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Published on 6/5/2013 in the Prospect News Investment Grade Daily.

Davis Polk takes lead position as counsel to high-grade underwriters for year to date, May

By Andrea Heisinger

New York, June 5 - Davis Polk & Wardwell LLP was the top underwriter's counsel for investment-grade bonds year to date in the U.S. market, according to data compiled by Prospect News.

Simpson Thacher & Bartlett LLP was second for the U.S. market as a whole.

For issuer's counsel, use of an in-house attorney ranked first, but Sullivan & Cromwell LLP placed first among all issuers year to date and for the month of May when external law firms were used.

Davis Polk was the top legal adviser for underwriters for the U.S. investment-grade market for May.

The situation is similar for advisers to issuers. More than 18% of deals relied on in-house expertise.

The tables cover investment-grade bond deals offered in the United States via a registration with the Securities and Exchange Commission or under Rule 144A. The identity of legal advisers was not available for all deals.

Underwriter's counsel, U.S. market, year to date

2012 Comparables

Underwriter's counselAmountNo.ShareRankAmountNo.Share
1Davis Polk & Wardwell LLP55.5968411.43%156.8977713.70%
2Simpson Thacher & Bartlett LLP53.1265710.93%332.591367.85%
3Sullivan & Cromwell LLP37.654187.74%245.2214110.89%
4Sidley Austin LLP32.148506.61%428.283406.81%
5Cleary Gottlieb Steen & Hamilton LLP27.964335.75%621.978235.29%
6Cravath Swaine & Moore LLP27.492265.65%716.477163.97%
7Shearman & Sterling LLP12.468222.57%522.372295.39%
8Cahill Gordon & Reindel LLP10.307152.12%108.429112.03%
9O'Melveny & Myers LLP8.653181.78%98.517142.05%
10Hunton & Williams LLP7.049181.45%182.89380.70%
Total486.259627415.159500
Underwriter's counsel, U.S. market, May
2012 Comparables
Underwriter's counselAmountNo.ShareRankAmountNo.Share
1Davis Polk & Wardwell LLP20.9812721.67%117.1732621.61%
2Sullivan & Cromwell LLP8.98079.27%214.9761218.84%
3Simpson Thacher & Bartlett LLP7.714117.97%47.55679.51%
4Cleary Gottlieb Steen & Hamilton LLP6.32576.53%56.98178.78%
5Cravath Swaine & Moore LLP5.32875.50%120.74920.94%
6Sidley Austin LLP4.16484.30%38.764911.03%
7Shearman & Sterling LLP3.33763.45%
8O'Melveny & Myers LLP2.09732.17%72.73633.44%
9Hunton & Williams LLP1.74741.80%82.49373.14%
10Pillsbury Winthrop Shaw Pittman LLP1.67451.73%150.37510.47%
Total96.83913379.48899
Issuer's counsel, U.S. market, year to date
2012 Comparables
Issuer's counselAmountNo.ShareRankAmountNo.Share
1In house88.91515918.29%193.58414822.54%
2Sullivan & Cromwell LLP31.283426.43%232.075327.73%
3Davis Polk & Wardwell LLP23.626284.86%412.052242.90%
4Simpson Thacher & Bartlett LLP20.712224.26%105.98341.44%
5Hogan Lovells US LLP19.624154.04%510.259112.47%
6Cravath Swaine & Moore LLP15.629113.21%124.83551.16%
7Skadden Arps Slate Meagher & Flom LLP8.278181.70%313.157193.17%
8Jones Day7.309131.50%114.85181.17%
9Andrews Kurth LLP7.23661.49%311.49330.36%
10Linklaters LLP5.96751.23%222.48850.60%
Total486.259627415.159500
Issuer's counsel, U.S. market, May
2012 Comparables
Issuer's counselAmountNo.ShareRankAmountNo.Share
1In house24.2334625.02%111.5072314.48%
2Sullivan & Cromwell LLP8.22398.49%44.73265.95%
3Cravath Swaine & Moore LLP6.16746.39%
4Simpson Thacher & Bartlett LLP4.19664.33%
5Skadden Arps Slate Meagher & Flom LLP3.99294.12%62.48633.13%
6Davis Polk & Wardwell LLP3.78343.91%141.37541.73%
7Wilmer Cutler Pickering Hale and Dorr LLP1.99132.06%200.99221.25%
8McCarthy Tétrault LLP1.50011.55%
9King & Spaulding LLP1.09621.13%
10Hengeler Mueller Partnerschaft von Rechtsanwälten1.00011.03%
Total96.83913379.48899
Prospect News Investment Grade 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.

• Convertibles, trust preferreds and preferred stock are excluded.

• Emerging markets offerings are excluded.

• Minimum $75 million deal size.

• Deals rated investment grade by either Standard & Poor's or Moody's Investors Service are included.

• 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. For multiple firms, the total value is divided equally.

• Units made up of a bond and a warrant are included; other units are excluded.

• Sovereign issues are excluded.

• Each tranche is counted as a separate deal.

• Passthroughs, collateral trust and equipment trust certificates are included.

• Remarketings are excluded.


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