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Womble Carlyle Sandridge & Rice, PLLC

Womble Carlyle Client Successfully Defends Challenge to Incentives Deal
When Dell announced plans to build a new computer manufacturing plant in 2004, competition between states and cities was fierce. After all, the plant represented 1,700 new, high-paying jobs for the community that landed Dell.

North Carolina (and specifically Forsyth County and the City of Winston-Salem) won the bidding, thanks in part to a $280 million state and local incentives package. When the legality of that package was challenged in 2006, Dell turned to Womble Carlyle for its defense.

Shortly after Dell made its decision, seven North Carolina residents filed suit against the state, the City of Winston-Salem and Forsyth County, seeking to halt the incentives payments. The plaintiffs claimed such incentives—the largest ever offered in North Carolina—violated the state’s Constitution. The plaintiffs were represented by an organization called the North Carolina Institute for Constitutional Law.

Womble Carlyle attorneys Burley Mitchell, Press Millen and Sean Andrussier led Dell’s defense efforts. The case was heard in Wake County Superior Court in May, 2006, with Dell earning a complete victory.

Judge Robert Hobgood dismissed all of the 22 separate claims asserted by the plaintiffs. In his reply, Judge Hobgood ruled that, "attracting jobs to a community by public economic incentives provides a direct economic welfare and benefit to the people of those communities." He also noted that the State Supreme Court has upheld the legality of incentives in the past.

Hobgood said future challenges to the constitutionality of such incentives were political questions better left with the state legislature, not the courts.

Had the plaintiffs been successful, all prospective economic incentives in North Carolina, not just those offered for Dell, likely would have ground to a halt. This would have put the state at a tremendous competitive disadvantage in its economic development efforts. The case currently is on appeal.

In 2005, the same team of attorneys also successfully persuaded a North Carolina federal court to dismiss an action challenging the legality of local retail incentives.

11-21-2006

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Willkie, Farr & Gallagher, LLP

Real Estate Department Represents DiamondRock on Purchase of Two Hotels
On November 19, it was announced that Willkie client DiamondRock Hospitality Co., a U.S. real estate investment trust that owns 18 hotels, agreed to purchase two additional hotels in Atlanta, GA and Austin, TX Texas for $237.5 million. The Renaissance Waverly Atlanta Hotel has 521 rooms and the Renaissance in Austin has 492 rooms. DiamondRock intends to expand its corporate customer base with the acquisitions. The deal was handled by partner Steven Klein and associates David Drewes and Dan Backer.

11-21-2006

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White & Case, LLP

European Commission Closes EU Investigation into Suspected Cartel in the Publication Paper Sector
The European Commission has closed its investigation into a suspected cartel in the publication paper sector (Case N°. COMP/39052), without any finding that the companies subject to the investigation had infringed EU competition law. White & Case represented Norwegian multinational Norske Skogindustrier ASA, the world’s largest producer of newspaper paper, throughout the investigation.

The investigation was launched in May 2004 by unannounced dawn raids and was one of the Commission's largest recent cartel investigations, during which it liaised with the national competition authorities of the EU and EFTA Member States, as well as the relevant authorities in the USA and Canada.

The publication sector is characterised by a small number of large players and is thus a natural target for suspicion of illicit antitrust activities. The Commission has previously carried out investigations of the sector, but those investigations also ended without any finding of cartel activities.

"We are satisfied with the European Commission's conclusion that our client owes its leading position in the sector entirely to frank and free competition, combined with full respect for antitrust requirements in all the jurisdictions where it is active," commented White & Case partner Pontus Lindfelt.

The White & Case team representing Norske Skog during the Commission investigation was led by partners Pontus Lindfelt and James Killick (Brussels), working with associates Axel Schulz, Charlotte Hugon and Gry Høirup (Brussels), and Irina Goransson (Stockholm). Norske Skog in-house counsel were Anne Kvam, Kjetil Johansen and Olaf Abel Engh.

11-21-2006

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Skadden, Arps, Slate, Meagher & Flom LLP

Lawyers Make Crisis Management Presentations
Skadden partners David Zornow, Larry Spiegel, Shepard Goldfein and Phyllis Korff recently made two presentations recently on the topic “Navigating the Perfect Storm: Managing a Crisis in Today’s Regulatory Environment.” They spoke to the officers and executive committee of the compliance and legal division of the Securities Industry Association on October 20 and then to that division’s membership on November 21.

11-21-2006

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Shughart, Thomson & Kilroy, P.C.

Shughart Thomson & Kilroy Congratulates Suzanne Bocell Bradley
St Joseph, MO - Lawyers in northwest Missouri have selected Suzanne Bocell Bradley from the firm of Shughart Thomson & Kilroy, P.C. to the prestigious Board of Governors. The board is the policy-making body of the Missouri State Bar. There are 42 governors on the board and Bradley will represent District 1 in northwest Missouri.

“I am really looking forward to this honor. I’ve been serving on the Missouri Bar Foundation Board for more than 15 years. I served as president in 1997-1999 and that has prepared me for this position,” said Bradley.

Bradley began her new position September 29th at the conclusion of the 2006 Missouri Bar Annual meeting. Lawyers selected eight new members and retained 11 incumbents. The Board is composed of 40 elected members from 15 districts throughout the state. In addition, the immediate past president of the Missouri Bar and a young lawyer selected by the Young Lawyers’ Selection Council also serve on the board.

Bradley joins several other Shughart Thomson and Kilroy attorneys who have served on the Board of Governors. Past presidents include Chairman of the Board Larry Ward and Shareholders Jennifer Bacon and John Black. Bradley practices in the area of civil litigation, business law, family law and wills and trusts. Bradley has served as a substitute municipal judge since 1986 and teaches ethics in judicial seminars for the training and certification of municipal judges.

11-21-2006

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Schiff Hardin LLP

SCHIFF HARDIN LLP WELCOMES CATHERINE HOBART THOMPSON AS A PARTNER IN THE ATLANTA OFFICE
Schiff Hardin LLP has added Catherine Hobart Thompson as a partner in the Labor and Employment Group in the Atlanta, Georgia office. She joins our firm from Smith, Currie & Hancock LLP in Atlanta where she was a partner.

Ms. Thompson advises management on human resources issues and federal, state and local employment laws. She represents management before all courts and government agencies, with a focus on employment discrimination, harassment and retaliation claims.

Ms. Thompson is a frequent speaker at seminars and conferences on all topics of employment discrimination, with a primary emphasis on sexual harassment training.

Her publications include "State Habeas in Virginia: A Critical Transition.

11-21-2006

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Roetzel & Andress A Legal Professional Association

Roetzel & Andress Attorney Denise M. Hasbrook Pens A Chapter for "Inside the Minds" Series
Roetzel & Andress attorney Denise M. Hasbrook has written a chapter in the new book, Inside the Minds™: Resolving Employee Disputes & Litigation. Ms. Hasbrook's authored the chapter entitled "Partnering for Success in Employment Cases: The Attorney's Role," which explores utilizing an attorney to evaluate and resolve employment disputes to achieve successful results as the right stage in the process.

Based in the Toledo office of Roetzel & Andress, Ms. Hasbrook is a Partner in the Business Litigation Group. Her practice focuses on corporate defense and labor and employment issues. She has litigated numerous cases in the areas of personal injury, sexual harassment, unfair competition, discrimination, and business litigation in state and federal courts, obtaining many favorable summary judgment decisions and jury verdicts.

11-21-2006

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