Firm News - Troutman Pepper Locke

This past weekend, we witnessed yet another shocking example of hate-fueled violence, this time directed toward the LGBTQ+ community. A gunman’s attack that killed at least five people and wounded many other patrons attending a Drag Divas event at an LGBTQ+ nightclub in Colorado Springs this past Saturday night, on the eve of Transgender Remembrance Day, is but another horrific reminder that prejudice and violence persist in our society.

Troutman Pepper condemns all forms of prejudice and violence. We will continue to steadfastly promote a culture of inclusion and belonging, both within our firm and within our communities, and we will use our influence in our communities in an effort to help prevent future atrocities of this type from happening again.

To our LGBTQ+ clients, colleagues, and friends, please know that the firm values you, is here for you, and stands with you. The terrifying events that the world witnessed two days ago are the symptom of a disease that affects us all, and we stand firm in our belief that prejudice and anti-LGBTQ+ behavior have no place in our country. While many of us cannot fully appreciate the pain, fear, and anger that the LGBTQ+ community has long endured, we know the terrifying events of this past weekend added to it.

At Troutman Pepper, we will continue to lead by example, call out discrimination and social injustice when we encounter it, and seek out opportunities to enact real and lasting change.

NEW YORK – Troutman Pepper’s Chief Client Experience Officer, Dan Pulka, has been shortlisted in the Most Innovative Intrapreneur category for The Financial Times’ 2022 Innovative Lawyers Awards North America. The category recognizes intrapreneurs who have helped their firms change “culture, behaviors, processes, and adapt to be more relevant to their people and clients.”

At Troutman Pepper, Pulka has professionalized client-centric service and value by focusing on understanding and addressing client needs. Since spearheading the creation of the firm’s Client Experience Department, Pulka has worked with teams across the firm to establish two champion programs that reinforce Troutman Pepper’s service-first approach. Under his leadership, the firm has launched an internal service program, Solve to Serve, and a market-leading client value program, Troutman Pepper Plus.

The Troutman Pepper Plus program is also up for a Financial Times award in the Innovation in Client Delivery category. Additionally, the firm’s MobileOne app designed to improve employee experiences and work efficiencies is a finalist in the Innovation in People and Skills Management category.

The annual Financial Times Innovative Lawyers Awards North America report is developed by Financial Times in partnership with RSGi Consulting. Winners are selected following a nomination cycle and extensive research that includes telephone interviews, questionnaires, and reviews. Market experts are also called in to assess the submissions and research.

Winners will be announced at a Dec. 5 awards dinner at Gotham Hall in New York.

About Troutman Pepper
Troutman Pepper is a national law firm with more than 1,200 attorneys strategically located in 23 U.S. cities. The firm’s litigation, transactional, and regulatory practices advise a diverse client base, from start-ups to multinational enterprises. The firm provides sophisticated legal solutions to clients’ most pressing business challenges, with depth across industry sectors, including energy, financial services, health sciences, insurance, and private equity, among others. Learn more at troutman.com.

DETROIT – Troutman Pepper recently secured asylum on behalf of a pro bono client fleeing political persecution in Côte d’Ivoire, a country in west Africa. After suffering severe physical harm as a result of his work on election in 2018, the client made the difficult decision to leave his country and seek asylum in the United States.

Following a difficult three-year journey and detention period in a Louisiana prison on arrival, the Southern Poverty Law Center referred him to Troutman Pepper. Anthony Vale, a fellow with The Pepper Center for Public Service, succeeded in getting the client released from detention so he could stay with extended family in Salt Lake City.

In early 2022, Troutman Pepper Associate Armeen Mistry Shroff signed on to the matter and helped to transfer the case from the immigration court in New Orleans to Salt Lake City to begin the asylum process. With the assistance of two Penn Law students, Shroff prepared and filed the client’s asylum application.

“It was an honor to help our client win asylum after what he endured in his home country,” Shroff said. “It truly takes a village. We could not have obtained this result without the client’s supportive family, our Penn Law students, our summer associates, our local counsel, and many others here at Troutman Pepper.”

