Law Firm News

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Law Firm News

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Kramer, Levin, Naftalis & Frankel, LLP

Ruthizer, Koestler, Schorr Recognized by International Who's Who of Business Lawyers
The International Who's Who of Business Lawyers 2007 selected Business Immigration Partners Ted Ruthizer and Mark Koestler, and Special Counsel Naomi Schorr as some of the best lawyers in corporate immigration.

12-13-2006

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Jenner & Block LLP

Attorneys File Amicus Brief Challenging Constitutionality of Military’s “Don’t Ask, Don’t Tell” Policy
Jenner & Block attorneys recently filed an amicus brief with the U.S. Court of Appeals for the First Circuit contesting on constitutional grounds a Massachusetts District Court’s decision that upheld a law commonly known as the “Don’t Ask, Don’t Tell” policy, which excludes openly gay and lesbian individuals from military service.

The district court had determined the law to be constitutional under the Equal Protection Clause after concluding that “maintaining effective military capability by maintaining high standards of morale, good order and discipline, and unit cohesion” was a legitimate government interest.

The brief argues, however, that the district court focused on the wrong rationale in determining the legitimacy of this interest, and asserts that the government’s argument is unconstitutionally centered on accommodating service members’ private biases against homosexuality.

According to the brief, recent caselaw, including the landmark Supreme Court cases Romer v. Evans and Lawrence v. Texas, has determined that “any governmental interest that rests on aversion towards the group legislated against is illegitimate, whether it relies upon outright animosity, or on more subtle and invidious forms of aversion such as ‘moral disapproval’.”

“Courts now routinely, and uniformly, reject in nonmilitary contexts any suggestion that members of stigmatized groups may be excluded from public functions or careers simply because others might find their presence disagreeable,” the brief states. “To hold any differently would be to allow social disapproval of a group itself to become a reason for continuing discrimination against it.”

In addition, the brief argues that judicial deference to military judgments does not elevate this discomfort to a legitimate government interest. Despite the potentially intimate living conditions troops may face in the military, the brief notes that firefighters, students in dormitories at public universities, coaches and athletes on teams at public schools, and others all often work or live together under conditions with little privacy.

“This court emphatically should not lend its imprimatur to this notion that gay and lesbian persons’ potential for attraction to members of the same sex somehow legitimates discrimination or animus against them,” the brief concludes.

Jenner & Block Partner William M. Hohengarten and Associate Luke C. Platzer authored the amicus brief pro bono along with attorneys Gary D. Buseck and Mary L. Bonauto of Gay & Lesbian Advocates & Defenders (“GLAD”), a public interest legal organization dedicated to ending discrimination based on sexual orientation, HIV status and gender identity and expression.

Mr. Hohengarten was a member of the Firm’s team, who, along with Lambda Legal, represented the petitioners in Lawrence v. Texas.

12-13-2006

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Jenner & Block LLP

Firm Obtains Favorable Arbitration Award for Honeywell
Jenner & Block this summer won a multimillion arbitration award for Honeywell in a dispute with Sunoco over the price of a chemical used in one of its manufacturing plants.

The dispute in this arbitration involved the formula for determining the new or “reopener” price for the chemical in light of a 2005 arbitration proceeding that found Sunoco had charged Honeywell an artificial and manipulated price for the chemical as part of a long term supply agreement between the two companies. The arbitrator accepted Honeywell’s proposed methodology for determining the new price.

Also at dispute was retroactivity of the new price. The arbitrator found in favor of Honeywell, and determined that the new price was to become effective upon the conclusion of the arbitration proceeding because the new pricing was to be based “upon current economic circumstances."

The Jenner & Block team on this matter included Partners Anton R. Valukas, Terri L. Mascherin, Sarah Hardgrove-Koleno and Associate Jeffrey S. Eberhard.

12-13-2006

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Jenner & Block LLP

Malik and Shuman Provide Outline of New Executive Compensation Disclosure Requirements
Public companies should bear in mind new amendments made to the Securities and Exchange Commission (SEC) rules relating to the disclosure of executive compensation when setting timetables for drafting their 2007 proxy statements, according to a recent article published by Jenner & Block Partner Thaddeus J. Malik and Associate Jeffrey R. Shuman in the Corporate Compliance & Regulatory Newsletter.

