Arnold & Porter Kaye Scholer LLP

Recognition by Clients and Peer Law Firms

• Recent surveys have consistently recognized Kaye Scholer as having one of the country's leading IT, outsourcing and transactional IP practices. In surveys of clients and peer attorneys conducted in each year from 2003 to 2008 by Chambers USA and Chambers Global, legal research firms, Kaye Scholer received a high ranking in the category for law firms, and the firm's practice chair, William A. Tanenbaum, was highly ranked in the category for individual attorneys. The technology agreement and outsourcing practice is handled by Kaye Scholer's specialty Technology, Intellectual Property & Outsourcing Group.
   
• According to Chambers, Mr. Tanenbaum has built "one of New York City's most outstanding transactional IT law practices."
   
• Chambers found that Kaye Scholer has a "highly talented team" that has "secured a number of important deals of late" and is "a player in technology transactions."
   
• Chambers concluded that "an interesting mix of [specialties] makes Kaye Scholer a popular group for many clients. The pharmaceutical industry has proved the most fertile of pastures for the [outsourcing practices of the] group.... [C]lients [are] drawn by the strength of the team's IP counsel and specifically the niche it has carved out in global data security matters. The group's pedigree in a variety of outsourcing transactions is another major string in its bow and has also attracted many financial institution clients."
   
• Chambers identified practice chair WilliamA. Tanenbaum as "an internationally recognized intellectual property, technology and outsourcing lawyer" and as a "leading light" with "household names" in his client roster. Clients "highlight his IP expertise, but commend his ‘command of the whole deal.'" Chambers named him as a "Leading Individual", awarded him "Recommended" ratings in Technology and IT Outsourcing, and selected him as a "Notable Practitioner" at the national level in Outsourcing. It found that he handles a "wide variety of complex matters, often at the leading edge of technology," and concluded he is "thorough and experienced," "an effective negotiator," "good at communicating with clients," "focuses on important issues" and "has the ability to put technical legal issues in language our business people can understand."
   
• Kaye Scholer's practice includes the representation of leading technology vendors and service providers. It provides transactional, strategic intellectual property and litigation services.
   
• Kaye Scholer is a law firm leader in Green IT and Green Outsourcing. Its lawyers are knowledgeable about the EPA's EPEAT certification program and the Department of Energy's "Save Energy Now" and "Data Center Energy Profiler" programs, and other metrics and tools for improving the energy and technology efficiency of data centers and corporate IT infrastructure.
   
• Kaye Scholer lawyers are innovators in developing cost-saving techniques for developing contracting methodologies to bring contract negotiations to conclusion in a time and cost-effective manner. They have also lead in the creation of private sector agreements to reduce power consumption and emissions in outsourcing and technology service agreements. They provide leadership in coordinating data center re-engineering with the development of corporate carbon-neutral and environmental sustainability policies and the execution of global carbon credit trading programs to implement such policies. The firm has experience in using real-time data and managing data life-cycles as a means of saving clients time and money and energy costs without changing the underlying technology.

 Types of Outsourcing Handled by Kaye Scholer

• Kaye Scholer handles the following types of outsourcing, among others: outsourcing transactions for major financial institutions; IT (including ADM, virtualization, new application development, existing application enhancement system design and application migration); managed services; HRO; business process outsourcing; outsourcing manufacturing (including OEM, contract manufacturing, built-to-order, EMS and ODM); supply chain and procurement outsourcing; IP and innovation intensive business transformation outsourcing; data mining and management; and R&D, knowledge process and Green Technology outsourcing.

