Media Mentions
2008
Jeffrey E. Stone was quoted in the August 2008 issue of California Lawyer in an article regarding California law firms' shift to offering younger lawyers alternatives to the partnership track due to economic uncertainty and the lawyers' desire for a better work/life balance. Mr. Stone spoke about McDermott's staff attorneys who work full time but who are not on the partnership track. "These people are perfectly happy to count hours. What they don't want is all that other stuff that is part of the partnership track - no firm politics, no client development. And our clients get cost efficiency without losing substantive excellence," he said.
Eric Levinrad authored an article entitled, "Risk Reduction Strategies in 'Bet the Company' Trade Secret Misappropriation Actions" in the August edition of Orange County Lawyer. The article addresses the range of damages available in trade secret misappropriation actions brought under the Uniform Trade Secret Act, discusses possible theories for the limitation of such damages and defines pre- and post-litigation steps that employers should take when hiring employees from competitors to reduce the risk of exposure for trade secret misappropriation.
Eric Levinrad, Intellectual Property, Media & Technology, Trade Secrets
James Hill, MD, and M. Todd Hales co-authored an article in the August edition of Orange County Lawyer entitled "Patent Reexamination after KSR." The article discusses the fundamentals of ex parte and inter partes reexamination, how the Supreme Court of the United States' decision in KSR v. Teleflex impacts patent reexamination, and strategic considerations in choosing between reexamination and litigation in attempting to invalidate a patent.
M. Todd Hales, James W. Hill M.D., Intellectual Property, Media & Technology, Patent Prosecution
Hedge Funds Review (August 2008) quoted Charles Shiramba regarding where insolvent funds are handled. Bear Sterns hedge funds demonstrate this can be an open question. "These funds were domiciled in Cayman and it was widely assumed by restructuring and insolvency professionals...that the funds would be formally wound up in that jurisdiction, albeit that many investors would be international and...US investors. Instead the Cayman liquidators' attempt to apply for recognition in the US...was rebuffed, despite the fact that US insolvency law was recently changed to facilitate this type of cross-border liquidation," notes Mr. Shiramba. "The important point is...that when a fund blows up, the legal forum for its insolvency should be predictable. If not, insolvency becomes a less quantifiable risk and...this kind of uncertainty is bad for the hedge fund industry."
Charles Shiramba, Banking and Finance - London, Hedge Funds, London, Restructuring & Insolvency
Tom Sykes was featured in the September 4 issue ofLaw360 on how his thigh-mounting mouse pad is not entitled to retroactive protection under an old set of patent term-length rules. The judge dismissed the suit in favor of the U.S. Patent and Trademark Office.
Thomas D. Sykes, Intellectual Property, Media & Technology
McDermott Will & Emery's Intellectual Property, Media & Technology Department was featured in IP Law360 on September 3. The article discusses the Intellectual Property Department, highlights some of the Firm's recent accomplishments and includes comments on some of the trends of IP. To view the entire article click here.
Terrence P. McMahon, Intellectual Property, Media & Technology
Jeffrey F. Webb was quoted in the September 1 issue of CFO Magazine in an article regarding revisions to the Americans with Disabilities Act that could be potentially costly for companies. The Senate is currently considering a bill that would broaden the definition of "disability" to include epilepsy and diabetes and that would give qualifying employees more grounds to request special accommodations and to initiate discrimination suits. "More employees would have a claim, [and] the difference is that they would be far more likely to win," said Mr. Webb.
Jeffrey F. Webb, HR & Employment Litigation, Trial
Arnold Friede was quoted in the September 1 issue of The Pink Sheet in an article regarding a judge's decision to order PTC Therapeutics to provide an experimental drug for a teenage boy with Duchenne Muscular Dystrophy which highlights the need for caution in communications with patients and their families, particularly in cases of life-threatening disease. "Communications need to be carefully controlled so expectations are mutually understood and agreed in writing," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences - Health
Michael W. Peregrine was quoted in the August 29 issue of BNA's Health Care Daily Report in an article regarding the U.S. Department of Justice's revisions to its corporate charging guidelines, which will have particular relevance for health care organizations being investigated by federal prosecutors. While the new privilege policy is significant, Mr. Peregrine said health care organizations should pay special attention to the discussion in the guidance on the role of effective corporate compliance programs in prosecutors' decisions to prosecute health care-related cases. Mr. Peregrine also said that changes announced by DOJ are "excellent reminders that the attorney-client privilege, when properly applied, remains a valuable concept."
Michael W. Peregrine, Corporate Responsibility, Health, Health Care Litigation, Trial
Arnold Friede was quoted in the August 27 issue of FDA Webview in an article regarding the unique case of a New Jersey federal judge ordering PTC Therapeutics to provide one of its experimental drugs to a 16-year-old patient with duchenne muscular dystrophy. "The ruling is an important decision despite its unique circumstances. It contrasts with at least two cases in the past few years in which courts have rejected arguments advanced by patients in clinical studies that the companies had made an enforceable promise to continue the trial," Mr. Friede said.
Arnold I. Friede, Health, Life Sciences - Health
John P. Cogan Jr. was quoted in an August 26 article published by CNNMoney.com regarding the increase in demand for workers on oil rigs and the struggle to find the new workers. Mr. Cogan commented on the lack of workers along with the rising prices of oil field goods and services resulting in increased hardships for both oil field service companies and customers alike. "The available supply of labor and equipment in the industry is very tight. In that situation, prices just go up," he said. "It's going to cost them more than they'd like, and more than their customers would like."
John P. Cogan Jr., Corporate, Energy and Derivatives Markets, Global Renewable Energy, Emissions and New Products
Michael Peregrine was quoted in the August 25 issue of Modern Healthcare in an article regarding the final revisions to the IRS' Form 990 for not-for-profit hospitals and other tax-exempt organizations. "Boards face more explicit questions on conflicts-of-interest, director and trustee independence, and board review of public reporting," said Mr. Peregrine.
Michael W. Peregrine, Health, Tax Exemption
Susan M. Cooke was quoted in the August 22 issue of the Boston Business Journal in an article regarding the difficulties faced by women lawyers who want to become partners in large law firms. Ms. Cooke noted that the balance of career and family is the main stumbling block for female lawyers. "What is particularly difficult is that the years of parenthood are oftentimes the most demanding part of your career in terms of sheer hours," she said.
Jason Lief, Arnold Friede and Robert Nicholas were mentioned in the August 22 issue of FDA'sWebview in an article regarding their recent On the Subject discussing the FDA' Camptosar® decision.
Arnold I. Friede, Jason A. Lief, Robert B. Nicholas, Health, Life Sciences - Health
Kate Feola was quoted in the August 21 issue of Rx Compliance Report in an article discussing the new disclosure law enacted in Massachusetts that requires drug and device companies to report any gifts to doctors of more than $50. "Vermont is the only state that has taken steps to enforce its marketing disclosure statute, to date," Ms. Feola said.
Kate W. Feola, Health, Life Sciences - Health
Todd Solomon was quoted in the August 21 issue of CCH Standard Federal Tax Reports on the IRS's recent revisions to its comprehensive system of correction programs, EPCRS, for sponsors of retirement plans. "The new revenue procedure is more of a fine tune of the program than a major overhaul but there are some items included that will be helpful for plan sponsors," Mr. Solomon said.
