Law Firm News

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Law Firm News

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Fenwick & West, LLP

Visa Hit with Antitrust, Patent Suits Over Security Fix
Fenwick & West attorneys Tyler Baker, co-chair of the Antitrust and Unfair Competition Group, and Darren Donnelly, a patent litigation partner, were recently quoted in an IP Law 360 story entitled, "Visa Hit with Antitrust, Patent Suits over Security Move."

On behalf of Cryptography Research Inc. (CRI), Fenwick & West filed a complaint with the U.S. District Court for the Northern District of California, stating that Visa used its pull in the credit card industry to exclude CRI's solution to a 'smart card' security defect in order to avoid paying licensing fees. Visa originally had a licensing agreement with CRI, but terminated that agreement and allegedly conspired with MasterCard, creating a monopsony to eliminate standards that integrated CRI's solution to the security defect.

Tyler Baker explained that, "we already have patent claims against them that have been in play for a while...the new claims are that Visa and MasterCard agreed not to compete on this security aspect."

"The manufacturers who provide the smart cards have to have standards of security protection approved…EMV Co. used to have this standard, but when we protected our patents, [Visa] pulled it out of the standard in favor of something that didn't have this countermeasure," said Darren Donnelly, a patent attorney at Fenwick & West.

12-13-2006

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Cravath, Swaine & Moore, LLP

BILL WHELAN IS PRIMARY DRAFTER OF REPORT ON MODEL HIGH YIELD COVENANTS FOR THE BUSINESS LAWYER
Cravath partner William J. Whelan, III 's report, "Model Negotiated Covenants and Related Definitions", appeared in the August 2006 issue of The Business Lawyer. Bill was the primary draftsman of the report as Chair of the Task Force on Model Negotiated Covenants of the Committee on Trust Indentures and Indenture Trustees, ABA Section of Business Law.

12-13-2006

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Cleary, Gottlieb, Steen & Hamilton, L.L.P.

Mexican Ministry of Communications and Transportation and Grupo Aeroportuario del Centro Norte in IPO
Cleary Gottlieb represented the Ministry of Communications and Transportation of Mexico, as selling stockholder, and Grupo Aeroportuario del Centro Norte, S.A.B. de C.V. (GACN) in GACN’s U.S.$432 million initial public offering. After giving effect to the exercise of the underwriters’ overallotment option, the global offering included 96,039,992 Series B shares in the international offering in the form of ADSs or Series B shares and 96,040,008 Series B shares in the Mexican offering. Together, the offered securities represented 48.02% of GACN’s outstanding capital stock. The transaction priced on November 28 and initially closed on December 4, followed by the December 13 closing of the sale of Series B shares subject to the underwriters’ overallotment option.

The offering priced at U.S.$18.00 per ADS, higher than the preliminary prospectus range of U.S.$14.50 to U.S.$16.50. The shares traded up on their first day of trading and closed at U.S.$21.85 per ADS. Citigroup was the lead underwriter for the international offering syndicate, which also included UBS and Scotia Capital, and Accival was the lead underwriter for the Mexican offering. The ADSs are listed on the NASDAQ Global Market under the symbol “OMAB,” making GACN the first Mexican issuer to be listed on the NASDAQ.

The transaction concludes the final phase of the Mexican government’s privatization plan for Mexico’s commercial airport sector, which began in 1998 when the Mexican government divided 35 of Mexico’s principal airports into three groups to be opened to private investment. GACN’s IPO follows the 2000 IPO of Grupo Aeroportuario del Sureste, S.A. de C.V. and the March 2006 IPO of Grupo Aeroportuario del Pacífico, S.A.B de C.V.

GACN’s subsidiaries operate 13 airports serving areas concentrated in Mexico’s central and northern regions, including the major metropolitan area of Monterrey, tourist destinations such as Acapulco and Zihuatanejo and a number of regional centers and border cities. GACN’s two-phase privatization process began in 1999 with the acquisition by Servicios de Tecnología Aeroportuaria, S.A. de C.V. (“SETA”), GACN’s strategic shareholder pursuant to the Mexican airport privatization guidelines, of shares currently representing 14.7% of GACN’s equity in the form of Series BB shares, which SETA continues to own. SETA’s current stockholders are Aéroports de Paris Management, S.A. and Aeroinvest, S.A. de C.V., a wholly owned subsidiary of Empresas ICA, S.A.B. de C.V. Empresas ICA also owns shares representing an additional 35.3% of GACN.