The amendments, adopted by the SEC in July 2006, will affect SEC filings and reports for fiscal years ending on or after December 15, 2006. The article cautioned that a potentially large amount of additional information will need to be collected prior to drafting the 2007 proxy statements, and offered the following suggestions to facilitate corporate compliance with the new rules.

First, the article suggests that in preparing the 2007 proxy statement, companies should review their disclosure controls to confirm that they are collecting all of the information necessary to be considered for disclosure pursuant to the amended rules.

In addition, Messrs. Malik and Shuman advised that companies implement procedures to facilitate cooperation. “The revised rules will require companies to adopt a multidisciplinary approach to disclosure that will be dependent upon increased cooperation among different core competencies within the organization, and the expansion of the disclosure preparation process beyond the company’s legal and human resource departments,” the attorneys wrote.

Among other things, the article mentioned that accountants and actuaries will have an increased role in the disclosure process. The article also recommended that legal staff should be present during Compensation Committee meetings to ensure that appropriate weight is given to the new Compensation Discussion & Analysis (CD&A) section of the 2007 proxy statement.

According to the article, the SEC has indicated that the CD&A section should provide “material information and analysis to investors about the methodology underlying the company’s compensation decisions and policies in a manner that is meaningful, avoids boilerplate disclosure and complies with the SEC’s rules on plain English disclosure.” As such, the article stated that companies will have to be careful to build sufficient time into the drafting process to ensure that the CD&A section will receive the appropriate amount of review from the applicable constituencies within the organization.

Also, the article noted that companies may start to make policy changes as a result of the SEC rule changes. For instance, the article noted, companies may start making different choices when deciding which benefits to offer to their executives in order to avoid the disclosure requirements.

Finally, the article warned companies to be prepared for the public and shareholders to become privy to certain compensation information upon the filing of their 2007 proxy statement. Companies should expect increased scrutiny of their salary and benefit decisions, and be ready to answer questions about them.

12-13-2006

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Holland & Knight, L.L.P.

Holland & Knight Names 35 New Partners
Howell W. Melton, Jr., Managing Partner of Holland & Knight LLP, announced today that 35 attorneys in the firm have been elected to partnership effective January 1, 2007. Twenty-five associates and 10 senior counsel in various offices throughout the firm were elevated. They are:

Atlanta
Senior Counsel elevated to partnership:

Robert Highsmith, a member of the firm's Government Section, practices legislative, administrative and regulatory law, government relations and litigation. He received his B.A. in English from Yale University in 1995 and his J.D. from the University of Georgia School of Law in 1997.

Boston
Associates elevated to partnership:

Brett Carroll, a member of the firm's Litigation Section, concentrates his practice on title and real property disputes, products liability, commercial contract disputes, white collar criminal defense and business torts. He received his B.A., with great distinction, in political science from McGill University in 1995 and his J.D. from Syracuse University in 1998.

Damon Hart, a member of the firm's Litigation Section, practices in the area of commercial litigation, with particular focus in technology, intellectual property, and labor and employment matters. He received his B.S. in political science from The College of Holy Cross in 1996 and his J.D. from Boston College Law School in 1999.

Edward "Ted" Hickey, a member of the firm's Business Section, concentrates his practice in the area of tax advantaged business transactions with an emphasis on equity financing of affordable housing projects eligible for low-income housing credits. He received his B.S. in civil engineering from the University of New Hampshire in 1992 and his J.D., cum laude, from Boston University in 1999.

John Kelley, a member of the firm's Business Section, concentrates his practice in tax credit syndication and affordable housing, with an emphasis on equity financing of affordable housing projects eligible for low-income housing credits. He received his B.B.A., with honors, in business from the University of Miami in 1993 and his J.D. from Boston College Law School in 1996.

