KNOWING MATTERS

MEDIA ALERT

BRUSSELS - March 03, 2017 - The upsurge in EU merger control activity that started five years ago continued in 2016 with 362 cases notified, 25 cases approved subject to commitments and one prohibition decision.
 
This number of notifications represents the continuation of a trend of year-on-year increases in the number of filings; this is the highest number of notifications since 2007 and reflects in part a prolonged uptick in cross-border deal activity more generally.
 
“In 2016, we witnessed an M&A boom due to consolidation that will carry on in 2017. Many companies are facing poor organic growth prospects, and this is forcing them to consider buying rivals, or expand into new territories and conduct cross-border deals” said Catriona Hatton, partner in charge of the firm's Brussels office and Co-Chair of the firm's Global Antitrust and Competition Law group.
 
Catriona Hatton and David Cardwell, Counsel in the Antitrust and Competition Practice of Baker Botts' Brussels office, are able to discuss how recent decisions and policy developments will affect merger enforcement policy in the near term:
 
  • The increasing role of innovation in the Commission’s assessment of mergers (e.g. Hutchison 3G UK/Telefonica UK)
  • Possible changes to EU Merger Regulation thresholds (prompted by recent pharma and big data deals, including the Facebook/Whats App transaction)

Next Story / BREAKING NEWS

Baker Botts Bolsters Corporate, Tax and Global Projects Practices - Adds Group of Nine New Partners

HOUSTON, February 21, 2017 - Baker Botts L.L.P, a leading international law firm, today announced that nine partners, formerly with Norton Rose Fulbright, have joined the firm’s Houston office. Included in this group of lawyers is the former head of Norton Rose Fulbright’s U.S. Corporate and M&A Practice, the former head of their Houston Corporate and M&A Practice and the former head of Norton Rose Fulbright’s U.S. Tax Practice.

“This exceptional group of partners possess a depth of talent and volume of experience that will add to our already robust Corporate, Tax and Global Projects Practices. Their addition strengthens our position as the leading firm serving the energy industry,” said Andrew M. Baker, Managing Partner of Baker Botts.

“These new additions dramatically enhance our strength in the areas of private equity, mergers and acquisitions, tax, finance and projects in the upstream, midstream and downstream energy markets,” added Mr. Baker

“This group of lawyers have been working together for many years and recognize the importance of collegiality, professional excellence, integrity and world class client service. We are very excited by their arrival,” said John Porter, Partner in Charge of the firm’s Houston office.

The partners moving to Baker Botts include - Edward Rhyne, David Peterman, former head of Norton Rose Fulbright’s  U.S. M&A and Securities Practices, Robert Phillpott, former head of Norton Rose Fulbright’s U.S. Tax Practice, Efren Acosta, former head of Norton Rose Fulbright’s Houston Corporate, M&A and Securities Practices, Ned Crady, Daniel Mark, Natasha Khan, Ron Scharnberg and Dan Tristan.

Baker Botts has over 200 lawyers based in Houston, representing global clients. Baker Botts has more than 725 lawyers in 14 offices around the world. The firm’s  lawyers have extensive global experience in the energy, technology, corporate, litigation, tax, environment, renewables, regulatory, antitrust, white collar and investigations and real estate sectors.

The following provides brief biographies of the new partners joining Baker Botts:

Corporate Group

Edward Rhyne - Partner

Mr. Rhyne’s practice focuses on servicing clients involved in private equity transactions including fund formations, capital finance and private equity sponsored mergers and acquisitions. He has worked as both in-house counsel and in private practice.

His experience includes structuring and negotiating private equity sponsored mergers and acquisitions, administering, structuring, and forming limited partnerships and limited liability company investment vehicles. 
Mr. Rhyne received his B.S. in Accounting from the University of Alabama, his J.D. from Cumberland School of Law at Samford University and his LL.M. in Taxation from New York University.

David Peterman - Partner

Mr. Peterman is the former head of Norton Rose Fulbright’s  U.S. M&A and Securities Practice Group.

