Law Firm News

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Shearman & Sterling LLP

Shearman & Sterling Advises on the £62 Million Restructuring of the Ethel Austin Retail Group
Shearman & Sterling has advised certain affiliates of Credit Suisse International, ABN AMRO and Eos Partners as majority investors and lenders in the comprehensive £62 million restructuring of the Ethel Austin Retail Group.

Ethel Austin is one of Britain’s leading value clothing retailers with over 300 stores throughout the country. The company and its subsidiaries were transferred to a Newco (Noteframe Limited) which is majority owned by certain affiliates of Credit Suisse International, ABN AMRO and Eos Partners.

The Shearman & Sterling team was led by partners Clifford Atkins (LO-EF), Laurence Levy (LO-M&A) and Iain Scoon (LO-TX) and included counsel Paula Holland (LO-ECEB) and associates Rebecca Girvan (LO-M&A), Heinz Matysik (LO-EF), Malcolm McKinnon (LO-EF), Will Smith (LO-TX) and Sam Whitaker (LO-ECEB).

08-22-2007

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Piper Rudnick, L.L.P.

DLA Piper's Green Conference - 'Cooling the Planet' - shortlisted for Clarion award
DLA Piper's green conference, hosted by former US vice president, Al Gore on 7 February 2007, has been shortlisted for a Clarion Award. Launched in 2003, these awards recognise best practice in communicating the importance of CSR, sustainable development, social inclusion and ethical matters using a variety of media platforms including the web, live events, video and printed materials. DLA Piper's conference, 'Cooling the Planet' has been nominated in recognition of its efforts to raise awareness about climate change at a business level, by bringing together more than 1,000 delegates from around the world.

The ground-breaking event held in Sheffield has been shortlisted for an award in the live events category. It featured a range of key note speakers from Government, Housing Minister Yvette Cooper, Tom Riordan, Chief Executive of Yorkshire Forward and former Home Secretary David Blunkett. DLA Piper speakers on the day included global board chairman, Senator George Mitchell and Safety, Health and Environment head Teresa Hitchcock.

DLA Piper's environmental legal expert Teresa Hitchcock, the brainchild behind the conference, said: "We wanted 'Cooling the Planet' to be a strategic platform from which businesses across the city, region and further afield could stimulate action within their own organisation and through their networks. The event was thought-provoking and dynamic, and inspired action which I hope will be one of its lasting legacies. I am delighted that the event has been nominated for this award."

'Cooling the Planet' brought together leaders of regional, national and international business to address the major climate change challenges that threaten economic sustainability. The event also inspired Sheffield City Council to organise a host of public and private green events alongside other agencies in the region to create a week of activity between 5 - 9 February 2007 entitled: "Sheffield Is My Planet".

Other nominees shortlisted for the award in the same category include: AVIVA, Serco Group Plc, Futerra and O2. There are 14 award categories in total and all the winners will be announced at a ceremony held at the BFI Southbank (formerly the National Film Theatre) on 28 September.

08-22-2007

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Nelson Mullins Riley & Scarborough LLP

Former Marine Prosecutor Joins Nelson Mullins
A former Marine judge advocate has joined Nelson Mullins Riley & Scarborough LLP in its Washington office and will focus his practice on general civil litigation matters and representation of clients before federal regulatory agencies.

Jason S. Greenwood joins the Firm as an associate. He formerly was stationed at Marine Corps Base Quantico, Va., where he served as the chief prosecutor and supervising attorney for all base prosecutorial activities. In that role, he oversaw and supervised the prosecution of more than 160 cases involving some of the most serious felony offenses under the Uniform Code of Military Justice. Mr. Greenwood's final tour at Marine Corps Base Quantico culminated an active duty career spanning more than 12 years as an artillery officer, a logistics officer, and an attorney.

Mr. Greenwood is a member of the South Carolina bar, and admissions in Virginia and Washington, D.C., are pending.

In 2004, Mr. Greenwood earned a Juris Doctor, cum laude, from the University of South Carolina School of Law. While in law school, he was a member of the Order of the Coif and the South Carolina Law Review. He was also the recipient of the Claud N. Sapp Award, the Compleat Lawyer Award, and the Karen Lee Memorial Scholarship.

Mr. Greenwood authored the Comment, Congressional Control of Federal Court Jurisdiction: The Case Study of Abortion, 54 S.C. L. Rev. 1069 (2003).