Todd A. Solomon, Employee Benefits & Pensions, Welfare Benefit Plans
Elizabeth Hack was quoted in the August 21 issue of Rx Compliance Report in an article discussing the new disclosure law enacted in Massachusetts that requires drug and device companies to report any gifts to doctors of more than $50. "The new Massachusetts law requires drug and device companies to adopt and comply with the Department's marketing code of conduct," Ms. Hack said.
Elizabeth I. Hack, Health, Life Sciences - Health
Nancy G. Ross was quoted in the August 20 issue of Business Insurance in an article regarding the 9th U.S. Circuit Court of Appeals' decision that cash balance pension plans do not violate federal age discrimination law. The court joins four other appeals courts in its decision. "Given the universal conclusion reached by all courts of appeal, notwithstanding their diverse political leanings, this challenge should now be buried once and for all," Ms. Ross said.
Nancy G. Ross, Employee Benefits Litigation, Trial
Michael Peregrine was quoted in the August 20 issue of Tax Analysts in article discussing the final instructions for the redesigned Form 990. "It will require tax-exempt organizations to confront potentially sensitive issues relating to board structure, conflicts management, and disclosure of compensation, as well as business and financial relationships between board members," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Tax Exemption
Michael Peregrine was quoted in the August 20 issue of BNA's Health Care Daily in an article discussing the final instructions for the redesigned Form 990. "The final instructions to the Form 990 are indeed a significant tax planning document because they underscore, in bold type, the significance attributed by the IRS to effective governance of tax exempt organization," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Tax Exemption
Tim Bryant was quoted in an August 20 article published by Reuters regarding the increase in private equity funds specializing in health care royalty financing as a result of companies finding a new way to hedge risk and raise capital. Mr. Bryant commented on the increased amount of royalties for sale as well as the increased interest from investors in royalties as a way to get stable returns in a volatile market. "Large pools of capital have become interested in these investments because they do not correlate to the traditional debt and equity markets. This is a huge market and we are only at the early stages of its development," he said.
Timothy R.M. Bryant, Corporate, Life Sciences & Medical Devices, Royalty Sales & Financing
Abbe D. Lowell was quoted in the August 19 issue of the Sun Herald in an article regarding Paul Minor's request for release from prison to care for his terminally ill wife. The 5th U.S. Circuit Court of Appeals denied his request on the grounds that he may endanger the public's safety if released pending appeal of his judicial bribery conviction. "Paul and his family are disappointed in the outcome and in the court's lack of explanation. Having spent almost two years incarcerated shows without any doubt that he is sober and safe. We cannot wait for the hearing on our appeal so we can have the entire case reconsidered," said Mr. Lowell, Minor's lawyer.
Abbe D. Lowell, Appellate, Trial
Michael Peregrine was quoted in the August 19 issue of The Chronicle of Philanthropy in an article discussing the final instructions for the redesigned Form 990. "These instructions are an exclamation point to the broad IRS discourse on the importance of corporate governance that has been Steve Miller's mantra for the last 24 months," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Tax Exemption
Sarah Chapin Columbia was quoted in the August 15 issue of IP Law360 in an article discussing the Firm's recent addition of Dr. Robert Underwood to its Intellectual Property, Media & Technology Department. Regarding Dr. Robert Underwood, Ms. Columbia commented, "He is a highly skilled lawyer and the wide range of experience he brings with him is a significant addition to our firm-wide patent prosecution and life sciences practices, as well as a strong supplement to our overall Boston intellectual property practice."
Sarah Chapin Columbia, Robert H. Underwood, Intellectual Property, Media & Technology, Life Sciences - IP, Patent Prosecution
Roy Crawford was quoted in the August 15 issue of State Income Tax Monitor about how a court threw out California authorities' seemingly convoluted argument for disallowing an insurance company's deductions for management fees. Mercury General Corp. was reimbursed by two insurance subsidiaries for providing certain management services. The Franchise Tax Board balked at allowing a deduction for expenses under a "but-for" test. "That test says that if a parent has an expense and somehow expects that the subsidiary will pay a dividend, part of the expense will be disallowed because they'll get a dividend someday," said Mr. Crawford.
Roy E. Crawford, State & Local Tax, Tax
Michael W. Connelly was quoted in the August 13 issue of IP Law360 in an article regarding a bill that fixes a constitutional flaw in the way patent appeals judges have been appointed for the last eight years by transferring the responsibility of appointing the judges from the USPTO director to the Secretary of Commerce. Mr. Connelly noted that the patents granted by patent appeals judges appointed in the last eight years may be challenged despite the significant costs associated with pursuing the issue. "Is anyone going to bother challenging it? That's a lot of time and effort. It's going to rely on one party having the wherewithal and fortitude to do it," he said.
Michael W. Connelly, Intellectual Property, Media & Technology
Robin Greenhouse was quoted in the August 11 issue of Tax Analysts on the recent district court ruling that requires a company to release to the government documents it claimed were subject to nondisclosure by the tax practitioner privilege. "I've been concerned about the scope of the tax practitioner privilege for some time and in particular the legal implications of a ruling in a summons enforcement case that the transaction at issue is a tax shelter for purposes of the tax shelter exception under section 7525," Ms. Greenhouse said.
Robin L. Greenhouse, Tax, Tax Controversy
Robert H. Underwood was mentioned in the August 11 issue of the Boston Business Journal in an article regarding his move to McDermott. Mr. Underwood is a member of the Firm's Intellectual Property, Media & Technology Department and the Life Sciences & Medical Devices Practice Group.
Robert H. Underwood, Intellectual Property, Media & Technology, Life Sciences & Medical Devices
Abbe D. Lowell was quoted in the August 8 issue of The Raw Story in an article regarding a brief filed by Paul Minor that appeals a Department of Justice decision that prevents him from visiting his dying wife. Mr. Lowell, Minor's lawyer, noted that Mrs. Minor's condition is worsening. "Her cancer is spreading everywhere," he said. "Even if these prosecutors were so cold hearted and so focused on getting Paul, they should have been humane enough to agree to some release terms that would enable him to be with his very sick wife," Mr. Lowell added.
Abbe D. Lowell, Appellate, Trial
David Rogers was quoted in the August 7 issue of Highlights & Documents about the IRS's ruling against pension plan transfers. The IRS determined that the transfer of a defined benefit pension plan to an entity unrelated to the participants' employer is a violation of the section 401(a) exclusive benefit rule. Mr. Rogers commented that the ruling "pretty much quashes the approach …that people have been contemplating."
David E. Rogers, Employee Benefits & Pensions, Welfare Benefit Plans
Robin Greenhouse was mentioned in the August 7 issue of the Daily Tax Report for being part of the team representing Wal-Mart Stores, Inc. The North Carolina Court of Appeals ordered in camera review of tax documents related to consulting services Ernst & Young provided to assist Wal-Mart Stores, Inc. in implementing tax shelters to see if any of the materials is protected from a DOR summons.
Robin L. Greenhouse, Tax, Tax Controversy
Abbe D. Lowell was quoted on August 6 by WDAM-TV in a report regarding Paul Minor's appeal of his judicial bribery conviction. Mr. Lowell, Minor's lawyer in the case, noted that Minor "was improperly selected for prosecution" by a politicized Department of Justice.
