Law Firm News

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Law Firm News

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Morgan Lewis & Bockius LLP

ITC Finds Infringement of Lumileds’ Patents, Expands Order Barring Imports
The U.S. International Trade Commission has issued a notice favoring Morgan Lewis client Philips Lumileds in a critical patent enforcement investigation that will significantly impact the global market for ultra-high-brightness light emitting diodes (LEDs).

The ITC's decision, issued on May 9, states that all of Taiwan-based Epistar's ultra-high-brightness LEDs that were subject to the investigation infringe the two asserted claims of a Lumileds patent. The ITC decision expands upon an earlier decision by an administrative law judge in January concluding that Lumileds' patents were valid and enforceable, but only finding infringement of one of the accused product families. The ITC's decision is expected to have a dramatic impact on the burgeoning market for ultra-high brightness LEDs used in such products as automotive brake lights, traffic signals, and LCD displays.

In connection with the May 9 decision, the ITC has issued an exclusion order prohibiting the importation of any Epistar product that infringes the Lumileds patent and certain products that include these LEDs. Michael J. Lyons, a partner in the Palo Alto office of Morgan Lewis, called the ITC's decision "a significant victory that underscores the importance of Lumileds' patented technology that has revolutionized the LED industry."

Lumileds filed a complaint against Epistar in November 2005. The ITC instituted an investigation that included an extensive hearing before an administrative law judge (ALJ) in August 2006, an initial determination by the ALJ in January 2007, and now the final decision of the full Commission. After the 60-day Presidential review period, the exclusion of Epistar products ordered by the Commission will begin. Lumileds also has a related action against Epistar pending in U.S. District Court for the Northern District of California in which Lumileds seeks both damages and a permanent injunction barring future infringement.

05-21-2007

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Morgan Lewis & Bockius LLP

Morgan Lewis Adds Senior SEC Enforcement Official to National Securities Practice and Miami Office
Global law firm Morgan, Lewis & Bockius LLP is pleased to announce that Ivan Harris, former Assistant Regional Director of Enforcement for the SEC's Southeast Region, has joined the firm's national securities practice as a partner. Mr. Harris will be a member of the firm's Litigation Practice and will be resident in Miami. Mr. Harris joins the nearly 30 former SEC attorneys at Morgan Lewis nationally, and is the second senior enforcement attorney from the SEC's Southeast Regional Office to join the firm. Christian Bartholomew, who was the Senior Trial Counsel for the Southeast Regional Office, joined the firm in 2000.

Mr. Harris brings to Morgan Lewis's national securities practice a rare combination of cutting-edge experience from both the enforcement and regulatory side of the investment industry's hottest sector: hedge funds. He joins Morgan Lewis from his position as regulatory counsel at a financial services firm that operates a hedge fund adviser. Before moving in-house two years ago, Mr. Harris spearheaded several of the SEC's most significant hedge fund investigations.

"Hedge funds are one of the most rapidly growing and lightly regulated investment vehicles. As the SEC continues to scrutinize their activities, Ivan has a unique profile as someone who has been on the inside of a hedge fund, and before that, lead investigator of a cutting-edge hedge fund enforcement action by the SEC," said James D. Pagliaro, leader of the global Litigation Practice at Morgan Lewis.

In 2005, Mr. Harris led the SEC's investigation of one of the largest hedge-fund fraud actions ever brought by the SEC, against Palm Beach–based KL Financial Group, which raised almost $200 million before its assets were frozen and it was put in receivership in an emergency SEC action. In 2003, Mr. Harris was also responsible for the first SEC case involving a hedge fund's illegal short-selling ahead of a secondary stock offering. The SEC has recently made such violations, and related so-called "PIPE" cases, an enforcement priority.

In addition to his hedge fund background, Mr. Harris led several precedent-setting enforcement matters when he was at the SEC, including corporate financial fraud, insider trading, broker-dealer, and investment adviser cases. Mr. Harris also developed a particular expertise in international cases by investigating financial fraud and Foreign Corrupt Practices Act matters in concert with regulators throughout Europe and Central and South America.

"We are thrilled that Ivan is joining our SEC enforcement and regulatory compliance team," said Christian Bartholomew, a partner, leader of the firm's Washington, D.C. litigation group and leader of its SEC enforcement practice in the Southeast region. "Ivan is a real triple-threat: He is a hedge fund lawyer with both in-house and SEC experience; a former senior SEC enforcement official known for bringing cases of national and international importance; and a partner on the ground in Miami who will help seal our dominant position as the go-to firm in the Southeast for SEC matters," Mr. Bartholomew said.

Mr. Harris will also work closely with the firm's Investment Management Practice in leveraging his hedge fund experience.

Mr. Harris is a 1994 graduate of Duke University Law School and holds bachelor's degrees from the Wharton School of Business and the College of Arts & Sciences at the University of Pennsylvania.

05-21-2007

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McDermott Will & Emery

Chicago Corporate Department Welcomes New Partner
McDermott Will & Emery is pleased to welcome James (Jay) W. Kapp, III, as a corporate partner in the Chicago office. As a member of the Firm's Bankruptcy & Troubled Transactions Practice Group, Mr. Kapp's practice is focused on representing debtors and creditors with respect to out of court restructurings and chapter 11 reorganizations.

