered municipalities of the People's Republic of China (PRC). The city is located on the southern estuary of the Yangtze River, with the Huangpu River flowin ...
,
Palo Alto Palo Alto (; Spanish for "tall stick") is a charter city in the northwestern corner of Santa Clara County, California, United States, in the San Francisco Bay Area, named after a coastal redwood tree known as El Palo Alto. The city was es ...
,
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, and
West Palm Beach West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some R ...
. In late 2016, Kaye Scholer voted to merge with
Washington D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, Na ...
-based law firm
Arnold & Porter Arnold & Porter Kaye Scholer LLP is an American multinational law firm. A white-shoe firm, Arnold & Porter is among the largest law firms in the world, by both revenue and by its number of lawyers. History Arnold & Porter was founded in 1946 ...
to create a $1 billion+ sized multinational firm with a large offering both in the US and internationally. The merger was effected on January 1, 2017, as Arnold & Porter Kaye Scholer LLP, later modified to operating as Arnold & Porter, in February 2018.


Reputation and recognition

Kaye Scholer was internationally known for being a leading litigation firm. Its particular areas of litigation strength include antitrust,
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
, and
products liability Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has bro ...
. 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 ''The American Lawyer'' is a monthly legal magazine and website published by ALM Media. The periodical and its parent company, ALM (then American Lawyer Media), were founded in 1979 by Steven Brill.Law360'' selected Kaye Scholer's product liability practice as one of its Practice Groups of the Year. Kaye Scholer was one of only five firms singled out for product liability by the publication. Kaye Scholer also had a well-developed transactional practice, including in
aviation Aviation includes the activities surrounding mechanical flight and the aircraft industry. ''Aircraft'' includes fixed-wing and rotary-wing types, morphable wings, wing-less lifting bodies, as well as lighter-than-air craft such as hot a ...
, bankruptcy, finance,
mergers and acquisitions Mergers and acquisitions (M&A) are business transactions in which the ownership of companies, other business organizations, or their operating units are transferred to or consolidated with another company or business organization. As an aspect ...
,
private equity In the field of finance, the term private equity (PE) refers to investment funds, usually limited partnerships (LP), which buy and restructure financially weak companies that produce goods and provide services. A private-equity fund is both a t ...
, and
real estate Real estate is 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 (also) an item of real property, (more general ...
. In the life sciences arena, Kaye Scholer was recognized in 2010 as "one of the most well regarded firms" for life sciences by T''he International Who's Who of Life Sciences Lawyers 2010''. On September 10, 2009, at an awards ceremony in Basel, Switzerland, capping
Novartis Novartis AG is a Swiss-American multinational pharmaceutical corporation based in Basel, Switzerland and Cambridge, Massachusetts, United States (global research).name="novartis.com">https://www.novartis.com/research-development/research-loc ...
AG's Global Legal Meeting, Kaye Scholer received the company's first-ever Preferred Provider Award for Excellence. Kaye Scholer was 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

The firm was founded in 1917 in New York by Benjamin Kaye and Jacob Scholer. Scholer was a graduate of
New York Law School New York Law School (NYLS) is a private law school in Tribeca, New York City. NYLS has a full-time day program and a part-time evening program. NYLS's faculty includes 54 full-time and 59 adjunct professors. Notable faculty members include E ...
. Kaye was a graduate of
Columbia Law School Columbia Law School (Columbia Law or CLS) is the law school of Columbia University, a private Ivy League university in New York City. Columbia Law is widely regarded as one of the most prestigious law schools in the world and has always ranked i ...
and an eminent banking lawyer who was among the first lawyers to bring a federal income tax case to trial under the 1913 income tax law. Kaye was also a noted playwright who wrote plays between tax cases. The firm was known as Kaye, Scholer, Fierman, Hays and Handler for many years. In 1958 the firm moved into brand new offices at 425
Park Avenue Park Avenue is a wide New York City boulevard which carries north and southbound traffic in the boroughs of Manhattan and the Bronx. For most of the road's length in Manhattan, it runs parallel to Madison Avenue to the west and Lexington Av ...
