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

Wiley Rein Attorneys Author Report Detailing $50 Billion in State Subsidies to the Chinese Steel Market
Wiley Rein International Trade attorneys Alan H. Price, Timothy C. Brightbill and Christopher B. Weld and consultant D. Scott Nance have authored Money for Metal: A Detailed Examination of Chinese Government Subsidies to its Steel Industry, an extensive study that concludes that the Chinese steel industry has benefited from massive government subsidies, many of which violate China’s World Trade Organization obligations. The report documents more than $50 billion in such subsidies granted to Chinese steel producers, subsidies that have fueled the unprecedented expansion of China’s steel industry and the sharp increase in China’s steel exports, at the expense of its international competitors. The study also finds that Chinese government ownership and control of the steel industry is far greater than previously reported.

The study, which was sponsored by the American Iron and Steel Institute (AISI), the Steel Manufacturers Association (SMA), the Committee for Pipe and Tube Imports (CPTI), and the Specialty Steel Industry of North America (SSINA), expands upon earlier research through a detailed review of the financial statements of leading Chinese steel producers.

Mr. Price, an expert on Chinese subsidy issues and leader of the firm’s nationally recognized antidumping and countervailing duty practice, commented, “China’s massive subsidies and pervasive government control of its steel industry are unprecedented and violate WTO rules. Eight of the ten largest Chinese steel groups are 100 percent controlled by the Chinese government, and more than 90 percent of the production of China’s top 20 steel groups is state-controlled. This report documents the extent to which the Chinese steel industry has been fueled by subsidies, and remains controlled and directed by the government.�

Government subsidies allowed China’s steel production to increase by more than 170 percent between 2000 and 2005 and by another 20 percent in 2006. China’s steel capacity and production are now four to five times larger than that of the entire North American steel industry. Subsidies have also helped China become the largest single steel exporting country by volume in 2006. Wiley Rein’s International Trade Practice assists U.S. companies and industries that have been injured due to unfairly traded and subsidized imports.

07-30-2007

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Varnum LLP

Judge Rules in Favor of Blueberry Growers
A group of six blueberry growers in Ottawa County is hopeful that they will be compensated for crop damage after a Circuit Court judge ruled in favor of their claim that excessive road salt used to treat roads adjacent to the farm land has caused the damage.

Although the ruling is likely to be appealed, it is a significant victory for the plaintiffs, who first brought action against the Ottawa County Road Commission and the Michigan Department of Transportation in 2004.

Growers said the damage to crops has become increasingly significant in past years, extending hundreds of feet into the fields when excess salt becomes wind-borne. The growers believe the increased crop damage coincides with the 1,200 percent increase in the amount of salt the county uses to treat roads.

The increased use of salt is documented in county records, which show a total of 36,000 tons used in the winter of 2002-03, compared to less than 3,000 tons in 1988-89.

The suit was originally brought against Ottawa County Road Commission and the Michigan Department of Transportation in 2004. In addition to maintaining county-owned roads, the OCRC contracts with the MDOT to maintain state-owned trunk lines within the county.

Varnum attorney Steve Afendoulis made a case for the growers claiming that the government's actions represented a partial taking of the farmers' property without just compensation in violation of the farmer's constitutional rights. This cause of action is commonly referred to as an inverse condemnation claim. The inverse condemnation claim, filed against the OCRC was dismissed in 2005. The blueberry farmers tried to appeal that decision, but the Michigan Court of Appeals ruled that the appeal was premature and needed to be brought after all issues in the companion case against the State of Michigan were decided.

The most recent decision was in the companion case against the state. The Ottawa County Circuit judge ruled in favor of the State on the claim that the State's actions represented a partial taking of the farmers' property without just compensation. This ruling was consistent with the court's previous decision. The court ruled in favor of the farmers, however, on their claim that the road salt represented a trespass nuisance. As a result, the State of Michigan will be held liable for the damages caused by road salt to the blueberry crops.