Abbe D. Lowell, Appellate, Trial
Abbe D. Lowell was quoted in the August 6 issue of the Jackson Free Press in an article regarding a Department of Justice motion opposing Paul Minor's request for release pending appeal of his 2007 corruption conviction. Mr. Lowell, Minor's lawyer in the case, noted that Minor's wife is in the final stages of cancer. "The prosecutors have become persecutors in not even allowing a compassionate release so that Mr. Minor can be with his wife in her last days. We hope the court of appeals will see that Paul has raised substantial issues on his appeal and that there are of course conditions under which he could be released," he said.
Abbe D. Lowell, Appellate, Trial
Michael Peregrine was quoted in the August 6 issue of Tax Analysts in an article regarding revisions to the draft instructions to the redesigned Form 990 in response to public comments. "At least from a governance perspective, the IRS took seriously the comments it received on the draft instructions. Exempt organizations might want to review the final instructions closely for their implications on corporate governance, which are likely to be significant," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Sana Abdullah and Kevin M. Bolan were mentioned in the August 4 issue of Massachusetts Lawyers Weekly in an article regarding the Michigan Department of Human Services' agreement to establish a Children's Services Administration as part of a settlement in a federal class action lawsuit. Ms. Abdullah and Mr. Bolan served on the McDermott pro bono team that helped to secure the victory for abused and neglected children in Michigan.
Sana Abdullah, Kevin M. Bolan, Pro Bono, Trial
Edward P. Leibensperger was quoted in the August 4 issue of Massachusetts Lawyers Weekly in an article regarding the Michigan Department of Human Services' agreement to establish a Children's Services Administration as part of a settlement in a federal class action lawsuit. Mr. Leibensperger led the McDermott pro bono team that helped to secure the victory for abused and neglected children in Michigan. As for taking on the case, Mr. Leibensperger noted "I had indicated my interest in getting involved in a systemic reform case."
Edward P. Leibensperger, Pro Bono, Trial
Anthony M. Mansfield was quoted in the August 4 issue of Energy Law360 in an article regarding his move to McDermott. "I'm very excited. I think this is obviously a wonderful opportunity for me," he said. Mr. Mansfield noted that he was drawn to McDermott by the breadth of its practice. "I got to a point where given the way my practice was developing … McDermott seemed like a good fit. I think I can help them to broaden their litigation and enforcement practice," he added.
Anthony M. Mansfield, Energy and Derivatives Markets, Energy Investigations and Litigation
Michael W. Peregrine was featured in the August 1 issue of Corporate Counsel in an article regarding a nine-step process by which nonprofit board and executive leadership can work together to enhance the profile of a nonprofit General Counsel.
Michael W. Peregrine, Health, Tax Exemption
Abbe D. Lowell was mentioned on August 1 by the Associated Press in an article regarding Paul Minor's claims that he has been the target of a politicized Department of Justice that forced him into a bribery conviction. Mr. Lowell is Paul Minor's lawyer in the case.
Abbe D. Lowell, Appellate, Trial
Stephen M. Ryan was quoted in the August 1 issue of the Washington Business Journal in an article regarding a July 30 federal housing law that makes explicit the government's backing of Fannie Mae and Freddie Mac and creates the Federal Housing Finance Authority to regulate government-sponsored enterprises, or GSEs. Mr. Ryan noted that while the new law makes important changes, it leaves many questions unanswered. "It's untenable to have an incomplete answer to the question: What is the relationship between the GSEs and the government? I don't think this bill answers that. It was just a Band-Aid over the implicit guarantee," he said. Mr. Ryan also responded to the call by many for Fannie and Freddie to become either fully private or fully public institutions. "They will always be hybrids, just more clearly defined hybrids," he said.
Stephen M. Ryan, Government Strategies
Jeffrey E. Stone was quoted in the August 1 issue of the Boston Business Journal in an article regarding the rise in legal process outsourcing. Mr. Stone noted that the Firm does not engage in outsourcing but that the addition of lower-paid staff attorneys, who perform routine legal work, has helped cut litigation costs. He added that while the program mirrors the outsourcing trend's appeal of lower prices, it still enables the Firm to retain control over access, quality and security.
Marc E. Sorini was quoted on July 31 by several media outlets in stories regarding his testimony before the Nebraska Liquor Control Board. Mr. Sorini was testifying on behalf of the Flavored Malt Beverage Coalition and in support of a proposed rule to require Nebraska to follow federal alcohol beverage classification standards. His quotes appeared in the Omaha World-Herald and on KHAS-TV and Action 3 News (Nebraska).
Marc E. Sorini, Alcohol Beverages & Products, Regulatory Development - Alcohol Beverages & Products
Abbe D. Lowell was mentioned on July 31 by WLOX 13 in a report regarding Paul Minor's claim that his bribery conviction is the result of selective prosecution by a politicized U.S. Justice Department. Mr. Lowell is Minor's lawyer in the case.
Abbe D. Lowell, Appellate, Trial
Kari S. Larsen was mentioned in the July 30 issue of Medill Reports in an article regarding a federal appeals court's decision to throw out the Clean Air Interstate Rule (CAIR). The court's decision was based on an inconsistency between the rule and the Clean Air law itself. Under the rule, pollution from upwind states could affect the ability of downwind states to reach air quality standards. Ms. Larsen noted that fixing the interstate rule is further complicated by the impending election and whether the EPA will be able to create a plan to replace the regulation.
Kari S. Larsen, Environmental, Global Renewable Energy, Emissions and New Products
Brian A. McGill was quoted in the July 30 issue of Medill Reports in an article regarding a federal appeals court's decision to throw out the Clean Air Interstate Rule (CAIR). The court's decision was based on an inconsistency between the rule and the Clean Air law itself. Under the rule, pollution from upwind states could affect the ability of downwind states to reach air quality standards. "The interesting debate is whether Congress and/or the agency come up with a fix for CAIR in the short term, or if it gets rolled into larger debate on greenhouse gases," Mr. McGill said.
Brian A. McGill, Environmental, Global Renewable Energy, Emissions and New Products
David Ransom was mentioned in the July 29 issue of Politico in an article regarding his move to McDermott. Mr. Ransom noted that the move is "a matter of professional development" and that he looks forward to going from "one client" to many.
David Ransom, Government Strategies
Joseph F. Winterscheid was quoted on May 28 in Competition Law360 regarding China’s new anti-monopoly law, questioning how China’s hybrid economy will affect the new antitrust law. "Applying free market competition, capital market type rules, and overlaying that on the Chinese economy gives rise to heightened uncertainty. It’s going to be very important to see how much independence the Chinese competition authority has," he said. The transition period will require companies to ramp up their attention to local issues and to build relationships with local experts. "You have to take into account local nuance. You have to have your eye on the global view, but in execution, in tactics, you need to be sensitive to the local. It's going to be critically important for firms to be guided by local experts that are up to the minute on enforcement developments and local customs," he said.
Joseph F. Winterscheid, Antitrust & Competition, International Antitrust & Competition
Geoffrey A. Vance was mentioned in the July issue of Law Technology News in an article regarding the Firm's new Electronic Data Management, Privacy & Discovery Practice Group. Mr. Vance co-leads the group which will help clients manage electronically stored information before, during and after litigation.
