Law Firm News

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Law Firm News

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Berry, Appleman & Leiden, LLP

State Department Announces Advancement Of Priority Date Cutoffs For February 2006
The State Department today released the February 2006 Visa Bulletin, announcing advancement of priority date cutoffs for many employment based immigrant visa categories, including India and China. (See the summary chart below.) Individuals with a filed or approved 140 petition, and whose priority dates are on or earlier than the cutoff dates announced for February will be eligible to file their adjustment of status applications during the month of February 2006. Pending adjustment applications may be approved for individuals whose priority dates are on or earlier than the announced cutoff dates if all other requirements including the necessary background security checks have been completed.
The State Department advises that movement of priority date cutoffs have been more rapid than originally expected due to "low visa number demand from Citizenship and Immigration Services (CIS) for adjustment of status cases." The State Department also advised that the rate of forward movement will slow or could even reverse if CIS demand increases in the future.

01-12-2006

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Becker & Poliakoff, P.A.

FT. LAUDERDALE, FL (Jan. 12, 2006) ? The increasingly significant segment of Florida?s
population who live in condominium, homeowner and other common-ownership living
associations statewide appear to be getting younger, staying in the state longer, working harder,
actively informing themselves about issues that impact their communities and are generally
supportive of the peers they elect to handle their finances and run their associations.
Results of the second annual CALL 2005 Florida Community Living Survey, conducted online
statewide from Oct. 1-Nov. 30, show new trends in the concerns, attitudes and lifestyle choices
of this increasingly important segment of Florida?s population.
Respondents to the survey expressed concern over insurance-related issues and a general
ambivalence toward seeking association help in preparation for catastrophic storms, while
community financial matters and board-member integrity, maintenance of their communities and
enforcement of standards, rules and regulations are among issues that they say concern them
most.
Key findings of this second annual CALL 2005 Florida Community Living Survey include:
• Insurance affordability and availability is of extreme concern for 69% of all owners
statewide, while 45.9% say they don?t significantly rely on their association for catastrophic
storm preparations ? an attitude that is more pronounced among HOA owners (70%), less so
among condo unit owners (35%);
• Only a quarter of the state?s community association population fits the ?snow bird?
category, with fully three-quarters living at least seven months of the year in their Florida home
and a full two-thirds claiming full-time residence of 10-12 months annually;
• In tandem with the percentage of full-time residents, the percentage of those employed
full-time is up from 22.6% in 2004 to 27% in 2005, while those who work from home at least a
few hours per week is up from 21.6% in 2004 to 31% in 2005; and,
• Condo and HOA owners are increasingly ?wired? -- after newspaper articles, more than
half (51.3%) said they get information about community association issues via e-mail and 39.1%
consult the Internet ? though 68.1% say they never check their association website, most
because no site exists, but for 10.4% because they find it of ?no value.
Condominium ownership was the majority form of ownership shown in the survey, with
response from 802 condo unit owners, or 63.6% of the total -- up from 415 condo owner
responses (60.4%) in 2004. HOA property owner respondents grew in real terms from 238 last
year to total 370 in the 2005 Survey, while owners of cooperative, mobile home, condo hotel
and timeshare property combined amounted to just 7% of the 2005 total.
Sponsored by the Community Association Leadership Lobby (CALL), an advocacy group
established in 2003 by Florida-based law firm Becker & Poliakoff to advance the shared
interests of the state?s common-ownership community associations, the 2005 CALL survey
response increased by 73% as compared to 2004, with a total of 1,299 condominium,
cooperative, timeshare, mobile home and homeowner association members responding in 2005
to the survey.
?We are extremely pleased at the sizeable growth in the response to the CALL 2005 Survey, the
result of community association residents increasingly wanting to make their voices heard and
of CALL?s concerted effort to include as many Florida community association property owners
as possible in this year?s survey,? said CALL Executive Director Donna D. Berger, in announcing
the results.
?The 2005 survey confirms some trends first noted last year, brings to light other information
and answers many pending questions about Floridians living in community associations, giving
civic, business and community association leaders the opportunity to listen, learn and better
serve this increasingly important and vocal group of Florida citizens,? said Ms. Berger, a Becker
& Poliakoff shareholder and community association attorney, who has counseled South Florida
community associations for the past 12 years.
Key responses to questions on community financial issues and board performance showed:
• Fully three-quarters (75%) say they are ?extremely concerned? about keeping the
association budget balanced, with 64% also eyeing reserves and special assessments as
issues of extreme concern;
• Just as many (74.9%) give their association boards a favorable approval rating on
handling of association finances; and,
• An even greater percentage (77.2%) feel their board members ?are responsive to the
community? ? with a solid two-thirds majority of non-board members (69%) saying the same.
On enforcement of rules, regulations and governing documents:
• There is overwhelming support (96.2%) for ?strong enforcement,? with 51.8% favoring a
measure of compassion for ?hardship exceptions as needed?;
• Even greater support of strong enforcement is seen among condo unit owners (98.3%),
while across all types of associations 93.6% of non-board members say they favor strong
enforcement;
• Fully 93.7% feel warning letters should be sent to fellow owners who do not comply with
rules, regulations and government documents, while 78.3% also support fines and at least twothird
support additional enforcement measures of lawsuits (69.5%) and liens against property or
foreclosure (67.2%).
The percentage of survey respondents who currently serve on their association?s board of
directors declined in 2005 to 48.2% of the total 1,299 responses, as compared to 51.2% of the
total 751 responses in 2004. More than a quarter of respondents (25.6 %) say they have never
served on any association board, also down from last year (31.7%).
The margin of error for the total sample of the CALL 2005 Florida Community Living Survey is
+/- 3% at the 95% confidence level. Results of the survey can be seen in a summary port
posted to the website of the Community Association Leadership Lobby at www.callbp.com.
About the Community Association Leadership Lobby (CALL)
The Community Association Leadership Lobby is the leading organization working to enhance
the quality of life and protect property values for Florida’s community association residents.
CALL advocates on behalf of more than 4,000 member communities, including condominiums,
homeowners’ associations, mobile home communities and cooperatives throughout the state.
More information on the Community Association Leadership Lobby can be found at
www.callbp.com

