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Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Baker Donelson's Jackson Office Adds Five New Attorneys
Five attorneys with extensive experience in business litigation, labor and employment and tax law have joined the Jackson, Mississippi office of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. Joining the Jackson office of Baker Donelson as shareholders are Brooks Eason and David P. Webb. Joining as associates are Maria Candace (Candy) Burnette, Amy Lewis Champagne and Adam H. Gates.

Mr. Eason, formerly with McGlinchey Stafford, focuses his practice on complex business litigation and the defense of employment disputes. He has extensive experience representing both plaintiffs and defendants in major commercial cases and has successfully defended clients in numerous employment matters. A 1982 graduate of Duke University School of Law, he has served as lead outside counsel for employment litigation for the largest employer in Mississippi for more than fifteen years. Before entering private practice, Mr. Eason served as a judicial clerk to the Honorable Charles Clark, Chief Judge of the U.S. Court of Appeals for the Fifth Circuit.

Mr. Webb, formerly with Phelps Dunbar, concentrates his practice in the area of tax and business law. He has experience in federal and state taxation, business transactions, corporate matters, estate planning and state, local and federal tax controversy matters. A 1985 graduate of the University of Mississippi School of Law, Mr. Webb also holds an LL.M. in Taxation from the University of Florida and is a Mississippi Certified Public Accountant and a member of the American Institute of Certified Public Accountants.

Ms. Burnette, formerly with McGlinchey Stafford, focuses her practice in the areas of labor and employment and business litigation. A 2001 graduate of the University of Michigan Law School, she also has experience in bankruptcy and consumer litigation. Prior to entering private practice, Ms. Burnette spent a year with the Mississippi Office of Capital Defense Counsel preparing death penalty appeals. She also has prior experience as a market research analyst and consultant for clients in the health care and energy utility industries.

Ms. Champagne, formerly with Baker Botts LLP, is a member of the Firm's Litigation Group and concentrates her practice in matters related to health services and products and government regulatory actions. She has significant litigation and appellate experience in both state and federal courts. A 2002 graduate of the Paul M. Hebert Law Center at Louisiana State University, Ms. Champagne served as a clerk to the Honorable W. Eugene Davis of the U.S. Court of Appeals for the Fifth Circuit. She also holds a degree in chemical engineering and served as a project/process engineer for a major energy corporation and as a consulting engineer for URS Corporation before entering law school.

Mr. Gates, formerly with McGlinchey Stafford, concentrates his practice in the areas of labor and employment law and business litigation. A 2006 graduate of the Mississippi College School of Law, he is a member of the Jackson Young Lawyers Association.

"Baker Donelson is proud to welcome these highly qualified attorneys," stated William S. Painter, managing shareholder of the Firm's Jackson office. "Our strategic long-term goal is to continue to add the top available talent to the Firm. These latest additions reaffirm our commitment to that strategic goal and mark an increase in the size of our Jackson office from 50 attorneys to almost 70 in the last year.

04-09-2007

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Taft Stettinius & Hollister LLP.

Kevin Kirsch Participates in Hearing of the Committee on Small Business of the U.S. House of Representatives
Kevin Kirsch, a patent attorney and partner in the Cincinnati office of Taft, Stettinius, & Hollister LLP, testified before the United States House of Representatives, Committee on Small Business, at a hearing entitled, “The Importance of Patent Reform to Small Businesses.” Other panel members consisted of the Commissioner of Patents, John Dole, and representatives from eBay, Georgetown University, Mobius, Venture Investors and Amberwaves.

According to Ranking Member, Congressman Steve Chabot, “The relationship between innovation, particularly advances in technology, and small businesses cannot be overstated.”

Appearing before the committee, Kirsch proposed an extensive patent reform agenda which emphasized recommendations for patent reform initiatives and highlighted a combination of events which led to a “gold rush” in patent reformation and examined judicial trends against the enforceability of a patent and proposed legislative initiatives.

Kirsch focused his verbal testimony on restructuring the patent granting process. According to Kirsch, the patent granting process is systemically flawed by the issuance of patents with ambiguous claim terms. As a result, hundreds of millions of dollars and countless jurist hours are spent every year in litigation construing claim terms, which could far more easily and accurately have been defined closer to the time of the actual invention by the patent applicant. According to Kirsch, ambiguous claim terms further subverts one of the primary purposes of the patent system, to place the public on notice of the scope of the alleged invention. Kirsch recommended requiring patent applicants to define each claim term in a patent during the application process, require the examiner to reject or allow the proposed definitions and to hold the applicant to the allowed definitions during litigation.

Kirsch also suggested that patent cases should go before specially trained judges with specially trained staffs of judicial clerks and that complex patent issues, such as evaluation of prior art, should be decided by judges rather than put before juries. Kirsch further expressed support for H.R. 34, a proposal made by Rep. Darrell E. Issa (R-Calif.) for a pilot program permitting federal district court judges to volunteer to specialize in patent cases. The bill was passed by the House of Representatives in February (73 PTCJ 431, 2/16/07 ).

