Law Firm News

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Kaye Scholer LLP

Kaye Scholer LLP Successfully Defends Pfizer's Norvasc® Patent
After a seven-day bench trial, Chief Judge James M. Rosenbaum of the U.S. District Court for the District of Minnesota, sitting by designation in Chicago, provided Pfizer a total victory when he ruled from the bench that a Pfizer patent on its blockbuster drug Norvasc® is infringed, valid and enforceable. Norvasc® is Pfizer's second-largest selling drug, with worldwide sales in 2005 exceeding $2.5 billion. The case was begun when generic manufacturer, Apotex Inc., filed an Abbreviated New Drug Application seeking FDA approval to sell a generic copy of Norvasc® before the patent expires in September, 2007.

In a very strong opinion in Pfizer's favor, Judge Rosenbaum described the patent and its subject, the chemical compound amlodipine besylate, as follows: "The proof of this patent's worth is in the pudding. The besylate salt works and it has been incredibly successful . . . . The Court finds it to be an exceptional discovery. Amlodipine besylate is an invention in its own right, unanticipated, not obvious and patented in good faith."

The Kaye Scholer trial team included Milton Sherman, Richard Greco, Betty Ryberg, Joe Saphia and Dan Boglioli.

01-18-2006

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Jenner & Block LLP

Jenner & Block Facilitates “Friendly Foreclosure” Acquisition of Barjan Products
Jenner & Block recently helped facilitate a $20 million acquisition by Monomoy Capital Partners, LLC of Firm client Barjan Products, LLC by employing a creative transactional strategy known as a “friendly foreclosure,” which is not presided over by a bankruptcy court.

In this instance, a group of 13 banks led by General Electric Commercial Financial Services, Inc. agreed in advance to foreclose on Barjan’s encumbered assets as permitted by Article 9 of the Illinois Uniform Commercial Code, and sell those assets directly to Monomoy.

The friendly foreclosure is similar to another rarely-used alternative to bankruptcy known as an “assignment for the benefit of creditors,” or ABC.

With annual revenues of over $140 million and facilities in Illinois, Nevada and Georgia, Barjan is the largest distributor of over 8,000 non-food general merchandise to truck stops and travel centers across America. Monomoy, founded in March, is a private equity firm that buys distressed companies.

Barjan LLC Chief Executive Officer Mark G. Essig in a press release noted that Monomoy and Barjan have collaborated to build a business program that will “reduce costs, streamline operations and continue to exceed customer expectations in all aspects of distribution and marketing to the travel center industry.”

Partners Jill Sugar Factor and Jeff J. Marwil led the Jenner & Block team representing Barjan Products in the transaction, which also included Associates Peter H. Rosenbaum and Laura A. Sakulich. Also working on the matter were Partners Geoffrey M. Davis, S. Tony Ling, Gail H. Morse, Adam Petravicius and Steven M. Siros; Of Counsel Ruth A. Schoenmeyer; and Associates Mercedes M. Davis, Dawn M. Duffy, Frank J. Eichenlaub IV, Megan R. Leger and Darren M. Mungerson.

01-18-2006

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Jenkens & Gilchrist, P.C.

H-1B Advanced Degree Exemption Cap Reached
U.S. Citizenship and Immigration Services (USCIS) announced that as of January 17, 2006, the 20,000
H-1B slots reserved for foreign workers with U.S.-earned advanced degrees have been exhausted.
Cases received before January 17, 2006 will be accepted and, if approved, will be granted a visa
number. If a case was received by USCIS on January 17, a random, computer-generated selection
process is being used to determine which cases received that day will be allotted a visa number. The
remaining petitions for foreign workers with a U.S.-earned master’s or higher degree that do not
receive a visa number and are not otherwise exempt will be rejected and returned along with the filing
fees.
USCIS will continue to accept petitions for current H-1B workers, including petitions to extend the
period of stay, change the terms of employment, change employers, or to work concurrently in a
second H-1B position.
WHAT THIS MEANS FOR YOU
Petitions for new foreign workers subject to the cap must be for an employment start date on or after
October 1, 2006 and cannot be filed until April 1, 2006. The general H-1B cap of 58,200 was
exhausted last year in less than 19 weeks after the application period began. Employers are
encouraged to begin preparations now so their H-1B applications can be filed in April 2006. Contact
your Jenkens & Gilchrist immigration attorney to discuss H-1B filing strategies and other options.

