Law Firm News

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Law Firm News

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Maynard Cooper & Gale, P.C.

Maynard Cooper listed in NLJ Client List – Who Represents Corporate America
In a recent survey of the Fortune 250 legal departments by The National Law Journal, Maynard, Cooper & Gale , P.C. was listed as “primary” outside counsel in the area of Labor and Employment for two of the companies. Since 1988, The National Law Journal has surveyed the Fortune 250 companies regarding their primary outside counsel. This year, 93 companies provided information on their top legal firms in the areas of corporate transactions, litigation, labor and employment, and intellectual property.

In addition, Best Lawyers in America® 2007 ranks Maynard, Cooper & Gale, P.C. as the #1 firm in both Birmingham and Alabama in the area of Labor and Employment Law. Six of the firm's seventeen labor and employment lawyers have been recognized as among the best in their profession by Best Lawyers in America® and/or Chambers USA - America’s Leading Business Lawyers. The National Law Journal is a weekly publication providing legal information of national importance to attorneys. The publication provides reports on federal circuit court decisions, verdicts of national importance and legal news from the business and private sectors. For more information, go to www.nlj.com.

The Birmingham-based law firm of Maynard, Cooper & Gale, P.C., with 160 attorneys, offers a full array of legal services to a broad and diverse client base consisting of Fortune 500 companies as well as closely held companies, partnerships, professional associations, charities and individuals. Maynard, Cooper & Gale is Alabama’s only member of Lex Mundi, an international association of more than 140 widely recognized independent law firms, which by membership gives the firm access to high quality local legal expertise throughout the world. The firm is also Alabama’s only member of the Southern Law Network, a regional network of independent law firms.

11-02-2006

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Latham & Watkins

DIRECTOR OF THE US DEPARTMENT OF JUSTICE'S ENRON TASK FORCE JOINS LATHAM & WATKINS
Latham & Watkins LLP1 is pleased to announce that Sean M. Berkowitz has joined the firm's Chicago office as a partner in the Litigation Department, effective November 1, 2006.

Immediately prior to joining Latham, Berkowitz served as the Director of the US Department of Justice's Enron Task Force. He assumed the position in July 2005, and has been responsible for leading a team of prosecutors, F.B.I. agents and Internal Revenue Service personnel in prosecuting criminal violations in connection with the collapse of Enron Corporation in 2001. Berkowitz served as lead prosecutor in the trial of Enron's founder, Kenneth L. Lay, and former chief executive, Jeffrey K. Skilling.

Berkowitz joined the Enron Task Force in December 2003 after working in the criminal division of the Chicago US Attorney's Office. In his five years there, he worked on a wide range of matters including securities fraud prosecutions and a high profile capital murder case involving the death of a federal witness.

"Sean brings a vast wealth of experience and knowledge to Latham and will be a tremendous resource for our clients," stated Stephen Bowen, Office Managing Partner of Latham & Watkins in Chicago. "His judgment, competitive drive and enthusiasm will make him an exceptional colleague and an excellent addition to Latham."

"Sean is a formidable talent," said Peter Wald, Global Chair of Latham's Litigation Department. "His litigation and trial experience, insight and expertise will strongly complement our existing roster of premier litigation attorneys. Sean's decision to join Latham & Watkins is an important statement about our position in this highly competitive global market, and about our well-earned reputation for creativity and excellence in the delivery of client services. We are proud to welcome him as our partner, and look forward to his many contributions."

Berkowitz stated, "Joining Latham & Watkins' highly respected litigation practice presents an excellent opportunity for me. I am very excited about becoming a part of the firm's outstanding litigation team, culture of hard work and dedicated service to clients. Latham offers the ideal platform to grow and develop my practice."

Berkowitz graduated summa cum laude from Tulane University in 1989 and received his law degree cum laude from Harvard Law School in 1992. Prior to joining the Department of Justice in 1998, Berkowitz was with the law firm of Katten Muchin Rosenman LLP in Chicago.

