Law Firm News

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Law Firm News

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Nelson Mullins Riley & Scarborough LLP

Nelson Mullins Wins Significant Victory for Volvo Trucks North America Inc.
Nelson Mullins Riley & Scarborough LLP Partners Clarence Davis and Bill Latham recently obtained a complete defense victory on behalf of their client, Volvo Trucks North America Inc. (VTNA) in a dealer case when the Fourth Circuit Court of Appeals reversed a jury verdict against VTNA and ordered that the case be remanded to the district court for entry of a judgment in favor of VTNA. See Carolina Trucks and Equipment, Inc. v. Volvo Trucks North America, Inc. ____F.3d ____, 2007 WL 1953376 (4th Cir. 2007).

In 2002, a Columbia, S.C., Volvo Trucks dealer and its principal shareholders sued VTNA in South Carolina District Court alleging a conspiracy to, among other things, wrongfully terminate the dealership and asserting various statutory and common law claims. The plaintiffs also requested a preliminary injunction to enjoin the termination of the dealership. The dealership had been issued a notice of termination based upon violations of its Dealer Agreement with VTNA. The motion for injunctive relief was denied after a two-day evidentiary hearing. Upon denial of the request for injunction, VTNA terminated the dealer. Plaintiffs appealed the denial of injunctive relief to the Fourth Circuit Court of Appeals, which dismissed the appeal as moot because the dealership had already been terminated.

VTNA then moved for and won dismissal of the claims of the individual defendants for lack of standing. After two years of discovery and 27 depositions, the district court granted summary judgment to VTNA as to seven of the dealer plaintiff’s eleven claims. The surviving causes of action were claims under the Federal Dealers Day in Court Act, the South Carolina Dealers Act, breach of contract and breach of contract accompanied by a fraudulent act.

The trial of the remaining claims commenced in October 2005 and lasted for four weeks. The jury returned a verdict against VTNA on a single claim under the South Carolina Dealers Act related to VTNA's ownership of a used truck subsidiary that sold trucks to South Carolina residents from its Atlanta sales location. The sales were alleged to be in violation of a Dealer Act provision prohibiting the direct sales of motor vehicles by manufacturers in South Carolina. The verdict was $583,245.00. The statute provided for attorneys' fees and costs to the prevailing party. Counsel for the plaintiff submitted a petition for an award of attorneys' fees and costs in the amount of $1,222,683.70.

VTNA filed post-trial motions requesting judgment as a matter of law or in the alternative a new trial on the single claim. Counsel for the dealer filed a motion for new trial on the contract claims for which the jury had found in favor of VTNA. The district court denied all the post-trial motions and deferred a ruling on the petition for attorneys' fees and costs.

Both VTNA and the plaintiff dealer took cross-appeals to the Fourth Circuit. The primary grounds for VTNA's appeal were issues of statutory construction and the constitutional limitations on the extraterritorial application of state law. In a 15-page published opinion issued on July 6, 2007, the Fourth Circuit reversed the jury verdict against VTNA, affirmed the jury verdict in favor of VTNA on the contract claim, and remanded the case to the district court with instructions to enter judgment in favor of VTNA. This was a complete defense victory for VTNA, with positive ramifications for its entire dealer network and for the Firm's automobile manufacturer clients nationwide.

07-26-2007

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Morrison & Foerster, LLP

National Law Journal Names Morrison & Foerster to Its Defense Hot List
Morrison & Foerster LLP has been named to the National Law Journal's annual list of the top ten defense litigation law firms, the third year the list has been published.

This trial-focused list highlights "firms that accomplished exemplary, cutting-edge work in civil defense" during 2006. The firm handled many such matters, three of which were marked as "noteworthy" by NLJ.

