Law Firm News

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Law Firm News

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Willkie, Farr & Gallagher, LLP

Willkie Wins Broad Patent Suit Victory Before ITC
The United States International Trade Commission (ITC) has ruled in favor of Willkie client Unilin Beheer B.V. in a case filed by Unilin against 32 companies from Canada, China, South Korea, Malaysia and the U.S for patent infringement. The ITC found infringement on all nine of the asserted claims based on three Unilin U.S. patents. The ITC further granted Unilin a General Exclusion Order prohibiting the entry into the United States of any unlicensed laminated floor panels covered by the asserted patent claims. A General Exclusion Order applies not only to the companies named in the suit, but also to any company that seeks to import laminated floor panels into the U.S. The matter was handled by partners John DiMatteo and Steven Reisberg.

01-11-2007

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Willkie, Farr & Gallagher, LLP

Real Estate Department Represents DiamondRock Hospitality in Hotel Acquisition
Willkie client DiamondRock Hospitality Company announced that it has entered into an agreement with a Boston-based developer to acquire the leasehold interest in the recently built 793-room Westin Boston Waterfront Hotel, which is attached to the new convention center in downtown Boston. The acquisition agreement also includes a leasehold interest in 100,000 square feet of retail space and an option to acquire a leasehold interest in an adjacent site with development rights to build a new 325-room hotel. The purchase price for all three assets was agreed at $330 million. Bethesda, MD-based DiamondRock is a real estate investment trust that owns 20 hotels in major U.S. markets. Willkie also advised DiamondRock in its recent acquisitions of hotels in Atlanta and Dallas. The current transaction was handled by partner Steven Klein and associates Gary Litke and Daniel Backer.

01-11-2007

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White & Case, LLP

European Commission Gives Phase II Clearance for Metso's Acquisition of Aker Kvaerner's Pulp and Power Business
White & Case represented Metso Corporation ("Metso"), a Finnish multinational company, in the European merger control procedure (including a request for the examination of the operation to be referred from EU national competition authorities to the European Commission) over Metso's proposed acquisition of the pulp and power business of Norwegian conglomerate Aker Kvaerner ASA ("Aker Kvaerner"). The Commission, following an in-depth Phase II investigation opened as a result of potential competition concerns, approved the acquisition, finding that the transaction would not reduce competition on the markets involved.

Metso and Aker Kvaerner are both active worldwide in the development and production of equipment for pulp mills, and since this market is characterised by a small number of large players, this transaction, as with previous attempted acquisitions, faced a high level of antitrust scrutiny. The Commission's primary concern was that the combination of the two companies might substantially reduce competition in the market and this led it to open the Phase II investigation.

Metso proposed to divest the areas where its pulping machinery activities overlapped with Aker Kvaerner to Canadian firm GL&V. The Phase II investigation found that this divesture would enable GL&V to compete credibly against Metso and the market leader. Thus the transaction would maintain competition in the pulping machinery market. Moreover, it would generate significant benefits for customers by combining Metso's and Aker Kvaerner's complementary product scopes and knowledge of all the areas and technologies of a modern pulp mill, and enhance the development of environmentally and resource-friendly modern pulp and paper-making processes.

"Obtaining clearance for a transaction in the concentrated pulp and paper sector is always a challenge and having an in-depth knowledge of the industry is essential," commented White & Case partner Pontus Lindfelt. "We believe that the decision reached by the Commission is not only important for the companies involved in the transaction, but will also bring about significant benefits for customers."

The White & Case team representing Metso was led by partner Pontus Lindfelt, working closely with associates Krzysztof Kuik, Jérémie Jourdan, Charlotte Hugon and Vladimir Nyagolov and counsel Thomas Tindemans in Brussels, associate Fredrik Lindblom in Stockholm and associate Kai Lintunen in Helsinki. The White & Case corporate team in Helsinki was led by partner Petri Haussila, working with associates Janko Lindros and Henrik Carlborg. The Metso in-house legal team was led by General Counsel Aleksanteri Lebedeff.

This is not the first time that White & Case Brussels has been involved in a case involving the paper industry. Back in November, the Brussels office represented Norwegian multinational Norske Skogindustrier ASA, the world's largest producer of newspaper paper, in the European Commission's investigation into a suspected cartel in the publication paper sector (Case No. COMP/39052). The investigation was closed without any finding that the companies involved had infringed EU competition law.

