Law Firm News

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Law Firm News

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White & Case, LLP

Near Total Recovery in Adelphia's Bankruptcy Proceedings
Adelphia Communications Corporation and its affiliated debtor subsidiaries completed distributions to creditors pursuant to its Modified Fifth Amended Joint Chapter 11 Plan this February, after what has been described as one of the most complex Chapter 11 bankruptcy proceedings in United States history.

White & Case was retained by the Ad Hoc Committee of Arahova Noteholders, one of the principal unsecured creditor constituencies in the case, in the spring of 2005, after various positions taken by the debtors and other creditor constituencies threatened to materially reduce Arahova creditor recoveries from full par plus accrued interest to mere cents on the dollar.

"The case involved potential shifting of billions of dollars of value around the corporate enterprise," said Miami-based partner Thomas E Lauria, chairman of the Firm's Global Financial Restructuring and Insolvency Group. "More than $2 billion of creditor recoveries were at stake for Arahova creditors. Together with the Ad Hoc Committee, our work was instrumental in negotiating a global settlement between and among a majority of all creditor constituencies fragmented throughout the entire Adelphia capital structure."

What ensued was nearly two years of intense, contentious litigation over the bona fides of Adelphia's general ledgers. With billions of dollars of creditor recoveries at stake, certain major parties finally agreed on a term sheet resolving the inter-debtor disputes and, importantly, providing for near payment in full for Arahova creditors. Under the prior plans of reorganization proposed by the Debtors and pursuant to the May 2005 schedules, the default distribution for Arahova creditors had been in the low 20 cents on the dollar. Instead, as a direct result of White & Case's efforts, Arahova stakeholders were positioned to receive a nearly full recovery — an approximate $2 billion improvement in recoveries on a class basis.

White & Case then took the lead role in developing the plan and structuring the Ad Hoc Committee's recovery, which included cash, stock and certificated litigation trust interests, freely tradable on a national exchange, in one of the largest litigation trust vehicles ever created in a Chapter 11 case.

Capping off more than 21 months of White & Case's involvement on behalf of the Ad Hoc Committee — including 11 weeks of trial in the winter of 2006 and weekly court-ordered settlement negotiations throughout the summer of 2006, the bankruptcy court confirmed the plan and endorsed the settlement, granting a nearly full recovery to the Arahova Noteholders.

Along with partner Thomas E Lauria, the White & Case team was led by New York partners J. Christopher Shore and Gerard Uzzi. In New York, the team comprised partners Wayne Cross, Robert Milne, Michael Gallagher, Jack Pace, James Hayden and Colin Diamond, and associates Meghan McCurdy, David Ernst, John Chung, Douglas Baumstein, Averie Hason, Victoria Kennedy, Raj Gandesha, Victoria Oswald, Kendra Goldenberg and Jessica Marchand. In Miami, associates Richard Kebrdle, Kevin McGill, Fernando Menendez and Lane Begy also advised the committee.

White & Case has taken a lead role in a number of major US bankruptcy proceedings, including the completion of a three-year restructuring of one of the world's largest energy trading companies, Mirant Corporation, in which the Firm acted as debtors' counsel; advising on the cross-border restructuring of Corporación Durango, the largest papermaker in Mexico; representing hedge fund Appaloosa Management in connection with being the principal equity investor for the proposed restructuring of Delphi, one of the largest manufacturing restructurings in US history; and representing French governmental agency CDR Creances as mortgagee and judgment creditor, in the successful prosecution of an involuntary bankruptcy petition against the owner of the Flatotel building in Manhattan.

04-24-2007

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Thelen, Reid, Brown, Raysman & Steiner, LLP

Thelen Named 2007 Global Construction Law Firm of the Year
Thelen Reid Brown Raysman & Steiner LLP has been named the 2007 “Global Construction Law Firm of the Year” by Who’s Who Legal.

The annual “Law Firm of the Year” awards are determined based on nominations made by clients of the firm and fellow professionals. Only the most exceptional performance receives this distinction in each of 27 practice areas.

“For many years, our firm has been recognized as having the ‘preeminent Construction Law Practice in the United States,’” said Thelen Construction Chair John Heisse. “This distinction shows that the industry is aware of our continued growth and now sees us as a global leader.”

