Law Firm News

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Law Firm News

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Foley Hoag LLP

Foley Hoag Selected as one of 2007 Top 100 Law Firms for Diversity
Foley Hoag LLP has been selected as one of Multicultural Law’s 2007 Top 100 Law Firms for Diversity.

Multicultural Law addresses diversity in the legal profession by encompassing power, leadership, and integrity. Multicultural Law is a breath of fresh air for the legal community. Our readers are accomplished lawyers in need of advice, information, and motivation that Multicultural Law provides.

Multicultural Law is in its third year and has a circulation of over 40,000 professionals in the legal community. Distribution includes a variety of legal organizations, such as the National Bar Association, National Asian Pacific American Bar Association, and the National Hispanic Bar Association. Multicultural Law is mailed to every fortune 500 and 1000 General Counsel Office and ABA Accredited Law School Career Office.

03-12-2007

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Foley Hoag LLP

Massachusetts Wage and Hour Laws: What Every Manager Needs to Know Publication Available from Foley Hoag
Foley Hoag Partner James W. Bucking has authored a primer, Massachusetts Wage and Hour Laws: What Every Manager Should Know. The publication, available online and in print, provides an overview of the basic requirements of federal and state wage and hour laws.

The book contains up-to-date information about Massachusetts laws pertaining to independent contractor status and changes to the federal Fair Labor Standards Act (FLSA).

"Much has been written about an employer’s duties under sexual harassment and discrimination laws, but less about wage/hour laws and whether a worker is properly classified as an employee or independent contractor," said the author. "In recent years, several big cases have shown how misclassifying workers as independent contractors or failing to obey wage/hour laws can lead to expensive lawsuits and large damage awards. Many of these laws are arcane and employers can easily fall into several different small traps. The problem is that now, plaintiff’s lawyers are bringing class action lawsuits by aggregating these small individual problems into one big, company-wide complaint. This has led to an explosion in litigation of these kinds of claims. The book is intended as a reference guide for employers so that they are aware of the common traps."

James W. Bucking is a partner in the Labor & Employment Department at Foley Hoag LLP and serves as deputy coordinator of the practice, one of the largest and best-known in New England. He advises corporations and other employers in union disputes, wage/hour issues, discrimination and other labor and employment matters.

Massachusetts Wage and Hour Laws: What Every Manager Needs to Know is available at foleyhoag.com/publicationslist.asp or for hard copies, please contact Natalie Shaw at nshaw@foleyhoag.com.

03-12-2007

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Foley Hoag LLP

Nicola Lemay Joins Tax Practice at Foley Hoag
Foley Hoag LLP announced today the addition of Nicola Lemay to its Tax Department as a Partner in the firm’s Boston office.

Nicola joins Foley Hoag most recently from WilmerHale, where she focused on a wide array of domestic and international tax planning matters. Nicola has advised public and private clients on domestic and international business formations, private fund formations, partnership and corporate transactions and restructurings, and debt and equity financings.

Prior to WilmerHale, Nicola practiced at the former Testa, Hurwitz & Thibeault. Earlier in her career, she was a tax manager in the mergers and acquisitions division of Ernst & Young.

Nicola is a co-chair of the Federal Tax and Business Transactions Committee of the Tax Law Section of the Boston Bar Association, and speaks frequently on tax issues in bar association and continuing legal education programs. Nicola received her J.D. from Columbia Law School where she was a Harlan Fiske Stone Scholar, and received an M.B.A. from Columbia Business School. She earned her undergraduate degree at Carleton College.
Foley Hoag's Tax Practice features depth and breadth of experience in international tax planning and tax planning for investment managers, hedge funds and other investment funds. The firm structures both inbound and outbound mergers, acquisitions, and other investments. Lawyers in the practice also offer state-of-art tax planning for onshore and offshore funds, master-feeder and multi-class partnership structures to accommodate investors’ varying tax profiles and various carried-interest arrangements for managers and affiliates. In addition, Foley Hoag provides advice regarding the establishment of qualified benefit plans and deferred compensation, bonus plans, vesting equity participation, and other matters relating to executive compensation and ownership.

03-12-2007

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Brown, Raysman, Millstein, Felder & Steiner, L.L.P.

Thelen Prevails for CAP Wireless in 18-Month Patent Infringement Battle
After an 18-month legal battle over two patents owned by the University of California and licensed to Wavestream Corporation, Thelen Reid Brown Raysman & Steiner LLP client CAP Wireless was granted summary judgment of noninfringement of all claims of both patents in the U.S. District Court, Central District of California.

