Law Firm News

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Law Firm News

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Fenwick & West, LLP

Fenwick & West Obtains $74.7 Million Patent Litigation Verdict for Asyst Technologies
On January 31, 2007, a federal jury sitting in the United States District Court for the Northern District of California in San Jose, returned a unanimous verdict in favor of Fenwick & West client Asyst Technologies, Inc. The successful verdict is a result of the company's long-pending patent lawsuit against Emtrak, Inc., Jenoptik AG and others. The verdict validated Asyst's patent no. 5,097,421, relating to its innovative Smart Traveler technology, and awarded Asyst damages of $74.7 million for infringement, including price erosion damages on an entire market value theory. Had this verdict come in 2006, it would have been the fifth largest patent verdict for that year, based on a report by Bloomberg News.

"This is a terrific outcome for our client Asyst, which has steadfastly asserted the validity of this patent for almost a decade," stated Darryl Woo, who has represented Asyst since 1998, including through two appeals to the Federal Circuit. "We are delighted the jury was able to determine that Asyst's patent was valid and that the defendants had infringed Asyst's award-winning technology."

Steve Debenham, Vice President and General Counsel for Asyst, said, "We are very pleased with the jury's decision and the validation of our patented market-leading Smart Traveler technology. We are also very grateful for the extraordinary skill, commitment and tireless efforts over many years of our trial counsel at Fenwick & West to get this case to a jury and obtain such a clear victory."

The Fenwick & West trial team was led by Darryl Woo, chair of the firm’s patent litigation group, and included partner Michael Sacksteder and litigation group attorneys David Schumann, Joseph Belichick, Karen Server, Jeffrey Lasker and Mashhood Rassam.

The verdict is subject to post-trial motions, which could take several months to resolve.

02-01-2007

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Ellis & Winters

George Sanderson III named partner
Ellis & Winters LLP is pleased to announce that George F. Sanderson III has become a partner with our firm.

Mr. Sanderson is a graduate of New York University School of Law, where he served as the Executive Editor of the New York University Journal of Legislation and Public Policy.

Mr. Sanderson will continue his practice in complex commercial litigation.

02-01-2007

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Curtis, Mallet-Prevost, Colt & Mosle, LLP

Curtis Partner Frank Russo, Counsel Stephen W. Duffy and Associates Carlos Longoria and Cristina Ramos advised Hilton Koch, owner and president of Hilton Mattress, one of Houston’s most successful and recognizable businesses, in his US$10 million purchase of the WNBA Houston Comets
Curtis partner Frank Russo, counsel Stephen W. Duffy and associates Carlos Longoria and Cristina Ramos advised Hilton Koch, owner and president of Hilton Mattress, one of Houston’s most successful and recognizable businesses, in his US$10 million purchase of the WNBA Houston Comets.

02-01-2007

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Buckingham, Doolittle & Burroughs, LLP

Steven G. Hemmert Joins the Boca Office of Buckingham, Doolittle & Burroughs, LLP
The law firm of Buckingham, Doolittle & Burroughs, LLP (“BDB”), is proud to welcome Steven G. Hemmert, an Associate, resident in the Boca Raton office. The addition of Mr. Hemmert increases the office to 17 attorneys, and strengthens its Litigation practice.

Mr. Hemmert is experienced in representing litigants in state and federal court proceedings, including depositions and pre-trial hearings. He has represented major broker-dealers in N.A.S.D. and N.Y.S.E. securities arbitrations. In addition, Mr. Hemmert has conducted all phases of arbitration, including discovery practice, settlement negotiations and witness examinations. He is a former Assistant State Attorney for the 11th Judicial Circuit in Miami, Florida, as well as, a former Commander, 528th Special Operations Support Battalion, Main Support Company, of the United States Army Reserve.