07-26-2007

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Leonard, Street and Deinard

Leonard, Street and Deinard attorneys named "SuperLawyers®"
Each year, Minnesota Law & Politics recognizes Minnesota “Super Lawyers®�. The designation is based on the magazine’s survey of 16,000 attorneys across the state who have been in practice five years or more, requesting that they cast votes for lawyers they have personally observed in action and consider notable. Only five percent of lawyers in Minnesota receive the “Super Lawyers� honor.

We congratulate the 21 Leonard, Street and Deinard attorneys who have been named 2007 “Super Lawyers�:

Joel E. Abrahamson
Dominic J. Cecere
Robert L. DeMay
Joseph M. Finley
Robert J. Huber
David Kantor
David W. Kelley
Steven R. Lindemann
Paul J. Linstroth
Hugh M. Maynard
Thomas F. Nelson
Lowell J. Noteboom
Todd A. Noteboom
Richard W. Pins
Allen I. Saeks
Ellen G. Sampson
John M. Sheran
Morris M. Sherman
Byron E. Starns
Lowell V. Stortz
Albert A. Woodward

07-26-2007

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Jones Day, P.C.

Jones Day London Acts for Dana Europe in €170,000,000 Pan-European Receivables Securitisation
Jones Day has successfully represented the European arm of global auto parts manufacturer Dana Corporation, which entered Chapter 11 in the US last year, in connection with the establishment as of 18 July 2007 of a receivables securitisation programme with GE Commercial Finance, Business Finance, as sole arranger.

The Euro 170 million pan-European transaction has been structured as a five-year multi-currency facility secured by the receivables generated across 12 operating units in Belgium, France, Italy, Germany, Austria and Spain.

Jones Day's team was led by Andrew Rotenberg (partner) out of the London office with assistance from US-based partner Brett Barragate. Working on the deal from London were partners Marc Isaacs and Adam Plainer as well as associates Rosalind Connor, Kay Evans, Victoria Ferguson and Simon Kiff. Jones Day’s European offices in Brussels, Frankfurt, Madrid, Milan and Paris were also heavily involved in the transaction.

This transaction is innovative given the lack of rating agency involvement (which some have referred to as a "securitisation lite" structure) and the number of jurisdictions, currencies and corporate entities involved although these types of large and complex transactions are expected to grow over the next few years in Europe.

07-26-2007

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Jackson & Campbell, P.C.

John Matteo Passes the Torch to New Chairman of the United Way of the National Capital Area’s Montgomery Regional Council
John Matteo, Chair of the Business Law Practice Group at the law firm of Jackson & Campbell, P.C. in Washington, D.C., will be recognized for his leadership and dedication to the UWNCA Montgomery Regional Council. Having served as its Chairman during 2006-07, John has facilitated UWNCA’s ability to respond to the community needs of the greater Washington area.

John will be rewarded for his contributions to the greater Washington community at the UWNCA Montgomery Regional Council’s Annual Meeting and Reception on July 26, 2007 at the Chevy Chase Bank Atrium in Bethesda, MD. The meeting will conclude with the “passing of the torch� from John to the incoming Chairman of the 2007-08 UWNCA Montgomery Regional Council, Michael Finnegan, Senior Vice President of Bank of America in Bethesda, MD.

About UWNCA

The UWNCA is the largest non-governmental health and human services fund provider in the Washington metro area, bringing together people and resources to improve lives for more than 30 years. Working with community organizations, local governments and businesses, UWNCA’s eight regional councils – the District of Columbia, Alexandria, Arlington, Fairfax-Falls Church; and Loudoun, Montgomery, Prince George’s and Prince William counties – respond to critical community needs.

07-26-2007

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Cooley Godward Kronish LLP

Cooley Expands Antitrust Practice with Addition of Senior FTC Attorney
Cooley Godward Kronish LLP announced today that Michael H. Knight will join the Firm as a partner in the Antitrust & Trade Regulation practice group. He will be based in the Washington, DC office. Knight joins Cooley from the Federal Trade Commission (FTC), where he was the Assistant Director of the Mergers II Division of the Bureau of Competition.

