Law Firm News

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Law Firm News

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Foley Hoag LLP

Michael J. Pelgro Joins Foley Hoag as Counsel in the Business Crimes & Government Investigations Practice
Foley Hoag LLP announced today the addition of Michael J. Pelgro as counsel in the Business Crimes & Government Investigations Practice in the firm's Boston office.

Michael joins Foley Hoag most recently from the United States Attorney's Office in Boston, where he was an Assistant United States Attorney, serving as Chief of the Organized Crime Drug Enforcement Task Force (OCDETF) Unit. He previously served in the office's Major Crimes Unit.

During his tenure at the United States Attorney's Office, Michael prosecuted many federal criminal cases, including complex mail and wire fraud, procurement fraud, tax, money laundering, narcotics conspiracy and narcotics distribution cases.

Prior to the United States Attorney's Office, Michael served as an Assistant District Attorney in the Middlesex County District Attorney's Office in Cambridge, Massachusetts where he prosecuted complex cases at the state level. Before that, he served as a Litigation Associate at Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., in Boston.

Michael has gained significant recognition for his work from various notable organizations including the Department of Justice from which he received the Director's Award in 1997 for Superior Performance as an Assistant United States Attorney. In addition he has received many Certificates of Appreciation and Special Achievement Awards from the Department of Justice and from different federal agencies in recognition of the successful prosecution of cases and/or superior performance. In addition, he taught trial practice at the Department of Justice's National Advocacy Center in Columbia, South Carolina for several years.

Michael received an A.B., summa cum laude, Phi Beta Kappa, from Boston College, and a J.D., cum laude, from Boston College Law School in Newton, Massachusetts where he was also a member of his law review.

04-17-2007

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Greenberg Traurig, LLP

Greenberg Traurig Attorney Re-Elected President of the Board of Trustees of the Farrington Education Center
Terence McCourt, a shareholder with the international law firm of Greenberg Traurig, has been re-elected President of the Board of Trustees of the Farrington Education Center, based in Lincoln, Massachusetts.

The Farrington Education Center is a non-profit organization dedicated to providing inner city children with opportunities for outdoor recreation and rural learning. The Farrington operates a summer program which features art and environmental education in a bucolic setting west of Boston. The Farrington’s history includes a period in the 1910’s when it opened its doors to care for sick girls from Children's Hospital who needed a temporary stay in the country to recuperate. Since then, it has served a variety of children in need, including, programs run by the City Mission Society.

"This honor represents one more example of Greenberg Traurig's commitment to public service in our community," said Gary Greenberg, managing shareholder of Greenberg Traurig's Boston office.

Terry McCourt, a shareholder in Greenberg Traurig’s Labor and Employment Practice Group, concentrates his practice on labor and employment litigation and counseling. Prior to joining GT, Terry was Deputy Chief Legal Counsel to the Governor of Massachusetts and General Counsel to the Massachusetts Secretary of Labor.

04-17-2007

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Thompson & Knight LLP

T&K Attorney Publishes Article on Avoiding Losses in Tenant Bankruptcies
A tenant's bankruptcy filing is not the end of the world for a commercial landlord, particularly if the landlord took protective measures prior to the filing," according to Thompson & Knight Partner John S. Brannon. Brannon's article "Play Cards Right to Avoid Losing When Tenant Goes Bankrupt" was published in the March 23, 2007 issue of the Houston Business Journal.

According to the article, landlord rights against debtor tenants are significant and have been expanded. A landlord's leverage and ability to recover on claims during a tenant's bankruptcy can be improved by pre-bankruptcy planning, including the acquisition of collateral and the negotiation of landlord-friendly lease provisions.

"Commercial landlords can minimize their losses in a tenant's bankruptcy by the proper use and enforcement of existing and new bankruptcy statutes which work to the landlord's advantage, thereby minimizing the loss and inconvenience that is inherent in any tenant bankruptcy proceeding," says Brannon.

Brannon is an experienced creditors' rights attorney who represents clients in business and commercial litigation in state and federal bankruptcy court, with a special emphasis on creditors' rights and bankruptcy matters. He has assisted numerous companies in acquiring assets out of bankruptcy and pursuing their claims against financially distressed or bankrupt entities and has provided counsel on how to deal with such entities both prior to and after they become financially distressed. Brannon is Board Certified in Business Bankruptcy Law by both the Texas Board of Legal Specialization and the American Board of Certification and is Board Certified in Consumer Bankruptcy Law by the Texas Board of Legal Specialization.