His practice focuses on securities, business and corporate law. He has represented both international, as well as domestic buyers, sellers, underwriters, investors and issuers in corporate finance transactions, acquisitions and dispositions of assets and stock in public and private transactions.

Mr. Peterman received his B.B.A. in Finance from The University of Texas and his J.D., with honors, from The University of Texas School of Law.

Efren Acosta - Partner

Mr. Acosta is the former head of Norton Rose Fulbright’s Houston Corporate, M&A and Securities Practices. His practice focuses on mergers and acquisitions for public and private companies and clients, with an emphasis in the oilfield services and manufacturing sectors.

He graduated from the University of Houston with his B.A. and his J.D., magna cum laude.

Natasha Khan - Partner

Ms. Khan focuses her practice on corporate and securities law matters, particularly in the energy industry. Her work includes mergers, acquisitions, dispositions, initial public offerings, public and private issuances of equity and debt securities, and exchange offerings. In addition, Ms. Khan regularly advises private equity firms in the energy sector and clients regarding U.S. securities law compliance and disclosure matters, as well as general corporate governance and compliance matters.

Ms. Khan received her B.A. in Economics from the University of California at Berkeley and her J.D., cum laude, from Tulane University School of Law.

Dan Tristan - Partner

Mr. Tristan’s clients include lenders and borrowers involved with international and domestic financing, including asset-based financings, working capital credit, commercial paper programs, project finance and acquisition financings. He also works with private placements and debt offerings and private companies in corporate governance and compliance issues.

Mr. Tristan received his B.A., Psychology, from Harvard University and his J.D. from the University of California at Berkeley, Boalt Hall School of Law.

Global Projects

Ned Crady - Partner

Mr. Crady’s clients include energy companies and investors in finance, project development, acquisitions and divestitures, corporate governance, joint venture planning and related entity capitalization. He has extensive international experience in the power and oil sectors and in the midstream sector.

Mr. Crady graduated with his B.A. from Washington & Lee University and his J.D. from South Texas College of Law.

Daniel Mark - Partner

Mr. Mark’s practice focuses on mergers and acquisitions, securities matters and corporate and commercial transactions.  He represents both private and public corporate clients in the upstream, midstream and downstream energy sectors, including chemical manufacturing, pipelines, terminals, refineries and related facilities.

Mr. Mark received his B.A. in Business and Psychology from Baylor University, and his M.B.A. in Finance from The University of Texas and his J.D., with honors from The University of Texas School of Law.

Tax

Robert Phillpott - Partner

Mr. Phillpott is the former Head of Norton Rose Fulbright’s U.S. Tax Practice. His Tax practice focuses on business taxation, with a concentration on state and federal tax planning and structuring of mergers and acquisitions, spin-offs, tax-free reorganizations, restructuring, equity and debt offerings, divestitures and joint ventures. In addition, he has significant experience with the formation of partnerships, corporations and limited liability companies.

Mr. Phillpott received his B.B.A.in Accounting from Loyola University, his J.D., magna cum laude, from Loyola University Law School and his LL.M. in Taxation from New York University.

Ron Scharnberg - Partner

Mr. Scharnberg advises clients on a variety of tax issues with a focus on federal tax planning, international and domestic mergers and acquisitions, divestitures, restructurings, joint ventures, reorganizations, spin-offs and financing transactions.

Mr. Scharnberg received his B.B.A., magna cum laude, in Finance from Texas A&M University and his J.D., with high honors, from The University of Texas School of Law.

Next Story / Breaking News

Baker Botts Enhanced Crisis Management Capabilities Profiled on New Web Page

Baker Botts lawyers have decades of experience proactively working with clients to prepare for, prevent and manage crises that raise significant legal, business and reputational risk. Our team includes former federal and state prosecutors, former federal regulators, former in-house counsel, national security and cyber advisors, skilled litigators, investigators, corporate lawyers, industry specialists and crisis communications consultants.