Mr. Kapp has experience in representing interested buyers in the acquisition of distressed companies both out of court and through bankruptcy proceedings. He also has significant experience advising board of directors of insolvent companies with respect to their shifting fiduciary duties as the companies enter or infringe upon "the zone of insolvency."

"Jay's work spans various industries, as well as creditor and debtor representations," commented William P. Smith, head of the Firm's Bankruptcy & Troubled Transactions Practice Group. "His wealth of experience is a good match with our group."

In 1994, Mr. Kapp received his J.D. from University of Minnesota Law School, graduating magna cum laude. He received his B.S. in communications from Northwestern University in 1991. Mr. Kapp is admitted to practice in Illinois, Kansas and Missouri.

McDermott Will & Emery's Bankruptcy & Troubled Transactions Practice Group offers a fully integrated troubled business advisory practice, representing all perspectives in distressed transactions and bankruptcy. Our lawyers are seasoned debtor, creditor, committee and special counsel in a wide variety of engagements, both pre and post bankruptcy filing. While participants in most of the recent highly publicized cases, our Group excels at quiet analysis and resolution of deeply distressed business problems. Including more than 40 members, our Group is highly interdisciplinary, regularly calling on the talents of our banking and finance, corporate, employee benefits, litigation, real estate and tax practice groups to supplement our bankruptcy know-how.

05-21-2007

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Kaye Scholer LLP

Kaye Scholer Represents Robeco Institutional Asset Management
Kaye Scholer is representing Robeco Institutional Asset Management (Robeco), the well-known Dutch asset management organization, that in conjunction with Roderick Wurfbain and Simon Clowes, has agreed to form a hedge fund investment management joint venture to be known as VCM Fund Management LLP (VFM), a UK limited liability partnership authorized by the FSA. The existing fund management business of Vantage Capital Markets LLP, the London-based brokers and fund managers, (of which Mr. Wurfbain and Mr. Clowes are members) is being transferred to VFM. Robeco will be providing seed and other capital to existing and future formed hedge funds advised by VFM so that the added benefits of scale and diversification of risk can be achieved for investors.

Robeco has also formed a Luxembourg Société d'Investissements à Capital Variable as a conduit for funds that will be invested by a Cayman SPC. In this matter, Robeco has been advised by Kaye Scholer LLP's London office.

The Kaye Scholer team, led by London managing partner Guilherme Brafman, included partner and head of investment funds group, Timothy Spangler, senior consultant Owen Watkins, and counsels David Rivera and Kate Parker.

05-21-2007

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Jaeckle, Fleischmann & Mugel, LLP

Gudrun Passlack, Ph.D. Joins Jaeckle Fleischmann As Patent Agent
Jaeckle Fleischmann & Mugel, LLP, a law firm with offices in Scottsdale, Arizona and Buffalo, Amherst and Rochester, New York, is pleased to announce that Gudrun Passlack, Ph.D. has joined the Firm as a Patent Agent in the Intellectual Property practice group. Dr. Passlack will practice from the Firm's Scottsdale office.

Dr. Passlack, a registered Patent Agent and member of the Firm's Intellectual Property practice group, has extensive experience serving the patent needs of clients in the electronic, materials engineering, mechanics, electrochemistry, energy and information systems and electronic circuits industries. Her practice includes the preparation and prosecution of U.S. and international patent applications, as well as patentability searches. She received her M.S. in Engineering and Materials Science from Otto von Guericke University in Magdeburg, Germany and her Ph.D. from the Institute of Electrochemistry, University of Dresden in Germany. Dr. Passlack is registered to practice as a Patent Agent before the United States Patent and Trademark Office and is a member of the American Intellectual Property Law Association.

05-21-2007

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Jaeckle, Fleischmann & Mugel, LLP

Jaeckle Fleischmann Partner Ronald J. Kisicki Selected By Aspatore Books As Author
Jaeckle Fleischmann & Mugel, LLP, a law firm with offices in Scottsdale, Arizona and Buffalo, Amherst and Rochester, New York, announces that partner Ronald J. Kisicki has been recognized as a leader in patent law by being selected as an author in the recently released book entitled Patent Settlements, Negotiations, and Litigation: Leading Lawyers on Strategies for Effectively Settling Patent Disputes, published by Aspatore Books. This volume is part of the Aspatore Books' Inside the Minds series and focuses on the many legal issues surrounding patent regulation.

Ronald. J. Kisicki, a partner with the Firm, is a registered patent attorney admitted to practice before the U.S. Patent and Trademark Office, and concentrates his practice in Intellectual Property, Litigation and Emerging Company law. He is experienced in managing large patent portfolios and in counseling clients on various intellectual property matters. He also has extensive experience handling intellectual property litigation, representing both plaintiffs and defendants in patent, trademark, copyright and trade secret infringement suits. Mr. Kisicki practices from the Firm's Scottsdale office and is admitted to practice law in the states of Arizona, Michigan and New York.

05-21-2007

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Bracewell & Giuliani LLP

Firm Recognized as a "Go-To Law Firm"
Bracewell & Giuliani LLP has been named as a “Go-To Law Firm” for financial services based on an American Law Media and Corporate Counsel survey of top General Counsel at leading financial services companies. Bracewell was selected because of its track record and legal expertise with regard to banking and finance, corporate transactions/mergers and acquisitions, regulatory affairs and compliance, and securities. The following U.S. companies identified Bracewell as their go-to law firm in these categories.

05-21-2007

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