Law Firm News

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Law Firm News

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Fitzpatrick, Cella, Harper & Scinto

Fitzpatrick Listed as Leading Firm in Chambers & Partners' 2007 U.S. Guide
Intellectual property law firm Fitzpatrick, Cella, Harper & Scinto is pleased to announce that for the fourth year, it has been ranked by British legal directory publisher Chambers & Partners as one of the leading firms in Intellectual Property, in New York and nationally, in Chambers USA’s fourth edition. The firm was ranked in the top of six tiers. Attorney Robert Baechtold was ranked individually in the “star” category (for “attorneys with exceptional recommendations in their field”) in New York for the Patent category and ranked as one of the nation’s leading intellectual property litigators in the Life Sciences category.

“We are thrilled to be recognized by Chambers & Partners for the fourth consecutive year,” said Fitzpatrick, Cella Managing Partner Dominick A. Conde. “This year’s award is a testament to our continued commitment to providing the highest level of quality intellectual property legal services to our clients.”

According to Chambers USA, Fitzpatrick, Cella “continues to hold its own on the litigation side…and is particularly impressive in complex patent litigation matters.” Mr. Baechtold is noted for his superior expertise in the pharmaceutical categories, and was also highlighted as “a pivotal figure in the practice for his excellent court room skills.”

Chambers USA researchers conducted more than 10,000 interviews with leading private practice attorneys and key in-house counsel. They applied a ranking of 1-6 bands that distinguish levels of seniority or significant activities of lawyers.

06-18-2007

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Fasken, Martineau & Du Moulin, L.L.P.

Kerry Canada Wins Landmark Ruling in Ontario Court of Appeal
Fasken Martineau, representing the defendant, Kerry Canada, against former company employees, in Kerry (Canada) Inc. vs. DCA Employees Pension Committee, won an important ruling, overturning a Divisional Court decision.

At issue were pension plan administration expenses, contribution holidays and the conversion in 2000 of the employees' pension plan from a defined benefit plan to a defined contribution plan. The Court of Appeal found that the plan's documentation did not exclude Kerry from paying expenses from the fund as the payment of those expenses was not inconsistent with the language of the plan and trust documents, and therefore the earlier Divisional Court decision was reversed. In addition, the court ruled that it is permissible to use surplus funds from the defined benefit component of the plan to fund contributions in respect of the defined contribution component of the same plan. Contribution holidays taken with respect to the defined benefit component of the plan were therefore found to be valid.

This decision will have a significant impact on the actions of employers in managing employee pension plans and as a result has received extensive media exposure (particularly in the pensions and benefits area) as well as attention from the pension law bar.

Kerry Canada Inc. was represented in the Ontario Court of Appeal, the Divisional Court and before the Financial Services Tribunal by Ronald J. Walker and Christine P. Tabbert.

For further information on the effects of this decision, please contact a member of our Pensions and Benefits Group.

06-18-2007

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Certilman, Balin, Adler & Hyman, LLP

Marilyn Price Named One of Long Island's Top 50 Women
Marilyn Price, Partner in the Real Estate Practice Group at Certilman Balin Adler & Hyman, LLP, has been named, for the second time, as one of Long Island’s Top 50 Women by Long Island Business News.

Ms. Price has 29 years of experience in all aspects of commercial and residential real estate transactions. She represents lenders on commercial and residential mortgages, developers on the sale of new homes including homeowners’ associations, condominiums and cooperative apartments and individual buyers and sellers of homes.

For nearly a decade, Price has served as Vice Chair of Hofstra University’s Advisory Board and for the past several years has co-chaired Hofstra’s Support Our Scholarship Committee. As immediate past president, a board member and current treasurer of The Cornell Alumni Ambassadors Admission Network, Price volunteers as a mentor in the Lawyers in Kids’ Education program.

During her career, she has chaired numerous committees and raised thousands of dollars for The Cooley’s Anemia Foundation, the Five Towns Community Chest, Peninsula Counseling Center and Women’s American ORT. She is also a member of the Long Island Chapter of the International Association of Corporate Real Estate Executives and the Long Island Builders Institute. Currently, she serves on The March of Dimes Real Estate Division Board and was named one of its Women of Distinction.

