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Supreme Court Patent Law Decision in KSR v. Teleflex
The Supreme Court unanimously decided April 30 in KSR International, Co. v. Teleflex, Inc., et al., that the U.S. Supreme Court of Appeals for the Federal Circuit needs to apply a less rigid approach when determining an important aspect of patent validity – obviousness.

On May 18, MGB Partner Brad Lyerla participated as a panelist in a discussion of the Supreme Court's decision in KSR v. Teleflex. The discussion was sponsored by the Intellectual Property Law Association of Chicago and hosted by the John Marshall Law School (JMLS). The proceedings are being published by the JMLS “Review of Intellectual Property Law” and a related article published in the Chicago Lawyer.

07-30-2007

Jonathan R. Smith joins KRCL
KRCL is pleased to announce that Jonathan R. Smith has joined the Firm as an associate. Mr. Smith will practice in the Firm's Dallas office, in the Business practice area with a concentration in commercial real estate law.

Mr. Smith is a graduate of Vanderbilt University Law School.

07-30-2007

Nicholas A. Scarfone Joins Hiscock & Barclay Law Firm
Hiscock & Barclay, LLP is pleased to announce that Nicholas A. Scarfone has joined the Rochester office as Counsel. Scarfone specializes in tax-driven business transactions and ventures, estate planning, and employment arrangements. He is experienced in counseling clients on real estate transactions (including like-kind exchanges) and business reorganizations, as well as complicated partnership deals. Scarfone is a graduate of Syracuse University College of Law, J.D., 1997, and St. John Fisher College, B.S., 1993, magna cum laude. Scarfone is admitted to practice in New York and the United States Tax Court. He is a member of the New York State Bar Association and the Monroe County Bar Association and is a frequent speaker on tax and business law topics for the New York State Bar Association. Scarfone is also a Certified Public Accountant.

07-30-2007

Karol Mason Elected Vice Chair of The University Of North Carolina Board of Trustees
Karol Mason has been elected vice chair of The University of North Carolina's Board of Trustees, a position of distinct honor at one of the nation’s most prestigious centers of learning. Karol has served as a member of the Board of Trustees since 2001, and ten years earlier in 1991 was awarded UNC’s General Alumni Association’s “Distinguished Young Alumna Award.”

Karol leads Alston & Bird's College and University practice, which combines the expertise of attorneys in public finance, real estate and construction, representing universities in more than 40 projects.

07-30-2007

White & Case Advises Banco Patagonia on IPO
White Case advised Banco Patagonia S.A., one of Argentina's leading private financial institutions, in connection with a three part offering that closed on July 24, 2007. Banco Patagonia's concurrent Argentine, Brazilian and international offering of shares, BDRs and ADSs represented the first time such a structure has ever been devised and marketed and the first time an Argentine entity listed its securities on the Sao Paulo Stock Exchange.

"The structure used in this transaction provides Latin American companies with a more varied investor base and greater liquidity," said lead partner on the deal, Tomer Pinkusiewicz. "This transaction is expected to pave the way for similar transactions in the future as well as to provide access to alternative markets for securities of Latin American companies."

The deal consisted of an initial public offering of class B shares in Argentina listed on the Bolsa de Comercio de Buenos Aires (the "BCBA" or the "Buenos Aires Stock Exchange"), an initial public offering of Brazilian Depositary Receipts ("BDRs"), with 20 class B shares underlying each BDR, in Brazil listed on the Bolsa de Valores de Sao Paulo (the "BOVESPA" or the "Sao Paulo Stock Exchange") and a Rule 144A/ Reg S offering of American Depositary Shares ("ADSs"), with one BDR underlying each ADS, in the United States and other international markets.

In total 200,000,000, class B common shares (with a par value of one Argentine Peso per share and one vote per class B share) of Banco Patagonia were offered. The price per share was Ps. 4.033, the price per BDR was R$ 48.38 and the price per ADS was $26.00. Of the 200,000,000 shares offered, 75,000,000 were offered by Banco Patagonia and 125,000,000 were offered by the selling shareholders.

Partner Tomer Pinkusiewicz was lead counsel, along with partner Howard Kleinman and associates Anita Girdhari, Yvette Valdez, John Anderson, Jr., and Pedro Testa in the Securities Practice; partner Ray Simon and associate Heather Giannandrea in the Tax Practice; and cousel Mark Hamilton for ERISA.