Distinguishing Factors of Kaye Scholer's Practice

• Kaye Scholer's IT, Outsourcing and Transactional IP practice is distinguished by: the depth of its expertise in negotiating IT and outsourcing contracts and in privacy and data management; the membership of true intellectual property and technology lawyers in the Technology, Intellectual Property & Outsourcing Group, many of whom have MBAs or engineering degrees as well as legal degrees, can read and write code, and have advanced substantive knowledge of new technologies at a technical level; the firm's overseas offices; the Group's experience with regulations and exchange rules applicable to IT and outsourcing in the financial services industry and with Green Technology standards and protocols; and the Group's work on over-the-horizon technology and knowledge of new IT and outsourcing business models. The firm also has a working relationship with an Indian law firm specializing in outsourcing in order to secure local legal services on a cost-effective basis.
   
• One of the partners in the Group is a Certified Information System Security Professional (CISSP), which reflects Kaye Scholer's strength in security and encryption.
   
• The firm is regularly retained as special IP, information management and/or Green Technology counsel. The firm's IP lawyers successfully address the problems of defining and protecting innovations in technology outsourcing transactions, particularly where improvements result from the collaborative provider and customer activities. Kaye Scholer assists clients in strategically using IP and IT to increase market share.

Why Clients Choose Kaye Scholer

• Clients regularly retain Kaye Scholer because of its years of experience in IT, outsourcing and technology transactions; the efficiency with which it works; its reasonable legal fees; its technical knowledge of IT; the depth of its IP experience; its ability to isolate and focus on the important issues; the practical business intelligence it brings to analyzing and closing deals; its ability to look over the horizon and address emerging issues; and its demonstrated ability to develop creative solutions to a client's business problems.

For example, the firm:

• drafts technology and outsourcing agreements to be used as an "early warning system" to assist executives in identifying and solving problems at an early stage;
   
• drafts SLAs and SOWs first to define contract scope and avoid the expense of re-writes of the master services agreement;
   
• combines force majeure and disaster recovery provisions;
   
• drives data protection down to the data level (protecting data only at the firewall is like building a fortress but ignoring the doors through which the data flows);
   
• implements data life cycle policies to enhance data mining and data protection;
   
• recommends benchmarking against best-of-breed companies;
   
• recommends the appointment of Data Managers and Energy Managers as well as Project Managers;
   
• recommends the prompt adoption of energy-reducing practices that have pay-back periods of less than 2 years and the creation of strategic plans and SLAs to implement technologies with longer pay-back periods;
   
• to expedite contract negotiation, establishes secure data rooms to provide service providers and customers with the information about the operational phase of technology arrangements in order to allow each side to better assess risks and better price the deal;
   
• has ongoing experience managing the risks of open-source software and creating corporate policies for data privacy and the sharing and transfer of data; and
   
• has practical experience in the competitive intelligence aspects of technology and outsourcing transactions.
   
• The firm's practice is headquartered in New York and operates with teams of lawyers from Kaye Scholer's Chicago, Frankfurt, London, Los Angeles, Shanghai and Washington offices. Kaye Scholer co-sponsors a series of IT and outsourcing seminars.

Kaye Scholer's Flexible Work Styles with In-House Counsel and Consultants

• Kaye Scholer tailors its method of working with in-house counsel to meet specific client needs. In many cases, the firm handles all of the legal work in outsourcing deals from the RFP stage to final contract negotiation. In other cases, the firm shares the legal work with in-house counsel and provides on-demand services at strategic points in the process, including resolution and post-contract disputes. Kaye Scholer has a reputation for working well with consultants and for working efficiently and on budget. The firm works collaboratively as part of a team and puts its clients' interests first. The team is readily available to clients and prides itself on its ability to be a partner with clients and to expeditiously assist in handling unexpected developments.

Professional Recognition Given Kaye Scholer's Practice Chair William A. Tanenbaum

• Mr.Tanenbaum is the founder and co-chair of a leading annual outsourcing law conference and of an annual green technology conference, and is invited as a repeat speaker at Sourcing Interests Group and other industry conferences on various topics, including outsourcing, green IT, data security, privacy, IP rights and contract issues.
   