In 2006, for the fourth year in a row, Chambers USA ranked Thelen as the number one Construction practice in the U.S., noting that the firm "preserves its position as outright leader, along with its renowned vigor on both national and international fronts in the construction, infrastructure, and engineering arenas."

In recent years, Thelen has expanded its international operations considerably, including a joint-venture with UK-based Pinsent-Masons to handle global construction and infrastructure projects under the banner of Masons Thelen Reid LLP. (Who’s Who awarded Pinsent-Masons the Global Construction Law Firm of the Year for 2006.) Last August, Thelen also opened its first overseas office in Shanghai, which has since grown to 13 attorneys, and, in February, the firm opened an office in London.

Thelen has a long history of providing legal services to clients in the construction industry, dating back to the 1930s, when it represented the predecessors of the Bechtel companies and the Kaiser interests in building the Hoover Dam. Since then, the firm has continued to play a central role in the construction and financing of such major infrastructure projects as the Golden Gate and San Francisco-Oakland Bay Bridges; the Bonneville, Shasta, and Grand Coulee Dams; the Trans-Alaska Pipeline, Eurotunnel, and numerous other power plants, factories, transportation systems, airports, pipelines, government projects, and landmark buildings.

Recent representations have included the Aguaytia gas complex and Lima Airport in Peru, the Dabhol Power Project in India, a light-water nuclear power plant and high-speed rail line in South Korea; and the Motorola Chip Factory and Meixhou Wan Power Plant in China.

04-24-2007

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Stinson, Morrison & Hecker, L.L.P.

Court T. Kennedy and Joshua A. Pollak Join Stinson Morrison Hecker LLP
Stinson Morrison Hecker LLP welcomes Court T. Kennedy and Joshua A. Pollak to its Wichita office.

Kennedy joined as a Business Litigation associate. Previously he served as a research attorney for the Honorable Nancy L. Caplinger of the Kansas Court of Appeals. Kennedy earned his juris doctorate from the Washburn University in 2005 and a bachelor's degree in criminal justice from Washburn in 2002. During law school, he served as the staff member and research editor for the Washburn Law Journal.

Pollak joined as an associate in the General Business Division. Previously, he practiced with another Wichita firm, focusing on real estate transactions, mergers and acquisitions, and the structure and formation of business entities. In addition, Pollak is an adjunct business law instructor in the Business Management program of Friends University and lectures on contract law and related topics. He earned his juris doctorate from the Tulane University in 2002 and a bachelor's degree in political science from the University of North Carolina at Charlotte in 1999.

04-24-2007

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Schiff Hardin LLP

SCHIFF HARDIN LLP WELCOMES BARBARA STAMAN WOLFF AS A STAFF ATTORNEY IN THE CHICAGO OFFICE
Schiff Hardin LLP has added Barbara Staman Wolff as a staff attorney in the Chicago office. Ms. Staman joins the firm from the U.S. Bankruptcy Court for the Northern District of Illinois, where she was a judicial clerk to the Honorable Eugene R. Wedoff, Chief Judge, from 2004 to 2006.

At Schiff Hardin, Ms. Wolff will handle professional responsibility and liability issues, including conflicts screenings of new clients and matters. She serves as a member of the Professional Practice Committee.

Earlier in her career, Ms. Wolff rose from the positions of associate and counsel to partner from 1987 to 2003 at Shartsis Friese LLP in San Francisco. She was a litigator who represented businesses in local, national and international disputes. This included substantial work in the area of conflicts and ethics counsel and compliance. She is admitted to practice in Illinois and California (inactive).

Ms. Wolff received her undergraduate degree (A.B., Economics, with distinction, 1981) from Stanford University and her law degree (J.D., Order of the Coif, 1986) from the University of California, Berkeley — Boalt Hall School of Law.

04-24-2007

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Nutter McClennen & Fish LLP

Richard Kimball presents during BBA CLE seminar on Financing Technology Enterprises
Richard Kimball, co-chair of the firm’s Emerging Companies/High Technology practice, will present “Venture Capital Financing Basics” during an April 24 Boston Bar Association CLE seminar on Financing Technology Enterprises.

