Law Firm News

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Law Firm News

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Dykema Gossett PLLC

Stephen Bolerjack Joins Dykema
Dykema announces that Stephen D. Bolerjack has joined the firm as Of Counsel in its Litigation Department. Prior to joining Dykema, Mr. Bolerjack was employed by Ford Motor Company for 26 years, providing antitrust counseling for Ford, its domestic subsidiaries and foreign affiliates. He has extensive experience in pricing, price fixing, promotions, mergers, joint ventures, dealer terminations, distribution restraints, joint purchasing, monopolization, tying and price discrimination matters. He is also experienced in significant antitrust litigation. Mr. Bolerjack provided antitrust advice on all mergers, divestitures, and joint ventures involving Ford, and handled premerger reporting for the transactions. He handled all contacts with the Federal Trade Commission and the Antitrust Division of the Department of Justice, including responses to requests for information and investigations.

Mr. Bolerjack is Chairman of the Competition Task Force, National Association of Manufacturers; Member of the Antitrust Council, U.S. Chamber of Commerce; and a Member of the Trade Policy Committee, United States Council for International Business. He was Founding Member of Ford’s Pro Bono Committee in 1984 and Chairman from 1993-2006. In 2003 he received the Pro Bono Service Award from the Detroit Metropolitan Bar Association.

Mr. Bolerjack received his B.B.A., with high distinction, and his J.D., cum laude, from the University of Michigan.

01-30-2007

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Womble Carlyle Sandridge & Rice, PLLC

Womble Carlyle Welcomes Experienced Greenville Lawyers
Womble Carlyle Sandridge & Rice, PLLC today announced that Jermaine Johnson, Lyn Odom and Christine Sloan have joined the firm's Greenville, SC office. Johnson will join the firm as an associate and Odom and Sloan will work in an of counsel and senior counsel capacity, respectively.

"We are pleased to have these new lawyers join our office," said Larry Estridge, the managing member of Womble Carlyle's Greenville office. "Each lawyer brings extensive experience in the law and business which will enable them to provide outstanding client service in each of their practice groups."

Johnson joins Womble Carlyle as an associate in the firm's Business Litigation Practice Group. He comes to Womble Carlyle from Collins & Lacy P.C. in Columbia where he served as a law clerk. Johnson focuses his practice in business litigation. Johnson received his J.D. from the University of South Carolina School of Law where he was Captain of the American Bar Association Moot Court Team and a member of the Order of Barristers. He received his bachelor's degree in chemistry from Clemson University. Prior to attending law school, Johnson worked as a scientist for Westinghouse Savannah River Company.

Odom joins Womble Carlyle's Tax Practice Group as of counsel and concentrates his practice in state and local taxation and related matters, including economic development. Odom brings four years of experience with the South Carolina Department of Revenue in Columbia, where he served as Counsel for Revenue Litigation, and several years of private tax practice. Odom also served as an adjunct professor at the University of South Carolina School of Law from 2004 through 2006. Odom received his bachelor's degree in political science from the University of South Carolina and his J.D., cum laude, from the University of South Carolina School of Law where he was a member of the Order of Wig and Robe, Dean's List and President's List. Odom also obtained his LL.M. in Taxation from the Graduate Tax Program at the University of Florida College of Law.

Sloan joins Womble Carlyle's Real Estate Practice Group as senior counsel where she focuses her practice in commercial real estate. Sloan comes to Womble Carlyle from the Sixth Judicial Circuit Solicitor's Office where she served as an Assistant Solicitor for both the Fifth and Sixth Judicial Circuit over the past eight years prosecuting various crimes. Prior to her work with the solicitor's office, Sloan was a partner with Sloan and Associates, L.L.C. in Winnsboro and was an associate with Nelson Mullins Riley & Scarborough, LLP in Columbia.

Sloan has been active in a variety of professional and civic organizations throughout South Carolina, including: the South Carolina Governor's Advisory Board for Victim Services; South Carolina Assessment and Resource Center; South Carolina Rape Crisis Network; AIDS Benefit Foundation; Community Law Week Planning Committee and the Columbia Museum of Art.