01-12-2006

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Akin Gump Strauss Hauer & Feld, L.L.P.

LEADING LEVERAGED BUYOUT, FINANCE AND SECURITIES LAWYERS TO JOIN AKIN GUMP, SIGNIFICANTLY EXPANDING FIRM'S PRIVATE EQUITY PRACTICE
Adam K. Weinstein, Stewart A. Kagan and Rosa A. Testani will join Akin Gump Strauss Hauer & Feld LLP as partners in the firm’s New York office, it was announced today. Messrs. Weinstein and Kagan and Ms. Testani represent leading large cap and middle market private equity funds and their portfolio companies in leveraged buyouts and related financing and securities transactions. Before joining the firm, all three were partners in the New York office of O’Melveny & Myers LLP and its predecessor, O’Sullivan LLP.

R. Bruce McLean, Akin Gump’s chairman, said, “As the private equity industry continues to attract new investment capital, there is tremendous demand for highly skilled lawyers who are experienced in handling a broad range of complex transactions for both funds and their portfolio companies. These three first-rate attorneys have worked with many top private equity firms. With their arrival, we are combining a leading fund formation practice with leading buyout, securities and financing legal talent, significantly enhancing our ability to meet the needs of our growing client base — in New York and beyond. We are very pleased to welcome Adam, Stewart and Rosa to the firm.”

Mr. Weinstein, who will co-chair Akin Gump’s private equity mergers and acquisition practice, said, “We could not be more excited by the opportunities that lie ahead. The strategic fit among our practice areas and our client base, the intensity of and support from Akin Gump, and the entrepreneurial and collegial atmosphere of the firm are quite impressive.”

Mr. Weinstein brings to Akin Gump broad experience in representing large cap and middle market private equity funds and their portfolio companies. During the course of his career, he has advised on mergers, strategic investments, growth financings and leveraged acquisitions. He is also actively involved in advising private equity investors in the management of their portfolio companies, including corporate governance matters, management incentive plans, financings, follow-on acquisitions, restructurings, securities offerings and liquidity events. Mr. Weinstein received a B.S. from Cornell University and a J.D. cum laude from Fordham Law School.

