Pillsbury Winthrop Shaw Pittman
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Pillsbury Winthrop Shaw Pittman LLP, also known as Pillsbury, is a full-service law firm with a particular focus on the energy, financial services, real estate and technology industries. Based in the world's major financial, technology and energy centers, Pillsbury counsels clients on global business, regulatory and litigation matters. It has approximately 700 attorneys operating from 20 offices in the U.S.,
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
Asia Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an are ...
. The firm has connections to the two main political parties in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
. The law firm's two oldest predecessor firms were founded in New York in 1868 and in
San Francisco San Francisco (; Spanish for " Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the fourth most populous in California and 17th ...
in 1874, following the California Gold Rush. The San Francisco firm helped create a number of new West Coast businesses including
Chevron Chevron (often relating to V-shaped patterns) may refer to: Science and technology * Chevron (aerospace), sawtooth patterns on some jet engines * Chevron (anatomy), a bone * '' Eulithis testata'', a moth * Chevron (geology), a fold in rock ...
and
Pacific Bell The Pacific Bell Telephone Company (Pacific Bell or Pac Bell) is a telephone company that provides telephone service in California. The company is owned by AT&T through AT&T Teleholdings, and, though separate, is now marketed as “AT&T”. The ...
(now known as
AT&T AT&T Inc. is an American multinational telecommunications holding company headquartered at Whitacre Tower in Downtown Dallas, Texas. It is the world's largest telecommunications company by revenue and the third largest provider of mobile te ...
). In the 2000s, Pillsbury has become an advocate of labor outsourcing as a means of firms cutting costs by offering services to both buyers and providers of outsourcing services.


History

Predecessor firm Pillsbury, Madison & Sutro opened in San Francisco in 1874, making Pillsbury the oldest "powerhouse" law firm in California. In 1900, Pillsbury incorporated Standard Oil of California—the company would later become Chevron, which has remained one of the firm's longstanding clients. Pillsbury managed Chevron's then-record $13.2 billion cash merger with Gulf Oil in 1984, its 2001 merger with Texaco and its 2005 acquisition of Unocal Corp. Pillsbury is the result of several law firm mergers. In 1990, Pillsbury, Madison & Sutro merged with
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 ...
-based Lillick & McHose, and then in 1996 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, ...
-based Cushman Darby & Cushman. In 2001, the firm merged with Winthrop, Stimson, Putnam & Roberts of
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 ...
(Winthrop Stimson's predecessor was founded in 1868 by future Secretary of State and Nobel Peace laureate Elihu Root; another past partner was statesman
Henry L. Stimson Henry Lewis Stimson (September 21, 1867 – October 20, 1950) was an American statesman, lawyer, and Republican Party politician. Over his long career, he emerged as a leading figure in U.S. foreign policy by serving in both Republican and D ...
). The firm changed its name to Pillsbury Winthrop. In 2005 Pillsbury Winthrop merged with Shaw Pittman (formerly Shaw, Pittman, Potts & Trowbridge), a 300-lawyer Washington, D.C.-based firm working in global sourcing, energy, real estate, technology and communications. Pillsbury was involved in the drafting of the 1952 Patent Act, which serves as the basis for patent law today, and launched the first nuclear energy law practice in the U.S. in 1966. In 1968, the firm handled the formation of Intel Corporation, and in 1970, it served as counsel on the first public offering by a member of the
New York Stock Exchange The New York Stock Exchange (NYSE, nicknamed "The Big Board") is an American stock exchange in the Financial District of Lower Manhattan in New York City. It is by far the world's largest stock exchange by market capitalization of its listed ...
. In 1980, Pillsbury advised on the then-largest foreign acquisition of a U.S. bank, and in 1994, the firm registered the first trademark for a dotcom. In 2012, the firm entered into merger discussions with Washington, D.C.-based
Dickstein Shapiro Dickstein Shapiro LLP (formerly Dickstein, Shapiro, Morin & Oshinsky) was a large U.S. law firm and lobbying group based in Washington, D.C., with five offices across the United States. According to the National Law Journal's 2012 rankings, it ...
, but those talks ended by early 2013.


Offices

As of August 2022, Pillsbury has 20 offices in the US, China, Japan and the UK.


