Bingham McCutchen
Encyclopedia
Bingham McCutchen LLP is a global law firm with approximately 1,100 attorneys
in nine US offices and four international offices. It represents clients in corporate litigation, cross-border restructurings and insolvencies, financing and securities, structured finance and capital markets, government affairs and a wide variety of corporate and technology transactions.
The law firm was named 30th best company to work for in the 2009 Fortune magazine article, “100 Best Companies to Work For.” This was the fifth consecutive year on the list for Bingham McCutchen, ranking 78th in 2005, 82nd in 2006, 94th in 2007 and 41st in 2008. The firm has been awarded similar accolades by the San Francisco Chronicle, Los Angeles Business Journal, Orange County Business Journal, Washington Business Journal, Crain's New York Business, and Boston Business Journal.
Since 1997, the company has experienced sharp growth in the number of attorneys, offices, and revenues by absorbing other law firms. Bingham McCutchen has offices in Boston, Hartford
, Hong Kong
, London
, Los Angeles
, New York
, Orange County
, San Francisco
, Santa Monica, California
, Silicon Valley
, Tokyo
, and Washington, D.C.
Its offices are mainly concentrated in the California and East Coast areas. It also offers consulting services through subsidiaries Bingham Consulting Group and Bingham Strategic Advisors.
through a merger with 55-lawyer Hebb & Gitlin, a firm that concentrated on international bankruptcy
work. In 2001, Bingham Dana bulked up in New York City
through a merger with Richards & O'Neill, a boutique law firm of 55 attorneys known for its litigation and corporate groups. The next year, in 2002, Bingham Dana merged with San Francisco-based law firm McCutchen, Doyle, Brown & Enersen to form 800-lawyer strong Bingham McCutchen. McCutchen Doyle brought five offices and a strong litigation and intellectual property
focus. In 2003, the firm expanded in Southern California
by merging with corporate boutique Riordan & McKinzie. More recently, 2006 saw a merger between Bingham McCutchen and Swidler Berlin Shereff Friedman
, a Washington, D.C.
-based firm which brought greater capabilities in the nation's capital as well as a strong regulatory group. Bingham also launched in Hong Kong
that same year. In 2007, the firm acquired Los Angeles
litigation shop Alschuler Grossman and merged with two Tokyo
-based firms to build one of the largest US presences in the Japanese capital.
In July 2009, Bingham McCutchen acquired McKee Nelson, a midsize law firm specializing in tax law
and structured finance
.
, has represented pro bono a dozen Uighur men held in extrajudicial detention
in the United States
Guantanamo Bay detention camps, in Cuba
.
Bingham has filed and extensively litigated numerous habeas corpus cases on behalf of their Uighur clients, as well as cases under the Detainee Treatment Act of 2005 that brought to light serious evidentiary and procedural flaws in the 2004-05 Combatant Status Review Tribunal
s that were used to justify the Uighurs' ongoing imprisonment. Thus far, six Bingham clients have been released: two to Albania and four to Bermuda.
However, despite an increase in revenues and a "best year ever," Bingham froze salaries, and in March 2009 laid off 16 attorneys and 29 support staff. A firm-wide memo explained that the layoffs were necessary to protecting the jobs of the more than 2000 remaining employees, a claim that appears at odds with Bingham's unusually strong performance that year.
Hartford
legal services to the Harlem Chapter of Say Yes to Education
. Bingham attorneys extend their services to the family members of Say Yes students for the duration of the children's time in school.
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 US offices and four international offices. It represents clients in corporate litigation, cross-border restructurings and insolvencies, financing and securities, structured finance and capital markets, government affairs and a wide variety of corporate and technology transactions.
The law firm was named 30th best company to work for in the 2009 Fortune magazine article, “100 Best Companies to Work For.” This was the fifth consecutive year on the list for Bingham McCutchen, ranking 78th in 2005, 82nd in 2006, 94th in 2007 and 41st in 2008. The firm has been awarded similar accolades by the San Francisco Chronicle, Los Angeles Business Journal, Orange County Business Journal, Washington Business Journal, Crain's New York Business, and Boston Business Journal.
Since 1997, the company has experienced sharp growth in the number of attorneys, offices, and revenues by absorbing other law firms. Bingham McCutchen has offices in Boston, Hartford
Hartford, Connecticut
Hartford is the capital of the U.S. state of Connecticut. The seat of Hartford County until Connecticut disbanded county government in 1960, it is the second most populous city on New England's largest river, the Connecticut River. As of the 2010 Census, Hartford's population was 124,775, making...
, Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, Los Angeles
Los Angeles, California
Los Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, Orange County
Orange County, California
Orange County is a county in the U.S. state of California. Its county seat is Santa Ana. As of the 2010 census, its population was 3,010,232, up from 2,846,293 at the 2000 census, making it the third most populous county in California, behind Los Angeles County and San Diego County...
, San Francisco
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
, Santa Monica, California
Santa Monica, California
Santa Monica is a beachfront city in western Los Angeles County, California, US. Situated on Santa Monica Bay, it is surrounded on three sides by the city of Los Angeles — Pacific Palisades on the northwest, Brentwood on the north, West Los Angeles on the northeast, Mar Vista on the east, and...
, Silicon Valley
Silicon Valley
Silicon Valley is a term which refers to the southern part of the San Francisco Bay Area in Northern California in the United States. The region is home to many of the world's largest technology corporations...
, Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
, and 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....
Its offices are mainly concentrated in the California and East Coast areas. It also offers consulting services through subsidiaries Bingham Consulting Group and Bingham Strategic Advisors.
History
In the 1990s, old line Boston-based firm Bingham, Dana & Gould embraced a growth strategy that would transform the firm from a regional heavyweight into a national and then international success story. In 1997, Bingham Dana acquired internationally-focused boutique law firm Marks & Murase with its list of Japanese clients. Bingham Dana opened in New York City with the 25-lawyer team from Marks. Then the next outpost was established in Hartford, ConnecticutHartford, Connecticut
Hartford is the capital of the U.S. state of Connecticut. The seat of Hartford County until Connecticut disbanded county government in 1960, it is the second most populous city on New England's largest river, the Connecticut River. As of the 2010 Census, Hartford's population was 124,775, making...
through a merger with 55-lawyer Hebb & Gitlin, a firm that concentrated on international 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....
work. In 2001, Bingham Dana bulked up in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
through a merger with Richards & O'Neill, a boutique law firm of 55 attorneys known for its litigation and corporate groups. The next year, in 2002, Bingham Dana merged with San Francisco-based law firm McCutchen, Doyle, Brown & Enersen to form 800-lawyer strong Bingham McCutchen. McCutchen Doyle brought five offices and a strong litigation and 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...
focus. In 2003, the firm expanded in Southern California
Southern California
Southern California is a megaregion, or megapolitan area, in the southern area of the U.S. state of California. Large urban areas include Greater Los Angeles and Greater San Diego. The urban area stretches along the coast from Ventura through the Southland and Inland Empire to San Diego...
by merging with corporate boutique Riordan & McKinzie. More recently, 2006 saw a merger between Bingham McCutchen and Swidler Berlin Shereff Friedman
Swidler Berlin Shereff Friedman
Swidler Berlin Shereff Friedman LLP was a Washington, D.C.-based law firm, itself a product of the merger between D.C. law firm Swidler & Berlin and New York City's Shereff, Friedman, Hoffman & Goodman LLP in 1998. The firm merged with Bingham McCutchen in 2006. At its height in 2005, Swidler...
, a 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....
-based firm which brought greater capabilities in the nation's capital as well as a strong regulatory group. Bingham also launched in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
that same year. In 2007, the firm acquired Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
litigation shop Alschuler Grossman and merged with two Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
-based firms to build one of the largest US presences in the Japanese capital.
In July 2009, Bingham McCutchen acquired McKee Nelson, a midsize law firm specializing in tax law
Tax law
Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes.-Major issues:Primary taxation issues facing the governments world over include;* taxes on income and wealth...
and structured finance
Structured finance
Structured finance is a broad term used to describe a sector of finance that was created to help transfer risk and avoid lawsStructured finance is a broad term used to describe a sector of finance that was created to help transfer risk and avoid laws...
.
Notable Mandates
- Stephen M. RossStephen M. RossStephen M. Ross is an American real estate developer. He is the founder, chairman and CEO of The Related Companies, L.P., a New York City-based real estate development company. It is jointly owned by his business partner, Jorge M. Perez. He owns 95% of the Miami Dolphins NFL football franchise and...
in his $1.1 billion purchase of 50% of the Miami DolphinsMiami DolphinsThe Miami Dolphins are a Professional football team based in the Miami metropolitan area in Florida. The team is part of the Eastern Division of the American Football Conference in the National Football League...
franchise and Dolphin StadiumDolphin StadiumSun Life Stadium is an American football stadium in Miami Gardens, Florida, a suburb of Miami. It is the home stadium of the Miami Dolphins National Football League team, and the University of Miami Hurricanes football team. It also hosts the Orange Bowl, an annual college football bowl game. It...