She received her bachelor's degree in political science from the University of South Carolina where she was on the dean's list and a member of the Order of Omega National Greek Leadership Society. She earned her masters of mass communications from the University of South Carolina School of Journalism and obtained her J.D., cum laude, from the University of South Carolina School of Law. During law school, she was the recipient of several awards, including: the James Petigru Compleat Lawyer Award, the Pro Bono Service Award and the American Jurisprudence Award, Torts I. She was also a member of the Order of the Coif, Order of the Wig and Robe, John Belton O'Neall Inn of Court and the South Carolina Law Review. After law school she received the 1995 Advocacy Award presented by the South Carolina Coalition Against Domestic Violence and Sexual Assault.

01-30-2007

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Willkie, Farr & Gallagher, LLP

Firm Advises S.A.C. Capital in $3.8 Billion Investor Consortium Acquisition of Laureate Education
Laureate Education, Inc., the world's leading international provider of higher education, announced that it has entered into a definitive agreement under which an investor group including Willkie client S.A.C. Capital Management, LLC will acquire Laureate in an all cash transaction for $60.50 per share, or approximately $3.8 billion. In addition to S.A.C., the investor consortium, which is being led by Douglas L. Becker, Laureate’s CEO, comprises Kohlberg Kravis Roberts & Co., Citigroup Private Equity, SPG Partners, Bregal Investments, Caisse de depot et placement du Quebec, Sterling Capital, Makena Capital, Torreal S.A., and Southern Cross Capital. With 25,000 employees, Baltimore, MD-based Laureate has over 240,000 students enrolled in a broad range of career-oriented undergraduate and graduate programs in 15 countries. The deal was handled by partners Robert Stebbins and Cornelius Finnegan.

01-30-2007

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Rendigs, Fry, Kiely & Dennis, L.L.P.

Three Rendigs, Fry, Kiely & Dennis, L.L.P. Attorneys Named Leading Lawyers by Cincy Business Magazine
Rendigs, Fry, Kiely & Dennis, L.L.P. is proud to announce that the following attorneys have been named "2007 Leading Lawyers" by Cincy Business Magazine: W. Roger Fry, Peter L. Ney, and Leonard A. Weakley, Jr.

Hundreds of members from the Tri-state legal community nominate colleagues for this honor, specifying a particular strength and area of practice. To ensure fairness and impartiality, a jury of peers made the final selections.

W. Roger Fry, a partner with Rendigs, was recognized for his work in Construction. His practice includes commercial litigation, construction law, insurance coverage, premises liability, and real estate.

Peter L. Ney, a partner with Rendigs, was recognized for his work in Personal Injury. His practice includes commercial litigation, estate planning and probate, personal injury, personal/family services, and product liability.

Leonard A. Weakley, Jr., a partner with Rendigs, was recognized for his work in Construction. His practice includes architect and engineer liability, construction law, government/public contracting, professional liability, and real estate.

01-30-2007

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Norris, Mclaughlin & Marcus, P.A.

Norris McLaughlin Welcomes Fellow Meritas Members in China
Companies seeking to do business in China need to engage Chinese counsel to navigate the thicket of government regulations. With the addition of the Beacon Law Firm of Beijing and Gallant Y.T. Ho & Co. of Hong Kong to the Meritas network, the Somerville law firm of Norris McLaughlin & Marcus can assist companies seeking to participate in the rapidly expanding Chinese economy by either establishing operations in China or entering into transactions with Chinese companies.

“Very few multinational law firms or networks have working relationships with indigenous Chinese law firms of the caliber of the Meritas firms,” said Joel Jacobson, a senior member of Norris McLaughlin & Marcus and the primary Meritas contact for the firm. The Beacon and Gallant firms are exempt from regulations imposed on foreign firms, and enjoy an excellent relationship with numerous Chinese government agencies. Substantially all of the attorneys in these firms are fluent in English and knowledgeable about both the Chinese legal system and the nuances of doing business in China.

