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High Court Plows Barrier Generics Encounter Challenging Patents
Federal Circuit courts adhere to a strict test that generic drug firms have “reasonable apprehension” they will be sued for damages by a brand-name drug company before bringing a declaratory judgment claim. The test has proven difficult for generics to meet. The Supreme Court’s 8-to-1 decision on January 9 in MedImmune Inc. v. Genentech Inc. could make the Federal Circuit revisit its test, according to Brian Kacedon of Finnegan Henderson. Finnegan Henderson filed an amicus brief in the case on behalf of the Licensing Executive Society. Kacedon said the ruling will cause patent owners to include a provision in the patent license agreement that renders it invalid if a patent is challenged.

01-12-2007

Fulbright’s Global Tax Practice Grows with Addition of Four Attorneys
A group of accomplished tax lawyers is joining Fulbright & Jaworski L.L.P.’s global tax practice, enhancing Fulbright’s already formidable group of international tax practitioners.

The newest Fulbright lawyers include partners Andrius Kontrimas and Patrick O’Daniel and senior counsel Lisa Rossmiller and counsel Donna Harris. Kontrimas, Harris and Rossmiller will reside in the firm’s Houston office, and O'Daniel will reside in Austin. The group joins Fulbright from Jenkens & Gilchrist.

“For more than 80 years, Fulbright has been a go-to law firm for clients facing tax-sensitive issues,” said Steven B. Pfeiffer, Chair of Fulbright’s Executive Committee. “Today, with more than 70 tax practitioners assisting clients all over the globe, we continue to help solve clients’ global business challenges. This group is a great addition to our expanding tax practice.”

With more than 20 years’ experience, Kontrimas has advised international and U.S.clients on joint ventures, private equity transactions, global tax planning, international mergers and acquisitions, contested tax matters, private foundations and other exempt organizations.

Kontrimas earned his B.A. in economics from University of California, Berkeley in 1982 and his J.D. from the University of California, Los Angeles, School of Law in 1985.

“Fulbright offered a perfect fit for our group,” Kontrimas said. “We are experienced in helping companies with multinational operations find ways to structure and develop best methods when it comes to worldwide taxation and transfer pricing. Fulbright offered an expanded international platform from which to further assist businesses’ global expansions and existing international operations.”

Like Kontrimas, O’Daniel has similar experience advising companies on the formation, operation, acquisition, merger, combination, liquidation and disposition of partnerships, limited liability companies and corporations. O’Daniel has also handled matters before the IRS, the Texas Comptroller and prepared cases for litigation in state and federal courts.

O’Daniel has served as clerk for Justice ClarenceThomas of the U.S.Supreme Court and the Hon. William Garwood of the Fifth Circuit U.S. Court of Appeals. O’Daniel earned his B.B.A. from the University of Texas in 1989 and his J.D. from the University of Texas School of Law in 1992 where he was Grand Chancellor.

“This group has an outstanding reputation in advising clients on diverse tax matters,” said Jack Allender, head of Fulbright’s tax practice. “They bring a unique blend of experience that will enhance our international tax capabilities.”

Rossmiller has worked on general business, corporate and structural advice for international transactions; international employment related matters; global stock option plans; conflict of law; arbitration/litigation issues and tax issues. She earned her B.A. from the University of Northern Iowa in 1992, her J.D. from University of Houston Law Center in 1994 and her LL.M. from the University of Houston Law Center in 1995.

Harris’ experience includes representing companies in mergers and acquisitions, corporate restructuring, corporate governance and international transactions, including setting up international business operations.

Harris previously worked as in-house counsel for oil field drilling and service companies and a major transportation company. She earned her B.A. from the University of Arkansas at Little Rock in 1979 and her J.D. from the University of Arkansas at Little Rock in 1982.

01-12-2007

Fulbright Named to BTI Client Service All-Pros and BTI Client Service 30
For the fourth year in a row, Fulbright & Jaworski has made BTI’s Client Service 30 list. Fulbright was also identified as one of only six firms included in BTI’s Client Service "A" Team, All-Pros. The exclusive All-Pros list includes law firms that have consistently ranked, year after year, in the BTI Client Service 30.

To get these results, BTI consulted with over 250 general counsel at large and Fortune 1000 companies. BTI then scored firms using its proprietary ranking method, comparing 17 key client attributes that create successful client-firm relationships and boost client satisfaction.

BTI then asked clients to name law firms that delivered outstanding client service.

Results showed that Client Service 30 firms performed two to 10 times better than all other firms in BTI’s 17 key client attributes.

01-12-2007

Fulbright Attorneys Tee Up for Dallas Kids
Fulbright partner Jim Griffin and associate Judd Pritchard have been appointed to the The First Tee of Dallas’ 2007 board of directors. Griffin, who has been a member of the board of directors of The First Tee of Dallas the previous three years, also serves as its secretary and a member of its executive committee.