At issue were two patents for complex solid-state microwave spatial power combiner technology for use in radar and satellite communications, which CAP Wireless was developing under contract with the U.S. Air Force.

When Wavestream filed an infringement suit against CAP Wireless over the patents, the company turned to the Intellectual Property litigation team at Thelen. Partners David Ritchie and Bob Camors from the firm's Silicon Valley office and Brooks Marshall from the Los Angeles office led CAP Wireless' defense, with assistance from Silicon Valley associate Richard Swope.

The plaintiff was represented by attorneys from the Los Angeles office of Morrison & Foerster LLP.

At the first case management conference, the court declined to set a Markman hearing, and ordered that summary judgment would be the vehicle for claim construction. After a lengthy discovery phase, the court adopted nearly all of Thelen's motion for summary judgment of noninfringement.

The plaintiff's team then attempted to make a case of indirect infringement under the Doctrine of Equivalents, but this, too, was rejected by the court, which ultimately granted CAP Wireless summary judgment of noninfringement on all remaining claims.

"One of the key holdings in the court's order was that the plaintiff never developed its case beyond 'reserving the right' to allege infringement under the doctrine of equivalents during discovery," said Thelen team leader David Ritchie. "The court ruled that it was too late to do so in the opposition to the motion for summary judgment of noninfringement."

The plaintiff's legal team did not produce any facts or evidence in response to interrogatory requests, did not discuss infringement under the doctrine of equivalents in its expert report, and made no move to supplement its discovery responses after the claim construction order. Therefore, the court found that the plaintiff was unable to show a genuine issue of material fact in its opposition to CAP Wireless' motion.

03-12-2007

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Kirkland & Ellis

Kirkland & Ellis International LLP Advises CCMP Capital in Acquisition of BOC Edwards
Kirkland & Ellis International LLP is advising private equity firm CCMP Capital in a major £505m acquisition that was announced today.

CCMP Capital, through affiliates of CCMP Capital Advisors LLC and CCMP Capital Asia, Ltd., premier international private equity firms, reached agreement with The Linde Group, the global gases company, to acquire BOC Edwards, a leading manufacturer of vacuum equipment. The deal is valued at €685m (£460m), with an additional payment of €65m (£45m) if CCMP Capital is successful in developing the business and subsequently exiting its investment.

BOC Edwards is a leading global supplier of equipment and services to the world’s most advanced industries, including semiconductor, flat panel display, chemical, metallurgical, analytical instrumentation and R&D. It supplies major manufacturers in Asia, Europe and the Americas through a worldwide manufacturing and sales network.
Kirkland London partner Graham White is leading the deal team for CCMP. This is a multi-jurisdictional deal in 19 countries. The financing work is being done in the U.S.

The Kirkland team also included London partners Raymond McKeeve, Rory Mullarkey and Pierre-Andre Dubois along with London associates Philip Crump, Ross Allardice, Chris Kennedy, Nicola Wiles, Sophie Allen, Pierfrancesco Carbone, Frank Webster and legal assistant Richard Lee.

The Kirkland New York team is led by partners Kirk Radke, Geoffrey Levin and Jason Kanner.

03-12-2007

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King & Spalding

Why King & Spalding is King
This article from the Atlanta Business Chronicle explores the incredible growth and success that King & Spalding experienced in 2006.

03-12-2007

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Ice Miller LLP

James Burns joins Ice Miller's Drug and Device Practice Group
Ice Miller LLP is pleased to announce that James Burns has joined the Firm as a senior counsel in its drug and device group. He represents clients in a wide range of litigation matters related to pharmaceutical and medical device products. He also counsels clients on matters of corporate compliance and risk management.

After nearly 28 years of service, Burns retired as assistant general counsel of Eli Lilly and Company where he managed litigation in areas such as, product liability, intellectual property, antitrust, human resource as well as general commercial litigation. During his career at Lilly, he also served as general counsel to Elizabeth Arden, Inc. and Elanco Products Company. Before joining Ice Miller, Burns was with another large law firm in Indianapolis.

Burns received his bachelor of science degree in political science from Indiana University and earned his juris doctorate from Indiana University – Indianapolis, where he currently serves as chairman of the Board of Visitors.

Ice Miller's lawyers and business professionals, through their understanding of businesses, industries, and government entities, help simplify the complexities faced by its clients. Ice Miller is committed to helping its clients achieve their legal and business goals. The Firm has offices in Indianapolis, Indiana; Chicago, Illinois; Naperville, Illinois; and Washington, D.C.

03-12-2007

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