In 1994, Mr. Greenwood earned an Artium Baccalaureus degree in Political Science from Colgate University in Hamilton, NY.

08-22-2007

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McDermott Will & Emery

McDermott Achieves Precedent-Setting Victory in Patent Infringement Case
A unanimous U.S. Court of Appeals for the Federal Circuit issued a precedent-setting victory for McDermott Will & Emery client Seagate Technology LLC. The court overturned 24 years of precedent by abolishing the "duty of due care" standard imposed on defendants in the context of willful patent infringement. The Court's decision will make it far more challenging for companies to prove that opponents are engaged in willful patent infringement, which can result in treble damages.

Prior to yesterday's ruling, companies would typically obtain an opinion letter regarding the potential infringement from “opinion counsel” following an accusation of patent infringement. During trial, the company could waive privilege and rely on the opinion letter in court to defend against the claim of willful infringement. In Convolve, Inc. v. Seagate Technology LLC, the district court extended this waiver to include communications between Seagate and its trial counsel, McDermott Will & Emery. The district court also ordered that trial counsel's work product was subject to discovery. Seagate then petitioned to the Federal Circuit for a writ of mandamus vacating the district court's orders.

The Federal Circuit, recognizing the importance of these issues, took the extraordinary step of hearing the case "en banc" and ordered the parties to address: (1) whether the duty of due care standard should be eliminated; (2) whether the waiver with regard to opinion counsel should extend to communications with trial counsel; and (3) whether any such waiver should extend to trial counsel's work product.

As argued by Seagate, the duty of due care standard improperly shifted the requirement to prove willful infringement to the defendant who had to then prove it did not willfully infringe. Further, the district court's orders took away Seagate's right to effective trial counsel by allowing the patentee to "listen in" on the client's communications with its trial counsel.

The Federal Circuit agreed with Seagate. It abolished the duty of due care standard and established a new test for proving willful infringement: a patentee must show by clear and convincing evidence that the defendant acted despite an objectively high likelihood that its actions constituted infringement of a valid patent. Thus, the court held that the state of mind of the accused infringer was not relevant to the objective inquiry. It also held that there was no affirmative obligation to obtain opinions of counsel. With respect to the issues of attorney-client privilege and work product immunity, the Federal Circuit held that asserting the advice of counsel defense and disclosing opinions of opinion counsel do not constitute waiver of the attorney-client privilege for communications with trial counsel, nor does it waive work product immunity with respect to trial counsel. The Federal Circuit thus granted Seagate's petition for a writ of mandamus and remanded with instructions for the district court to reconsider its earlier rulings in light of the Federal Circuit’s decision.

"This decision goes a long way towards leveling the playing field in patent cases. It restores a client's right to receive effective representation from trial counsel without a threat of interference from the patentee,” stated Ray Lupo, who argued the appeal along with Brian Ferguson. “It also places the burden back on the patentee to prove willful infringement by clear and convincing evidence, and establishes that willfulness should be found only in circumstances where reckless conduct was present,” added Mr. Lupo.

The McDermott team representing Seagate Technology included Ray Lupo, Brian Ferguson, Terry McMahon, Stephen Akerley, Lucy Koh, Natalia Blinkova, Mary Boyle, Amanda Koenig, Sabrina Chang and Brian Baker. Brian Ferguson and Ray Lupo argued the appeal before the Federal Circuit. Others who provided invaluable assistance in preparing the case were Bobby Burchfield, Mark Davis, Paul Devinsky, Joel Freed, Dennis Mondolino and Tim Waters.

Seagate is the worldwide leader in the design, manufacture and marketing of hard disc drives, providing products for a wide-range of applications, including Enterprise, Desktop, Mobile Computing, Consumer Electronics and Branded Solutions. Seagate’s business model leverages technology leadership and world-class manufacturing to deliver industry-leading innovation and quality to its global customers, and to be the low cost producer in all markets in which it participates.

08-22-2007

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Jenner & Block LLP

Sullivan Discusses Supreme Court Case with High School Teachers At Constitutional Rights Foundation Summer Institute
Barry Sullivan spoke at the Constitutional Rights Foundation of Chicago's Equal Justice Under Law Summer Institute for High School Teachers. Mr. Sullivan discussed the subject of constitutional interpretation in general and the Supreme Court's recent decision in Morse v. Frederick in particular. In Morse, the Supreme Court determined that the principal of an Alaska high school did not violate the First Amendment rights of a student when the principal told him to put away a banner proclaiming "Bong Hits for Jesus" and then suspended him from school for failing to do so.