Notable work

*Advised Israeli spyware firm
NSO Group NSO Group Technologies (NSO standing for Niv, Shalev and Omri, the names of the company's founders) is an Israeli cyber-intelligence firm primarily known for its proprietary spyware Pegasus, which is capable of remote zero-click surveillance ...
on "business development opportunities and strategies to educate potential business and government partners about NSO’s state-of-the-art technologies, including legal advice on U.S. government procurement regulations and corporate compliance policies." The firm has been implicated in several high profile scandals involving it's Pegasus software being deployed on journalists, activists, world leaders, and dissidents around the world. *Advised Genomic Health, Inc. in its $2.8 billion combination with Exact Sciences Corporation. The transaction will combine two leading cancer diagnostics companies. *Represented Joe Samuel Bailey and Laserscopic Spinal Centers of America Inc. in a theft-of-business trial resulting in disgorgement, compensatory and punitive damages and interest totaling over $370 million. The win dramatically increased the trial court’s original judgment of $1.6 million. *Represented
WestJet WestJet Airlines Ltd. is a Canadian airline headquartered in Calgary, Alberta, near Calgary International Airport. It is the second-largest Canadian airline, behind Air Canada, operating an average of 777 flights and carrying more than 66,130 ...
as U.S. counsel in its US$3.7 billion acquisition by funds affiliated with Onex Corporation. Upon satisfaction of customary closing conditions, Onex will acquire a leading Canadian airline offering flights to more than 100 destinations throughout North America,
Central America Central America ( es, América Central or ) is a subregion of the Americas. Its boundaries are defined as bordering the United States to the north, Colombia to the south, the Caribbean Sea to the east, and the Pacific Ocean to the west. ...
, the Caribbean, and
Europe Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a subcontinent of Eurasia and it is located entirel ...
. *Represented Sinclair Broadcast Group, Inc. in its definitive agreement with
The Walt Disney Company The Walt Disney Company, commonly known as Disney (), is an American multinational mass media and entertainment industry, entertainment conglomerate (company), conglomerate headquartered at the Walt Disney Studios (Burbank), Walt Disney Stud ...
to acquire the equity interests in 21
Regional Sports Networks In the United States and Canada, a regional sports network (RSN) is a cable television channel (many of which are also distributed on direct broadcast satellite services) that presents sports programming to a local market or geographical region. ...
and
Fox College Sports Stadium College Sports (formerly Fox College Sports) is a group of three American sports networks. Owned by Sinclair Broadcast Group and Entertainment Studios (under the joint venture Diamond Sports Group), the three channels air college and hi ...
, which were acquired by Disney in its acquisition of Twenty-First Century Fox, Inc. The transaction brings a total enterprise value of the sports networks to $10.6 billion, reflecting a purchase price of $9.6 billion. *Represented Metso Corp. in an ICC-administered arbitration in which claimant
ArcelorMittal ArcelorMittal S.A. is a Luxembourgian multinational steel manufacturing corporation headquartered in Luxembourg City. It was formed in 2006 from the takeover and merger of Arcelor by Indian-owned Mittal Steel. ArcelorMittal is the second la ...
, one of the largest vertically integrated steel manufacturers in the world, sought more than $200 million from Metso. The dispute centered on allegations that a Metso-supplied component relied upon in ArcelorMittal’s billion-dollar mining complex expansion in Mont-Wright, Quebec, Canada, was not fit for the purpose intended. *Represented JUUL Labs, Inc. in
Altria Group Altria Group, Inc. (previously known as Philip Morris Companies, Inc.) is an American corporation and one of the world's largest producers and marketers of tobacco, cigarettes and related products. It operates worldwide and is headquartered in ...
, Inc.’s $12.8 billion investment. Altria’s investment represents a 35-percent economic interest in JUUL, valuing the company at $38 billion. *Advised NextEra Energy Transmission, LLC in a deal with SteelRiver Infrastructure Fund North America and its partners to acquire Trans Bay Cable, LLC for approximately $1 billion. *Worked with DV Leap, the Center for Judicial Excellence and the California Protective Parents Association to ensure the passage of H. Con. Res. 72, a bipartisan resolution urging state courts to determine family violence claims and risks to children before considering other ‘best interest’ factors. *Represented
San Diego Comic-Con San Diego Comic-Con International is a comic book convention and nonprofit multi-genre entertainment event held annually in San Diego, California since 1970. The name, as given on its website, is Comic-Con International: San Diego; but it is ...
in trademark infringement dispute against the producers of “Salt Lake Comic Con.” San Diego Comic-Con was awarded $4 million in legal fees and obtained a permanent injunction on the use of the Comic Con trademark. *Represented ORIX Aviation in its agreement to purchase a 30-percent stake in Avolon Holdings Ltd. for $2.2 billion. *Advised Brookfield Business Partners L.P. on the regulatory and policy aspects of its successful acquisition of
Westinghouse Electric Company Westinghouse Electric Company LLC is an American nuclear power company formed in 1999 from the nuclear power division of the original Westinghouse Electric Corporation. It offers nuclear products and services to utilities internationally, includi ...
. The purchase price for the global nuclear technology, services and fuel provider was $4.6 billion. *With
Lambda Legal Lambda Legal Defense and Education Fund, better known as Lambda Legal, is an American civil rights organization that focuses on lesbian, gay, bisexual, and transgender (LGBT) communities as well as people living with HIV/AIDS ( PWAs) through imp ...
, represented pro bono client Drew Adams in the first transgender bathroom case ever to go to trial in the U.S. District Judge Timothy J. Corrigan of the