As with many migrants, the client’s journey to the United States was not easy. He traveled through several countries in South and Central America and his trip was prolonged due to COVID-19 lockdowns. As a result of the border closures, he waited in Mexico until 2021 before crossing into the United States where he was immediately apprehended and detained.

To address any potential arguments that the client’s time in Mexico made him ineligible for asylum in the United States, Vincent Gianino conducted thorough research on the requirements for obtaining permanent residency in Mexico, and the team connected with local counsel in Mexico City to better understand the process.

To bolster the asylum application, the team filed supplemental information including supporting declarations, an expert report from a professor in Africana studies presenting the Ivorian government’s recorded actions against its political opponents, and voluminous exhibits to support his claim. Shroff also filed a strong pre-hearing brief to demonstrate the client’s eligibility for asylum.

To prepare the supporting declarations, the team needed to connect with the client’s family and friends back home in Côte d’Ivoire. To overcome the language barrier, Shroff enlisted the help of Troutman Pepper’s bilingual summer associates, Linnea Kelly and Bella Roman, to conduct the interviews and prepare declarations entirely in French. As the hearing approached, Marine Eninger, a French intern with the firm, assisted with preparing the client for his in-person testimony.

On October 27, Shroff, with support from Leonor Perretta, an experienced immigration lawyer in Salt Lake, represented the client before an immigration judge. After a brief cross examination from opposing counsel for the Department of Homeland Security, the immigration judge granted the application in open court. The client now has the right to claim derivative asylum for his wife and son who remain in Côte d’Ivoire.

“Applying for asylum requires a lot of work to develop evidence to support the claim. Armeen Shroff did a great job getting that evidence,” Vale said. “I am grateful to be a part of a firm that places an emphasis on pro bono work and proud to serve as a mentor through The Pepper Center to younger attorneys as they take on these difficult cases.”

The Pepper Center for Public Service, among other volunteer efforts, provides free and effective legal representation to help immigrants obtain or protect their legal status. Each year, Troutman Pepper attorneys dedicate thousands of pro bono hours in support of nonprofits, immigrants, military veterans, children, the wrongfully convicted, civil rights and social justice initiatives, and so many other causes. Learn more at troutman.com/pro-bono.

NEW YORK – Troutman Pepper advised in over 100 capital markets transactions during the first three quarters of 2022 with an overall deal value of over $17.5 billion. Transactions spanned across the United States with a notable concentration in Canadian cross-border deals. The firm was the top U.S.-based firm ranked in five categories.

“Despite market uncertainties and waning global debt capital markets activity, Troutman Pepper continued to help clients navigate a slew of capital-raising transactions as shown in the first nine months league tables,” said Partner Tom Rose.

Thomson Reuters/Refinitiv – Global Capital Markets Legal Review First Nine Months 2022

Canada Equity & Equity-related (CAL4) Manager Legal Advisor
#8 ranked firm (#1 U.S.-based firm)

Canada Equity & Equity-related (CAL4) Issuer Legal Advisor
#3 ranked firm (#1 U.S.-based firm)

Global Equity & Equity-related (G08) Issuer Legal Advisor
#22 ranked firm

US Equity and Equity-related (AB2) Issuer Legal Advisor
#16 ranked firm

Bloomberg Global Legal Adviser League Tables – First 3Q 2022

Canada Equity Offerings: Legal Adviser – Issuer Ranked by Deal Count
#2 ranked firm (#1 U.S.-based firm)

Canada Equity & Equity Linked: Legal Adviser – Issuer Ranked by Deal Count
#3 ranked firm (#1 U.S.-based firm)

Canada Equity, Equity Linked & Preferred: Legal Adviser – Issuer Ranked by Deal Count
#3 ranked firm (#1 U.S.-based firm)

Clients turn to Troutman Pepper for comprehensive, global counsel on investment and operational activities and decisions. The firm handles the gamut of equity and debt transactions, from IPOs and first-time listings to investment-grade debt offerings to equity-linked and preferred and hybrid securities. Troutman Pepper advises on all phases of capital market deals, including structuring and governance; timing and tax planning; negotiating underwriting or purchase agreements, trust indentures, and other documents; preparing registration statements and prospectus/offering circulars; and regulatory and corporate law.

