Law Firm News

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Law Firm News

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Thompson & Knight LLP

T&K Attorney Receives Legal Services of New York City Pro Bono Service Award
Thompson & Knight LLP is pleased to congratulate Ira L. Herman for receiving a Legal Services of New York City (LSNY) 2007 Pro Bono Service Award for his service on the Steering Committee for the New York City Bankruptcy Assistance Project (NYC BAP). The NYC BAP is a part of the LSNY network of legal services programs located throughout New York City. The awards were distributed at the LSNY Pro Bono Recognition Awards Reception on June 13, 2007 in New York.

The NYC BAP was launched in February 2006 in response to the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which made it more difficult for consumers to obtain relief from debts through bankruptcy. Through this project, attorneys from firms throughout New York City help low-wage workers file bankruptcy petitions in order to stabilize their lives and help them remain in the workforce. The Steering Committee oversees the work of the NYC BAP. To date, the NYC BAP has trained more than 200 attorneys, paralegals, and law students to provide bankruptcy relief to indigent debtors. The success rate for petitions prepared by NYC BAP participants has been 100%.

Herman is a Partner in the Corporate Reorganization and Creditors' Rights Practice Group of Thompson & Knight's New York office. He has more than 25 years of legal experience and focuses his practice on the representation of secured and unsecured creditor interests, debtors, committees, purchasers, indenture trustees, and Chapter 11 and 7 trustees in business bankruptcy cases, restructuring transactions, and workouts.

08-08-2007

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Sidley, Austin, Brown & Wood, L.L.P.

Former Illinois Solicitor General Gary Feinerman Joins Sidley Austin LLP as Appellate Partner
Sidley Austin LLP has announced that Gary Feinerman has joined as a partner with its Appellate and Litigation practices in the firm’s Chicago office. Feinerman was most recently Solicitor General of Illinois, where he managed more than 40 appellate lawyers in the Office of the Illinois Attorney General. Feinerman will focus his practice on conducting appellate and trial court litigation in state and federal courts, as well as arbitrations.

A highly respected appellate lawyer, Feinerman has significant experience arguing and briefing notable matters before U.S. and Illinois courts. Recent representations include six of the Illinois Supreme Court Justices in Thomas v. Page, a state appellate court case that established the judicial deliberation privilege in Illinois, and presenting briefs and argument for the State of Illinois in Illinois v. Lidster in the United States Supreme Court and Bridges v. State Board of Elections in the Illinois Supreme Court.

“Gary has a demonstrated ability to analyze the law and facts of a case in a way that is unusually persuasive before appellate courts,” said Carter Phillips, head of Sidley’s Appellate practice and managing partner of the firm’s Washington, D.C. office. “His stellar record of effectively briefing and arguing complex issues will make him a wonderful resource for Sidley’s clients, but beyond that, Gary is a pleasure to work with, which makes him a perfect fit for the kind of collegial practice Sidley values.”

“I am joining Sidley because it will be especially rewarding to work with its talented team of appellate advocates, led by Carter Phillips, who I’ve long admired,” said Feinerman. “I am looking forward to helping to grow the Appellate practice nationwide and especially in Chicago, where I started my career as a summer associate.”

Feinerman received his J.D. from Stanford Law School and his B.A. from Yale College. He clerked for Judge Joel M. Flaum of the U.S. Court of Appeals for the Seventh Circuit and Justice Anthony M. Kennedy of the U.S. Supreme Court, and has served in the U.S. Department of Justice and the Office of the Counsel to the President. Feinerman has also presented on numerous panels, including an appearance last month with Illinois Supreme Court Justices Rita Garman and Anne Burke for a presentation on appellate practice for the National Association of Women Lawyers. His numerous civic roles include serving as Secretary of the Appellate Lawyers Association of Illinois and a board member for the Umoja Student Development Corporation.

One of the first law firms to have a dedicated appellate group, Sidley’s Appellate practice is national in scope, consisting of approximately 100 lawyers representing clients before the United States Supreme Court, state supreme courts, federal courts of appeals and other appellate forums. Sidley’s appellate lawyers have handled appeals in every United States Court of Appeals and in a majority of the state supreme courts. They also have significant experience in urging the United States to support actions taken by the firm’s clients in the Supreme Court and in other courts. One of the practice’s particular areas of experience is bringing law suits to challenge the constitutionality of state and federal laws and regulations.

