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Ward and Smith, P.A. Attorney J. Troy Smith, Jr. Selected for Inclusion in Business North Carolina's "Legal Elite"
Ward and Smith, P.A. is pleased to announce that six of its attorneys have been chosen for the January 2006 "Legal Elite" edition of Business North Carolina magazine. Over 17,000 peer-review surveys were mailed to every lawyer living in North Carolina and licensed by the North Carolina State Bar. Participants were asked to vote for the best practitioner in 12 fields of law. Participants could vote for attorneys within their own firm, although they could not vote for themselves. The attorneys that received the most votes from attorneys outside of their own organization were recognized as "Legal Elite." Ward and Smith, P.A. attorneys listed in the prestigious compilation include: Albert R. Bell, Jr., Stuart B. Dorsett, Paul A. Fanning, C. H. Pope, Jr., Gary J. Rickner, and J. Troy Smith, Jr. David L. Ward, Jr. continues to be listed in the "Legal Elite" Hall of Fame.

J. Troy Smith, Jr. represents both private and institutional health care providers and is regularly involved in government affair, land regulation, and municipal matters. His practice experience includes a range of business law matters from start-up businesses to complex transactional matters. As a previous member of Business North Carolina's "Legal Elite," Mr. Smith is also listed in The Best Lawyers in America and is a member of the North Carolina Bar Association Hall of Fame. He has been rated by his peers as being "preeminent" in his respective field of law.

Ward and Smith, P.A. is the largest law firm based in eastern North Carolina, and serves as counsel for more mid- and large-sized businesses in the region than any other law firm. The firm is composed of more than 65 attorneys who serve clients locally, regionally, nationally, and internationally from offices in Greenville, New Bern, Raleigh, and Wilmington. Honored with the distinction of being rated as one of America's Greatest Places to Work with a Law Degree by Harcourt Brace, Ward and Smith, P.A. is also home to 16 attorneys included in the publication The Best Lawyers in America and seven attorneys selected as "Legal Elite" from peer-review surveys published in Business North Carolina.

01-04-2006

Ward and Smith, P.A. Attorney Gary J. Rickner Selected for Inclusion in Business North Carolina's "Legal Elite"
Ward and Smith, P.A. is pleased to announce that six of its attorneys have been chosen for the January 2006 "Legal Elite" edition of Business North Carolina magazine. Over 17,000 peer-review surveys were mailed to every lawyer living in North Carolina and licensed by the North Carolina State Bar. Participants were asked to vote for the best practitioner in 12 fields of law. Participants could vote for attorneys within their own firm, although they could not vote for themselves. The attorneys that received the most votes from attorneys outside of their own organization were recognized as "Legal Elite." Ward and Smith, P.A. attorneys listed in the prestigious compilation include: Albert R. Bell, Jr., Stuart B. Dorsett, Paul A. Fanning, C. H. Pope, Jr., Gary J. Rickner, and J. Troy Smith, Jr. David L. Ward, Jr. continues to be listed in the "Legal Elite" Hall of Fame.

Gary J. Rickner 's practice experience includes several areas of civil litigation. He advises clients and litigates cases involving all forms of commercial and business disputes, including contract breaches, securities litigation, products liability defense, and civil rights issues. Mr. Rickner is included in The Best Lawyers in America, is a member of the American College of Trial Lawyers, and has been rated by his peers as being "preeminent" in his respective field of law.

Ward and Smith, P.A. is the largest law firm based in eastern North Carolina, and serves as counsel for more mid- and large-sized businesses in the region than any other law firm. The firm is composed of more than 65 attorneys who serve clients locally, regionally, nationally, and internationally from offices in Greenville, New Bern, Raleigh, and Wilmington. Honored with the distinction of being rated as one of America's Greatest Places to Work with a Law Degree by Harcourt Brace, Ward and Smith, P.A. is also home to 16 attorneys included in the publication The Best Lawyers in America and seven attorneys selected as "Legal Elite" from peer-review surveys published in Business North Carolina.

