Law Firm News

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Miller Nash LLP

Miller Nash Adds Two Members to the Trusts, Estates, and Charitable Organizations Group
Miller Nash is pleased to announce the arrival of Robin Smith-Lonergan and Randall Olsen to the firm’s Portland office. Both attorneys will contribute their experience to the Trusts, Estates, and Charitable Organizations practice group.

Robin will be focusing her practice on estate planning, charitable giving, and advising charitable organizations on all aspects of their operations. Randall, a graduate of the University of Washington School of Law, focuses his practice on estate planning and advising charitable organizations.

“The depth of experience that Robin brings to the firm will provide us with an even better understanding of the issues our clients face,” said Jeffrey Thede, leader of the Charitable Organizations practice group. “Robin and Randall possess the skills that will strengthen our team and the services we offer. We are excited about increasing our already strong estate planning and charitable organizations practice and look forward to the future with these two talented attorneys.”

Robin Smith-Lonergan brings more than 10 years of diverse experience to the firm, including experience in private practice as well as experience working internally for Yale University and University of Washington School of Law. Before joining Miller Nash, Robin served as assistant director of the Graduate Program in Taxation of the University of Washington School of Law, where she also developed and taught courses on tax-exempt organizations law. Her prior law firm experience includes working in the tax practice groups of Stoel Rives LLP in Portland, Oregon, where her practice included general tax, estate planning and charitable organizations work, and K&L Gates LLP in Seattle, Washington, where her practice focused on advising and representing charitable organizations on all aspects of their operations. Robin was also the assistant to the general counsel of Yale University, where she advised the university on charitable organizations issues.

After earning her bachelor’s degree in cultural anthropology, cum laude, at Hamilton College in Clinton, New York, Robin received her law degree and master’s degree in cultural anthropology from the University of Oregon, and her LL.M. in taxation at New York University Law School.

Randall P. Olsen previously served as a judicial extern for the Honorable Ricardo S. Martinez of the U.S. District Court for the Western District of Washington before joining Miller Nash. He is licensed to practice in Oregon and Washington.

Randall received his bachelor’s of arts and law degrees from the University of Washington. During law school, Randall served as associate editor-in-chief of the Washington Law Review. He also served as the president of the University of Washington chapter of the legal fraternity Phi Delta Phi, and acted as a teaching fellow for the first-year legal writing program.

As one of the Pacific Northwest’s largest multispecialty law firms focusing on business and litigation, Miller Nash LLP serves clients locally and worldwide from its five offices in Portland and central Oregon, and Seattle and Vancouver, Washington.

06-25-2007

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Kirkland & Ellis

Kirkland & Ellis LLP Announces U.S. Supreme Court Decision On Closely-Watched First Amendment Student Speech Case
Kirkland & Ellis LLP today announced that the U.S. Supreme Court has issued its opinion in the closely-watched First Amendment student speech case of Morse v. Frederick, often referred to as the “Bong Hits 4 Jesus” case.

Kirkland represents the Juneau School Board (Alaska) and former Juneau-Douglas High School (JDHS) Principal Deborah Morse on a pro bono basis. Kirkland asked the High Court to overturn a ruling by the Ninth Circuit Court of Appeals, which held that suspension of a student for displaying a 14-foot banner containing a pro-marijuana reference at a school sponsored and supervised event on and adjacent to school grounds while school was in session violated the First Amendment and rendered the principal personally liable for enforcing the school board’s policy prohibiting such displays.

In a majority decision written by Chief Justice John G. Roberts, Jr., and joined in full by Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas and Samuel Anthony Alito, Jr., the Supreme Court ruled that students don’t have the right to promote pro-drug messages at school-sponsored and faculty-supervised events. Justice Stephen G. Breyer concurred in the judgment in part. The Court also unanimously rejected Frederick's damages claim against Principal Morse.

Ken Starr, who is Of Counsel in Kirkland’s Los Angeles office, along with Los Angeles Kirkland partner Rick Richmond, served as counsel for the petitioners. (Former partner Eric Hagen also played an important role in the case.)

“This case raised an issue of vital importance to every school principal and administrator in the country and we are very pleased with the Supreme Court’s opinion,” Mr. Starr said.

The case has major implications for public school districts nationwide. Administrators now have a clear view on whether the First Amendment allows public schools to prohibit students from displaying messages promoting the use of illegal substances. School policies prohibiting such expression are commonplace in almost all public schools across the nation.

“We are grateful that the Supreme Court decided to hear this case and consider this important issue,” said Peggy Cowan, superintendent of the Juneau School District. “As a school administrator, teaching students in an environment that is conducive to learning is of the utmost importance. This case eliminates the confusion over whether the First Amendment permits regulation of student speech when such speech is advocating or making light of illegal substances. We appreciate the tremendous amount of time and effort that Kirkland devoted to this important case, both for ourselves and for public schools and administrators nationwide.”