Mr. Kagan represents private equity firms and their portfolio companies, as well as major financial institutions, with respect to debt financings and private equity investments. He has substantial experience with leveraged buyouts, senior leveraged credits, high-yield debt, bridge loans, mezzanine finance and equity financings. Mr. Kagan received a B.A. magna cum laude from Harvard University and a J.D. from Yale Law School, where he was a Coker Fellow.

Ms. Testani has substantial experience representing issuers, selling stockholders and underwriters/initial purchasers in public and private offerings of equity and high-yield debt, restructuring transactions, consent solicitations and debt tender offers. Her practice focuses primarily on the representation of portfolio companies that are first-time issuers and advising on securities law, corporate governance and general corporate matters. She received a B.S. summa cum laude from Fordham University and a J.D. from Yale Law School.

Covering all major categories of alternative investing, Akin Gump’s investment funds and private equity group has helped clients raise, invest and realize billions of dollars over the past decade. The firm is especially well-known for its deep, long-term relationships with some of the world’s largest private equity and hedge fund managers.

01-12-2006

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Akin Gump Strauss Hauer & Feld, L.L.P.

Leading Leveraged Buyout, Finance And Securities Lawyers To Join Akin Gump, Significantly Expanding Firm's Private Equity Practice
(New York, NY) – Adam K. Weinstein, Stewart A. Kagan and Rosa A. Testani will join Akin Gump Strauss Hauer & Feld LLP as partners in the firm’s New York office, it was announced today. Messrs. Weinstein and Kagan and Ms. Testani represent leading large cap and middle market private equity funds and their portfolio companies in leveraged buyouts and related financing and securities transactions. Before joining the firm, all three were partners in the New York office of O’Melveny & Myers LLP and its predecessor, O’Sullivan LLP.
R. Bruce McLean, Akin Gump’s chairman, said, “As the private equity industry continues to attract new investment capital, there is tremendous demand for highly skilled lawyers who are experienced in handling a broad range of complex transactions for both funds and their portfolio companies. These three first-rate attorneys have worked with many top private equity firms. With their arrival, we are combining a leading fund formation practice with leading buyout, securities and financing legal talent, significantly enhancing our ability to meet the needs of our growing client base — in New York and beyond. We are very pleased to welcome Adam, Stewart and Rosa to the firm.”
Mr. Weinstein, who will co-chair Akin Gump’s private equity mergers and acquisition practice, said, “We could not be more excited by the opportunities that lie ahead. The strategic fit among our practice areas and our client base, the intensity of and support from Akin Gump, and the entrepreneurial and collegial atmosphere of the firm are quite impressive.”
Mr. Weinstein brings to Akin Gump broad experience in representing large cap and middle market private equity funds and their portfolio companies. During the course of his career, he has advised on mergers, strategic investments, growth financings and leveraged acquisitions. He is also actively involved in advising private equity investors in the management of their portfolio companies, including corporate governance matters, management incentive plans, financings, follow-on acquisitions, restructurings, securities offerings and liquidity events. Mr. Weinstein received a B.S. from Cornell University and a J.D. cum laude from Fordham Law School.
Mr. Kagan represents private equity firms and their portfolio companies, as well as major financial institutions, with respect to debt financings and private equity investments. He has substantial experience with leveraged buyouts, senior leveraged credits, high-yield debt, bridge loans, mezzanine finance and equity financings. Mr. Kagan received a B.A. magna cum laude from Harvard University and a J.D. from Yale Law School, where he was a Coker Fellow.
Ms. Testani has substantial experience representing issuers, selling stockholders and underwriters/initial purchasers in public and private offerings of equity and high-yield debt, restructuring transactions, consent solicitations and debt tender offers. Her practice focuses primarily on the representation of portfolio companies that are first-time issuers and advising on securities law, corporate governance and general corporate matters. She received a B.S. summa cum laude from Fordham University and a J.D. from Yale Law School.
Covering all major categories of alternative investing, Akin Gump’s investment funds and private equity group has helped clients raise, invest and realize billions of dollars over the past decade. The firm is especially well-known for its deep, long-term relationships with some of the world’s largest private equity and hedge fund managers.
Founded in 1945, Akin Gump Strauss Hauer & Feld LLP, a leading international law firm, numbers more than 900 lawyers with offices in Austin, Brussels, Dallas, Dubai, Houston, London, Los Angeles, Moscow, New York, Philadelphia, San Antonio, San Francisco, Silicon Valley, Taipei and Washington. The firm has a diversified practice and represents regional, national and international clients in a wide range of areas, including antitrust; appellate; banking and finance; capital markets; communications and information technology; corporate and securities; corporate governance; employee benefits; energy; entertainment and media; environmental; estate planning, wealth transfer and probate; financial restructuring; global security; government contracts; health; insurance; intellectual property; international trade; investment funds; labor and employment; land use; litigation; mergers and acquisitions; private equity; privatization; project development and finance; public law and policy; real estate development and finance; Russia/CIS; tax; and technology. For additional information, please visit our Web site at akingump.com.