United States District Court for the Middle District of Florida The United States District Court for the Middle District of Florida (in case citations, M.D. Fla.) is a federal court in the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are app ...
(Jacksonville Division) ruled in favor of Adams on all grounds on July 26, 2018. *Represented business process services company Synnex Corporation in its $2.43 billion cash-and-stock deal to acquire call center operator
Convergys Corporation Convergys Corporation was a corporation based in Cincinnati, Ohio, that sold customer management and information management products, primarily to large corporations. Customer management products included agent assisted, self-service and care sof ...
to expand its footprint in technology and information services. *Worked pro bono in conjunction with
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 ...
's Sexuality and Gender Law Clinic to file an amicus brief in ''Karnoski v. Trump'' challenging the prohibition on military service by transgender people. *Worked pro bono on behalf of
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
, Immigrant Legal Resource Center and Freedom for Immigrants, to file an amicus brief in a high-profile case addressing the “tragic state” of immigration detention centers in
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
. *Represented Cuker Interactive LLC in a trade secret dispute involving website development for Wal-Mart Stores Inc. An
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the O ...
jury found that Wal-Mart misappropriated trade secrets, awarding more than $12 million in damages. *Represented Japanese information and health technology giant Hoya Corp. in its investment in a consortium led by Boston’s Bain Capital to purchase
Toshiba , commonly known as Toshiba and stylized as TOSHIBA, is a Japanese multinational conglomerate corporation headquartered in Minato, Tokyo, Japan. Its diversified products and services include power, industrial and social infrastructure systems, ...
’s flash memory chip business. The $17.8 billion deal includes a 27 billion-yen commitment from Hoya Corp. *Served as co-counsel pro bono with the Disability Rights Legal Center, which settled two groundbreaking lawsuits relating to the rights of students with disabilities under the care of
Pomona Unified School District Pomona Unified School District or PUSD serves approximately 30,000 Pre-K-12 students and 17,000 adult learners at 44 schools in Pomona and Diamond Bar, California. It is located 30 miles east of downtown Los Angeles, and is the third-largest scho ...
. As a result, the district will undergo extensive remedial action, including hiring experts in special education to review and revise the district's policies, practices, and procedures. *Represented NTT Data Corp. in its acquisition of
Dell Inc. Dell is an American based technology company. It develops, sells, repairs, and supports computers and related products and services. Dell is owned by its parent company, Dell Technologies. Dell sells personal computers (PCs), servers, data s ...
's IT services division (infrastructure services, cloud services, application services, and business process outsourcing) for $3 billion. *Worked pro bono with the ACLU of Northern California and Bay Area Legal Aid in a lawsuit challenging the suspension of driver's licenses as a means of collecting unpaid traffic fines. Under the terms of the settlement, the Court will notify every traffic defendant of their right to be heard regarding their “ability to pay.” *Advised Canadian developer in acquisition, financing and development of the world's largest retail, entertainment, amusement, recreation and tourism project, the $3.7 billion American Dream complex in New Jersey's Meadowlands. *Represented Fifth Street Properties in its approximately $2 billion purchase of 787 Seventh Avenue in New York City (and concurrent acquisition of $1 billion in financing for the property purchase). *Secured $71.7 million jury award for oil refinery company client, achieving full recovery against 14 insurers on a contingent business interruption claim resulting from a pipeline rupture. *Represented Media General Inc. in its successful $2.6 billion merger with LIN Media LLC, including the sale of seven television stations to various buyers to address regulatory and antitrust concerns. * Represented the National Association of Regulatory Utility Commissioners (NARUC) in its D.C. appeals court win against the U.S. Department of Energy. The appeals court panel ordered the DOE to suspend $750 million a year in nuclear waste fees until it comes up with a permanent facility for depositing the waste. * Represented Aerostar Airport Holdings in 2013 in arranging a $2.6 billion, 40-year deal creating that is the first public-private partnership for a major U.S. airport. Pillsbury helped the client obtain
FAA The Federal Aviation Administration (FAA) is the largest transportation agency of the U.S. government and regulates all aspects of civil aviation in the country as well as over surrounding international waters. Its powers include air traffic m ...
and TSA approval to lease and operate
Luis Muñoz Marín International Airport Luis Muñoz Marín International Airport ( es, link=no, Aeropuerto Internacional Luis Muñoz Marín) is a joint civil-military international airport located in suburban Carolina, Puerto Rico, southeast of San Juan. It is named for Luis Muñoz ...
in
San Juan, Puerto Rico San Juan (, , ; Spanish for "Saint John") is the capital city and most populous municipality in the Commonwealth of Puerto Rico, an unincorporated territory of the United States. As of the 2020 census, it is the 57th-largest city under the juri ...
. * Represented
Mitsui is one of the largest ''keiretsu'' in Japan and one of the largest corporate groups in the world. The major companies of the group include Mitsui & Co. ( general trading company), Sumitomo Mitsui Banking Corporation, Nippon Paper Industries ...
in its role as a minority partner with BP in the Deepwater Horizon drilling accident and oil spill. *Represented American Express in its defense against claims related to the Salad Oil Scandal. * Represented Pacific Coast Hospitality in the $380 million sale of the Bacara resort in Santa Barbara, CA to the Ritz-Carlton Resort family of hotels in 2017.