Norris McLaughlin has already worked with the new Chinese Meritas firms on several important matters. One such matter involves litigation in China arising from the importation of specialty tires from Chinese companies. According to Larry Lavigne, the Norris McLaughlin attorney handling this matter, “The Beacon firm has provided invaluable assistance to our client. The responsiveness of that firm to our client’s needs, especially during its visits to China, has been wonderful.”

Beacon Law Firm is a private partnership established in 1995. The firm is a general practice firm, with focus on corporate law and commercial transactions. Major areas of the firm's practice are corporate restructuring, mergers and acquisitions, international trade and investment, real estate, finance, securities, and intellectual property.

Established in 1977, Gallant Y.T. Ho & Co. is one of the largest firms in Hong Kong. In addition to banking, real estate and litigation work, which are the backbone of its services, Gallant is particularly noted for its cross-border legal services.

01-30-2007

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Nixon Peabody LLP

Nixon Peabody and the Mississippi Center for Justice Team Up to Spread the Word about the Mississippi Homeowner Assistance Grant Program
Boston, MA. Understanding Mississippi’s Homeowner Assistance Grant Program has just gotten easier thanks to a team of attorneys from Nixon Peabody LLP, a full-service law firm with more than six hundred attorneys nationally, and the Mississippi Center for Justice (MCJ), the Jackson- and Biloxi-based nonprofit, public interest law firm. Together, they have produced a new manual and website, already in use, that gives detailed explanations of the homeowner grant program and its appeals process.

The Mississippi Center for Justice (MCJ) recently approached Nixon Peabody for assistance in assembling materials to help Mississippi homeowners, and the volunteer attorneys aiding them, with appeals under the State’s Homeowner Assistance Grant Program. A team of attorneys from Nixon Peabody quickly created a manual about the housing grant program, pro bono, which means its services were offered for free. The manual can also be used to help volunteer attorneys determine if a homeowner is eligible for a grant. The manual is now available for use at free legal clinics that the MCJ is holding, with the next scheduled clinics taking place January 19 th in Biloxi, Bay St. Louis, Gautier, and Gulfport. Area residents are encouraged to attend an upcoming clinic in order to meet with a volunteer attorney who can review the grant program and help determine their eligibility. Nixon Peabody has also established a Mississippi Homeowners’ Assistance Grant Program special resource site at http://micdbgappeals.nixonpeabody.com/default.aspx

Jeffrey W. Sacks, a partner in Nixon Peabody’s Affordable Housing practice, stated, “Giving back to the community through pro bono service is a part of the fabric of Nixon Peabody. When the devastation of Hurricane Katrina occurred, we wanted to determine how we could best put the knowledge and insight of our nationally recognized affordable housing practice to use for those most in need. Our commitment to assist the Mississippi Center for Justice and the volunteer lawyers working with its organization is just one of many steps Nixon Peabody is taking to help with the rebuilding and housing revitalization effort along the Gulf Coast.”

Karen Lash, National Pro Bono Coordinator for the Mississippi Center for Justice, said, “There has been widespread confusion regarding the grant program and the rules have changed many times. Our staff attorneys receive questions about the program daily from residents trying to navigate the system. Thanks to the efforts of Nixon Peabody, our lawyers have an important reference tool—and volunteer attorneys can be quickly trained to help handle the swelling number of residents’ concerns about the program, their award amount and appeal rights. We express our deepest thanks to Nixon Peabody for making this process easier for Katrina survivors, and the volunteers who help them.”

In addition to the manual created by Nixon Peabody, a team of lawyers at Citigroup and the Lawyer’s Committee for Civil Rights Under Law created a “Frequently Asked Questions” document written to help actual grantees better understand the grant program. This document is available at the website address noted above and the MCJ Biloxi office, and it will also be distributed at upcoming clinics including those being held on January 19.

