Law Firm News

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Law Firm News

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Gonzalez Saggio & Harlan LLP

Gonzalez Saggio & Harlan is pleased to announce
Gonzalez Saggio & Harlan is pleased to announce that Jill Pedigo Hall and Alejandro Valle have been promoted to Partners of the firm and Elizabeth McDuffie to Equity Partner of the firm.

01-17-2007

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Gide, Loyrette & Nouel, PC

Gide Loyrette Nouel Brussels is advising PMU with respect to a claim filed by the European commission
the European Commission commenced an infringements procedure against France with regard to betting on sporting events and horse racing.

The purpose of this procedure is to verify whether the French sporting event and horse racing betting rules are compatible with the Community rules governing the free movement of services.

France responded to the formal notice issued by the Commission on 12 January 2007.

The Gide Loyrette Nouel Brussels office is advising PMU with regard to this procedure.
Antoine Gosset-Grainville, partner, is heading the legal team, assisted by Christina Renner, Laura Olza Moreno and Maxime Baudouin.

01-17-2007

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Fross Zelnick Lehrman & Zissu, P.C.

Fross Zelnick elects James D. Weinberger and David A. Donahue to Partnership
Fross Zelnick Lehrman & Zissu, P.C., a leading firm in the field of trademark, copyright, design and unfair competition law, announced today that it has elected James D. Weinberger and David A. Donahue to the partnership after serving as associates.

As members of Fross Zelnick's litigation and mediation group, Mr. Weinberger and Mr. Donahue focus on counseling and advising clients on intellectual property matters across a wide spectrum of industries.

Prior to joining Fross Zelnick in 2002, Mr. Weinberger practiced intellectual property law and general litigation as an associate at Dewey Ballantine LLP. He has litigated cases involving trademarks used in connection with digital copyright management software, celebrity-branded products, luxury goods, publishing, chemicals and pharmaceuticals, as well as copyright matters. He is currently a member of the defense team in the federal court action pertaining to the purported termination of copyright rights granted to DC Comics with respect to the Superman character.

Mr. Weinberger, 32, earned his law degree from the Columbia University School of Law in 1999, and was a Harlan Fiske Stone Scholar and recipient of the Carroll G. Harper Prize. He was also Editor-in-Chief of the Columbia-VLA Journal of Law & the Arts. Mr. Weinberger received an undergraduate degree with honors in 1996 from Wesleyan University. He is a member of the New York State Bar Association and the American Bar Association and a guest instructor at the Columbia-VLA Clinical Seminar in Law & the Arts at Columbia Law School. His published works include “The Arbitrary Nature of Reverse Confusion Claims, Litigation and Enforcement Focus 2004,” in Managing Intellectual Property and “Baseball Trademark Licensing and the Antitrust Exemption: An Analysis of New York Yankees Partnership v. Major League Baseball Enterprises, Inc.,” in the Columbia-VLA Journal of Law & the Arts (1999).

Mr. Donahue joined Fross Zelnick in 2002 after serving as a law clerk for the Honorable Joseph M. McLaughlin of the United States Court of Appeals for the Second Circuit. Before that he was a litigation associate at Skadden, Arps, Slate, Meagher & Flom and a law clerk for the Honorable Milton Pollack of the United States District Court for the Southern District of New York. He has successfully litigated many trademark infringement, copyright infringement and related matters in federal and state court. Recently, he helped Stephen Slesinger, Inc., thwart an attempt by Disney and the granddaughter of author A.A. Milne to terminate Slesinger's royalty rights relating to Winnie-the-Pooh and helped win a trademark infringement and dilution trial for the owners of U.S. rights to the world-famous DE BEERS trademark.

Mr. Donahue, 34, received an undergraduate degree from the University of Michigan at Ann Arbor in 1994 and a law degree from St. John's University School of Law in 1998, graduating magna cum laude. In law school he served as an associate editor of the St. John's Law Review and was awarded the full-tuition St. Thomas More Scholarship. Mr. Donahue is on the Board of Trustees of the Copyright Society of the U.S.A. and is a member of the Entertainment Law Committee of the Association of the Bar of the City of New York. He also is a frequent author and speaker on intellectual property matters and recently has given presentations on “Calculating Damages in Copyright and Trademark Infringement Cases” and “Termination of Transfers Under the U.S. Copyright Act.