Troutman Pepper’s Canadian Practice Group represents Canadian companies with respect to their U.S. legal needs. The Canadian Practice Group includes lawyers with experience in the areas of securities and corporate finance; mergers and acquisitions; energy regulation; energy trading; intellectual property; immigration; tax; government contracts; and complex litigation. The team regularly acts as counsel on U.S. public and private equity and debt offerings for Canadian issuers, Canadian and U.S. underwriters or agents and Canadian and U.S. investors, including assisting Canadian companies with U.S. exchange listings and U.S. periodic reporting obligations.

NEW YORK – The Financial Times (FT) has shortlisted two Troutman Pepper initiatives for its 2022 Innovative Lawyers Awards North America. The firm’s client listening and value program, Troutman Pepper Plus, is up for an award in the Innovation in Client Delivery category, and its MobileOne app designed to improve employee experiences and work efficiencies is a finalist in the Innovation in People and Skills Management category.

Innovation in Client Delivery Finalist – Troutman Pepper Plus
Troutman Pepper Plus aims to connect clients with additional resources, create innovative solutions, and provide key insights to deliver efficiency and build stronger relationships. It combines the services of attorneys and skilled professionals across the firm to provide clients with tailored solutions in areas like client experience, innovation, diversity, pricing, legal project management, pro bono, and more.

Innovation in People and Skills Management Finalist – MobileOne
The firm’s MobileOne app was developed in-house and seeks to improve the employee experience by providing critical information all in one place for users. Standout features include those designed to facilitate face-to-face connections and professional development opportunities. Individuals, practices, and knowledge professionals use geolocation to “check in” and to identify who is in the office at any given time.

The annual FT Innovative Lawyers Awards North America report is developed by FT in partnership with RSGi Consulting. Winners are selected following a nomination cycle and extensive research that includes telephone interviews, questionnaires, and reviews. Market experts are also called in to assess the submissions and research.

Winners will be announced at a Dec. 5 awards dinner at Gotham Hall in New York.

PHILADELPHIA – R. Zachary Torres-Fowler, a partner in Troutman Pepper’s nationally recognized Construction Practice Group, has been selected by The Legal Intelligencer to serve on its new Young Lawyer Editorial Board. Torres-Fowler is among 21 board members who will “stake out positions and shine a light on the most consequential issues facing young lawyers today” as part of his role on the new editorial board.

Torres-Fowler has a decade of experience advising clients in connection with construction-related disputes and specializes in complex domestic and international arbitration proceedings. He has counseled clients in connection with construction and infrastructure projects in the U.S., Africa, the Middle East, and Latin America, and has significant experience representing owners, contractors, and suppliers/subcontractors in connection with disputes involving power plants, airports, commercial buildings, and other civil infrastructure works. Torres-Fowler is also an adjunct professor at Charles Widger School of Law at Villanova University where he teaches courses on international commercial arbitration.

Earlier this year, Torres-Fowler was selected by the International Bar Association to serve in a leadership role on the International Construction Projects (ICP) Committee. The ICP Committee functions as a forum for those specializing or interested in all aspects of international construction projects from inception to completion, including project development, financing, contract issues, engineering, design, construction, claims, and disputes. Torres-Fowler is also a regional director for the Society of Construction Law North America for the Philadelphia region and a Global Advisory Board member of the International Centre for Dispute Resolution (ICDR) Young & International organization.

Troutman Pepper’s Construction Practice Group counsels clients on some of the largest, most sophisticated construction projects in the world and is among the leading firms in total number of complex disputes tried and won in federal and state courts nationwide and arbitration forums domestic and international. The practice has been nationally recognized by Chambers and Partners, U.S. News: Best Lawyers “Best Law Firms,” and local publications across the country and was named among Law360’s 2021 Practice Groups of the Year.

