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Published on 4/4/2012 in the Prospect News Convertibles Daily.

Latham & Watkins top legal counsel to underwriters of convertible bonds for year to date

By Rebecca Melvin

New York, April 4 - Latham & Watkins LLP remained the top legal counsel to the underwriters of convertible bonds for the year to date, with the global law firm accounting for $1.45 billion in issuance, or 41% of the total amount.

That was up from Latham's $620 million in issuance, or 17.5%, of the total for the year to date through March and up from $764 million for the first three months of 2011, which represented 5.5% of the total for that period, according to data compiled by Prospect News.

Cleary Gottlieb Steen & Hamilton LLP took second in the rankings of legal counsel to convertible underwriters, with the firm participating in $690 million of issuance, or 19.5% of the total.

New York-based Davis Polk & Wardwell LLP took third place with $562 million of issuance, accounting for 16% of the total, and Morrison & Foerster LLP ranked fourth, accounting for $200 million of convertibles issuance, or 6% of the total.

Baker Botts LLP, Fried Frank Harris Shriver & Jacobson LLP, and Cahill Gordon & Reindel LLP rounded out the remaining top seven firms that represented convertibles underwriters in new issuance.

International law firm Sullivan & Cromwell LLP was the top legal counsel to issuers for the year to date, with $995 million of issuance, accounting for 28% of the total. That was up from $287 million, or 2% of the total, for the same period of 2011.

Wyrick Robbins Yates & Ponton LLP was the second ranking legal counsel to issuers for the year to date with $620 million of issuance, or 19.5% of total volume of issuance under its guidance

It was followed by Vinson & Elkins LLP and Cooley LLP in third and fourth place, with $300 million or 8.5%, and $225 million, or 6.4%, respectively.

Details on the legal counsel of all new issues weren't available to Prospect News. Total issuance for the year to date is $3.54 billion in 12 deals, which is down from $14.01 billion in 37 deals for the same period of 2011.

U.S. market, year to date

2011 Comparables

Underwriter's counselAmountNo.ShareRankAmountNo.Share
1Latham & Watkins LLP1.451541.03%60.76425.45%
2Cleary Gottlieb Steen & Hamilton LLP0.690119.52%31.667211.90%
3Davis Polk & Wardwell LLP0.562315.91%41.431910.21%
4Morrison & Foerster LLP0.20015.66%
5Baker Botts LLP0.15014.24%
6Fried Frank Harris Shriver & Jacobson LLP0.12713.58%80.54633.90%
7Cahill Gordon & Reindel LLP0.04311.22%
Total3.5351214.01337
U.S. market, year to date
2011 Comparables
Issuer's counselAmountNo.ShareRankAmountNo.Share
1Sullivan & Cromwell LLP0.995128.15%90.2871.0002.05%
2Wyrick Robbins Yates & Ponton LLP0.690119.52%
3Vinson & Elkins LLP0.30018.49%
4Cooley LLP0.22516.36%
5O'Melveny & Myers LLP0.20015.66%
6Sidley Austin LLP0.12713.58%60.55013.92%
7DLA Piper LLP0.12513.54%
7Skadden Arps Slate Meagher & Flom LLP0.12513.54%110.17211.23%
9Moss & Barnett0.10012.83%
9Locke Lord LLP0.10012.83%
Total3.5351214.01337
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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