, between 55th and 56th Streets. This becomes the firm's New York headquarters for the next 55 years, making it one of the longest business tenants at one locale in the city's history. In fall 2014, the firm left 425 Park Avenue and moved its New York headquarters to 250 West 55th Street. Kaye Scholer launched an office in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
in 1980 that now employs approximately 50 attorneys. Charges brought by the
Office of Thrift Supervision The Office of Thrift Supervision (OTS) was a United States federal agency under the Department of the Treasury that chartered, supervised, and regulated all federally chartered and state-chartered savings banks and savings and loans associatio ...
against the firm in 1992 related to its representation of
Charles Keating Charles Humphrey Keating Jr. (December 4, 1923 – March 31, 2014) was an American sportsman, lawyer, real estate developer, banker, financier, conservative activist, and convicted felon best known for his role in the savings and loan sca ...
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 West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some R ...
in 1997, where it focuses on
real estate Real estate is 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 (also) an item of real property, (more general ...
and
estate planning Estate planning is the process of anticipating and arranging, during a person's life, for the management and disposal of that person's estate during the person's life, in the event the person becomes incapacitated and after death. The planning inc ...
law. Former US Senator
Abraham Ribicoff Abraham Alexander Ribicoff (April 9, 1910 – February 22, 1998) was an American Democratic Party politician from the state of Connecticut. He represented Connecticut in the United States House of Representatives and Senate and was the 80th ...
joined Kaye Scholer as Senior Counsel in 1981. Ribicoff had previously sponsored the bill that opened up trade between the US and China. As a result of his influence, Kaye Scholer was able to further expand into the Asian market, becoming the first New York-based firm to open a
Shanghai Shanghai (; , , Standard Mandarin pronunciation: ) is one of the four direct-administered municipalities of the People's Republic of China (PRC). The city is located on the southern estuary of the Yangtze River, with the Huangpu River flowin ...
office in 1998. In 2001, Kaye Scholer opened offices in
London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
and
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
; the firm's
Frankfurt Frankfurt, officially Frankfurt am Main (; Hessian: , " Frank ford on the Main"), is the most populous city in the German state of Hesse. Its 791,000 inhabitants as of 2022 make it the fifth-most populous city in Germany. Located on it ...
office opened soon after, in 2002. In 2010, the firm opened its ninth office in
Palo Alto Palo Alto (; Spanish for "tall stick") is a charter city in the northwestern corner of Santa Clara County, California, United States, in the San Francisco Bay Area, named after a coastal redwood tree known as El Palo Alto. The city was es ...
, offering a full range of legal services to
technology Technology is the application of knowledge to reach practical goals in a specifiable and Reproducibility, reproducible way. The word ''technology'' may also mean the product of such an endeavor. The use of technology is widely prevalent in me ...
companies and private investment firms in
Silicon Valley Silicon Valley is a region in Northern California that serves as a global center for high technology and innovation. Located in the southern part of the San Francisco Bay Area, it corresponds roughly to the geographical areas San Mateo Coun ...
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 Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
and bankruptcy. In November 2016, Kaye Scholer announced that it would be merging with Washington, D.C.-based firm Arnold & Porter LLP to form Arnold & Porter Kaye Scholer LLP, with approximately 1000 attorneys across nine domestic and four international offices. The merger took effect on January 1, 2017. In February 2018, ''
The National Law Journal ''The National Law Journal'' (NLJ) is an American legal periodical founded in 1978. The NLJ was created by Jerry Finkelstein, who envisioned it as a "sibling newspaper" of the '' New York Law Journal''. Originally a tabloid-sized weekly newspa ...
'' reported that the newly combined "firm has quietly reversed its post-merger branding efforts" and "scrubbed nearly all mention of ”Kaye Scholer” from its public image, changing its brand name, email addresses and web domain", while retaining the legal entity name in full.


