Law Firm News

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Law Firm News

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Saul Ewing, LLP

Lanza Speaks on Behalf of PCL&P About Upcoming Energy Auction
Edward G. Lanza, an Associate in the Firm's Business Department and Utility Practice Group, was quoted in this article about Pennsylvania's Public Utility Commission's (PUC) upcoming auction to buy energy for Pike County Light and Power (PCL&P).

Those who testified at a public hearing on March 29, 2007 wanted to make sure that PCL&P's energy rate for the 2008 to 2010 period would not be a repeat of the 2006 auction, where the company had to bid for electricity on the wholesale market a month after Hurricane Katrina.

Mr. Lanza spoke on behalf of PCL&P and said that the company will increase competition and attract more suppliers in the upcoming auction because it is including the roughly 4,000 Pike County customers in a larger bid, instead of seeking bids solely for the Pike County customers.

“The reason that the number of bidders was limited (in 2006) was because of the conditions at the time,” Mr. Lanza said, referring to Hurricane Katrina.

03-30-2007

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Saul Ewing, LLP

Lanza Speaks at PUC Power Hearing
Edward G. Lanza, an Associate in the Business Department and Utility Practice Group, was quoted in this article about two public hearings held by the Pennsylvania Public Utility Commission (PUC) to hear testimony about new electric rates that will be established in 2008.

Pike County Light & Power (PCL&P) became the power provider in October 2005 after an auction, and the company significantly increased rates at the start of 2006. This October, a new auction will be held, and local and state leaders are hoping this year's auction will not be reminiscent of the last.

ConEdison, the parent company of PCL&P, will not only auction the Pike County customers, but will also include service to its customers in Orange County, New York, who pay lower rates than the PCL&P customers in Pike County.

"We're hoping that makes it more attractive," said Mr. Lanza, who represents PCL&P. "Not only should that bring in more bidders, but hopefully make the prices better.

03-30-2007

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Rosenberg, Freedman & Goldstein LLP

Recent Talk by Don Freedman - Massachusetts Consortium for Children with Special Health Care Needs
Firm principal Don Freedman spoke recently on legal issues in the transition of children with special needs into adulthood, at a conference sponsored by the Massachusetts Consortium for Children with Special Health Care Needs. Specific topics included: changes in benefits and in responsible agency, integrating work and benefits, trusts and planning on behalf of a son or daughter with special needs, evaluating need for guardianship, and enhancing the capacity of people with special needs to participate in decision-making about their lives.

03-30-2007

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Fraser Milner Casgrain LLP

Doug Crowther and Tom O’Leary successfully represent applicants in Coalbed Methane Review before AEUB
With its recent decision in the Coalbed Methane ("CBM") Review Hearing (Decision 2007-024), the Alberta Energy and Utilities Board has made a strong statement to the energy industry that it will, subject to unique circumstances, be the party holding the rights to produce natural gas that will be considered entitled to produce CBM, thus, removing much of the uncertainty surrounding entitlement to produce the resource and paving the way for CBM development on split-title lands.

03-30-2007

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Simpson, Thacher & Bartlett, LLP

Simpson Thacher Advises Lead Arrangers On Largest Ever DIP Financing
Simpson Thacher advised Credit Suisse and the other lead arrangers (Goldman Sachs Credit Partners, JPMorgan Chase Bank and Deutsche Bank) in connection with a $5 billion debtor in possession financing to Calpine Corporation. The financing includes provisions for an additional $2 billion of loans to be made without further approval from the Bankruptcy Court and also can convert to Exit Financing for Calpine when it emerges from Chapter 11. The facility is the largest DIP financing to date. The firm had previously advised the lead arrangers in connection with Calpine's initial DIP financing in December 2005. The Simpson Thacher team on the transaction included Peter Pantaleo, Soogy Lee, David Mack, Robert Trust, Carla Crawford, Jean Chen and paralegal Christina Fox.

03-30-2007

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Proskauer & Rose, LLP

Proskauer Rose Represents Gray Television
Proskauer Rose LLP, an international law firm with over 700 lawyers worldwide, has represented Gray Television, Inc. in the refinancing of its senior credit facility with Wachovia Capital Markets LLC. The new credit facility has a total commitment of $1.025 billion and consists of a $100 million revolving credit facility and a $925 million institutional term loan facility.

