Law Firm News

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Latham & Watkins

ACCOMPLISHED COMPETITION PARTNERS JOIN LATHAM IN BRUSSELS
Latham & Watkins is pleased to announce the arrival of Howard Rosenblatt and Bruno Lebrun, two highly regarded competition partners, to its Brussels office. Both partners bring strong expertise in advising EU and US corporations on cartel defense and merger investigations, in addition to further enhancing the firm's EU law and broader litigation capabilities.

Rosenblatt and Lebrun join from Howrey LLP. Rosenblatt is a highly respected competition practitioner in Brussels, with expertise in both US and EU competition law. He practices regularly before the European Commission, the US Federal Trade Commission and the US Department of Justice in cartel and merger investigations. His practice also includes representing parties in proposed transatlantic joint ventures and all other business practices implicating the competition rules.

Lebrun has extensive experience in the cartel and merger arenas, where he represents European and US clients before the European Commission and national competition agencies. His practice also includes competition-related issues faced by technology industries and intellectual property owners.

The arrival of Rosenblatt and Lebrun takes Latham's Antitrust and Competition Practice Group in Brussels to 17 lawyers, including seven partners, who advise major national and multinational companies on issues arising from merger control, antitrust enforcement and state aid control.

"We have made great progress in building a substantial competition practice in Europe over the past five years. Howard and Bruno have distinguished reputations at the European competition bar, especially in the areas of international cartel investigations and merger control," said Andreas Weitbrecht, Managing Partner of the Brussels Office. "Moreover, Howard's extensive transatlantic experience will be an important strategic fit for our practice, and will complement our European expertise on what are increasingly internationalized competition issues."

"The arrival of these two practitioners adds further depth to our European Antitrust and Competition Practice Group. Strength in the competition area is vital to the successful development of our M&A and general litigation practices and the arrival of Howard and Bruno will further enhance our significant capability in this area. They are highly entrepreneurial and client-service oriented, and their arrival will increase our business base and our depth in the European competition arena," said David Mulliken, Chair of the European Litigation Department.

Howard Rosenblatt commented: "Latham is among the global elite of antitrust and competition practices. The firm's strong international platform, its culture of team-work and its commitment to expanding one of the most prominent competition groups in Europe are very attractive qualities for us. We are excited to join the team and be part of the firm's continued success in Europe."

Rosenblatt joined Howrey LLP in its Washington, D.C. office in 1993, moving to its Brussels office in 2004. Prior to this, he worked for Arnold & Porter in Washington, D.C. Rosenblatt graduated from Vanderbilt University in 1982 and obtained a joint law and masters degree in 1986 from Duke University. Rosenblatt is listed in Global Competition Review's Who's Who of Competition Lawyers and the Chambers Global Guide names him as one of Brussels' leading competition lawyers.

Lebrun joined Howrey LLP in 2002, and was elected as a partner in 2004. Before joining Howrey, Lebrun practiced in Paris for three years, and then in Brussels with Freshfields and Norton Rose. Lebrun graduated from the University of Louvain-la-Neuve in 1992 and obtained a Master in European Law at the Institut d'Etudes européennes (Université Libre de Bruxelles) in 1993. He is listed as a leading individual in the Brussels competition bar in the Chambers Global Guide.

02-08-2007

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King & Spalding

King & Spalding Is First In The Nation For Its Health Law Practice, According To New Rankings By American Health Lawyers Association
American Health Lawyers Association has ranked King & Spalding as one of the largest health law practices in the United States, based on the number of the firm’s lawyers who are members of the association. The AHLA’s fourth annual list of healthcare “legal heavyweights” was published in the February 5, 2007, issue of Modern Healthcare magazine.

King & Spalding, with 129 health industry practitioners, tied for the No. 1 spot. The firm is the only 2006 AmLaw 100 firm among the survey’s top five healthcare law firms. King & Spalding is the 38th largest law firm in the United States, according to the 2006 AmLaw 100.

King & Spalding’s healthcare practice serves a wide variety of healthcare industry companies, including providers, payors, distributors and pharmaceutical and medical device manufacturers, and provides clients with a full range of litigation, transactional, healthcare regulatory compliance and FDA representation. The firm has sponsored an annual forum on health law and policy for the past 16 years. In 2005 and 2006, Chambers USA included King & Spalding in its prestigious listing of leading firms serving the industry, citing its healthcare, pharmaceutical and medical products regulatory practices.

