Law Firm News

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Law Firm News

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Wiggin and Dana LLP

Wiggin and Dana Partner William H. Prout, Jr. Installed as Connecticut Bar Association President
The Connecticut Bar Association (CBA) has installed Wiggin and Dana LLP partner William H. Prout, Jr. as its 84th President. Mr. Prout was confirmed at the CBA’s annual meeting on June 18th and will serve for the 2007-2008 term. Mr. Prout will be the third Wiggin and Dana partner to lead the CBA; the first was the Firm’s founding father, Fred Wiggin, and the second was John Q. Tilson.

06-27-2007

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Ward and Smith, P.A.

Ward and Smith, P.A. Welcomes 2007 Second Session Summer Associates
Ward and Smith, P.A. is pleased to announce its second session of Summer Associates: Jonathan W. Anderson, Philip Z. Brown, Kelly D'Aprile, and Blair L. Webb. The firm welcomes back Michael J. Parrish from the first summer session.

Jonathan W. Anderson is a 2008 J.D. candidate at Wake Forest University School of Law and is a member of the Wake Forest Law Review. In the summer of 2006, he was a legal intern for the North Carolina Real Estate Commission where his responsibilities included drafting notices of hearings, warning letters, and discovery requests. He graduated with a B.A. in Sociology in 2005 from the University of North Carolina.

Philip Z. Brown joins us from Campbell University School of Law where he is a 2008 J.D. candidate. During the 2007-2008 school year, he will serve as managing editor of the Campbell Law Review. In 2006, he was an intern for the Orange County District Attorney's Office in Hillsborough, NC, where his responsibilities included conducting interviews with victims and witnesses in preparation for trial. Philip earned his B.A. in Government and Philosophy in 2004 from Franklin and Marshall College in Lancaster, PA, where he served as editor-in-chief of the College Dispatch.

Kelly D'Aprile is a 2008 J.D. candidate at Campbell University School of Law. She is a staff member of the Campbell Law Review and is an assistant editor and casewriter for the Campbell Law Observer. Kelly attended the paralegal program at Meredith College and, upon completion in 2002, worked as a paralegal for three years before entering law school. She received dual B.A. degrees in Political Science and Peace, War, and Defense in 2001 from the University of North Carolina.

Blair L. Webb joins us from Campbell University School of Law where she is a 2008 J.D. candidate. She is the recipient of the Ferd L. & Selma Ann Harris Davis Memorial Law Endowed Scholarship and has worked as an intern for Associate Justice George L. Wainwright, Jr. of the North Carolina Supreme Court. Blair received her B.A. in 2003 from the University of North Carolina's School of Journalism and Mass Communication where she was a member of the Gamma Sigma Alpha National Greek Academic Honor Society.

Michael J. Parrish rejoins us from Wake Forest University School of Law and is a 2008 J.D. candidate. He participates on the Moot Court Board on the National First Amendment Team and is a member of the Wake ForestIntellectual Property Law Journal. Michael earned his B.A. in Economics in 2004 from the University of North Carolina where he was a Scarboro Scholarship recipient.

06-27-2007

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Miller, Johnson, Snell & Cummiskey, P.L.C.

Chambers USA Ranks Firm & Attorneys as Among Best in Michigan in Business, Employment and Litigation Law
international law firm guidebook publisher Chambers and Partners ranks Miller Johnson among the best in Michigan in litigation, corporate and employment & labor law in its 2007 report. Chambers also ranks the following three Miller Johnson attorneys as tops in their field: Jon Muth, Jon March and Jeffrey Ammon.

Based in England, Chambers has researched lawyers and law firms around the world since 1969, and publishes an annual guide to the best firms and individual lawyers called Chambers USA.

Chambers USA states that Miller Johnson is “one of West Michigan’s leading law firms,” and called Mr. Muth the “most skilled person in Michigan in the field of facilitative mediation.” The guide recognizes Mr. Ammon’s “balanced and unique approach,” and called Mr. March “a seasoned litigator.”

