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Fasken Martineau lawyer quoted in National Post article on club deals class action
A recent National Post article ("U.S. club deals under scrutiny in class action", January 3, 2007) outlines a class action suit launched against a group of leading U.S. private-equity firms "alleging that they conspired to drive down the price of public companies they were taking private."

Observers have taken note of this issue "because as the size of companies targeted for leveraged buyouts has grown, (private equity firms) have begun to team up for so-called club bids rather than bidding against one another."

Senior partner John Campion was asked to comment on the possibility of a similar class action in Canada.

"Could I dream up a case in Canada? Yes, I could. But as for the cause of action, under the Competition Act, you have to find more than a dark conspiracy under a mushroom. A conspiracy claim is very difficult to create, it's basically seen as a very weak and difficult cause of action. You'd have to have evidence of improper actions to exclude competition for the purchase. So at that point, everything depends on your facts."

Although club bids are becoming popular in Canada, Campion further states "I don't think club bids are by themselves in any way suspect. It's only if they have wrongful means or some kind of wrongful act. The fact that a few people get together to do it, I just don't see as being a huge issue.

01-03-2007

New Partner Announcement
Elarbee Thompson is proud to announce that Robert W. Capobianco has been named a partner in the firm.

A graduate of Emory University School of Law, Mr. Capobianco is a member of the American Bar Association (Intellectual Property Section, Subcommittee Co-Chair, Trade Secret Committee), the State Bar of Georgia, the Atlanta Bar Association, (Labor & Employment Section, Board Member)and the Republican National Lawyers Association.

Rob was named a 2006 Georgia Rising Star in the area of Labor and Employment by Law and Politics.

01-03-2007

Jakubowski New Labor Relations Specialist at Devine Millimet
Stephen Jakubowski has joined the Labor and Employment Practice Group at Devine Millimet as its new Labor Relations Specialist. For fifteen years, Mr. Jakubowski worked at Public Service of New Hampshire in Labor Relations and Human Resources acting as the primary liaison between representatives from the International Brotherhood of Electrical Workers and the United Steel Workers of America and PSNH/Northeast Utilities’s management. At their peak, these two unions represented over six hundred PSNH employees throughout New Hampshire in positions ranging from building trades to office personnel.

During that time, he advised managers at all levels of the corporation on numerous human resource/labor relations issues, including collective bargaining agreement and human resource policy administration, discipline, reductions in force and the Family Medical Leave Act. He also conducted management/union relations training for local managers at all levels throughout the company.

He has worked to resolve numerous grievances through the arbitration process and has been involved in National Labor Relations Board proceedings related to bargaining unit certification and decertification and has investigated issues related to sexual harassment, workplace violence, theft, and violation of New Hampshire law.

He is a graduate of Franklin Pierce College with a BS in Accounting and Business Administration.

01-03-2007

Dress For Success Of NH Adds Devine’s Kilibarda To BOD
Holly J. Kilibarda, an attorney with the Devine Millimet firm, has recently been named to the Board of Directors of Dress for Success of New Hampshire. Dress for Success is a not-for-profit organization which promotes the economic independence of disadvantaged women by providing professional attire and career development support. Founded in 1997, Dress for Success has served some 300,000 women worldwide.

Attorney Kilibarda is a litigator who concentrates in the area of insurance defense. She represents the interests of a variety of insured businesses and individuals in matters including personal injury and premises liability. She also counsels clients in matters concerning insurance coverage and represents insurers in coverage disputes.

Attorney Kilibarda is admitted to practice in New Hampshire and Vermont. She is a member of the American and New Hampshire Bar Associations and serves as secretary of the New Hampshire Women’s Bar Association. She received her J.D. from Boston College Law School and her B.A., cum laude, from Vanderbilt University.

01-03-2007

Stan Lacy Named To ‘Best Lawyers in America’
Collins & Lacy, PC is pleased to announce that firm founder Stanford E. Lacy has been selected for inclusion in the 2007 edition of The Best Lawyers in America. Published biennially since 1983, The Best Lawyers in America is widely regarded as the preeminent referral guide to the legal profession in the United States. The Best Lawyers lists, epresenting 80 specialties in all 50 states and Washington, DC, are compiled through an exhaustive peer-review survey in which thousands of the top lawyers in the U.S. confidentially evaluate their professional peers. The current, 13th edition of Best Lawyers (2007), is based on more than 1.8 million detailed evaluations of lawyers by other lawyers. Mr. Lacy's selection is for his work in workers' compensation law. This is the blank) time Mr. Lacy has appeared in the publication “It’s a great honor, especially because it’s based on votes from fellow attorneys. I am pleased to be included,” Lacy said.

01-03-2007

Collins and Lacy Welcomes Robert F. Goings
A native of Union, South Carolina, Mr. Goings is a 2003 Summa Cum Laude graduate of Wofford College, where he served as Student Body President. At graduation, he was named the Most Outstanding Campus Citizen of 2003. At Wofford, Robert was also a member of Phi Beta Kappa and the Blue Key Honor Society. He received his law degree from the University of South Carolina School of Law in 2006. While clerking almost full-time at Collins and Lacy, Robert also participated in Moot Court and served as an editor of the Southeastern Environmental Journal. In 2006, he received the law school’s prestigious Claude Sapp Award.

01-03-2007

Collins and Lacy Welcomes Rebecca C. Kirkland
Collins & Lacy, PC is pleased to announce that Rebecca C. Kirkland has joined the firm as an associate. Ms. Kirkland is a 2001 graduate of the University of North Carolina. She earned her law degree from the University of South Carolina School of Law in 2006. In law school, Rebecca served as Justice of Fundraising and Alumni Relations for Moot Court Bar, on the legislative council for the Student Bar Association and as Magister of Phi Delta Phi.

01-03-2007

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