Law Firm News

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Law Firm News

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McDermott Will & Emery

McDermott Adds Senior Corporate Partner To Boston Office
McDermott Will & Emery is pleased to announce that John F. Cohan has joined McDermott Will & Emery’s Corporate Department as partner. Based in the Firm’s Boston office, Mr. Cohan focuses his practice on venture capital, mergers and acquisitions, banking and commercial finance, and business counseling.

"John will be a significant asset for our Boston corporate practice," commented Mark Stein, head of the Boston Corporate Department. "John’s transactional experience and knowledge in the high tech industry is a unique combination of talent we are excited to add to our practice."

Mr. Cohan has significant experience in corporate financings, venture capital financings, private placements of equity and debt securities, mergers and acquisitions, and intellectual property and technology law. His practice ranges from multi-million dollar corporate acquisitions and venture capital financing transactions to representing early stage companies and technology entrepreneurs in connection with their contracting, licensing, business planning and general corporate compliance.

Additionally, Mr. Cohan has prior experience in both design engineering and sales and marketing in the high tech industry. He earned his J.D. from the New England School of Law, magna cum laude, and his B.S. in electrical engineering from Syracuse University. Mr. Cohan is a member of the Boston Bar Association and the Massachusetts Bar Association.

McDermott Will & Emery’s Boston office opened in 1981 and has lawyers practicing in the areas of corporate and securities, employee benefits, energy services, environmental, estate planning, health law, intellectual property, international, labor and employment, litigation/dispute resolution, real estate, telecommunications and tax.

09-12-2007

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Kramer, Levin, Naftalis & Frankel, LLP

Kramer Levin Helps Lambda Legal Win Another Decision Respecting Marriages of Same-Sex Couples
A New York trial court has upheld the New York State Comptroller's decision to recognize for purposes of the New York State Retirement System the marriages of same-sex couples entered into in Canada. Justice Thomas J. McNamara of New York Supreme Court, Albany County, granted a declaratory judgment upholding the policy from a challenge brought by a conservative religious organization. Plaintiffs had argued that the Comptroller acted illegally in following the lead of then-Attorney General Eliot Spitzer and other government leaders who had opined that New York law required recognition of such marriages. The suit was defended both by the Comptroller and by same-sex spouses who moved to intervene as defendants, represented by Kramer Levin and Lambda Legal Defense and Education Fund.

Echoing arguments made by Lambda Legal and Kramer Levin, Justice McNamara ruled that since New York has chosen not to enact a "defense of marriage act," the State's strong common law rule requiring respect for out-of-state marriages valid where performed applies to Canadian marriages of same-sex couples. He further noted that last year's Hernandez decision upholding the exclusion of same-sex couples from civil marriage in New York was not controlling because it concerned only the right to enter into marriage within the state, not the treatment of valid foreign marriages.

Kramer Levin lawyers Jeffrey S. Trachtman, Norman C. Simon, and Aaron Fleisher worked with Lambda Legal on this matter.

09-12-2007

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Kaye Scholer LLP

Kaye Scholer Represents Biotest AG in its Acquisition of Plasma Protein Business Unit from Nabi Biopharmaceuticals Corp.
Kaye Scholer is representing Biotest AG in its proposed acquisition of Nabi Biopharmaceuticals' Nabi Biologics strategic business unit for $185 million. Biotest researches and manufactures pharmaceutical, biotherapeutic and diagnostic products and has specialized in immunology and hematology. The Kaye Scholer team was led by Russell Pallesen, Thomas H. Horenkamp and Adam Golden.

09-12-2007

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Jenner & Block LLP

Washington Business Journal Recognizes Fabrizio as Top Intellectual Property Lawyer in DC
Steven B. Fabrizio, a partner in the Firm's Washington, DC office, has been named the winner of the Washington Business Journal's 2007 "Top Washington Lawyer" award in the Intellectual Property category.

Mr. Fabrizio, who has represented owners of copyrighted content in the highest-profile, most complex pieces of national litigation, received his award at a reception at the Four Seasons Hotel in Georgetown on Sept. 11, 2007. Among Mr. Fabrizio's recent cases were those brought by the recording industry against Kazaa and other online file-trading services. Those cases led to extremely favorable results for the Firm's clients, including a $115 million settlement paid by Kazaa in 2006 to members of the worldwide recording industry. Mr. Fabrizio was also part of the Jenner & Block team that represented the major motion picture studios and record companies in the landmark U.S. Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster, which held that online services can be held liable for inducing copyright infringement.

Mr. Fabrizio is currently representing the major United States motion picture studios in their litigation against the operators of pirate “BitTorrent” websites – sites that unlawfully encourage and facilitate the widespread infringement of the world’s most popular entertainment content, including movies and television programs.

Each year, the Washington Business Journal announces its "Top Washington Lawyers" in more than a dozen categories. This year, the winners were selected from nearly 500 nominees from firms throughout the Washington region.

Thomas J. Perrelli, managing partner of the Firm's DC office, said, "This award is incredibly well deserved. Steve is a great lawyer who understands his clients' needs and has achieved remarkable results for them both in court and at the settlement table. His cases have helped shape fundamental principles of copyright in an often unsettled Internet environment."