Geoffrey A. Vance, Electronic Data Management, Privacy & Discovery, Trial
Dana N. Levitt authored an article entitled, "Agreeing to Disagree?" in The Daily Journal. The article discusses the fact that litigants are increasingly fighting aggressively either to get into or out of arbitrations as reflected in the recent increase of state and federal opinions on the enforceability of arbitration agreements. Mr. Levitt describes the impact of various court cases in determining who decides the enforceability of an arbitration agreement.
Dana Levitt, Alternative Dispute Resolution, Trial
Christopher M. Jedrey was selected for Nightingales Healthcare News' 2008 list of "Outstanding Hospital Lawyers," which appears in the July/August 2008 issue.
Christopher M. Jedrey, Academic Medical Centers, Health, Hospital and Health System Transactions
Paul Devinsky was quoted in the June 2008 issue of Inside Counsel in an article regarding the Federal Circuit's ruling in the case of David Barstow, a former employee of Schlumberger Technology Corporation who invented software while employed by the company. The court ruled that Schlumberger must prove that the patents at issue were related to or suggested by David's work for the company in order to gain ownership. "This was a huge signal to the district court judge that unless Schlumberger did something to make people think the inventions belonged to the company, the inventions belong to David Barstow," Mr. Devinsky said. As for whether companies should create internal review processes for determining whether they own employees' inventions, Mr. Devinsky noted that "most companies will not be happy to make a decision on whether or not they own something."
Paul Devinsky, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Abbe D. Lowell was mentioned in the July 17 issue of The AmLaw Litigation Daily in an article regarding U.S. v. Rahmani. Mr. Lowell, who represents defendant Roya Rahmani, led an effort to file 15 motions to dismiss the case on the grounds of selective prosecution, due process violations and First Amendment violations. "The prosecutors' attempt to charge our clients, who are accused of helping a group opposed to the current Iranian regime, through an unprecedented twisting and stretching of the laws against terrorism and other charges, has resulted in this unprecedented set of pre-trial motions," Mr. Lowell noted in a press release.
Den White was quoted on July 23 in PEI Online regarding the latest results of the bi-annual survey of middle market merger professionals by the Association for Corporate Growth (ACG) and Thomson Reuters. "Even though the market has cooled, you still have roughly 90 percent of respondents indicating that the M&A market is good to fair," he said. Mr. White also noted, "We're clearly not in a hot phase but we're clearly not dormant either."
Dennis J. White, Corporate, Mergers & Acquisitions, Private Equity
Den White was quoted on July 22 by the Business Wire regarding the dissatisfaction of middle market merger professionals with the present M&A market which was concluded by the recent bi-annual survey conducted by the Association for Corporate Growth (ACG) and Thomson Reuters. In the private equity space, respondents see the best investment opportunities in the United States, China, Latin America, India and Eastern Europe. "To an ever-increasing degree buyers and sellers are looking beyond the water's edge for opportunities," said Mr. White. "The U.S. downturn and depressed dollar make everything from New York condos to U.S. companies seem like bargains to foreign buyers. Conversely, U.S. buyers are drawn to the attractive upside opportunities and less competitive investment environment that prevails in many markets overseas. As a result, "cross-border" has become a permanent part of everyone's deal vocabulary."
Dennis J. White, Corporate, Mergers & Acquisitions, Private Equity
Thomas Repke, Jeffrey Rothschild and Andrew Shanbrom were mentioned in the July 22 issue of The Deal in an article concerning merger agreements in recent private equity deals. Mr. Repke, Mr. Rothschild and Mr. Shanbrom were cited for their observations in a survey they wrote regarding recent developments in LBO deal terms.
Thomas E. Repke, Jeffrey Rothschild, Andrew Shanbrom, Corporate, Mergers & Acquisitions, Private Equity
David Ransom was mentioned in the July 22 issue of The Hill and The Blog of the Legal Times in articles regarding his move to McDermott. Prior to joining McDermott, Mr. Ransom worked as senior communications and policy adviser to House Majority Leader Steny Hoyer.
David Ransom, Government Strategies
Nancy G. Ross was quoted in the July 21 issue of Pensions and Investments in an article regarding the 2nd U.S. Circuit Court of Appeals' ruling that cash balance pension plans do not violate federal age-discrimination law. Ms. Ross noted that the appeals court's ruling, coupled with a 2006 federal law that protects new cash balance plans from age-discrimination suits, "should be the death knell of cash balance plan litigation." The rulings "will quash participants' desires to challenge these plans. We haven't seen new litigation in this area for some time," she added.
Nancy G. Ross, Employee Benefits Litigation, Trial
Arnold I. Friede was mentioned in the July 21 issue of The Pink Sheet in an article regarding the increased influence the Accreditation Council for Continuing Medical Education (ACCME) will have under PhRMA's revisions to its code on interactions with health care professionals. "Most of the companies are even ahead of where the code is and have been moving very aggressively over the last many years," Mr. Friede said. "Under the PhRMA code the companies may not suggest content; under ACCME proposals, companies would be foreclosed from even suggesting topics."
Arnold I. Friede, Health, Life Sciences & Medical Devices, Life Sciences - Health
Sheila D. Walcoff was mentioned in the July 18 issue of the Sarasota Herald-Tribune regarding her recent move as partner in the Health Law Department of McDermott's Washington, D.C. office.
Abbe D. Lowell was mentioned in the July 16 issue of The Washington Post in an article regarding the 2001 disappearance of Chandra Levy. Mr. Lowell served as Representative Gary Condit's lawyer during the investigation.
Bill Goldman was quoted in the July 14 edition of The Daily Record on Dang Chien Thang's, a native of Vietnam, first visit to the United States earlier this month. "His participation has been invaluable," said Goldman, a Global Community Service Foundation board member who, as chairman of the program committee, works closely with Thang.
William L. Goldman PC, Tax, Tax Controversy
Nancy G. Ross was quoted in the July 9 issue of Business Insurance and the July 11 issue of Workforce Management in articles regarding federal appeals courts' rulings that cash balance pension plans do not violate federal age discrimination law. Ms. Ross noted that the appeals courts' rulings and a 2006 federal law that protects cash balance plans from age discrimination suits "should be the death knell of cash balance plan litigation." She added that the decisions "will quash participants' desires to challenge these plans. We haven't seen new litigation in this area for some time."
Nancy G. Ross, Employee Benefits Litigation, Trial
John P. Cogan was quoted in the July 11 issue of Investor's Business Daily in an article regarding the difficulty Alaska has had in opening its reserves to energy development. Congressional restrictions on opening up the Arctic National Wildlife Refuge to development prevent the region from turning out an estimated 876,000 barrels of oil a day, with reserves at 10.4 billion barrels. Mr. Cogan noted that current estimates rely on old data and reserves may actually be as high as 16 billion barrels. "The geological data are pretty old and most of the information we have is derived from older technology," he said.
John P. Cogan Jr., Energy and Derivatives Markets
Abbe D. Lowell was quoted on July 10 by the Associated Press in an article regarding Paul Minor's appeal of his judicial bribery conviction. Mr. Lowell, Minor's lawyer in the case, noted that U.S. District Judge Henry T. Wingate made several errors during the trial "that ultimately resulted in an unlawful conviction and sentence."