Sean Leonard, a member of the firm's Business Section, concentrates his practice in the area of tax-advantaged business transactions, with an emphasis on the equity financing of affordable housing projects eligible for low-income housing credits. He received his B.S. in natural resource management from Springfield College in 1990 and his J.D., cum laude, from Suffolk University Law School in 1999.

James E. "Ted" Long, Jr., a member of the firm's Business Section, practices in the areas of corporate law and technology licensing. He received his B.A., cum laude, in policy management studies from Dickinson College in 1988 and his J.D. from George Mason University School of Law in 1996.

Jeffrey Mittleman, a member of the firm's Business Section, practices in the areas of health, regulatory and corporate law. He received his B.S. in political science from the University of Vermont in 1994 and his J.D. from American University's Washington College of Law in 1997.

David Santeusanio, a member of the firm's Litigation Section, represents employers in employment discrimination suits, non-competition and trade secret cases, wrongful termination claims and other employment disputes in state and federal courts. He received his B.A. in economics and history from Connecticut College in 1994 and his J.D., magna cum laude, from Suffolk University Law School in 1998.

Senior Counsel elevated to partnership:

Roslyn Poznansky, a member of the firm's Business Section, practices in the areas of syndication and partnership law, real estate and housing. She received her B.A. in biology from Williams College in 1977 and her J.D. from Northeastern University School of Law in 1990.

Ken Kozik, a member of the firm's Litigation Section, practices in the area of patent law. He received his B.A. in chemistry and mathematics from St. Anselm College in 1974, his M.S. from St. Joseph College in 1979, and his J.D. from Western New England College School of Law in 1993.

Jeff Seul, a member of the firm's Intellectual Property Group, works with entrepreneurial companies to provide strategic advice and support in the areas of corporate law, intellectual property protection and licensing, and Internet commerce and regulation. He received his B.A. in business administration and communication arts from Regis College in 1984, his J.D. from the University of Colorado in 1988, his Master''s from Harvard in 1997, and his LL.M. from Harvard Law School in 2001.

Chicago
Associate elevated to partnership:

Barbara Gimbel, a member of the firm's Litigation Section, primarily handles banking litigation, construction litigation and real estate litigation on both a local and national basis. She received her B.A., magna cum laude and with distinction, in English from the University of Illinois in 1995 and her J.D. from DePaul University College of Law in 1998.

Senior Counsel elevated to partnership:
Mark Nora, a member of the firm's Real Estate Section, practices in all areas of commercial and residential real estate development and finance. He received his B.A. in political science from the University of Tennessee at Knoxville in 1974 and his J.D. from The John Marshall Law School in 1981.

Fort Lauderdale
Associate elevated to partnership:

Jeffrey Rubinger, a member of the firm's Business Section, practices in the area of domestic and international taxation. He received his B.S. in accounting from the University of Florida in 1991, his M.A. from the University of Florida in 1992, his J.D., with honors, from the University of Florida School of Law in 1997 and his LL.M. from New York University in 1999.

Jacksonville
Associate elevated to partnership:

Robert Troy Smith, a member of the Litigation Section, is a trial lawyer focusing on general business litigation. He received his B.S. in political science and cognitive studies from Vanderbilt University in 1993 and his J.D. from Southern Methodist University in 1996.

Lakeland
Senior Counsel elevated to partnership:

Shelli Willis de Roos, a member of the Business Section, concentrates her practice in the areas of partnership taxation, affordable housing and real estate syndication. She received her B.A. from Bob Jones University in 1993 and her J.D. from the University of South Carolina in 1996.

Los Angeles
Senior Counsel elevated to partnership:

Kevin Smith, a member of the firm's Real Estate Section, practices in the areas of real estate development, commercial and retail real estate transactions, and commercial lending. He received his A.B. from St. Louis University in 1976 and his J.D. and M.A. in Urban Affairs from St. Louis University in 1982.

Miami
Associates elevated to partnership:

Brett Barfield, a member of the firm's Litigation Section, practices in the area of commercial litigation with a focus on class action defense. He received his B.A. in English from Vanderbilt University and his J.D., valedictorian, from St. Thomas University School of Law.

