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Hogan & Hartson LLP

Hogan & Hartson Partner Honored With Induction Into the College of Labor and Employment Lawyers
Hogan & Hartson LLP New York partner Michael Starr was formally inducted into the College of Labor and Employment Lawyers on August 6 at the American Bar Association Convention in Honolulu. Starr was named a fellow of the College of Labor and Employment Lawyers, an honor reserved only for those whose professional performance has been deemed outstanding by one’s colleagues for more than 20 years in practice. Membership to the College is by invitation only and is considered the highest recognition for those who exemplify integrity, dedication, and excellence in the practice of labor and employment law.

Starr’s practice involves all aspects of employment and labor relations law. He is representing clients before state and federal courts, the U.S. courts of appeals, and the U.S. Supreme Court.

Starr has written numerous articles and lectured extensively on labor and employment issues and writes a regular employment law column for the National Law Journal. He is a founding board member and member of the board of directors of the Court Appointed Special Advocates (CASA), serves as a court appointed mediator for employment and civil rights matters for the federal district court in New York, and since 2005, has been listed by Chambers USA as among the leading employment lawyers in the United States. Starr received his law degree from Yale Law School and holds a Ph.D. in Philosophy from the University of Michigan. He received his bachelor’s degree from Binghamton University.

08-08-2006

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Mason, Hayes & Curran

Public procurement update – new European guidance on procurement of low value contracts
Low value contracts account for the vast majority of public contracts in the EU; over 90% in some Member States. While individually these contracts may be of low value, collectively they are worth billions of euro annually.
Robert McDonaghThere has been a misconception among public bodies that these contracts are not subject to EU law. However, this issue has been clarified by a number of European cases as well as by guidance recently issued by the European Commission.

This article discusses the recent guidance issued by the European Commission which elaborates upon what public bodies must do to award low value contracts in compliance with EU law.

Introduction
The European Court of Justice (“ECJ”) has developed minimum standards which must be applied when awarding a public contract. These standards are based upon the principles of EU law which are enshrined in the internal market provisions of the EC Treaty. These principles/minimum standards must be applied to contracts not or not fully subject to the procurement directives.

The manner in which public contracts must be awarded to comply with the general principles of EU law is not always clear. This applies particularly with respect to contracts not subject to the procurement directives, such as contracts below the value thresholds. This is because the detailed rules of the directives which facilitate (but do not ensure) compliance with the principles of EU law do not apply to such contracts.

The European Commission recently published guidance which contains suggestions on how awarding authorities should comply with EU law principles when entering into low value contracts. In particular, the guidance explains the basic standards of transparency and impartiality that must be applied to the advertising, award and review of contracts. The guidance was issued as a result of the increasing number of complaints received by the Commission concerning the award of low value contracts in breach of EU law.

Background
Two new directives relating to the award of contracts for goods, works or services by public authorities and utilities came into force on 31 January 2006. These directives consolidated and replaced the four previous procurement directives.

Regulations transposing the new Public Sector Directive (1) were signed into law on 22 July 2006. Regulations implementing the new Utilities Directive (2) are being finalised and are expected to be signed into law shortly.

The directives set out in detail how public bodies must award public contracts above the applicable value thresholds. These thresholds vary depending on the type of contracting authority and on the type of contract. In addition, certain specified services contracts (such as health or legal services for example), generally referred to as Part B contracts, fall within the ambit of the directives but are not subject to the full procedural rules. This is the case even if their value exceeds the applicable value threshold.

The ECJ, in a series of judgements, has confirmed that contracts not subject to the procurement directives may still be subject to the principles of EU law enshrined in the EC Treaty. This includes contracts which fall completely outside the ambit of the directives as well as Part B contracts which are not subject to the full procedural rules.

Similarly, the ECJ has held that the award of services concessions is subject to the principles of EU law even though the concession itself is not covered by the procurement directives. A services concession is similar to a normal contract except for the fact that the consideration for the provision of the service consists either solely in the right to exploit the service or in this right together with payment.

The guidance does not specifically address concessions although some of the same principles may still apply. It is expected that the Commission will specifically address concessions in its follow up to the Green Paper on Public Private Partnerships. The Commission also issued guidance on concessions back in 2000.

08-08-2006

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Fraser, Stryker, Meusey, Olson, Boyer & Bloch, P.C.

Willis Named to Omaha Public Library Board of Trustees
Fraser Stryker attorney Sherman P. Willis has been named to serve as a member of the Omaha Public Library Board of Trustees, effective July 1, 2006.

Founded in 1871, the Omaha Public Library is a department of the City of Omaha and is governed by a nine-member Board of Trustees. Board members, who serve without compensation, are appointed by the Mayor and confirmed by the City Council to serve a three-year term.

The Board meets monthly at various libraries within the ten-branch Omaha Public Library system. Meetings are open to the public. Board members have oversight of the expenditure of all funds in the Omaha Public Library budget, promulgate library policy and procedures, and appoint the Library Director.

08-08-2006

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Dewey & LeBoeuf LLP

"CommScope Makes a Play for Andrew"
Dewey Ballantine represented Bank of America Securities, financial advisor to CommScope, in connection with CommScope’s bid to acquire Andrews Corporation for $1.7 billion.

08-08-2006

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Hodgson Russ LLP

Asking potential new employees certain personal questions may not be legal
This article originally appeared in the August 8-9, 2006 edition of Boca Raton News, www.bocanews.com. Reprinted with permission.

The recruiting and training process is often a significant business expense, which makes identifying individuals with the potential of becoming excellent employees an economic imperative. In their weekly Boca Raton News column, Hodgson Russ partners Larry Corman and Glenn Rissman discuss steps employers can take to reduce the likelihood of being held liable for negligent hire or retention, as well as tips to avoid asking prohibited interview questions.

08-08-2006

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Cleary, Gottlieb, Steen & Hamilton, L.L.P.

Korean Refiner in $200 Million Notes Offering
Cleary Gottlieb served as transaction counsel in GS Caltex Corporation’s $200 million Reg S offering of 6.00% notes due August 2016. The notes were listed on the Singapore Stock Exchange. Deutsche Bank and Goldman Sachs International served as joint book-runners in the transaction.

GS Caltex is one of the largest petroleum refining companies in Korea, and a leading producer of certain petrochemical products.

08-08-2006

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Cleary, Gottlieb, Steen & Hamilton, L.L.P.

Public REITS in $6 Billion Merger
Cleary Gottlieb is advising Goldman, Sachs & Co., as financial advisor to the independent directors of Reckson Associates Realty Corp., in Reckson's merger with SL Green Realty Corp. SL Green will acquire all of Reckson's common stock and operating partnership units for $31.68 in cash and a fixed exchange ratio of 0.10387 shares of SL Green common stock per Reckson common share and operating partnership unit. Concurrent with this merger, SL Green will sell specified assets of Reckson to an investment group led by existing Reckson executive management and Marathon Asset Management for $2.1 billion. The merger and the asset sale are expected to close simultaneously following the receipt of stockholder and regulatory approvals.

SL Green Realty Corp. is a self-administered and self-managed real estate investment trust, or REIT, that predominantly acquires, owns, repositions and manages a portfolio of Manhattan office properties. Reckson is a self-administered and self-managed REIT specializing in the acquisition, leasing, financing, management and development of Class A office properties in the Tri-State area.

08-08-2006

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