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Matheson Ormsby Prentice advises on US$4 billion acquisition by Houghton Mifflin Riverdeep Group of Reed Elsevier's US educational publishing arm
Matheson Ormsby Prentice has advised Houghton Mifflin Riverdeep Group plc on its acquisition of Reed Elsevier’s Harcourt US Schools Education business. Houghton Mifflin Riverdeep Group plc will purchase Harcourt for US$3.7 billion in cash and US$300 million worth of Houghton Mifflin Riverdeep stock. The acquisition will create a pre-eminent educational publisher.

This is the one of the largest transactions to have taken place in Irish corporate history, and follows the acquisition by Houghton Mifflin Riverdeep Group of Houghton Mifflin and Riverdeep in 2006, on which Matheson Ormsby Prentice also advised.

Matheson Ormsby Prentice advised on the Irish legal aspects of the transaction. The team of corporate and banking lawyers was led by corporate partner Edward Miller. HM Riverdeep Group plc was also represented by leading international law firm Weil Gotshal & Manges.

08-21-2007

H&H Receives Unanimous Favorable Jury Verdict for Defendant TradeWinds Airlines
H&H, representing Greensboro, NC based, TradeWinds Airlines and TradeWinds Holdings, received a favorable and unanimous (9-0) verdict following a 7-day federal jury trial before the Honorable George B. Daniels in the United States District Court for the Southern District of New York.
The trial involved a complex commercial dispute concerning the sale of an airline business, anti-competitive issues, breaches of contractual obligations, and a multitude of other issues. TradeWinds, being the defendant, was sued back in July 2003, and was forced to defend multi-million dollar claims, and required to prosecute a number of counterclaims and defenses.

The jury found, after hours of deliberation, that the plaintiffs failed to demonstrate a material breach by TradeWinds of the complicated contractual framework, and found, conversely, that TradeWinds proved, by a preponderance of the evidence, that plaintiffs and the third-party defendant materially breached the contracts and awarded TradeWinds nearly $750,000 in damages. A claim for attorneys’ fees will follow.

Partner Zach Newman and Associate Christina Kang handled the matter.

08-21-2007

Hahn & Hessen Selected as Counsel to Creditors Committee in American Home Mortgage Bankruptcy Case
Hahn & Hessen LLP has been selected as counsel to the Official Committee of Unsecured Creditors in the Chapter 11 case of American Home Mortgage Investment Corp. filed in Delaware Bankruptcy Court on August 6, 2007. The firm is also currently representing the Official Creditors' Committees in the Delaware Chapter 11 filings of sub prime lenders, New Century and Resmae. Jeff Schwartz, Mark Indelicato and Mark Power, all partners in the firmís bankruptcy group, lead the team in all three cases.

The case is expected to follow a track not dissimilar to New Century in that there are currently motions before the Court to sell the servicing platform on an expedited basis as well to establish procedures for selling other financial assets that the debtor may own, including residual interests, scratch and dent loans and other miscellaneous assets.

We are hopeful that our experience in the insolvency arena coupled with our knowledge of the issues peculiar to distressed mortgage lenders will enable us to assist the Committee in maximizing creditor returns, said Partner Jeffery L. Schwartz.

08-21-2007

Franklin Blackstone, Jr. is elected as Board Chair of Jumonville
Franklin Blackstone, Jr. will begin a one-year term as Board Chair of Jumonville.

Set in the highlands of Southwestern Pennsylvania, Jumonville is a hospitality organization well-known for its summer camp and retreat opportunities. For almost a century, thousands of people have visited Jumonville to enahnce their faith, as well as themselves, in the inspiration of greater service to Christ.

Mr. Blackstone’s role as Board Chair will involve managing the organization, but also contributing to the vision of Jumonville; planning for what is to come. As Board Chair, he will lead other board members as they work to maintain the premises and work alongside the faculty and guests to continue providing the incoming guests of Jumonville with an enhancing, spiritual experience.

Mr. Blackstone has participated within the Jumonville community for forty years, holding numerous board positions, including President, Board Chair and Secretary.

08-21-2007

Justice Jam Wins ABA Award
The South Carolina Bar Young Lawyer’s Division’s Justice Jam 2007 was awarded First Place for Service to the Public by the Young Lawyer’s Division of the American Bar Association for the fiscal year 2006-07. Ellis Lawhorne’s Genevieve Nissen served as the Justice Jam committee chair last year and has graciously accepted the position for the fiscal year 2008-09. Justice Jam raised over $3,000 for the South Carolina Bar’s Pro Bono Program, which offers legal services to the indigent. Stay tuned for details about Justice Jam 2008!

08-21-2007

EG&S WINS ANOTHER APPELLATE VICTORY
The Pennsylvania Superior Court recently reversed a trial court’s finding of unjust enrichment against EG&S’s client, and entered judgment for it. This construction supply company was sued by a plaintiff who, in exchange for employment, transferred a construction tool franchise to it. After exchanging multiple draft employment agreements, the parties never executed a final written agreement. EG&S’s client then terminated plaintiff’s employment, cancelled the construction tool franchise, and made multiple unsuccessful attempts to return the franchise to plaintiff.

At trial, EG&S won a defense verdict on plaintiff’s breach of contract claim, but the trial court found that the plaintiff was entitled to damages on its claim for unjust enrichment.

On appeal, the Pennsylvania Superior Court affirmed EG&S’s defense verdict on the breach of contract claims, vacated the trial court’s verdict on the unjust enrichment claim, and entered judgment for the EG&S client on the unjust enrichment claim, holding that EG&S successfully established at trial that the plaintiff failed to confer a benefit that EG&S’s client wrongfully retained.

EG&S’s John G. Dean, Joel M. Wolff and Joseph J. Joyce, III represented the successful client in the trial court of Luzerne County and in the appeal.

08-21-2007

Elise Brennan elected as a Fellow of the AHLA Board of Directors and appointed to the Editorial Board of the Journal of Health and Life Sciences Law.
Elise Dunitz Brennan, a partner in the law firm of Doerner, Saunders, Daniel & Anderson LLP in Tulsa, OK, recently was elected as a Fellow of the American Health Lawyers Association (Health Lawyers) and appointed to the Editorial Board of the Journal of Health and Life Sciences Law. Health Lawyers provides educational and professional development services for over 10,000 healthcare attorneys. Ms. Brennan is one of only 60 healthcare attorneys who have received recognition as a Fellow. The mission of the Journal is to publish in depth, professionally reviewed articles that are interesting and useful to intermediate and advance health lawyers throughout the United States. Ms. Brennan has previously served on the Board of Directors of Health Lawyers, having served on its Executive Committee, and chaired its Public Interest Committee, Alternative Dispute Resolution Task Force, and Credentialing & Peer Review Practice Group during her tenure with Health Lawyers. In addition, Ms. Brennan is past President of the Oklahoma Health Lawyers Association. Most notably, Ms. Brennan was recently selected as one of the top 50 Oklahoma Super Lawyers; this such award was given to only three other women in the state. Ms. Brennan has been listed in each edition of The Best Lawyers in America since 1990.

Ms. Brennan's practice consists of representing hospitals, managed care organizations, ambulatory health care facilities, nursing homes, all types of behavioral and medical health care practitioners, and employer health plans. Ms. Brennan serves as an arbitrator of health care matters through Health Lawyers' Alternative Dispute Resolution Service. She is chair of Doerner, Saunders' Health Law Section.

Ms. Brennan received her B.A. from Tulane University, her M.S.W. from the University of Michigan, and her J.D. from Southern Methodist University.

08-21-2007

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