Law Firm News

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Law Firm News

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Kirkland & Ellis

The Defense Hot List
Maybe it wasn't the beginning of the end, or even the end of the beginning, but at the very least U.S. District Judge Lewis Kaplan's point was clear when he rejected on Fifth Amendment grounds statements made to prosecutors by various former KPMG executives accused of promoting legally dodgy tax shelters. It was one ruling in one case, but Kaplan managed to fire up a corporate defense bar that to that point had done little more than fulminate about a growing ""culture of waiver"" in white-collar crime investigations.

It was the sort of standout defense work we wanted to call attention to when we launched our Defense Hot List last year. Now as then, we looked for firms with an overall impressive track record that scored at least one significant defense win within the past 12 months. We're most interested here in firms that prevailed in a bench or jury trial, especially when the financial stakes were high, or where a win might set the tone for litigation strategy or determine the outcome of similar cases nationally. We expected nominees to devote at least half of their litigation resources to defense work.

We asked our readers to nominate defense firms that managed exemplary, cutting-edge work on the defense side. We supplemented the scores of submissions with our own research.

Vinson & Elkins' result in the KPMG case may have inspired more circumspection among prosecutors in white-collar criminal cases, as staff reporter Pamela A. MacLean reports. It also points to the essentially conservative nature of the enterprise-for financial and institutional reasons it is individual defendants, more than corporations, who are contesting the government's tactics.

In a separate case, highlighted by contributor Emily Heller, members of the defense team resisted an aggressive approach to silica mass tort litigation as being perhaps overly hasty. Here, however, the less cautious posture succeeded so well that it has become a winning template for all manner of mass tort defense.

Another factor that stands out is the capacity of a major defense firm, backed by a wealthy corporation, to marshal the teams of researchers, experts and litigators capable of sustaining the hard slog of protracted litigation.

Arnold & Porter, for example, was put in charge of Wyeth's diet drug mass tort defense nearly a decade ago. In that time, the firm fashioned an innovative global settlement agreement creating a trust to benefit fen-phen users, orchestrated removal to federal court and directed mopping-up actions this year against opt-out plaintiffs in New Jersey and Pennsylvania.

A little tact apparently comes in handy, too. In the Hanford Nuclear Reservation litigation (in court since the early 1990s, both at the trial and the appellate levels), the plaintiff confronting Kirkland & Ellis was dying from radioactive milk fed to her as a babe in arms on her family's farm. The only recognized cause for her form of thyroid cancer was the iodine-131 traceable to the nuclear site. It takes a deft touch to prevail upon a litigation landscape like that. Kirkland had it.

Once again, our admittedly idiosyncratic list tilts toward the big firms, but that doesn't mean there's not room for litigation boutiques like Keker & Van Nest, which scored for intellectual property litigation and for helping Google China hire away a key executive over Microsoft Corp.'s ardent objections. We also found room for Beck, Redden & Secrest, a 31-attorney Houston boutique that ventured into hostile territory in Beaumont, Texas, to keep Wyeth from getting stuck with another $1 billion diet-drug verdict.

Finally, we found that even firms that didn't quite make the list had lessons to teach-like when Proskauer Rose's Bert Deixler discovered that sometimes a lawyer just has to relax and let his client's freak flag fly.

08-21-2006

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King & Spalding

King & Spalding Among Top 10 Law Firms for FORTUNE 250
King & Spalding is one of the top 10 firms FORTUNE 250 companies rely upon for outside legal advice, according to Corporate Counsel magazine's annual ""Who Represents America's Biggest Companies?"" survey. Corporate Counsel found that King & Spalding ranked 9th among all U.S. law firms based on its total number of representations of FORTUNE 250 companies in the areas of litigation, intellectual property, labor and employment and corporate transactions.

The firm also ranked 4th for its representation of litigation clients in the FORTUNE 250 and 5th for intellectual property.

Corporate Counsel conducts its ""Who Represents?"" survey annually by polling general counsel at FORTUNE 250 firms for their primary law firms in several categories. This is the third straight year King & Spalding has appeared in the top 10.

08-21-2006

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Hodgson Russ LLP

Paul M. Frank appointed to New York City Bar committee
Mr. Frank was recently appointed an at-large member of the New York City Bar’s Council on International Affairs.

The Council on International Affairs coordinates the activities of all New York City Bar committees that address international affairs and considers broad-based international issues. Mr. Frank previously served as a member of the bar association’s Committee on Foreign and Comparative Law.

Mr. Frank counsels manufacturing, mining, cement, and other corporations on a wide range of corporate matters. His clients include major Latin American and European corporations operating in the United States, as well as American corporations. His experience includes representing U.S. companies in the mining and metals and food processing industries in Peru, Chile, and Honduras, and he served as counsel to the trade association of the tire and rubber industry and to several rubber industry shippers associations.

