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Chesapeake Energy Approved for DFW Oil & Gas Lease
Godwin Pappas Langley Ronquillo congratulates its client Chesapeake Energy Corp. on one of the largest and most visible oil and gas lease acquisitions ever consummated in North Texas. Chesapeake was approved by the Dallas/Fort Worth International Airport Board and the cities of Dallas and Fort Worth to lease 18,000 net acres of Barnett Shale leasehold for $181 million in cash and a 25% royalty.

Godwin Pappas Partner Marcos Ronquillo and his team represented Chesapeake in the bid application. These attorneys were selected by Chesapeake due to our firm’s experience representing governmental entities and, particularly, due to Mr. Ronquillo’s expertise in representing transit and transportation authorities.

A huge component of the bid package was the identification of potential minority business enterprises, minority and women investors, and subcontractors. Mr. Ronquillo’s services were deemed to be invaluable to Chesapeake in the identification of these potential investors and subcontractors due to his vast expertise in dealing with DFW and his involvement in the community across many sectors.

“We were extremely grateful to have had the wise counsel and consistent good judgment that Marcos provided us on all aspects of the bid process. He is a man who can grasp the big picture but who pays constant attention to even the smallest details. His advice on tactics and strategy were crucial to our success. That we succeeded is due in large measure to his personal involvement,” said Chesapeake’s DFW bid manager Dan Prescott.

At Chesapeake’s request, Godwin Pappas attorneys provided additional support on energy issues and investment strategies to be in compliance with state and federal laws, and the DFW bid requirements.

Partners Tom Hoekstra and Phil Offill provided key assistance in putting together the successful bid package. Mr. Hoekstra is the Chair of the Firm’s Energy Practice Group and Mr. Offill serves as the Chair of the Firm’s Securities Practice Group. Associates Greg Jackson, Jeff McPhaul, Katy Perkins and Christie Villarreal also played an instrumental role in preparing the bid application for Chesapeake.

Over time, DFW qualified 12 bidders, including 2 major oil and gas producers, and the leading independent natural gas producer in the United States. There was an outstanding field of producers in the running.

Michael Sorrell, member of the airport’s board of directors, provided an excellent summary at the press conference announcing Chesapeake’s selection, when he said, “I have a long history and a great deal of experience with this project. This company Chesapeake raised the bar. These guys get it. I think they raised the bar for all our bidders in the future.”

Godwin Pappas is a 100-member trial and appellate law firm that represents Fortune 500 and middle-market industry leaders in Texas and throughout the United States. We Solve the Problem™!

08-15-2006

American Banker: Thacher Proffitt Named #6 Top Lead Legal Adviser
Thacher Proffitt was named #6 in "Top Lead Legal Advisers" by American Banker, ranked by value of deals.

08-15-2006

Firm Wins Sixth Class Action Dismissal For Heineken and Other Alcohol Beverage Companies
The United States District Court for the Northern District of West Virginia has dismissed with prejudice a class action complaint alleging that our client Heineken and other alcohol beverage companies purportedly "targeted" underage youth with mass media alcohol advertising. It is the sixth such dismissal obtained by the Firm of similar class actions brought against Heineken and other alcohol beverage companies. The Simpson Thacher team consists of David Ichel, Mark Cunha, Bryce Friedman, Helena Almeida, Marissa Piropato, Tamala Boyd, Dan Davis, summer associate Ryan Soots and paralegal Rick Rosario.

08-15-2006

Simpson Thacher Advising Private Equity Consortium in Acquisition of Semiconductors Business of Philips Electronics
The firm is representing a group of private equity firms lead by Kohlberg Kravis Roberts & Co. and Silver Lake Partners, in their €8.3 billion acquisition of the semiconductors business of Koninklijke Philips Electronics N.V. The private equity consortium will hold 80.1% of Philips Semiconductors and Philips will retain the remaining 19.9% stake. The transaction is expected to close in the fourth quarter.

The transaction is being conducted principally out of the firm's London office, with valuable assistance from lawyers in the firm's Palo Alto and New York offices. STB team includes Greg Conway, Mark Pflug, Álvaro Membrillera, Tom Wedeles, David Wagner, Juerg Frick and Jon Steitz (M&A); Hartwell Hylton, Nick Shaw, Sinead O'Shea and Harald Zeiter (Financing); Steve Todrys, Meredith Jones and Jenifer Marsh (Tax); David Vann, Michael Naughton and Olivier Antoine (Antitrust); Lori Lesser, Philippine Dodd and Kirstie Howard (IP). Clifford Chance Amsterdam provided Dutch legal advice to the consortium.

08-15-2006

Simpson Thacher Represents The India Fund in Successful Completion of its Rights Offering
Simpson Thacher represented The India Fund, Inc. in connection with the successful completion of its rights offering, which expired on August 4th. Proceeds to the fund from the offer totaled approximately $450 million. The offering, which was oversubscribed, entitled the fund's stockholders to subscribe for additional shares of its common stock. The offering was the largest rights offering by a closed-end fund without the assistance of a dealer-manager.

The fund is a closed-end management investment company that seeks long-term capital appreciation by investing primarily in Indian equity securities. Blackstone Asia Advisors L.L.C., an affiliate of The Blackstone Group, serves as the fund's Investment Manager.

The Simpson Thacher team for this transaction included Cindy Cobden, Kathryn Gettles-Atwa and Jacob Tiedt (corporate) and Jon Cantor (tax). Valuable assistance was also provided by Sheryl Milgraum, senior paralegal.

08-15-2006

Significant Pharmaceutical Patent Litigation Win for Daiichi
On August 2, 2006, United States District Judge William Bassler entered a judgment on behalf of Morgan Lewis clients Daiichi Pharmaceutical Co., Ltd. and Daiichi Sankyo Inc. (collectively, Daiichi), finding, in a lengthy 51-page opinion, that defendants Apotex Inc. and Apotex Corp. (Apotex) would infringe Daiichi's U.S. Patent No. 5,401,741 (the '741 patent) if Apotex were permitted to launch a generic version of Daiichi's patented Floxin Otic medicine. Floxin Otic is the trade name for ofloxacin otic solution 0.3%, which is an ear drop used to treat ear infections including otitis media and otitis externa (commonly known as swimmer's ear.) In his opinion, Judge Bassler rejected all of Apotex's defenses of invalidity and unenforceability, and adopted all of the reasoning submitted by the Morgan Lewis team. This case is a significant pharmaceutical patent litigation win prosecuted under the Hatch-Waxman Act.

The case was tried before Judge Bassler in November 2005 over three weeks in federal district court in Newark by Morgan Lewis IP and Litigation partners Brian Murphy and David Leichtman. The trial team included Morgan Lewis IP and Litigation associates Laura Livaccari, Dan Murphy, Oren Langer, and Sandhya Kidd, Leza Di Bella and paralegals Michelle Rodriguez and Eric Norberg. Others, including Tokyo-based IP partner Robert Hollingshead also assisted with the case.

08-15-2006

Loeb & Loeb Represents Montecito and Cold Spring Pictures in $200 Million Production Financing
Loeb & Loeb LLP represented Montecito and Cold Spring Pictures in the creation, structuring and financing of a new company capitalized with $200 million to co-finance 10 motion pictures over the next 5 years and the conclusion of a first look deal for Cold Spring with DreamWorks Pictures to complement the new first look deal concurrently entered into by Montecito with DreamWorks. The $200 million capitalization of Cold Spring is a combination of equity provided by Merrill Lynch and a consortium of hedge funds, together with bank debt, provided by a team of banks led by Merrill Lynch and Société Général.

08-15-2006

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