Law Firm News

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Law Firm News

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Alston & Bird LLP

Gary Horlacher and Terry Walsh Featured in Article on Georgia Innocence Project
Gary Horlacher and Terry Walsh were featured in an article in the April 11th The Atlanta Journal-Constitution about their client Robert Clark, whom they represented through the Georgia Innocence Project. The article, titled “Senate OKs $1.2 million to freed man,” discusses the legislation approved by the Georgia legislature to pay Robert Clark $1.2 million after spending 23 years in prison for crime he did not commit.

04-11-2007

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Simpson, Thacher & Bartlett, LLP

Simpson Thacher Represents The Linde Group in Sale of U.S. Retail Packaged Gases Business to Airgas, Inc.
Simpson Thacher is representing The Linde Group in connection with the sale of its U.S. retail packaged gases business to Airgas, Inc. for $310 million. The transaction is subject to customary closing conditions, including regulatory approval.

The Linde Group is a world leading industrial gases and engineering company with more than 51,000 employees working in around 70 countries worldwide. Following the acquisition of The BOC Group the company has gases and engineering sales of approximately €12 billion.

The firm has also recently represented Linde in transactions to sell its U.S. bulk gas and helium business assets which were required to be divested in connection with Linde’s acquisition of The BOC Group.

The Simpson Thacher team includes Peter Malloy, Jacob Kleinman, Conan McIntyre, Stephen Ballas and Herbert Huang (M&A), Charlie Rappaport and Helena Wolin (Tax), Lori Lesser and Robyn Rahbar (Intellectual Property), Greg Grogan (Employee Benefits), Scott Dyer and Jacquie Rosenblum (Labor), Michael Isby (Environmental), Mardi Merjian (Real Estate), and Lydia Potter (Paralegal).

04-11-2007

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Simpson, Thacher & Bartlett, LLP

Simpson Thacher Represents Claire's Stores, Inc. in Proposed Sale
Simpson Thacher is representing Claire's Stores, Inc. in connection with its proposed sale to an affiliate of Apollo Management, a New York-based private equity firm, in a transaction valued at approximately $3.1 billion. Claire’s Stores, Inc. is a leading international specialty retailer offering value-priced costume jewelry and accessories to fashion-aware tweens, teens and young adult females through its two store concepts: Claire’s and Icing by Claire’s. Under the terms of the deal, Claire's shareholders will receive $33 in cash for each share of Claire's common stock and Class A common stock they hold.

The Simpson Thacher team working on this deal includes: John Finley, Katie Sudol and Nomaan Raja (M&A); Brian Robbins, Jamin Koslowe and Jarrett Hoffman (Employee Benefits); Charlie Rappaport (Tax); Mardi Merjian (Real Estate); Lori Lesser (Intellectual Property); Mike Isby and Tim Mulvihill (Environmental); Scott Dyer and Julie Levy (Labor); Jay Ptashek (Credit); Michael Naughton and Jonathan Parker (Antitrust); and Michael Chepiga, Lynn Neuner and Erika Burk (Litigation); as well as paralegals Lindsey Cei and Michael McLaughlin.

04-11-2007

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Simpson, Thacher & Bartlett, LLP

Simpson Thacher Obtains Dismissal of Shareholder Litigation on Behalf of Biomet Directors
The Firm is representing ten members of the board of directors of Biomet, Inc. ("Biomet") in connection with shareholder litigation related to the acquisition of Biomet.

On December 18, 2006, Biomet announced that it had entered into a Merger Agreement under which a private equity consortium composed of affiliates of The Blackstone Group, Kohlberg Kravis Roberts & Co., Goldman Sachs Capital Partners, and Texas Pacific Group had agreed to purchase all outstanding shares of Biomet for $10.9 billion, or $44 per share.

On December 20, 2006, two Biomet shareholders filed a class-action complaint in Indiana state court, naming as defendants the members of Biomet's board and the entities alleged to be involved in the purchase of the company. The complaint alleges that the board members breached their fiduciary duties (and that the members of the purchasing group aided and abetted that breach) in approving the Merger Agreement and the sale of the company at $44 per share.

On January 2, 2007, William Gervasio filed a similar complaint in New York Supreme Court. On March 26, 2007, the Honorable Bernard Fried granted a motion to dismiss the New York action in light of the prior pending Indiana action. Judge Fried explained that "[t]here is no dispute" that the previously filed Indiana action "concerns the same conduct, seeks the same or substantially similar relief, and involves the same defendants. Under these circumstances dismissal of this subsequently filed New York action . . . . is appropriate."

The Simpson Thacher team includes Mike Chepiga and Bill Efron.

04-11-2007

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Simpson, Thacher & Bartlett, LLP

Firm Representing Lightyear Capital LLC in Its Acquisition of Neff Corp.
The firm is representing Lightyear Capital LLC in its announced agreement to acquire Neff Corp. (“Neff”) for a purchase price of approximately $409 million (less transaction expenses) payable to the Neff stockholders, and the discharge of Neff’s existing indebtedness (which was approximately $490 million as of December 31, 2006). Neff, a portfolio company of Odyssey Investment Partners, is a leading construction equipment rental company, servicing over 20,000 customers with a rental fleet of more than 12,000 equipment pieces. Lightyear led a group of investors in the transaction, including General Electric Pension Trust and Norwest Equity Partners.

Simpson Thacher’s deal team includes: Caroline Gottschalk, Doug Bacon, Jon Strauss (M&A); Michael Nathan (Capital Markets), Marissa Wesely and Jennifer Hare (Credit), Andrea Wahlquist and Wonda Joseph (Executive Compensation and Employee Benefits), Adeeb Fadil and Tim Mulvihill (Environmental), Charlie Rappaport and Sean Austin (Tax) and paralegal Caitlin Lane.