Proskauer also represented Gray in the redemption of its outstanding 9.25 percent notes at a redemption price of $1,046.25 per $1,000 principal amount of 9.25 percent notes, plus accrued and unpaid interest on such amount up to but not including April 18, 2007. The initial draw under the new credit facility, consisting of $8 million on the revolving credit facility and $610 million on the term loan facility, will fund the payoff of all outstanding amounts under Gray's former senior credit facility, pay fees and expenses relating to the refinancing, and be used for other general corporate purposes.

The Proskauer team involved in the matter included Janice Smith, Arnold Jacobs, Robert Kane, and Eric Friedlander (Corporate): Mike Katz (Employee Benefits); Abe Gutwein (Tax); Jenifer de Wolf Paine (Intellectual Property); and Aliza Cinamon (Environmental), with assistance from Veronica Bajkai.

Proskauer Rose counsels banks, bank holding companies, private equity funds and other financial institutions on a wide array of corporate finance matters including domestic and cross-border syndicated loans, acquisition finance, working capital and asset-based loans, debt/equity swaps, receivables purchase transactions, commercial paper conduits, and asset securitization. Proskauer also advises on regulatory compliance matters with respect to the Bank Holding Company Act, International Banking Act, National Bank Act, and Federal Reserve Act, and gives advice to directors with respect to fulfillment of required duties.

03-30-2007

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Piper Rudnick, L.L.P.

DLA Piper wins second victory for CollegeNET in dispute against Xap Corp.
DLA Piper US LLP today announced the firm successfully represented CollegeNET, Inc., a leading provider of Internet solutions for higher education, in the bench trial phase of its Lanham Act unfair competition claim against Xap Corporation.

After a jury in October returned a verdict that Xap violated the Lanham Act, The U.S. District Court for the District of Oregon ruled this week that CollegeNET’s Lanham Act unfair competition claim is not barred by laches and that CollegeNET is entitled to compensatory damages in the total amount of $4.5 million.

The court also ruled that CollegeNET is entitled to reasonable attorneys’ fees and costs in an amount to be determined. In addition, the judge found that Xap’s violations of the Lanham Act were willful and deliberate and found the case to be exceptional.

“This case was extraordinary as the judge not only accepted the evidence as to Xap’s violations of the Lanham Act, but found Xap’s conduct to be so egregious that she awarded CollegeNET its attorneys’ fees and costs,” said Art Beeman, a partner in DLA Piper’s IP practice and leader of the team that represented CollegeNET. “We are very pleased with the court’s decision and are proud to have represented CollegeNET in both the jury and bench trial phases of this litigation.”

In October, a federal jury awarded CollegeNET $4.5 million in damages related to unfair competition claims under the Lanham Act and $4 million after finding that Xap infringed on one of its patents. The jury also upheld the validity of CollegeNET’s patent #6,345,278 and awarded CollegeNET for Xap’s infringement of that patent.

Under the Lanham Act, the verdict confirmed CollegeNET’s claim that Xap made false or misleading statements in the marketplace regarding the protection of the privacy of student data. The evidence revealed that Xap sold certain information such as social security numbers, names, addresses and dates of birth for at least 600,000 students. CollegeNET’s claim was also based upon the false or misleading statements made by Xap to colleges and universities that the data would not be sold.

In addition to Beeman, who is based in DLA Piper’s San Francisco office, the trial team included Elizabeth Day and Bill Goldman from the firm’s East Palo Alto offices and Michael Andow from the firm’s Washington, D.C. office. Christine Corbett, Carrie Williamson and Greg Lundell, also based in East Palo Alto, provided assistance in Portland.

DLA Piper’s intellectual property practice offers clients comprehensive IP services, including patent, trademark, and copyright litigation, patent prosecution, IP due diligence and strategic IP asset management. The firm has more than 425 IP attorneys globally and 220 IP attorneys in the U.S., which ranks the group among the largest IP practices in the world. DLA Piper’s Patent Litigation practice in the U.S. alone includes more than 80 lawyers. The firm has handled more than 150 patent cases in U.S. district courts and the ITC over the past three years.

About CollegeNET, Inc.
CollegeNET, Inc. is focused on providing technologies that save institutions money and improve educational access and affordability for citizens. The company provides innovations in event and academic scheduling, decision support, admissions, web-based tuition processing, prospect management, alumni development, and e-mail management to colleges, universities and nonprofits worldwide. More than 1,000 institutions use CollegeNET software and e-solutions. The company is headquartered in Portland, OR.

03-30-2007

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