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Robinson & Cole LandLaw Partner Featured on Front Cover of REBA News
Robinson & Cole LandLaw attorney E. Christopher Kehoe was recently featured on the front cover of the Real Estate Bar Association for Massachusetts' newsletter. Chris, REBA's former president and cochair of the group's Legislation Committee, was pictured with REBA's 2006 president and the recipient of REBA's lifetime achievement award.

04-23-2007

Foley Files Application to Open Office in China
Foley & Lardner LLP announced today that it has filed an application with the Ministry of Justice of the People’s Republic of China requesting approval to open a representative office in Shanghai.

In addition, Catherine Sun has joined Foley as a partner from the Shanghai office of Weil, Gotshal & Manges LLP where she led the firm’s intellectual property practice in China. She is licensed to practice in New York and will be assigned to the firm’s New York office during the license application process, but will be stationed in Shanghai.

If the application is approved, the firm will leverage its nationally recognized Intellectual Property Department to differentiate itself from other U.S. law firms that have recently opened representative offices in China by focusing on assisting companies with intellectual property (IP) counseling and dispute resolution.

The Shanghai office would serve the firm’s U.S., Asian and European clients in a number of industries including life sciences, manufacturing, automotive and high-technology. Sun will chair the firm’s Asia practice and lead the growth and development of the Shanghai office.

“China’s growing presence in the global marketplace coupled with its evolving legal system presents a unique business environment for our clients that are either currently doing business in Asia or are evaluating opportunities,” said Ralf Boer, the firm’s chairman and CEO. “Our strategy for our Shanghai office is consistent with the firm’s international market strategy that focuses on opening foreign offices in markets where the firm has a competitive advantage and can offer services not already available from other international law firms.”

Because of the current business and legal climate in China, Foley clients require assistance with intellectual property asset management, litigation and licensing. In addition, Foley will work with companies in the wireless industry on IP issues related to their technology platforms and the software underlying them, as well as the IP necessary to protect content and control counterfeiting and piracy. The firm also will counsel clients on corporate matters related to technology transfer, venture capital, mergers and acquisitions, joint ventures, wholly foreign-owned entities and tax.

“Recent studies indicate that eighty percent of market capitalization in publicly traded companies is tied to intellectual property assets,” said Sharon R. Barner, chair of the firm’s Intellectual Property Department. “As a result, businesses are placing more value on their intellectual property assets making it more important for them to protect and enforce their rights in China.”

Sun has experience in IP strategy, counseling and litigation, IP issues related to cross-border M&A, international technology transfer, licensing and portfolio management. She earned a LL.M. degree from George Washington University Law School and spent seven years practicing law in the United States at one of the major national law firms in the Washington, D.C. area.

She then returned to Hong Kong and Shanghai to continue her IP practice. While in the United States, she was an in-house attorney for a high-technology company and served as a Student Law Clerk to the Hon. Randall R. Rader of the United States Court of Appeals for the Federal Circuit.

Sun joins several Foley attorneys, including three Chinese nationals, with proven experience in understanding Chinese business issues, working with Chinese in-house counsel and building strong relationships with local Chinese law firms.

The attorneys include Stephen A. Bent, Hal Wegner, Zhu (Julie) Lee, Ken Duck, Tianjun (T.J.) Hou and Xueqing (Linda) Ji, who have years of experience in handling intellectual property and corporate matters for U.S., European and Japanese companies with interests in China. An office in Shanghai will give them a base of operations to assist current clients and work with Chinese companies seeking intellectual property protection and legal advice on corporate deals outside of China.

Foley plans to move into office space in Shanghai in 2007 subject to approval by the Ministry of Justice. The Shanghai office would be the firm’s second office in Asia following the Tokyo office, which opened in 2003.

04-23-2007

Baker & McKenzie Partner to Present Dissertation on Swedish Law1
Baker & McKenzie Partner Carl Svernlöv will present his doctoral dissertation on 27 April 2007 for the LL.D. degree at the University of Stockholm, which examines the Swedish law concept of discharge from liability in the Swedish limited liability company.

Under Ch. 7 § 11 of the Swedish Companies Act 2005, the shareholders shall at the annual general meeting resolve on whether to grant discharge from liability to the board members and managing director. The principal effect of a decision to grant discharge from liability is (with some exceptions, see below) to bar any action by the company against the board members and the managing director in relation to the period that the decision covers, i.e., the financial year covered by the annual accounts presented at the shareholders’ meeting where the discharge resolution is passed.

A failure to grant discharge from liability has no immediate effect on the liability of the board members and the managing director. It merely leaves the possibility open for the company (through the board or by way of a derivate lawsuit by a minority shareholder) to initiate an action for liability within a year after the annual accounts were presented. Consequently, a resolution not to grant discharge from liability does not necessarily mean that an action will be brought against the person subject to such resolution, and sometimes a refusal to grant discharge is merely used to express the shareholders’ disapproval with one or more functionaries of the company.

