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The Deal: Butch Cullen, Janet Barbiere, and Bola Oloko Join Thacher Proffitt as Partners in the CMBS Practice Group
The "Movers & Shakers" section of the New York Law Journal mentioned the recent three new partners joining the Firm: Butch Cullen, Janet Barbiere and Bola Oloko, all in the Structured Finance Practice Group.

01-10-2007

TAFT ELECTS FOUR NEW PARTNERS
Taft, Stettinius & Hollister LLP announces the election of four new partners: Sara Simrall Rorer, Mary L. Rust, Theresa H. Vella and James M. Zimmerman.

Sara Simrall Rorer, a health care attorney in the Business and Finance Department, received her B.A. from Miami University and her Master of Science in Social Work from the University of Tennessee. She later attended the University of Cincinnati College of Law where she received her J.D., was the Research Editor for the Law Review, and a member of the Order of the Coif. Upon graduation, Rorer was a law clerk for The Honorable S. Arthur Spiegel, Judge of the U.S. District Court, Southern District of Ohio. She then joined another local law firm as an associate. At the firm, her health care law practice includes advising physician and institutional clients on a wide range of regulatory and transactional matters. Rorer has served as chair of the Cincinnati Bar Association Health Care Law Committee, is a member of the American Health Lawyers’ Association and the Health Law Section of the American Bar Association. Rorer serves on the Board of Trustees, as Vice President and as a member of the Executive Committee of GLAD House, Inc. She is a member of the firm’s Health Care Practice Group and the Professional Women’s Resource Group (PWRG) and co-chair of the Breakfast Forum Series.

Mary L. Rust, formerly an associate in the Tax, Probate and Estate Planning Department, graduated from Miami University and the University of Cincinnati College of Law, where she was a member of the tax team of the Moot Court Board. Prior to joining the firm, Rust was Assistant Trust Counsel at Fifth Third Bank. Her principal practice areas at the firm include estate planning, charitable giving and trust and estate administration. Rust is licensed to practice law in Ohio and Kentucky. She is a member of the Trusts, Wills and Estates Section of the Cincinnati Bar Association, as well as a member of the Kentucky Bar Association, the Cincinnati Estate Planning Council, the Northern Kentucky Estate Planning Council, the Greater Cincinnati Planned Giving Council and the Board of Trustees of the Cincinnati Association for the Blind and Visually Impaired, where she chairs the Development Committee. Rust also is a member of the firm's PWRG and co-chair of the Breakfast Forum Series.

Theresa H. Vella is a former associate in the Litigation Department. She received her Bachelor’s Degree from Boston College, graduating cum laude, and her law degree from Saint Louis University School of Law, graduating magna cum laude and Order of the Woolsak. While in law school, she served on the Saint Louis University Law Journal and Journal of Health and Hospital Law. After graduation from law school, Vella worked as an associate in the Litigation Department of a law firm in Saint Louis, Missouri. She concentrates on commercial litigation and other general litigation in state and federal courts with particular emphasis on securities litigation, international dispute resolution, and corporate governance issues. Vella is admitted to practice law in the States of Ohio, Missouri and Illinois, and the United States District Courts for the Southern and Northern Districts of Ohio, the Southern District of Indiana, and Eastern District of Missouri. Vella is also a member of the firm’s PWRG.

James M. Zimmerman is a former associate in the Business and Finance Department where he focuses his practice on corporate and transactional matters. He received his undergraduate degree, with honors, from Vanderbilt University and law degree from Vanderbilt University Law School, where he served as Senior Notes Editor of the Vanderbilt Law Review and received Order of the Coif honors. Zimmerman focuses his practice in the areas of mergers and acquisitions, venture capital and other corporate finance, corporate governance, and securities markets regulation. He also represents start-up and emerging companies on a broad range of matters. Zimmerman is a member of the Advisory Board of Give Back Cincinnati. He is licensed to practice law in the state of Ohio. Zimmerman was selected by Cincinnati Magazine as a 2005 and 2006 Super Lawyers Rising Star.