01-12-2006

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Willkie, Farr & Gallagher, LLP

Paris Office Assists in $729 Million Sale of France’s Autodistribution SA
On January 6, private equity firm Investcorp SA announced its $729 million agreement to acquire French auto parts distributor and repair workshop chain Autodistribution SA from an investor group led by Willkie client Goldman Sachs Capital Partners. In this secondary buyout, Investcorp will own the Autodistribution group through the holding company Autodis. Autodistribution is France's largest independent distributor of auto, truck and industrial parts. It supplies products to a network of garages and body repair workshops, about 2,600 of which are affiliated garages operating under the AD and Autoprimo brands. Paris partners Daniel Payan and Emmanuel Scialom advised Goldman Sachs Capital Partners in the sale.

01-11-2006

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White & Case, LLP

DOJ Policies on Attorney-Client Privilege Threaten Important Values Say White & Case Lawyers
Washington, D.C., January 11, 2006 ... A core principle of our legal system, the privileged status of attorney-client communications, is in peril, according to George J. Terwilliger III, former Deputy Attorney General of the United States and head of White & Case LLP's Corporate Defense and Special Litigation practice.

Terwilliger will present his views at a January 12 conference in Washington, D.C., sponsored by the Federalist Society for Law & Public Policy Studies. Other panelists will include former Solicitor General Theodore B. Olson of Gibson, Dunn & Crutcher; Mary Beth Buchanan, the United States Attorney for the Western District of Pennsylvania; and William Mateja of Fish & Richardson, former Senior Counsel to two Deputy Attorneys General. Michael J. Madigan of Akin, Gump, Strauss, Hauer & Feld LLP will moderate the event.

According to Terwilliger, the privileged status of attorney-client communications and the privacy of attorneys' research and opinions are essential to meaningful and effective representation. These protections also allow attorneys to fulfill their vital role in corporate governance, because candid and informed legal analysis is essential to monitoring and achieving compliance with the law. Terwilliger and White & Case partner Darryl S. Lew are co-authors of "Privilege in Peril: Corporate Cooperation in the New Era of Government Investigations," forthcoming from the Federalist Society.

However, current Department of Justice policy severely limits the ability of these protections to foster compliance, according to Terwilliger. Prosecutors decide whether to prosecute a business organization based, in part, on the organization's cooperation with their investigation. DOJ policy allows prosecutors to evaluate a company's cooperation based on whether or not the organization has waived its attorney-client privileges and work product protections.

"Instead of encouraging the laudable goals of legal compliance and reasonable government, current DOJ policy places these goals in conflict," said Terwilliger. "The government may require corporations to discard, in the name of cooperation, the very mechanisms most likely to ensure and maintain compliance with the law."

Terwilliger adds that the effects of the DOJ's policy are exacerbated by courts' treatment of waivers to the government as waivers to all – including potential private litigants – and the courts' unwillingness to honor agreements between corporations and investigators that protect cooperating corporations from this exposure.