Griffin’s practice includes representing both privately and publicly held companies in mergers and acquisitions as well as securities offerings and compliance, and he regularly advises boards of directors and executives in corporate governance and various corporate law matters. Pritchard, who joined the Dallas office in 2005, focuses his practice on litigation matters.

The First Tee of Dallas is a community-based organization dedicated to providing young people of all backgrounds an opportunity to develop, through golf and character education, life-enhancing values such as integrity, honesty and sportsmanship.

01-12-2007

Employment and White Collar Crime Litigator Joins Dorsey & Whitney New York
Global law firm Dorsey & Whitney LLP today announced that Kristan L. Peters has joined the firm’s New York office as a partner in the Trial group. Peters will concentrate on employment litigation, advice and counsel, trade secret litigation and white collar crime matters.

Peters previously was a shareholder in the New York office of Fulbright & Jaworski LLP. She also served as an Assistant United States Attorney in the Criminal and Civil Divisions of the Washington, D.C. U.S. Attorney’s office for six years.

Peters has a wide range of experience in cases involving employment, tort, defamation, criminal, commercial and constitutional law in both single plaintiff and class action lawsuits. She provides employment law and regulatory compliance advice and training for unionized and non-unionized employers.

Experienced in managing public relations in high-profile white collar crime cases, Peters also handles matters involving economic crimes, economic espionage, export violations, healthcare fraud and grand jury investigations. Peters has argued forty appellate oral arguments, written more than fifty appellate briefs and has twenty-nine published decisions in her name. She has tried dozens of cases to verdict, litigated in thirty states and is admitted in five states.

Bob Dwyer, partner-in-charge of the Dorsey & Whitney New York office, said: “Kristan brings a wealth of experience in the areas of employment and white collar crime. She is a seasoned trial and appellate advocate with extensive courtroom experience and an impressive record. Kristan is an outstanding addition to our Trial practice, here in New York and throughout the East Coast.

01-12-2007

Baker & McKenzie Advises ICBC on its First Overseas Acquisition
Baker & McKenzie’s mergers and acquisitions team in Jakarta and Beijing recently advised Industrial and Commercial Bank of China (“ICBC”) on its takeover of a 90 per cent stake in Bank Halim Indonesia. This is the first time ICBC has entered an overseas market via an acquisition and ICBC’s first takeover of a foreign bank outside Greater China. The deal is subject to approval by the China Banking Regulatory Commission and Indonesia’s central bank. ICBC also has the option to purchase the remaining 10 per cent of Bank Halim in three years.

Bank Halim, based in Surabaya on the island of Java, has assets of about US$56 million and nine branches. ICBC, the second-biggest bank in the world by market value, has 98 overseas branches.

The Baker & McKenzie team was led by partners Tuti Dewi Hadinoto in Jakarta and Ge Xiangyang in Beijing. The team had lead responsibility for legal documentation, regulatory issues, liaison and clearances with the banking authorities, and general transaction management.

Commenting on the deal, Tuti Dewi Hadinoto and Ge Xiangyang said, “We are delighted to have acted for ICBC on its first banking acquisition outside Greater China. Our involvement in this cross-border transaction demonstrates the Firm’s unique strengths in executing such transactions seamlessly through our global network and a strong local footprint. Our ability to provide local law advice and on-the-ground support through HHP in Indonesia as well as our international experience in such deals was instrumental in the successful completion of ICBC’s first takeover of a foreign bank.

01-12-2007

Luce Forward Partners Charles A. Danaher and David M. Hymer Elected to Firm's Executive Committee
Attorneys Charles A. Danaher and David M. Hymer have been elected to serve on Luce Forward's Executive Committee.

Luce Forward's 4-person Executive Committee has the authority and responsibility to manage the business of the firm's Partnership, and members are elected by the firm's Partners. Danaher and Hymer replace Luce Forward Partners John W. Leslie and Nancy T. Scull, who have each completed a two year term on the committee. Luce Forward's Managing Partner Robert J. Bell and Los Angeles-based Partner Kathy A. Jorrie will remain members of the Executive Committee in 2007.

"On behalf of the firm, I want to thank John and Nancy for their tremendous leadership and excellence in serving the firm as Executive Committee members over the last two years," Bell said. "Charlie and David are highly regarded partners, and I am confident that their experience will contribute greatly to the Executive Committee and the strength of the firm."

Danaher has been a Partner with Luce Forward since 1998, and practices in insurance bad faith litigation as part of the firm's Insurance Litigation Practice Group. Hymer, who has been a Partner with Luce Forward since 1996, practices in real estate and construction law as part of Luce Forward's Real Estate Practice Group.

01-12-2007

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