The court's decision reads in part: "This Court finds that plaintiffs have satisfied the elements for a trespass nuisance claim. This Court holds that the intrusion of road salt onto plaintiffs' property is the 'natural and likely necessary result' of the defendant's conduct, and that defendant 'set in motion' this intrusion by placing the salt on the road."

A trespass-nuisance claim was not brought against the county because a previous Supreme Court case ruled that the government Immunity laws precluded such a claim (Pohutski v. City of Allen Park, 465 Mich 675, 2002).

Court rules provide that the State is permitted to take an immediate appeal of this adverse decision. Afendoulis expects that both the adverse ruling on the constitutional claims and the favorable ruling on the trespass-nuisance claim are likely headed to the Supreme Court because of the significance of this potential precedent.

"The societal issues presented are important," Afendoulis pointed out. "This case represents a classic conflict between the rights of government and the rights of private citizens to enjoy their property for its intended purposes. The government has an easement along the road to be used for maintaining the improved portion of the road. The salt damage, however, goes far beyond the government easement. When the government's actions render large sections of a farmer's property unfit for farming purposes, we believe that constitutes a taking by the government of private property without just compensation, in violation of these farmers' constitutional rights."

Afendoulis emphasized that the farmers are not the ones who should be making the decision as to how much salt should be used.

"That is a decision that is most appropriately left with the governmental entities charged with the responsibility of maintaining the roads," Afendoulis said. "We believe there are better and more environmentally safe ways to maintain the roads, but we understand that's not our call. But when the government makes that call and the natural consequence of those decisions is the destruction of a farmer's crops, the government should be held responsible."


Established in 1888, Varnum is one of the leading firms in Michigan and the Midwest. With more than 160 attorneys in six offices, the firm offers services in a full range of practice areas.

07-30-2007

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Troutman Sanders LLP

David N. Anthony Joins Troutman Sanders in Its Richmond Office
The law firm of Troutman Sanders LLP is pleased to announce the addition of David N. Anthony as partner to its Consumer Law and Complex Litigation practice groups in Richmond, Va.

Anthony comes to Troutman Sanders from the Richmond office of Kaufman & Canoles, where he was a partner beginning in 1998 and managed that office from April 2002 through July 2004.

Anthony’s skills will enhance Troutman Sanders’ already accomplished Consumer Law and Complex Litigation teams. He will join the firm’s other leading consumer finance and commercial litigation attorneys to make these two practice groups among the most experienced and formidable in the region.

Anthony has represented a national credit agency, furnishers, national banks, lenders and other consumer finance entities against claims in more than eighty federal lawsuits (including class actions) under the Fair Credit Reporting Act, the Fair Debt Collections Practices Act, the Equal Credit Opportunity Act, the Virginia Consumer Protection Act and state common law. He also regularly advises national companies on consumer related regulatory and compliance issues.

As a commercial litigator, Anthony’s experience includes the representation of numerous local, national and international clients in such areas as banking, consumer finance, retail sales, distribution, electronics, real estate development, interstate transportation, the automotive industry, insurance, construction, supermarkets and advertising. His experience as a former federal law clerk has helped Anthony to develop a specialty in federal litigation.

Anthony also represents municipal clients in the defense of constitutional and civil rights claims. In particular, his experience in claims brought under 42 U.S.C. § 1983 include areas of affirmative action, drug testing, employee discipline, equal protection, excessive force claims against police officers, failure to promote, false arrest, fire protection, Fourth Amendment, freedom of religion, freedom of speech, malicious prosecution, procedural due process, race, gender and age discrimination, sexual harassment, substantive due process, teacher abuse, unlawful searches and seizure, unlawful taking of public property and wrongful death.

Additionally, Anthony’s litigation practice focuses on construction law and government contracting. He represents general contractors, owners, subcontractors, sureties, and other parties (e.g., distributors) in the litigation, arbitration and mediation of their disputes. He has significant experience in all phases and types of construction litigation, including the defense of products liability claims in the building and renovation of commercial and public properties.