DETROIT – Troutman Pepper client AAVIN Equity Advisors recently announced the closing of AAVIN Capital III, L.P. (AAVIN III) with total capital commitments of $63 million and a license to operate as a Small Business Investment Company (SBIC). Troutman Pepper served as fund counsel in the transaction. Read a company press release about the closing.

Based in Cedar Rapids, AAVIN Equity Advisors is a lower middle-market private equity firm focused on founder or family-led buyout and recap transactions. AAVIN III is the company’s 13th private fund and 8th SBIC license. The fund will invest in U.S.-based lower-middle-market companies with less than $50 million in revenue.

The Troutman Pepper team advising AAVIN through the fund formation and SBIC licensing process was led by Michael Temple and included Jackson Buday, Thomas Phelan, and Dawn Hall.

Troutman Pepper’s national SBIC practice regularly provides cost-effective solutions for SBICs in fund formation, licensing, regulatory matters, and investment activities. As one of the oldest and largest SBIC practices in the United States, the team works closely with the Small Business Investor Alliance (SBIA) and the Small Business Administration (SBA) to constantly improve program policies that the firm helped to create decades ago.

RICHMOND, Va. — With the help of attorneys from Troutman Pepper’s public records team and co-counsel David DePippo from Dominion Energy, FBI Special Agent Jim Rudisill, a U.S. Army veteran, has filed a Freedom of Information Act (FOIA) lawsuit against the U.S. Department of Veterans Affairs (VA) in the U.S. District Court for the Eastern District of Virginia.

The lawsuit will force the VA to disclose the full scope of its denying more than 1.7 million post-9/11-era veterans billions of dollars of educational benefits. Since 2015, Rudisill has been successfully battling the VA to grant him full entitlement to Post-9/11 GI Bill benefits based on his nearly eight years of qualifying service. This is notwithstanding the VA’s process of limiting veterans’ entitlement to Post-9/11 GI Bill benefits based on their use of benefits under a separate program, the Montgomery GI Bill.

“Under the FOIA, the VA has a clear legal duty to either produce the requested records or assert that a statutory exemption prevents their disclosure,” said Abbey Thornhill, Troutman Pepper associate and lead co-counsel in Rudisill’s FOIA suit. “The VA’s response has been complete silence. It has failed to produce any documents in response to Special Agent Rudisill’s request and has not provided any reasons for its failure to do so.”

“Oral argument before the en banc U.S. Court of Appeals for the Federal Circuit confirmed what we’ve always said: the government recognizes there are veterans who are separately entitled to benefits under two separate GI Bill programs,” said Timothy McHugh, Troutman Pepper associate and co-counsel on the case. “Yet the government cannot identify any part of the statutory scheme that suggests Congress intended to deny veterans the benefits they earned through their service. If Congress intends to do that, it must say so clearly.”

With the help of Partner Stephen Piepgrass, head of the firm’s Regulatory, Investigations, Strategy + Enforcement Group and Associate Trey Smith, McHugh, Thornhill, and DePippo hope to obtain valuable information to aid Special Agent Rudisill’s ongoing benefits litigation.

Case highlights:

Rudisill served three periods of active military service between 2000 and 2011. He applied for education benefits under the Montgomery GI Bill, receiving 25 months and 14 days of the 36 months of benefits available under that program.

After his final stint in the Army, Rudisill applied for education benefits under the Post-9/11 GI Bill, which also provides 36 months of benefits and has a 48-month combined limit of benefits for veterans who have had multiple terms of service and use benefits under multiple programs.

The VA claimed Rudisill was only entitled to the remaining 10 months and 16 days of the time allotted by the Montgomery GI Bill.

The U.S. Court of Appeals for Veterans Claims determined that Rudisill wasn’t limited to the 36 months given by the Montgomery GI Bill because he also qualified for later benefits under the Post-9/11 GI Bill.

The U.S. Court of Appeals for the Federal Circuit Judges Pauline Newman, Timothy B. Dyk, and Jimmie V. Reyna heard arguments in the case in December 2020. The panel issued an opinion affirming the U.S. Court of Appeals for Veterans Claims’ decision in July 2021.