01-11-2007

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Shughart, Thomson & Kilroy, P.C.

Law Firm Authors Employment Labor Guidelines
How much time does my company have to give for a leave of absence? How often do I need to give performance reviews? What type of benefits should my company offer?
Employers large and small will find the answers to these questions in two new non-technical labor and employment guides written by employment law specialists at Shughart Thomson and Kilroy, P.C. The Kansas City law firm has teamed up to produce the books with the Missouri Chamber of Commerce and Industry and the American Chamber of Commerce.

“In recent years, many legislative amendments and court decisions have forced Missouri employers to re-evaluate their current policies and employment practices,” said Terrence Kilroy, co-author of the publication and Chair of the Labor and Employment Practice Group at Shughart Thomson and Kilroy, P.C. “In light of these constant changes, a practical and comprehensive legal reference guide is critical for every employer and human resources professional.”

Ann Kleffner, Vice President of the Missouri Chamber of Commerce and Industry says having the manuals on the shelf just make good business sense. “It’s the job of the Missouri Chamber of Commerce and Industry to protect and advance Missouri businesses. These manuals help to guide our members in the decision-making process and allows them to be proactive with their business development.”

The Missouri Human Resources Manual covers important workplace issues such as how to avoid and respond to claims of discrimination, required health an safety regulation and lawful discipline and termination procedures. The Model Policies and Forms For Missouri Employers provides employers with more than 100 forms and model policies. It also comes with a CD-ROM that allows the user to personalize and print policies which takes the effort out of creating handbooks, new employee paperwork and termination and resignation documents.

01-11-2007

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Norris, Mclaughlin & Marcus, P.A.

Christine M. Sellitti to Discuss Estate Planning at Financial Women's Association Seminar
Christine M. Sellitti, an associate with the Somerville law firm of Norris McLaughlin & Marcus, P.A., will speak about "Wills, Estates & Trusts: Preserving Your Desires and Lowering Estate Taxes" at a seminar sponsored by the Financial Women's Association. Topics to be discussed include legal documents individuals should have to pass assets on death, when and how to use trusts to reduce taxes, and how to plan for a joint to single estate, among others. The seminar will be held on January 22, 2007 from 5:45 p.m. - 8:00 p.m. at the Amper Politziner & Mattia Edison location.

For more information or to register, contact Arminda Youse-Warde of the Financial Women's Association at 732-220-3855 or arminda.youse-warde@pnc.com, or visit the FWA web site at www.fwa.org.

A resident of Basking Ridge, Sellitti concentrates her practice on estate and business succession planning, estate administration and taxation matters. She is knowledgeable in sophisticated estate and, business succession and family planning, including the preparation and implementation of complex wills, life insurance trusts, qualified personal residence trusts, charitable trusts, grantor-retained interest trusts, and buy-sell agreements, operating agreements and partnership agreements. Sellitti also has experience in estate litigation matters including will contests, fiduciary litigation, interpretation of wills and trusts, guardianships and adoptions. She has also handled diverse estate administration and probate matters.

Prior to entering private practice, Sellitti was Law Clerk to the Honorable James G. Troiano, J.S.C., Essex Vicinage, Family Part. She also worked as a legal intern at a Rutgers Special Education Clinic at the Rutgers School of Law—Newark.

Sellitti earned her J.D. from Rutgers University School of Law—Newark in 1998 and her B.S. in Business Administration, magna cum laude, from Montclair State University in 1995. She is admitted to the Bar of New Jersey and the U.S. District Court, District of New Jersey, and is a member of the Real Property, Probate & Trust Law Sections of the American and New Jersey State Bar Associations.

01-11-2007

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Maynard Cooper & Gale, P.C.

Maynard, Cooper & Gale, P.C. Names New Shareholders
Maynard, Cooper & Gale, P.C. is pleased to announce that seven former associates,,Scott S. Brown, Thomas J. Butler, Timothy W. Gregg, Wyndall A. Ivey, John T. Lanier, Bradley B. Rounsaville and D. Bart Turner have been named shareholders of the firm. “All of these individuals have,been outstanding members of our firm, and we are very pleased to have them join the shareholder ranks,”,said Mark L. Drew, Managing Partner of the firm.