Kirsch submitted a written testimony to the United States House of Representatives, Committee on Small Business entitled, “The Implications of Recent Potential and Implemented Judicial and Legislative Patent Reform on Small Businesses.”

Kirsch is a patent attorney, registered to practice before the United States Patent & Trademark Office, whose practice presently focuses on patent litigation. He has represented numerous small and large businesses in patent litigation matters throughout the United States. He is a peer reviewed AV Rated attorney and a partner with the law firm, Taft, Stettinius & Hollister LLP (“Taft”). He previously led the Legal Services Department for Luxottica Retail (LensCrafters, Pearl Vision, Sunglass Hut and Things Remembered, among other companies), was a partner with Oppenheimer Wolff & Donnelly LLP, and was of counsel with Stradling Yocca Carlson & Rauth, a leading high technology law firm in Newport Beach, California. He is admitted to practice before the State Courts of California, the United States District Courts of California (Southern, Central and Northern), the United States Court of Appeals for the Ninth Circuit and the Court of Appeals for the Federal Circuit.

Taft, Stettinius & Hollister LLP has offices in Cincinnati, Columbus, Cleveland, Dayton and Northern Kentucky. The firm provides a broad range of legal services to businesses and individuals, including litigation, corporate and business law, securities and municipal financing, tax and estate planning, labor and employment law, real estate and environmental, health care, intellectual property and unfair competition and antitrust law.

04-09-2007

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Simpson, Thacher & Bartlett, LLP

Firm Obtains Victory on Behalf of Goldman Sachs Private Equity Fund
The Firm recently obtained an important victory on behalf of a Goldman Sachs private equity fund that is buying USI Holdings, Corp., the ninth largest insurance broker in the nation in a transaction valued at $1.4 billion. The Lerach Coughlin firm filed an action on behalf of a shareholder in the New York Supreme Court for Westchester County and sought a preliminary injunction blocking the shareholder vote. The plaintiff alleged that the Company's directors had breached their fiduciary duties in approving the sale and describing the transaction in the proxy statement. In a lengthy decision, the Court held that the plaintiff had failed to satisfy any of the requirements for an injunction: the plaintiff did not face a risk of irreparable harm, the balance of the equities weighed against an injunction, and the plaintiff had not established a likelihood of success on the merits. USI's shareholders subsequently approved the sale.

The Simpson Thacher team consisted of Michael Chepiga, David Elbaum, Bill Regan, Charlie Divine and Jason Friedman. The firm is also representing Goldman Sachs in arranging the financing for the transaction.

04-09-2007

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Simpson, Thacher & Bartlett, LLP

Simpson Thacher Defeats Motion to Enjoin Stockholder Vote on Toronto Dominion's Merger with TD Banknorth
Vice Chancellor Stephen P. Lamb of the Court of Chancery of the State of Delaware issued a ruling from the bench denying motions by proposed intervenors to a purported class action. Plaintiffs brought the action on behalf of the shareholders of TD Banknorth, Inc. ("TD Banknorth") after the announcement that TD Banknorth had entered into a merger agreement with The Toronto-Dominion Bank ("TDBFG"), represented by Simpson Thacher. The proposed intervenors sought to be appointed lead plaintiffs in the action, take discovery on an expedited basis, and obtain a preliminary injunction preventing the shareholder vote on the proposed merger, scheduled for next month.

Plaintiffs filed six suits in Delaware, where TD Banknorth is incorporated, on November 20, 2006, and lead counsel was appointed. The proposed intervenors, represented by the Lerach firm, filed a suit approximately two weeks later in the state of Maine, where TD Banknorth's headquarters are located. After taking expedited discovery in Maine, including 11 depositions and the production of 9,000 pages of documents in less than one month, the proposed intervenors offered to stay their action in Maine on the eve of a hearing at which their claims may have been dismissed.

Two weeks after requesting the stay in Maine, the proposed intervenors sought to enter the Delaware action to replace Plaintiffs' lead counsel, have their complaint become the operative complaint in the case, obtain additional expedited discovery, and enjoin the shareholders' meeting. The proposed intervenors challenged the adequacy of disclosure made in TD Banknorth's proxy, as well as the adequacy of plaintiffs' counsel in light of the settlement agreement executed among plaintiffs, TD Banknorth, and TDBFG. Vice Chancellor Lamb held that all of the proposed intervenors' motions should be denied based on the intervenors' decision to pursue their claims in Maine and delay appearing in Delaware.

The STB litigation team consisted of Michael Chepiga, Lynn Neuner, Paul Gluckow, Elaine Divelbliss, Dan Tabak, Ronnell Wilson, Sarah Dunn, Sarah Davis, Leah Threatte, Jordan Ast, Patrick Smith and Candace Clinton. Lee Meyerson, Ellen Patterson, and Irina Petrova provided invaluable assistance from the Corporate Department.

