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Mary Kay Vyskocil Will Co-Chair Federal Bar Council Fall Retreat
Mary Kay Vyskocil will co-chair the Federal Bar Council's ""Seventh Annual Fall Bench & Bar Retreat"" October 27-29, 2006. The event is coordinated by the Second Circuit Courts Committee (of which Ms. Vyskocil is a member) and the Council's First Decade Committee.

Judicial participants will include Hon. Reena Raggi (2d Cir.), Hon. Carol Bagley Amon (E.D.N.Y.), Hon. Richard M. Berman (S.D.N.Y.), Hon. Miriam Goldman Cedarbaum (S.D.N.Y.), Hon. Raymond J. Dearie (E.D.N.Y.), Hon. Lewis A. Kaplan (S.D.N.Y.), Hon. Gerard E. Lynch (S.D.N.Y.), and Hon. Stephen C. Robinson (S.D.N.Y.). Among the CLE topics to be addressed will be: ""Test Your Skills: The Federal Rules Challenge!""; ""When Does a Company's Cooperation With the Government Violate the Rights of its Employees?""; ""Timely Ethical Issues""; ""Monkey Business: From the Scopes Trial to Teaching Intelligent Design""; and ""Supreme Court Review"".

10-23-2006

Simpson Thacher Represents Peabody Energy in $900 Million Notes Offering and $2.75 Billion Credit Facility
The Firm represented Peabody Energy Corporation (“Peabody”) in a registered offering of $650 million aggregate principal amount of 7.375% senior notes due 2016 and $250 million aggregate principal amount of 7.875% senior notes due 2026. While Moody’s and S&P rated the notes below investment grade, Peabody was able to issue the notes with primarily investment grade covenants. The notes are guaranteed on a senior unsecured basis by all of Peabody’s domestic subsidiaries, subject to certain exceptions.

The Firm also represented Peabody in amending and restating its senior secured credit facility to provide $2.75 billion senior unsecured credit facilities consisting of a $1.8 billion revolving credit facility and a $950 million term loan facility, which includes a $510 million delayed draw sub-facility.

Peabody intends to use the net proceeds from the senior notes offering, together with the proceeds of the delayed draw term loans and a portion of the revolving credit facility, to consummate the acquisition of Excel Coal Limited, one of the largest independent coal companies in Australia.

Morgan Stanley & Co. Inc. and Lehman Brothers Inc. acted as joint book-running managers of the senior notes offering.

The Simpson Thacher team included Risë Norman, Christopher Frigon, Joshua Koenig and Melissa Heaton (Securities), Marissa Wesely, Christian Struck and Jinghua Zou (Credit), Marcy Geller, Noah Beck and Helena Wolin (Tax – Senior Notes), Robert Holo and Kurt Dudas (Tax – Credit Facilities), Adeeb Fadil and Noreen Lavan (Environmental), Jeanne Annarumma and Carl Berry (ERISA) and J.S. Dyer (Labor). Paralegals Lindsey Cei and Brendan Derr also provided valuable assistance to the deal team.

10-23-2006

New Resident Director Leads Miller Canfield's Grand Rapids Office.
The law firm of Miller, Canfield, Paddock and Stone, P.L.C. announces that Richard A. Gaffin has been appointed resident director of the Grand Rapids office. He will manage the office’s overall operations. He remains a principal and a managing director of the firm.

As a managing director, Gaffin is part of a five-person administration that works with the CEO and deputy CEO to oversee all of the firm’s 15 offices. He also serves as group leader of the Intellectual Property Group and deputy chair of the Litigation and Dispute Resolution Practice Group.

His practice encompasses intellectual property litigation, including patent, trademark, trade secret, and copyright litigation, litigation involving the enforcement of non-competition agreements, and litigation arising out of the sale of computer hardware and software. In addition, he advises companies in the licensing of technology and the protection of intellectual property developments.

He is a member of the American Bar Association, State Bar of Michigan, Federal Bar Association, Grand Rapids Bar Association, American Intellectual Property Law Association, and International Trademark Association. He serves as vice-president of the Kentwood Economic Development Corporation, and is active in numerous other community activities and organizations.

He received his law degree from the American University and his B.S. in Mechanical Engineering from Lehigh University.

10-23-2006

Loeb & Loeb Attorneys Recognized as WIN Outstanding Women for 2006
Loeb & Loeb LLP announced today that Ivy Kagan Bierman and Susan Zuckerman Williams, both partners in the Entertainment Department in the Los Angeles office, have been honored by the Women’s Image Network as WIN’s Outstanding Women (WOW!) for 2006. The attorneys will be recognized at the WIN Awards gala on November 1 at the Freud Playhouse at University of California, Los Angeles. The WIN Awards 2006 Co-Chairs are Susan Sarandon, Jane Fonda and Martha Luttrell. The event will be hosted by actor/comedian Harry Shearer.

Founded in 1987 as a not-for-profit corporation, Women's Image Network was formed to encourage positive portrayals of women in theater, television and film to alter limited perceptions of women in all walks of life. To implement its goals, WIN produces projects and hosts seminars, screenings and special events.

This year marks the first time that WIN will celebrate the WOW! List of outstanding women, who have demonstrated superior achievement in their respective fields. The WIN Awards are also presented in 10 competing film, television and advertising categories and will be produced before an audience of 1000 entertainment, media and advertising leaders.