08-08-2007

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Morrison & Foerster, LLP

Morrison & Foerster Advises ReNeuron Group plc on U.S. Stem Cell Acquisition
Lawyers from the London office of Morrison & Foerster are advising ReNeuron Group plc, a leading UK-based stem cell therapy business, on the acquisition of the business assets of AmCyte Inc., a development stage cell therapy company based in Santa Monica, California.

ReNeuron is acquiring AmCyte's proprietary cell encapsulation technology, together with its U.S. laboratories and staff. ReNeuron intends to combine its own well-characterised, scalable pancreatic cells with AmCyte's cell encapsulation system, in order to produce a best-in-class islet cell therapy for Type 1 diabetes patients.

The acquisition gives ReNeuron an operational presence in California, one of the world's leading centres for both academic and commercial stem cell research and development, and also enables the Company to explore other therapeutic cell types where ReNeuron's cell expansion technology and AmCyte's encapsulation system may deliver significant therapeutic benefit.

Morrison & Foerster fielded a cross office team of lawyers from its firms London and California offices. The team included Partners Paul Claydon, Kristian Wiggert, Jonathan Dickstein and Mike Ward and associates James Halstead, Stephanie Wingader, Mark O'Donnell and Otis Littlefield.

Corporate partner,Paul Claydon, commented, “The UK is renowned for its position at the cutting edge of stem cell research. The acquisition of U.S. stem cell technology by companies such as ReNeuron, shows that UK companies can and are positioning themselves as world leaders in this new and dynamic area.”

08-08-2007

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Leonard, Street and Deinard

Leonard, Street and Deinard attorney Jim Bertrand discusses a company's efforts to help businesses reduce carbon emissions
Leonard, Street and Deinard Shareholder Jim Bertrand is quoted in the article, “Firm tracks carbon footprints of giants,” published in the July 20 issue of The Business Journal. In the article, Bertrand provides industry commentary on one company's efforts to help businesses reduce carbon emissions.

08-08-2007

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Jenner & Block LLP

Firm Advances Argument for Supreme Court Review of First Amendment Standard for Censorship of Prisoner Mail
Continuing the Firm’s pro bono efforts to urge the United States Supreme Court to review a Seventh Circuit decision which upheld the censorship of a Wisconsin prisoner’s outgoing mail, Jenner & Block attorneys Barry Levenstam, Howard S. Suskin and Shorge K. Sato recently filed a reply brief in support of the Firm’s petition for writ of certiorari, which was filed with the Court earlier this year.

The reply brief, which marks the final stage in the certiorari process prior to the Court’s decision to grant or deny review, was filed after the Supreme Court took a rare step requesting the State’s response to the Firm’s petition, despite the State’s prior waiver of this option. The reply brief advances the Firm’s request that the Supreme Court resolve whether the First Amendment permits censorship of a prisoner’s outgoing mail on general rehabilitative grounds, and to otherwise settle a substantial conflict in the federal appellate courts as to the appropriate standard of review for the censorship of outgoing prisoner mail.

The Firm’s client, who at the time was a prisoner at the Wisconsin Secure Program Facility, wrote a letter in 2002 to Northern Sun, a retail catalog that merchandises politically-themed t-shirts, posters and other materials. In the letter, he wrote that “prison reform is not as well represented as is needed” in the Northern Sun catalog and enclosed some suggested drawings for their review. Rather than mail his letter, prison officers seized and destroyed the client’s outgoing mail “because the prisoner used a swastika symbol as part of a political message criticizing the prison system” in one of his drawings.

After exhausting his administrative remedies, the client brought a pro se civil rights claim in federal court alleging that the prison’s censorship of his mail violated his First Amendment rights. Although the district court recognized that the prisoner was not, in fact, a white supremacist, they granted summary judgment to the state because the drawing was incompatible with the client’s “general rehabilitative interests.”

Jenner & Block became involved upon a referral from the Uptown People's Law Center after the decision by the U.S. Court of Appeals for the Seventh Circuit was entered upholding the district court's decision. While the Firm’s petition for en banc review was denied, three Seventh Circuit judges voted to rehear the case.

