Law Firm News

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Law Firm News

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Piper Rudnick, L.L.P.

DLA Piper aids Zambian government in moral victory
DLA Piper's litigation team led by Janet Legrand was successful in limiting the claim brought by a vulture fund, Donegal International, against the Government of the Republic of Zambia. The claim was reduced to $15.7 million from the $55 million that was originally demanded.

The decision of Mr Justice Andrew Smith follows the first announcement in February that Zambia would not be made to pay the $55 million claimed by Donegal after Zambia failed to make the necessary payments under the terms of a settlement agreement.

The judge has also reduced Donegal's claim for costs of £1.7 million by one-third because Donegal's key witnesses gave dishonest testimony that led to unnecessary work for Zambia's defence team.

Janet Legrand, litigation partner at DLA Piper, commented: "This is an important judgment for Zambia and other countries that find themselves in similar positions with their distressed sovereign debt. We and our client are delighted that Donegal's penal claim has been reduced by US$ 40 million as a result of our defence of the action."

On 4 May 2007 a judgment is due on the Government of Zambia's corruption claims against former Zambian President, Frederick Chiluba. DLA Piper are also the lead lawyers for the Government of Zambia in this action.

04-25-2007

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Piper Rudnick, L.L.P.

DLA Piper advises Bayerische Hypo und Vereinsbank AG (HVB) on the € 455 million bond financing of the Breeze Three wind farm portfolio
DLA Piper has advised Bayerische Hypo- und Vereinsbank AG (HVB), a member of UniCredit Group, on the purchase of 45 wind farms in Germany and France through Breeze Three Energy GmbH & Co. KG and the bond financing of such acquisitions through Breeze Finance SA.. The Breeze Three portfolio is made up of 206 wind turbines with a total capacity of approximately 350 megawatts.

The € 455 million bonds, comprised of three tranches, have been placed with institutional investors and are listed on the Luxembourg Stock Exchange. A new feature in comparison to the Breeze Two transaction is that the Class A bonds have been guaranteed by a monoliner - an insurance company specialising in the acquisition of financial risks.

Breeze Three is already the third placement of such renewable energy related bond issue in the capital markets. The Breeze series of bond issues is so far the only program in the European capital markets to provide institutional investors with the opportunity to access renewable energy related investments. In the future it is anticipated that the Breeze series, in addition to wind energy, will also provide access to investments in other forms of renewable energy such as solar and geothermal power and by sourcing funds from institutional investors will substantially contribute to climate protection.

Last year the renewable energy team around Dr Ulf Liebelt-Westphal joined DLA Piper from Luther Rechtsanwaltsgesellschaft where it has already advised the purchase of the Breeze Two and the NUON portfolios, two of the largest wind energy transactions in 2006.

The team at DLA Piper consisted of partners Dr. Ulf Liebelt-Westphal (Corporate, Hamburg, lead management) and Antje Günther (Finance & Projects, Cologne) and senior associates Jens Suhrbier (Corporate, Hamburg), Dr Corrado Wohlwend (Corporate), Alexander Zerbe (Corporate, both Frankfurt), Gabriela von Wietersheim (Finance & Projects, Cologne), Dr Flemming Moos (Technology, Media & Commercial, Hamburg), Dr Fabian Hinrichs (Real Estate, Cologne), Sascha Wilnat (Restructuring, Frankfurt) and Dr. Katharina Kraus (Corporate, Hamburg).

In regards to this transaction the German team was also supported by colleagues from our offices in London and Paris.

04-25-2007

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McDermott Will & Emery

Corporate Finance Practice Welcome Two Partners and Two Associates
The international law firm of McDermott Will & Emery announced today the addition of two partners and two associates who will be joining the Firm's corporate finance practice. Ronald Goldberg will join the Los Angeles office as a partner, Ed Christian will join the New York office as a partner, and associates Brian T. Daigle and Marc D. Rabinovitz will join the Los Angeles office.

"With the addition of Ron and his team our office has acquired a top-notch finance team with an international practice," commented Gordon Greenberg, head of the Firm's Los Angeles office. "Working closely with our existing 60+ lawyer finance practice, this team further develops our presence in both Los Angeles and New York," continued Timothy Alvino, head of the Firm's Corporate Department.

Mr. Goldberg has extensive experience in all aspects of transactional banking, finance, leasing and derivatives. His practice is focused on hedge and investment funds, foreign banks engaged in business in the United States and sophisticated international borrowers involved in complex multi-jurisdictional transactions. Over the last decade, he has served as counsel in numerous innovative financing and restructuring transactions.

Mr. Christian represents U.S. and international clients with both U.S. and cross-border financial activities involving private, syndicated, project, structured and rated transactions. His practice includes assisting clients in the aviation, energy, transportation and capital equipments sectors on complex and multi-currency financial transactions.

"Our team is excited to join McDermott's finance practice on both coasts," commented Mr. Goldberg. "The platform McDermott has to offer and its significant geographic reach is completely in tune with our clients' needs, making this move was an opportunity we could not afford to miss."