The report falls in line with other rankings, such as Martindale-Hubbell, Best Lawyers and Super Lawyers, all of which highly rank these attorneys.

Founded in 1959, Miller Johnson has more than 90 attorneys practicing from offices in Grand Rapids and Kalamazoo. A full-service firm, Miller Johnson’s attorneys provide legal counsel to businesses and individuals in areas such as business and corporate law, litigation, employment and labor, employee benefits and estate planning.

06-27-2007

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McNair Law Firm, P.A.

McNAIR LAW FIRM, P.A. RECOGNIZED BY CHAMBERS USA, America’s Leading Lawyers for Business® IN ITS 2007 EDITION
McNAIR LAW FIRM, P.A. IS RECOGNIZED AGAIN THIS YEAR BY CHAMBERS USA, America’s Leading Lawyers for Business 2007 ® FOR ITS PRACTICE AREAS OF CORPORATE/MERGERS AND ACQUISITIONS, REAL ESTATE and GENERAL COMMERCIAL LITIGATION and FIVE McNAIR SHAREHOLDERS ARE COMMENDED FOR THEIR OUTSTANDING LEGAL ABILITIES.

CORPORATE/MERGERS and ACQUISITIONS

CHAMBERS states that “Commentators report that this firm is “involved in a significant number of transactions throughout the state simply by virtue of its size.” With more than 100 lawyers it has ample capacity to handle transactions of high complexity and scale. The team is spread between eight offices across the state, in Hilton Head Island, Bluffton, Charleston, Georgetown, Myrtle Beach, Columbia, Anderson and Greenville. On the corporate side, the team handles mergers and acquisitions, securities offerings, company reporting requirements, general corporate, partnership and financing matters. On the banking side, the group also takes on a range of work including: commercial and consumer lending, regulatory compliance, bank organization, and workouts. The team is frequently asked to act as local counsel in multistate transactions as it has “strong roots” in the community. Work with technology startup companies and private equity investors has been steadily growing, with the firm acting as South Carolina counsel…”

CHAMBERS specifically mentions two McNAIR lawyers in this area of practice, John W. Currie and William M. Musser (both in McNAIR’s Columbia office).

CHAMBERS says, “‘Wonderfully professional’’ John Currie handles large transactions for large corporate clients in a ‘direct, comprehensive and extremely well- managed’ way, say peers.”

CHAMBERS goes on to say that, William M. Musser “is a well-recognized expert in bonds and finance matters and displays ‘excellent skills as a lawyer,’ according to peers.”

REAL ESTATE

CHAMBERS singles out this practice area of McNAIR saying, “Sources report that the attorneys at this ‘great firm’ have ‘substantial clients and are fantastic to deal with.’ Around 30 lawyers handle a variety of real estate matters ranging from acquisitions, development work, environmental issues, foreclosures and workouts to leasing, land use and zoning matters. Lending and finance consumer credit and bank representation also form elements of the team’s practice.” “…Zoning is considered to be a particularly strong aspect of the team’s work. This year it advised on a number of mixed-use developments and undertook various timeshare closings…”

CHAMBERS profiles two McNAIR lawyers in the real estate practice group,
J. Sidney Boone, Jr. (McNAIR’s Charleston office) and Judith L. McInnis (McNAIR’s Columbia office).

CHAMBERS states of Sid Boone that “Peers have the ‘utmost regard’ for Sidney Boone who is widely considered ‘the lawyer to go to if you want to get a deal closed.’ As one source put it: ‘In complex transactions he is extremely capable at working with other lawyers to reach a solution.’”

CHAMBERS goes on to say “‘Superb problem-solver and creative thinker’ Judith McInnis is ‘great at implementing the directions of her clients,’ say peers. She represents institutional lenders in a variety of lending and real estate financing situations including conduit lending and mezzanine financing.”