Mr. Sullivan began his presentation by describing the bench installed in the Constitutional Court in Johannesburg, South Africa. Symbolically, the front of the bench is comprised up of 11 animal hides -- all of which are slightly different, but stitched together to make a unified whole. The hides are meant to reflect the different viewpoints and experiences of the 11 Justices of the Court. Together, though, they make a unified whole. The symbolism of the bench, Mr. Sullivan pointed out, reflects the South African belief that the true meaning of the Constitution is ascertained when all of the Justices bring to bear their distinct viewpoints and backgrounds when required to decide the constitutional questions presented to them. "That's a useful way of looking at the various opinions of the Justices in one of our constitutional cases as well," Mr. Sullivan suggested. In that sense, “it is useful to look at the opinions of the various Justices and consider the ways in which they bring different insights into the process of constitutional adjudication,” Mr. Sullivan noted. “That is not to say that the process is arbitrary or idiosyncratic, but that different Justices necessarily see things in a different light. They bring different analytical tools and different theories of interpretation to a case."

Mr. Sullivan suggested that the Morse case was a particularly good one to look at from this perspective. For example, it is interesting to see the lengths to which Justice Alito went to suggest that the opinion of the Court crafted by Justice Roberts should be bounded by the recognition that the slogan on the banner did not constitute "political speech," and that a different rule would apply if it were. "That was a centrally important feature of the case for him, and he wanted to make sure that the point was not misunderstood." Justice Thomas's opinion is another good example, Mr. Sullivan said. Justice Thomas took a strong originalist view of the case; he thought that the fact that students had not been considered to have speech rights in the schools at the time of the founding or in the early republic should dispose of the question. Mr. Sullivan and the teachers addressed and explored the various opinions of the Justices in a lively discussion.

"Teachers appreciate Barry's special combination of wit and insight," said CRFC Associate Director Nisan Chavkin. "His presentations are full of nuggets that teachers can use in class to help students become engaged with the Court's work. We were glad to have him participate once again in our program."

Mr. Sullivan has participated in the Equal Justice Under Law Summer Institute for the past several years

08-22-2007

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Adams & Reese LLP

Alsobrook receives Chairman's Award from U.S. Supreme Court Historical Society
Henry B. Alsobrook Jr., partner in the Adams and Reese New Orleans office, received for the second consecutive year the United States Supreme Court Historical Society Louisiana Chairman’s Award.

Alsobrook received the award from U.S. Supreme Court Justice Samuel Alito at the Society’s annual meeting in June in the Supreme Court chambers in Washington D.C.

The Society is a nonprofit organization dedicated to the collection and preservation of the history of the Supreme Court of the United States. The Society elects a Chairman every year for each of the 50 states with the chairman’s mission to obtain new members.

Alsobrook is serving his second consecutive year as the Society’s Louisiana state chairman.

Alsobrook recently celebrated his 50th anniversary of practicing law after being admitted to the Bar in 1957. He is admitted to practice in all State and Federal Courts in Louisiana, the United States Supreme Court and the Fifth and Eleventh United States Circuit Courts of Appeal. Alsobrook’s law practice focuses on products liability; pharmaceutical and medical device law; class actions; mass tort, toxic tort, and pesticides and herbicides law. He is listed in “Best Lawyers in America” in Medical Malpractice Law and Personal Injury Litigation and listed in “Louisiana Super Lawyers” in Personal Injury Defense: Products.

08-22-2007

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Adams & Reese LLP

Adams and Reese Named Finalist in Birmingham Business Journal’s Inaugural Minority Business Awards
The law firm of Adams and Reese was recently named one of three finalists in the "Encouraging Diversity Category" of the Birmingham Business Journal’s Inaugural Minority Business Awards. The firm was honored at an awards dinner recognizing the finalists and honoring Alabama Power Company as the “Encouraging Diversity” winner. The “Best Minority Owned Businesses” and “Rising Stars” were also honored. The firm was profiled in the special Minority Business section in the August 17 issue of the Birmingham Business Journal.

Adams and Reese was also previously honored by firm client, International Paper, as a recipient of their “Lighthouse Award” for the firm’s diversity initiatives and fostering diversity in the legal profession.

08-22-2007

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