Since Hurricane Katrina, Nixon Peabody has been integrally involved with national efforts to educate community leaders, lawmakers and real estate officials on housing and redevelopment activities along the Gulf Coast. The law firm, which has one of the most active affordable housing practices in the country, also has a long legacy of providing pro bono service. For example, earlier this year, Nixon Peabody agreed to help subsidize a Katrina Legal Fellow, which enables a lawyer to be on-the-ground in Mississippi to offer legal services as part of the Gulf Coast rebuilding effort. It was through the sponsorship of a Katrina Legal Fellow that Nixon Peabody became introduced to the MCJ.

Nixon Peabody’s involvement in the rebuilding effort along the Gulf Coast goes back more than a year. In October 2005, Nixon Peabody participated in the Institute for Professional and Executive Development’s first conference addressing housing issues and housing the displaced after Hurricane Katrina. This March, the firm is participating in IPED’s second conference for owners, developers, lenders, and others in the housing finance community who are seeking to invest in the Gulf Coast Zone or to understand a variety of federal funding services that can be used for redevelopment activities. The conference, “Rebuilding Communities After Hurricane Katrina—Affordable Housing and Economic Development on the Gulf Coast,” takes place March 29–30, 2007, in St. Petersburg, Florida. The Honorable Brent Warr, Mayor of Gulfport, Mississippi, is one of the speakers confirmed to attend.

01-30-2007

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Milbank, Tweed, Hadley & McCloy LLP

Milbank Wins Extraordinary Bankruptcy “Enterprise Valuation” Trial in Delaware
The international law firm Milbank, Tweed, Hadley & McCloy LLP announced today that it has won a dramatic victory for creditors in an uncommon and exceedingly complex business valuation trial that was part of a larger bankruptcy proceeding in historically debtor-friendly Delaware Bankruptcy Court. Milbank was lead trial counsel in the hotly contested valuation proceeding and represented UBS AG – Stamford Branch. In Re: Nellson Nutraceutical, Inc. et al., Chapter 11, 06-10072 (CSS).

Los Angeles-based Milbank partner and lead trial attorney Linda Dakin-Grimm stated: “It is very unusual for a Chapter 11 enterprise valuation dispute to go to trial.” Ms. Dakin-Grimm added, “It is also remarkable for a bankruptcy judge to disqualify Debtor’s valuation expert along the way.”

Los Angeles-based Milbank partners Gregory A. Bray and Thomas R. Kreller represent UBS AG – Stamford Branch in the Chapter 11 proceedings. Milbank associate Jason B. Baim worked with Ms. Dakin-Grimm on the valuation trial. James J. Holman and Richard W. Riley of Philadelphia-based Duane Morris LLP serve as local counsel to UBS AG – Stamford Branch. Based in Irwindale, California, Nellson is a contract manufacturer of nutritional food bars and powders for weight loss, sports training and wellness and medical categories. Nellson is primarily owned by Fremont Investors VII, LLC (“Fremont”) a unit of San Francisco investment firm Fremont Partners, which purchased Nellson in October 2002.

The trial was held in order to determine the “enterprise value” (value as an ongoing business) of Nellson in order for the company to develop and file a Chapter 11 reorganization plan.

To conduct the valuation, Nellson hired a valuation expert, while three different creditor groups, including UBS AG Stanford Branch as agent for Nellson’s secured lenders, each hired its own independent expert. The four experts based each of their valuations on Nellson’s May 2006 long-term business plan, using valuation methodologies to determine the company’s enterprise value.

According to United States Bankruptcy Judge Christopher S. Sontchi’s 109-page opinion, however, evidence presented at the 23-day valuation trial “overwhelmingly established that the Debtors’ business plan had been manipulated at the direction of and in cooperation with the Debtors’ controlling shareholder to bolster the value of Debtors’ business solely for the purposes of this litigation.”

Judge Sontchi also reprimanded the expert hired by Nellson and disqualified his valuation, which was $60 to $90 million higher than that of the other valuation experts.

In his January 18, 2007 opinion, Judge Sontchi valued the company at $320 million, which was significantly less that what the Debtors had asserted and not enough for Fremont to maintain its equity stake in the Nellson.

01-30-2007

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