04-17-2007

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Simpson, Thacher & Bartlett, LLP

Firm Represents Hellman & Friedman in Announced Acquisition of Catalina Marketing Corp.
The firm is representing Hellman & Friedman in its announced acquisition of Catalina Marketing Corp., a publicly held marketing services and information provider, for approximately $1.7 billion. Catalina shareholders will receive $32.50 in cash for each share of common stock they own, $0.40 per share higher than under the terms of the merger agreement Catalina signed on March 8, 2007 with affiliates of ValueAct Capital Master Fund L.P., which contained a “go shop” provision. The transaction was announced on April 17 and is expected to close in the third quarter.

The Simpson Thacher team includes Rich Capelouto, Peter Malloy, Stephen Ballas, Rhett Van Syoc and Joshua Koenig (M&A); Jay Ptashek, Brian Steinhardt and Ana Navia (Credit); Steven Todrys (Tax); Brian Robbins, Jamin Koslowe and Michael Richman (Employee Benefits); Lori Lesser, Robyn Rahbar and Agnes Dunogue (Intellectual Property); and Jonathan Youngwood and Yuval Sheer (Litigation). Paralegal Amy Craiger also provided valuable assistance.

04-17-2007

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Piper Rudnick, L.L.P.

DLA Piper holds Second Diversity Retreat
DLA Piper US LLP is hosting its second diversity retreat Thursday, April 19 through Saturday, April 21 in Baltimore.

The event will draw attorneys of diverse backgrounds who will gather to learn more about the firm, become more informed about how to be a better lawyer, and gain more confidence about their future within the firm. This is the second year the firm is hosting a nationwide diversity retreat.

“DLA Piper was one of the first firms in the country to introduce an event such as this one,” said Francis B. Burch, Jr., Joint Chief Executive Officer of DLA Piper. “We hold the diversity retreat not only to reinforce the value of our attorneys, but also to highlight the networks that exist for these attorneys within their own practice groups and throughout the firm.”

“Our first retreat was such a success, and this year we want to reinforce the firm’s commitment to the attorneys’ development,” added Theresa Cropper, DLA Piper’s director of diversity. “The goal is to bring everyone together to appreciate diversity within an organization as large as ours.”

Also at the retreat, Steve Young, of Insight Education Systems, will present “MicroInequities: The Power of Small™,” which was developed based on research conducted at Massachusetts Institute of Technology (MIT). According to Insight Education, the presentation is a unique leadership training program designed to promote true diversity through an awareness of the effects of body language, spoken language and cultural mores on productivity in the workplace. It is designed for companies that seek to move beyond traditional diversity training and break through to the next level of leadership and a truly inclusive workplace. The program has been described as the new paradigm for diversity.

Joel Stern, Associate General Counsel, Director of Legal Services, Americas Accenture Legal Group, which participated in DLA Piper’s first diversity retreat in Chicago, said, “At Accenture, we expect the law firms we work with to have similar values and cultures as our company, which includes a commitment to diversity. DLA Piper’s diversity retreat is an invaluable experience for both lawyers and clients. Listening to the tremendous challenges that law firms must overcome to achieve a diverse workforce and learning the best practices to be able to do so is truly inspiring.”

Attendees will also have the opportunity to visit the Reginald Lewis and Frederick Douglas Museums as part of the retreat.

“We are thrilled to host DLA Piper’s second nationwide diversity retreat, especially given our longstanding presence in Baltimore,” said DLA Piper’s Baltimore Managing Partner Paul A. Tiburzi. “It is not only important for the firm to celebrate our attorneys’ diversity, but to celebrate this city’s ethnic and cultural diversity as well.”

In March, DLA Piper received the Association of Black Women Attorneys (ABWA) Award for Excellence in Corporate Diversity. According to the ABWA, the Award for Excellence in Corporate Diversity is presented to a business which has provided significant pro bono or community services and in-house activities for retaining and promoting women and minorities; makes extensive recruitment efforts toward minorities and females; and has not received a lot of attention for its efforts.

04-17-2007

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Miller, Canfield, Paddock & Stone, P.L.C.

Miller Canfield Opens Office in Cambridge, Mass.; Expands Biotechnology, IP and Life Sciences Practice
Miller, Canfield, Paddock and Stone, P.L.C., Michigan’s largest corporate law firm, announced today that it will open an office in Cambridge, Massachusetts this month to expand its work in several fast-growing sectors – biotechnology and life sciences, intellectual property, and venture and technology. Miller Canfield will be the only Michigan-based law firm with an office in Massachusetts.

The new office will be located at One Broadway in Cambridge’s Kendall Square, well known as the gateway to biotech research and home to numerous biomedical, biopharmaceutical and other high-technology companies. Kendall Square is famous for the number of biotechnology and information technology firms located there, lured by the proximity of several institutions of higher learning and many fine research hospitals.

