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Kramer Levin Wins Important Decision for Client Sirius Satellite Radio
Kramer Levin won an important decision dismissing an action for tortious interference with prospective business relations brought against our client Sirius Satellite Radio Inc. by Advanced Global Technology LLC. In her March 8 decision, Justice Karla Moskowitz of the Commercial Division of the New York State Supreme Court , New York County, held that AGT failed to plead facts showing that Sirius acted with “wrongful means, ” finding instead that the documentary evidence and allegations of the complaint revealed that Sirius acted out of economic self-interest. The court further found that repleading would be futile, and denied AGT leave to file a new complaint.

Michael Oberman argued the motion to dismiss. The other members of the team were Peter Abruzzese, Nick Coch and Michael Eisenkraft, with Angela Chan assisting.

The decision was reported on the front page of the New York Law Journal on March 15.

03-14-2007

Woodcock Washburn Ranked in VerdictSearch Top 100 Verdicts for 2006
Woodcock Washburn LLP attorney David J. Wolfsohn and firm client The Graham Company are listed in the VerdictSearch list of the Top 100 Verdicts in the U.S. in 2006, according to the annual publication issued in March. The VerdictSearch list highlights the most noteworthy cases of 2006, the attorneys, judges and expert witnesses involved, the injuries claimed, whether a settlement was offered, and whether Articles Nexis case is on appeal.

The case, The Graham Company v. USI Holdings Corp. and Thomas P. Haughey, ranked #97 on the list. A jury in the Federal Court in Philadelphia, Eastern District of Pennsylvania, awarded The Graham Company $18.9 million in June 2006 in the copyright infringement case and found that the insurance company infringed the competitor’s strategy manuals.

03-14-2007

Former Jenkens & Gilchrist Talent Choose Winstead. More Expected to Join
Winstead PC grows by 17 as 10 former Jenkens & Gilchrist attorneys and seven support staff move to the Winstead Office in the Frost Bank Tower. An additional five to nine attorneys are expected to join Winstead before the end of the month. According to Managing Shareholder Alex Gonzales, "We had visions of growing our Austin Office but this turned out much better than we expected. I have no doubt that together, we will bring many new client success stories to the Central Texas region."

New shareholders in Winstead's Austin Office include J. Rowland Cook, a corporate and securities attorney and former managing shareholder of the Austin Jenkens & Gilchrist Office; Andrew Kever, a corporate attorney with extensive regulatory, legislative, litigation and transactional experience; Albert R. Axe Jr. and Keith Courtney, environmental and administrative law attorneys who represent clients on regulatory, legislative, transactional and related litigation matters; John Menchaca II, a corporate attorney with extensive mergers and acquisitions, securities, and venture capital experience; and Kathryn K. Lindauer, a corporate attorney representing clients in public and private financings, mergers and acquisitions, and SEC compliance.

Other attorneys who have joined Winstead's Austin Office include Of Counsel Martha E. Smiley, a telecommunications veteran with legislative and administrative experience in public utility law and corporate associates Alexander R. Allemann, Mandy Jones Ford and Jennifer J. Kracht.

"This was a perfect match," said Gonzales. "We wanted to move our law firm forward and bolster our corporate, environmental and PUC regulatory presence and the J&G attorneys were looking for a firm that would understand their culture and give them the momentum to continue on their well- paved paths of success."

"Winstead was our choice because we felt that the Winstead law firm was already in front of the projects that matter to us and matter to the Central Texas region," said Cook. "The legal market in Austin is growing as new opportunities and economic growth bring new industries to the region. Winstead has an excellent reputation and we are proud to hang our hats in Winstead offices."

03-14-2007

Wiley Rein Partner Tim Brightbill Appointed to Serve on an Industry Trade Advisory Committee
Timothy C. Brightbill, a partner in Wiley Rein’s International Trade Practice, has been appointed to serve on an Industry Trade Advisory Committee (ITAC), a group that advises the Administration and government policy makers on trade negotiations. Jointly administered by the Department of Commerce and the United States Trade Representative (USTR), the ITACs—representative of the manufacturing and services sectors of the U.S. economy—provide a public-private forum to ensure that industry has a voice in formulating the country’s trade policy. Mr. Brightbill will be a member of ITAC-10, which oversees services and finance industries.