• His expertise and leadership in outsourcing were recognized when he was selected as the neutral arbitrator to resolve a $30 million outsourcing dispute. In addition, PLI sponsors a monthly seminar series featuring lectures by Mr.Tanenbaum.
   
• He is the past president of the International Technology Law Association (formerly the Computer Law Association).

Kaye Scholer is committed to fostering diversity in a positive and supportive work environment. We firmly believe that a diverse group of lawyers, including differences in race, ethnicity, gender, sexual orientation, disability, religion or any other underrepresented status in the legal community, increases the value of our law firm, strengthens our firm's ability to attract talented individuals, and enhances our ability to retain and serve our clients.

Our commitment to cultivate and maintain a diverse workforce remains at the core of our recruiting, retention and promotion efforts as we strive to maintain a firm culture that taps into the potential of every Kaye Scholer employee.

The Diversity and Recruiting Committees work together, recruiting at job fairs such as the BLSA Northeast Job Fair and the DuPont Minority Job Fair. We conduct on-campus interviews at law schools, and we actively seek out diverse candidates at every school. Kaye Scholer is an original signatory to the Statement of Goals of New York Law Firms and Corporate Legal Departments for Increasing Minority Hiring, Retention and Promotion, and we have surpassed the goals in each of the years of their existence. We are also an original signatory to the Statement of Goals of New York Law Firms and Corporate Legal Departments for the Retention and Promotion of Women, and we have participated in the City Bar Fellowship Program since its inception.

Kaye Scholer was the recipient of the 2006 "Black Entertainment and Sports Lawyers Association Law Firm Diversity Award" at the 26th Annual Conference of the Black Entertainment and Sports Lawyers Association (BESLA). The "Conference Chairs' Welcome," published in the "Conference Journal" distributed to all attendees, said about Kaye Scholer: "Our Law Firm Diversity Award recipient this year is the law firm of Kaye Scholer, LLP. With offices from New York to Shanghai, and points in between, this firm has made significant contributions to the entertainment legal community. We acknowledge Kaye Scholer for being a consistent supporter of BESLA and its programs, a corporate sponsor of BESLA's conferences, and for its continuous efforts in the areas of diversification by recruiting and hiring qualified minority professionals, including in particular, members of this organization."

Our partners' commitment to diversity extends beyond the firm. Sheila Boston, a partner in Kaye Scholer's Litigation Department, was named the Chair of the Committee on Recruitment and Retention of Lawyers, a committee devoted to enhance diversity in the profession at the Association of the Bar of the City of New York. This special committee is charged with encouraging the hiring, retention and promotion of professionals from all walks of life in New York law firms and corporate legal departments. All of us at Kaye Scholer take great pride in her appointment, and we pledge our full support to the work of her committee in this important area.

Last year Kaye Scholer entered into a partnership with the Bronx School for Law, Government and Justice. Kaye Scholer attorneys have coached the school's mock trial team in a state competition, conducted a mock labor negotiation with the students, and judged several moot court competitions at the school. Next year we will initiate a mentor program.

Other organizations in which our partners are involved include the Asian American Bar Association of New York, Committee 504 (Minorities and Women in the Profession) of the ABA's Intellectual Property Law Section, Legal Momentum, The Women's Legal Defense & Education Fund, Inwood House, Just One Break, National Association of Women Lawyers (NAWL), American Bar Association's Section of Litigation's Women In Products Liability (WIPL), National Hispanic Bar Association, and Black Entertainment and Sports Lawyers Association (BESLA).

We are proud to have received several awards recognizing our commitment to offering equal employment opportunities to all.

Diversity Statement from Managing Partner

At Kaye Scholer LLP we are proud of our commitment to diversity and equal opportunity. We work actively to foster an inclusive work environment, support minority-owned vendors and enrich our firm's culture through our diversity and inclusion initiatives for lawyers and staff.

