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Kionka Joins Evans & Dixon
Debra A. Kionka has joined the workers’ compensation practice group of Evans & Dixon, L.L.C. as a senior associate.
Kionka is licensed to practice in Illinois. Prior to joining Evans & Dixon, Kionka worked as a workers’ compensation attorney at a firm in Belleville, Illinois.
She received a bachelor’s degree in German, English, and Education from the Southern Illinois University – Edwardsville. She also received her doctorate of law degree from Southern Illinois University - Edwardsville.

02-20-2007

SIRIUS and XM to Merge
Davis Polk is advising J.P. Morgan Securities as financial adviser to XM Satellite Radio in connection with the proposed merger of XM with SIRIUS Satellite Radio. XM, broadcasting live daily from studios in Washington, D.C., New York City, Chicago, the Country Music Hall of Fame in Nashville, Toronto and Montreal, is America's largest satellite radio company. Based in New York, SIRIUS broadcasts over 130 digital-quality channels, including 69 channels of 100% commercial-free music, plus exclusive channels of sports, news, talk, entertainment, traffic, weather and data.

The companies will be combined in a tax-free, all-stock merger of equals with a combined enterprise value of approximately $13 billion, which includes net debt of approximately $1.6 billion. Under the terms of the merger agreement, XM shareholders will receive a fixed exchange ratio of 4.6 shares of SIRIUS common stock for each share of XM they own. XM and SIRIUS shareholders will each own approximately 50% of the combined company. The transaction, which is subject to approval by both companies' shareholders, the satisfaction of customary closing conditions and regulatory review and approvals, is expected to be completed by the end of 2007.

The Davis Polk corporate team includes partner Phillip R. Mills and associate Vijay J. Shroff. Partners Samuel Dimon and Kathleen L. Ferrell are providing tax advice. All members of the Davis Polk team work in the New York office.

02-20-2007

Chapman, Kirk and Kress are Named Shareholders of Dann Pecar Newman & Kleiman
James B. Chapman II, Cynthia M. Kirk, and David E. Kress were named Shareholders of the Indianapolis law firm of Dann Pecar Newman & Kleiman. Their positions as new Shareholders became effective January 1, 2007.

Jim Chapman has practiced law with Dann Pecar Newman & Kleiman since 2004, focusing on the area of general litigation. He graduated magna cum laude from Southern Illinois University School of Law, 1996. Mr. Chapman is admitted to practice in Illinois and Indiana; the United States District Court for the Southern District of Indiana; United States Supreme Court; United States Courts of Appeals for the Fifth, Sixth, Seventh, Eighth, Tenth and Eleventh Circuits; and United States District Court for the Central District of Illinois.

Cindy Kirk has practiced law with Dann Pecar Newman & Kleiman since 2001, focusing on the areas of environmental law and commercial litigation. She graduated from Indiana University School of Law, 1997. Ms. Kirk is admitted to practice in the State of Indiana, the United States District Court for Northern & Southern Districts of Indiana, and the United States Seventh Circuit Court of Appeals.

Dave Kress has practiced law with Dann Pecar Newman & Kleiman since 1999, focusing on the areas of employment law and commercial litigation. He is a 2000 graduate of Indiana University School of Law. Mr. Kress is a frequent public speaker and provides training to employers on compliance with the FMLA, FLSA and other employment law subjects. He is admitted to practice in the Southern District of Indiana.

02-20-2007

Cullen and Dykman LLP Expands Labor and Employment Group with the Addition of George M. Buckley and James P. Clark
Cullen and Dykman LLP has expanded its labor and employment practice with the addition of George M. Buckley and James P. Clark, both of whom have become partners based in the firm’s Garden City, New York office. Cullen and Dykman, one of the largest law firms on Long Island, also has two New York City offices as well as offices in New Jersey and Washington, DC.

Previously partners with Bond, Schoeneck and King, both Buckley and Clark have extensive experience representing private and public sector employers in all areas of labor and employment law.

For more than 20 years, Mr. Buckley has counseled employers on labor and employment matters, with a special emphasis on issues concerning healthcare and not-for-profit organizations. He previously served as the Executive Vice President for Corporate and Legal Affairs of Presbyterian Hospital, Columbia-Presbyterian Medical Center, where he directed the Hospital’s human resources, labor relations and legal activities. Prior to that, he was Vice President for Labor Relations for the New York City Transit Authority.

Mr. Clark has advised and counseled employers on a wide range of issues within the labor and employment field throughout his career. In addition, he has represented clients in federal and state court litigation in New York, New Jersey, and Massachusetts, as well as before numerous governmental and administrative agencies. He has also lectured extensively and conducted training on a variety of labor and employment law topics.

Mr. Buckley earned his bachelors degree from Manhattan College, M.B.A. from Long Island University, and law degree from the Fordham University School of Law. He has served as a member of the Board of Directors of McMahon Services for Children and Good Shepherd Services in New York City and as a member of the Board of Directors’ Subcommittee on Personnel Practices of Catholic Charities, Diocese of Rockville Centre, New York. Mr. Buckley has been an Adjunct Professor in New York University’s Stern School of Business since 1995, where he has taught courses in Business Law, Human Resources Management, Organizational Behavior and Professional Responsibility. He is admitted to practice in New York, the U.S. Court for the Eastern District of New York, and the U.S. Supreme Court.

Mr. Clark is a graduate of the University of Scranton and St. John’s University School of Law where he was a member of the Law Review and St. Thomas More Scholar. After earning his law degree, he clerked for the Hon. Fredrick J. Scullin, Jr., United States District Court for the Northern District of New York. Mr. Clark is a member of the Board of Directors of the St. Joseph’s School for the Deaf Children’s Fund in Bronx, New York. He is a member of the New York State Bar Association and admitted to practice in New York, the U.S. Courts of Appeals for the First and Second Circuits, and the Southern, Eastern, Northern, and Western Districts of New York.

02-20-2007

C&T Attorney Speaks at DRI Product Liability Conference
Greg Carboy spoke at the Defense Research Institute's Product Liability Conference, held in New Orleans in February, 2007. He presented the "GARA: Summary Caselaw Update" to the Aviation Specialized Litigation Group.

02-20-2007

Sulzer Speaks at the Pennsylvania Bar Institute on ITC Law and Customs Practice
Stephen L. Sulzer, a partner in the firm’s Intellectual Property Law Group and director of the firm’s ITC practice, has been invited to speak at the Pennsylvania Bar Institute’s Intellectual Property Law Forum on April 17, 2007. Steve will discuss issues concerning post-relief practice before the ITC and the U.S. Customs and Border Protection Service. In recent years, this aspect of ITC and Customs practice has grown in importance as prevailing complainants seek effective means for Customs to identify and exclude imported goods found to be in violation of U.S. intellectual property rights. In addition, respondents who are subject to ITC exclusion orders often wish to design around and avoid the exclusionary scope of the ITC’s relief. Steve will also discuss procedures available at the ITC to modify relief and to obtain advisory opinions concerning product and process re-designs.

02-20-2007

New Forms & Draft Plan
The following forms have been revised and are now available in the Library section of this web site:

Revised Fee Order
Stipulated Order Extending Time to File
Stipulation to Obtain Credit with Order

Also, available on the Attorney Forum page, is a draft of a new Model Plan. Please review the new model plan and send your comments to David Ruskin.

02-20-2007

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