Law Firm News

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Nutter McClennen & Fish LLP

Nutter sponsors MIT Enterprise Forum conference, Brave New Web
Nutter sponsored Brave New Web presented by the MIT Enterprise Forum on February 7. This sold out event featured multiple panels and expert speakers discussing the latest web-based tools, developments and opportunities for revolutionizing business models, discovering virtual worlds and energizing human interaction.

02-07-2007

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Luce, Forward, Hamilton & Scripps, LLP

Luce Forward Partner Darryl Steinhause Elected to Tenant-In-Common Association Board of Directors
Luce Forward Partner Darryl Steinhause, who has long been considered the visionary beyond the modern-day Tenant-In-Common (TIC) syndication model, has been elected to a one year term on the Board of Directors of the Tenant-In-Common Association (TICA).

TICA is the only national trade association representing professionals who are involved in providing Tenant-in-Common investments. The organization is a cooperative effort between TIC professionals to advance the TIC industry with a mission to promote the highest ethical standards for its members, and provide education and information to the entire TIC community. As part of the eleven-member TICA Board, Steinhause will have the ability to aid in shaping the organization’s policies and agenda for instituting best practices for the industry in 2007.

“Darryl is widely recognized as the foremost authority on innovative TIC structures that comply with Internal Revenue Service guidelines, and as such, he is relied upon for his guidance,” said Will Obeid, President of Gemini Real Estate Advisors, LLC and a member or the TICA Board Nominating Committee. “As a member of the Board of Directors, Darryl will now give the larger TIC community what he has always given his clients; innovative thinking, legal integrity, and a great end product for investors.”

Steinhause conceived the legal structure for the first-ever modern TIC syndication transaction just over ten years ago. Today, the TIC model first prepared by Steinhause has expanded into a national industry, with an estimated $5 billion in equity raised in 2006 in TIC-related deals. Through the modern TIC model, small real estate investors have the ability to purchase fractional interests in institutional quality property that is professionally managed which they would be unable to acquire on their own. This model allows investors to take advantage of the tax free exchange rules under IRC Section 1031 by exchanging currently held real estate for their TIC interests. For example, and investor who has previously invested in rental property, through the TIC model, can shift their assets into a larger office building or hotel without a tax liability, and without the trouble of day-to-day property management.

“TICA has established itself as the industry leader and is well positioned to lead the industry through the changes and growth that will occur over the next several years," Steinhause said. "It is a great honor to be able to work with the professionals on the board and contribute to the organization.

02-07-2007

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Torys LLP

While the SEC is in a position to limit the scope of proxy access, it appears that the courts will decide, says Joris Hogan in Financial Post
The standoff between publicly traded corporations and some of their most important shareholders has reached a new pitch in the United States. Four public-sector pension funds recently filed lawsuits against Hewlett-Packard to make it easier for institutional investors to nominate directors.

The fight boils down to who gets a say in who gets a seat at the boardroom table.

Proxy access remains the powder keg that risks blowing open a deep divide between corporations and their most significant shareholders. A faultline is developing over the question of whether companies can exclude from their proxies any proposal that would make it easier for shareholders to get their nominees on the same ballot as management's handpicked choices.

In 2003, after former SEC chairman William Donaldson proposed a proxy-access rule for all publicly traded companies, the commission received over 13,000 comment letters. Many were from business groups saying that the process would be too complicated and the regulator should butt out. The proposed rule, which is described as having been fairly tame with limited access triggers, was dropped in 2005. But it is widely believed that the divide runs deep with five SEC commissioners deadlocked over what to do.

"For the SEC to be unable to adopt a new rule that they proposed nearly four years ago suggests the SEC is now on the sidelines and the courts are going to be deciding," says Joris Hogan.

That's not a development likely to make issuers very happy, says Joris. The SEC is in a position to limit the scope of proxy access.

"I'm sure the SEC's feeling some pressure. The AIGs of the world were mightily troubled when the Second Circuit, one of the most respected in the United States, said it was not going to give judicial deference to the SEC in interpreting its own rule. The SEC, I'm sure, was stunned. I'm sure AIG was stunned. And a lot of people were saying, 'Oh my, now what are we going to do?' Because suddenly the alternative is you accept the shareholders' proposal or you get taken to court.

