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O'Melveny & Myers, LLP

O'MELVENY & MYERS VICTORIOUS IN LANDMARK NEW YORK ANTITRUST CLASS ACTION CASE
In an important victory for client Chemtura Corporation (formerly Crompton Corp.) and the antitrust defense bar, O'Melveny & Myers LLP persuaded the New York Court of Appeals — New York's highest court — to hold that the state's antitrust law (known as the Donnelly Act) does not authorize class action law suits. New York has a unique class action procedural rule that prohibits class actions to recover a penalty unless the statute authorizing the penalty specifically authorizes class actions.

In Sperry v. Crompton Corp. (decided February 22, 2007), a closely watched appeal, the Court of Appeals held that the procedural rule (CPLR 901(b)) barred class actions under the Donnelly Act because a treble-damages antitrust action is an action to recover a "penalty" and the Donnelly Act does not specifically authorize class actions. The Court of Appeals further held that plaintiffs like Sperry (an indirect purchaser of products not even made by defendants) who have only an attenuated relationship to defendants may not bring unjust enrichment claims nor use unjust enrichment claims to circumvent the legislative bar on antitrust class actions. The reasoning of the Court of Appeals closely tracks the arguments set forth in O'Melveny's appellate brief. The Global Competition Review referred to the decision as a "landmark." The United States Chamber of Commerce filed an amicus brief in support of the Respondent/Defendants and the New York Attorney General, the American Antitrust Institute, and the American Association of Retired Persons (AARP) filed amicus briefs on behalf of the Petitioner/Plaintiff.

The O'Melveny & Myers team included Ian Simmons (who argued the case), Jon Hacker, Ben Bradshaw, Mark Davies, Matthew Cosgrove, Nilam Sanghvi, and Rahul Agarwal. Lawyers from Jones Day and Gibson Dunn & Crutcher acted as co-counsel.

02-27-2007

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Cozen O' Connor

Cozen O’Connor Member Camille M. Miller Chosen to Chair Intellectual Property Practice Group
Cozen O’Connor announced today that Camille M. Miller, a member in the firm’s Philadelphia office, has been named chair of the intellectual property practice group. The intellectual property practice is a fully integrated group offering protection, enforcement and litigation strategies for critical intellectual rights issues, including patents, trademark, trade names, domain names, service marks, trade dress, copyrights, trade secrets, rights of publicity and privacy, licensing and franchising.

“We have the highest regard for Camille’s legal expertise and leadership abilities,” said Patrick J. O’Connor, President and CEO of Cozen O’Connor. “We are confident that, with her guidance and direction, the intellectual property practice will continue to grow and thrive.”

Miller, formerly co-chair of the group, assumes full leadership of the intellectual property practice as four attorneys within the group have announced their departure effective February 28, 2006. According to Michael J. Heller, head of Cozen O'Connor's Business Law department, "This is the right move at the right time for all concerned. While we wish the others well, we are excited to expand our IP group and, under Camille's leadership, we look forward to bringing in bright, new talent in all areas of intellectual property law."

Miller practices in all aspects of intellectual property, specifically trademark, trade dress, copyright, unfair competition, right of privacy, right of publicity, domain names, counterfeiting, licensing, trade secret and franchising law, as well as all areas of intellectual property litigation. Prior to joining Cozen O’Connor, Miller was a partner with a Philadelphia IP boutique firm, specializing in all aspects of intellectual property law and litigation.

A member of the Pennsylvania and American Bar Associations, Miller is also a member of the International Trademark Association, the Philadelphia Intellectual Property Law Association, the Copyright Society of the U.S.A., and the Intellectual Property Organization. In addition, she is a member of the National Women’s Association and the Ben Franklin Inn of Court.

An author and speaker on intellectual property topics for a variety of legal associations, Miller has been named as one of the Women to Watch from Main Line Today, a Lawyer on the Fast Track by the Legal Intelligencer and Pennsylvania Law Weekly, a Pennsylvania “Super Lawyer,” and an up and coming intellectual property lawyer by Chambers USA.

Miller earned her undergraduate degree from Franklin & Marshall College (B.A., 1987) and her law degree from Chicago-Kent College of Law (J.D., 1991). She is admitted to practice in Pennsylvania and Illinois, as well as before the United States District Courts for the Eastern District of Pennsylvania and Northern District of Illinois, and also before the United States Court of Appeals for the Federal, Third, Fourth and Seventh Circuits.

02-27-2007

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Baker & Hostetler, L.L.P.

Baker Hostetler Expands West Coast Presence
Baker Hostetler is pleased to announce a significant enhancement to its strength, size and depth in Los Angeles with the addition of 19 lawyers associated with the Los Angeles office of Jenkens & Gilchrist. Effective March 1, 2007, Baker Hostetler’s Los Angeles presence will nearly double in size to 42 lawyers, enabling the firm to provide expanded legal services to clients throughout the region and nationwide.