12-13-2006

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Clausen Miller PC

Shareholders Gregory Smith and Sava Vojcanin admitted before U.S. Supreme Court
Shareholders Gregory S. Smith and Sava Alexander Vojcanin were admitted to practice before the United States Supreme Court in a ceremony at the high court on December 11, 2006. On behalf of the seven Supreme Court justices in attendance, Chief Justice John G. Roberts, Jr., warmly greeted all new admittees. Greg is Clausen Miller's resident managing partner of the New York office who handles property insurance coverage matters. Sava also concentrates on complex first party property coverage issues from our Chicago office.

12-13-2006

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Butzel Long

David DuMouchel and George Donnini appointed to ABA's White Collar Crime Committee
Butzel Long attorneys and shareholders David F. DuMouchel and George B. Donnini have been appointed to serve on the national American Bar Association's White Collar Crime Committee (WCCC) for a two-year term. Mr. DuMouchel will serve on the sentencing committee and Mr. Donnini will serve as the regional co-chair for the Midwest Region Subcommittee. Mr. Donnini will also serve as National co-chair for the Young Lawyers Division of the WCCC.

The WCCC is fraternal and educational, and provides a forum for dialogue between prosecutors and defense attorneys. The WCCC also routinely studies issues of importance to its members and recommends policy changes and initiatives.

Mr. DuMouchel chairs the firm's Corporate Compliance, Internal Investigations and Criminal Defense practice. His practice is limited to criminal defense, professional licensure and criminal health care matters, as well as internal corporate investigations and compliance.

Mr. DuMouchel is a recipient of the prestigious Leonard Gilman Award from the Federal Bar Association as the outstanding criminal law practitioner in the Eastern District of Michigan. He is listed in Naifeh & Smith, The Best Lawyers in America, and has been listed in each edition for the last 20 years. He also is listed in Chambers USA: America's Leading Business Lawyers 2005-2006. From 1978 to 1985, Mr. DuMouchel served as chairperson of the Michigan Attorney Grievance Commission.

Mr. DuMouchel is a fellow of the American Bar Foundation and the Michigan State Bar Foundation. He is a Fellow of the American College of Trial Lawyers and serves as a member of the criminal procedure and Michigan State Committees.

In 2004, Mr. DuMouchel, along with Mr. Donnini and Laurie J. Michelson, gained their client's acquittal in one of the largest health care fraud trials in history in the U.S. District Court in Boston.

Mr. Donnini's practice concentrates primarily in the areas of white collar criminal defense, SEC enforcement actions, and assisting corporate clients with the conduct of internal investigations. Prior to joining Butzel Long, Mr. Donnini was a judge advocate with the United States Marine Corps and served in that capacity for slightly over four years. He was counsel of record in numerous criminal trials and provided legal advice to hundreds of military personnel and family members in civil matters as well. Prior to his service with the Marine Corps, Mr. Donnini also served as a law clerk to the Honorable William H. Pauley III, United States District Court for the Southern District of New York. Mr. Donnini is licensed to practice law in Michigan, New York and California.

Mr. DuMouchel and Mr. Donnini, as well as the other lawyers who comprise the firm's Corporate Compliance, Internal Investigations and Criminal Defense practice group, regularly handle criminal and regulatory matters (e.g. SEC enforcement actions) on behalf of individuals, including public and private corporate executives, and corporations, both public and private. In addition, they regularly assist companies with the conduct of internal corporate investigations.

12-13-2006

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Husch Blackwell Sanders LLP

Blackwell Sanders Keeps Growing New Lincoln Office
Kevin L. Griess joins Blackwell Sanders’ Litigation Department in the firm’s Lincoln, Neb., office as the newest associate in the firm’s environment, natural resources and water practice area.

Most recently Griess was an associate with Wolfe, Snowden, Hurd, Luers & Ahl, LLP, Lincoln, Neb. (2005-2006). Griess has experience in all aspects of civil litigation and the appellate process. From 2001 to 2005, he served as a judicial law clerk to the Honorable Michael McCormack, Nebraska Supreme Court.

Griess earned a J.D. with distinction from the University of Nebraska College of Law in 2001, where he was a Nebraska Moot Court Board member and received the George L. DeLacy Memorial Award for excellence in constitutional law. He received a B.A. from the University of Nebraska at Lincoln in 1998.

12-13-2006

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Kramer, Levin, Naftalis & Frankel, LLP

Maoz Named to NameProtect Executive Business Advisory Board
Intellectual Property Associate Michael Maoz has been named to the NameProtect Executive Business Advisory Board. NameProtect Inc. is a digital brand management company that provides intellectual property services services throughout the life cycle of a company's brand.

12-13-2006

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