Our Approach

Crises manifest themselves in different ways and are rarely one-dimensional. By nature, they are unpredictable and can morph unexpectedly. Our multidisciplinary team takes a proactive, integrated approach to solving problems, drawing on relevant experience across practice areas and industries to deliver sophisticated and multi-dimensional strategic guidance proven to limit legal risk, contain problems, minimize reputational harm and reduce collateral damage to the business. We work closely with our clients, including Boards of Directors, Special Committees and senior company leadership, to develop tailored solutions to address specific problems. We focus on getting clients beyond the crisis and back to business.

Our team also helps companies prepare for both the predictable and the unpredictable. In a world of instantaneous communications, a 24-hour news cycle, data intrusion and data leaks, increased whistleblower activity and an unpredictable geo-political landscape, businesses need to be proactive in an environment that demands high ethical conduct by business leaders. While it is impossible to foresee everything that might go wrong or where the first hint of a problem might emerge, we help our clients build and revisit crisis management plans as well as prepare for strategic and practical considerations on how best to get ahead of problems that may arise. More importantly, we help position clients to become more agile and tactical in how they respond to “the unexpected”—whether it is a report of wrongdoing, a catastrophic event, a significant data breach, an attempt to harm or sabotage an organization through misinformation, product failure or any other significant issue.

In addition to conducting assessments of existing procedures, we also work with clients to train their teams to more effectively react to and contain crises at the outset. As we have seen time and again, how a company responds in the initial stages of any crisis and how nimbly it addresses issues as they arise, are critical to its ability to control the narrative  and limit the fallout with its stakeholders, customers, the public, the government and other interested parties.

Our Experience

Examples of corporate crises that Baker Botts teams have addressed include:

  • Criminal, civil and administrative investigations
  • Whistleblower claims or third party allegations of wrongdoing
  • Environmental disasters and toxic torts
  • Financial disclosures and restatements
  • Accounting irregularities and internal control lapses
  • Board governance issues and breaches of fiduciary duties
  • Cyber security and data breaches
  • Theft of trade secrets
  • Complex litigation and class actions
  • Antitrust investigations
  • Product failures, product safety and product liability
  • Financial and business restructuring
  • Work place safety investigations
  • Suspension, debarment or exclusion from government contracting
  • National security matters
  • Infringement on patents, intellectual property and other proprietary information
  • Legislation that may limit a company’s ability to conduct business
Next Story / AWARDS & RANKINGS

Chambers Global 2017: Baker Botts Enhances Firm and Individual Ranks

HOUSTON, March 20, 2017 - Baker Botts L.L.P., a leading international law firm, announced today that both firm rankings and individual rankings were enhanced in the 2017 edition of Chambers Global

In the 2017 book, Baker Botts obtained 38 total firm rankings, an increase over 2016. Three new firm rankings were added to Baker Botts’ accolades this year: 
  • Belgium – International Trade/WTO - Recognized Practitioner 
  • UAE – Corporate M&A (Foreign Desk) - Foreign Desk 
  • UK – Projects (Foreign Experts – Africa-Wide) - Foreign Desk

 Furthermore, the firm improved in six practice group categories and earned six Band 1 practice group rankings. The six Band 1 rankings include: 

  • China - Energy & Natural Resources (International Firms) 
  • Global - Projects & Energy: Oil & Gas 
  • Russia - Energy & Natural Resources 
  • United Kingdom - Energy & Natural Resources (Oil & Gas) 
  • USA - Projects: LNG 
  • USA - Projects: Oil & Gas 

In their commentary, Chambers Global noted that Baker Botts’ Global International Arbitration team was “recommended for its in-depth expertise in the energy sector, and, more specifically, in oil and gas matters” and that they have a “very strong commercial outlook." 

Additionally, seven firm lawyers improved their individual rankings in the latest edition of Chambers Global

A client quote from the 2017 report noted that the service from the firm’s Energy & Natural Resources practice “is provided by very dependable and experienced lawyers that have demonstrated high commitment and responsiveness to our requests down the years. They are distinguished by their quality, allied to their commitment to the project."

Please click to view Baker Botts’ complete Chambers Global 2017 results

Next Story / MEDIA ALERT

Baker Botts Antitrust Experts Available to Comment on EU Merger Control Trends