Abbe D. Lowell, Appellate, Trial
Abbe D. Lowell was quoted on July 9 by WLOX 13 in a story regarding Paul Minor's appeal of his judicial bribery conviction. Mr. Lowell, Paul Minor's lawyer, is appealing Minor's bribery conviction on the grounds that U.S. District Judge Henry T. Wingate made errors in the trial "that ultimately resulted in an unlawful conviction and sentence."
Abbe D. Lowell, Appellate, Trial
Abbe D. Lowell was mentioned in the July 8 issue of The AmLaw Litigation Daily in an article regarding Paul Minor's appeal of his judicial bribery conviction. Mr. Lowell, Minor's lawyer, argues in the appeal that Judge Henry Wingate gave jurors different instructions at Minor's second trial than he did at the first. Mr. Lowell also claims that Judge Wingate improperly used bribery standards when sentencing Minor to 11 years.
Abbe D. Lowell, Appellate, Trial
Daniel H. Melvin was quoted in the July 7 issue of Modern Healthcare in an article regarding CMS' newly proposed rules for gain-sharing and other pay-for-performance initiatives that could be a significant step toward loosening financial-arrangement restrictions that many believe prevent doctors and hospitals from aligning on quality-improvement and cost-savings efforts. "The OIG has never wavered from its opinion that gain-sharing violates the law, but in cases where hospitals have sought its opinion (about implementing gain-sharing) the OIG has said it wouldn't prosecute. But, I do think that hospitals will seek to develop programs now that a government agency is looking favorably on gain-sharing,'' Mr. Melvin said.
Daniel H. Melvin, Health, Reimbursement/Fraud & Abuse
Jeffrey E. Stone was quoted in the July 7 issue of the San Francisco Business Times in an article regarding law firms' decision to hire contract and staff attorneys as a way to cut litigation costs. Mr. Stone noted that the Firm's staff attorneys are assigned routine tasks and review documents for major litigation cases. "We're finding there is a sustained demand for the work and the pricing flexibility that this gives us with our clients," he said.
Geoffrey A. Vance was quoted in the July 1 issue of California Lawyer Magazine in an article regarding the increasing importance of e-discovery expertise. Mr. Vance, the co-chair of McDermott's new Electronic Data Management, Privacy & Discovery Practice Group, noted that the group was a long time coming. "We had a task force since the late 1990s, but we suddenly had an epiphany: We're proud of our expertise, and decided we should let our current and prospective clients know about that." He added that although the Firm began by promoting its e-discovery services to existing clients, this has changed with the launch of the new practice group. "We have already started to hear from new clients who have asked us for help on these issues," he said.
Geoffrey A. Vance, Electronic Data Management, Privacy & Discovery, Trial
Michael W. Peregrine was quoted in the July 1 issue of The Wall Street Journal in an article regarding the dismissal of appeals against ex-New York Stock Exchange Chairman Richard Grasso to return a portion of his $187.5 million compensation package. "It's an incomplete decision from a nonprofit perspective. We're not going to have real closure on the merits. Having closure on merits would have provided some guidance to volunteer directors," Mr. Peregrine said.
Michael W. Peregrine, Health, Tax Exemption
Abbe D. Lowell was mentioned in the June 30 and July 1 issues of The Biloxi Sun Herald in an article regarding Paul Minor, a Biloxi lawyer who filed an appeal of his judicial bribery conviction with the 5th U.S. Circuit Court of Appeals. Minor was acquitted of some charges during his 2005 trial, with a hung jury on others, but a conviction came after a second trial in 2007. "Much had changed from the 2005 trial that resulted in acquittals and a mistrial to the 2007 trial that resulted in a hasty conviction and a significant sentence. This appeal addresses these changes - a series of constitutional, evidentiary, legal and sentencing errors by the district court that ultimately resulted in an unlawful conviction and sentence that cannot stand," Mr. Lowell, Minor's lead defense lawyer, and members of the Firm wrote in the appeal.
Abbe D. Lowell, Appellate, Trial
Rory K. Little was quoted in the June 30 issue of The Recorder in an article regarding the U.S. Supreme Court's reversal this term of two opinions from Judge Pamela Rymer of the 9th U.S. Circuit Court of Appeals. Despite the reversals, Mr. Little noted that "Pam Rymer is talked about as a potential Republican nominee to the Supreme Court, and deservedly so. She's a very talented judge."
John M. Callahan was mentioned in a press release published by Business Wire regarding McDermott's legal counsel to EyeCyte, Inc. in the company's Series A funding through an agreement with Pfizer. Under the terms of the deal, Pfizer has invested $3 million in Series A Preferred shares of EyeCyte, a company that believes to have developed a way to isolate and use stem cells to cure macular degeneration, retinopathy and other leading causes of blindness in the world. Mr. Callahan provided legal services to EyeCyte supporting this arrangement.
John M. Callahan, Health, Life Sciences & Medical Device Litigation, Life Sciences - Health
Bobby R. Burchfield was quoted in the June/July issue of Worth in an article regarding how wealthy citizens who choose public service careers must structure their finances in ways that are solid yet completely transparent. Mr. Burchfield noted that to avoid financial conflicts of interest, those holding public office can recuse themselves from votes or official business that may impact their financial holdings. "The rules say, 'Have you voted or acted on a matter that you reasonably expect to provide to you or someone in your family the prospect of personal gain?' I tell clients that just living up to the letter of the law is not enough. If you’re going to avoid controversy, you have to be cognizant of not just the law but the prevailing standards of ethics within the political community and within the media community," he said.
Bobby R. Burchfield, Elections & Political Law, Trial
Melvin White was quoted on June 27 in the Blog of Legal Times in an article regarding the District of Columbia Bar's pro bono fundraising reception, which raised $650,000. Mr. White, outgoing president of the D.C. Bar, noted that the donations show the bar's commitment to pro bono work. "As I turn over the reins, I have to say that being the president of the D.C. Bar is a chance to use the bully pulpit of the office to help the poor of our district. We've seen the strong impact [pro bono work] has had on our city. It's a mark of the tremendous service the D.C. Bar has provided," he said.
Joel M. Freed was recognized in the 2008 issue of the Legal Times Almanac of Leading Lawyers. Mr. Freed was noted for his work in Intergraph Corp. v. Intel Corp., a case that struck the balance between intellectual property and antitrust in favor of intellectual property.
Joel M. Freed, Antitrust - IP, Media & Tech, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Lisa A. Linsky was quoted in the June 27 issue of the New York Law Journal in an article regarding a suit against the federal government on behalf of Gary Day, a disabled gay father whose requests for financial assistance for his two children have been repeatedly ignored. Ms. Linsky, Amy Beard, Todd A. Solomon, Amy M. Gordon, Daniel A. Mullen and Robin L. Zimmerly have teamed with Lambda Legal to represent Mr. Day in the case. Ms. Linsky noted that Mr. Day and his children "meet all the requirements that the agency needs to provide benefits" and that the Social Security Administration's delayed response "is unwarranted and prejudicial" and "constitutes blatant discrimination."