This seminar provides both a basic survey of the common financing and intellectual property issues affecting technology enterprises as well as some of the issues and opportunities presented by recent court and market developments.

Dick was recently appointed co-chair of the BBA Business Law Section and also co-chaired this seminar

04-24-2007

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Nutter McClennen & Fish LLP

Tatum teams with Nutter to participate in Nutter TechnOvation Awards Program
Today the law firm of Nutter McClennen & Fish LLP and Tatum LLC, the nation’s largest executive services firm, announced that Tatum will join in the successful Nutter TechnOvation Awards Program.

Nutter introduced the program in the fall of 2004 and to date has made awards to eight companies for an aggregate value of approximately $250,000. Early-stage companies with innovative, commercially viable technology applications for sale into large target markets are eligible to compete for awards under the TechnOvation program. Grants are made in the form of credits for legal services provided to the award winners by Nutter.

Tatum will now team with Nutter to grant credits to award winners for financial and information technology consulting services that will be provided by Tatum. Janice DiPietro, Managing Partner of Tatum’s New England practice, spoke about the reason Tatum decided to join with Nutter in this program. “We look forward to assisting growing technology and life sciences companies as they face the challenges of competing in a global marketplace. We are confident that the TechnOvation program can be enhanced by aligning outstanding legal services with financial and information technology leadership.”

“Nutter is pleased to welcome Tatum as a service partner in reaching out to promising entrepreneurs and early stage companies,” said Richard N. Kimball, co-chair of Nutter’s Emerging Companies practice and founder of the Nutter TechnOvation Awards program. “Their financial and information technology expertise will be a major value-adding benefit to the TechnOvation companies. We very much appreciate their participation.”

Tatum has become the fastest growing executive services firm in the United States by helping companies in transition accelerate business success and create more value. With more than 700 partners and professionals in 35 offices nationwide, the firm provides strategic and operating leadership in finance and information technology to companies undergoing rapid and significant change.

04-24-2007

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Norris, Mclaughlin & Marcus, P.A.

Haekyoung Suh Receives APALA/NJ Professional Achievement Award
Norris McLaughlin & Marcus, P.A. is proud to announce that Haekyoung Suh, a member of the firm, was honored with a 2007 Professional Achievement Award from the Asian Pacific American Lawyers Association of New Jersey (APALA/NJ) on April 14, 2007. Suh received the award at the Northeast Regional Conference in Atlantic City, New Jersey. The APALA/NJ honored APA attorneys for achieving significant career milestones in 2006.

The APALA/NJ is New Jersey’s only Pan-Asian bar association serving Asian American attorneys throughout the state. Founded in 1985 and incorporated in 1993, APALA/NJ embraces the following goals: promote & support a positive image of Asian Americans; educate members and the community about issues of critical concern to Asian Americans; support the entrance and advancement of Asian Americans into and within the legal profession; provide opportunities for members to network with others in the Asian American legal community; and encourage members to communicate with New Jersey's Asian American community.

A resident of Flemington, Suh concentrates her practice in the areas of complex commercial litigation, products liability and appellate advocacy. She has litigated at all levels of New Jersey state courts, including the New Jersey Supreme Court and Appellate Division, and has litigated in the Federal Court in New Jersey. She is an experienced appellate advocate whose work has resulted in numerous published and unpublished opinions.

Suh’s litigation experience includes commercial contracts, landlord/tenant disputes, construction disputes, franchise disputes, fire loss and civil appeals. In the area of products liability, she has defended manufacturers of prescription drugs, food preparation equipment, industrial equipment, office equipment, truck trailers and hand tools.

Suh has co-authored numerous products liability articles with the Honorable William A. Dreier and has also spoken on “Training Corporations to Avoid Liability” as part of the Products Liability A to Z seminar series sponsored by the Institute for Continuing Legal Education and the New Jersey State Bar Association Products Liability & Toxic Tort Section.

Suh is a 1997 graduate of Rutgers Law School where she served as Articles Editor for the Rutgers Law Review. She is also a 1991 graduate of the University of Michigan from which she received a B.A. with High Distinction. She is former Chair of the Women’s Business Forum of the Hunterdon County Chamber of Commerce.

04-24-2007

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