. - The Ad Hoc Committee of Senior Secured Lenders who held nearly $1.6 billion in Delta Air LinesDelta Air LinesDelta Air Lines, Inc. is a major airline based in the United States and headquartered in Atlanta, Georgia. The airline operates an extensive domestic and international network serving all continents except Antarctica. Delta and its subsidiaries operate over 4,000 flights every day...
' secured debt backed by its aircraft in the company's Chapter 11 restructuring. Jane's Transport Finance awarded Bingham its Airline Restructuring Deal of the Year Award for the firm's role in Delta. - Appointed by the court, Hideyuki Sakai served as trustee in one of Japan's largest bankruptcy cases, the corporate reorganization of Chiyoda Mutual Life Insurance Col, a leading Japanese company with more than 2.94 trillion yen (approximately $27 billion) in liabilities.
- Platinum EquityPlatinum EquityPlatinum Equity, LLC is a private equity investment firm founded by Tom Gores in 1995. The firm focuses on leveraged buyout investments of established companies in the U.S. and Europe....
in numerous acquisitions and sales, including a $1.1 billion sale of PNA Group to Reliance Steel & Aluminum, and a $2 billion purchase of Ryerson Inc., a metals distributor and processor. - Cognos Inc. in its $5 billion acquisition by IBMIBMInternational Business Machines Corporation or IBM is an American multinational technology and consulting corporation headquartered in Armonk, New York, United States. IBM manufactures and sells computer hardware and software, and it offers infrastructure, hosting and consulting services in areas...
Corp. - Bondholders committee in the €200 million restructuring of Schefenacker AG, a German auto parts maker.
- Energy Investors Fund in the $850 million EIF Calypso power portfolio acquisition financing.
- Filmmaker Michael MooreMichael MooreMichael Francis Moore is an American filmmaker, author, social critic and activist. He is the director and producer of Fahrenheit 9/11, which is the highest-grossing documentary of all time. His films Bowling for Columbine and Sicko also place in the top ten highest-grossing documentaries...
in a successful appeal of a defamation suit brought by a former soldier over the use of a television news interview clip in the documentary "Fahrenheit 9/11Fahrenheit 9/11Fahrenheit 9/11 is a 2004 documentary film by American filmmaker and political commentator Michael Moore. The film takes a critical look at the presidency of George W. Bush, the War on Terror, and its coverage in the news media...
". - AT&TAT&TAT&T Inc. is an American multinational telecommunications corporation headquartered in Whitacre Tower, Dallas, Texas, United States. It is the largest provider of mobile telephony and fixed telephony in the United States, and is also a provider of broadband and subscription television services...
in its $47 billion acquisition by Cingular. - Time, Inc. in successful defense of a libel suit brought by a former bodyguard of MadonnaMadonna (entertainer)Madonna is an American singer-songwriter, actress and entrepreneur. Born in Bay City, Michigan, she moved to New York City in 1977 to pursue a career in modern dance. After performing in the music groups Breakfast Club and Emmy, she released her debut album in 1983...
over claims about him in her biography.
Guantanamo captive representation
A team of Bingham attorneys and staff, led by Susan Baker Manning and Sabin WillettSabin Willett
Peter Sabin Willett, known as Sabin Willett, is an American lawyer and novelist, a partner with the Boston law firm Bingham McCutchen, previously called Bingham Dana. He lives near Boston, Massachusetts...
, has represented pro bono a dozen Uighur men held in extrajudicial detention
Extrajudicial detention
Arbitrary or extrajudicial detention is the detention of individuals by a state, without ever laying formal charges against them.Although it has a long history of legitimate use in wartime , detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Guantanamo Bay detention camps, in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
.
Bingham has filed and extensively litigated numerous habeas corpus cases on behalf of their Uighur clients, as well as cases under the Detainee Treatment Act of 2005 that brought to light serious evidentiary and procedural flaws in the 2004-05 Combatant Status Review Tribunal
Combatant Status Review Tribunal
The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...
s that were used to justify the Uighurs' ongoing imprisonment. Thus far, six Bingham clients have been released: two to Albania and four to Bermuda.
Notable people
- Denise Jefferson CasperDenise Jefferson CasperDenise Jefferson Casper is a United States federal judge on the United States District Court for the District of Massachusetts. She was confirmed by the Senate on December 17, 2010 and her commission was signed by President Barack Obama on December 20, 2010...
(judge, United States District Court for the District of MassachusettsUnited States District Court for the District of MassachusettsThe United States District Court for the District of Massachusetts is the federal district court whose jurisdiction is the Commonwealth of Massachusetts, USA. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and until 1813 court session locations...
