Law Firm News

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Law Firm News

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Piper Rudnick, L.L.P.

DLA Piper advises ISE in action seeking to end exclusive listing of index options
Today DLA Piper US LLP filed a complaint on behalf of International Securities Exchange, LLC and International Securities Exchange Holdings, Inc. (ISE) in the U.S. District Court for the Southern District of New York, seeking to end the exclusive listing of certain index options. ISE has asked the court to issue a declaratory judgment holding that ISE does not need a license to list index options on the Dow Jones Industrial Average (Ticker: DJX) and S&P 500 Index (Ticker: SPX). Currently, these two actively-traded index options trade exclusively on the Chicago Board Options Exchange (CBOE) pursuant to licensing agreements between CBOE and Dow Jones & Company, the provider of the Dow Jones Industrial Average, and The McGraw-Hill Companies, Inc., the provider of the S&P 500 Index. In June 2006, the United States Court of Appeals for the Second Circuit ruled that ISE did not need a license to list options on the SPDR and DIAMONDS exchange-traded funds.

Andrew Deutsch, who heads the intellectual property practice group of DLA Piper's New York office, is lead counsel for ISE. DLA Piper and Mr. Deutsch previously represented ISE in its successful defense of litigations brought by Dow Jones & Company, Inc. and The McGraw-Hill Companies, Inc. Those suits sought to enjoin ISE from unlicensed listing of options on the SPDR and DIAMONDS exchange-traded funds. In June 2006, the U.S. Court of Appeals for the Second Circuit affirmed a September 2005 ruling by the U.S. District Court for the Southern District of New York that denied Dow Jones’ motion for preliminary injunction and dismissed both Dow Jones and McGraw-Hill’s complaints.

11-02-2006

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Jenner & Block LLP

Mason Addresses HR Outsourcing Forum on the Pension Protection Act
Jenner & Block Associate Galen R. Mason recently discussed the Pension Protection Act at the Fall 2006 Human Resources Outsourcing Forum Meeting at Time Warner’s Corporate Headquarters in New York, New York.

Mr. Mason, a member of the Firm’s Employee Benefits, Executive Compensation and ERISA Litigation Practices, presented on the Pension Protection Act. He summarized the major provisions of the Act, examined the administrative actions that will be necessary for compliance with the Act and provided advice on how to determine if outside vendors are prepared to comply with these provisions.

The Human Resources Outsourcing Forum is an organization of senior human resources executives who share the common goal of working with the service provider community to improve the quality of the outsourcing services, while reducing the cost of these services. Members are from leading U.S.-based companies with both domestic and global presence.

11-02-2006

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Howrey, LLP

DAMIEN GERADIN TO PRESENT INAUGURAL LECTURE
Professor Damien Geradin, Of Counsel in Howrey’s Brussels office, will present his inaugural lecture as a Professor of Competition Law and Economics at Tilburg University on 3 November. His lecture, entitled, “Twenty years of liberalization of network industries in the European Union: Where do we go now?” will trace the progress of liberalization from its early days to the present.

In addition to his position at Tilburg University, Dr. Geradin is a Director of the Global Competition Law Centre (GCLC), a think tank devoted to analytical research in the area of competition law, which is based at the College of Europe in Bruges. Over the years, Dr. Geradin has held visiting Professorships at leading US law schools including Columbia, Harvard and Yale. .

Dr. Geradin, a member of the Brussels Bar, is advising firms in a range of industries, including telecommunications, postal services, energy, and transport. He has also developed specific expertise in the area of standardization and IP licensing and is an advisor to the Qualcomm Corporation.

Mr. Geradin has authored the casebook, “Global Antitrust Law and Economics”, the preeminent text on the topic, with Prof. Einer Elhauge of Harvard Law School. He is the co-editor-in-chief of the Journal of Network Industries and the Journal of Competition Law and Economics and has published 15 books and more than 50 legal and economic papers in leading academic journals, including the Journal of Competition and Economics, World Competition, the Common Market Law Review, and the European Law Review. His work has been quoted by the European Court of Justice, the US Court of Appeals (10th Circuit), as well as in numerous regulatory proceedings.

Dr. Geradin is a magna cum laude graduate of the University of Liège Law School and holds a LL.M. from King's College London and a PhD from Cambridge University. He was a Fulbright research scholar at Yale Law School. And is a native of Belgium.

Tilburg University, located in Tilburg, The Netherlands, is well known for its high standards in education and scientific research. In nationwide yearly rankings Tilburg University is consistently top-ranked. Tilburg’s economic faculty has also been ranked No 1 in Europe by the Journal of the European Economic Association (JEEA, December 2003).

Dr. Geradin’s lecture scheduled at 4:15pm, on Friday November 3, will be followed by a reception and a dinner.