Notable mandates

Transactional *Representing Skilled Healthcare Group, Inc. in its definitive agreement to combine with Genesis HealthCare, one of the nation's largest providers of post-acute care services. *Advised Sapheon, Inc., a privately held developer of venous disease treatments, in its acquisition by Covidien plc. *Advised longtime client Pfizer Inc. in its agreement to acquire InnoPharma, Inc., a privately held pharmaceutical development company. *Advised VanDeMark Chemical Inc., the largest, independent manufacturer of phosgene and phosgene derivatives in North America, in its acquisition of Framochem Kft from ISOCHEM S.A.S., a company belonging to Germany's AURELIUS Group, and the related debt and equity financings in connection with the acquisition. *Advised ultra premium tequila brand Avion Tequila in its agreement to sell a majority stake in the Avion Spirits LLC joint venture to Pernod Ricard USA. *Represented Healthy Directions, LLC along with its equity holders, including longtime clients American Securities and ACI Capital, in the recently announced sale of Healthy Directions to Helen of Troy Limited. *Represented leading private equity firm American Securities in its acquisition, from Morgan Stanley Global Private Equity, of Learning Care Group (US) Inc. in partnership with the Company's management team. *Represented Omega Healthcare Investors, Inc. as the borrower in a $1.2 billion unsecured syndicated credit facility with Bank of America, N.A., as administrative agent, and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as joint lead arranger and sole book runner. *Advised real estate investment trust Five Oaks Investment Corp (FOIC) (NYSE: OAKS) in a $75 million at-the-market (ATM) facility launched on May 30, 2014 with Mitsubishi UFJ Securities (USA) Inc, BTIG LLC and Keefe, Bruyette & Woods Inc. *Advised Novartis on the intellectual property-related aspects of a series of strategic deals totaling $30 billion, including the landmark acquisition of GlaxoSmithKline's oncology unit for up to $16 billion. *Advised the shareholders of German pharmaceutical company Activaero GmbH, Gmünden in the sale of all their shares to Vectura Group plc for a total of €130 million, funded through a combination of cash payments and Vectura shares. *Advised the shareholders of Pharmalink Consulting, a leading global provider of regulatory affairs consulting services to the life sciences industry, on the sale of the company to business processes and operations provider Genpact Ltd. *Represented Onex Corporation and The Warranty Group in the sale of The Warranty Group to TPG. *Represented
American Securities American Securities LLC (originally named American Securities Capital Partners (ASCP)), is an American private equity firm based in New York with an office in Shanghai that invests in market-leading North American companies with annual revenues ge ...
in its acquisition of Frontier Spinning Mills Holding Corp. from an affiliate of Sun Capital Partners, Inc. *Represented technology infrastructure and hosting company Hostway in that company's sale to CT-based private investment firm Littlejohn & Co, LLC. *Advised
Pfizer Pfizer Inc. ( ) is an American multinational pharmaceutical and biotechnology corporation headquartered on 42nd Street in Manhattan, New York City. The company was established in 1849 in New York by two German entrepreneurs, Charles Pfizer ...
in the company's licensing agreement with Kissei Pharmaceutical Co., Ltd., which grants exclusive rights to Pfizer to develop and commercialize the investigational therapy KUX-1151 for gout and hyperuricemia. *Advised investment firm Schilling Ventures, LLC as co-sponsor in the acquisition, together with co-sponsor Prospect Partners, of Cyclonaire Corporation, in partnership with management. *Advised PDM Bridge, LLC, a steel fabricator that produces steel components for the largest and most complex bridge structures, in the acquisition by Atlas Holdings of certain PDM Bridge assets. *Represented Criterion Real Estate Capital LLC and Wells Fargo Bank, N.A. in originating mortgage and mezzanine financing to finance the acquisition of the Park Lane Hotel on
Central Park South 59th Street is a crosstown street in the New York City borough of Manhattan, running from York Avenue and Sutton Place on the East Side of Manhattan to the West Side Highway on the West Side. The three-block portion between Columbus Circle an ...