02-07-2007

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Rutan & Tucker, LLP

IP Group Acts as U.S. Counsel for Applied Intellectual Capital in £20 million British Offering
Applied Intellectual Capital (AIC), which is based in San Francisco, raised £20 million of new funds via placement of 21 million new ordinary shares with a range of institutional investors. AIC develops electrochemical technologies with applications ranging from water purification, mine waste treatment, energy storage, renewable energy and sustainable resources. Robert Fish of Rutan & Tucker's Intellectual Property Group served as the U.S. Counsel for AIC on the transaction.

02-07-2007

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Michael Best & Friedrich, LLP

MICHAEL BEST PARTNER NAMED TO EGIONAL ECONOMIC DEVELOPMENT ENTITY
Attorney William F. White, a partner in the Madison office of Michael Best & Friedrich LLP, has been named to serve on the inaugural board of the Regional Economic Development Entity (REDE). The board is charged with expanding the Wisconsin capital region’s economy while preserving and enhancing the quality of life in the eight-county area.

White is among 19 business and community leaders from throughout the capital region to be named to the board of the newly formed organization.

“It’s a great honor to serve on a board that will have a lasting effect on our community and the State of Wisconsin,” White said.

White’s areas of concentration include real estate development, land use, general corporate and managed health care issues. He is the past chair of the firm's Land and Resources Practice Group and is special counsel on land use issues to towns, villages, cities and counties. He has participated extensively in the development of cooperative plans, boundary agreements, and “smart growth” comprehensive master plans.

02-07-2007

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Loyens & Loeff

Loyens & Loeff organiseert BTW tour door Amsterdam
Loyens & Loeff biedt fiscale studenten een unieke kans om kennis te maken met de dagelijkse praktijk van BTW-recht. Op woensdag 18 april 2007 verzorgt het kantoor onder leiding van René van der Paardt, belastingadviseur en partner bij Loyens & Loeff, een tour door Amsterdam waarbij spraakmakende BTW-rechtzaken op locatie worden toegelicht. De tour is bedoeld voor derde- en vierdejaars studenten die interesse in het BTW-vakgebied hebben.

Het programma begint om 11.00 uur op Amsterdam Centraal Station, waarna de deelnemers per rondvaartboot een aantal locaties aandoen die mede bekend zijn vanwege een BTW-zaak die voor de rechter is gekomen. Zo zal het gezelschap onder andere varen langs een coffeeshop, Yab Yum, het West-Indisch Huis, de Rembrandttoren en de IJ-veren. BTW-advieurs van de Loyens & Loeff-kantoren in Amsterdam, Rotterdam en Eindhoven zullen de studenten begeleiden. De boot legt omstreeks 16.00 uur aan bij Loyens & Loeff Amsterdam voor een borrel en een afsluiting.

René van der Paardt is lid van de praktijkgroep BTW, douane en internationale handel bij Loyens & Loeff. Hij adviseert over BTW en overdrachtsbelasting aan diverse banken, verzekeraars, pensioenfondsen, vastgoedfondsen, projectontwikkelaars, gemeenten en woningcorporaties. Tevens is hij BTW-adviseur van importerende en exporterende ondernemingen. Hij is in 2000 gepromoveerd op het proefschrift ‘Subsidies en BTW in de Europese Unie’ aan de Rijksuniversiteit Groningen. Sinds 1 januari 2001 is hij hoogleraar (parttime) verbruiksbelastingen aan de Faculteit der Economische Wetenschappen van de Erasmus Universiteit Rotterdam.

02-07-2007

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Larson · King, LLP

Bjorkman Appointed to Commission on Judicial Selection
Louise Dovre Bjorkman was appointed by the Minnesota Supreme Court as an attorney member of The Commission on Judicial Selection for the Second Judicial District (Ramsey County). The Commission solicits judicial candidates, evaluates applicants and recommends finalists to the Governor for district court and Workers' Compensation Court of Appeals vacancies that occur during the term of a judge. Created by the Legislature in 1989, the Commission on Judicial Selection consists of 49 members: 27 appointed by the Governor and 22 appointed by the Supreme Court.

02-07-2007

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