Prior to joining Kaufman & Canoles, Anthony was an associate with William Kelly & Greer in Norfolk, Va., from 1991 to 1994 and served as federal law clerk to The Honorable William T. Prince, Magistrate Judge, United States District Court for the Eastern District of Virginia, Norfolk Division from 1990 to 1991.

Anthony received a B.A. in 1987 from Virginia Polytechnic Institute and State University, and a J.D. in 1990 from Washington and Lee University.

Anthony currently serves as Chair of the Virginia Bar Association’s Civil Litigation Section and is a member of the Local Government Attorneys of Virginia, Inc.

07-30-2007

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Kirkpatrick & Lockhart Preston Gates Ellis LLP

K&L Gates advises founder and majority shareholder John Spiers, on sale of Bestinvest to 3i
Kirkpatrick & Lockhart Preston Gates Ellis LLP (“K&L Gates�) has advised John Spiers, the founder and majority shareholder, on the sale of Bestinvest to the global private equity and venture capital company, 3i, for an undisclosed sum.

Bestinvest, one of the UK's most successful financial advisers provides professional advice on investments, pensions, VCTs research and analysis, investment management and investing online and currently looks after client assets in excess of £3.7 billion.

K&L Gates corporate partner Kevin Dean led the team with fellow corporate partners Kathryn Thomas and Jeremy Davis handling the documentation and negotiations. The team also comprised tax partner Peter Davis and employee incentive partner Ian Fraser, together with key assistants Mollie Stoker and Tansy Leeke (corporate) and Victoria Green (employee incentives).

Kevin Dean, said: "I have known John Spiers for over 20 years and acted for him in 1986 in setting up Bestinvest. I am very happy to have seen Bestinvest go from strength to strength under John's guidance. I am sure it will continue to prosper with Andrew Barnes as CEO and 3i as its majority shareholder."

The shareholders of Bestinvest were advised by KPMG Corporate Finance. Macfarlanes' Charles Meek/Luke Powell advised 3i.

07-30-2007

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Morris, Manning & Martin, LLP

Morris, Manning & Martin Partners Earn Coveted Chambers USA Recognition
The 2007 Chambers USA: America’s Leading Lawyers for Business publication has ranked Morris, Manning & Martin, LLP partners among the top business attorneys in the nation.

Chambers USA is one of four world-famous legal guides published by Chambers and Partners. It is known for its independent, impartial research. More than 50 trained, full-time researchers conduct in-depth interviews with candidates and their clients to identify the best attorneys in the nation. Candidates are evaluated on technical legal ability, professional
conduct, client services, commercial awareness/astuteness, diligence and commitment. Morris, Manning & Martin partners were recognized as excelling in the fields of tax, real estate, environment, bankruptcy/restructuring and corporate/M&A law.

Chuck Beaudrot earned a top ranking in the field of tax law for his “excellence at creating tax structures that work within the law� and his ability to “work tremendously well with in-house counsel,� according to client evaluations. Beaudrot is a partner in Morris, Manning & Martin’s Tax group, as well as the Real Estate Capital Markets group. He practices in the
areas of corporate and partnership tax, transactional tax planning, state and local tax planning and tax controversy work. He has greatly contributed to the tax team’s growing reputation for being one of the premiere sources for real estate tax advising.

