Law Firm News

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Law Firm News

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Simpson, Thacher & Bartlett, LLP

Simpson Thacher Advises United Surgical Partners International in $1.8 billion Sale
Simpson Thacher is representing the special committee of the board of directors of United Surgical Partners International Inc., a Dallas-based company that has equity ownership in and manages approximately 140 surgery centers throughout the United States and United Kingdom, in connection with its acquisition by the New York private equity firm, Welsh, Carson, Anderson & Stowe. The transaction, which is valued at approximately $1.8 billion, including the assumption of certain debt obligations of USPI, is expected to be completed in the second quarter of 2007.

The Simpson Thacher team working on the transaction includes Gary Horowitz, Edward Chung, Brian Gingold, Anthony King, Felton Booker and Yi Gao (M&A), Alvin Brown and Aimee Adler (Executive Compensation), Steven Todrys and Noah Beck (Tax), Robyn Rahbar (IP) and Mike Isby (Environmental).

01-16-2007

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Shearman & Sterling LLP

Société Générale and Calyon Merge Worldwide Brokerage Activities
Shearman & Sterling is representing Société Générale in connection with its announced joint venture project with Calyon for the merger of their worldwide brokerage activities currently carried out by Fimat and Calyon Financial. The newly formed entity would be a world leader in execution and clearing of listed financial futures and options. It would also be a major player in interdealer brokerage of OTC derivatives and securities, as well as offering prime brokerage services. Société Générale and Calyon would have equal holdings in the combined company, which would be headquartered in Paris.

Attorneys include partners Mathieu Remy (Paris-M&A), as well as Stephen Besen (New York-M&A), Don Lonczak (Washington D.C.-Tax), Barney Reynolds (London-European Finance), Bradley Sabel (New York-Asset Management) and Annette Schild (Brussels-Antitrust).

01-16-2007

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Seyfarth Shaw LLP

Allegra Rich Profiled in Chicago Daily Law Bulletin
Allegra's new position as firm-wide Pro Bono Partner and Director of Philanthropy was highlighted in the article "Seyfarth takes charity to 'next level' " in the January 15, 2007 issue of the Chicago Daily Law Bulletin which includes quotes from Allegra and Steve Poor:

"As a lawyer and litigator with Seyfarth, Shaw LLP for 10 years, Allegra R. Rich found intellectual challenge and stimulation and made close friends. Plus she was a success. She made partner. Then she quit. That turned out to be a new beginning. Rich is back at Seyfarth and a partner again with an entirely different focus: Last week, she was appointed ''full-time, firm-wide Pro Bono Partner and Director of Philanthropy'' at Seyfarth. Rich believes her newly created job ''is unique among large law firms and really demonstrates our firm's dedication to playing an active and positive role in the communities in which we work and live.''

Perhaps only 25 or 30 law firms in America have a full-time pro bono partner with no paying clients, according to Esther F. Lardent, president of the Washington-based Pro Bono Institute. Combining that partner role with directing philanthropy at the firm makes the position even more unusual. ''In Chicago, the only pro bono partner I'm aware of is [Terrance A. Norton] at Sonnenschein,'' Lardent said.

For Rich, ''It has been such a joy to return in my new role'' after 15 months away, ''because I am back among friends.'' Rich, 36, started as Seyfarth as a summer associate in 1994. In 1995, she earned her law degree from the University of Virginia School of Law and became a full-time associate with Seyfarth in September of that year. Law runs in her family. Born and raised in Washington, D.C., Rich said her mother is a lawyer, and ''I had always considered a career in the law.'' After her first summer at Seyfarth, ''I knew this was where I wanted to practice.''

Her work in Seyfarth's Chicago office focused on employment discrimination and litigation involving the Employee Retirement Income Security Act, especially ERISA class actions. Yet by 2005, ''I came to realize that the adversarial nature of litigation was not a good match with my personality.'' ''The decision to leave Seyfarth was gut-wrenching,'' she said. ''I loved the people I worked with, so it was extremely difficult to say goodbye. ''At that time, I chose to resign rather than take a leave of absence, because I did not know whether I would be back.'' ''During my 15 months off, I traveled the world, spent time with family and friends all over the country, took various classes and volunteered as an adult literacy tutor, which I still do today.''