Mr. Hemmert earned his J.D. from Boston University School of Law (1999). While in law school, Mr. Hemmert was a Case and Note Editor of the Boston University International Law Journal. He authored Peace-Keeping Mission SOFAs: US Interests in Criminal Jurisdiction (17 B.U. Int’l L.J. 215). Additionally, he attended the University of California, Santa Barbara and received his B.A. in History (1996). He was awarded the ROTC Merit Based Scholarship and he was the Director of Fraternity Education for the Phi Kappa Psi fraternity. Mr. Hemmert is admitted to practice law in Florida and California.

Mr. Hemmert currently resides in Coral Springs, Florida.

02-01-2007

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Bryan Cave LLP

Partner Advises on Navigating Foreign Markets in 'Business Journal'
With many large U.S. companies either selling products overseas or opting to outsource jobs there, small and mid-sized guys might be tempted to try it, too. But Bryan Cave LLP Partner Frank Placenti says to proceed with caution.

Placenti recently told The Business Journal of Phoenix that marketing costs in other countries can be substantial, and practices such as “gift giving,” while not allowed under U.S. law, may very much be expected at the local level overseas. In addition, he said, outsourcing production “often saves less than expected, given the problems associated with government compliance and operational and cultural differences.”

Co-leader of the Transactions Client Service Group, Placenti was featured Jan. 26 in a Business Journal special report on the global economy. Placenti’s practice emphasizes the representation of public companies, private equity firms and broker/dealers with respect to capital formation, fund formation, securities and corporate law, regulatory compliance and mergers and acquisitions. He has substantial experience in corporate governance, antitakeover and shareholder relations matters.

Click on the attachment below to read the full Business Journal article. Santa Monica Partner Evan Chuck consulted with Placenti on the matters discussed in the article.

02-01-2007

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Brown & Brown

BROWN RUDNICK ELECTS SIX ATTORNEYS TO THE FIRM PARTNERSHIP
Brown Rudnick, a premier international law firm, today announced that it has elected six attorneys to the partnership: James E. Bedar, Mary D. Bucci, Adam B. Cantor, Robert L. Harris, Brian J. Lamoureux and Michael E. Shanahan. Brown Rudnick’s CEO Joseph F. Ryan commented, “We congratulate these six exceptional attorneys on their elevation to partner status, and look forward to their future success on behalf of the firm’s clients.”

James E. Bedar concentrates on corporate finance, securities law, mergers and acquisitions and general corporate law. He represents domestic and international publicly traded corporations and emerging growth companies, primarily in the transportation, manufacturing, high technology and biopharmaceutical industries. Mr. Bedar counsels clients about public and private offerings of securities, ongoing SEC reporting requirements and corporate governance issues. Mr. Bedar advises hedge funds and other organizations about shareholder activist strategies and counsels directors and officers about their fiduciary duties and related matters. Mr. Bedar also has experience guiding clients in establishing strategic alliances and in negotiating and drafting a wide array of commercial contracts.

Mary D. Bucci represents institutional lenders in commercial lending transactions, workouts and reorganizations. She concentrates on the documentation, structuring and recovery of corporate and asset-based loans, including multi-lender syndicated loans, first and second lien loans, term and revolving credit facilities, working capital loans, senior and subordinated debt loans, acquisition loans and equity co-investments. Much of Ms. Bucci’s practice has involved specialty lending, including to manufacturers, retailers and distributors. Ms. Bucci also has extensive experience in negotiating intercreditor agreements, subordination agreements and security documents and in the creation and perfection of liens and security interests in all types of collateral under the Uniform Commercial Code and other applicable state and federal laws. She also has experience representing creditors’ committees, bondholders, and other creditors and debtors in insolvency proceedings. Ms. Bucci frequently advises clients on bankruptcy and creditors’rights issues, in connection with matters in and out of Bankruptcy Court, and she regularly appears in state court in connection with prejudgment relief and other civil litigation.