ITACs were established under the Trade Act of 1974 to ensure that trade negotiators were consulting with the private sector during negotiations. Policy makers rely on ITAC trade advisors to identify trade barriers and to provide advice on key objectives and bargaining positions for multilateral, bilateral, and regional trade negotiations, as well as other trade-related policy matters.

03-14-2007

Vedder Price Recognized as Top US Bankruptcy Law Firm
The law firm of Vedder Price was recognized as one of the leading bankruptcy law firms in the United States by The Deal. In a March 4 supplement, The Deal magazine ranked law firms and individual lawyers based on active cases and assignments.

Vedder Price ranked among the Top 30 law firms and two Shareholders: Michael L. Schein in the New York office and Eric Prezant are identified as Top Bankruptcy Lawyers in the report.

Mr. Schein joined Vedder Price from the New York law firm of Mintz Levin.* His practice encompasses all aspects of bankruptcy and restructuring, with a focus on creditor representation that extends to cases and transactions, both in bankruptcy proceedings and out-of-court restructurings. Michael’s practice and experience encompass a broad range of industries including telecommunications, high-technology, manufacturing and distribution, publishing, information services, financial services, energy, biotechnology, real estate, textile and retail. Michael also represents hedge funds and financial institutions as asset-based lenders and acquirers of distressed assets, including transactions involving DIP financings, plan exit financings and acquisition financings.

Mr. Prezant is headquartered in the Chicago office and focuses his practice in the area of corporate reorganization, bankruptcy and insolvency law. Mr. Prezant has experience representing a wide range of clients, including secured lenders, trustees, debtors, creditors’ committees and unsecured creditors. He has extensive experience representing clients in purchasing and selling assets of distressed companies. He also has a significant representation of financial institutions in repossessing and foreclosing on large equipment and aircraft throughout the world. Mr. Prezant is a frequent lecturer on bankruptcy, insolvency and creditors’ rights issues and co-authored both “Covering Your Assets; Doing Business with a Customer or Supplier Having Financial Difficulties,” published in the ACC Docket, September 2006 edition and “What To Do When The Customer or Supplier Is In Financial Trouble,” published in the Practical Lawyer by the American Law Institute-American Bar Association, February 2004; “Reclamation and Preferences Defenses Primer,” published by the Commercial Law League of America, April 1998; and “Involuntaries and Abstention– Section 303 and 305 of the Code,” Norton’s Annual Survey of Bankruptcy Law, 1997-1998 Edition.

03-14-2007

WIELAND TO SPEAK AT NEW HAMPSHIRE HIGH TECH COUNCIL HUMAN RESOURCES EXCHANGE
Diana Wieland, an attorney for the law firm Sheehan Phinney Bass + Green, will be discussing overtime exemptions and avoiding costly mistakes at the NH High Tech Council Human Resources Exchange.

The event will be held from 8:00am–9:30am on Wednesday, March 14, 2007, at Sheehan Phinney’s Manchester office; 1000 Elm Street, Manchester, NH. To register, please contact the NH High Tech Council, HR Exchange, c/o Sandy Banks, Sheehan Phinney Bass + Green.

The Human Resources Exchange provides HR managers, CEO’s, supervisors and other experienced professionals opportunities, through monthly breakfast meetings, a free e-mail bulletin board (NHLABORNET), surveys and publications, to share information and experiences in this often difficult but important area of management.

Diana’s practice focuses on employment and labor law representing management exclusively. She joined Sheehan Phinney, of counsel, in 2002 and has represented management in employment and labor law matters for more than twenty years. She has represented employers before the National Labor Relations Board, the EEOC, the U.S. Department of Labor, OFCCP and numerous states’ agencies. She also has worked with employers during union-organizing campaigns, negotiated labor agreements, and represented employers in arbitration cases. A frequent speaker on employment and labor topics for companies and seminar groups throughout the country, Diana has trained managers and supervisors in all areas of employment law and practice.

