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Bryan Cave Prevails for the Brazilian Silicon Metal Industry
Bryan Cave obtained a victory for three Brazilian companies that will allow them to export silicon metal into the U.S. without having to pay antidumping duties. This decision also will remove a barrier for aluminum, silicone and chemical producers in the United States, including Alcoa, GE Silicones and Dow Corning, who use silicon metal as an important ingredient for their manufacturing operations.

The U.S. International Trade Commission (ITC) voted 5-0 to revoke the antidumping duty order because the companies’ importation of silicon metal will not harm U.S. producers.

This decision overturns an order imposed by the U.S. Department of Commerce against Brazil more than 15 years ago. The department claimed that Brazilian silicon metal producers were selling their product in the U.S. at unfair prices.

“Aside from being a landmark victory for the Brazilian industry, this ruling reveals that the ITC is more amenable to the termination of orders, which did not occur in the past,” says Lyle Vander Schaaf, a partner at Bryan Cave’s Washington, D.C. office. “There are various factors that have coalesced to create the current situation in which termination of orders at the ITC is much more likely now than five years ago, including favorable U.S. court and World Trade Organization decisions.”

Vander Schaaf, Associate Joseph Heckendorn and International Trade Advisor Felipe Berer led the Bryan Cave team that represented the Brazilian silicon metal makers.

11-15-2006

James Childs Named Vice Chair of ABA Venture Capital Committee
Bradley Arant Rose & White LLP partner James W. Childs, Jr. has been named Vice Chairman of the American Bar Association’s Venture Capital & Private Equity Committee and Chairman of its Membership Subcommittee. The Committee focuses on issues facing lawyers who form and represent venture capital and private equity funds and those who advise entrepreneurs and companies seeking financing from those sources. They also address the regulatory, legislative, securities, corporate, tax, intellectual property, and other concerns of the venture capital and private equity communities. The Committee provides a forum for exchanging views on transaction terms and documents used in venture capital, LBO and MBO financings. They are focused on standardizing and annotating transactional document forms in an effort to educate practitioners and eliminate the battle of forms in venture capital and private equity financings.

11-15-2006

Charlie Menges Moderates Panel on "Opinions of Counsel From the In-house Attorney
Charlie Menges (Richmond) served as moderator and spoke as part of a panel on “Opinions of Counsel from the In-house Attorney” at the 2006 annual meeting of the Association of Corporate Counsel in San Diego on Oct. 24. Richard Carson of The Williams Companies, Tulsa, Okla., and Laurie Sablak of Chubb Group of Insurance Companies, Simsbury, Conn., also participated on the panel.

11-15-2006

R&C Health and Benefits Litigation Attorney Publishes in DRI ERISA Report
R&C Health and Benefits litigator Helen M. Kemp published an article in a September issue of the DRI ERISA Report entitled “Vesting Under ERISA Health Plans: Can ‘Lifetime’ Benefits Be Reduced or Eliminated?” The article illustrates why, in light of rising health care costs and an increasing retiree population, employers must implement a clear and concise “reservation of rights” provision to change or terminate benefits.

11-15-2006

Fulbright Partner Elected to A&M Association of Former Students Board
The Association of Former Students of Texas A&M elected Fulbright partner Otway Denny to serve on its 2007 board of directors. Denny will take office on Jan. 1, 2007.

Denny has been a partner at Fulbright since 1981. He has litigated numerous cases in state and federal courts, including products liability cases involving chemicals, automobiles and other vehicles and construction equipment.

Denny is past president of both the Houston Bar Association and the Houston Young Lawyers Association. He is past chair of the Board of Directors of the State Bar of Texas, past chair of the Board of the Houston Bar Foundation, and past chair of the Board of Trustees of the Texas Bar Foundation. Denny is a fellow of the American College of Trial Lawyers, an advocate of the American Board of Trial Advocates (chapter president, 1993), a sustaining life fellow of the Houston and Texas Bar Foundations, a fellow of the American Bar Foundation and a member of the American Bar Association, the International Association of Defense Counsel, the American Counsel Association, the Defense Research Institute and the Texas Association of Defense Counsel. He was also a member of the trial faculty of the 1994 Defense Counsel Trial Academy.

Denny earned a B.A. from Texas A& M University in 1971 and a J.D., cum laude, in 1973 from Baylor Law School.

Established in 1879, The Association of Former Students is the foundation of the world-renowned Aggie Network. With over 400,000 members, the organization's mission is to strengthen The Association of Former Students, promote the interests and welfare of Texas A&M University, perpetuate ties of affection and esteem formed in university or college days, and serve the student body.

11-15-2006

Corporate and Technology Commerce & Licensing Attorney Joins Dorsey & Whitney in Palo Alto
Global law firm Dorsey & Whitney LLP today announced that technology commerce & licensing attorney and former general counsel Hiro Tachibana has joined the firm’s Palo Alto office in the Corporate group. Tachibana will focus on IP counseling, technology commerce & licensing, and corporate finance matters.

Tachibana previously served as vice president and general counsel of Digeo, Inc., a Paul Allen technology company. He was at Fenwick & West LLP in 1991-2000, serving as a partner from 1995, where he specialized in technology and international strategic alliance transactions. He also served as corporate counsel for MIPS Computer Systems, Inc. and Fujitsu America, Inc.

Tachibana has more than two decades of extensive experience in technology commerce & licensing transactions for Silicon Valley companies and major Japanese companies, together with IP due diligence counseling for strategic equity investments, mergers and acquisitions, and IPOs. He has a strong background in corporate finance matters, and a substantial technology background in software, semiconductor, Internet, digital media, and cable television.

“The Dorsey Corporate practice offers a broad range of corporate services to its California clients, from venture capital and securities matters to transactional counsel,” said Craig Ritchey, partner-in-charge of the Dorsey Palo Alto office. “With Hiro’s record of wide-ranging corporate and technology commerce experience and international transactional expertise, he is an excellent fit that will benefit Dorsey clients on the West Coast and abroad.”

Tachibana received his B.S. and M.S. in Applied Science and Engineering from Yale University, his J.D. from the University of California Hastings College of the Law, and his LL.M. in taxation from New York University School of law. He is registered to practice before the United States Patent and Trademark Office and is bilingual in Japanese and English.

11-15-2006

Covington Advises Diamond Castle Holdings in Acquisition of Bluestone Television
An affiliate of Diamond Castle Holdings LLC announced the acquisition of BlueStone Television LLC for $230 million. Covington represented and advised Diamond Castle with respect to the FCC and broadcast industry aspects of the transaction, which is expected to close in the first half of 2007.

Diamond Castle is a New York based private equity firm that focuses on investments in, among other industries, media and communications. The firm has partnered with Randall D. (Randy) Bongarten, a broadcasting executive and former President of Emmis Television to acquire BlueStone.

BlueStone is a portfolio company of Providence Equity Partners, and owns and operates television stations with multiple network affiliations in eight markets nationwide. BlueStone Television’s markets include Tri-Cities in Tennessee and Virginia; Greenville, New Bern and Washington in North Carolina; Chico, Redding and Eureka in California; Abilene, Sweetwater and San Angelo in Texas; and Missoula, Butte, and Bozeman in Montana.

The Covington team included Jennifer Johnson, Eric Greenberg, William Fitz, Eve Pogoriler, and Enrique Armijo.

11-15-2006

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