Law Firm News

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Law Firm News

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Hall & Evans, L.L.C.

Healthcare Motion Dismissed -- Cristin Mack
Cristin Mack was recently successful in having a dispositive motion in a lawsuit filed against a healthcare professional in Grand Junction, Colorado. Congratulations Cristin!

07-14-2006

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Hall & Evans, L.L.C.

Deficiency Trial -- Favorable Outcome!
Congratulations to George Koons who won a substantial commercial deficiency trial. In addition to the total award, the judge awarded his client pre-judgment interest and attorney's fees.

07-14-2006

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Zuckerman Spaeder LLP

Jennifer Rae Coberly Receives Sookie Williams Award
Zuckerman Spaeder LLP partner Jennifer Rae Coberly was honored at the Dade County Bar Association's 90th Annual Installation and Awards luncheon with the Sookie Williams Award. The award, given for exemplary service to the Miami-Dade Legal Community, was presented in recognition of Coberly's six years service on The Florida Bar board of governors, and her service as a president of the Florida Association for Women Lawyers, where she has been a vigorous advocate for professionalism, ethics and diversity in the legal profession.

Ms. Coberly focuses her practice on complex commercial litigation, with significant experience in international and class action litigation. She counts among her clients national health care services providers, a global communications corporation, and international financial institutions. Ms. Coberly worked as a trial consultant before attending law school.

Ms. Coberly is currently serving her second term on the Florida Bar Board of Governors. In 1998 she served as president of the Florida Association for Women Lawyers (FAWL). She also served as vice-president and secretary of the FAWL's Dade County Chapter. She was recently honored by the Dade County Chapter of FAWL for outstanding achievement, and in 1999 the University of Miami Law Women gave her the ""Women Who Make A Difference"" Award. In 2001, Ms. Coberly was honored as a Price Waterhouse ""Up & Comers Award"" finalist, and she was named one of Florida's ""Legal Elite"" by Florida Trend Magazine, and is listed as a ""Top Lawyer"" in the 2006 & 2007 edition of the South Florida Legal Guide.

07-14-2006

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Wiley, Rein & Fielding, L.L.P.

California Court of Appeal Reverses Class Certification in Pfizer Inc. v. Galfano
In an important decision for businesses and advertisers that do business in California, the California Court of Appeal has reversed a trial court’s certification of a class action lawsuit on the grounds that the certification violated a voter-approved requirement that lawsuits may only be brought on behalf of parties that have suffered injury. Wiley Rein & Fielding partners John E. Barry and Bert W. Rein and associates William S. Consovoy and Thomas R. McCarthy filed an amici curiae brief in the case on behalf of the U.S. Chamber of Commerce, the Association of National Advertisers, Inc. and the Coalition for Healthcare Communication urging the result reached by the Court of Appeal.

In 2004, California voters approved Proposition 64, which amended California’s Unfair Competition Law to require that actions may be commenced and maintained in the name of a private citizen only if the putative plaintiff “has suffered injury in fact and has lost money or property as a result of such unfair competition.” The amendment also banned private citizens from filing representative actions on behalf of the public. In Galfano, the trial court certified a class action suit against Pfizer notwithstanding that the class representative made no showing that each member of the class had suffered actual economic injury.

Mr. Barry said of the decision, “The California Court of Appeal’s July 11, 2006 decision in Galfano refusing to certify a class action unless all members of the class have suffered injury in fact is an important victory for companies and advertisers that do business in California, because it upholds the clear intent of the California citizens who voted to curb abusive litigation tactics when they approved Proposition 64, and it vindicates the common sense principle that private lawsuits should be maintained only in the names of parties that claim to have suffered actual injury.”

WRF’s amici curiae brief argued that the trial court’s ruling ignored the plain letter and intent of Proposition 64. WRF argued separately that the trial court’s decision should be reversed on the ground that the trial court’s construction of the Unfair Competition Law violated both the First Amendment to the U.S. Constitution and the Free Speech Clause of the California Constitution.

In reversing the trial court’s ruling, the Court of Appeal held that the trial court’s construction of Proposition 64 ignored the prohibition on private actions for general public benefit and improperly extended class membership to individuals who had not suffered injury in fact and could not maintain claims on their own. Because the court decided the case on the statutory grounds urged by Pfizer and its supporting amici, it did not reach the First Amendment issues raised by the trial court’s troubling construction.