01-17-2007

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Davis Polk & Wardwell

Davis Polk Advises HMA on Its Recapitalization Plan.
Davis Polk & Wardwell is advising J.P. Morgan Securities Inc. as financial adviser to The Mills Corporation in connection with its proposed acquisition by Brookfield Asset Management Inc. Brookfield is a global asset manager focused on property and other infrastructure assets with over $50 billion of assets under management. The Mills Corporation, based in Chevy Chase, Maryland, is a developer, owner and manager of a diversified portfolio of retail destinations, including regional shopping malls and market-dominant retail and entertainment centers.

According to the terms of the merger agreement, Brookfield will acquire The Mills Corporation for cash at a price of $21 per share, representing a total transaction value of approximately $1.35 billion for all of the outstanding common stock of The Mills Corporation and common units of The Mills Limited Partnership, and approximately $7.5 billion including assumed debt and preferred stock. The transaction is subject to approval by The Mills Corporation’s stockholders, as well as other customary closing conditions, and is expected to close in the second half of 2007.

The Davis Polk corporate team includes partners George R. Bason Jr. and Marc O. Williams and associate Caroline Tait, all of the New York office.

01-17-2007

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Davis Polk & Wardwell

Davis Polk Advises HMA on Its Recapitalization Plan
Davis Polk & Wardwell is advising Health Management Associates, Inc. (HMA) on its balance sheet recapitalization. HMA owns and operates general acute care hospitals in non-urban communities located throughout the United States.

Under its plan, HMA will recapitalize its balance sheet through $3.25 billion of new senior secured credit facilities, including the refinancing of amounts outstanding under its current revolving line of credit. As part of the recapitalization, HMA will return approximately $2.4 billion to shareholders through a $10.00 per share one-time special cash dividend. HMA’s board of directors has unanimously approved the recapitalization plan.

The Davis Polk corporate team includes partners George R. Bason Jr. and Leonard Kreynin and associate Miranda So. Partner Joseph P. Hadley and associates Dahlia Jacobs Prager and Adi David are providing credit advice. Partner Kyoko Takahashi Lin is providing employment advice. Counsel Susan D. Kennedy and associate Jason Blacksberg are providing real estate advice. All members of the Davis Polk team work in the New York office.

01-17-2007

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Wiggin and Dana LLP

Chuck Platto Joins Wiggin and Dana in New York As Head of Its Insurance Practice
Wiggin and Dana LLP announced the expansion of its litigation group with the addition of Charles Platto as a partner in New York in charge of the firm's national and international insurance practice.

01-17-2007

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Sherin & Lodgen LLP

New Massachusetts Health Insurance Law: Important Information for Small Businesses
Chapter 58 of the Acts of 2006, signed into law in April, creates significant new obligations for certain employers who neither provide nor contribute a reasonable amount to their employees’ health insurance. As of October 1, 2006, such employers with eleven or more full-time-equivalent (“FTE”) employees are required to contribute a maximum of $295 per employee per year, known as the “Fair Share Contribution,” to the Commonwealth Care Trust Fund. Revenues generated by employers’ Fair Share Contributions will be used by the Commonwealth to defray costs of providing “free care” to employees.

In addition to the Fair Share Contribution, a “Free Rider Surcharge” will be imposed on employers who do not provide health insurance and who have (a) five or more instances of employees receiving free care per year or (b) one employee receiving free care more than three times per year. This Surcharge, which went into effect on October 1, 2006, will require such employers to pay between ten percent (10%) and one hundred percent (100%) of the costs of care provided to uninsured employees and their dependents, with an exemption for the first fifty thousand dollars per employer. Like the Fair Share Contribution, Surcharge funds will go to the Commonwealth Care Trust Fund.

Moreover, as of January 1, 2007, the Act requires employers with more than ten employees to offer “cafeteria” or “Section 125” plans, wherein employees’ premium payments are made on a pre-tax basis. Employers who offer cafeteria plans and register them with the state (and comply with certain other provisions of the law) may not be subject to the Free Rider Surcharge described above.

01-17-2007

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