With more than 230 attorneys practicing in all major areas of law, Hodgson Russ is among the 200 largest law firms headquartered in the United States. Over the past year, the firm has tripled its roster of Manhattan-based attorneys to provide an even wider range of services and increased depth in important niche practice areas, including federal, multi-state, New York State, and local tax; intellectual property; estates and trusts; litigation; commercial real estate; securities; immigration; employment law; and health law. Established in 1817, Hodgson Russ is among the oldest law firms in the United States. Hodgson Russ has offices in New York, Albany, Buffalo, and Johnstown, New York; Boca Raton, Florida; and Toronto, Ontario, Canada.

08-21-2006

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Godfrey & Kahn

Godfrey & Kahn Attorney Jack Bode Appointed to Waukesha County Water Conservation Coalition
The law firm of Godfrey & Kahn, S.C. is pleased to announce that Jack Bode, an attorney in the firm’s Litigation and Corporate Practice Groups in the Waukesha office, has been appointed to the Waukesha County Water Conservation Coalition by Dan Vrakas, Waukesha County Executive, and Dale Shaver, Director of the Waukesha County Department of Parks and Land Use. The leader of Godfrey & Kahn’s Water Rights Team, Bode will work with members of the coalition to prepare and implement a regional water conservation education strategy targeted to the general public, local public policy makers and businesses.

Bode is president of Friends of Beaver Lake Inc.; past board member and past commodore of the Beaver Lake Yacht Club; and Executive Council member of Wisconsin Trout Unlimited. He is a member of the Waukesha County Bar Association, the State Bar of Wisconsin and the American Bar Association.

Founded in 1957, Godfrey & Kahn maintains offices in Milwaukee, Madison (La Follette Godfrey & Kahn), Appleton, Green Bay, and Waukesha, WI; Washington, DC; and Shanghai, PRC. With more than 190 attorneys, Godfrey & Kahn provides legal and business advice to clients ranging from small businesses and governmental entities to large privately and publicly held national and international companies.

08-21-2006

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Dechert LLP

Easton Capital Files for China SPAC
Beijing-based Pantheon China Acquisition Ltd., a blank check special purpose acquisition company (SPAC) owned by New York based - Easton Capital Investment Group, has filed to raise $30 million through an IPO in the U.S. "There have been a few of these SPACs that have focused on China. This is far from the first one," noted David Rosenthal, partner at Dechert LLP. "It is an opportunity to capitalize on the interest of U.S. investors to invest in China...It is relatively small compared to some of the recent ones that have been done, where you see them in the $100 million range or bigger." No acquisition candidates have been approached yet by Pantheon China. "As a technical matter they're not supposed to have a specific target in mind, according to SEC rules," said Rosenthal. "Generally, the requirement is that they have to use around 80% of their cash to acquire one entity. You can't use it like an investment company where you can make multiple investments." He added, "The insiders do well in these deals if they get a good target to acquire. It's a way to diversify their investment opportunities, so they basically get a pot of money to invest in a particular business and investment area that they have expertise in. Typically, if they do a deal within the time frame that SPACs permit, which is anywhere up to two years, they can get a nice return on their capital.

08-21-2006

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Cleary, Gottlieb, Steen & Hamilton, L.L.P.

ACON-Bastion Partners in Formation of New Leveraged Buyout Fund
Cleary Gottlieb represented ACON-Bastion Partners in forming its new leveraged buyout fund, ACON-Bastion Partners II, L.P. and related ""club"" fund, ACON Investment Partners. The initial closing of the fund included total commitments in excess of $310 million, with expected total commitments of approximately $600 million during the fourth quarter of 2006.

The unique structure of the fund permits investors to choose between a committed pool and a discretionary co-investment pool with over $65 million in commitments. The discretionary co-investment pool will make investments alongside the main fund, allowing investors to increase their exposure on a deal-by-deal basis. The fund will focus on middle-market private equity investments in the United States and Canada based on three broad themes: investments in demographic growth/Hispanic-themed companies; investments in firms currently suffering from elements of operational or balance sheet turmoil; and investments in the energy and energy services sector.