“Cambridge is arguably the life sciences industry’s most diverse and dynamic market – and that’s where we want to be,” said Michael W. Hartmann, CEO of Miller Canfield. “With an increased global focus on biotech and life sciences, alternative energy, advanced automotive technology, homeland security and IT, our expertise and geographic reach in North America and Eastern Europe will create new opportunities and international access for clients.”

Leading the office in Cambridge are Raymond G. Arner, former Senior Vice President and Chief IP Counsel at Biogen Idec Inc., a publicly traded biopharmaceutical company, and Anne Marie Cook, Senior Vice President, Business and Corporate Development, General Counsel and Secretary of ViaCell, Inc., a publicly traded biotechnology company.

Arner, prior to joining Biogen Idec Inc. in 1999, was VP, Global Intellectual Property for Pharmacia & Upjohn Company following the merger of Pharmacia AB and The Upjohn Company in 1995, and prior to that VP, Corporate Intellectual Property Law for The Upjohn Company in Kalamazoo, Mich. Before joining Upjohn in 1994, Arner was Associate General Counsel and Chief Patent Counsel for the DuPont Merck Pharmaceutical Company in Wilmington, Del. He graduated magna cum laude from Temple University Law School. He is admitted to practice before the United States Patent and Trademark Office, the State Bars of Michigan and Pennsylvania, and is seeking admission to practice in Massachusetts.

Cook has been responsible for managing ViaCell’s corporate legal affairs and business development activities, including product development initiatives and potential technology acquisitions and licenses. Prior to joining ViaCell, she held the position of VP, Chief Corporate Counsel at Biogen Idec Inc. where she oversaw the company’s legal matters pertaining to product collaboration and license agreements, securities law, FDA compliance, and mergers and acquisitions. She also has experience representing venture capital limited partnerships. She graduated, summa cum laude, from the University of Notre Dame Law School and holds a B.S. in Biology from Tufts University. She is admitted to practice in Massachusetts.

04-17-2007

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Jorden Burt LLP

Eleventh Circuit Tightens Removal Standards Under Class Action Fairness Act
The Eleventh Circuit Court of Appeals issued a lengthy decision addressing removal under the “mass” action provision of the Class Action Fairness Act (“CAFA”), including several issues of first impression and a number of issues affecting removals in general.

Lowery v. Alabama Power Co. was commenced two years prior to CAFA’s effective date (February 18, 2005) by eight plaintiffs suing twelve defendants in Alabama state court for various torts based on the alleged discharge of pollutants into the atmosphere and ground water. Each plaintiff demanded compensatory and punitive damages of $1,250,000. Plaintiffs subsequently amended their complaint, adding more than 400 plaintiffs , and changing their damages allegation to simply an amount in excess of the state court’s jurisdictional threshold of $3,000. The last amendment, on June 20, 2006, added Alabama Power and another entity as defendants.

Alabama Power removed the entire action to the U.S. District Court for the Northern District of Alabama under CAFA’s mass action removal provision (28 U.S.C. § 1332(d) (11)), attaching only the original and the third amended complaints to the notice of removal to support its allegations that the aggregated amount in controversy exceeded $5 million, and that there was at least one plaintiff with a claim in excess of $75,000.

Denying Alabama Power’s motion for discovery regarding removal jurisdiction, the District Court ultimately remanded the case to state court, and Alabama Power appealed the decision to the Eleventh Circuit.

Among the significant holdings of Lowery are the following: • A defendant added after CAFA’s effective date can remove the entire action, even though the action was originally filed against other defendants prior to CAFA’s effective date.

At least four requirements must be satisfied for an action to be removable as Apr-07 CAFA mass action: (1) the amount in controversy must aggregate $5 million, (2) minimal diversity must exist, (3) the action must have at least 100 plaintiffs, and (4) the plaintiffs’ claims must involve common questions of law or fact. The Lowery Court expressly did not decide whether the mass action provisions also require that the removing defendant prove that at least one plaintiff has a claim in excess of $75,000.

The Eleventh Circuit joined the Second, Third, Seventh, and Ninth Circuits in holding that the burden of proving federal jurisdiction lies on the removing defendant, and that burden is evaluated by the preponderance standard.

A federal district court is limited to the “removing documents” in evaluating whether it has jurisdiction.

District courts should not allow any form of post-removal discovery. “If the jurisdictional amount is either stated clearly on the face of the documents before the court, or readily deducible from them, then the court has jurisdiction. If not, the court must remand.”

The Eleventh Circuit affirmed the district court's remand of the case back to Alabama state court for failure to meet the $5 million amount in controversy requirement.

04-17-2007

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