"Our new lawyers will build on the firm’s current strengths and add new capabilities in our business, employment, intellectual property and environmental practices," said Steve Kestner, Executive Partner of Baker Hostetler. "Our practices fit together extremely well, as do our cultures, and we’ve significantly broadened and deepened the services we can provide to our clients in the Los Angeles area."

The firm now has 54 lawyers in Southern California practicing in all major areas of law. This announcement comes on the heels of the firm’s Houston office also having added four attorneys from Jenkens & Gilchrist in Texas. The firm now has more than 620 lawyers in 10 cities coast-to-coast., with international affiliates in Mexico and Brazil.

Dave Sampson, Managing Partner of Baker Hostetler’s Los Angeles office, said, "It’s a win for our current team, a win for the team joining us and, most important, a win for our clients. We are bringing together two extremely talented groups of lawyers who understand client needs in today’s competitive market."

John Cermak, who served as Managing Partner of the Jenkens & Gilchrist Los Angeles office, sees the move as an opportunity for clients, and also for the lawyers involved. "It’s a natural fit for all of us, and we’re all excited about the opportunity to work together. Our first priority in the decision-making process was client service. Without question our combined resources will take our capabilities to the next level," he said. "Our next priority was our people and the compatibility of our firm cultures. From the beginning of our discussions we have felt at home with Baker Hostetler.

02-27-2007

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Davis Polk & Wardwell

Davis Polk Team Drafts Blueprint for Modern Court System in New York State
New York State Chief Judge Judith S. Kaye asked DPW litigation partner Carey Dunne to chair the Special Commission on the Future of the New York State Courts, a body that she created to recommend reforms to the New York State court system. It is a little known fact that, despite its status as a capitol of finance, culture and the arts, New York State has the most Byzantine court structure in the country, including a system of 11 jurisdictionally distinct trial courts, which create confusion for even the most experienced state litigators. In her 2006 State of the Judiciary address, Chief Judge Kaye said, “The Commission will be asked to look at systems across the nation for ideas, and to prepare a court structure that is free of barriers that force the unnecessary fragmentation of cases, that is user-friendly, has the benefits of both specialization and simplicity, and that is accessible to all New Yorkers.”

The Commission is comprised of 30 members, including judges, legislators, academics, business leaders and lawyers from around the state. In addition to Carey Dunne as Chair, the Davis Polk team includes associate Elliot Moskowitz, who is Chief Counsel to the Commission, and Rebecca Winters, Sarah McDonald, Josh Plaut, Andrew Schlicter and Heather Ward as Commission Counsel. Legal Assistant Lisa Scovotti and Executive Assistant Barbara Purdy also provide critical support.

In the seven months following the establishment of the Commission, the team studied the voluminous record of past court reform efforts in New York; gathered and analyzed data on court filings and productivity; conducted a financial analysis of the impact of potential reforms; met with judges, legislators, politicians, business leaders, bar associations and others from around the state; and oversaw the deliberations of the Commission.

In February 2007, the Commission submitted a 170-page report to Chief Judge Kaye, recommending a dramatic restructuring of the courts, in which the state’s various trial courts would be consolidated into a simplified two-tier system. Prior to the submission of the report, Commission members met with Governor Eliot Spitzer, who later announced in his first State of the State address that court restructuring would be one of his highest reform priorities. The team also obtained public support for its proposals from the New York State Bar Association, the New York City Bar Association, the New York County Lawyers Association, the state’s major business lobbying groups, good government groups and other prominent organizations from around the state. It also conducted an extensive financial analysis of the impact of the proposed reforms, which are estimated to save over half a billion dollars per year. Finally, the team drafted the report itself, which includes the text of a proposed Constitutional amendment, which will be needed to implement the recommended reforms.

On February 26, 2007, Chief Judge Kaye publicly released the Commission’s report, in connection with her annual State of the Judiciary address. In the address, she said, “I am grateful to Carey R. Dunne, Esq., of Davis Polk & Wardwell, for taking leadership of that distinguished group of former legislators, academics, practicing lawyers, representatives of the business community, and fourteen current and former judges, including former members of the Court of Appeals. In barely seven months, they have produced a truly remarkable document that I hope finally will trigger the reform every Chief Judge in modern times has advocated.”

The Commission’s proposals are now in the hands of new Governor Spitzer, who has publicly committed to submit to the Legislature the constitutional amendment drafted by the Commission. In the meantime, the work of the Commission will continue: In early February, Chief Judge Kaye asked the Commission to extend its term to conduct a study of the state’s system of local Town and Village courts, which have recently been the subject of much controversy in the press. The team's report on those courts is expected in the fall of 2007. A link to the Commission’s restructuring report can be found at http://www.courts.state.ny.us/reports/courtsys-4future_2007.pdf (text of report) and http://www.courts.state.ny.us/reports/courtsys-4future_append2007.pdf (appendices).

