Law Firm News

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Law Firm News

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Davis Polk & Wardwell

Davis Polk Advises SMART Modular Technologies on Its Secondary Offering of Common Stock
Davis Polk & Wardwell advised SMART Modular Technologies (WWH), Inc. on a $175 million secondary offering of 14,000,000 of its ordinary shares by certain shareholders, including Texas Pacific Group, Francisco Partners and Shah Capital Partners. The shares are listed on the Nasdaq National Market under the symbol SMOD.”

Based in Fremont, California, SMART is a leading independent designer, manufacturer and supplier of value-added subsystems to original equipment manufacturers, or OEMs. Its subsystem products include memory modules, embedded computing subsystems and thin film transistor-liquid crystal display, or TFT-LCD, products that it offers to customers worldwide.

The offering was made through an underwriting syndicate led by Citigroup Corporate and Investment Banking, J.P. Morgan Securities Inc. and Lehman Brothers Inc. The co-managers of the syndicate were Bear, Stearns & Co. Inc., Cowen

The Davis Polk corporate team included partner Alan F. Denenberg and associates Michael Nordtvedt, Christopher Pan and Dharini Mathur, all of the Menlo Park office. Associate Cynthia Akard of the Menlo Park office provided employee benefits advice. Partner Rachel D. Kleinberg of the Menlo Park office provided tax advice. Associate Jodi B. Ganz of the New York office provided '40 Act advice. Eric C. Valle and Don Snyder of the Menlo Park office were the legal assistants on the transaction.

01-23-2007

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Vandeventer Black LLP Attorney At Law

Weber Joins Law Offices Of Vandeventer Black
The law offices of Vandeventer Black LLP are pleased to announce that Joy Weber has joined the firm. Weber concentrates her law practice in employment and benefits matters as well as corporate and commercial transactions.

Weber earned her J.D. (summa cum laude) from Regent University School of Law, where she graduated as valedictorian of her class and served as Managing Editor of the Law Review. Among other honors, Weber received the 2006 Outstanding Scholastic Achievement Award and the National Association of Women Lawyers' Outstanding Graduate Award. She earned her B.S. in Labor Studies from The Pennsylvania State University, University Park campus.

Prior to her law career, Weber worked as a Health and Welfare Consultant with Aon Consulting’s Employee Benefits Division. She has earned the Certified Employee Benefits Specialist (CEBS) designation.

Weber is admitted to practice in all Virginia state courts and the United States District Court for the Eastern District of Virginia and is based in the firm’s Norfolk office.

01-23-2007

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Torys LLP

Torys is a top legal adviser on M&A transactions, says MergerMarket
According to MergerMarket's year-end legal advisory league tables, Torys ranked among North America's top ten legal advisers on Canadian announced M&A transactions in 2006.

01-23-2007

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Sands Anderson Marks & MillerA Professional Corporation

Randy Wimbish of Sands Anderson Co-Authors Health Care Law Book
Carlyle R. “Randy” Wimbish, III, Healthcare Practice Group Chair of Sands Anderson Marks & Miller, is one of the authors of the recently released book, Health Care Law Settlements & Negotiations: Leading Lawyers on Licensure, Fraud and Abuse, and Malpractice Cases, published by Aspatore Books.

According to the publisher, “Health Care Law Settlements & Negotiations (ISBN: 1596224932), is an authoritative, insider’s perspective on best practices for representing hospitals, medical doctors, and other health care providers.” The volume features partners and chairs from national and regional law firms who guide readers through the most common situations, discussing the intricacies of negotiations and settlements in this intriguing field.

Wimbish is Chair of the firm’s Healthcare practice group. He concentrates his practice primarily in the area of medical professional liability in both state and federal courts throughout Virginia. Randy has represented physicians in a wide variety of medical specialties, as well as dentists, nurses, allied health providers, and hospitals of all types and sizes. His practice includes advising health care providers on risk management in order to prevent claims before they occur. He also represents health care providers before various state regulatory and disciplinary boards.

The Inside the Minds series from Aspatore is revolutionizing the business book market by publishing an unparalleled group of executives and providing an unprecedented introspective look into the leading minds of the business and legal world.

01-23-2007

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Needle & Rosenberg, P.C.

Needle & Rosenberg Announces Attorney Promotions
Needle & Rosenberg, P.C., an Atlanta-based law firm focusing on intellectual property law, has announced a new shareholder and three new officers at the firm. , has been named a shareholder; and Bruce H. Becker, M.D., J.D., Jeffrey H. Brickman, J.D., L.L.M., and Brian C. Meadows, J.D., have been promoted to officers.