In September 2006 Berkowitz and the Enron Task Force team received the Attorney General's Award for Exceptional Service. The Latham litigation team is the only US firm to be ranked in the prestigious American Lawyer "Litigation Department of the Year" survey in both 2004 and 2006. The widely-watched survey ranks the top five litigation departments in the US and the 2006 survey noted "with clever.

11-02-2006

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Lane Powell PC

Gillman Joins Lane Powell's Immigration Group
Charles E. Gillman joined Lane Powell as an associate attorney in the Immigration Law Practice Group. Gillman focuses his practice on all aspects of employment-based immigration law. He provides analysis of non-immigrant visa and permanent resident options for both corporations and individuals, prepares suitable visa applications on behalf of corporations and advises individuals on family immigration matters, including applying for naturalization as a U.S. citizen. Gillman also represents clients before U.S. consulates and at ports of entry to the United States, advises corporations on workplace compliance issues, and provides immigration-related due diligence for mergers and acquisitions.

Prior to joining Lane Powell, Gillman practiced immigration law as an associate for many years with the law firm of Ronald W. Freeman, P.C. in Manhattan, New York. He came to the Northwest in 2002 to work as an in-house immigration attorney with Microsoft Corporation in Redmond, Wash., and then practiced immigration law for three years with the Larsson Immigration Group, P.C. in Bend, Ore.

11-02-2006

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King & Spalding

King & Spalding Advises Caremark Rx, Inc. On Its Merger With CVS Corporation
King & Spalding, a leading international law firm, advised Caremark Rx, Inc. on its announced merger with CVS Corporation. The transaction is structured as a merger of equals.

A team of King & Spalding lawyers based in the firm's New York office is leading the firm's representation of Caremark Rx, Inc. The lead partners on the team are the following:

Michael J. O'Brien, Partner (New York)
Tracey A. Zaccone, Partner (New York)

Other members of King & Spalding's Caremark team include the following:

Partners:
Gary G. Grindler, Partner (Washington)
Donald S. Kohla, Partner (Atlanta)
Robert G. Woodward, Partner (Atlanta)
John F. Wymer III, Partner (Atlanta)

Lead Associates:
Alison Van Lear, Associate (Atlanta)
Christina H. An, Associate (New York)
Carl E. Smith, Associate (New York)

Associates:
Suellen W. Bergman, Associate (Atlanta)
Todd C. Duffield, Associate (Atlanta)
Ely R. Levy, Associate (New York)
Amy Michigan, Associate (Atlanta)
Laura M. Nolen, Associate (Atlanta)
James R. Stull, Associate (Atlanta)
Ansley C. Tillman, Associate (Washington)

Consultants and Specialists:
Jan G. Marsh, Consultant (Atlanta)
Heather Moore, Employee Benefits Specialist (Atlanta)

11-02-2006

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Hunton & Williams, LLP

Hunton & Williams Tax Counsel in Connecticut Bond Sale
Connecticut State Treasurer Denise L. Nappier says Connecticut taxpayers will save $12 million over the next 17 years from a recent refinancing of outstanding State debt. The General Obligation bond sale, conducted last week, included $300 million of new money bonds and over $300 million of refunding bonds. The bonds will close on November 9, 2006.

With completion of this latest refunding transaction, the total amount of State debt refunded and defeased under the Nappier administration is almost $6.4 billion. This active management of existing debt commitments has been executed over the last eight years in thirty-five different financing transactions, with total debt service savings to the state budget - and taxpayers - of just over $518 million.

11-02-2006

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Hunton & Williams, LLP

Environmental Markets Association Welcomes Allison Wood to the Board of Directors
Hunton & Williams LLP is pleased to announce that the Environmental Markets Association has elected Allison Wood to its Board of Directors. Wood has been a long standing member of EMA and has contributed invaluable knowledge at past conferences and in the EMA's international development.