04-09-2007

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Shearman & Sterling LLP

Panama Canal Authority Selects Shearman & Sterling as Legal Advisor
Shearman & Sterling has been chosen as the Panama Canal Authority's (ACP) international legal advisor for its expansion financing needs. The firm will work with the ACP and its financial advisor to determine the most advantageous financing options for the ACP. The ACP is the autonomous agency of the Government of Panama in charge of managing, operating and maintaining the Panama Canal.

"Shearman & Sterling distinguishes itself as a market leader in infrastructure financing," said ACP Engineering and Programs Management Director Jorge Quijano. "Shearman & Sterling's project development and finance group enjoys a strong global reputation, especially in Latin America."

Panamanians voted on October 22, 2006, to expand the Canal. The Expansion Program will create a third lane for transiting vessels and includes the construction of a new set of locks, which will double Canal capacity and allow for the passage of larger ships.

04-09-2007

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Shearman & Sterling LLP

Former Department of Justice Assistant Chief of Fraud Section Rejoins Shearman & Sterling
Philip Urofsky, former Assistant Chief of the Criminal Division’s Fraud Section in the US Department of Justice, has rejoined Shearman & Sterling LLP as a partner in the firm’s Washington, DC office. Mr. Urofsky will practice in the Litigation Group, with a focus on white collar crime and regulatory matters, particularly Foreign Corrupt Practices Act issues.

Stuart Baskin, head of the firm’s Litigation Group, stated: "We are pleased to add another talented and accomplished attorney to our Criminal Law, Regulation and Enforcement Practice. Philip’s arrival further strengthens our global network of attorneys that includes many former prosecutors and regulators who have represented clients before major government investigating agencies.”

Danforth Newcomb, a leading FCPA partner at the firm, said: “During Philip’s 12 years of broad experience at the Department of Justice, he gained the distinction of having tried more FCPA matters than any other Justice attorney, appearing many times before the federal Courts of Appeal. He was also a principal drafter of the Department’s original guidelines on the prosecution of business organizations. His presence in our Washington office will further expand our firm’s global FCPA practice.”

Mr. Urofsky earned both his B.A., with highest distinction, and J.D. from the University of Virginia, where he was a member of the Virginia Law Review and was elected to the Order of the Coif. Upon completion of law school, Mr. Urofsky clerked for the Hon. James M. Sprouse of the United States Court of Appeals for the Fourth Circuit. He was an associate at Shearman & Sterling in the early 1990s and returns to the firm from two years at the Washington office of Cadwalader, Wickersham & Taft LLP.

04-09-2007

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Morgan Lewis & Bockius LLP

ERISA Litigator Gregory Braden Joins D.C. Office of Morgan Lewis
Morgan Lewis is pleased to announce that Gregory C. Braden has joined the firm's Labor and Employment Practice. As a partner in the firm's Washington, D.C. office, Mr. Braden will focus his practice on ERISA litigation as well as employee benefits issues, including employee stock ownership plan (ESOP) transactions.

The arrival of Mr. Braden, known as one of the nation's preeminent ERISA practitioners, follows that of Edward Cerasia, another ERISA-focused Labor and Employment partner, in the firm's New York office.

"Greg's addition continues our significant investment in the broadening area of ERISA litigation, and further positions Morgan Lewis to provide unmatched expertise and depth to our corporate clients in this evolving area of employment law," said Steven R. Wall, Practice Group Leader of the Labor and Employment Practice at Morgan Lewis.

Ranked among the best lawyers nationally in Chambers USA, Mr. Braden has represented defendants in several major class action lawsuits, including 401(k) plan employer stock claims, a 401(k) plan "proprietary" mutual fund case, reductions in retiree medical coverage, severance pay plan litigation, and cash balance plan litigation.

Mr. Braden also is listed in The Best Lawyers in America. He has lectured extensively on ERISA litigation topics, giving presentations to the American Bar Association Section of Taxation, the Enrolled Actuaries Convention, the Law Education Institute, the ESOP Association, the State Bar of Georgia, the Southern Employee Benefits Conference, and several other trade and professional organizations. Mr. Braden is an adjunct professor at Emory University Law School.

Mr. Braden is an editor of the ABA's Employee Benefits Law treatise and has authored articles on employee benefits topics appearing in the Benefits Law Journal, the Journal of Compensation Planning and Compliance, and other trade publications.

He earned his J.D., with honors, from the University of Wisconsin Law School in 1982, where he was named to the Order of the Coif and received the Dean's Academic Achievement Award and American Jurisprudence Awards. He earned his B.A., with honors, in mathematical economics from the University of Wisconsin in 1979.

04-09-2007

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