Furthermore, granted discharge from liability is subject to a number of exceptions. The most notable of the exceptions is the one in Ch. 29 § 11 of the Companies Act which applies where, in the annual report or the auditor’s report or otherwise, materially correct and complete information was not provided to the general meeting regarding the resolution or the action on which the liability proceedings are based. Exceptions also apply to criminal actions of the board members and the managing director and under certain circumstances to actions brought after the company has entered into bankruptcy.

The discharge resolution under the Companies Act is fairly unique in an international perspective, and is governed by a few, briefly worded provisions in the Act. Moreover, there are few precedent cases on the topic, which means that a great number of issues and questions remain unclear in the Act. This dissertation is intended to shed some light on a number of these ambiguities.

04-23-2007

PHILLIPS LYTLE LLP GROWS NEW YORK CITY OFFICE
Phillips Lytle LLP, one of the region’s largest full service law firms, continues to grow its New York City office with the addition of Davin Z. Goldsztajn as an Associate with the firm.

Mr. Goldsztajn will focus his practice in banking and commercial litigation. His expertise in banking litigation includes defending regulatory investigations, securities violations, banking procedure compliance, and protection of secured creditors’ rights. In commercial litigation, Mr. Goldsztajn’s expertise also includes products liability, toxic torts and labor and employment matters. He received his J.D. from Northwestern University School of Law and his B.A. from University of California, Berkeley.

04-23-2007

MCDONALD HOPKINS LLC NAMES PRESIDENT AND CLEVELAND MANAGING PARTNER
McDonald Hopkins LLC, the Cleveland-headquartered, fullservice business law firm, has elected Carl J. Grassi president of the firm. Grassi has appointed Shawn M. Riley managing partner of the firm’s Cleveland office, a newly created position.

As chair of the firm’s Business Department, Grassi served as corporate counsel and business advisor to a number of middle-market and growth companies. He oversaw the practice for nine years and grew it into the firm’s largest department.

In his new role, Grassi will oversee the strategic direction of the firm and all functions of the firm’s five offices in Cleveland and Columbus, Ohio, Detroit, Chicago and West Palm Beach, Fla. Grassi will succeed Joseph J. LoPresti, Jr., who passed away March 5, 2007.

“I am honored to be elected to this position,” Grassi said. “I am committed to building on the tremendous success we have had during the past two decades – becoming one the fastest-growing law firms in the Midwest.

“I cannot step into this role without acknowledging the demonstrated leadership of Joe LoPresti. He was an outstanding lawyer dedicated to providing the highest quality legal counsel and a very good friend.”

As chair of the firm’s Business Restructuring Services Department, Riley focused his practice on Chapter 11 bankruptcies, creditors’ rights and workouts. In the past 12 years, he grew the department into one of the most respected restructuring practices in the Great Lakes region, and helped formulate the firm’s new Automotive Group Practice. In his new role, he will oversee the firm’s headquarter Cleveland office.

Chairs of the Business Law Department and the Business Restructuring Department will be named in the near future.

Grassi has been with the firm since 1992. He is a certified public accountant and a member of the 50 Club of Cleveland. He is a board member of Lake Erie College and Apr-07 director of the Cleveland Chapter of ORT America. He earned his bachelor’s degree in business administration from John Carroll University and his law degree from Cleveland Marshall College of Law.

Riley joined the firm in 1995. He serves on the Village Council of Gates Mills, Ohio, and is on the Board of Trustees for the Ohio Chapter of the Turnaround Management Association.

04-23-2007

Kenya Miller joins the firm's Columbia office
McAngus Goudelock & Courie, LLC is pleased to announce that Kenya Miller has joined the firm’s Columbia office. Kenya concentrates her practice in the area of workers’ compensation defense.

She graduated magna cum laude from the University of South Carolina (USC) Honors College with a Bachelor's degree in business administration. While at USC, Kenya was inducted into Phi Beta Kappa. She graduated from the University of North Carolina School of Law where she was a member of the Julius L. Chambers Civil Rights Moot Court, Symposium Editor for First Amendment Law Review, and on the Dean's List. Kenya also served as a law clerk to the Honorable James Wynn, North Carolina Court of Appeals. She is a member of the South Carolina Bar, Richland County Bar Association, and the South Carolina Women Lawyers Association.

04-23-2007

LOCKE LIDDELL & SAPP INCLUDED AMONG TOP 50 LEAD LEGAL ADVISERS (BANK AND THRIFT MERGERS) IN U.S.
In its annual Mergers & Acquisitions Rankings, American Banker has listed Locke Liddell & Sapp among the Top 50 law firms in the country in the category of Top Lead Legal Advisers. The category is based on the number of deals, and cited primary advisers in domestic bank and thrift merger deals announced in 2006.

American Banker has provided information to banking and financial services professionals since 1835. It reports on convergence, and consolidation, speaking directly to the interests of large and small institutions, including not just traditional commercial bankers, but investment and insurance professionals, as well as a growing group of less conventional players.

Locke Liddell & Sapp’s financial services attorneys have provided solid business and legal counsel for more than a century, and our relationships with clients are lifelong.

04-23-2007

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