Amy S. Beard, Amy M. Gordon, Lisa A. Linsky, Daniel A. Mullen, Todd A. Solomon, Robin L. Zimmerly, Trial
Michael Kendall was quoted on June 12 in Massachusetts Lawyers Weekly regarding the increase in class-action litigation, a sizable percentage of which defense lawyers and their clients claim lacks merit. Mr. Kendall noted that many law firms file cases and take "The position that they will just see what happens. It's a huge business where if you prevail in one out of every 20 cases, the payoff is going to be so high that what we've seen is there are a lot of plaintiffs willing to play that percentage." He added that just getting to the class-certification stage of a case can be cost-prohibitive. "I'm not disputing that some of these cases are very meritorious, but if you were to have some sort of control over the numbers, I think you'd see that there are a lot of misses for every hit. What people don't always realize is that a miss costs the client a lot of money to defend, even if they have done nothing wrong."
Michael Kendall, Class Action, Trial
Abbe D. Lowell authored an article in The National Law Journal entitled "Commentary: Crossing Borders." The article discusses the need for a clear understanding of when a country has implicitly or explicitly agreed that its borders are not sacrosanct in all circumstances. Mr. Lowell calls for consistent, clearly enforced standards that address the circumstances under which invading the sovereignty of another nation or crossing its borders is justified.
Todd Solomon was mentioned in the June 27 issue of the New York Law Journal in an article regarding a suit against the federal government on behalf of Gary Day, a disabled gay father whose requests for financial assistance for his two children have been repeatedly ignored. Mr. Solomon was part of the McDermott team that teamed with Lambda Legal to represent Mr. Day in the case.
Todd A. Solomon, Employee Benefits & Pensions, Welfare Benefit Plans
Jeffrey F. Webb was quoted in the June 27 issue of Employment Law360 in an article regarding the U.S. Supreme Court's rulings in employment cases during its latest term. Mr. Webb noted that the ruling in Kentucky Retirement System v. EEOC, in which the court held that a retirement plan that uses age as a factor in determining benefits does not necessarily violate the ADEA, was a surprise because three of the court's more liberal justices joined two of the court's more conservative justices in the majority. "That case is an exception. I tried to make some sense of the way the justices split in the case and can't find anything to explain it," he said. Mr. Webb also noted that the court's recent pro-employee decisions are likely not reactions to criticism the court received for its pro-employer decisions issued during the previous term. "I don't think justices are so easily swayed by the reactions to their decisions."
Jeffrey F. Webb, Appellate, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Ankur Goel was mentioned in the June 26 issue of Legal Bisnow in an article regarding his recent election to the D.C. Bar Board of Governors.
Todd Solomon was mentioned in the June 25 issue of the Windy City Times in an article regarding the recent Citywide Pride event hosted by Merrill Lynch and McDermott Will & Emery. The article discusses Mr. Solomon's presentation and his helpful hints for employers about domestic partner benefits. Mr. Solomon is also looking forward to possibly having civil unions in Illinois. Although it won't have an impact on federal benefits, it will clue more local companies into the needs of their LGBT employees. "It will do a lot for bringing this higher up on the radar screen for Illinois companies," Mr. Solomon said. "It will continue to bring attention to the issue."
Todd A. Solomon, Employee Benefits & Pensions, Welfare Benefit Plans
Bob Dilworth was mentioned in the June 25 Congressional Documents and Publications, the June 26 issues of FNS Daybook and The Frontrunner, and the June 27 issues of US Fed News andWebCPA about being a witness at the Senate Finance Committee's hearing conducted "to examine the foundation of international tax reform, focusing on worldwide, territorial, and related corporate tax issues," according to a committee notice published in the Congressional Record.
Robert H. Dilworth, International Tax, Tax
Joseph B. Williams was mentioned in the June 23 issue of Congressional Quarterly Today and the June 30 issue of The Washington Post in articles referencing his move to McDermott Will & Emery's Energy and Derivatives Markets Practice Group. Mr. Williams re-joins McDermott after serving as senior in-house counsel with the New York Independent System Operator.
Joseph B. Williams, Energy and Derivatives Markets
John M. Callahan was mentioned in the June 23 issue of Forbes.com regarding McDermott’s legal counsel to EyeCyte, Inc. in the company’s Series A funding through an agreement with Pfizer. Under the terms of the deal, Pfizer has invested $3 million in Series A Preferred shares of EyeCyte, a company that believes to have developed a way to isolate and use stem cells to cure macular degeneration, retinopathy and other leading causes of blindness in the world. Mr. Callahan provided legal services to EyeCyte supporting this arrangement.
John M. Callahan, Health, Life Sciences & Medical Devices, Life Sciences - Health
John M. Callahan was mentioned in the June 23 issue of PR-inside.com regarding McDermott’s legal counsel to EyeCyte, Inc. in the company’s Series A funding through an agreement with Pfizer. Under the terms of the deal, Pfizer has invested $3 million in Series A Preferred shares of EyeCyte, a company that believes to have developed a way to isolate and use stem cells to cure macular degeneration, retinopathy and other leading causes of blindness in the world. Mr. Callahan provided legal services to EyeCyte supporting this arrangement.
John M. Callahan, Health, Life Sciences & Medical Devices, Life Sciences - Health
Robert B. Nicholas was mentioned in the June 16 issue of the National Law Journal in an article regarding a new U.S. Food and Drug Administration final rule governing clinical trials held in foreign countries that will spark painstaking legal review of pharmaceutical companies' protocols for trials. "Adhering to the FDA's good clinical practices directives for studies done abroad means more work for clients and their attorneys. We'll be working with companies trying to structure clinical studies that they'll be conducting outside the U.S.," Mr. Nicholas said.
Robert B. Nicholas, Health, Life Sciences - Health
Eric Hargan and Kerrin Slattery were quoted in the June 16 issue of American Medical News in an article regarding the CMS Emergency Medical Treatment and Labor Act (EMTALA) law. "If CMS finalizes the proposal, legal firms that represent hospitals will recommend that they take a long look to assess whether community call makes sense for them. If a specialty hospital or other facility is designated as the on-call location for certain types of emergency patients, it might expect that it will take on more of the burden of caring for patients with those conditions than it currently does," Ms. Slattery and Mr. Hargan said.
Eric D. Hargan, Kerrin B. Slattery, Health
Abbe D. Lowell was quoted in the June 16 issue of Legal Times in an article regarding Jack Abramoff's sentencing scheduled for September 2008 in the U.S. District Court for the District of Columbia. As Jack Abramoff's lawyer, Mr. Lowell noted that while he could face up to 11 more years in prison, his plea agreement anticipates a reduced sentence for his cooperation. "His cooperation to date and the changes he's brought to the system merit as much consideration as any case I'm aware of," Mr. Lowell said.
Benoît Keane commented on the rejection by the Irish of the new EU Treaty in the June 14 issue of theIrish Independent, Ireland's national daily newspaper. The article, titled "Where now for Ireland and the EU?" appeared on the first page of the Independent's supplement on the referendum.
Benoît Keane, Brussels, EU Competition, International
Linda M. Doyle was quoted in the June 13 issue of Employment Law360 in an article regarding employers’ implementation of four-day, 10-hour-per-day workweeks in response to rising gas prices. Ms. Doyle noted that some employees may become disgruntled over a change in schedule if they have commitments that make 10-hour days more difficult. "The most significant issue is child care, where an employee has to pick up a child at 5:30 but now they would have to work until seven. Extra daycare can be very expensive," she said.
