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Published on 11/3/2011 in the Prospect News Convertibles Daily.

Davis Polk is top legal counsel to convertible underwriters for the year to date

By Rebecca Melvin

New York, Nov. 3 - Davis Polk & Wardell LLP, an international law firm based in New York, was the No. 1 legal counsel to convertibles underwriters for the year to date through October, facilitating $5.64 billion in issuance in 22 deals, for a 23% share of the total, according to data compiled by Prospect News.

Debevoise & Plimpton LLC, another prominent international firm with New York headquarters, was the No. 2 legal counsel to convertibles underwriters, with $3.32 billion, or 14% of the total for the year to date, in one deal.

Simpson Thacher & Bartlett LLP ranked third for a 9% share of total issuance, or $2.26 billion in nine deals.

Latham & Watkins LLC and Cleary Gottleib Steen & Hamilton LLC rounded out the remaining top five legal firms providing counsel to convertibles underwriters, with $2.08 billion and $1.98 billion, respectively.

Among top legal counsel to the convertible issuers was Dewey & LeBoeuf LLC, Jones Day, Wilson Sonsini Goodrich & Rosati and Lathan & Watkins LLC.

Details on the legal counsel of all new issues for the year to date weren't available to Prospect News. In all, there have been 78 convertibles deals, totaling $24.7 billion of new issuance for 2011 through October, compared to 77 deals totaling $32.7 billion for the same period of 2010.

Year to date, U.S. market

Underwriter's counsel Amount Number Share

1Davis Polk & Wardwell LLP5.6432223.25%
2Debevoise & Plimpton LLP3.315113.66%
3Simpson Thacher & Bartlett LLP 2.25699.29%
4Latham & Watkins LLP2.07778.56%
5Cleary Gottlieb Steen & Hamilton LLP 1.98148.16%
6Locke Lord Bissell & Liddell LLP 0.55012.27%
7Ropes & Gray LLP0.54422.24%
8Fried Frank Harris Shriver & Jacobson LLP 0.45631.88%
9Sullivan & Cromwell LLP0.35011.44%
10Gibson Dunn & Crutcher LLP0.23010.95%
Total24.27077
Year to date, U.S. market
2010 comparables
Issuer's counselAmount NumberShareRank Amount NumberShare
1Dewey & LeBoeuf LLP3.315113.66%
2Jones Day1.52036.26%51.36534.29%
3Wilson Sonsini Goodrich & Rosati 1.45546.00%
4Latham & Watkins LLP1.15564.76%80.69012.17%
5Simpson Thacher & Bartlett LLP 1.06424.38%21.55024.88%
6Skadden Arps Slate Meagher & Flom LLP 0.88933.66%
7Davis Polk & Wardwell LLP0.78023.22%210.32321.01%
8Shumaker Loop & Kendrick LLP 0.71912.96%
9Sidley Austin LLP0.67022.76%
10Shearman & Sterling LLP0.63212.61%
Total24.2707731.79375
Prospect News Convertibles Counsel Rankings
Criteria

• The tables include all underwritten dollar-denominated offerings sold in the United States as public or Rule 144A deals reported to Prospect News.

• Offerings are included in the time period in which they price.

• Amounts are based on the total sales price (face amount multiplied by the offering price). The full amount is credited to the issuer's counsel or underwriter's counsel.

• Each tranche is counted as a separate deal.

• Bonds are included that convert into the issuer's or another company's stock or the cash equivalent; bonds that convert into other bonds are excluded.

• Structured products are excluded.

• Preferred issues are included using the same criteria as for bonds.


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