The Firm’s reply brief addresses several points brought up in the State’s brief opposing review in this case. The attorneys say that the respondents’ arguments “merely highlight the reasons this Court should grand, not deny, this petition.” Highlighting a substantial circuit split regarding the First Amendment standard of review to apply to claims of outgoing prisoner mail censorship, the reply brief argues that the respondents “attempt to downplay [the] significance” of the controversy and fail to acknowledge the fundamental distinctions between the two standards of review used by the courts.

In addition, the reply brief accentuates that the Supreme Court should grant certiorari to clarify whether the First Amendment permits the censorship of outgoing prisoner mail in furtherance of general inmate rehabilitation. The reply brief states that the Seventh Circuit ruling would allow the censorship of the very speech protected in Procunier v. Martinez, 416 U.S. 396 (1974), “which struck down a policy generally authorizing the censorship of outgoing mail containing ‘inflammatory, political racial, religious, or other views’ or ‘otherwise inappropriate’ content.”

"Our right to know about conditions inside our nation's prisons is inextricably tied to the right of prisoners to correspond candidly with the outside world,” said Mr. Levenstam. “This case should be reviewed because giving prison officials editorial control over the content of prisoners’ outgoing correspondence serves no correctional purpose, but is a license to censor disfavored viewpoints."

The Supreme Court will determine if it will grant certiorari in this case at a conference scheduled for September 24.

08-08-2007

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Jenner & Block LLP

Jenner & Block Partners and Practices Recognized in 2007 Chambers USA Directory of Leading Practitioners
Twenty-nine Jenner & Block Partners and many of the Firm’s practice areas were recently featured in the 2007 edition of Chambers USA, a widely distributed directory that recognizes law firms and attorneys who according to their research have demonstrated “technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment” and other qualities valued by clients. Chambers’ 2007 rankings are based on over 14,000 interviews with clients and other attorneys.

Below is a summary of Chambers’ commentary on the Firm’s practices that were featured in the publication, including the geographic area in which Chambers chose to highlight that practice. Also below is a list of the attorneys who were individually recognized in the publication, listed by practice area.

Antitrust (Illinois): Chambers praised Jenner & Block’s “significant” antitrust practice, reporting that clients have experienced the practice’s strengths in a number of areas. It also noted efforts to “broaden” the practice – after Chambers went to press, for instance, Jenner & Block bolstered its antitrust practice with the addition of six attorneys who recently practiced as Freeman, Freeman & Salzman, an antitrust and complex litigation boutique Chambers praised as “superb.”

Appellate (National & Washington, DC): Chambers reported that Jenner & Block’s Appellate & Supreme Court Practice is “seasoned” and “robust,” and is widely acknowledged for its “ubiquity,” with sources reporting that its attorneys are regularly seen “arguing cases up and down the country.” The practice’s attorneys “can really make a brief sing” the publication said.

The Firm’s appellate attorneys from its Washington, DC office were also recognized as “incredibly astute lawyers,” who are “very good at dealing with people” and “both understand and articulate the law in order to make incredibly compelling arguments.”

Bankruptcy/Restructuring (Illinois): The Firm’s Bankruptcy, Workouts and Corporate Restructuring Practice is known “as one of the stronger players in Illinois,” Chambers said. The directory noted it’s a “top firm with a lot of credibility” in this area.

Communications & Telecom, Broadcast & Satellite: Regulatory (Illinois & Washington, DC): The attorneys in the Firm’s Telecommunications Practice generate “high-quality work, are always efficient and have good client interaction skills,” Chambers said, adding that the practice continues to be highly rated for its “litigation expertise in particular, both in courts and regulatory agencies.”

Corporate/M&A & Private Equity (Illinois): Jenner & Block's Corporate, M&A and Private Equity Practices were recognized by Chambers as being among the best in Chicago.

Environment (Illinois): Jenner & Block’s Environmental, Energy and Natural Resources Law Practice was praised as being a “premier, top-drawer” practice that “is just spectacular in every regard” and “continues to develop in strength and size.” Chambers also said the practice was singled out for its “strong ethics” and hailed for its “diverse workforce and pro bono work.”