01-04-2006

Ward and Smith, P.A. Attorney C. H. Pope, Jr. Selected for Inclusion in Business North Carolina's "Legal Elite"
Ward and Smith, P.A. is pleased to announce that six of its attorneys have been chosen for the January 2006 "Legal Elite" edition of Business North Carolina magazine. Over 17,000 peer-review surveys were mailed to every lawyer living in North Carolina and licensed by the North Carolina State Bar. Participants were asked to vote for the best practitioner in 12 fields of law. Participants could vote for attorneys within their own firm, although they could not vote for themselves. The attorneys that received the most votes from attorneys outside of their own organization were recognized as "Legal Elite." Ward and Smith, P.A. attorneys listed in the prestigious compilation include: Albert R. Bell, Jr., Stuart B. Dorsett, Paul A. Fanning, C. H. Pope, Jr., Gary J. Rickner, and J. Troy Smith, Jr. David L. Ward, Jr. continues to be listed in the "Legal Elite" Hall of Fame.

C. H. Pope, Jr. is the leader of the Real Estate Section. He has extensive experience in real estate and construction opportunities and disputes. He advises clients involved in the acquisition, financing, governmental approval, zoning and subdivision, construction of improvements, leasing, and sale of real estate. He is also experienced in the areas of tax-deferred exchanges; construction contracts, disputes and liens; timber and logging; and wetlands issues. Mr. Pope is included in The Best Lawyers in America and has been rated by his peers as being "preeminent" in his respective field of law.

Ward and Smith, P.A. is the largest law firm based in eastern North Carolina, and serves as counsel for more mid- and large-sized businesses in the region than any other law firm. The firm is composed of more than 65 attorneys who serve clients locally, regionally, nationally, and internationally from offices in Greenville, New Bern, Raleigh, and Wilmington. Honored with the distinction of being rated as one of America's Greatest Places to Work with a Law Degree by Harcourt Brace, Ward and Smith, P.A. is also home to 16 attorneys included in the publication The Best Lawyers in America and seven attorneys selected as "Legal Elite" from peer-review surveys published in Business North Carolina.

01-04-2006

Ward and Smith, P.A. Attorney Albert R. Bell, Jr. Selected for Inclusion in Business North Carolina's "Legal Elite"
Ward and Smith, P.A. is pleased to announce that six of its attorneys have been chosen for the January 2006 "Legal Elite" edition of Business North Carolina magazine. Over 17,000 peer-review surveys were mailed to every lawyer living in North Carolina and licensed by the North Carolina State Bar. Participants were asked to vote for the best practitioner in 12 fields of law. Participants could vote for attorneys within their own firm, although they could not vote for themselves. The attorneys that received the most votes from attorneys outside of their own organization were recognized as "Legal Elite." Ward and Smith, P.A. attorneys listed in the prestigious compilation include: Albert R. Bell, Jr., Stuart B. Dorsett, Paul A. Fanning, C. H. Pope, Jr., Gary J. Rickner, and J. Troy Smith, Jr. David L. Ward, Jr. continues to be listed in the "Legal Elite" Hall of Fame.

Albert R. Bell, Jr. is the leader of the Labor and Employment Section. He has over 40 years of experience in labor and employment matters. His experience encompasses federal and state court litigation of employment issues, including charges of civil rights discrimination. He also advises clients on a wide range of employment regulatory and legislative issues, appearing on their behalf before the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Office of Federal Contract Compliance Programs, and federal and state wage and hour divisions. A previous member of "Legal Elite," Mr. Bell is also listed in The Best Lawyers in America. He has been rated by his peers as being "preeminent" in his respective field of law.

