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Law Firm News

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Perkins Coie LLP

Former Assistant U.S. Attorney Patrick Collins Joins Perkins Coie
Perkins Coie announced today that Patrick M. Collins will join its Chicago office as a partner later this month. Collins, who will join the firm after 12 years with the U.S. Attorney's Office, will focus his practice on corporate investigations and complex commercial litigation.

As an assistant U.S. Attorney, Collins has conducted, directed and supervised several major fraud and corruption investigations. Considered one of the highest profile attorneys in Chicago, he has tried 20 federal criminal cases, serving as first chair in 16 of them.

Most recently, Collins was the lead prosecutor for the Operation Safe Road investigation into corruption in the Secretary of State's office which culminated in the trial and conviction of former Governor George Ryan.

"We are honored that Patrick has chosen our firm to launch his private practice," said Chris Wilson, Chicago managing partner. "He is an extremely well-respected and highly admired attorney who will be invaluable for building our corporate investigations practice in Chicago and elsewhere."

"Perkins Coie presents the unique opportunity for me to further develop as an attorney," Collins said. "The firm's growing Chicago office, which is now at 65 lawyers, is dedicated to making its mark as a law office of the highest caliber. I look forward to helping enhance the firm's impressive litigation capabilities and its commitment to the highest ethical standards."

"As an experienced trial lawyer and investigator, Patrick will have the opportunity to assist clients with internal investigations, provide advisory and regulatory advice and services, and try high-impact and otherwise complex cases," said Wilson.

Collins received his undergraduate degree, magna cum laude, in economics from Notre Dame University, where he was also Phi Beta Kappa. He worked for two years as an analyst for First Boston before attending the University of Chicago Law School, where he earned his law degree. Collins also founded Horizons for Youth, a not-for-profit organization that provides scholarships and mentoring to financially disadvantaged children. Collins plans to continue his commitment to community service with Perkins Coie.

"Perkins Coie has a strong commitment to pro bono work and to the communities in which it maintains offices. I anticipate being an active participant in the firm's Chicago pro bono and community efforts," he said.

03-01-2007

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Thompson & Knight LLP

T&K Launches Energy Consulting Company
The law firm of Thompson & Knight LLP has announced the formation of a subsidiary company that will provide energy consulting services to the international marketplace. Thompson & Knight Global Energy Services, LLC will offer a wide range of specialized services to the energy industry including the identification and assessment of exploration and production investment opportunities, asset evaluations, portfolio optimization, and risk mitigation.

The company will be based in Houston and led by Renato T. Bertani, the former president of Petrobras America Inc. Mr. Bertani has held a number of senior-level positions during his 30-year career with the Brazilian-owned energy conglomerate. Most recently he has been responsible for an aggressive series of initiatives by Petrobras to explore and develop new production capabilities in the Gulf of Mexico, as well as the company's acquisition and planned expansion of a major refinery in Pasadena, Texas.

"We are very pleased to establish this new business that reinforces our longstanding commitment to helping our clients with their strategic issues," says Pete Riley, managing partner of Thompson & Knight. "At Thompson & Knight we currently represent nearly half of the world's largest publicly traded energy companies and a host of oil and gas firms and related entities. This move further expands and differentiates our services and our position in the global energy industry," he says.

Initially the company's portfolio of commercial and economic consulting services will be preferentially offered to existing Thompson & Knight clients, according to Mr. Bertani. "We believe there is great interest among the firm's clients in leveraging complementary and integrated services, particularly given the growth perspectives of the energy industry," he says. Mr. Bertani anticipates that services will gradually expand to new customers, provided there are no competitive conflicts.

Mr. Riley believes Thompson & Knight is the first U.S. law firm to have an ancillary business focused on global energy consulting. Surveys indicate that these separate endeavors are growing steadily in popularity as law firms seek complementary services for their clients, but it is unclear exactly how many ancillary businesses are owned by law firms. A 2003 study by Hildebrandt International found that 95 of the nation's largest law firms were operating approximately 140 ancillary businesses, primarily in the fields of information technology, investment management, and public affairs.

03-01-2007

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Shearman & Sterling LLP

Jessup Atlantic Regional Competition Starts Tomorrow at Shearman & Sterling
Law students from 16 schools will gather tomorrow at Shearman & Sterling’s New York office to compete in the U.S. Atlantic Regional Round of The Philip C. Jessup International Law Moot Court Competition. The Atlantic Round is one of 11 Regional Rounds that determine which U.S. teams will go on to compete in The Shearman & Sterling International Rounds in Washington, D.C. on March 25-31, 2007.

Several countries, including Burundi and Cambodia, are participating in the Jessup Competition for the first time, while a number of past participants have significantly increased the number of schools involved. Every year, over 2,000 students from six continents take part in the competition. The winner of these final rounds in Washington, D.C. will take home The Shearman & Sterling Jessup Cup.

03-01-2007

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Seyfarth Shaw LLP

Charles Riecke Published in American Bankruptcy Institute Update
Supreme Court Recognizes 'Bad Faith' Exception to the § 706 (a) Conversion Right, and the Breadth of Bankruptcy Courts § 105 (a) and Inherent Powers" by Charles in the February 27, 2007 issue of American Bankruptcy Institute Update states: "In its recently-announced 5-4 decision, Marrama v. Citizens Bank of Massachusetts, __S. Ct. __, 2007 WL 517340 (Feb. 21, 2007), the Supreme Court issued a blow to dishonest debtors while at the same time adding an arrow to the quivers of not only chapter 7 trustees but bankruptcy courts everywhere, by recognizing a “bad faith” exception to a chapter 7 debtor’s once-thought “absolute right” to convert his or her case to chapter 13 (or 11 or 12). The right stems from §706 of the Bankruptcy Code, which provides that “[t]he debtor may convert a case under this chapter to a case under chapter 11, 12 or 13 of this title at any time, if the case has not been converted under §1112, 1208 or 1307 of this title. Any waiver of the right to convert a case under this subsection is unenforceable.” 11 U.S.C. §706(a). However, the right is limited by the following: “Notwithstanding any other provision of [§706], a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter. Previously, many courts held a debtor’s right under §706(a) to be inviolate, with sometimes ridiculous and burdensome results. While [the debtor’s] actions do not justify an equitable override of his ‘one-time absolute right’ to convert the case under §706(a), they do justify the bankruptcy court’s sua sponte consideration of whether immediate reconversion…is appropriate.”