. The borrower was The Witkoff Group and its partners. *Advised Hastings Insurance Group, one of Europe's fastest growing insurance businesses, in definitive agreements that gave Goldman Sachs Merchant Banking Division 50 percent of the voting share capital of the Group. *Represented private aviation membership-based company Wheels Up in its placement of a nearly $1.4 billion order with the reorganized Beechcraft Corp., formerly
Hawker Beechcraft Hawker Beechcraft Corporation (HBC) was an American aerospace manufacturing company that built the Beechcraft and Hawker business jet lines of aircraft between 2006 and 2013. The company headquarters was in Wichita, Kansas, United States, with ...
. *Advised Debussy DTC PLC as Issuer in relation to the £263m
CMBS Commercial mortgage-backed securities (CMBS) are a type of mortgage-backed security backed by commercial and multifamily mortgages rather than residential real estate. CMBS tend to be more complex and volatile than residential mortgage-backed ...
transaction arranged by Cairn Capital in order to refinance the UK property portfolio of
Toys R Us A toy or plaything is an object that is used primarily to provide entertainment. Simple examples include Toy block, toy blocks, Board game, board games, and Doll, dolls. Toys are often designed for use by children, although many are designed sp ...
. * Represented Fairmount Minerals Inc., a leading global producer of high grade industrial sand and value-added sand products including resin coated sand and ceramics, in three strategic acquisitions over the course of four months. This includes the acquisition of FTS International's (FTSI) proppant business, including certain
sand mining Sand mining is the extraction of sand, mainly through an open pit (or sand pit) but sometimes mined from beaches and inland dunes or dredged from ocean and river beds. Sand is often used in manufacturing, for example as an abrasive or in conc ...
plants, resin-coating plants, and distribution terminals. * Advised leading private equity firm J.W. Childs Associates, L.P in the sale of JA Holding, Inc. to specialty retailer Men's Wearhouse. *Represented
Meggitt Parker Meggitt (formerly Meggitt plc) is a British international company specialising in components and sub-systems for the aerospace, defence and selected energy markets. It was listed on the London Stock Exchange and was a constituent of the ...
-USA in its sale of one of its subsidiaries, formerly known as Keith Products, to Air Comm Corporation (ACC). *Represented
Novartis Novartis AG is a Swiss-American multinational pharmaceutical corporation based in Basel, Switzerland and Cambridge, Massachusetts, United States (global research).name="novartis.com">https://www.novartis.com/research-development/research-loc ...
on the purchase, by generics division
Sandoz Novartis AG is a Swiss-American multinational pharmaceutical corporation based in Basel, Switzerland and Cambridge, Massachusetts, United States (global research).name="novartis.com">https://www.novartis.com/research-development/research-loca ...
, of specialty dermatology generics company Fougera Pharmaceuticals for $1.525 billion in an all-cash transaction. *Represented longtime client Onex Corporation in its $2.3 billion acquisition of USI Insurance Services LLC from a private fund managed by Goldman Sachs Group Inc. *Advised Bregal Capital, a leading European private equity firm, in the management buy-out of Ideal Stelrad, a UK-based manufacturer of boilers and radiators, for approximately £230 million. *Represented Bregal Capital in the sale of Mirror Controls International (MCi), the world's leading manufacturer of rearview mirror and mirror powerfold actuators for the automotive industry, to private equity firm Egeria in August 2012. In early 2012, ''Buyouts'' named the transaction its "European Deal of the Year." *Advised The Cooper Spirits Company, maker of artisanal elderflower liqueur St-Germain, in that product's acquisition by the world's largest privately held spirits company,
Bacardi Bacardi Limited (; ) is one of the largest privately held, family-owned spirits companies in the world. Originally known for its Bacardi brand of white rum, it now has a portfolio of more than 200 brands and labels. Founded in Cuba in 1862 an ...
. *Helped GlaxoSmithKline Vaccines structure and negotiate its complex public-private collaborative partnership arrangements with The
Texas A&M Texas A&M University (Texas A&M, A&M, or TAMU) is a public, land-grant, research university in College Station, Texas. It was founded in 1876 and became the flagship institution of the Texas A&M University System in 1948. As of late 2021, T ...
