Law Firm News

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Law Firm News

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Morgenstein & Jubelirer LLP

SCHIFF HARDIN LLP WELCOMES HIDEKI AKIYAMA AS A PARTNER IN THE NEW YORK CITY OFFICE
Schiff Hardin LLP has added Hideki Akiyama as a partner in the Corporate and Securities Group of the New York City office. He joins our firm from Sidley Austin LLP.

Mr. Akiyama's practice focuses on mergers and acquisitions transactions as well as general corporate matters such as negotiating and drafting joint venture agreements, strategic alliance agreements, distributorship agreements and license agreements.

02-06-2007

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Moses & Singer LLP

Moses & Singer attorney quoted in the New York Sun
Paul Fakler one of Moses & Singer’s Intellectual Property partners was quoted in today’s New York Sun in connection with a story about the existence of copyright in museum works. The Sun article concerned the legal issues raised when visitors take photographs of artworks on display at a museum. Mr. Fakler explained that although a museum may own or possess the physical copy of a famous painting, the museum would not necessarily have the right to authorize visitors to make copies of that painting. Taking a photograph constitutes making a copy of the artwork. Mr Fakler went on to explain that a museum visitor taking such a photograph for personal and educational use could be a non-infringing fair use and therefore allowable. However, using the photograph to print posters would not likely be considered a fair use because it would directly harm the copyright owner's right to sell posters depicting the artwork.

02-06-2007

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McDonald Hopkins, LLC

$5,000 AWARDS FOR NORTHEAST OHIO TEACHERS MADE POSSIBLE THROUGH TMA
The Turnaround Management Association (TMA) is accepting nominations for the 2007 Butler-Cooley Excellence in Teaching Awards. The deadline is May 1, 2007.

This national program, made possible through the John William Butler Foundation, honors primary and secondary grade teachers who have demonstrated exceptional dedication and skill in shaping the lives of students and the communities in which they live. It provides $5,000 cash stipends to three to five public or private school teachers and travel and lodging expenses to the 2007 TMA Annual Convention in Boston, Massachusetts, October 16-19.

The Butler-Cooley Excellence in Teaching Award is open to currently licensed and active primary or secondary school teachers employed in Northeast Ohio by accredited schools for at least five years. Teachers or other qualified people may submit a nomination. Entries must include a completed application, a statement describing the basis for a nomination, and a statement of teaching philosophy. Nomination guidelines and applications are available online at http://www.turnaround.org/about/awards.asp.

TMA is the only international nonprofit organization dedicated to corporate renewal and turnaround management. With nearly 7,800 members in 40 chapters, TMA {1093990:} represents an international community of turnaround professionals. The president of the Ohio Chapter of the TMA is Joseph F. Hutchinson, Jr.

02-06-2007

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Lightfoot, Franklin & White LLC

Alabama Supreme Court Hears ExxonMobil Appeal
Lightfoot, Franklin & White partners Sam Franklin and Chris King today presented oral argument on behalf of ExxonMobil Corporation before the Alabama Supreme Court in its appeal of the State of Alabama's $3.6 billion judgment against ExxonMobil for breach of contract and fraud in connection with the reporting and payment of natural gas royalties. Due to the complexity of the case, the Court heard oral argument for more than two and one half hours. A decision is expected in late Spring or early Summer.

02-06-2007

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Kronish, Lieb, Weiner & Hellman, L.L.P.

Cooley Secures Litigation Win for Conor Medsystems, Clearing Way for Merger with Johnson & Johnson
A team of litigators from Cooley Godward Kronish LLP, led by Palo Alto partner John Dwyer and San Francisco partner Gordon Atkinson, prevailed on January 30, 2007 on a motion for preliminary injunction that would have prevented the planned closing of a $1.4 billion acquisition of Cooley's client Conor Medsystems, Inc. by Johnson & Johnson.

Judge Carol Mittlesteadt, head of the Complex Litigation Department in the San Mateo Superior Court, ruled that plaintiff Capital Trading Co. failed to demonstrate that the proxy statement provided to Conor's stockholders, seeking their vote for the merger (that implemented the acquisition) was materially deficient or misleading. Johnson & Johnson was represented by Cravath Swaine & Moore in the acquisition transaction and by Quinn Emanuel Urquardt & Hedges in the litigation.