The Supreme Court recognized that it was faced with just such a prospect in Marrama when it (1) noted that “some courts have suggested that even a bad-faith debtor has an absolute right to convert to at least one chapter 7 proceeding into a chapter 13 case, even though the case will thereafter be dismissed or immediately returned to chapter 7,” and (2) phrased the issue before it as “whether the Code mandates that procedural anomaly.” Under the case facts, the debtor scheduled his residence, which was his primary asset, as having no value, and “denied that he had transferred any property other than in the ordinary course of business during the year preceding the filing of his petition,” with “[n]either statement [being] true.” On further appeal, the Supreme Court “conclude[d] that the courts in this case correctly held that Marrama forfeited his right to proceed under chapter 13.” The decision marks a victory for chapter 7 trustees and the bankruptcy estates they represent because it prevents the waste to an estate, and the administrative waste in courts, that was attendant to those chapter 7 cases in which conversions only resulted in reconversion back to chapter 7—a process that both terminated the service of “any trustee…serving in the case before such conversion,” 11 U.S.C. §348(e), and then caused the reappointment of a chapter 7 trustee. The decision also marks a victory for bankruptcy courts in that the Supreme Court’s decision not only provides a broad reading of their §105(a) powers, but also appears to extend that interpretive breadth to their “inherent powers” as well.

03-01-2007

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Seyfarth Shaw LLP

Joel Rubin Published in Pension Real Estate Association Quarterly
Joel's article, "Taxability of Rental Income from Parking: Update" in the Winter 2007 issue of Pension Real Estate Association Quarterly notes "It is time to revisit the Internal Revenue Service's position on the taxability of exempt organization's income from parking." In 1990, the IRS stated the receipt of income from the direct operation of a parking lot by an exempt organization never produces "rent" ... on the other hand, the receipt of revenue from the lease of a parking lot by an exempt organization to a third-party operator may constitute "rent" depending on the type of services provided to the third-party lessee in connection with the lease. "As the operation of parking lots or structures have become more sophisticated and machines and music have displace human operators, the focus has been whether the facility is open to the public, money is collected on the spot for hourly or daily use, and some services are provided for the benefit of the patrons.

03-01-2007

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Miller, Canfield, Paddock & Stone, P.L.C.

Corporate Attorneys Join Miller Canfield
Miller Canfield announces that leading corporate attorneys John M. Sommerdyke and Jeffrey G. York have joined the firm as members of the Corporate & Securities Group. Together they bring 35 years of corporate law experience to the firm. Both will reside in the Grand Rapids office and will lead the firm’s corporate practice in the Grand Rapids area business community.

Sommerdyke focuses his practice on mergers and acquisitions, as well as a wide range of finance-related transactions involving traditional bank debt, mezzanine, angel and private equity/venture capital transactions. With the addition of Sommerdyke, who has an excellent reputation and substantial experience in representing start-up venture and technology companies, Miller Canfield’s venture and technology practice now includes top practitioners throughout Michigan including Kalamazoo, Ann Arbor, Oakland County and Detroit.

For nearly 20 years, York has practiced corporate law and is a leader in the areas of mergers and acquisitions, manufacturing, construction, real estate, as well as representing entrepreneurs. Miller Canfield’s known expertise in corporate law, especially in the areas of international law, securities regulation and M&A, provides York with a global platform to expand his current growing practice and from which to better serve his clients and the business community.

“We expect Grand Rapids to increasingly play a vital role in diversifying Michigan’s economy,” said Richard A. Gaffin, a managing director in Miller Canfield’s Grand Rapids office. “As local leaders in the areas of private equity, venture capital, real estate and M&A work, John and Jeff bring tremendous experience to our expanding corporate, venture, and securities practices and position us to continue to help start-ups and established businesses compete in this ever-changing global marketplace.”

Sommerdyke received his J.D. from the University of Michigan Law School and his undergraduate degree in business administration, with high honors, from the University of Notre Dame. He is involved in several organizations including the Grand Rapids Chamber of Commerce and United Way. He resides in Grand Rapids.

York received his J.D., magna cum laude, from Indiana University School of
Law-Bloomington. He received his M.B.A., magna cum laude, from Indiana University School of Business-Bloomington, and his B.A., cum laude, from Alma College. He is a member of the city of Walker Building Authority and is a basketball coach at Kenowa Hills High School. He resides in Walker, Mich.

Both are members of the State Bar of Michigan and Grand Rapids Bar Association.

03-01-2007

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Kaye Scholer LLP

Daniel R. Alonso Testifies at State Senate Judicial Diversity Forum
Daniel R. Alonso, partner in Kaye Scholer's White Collar Litigation and Internal Investigations Group, testified on behalf of the New York Hispanic Bar Task Force on Judicial Selection at the New York State Senate Minority's Judicial Diversity Forum at Fordham University Law School on March 1, 2007. The mission of the Task Force, which Mr. Alonso Chairs, is to study the problem of judicial selection in New York in the wake of the López Torres decision, with a special focus on the selection of Justices of the Supreme Court. The Task Force issued recommendations on
January 18, 2007.

03-01-2007

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