The firm's commitment to diversity and equal opportunity is reflected in its mission to attract, retain, and advance a diverse group of lawyers and staff. Kaye Scholer is home to individuals from varied cultural, educational, religious and ethnic backgrounds, making it a vibrant and engaging community. We strongly believe that promoting diversity in background and perspective strengthens our entire firm.

At Kaye Scholer, we recognize that diversity among our professionals is a necessity if we are to best serve the needs of our increasingly diverse clientele. Kaye Scholer enthusiastically supports programs designed to ensure that our own makeup adequately reflects the growing ranks of diversity in business today. Our commitment begins early, when we urge summer associates to meet with more senior lawyers to develop enduring mentoring relationships. Our affinity group programs continue to support our attorneys as they develop in their careers. Kaye Scholer has an active Diversity Committee consisting of approximately thirty attorneys of all levels of seniority, including partners, counsel, senior attorneys and associates. Working through various subcommittees, the members of the Diversity Committee assist in attracting and hiring a diverse class of attorneys, promote community-building, and provide training as well as host events that promote awareness of diversity issues.

We at Kaye Scholer are committed to fostering and maintaining an inclusive work environment where individual differences among us are respected, valued and recognized as a source of strength of the firm. We believe that offering diverse perspectives to our clients enhances our counsel and sparks intellectual energy within the firm.

Barry Willner
Managing Partner

Diversity Training

All Kaye Scholer lawyers participate in the Firm's mandatory diversity training program. Diversity training sessions are composed of a combination of partners, counsel and associates from various departments in the Firm. Through discussion, videos and case studies, the program enables participants to gain insight into the different viewpoints and workplace challenges of both their peers and others.

Mentoring Program

In 2008, the Firm rolled out a revised mentoring program designed to assist associates' career development and enhance their experience at the Firm. Highlights of the program are:

• all associates are paired with mentors for a period of at least two years at a time
• associates are encouraged to select rather than be assigned mentors
• virtually all mentor/mentee communications are confidential

In addition, there are four Program Coordinators who monitor the mentoring relationships to ensure that mentors and mentees are meeting in a timely fashion, to ensure that the mentor-mentee pairings are appropriate and to evaluate the extent to which the program is functioning successfully.

Ombuds Program

Recently, the Diversity Committee established an Ombuds Program, a confidential resource for all attorneys. The Ombuds Representatives are neutral confidants who advocate not for a specific individual, but for equity, fair process and compliance with firm policy and procedure. The program was established with a special emphasis on issues concerning women, minorities, sexual orientation and religion. The Ombuds Representatives are available, however, to assist all attorneys in resolving work-related concerns in an informal, confidential and impartial manner. The primary goal of the program is to improve the overall working environment at Kaye Scholer.

Affinity Groups

The Firm recognizes the importance of active affinity groups for lawyers who share common interests or backgrounds. With the Firm's support, our attorneys have voluntarily formed African American, Latino, Asian, Women and Lesbian, Gay, Bisexual and Transgender (LGBT) affinity groups. Participation in these affinity groups accelerates professional development, provides additional mentoring opportunities and increases networking opportunities. 

Diversity Events

Kaye Scholer is a proud participant and sponsor of a wide range of programs that celebrate and promote diversity in the legal community. The Firm's Diversity Committee believes that exposure to diverse speakers and points of view promotes professional development and growth. The Committee has hosted several speakers, panel discussions and movie nights. Recent speakers include Clarence B. Jones, a speech writer and attorney for Martin Luther King Jr., as well as lawyers from the NAACP Legal Defense Fund, the Puerto Rican Legal Defense and Education Fund (PRLDEF), the Asian American Legal Defense and Education Fund (AALDEF) and from Lambda Legal.

Movie nights have become a tradition at the Firm. The Diversity Committee arranges screenings of thought-provoking films such as "Crash" and "The Namesake." The movie is followed by a lively and stimulating discussion of the diversity and community issues that the film addresses.