Government Contracts (National): Chambers praised Jenner & Block’s “strong and growing” Government Contracts Practice, adding that it has been hired for “bet-the-company matters.” “They treat us like their most important client, which very few firms do,” one commentator told Chambers.

Insurance Coverage Litigation (Illinois): The Firm’s “exceptional” Insurance Litigation & Counseling Practice is “clearly synonymous with excellence,” Chambers reported. The directory added that commentators say “they are at the top of their game in the insurance field” both within Illinois and other jurisdictions.

Intellectual Property (Illinois): Chambers said Jenner & Block is a “go-to firm for patent litigation,” that regularly handles “bet-the-company” matters and added that the Firm’s “prosecution capabilities are becoming increasingly recognized.”

Litigation: General Commercial & White Collar Crime and Government Investigations (Illinois): Clients continued to praise the Firm’s “historically strong” Litigation Department, telling Chambers that “in a nut-crunching case, you know Jenner & Block will be there,” and meanwhile noted its “universally admired pro bono practice.” In addition, Chambers highlighted Jenner & Block’s White Collar Criminal Defense and Counseling Practice saying that it “more than holds its own.”

Media & Entertainment (Illinois & Washington, DC): Chambers reported that its research shows attorneys consider the Firm’s Media & First Amendment Practice in both its Chicago and Washington offices to have “creative problem solvers” who possess “a vast amount of knowledge and experience” in the media field. Its attorneys, Chambers said, are “highly recommended, well-respected and high-quality,” and have “a hand in everything,” from First Amendment work to its “unique niche” in the video games arena.

Real Estate (Illinois): Chambers noted that the Firm’s Real Estate Practice has “impressive local knowledge” that leads to a “significant amount of repeat business.”

Tax (Illinois): Jenner & Block's Tax and Tax Controversy Practices were recognized by Chambers as being among the best in Chicago, handling tax matters in M&A, spin-offs, financing and real estate transactions, as well as representing clients in audits and IRS appeals.

In addition, the partners listed below were ranked among the leading Chicago and DC practitioners in the following practice areas

08-08-2007

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Jenner & Block LLP

Malik Discusses Strategic Mergers & Acquisitions at ACC Panel
Using strategic mergers and acquisitions to drive a company’s business goals was the topic of the Chicago Chapter of the Association of Corporate Counsel's (ACC) panel discussion held on July 18 at the Firm’s Chicago office. Panelists included Deidra Gold, Executive Vice President and General Counsel of Wolters Kluwer North American Shared Services, Paul Tennola, Vice President-Business Development of Wolters Kluwer Tax and Accounting and Partner Thaddeus J. Malik, Co-Chair of the Firm’s Mergers & Acquisitions Practice.

Ms. Gold credited the increase of significant private equity funding as one of the reasons for the vast number of deals taking place in today’s business environment. However, to execute a successful M&A transaction, an organization must "not only look at the financial sides of a deal, but also at the strategy behind it," Mr. Tennola said. M&A transactions should be viewed as a continuing process for organizations, Ms. Gold said, and a "complement for, not a replacement of, organic growth."

From the beginning of an M&A process, Mr. Malik noted, it is important to involve a legal representative that provides the skills and knowledge of the potential opportunities and risks of the transaction. Ms. Gold stated that in her professional experience, she "aggressively stands by" from the very beginning, meaning that she lends her legal and business expertise to a potential transaction to identify its value, while allowing the deal’s processes to take place. The role that legal counsel plays in an acquisition, said Mr. Tennola, can really "make or break the transaction."

Ms. Gold highlighted the importance of having clear and replicable M&A processes, which aids in successful M&A transactions. Mr. Malik noted that when transactional work is standardized, deals can be completed at a faster rate, which also helps fuel the market for future deals.

Successful M&A processes are also better able to scale to the size and nature of the deal, said Mr. Tennola. For example, he stated, relatively smaller entities within the market often have solid business experience, but may not be as well-versed in M&A best practices, and having a good process in place will help both sides complete the deal in an efficient manner.

The ACC is an organization which promotes the continued education of in-house attorneys and encourages advancements in corporate legal practice standards.

Pictured (from left to right): Ms. Gold, Mr. Tennola and Mr. Malik

08-08-2007

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