Huizenga, previously an officer at Needle & Rosenberg, practices in both the firm’s litigation practice group and biotechnology practice group. He graduated cum laude from the University of San Diego with a bachelor of arts degree in biology and a minor in chemistry. He later earned a doctor of philosophy in genetics from Harvard University where he received numerous awards, including the Ryan Fellowship, a National Science Foundation Award and an NIH doctoral training grant. He received his Juris Doctor, with distinction, and Order of the Coif, from Emory University School of Law. There, Huizenga was a Woodruff Fellow and the Notes & Comments Editor for the Emory International Law Review. Additionally, he received awards for excellence in the Trial Techniques Program, the Founders Award for legal research and writing, the Burt & Betty Schear Book Award, and he was nominated for the American Intellectual Property Law Association's (AIPLA) Jan Jancin Award for the outstanding intellectual property law student.

Becker is engaged in all aspects of patent prosecution pertaining to biotechnology and biomedical devices. Before becoming a patent attorney, he was a vitreoretinal surgeon. He received his bachelor of arts degree and his doctor of medicine degree from Washington University in St. Louis. After an internal medicine internship, he served two years as a General Medical Officer in the United States Air Force. He then completed a residency in Ophthalmology at the University of Florida and later sub-specialized in vitreoretinal surgery as a fellow at the Bascom Palmer Eye Institute in Miami. Bruce practiced medicine while he attended Georgia State University School of Law where he received his Juris Doctor magna cum laude.

Brickman practices both intellectual property litigation and criminal defense. He earned his master’s degree in litigation from Emory University School of Law, and he received his Juris Doctor from the University of Florida School of Law and his bachelor of arts degree in English from the University of Florida. Jeff has been a frequent lecturer for the National Center for the Prosecution of Child Abuse, and he was a contributor to The American Prosecutors Research Institute’s publication, Investigation and Prosecution of Child Abuse Cases. Jeff also serves as an instructor at Emory University School of Law’s National Institute of Trial Advocacy program, and he is currently a frequent lecturer for the Criminal Law Section of the State Bar of Georgia’s Continuing Legal Education Program.

Meadows is engaged in all aspects of domestic and foreign patent prosecution, client counseling, and litigation in the mechanical, pharmaceutical and chemical industries. He earned his Juris Doctor from the University of Georgia School of Law and his bachelor of science degree in chemistry cum laude from the University of Georgia. He is a frequent speaker at CLE seminars and American Chemical Society conferences held throughout the United States.

01-23-2007

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Milling Benson Woodward L.L.P.

Michael J. Monistere successful in defense of ERISA case
Michael J. Monistere, Chairman of the Labor & Employment Department of Milling Benson Woodward LLP, obtained summary judgment in defense of an ERISA case. The plaintiff sought disability benefits and claimed that she could not perform the duties of her occupation because she suffered from fibromyalgia. The case, entitled Woodland v. the Life Insurance Company of North America, was heard in the U.S. District Court for the Eastern District of Louisiana.

The plaintiff's employer eliminated her position. She accepted a separation agreement whereby she received her salary for six months after she stopped working. Near the end of the six months, the plaintiff filed a claim for long-term disability benefits. She alleged that she became totally disabled about one month before she stopped working. She alleged that she could not perform the material duties of her regular occupation because she suffered from fibromyalgia. The plaintiff claimed that her condition resulted from an automobile accident. The defendant-insurance company denied the plaintiff's claim. A functional capacity evaluation showed that she could perform the material duties of her occupation.

The plaintiff filed suit in state court in Louisiana. The defense removed to the federal district court based upon ERISA preemption and diversity jurisdiction. The case was stayed so that an administrative review of the plaintiff's claim could be conducted. After the review, the defendant re-confirmed its denial of plaintiff's claim for benefits.

The district court held that the defendant did not abuse its discretion by denying plaintiff's claim. The court held that the defendant based its decision on substantial evidence that plaintiff was capable of performing all of the material duties of her regular occupation. Finally, the court did not consider an expert deposition submitted by the plaintiff in opposition to the motion for summary judgment. The court noted that the plaintiff failed to include the deposition in the administrative record even though she had an opportunity to do so.

01-23-2007

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Merchant & Gould P.C.

Merchant & Gould Promotes D. Kent Stier
Intellectual property law firm Merchant & Gould is pleased to announce that it has promoted D. Kent Stier of the Atlanta office to partner at the firm.
D. Kent Stier's practice involves patent procurement, patent prosecution, and opinion writing with a concentration in the areas of computer software, electronics, fiber optics, business methods, and telecommunications. Prior to entering, and during law school, Kent worked for 14 years in the electric utility industry, holding various engineering and engineering management positions.

"Kent represents the commitment and talent that has made possible the success of our office and the entire firm," said Alan Gorman, managing partner of Merchant & Gould's Atlanta office. "I congratulate Kent on this accomplishment.

01-23-2007

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