09-12-2007

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Jaeckle, Fleischmann & Mugel, LLP

Buffalo BioSciences, LLC and Jaeckle Fleischmann & Mugel, LLP Announce Strategic Alliance
Buffalo BioSciences, LLC (BBS), a comprehensive life science management services company, and the corporate law firm of Jaeckle Fleischmann & Mugel, LLP (Jaeckle) are pleased to announce a strategic alliance related to their shared commitment to emerging bioscience companies in Western New York.

BBS provides a suite of management consulting services to their clients, including strategic planning services related to the business aspects of managing intellectual property. Its management team, comprised of former life sciences executives, has been at the center of many of the bioscience companies recently formed in the area. Jaeckle houses one of the most comprehensive intellectual property law groups in Western New York, and the Firm recently added several attorneys with a depth of experience in the area of bioscience.

BBS has augmented its service offerings to include potential access to Jaeckle's specialized intellectual property services. Jaeckle's Translational Patenting™ services, in combination with the business guidance of BBS, provide critical resources needed by start ups to identify and explore the patent and commercial opportunities for a given technology.

Translational Patenting™ is Jaeckle's process of modifying the initial definition of an invention into a definition suited for commercialization. Through a critical evaluation of multiple data sources, Jaeckle's Translational Patenting™ translates the landscape for a given technology into a decision making framework with respect to patenting.

Eric Cornavaca, Partner of Buffalo BioSciences, stated, "We are very pleased to establish this strategic relationship with Jaeckle Fleischmann. The Translational Patenting™ capabilities offered by Jaeckle are certainly of value to and of interest to BBS and its client base. They add a legal dimension to BBS' business consulting and we look forward to the enhanced value our alliance will offer clients of both organizations”.

"We view emerging companies as a critical economic catalyst in Upstate New York; our Translational Patenting™ services are a natural extension of the counsel that we provide our University and high technology clients. We are pleased to work with Buffalo BioSciences, a team that understands the important role intellectual property plays in the development of a strategy for a given technology, " said Monty Estes, Jaeckle Partner.

Buffalo BioSciences, LLC provides comprehensive life sciences management services. BBS leverages its experience and global networks to provide the critical guidance, strategies, and tactics required to maximize the value of bioscience opportunities. For more information, visit our website at www.buffalobiosciences.com.

09-12-2007

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Jaeckle, Fleischmann & Mugel, LLP

Robert W. Patterson To Present Update On Executive Compensation and 409A Compliance
Jaeckle Fleischmann & Mugel, LLP, a law firm with offices in Buffalo, Amherst and Rochester, New York, and Phoenix, Arizona, announces that Robert W. Patterson will provide an update on Executive Compensation and 409A Compliance at a Buffalo Niagara Human Resource Association program. This program takes place on Wednesday, September 19, 2007 from 5:15 p.m. to 8:30 p.m. at the Holiday Inn Airport, 4600 Genesee St., Cheektowaga, NY. For further information or to register visit www.bnhra.org.

Mr. Patterson is a partner in the Firm's Employee Benefits practice group. He concentrates his practice on employee compensation and benefits matters, including pension, 401(k) and other qualified retirement plans, health, cafeteria (§125) and other welfare plans, deferred compensation plans and executive compensation. In addition, he advises business with regard to benefit plan issues pertaining to mergers and acquisitions. Mr. Patterson practices from the Firm's Buffalo office.

09-12-2007

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Howrey, LLP

CFI partially annuls Commission Decision on Olympic and intercepts with pending Art 228 case against Greece
The European Court of First Instance (CFI) delivered earlier today its verdict in the state aid case Olympic Airways v. Commission (case T-68/03). The CFI partially annulled the Commission decision of December 2002 according to which (i) Olympic Airways Services had misused a restructuring aid authorized twice by the Commission in the 90s and (b) the company had also received new illegal aids by the Greek State in the form of delayed payments of public debts.

Four and a half years after filing of the company’s application, the Court concluded that the Commission was right to declare the previously authorized aid as misused; however, the Court found that the Commission failed to prove certain of the new illegal subsidies, mainly those relating to debts to the Athens International Airport, as well as the payment of some outstanding VAT.

According to the Court's reasoning, the Commission did not satisfy the standard of proof and relied largely upon speculation relating to tolerated debts as to those items. The significant interest of the judges in this case was apparent in the intense all-day hearing that took place in Luxembourg last November.

Most interestingly, this now partially overruled Commission decision formed the basis for the Hellenic Republic’s condemnation in May 2005 by the European Court of Justice for not recovering the aid by Olympic Airways (Case C-415/03).

Moreover, the Commission recently filed a new, second action against the Hellenic Republic - this time under Article 228 of EC Treaty (pending case C-369/07). The Commission claims that the Hellenic Republic has not yet complied with the December 2002 decision (nor the May 2005 judgment) and asks the Court to impose pecuniary sanctions.

The partial annulment of the Commission’s decision provided for by today's judgment is expected to impact on this case and create a precedent in Article 228 EC cases. The ECJ, in deciding upon the new Article 228 EC Treaty case, will have to assess the extent of Hellenic Republic's liability in the light of today's development.

Olympic Airways was represented in the Oral Hearing before the Court of First Instance in Luxembourg by attorneys of Howrey LLP, who also represented the company during the administrative procedure before the Commission, whilst Ashurst, together with a team of Greek lawyers, represented the company in the written proceedings.

09-12-2007

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