"The current state of affairs presents an important test for responsible public officials," said Terwilliger. "Left unaddressed, the government's failure to appreciate the implications of its policy will do violence to a cornerstone of our legal system and ultimately impede the accomplishment of the important and valid government objectives."

About White & Case
White & Case LLP is a leading global law firm with nearly 2,000 lawyers in 38 offices in 25 countries. Our clients value the breadth and depth of our United States, English and local legal capabilities and rely on us for their complex commercial litigation, arbitration, and transactional needs. Whether in established or emerging markets, the hallmark of White & Case is our complete dedication to the business priorities and legal needs of our clients.

White & Case's Corporate Defense and Special Litigation practice counsels clients in domestic and international civil and criminal enforcement and related proceedings, including matters before grand juries and investigations and enforcement actions undertaken by the DOJ, the SEC and the US Dept. of Treasury.

01-11-2006

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Warner, Norcross & Judd, LLP

Identity Theft Insurance Programs Grow



BusinessWeek has an article about the growing number of companies that offer identity theft insurance. These policies typically cost $25 to $50 a year, with maximum benefits ranging from $15,000 to $25,000 and deductibles of $100 to $250. For a monthly fee, credit reporting companies package identity theft insurance with services that provide daily monitoring of credit reports. The article notes that some privacy and consumer advocates question whether identity theft is worthwhile. Linda Foley, the executive director of the Identity Theft Resource Center argues against paying for more expensive programs. In her estimation, it’s just “not worth the money.” A spokesman for the Insurance Information Institute counters by arguing that you can’t place a price on the peace of mind that identity theft insurance provides. BusinessWeek reports that 4% of adults tracked by credit reporting companies are victims of identity theft (although it doesn’t say over what period of time). Of those people, a third do not lose any money as a result of the theft of their identity. “The Booming Biz of ID Protection,” http://www.businessweek.com/technology/content/jan2006/tc20060110_146542.htm?campaign_id=rss_tech





Bill Would Permit Use of Fingerprints by Iowa Schools



A state senator in Iowa has introduced legislation that would permit school districts to use fingerprint scanning technology to identify students so long as fingerprint data are not stored, the fingerprint cannot be reconstructed, and the student’s parent or guardian does not object. According to the DesMoines Register, twenty or more school districts in Iowa have ceased using fingerprints as a biometric identifier of students after passage of a state law last year that banned the fingerprinting of students. Schools had been using student fingerprints to check out books from the school library or charge food in the school cafeteria. According to the article, proponents of the technology argue that the finger scanners do not record actual fingerprints but rather create a numerical value based on unique characteristics of the student’s fingerprint. “Law stymies schools wanting to use fingerprints for tracking,” http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20060110/NEWS10/601100380/1011





Ambivalent Attitude Toward Government Surveillance



Bob Sullivan, writing in his MSNBC blog, the Red Tape Chronicles, reports on the ambivalent attitudes Americans have toward government surveillance. He says that in a poll taken in the last week of 2005, 20% of respondents said they assumed that the government has wiretapped their telephones and almost one third thought the government monitors their e-mail and Internet surfing. Sullivan notes that a third of the people asked by the Pew Research Center for People and the Press in 2002 agreed with the statement the government should “be allowed to read e-mails and listen to phone calls to fight terrorism.” But when the question was reworded to ask whether the government should be allowed to read “your emails and listen to your telephone conversations,” the number who responded favorably fell by a third to 22%. Lee Rainie, of the Pew Center Internet and American Life Project says this ambivalence may be an example of the ”third person effect,” in which people want their own privacy but are less concerned about others. "Most people figure they'll never be talking to someone from al-Qaeda, so it doesn't impact them personally," Rainie says. "But the neighbor might be suspicious, so go ahead and listen in on him."



Rainie says that the American public has a general feeling of helplessness about their personal privacy, a feeling that grows as Americans are inundated with news of spam, spyware, computer viruses and identity theft. "People are not necessarily sure what's going on with the gizmos of their lives," says Rainie. "There is a general feeling that the level of intrusion is growing." “Have You Been Wiretapped?” http://redtape.msnbc.com/2006/01/have_you_been_w.html





01-11-2006

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