Linda M. Doyle, Labor & Employment, Trial
Peter Y. Malyshev was quoted in the June 13 issue of Securities Law360 in an article regarding claims that growing speculation in commodities markets is the cause of rising oil and food prices in the United States. Mr. Malyshev noted, however, that speculators play an important role in the functioning of commodities markets and that restricting their activities may not be advisable. "If you drastically restrict speculation, speculators will exit the markets, there will be little liquidity, and the markets will likely dry up or move offshore. With no speculators, there is limited liquidity and less effective hedging and such commodity markets will serve limited price discovery functions as well," he said.
Peter Y Malyshev, Energy and Derivatives Markets
Veronica Pinotti is quoted in the June 12 issue of Global Competition Review in relation to Italy's Antitrust Authority's recent statement to the country's law makers that slow decision-making by the government and a lack of competition are preventing growth of Italy's economy. Ms. Pinotti said, "Even in markets which in principle should be liberalised, there is in fact significant lack of competition, which limits the will of global competitors to participate in these markets - the rail transport sector is a typical example."
Veronica Pinotti, Competition - Italy, EU Competition, Italy
Jeffrey F. Webb was quoted on June 12 in Massachusetts Lawyers Weekly. Mr. Webb noted that many companies agree to settle due to the high costs of reaching the class-certification stage. "Anybody who's been down this road before knows how much money it costs just to get to the class-certification stage....so you can understand why companies agree to settle. It definitely has happened that clients who have faced significant class-action litigation have had to declare bankruptcy even long before the point the determination is made of whether they did something wrong," he said. He added that with plaintiffs' lawyers in Massachusetts taking advantage of the Wage and Hour Act, the situation is not expected to improve for corporate clients. "It is a very significant concern because most of these class-action settlements become public where people see the results..." he said.
Jeffrey F. Webb, Class Action, Trial
Steven S. Scholes was quoted in the June 11 issue of Fortune Magazine in an article regarding the Commonwealth of Massachusetts' claim that Phil Goldstein, a hedge fund manager, violated rules prohibiting the marketing of hedge funds to average investors. In response, Goldstein and his firm filed suit in March 2007 against the secretary of the Commonwealth, claiming that the secretary had violated Goldstein's right to free speech. Mr. Scholes noted that if Goldstein wins his case, changes will likely be made in how hedge funds raise capital. "You would see more advertising in every imaginable form, especially by smaller, less established, and possibly riskier firms that need more capital. It would benefit them much more than the big houses," he said.
Steven S. Scholes, SEC Defense, Trial
Matthew J. Jacobs was quoted on June 10 in The National Law Journal regarding the role of general counsel in the U.S. government's investigations of companies and executives involved in stock options backdating. Mr. Jacobs noted that the issue of privilege is particularly complicated in backdating investigations. A controversial 2006 proposal would have created selective waiver in Federal Rules of Evidence 502, allowing companies to partially waive privilege to cooperate with government investigators but not share the information with anyone else. The proposal failed because the government could insist on disclosure from companies protected by partial waivers. "The privilege issues coming out of backdating are significant and they are troublesome. You want companies to be able to investigate allegations of wrongdoing and want them to report to the board and discuss with auditors without waiving privilege."
Matthew J. Jacobs, SEC Defense, Trial
Paul J. Pantano was mentioned in the June 10 issue of Megawatt Daily in an article regarding the first meeting of the Commodity Futures Trading Commission's Energy Markets Advisory Committee. Mr. Pantano, a representative of the Futures Industry Association, serves on the committee which met to examine transparency in the energy markets.
Paul J. Pantano Jr., Energy and Derivatives Markets, Energy Trading and Structured Transactions
Lisa A. Linsky was quoted in the June 10 issue of The Legal Intelligencer in an article regarding how summer associates can make the most of their experiences. Ms. Linsky noted that summer associates provide a fresh perspective that is both appreciated and welcome at McDermott. She started the Firm's LGBT Diversity Committee in response to summer associates' questions about whether the Firm had gay attorneys with whom students could speak about sexual orientation issues. "The committee has completely enhanced the culture of the Firm, and the collegiality of the attorneys and staff," she said. "This is the sort of opportunity that connects you and roots you to a firm. It enables you to establish relationships with colleagues from all over the world, not just your home office," she added.
Abbe D. Lowell was quoted in the June 9 issue of The Hill in an article regarding a congressional report that claims the White House inadequately investigated ties between Jack Abramoff and White House aides. The report argues that the White House provided an incomplete review of its contacts with Abramoff and did not interview several White House officials about their contacts with the lobbyist. "Much of what the congressional committees know and what the Justice Department knows result from our client’s cooperation. He continues to work hard to make amends for that of which he has pled guilty," noted Mr. Lowell, Abramoff’s lawyer in the case.
Toby H. Kusmer was quoted in the June 6 issue of the Boston Business Journal in an article regarding the most unique patents IP lawyers' have helped secure and protect. Mr. Kusmer noted that when stereo TV was first considered in the 1980s, the Broadcast Television Systems Committee (BTSC) wanted to develop a uniform standard to prevent competing technologies that could have hindered the success of stereo transmission. "Originally developed to reduce noise in audio signals recorded on magnetic tape, the Adaptive Signal Weighting System patent disclosed and claimed technology later adopted by the BTSC for reducing noise in the 'R-L channel' of stereo audio for analog TV," Mr. Kusmer said.
Toby H. Kusmer PC, Intellectual Property, Media & Technology, Patent Prosecution
Sarah Chapin Columbia was quoted in the June 6 issue of the Boston Business Journal in an article regarding the decreasing number of IP-related lawsuits going to trial in Massachusetts due to the belief that other venues offer speedier resolution. Some Massachusetts companies are opting to file in other federal courts where, for example, the court may have a record of being plaintiff-friendly or may offer a faster trial. "There's a lot of venue shopping going on," Ms. Columbia said.
Sarah Chapin Columbia, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Douglas Mancino was quoted in the June 4 issue of BNA's Daily Tax Report in an article regarding the new IRS commensurate test found in IRS Rev. Rul. 64-182. "All of this hand wringing is an overreaction. People are taking a couple of words that have been in widespread use and acting like it's something new," Mr. Mancino said.
Douglas M. Mancino, Health, Tax Exemption
Abbe D. Lowell was quoted in the June 2 issue of The Jerusalem Post in an article regarding the trial of former AIPAC employees, Steven Rosen and Keith Weissman. As Rosen's lawyer, Mr. Lowell publicly attacked AIPAC in May, accusing the organization of unfairly abandoning his client due to concern for its reputation. "They [the Justice Department] played for AIPAC's lawyer about a minute or less of one conversation of many, many conversations and took it out of context, and they scared AIPAC, and AIPAC took its actions," Mr. Lowell said.
Melvin White was quoted in the June 2 issue of The National Law Journal in an article regarding how developing their storytelling skills can help summer associates make the most of their experiences. Mr. White recommends that summer associates consider why some people motivate others to take action and other people do not. He suggests monitoring the cadence, tone and style with which stories are told by well-seasoned lawyers. "You want to study their approach in the same way that an apprentice actor might study a well-regarded actor in terms of the voice inflection, mannerism and level of perceived sincerity," Mr. White said.