University System, Kalon Biotherapeutics and the US Department of Health and Human Services/Biomedical Advanced Research and Development Authority for the development and manufacture of vaccines to protect against pandemic and seasonal influenza. *Advised private equity fund Moelis Capital Partners, as owners of portfolio company Dr. Fresh LLC, in the acquisition of REACH® brand toothbrushes from the Johnson & Johnson Healthcare Products Division of McNEIL-PPC, Inc. *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 Essie is a given name and nickname/hypocorism usually used as a feminine name. As a standalone name, ''Essie'' can be found in several languages, including Romance, Germanic, and Persian ones. In each case, the name means "star." As a nickname, ...
Cosmetics in its agreement to be acquired by
L'Oréal L'Oréal S.A. () is a French personal care company headquartered in Clichy, Hauts-de-Seine with a registered office in Paris. It is the world's largest cosmetics company and has developed activities in the field concentrating on hair color, ...
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 American Securities LLC (originally named American Securities Capital Partners (ASCP)), is an American private equity firm based in New York with an office in Shanghai that invests in market-leading North American companies with annual revenues ge ...
, and publisher of 60 weekly and daily newspapers, in its acquisition of two East-Texas newspapers from Cox Enterprises Inc. *Represented
Parsons Brinckerhoff WSP USA, formerly WSP, Parsons Brinckerhoff and Parsons Brinckerhoff, is a multinational engineering and design firm with approximately 14,000 employees. WSP stands for Williams Sale Partnership. The firm operates in the fields of strategic con ...
Inc. in connection with the merger agreement with Balfour Beatty plc. * Represented the nine-person special committee of Harrah's board of directors in the $27.8B sale of Harrah's Entertainment Inc. to private equity firms TPG and Apollo Management in 2008. *Advised WCI Steel along with Boston law firm
McDermott Will & Emery McDermott Will & Emery is an international law firm with a diversified business practice. The firm is one of the largest grossing law firms in the US and globally, and its lawyers represent a wide range of commercial, industrial and financial e ...
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 The Eastman Kodak Company (referred to simply as Kodak ) is an American public company that produces various products related to its historic basis in analogue photography. The company is headquartered in Rochester, New York, and is incorpor ...
for cash consideration of $2.35 billion in 2007. *Represented Onex Corporation in its acquisition of the Wichita/Tulsa division of
Boeing The Boeing Company () is an American multinational corporation that designs, manufactures, and sells airplanes, rotorcraft, rockets, satellites, telecommunications equipment, and missiles worldwide. The company also provides leasing and p ...
Commercial Airplanes for consideration of $.9 billion in cash in 2005. *Previously represented Onex Corporation and
Oaktree Capital Management Oaktree Capital Management is an American global asset management firm specializing in alternative investment strategies. As of March 31, 2022, the company managed $164 billion for its clientele. The firm was co-founded in 1995 by a group that ...
in their C$2 billion disposal of Loews Cineplex Entertainment Corporation to
Bain Capital Bain Capital is an American private investment firm based in Boston. It specializes in private equity, venture capital, credit, public equity, impact investing, life sciences, and real estate. Bain Capital invests across a range of industry se ...
in 2004. *Advised Chef America Inc. in its acquisition by Nestle SA for total consideration of $2.6 billion in cash and debt. The deal closed in October 2002. *Advised
RCA The RCA Corporation was a major American electronics company, which was founded as the Radio Corporation of America in 1919. It was initially a patent trust owned by General Electric (GE), Westinghouse, AT&T Corporation and United Fruit Comp ...
in the formation of a joint venture with Bertelsmann called RCA/Ariola International in 1985. Litigation *Successfully obtained an order from the United States Judicial Panel on Multidistrict Litigation denying the centralization of two actions filed against clients Endo Pharmaceuticals Inc. and Vintage Pharmaceuticals, LLC d/b/a Qualitest Pharmaceuticals. *Helped client The Hershey Company successfully secure a preliminary injunction against a Maryland State Senator's copying of Hershey trade dress, including the word HERSHEY in white block type on a dark brown background. *Helped client
King Pharmaceuticals King Pharmaceuticals, is a pharmaceutical company, a wholly owned subsidiary of Pfizer based in Bristol, Tennessee. Before being acquired by Pfizer, it was the world's 39th largest pharmaceutical company. On October 12, 2010, King was acquired by ...