McDermott's Global Finance Practice Group represents U.S., UK, European, Japanese and other international commercial banks, institutional investors, investment banks, investment funds, corporate and special purpose borrowers and other financial institutions. Our finance and banking lawyers represent both lenders and borrowers.

Biographical Notes

Ronald Goldberg has detailed knowledge of transportation, finance and airline insolvency matters, as well as extensive experience in complex financing structures for hedge and private equity funds, financial derivatives, U.S. and cross-border equipment leasing and project finance, and financial transactions in Latin America. He has represented aircraft lessors and airlines; major U.S. and offshore hedge and private equity funds; U.S. money-center banks; and European and Asian banks doing business in the United States.

Mr. Goldberg has been actively involved in airline industry Chapter 11 proceedings on behalf of bank, secured and unsecured bondholder creditors, as well as hedge funds. He has represented numerous hedge funds in obtaining leverage for their portfolios, as well as trading activities involving swaps, repurchase facilities and other derivatives.

He also has experience representing governmental entities, corporate borrowers and high-net-worth individuals engaged in sophisticated financial activities including synthetic derivatives transactions and the issuance of domestic and offshore debt securities.

Mr. Goldberg earned his J.D., Order of the Coif, from New York University School of Law, his M.B.A., cum laude, from New York University and his A.B., cum laude, from Columbia University. He is fluent in Portuguese and Spanish, and he is admitted to practice in California and New York.

Ed Christian advises institutional, investment fund, investment bank, bondholder, capital market and banking clients with finance, investment, joint venture, and mergers and acquisitions-related transactions. He also has significant experience in insolvency matters, representing bondholders, investments funds, and other institutional and private investors and creditors in significant Chapter 11 reorganizations. In addition, he advises clients in formal and out-of-court restructurings involving evaluation, negotiation and the documentation of financial transactions.

In the energy finance area, he assists bondholders, financiers and sponsors on large energy construction, operation, and capital markets financing and acquisition transactions involving private, public and independent power producers.

Prior to law school, Mr. Christian served a Lieutenant and Naval Aviator in the U.S. Naval Reserve. He earned his J.D. from the University of Southern California Gould School of Law and his B.A. from the University of California at Los Angeles. He is admitted to practice in California and the District of Columbia.

Brian T. Daigle advises clients on transactional global finance matters. His practice is primarily focused on various secured and unsecured lending transactions. Mr. Daigle earned his J.D. from New York University School of Law in 2004 and his B.A. in economics from the University of Notre Dame in 2000. He is admitted to practice in California and New York.

Marc D. Rabinovitz works on all aspects of transactional global finance. He focuses primarily on both secured and unsecured lending transactions. Prior to private practice, Mr. Rabinovitz was a consultant providing research assistance to partners advising arbitrageurs on the likelihood of antitrust clearance of mergers and acquisitions subject to regulatory review by competition authorities in the United States and Europe. He earned his J.D., Order of the Coif, in 2005 from the University of Southern California Gould School of Law and his B.A. in economics from Johns Hopkins University in 2000.

04-25-2007

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Manatt, Phelps & Phillips, LLP

Manatt Government Practice Attorney, Senator Martha Escutia (Ret.) Honored By Judicial Council
Manatt, Phelps & Phillips, LLP, the national law and consulting firm, announced today that attorney Senator Martha Escutia (Ret.) will be honored by the California Judicial Council for her role in bringing landmark reforms to the state's judicial system. Senator Escutia, who is currently a member of Manatt's Government & Regulatory Policy Division and a former member of the California State Assembly and California State Senate, has been advocating for reforms to the judicial court system with an emphasis on greater access. As a result of her efforts, funding and responsibility for trial court operations have shifted from California counties to the state. Senator Escutia also successfully led the effort to bring full employment status to trial court interpreters. She is also author of the Court Facilities and Construction Act, and the Family Law In Pro Per Information System.

Senator Escutia will be presented with the award on April 26, 2007, at a dinner to be hosted by the Judicial Council in San Francisco.

“Because of Ms. Escutia's leadership, the Legislature approved landmark reforms,” said William C. Vickrey, Administrative Director of the Courts. “Without Ms. Escutia's commitment to critical access issues and without her leadership, I am confident that these successes would not have happened.”

“Martha Escutia is an absolute gem,” said George Kieffer, National Chair of the Government & Regulatory Policy Division. “Not only is she a terrific lawyer but she has a commitment to the judicial process that is without question. She brings both deep knowledge and sensitivity to our practice and we couldn't be more proud that she's our partner.”

During her tenure in the Legislature, Senator Escutia held key leadership positions, including Chair of the Senate Health and Human Services Committee as a freshman senator, the first Latina Chair of the Senate Judiciary Committee, the first woman Chair of the Assembly Judiciary Committee, and Chair of the California Legislative Women's Caucus. Senator Escutia served as Chair of the Senate Committee on Energy, Utilities and Communications and was the first woman Chair of the 27-member-strong California Latino Legislative Caucus.