The full U.S. Court of Appeals for the Federal Circuit heard arguments on the case on Thursday, October 6, 2022. Their decision is expected in the first quarter of 2023.

ATLANTA – Brett Tarver, an associate in Troutman Pepper’s Health Sciences Litigation Practice Group, has been appointed to serve as the Chair of the DRI Young Lawyers Committee for 2022-2023.

DRI is the largest international membership organization of attorneys defending the interests of business and individuals in civil litigation. The organization has served the defense bar for more than 50 years and provides access to resources and tools for attorneys who strive to provide high-quality, balanced, and excellent service to their clients and corporations.

Since 2013, Tarver has been a DRI member and has been highly involved with its Young Lawyers Steering Committee, which comprises lawyers who practice across every substantive area within the defense bar and provides professional development, CLE programs, and networking opportunities. Tarver previously served as the Young Lawyers Committee’s Second Vice Chair from 2020-2021 and Vice Chair from 2021 – 2022. She is also an active member and serves on the Steering Committee of the DRI Drug and Medical Device Committee.

At Troutman Pepper, Tarver defends primarily pharmaceutical and medical device companies in litigation involving mass tort, personal injury, and wrongful death claims in state and federal courts across the United States. She has experience in all aspects of discovery, trial preparation, and trial practice including taking and defending depositions, motions practice, witness preparation, trial strategy development, and witness examinations at trial. She has experience serving as trial counsel in trials across the U.S., from California to Massachusetts to the U.S. Virgin Islands.

NEW YORK – The 2023 U.S. News – Best Lawyers® “Best Law Firms” report has named Troutman Pepper the “Law Firm of the Year” in Energy Law. Only one law firm is awarded “Law Firm of the Year” in each of the 75 nationally eligible practice areas. Rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in the ﬁeld, and review of relevant law firm data.

Troutman Pepper has counseled energy clients for nearly a century. Of the firm’s 1,200 attorneys nationwide, more than 150 practice in the energy sector, including renewable, conventional, and emerging technologies serving clients day-in and day-out across all facets of the regulatory, project finance, corporate, tax, environmental, and real estate needs of its clients, offering strategic business and legal counselling to guide clients through the unique and complex challenges that face the energy industry.

“It has been a banner year for our national energy team,” said Amie Colby, a partner in the firm’s Energy Practice Group and chair of its Regulatory and Finance Department. “We are proud of the work our clients are doing to power the country and world into a future that envisions a global net zero energy platform.”

The firm is a preeminent member of the highly specialized Federal Energy Regulatory Commission (FERC) bar. Its FERC practice is well-known for its expertise representing electric, natural gas, and hydropower clients on the industry’s most pressing issues. The firm’s Renewable Energy practice also is nationally recognized and is at the forefront of the rapidly evolving renewable energy industry with noted expertise in renewable energy financing for investors, lenders, and sponsors. Troutman Pepper also notably has a premier state energy regulatory practice that represents a number of utilities before state public service commissions in every type of proceeding and advises clients on business strategies to positively affect their operations and transactions.

Law360 named Troutman Pepper a 2021 “Energy Practice Group of the Year.” More recently, Chambers USA ranked the firm among the top practices nationally for Energy: Electricity (Regulatory & Litigation) and Projects: Renewables & Alternative Energy. Troutman Pepper also has achieved national recognition for its energy work in The Legal 500 and IFLR1000, among other industry authorities.

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Energy

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Health Care + Life Sciences

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Emerge

The Pepper Center

Energy

Financial Services

Health Care + Life Sciences

Insurance + Reinsurance

Private Equity

Real Estate

Innovation

plus

Pro Bono

Alumni Network

Emerge

The Pepper Center

Learn + Connect

BLOG, Microsite + Podcast HUB

ACHIEVEMENTS

Smarter in your world deeper in your sector

Energy

Financial Services

Health Care + Life Sciences

Insurance + Reinsurance

Private Equity

Real Estate

Innovation

plus

Pro Bono

Alumni Network

Emerge

The Pepper Center

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