, an indirect subsidiary of Pfizer, defeat class certification in a major pharmaceutical antitrust litigation concerning King's muscle relaxant Skelaxin. *Played a key role in obtaining the dismissal of a putative class action brought in the US District Court for the
Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New ...
against
Amazon.com Amazon.com, Inc. ( ) is an American multinational technology company focusing on e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. It has been referred to as "one of the most influential econo ...
and major publishers of electronic books, including client
Penguin Random House Penguin Random House LLC is an Anglo-American multinational conglomerate publishing company formed on July 1, 2013, from the merger of Penguin Group and Random House. On April 2, 2020, Bertelsmann announced the completion of its purchase ...
LLC. *Successfully represented
Kenneth Cole Productions Kenneth Cole Productions, Inc. is an American fashion house that was founded in 1982 by Kenneth Cole and Sam Edelman. History and operations Cole originally named the company Kenneth Cole Incorporated in September 1982 and planned to showcas ...
Inc. and former CEO Paul Blum in a New York Supreme Court case, brought by minority shareholders, challenging the terms under which the company would be taken private. *Achieved a significant litigation victory for investor David Hildes, who lost approximately $25 million when his Harbinger Corporation stock was exchanged for Peregrine Systems, Inc. stock pursuant to a materially false registration statement issued by Peregrine. A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously reversed an earlier district court decision barring Hildes from amending his securities complaint against certain former outside Peregrine directors, allowing Hildes to proceed with his lawsuit. *As National Counsel to Knauf Plasterboard Tianjin (KPT), developed, negotiated and secured approval for a landmark global class action settlement and negotiated the settlement for ''In re: Chinese-Manufactured Drywall Products Liability Litigation.'' *Obtained a $15 million verdict in favor of client Ateliers de la Haute-Garonne, a leading French airplane parts manufacturer, and its fully owned subsidiary F2C2 Systems SAS in a case alleging patent infringement, trade dress infringement, unfair competition and intentional interference with prospective economic advantage against German rival Broetje Automation and its American subsidiary Broetje Automation USA. *Persuaded the
Trademark Trial and Appeal Board The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The TTAB is empowered to determine the right to register a trademark. It has no authority to determine the righ ...
to reverse the
US Patent and Trademark Office The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Ale ...
's refusal to give
The Hershey Company The Hershey Company, commonly known as Hershey's, is an American multinational company and one of the largest chocolate manufacturers in the world. It also manufactures baked products, such as cookies and cakes, and sells beverages like milksh ...
a trademark registration for the design of its iconic chocolate bar. *Represented ConsumerInfo.com, Inc., owner of the FreeCreditReport.com® trademark and website, and part of the Experian family of companies, in its successful suit against competitors One Technologies LP and Adaptive Marketing LLC for registering and using domain names similar to FreeCreditReport.com®. *Represented the former Chairman and CEO of IT management solutions company CA, Inc. in a series of securities class action and derivative cases. *Achieved a victory for clients Vintage Pharmaceuticals and
Endo Pharmaceuticals Endo International plc is an American Irish-domiciled generics and specialty branded pharmaceutical company that generated over 93% of its 2017 sales from the U.S. healthcare system. While Endo's management, operations, and customers are almost ...
Holdings in a 2012 case involving allegedly improperly packaged birth control pills by securing a denial of a plaintiff's motion for class certification and a partial grant of summary judgment. *Won a California federal court order on behalf of
Complete Genomics Complete Genomics is a life sciences company that has developed and commercialized a DNA sequencing platform for human genome sequencing and analysis. This solution combines the company's proprietary human genome sequencing technology with its in ...