Sheehan Phinney Bass + Green is a regional business law firm with offices in Manchester, Concord and Lebanon, N.H., and Boston, Mass. The firm provides a broad range of sophisticated legal services to businesses and institutions in traditional and emerging areas of the law. Its diverse client base includes local and regional organizations, as well as national and international businesses with interests in the Northeast.

03-14-2007

Shapiro Sher Guinot & Sandler is Pleased to Announce Four New Partners
A partner in the firm’s real estate practice group, Arianne H. Monroe represents developers, lenders, tenants, and other entities in commercial real estate matters. She joins Shapiro Sher Guinot & Sandler after serving twenty years as corporate counsel to national real estate development companies.

From 1987 through 2004, Ms. Monroe served The Rouse Company as in-house counsel for community development, office and retail leasing, and property management. From 2005 until 2007, she worked as Senior Portfolio Counsel for Federal Realty Investment Trust, where she was responsible for legal operations throughout its entire portfolio. In these positions, she was involved in all legal aspects of developing, leasing, owning, and managing a portfolio of retail, office, and mixed-use properties.

Ms. Monroe’s services are distinguished by a comprehensive understanding of all the legal challenges faced by the firm’s real estate clients, and by the ability to counsel businesses in the development and management of all types of property.

Scott W. Foley
swf@shapirosher.com
410.385.4234

Scott W. Foley is a partner in Shapiro Sher Guinot & Sandler’s financial services group. He concentrates on bankruptcy litigation, creditors’ rights, and commercial litigation. He regularly represents debtors, trustees, committees, and secured and unsecured creditors in Chapter 11 reorganizations and liquidations, and in complex Chapter 7 cases. He has successfully represented clients in the healthcare, retail, and real estate industries. His bankruptcy litigation experience includes hundreds of cases involving avoidance actions and disputes involving automatic stay relief.

A skilled commercial litigator, Mr. Foley has also achieved favorable results in commercial disputes for a variety of clients. He regularly represents financial institutions, equipment lessors, and landlords before state and federal courts in Maryland, the District of Columbia, and Virginia. In addition, he represents indigent Baltimoreans pro bono through Maryland Volunteer Lawyers Services. Mr. Foley joined Shapiro Sher Guinot & Sandler as an associate in 2000 and graduated from the University of Baltimore School of Law in 1997.

Paula D. Miller
pdm@shapirosher.com
410.385.4265

Paula D. Miller is a partner in the firm’s business law department. She represents publicly and privately held companies with respect to debt and equity securities offerings, private placements, mergers and acquisitions, and general business matters. She also advises clients on obligations arising under federal securities laws, including general disclosure requirements and periodic reporting obligations.

Ms. Miller’s experience extends into many industries, including healthcare, software, and biotechnology. Her clients benefit from her background in business and economics. Prior to becoming an attorney, she worked for the U.S. Treasury Department as an economist in the area of corporate taxation. Additionally, she holds an MBA from Loyola College in Maryland. During law school at the University of Maryland, she served as a law clerk intern for the Honorable Diana G. Motz of the U.S. Fourth Circuit Court of Appeals. She began her professional legal career at Hogan & Hartson as an associate in 2000 and joined Shapiro Sher Guinot & Sandler as an associate in 2005.
Benjamin L. Polakoff
blp@shapirosher.com
410.385.4284

Benjamin L. Polakoff is a partner in the firm’s real estate practice group. He represents clients in all aspects of real estate acquisition, financing, development, leasing, and disposition. He has wide-ranging experience representing developers, lenders, and investors in mixed-use, office, industrial, retail, single and multi-family subdivision, hospitality, sports, and entertainment projects. Mr. Polakoff has extensive experience representing both landlords and tenants in retail, office, and industrial space and ground lease transactions. He also advises clients on general business matters, including business entity formation and governance issues. He joined Shapiro Sher Guinot & Sandler as an associate in 2000. Mr. Polakoff received his J.D. from The University of Maryland School of Law in 1998, and his B.A. in Philosophy from Emory University in 1995.

03-14-2007

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