07-14-2006

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Wiley, Rein & Fielding, L.L.P.

WRF to Sponsor “Law Day” Program for D.C. Charter School
Wiley Rein & Fielding will join the Courts, Lawyers and Administration of Justice section of the D.C. Bar in sponsoring the 2006 summer “Law Day” program for Thurgood Marshall Academy, a public charter high school in the District. Through the Law Day program, students entering high school at Thurgood Marshall Academy are introduced to legal topics and problem solving.

Thurgood Marshall Academy’s unique “law-related” approach to education regularly integrates issues of justice, law and government into the curriculum. WRF has supported the Law Day events for several years as one of its pro bono initiatives. This year’s summer Law Day will take place at D.C. Superior Court, where the students will have the opportunity to meet in small groups with judges as well as complete exercises on legal issues that relate to the students’ everyday lives.

Thurgood Marshall Academy was founded upon the belief articulated by U.S. Supreme Court Justice Thurgood Marshall that all children have the right to a first-class education and the opportunity to reach their full potential. WRF partner Laura A. Foggan, who coordinates the firm’s sponsorship of the Law Day event, said “A large number of WRF’s attorneys are enthusiastic volunteers every year to teach on Law Day. This is a rewarding experience for the pro bono volunteers, as well as for the students entering Thurgood Marshall here in DC.

07-14-2006

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Weil, Gotshal & Manges, LLP

Weil Gotshal Advises Premier Foods on Its GBP460 Million Acquisition of the UK and Irish Businesses of Campbell Soup and Their GBP450 Million Rights Issue
International law firm, Weil, Gotshal & Manges, has advised Premier Foods plc on its £460 million acquisition of the UK and Irish businesses of Campbell Soup Company. As a result of the acquisition, Premier will acquire a portfolio of brands including Oxo, Batchelors, Homepride and Fray Bentos.

Premier proposes to fund the acquisition primarily through a fully underwritten rights issue of ordinary shares to raise proceeds of approximately £450 million. The acquisition and the rights issue are conditional on, amongst other things, shareholder approval. Completion of the acquisition is expected to occur following shareholder approval and before the rights issue closes. Premier has arranged a bridge finance facility of £450 million for this purpose, and is also arranging an additional £305 million of facilities under their existing debt arrangements.

The Weil Gotshal team was led by Corporate partners Mike Francies and Ian Hamilton, assisted by associates John Newton, Oliver Williams and Nicholas Alston. Corporate partner Andrew McLean led the Commercial team and Barry Fishley led the Intellectual Property team. Finance advice was provided by partner Richard Ginsburg assisted by associates Michael Nicklin and Akhil Sharma. Sarah Priestley, partner, provided tax advice. Partner Doug Nave provided competition advice, Joanne Etherton, of counsel, provided pensions advice, Rupert Jones, of counsel, provided property advice and associate Peter van Keulen provided employment advice.

We have advised Premier on several M&A transactions including:

In February 2005, we advised Premier Foods on its agreed acquisition of Bird's Custard and Angel Delight and associated brands from Kraft Foods Inc for €70 million.
In June 2005, we advised Premier Foods on its acquisition of Marlow Foods Holdings Ltd, the owner of Quorn, the UK's leading meat alternative, from Montagu Private Equity for £172 million.
In October 2005, we advised Premier Foods in relation to the sale of its tea business comprising Typhoo, London Fruit & Herb, Lift and other associated brands, its own label contracts and Premier's tea blending and packing facilities at Moreton, Wirral, to Apeejay International Tea Limited, a subsidiary of the Apeejay Surrendra Group, for £80 million.

07-14-2006

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Thacher Proffitt & Wood LLP

Asset-Backed Alert: Thacher Proffitt #1 Issuer Counsel for US ABS and MBS
Thacher Proffitt was mentioned in a survey done by Asset-Backed Alert's July 14th issue. The firm was ranked as follows:

#1 - Issuer Counsel for US ABS and MBS
#2 - Underwriters Counsel for US ABS and MBS

07-14-2006

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