Ward and Smith, P.A. is the largest law firm based in eastern North Carolina, and serves as counsel for more mid- and large-sized businesses in the region than any other law firm. The firm is composed of more than 65 attorneys who serve clients locally, regionally, nationally, and internationally from offices in Greenville, New Bern, Raleigh, and Wilmington. Honored with the distinction of being rated as one of America's Greatest Places to Work with a Law Degree by Harcourt Brace, Ward and Smith, P.A. is also home to 16 attorneys included in the publication The Best Lawyers in America and seven attorneys selected as "Legal Elite" from peer-review surveys published in Business North Carolina.

01-04-2006

Ulmer & Berne LLP Announces Win in Wadsworth Water Ruling
CLEVELAND — Ulmer & Berne LLP, a major Ohio-based law firm with four offices throughout the Midwest, announced a win today over the City of Wadsworth in four consolidated appropriation cases filed by Wadsworth against owners of land in Wayne County.

01-04-2006

Streetwise: Ottawa Mulls Cost of a Corporate Canada Selloff
Merger and acquisition activity has been clicking along at a record pace over the last year. But to date, deal makers have been surprised by the federal government's lack of response to foreign takeovers, and it's not clear whether Ottawa will remain silent on these types of deals.

In its memo, M&A Trends of 2005—Our Top 10 List, Torys' M&A team says it expects takeovers to continue at a red-hot pace, and calls for more hostile activity. But recent months have seen “a resurgence of protectionist attitudes in the United States and Canada towards foreign acquirers.”

In the U.S. market, protectionist hackles were raised in the battle for Unocal, where a Chinese company was outbid by Chevron. In Canada, the attitude shift was subtler. Torys points out that when the government fell, proposed amendments to the Investment Canada Act died with it. The measures had been introduced after China's Minmetals sniffed around Noranda. Says Torys' memo: “Proposed amendments would allow transactions to be reviewed and rejected, regardless of their size, if they could be injurious to ‘national security' (which is not defined in the proposed legislation but seems intended to go beyond, for example, the defence industry).”

The next federal government could face the question of whether to protect or sell off the biggest businesses in the land. It is likely that Ottawa will opt to block these deals, especially those in the media, telecom, banking and airlines industries.

01-04-2006

Hostile Takeovers Take Centre Stage The Globe and Mail Report on Business
In merger and acquisition circles, 2005 will go down as the year that takeovers got nasty.

Canadian markets saw a record number of hostile acquisitions. The targets ranged from corporate icons to obscure income trusts. In each case, potential buyers opted for what investment bankers call “friendly unsolicited offers” after initial takeover overtures were turned down.

Torys, at the heart of the action, noted that there have been an average of ten hostile bids annually through the last seven years; then in the last four months of 2005, the number exploded to eight.

Going hostile works in Canada. “American lawyers joke that we Canadians have taken all the fun out of takeover defences,” says Phil Brown. “Once a takeover is launched at a Canadian company, it tends to be sold. In the United States, companies have far more options to fend off bidders.”

The trend in Canada was that deals that started hostile ended up friendly once the initial bid was raised. Takeovers, no matter how hostile their origin, are hard to resist in Canada for several reasons. Firstly, regulators tend to favour open auctions, and have usually denied boards' attempts to “just say no” or roll out a poison pill. Secondly, activist investors, such as hedge funds, have used hostile bids to put a company in play. Thirdly, the maturing income trust sector has created opportunities for funds with deep pockets and solid valuations to take out smaller rivals with lower valuations and slumping unit prices.

According to merchant bank Crosbie & Co., there were 816 takeovers worth C$103-billion announced through Q3 of 2005—up 20 percent over 2004 in deal number and value. Corporate financiers expect the frenzied pace to continue due to favourable underlying economic conditions: low interest rates, surging commodity prices, confident CEOs and strong balance sheets.

Another other major factor in Canadian takeovers promises to be the growth of private equity funds. There are more of them, and they're larger, so the size of buyouts is likely to jump. Players are also looking to deploy money on bigger deals, as we saw in the 2005 US$15 billion purchase of Hertz by a private equity consortium.

01-04-2006

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