The Mergers II Division is a 25-attorney unit responsible for investigating and prosecuting cases under federal antitrust laws, with a focus on, among other areas, technology matters. As the Assistant Director in charge of the unit, Knight managed staff investigations and the litigation of merger and civil non-merger matters. Knight also oversaw consent decree negotiations and implementations. At Cooley, Knight will focus on expanding the Firm’s antitrust practice on the East Coast.

“We are delighted to have the opportunity to bring Mike on board and further strengthen our East Coast litigation group with a highly respected and experienced ‘Inside the Beltway’ antitrust practitioner,� said Stephen C. Neal, chairman and CEO of Cooley. “Mike is a top notch, proven attorney with a depth of experience that is exactly the right fit for Cooley. He will complement our current capabilities perfectly and will anchor our DC antitrust expansion.�

A native of the Washington, DC area, Knight began his practice with the DC firm of Collier Shannon Rill & Scott. After five years as an associate in Collier Shannon’s antitrust section, he joined the Department of Justice (DOJ) in May 1997, where he served as a trial attorney until July 2000. While at the DOJ, Knight focused on biotech, defense, radio, television, retail and other sectors. He rejoined Collier Shannon as a partner in August 2000, and remained there until joining the FTC in January 2003.

“I’m extremely pleased to have the opportunity join Cooley and its excellent antitrust and trade regulation practice,� commented Knight. “This is an exciting time of expansion and great momentum for the Firm, and I am thrilled to be a part of it.�

Knight earned a B.S. in Management/Marketing from George Mason University in 1988 and earned his JD from George Mason in 1991, where he served as the managing editor of the George Mason Law Review. Following graduation Knight clerked for a year for the Honorable Douglas O. Tice, Jr., U.S. Bankruptcy Court, Eastern District of Virginia. Since 2003, Knight also has been a vice chair of the Mergers & Acquisitions Committee of the ABA Antitrust section, and has written and spoken extensively in the field. He recently was named as a vice chair of the Antitrust section’s Sherman Act Section One Committee.

Since opening in 2005, Cooley’s Washington, DC office has grown to 30 attorneys in diverse practice areas, including corporate law, government contracts, international trade, patent counseling, intellectual property and commercial litigation. As a result of robust growth in that market, the Firm will move to expanded office space this September.

Knight’s arrival follows last week’s announcement of ten partners joining Cooley to open an office in Boston. That office will focus on emerging and public companies, life sciences, venture and private equity fund representation, mergers and acquisitions, intellectual property and commercial litigation.

07-26-2007

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Sutherland Asbill & Brennan LLP

Sutherland Represents Cumulus Media Inc. Special Committee
Sutherland Asbill & Brennan LLP is advising the Special Committee of the Board of Directors of Cumulus Media Inc. (NASDAQ: CMLS) in connection with a $1.3 billion going private transaction in which Cumulus has agreed to be acquired by an investor group led by Cumulus’ CEO and an affiliate of Merrill Lynch Global Private Equity.

Under the terms of the merger agreement signed on July 23, 2007, Cumulus stockholders will receive $11.75 in cash per share, which represents a premium of approximately 40 percent over the closing price on the last trading day prior to announcement of the transaction. The transaction is subject to stockholder approval and other conditions, and there is a 45-day “go shop� period allowing Cumulus to seek a higher bid.

Cumulus owns nearly 350 radio stations across the country, including the 99X and Q100 stations in Atlanta, making it the second-largest U.S. public radio company.

The Sutherland team was led by Partners Mark D. Kaufman and Edward W. Kallal Jr. and Associates Brian M. Murphy and Marc A. Rawls, all of the Corporate Practice Group. The cross-practice team also included Partners Steven B. Boehm (Financial Services), Reginald J. Clark (Tax), Jeffrey L. Dunetz (Finance), Eric R. Fenichel (Finance), Neil S. Lang (Litigation), Alice Murtos (Benefits) and Counsel Ian A. Herbert (Benefits).

07-26-2007

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