Scott Ponce, a member of the firm's Litigation Section, practices in the areas of complex civil and commercial litigation, with an emphasis on class action litigation and media law. He received his B.S.B.A. in finance, with honors, from the University of Florida in 1995 and his J.D., with honors, from the University of Florida College of Law in 1998.

Senior Counsel elevated to partnership:

Felix Lasarte, a member of the firm's Real Estate Section, practices in the areas of land use and zoning. He received his B.A. in political science from Florida International University in 1991 and his J.D., with honors, from St. Thomas University School of Law in 1994.

Richard Perez, a member of the firm's Real Estate Section, is a transactional lawyer who practices in the areas of corporate, securities, governmental and real estate law. He earned his B.A., magna cum laude, in political science from the University of Miami in 1993 and his J.D., cum laude, from Harvard Law School in 1997.

New York
Associates elevated to partnership:

David Harrington, a member of the firm's Litigation Section, focuses his practice on aviation law, including accident investigation and litigation. He received his B.S. in mechanical engineering from Marquette University in 1988 and his J.D., cum laude, from Catholic University of America, Columbus School of Law in 1999.

Francesca Morris, a member of the firm's Litigation Section, practices in the area of litigation with an emphasis on maritime law, commercial litigation and bankruptcy. She received her B.A. in English literature and history from the University of Leeds, England, in 1988 and her J.D. from Fordham University School of Law in 1998.

Portland
Associate elevated to partnership:

David Wang, a member of the firm's Business Section, practices in the area of general corporate and securities law. He received his B.S. in electrical engineering and computer science from the University of California at Berkeley in 1993, his J.D., cum laude, from Cornell Law School in 1996 and his M.Sc. in risk management from the London School of Economics and Political Science in 2002.

San Francisco
Associates elevated to partnership:

Amanda Monchamp, a member of the firm's Government Section, practices in the areas of land use, natural resources and environmental law with an emphasis on project development, regulatory compliance and litigation regarding the California Environmental Quality Act. She received her B.A. in history and political science from the University of California at San Diego in 1995 and her J.D. and Master’s degree in environmental law from the Vermont Law School in 1999.

Tamsen Plume, a member of the firm's Government Section, concentrates her practice on land use and environmental law. She received her B.A., with honors, in Government & Foreign Affairs from the University of Virginia in 1993 and her J.D., cum laude, from University of California, Hastings College of the Law in 1998.

Senior Counsel elevated to partnership:

John Compagno, a member of the firm's Real Estate Section, focuses his practice on the areas of real estate, corporate and finance law. He received his B.S. in economics from Santa Clara University in 1990 and his J.D. from Santa Clara University School of Law in 1993.

Tampa
Associates elevated to partnership:

John Marshall, a member of the firm's Real Estate Section, practices in the areas of civil litigation, land use and zoning. He received his B.A. in the Program of Liberal Studies from the University of Notre Dame in 1990, his M.A. in government from the University of Texas at Austin in 1994, and his J.D., with honors, from the University of Florida College of Law in 1997.

Keith Shotzberger, a member of the firm's Litigation Section, focuses his practice on complex commercial litigation. He earned his B.A., with honors, in accounting from the University of Florida in 1995 and his J.D., magna cum laude, from Georgetown University Law Center in 1998.

Washington, D.C.
Associates elevated to partnership:

Mary Carolyn Brown, a member of the firm's Real Estate Section, has worked in the field of land use, zoning and historic preservation for nearly 20 years, first as an architectural historian and then as an attorney. Her practice encompasses all facets of D.C. administrative law, with a particular focus on zoning and historic preservation matters. She received her B.A. in English from Villanova University in 1980, her M.A. in American Studies/Historic Preservation from George Washington University in 1990, and her J.D. from George Washington University Law School in 1999.

Kara Daniels, a member of the firm's Litigation Section, is a trial and appellate attorney who practices in the area of government contracts, where she handles bid protests, claims and related litigation, as well as counseling clients on diverse government contracts issues. She received her B.A. in history from Haverford College in 1995 and her J.D., with honors, from George Washington University Law School in 1998.