02-08-2007

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Freshfields Bruckhaus Deringer

Launch of BH Macro Limited
Brevan Howard today announced the launch of an offering to raise approximately €1bn by BH Macro Limited, a newly incorporated Guernsey investment company, which it is proposed to list on the main market of the London Stock Exchange. BH Macro Limited will be a feeder fund for the Brevan Howard Master Fund Limited, a $11.33bn hedge fund managed by Brevan Howard.

BH Macro Limited will be the first feeder fund for a hedge fund to be listed on the main market of the London Stock Exchange.

International law firm Freshfields Bruckhaus Deringer is advising BH Macro Limited in relation to the offer.

The Freshfields team was led by corporate partner Monica McConville and Jonathan Baird, and included senior associate Edward Cole, counsel Stephanie Shepard Cobb, and associates David Barton and Lindsay Toms-Durston.

Monica McConville said: "We are delighted to have had the opportunity to help BH on this deal. This is a first for London and a further groundbreaking development for permanent capital offerings, which over recent years have been an exciting source of work for us.

02-08-2007

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Foster Pepper PLLC

Local Governments Face Important Changes in Tax Reporting Requirements for 2006
Congress enacted the Tax Increase Prevention and Reconciliation Act of 2005. Among other things, the Act requires payors of tax-exempt interest to file information returns with the Internal Revenue Service (the “IRS”) and to furnish corresponding information statements to payees named on the information returns showing the information that is reported to the IRS in the same manner as has been required for payments of taxable interest. The new requirement is intended to assist taxpayers and the IRS in determining a taxpayer’s correct tax liability for the calendar year.

While many local governments have filed IRS Form 1099 in past years, the filing of a Form 1099-INT (or the substitute statement described below) now is mandatory for payments of tax-exempt interest made by or on behalf of local governments during 2006. This includes interest paid on bonds and notes as well as on lease-purchase agreements, conditional sales contracts, lines of credit and other debt instruments. Information returns on Form 1099-INT (or its substitute) must be furnished to the recipient of tax-exempt interest by January 31, 2007, and filed with the IRS by February 28, 2007, if filed on paper, or by March 31, 2007, if filed electronically.

However, under the existing Internal Revenue Code provisions and IRS regulations requiring information reporting for interest payments, where a financial institution, broker or nominee collects interest for a payee, that person is required to comply with the reporting requirement, and no other person is required to comply. Thus, for example, for bonds that are issued in book-entry only form and held in the name of The Depository Trust Company (“DTC”) or its nominee for beneficial owners of the bonds, the interest reporting requirement falls upon DTC and/or the securities firms who are DTC participants (because they are the final disbursing agents for the interest payments), and not upon the bond issuer. Also, for bonds that have been issued in certificated form for which a financial institution serves as trustee or paying agent (e.g., The Bank of New York acting as fiscal agent for issuers in the state of Washington), the reporting requirement falls upon that financial institution, and not upon the bond issuer.

In some cases, the issuer of the bonds or other tax-exempt obligations (or a county treasurer acting as ex officio treasurer of the issuer) itself makes interest payments directly to a payee. The interest reporting requirements will apply to those interest payments unless the payee is an “exempt recipient” for which information returns are not required under IRS regulations. IRS regulations define an “exempt recipient” of interest payments to include corporations, the United States or any federal agency or instrumentality, a State or political subdivision or agency or instrumentality thereof, a tax-exempt organization, banks and other financial institutions, nominees or custodians, and brokers. Therefore, the reporting requirements do not apply to interest payments on a bond privately place with a bank, a bank line of credit, or a loan agreement with the United States or the state of Washington, for example.

However, natural persons are not treated as “exempt recipients.” Therefore, interest payments made by an issuer directly to a natural person on a privately-placed bond (e.g. an obligation sold directly to a sophisticated investor) or on a financing lease, conditional sales contract or real estate contract for the acquisition of property, for example, are subject to the new reporting requirements.