Daniel E. Alberti was quoted in the June 2 issue of the Daily Journal in an article regarding Redwood City students’ recent participation in mock trials at the San Mateo County Courthouse. Mr. Alberti and nine other McDermott Will & Emery lawyers participated in the program which trained teams of 10 to 12 students from McKinley Institute of Technology, Campbell Middle School and Kennedy Middle School, on the basics of being a trial lawyer. "These sixth-graders absorbed this like a sponge. You see these kids where the most they know of law is 'Law and Order' and they take this case and learn how to frame questions," he said.
Den White was interviewed for the June 2008 edition of Mergers & Acquisitions Magazine regarding how he became involved in M&A transactions, recent trends and challenges in the transactions industry as well as common pitfalls in M&A transactions. The interview also addressed Mr. White's history with the Association for Corporate Growth, an 11,000 member organization focused on corporate growth and M&A. He is currently Vice Chairman of ACG's Global Board of Directors.
Link to: Den White, Corporate, Mergers & Acquisitions
Dennis J. White, Corporate, Mergers & Acquisitions
Sheila Walcoff was mentioned in The Washington Post and Congressional Quarterly Daily regarding her recent move to McDermott’s Health Law department and life sciences government strategies practice group in Washington, D.C.
Link to: Sheila Walcoff, Health, Life Sciences – Health, Government Strategies
Government Strategies, Health, Life Sciences - Health
James Sanders was quoted in the May 30 issue of the Los Angeles Daily Journal in the article, "SEC Names Insiders as Directors." The article discusses the recent selection of two lawyers within the Securities Exchange Commission to head the agency's regional offices in California. "I think it's good for the agency to promote from within," commented Mr. Sanders, who formerly headed the SEC in Los Angeles. "I think it makes a difference morale-wise."
James L. Sanders, SEC Defense, Securities Litigation
Arnold Friede, Jennifer Geetter, Robert Nicholas, and Paul Radensky had their On the Subject published in the May 30 edition of Health Law 360 regarding the FDA Draft Guidance on certification of compliance with the new FDAAA clinical trial registration and posting regime.
Arnold I. Friede, Jennifer S. Geetter, Robert B. Nicholas, Paul W. Radensky M.D., Health, Life Sciences - Health
Rory K. Little was quoted on May 29 by California’s KCBS radio station in a story regarding track coach Trevor Graham’s conviction on charges stemming from the BALCO investigation. Graham was found guilty of lying to federal investigators about his relationship with steroids dealer Angel Heredia. Mr. Little noted that this recent conviction may be an indication of what will happen with Barry Bonds. "It does...increase the government’s leverage, in the sense that they’ve now gotten a couple of convictions and some guilty pleas. Their cases seem to be hanging together against their defendants, even though this one was a mixed verdict," Mr. Little said.
Arnold Friede, Elizabeth Hack, Robert Nicholas, Paul Radensky and T. Reed Stephens were mentioned in a May 29 article in FDA Webview regarding the recent White Paper they had authored regarding Merck’s $58 million settlement of consumer fraud claims by state attorneys general.
Arnold I. Friede, Elizabeth I. Hack, Robert B. Nicholas, Paul W. Radensky M.D., T. Reed Stephens, Health, Life Sciences - Health
Sheila Walcoff was mentioned in the May 29 Legal Times blog regarding her recent move to McDermott’s Health Law department in Washington, D.C.
Joel Rubinstein was quoted in a May 29 article published by Dow Jones Financial News regarding the postponement of the Goldman Sachs sponsored Liberty Lane SPAC IPO due to flat market conditions. Rubinstein stated that besides flat market conditions, the SPAC unsuccessfully appealed to long-term investors and typical SPAC audience. "They were trying to do something different. Every SPAC would love for [long-term] buyers to buy shares from the beginning," he said. He further added that the market continues to be focused on the SPACs which have priced but have yet to complete deals.
Lisa A. Linsky was quoted on May 28 by ProudParenting.com in an article regarding Gary Day’s anti-gay discrimination lawsuit against the Social Security Administration (SSA). Day, a disabled gay father, has repeatedly requested SSA assistance for his children, but his requests have been ignored for two years. Ms. Linsky, co-counsel for Day, noted that "The SSA is putting these children at a disadvantage by being unresponsive to Mr. Day's request. He and his children meet all the requirements that the agency needs to provide benefits. Delaying a response to their request for assistance for over two years is unwarranted and prejudicial to these children."
Joel G. Chefitz was quoted in the May 28 issue of Global Competition Review in an article regarding a settlement the National Association of Realtors (NAR) recently reached with the U.S. Department of Justice that increases competition between online and office-based residential real estate brokers by giving internet-based brokers access to multiple listing services they were blocked from accessing. He noted, however, that the settlement will likely bring "only modest benefits" for online brokers. "My understanding is that NAR suspended the challenged restrictive policy in 2005 after the DoJ filed suit, and the settlement appears to make that suspension permanent. Notwithstanding the relaxation in policy since 2005, commissions reportedly have held steady and online brokers still account for less than 10 percent of the market. Consumers apparently prefer flesh-and-blood agents to the virtual variety," he said.
Joel G. Chefitz, Antitrust & Competition, Trial
Gregory K. Lawrence was quoted in the May 26 issue of Electric Utility Week in an article regarding electric utilities’ energy efficiency capital spending programs. Mr. Lawrence noted that these programs rarely rise to the level of altering Wall Street investment patterns. "The level of expenditure when compared to overall rate base of revenues is just not significant enough for investors to take notice yet," he said. Mr. Lawrence added that investors that do take notice are generally skeptical about energy efficiency and the effectiveness of efficiency technologies. "I’ve consistently been asked, ‘Is demand response real? Does the technology work?'" he said.
Gregory K. Lawrence, Energy and Derivatives Markets
Marc E. Sorini was featured in the May 23 issue of The Am Law Daily in an interview regarding his role as head of McDermott’s Alcohol Beverages and Products Group. When asked how he found his niche, Mr. Sorini noted, "I decided that general litigation was not right for me. Meanwhile, the craft beer movement was growing rapidly…I thought, 'Wouldn't it be wonderful if I could have these folks as clients and immerse myself in the industry.' I started writing articles for the local brewspapers--the local beer rags--and that gave me the opportunity to actually talk to small brewery owners about their legal issues and get a practical, worms-eye view of the business." To access the full article please click here...
Marc E. Sorini, Alcohol Beverages & Products, Distribution - Alcohol Beverages & Products, Non-Beverage Alcohol, Regulatory Development - Alcohol Beverages & Products, Trial - Alcohol Beverages & Products
Robin Greenhouse was quoted in the May 22 issue of CCH Federal Tax Weekly on Regions Financial Corp. et al. v. United States. Ms. Greenhouse explained that both Regions and Textron (a much-heralded IRS loss on privilege that is now on appeal in the First Circuit) found that it would be unfair for the government to obtain these documents. "It's not helping the IRS develop the facts or develop issues. It's really just telling the IRS--This is how the taxpayer values the case." Ms. Greenhouse further pointed out that the government would be just as adamant about protecting its own work product documents as well.
Robin L. Greenhouse, Tax, Tax Controversy
Blake Rubin was quoted in the May 22 issue of Federal Tax Weekly in an article regarding how final regs apply substantial economic effect rules to indirect partners. Mr. Rubin commented that the final regs contain minor "tweaks" to the regs proposed in 2005 and that the existing regs "already [involve] burden."