Law Firm News

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Law Firm News

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Skadden, Arps, Slate, Meagher & Flom LLP

Centro to Acquire New Plan Excel
Skadden is representing Centro Properties Group (Australia), a real estate investment trust and a developer and manager of shopping malls, in its approximately US$6.2 billion acquisition via a tender offer of New Plan Excel Realty Trust, Inc., a real estate investment trust, an owner of neighborhood shopping centers and a manager of retail properties.

03-14-2007

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Skadden, Arps, Slate, Meagher & Flom LLP

Oracle Acquires Hyperion Solutions
Skadden is representing Hyperion Solutions Corporation, a provider of business analysis and performance management software, in its approximately $3.3 billion acquisition via a tender offer by Oracle Corporation, a designer of computer database and file management software.

03-14-2007

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O'Melveny & Myers, LLP

Allen Writes on "Peace of Mind for a Private Seller"
O'Melveny partner Terry Allen authored the article "Peace of Mind for a Private Seller: Owners and their lawyers can secure post-deal protections," published in the Mergers & Acquisitions Journal. The sale agreement will be the seller's first line of defense after the deal closes. In the article, Allen identifies a dozen provisions that can provide post-deal protection if they can be worked out before the agreement is signed.

03-14-2007

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Wyeth Sues Fourth Drug Maker Over Generic Effexor
Finnegan Henderson client Wyeth Pharmaceuticals has sued a fourth generic drug maker for patent infringement related to its antidepressant Effexor XR. The latest suit, filed on March 12 in Maryland’s federal court, claims India’s Lupin Ltd. and its U.S. arm Lupin Pharmaceuticals violated three of Wyeth’s patents when it applied to the federal drug agency for approval to market a copy of Effexor XR.

03-14-2007

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Young Conaway Stargatt & Taylor, LLP

Malfitano Brokers Deal Between Montgomery Ward, LLC and OTC International, Ltd. To Resolve Longstanding Dispute
Joseph A. Malfitano, an attorney in the Bankruptcy and Corporate Restructuring Section of Young Conaway Stargatt & Taylor, LLP, recently successfully mediated the contentious dispute between Montgomery Ward, LLC and OTC International, Ltd., which has been ongoing for over four years.

The dispute arose after Montgomery Ward commenced an adversary proceeding in the United States Bankruptcy Court for the District of Delaware on September 25, 2002 against OTC in an effort to avoid and recover approximately two million dollars in certain alleged preferential transfers (Adv. Case No. 02-9282 (RTL)). After four days of trial, two in August 2005 and two in July 2006, the Bankruptcy Court ultimately ruled in favor of OTC and found that there was no cause of action based on the ordinary course of business defense under section 547(c)(B) and (C) of the Bankruptcy Code. Montgomery Ward appealed the various decisions to the United States District Court for the District of Delaware (Case No. 06-639).

As a member of the Bankruptcy Appellate Mediation Panel for the United States District Court for the District of Delaware, Malfitano was appointed and charged with trying to bring peace to the situation. After an extended mediation session, the parties were able to bridge the gap to resolve their disputes to avoid further litigation in the District Court.

"Successful mediations are ones in which, the parties engage in reasoned discussions of the issues that separate them, of options for settlement, and of the risks, opportunities and costs that each party faces if a settlement is not reached,” said Joe Malfitano. “This was a successful mediation.”

Malfitano is a member of the Appellate Mediation Panel for the United States District Court for the District of Delaware and the mediation panel for the United States Bankruptcy Court for the District of Delaware.

03-14-2007

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Morris, James, Hitchens & Williams LLP

RICHARD GALPERIN BECOMES A FELLOW OF THE AMERICAN COLLEGE OF TRIAL LAWYERS
Morris James LLP is pleased to announce that partner Richard Galperin has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America.

The induction ceremony took place during the 2007 Spring Meeting of the College in La Quinta, CA.

Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have minimum of fifteen years trial experience before they can be considered for Fellowship.

Membership in the College cannot exceed one percent of the total lawyer population of any state or province. There are currently approximately 5,000 members in the United States and Canada, including active Fellows, Emeritus Fellows, Judicial Fellows (those who ascended to the bench after their induction) and Honorary Fellows.

The College strives to improve and elevate the standards of trial practice, the administration of justice and the ethics of the trial profession. Qualified lawyers are called to Fellowship in the College from all branches of trial practice. They are carefully selected from among those who customarily represent plaintiffs in civil cases and those who customarily represent defendants, those who prosecute accused of crime and those who defend them. The College is thus able to speak with a balanced voice on important issues affecting the legal profession and the administration of justice.

03-14-2007

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Morgan, Brown & Joy, LLP

MBJ Partner Testifies Before Vermont Legislature About Maintaining Secret Ballot Elections for Union Certification Instead of Card Check Approach
Nick DiGiovanni testified before a Vermont legislative committee about employers’ need to preserve the secret ballot election method as the sole means of union certification. Mr. DiGiovanni, testifying against passage of a pending bill that would allow unions to be certified through a simple card check majority rather than an election, explained that the right of employees to vote by secret ballot as to whether or not they want to be represented by a labor organization has been a sacred right in this country and in Vermont for decades.

03-14-2007

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