Rich also is a member of the Women's Board of the University of Chicago, where she received her bachelor's degree. ''In 2006, I served on the Projects Committee, which evaluates grant proposals and decides what projects to fund. ''That experience sparked my interest in philanthropy, and I began to consider working for a charitable foundation,'' she said. ''I took classes in nonprofit management because I was thinking about pursuing a career in philanthropy.''

When J. Stephen Poor, Seyfarth's managing partner learned of Rich's interest in philanthropy, ''he proposed that I return to Seyfarth and help with its charitable foundation, community outreach and pro bono efforts,'' Rich said. ''It is a career change, definitely a different direction.'' For the firm, too, it's ''an evolution,'' Poor commented. In recent years, ''people in our organization have been spending a lot of time and energy giving back to our communities'' through pro bono legal work, through The Seyfarth Shaw Charitable Foundation, founded in 2004, and through volunteer community work, he said. ''To move that to the next level of corporate citizenship, we wanted someone to help us coordinate, raise our visibility and support what our people are already doing.''

''We really don't think other firms do it this way,'' Rich said, combining the oversight of pro bono work, philanthropy and community work in one person. Lardent said that to her knowledge only Stephen F. Hanlon, a partner at Holland & Knight in the Washington office combines full-time pro bono responsibility with oversight of charitable giving.

In 2006, The Seyfarth Shaw Charitable Foundation donated more than $750,000 to various organizations in which the firm's attorneys and staff are involved. With Rich's appointment, the firm expects to increase that amount and expand the involvement by attorneys and staff.

There is a trend toward centralization of pro bono activities at law firms, according to Joel F. Henning, a law firm consultant with Hildebrandt International. ''Many firms have pro bono committees or partners looking after pro bono activities,'' Henning said, although those attorneys may also have paying clients. ''Partners are loathe to pay equity partner compensation to too many partners not producing revenue, and the issue is especially acute where the partner is dealing only with pro bono services,'' Henning added. ''The question is whether there is enough work to keep a fully employed partner fully engaged.''

At Seyfarth, Rich's work is intended to be truly full-time. ''We have a robust pro bono program,'' she said. ''The efforts of attorneys here to get people involved have really stepped up. What we're lacking is this coordinated approach. Each office sort of does its own thing. That's going to change as this evolves.''

Seyfarth's list of pro bono services includes work in fair housing, political asylum, immigration, and advocacy for children, the disabled and the elderly; also work in adoption rights, domestic abuse, guardianship and prisoner rights; plus corporate services for nonprofit groups and volunteer work as mediators and pro tempore judges. The list of organizations to which Seyfarth lawyers have donated time, money and resources is even longer, and includes just in Chicago, The Leadership Council for Metropolitan Open Communities, the Midwest Immigrant and Human Rights Center, Lawyers for the Creative Arts, AIDS Foundation of Chicago, the Sargent Shriver National Center on Poverty Law, the Chicago Children's Museum, the Morton Arboretum, the YMCA and the YWCA.

Rich said she is proud to be part of this. ''My purpose is to use my analytical and organizational skills to benefit an organization I care about deeply.

01-16-2007

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Piper Rudnick, L.L.P.

DLA Piper achieves another milestone for IMX in patent dispute against LendingTree
DLA Piper US LLP recently extended its string of success in representing IMX, Inc., a leading provider of technology solutions for the mortgage industry, as Chief Judge Sue Robinson affirmed the jury verdict of willful patent infringement in IMX's case against LendingTree, LLC, while also enhancing the damage award by 50 percent.

On January 23, 2006, following a two-week trial in the U.S. District Court of Delaware, a jury rendered a verdict finding willful infringement of IMX's patent (U.S. Patent No. 5,995,947), which provides an Internet-accessible, interactive, real-time network whereby borrowers and lenders exchange information in the pursuit of securing a loan. IMX was awarded $5,794,400 in damages.

On Wednesday, January 10, in a 52-page opinion, Judge Robinson not only affirmed the infringement verdict but further enhanced the damages award by 50 percent, to $8,691,600, as well as awarding pre- and post-judgment interest. Judge Robinson also affirmed the validity and enforceability of IMX's patent and remains open to considering permanently enjoining LendingTree's infringement.

