Five New and Returning Partners Join Skadden

Insights – June 2021

Former IRS Official and APMA Program Team Leader David Farhat Joins Skadden – March 17, 2021

Skadden is pleased to announce that David Farhat has joined the firm’s Washington, D.C. office as a partner in the Tax Group. Most recently, Mr. Farhat served as a partner at a global accounting firm focusing on transfer pricing issues, and he has experience in all phases of international tax planning and dispute resolution, including in the context of the IRS’ Advance Pricing and Mutual Agreement (APMA) program. He has advised some of the largest U.S. and international companies in mitigating their most complex multijurisdictional tax issues.

Mr. Farhat worked at the IRS for nearly a decade (2006-15) in increasingly senior positions within its Large Business and International Division, handling transfer pricing issues involving the United States’ most significant treaty partners. He last served as APMA team leader, developing and negotiating bilateral and multilateral advance pricing agreements and mutual agreement procedures, including with the U.K., France, Japan, Canada and Switzerland.

In the private sector, Mr. Farhat assisted clients in resolving contentious and complex transfer pricing disputes in various jurisdictions outside the U.S., including in the U.K., Japan, India, Canada and Australia. Through this work he built deep relationships with tax authorities both in the U.S. and abroad. He also provided international tax advice in treaty processes to resolve double taxation and tax jurisdiction disputes.

“We are thrilled to welcome David to Skadden,” said Raj Madan, leader of Skaddens Washington, D.C. Tax Group. “His extensive experience in APMA issues will enhance our broader tax planning and controversy offerings, and extend to clients a full range of services to navigate their most challenging tax issues.”

“I am excited to join Skaddens global Tax Group and increase the depth of its transfer pricing practice,” Mr. Farhat said. “It’s an honor to be joining a distinguished group of attorneys, many of whom have previously served in high-level government positions, to provide a comprehensive approach to each client matter.”

Mr. Farhat received his J.D. from Syracuse University College of Law, his L.L.M. in taxation from Georgetown University and his B.A. from Syracuse University.

The National Law Journal highlighted the firms addition of Mr. Farhat in an article titled “Skadden’s Hire Signals Growing Focus on Tax Area Important to Multinational Companies” (May 17, 2021).

Senior USTR Official Joseph Barloon Rejoins Skadden – March 1, 2021

Skadden is pleased to announce that Joseph L. Barloon, who was most recently general counsel to the United States trade representative (USTR) and acting deputy USTR, has rejoined the firm as a partner in the Washington, D.C. office. Mr. Barloon will return to Skadden’s litigation practice and will represent financial services companies and other clients in federal and state regulatory, civil and criminal enforcement matters; advise clients on regulatory compliance; and counsel companies impacted by government international trade policy and actions.

As USTR general counsel from 2019-21, Mr. Barloon led U.S. enforcement actions against China, India, France and numerous other countries and was responsible for litigation on behalf of the United States at the World Trade Organization in cases involving the European Union, Germany, the United Kingdom, Spain, Korea and other trading partners. In addition, he was the chief U.S. counsel for adoption and implementation of numerous trade agreements, including the United States-Mexico-Canada Agreement. Mr. Barloon also served as the acting deputy USTR from 2020-21, with responsibility for all international trade matters involving China, including implementation of the Economic and Trade Agreement Between the United States of America and the People’s Republic of China.

Throughout his career at Skadden, Mr. Barloon represented a broad variety of clients, including numerous financial institutions, in state and federal litigation and enforcement. He has particularly in-depth experience in administrative law and procedure and laws governing consumer financial services. In addition to representing clients in litigation and other adversarial proceedings, Mr. Barloon conducted internal investigations, provided compliance advice to financial institutions and assisted with due diligence for financial services transactions. He appeared in state and federal courts across the country and helped resolve a number of high-profile complex litigation and enforcement matters.

“We are thrilled that Joe is rejoining Skadden, especially at a time of heightened state and federal enforcement activity and litigation,” said Anand S. Raman, leader of Skadden’s consumer financial services practice. “The breadth of his experience will be of huge value to our clients.”

“I’m looking forward to being back at Skadden,” Mr. Barloon said. “I am excited to share my experience representing the United States in complex matters of significant consequence, and I look forward to helping firm clients navigate what will be a very challenging enforcement environment.”