The plaintiff had sought to halt or delay the merger, which closed as scheduled on February 1, 2007, based on allegations that the proxy statement had omitted eight or more material facts that Conor's stockholders should been allowed to consider before voting on the merger. The Cooley team argued on behalf of Conor and its directors that none of the requested disclosures was material, that the proxy was accurate in every material respect and that Conor and the other defendants were likely to prevail on the merits of the litigation. The court agreed with Conor and the other defendants' position on every point, also finding that plaintiff would not suffer irreparable injury in the event that the merger closed and that Conor and Johnson & Johnson were at risk of suffering irreparable harm if the closing of the merger were enjoined. The court also ruled that the balance of equities favored Conor and Johnson & Johnson.

Dwyer commented that "this was a very fast-paced litigation in which the Cooley team received plaintiff's moving papers on the Friday night before the Tuesday hearing and had to file its briefs and supporting papers by 10 a.m. on Monday. By Tuesday afternoon, the court had read all of the papers and written a lengthy, well-reasoned ruling that was then read into the record."

Atkinson further noted that "this was a great multi-office and multi-department effort. In the end, the team effort paid off completely. It was a great win for our clients and the Conor stockholders."

Working with Mr. Dwyer and Mr. Atkinson in opposing the motion were San Francisco partner Martin Schenker, Palo Alto associates Melina Patterson, Daniel Kaleba and Valerie Castelo and San Francisco associate Chanee Franklin. They were assisted by Conor's associate general counsel Heather Turner. Johnson & Johnson was represented by John Quinn, Shon Morgan and Brent Smyth of Quinn Emanuel Urquardt & Hedges and Johnson & Johnson in-house counsel Katy Meisel. Plaintiffs were represented by Richard Brualdi of New York (the Brualdi Law Firm) and Kirk B. Hulett and Sarah B. Weber (Hulett Harper Stewart LLP, San Diego, CA.)

02-06-2007

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Johnson & Condon, P.A.

Johnson & Condon Law Firm to Offer Unprecedented Legal Services 24 Hours a Day, 7 Days a Week, 365 Days a Year
The Minneapolis law firm of Johnson & Condon, P.A. announced today, the launching of a new service from its Litigation Group dedicated to providing around-the-clock legal services for all Minnesota taverns, liquor stores, bars, restaurants and other hospitality establishments.

The 24-hour service begins immediately and is headed by Mark Condon and Tim Leer, senior partners in the firm, supported by a talented team of attorneys, including Chris Celichowski, Matt Johnson and Lee Hutton. The creation of this new practice solidifies Johnson & Condon’s commitment to providing unprecedented legal services to the Minnesota business community.

For over 40 years, Johnson & Condon lawyers have provided the hospitality industry with the services needed to succeed in Minnesota’s heavily regulated marketplace. Condon commented: “The formalization of such a proactive practice will enable us to immediately respond to the growing demand from our clients for 24/7 services. We see a substantial number of our clients who are concerned about problems after hours. The team we have assembled has significant dram shop, premises and hospitality litigation expertise which will provide a valuable resource for our clients 365 days a year.”

A hospitality toll-free hotline number, 1-800-365-0247, has been created, encouraging any establishment owner or manager to call them direct with any legal question or concern, regardless of the time of day.

02-06-2007

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Hancock & Estabrook, LLP

Laurel E. Baum Elected to Firm Partnership
Hancock & Estabrook, LLP, Counselors at Law, is proud to announce that Laurel E. Baum, who practices Health Care Law with the Firm, has been elected to the Firm’s Partnership.
Ms. Baum brings extensive clinical, operational and regulatory experience to her health care clients in providing legal counsel. Her practice experience includes Medicare and Medicaid compliance, EMTALA issues, HIPAA privacy matters, and the various federal and state regulatory initiatives impacting the health care field. Ms. Baum assists health care clients with issues involving contract development, physician extenders, bioethics and patient care. Prior to joining the Firm, she served as a compliance officer for a hospital associated with a major academic medical center, and was also a registered nurse in pediatrics and intensive care. Ms Baum also assists school districts in education law matters, including issues involving the Individuals with Disabilities Education Act (IDEA). She is also a member of the Firm’s Education & Municipal and Labor & Employment Law practice groups. Ms. Baum is admitted to practice law in New York and the United States District Court for the Northern, Southern and Eastern Districts of New York. She is a member of the Onondaga County Bar Association, New York State Bar Association (Health Law Section) and American Health Lawyers Association. Ms. Baum holds a law degree from the University at Buffalo Law School (magna cum laude) and a Bachelor of Science degree from Widener University (academic honors).

02-06-2007

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