Jeanna Brannon, a partner in the Real Estate Development and Finance and Real Estate Capital Markets groups, earned a top spot in the field of real estate law. Brannon’s work with international projects has helped move the firm’s real estate group into an international arena Her passion for advising clients in the development of residential resorts and mixed-use
developments contributes to the firm’s “intensely active,� “excellent real estate practice,� as noted by market sources.
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David Cranshaw has a reputation for being one of the firm’s best attorneys, and this year, he was also ranked among the leading attorneys in the field of bankruptcy/restructuring. Cranshaw specializes in creditor’s rights, bankruptcy and commercial litigation. He is a partner in the firm’s Creditors’ Rights and Bankruptcy group, which is becoming well-known for its outstanding work with creditor’s committees

Gerald Pouncey, who has been described as “spectacular� by interviewees, was ranked among the top attorneys nationally in the field of environmental law. As head of the Environmental Law and Land Use group, Pouncey specializes in acquisition and redevelopment of environmentally impacted properties. In addition to earning a reputation as “a cut above the rest,� the Morris, Manning & Martin environmental law group succeeds at handling a large number of complex projects at once.

John Yates, a renowned, internationally recognized veteran technology attorney, was recognized for his outstanding work in the corporate/M&A field. He has helped Morris, Manning & Martin become “a top firm for emerging companies,� according to interviewees. As partner-in-charge of the firm’s Technology group, Yates specializes in areas such as software law, IPOs, mergers, acquisitions, Internet law, corporate finance and venture capital.

07-30-2007

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Morris, Manning & Martin, LLP

Morris, Manning & Martin Attorneys Educate Entrepreneurs about Open Source
Paul Arne and Sandra Sheets Gardiner shared information with technology entrepreneurs about the evolving landscape of Open Source software at an event at Ga. Tech’s Advanced Technology Development Center, or ATDC. “Open Source: Good Business for Some, Unmanaged Risk for Others� was held July 25. Arne and Gardiner, partners at Morris, Manning & Martin, LLP, discussed new models of using open source as a development model, as well as the potential risks and benefits of proactively managing open source uses.

Many companies use Open Source software as a legitimate alternative to proprietary software because it’s easy to find, evaluate, and incorporate into existing development projects. But since it is developed in a non-traditional way, companies should be aware of special issues which can change over time, or based on the license governing the software. Further, companies should be prepared for unique issues during due diligence for a sale or change of control that may impact a company’s valuation.

Arne chairs the firm’s Open Source group, co-chairs the Technology group as well as the Privacy and Security groups, and is also a member of the firm’s Medical Device group. He represents technology companies and large end users, with a particular emphasis on complex, international transactions, outsourcing, open source software, privacy, university technology transfer, and revenue recognition issues. He has represented numerous ATDC companies during his 25 years of practicing law.

Gardiner is a partner in the Corporate Technology Group, and represents private and public technology companies as well as large end users across various industries. She counsels clients in an array of transactions, including joint ventures, strategic alliances, technology procurement and acquisition, management of intellectual property assets and privacy and security issues. She is also a contributing author to the book The Law of the Internet. Sandra works with a number of companies and investors transferring intellectual property out of universities, and has advised ATDC companies for the past five years.

ATDC is a nationally recognized science and technology incubator that helps Georgia entrepreneurs launch and build successful companies.

07-30-2007

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McCarter & English, Attorneys At Law

McCarter & English Welcomes Eminent Boston Tax Lawyer as Partner
Eminent state and local tax attorney Philip S. Olsen has joined the Boston office of McCarter & English LLP as a partner.

Mr. Olsen is past chair of both the Massachusetts Bar Association's State and Local Tax Committee and the Boston Bar Association's Tax Controversies Committee. Formerly a senior counsel in the Boston office of Holland & Knight LLP, he has represented clients in major tax controversies in numerous state administrative boards and superior courts, as well as state appeals and supreme courts.

Mr. Olsen served as law clerk for the Judicial Council of Massachusetts from 1983 to 1990 and was a Senior Trial Counsel for the Massachusetts Department of Revenue from 1992 to 1998, where he litigated major tax cases before the Appellate Tax Board, Superior Court and U.S. Bankruptcy Court.

A grad uate of Suffolk University Law School (J.D., 1982) and Stonehill College (B.A., 1979), Mr Olsen is admitted to practice in Massachusetts and New York and before the U.S. District Court for the District of Massachusetts

07-30-2007

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