For interest payments made on such obligations in those circumstances, the state or local government payor must report information regarding tax-exempt interest to both the IRS and to payees on either (1) the IRS’s Form 1099-INT, or (2) a substitute statement. If a substitute statement is used, it must include the following information:

* the payor’s name, address and telephone number;
* the payor’s federal employer identification number;
* the payee’s name and address;
* the payee’s taxpayer identification number (TIN), if available;
* the payee’s account number;
* the amount of tax-exempt interest paid on account on non-AMT obligations;
* the amount of tax-exempt AMT interest (i.e. interest paid on account of “private activity bonds” other than qualified 501(c)(3) bonds);
* federal income tax withheld (which should be $0 for 2006, but may be more in other years); and
* a statement that “the amount of tax-exempt interest paid in 2006 must be reported on the applicable Form 1040, U.S. Individual Income Tax Return, for 2006 and that the amount of tax-exempt AMT interest paid in 2006 must be taken into account in computing the alternative minimum tax reported on Form 1040 for 2006.”

States and local governments are required by the Act to retain records sufficient to show the amounts reported to payees on the substitute statements. Additional information regarding this new reporting requirement for tax-exempt interest may be found in IRS Notice 2006-93 on the IRS website.

02-08-2007

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Fenwick & West, LLP

Gordon Davidson Makes Forbes Magazine's "Midas List" Once More
Fenwick & West Chairman Gordon Davidson has once again been named by Forbes Magazine to its "Midas List" as one of the Top 100 dealmakers in technology and life sciences. Mr. Davidson has been included in every Midas List since it began in 2001 and continued in 2004-2007. He is one of only three attorneys on the list, and the only attorney who ranked higher this year than last, ranking #45 this year.

According to Forbes, the Midas List honors individuals who deploy venture capital to create wealth for their investors and build valuable, long-lasting companies. They rely on extensive reporting and surveys sent to thousands of professionals, including angel investors, bankers, lawyers and venture capitalists to calculate their results. Forbes described Mr. Davidson’s practice for this year's list as follows:

GORDON DAVIDSON
#45, Lawyer, Fenwick & West
2006 Rank: 50

Engineer-turned-lawyer advises tech firms ranging from startups to the likes of Cisco Systems. Also counsels VC firms Kleiner Perkins Caufield & Byers and Sequoia. Lead counsel on mergers and acquisitions worth $50 billion, including the 2006 sales of Pathscale to QLogic and Good Technology to Motorola.

In addition to his renewed status on Forbes "Midas List," Mr. Davidson's list of recognitions include being ranked by the National Law Journal in 2000 and 2006 as one of the 100 Most Influential Lawyers in America, by Upside Magazine in October 2001 as one of "100 People Who Changed Our World," by California Lawyer Magazine in August 2004 as one of the ten best corporate lawyers in California, by San Francisco Magazine in August 2004 as one of the ten best lawyers in Northern California, and by Chambers USA in its first tier of Corporate/M&A attorneys in the U.S. He is one of only two lawyers in the United States to be named by BTI Consulting to its "All Star Team" for each of the last five years for outstanding client service based on a survey of Fortune 1000 companies.

02-08-2007

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Curtis, Mallet-Prevost, Colt & Mosle, LLP

Curtis Frankfurt Partner Dr. Ronald Moeder presented on the topic of Corporate Governance at an MBA Program during the 2006/2007 winter semester seminar at Heilbronn University in Germany
Curtis Frankfurt partner Dr. Ronald Moeder presented on the topic of Corporate Governance at an MBA Program during the 2006/2007 winter semester seminar at Heilbronn University in Germany. Topics Dr. Moeder discussed included, “What is Corporate Governance,” “Principles of Corporate Governance,” “Corporate Governance in Practice,” and “Topics for Seminar Theses.

02-08-2007

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Curtis, Mallet-Prevost, Colt & Mosle, LLP

Curtis Mexico Associate Mauricio Foeth’s article “Legal Obligations of Mexican Companies - Or How to Avoid Common Pitfalls” has been published in the January 31, 2007 issue of the North American Free Trade and Investment Report
Curtis Mexico associate Mauricio Foeth’s article “Legal Obligations of Mexican Companies - Or How to Avoid Common Pitfalls” has been published in the January 31, 2007 issue of the North American Free Trade and Investment Report, a biweekly report on legal and financial issues affecting direct investment and cross-border trade in Mexico, the U.S. and Canada.

02-08-2007

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