) - Christopher Cox (former Chairman, U.S. Securities and Exchange Commission)
- Barry GoodeBarry GoodeBarry P. Goode is a judge in Contra Costa County, California and a former federal judicial nominee to the U.S. Court of Appeals for the Ninth Circuit.-Early life and education:...
(retired from the firm in 2001 to join state government, and now is a Contra Costa County judge) - Thurgood Marshall, Jr.Thurgood Marshall, Jr.Thurgood Marshall, Jr. is an American lawyer and son of the late Supreme Court of the United States Justice Thurgood Marshall.Thurgood Marshall Jr. worked in the Clinton White House and is currently a partner at the international law firm Bingham McCutchen, LLP and a principal at its lobbying...
- Richard RiordanRichard RiordanRichard J. Riordan is a Republican politician from California, U.S.A. who served as the California Secretary for Education from 2003–2005 and as the 39th Mayor of Los Angeles, California from 1993–2001...
(former Mayor of Los AngelesMayor of Los Angeles, CaliforniaThe mayor of Los Angeles is the chief executive officer of the city. He is elected for a four-year term and limited to serving no more than two terms. Under the California Constitution, all judicial, school, county, and city offices, including those of chartered cities, are nonpartisan...
) - Josiah SpauldingJosiah SpauldingJosiah Augustus "Si" Spaulding was an American businessman, attorney, and politician.-Education and military service:...
- Sabin WillettSabin WillettPeter Sabin Willett, known as Sabin Willett, is an American lawyer and novelist, a partner with the Boston law firm Bingham McCutchen, previously called Bingham Dana. He lives near Boston, Massachusetts...
- Pete WilsonPete WilsonPeter Barton "Pete" Wilson is an American politician from California. Wilson, a Republican, served as the 36th Governor of California , the culmination of more than three decades in the public arena that included eight years as a United States Senator , eleven years as Mayor of San Diego and...
(former Governor of CaliforniaGovernor of CaliforniaThe Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
)
Recession Performance
Despite a deep recession which hurt law firms nationwide, the Boston Globe reported that Bingham performed very well financially. In 2009, Bingham's gross revenues increased 12% and profits per partner increased 2%. Chairman Jay Zimmerman was quoted as saying "We’ve had our best year ever."However, despite an increase in revenues and a "best year ever," Bingham froze salaries, and in March 2009 laid off 16 attorneys and 29 support staff. A firm-wide memo explained that the layoffs were necessary to protecting the jobs of the more than 2000 remaining employees, a claim that appears at odds with Bingham's unusually strong performance that year.
Offices
Boston East Palo AltoEast Palo Alto, California
East Palo Alto is a city in San Mateo County, California, United States.-Overview:As of the 2010 census, the population of East Palo Alto was 28,155. It is situated on the San Francisco Peninsula, roughly halfway between the cities of San Francisco and San Jose...
Hartford
Hartford, Connecticut
Hartford is the capital of the U.S. state of Connecticut. The seat of Hartford County until Connecticut disbanded county government in 1960, it is the second most populous city on New England's largest river, the Connecticut River. As of the 2010 Census, Hartford's population was 124,775, making...
Hong KongHong KongHong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
Los AngelesLos Angeles, CaliforniaLos Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...
LondonLondonLondon is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
New YorkNew York CityNew York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
Orange CountyOrange County, CaliforniaOrange County is a county in the U.S. state of California. Its county seat is Santa Ana. As of the 2010 census, its population was 3,010,232, up from 2,846,293 at the 2000 census, making it the third most populous county in California, behind Los Angeles County and San Diego County...
San FranciscoSan Francisco, CaliforniaSan Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
Santa MonicaSanta Monica, CaliforniaSanta Monica is a beachfront city in western Los Angeles County, California, US. Situated on Santa Monica Bay, it is surrounded on three sides by the city of Los Angeles — Pacific Palisades on the northwest, Brentwood on the north, West Los Angeles on the northeast, Mar Vista on the east, and...
TokyoTokyo, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
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....
Community service
Bingham McCutchen has made a fifteen-year commitment to provide pro bonoPro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
legal services to the Harlem Chapter of Say Yes to Education
Say Yes to Education
Say Yes to Education, Inc. is a U.S. non-profit organization that seeks to improve inner-city education. The main focus of Say Yes is to increase high school and college graduation rates by offering a range of support services to at-risk, economically disadvantaged youths and families, and by...
. Bingham attorneys extend their services to the family members of Say Yes students for the duration of the children's time in school.