GENERAL COMMERCIAL LITIGATION

CHAMBERS states “This ‘well-connected’ statewide firm has an ‘excellent client base and focuses on quality,’ say peers. Its 35 attorneys are ‘smart and have great integrity: it is hard to improve on that.’ Both criminal and civil matters are taken on at state and federal level and the team also has experience of dealing with matters in trial and appellate courts. Niche areas of expertise include admiralty, pharmaceuticals, civil rights, public utility, foreclosure and professional malpractice liability, with healthcare, antitrust and immigration being busy areas for the firm this year. IP, including patents, trademarks and trade secrets, was also a healthy area of practice, with the team representing a clothes jobber in a trademark case concerning counterfeit goods.”

CHAMBERS singles out Celeste T. Jones (McNAIR’s Columbia office) saying “Commentators give Celeste Jones ‘high marks for her businesslike and reasonable approach.’ What particularly impresses is her ‘real capacity to get her point across effectively and her tenacity as a litigator.’ Some recent engagements include white-collar criminal defense work focused on tax issues, and acting for a medical company that had allegedly failed to pay sales taxes.”

McNAIR LAW FIRM, P.A. has eight offices in South Carolina and one in North Carolina. To learn more about the Firm or its attorneys please visit www.mcnair.net. For more information on CHAMBERS USA and the complete directory listing, visit www.CHAMBERSandpartners.co.uk .


Apr. 23 , 2007
McNAIR LAW FIRM ELECTS NEW SHAREHOLDERS

McNAIR LAW FIRM, P.A. IS PLEASED TO ANNOUNCE THAT

SARAH F. ROBERTSON has become a Shareholder of McNAIR LAW FIRM, P.A.

Ms. Robertson became an Associate with the Firm by merger in our Hilton Head Island, South Carolina office in 2004. Sarah was graduated from the University of South Carolina, Honors College, B.A., English, magna cum laude, in 1994 where she was Phi Beta Kappa and a member of the Golden Key National Honor Society. She earned her Juris Doctorate degree from Emory University School of Law in 1997. Sarah’s practice areas are REAL ESTATE, CORPORATE and BUSINESS LAW.

And that

ROBERT M. DEEB, JR. has joined McNAIR LAW FIRM, P.A. as a Shareholder in its Hilton Head Island, South Carolina office and his areas of practice are COMMERCIAL and RESIDENTIAL REAL ESTATE LAW.

Bob was graduated in 1982 with majors in Business and English from Stetson University. He subsequently attended the Stoney Brook campus of the State University of New York where he earned a Master’s Degree in English Literature. Bob earned his Juris Doctorate degree from the University of South Carolina, School of Law in 1992. His practice concentration includes real estate commercial and residential subdivisions, horizontal property regimes, planned unit developments, and property owner association representation. He also handles commercial and residential property acquisitions and loan closings.

06-27-2007

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Davis Polk & Wardwell

Roche Makes Offer to Acquire Ventana Medical Systems
Davis Polk & Wardwell is advising Roche Holding Ltd on its proposed acquisition of Ventana Medical Systems, Inc., a leader in the fast-growing histopathology (tissue-based diagnostics) segment. Headquartered in Basel, Switzerland, Roche is one of the world’s leading research-focused health care groups in the fields of pharmaceuticals and diagnostics.

Roche will commence a tender offer to acquire all outstanding shares of common stock of Ventana Medical Systems for $75.00 per share in cash, valuing the transaction at approximately $3 billion. The offer will be subject to customary conditions, including the tender of a majority of Ventana’s shares of common stock and Ventana’s board of directors taking all necessary actions to make its shareholder rights plan inapplicable to Roche’s offer.

