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Listen to a Conversation with Spencer Abraham on Pepper's Pod Center
Listen to a short podcast where Spence shares his views on a variety of issues affecting organizations in the United States and throughout the world. During this podcast, Spence discusses the volatile gas prices in the U.S., the global forces that continue to shape the supply and cost of energy, the business implications for organizations that rely on having an ample supply of energy at stable prices, the opportunities where businesses should currently be considering, and the trend of private equity firms investing in companies that offer alternative energy options.

11-15-2006

Orrick Partner Comments About Energy Independence
Mary Rose Brusewitz, a global finance partner, was interviewed in the November issue of Latin America Advisor-Energy about potential legislative initiatives on energy independence in the 110th U.S. Congress. "Both parties agree that energy independence (or perhaps 'interdependence'—there is a debate about which concept to employ) is a topic deserving of serious attention and perhaps even action," said Brusewitz. "Tackling major energy issues and making real progress is a big challenge (some say energy independence is impossible), especially with Iraq and terrorism as potential congressional distractions. But energy policy and decreasing the US' dependence on oil from the Mideast will be priorities.

11-15-2006

Nixon Peabody Expands Its Business Group; Roger Byrd, Seasoned Mergers & Acquisitions and Securities Attorney, Returns as Firm Expands Capabilities for Businesses in Upstate New York
Rochester, NY. Nixon Peabody LLP announces the return of Roger Byrd to its Rochester office as a partner in the Business group. Mr. Byrd is an accomplished business attorney whose experience includes significant mergers and acquisitions and securities transactions for businesses in a wide range of industries including telecommunications, investor-owned utilities, optics, and manufacturing.

Lori Green, partner and leader of Nixon Peabody’s Nationwide Mergers and Acquisitions team, said, “We are pleased to welcome Roger back to Nixon Peabody and our business practice in Upstate New York. Roger offers another element of depth and experience to our clients as well as to our team of business attorneys based in Rochester, who are relied upon as trusted advisors by all kinds of businesses from start-ups to pre-IPO companies to multibillion dollar private corporations and the Fortune 500. Roger is a talented, sophisticated attorney, and he will play a key role in the firm’s corporate transactional work, particularly in Upstate New York.”

Mr. Byrd rejoins Nixon Peabody from Choice One Communications, Inc., where he was senior vice president and general counsel. At the time Roger joined Choice One, he was responsible for the legal and regulatory function of the local exchange carrier with operations in twelve states. While at Choice One, he managed the legal aspects of business combinations with two other telecom companies, CTC Communications and Conversent Communications, and an associated debt financing that culminated in the creation of One Communications.

Before joining Choice One in 2005, Mr. Byrd was a member of Nixon Peabody’s Business Group focusing on mergers and acquisitions (M&A) and securities law. He first joined Nixon Peabody as a summer associate. Mr. Byrd returned to Nixon Peabody as an associate upon graduation from law school in 1990, and was named partner in the Business group in 2000. During 1999 and 2000, Mr. Byrd was assigned to London to handle merger and acquisition transactions for a client.

Mr. Byrd’s M&A experience includes representing buyers and sellers in complex domestic and international acquisitions and dispositions structured as asset deals, stock deals, and public and private mergers. He also has significant transactional and counseling securities law experience—handling public offerings, private placements, and public company mergers and advising public company clients regarding ongoing SEC reporting.

11-15-2006

Two Associates Join Nelson Mullins in Myrtle Beach
Two associates have joined Nelson Mullins Riley & Scarborough LLP in the Firm's Myrtle Beach office:
Megan E. Griffith practices business litigation, construction law, product liability, and insurance law. She is admitted to practice in South Carolina and is a member of the S.C. Bar Association, the Horry County Bar, and the American Bar Association. Ms. Griffith earned a Juris Doctor, cum laude, from Florida Coastal School of Law in 2006, where she was president of the Moot Court Honor Board. While competing on the Moot Court Honor Board, Ms. Griffith was awarded Moot Court Internal Competition Quarter-Finalist, National Chicago Bar Moot Court Competition Finalist, and National Moot Court Competition Competitor. She was the recipient of the Best Appellate Brief Award and Best Oralist Award. While in law school, Ms. Griffith clerked for the Honorable Monte C. Richardson, U.S. District Court for the Middle District of Florida. In 2002, Ms. Griffith earned a Bachelor of Science degree in Business Administration, with honors, from the College of Charleston Honors College.

Lindsey E. Hendrick practices business litigation, insurance, litigation, product liability, and real estate litigation. She is admitted to practice in South Carolina and is a member of the S.C. Bar Association, the Horry County Bar, and the American Bar Association. She earned a Juris Doctor, cum laude, in 2006 from the University of South Carolina School of Law, where she served as articles editor of the Southeastern Environmental Law Journal and was named to the Order of the Wig and Robe. Ms. Hendrick was the recipient of a CALI Award in Criminal Adjudication and was the Waccamaw Boone Foundation Scholarship Recipient. In 2003, Ms. Hendrick earned a Bachelor of Science degree in Business Administration, magna cum laude, from the University of South Carolina Moore School of Business.

