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Fraser Stryker Welcomes Beth Miller
Fraser Stryker is pleased to announce Beth E. Miller has joined the firm as an associate. Beth is new to Omaha, previously practicing as an associate with Thompson Hine in Cleveland, Ohio, and clerking for the Honorable John M. Manos, U.S. District Court, Cleveland, Ohio. Her areas of practice include Estate Planning and Probate, Trust and Estate Administration; Business Succession Planning; Nonprofit and Charitable Organizations.

07-23-2007

Fraser Stryker Welcomes Troy Meyerson
Fraser Stryker is pleased to announce Troy F. Meyerson has rejoined the firm as an associate. Troy has worked in real estate development for the past three years, and previously with Fraser Stryker from 1999 to 2004. His areas of practice include Business and Corporate; Real Estate; Information Technology; Intellectual Property; Mergers, Acquisitions, and Divestitures; Telecommunications; Energy and Natural Resources.

07-23-2007

Leading Japanese Antitrust Lawyer Joins Bingham Tokyo Office
Bingham has recently strengthened its leading team of antitrust lawyers with the addition of Hiroshi Iyori, one of Japan’s foremost authorities on antitrust law, to the Tokyo office. Iyori previously served as secretary general and commissioner of the Japan Fair Trade Commission before he entered private law practice, and he currently stands as chairman of the Japan Competition Law Research Institute, and the International Antimonopoly Law and Industrial Property Law Research Institute. Iyori's arrival further establishes Bingham as one of the key firms in Japan for complex antitrust analysis in mergers and acquisitions, unfair competition, and technology cases, as well as intellectual property and antitrust litigation. On October 1, the firm will continue to expand its Tokyo office by combining with New Tokyo International, a premier insolvency, corporate and litigation firm of approximately 22 lawyers. The combination will increase the number of lawyers in Bingham's Tokyo office, a foreign legal joint enterprise with Sakai & Mimura, to more than 50 Japanese lawyers (bengoshi) and six foreign lawyers, making it one of the largest offices of any foreign law firm in Japan. News of Iyori’s arrival to the firm was also reported in the National Law Journal and in The Lawyer.

07-23-2007

Bingham Wins Bankruptcy Appeal for National Energy & Gas Transmission, NEGT Energy Trading Power
The U.S. Court of Appeals for the Fourth Circuit on July 10 ruled in favor of Bingham clients and Chapter 11 debtors National Energy & Gas Transmission Inc. and NEGT Energy Trading Power L.P. (ET Power), reversing a bankruptcy court and district court ruling that would have allowed a creditor to collect an additional $17 million from the Chapter 11 debtors after the creditor had already received the full principal amount of its claim from a non-debtor guarantor. ET Power, a subsidiary of National Energy & Gas Transmission Inc. (formerly known as PG&E National Energy Group Inc.), entered into a tolling agreement to provide Liberty Electric Power with natural gas to produce electricity and then purchase that electricity from Liberty. National Energy & Gas Transmission and its then-affiliated non-debtor Gas Transmission Northwest Inc. (GTN) each guaranteed ET Power’s obligations under the tolling agreement, up to an aggregate cap of $140 million. When National Energy & Gas Transmission and ET Power filed for bankruptcy in 2003, the agreement was rejected and ET Power was deemed to be in breach of the tolling agreement. Liberty sought and was awarded by an arbitration panel $140 million in damages, plus interest from and after the date of ET Power’s bankruptcy filing. Liberty received the full $140 million guaranteed amount from GTN, but applied $17 million of the $140 million to post-petition interest and the balance to principal, thereby leaving what Liberty characterized as a principal balance of $17 million, which it asserted it was entitled to receive from ET Power. The lower courts ruled for Liberty, but Bingham partner Steve Wilamowsky of the New York office argued on appeal that any money paid after the $140 million was in reality post-petition interest, to which an unsecured creditor is not entitled under the Bankruptcy Code. The appeals court agreed and reversed the lower courts’ rulings. Boston of counsel Rheba Rutkowski and Boston associates Francesca Miceli, Christopher Hurld and Lisa Kirby assisted Wilamowsky in the post-argument briefing at the appeals court.