04-11-2007

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McDermott Will & Emery

Vera M. Elson to Lead Silicon Valley Intellectual Property Group
Vera M. Elson, a senior patent trial lawyer with McDermott Will & Emery’s Intellectual Property, Media & Technology Department and one of a handful of Hispanic women IP trial lawyers in California, has been named head of the Silicon Valley office intellectual property practice. Ms. Elson joined McDermott’s Silicon Valley office in August 2001, and has been instrumental in the recruitment of a number of local partners and associates. Since 2001, the Firm's Silicon Valley office has nearly doubled in size with the intellectual property practice now numbering nearly 40 lawyers.

"Vera is one of the premier patent trial lawyers in the country. With a master's in electrical engineering and proven trial record, she brings a unique skill set to the courtroom because she understands both technology and trial law," commented Terrence P. McMahon, head of the Firm’s global intellectual property practice. "These unique attributes will translate into an incredible leader for our IP practice in Silicon Valley."

In October, Ms. Elson will serve as co-chair of the patent litigation program for the 2007 Sedona Conference. The Sedona Conference has successfully developed into a multi-faceted, open and neutral think-tank generating important, authoritative and timely contribution on legal issues. For more information, visit www.thesedonaconference.org.

Ms. Elson focuses her practice on intellectual property trial and counseling for the Firm’s technology clients. She has tried numerous intellectual property cases to verdict in federal circuit, district and state courts, and has extensive experience representing clients before the International Trade Commission (ITC). She is a patent attorney registered to practice before the U.S. Patent and Trademark Office, as well as a member of the ITC Trial Lawyers Association.

McDermott Will & Emery currently numbers more than 1,100 lawyers worldwide based in the United States, United Kingdom, Germany and Italy. In addition, McDermott is strategically aligned with MWE China Law Offices in Shanghai. Our network provides the global reach needed by international and multinational companies doing business around the world.

Our Intellectual Property, Media & Technology Department includes more than 215 lawyers and patent agents working in all of our offices throughout the world. More than 150 members of our team hold technical and/or scientific degrees; 95 are patent bar members. We represent the interests of clients across numerous industries including biotechnology, pharmaceuticals, medical devices, gaming, computer hardware and software, networks and telecommunications. We are recognized for our trial and appellate experience, and are ranked as one of the strongest IP litigation firms for both plaintiffs and defendants.

Biographical Notes
Vera M. Elson has been recognized by Chambers USA 2005 and 2006 as a leading lawyer in intellectual property in California based on client interviews and peer reviews. Before joining the legal profession, she earned an M.S.E.E. with an emphasis in integrated circuit design from the University of California at Los Angeles and worked as a high-speed digital circuit designer for Hughes Aircraft's Advanced Circuit Technology Laboratory.

Ms. Elson's trial experience is extensive. A few of her representative cases include the following:

In the Matter of Certain Mobile Telephone Handsets, Wireless Communication Devices, and Components Thereof. Representing QUALCOMM before the International Trade Commission for patent infringement action brought by QUALCOMM (Complainant) against Nokia Corporation and Nokia, Inc. (Respondent).

VirnetX v. Microsoft. Currently representing VirnetX in a patent suit filed against Microsoft in the U.S. District Court, Eastern District of Texas.
Volumetrics Medical Imaging, LLC v. GE Healthcare. Currently defending the GE Healthcare and GE Medical Systems businesses in a patent infringement lawsuit involving ultrasound medical imaging technology.

Medtronic et al. v. BrainLAB Medizinische Computersystems GMBH et al. Represented Medtronic as trial counsel in a patent infringement case related to image-guided surgical techniques and devices. The jury found that all of the accused devices infringed all of the patents-in-suit.

Enterasys Networks, Inc v. Extreme Networks, Inc. Currently representing Extreme Networks as trial counsel in a patent infringement case (six patents in the suit).

Lucent Technologies v. Extreme Networks. Represented Extreme Networks as trial counsel in a patent infringement case related to networking technology. The jury returned a verdict in favor of Extreme.

Intel Corp. v. Broadcom Corporation. Trial counsel in a patent case before a Delaware jury relating to digital video processing and computer network technology. The jury returned a verdict in favor of Broadcom.

Ms. Elson interned at the Court of Appeals for the Federal Circuit in Washington, D.C. for the late Chief Judge Helen Wilson Nies, and is currently a member of the Federal Circuit Bar Association.

04-11-2007

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Kaye Scholer LLP

Kaye Scholer Saves Another Pro Bono Asylum Seeker
Kaye Scholer successfully represented a pro bono client from the Democratic Republic of the Congo in his application for asylum and withholding of removal. A United States Immigration Judge in Elizabeth, New Jersey granted withholding of removal on April 9. The client had been detained since his unauthorized arrival on September 25, 2006.

A member of the minority Luba Kasai ethnicity and of the principal nonviolent political opposition party, the Union for Democracy and Social Progress, the client was falsely arrested, beaten repeatedly, imprisoned for months, and set for execution before escaping to the United States. Had Kaye Scholer not obtained this relief, he would have been deported to the Congo and summarily killed by its government. Now, the client is permitted to remain in the United States to work and to build a new life.

The Kaye Scholer team included New York litigation associates Hanna Cohen, Edward Mullins and Mariya Pinskaya, and New York paralegal Maureen DeShong. They were supervised by litigation partner Phillip Geraci, Asylum Project co-chair Mark Beckman, and litigation associate Janis Felderstein.

04-11-2007

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