Senator Escutia has consistently fought for the rights of consumers and children. She has championed universal healthcare for children and is recognized as a major force in creating the Healthy Families Program. As a well-known advocate in the fight against childhood obesity, she authored legislation establishing the strongest school food nutrition and beverage standards in the country.

04-25-2007

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Jenner & Block LLP

Entertainment and New Media Practice Featured in Counsel to Counsel Magazine
"Jenner & Block’s Entertainment & New Media practice and its recent court successes on behalf of copyright holders was recently the subject of a feature story in Counsel to Counsel.

The April 2007 article quoted Thomas J. Perrelli, managing partner of the D.C. office and co-chair of the Entertainment and New Media Practice, as saying that “the latest court decisions are defining the balance between what is fair to copyright owners and what will preserve the creativity that is at the heart of the new media industry.”

Steven B. Fabrizio, co-chair of the practice, told Counsel to Counsel that recent court cases, many of them pursued by Jenner & Block on behalf of its clients, say clearly that “business models that exploit others’ copyrighted material will no longer be able to hide behind the form of any particular technology.”

The feature article discussed the firm’s 2005 Supreme Court victory in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., which held that the Grokster file-sharing service can be liable for copyright infringement because it induced the massive infringement of copyrighted songs, movies, and other creative works that its software facilitated.

The article also pointed out that Grokster is “the beginning, not the end of litigation concerning copyright infringement over the Internet” and that copyright owners “continue to seek to enforce their rights against those who exploit copyrighted works without a license or who exceed the bounds of their licenses.”

The article quoted Perrelli as saying, “At bottom, if copyright owners cannot protect what they own, what really does ownership mean?”

Last year, according to the article, Fabrizio worked with the firm’s clients to achieve what is believed to be the largest copyright infringement settlement in history, resolving a long-standing litigation against the operators of Kazaa, a file-trading network.

Counsel to Counsel is distributed as a supplement to Inside Counsel, a Chicago-based monthly. It is published by LexisNexis Martindale Hubbell."

04-25-2007

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Jenner & Block LLP

Jenner & Block Secures Unanimous Victory Before Missouri Supreme Court
"Jenner & Block Partners Barry Sullivan and Gabrielle Sigel recently secured a unanimous victory before the Missouri Supreme Court. City of Bridgeton v. Missouri-American Water Company, No. SC 87744 (April 17, 2007).

Representing the City of Bridgeton, Missouri, Jenner & Block argued that it was up to the City to determine whether road-building projects were necessary for public necessity and safety, and that the City’s determination of public necessity and safety could not be second-guessed by the courts or others affected by the project.

As a result, the City can use private funding for public projects and still require the water company to abide by existing agreements and common law duties to pay for the relocation of their facilities. Mr. Sullivan and Ms. Sigel secured this victory in the Supreme Court after the City had lost in both courts below, and despite the water company's assertion that Missouri case law was dispositive in its favor.

Mr. Sullivan is Co-Chair of the Firm’s Appellate and Supreme Court Practice and Ms. Sigel is Co-Chair of the Firm's Climate and Clean Technology Law Practice and a member of the Firm’s Environmental, Energy and Natural Resources Law Practice."

04-25-2007

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Jenner & Block LLP

Sullivan Judges Regional Semi-Finals of ACS National Moot Court Competition
"Jenner & Block Partner Barry Sullivan recently served as a judge in the regional semi-final rounds of the American Constitution Society’s Second Annual Constance Baker Motley National Moot Court Competition in Constitutional Law. Held at the University of Chicago Law School, the competition highlighted timely constitutional issues regarding the intersection of the freedom of the press, national security, and federal criminal law.

Mr. Sullivan, Co-Chair of the Firm’s Appellate and Supreme Court Practice and former dean of Washington and Lee University Law School, joined a distinguished panel of moot court judges including Seventh Circuit Judges Richard D. Cudahy and Diane P. Wood, and ACS Executive Director Lisa Brown (who judged the final round), and Cook County Circuit Court Judge Peter Flynn, Illinois Appellate Judge Mary Jane Theis and Illinois Solicitor General Gary Feinerman, who also judged the semi-final round.

Law student teams presented the judges with arguments in a mock case involving two distinct First Amendment issues arising in the context of the government’s interest in protecting national security. The first involved an attempt by the U.S. government to prevent a newspaper from publishing a series of articles describing a National Security Agency program of internet surveillance undertaken to prevent terrorist attacks on the United States. The second issue involved an attempt to prosecute the newspaper and its editors under the Espionage Act of 1917 after it published one of the articles.

The winning regional teams will compete for the national championship in July at the ACS National Convention in Washington, D.C.

The Constance Baker Motley National Moot Court Competition is named for the late Judge Constance Baker Motley, a civil rights activist who was both the first woman and the first African-American woman to serve as Chief Judge in the federal judiciary."

04-25-2007

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