Mr. Barloon has been recognized regularly by Chambers USA: America’s Leading Lawyers for Business in the areas of financial services regulation and consumer litigation. He first joined Skadden in 1997 as an associate and was elevated to partner in 2007. Prior to joining Skadden, he clerked for Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit.

Mr. Barloon received his J.D. from Georgetown University Law Center, where he graduated summa cum laude, his M.A. in English from the University of Pennsylvania and his B.A. from Harvard University.

The National Law Journal highlighted Mr. Barloon’s return to Skadden in an article titled “Under Skadden’s ‘Strategic Refresh’ in DC, US Trade Representative GC Returns to Firm” (March 1, 2021).

Skadden Adds Corporate Partner Cody Carper in Houston – January 28, 2021

Skadden is pleased to announce that Cody Carper has joined the firm’s corporate practice as a partner in its Houston office. Mr. Carper’s practice focuses on complex energy and infrastructure transactions, including representing private equity sponsors and management teams in acquisitions and divestitures of upstream and midstream oil and gas assets, energy financings and equity joint venture transactions. He regularly advises both investors and operators in drilling partnerships and other joint development arrangements. Prior to joining Skadden, Mr. Carper was a partner in the Houston office of another global law firm, primarily advising on transactions in the energy sector.

Having previously served as the assistant general counsel for a large privately held oil and gas company, Mr. Carper gained extensive experience in operational issues such as land, marketing and drilling, that arise regularly in the oil and gas sector.

Mr. Carper’s recent notable representations include advising Colony Capital in its joint ventures between Colony HB2 Energy and California Resources Corporation; Contango Oil & Gas in its joint development agreement with Juneau Oil & Gas, LLC; Bayou City Energy in several drilling partnerships, including with Chaparral Energy, Inc.; and Samson Resources II, LLC in the sale of all of its Powder River Basin assets.

“Cody has a stellar reputation in the oil and gas sector, coupled with deep experience and superb transactional skills,” said Houston office leader Frank Bayouth. “Working with Cody on complex transactions, we have seen his ability to develop and execute creative deal strategies firsthand, and have been impressed by his business acumen and collaborative style.”

“We are thrilled to add Cody to Skadden’s corporate and energy teams,” said Lance Brasher, global head of Skadden’s Energy and Infrastructure Group. “His extensive experience in the energy industry, both locally and nationally, will be of tremendous value to our clients.”

“As energy and infrastructure transactions continue to become increasingly complex and global, Skadden’s platform offers unparalleled access to resources in key markets,” said Mr. Carper. “Having worked across the table from Skadden lawyers, I’m thrilled to join such an impressive group and look forward to practicing alongside them and advising clients on their evolving needs.”

Mr. Carper has been recognized in Chambers USA, The Legal 500 and IFLR1000. A graduate of South Texas College of Law, he earned his undergraduate degree from the University of Texas at Austin.

Former Senior SEC Official Raquel Fox Joins Skadden in Washington, DC – January 21, 2021

Skadden is pleased to announce that Raquel Fox, a former member of the senior staff of the U.S. Securities and Exchange Commission (SEC), has joined the firm as a partner in its Washington, D.C. office. Ms. Fox is a member of the firm’s SEC reporting and compliance practice and will assist clients on a full range of securities, capital markets, mergers and acquisitions, corporate governance and other SEC-related matters.

While at the SEC, Ms. Fox held a number of senior positions and handled many of the agency's most high-profile policies and issues. Most recently, she was the director of the SEC’s Office of International Affairs, where she coordinated the SEC’s interaction with international securities regulators and led the office’s involvement in cross-border investigations, enforcement actions and securities examinations. In this position, Ms. Fox was integrally involved in developing the SEC staff’s views regarding certain disclosure considerations for China-based issuers, a key part of the Holding Foreign Companies Accountable Act, which was passed by the House of Representatives in December 2020. She also oversaw the SEC's strategy for addressing changes in international data privacy rules and the impact of Brexit and the LIBOR transition on U.S. markets.

Prior to this position, Ms. Fox served as a senior adviser to SEC Chairman Jay Clayton, assisting with complex legal, regulatory, policy and international matters, including serving as the lead adviser on disclosure reform and capital markets-related rulemakings, and provided counsel on enforcement matters and disqualification waivers. She also was a senior special counsel to two directors of the Division of Corporation Finance, advising on all significant policy and legal issues, including disclosure reviews, rulemakings, enforcement referrals, disqualification waivers and shareholder proposals. Earlier in her career at the SEC, Ms. Fox served on the staff of the Division ’s Offices of Capital Market Trends and Rulemaking.