Scott S. Brown practices in the firm’s General Litigation and Securities Litigation practice groups. Brown's litigation practice focuses on defending corporate entities as well as individuals against claims of,breach of contract, fraud, and business torts, including Civil RICO claims. He has handled cases in,federal courts (at the District Court and Circuit Court of Appeals levels), in various state courts,throughout Alabama, and in arbitration before the NASD. Brown is a member of the American Bar,Association, the Alabama State Bar Association and the Birmingham Bar Association.

Brown graduated from the University of Virginia School of Law in 1999 where he was Chief Justice of,the William Minor Lile Moot Court Board. He graduated from Rhodes College in 1996 where he was a,member of Phi Beta Kappa and Omicron Delta Kappa.

Thomas J. Butler practices in the firm’s General Litigation and Insurance and Financial Services,Litigation Practice groups. Butler has participated in numerous individual and multi-plaintiff insurance,sales practices, industrial life and claims-related cases throughout the state of Alabama. Not only has he,been involved in insurance-related cases in numerous Alabama State Courts, but he has extensive,experience in all United States District Courts in Alabama. Furthermore, Butler has overseen a number of,appeals pending before the Fifth and Eleventh Circuit Courts of Appeal. He has also represented,insurance companies in sales practices, industrial life and claims-related litigation in state and federal,courts in Alabama, California, Georgia, Florida, Kentucky, Illinois, Montana, Mississippi, South,Carolina, Tennessee, Texas, and West Virginia. In addition to his significant experience in individual cases, Butler served as co-lead counsel in two nationwide class actions pending in the Superior Court of,Muscogee County, Georgia , involving the alleged failure to refund unearned credit insurance premiums. Butler is a member of the American Bar Association, the Alabama State Bar Association, the Mississippi,State Bar Association and the Birmingham Bar Association.

Butler graduated magna cum laude from the University of Alabama School of Law in 1999 where he was,Special Works Editor of the Alabama Law Review and a member of Order of the Coif. He graduated,from Birmingham-Southern College in 1995. Prior to joining the firm, Butler served as a law clerk for,the Honorable Edwin L. Nelson, United States District Court, Northern District of Alabama.

Timothy W. Gregg practices in the firm’s Securities Regulation and Corporate Finance, Corporate,Governance and Compliance, Financial Institutions, General Corporate, Mergers and Acquisitions, and,Venture Capital and Private Equity Investment practice groups. Gregg represents both private and,publicly held companies in public and private securities offerings, mergers and acquisitions and venture,capital financings. He also counsels both new and established public companies regarding their public,reporting obligations, corporate governance matters and other issues related to their public company,status, including compliance with the Sarbanes-Oxley Act and NYSE and NASDAQ listing standards. Gregg serves on the Committee on Federal Regulation of Securities, the Committee on Corporate,Governance, and the Committee on Negotiated Acquisitions of the American Bar Association. He is also,a member of the Alabama State Bar Association, the Maryland State Bar Association, the District of,Columbia Bar and the Birmingham Bar Association. Gregg graduated from Vanderbilt University School,of Law in 1999, and he graduated from the University of North Carolina at Chapel Hill in 1992.

Wyndall A. Ivey practices in the firm’s General Litigation and Labor and Employment practice groups Ivey focuses his practice on representing management in all types of employment disputes and advises,clients on compliance with federal and state employment laws. He has tried cases in federal and state,courts and before state administrative bodies. Currently, Ivey serves as an Administrative Law Judge for,the State Health Planning and Development Agency, a position he has held since 2003. Ivey serves as a,Vice Chair of the TIPS Business Litigation Committee, is a TIPS Now Fellow, a member of the inaugural,TIPS Leadership Academy and a member of the Task Force on Outreach to Young Lawyers of the,American Bar Association. He is also a member of the 2002 Class of Alabama Leadership Initiative, the,2006 Leadership Forum Class of the Alabama State Bar Association, and the Unauthorized Practice of,Law Committee of the Birmingham Bar Association. Ivey also serves Board of Directors for the,Alabama Defense Lawyers Association and co-chaired the Association’s Diversity Task Force. He is a roundtable member of the Public Affairs Research Council of Alabama and an Alabama Contributor to,the Bankruptcy Exemption Manual.

