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Proposed Legislation To Protect Fashion Designs Has Been Introduced In Both Houses of Congress
The Design Piracy Prohibition Act that we discussed at Fashion ‘07, our Third Annual Fashion Seminar held May 23, 2007, has now been introduced by Senator Schumer in the U.S. Senate (S. 1957) on August 2, 2007. The co-sponsors were Senators Hutchinson, Feinstein, Hatch, Whitehouse, Graham, Kohl, Clinton and Snowe.

This Bill was previously introduced in the U.S. House of Representatives (H.R. 2033) on March 30, 2006. The House and Senate versions are identical.

This Bill would amend the Vessel Hull Protection Act to provide that a “fashion design“ (the appearance as a whole of an article of apparel, including its ornamentation) embodied in an article of “apparel” (an article of men’s, women’s, or children’s clothing, including undergarments, outerwear, gloves, footwear, and headgear; handbags, purses, and tote bags; belts; and eyeglass frames) would be protected for a term of 3 years if an application for registration is filed within 3 months of the date the article embodying the fashion design was first made public by the designer or owner in the Unites States or a foreign country.

Of course, there are many other aspects to the proposed law. For a copy of the complete Vessel Hull Protection Act marked to show the changes that would result from this Bill, please click here.

The desirability of this proposed legislation remains controversial, and it will be interesting to follow its progress, and to see what changes are made, if any, in an attempt to satisfy the critics.

08-15-2007

Hardin Serves as Chair of Louisiana Appleseed Advisory Council
Jones Walker partner Harry S. Hardin, III, has been elected Chair of the Louisiana Appleseed Advisory Council. Managing partner William H. Hines also serves as a member of the Advisory Council. Louisiana Appleseed is a non-profit organization dedicated to legal philanthropy through working to develop practical and lasting solutions to chronic injustices. Since January 2007, the program has been more actively addressing New Olreans' legal issues in the recovery from Hurricane Katrina.

08-15-2007

Jones Day advises Arlington Business Parks Partnership on £1.2 billion refinancing and reorganisation
Jones Day London has advised Arlington Business Parks Partnership in respect of a £1.2bn refinancing and reorganisation. The financing included a £800m commercial mortgage backed securitisation and a £400m syndicated loan facility arranged by Eurohypo and the Royal Bank of Scotland. The lead managers on the securitisation are the Royal Bank of Scotland and Calyon. The fund has also completed an initial reorganisation of the property-ownership structure inherited from Akeler, which it acquired in December 2006.

The Jones Day team comprised Andrew Barker (finance), Neil Seaton (corporate), Blaise Marin-Curtoud (tax), and Mark Emerson, (real estate).

This is the second significant finance matter Jones Day has undertaken for Arlington Business Parks Partnership. In April this year the team advised the partnership on the £66million acquisition of the 50% of Hammersmith Embankment which it did not already own.

Neil Seaton, who led the transaction, commented: "This was a complex transaction undertaken in difficult and testing market conditions. It rationalises the partnership's corporate structure as well as its borrowings, but pricing alone made it an attractive transaction to implement."

Carey Olsen and Bonn Schmitt Steichen also advised Arlington Business Parks Partnership on the legal issues relating Jersey and Luxembourg respectively. Price Waterhouse Coopers advised on the tax issues.

Eurohypo and the Royal Bank of Scotland were advised by Allen & Overy and Ogier. Fitch were advised Simmons & Simmons. Standard & Poor's were advised by Baker & McKenzie.

08-15-2007

Jones Day advises CQS on Euro 60m notes subscription
Euromedica Finance No.1 S.A. ("the Company"), a subsidiary of Euromedica S.A., the Athens-listed Greek healthcare provider, ("Euromedica") issued Euro 60m 3.60 per cent. Guaranteed Exchangeable Notes due 2012 ("the Notes"). The Notes are guaranteed by Euromedica and are convertible into common shares of Euromedica. The Notes were initially subscribed by CQS Convertible and Quantitative Strategies Master Fund Limited ("CQS"), a Cayman Islands domiciled fund, and are expected to be listed on the Luxembourg Stock Exchange within the next 3 months. The proceeds of the issue of the Notes will be used to acquire new health care centres in the Hellenic Republic and to refinance the existing obligations of the Euromedica Group.

At the same time Euromedica issued Euro 60m of listed common shares to complete its current fund-raising.

William Saunders and Amy Kho of Jones Day acted as English law advisers to CQS with Greek law advice being provided by Nicholas Kontizas and Daphne Cozonis of Zepos and Yannopoulos in Athens. Michael Immordino and Jay Buckley of Latham & Watkins represented the Company and Euromedica in respect of English law, Matthieu Taillandier of Arendt & Medernach acted as Luxembourg law adviser to the Company and Greek law advice was provided by Dimitris Georgakopoulos.

08-15-2007

Jones Day expands Banking and Finance Group with new partner appointment
Jones Day London office has boosted its Banking and Finance Group with the appointment of Michael Pabst, who joins today as a partner from Mayer, Brown, Rowe & Maw.

A dual-qualified English and Australian lawyer, Michael was previously an associate at Slaughter and May before joining Mayer, Brown, Rowe & Maw, where he has been a partner since 2002.

Michael has broad experience acting for financial institutions, sponsors, funds and corporates and his practice focuses on acquisition, projects and emerging markets financing and restructurings as well as structured derivatives finance in the context of tax-related asset and commodities deals.

Ed Nalbantian, head of the firm's Banking and Finance Group in London, comments: "We are delighted that Michael is joining our finance practice -- his practice and experience brings synergy and depth to our growing finance practice in several core areas."

08-15-2007

Berman Elected to Board of Leadership Greater Chicago
Jenner & Block Partner Debbie L. Berman was recently elected to the Board of Leadership Greater Chicago, an organization that works to develop community awareness among leaders in the Chicago metropolitan area.

Ms. Berman was previously named a 2007 Fellow of Leadership Greater Chicago. As a fellow, Ms. Berman joined other corporate and civic leaders in a 10-month study of the challenges facing Chicago-area communities. The group worked to identify issues in Chicago’s economy, education, race and ethnic relations, housing, crime and violence, and healthcare by meeting with an array of Chicagoland leaders, including the mayor, other government officials, corporate CEOs and civic leaders.

Ms. Berman, Co-Chair of the Firm’s Trade Secrets and Unfair Competition Practice and member of the Firm’s Litigation Department and its Media and First Amendment, Defense & Aerospace, Business Litigation and Government Contracts Practices is involved with numerous community organizations. In addition to Leadership Greater Chicago, Ms. Berman is actively involved with the Jewish United Fund (JUF), holding several leadership positions, leading a successful fundraising dinner series, and creating the JUF Executive and Professional Women’s Network to promote professional achievement and success among the organization’s female members.

08-15-2007

Jenner & Block Wins Dismissal of Civil RICO suit
Jenner & Block Partners Charles B. Sklarsky and Chris C. Gair won dismissal of a civil complaint filed against a Chicago businessman in federal court by Chicago developer Thomas Snitzer. Snitzer, once the manager of a troubled residential real estate project in the Bridgeport neighborhood, claimed that he was ousted from the project as a result of an alleged conspiracy to prevent the project from going forward under his leadership. The complaint charged RICO and racketeering conspiracy and violations of Snitzer's rights to freedom of association, due process and equal protection, as well as a claim for civil conspiracy. In a written opinion, U.S. District Judge Samuel Der-Yeghiayan dismissed all eight counts against the Firms's client for failure to state a claim.

08-15-2007

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