01-18-2006

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Gibson, Dunn & Crutcher, LLP

Top NASD Enforcement Official Barry R. Goldsmith Joins Gibson Dunn in DC
Gibson, Dunn & Crutcher LLP is pleased to announce that Barry R. Goldsmith - currently NASD’s Executive Vice President for Enforcement - will join the firm’s Washington, D.C. office as a partner. NASD is the primary private-sector regulator of the country’s securities industry, and Goldsmith is NASD’s top enforcement official responsible for formulating its national enforcement policy and overseeing investigations and prosecutions. Prior to his 10-year tenure at NASD, Goldsmith served as chief litigation counsel at the Securities and Exchange Commission.

“With his 20 years in securities regulation at NASD and at the SEC, Barry is a key addition that will bring breadth and depth to our practice,” said Gibson Dunn Managing Partner Ken Doran. “Securities litigation, securities regulation and enforcement are among our busiest practices. His arrival will bring added expertise and much needed capacity to meet our client demand.”

“Barry is a highly regarded regulator and is widely respected among the financial services, business and regulatory communities,” said Mark Perry, Co-Partner in Charge of the firm’s Washington, D.C. office. “His experience in handling sophisticated securities enforcement matters and expertise in brokerage firm operations will be invaluable. We are delighted to add such a distinguished lawyer with deep senior-level regulatory and litigation experience to the securities group.”

“Gibson Dunn’s securities litigation, regulation and enforcement practice has a reputation that is unparalleled,” said Goldsmith. “I am looking forward to returning to private practice and working with a group of enormously talented colleagues at a firm that has such a strong platform in the financial services industry.”

01-18-2006

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Gallagher, Callahan & Gartrell, P.C.

Client Alert: New Military Leave Regulations Under USERRA and Poster Now in Effect
By Andrea K. Johnstone
On December 19, 2005, the US Department of Labor issued regulations that are intended to explain and clarify employer obligations under the Uniformed Services Employment and Reemployment Act of 1994 (USERRA). On this same date, the US DOL also issued the final version of the required USERRA workplace posting.

All employers, regardless of size, are covered by USERRA. This means that even companies with just a handful of employees must comply with USERRA's requirements.

USERRA places a number of significant obligations on employers relative to job- protected military leave, reemployment rights and rules regarding benefits entitlements during a military leave of absence. USERRA also prohibits discrimination and retaliation against any employee or applicant for employment because of current or former application for, or membership in, uniformed service.

New USERRA Poster
All employers must provide employees notice of the rights, benefits and obligations of employees entering military service covered by USERRA and employer obligations under the Act. The US DOL has issued a poster for this purpose.

The USERRA poster, issued in December 2005, should be displayed where your company posts other employee notices and required postings. Earlier versions of the USERRA poster should be replaced with the newly-released December 2005 version at all company locations.

Download the newly issued USERRA notice here.

01-18-2006

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Fragomen, Del Rey, Bernsen & Loewy, LLP

USCIS Announces That H-1B Advanced Degree Cap Has Been Reached
The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, made available 20,000 additional H-1B visas outside of the annual 65,000 cap that the Immigration and Nationality Act (INA) imposes on the issuance of new H-1B approvals each year. Specifically, the new law provided that an additional initial 20,000 H-1B approvals can be made each year on behalf of foreign nationals who have earned a Master's or higher degree from a U.S. academic institution.

USCIS has determined that as of January 17, 2006, it had received enough petitions on behalf of H-1B advanced degree beneficiaries to meet the annual cap on such petitions for the 2006 fiscal year. Accordingly, employers may no longer obtain approval from USCIS for any cap-subject H-1B petition for employment slated to commence during FY 2006 (which ends on September 30, 2006).

USCIS has determined that the "final receipt date" for the cap-exempt petitions is January 17, 2006. A computer-generated random selection process will be applied to petitions received on January 17, 2006. This process will select the exact number of cases received on January 17 needed to meet the 20,000 cap. Any remaining H-1B petitions for foreign workers with a U.S.-earned master's or higher degree will be rejected and returned with the filing fee.

Note that certain H-1B petitions are not subject to the cap. Amended petitions and petitions for an extension of stay, concurrent employment or a change in employer for existing H-1B workers are not subject to the cap, and may continue to be filed for FY 2006. In addition, petitions for new H-1B employment are not subject to the cap if the foreign national will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization.

The INA permits the filing of an H-1B petition up to six months in advance of the proposed start date. Accordingly, for employment beginning on October 1, 2006, USCIS will start accepting cap-subject H-1B petitions on April 1, 2006.

01-18-2006

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Dorsey & Whitney, L.L.P.

Lawyer of the Week" Simon Whitehead is Featured in The London Times Dorsey Partner Simon Whitehead is featured in The Times of London, where he discusses the impact of the recent ECJ tax ruling in favor of Dorsey client, Marks & Spencer, his best & worst
http://www.dorsey.com/news/news_detail.aspx?FlashNavID=news_recent&id=212455903

01-18-2006

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