Adam B. Cantor practices primarily in the areas of ERISA, employee benefits, employment law, executive compensation and business succession planning. In his practice, he represents a diverse group of public and private companies, partnerships, limited liability companies, hedge funds and nonprofit organizations. Mr. Cantor advises clients in the design, operation and administration of qualified and nonqualified retirement plans, equity compensation plans and welfare benefit plans. He has substantial experience in advising clients on compliance with ERISA and SEC fiduciary, reporting and disclosure requirements, the use of ESOPs for business succession and/or corporate financing purposes and the implementation of strategies to resolve complex employee benefits-related issues triggered by corporate transactions. Mr. Cantor counsels both companies and executives/key employees in the structuring and negotiation of executive/key employee compensation and benefits packages.
Robert L. Harris has a diverse litigation practice, with a particular emphasis on bankruptcy and creditors’ rights litigation. He frequently advises clients on all aspects of the bankruptcy process, including plan confirmation hearings, valuation proceedings and fraudulent transfer and preference litigation. Mr. Harris also has extensive experience in representing media clients in First Amendment and access-related matters, including successfully unsealing government records and pleadings in various civil and criminal cases. He has litigated in federal, state and bankruptcy court.

Brian J. Lamoureux has a very diverse commercial litigation practice with particular emphasis on surety, construction, employment, student loan, and banking matters. He regularly appears in state, federal and bankruptcy courts in Rhode Island, and has considerable experience in telecommunications zoning and related litigation, state receivership law, structured settlement matters, and medical records issues. In addition,Mr. Lamoureux has successfully argued before the First Circuit Court of Appeals and was trial co-counsel in the successful defense of a multi-million dollar contract claim in federal court.

Mr. Lamoureux serves on the Board of Directors for the Brown Rudnick Charitable Foundation and two other community-based not-for-profit organizations that focus on innercity education and literacy. He also served as an adjunct lecturer of Constitutional Law at the University of Rhode Island.

Michael E. Shanahan practices in the area of intellectual property with an emphasis on intellectual property litigation including, patents, trademarks, copyrights, unfair competition and misappropriation of trade secrets. He also has extensive experience counseling clients in transactional and patent prosecution matters regarding patents and other forms of intellectual property. As a registered patent attorney, Mr. Shanahan devotes a substantial part of his practice to counseling clients on enforcing, acquiring, evaluating, licensing and protecting intellectual property assets. He represents clients in a wide range of technologies such as computer software, electronics, financial and business methods, complex physics technologies, medical devices, gaming systems, chemical technologies, telecommunications systems and fiber optics, mechanical and electro mechanical devices, manufacturing technologies, aerospace systems, gas turbines and construction tools.

02-01-2007

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Weil, Gotshal & Manges, LLP

Weil Gotshal Advises SunCom Wireless in US $679.3 Million Restructuring
Weil, Gotshal & Manges LLP, the international law firm, advised SunCom Wireless Holdings, Inc., a leading provider of digital wireless communications services, on a debt-for-equity exchange intended to reduce its debt by approximately $679.3 million and annual interest payments by approximately $62 million.

The company and its subsidiaries have reached a consensual agreement with bondholders who hold or beneficially own more than 91% of the outstanding 9-3/8% Senior Subordinated Notes due 2011, and 8-3/4% Senior Subordinated Notes due 2011of its indirect, wholly owned subsidiary, SunCom Wireless, Inc., to exchange their notes for approximately 87% of SunCom Wireless Holdings' common stock.

The transaction is expected to be complete in the second quarter of 2007, subject to approval by SunCom Wireless Holdings, Inc. shareholders, regulatory approval and other customary closing conditions. Prior to the exchange, the company will effect a merger transaction with one of its wholly owned subsidiaries.

SunCom Wireless Holdings, Inc. is a leader in offering digital wireless communications services to more than 1 million consumers in the Southeastern United States, Puerto Rico and the U.S. Virgin Islands.

02-01-2007

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