07-23-2007

Partner Holly House Named Co-Leader of Antitrust Practice
Bingham has named San Francisco partner Holly House co-leader of the Antitrust and Trade Regulation Practice, joining Boston partner Daniel Goldberg as the group’s firmwide leaders.

A distinguished litigator, House represents premier clients as both plaintiffs and defendants in a variety of commercial disputes. Chambers & Partners USA ranks House as one of the nation’s top antitrust lawyers, and clients describe her as both “energetic” and “a fantastic lawyer to have a on a case.” She has been named among The Best Lawyers in America in antitrust since 2005 and is the former chair of California's Antitrust and Unfair Competition section of the bar.

House assumes the co-leadership role of Bingham’s strong antitrust group at an important and strategic time. Bingham recently added two noted antitrust lawyers, Thane Scott to its Boston office and Hiroshi Iyori to its Tokyo office. The Best Lawyers in America has ranked Bingham as No. 1 in antitrust law for 2007. Bingham's current antitrust work includes defending Intel in the widespread Intel/AMD class action litigation, representing QUALCOMM in its suit against Broadcom and a host of franchise and distribution disputes and merger investigations.

“This is an exciting time to play a key role in Bingham’s antitrust group,” said House. “With its solid coast-to-coast network of antitrust litigators and counselors and growing presence in Tokyo, Bingham is well positioned to help clients succeed.”

07-23-2007

Bingham's London, New York, Washington Offices Advise First Communications in IPO, Admission to AiM
A transatlantic team of Bingham lawyers acted as legal advisers to First Communications Inc. (FCI) in its initial public offering and admission to the alternative investment market of the London Stock Exchange (AiM). The Bingham team also advised in the connected acquisitions of First Communications LLC and Xtension Services Inc., forming a voice and data telecommunications services provider that offers traditional and IP-based communications services and network management services to both residential and business customers in 49 of the 50 U.S. states. The offering consisted of $50 million of common stock to U.S. and U.K. investors and an associated $40 million issue of preferred stock to certain of these investors. Three separate classes of warrants were also issued, with all investors participating in one tranche and the other two tranches being issued to the preferred stock investors. London corporate partner Vance Chapman led the Bingham team in the U.K., working with associates Tony Barnes and Graham Conlon advising on the AiM admission, while D.C. TMT partner Jean Kiddoo led the U.S. team, working with D.C. associate Danielle Burt to provide FCC and state regulatory advice, and with corporate, transactional and U.S. securities advice provided by New York partner Brian Beglin, New York of counsel David Boillot, and D.C. corporate associate Kelly Grez. "The transaction was complex as it involved the roll up of several different existing businesses in the heavily regulated U.S. telecommunications sector, and the creation of a multi-tiered capital structure for FCI," said Chapman. Bingham was appointed as a result of the synergy of its market leading U.S. telecoms regulatory practice and burgeoning AiM practice in London. "This transaction represents precisely the type of cross-border synergies that the TMT practice was looking for when it joined Bingham as part of the Swidler Berlin merger last year," said Kiddoo. "There are few if any firms that combine the depth of telecom, corporate and securities expertise that Bingham was able to bring to this transaction," she added.

07-23-2007

Business and Entrepreneurial Services Attorney Joins Barnes & Thornburg LLP's Indianapolis Office
Brent D. Mosby has joined Barnes & Thornburg LLP as an associate in the firm’s Business Department and Entrepreneurial Services Practice Group.

Prior to joining the firm, Mr. Mosby served as chief corporate counsel for a homebuilding and land development company based in Indianapolis. He received a Bachelor of Science degree in business administration from Indiana University in 1997, and a Juris Doctor from Indiana University School of Law – Indianapolis in 2002 where he was Editor in Chief of the Indiana International and Comparative Law Review.

Mr. Mosby is a member of the American, Indiana State and Indianapolis Bar Associations and is admitted to practice before the state and federal courts in Indiana.

07-23-2007

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