Added former principal Morse, who currently serves in the school district as an administrator, “As a longtime teacher and administrator, it is my professional responsibility to uphold school board policies and to strive to protect the health and welfare of students. Messages that promote illegal drug use are prohibited by our district’s policies because they are potentially harmful to kids and disrupt the educational environment we seek to maintain in our schools. I am gratified that the Supreme Court has upheld the application of our common sense policies and confirmed that public school officials should not be inhibited in performing their duties by the specter of devastating damage awards for enforcing those policies.”

The case arises from an event that occurred in Juneau on Jan. 24, 2002. During the 2002 Winter Olympics Torch Relay, the Juneau School District participated in the event by allowing students to view the relay under the supervision of teachers and school administrators as it passed through the street in front of the high school. As the torch and television cameras approached the school, JDHS high school student Joseph Frederick and several of his friends displayed a large banner that read “BONG HITS 4 JESUS.” Principal Morse asked the students to drop the banner because it violated the school district’s policy prohibiting the display of messages promoting illegal substances. When Frederick refused, Principal Morse confiscated the banner. She subsequently suspended Frederick for displaying the banner and several related offenses.

On successive administrative appeals by Frederick, the superintendent and the school board both agreed that Principal Morse had properly suspended Frederick. Represented by an ACLU attorney, Frederick then sued both the school board and Principal Morse personally in federal district court, seeking removal of the suspension from his records, a declaration that his rights had been violated, and monetary damages.

Chief Judge John W. Sedwick of the United States District Court for the District of Alaska dismissed Frederick’s lawsuit in 2003, concluding that school officials had wide discretion to regulate speech that encouraged drug use during a school-sponsored event.

But on March 10, 2006, the Ninth Circuit reversed. The Ninth Circuit held that the school board and Principal Morse violated Fredrick’s free speech rights. And even though no other court in the country had previously held that a school’s policy against pro-drug messages was unconstitutional, the court of appeals concluded that Principal Morse’s enforcement of the Juneau School Board’s policy violated Frederick’s “clearly established rights,” thereby subjecting her to personal liability for monetary damages.

The case drew the attention and support of the National School Boards Association and the American Association of School Administrators, as well as groups involved in the fight against teenage substance abuse, like D.A.R.E. America, and former Drug Czars Barry McCaffrey and Bill Bennett.

06-25-2007

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King & Spalding

Three King & Spalding Partners Have Active Roles at Southeastern Private Equity Summit
King & Spalding, a leading international law firm, announced today that three partners in its corporate practice will take part in the Southeastern Private Equity Summit to be held in Atlanta, Georgia, on June 26, 2007. They are Lynn S. Scott, Raymond E. Baltz and Benjamin R. Newland.

Scott will chair the summit, which will focus on the latest investment strategies and developments that will affect future deals. The event is presented by West Legalworks.

Baltz will serve as moderator, and Newland will speak, in a panel discussion on global issues related to private equity. Topics they will cover include:

* Outbound investments—markets outside the United States
* Attractiveness of Middle East and China for private equity investments
* Inbound investments—foreign investments in the United States
* Unique deal terms

Scott, a member of King & Spalding’s private equity group in Atlanta, concentrates her practice in corporate and securities law, public and private equity offerings, mergers and acquisitions, corporate governance issues and reporting and compliance pursuant to the federal securities laws.

Baltz is co-chair of King & Spalding’s private equity practice and resident in Atlanta. He specializes in LBOs and other private equity transactions, mergers and acquisitions, joint ventures and strategic alliances, general corporate matters and securities matters.

Newland is in the firm’s Dubai office. His practice covers a broad range of financial and corporate matters, with particular emphasis on mergers, acquisitions and leveraged buyouts, including Shari’ah compliant buyouts and investments.

King & Spalding’s private equity practice consists of more than 150 lawyers in New York, London, Houston, Atlanta and Dubai. These lawyers have extensive experience in fund formation, mergers and acquisitions, leveraged finance, Islamic finance, securities offerings and tax and restructuring. They represent private equity investment funds, private equity management groups and institutional investors—assisting these clients in structuring, negotiating and executing leveraged acquisitions and venture capital and growth financings, and in dispositions of investments through sales, public offerings and recapitalizations.

06-25-2007

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Kennedy Covington Lobdell & Hickman, L.L.P.

Chambers USA Names Kennedy Covington Industry Leader
Kennedy Covington, one of the largest law firms in the Carolinas, has been named an industry leader in six practice areas. The rankings appear in Chambers USA Guide: America's Leading Business Lawyers 2007, a legal directory of U.S. lawyers and law firms published by London-based Chambers & Partners.

The publication recognized Kennedy Covington among North Carolina's leading firms in the areas of banking and finance, bankruptcy/restructuring (Firm Band 1), corporate/mergers and acquisitions, environment, commercial litigation, and real estate (Firm Band 1).

Chambers USA also recognized 17 of Kennedy Covington's attorneys as leaders in their respective practice areas: John M. Murchison Jr. (Band 1), anti-trust; J. Michael Booe (Band 1) and Joseph B.C. Kluttz (Band 1), bankruptcy/restructuring; J. Norfleet Pruden III (Band 1), corporate/mergers and acquisitions; David A. Franchina and Carolyn A. Jones Van Buren, environment; George C. Covington and Kiran H. Mehta, litigation; Brian P. Evans, Glen B. Hardymon, Walter D. Fisher Jr., E. Allen Prichard and Maynard E. Tipps, real estate; Lacy H. Reaves (Band 1) and William J. Brian Jr. (Band 1), zoning/land use. J. Donnell Lassiter, banking and finance, and Clarence W. Walker, corporate/mergers and acquisitions, were recognized as "Senior Statesmen" in their respective fields.