“Raquel is an outstanding addition to our practice and firm,” said Brian V. Breheny, leader of Skadden’s SEC reporting and compliance practice. “She is a highly skilled and respected lawyer with extensive experience both at the SEC and from her prior time in private practice. Raquel will be an excellent resource for our clients globally. ”

“I am excited to join such an established and recognized team at Skadden and look forward to being a part of the continued expansion of the SEC practice,” said Ms. Fox.

Earlier in her career, Ms. Fox worked for seven years at another global law firm and, prior to law school, at an accounting firm. A graduate of Baylor University with an undergraduate degree in accounting and a master’s degree in taxation, Ms. Fox received her J.D. from Harvard Law School. She also is a certified public accountant.

The National Law Journal highlighted Skadden’s addition of Ms. Fox in an article titled “SEC International Affairs Leader Heads to Skadden” (January 21, 2021).

Skadden Launches Supreme Court and Appellate Litigation Group  With the Addition of Shay Dvoretzky in Its DC Office – November 23, 2020

Skadden is pleased to announce that U.S. Supreme Court and appellate advocate Shay Dvoretzky is joining the firm’s Washington, D.C. office as a partner. Mr. Dvoretzky, who is launching Skadden’s Supreme Court and Appellate Litigation Group, will represent clients in a range of appellate matters in federal and state courts. He has argued 12 cases in the Supreme Court (and will argue another later this Term), as well as dozens more in appellate courts nationwide.

In 2019, The American Lawyer named Mr. Dvoretzky a “Litigator of the Year,” remarking that he “has paved his way through the U.S. Supreme Court and federal courts of appeals with numerous unanimous wins.” The American Lawyer discussed the victory he secured before the Supreme Court in Merck v. Albrecht, in which he persuaded the Court to hold that a judge, not a jury, should assess a federal preemption defense, and should do so using ordinary, not heightened, legal standards. Mr. Dvoretzky’s other recent Supreme Court wins include convincing the Court to hold that international arbitration agreements under the New York Convention should be treated on an equal footing with domestic ones under the Federal Arbitration Act (GE Energy v. Outokumpu) and to reject a presumption applying the discovery rule to federal statutes of limitation (Rotkiske v. Klemm). For these and other successes, Mr. Dvoretzky was selected two years running as a Law360 Appellate MVP, in 2019 and 2020.

“Shay Dvoretzky is recognized as among an elite group of Supreme Court advocates and as one of the top litigators for high-stakes cases in appellate courts across the country,” said David M. Zornow, global head of Skadden’s litigation/controversy practices. “He is the perfect individual to launch and lead Skadden’s Supreme Court and Appellate Litigation Group.”

“Shay is an exceptional practitioner whose intellect and advocacy skills will be a valuable addition to our litigation capabilities, as clients increasingly hire firms that can take a case from inception all the way to the Supreme Court,” said Jennifer Bragg, head of Skadden’s Washington, D.C. litigation practice.

“Skadden is known for its preeminent litigation practices, and I am thrilled to join such an innovative firm to develop a Supreme Court and Appellate Litigation Group on its global platform,” said Mr. Dvoretzky.

Mr. Dvoretzky previously was a partner in the appellate practice at another global law firm. He clerked for Justice Antonin Scalia of the U.S. Supreme Court and for Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit. He is a Fellow of the American Academy of Appellate Lawyers and a member of the American Law Institute, the Edward Coke Appellate Inn of Court, and the U.S. Chamber of Commerce’s Administrative Law & Regulatory Litigation Committee. He has been ranked in Chambers USA, recognized as a “leading lawyer” by Legal 500, and named a “Litigation Trailblazer” and included in the “Appellate Hot List” by The National Law Journal. He also has an active pro bono practice.

Mr. Dvoretzky is a graduate of Yale Law School and Yale College.

The National Law Journal featured Skadden’s addition of Mr. Dvoretzky in an article titled “Skadden Snags Shay Dvoretzky From Jones Day to Lead New SCOTUS Practice” (November 23, 2020).