Wood joined the firm as an associate in 1999 in the Washington office with its resources, regulatory and environmental law team. Her practice focuses on environmental and administrative law, with an emphasis on air issues, including global climate change, emissions trading, the establishment and implementation of national ambient air quality standards, and general and transportation conformity. Wood also has experience in appellate and district court litigation, agency rulemakings, compliance advice, and legislative representation. Her representative clients include companies and trade associations in the electric generation industry, manufacturing industries, and transportation and land development industries.

Wood received her undergraduate degree from California State University, Northridge, and her law degree from George Washington University Law School with honors. She was Editor-in-Chief of The Environmental Lawer in law school. Wood is a member of the District of Columbia and Virginia State Bars; she is also admitted to practice in the U.S. Supreme Court, U.S. Courts of Appeals for the Second, Fourth, and D.C. Circuits, the U.S. District Court for the District of Columbia, and the U.S. District Court for the Eastern District of Virginia.

11-02-2006

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Hagens, Berman, Sobol & Shapiro, L.L.P.

Pharmaceutical Giants Lose Key Court Ruling on ‘Average Wholesale Price’ Litigation
a U.S. District Court dealt a major blow to a group of pharmaceutical companies including AstraZeneca (NYSE: AZN); Johnson & Johnson (NYSE: JNJ); Schering-Plough (NYSE:SGP) and Bristol-Myers Squibb Co. (NYSE:BMY), denying the companies' motion to dismiss a nationwide class action law suit alleging they defrauded consumers by illegally inflating the cost of prescription drugs.

The key ruling was issued just days before the trial is set to begin on November 6 in Boston.

The suit, led by attorney Steve W. Berman, managing partner of Seattle-based Hagens Berman Sobol Shapiro LLP, targets the companies' practice of inflating the Average Wholesale Price (AWP) that they reported through publications for certain drugs, including costly chemotherapy agents. In turn, Medicare, Medicaid and third-party payers such as insurance companies, reimburse pharmacies and physicians for drugs they provide based on the AWP. Individual patients also pay out-of-pocket costs on this basis.

Today's ruling roundly rejects the defendants' assertions that while the data was termed "average wholesale price," Congress and others responsible for setting reimbursements inherently understood that the figures were not accurate, and had little reflection on the actual average wholesale price, but rather was a benchmark used for negotiation purposes.

U.S. District Judge Patti B. Saris' ruling states that "determining the plain language meaning of the regulatory and statutory term 'average wholesale price' is a straightforward exercise that begins with the dictionary." Judge Saris goes on to cite Webster's Third New International Dictionary of the English Language entries for the words 'average,' 'wholesale,' and 'price'.

"In essence, the court found that average wholesale price means just that: the average price at which wholesalers sell drugs to their customers, and not a fictitious figure made up by defendants to game the system," Berman added

"This was the last big hurdle we faced before trial," Steve Berman said. "The defendants have been trying to hide behind a miasma of misinformation and deceit, and we are happy the judge saw through it. We are looking forward to Monday."

Earlier this year, the plaintiffs reached a $70 million settlement with GlaxoSmithKline (NYSE: GSK) on behalf of consumers and third-party purchasers, removing them from this litigation. In the proposed settlement agreement, 30 percent of the $70 million settlement will go to consumers who incurred co-payments based on AWP for a list of specific Medicare Part B covered drugs manufactured by GSK. The remaining 70 percent will go to third-party payers including health plans, HMOs and other organizations who purchased certain GSK drugs.

Hagens Berman Sobol Shapiro also recently announced a settlement with First Data Bank (FDB), a primary publisher of the Average Wholesale Price list for pharmaceutical products. In that settlement, FDB will adjust the Wholesale Acquisition Cost to AWP mark-up on 95 percent of pharmaceuticals sold in the U.S.. United States drug savings from this settlement are estimated to reach $4 billion in 2007 alone. If the settlement is approved, $3.3 billion will go to third-party payers, while approximately $400 million will go to the uninsured. FDB has also agreed to stop publishing the AWP list for pharmaceutical products after a two year notice period.

11-02-2006

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