06-25-2007

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Katten Muchin Rosenman LLP

Katten Represents Nuveen’s Special Committee in Proposed $6.3 Billion Acquisition by Investor Group
The law firm of Katten Muchin Rosenman LLP is pleased to have served as legal counsel to a Special Committee to the Board of Directors of Nuveen Investments Inc. (NYSE:JNC), in connection with the evaluation and negotiation of a buyout offer from an investor group led by Madison Dearborn Partners LLC. Nuveen, a leading provider of diversified investment services to institutional and high-net-worth investors, is the largest U.S. manager of closed-end funds. The offer to acquire Nuveen is valued at $6.3 billion, including existing debt of $550 million, and has been reported to be one of the largest buyouts of an asset manager.

Nuveen Investments stockholders will receive $65.00 in cash for each share of Nuveen common stock they own, representing a premium of 20 percent over the closing price of Nuveen shares on June 19, 2007, and a 26 percent premium to the 90-day average closing price of $51.56. The offer, announced June 20, also represents a 16 percent premium to Nuveen’s all-time, intra-day high of $56.20, which it reached on January 11, 2007.

Katten partners Herbert S. Wander, Jeffrey R. Patt and Michael J. Diver served as counsel to Nuveen’s Special Committee on the deal. All are based in the Firm’s Chicago office.

Katten’s sophisticated Mergers and Acquisitions and Corporate Governance Practices are responsive to their clients and their objectives, working efficiently, cost-effectively, and with a dedication to excellent client service. The Practices’ attorneys represent public and private clients in a broad range of domestic and international acquisitions, sales, divestitures, leveraged buyouts, management buyouts, going private transactions and joint ventures. The Mergers and Acquisitions Practice handles billions of dollars in business combinations each year, ranging from small, privately negotiated transactions to mergers of large public companies. Representation of private equity firms and private equity-backed portfolio companies also comprises a significant portion of the Practice.

06-25-2007

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Holland & Hart, L.L.P.

Holland & Hart Attorney Brian Fischenich Receives Pro Bono Award
Brian Fischenich, an attorney in the Boise office of the Rocky Mountain regional law firm of Holland & Hart, will receive one of the Idaho State Bar's 2007 Denise O'Donnell-Day Pro Bono Awards for his extraordinary service to the community. Over the past year, Fischenich initiated pro bono case work for domestic violence victims with the Idaho Volunteer Lawyers Program and Catholic Charities of Idaho.

Fischenich represented domestic violence victims under the Violence Against Women Act, which allows victims to obtain immigration relief without their abusers' knowledge. He helped numerous victims get legal visas under this act and encouraged several additional Boise attorneys, including Holland & Hart's Kevin Braley, Brad Goergen, Matt Hicks, Pam Howland, Maureen Ryan, and Nicole Snyder, to take on similar pro bono cases.

The Bar will present the pro bono award at its District Resolution Meeting in the fall, and Fischenich will also be acknowledged at the Bar's Annual Meeting in July.

As the largest law firm based in the Rocky Mountain area, Holland & Hart has offices in Boise and throughout the region. The Holland & Hart Boise office provides a full range of legal services including litigation, corporate, and environmental representations and counseling for businesses, individuals, and communities across Idaho and the West.

06-25-2007

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Fowler, White, Boggs & Banker, Attorneys At Law

Rhea F. Law Named One of Florida’s Top Managing Partners & Thirteen Attorneys Named to Florida Trend’s Florida Legal Elite
Rhea F. Law was named one of the Top Managing Partners in Florida Trend’s Florida Legal Elite survey. She was also named Florida Legal Elite in the area of Environmental and Land Use law. The following attorneys were also recognized as Florida’s Legal Elite in their practice areas: Appellate Practice – Hala A. Sandridge; Commercial Litigation – Peter B. King, Julie Simone Sneed and Burton W. Wiand; Environmental and Land Use – Rhea F. Law and Linda L. Shelley; Health – Michael J. Dewberry, James J. Evangelista. and Edward M. Waller, Jr.; Labor and Employment –Heather B. Brock and John W. Robinson, IV; Tax – Mitchell I. Horowitz; Wills, Trusts and Estates – E. Jackson Boggs. These Fowler White Boggs Banker attorneys are among the top 2% of The Florida Bar members who were selected in a peer review survey.

The following Fowler White attorneys were named Up-and-Coming Legal Elite: Ceci C. Berman, an associate in the firm’s Appellate Practice Group, Tirso M. Carreja, Jr. and Donald R. Kirk, shareholders in the firm’s Commercial Litigation Practice Group and Lindsey R. Trowell, an associate in the firm’s Securities, Financial Services and White Collar Practice Group.

06-25-2007

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