David O'Connor, a member of the firm's Government Section, counsels clients on telecommunications issues before the Federal Communications Commission and many state regulatory agencies. He received his B.A., cum laude, from Florida State University in 1992, his J.D., cum laude, from Brooklyn Law School in 1997, and his LL.M., with distinction, from Georgetown University Law Center in 1998.

Chris Reynolds, a member of the firm's Real Estate Section, practices in the area of commercial real estate acquisitions and sales, and office and retail leasing. He received his B.A., magna cum laude, in government and history from Georgetown University in 1996 and his J.D. from Georgetown University Law Center in 1999.

Christy Shiker, a member of the firm's Real Estate Section, represents clients on a number of land use and zoning matters. She received her B.A. in government from the College of William and Mary in 1993, her J.D. from the William and Mary School of Law in 1997 and her Masters from the Thomas Jefferson Program in Public Policy at the College of William and Mary in 1997.

12-13-2006

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Hogan & Hartson LLP

Hogan & Hartson Advises Cathay Industrial Biotech Ltd. in US$52 Million Series B Preferred Equity Financing
Lawyers with Hogan & Hartson LLP recently advised Cathay Industrial Biotech Ltd. (Cathay) on the closing of its US$52 million Series B financing, one of the largest private equity financings to date of a Chinese biotechnology company. With the US$26 million Series A financing closing earlier this year, Cathay has raised a total of US$78 million in 2006.

The Series B financing was led by Goldman Sachs and included investors from Cathay's Series A financing.

The Hogan & Hartson team that advised Cathay included Arthur Mok, Judy Deng, Stephanie Tang, Junjie Zhang, and Aaron Shao, all from the firm’s Shanghai office.

Cathay is a leading industrial biotechnology company of China headquartered in Shanghai Pudong Zhangjiang High-Tech Zone. Cathay is currently the largest producer of bio-processed long chain dibasic acids (DC) in the world. Through Cathay’s biotech process, the DC products are tailored to many applications such as new types of high quality nylons, special fragrance, adhesives, superior anti-corrosive chemicals, and high-grade powder coating for cars to name a few of the applications. These products are widely used in automobiles, electronics, cosmetics, and many other industries.

12-13-2006

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Bracewell & Giuliani LLP

Bracewell & Giuliani Partner, Former Comptroller of the Currency Discusses Global Financial Markets at International Bankers Conference
Bracewell & Giuliani LLP senior partner Robert L. Clarke discussed implementation of the Basel II global bank accord in financial markets in the United States at an Institute of International Bankers seminar Nov. 30 at the City University of New York Graduate Center.

The seminar examined how Basel II -a framework intended to help financial institutions better identify and manage future risks-impacts bank and capital market products and strategies, efforts by banks to deal with operational risk issues, progress in improving home-host coordination and U.S. regulators’ approach to Basel II implementation.

Among Mr. Clarke's key messages to attendees were:

* The Basel II agreement is unnecessarily complex and expensive.
* It creates competitive disparities between banks that are required or elect to adopt it.
* The methods by which the U.S. regulators propose to implement it are different from the way it is being implemented in other countries. Retaining the present leverage ratio, for example, will undermine much of the benefit sought to be achieved from the accord as adopted.

Founder of Bracewell’s national and international Financial Services Practice, Mr. Clarke counsels banks in matters involving state and federal banking laws, regulations and supervisory agencies, mergers and acquisitions of financial institutions, strategic planning, new financial services products and management of regulatory risk.

Mr. Clarke served as Comptroller of the Currency for six years under Presidents Ronald Reagan and George H.W. Bush. He has been a consultant to the World Bank and has advised the governments of Hungary, Argentina, Brazil, Mexico, Latvia, Romania, Kazakhstan and Hong Kong in their bank supervisory operations. He has served on the boards of directors of the Federal Deposit Insurance Corporation and the Resolution Trust Corporation. Mr. Clarke currently serves as a director of the Dubai Financial Services Authority.

The Institute of International Bankers is a national association devoted to representing and advancing the interests of the international banking community in the United States. Its membership is comprised of approximately 150 banking organizations that have headquarters in 50 other countries around the world.

12-13-2006

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