“It comes as no surprise that Ivy and Susan have been selected for WIN’s award, and they are very deserving honorees” said John Frankenheimer, Co-Chair of Loeb & Loeb. “Both are recognized leaders in their respective fields of practice and admirable and engaged role models for the women of Loeb & Loeb.”

Ivy Kagan Bierman is one of a select few of entertainment labor lawyers looked to by producers, distributors, national advertisers and advertising agencies for representation in guild and union matters. She regularly counsels entertainment and advertising companies about the SAG, AFTRA, DGA, WGA, AFM, Teamsters and IATSE agreements and handles claims arising out of such agreements.

Ms. Bierman strategized with major entertainment companies with respect to the WGA and SAG negotiations and potential strikes. She advised several national advertisers in connection with the SAG Commercial strike. She was also one of the first attorneys to negotiate interactive and multimedia agreements with SAG, the WGA and the DGA.

Ms. Bierman currently advises clients with respect to the guilds' and unions' evolving positions regarding reality television, brand integration and the development and exhibition of content over the Internet and mobile devices. She currently represents several entertainment companies in connection with a series of entertainment industry-wide action lawsuits. Ms. Bierman also regularly provides sexual harassment, discrimination and non-fraternization training tailored to entertainment industry companies with ""edgy"" programming content.

Susan Zuckerman Williams is considered one of the leading experts in the area of film financing with vast experience in the legal and business aspects of complex debt and equity transactions providing capital to produce and distribute films. Recently, she represented Montecito Pictures led by Tom Pollock and Ivan Reitman, in the $200 million capitalization of Cold Spring Pictures, a new company formed to co-finance motion pictures under a first look deal with DreamWorks. She represents numerous domestic and international commercial lenders, hedge funds and other financial institutions in their film and media related transactions.

She is an expert in the structuring of co-production, tax incentivized and other so-called soft money transactions, both for film production in the United States and throughout the world as well as securitization transactions involving unique entertainment assets and multiple picture slate financing deals involving the major motion picture studios.

She is a frequent speaker and in June, 2006 was a featured panelist at the Los Angeles Film Festival’s annual Film Financing Conference held at UCLA.

10-23-2006

Lewis and Roca Associate Joins Board of Directors For The Children's Angel Foundation
Kristin E. Ellermann, an associate with Lewis and Roca’s Regulatory Practice Group, has joined the Hacienda Health Care board of directors for the Children’s Angel Foundation. The Children’s Angel Foundation is the fundraising arm for all facilities and programs under Hacienda Health Care.

“The Foundation’s work greatly moves me as it touches the lives of so many children in the Valley,” said Ellermann. “I am honored to join in the efforts to help improve those lives through volunteerism and financial support.”

Prior to joining the firm, she was an associate with Testa, Hurwitz & Thibeault in Boston. She received her J.D. from the University of Virginia Law School and her B.F.A. in painting and drawing from James Madison University. Ellermann is a member of the State Bars of Arizona and Massachusetts.

10-23-2006

Morante Named to Board of Advisors of Inter-American Dialogue's Financial Services Advisor publication
The Inter-American Dialogue is the premier center for policy analysis, exchange, and communication on issues in Western Hemisphere affairs. The Dialogue engages public and private leaders from across the Americas in efforts to develop and mobilize support for cooperative responses to key hemispheric problems and opportunities (www.thedialogue.org). The Financial Services Advisor addresses business and legal issues relevant to banks, insurance companies and other financial services companies doing business in Latin America.

Tom Morante is the head of Jones Walker’s Miami and D.C. offices and is co-chair of its Insurance, Banking & Financial Services Industry Group.

10-23-2006

Firm Honored By ABA Death Penalty Representation Project for Exceptional Pro Bono Contributions
Jenner & Block was honored by the American Bar Association’s Death Penalty Representation Project for “exceptional pro bono contributions” on behalf of Death Row prisoners at the Projects’ recent 20th Anniversary & Volunteer Recognition event.

Partner Terri L. Mascherin accepted the Volunteer Award on behalf of the Firm. Ms. Mascherin is the former Chair of the Project’s Steering Committee and has represented several Death Row inmates on a pro bono basis throughout her career.

In recognizing the Firm’s contributions, Robin M. Maher, Director of the Death Penalty Representation Project, emphasized the Firm’s representation of dozens of prisoners over the years on a pro bono basis and support of the project since its inception. She also noted that the Firm currently represents two Texas men through the project who are on Death Row and is involved in litigation in several states challenging the constitutionality of execution by lethal injection.

Ms. Maher praised the Firm’s recent efforts in Wiggins v. Smith, the 2003 U.S. Supreme Court decision that reaffirmed the importance of effective assistance of counsel in capital cases. Partner Donald B. Verrilli, Jr. argued the case before the Court and had led the Firm’s team representing Death Row inmate Kevin Wiggins over many years.

The ABA created the Death Penalty Representation Project in 1986 to raise awareness about the lack of representation available to death row inmates and to recruit competent volunteer attorneys.

Pictured, top from left: Partner Terri L. Mascherin and Ms. Maher.

Pictured, bottom from left: Partner Paul M. Smith, Partner David W. DeBruin, Partner Terri L. Mascherin, Associate Eric Berger and Partner Donald B. Verrilli, Jr.

10-23-2006

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