Taft, Stettinius & Hollister LLP has offices in Cincinnati, Columbus, Cleveland, Dayton and Northern Kentucky. The firm provides a broad range of legal services to businesses and individuals, including litigation, corporate and business law, securities and municipal financing, tax and estate planning, labor and employment law, real estate and environmental, health care, intellectual property and unfair competition and antitrust law.

01-10-2007

Simpson Thacher Represents Investools Inc. in Acquisition of thinkorswim Group, Inc.
Simpson Thacher is representing Investools Inc., a global leader in investor education, in its acquisition of thinkorswim Group, Inc., a leading retail online option brokerage firm. Barron's Magazine rated thinkorswim #1 for options traders in March 2006, and thinkorswim's retail trading platform and functionality are recognized among the industry’s best for execution, professional analytics and real-time position management. The acquisition, valued at $425 million, is expected to close in the first quarter of 2007.

The Simpson Thacher team includes Gary Sellers, Daniel Holzer, and Stuart Orsak (M&A), George Miller and David Evans (Credit), Brian Robbins, Rachel Berry and Carl Berry (Executive Compensation), Lori Lesser and Kirstie Howard (Intellectual Property), Charlie Rappaport and Kathleen DeLaney (Tax) and Michael Naughton (Antitrust). Valuable assistance was provided by paralegals Elise de la Selle and Robert Palme.

01-10-2007

Simpson Thacher Represents Visant Corporation in $412.5 Million Cash Sale of all the Outstanding Stock of Book Printer Von Hoffmann Holdings, Inc. to R.R. Donnelley & Sons Company
The Firm is representing Visant Corporation in connection with its sale of all the issued and outstanding common shares of its subsidiary, Von Hoffmann Holdings Inc., a book printing business with operations in Owensville and Jefferson City, Missouri and Eldridge, Iowa, for $412.5 million to R.R. Donnelley & Sons Company. Pending regulatory approval, the transaction is expected to be completed by the end of the first quarter.

Visant Corporation is a leading marketing and publishing services enterprise servicing the school affinity, direct marketing, fragrance and cosmetics sampling and educational publishing markets.

The Simpson Thacher team included Gary Horowitz, James Wallace, Brian Gingold and Ejim Achi (M&A), Andrea Wahlquist and Wonda Joseph (Benefits), Rob Holo and Peter Rosen (Tax), Robyn Rahbar (Intellectual Property), and Amy Craiger (paralegal).

01-10-2007

Delphi Completes Largest DIP Financing
Shearman & Sterling acted as counsel to Delphi Corporation and certain of its subsidiaries and affiliates in connection with a $4.5 billion debtor-in-possession (DIP) financing, the largest DIP financing ever approved in a US Chapter 11 case. Shearman & Sterling helped Delphi both refinance an existing DIP facility and obtain the bankruptcy court's approval to repay $2.5 billion of prepetition secured debt. As the largest global supplier of vehicle components, Delphi, which ranks No. 63 on the Fortune 500list of US corporations, is the biggest manufacturing and technology company ever to seek Chapter 11 relief.

Attorneys included partners Michael Baker (New York-Finance Group), Douglas Bartner (New York-Bankruptcy & Reorganization) and Andrew Tenzer (New York-Bankruptcy & Reorganization), associates Abigail Deering (New York-Bankruptcy & Reorganization) and Cherie Schaible (New York-Bankruptcy & Reorganization) and legal assistant Christine Dionne (New York-Finance Group).