07-30-2007

Schiff Hardin LLP Welcomes Thomas P. Battistoni as a Partner in the Litigation Group of the New York Office
Thomas P. Battistoni has joined Schiff Hardin LLP as a partner in the Litigation Group from Balber Pickard Battistoni Maldonado & Van Der Tuin, PC (New York) where he was a partner. Earlier in his career, from 1980 to 1983, Mr. Battistoni was an associate in Schiff Hardin’s Chicago office.

Mr. Battistoni prosecutes claims and defends clients in commercial disputes, corporate compliance and internal investigation, and white collar criminal defense matters. With more than 25 years experience as a trial lawyer, he vigorously represents Fortune 100 companies, financial institutions and corporate officers in litigations in federal, state and bankruptcy courts. He also creatively resolves issues through arbitrations and mediations in alternative dispute resolution proceedings.

Mr. Battistoni enforces clients’ rights in intellectual property, defends lenders and business interests with respect to land use and creditors’ claims, and litigates disputes relating the ownership, development and disposition of real estate. He handles contract and environmental litigations, as well as unfair competition cases, fraud claims and actions arising under the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and other statutes.

During his tenure as an Assistant U.S. Attorney (1983 to 1985) and Deputy Division Chief (1985 to 1986) in the U.S. Attorney’s Office for the Eastern District of New York, he recovered monies defrauded from government programs, he forfeited drug monies and real estate related to organized crime prosecutions, and he obtained judgments in complex regulatory matters and bankruptcy fraud cases.

Other Illustrative Experience:

* Prosecuted fraudulent transfer claims against principals and successor entities of defunct debtors and recovered millions for defrauded creditors through a federal RICO action.
* Defended businesses and financial institutions sued in putative class actions under federal and state labor statutes, the Fair Debt Collection Practice Act, and common law and public nuisance causes of action.
* Recovered revenues owed by WorldCom through aggressive state and then bankruptcy court litigations.
* Preserved clients’ interests in complex disputes regarding software, websites, trademarks, licensing and leasing issues.
* Overturned an unfair government bidding program through an emergency hearing and trial that exposed unfair competition and awards to non-conforming bidders.
* Rescued an historic library and community center by reversing on appeal a lower court judgment in a cy pres proceeding that would have liquidated the charity’s assets.
* Represented major corporations and a national construction company in connection with contract and environmental claims.

07-30-2007

Schiff Hardin LLP's Patricia Costello Slovak Appointed to the American Bar Association Commission on Women in the Profession
Schiff Hardin partner Patricia Costello Slovak, Chair of the Section of Labor and Employment Law of the American Bar Association (“ABA”) for 2006/2007, has been appointed to the American Bar Association Commission on Women in the Profession (“Commission”).

The Commission was created in August 1987 to assess the status of women in the legal profession, identify barriers to advancement, and recommend to the ABA actions to address problems identified.

Ms. Slovak is a partner who concentrates in labor and employment law on behalf of management. She has extensive experience representing management in all facets of labor and employment relationships. Ms. Slovak litigates employment and labor claims in federal and state courts, as well as before administrative agencies. She represents employers in arbitrations, mediations, and collective bargaining negotiations. Her clients include retailers, universities, utilities, manufacturers, and assembly operations.

She is a frequent author and lecturer on various employment law issues, and she has been an editor of The Developing Labor Law and is on the Advisory Board of the HR Advisor. In addition to her current role as Chair of the ABA’s Labor and Employment Law Section and new appointment to the Commission, Ms. Slovak also has served on the as Employer Co-Chair of the ABA Committee on the Development of Law Under the National Labor Relations Act. She also has served on the Advisory Panel to the National Labor Relations Board and the Kenneth M. Piper Endowment Advisory Board of the Institute for Law and the Workplace. Her many other related professional affiliations include membership on the Employment Law Committee of the National Retail Federation and service as Co-Chair of the Alliance for Women Committee of the Chicago Bar Association. She is a member of the National Association of College and University Attorneys. Ms. Slovak also is member of the boards for the Theatre School of DePaul University and Women Everywhere: Partners in Service Project, Inc.

07-30-2007

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