08-21-2006

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Lewis and Roca LLP

Lewis and Roca Attorneys Named to State Bar Section Boards
Lewis and Roca is pleased to announce that eight members of the firm have been elected to the executive councils of State Bar of Arizona sections and committees. Emily A. Bayton, associate in the Intellectual Property and Technology practice groups, elected to Executive Council of the Intellectual Property Section; Rob Charles, partner in the Finance and Bankruptcy practice groups, re-appointed Chair of the Rules of Professional Conduct Committee; Kimberly A. Demarchi, associate in the Litigation practice group, elected to Executive Council of the State Bar Appellate Practice Section; Scott D. DeWald, partner in the Corporate practice group, elected Secretary of the Executive Council of the Business Section; Abbe M. Goncharsky, associate in the Employment and Commercial Litigation practice groups, President-Elect of the Arizona State Bar Young Lawyers Division; Gregory Y. Harris, partner in the Business practice group, re-elected Secretary of the Administrative Law Section; Amy J. Welander, associate in the Business practice group, elected to the Executive Council of the Real Property Section; and Jeffrey G. Zane, associate in the Commercial Litigation and Construction practice groups, elected Young Lawyers Division representative for the Construction Committee.

Ms. Bayton is an associate in the firm’s Intellectual Property and Technology group. She focuses her practice primarily in the areas of trademarks, copyrights, advertising/promotions law and cybersquatting. Prior to joining Lewis and Roca, Bayton completed a clerkship in the areas of intellectual property, privacy and website compliance at Meredith Corporation. Bayton received her J.D. from the University of Iowa College of Law and her B.B.A. from the University of Iowa (Honors in Business Administration).

Mr. Charles is a partner in the firm’s Finance and Bankruptcy practice groups, practicing throughout Arizona and Nevada. He represents clients in business bankruptcy cases, commercial lawsuits and business transactions. He works extensively with lenders and borrowers out of bankruptcy in all aspects of debtor/creditor relationships, including workouts and litigation. Clients range from agricultural lenders to national banks to sellers with carryback interests. Charles received his J.D. from the University of Arizona, James E. Rogers College of Law (with Distinction) and his B.A. from the University of Arizona.

Ms. Demarchi is an associate in the firm’s Litigation group and focuses her practice in appellate advocacy and public law. In her appellate practice, Demarchi represents clients on appeal in state and federal courts, as well as in special action proceedings in Arizona courts. Prior to joining Lewis and Roca, Ms. Demarchi clerked for the Honorable Ruth V. McGregor of the Arizona Supreme Court and the Honorable Mary M. Schroeder, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit Demarchi received her J.D. from Yale Law School, her B.S. in History (summa cum laude) and B.S. in Political Science (summa cum laude) from Arizona State University.

Mr. DeWald is a partner in the firm’s Corporate practice group. He focuses in the areas of corporate, securities, mergers and acquisitions, lending and other commercial transactions, with particular emphasis on the legal needs of high-tech, e-commerce and emerging companies and limited liability companies. DeWald has represented issuers, underwriters and venture capital investors in connection with public and private offerings of debt and equity securities, including debentures and preferred stock financing transactions spanning start-up capital, “second tier” venture capital and initial and secondary public offerings. DeWald received his J.D. from University of Chicago Law School, his M.B.A. from University of Chicago Graduate School of Business, and his B.A. from Yale University.

Ms. Goncharsky is a member of the Employment and Commercial Litigation practice groups, concentrating her practice on representing businesses in state and federal courts, before administrative agencies, and in governmental investigations. In 2005, the Volunteer Lawyers Program recognized Goncharsky with its Lifesaver Award for her work on legal relief efforts for victims of Hurricane Katrina. Goncharsky received her J.D. (cum laude) from the University of Arizona, James E. Rogers College of Law, her B.S. in Psychology (magna cum laude) and B.A. in Sociology from Tulane University.

Mr. Harris is a partner in the firm’s Business group. He practices in the areas of government relations and administrative and regulatory law. Harris has extensive experience before the Arizona Legislature and appearing before state and federal agencies and in state and federal court. Before joining the firm, Harris worked as the Executive Assistant Director for the Arizona Department of Insurance where he served as the Department’s legislative liaison, rule-drafting coordinator, liaison to the National Association of Insurance Commissioners, and media spokesperson. Harris received his J.D. from Arizona State University College of Law and his B.A. from Arizona State University.

Ms. Welander is a member of the Business practice group and focuses her practice primarily on commercial real estate transactions and other real estate matters. Welander assists clients in the acquisition, sale and development of vacant and income-producing properties and commercial leasing. Welander received her J.D. from Arizona State University College of Law (cum laude) and her B.S. in Business Administration/Finance from the University of Arizona (summa cum laude).

Mr. Zane is an associate with the firm’s Commercial Litigation and Construction practice groups. Prior to joining Lewis and Roca, Zane was a judicial intern for the Honorable Burton R. Lifland at the U.S. Bankruptcy Court in New York, New York. Zane received his J.D. from New York University School of Law, his Ph.D. in American History from University of Notre Dame, and his B.A. in History from Western Washington University.

08-21-2006

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