"We are thrilled with the court's decision to affirm that LendingTree infringed on IMX's patent and to increase the damages originally awarded," said John Allcock, a patent litigation lawyer and co-chair of DLA Piper's Technology, Media and Communication practice group, who led the trial team that represented IMX. "The DLA Piper team worked diligently to ensure a favorable outcome and we look forward to continuing to protect IMX's intellectual property and bring closure to this matter."

In addition to Allcock, who is based in the firm's San Diego office, DLA Piper's trial team included Elizabeth Day, William G. Goldman, Christine Kerba Corbett, Greg Lundell and Sal Lim, all of whom are patent litigation lawyers from the firm's Silicon Valley office in East Palo Alto.

This latest victory is one in a series of significant IP wins for DLA Piper. The firm's IP litigation attorneys have won an unprecedented 11 straight patent trials. In the last five years, the firm has won 16 of its last 17 patent trials.

Recently, the firm was victorious for Samsung Electronics Co. Ltd. in a patent dispute against Taiwan-based Compal Electronics Inc., manufacturer and distributor of notebook computers and computer peripheral equipment. Under the jury verdict, Samsung will receive $9 million for the infringement of U.S. Patent No. 5,333,273, which relates to the protected hot key function for microprocessor-based computer systems.

In October, DLA Piper represented CollegeNET, Inc., a leading provider of Internet solutions for higher education, in a dispute against Xap Corporation. At the conclusion of the nine-day trial in U.S. District Court, the federal jury awarded CollegeNET $4.5 million in damages related to unfair competition claims under the Lanham Act and $4 million after finding that Xap infringed on one of its patents.

The firm's intellectual property practice offers clients comprehensive IP services, including patent, trademark and copyright litigation, patent prosecution, IP due diligence and strategic IP asset management. The firm has more than 425 IP attorneys globally and 220 IP attorneys in the U.S., ranking the group among the world's largest IP practices. In the U.S. alone, DLA Piper's Patent Litigation practice includes more than 80 lawyers. The firm has handled more than 150 patent cases in U.S. district courts and the ITC over the past three years.

About IMX, Inc.
IMX, Inc., based in Houston, Texas, is a leading provider of software solutions for the mortgage industry. IMX offers a comprehensive suite of workflow tools that enable mortgage lenders and originators to communicate and conduct business quickly and efficiently, online. All the company's products deliver real-time, fully adjusted pricing to any user with browser access.

IMX is dedicated to helping mortgage professionals apply the efficiencies of Internet technology to their already-existing daily business processes. IMX's innovative and patented pricing technology delivers unmatched product discovery for brokers and retail branches, and advanced web-enabled distribution channels for lenders.

01-16-2007

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Piper Rudnick, L.L.P.

Salow joins DLA Piper's Communications, E-Commerce and Privacy practice in Washington, D.C.
DLA Piper US LLP today announced that Heidi Salow has joined the firm's Communications, E-Commerce and Privacy practice group as Of Counsel in the Washington, D.C. office.

Salow comes to DLA Piper with over 11 years of experience handling cutting-edge issues involving privacy and data security, intellectual property and e-commerce. She has extensive experience in commercial transactions and corporate law.

"Heidi is an outstanding attorney with vast knowledge of privacy, security, e-commerce, and copyright and trademark law, as well as extensive experience managing complex litigation," said Jim Halpert, co-chair of the DLA Piper's Communications, E-Commerce and Privacy practice group. "Her in-house experience will be a valuable asset to our practice."

Salow was senior counsel and director for Sprint Nextel Corp., where she handled privacy, data security, mobile content and e-commerce matters. She also served as the external affairs/lobbying representative of the corporation before federal and state governmental agencies on substantive privacy and e-commerce matters.

Salow is an elected member of the D.C. Bar Computer and Telecommunications Law Steering Committee, where she is serving a second three-year term. She is also a member of the International Association of Privacy Professionals, the Maryland State Bar and the Federal Communications Bar Association.

In 2002, she completed George Washington University's LL.M program in intellectual property. Salow also holds a J.D. from the University of Baltimore Law School. At McGill University, she earned a B.A. in political science and international relations.