11-15-2006

Julia Bright Joins Nelson Mullins in Charlotte
Julia Bright has joined Nelson Mullins Riley & Scarborough LLP in the Firm's Charlotte office and will practice in the areas of business litigation and product liability.

A member of the North Carolina Bar, Ms. Bright is also a member of the American Bar Association. She earned a Juris Doctor, with honors, from the University of Tennessee College of Law in 2006. While in law school, Ms. Bright served on the editorial board of the Tennessee Law Review and was a participant in the 2005 Dean Jerome Prince Evidence Moot Court Competition.

11-15-2006

Milbank Closes $210 Million Satellite Financing
In a challenging high-yield debt market, Milbank, Tweed, Hadley & McCloy LLP successfully closed a US$210 million satellite financing for ProtoStar Ltd., thus bringing the company a critical step closer to launching its Asian satellite service.

The funds will be used by path-breaking satellite services provider ProtoStar to acquire, launch and operate geostationary (GEO) satellites in order to lease capacity to Direct-To-Home (DTH) providers in the rapidly growing Asian DTH market, including in India, Singapore and the Philippines. Milbank has represented ProtoStar almost since its inception and has assisted the company in virtually all aspects of the development of its satellite business.

ProtoStar, which is a Bermuda corporation with principal U.S. operations in San Francisco, also raised $90 million in equity in a companion financing, and thus has completely funded its program to launch and have fully operational its GEO satellites by early 2008. Jefferies & Company, Inc. served as placement agent for the debt financing which consisted of $160 million of senior secured convertible notes sold to leading institutional investors.

Commenting on the overall transaction, Glenn S. Gerstell, head of the communications team of Milbank, Tweed, Hadley & McCloy LLP, and managing partner of the Firm’s Washington, DC office, stated, “When you combine the inherent challenges in any financing for a start-up venture, the volatility of the high-yield debt market, and the risks always present in the satellite industry, you have a lot of hurdles to overcome. So there was a heightened level of complexity for the bankers and lawyers who put this deal together. Surmounting these hurdles was exactly what we had to do for our client, and it was great to work on a transaction that will expand DTH service in the fast-growing Asian markets, particularly for countries such as Indonesia and Singapore where it is difficult for many people to obtain TV service. And for Milbank, we were pleased to be able to harness our Asian offices to assist with the company’s development of its satellite business.”

The Milbank team representing ProtoStar was led by partners Glenn S. Gerstell and James H. Ball and associates Steven I. Chung, Ellie J. Kwack and Gavin McKeon of the Washington, D.C. and New York offices. The ProtoStar transaction was a multi-office effort. Other team members included Mark Francini, Peter Nesgos, Dara Panahy, Sally Ting, Andrew Walker and David Zemans, who have been assisting ProtoStar in both its financing and satellite development activities.

11-15-2006

Lawdragon Names Two Milbank Attorneys Among Top 500 in America
Lawdragon has named James N. Benedict and Edwin F. Feo to the Lawdragon 500 Leading Lawyers in America, an independent listing of the nation’s most elite attorneys, the international law firm Milbank, Tweed, Hadley & McCloy announced today. Mr. Benedict is a New York-based partner who chairs the Litigation practice at Milbank. Mr. Feo is a Los Angeles-based partner who co-chairs Milbank’s Power, Energy and Utilities practice group.

Lawdragon noted that Mr. Benedict “helmed American Century to safe waters in a billion-dollar dismissal expected to tsunami mutual-fund litigation,” referring to his work defending the mutual fund company in one of the largest excessive fee securities actions ever filed. The plaintiffs voluntarily dismissed their case on the eve of trial, setting the stage for similar pending mutual fund lawsuits.

Referring to Mr. Feo as “the toll road king,” Lawdragon noted his role in public-private roadway projects. Mr. Feo has negotiated the financing for many of the nation’s largest and most complex toll road concessions, including Chicago Skyway, SR 125 and the Dulles Greenway in Virginia. He is also widely recognized for his work in the energy sector, especially in the renewable power and renewable fuels industries.

Fewer than one-half of one percent of all lawyers in the U.S. are named to the Lawdragon 500. More than 15,000 attorneys were nominated for the list both by their peers and the Lawdragon editorial staff. Lawdragon then selected 3,000 finalists, who are featured at Lawdragon.com. The elite Lawdragon 500 attorneys were chosen from the group of 3000, based on a system that takes into account dozens of qualifications that are totaled to determine the best lawyers nationwide.

11-15-2006

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