Awards and recognition

*Named to BTI’s 2019 Power Elite list; ranked No. 12 overall based on strength of client relationships. *In 2019, appeared for the 11th time on Working Mother’s list of the best law firms for women; selected for the publication’s inaugural Hall of Fame class. *In 2019, achieved a perfect score on the Human Rights Campaign’s Corporate Equality Index for the 13 consecutive years. *Named to the 2019 NAFE Top Companies for Executive Women list. *Ranked No. 61 by ''
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.

Layoffs

In April 2006, Pillsbury had a round of layoffs. These layoffs were in connection with the merger with Shaw Pitman in April 2005. The layoffs included its unofficial mascot, Martin Macy. Macy, who had started with the firm at the age 17, had been in the San Francisco office for 41 years prior to his dismissal. He was terminated from his position as messenger to save his annual salary of $34,000. At the time, the combined revenue for the partners at the firm had dropped from $780,000 to $760,000 and the firm's assets were over $6 million.Ryan To assist Macy, the legal community created a
trust fund A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the " sett ...
to which former co-workers, clients and other members of the legal community donated money. The ''
San Francisco Chronicle The ''San Francisco Chronicle'' is a newspaper serving primarily the San Francisco Bay Area of Northern California. It was founded in 1865 as ''The Daily Dramatic Chronicle'' by teenage brothers Charles de Young and Michael H. de Young. The ...
'' reported that "His dismissal has become something of a ''cause celebre'' in the San Francisco legal community." By April 2007, over $230,000 had been gathered for Macy. Macy died in his sleep on February 2008.


Misconduct

In 2009 a
United States federal judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...
found misconduct by a number of lawyers regarding the conflict of interest disclosure failures by Pillsbury Winthrop in the
SONICblue SONICblue Incorporated (NASDAQ:SBLU) was a public company based in Santa Clara, California. The firm was a manufacturer of home audio/video equipment with an estimated revenue of $100M - $250M and approximately 700 employees. SONICblue first fil ...
bankruptcy case stating "''The reorganization of SONICblue, Inc. has been tragically marred by the misdeeds of professionals''". Pillsbury was forced to disgorge $10 million in fees for filing a false
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a stateme ...
and hiding their conflict of interest for the debtor in the bankruptcy case of SONICblue. The federal judge ordered the firm to step down citing the "complete breakdown of creditor confidence" due to the firm's failure to make a required disclosure of a conflict of interest involving a number of
hedge fund A hedge fund is a pooled investment fund that trades in relatively liquid assets and is able to make extensive use of more complex trading, portfolio-construction, and risk management techniques in an attempt to improve performance, such as s ...
s. Counsel for the official creditors committee gave tacit approval of the conflict as neither law firm brought the matter to the attention of the court. Sequential conflict disclosure misconduct in the SONICblue bankruptcy case has escalated the possible consequences to Pillsbury. The lawyer representing the successor to SONICblue subsequently learned that in addition to the failure to disclose the conflict, the firm also failed to disclose their own withdrawal of funds from the Debtor during the pre-petition preference period and had petitioned the Federal Judge to refer the firm's responsible lawyers for criminal prosecution and sought $30 million in damages from Pillsbury Winthrop and associated parties on the official creditors committee as well as their counsel. On March 29, 2018, Pillsbury Winthrop was disqualified from representing a client, Continental Service Group Inc. who collects overdue student loans. A partner had said about a competitor (Performant Financial Corp.) that it "was not a highly rated" company. However, Performant was a current client of Pillsbury Winthrop in other matters. The judge stated that the Pillsbury Winthrop's partners' statements "created a situation where he has stunted Pillsbury's ability to effectively and zealously advocate on ConServe's behalf." Pillsbury denied any wrongdoing.


References


Further reading

*


External links

* {{official, http://www.pillsburylaw.com Law firms established in 1868 Law firms based in New York City Outsourcing in the United States Foreign law firms with offices in Japan