DLA Piper's Communications, E-Commerce and Privacy practice group is a nationally ranked leader in privacy, security, Internet, and electronic commerce law. The group provides extensive legislative, regulatory, litigation, compliance and audit services related to domestic and international electronic commerce and privacy laws and global telecommunications services. Its lawyers advise a wide range of Fortune 500 and smaller companies on compliance with the many laws in these areas, and have played a significant role helping to draft all of the significant federal statutes regulating privacy and liability for conduct on the Internet, including the Digital Millennium Copyright Act of 1998, the Children's Online Privacy Protection Act, the Electronic Communications Privacy Act and the immunity provisions of the Communications Decency Act, as well as over 50 state laws that regulate privacy, security and e-commerce. The group represents many of the world's largest satellite, telecommunications and wireless companies.

01-16-2007

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Morrison & Foerster, LLP

Michael Agoglia Appointed Managing Partner of Morrison & Foerster’s San Francisco Office
Morrison & Foerster LLP is pleased to announce that Michael J. Agoglia has been appointed the new managing partner of the firm's San Francisco office. He succeeds Rachel Krevans, who has held that position since January 2001. Ms. Krevans will return to a full focus on her practice in patent litigation and related proceedings, and fiduciary litigation.

In his new capacity as managing partner, Mr. Agoglia will have principal responsibility for the strategic direction, management and administration of the San Francisco office, working with the firm’s management team. A member of the firm since 1991, Mr. Agoglia is also co-chair of the firm’s financial services litigation group.

“Michael has a deep understanding of Morrison & Foerster’s culture and strengths, which will provide a valuable foundation for his new role. He has distinguished himself as a leader in the San Francisco office and throughout the firm,” said Keith C. Wetmore, Chair of Morrison & Foerster. “We also are thankful to Rachel Krevans, who has been instrumental in the success of our San Francisco office.”

“I am honored to have been asked to serve as the next managing partner of Morrison & Foerster’s San Francisco office, and to have the opportunity to build on Rachel Krevans’s achievements and the long tradition of leadership that preceded her,” said Mr. Agoglia. “This office is full of talented and dedicated people committed to the highest level of service to our clients, the profession, and our local communities. I look forward to continuing our growth and expansion in this very important market for us.

01-16-2007

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Morgan Lewis & Bockius LLP

Morgan Lewis Releases Second Edition of FERC Compliance: A Legal and Business Guide
Following on the success of its initial energy handbook in 2006, Morgan Lewis has developed a second edition of FERC Compliance: A Legal and Business Guide. This new edition updates 9 of the 14 original chapters and includes two new sections on crisis management. Morgan Lewis also has developed a 2006 Timeline Summary of noteworthy Energy Compliance and Enforcement events to give executives a quick recap of how this issue has evolved in the last year. (Timeline is attached.)

Morgan Lewis has added the material on crisis management because some companies have gotten into trouble responding to government enforcement investigations. "Oftentimes, obstruction or carelessness and related problems end up causing more damage for a company than the initial subject of an inquiry does. Persons not familiar with federal investigations, which include most energy market participants, can panic or otherwise act inappropriately when faced with a federal investigation. These materials can help," said Bill Hederman, Executive Director of Morgan Lewis Energy Resources Group. The Morgan Lewis Corporate Investigations and White Collar Practice Group developed the crisis management material. This group of exceptional courtroom lawyers focuses on corporate investigations, defense (corporate and individual), and corporate compliance.

The updates address the substantial changes during 2006 in:

* Penalty and enforcement policy
* Market manipulation rules
* The standards of conduct, including FERC's recent response to the D.C. Circuit Court remand
* Reporting and document retention requirements
* PUHCA and jurisdictional transaction regulations
* Capacity release regulations
* Reliability standards compliance and enforcement

Morgan Lewis continues to provide this material on a complimentary basis to clients and other companies active in energy markets.

For more information, contact Monica Pearre at 202-739-5744 or email your contact information (phone, email address, and mailing address) to mpearre@morganlewis.com.

Morgan Lewis will conduct a teleconference to briefly introduce the new handbook and then answer reporters' questions at 10 a.m., ET on Wednesday, January 17th.

Dial in to: 1-866-963-7123
Conference code: 5270

Morgan Lewis staff who will be available at this teleconference include:

* Bill Hederman, Executive Director, Morgan Lewis Energy Resources Group and former Director of FERC Office of Market Oversight and Investigations
* Michael Griffen, Partner, Morgan Lewis Energy Practice Group and handbook project manager.

01-16-2007

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