02-27-2007

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Davis Polk & Wardwell

Davis Polk Advises Digicel Group Limited on Its High-Yield Notes Offering and Share Purchase Offering
Davis Polk & Wardwell advised Digicel Group Limited in connection with its Rule 144A/Regulation S offering of $1 billion 8-7/8% senior notes due 2015 and $400 million 9-1/8%/9-7/8% senior toggle notes due 2015. The transaction is the largest bond offering ever completed by a company in the Caribbean region.

Concurrent with the high-yield offering, Digicel Group Limited offered to purchase 100% of the outstanding shares of its subsidiary, Digicel Limited, in exchange for cash. Digicel Group Limited used the proceeds of the high-yield offering to purchase 100% of the outstanding shares of Digicel Limited.

Digicel is the fastest growing provider of wireless communications services in the Caribbean region. It currently operates wireless services in 22 markets with an aggregate population of over 22 million.

The Davis Polk corporate team included partners Joseph P. Hadley, Michael Kaplan and John J. McCarthy Jr. and associates Ajay Lele, Jean Weng, Joanna A. McGinley (not yet admitted) and Jeremy M. Schwartz (not yet admitted). Partner Kathleen L. Ferrell and associates Mitchell A. Kent and Catherine Paskoff Chang provided tax advice. Danielle Y. Eswar was the legal assistant for the transaction. All members of the Davis Polk team work in the New York office.

02-27-2007

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Davis Polk & Wardwell

Windstream High-Yield Debt Offering and Senior Credit Facility Amendment
Davis Polk & Wardwell advised Merrill Lynch as sole bookrunner on a Rule 144A/Regulation S offering of $500 million 7% senior notes due 2019 by Windstream.

Davis Polk also advised J.P. Morgan Securities Inc. as lead arranger for an amendment and restatement of Windstream's $2.8 billion senior credit facility. The proceeds from the notes offering were used to refinance and pay down certain of Windstream's term loans under the credit facility.

Based in Little Rock, Arkansas, Windstream is the largest rural telecommunications carrier in the United States and the second-largest non-regional Bell operating company in the country, based on its over 3 million access lines across 16 states. Windstream was formed in July 2006 through a merger of the former wireline assets of Alltel Corporation with and into Valor Communications Group.

The Davis Polk capital markets team included partner Michael Kaplan, associates Albert Cua, Patrick Jackson (not yet admitted) and Tabea Y. Hsi (not yet admitted) and legal assistant Danielle Y. Eswar. The Davis Polk credit team included partner Karin S. Day, associates Ian K. Walker and Justin Goldblatt and legal assistant Jane Pae. Counsel Leslie J. Altus and associates Mitchell A. Kent and Craig A. Phillips provided tax advice. All members of the Davis Polk team work in the New York office.

02-27-2007

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Darby & Darby, PC

Darby & Darby Wins Double Damages, Attorneys’ Fees and Permanent Injunction for Novozymes in Bioethanol Patent Case
Darby & Darby delivered another victory for its client Novozymes A/S, the world’s largest industrial enzyme company. In the damages phase of its patent infringement litigation against competitors Genencor International, Inc., and Enzyme Development Corporation, Darby secured a permanent injunction and 20% royalty for Novozymes, plus recovery of double damages for willful infringement and attorneys fees .

Novozymes sued Genencor (owned by Danisco A/S) to stop the sale of a recombinant alpha-amylase enzyme critical to the production of fuel ethanol. Novozymes’ patented highly thermostable alpha-amylase allowed Novozymes to capture most of the rapidly expanding bioethanol business. The industry depends on alpha-amylases that work under extremely harsh conditions to convert corn to simple starches, an intermediate in fuel ethanol production. Genencor incorporated the same genetic modification into its alpha-amylase product in order to compete in this important alternative fuel market.

In Novozymes A/S v. Genencor International, Inc. and Enzyme Development Corp. 446 F. Supp.2d 297 (D. Del. 2006), Judge Jordan found that Genencor’s product infringed each of the asserted claims of Novozymes’ patent. Genencor unsuccessfully asserted that the Novozymes patent was invalid, unenforceable, and not infringed. Judge Jordan rejected each of Genencor’s defenses and ordered a trial on damages.

After a three day damages trial, the court ordered that a permanent injunction be issued against any future infringing sales of Genencor’s product. The court also ruled that a 20% royalty be paid to Novozymes for Genencor’s past infringing sales in the bioethanol market. Judge Jordan (now sitting by designation as Circuit Judge Jordan) also found that Genencor’s infringement was willful and that its actions made the case exceptional, entitling Novozymes to recover double damages plus interest (amounting to more than $8 million). The Court also ordered Genencor to pay the lion’s share of Novozymes’ attorneys’ fees.

02-27-2007

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