Ivey graduated from Washington and Lee School of Law in 1999 where he was Editor-in-Chief of the,Race and Ethnic Ancestry Law Journal, a member of the Moot Court Board and recipient of the Dean,Randall Bezanson Award. Currently, Ivey serves on the Washington and Lee Alumni Association –,Birmingham Chapter Board of Directors. He graduated magna cum laude from the University of,Alabama at Birmingham in 1996 where he was a member of Alpha Phi Alpha Fraternity, Inc. and,President of the Student Government Association. Recently, Ivey received the 2006 Outstanding Young,Alumnus Award, which was presented by the UAB National Alumni Association.

John T. Lanier practices in the firm’s General Corporate and Health Care practice groups. Lanier counsels hospitals and physician groups across the state regarding regulatory, compliance, and,corporate matters. His clients include Alabama's largest nonprofit health system and one of the nation's,largest cardiovascular practices. He has also served as health care counsel in numerous health care,transactions, including hospital affiliations and physician/hospital joint ventures. Lanier is a member of,the Health Law section of the American Bar Association, the American Health Lawyers Association, the,Health Law, Business Law and Corporate Counsel sections of the Alabama State Bar Association, and the,Birmingham Bar Association.

Lanier graduated cum laude from the Cumberland School of Law in 2000 where he was a member of the,Cumberland Law Review and Curia Honoris. He graduated cum laude from Samford University in 1997,where he was a member of Omicron Delta Kappa, Phi Alpha Theta, Phi Gamma Mu and Order of Omega.

Bradley B. Rounsaville practices in the firm’s General Litigation and Securities Litigation practice,groups. Rounsaville concentrates in the defense of brokerage firms and financial institutions against,claims asserted by customers. He has successfully handled securities litigation matters in state and federal,courts, and in arbitration proceedings before the National Association of Securities Dealers and the New,York Stock Exchange. Rounsaville also has significant experience in many aspects of real property,litigation. He has represented his clients before local government boards and commissions, has tried real,property-related cases in Alabama state courts, and has successfully handled numerous appeals involving,real property to the Supreme Court of Alabama. He is a member of the American Bar Association, the,Defense Research Institute, the Alabama State Bar Association and the Birmingham Bar Association.

Rounsaville graduated the University of Michigan School of Law in 1998 where he was Articles Editor of,the Michigan Law Review. He received his M.P.P.A. from Mississippi State University in 1994 and his,B.A. from Mississippi State University in 1992.

D. Bart Turner practices in the firm’s Economic Development and Incentives, Energy and Natural,Resources, and Environmental Litigation and Regulatory Compliance practice groups. Turner’s focus is,on environmental and toxic tort litigation, as well as regulatory compliance. Turner practices in all areas,of environmental law and routinely handles toxic tort, hazardous waste, and Superfund litigation. In,addition, he has substantial experience in defending citizen suits brought under the Clean Water Act,,Clean Air Act, and the Resource Conservation and Recovery Act. He also regularly advises multiple,industries on environmental compliance and permitting issues before the Environmental Protection,Agency and the various state and local regulatory agencies. Turner is a member of the Environment,,Energy and Natural Resources section of the American Bar Association, the Environmental section of the,Alabama State Bar Association, and the Air and Waste Management Association.

Turner graduated from the Vermont School of Law in 2000 where he was Articles Editor of the Vermont,Law Review and a Dean’s Fellow. He received is M.S.P.H. in Environmental Toxicology from the,University of Alabama at Birmingham School of Public Health in 1997 and his B.S. from Rhodes College,in 1994.

01-11-2007

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Nelson Mullins Riley & Scarborough LLP

Zeb Alley Joins Nelson Mullins Riley & Scarborough
Philip Lader, a Charleston-based partner in Nelson Mullins Riley & Scarborough, has been named a trustee of the Smithsonian National Museum of American History.

Located on the mall in Washington, D.C., the museum has 4 million visitors each year and houses more than 3 million artifacts, including the original Star Spangled Banner, Abraham Lincoln's top hat, Duke Ellington's sheet music, and Dorothy's ruby slippers from "The Wizard of Oz." Its exhibitions, including those on America's First Ladies, African-American Migration, and The American Presidency, explore major themes in American history and culture.

Also named to the museum's board was Pulitzer Prize-winning historian David McCullough, author of biographies of John Adams and Harry Truman. President Adams served as America's first Ambassador to the Court of St. James's, the post held by Mr. Lader from 1997 to 2001.

01-11-2007

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