01-10-2007

Successful Representation of Client Noted in New York Law Journal; Richard Reice Quoted
A front page article in the January 10, 2007 issue of the New York Law Journal ("Judge Faults Staffing Agency's Use of a Rival's Trade Secrets") reports that "A New York-based placement firm and three of its employees unlawfully stole and used a competitor's trade secrets in order to launch their own competing temporary staffing business, a state judge has found. Supreme Court Justice Herman Cahn in 24 Seven v. Fiorello, 600547/04, confirmed a special referee's finding that defendant, The Gromwell Group, and three of its employees violated two temporary restraining orders by continuing to retain and use client information taken from plaintiff, 24 Seven, and by engaging in systematic spoliation of evidence before 24 Seven was set to proceed with discovery. ... 24 Seven places temporary and permanent employees - primarily graphic designers, pattern makers and other design talent - with its clients in the fashion industry. Defendants Christian Fiorello, Sal Furia and Demitra Parets are former employees of 24 Seven who accepted employment with another placement firm, The Gromwell Group. Messrs. Fiorello and Furia and Ms. Parets all had signed contracts with 24 Seven that contained restrictive covenants. 24 Seven argued that after they left to work for Gromwell, they violated the covenants by using 24 Seven trade secrets to help Gromwell start a competing business. A temporary restraining order was issued in March 2004 enjoining Gromwell and Ms. Parets from "using confidential information or documents that Parets learned, obtained, created or assisted in creating while [an employee of] 24 Seven." Defendants were directed to deliver to 24 Seven "all originals and copies or computerized records . . . [or] documents reflecting or containing confidential information of 24 Seven." A second temporary restraining order was issued later that month enjoining Gromwell and Messrs. Fiorello and Furia from using confidential information or documents that Mr. Furia "learned, created or assisted in creating" while at 24 Seven in order to solicit business from its customers. On June 5, 2006, Special Referee Louis Crespo held hearings at which five former employees of The Gromwell Group testified. Three of the former employees, who later went to 24 Seven, testified that employees at Gromwell shredded and discarded confidential documents from 24 Seven in their possession prior to discovery. ... 24 Seven was represented by Richard Reice, a partner at Seyfarth Shaw. Mr. Reice said the decision could have broad application in the area of restrictive covenants. "Lawyers always say it is tough to enforce restrictive covenants, but this decision shows that the courts will be quick to enforce such agreements.

01-10-2007

DLA Piper wins victory for families of the victims of the 1996 Khobar Towers bombing
DLA Piper US LLP successfully represented the families of 17 Americans who died in the Khobar Towers bombing in Saudi Arabia. The ruling by U.S. District Judge Royce C. Lamberth orders the Iranian Government to pay $254 million in damages to the 55 surviving relatives of the terrorism victims.

Nineteen people died in June 1996 when a truck bomb exploded in a military housing area near Dhahran Air Base in Saudi Arabia known as the Khobar Towers. Many others were wounded and the attack prompted the relocation of most U.S. military personnel to more remote sites in Saudi Arabia to improve security.

This is the first time an American court has ruled that Iranian government agencies and senior ministers financed and directed the bombing by a militant Saudi wing of the Islamist terrorist group Hezbollah. Lamberth stated that "the defendants' conduct in facilitating, financing, and providing material support to bring about this attack was intentional, extreme, and outrageous."

"There were a lot of rumors that the State Department did not want this case to proceed because they ultimately want to have a rapprochement with Iran," said DLA Piper partner Shale D. Stiller, the lead attorney for the families. "I can't say that's an unreasonable view in overall foreign policy. But from the point of view of the 17 families victimized here, they needed some finding of retribution."

Whether the families of the dead U.S. servicemen and women will ever receive the $254 million in damages remains in question. Iran has refused to participate in the case and insists it has no connection to the bombing. DLA Piper plans to try to track down Iranian government assets in countries around the world and claim them to collect the damages.

"The ruling is important because it provides those who lost loved ones in a traumatic event with some sense of vindication," Stiller continued. "We will take the judgment and go all over the world to find assets that belong to the government of Iran." Beyond any monetary award, the ruling is also important in that in provides an unambiguous statement from a U.S. court of Iran's role and discourages future terrorists."

In addition to Stiller, the trial team representing the families included Kurt J. Fischer, partner in the firm's Baltimore office, and Melissa L. Mackiewicz, associate in the firm's Baltimore office. A total of 10 lawyers at DLA Piper worked on the Khobar Towers matter.

01-10-2007

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