11-02-2006

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Rosenn Jenkins & Greenwald

Attorney Valentine Speaks at Recent Back Mountain Business Association Meeting
Attorney James P. Valentine was the guest speaker at the Back Mountain Business Association's November Meeting. Attorney Valentine spoke to small businesses regarding the legal side of human resources. He offered recommendations on how to avoid legal situations with employees and when it is advisable to obtain legal counsel.

11-01-2006

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Morgenstein & Jubelirer LLP

SCHIFF HARDIN LLP WELCOMES D. CHRISTOPHER OHLY AS A PARTNER IN THE WASHINGTON, D.C. OFFICE
Schiff Hardin LLP has added D. Christopher Ohly as a partner in the Intellectual Property Group in the Washington, D.C. office. He joins the firm from Blank Rome LLP. in Washington, D.C., where he was a partner.

Mr. Ohly has been a trial lawyer for more than 25 years. He has tried cases in federal courts throughout the country, in the courts of several states, in arbitral proceedings before the NASD, and before a number of specialized courts and governmental agencies.

A former Assistant U.S. Attorney, Mr. Ohly now concentrates his practice in intellectual property, as well as complex business litigation. He has served as lead counsel in patent, trademark, securities, shareholder and partnership derivative actions, accounting malpractice, tax, white collar criminal, international, and other corporate and commercial litigation.

Mr. Ohly has argued more than 25 cases in federal appellate courts in several judicial circuits, as well as a number of others in state appellate courts, and he has participated in controversies before the U.S. Supreme Court.

He received his undergraduate degree (B.A., Phi Beta Kappa, 1972) from Johns Hopkins University and his law degree (J.D., 1975) from the University of Virginia School of Law, where he was a member of the Virginia Journal of International Law. Mr. Ohly is admitted to practice in the District of Columbia; Maryland; the U.S. District Court for the District of Maryland; the U.S. Court of Appeals for the First, Second, Fourth, and Federal Circuits; the U.S. Supreme Court; the U.S. Tax Court, and the U.S. Railroad Court.

11-01-2006

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Davis Polk & Wardwell

CVS and Caremark to Merge
Davis Polk & Wardwell is advising CVS Corporation on its merger with Caremark Rx, Inc. in a $22 billion stock-for-stock transaction to form a new Fortune 20 company named CVS/Caremark Corporation. Caremark is one of the nation’s leading pharmaceutical services companies, providing comprehensive prescription benefit management services to over 2,000 health plans, including corporations, managed care organizations, insurance companies, unions and government entities. CVS is the nation’s largest retail pharmacy chain, with approximately 6,200 stores across 43 states. At closing, the combined company will have formed the nation's largest pharmacy services provider.

According to the terms of the definitive merger agreement, Caremark shareholders will receive 1.67 shares of CVS for each share of Caremark. The transaction is subject to stockholder approvals from both companies as well as customary regulatory approvals, including antitrust review in the United States under the Hart-Scott-Rodino statute pre-merger notification. The transaction is expected to be completed in 6 to 12 months from the announcement date.

The Davis Polk corporate team includes partners Louis L. Goldberg and John D. Amorosi and associates Scott Mitnick, Jason Rubin Sussman and Joanna McGinley. Partner Michael Mollerus and associate Neil Weinberg are providing tax advice. Partner Edmond T. FitzGerald and associates Ada Dekhtyar Karczmer and Ann Becchina are providing employment advice. Counsel Loyti Cheng and associate Heather Daly are providing environmental advice. Shelley Hoffman is the legal assistant on the transaction. All members of the Davis Polk team work in the New York office.

11-01-2006

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Brown, Raysman, Millstein, Felder & Steiner, L.L.P.

Brown Raysman Set To Merge Next Month With Thelen Reid
Law firms in New York, San Francisco, New Jersey and Connecticut are moving ahead with two separate merger plans they hope will enable them to better compete on a national level.

In the larger of the planned combinations, San Francisco's Thelen, Reid & Priest and New York's Brown Raysman Millstein Felder & Steiner announced yesterday they have agreed to become 615-lawyer Thelen Reid Brown Raysman & Steiner, effective Dec. 1. . . .

. . .The Thelen Reid deal pairs a larger West Coast firm best known for its construction practice, which represents engineering giants like Bechtel Corp., with a smaller New York firm focused on technology and intellectual property matters.

The current Thelen Reid firm is itself the product of a 1998 merger between San Francisco's Thelen, Marrin, Johnson & Bridges and New York's Reid & Priest. . . .

. . .Brown Raysman was a highly active firm during the late 1990s technology boom, representing several startups in Manhattan's Silicon Alley. But the firm has increased its presence in other practice areas and, earlier this year, acquired 15-attorney New York construction law boutique Ross & Cohen.

11-01-2006

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