, which granted a summary judgment invalidating all nine of Illumina's claims to a patent covering a DNA sequencing method that Complete Genomics was accused of infringing. *Obtained summary judgment for 15 of the leading brand name prescription drug manufacturers and PhRMA, their trade association, in ''Clayworth, et al. v. Pfizer Inc, et al.'', dismissing on the merits an action by California retail pharmacies alleging a conspiracy among brand name prescription drug manufacturers to fix prices in violation of the Cartwright Act, California's state antitrust law. *Helped its clients OSI Pharmaceuticals, Inc., Pfizer, Inc. and Genentech, Inc. successfully defeat a challenge by generic drug manufacturer, Mylan Pharmaceuticals, Inc. (Mylan), which was seeking FDA approval to market a generic version of Tarceva®. *Represented 4Kids Entertainment, Inc., an entertainment and media company that has managed the US licensing, broadcast and merchandising rights to many popular Japanese animated shows including
Yu-Gi-Oh! is a Japanese manga series written and illustrated by Kazuki Takahashi. It was serialized in Shueisha's ''Weekly Shōnen Jump'' magazine between September 1996 and March 2004. The plot follows the story of a boy named Yugi Mutou, w ...
, in the company's Chapter 11 bankruptcy. This reorganization plan was named one of the Most Successful Restructurings of 2012 by ''Turnarounds & Workouts''. *Successfully defended Pfizer units
Wyeth Wyeth, LLC was an American pharmaceutical company. The company was founded in Philadelphia, Pennsylvania, in 1860 as ''John Wyeth and Brother''. It was later known, in the early 1930s, as American Home Products, before being renamed to Wyeth in ...
and
Pharmacia & Upjohn Pharmacia & Upjohn was a global pharmaceutical company formed by the merger of Sweden-based Pharmacia AB and the American company Upjohn in 1995. Today the remainder of the company is owned by Pfizer. In 1997, Pharmacia & Upjohn sold several bra ...
in ''Hines v. Wyeth, et al'' in West Virginia. After a three-week trial, the jury found that the clients' HT products did not cause the plaintiff's breast cancer and that plaintiff's claims were time-barred by the applicable statute of limitation. *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. *Successfully preserved Pfizer's market exclusivity for its blockbuster drug
Viagra Sildenafil, sold under the brand name Viagra, among others, is a medication used to treat erectile dysfunction and pulmonary arterial hypertension. It is unclear if it is effective for treating sexual dysfunction in women. It is taken by ...
, defeating a challenge by
Teva Pharmaceuticals Teva Pharmaceutical Industries Ltd. (also known as Teva Pharmaceuticals) is an Israeli multinational pharmaceutical company with headquarters in Tel Aviv, Israel. It specializes primarily in generic drugs, but other business interests include ...
USA Inc., which was seeking FDA approval to sell a generic version of the drug. *Served as lead patent counsel for
Pfizer Pfizer Inc. ( ) is an American multinational pharmaceutical and biotechnology corporation headquartered on 42nd Street in Manhattan, New York City. The company was established in 1849 in New York by two German entrepreneurs, Charles Pfizer ...
in a patent infringement lawsuit against
Teva Pharmaceuticals Teva Pharmaceutical Industries Ltd. (also known as Teva Pharmaceuticals) is an Israeli multinational pharmaceutical company with headquarters in Tel Aviv, Israel. It specializes primarily in generic drugs, but other business interests include ...
in which Teva attempted to bring a generic version of Celebrex to market. *Successful defense of
Pfizer Pfizer Inc. ( ) is an American multinational pharmaceutical and biotechnology corporation headquartered on 42nd Street in Manhattan, New York City. The company was established in 1849 in New York by two German entrepreneurs, Charles Pfizer ...
in
Viagra Sildenafil, sold under the brand name Viagra, among others, is a medication used to treat erectile dysfunction and pulmonary arterial hypertension. It is unclear if it is effective for treating sexual dysfunction in women. It is taken by ...
product liability litigation over the past decade; obtaining a long line of summary judgment decisions against claims of various diseases and ailments. *Represented Cantor Fitzgerald Securities, as agent to the senior secured lenders to yellow pages publisher Caribe Media, Inc., with respect to Caribe Media's debt-for-equity restructuring. *Successfully represented Xerox Corporation in a federal civil jury trial in which plaintiff SCM alleged that Xerox abused its patent portfolio to create a monopoly of the plain paper copy industry.