The Davis Polk transaction team includes partners Arthur F. Golden, Christopher Mayer and Marc O. Williams, associates Bradley Mitchell and Terrence R. O’Donnell (not yet admitted) and summer associate Shan Jiang, all of the New York office. Partner Lawrence Portnoy and associates Scott B. Luftglass and Brian M. Burnovski, all of the New York office, are providing litigation advice. Partner Joel M. Cohen and associate Stephen M. Pepper, both of the New York office, are providing antitrust advice. Counsel Loyti Cheng and associate Heather Daly, both of the New York office, are providing environmental advice. Partner Steven S. Weiner and associate Duane Nash, both of the Menlo Park office, are providing intellectual property advice. Partner Michael Mollerus and associate David Morris, both of the New York office, are providing tax advice. Partner Jean M. McLoughlin and associate Carolyn G. Cope, both of the New York office, are providing employment advice. Shelley Hoffman is the legal assistant on the transaction.

06-27-2007

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Weil, Gotshal & Manges, LLP

Nuisance Shareholders Suffer Defeat at the Hands of Weil, Gotshal & Manges in German Federal Supreme Court Case
The Frankfurt office of the international law firm Weil, Gotshal & Manges LLP, in conjunction with attorney Dr. Herbert Messer, has succeeded in securing a precedent ruling in a Federal Supreme Court case relating to avoidance actions/cost reimbursement of so-called "nuisance shareholders" that is very positive for both client Augusta Technologie AG in particular, and stock corporations in general. In ruling on the appeal on points of law filed with the Federal Supreme Court by Augusta Technologie AG, the court stated in no uncertain terms that intervening third parties in avoidance actions will not be reimbursed for costs if, as is frequently the case, a settlement in the form of a withdrawal of the action in return for payment of court and attorneys' fees is agreed. Up to now, intervening parties, which frequently join an action as a third party, had asserted that they were entitled to the same cost reimbursement claim as the actual plaintiff of the avoidance action. In its press release on the decision, the Federal Supreme Court clearly and unmistakably pointed out that "intervening parties of so-called 'nuisance shareholders' … in future can no longer expect to collect considerable attorneys' fees if the plaintiff and the company sued enter into a settlement". This ruling puts an end to the questionable practice of intervening parties of obtaining financial advantages by merely joining the lawsuit on the side of the plaintiff without actually dealing with the issues at hand.

The plaintiffs had challenged resolutions passed at the general meeting of Augusta Technologie AG by filing actions for avoidance. The intervening parties, nuisance shareholders known from many similar proceedings, joined the lawsuit on the side of the plaintiffs, however, as is common practice, without actually submitting a substantive brief on their own. The plaintiffs and the defendant entered into a settlement before the Frankfurt am Main Regional Court obligating the plaintiffs to withdraw the action and the defendant to assume the court and attorneys' fees of the plaintiffs. The Regional Court dismissed the motion of the intervening parties to order the defendant to assume their attorneys' fees as well. The Frankfurt am Main Higher Regional Court, however, allowed an appeal of this decision by an intervening party and ordered the defendant Augusta Technologie AG to pay the attorneys' fees. The subsequent appeal on points of law filed with the Federal Supreme Court by Augusta Technologie AG objects to this decision of the Frankfurt am Main Higher Regional Court.

Weil, Gotshal attorneys Britta Grauke and Uwe Hartmann as well Dr. Herbert Messer of the law firm Dres. Messer und von Mettenheim, Karlsruhe, advised client Augusta Technologie AG in this win before the Federal Supreme Court.

06-27-2007

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Paul, Hastings, Janofsky & Walker LLP

Legislation Introduced to Increase Taxes on Manager Profits from Private Equity Funds, Real Estate Funds and Hedge Funds
After several months of congressional interest in the tax treatment of carried interest distributions received by the general partners and managers of private investment funds, including private equity, real estate and hedge funds, two giant shoes dropped within the past 10 days. On June 22, 2007, the powerful Chairmen of the House Ways and Means Committee and the House Financial Services Committee and the Chairman of the House Democratic Caucus joined Sander Levin (D-MI), Chairman of the Subcommittee on Trade of the House Ways and Means Committee, in introducing H.R. 2834, the “Investment Management Services Taxation Act.” This legislation, if enacted, would require that “carried interest” be treated for tax purposes as ordinary income taxed at 35% rather than capital gains taxed at 15

06-27-2007

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