Literary history

Kaye Scholer is a law firm with a strong literary tradition, reaching back to the firm's playwright co-founder Benjamin Kaye. His most successful plays include ''She Couldn't Say No'', which premiered on
Broadway Broadway may refer to: Theatre * Broadway Theatre (disambiguation) * Broadway theatre, theatrical productions in professional theatres near Broadway, Manhattan, New York City, U.S. ** Broadway (Manhattan), the street **Broadway Theatre (53rd Stree ...
in 1926 and was adapted for the screen in 1930 and 1940. Other plays written by Kaye include'' I Want My Wife'' (1930), ''The Curtain Rises'' (1933) and ''On Stage'' (1935). In addition, several Kaye Scholer lawyers have published successful novels. In 2005, Greenleaf Book Group Press published ''Two Men Before the Storm: Arba Crane's Recollection of Dred Scott And the Supreme Court Case That Started the Civil War'', written by Kaye Scholer Partner Greg Wallance. The historical novel traces the series of events that led to the landmark Supreme Court ruling in '' Dred Scott vs. Sandford''. Wallance has also authored two nonfiction books, ''Papa's Game'' (1981) and ''America's Soul in the Balance: The Holocaust, FDR's State Department, and the Moral Disgrace of An American Aristocracy'' (2012). In fall 2012,
Academy Chicago Publishers Academy Chicago Publishers is a trade book publisher founded in Chicago, Illinois in 1975 by Anita Miller and Jordan Miller who continue to select what is published. It was purchased by Chicago Review Press in 2014. "... Academy Chicago Limited i ...
published Kaye Scholer Special Counsel Richard Smolev's debut novel, ''Offerings'', which tells the story of the ambitious Kate Brewster, who is determined to be the first woman to run a Wall Street investment firm despite the many high-stakes obstacles that impede her progress. Smolev's second novel, the historical ''In Praise of Angels'', was published in summer 2013.


Noted alumni

Among Kaye Scholer's alumni are Judges Denise Cote and Analisa Torres of the United States District Court for the Southern District of New York; the late former Senator
Abraham Ribicoff Abraham Alexander Ribicoff (April 9, 1910 – February 22, 1998) was an American Democratic Party politician from the state of Connecticut. He represented Connecticut in the United States House of Representatives and Senate and was the 80th ...
;
Kenneth Feinberg Kenneth Roy Feinberg (born October 23, 1945) is an American attorney specializing in mediation and alternative dispute resolution. He served as the Chief of Staff to Senator Ted Kennedy, Special Master of the U.S. government's September 11th ...
, Special Master of the U.S. Government's
September 11th Victim Compensation Fund The September 11th Victim Compensation Fund (VCF) was created by an Act of Congress, the Air Transportation Safety and System Stabilization Act (49 USC 40101), shortly after 9/11 to compensate the victims of the attack (or their families) in excha ...
; and the late
Milton Handler Milton C. Handler (1903 – November 10, 1998) was an American lawyer and professor of law. He was considered a "leading antitrust expert and drafter of some of the nation's best-known laws." Early life and education Born in the Bronx in 1903, he ...
, a Columbia Law professor and antitrust expert who drafted laws that include the first Food and Drug Act, the National Labor Relations Act and the
GI Bill of Rights The Servicemen's Readjustment Act of 1944, commonly known as the G.I. Bill, was a law that provided a range of benefits for some of the returning World War II veterans (commonly referred to as G.I.s). The original G.I. Bill expired in 1956, bu ...
.


References

{{Reflist, 30em


External links


Official Firm Website
Law firms based in New York City Law firms established in 1917