A sought-after lecturer, Price has taught CLE classes. She is a life-long resident of Long Island, has three grown sons and resides in Melville with her husband Michael. She holds degrees from Cornell University and Hofstra University School of Law.

06-18-2007

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Allen, Matkins, Leck, Gamble, Mallory & Natsis, LLP

Chambers & Partners Recognizes Allen Matkins as the #1 Real Estate Law Firm in California for the Sixth Consecutive Year; Mallory, Matkins, Natsis and Ehrhart Honored
Chambers & Partners has released its rankings for the premier real estate law firms in California and has announced that Allen Matkins is again the number one real estate law firm in California.

On the Chambers & Partners website, the firm is referred to as a venerable California firm that continues to stand head and shoulders above both local and national competitors. The firm boasts more than 100 "incredible attorneys" working directly on real estate matters, and support from dedicated tax and litigation teams. Mike Matkins, Rick Mallory, Tony Natsis, and Kevin Ehrhart have also been individually recognized by the publication.

This is truly a great honor for the firm. To identify top law firms for the Chambers & Partners U.S. directory, 40 full-time researchers conduct more than 7,000 interviews of clients and peers in the industry over a period of 8 months. For your convenience, the following is what Chambers & Partners said about the firm on their website:

The Firm: The firm was said to have an "extremely prominent and roundly admired real estate practice" and established itself as “a powerhouse in California real estate,” with the ability to call on more than 100 real estate attorneys. Clients enthuse about the “very smart specialists in every field who can address every client need.” A “ubiquitous presence” in California, the team maintains a sizable and loyal client base. Leasing work is an area of particular excellence for the firm, with sources commending “the great technical competence” of the group’s attorneys here. The team is singled out for its ability to “navigate planning, approval and permitting matters, both in California and nationally.” The past year has seen the team handle a significant volume of work; highlights include an unprecedented PPP for the modernization of Los Angeles Air Force Base, as well as acting for Starwood in a variety of acquisitions and dispositions, especially relating to a major hotel-to-condominium conversion.

The Lawyers The “truly brilliant” Rick Mallory is considered by peers to be among “the cream of California.” Working extensively in commercial leasing, the past year saw him handle a large volume of work, including a 560,000 sq ft commercial lease between Meridian Industrial Trust and Leiner Health Products.

Lauded as “a brand name in his own right,” Michael Matkins acts regularly as representative for entrepreneurial developers. A problem solver, clients comment that he “really knows the law without getting lost in theory.” He worked on a number of major joint venture developments in the past year, including the Los Angeles Air Force Base mandate.

Tony Natsis is a “go-to guy,” especially in leasing transactions. Described by peers as “phenomenal ,” he has a robust reputation in the field.

Kevin Ehrhart is a “young superstar” at the firm. “Practical and even-tempered ,” his recent work has focused on representing developers.

06-18-2007

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Shearman & Sterling LLP

National Semiconductor's $1 Billion Senior Unsecured Notes Offering
Shearman & Sterling LLP represented Goldman, Sachs & Co. as sole bookrunner with Banc of America Securities LLC as co-manager in connection with an automatic shelf registration of National Semiconductor Corporation and the subsequent takedown of $250 million Senior Floating Rate Notes due 2010, $375 million 6.150% Senior Notes due 2012 and $375 million 6.600% Senior Notes due 2017.

Proceeds from this offering were used to partially repay indebtedness under National's recent $1.5 billion bridge facility, the proceeds of which were used to repurchase outstanding shares of the company's common stock pursuant to a $1.5 billion accelerated share repurchase program announced on June 7, 2007.

National Semiconductor is one of the world's leading semiconductor companies focused on analog and mixed-signal integrated circuits, or ICs. Founded in 1959, the Company designs, manufactures, and markets high-value, high performance, analog-intensive solutions that are differentiated by energy efficiency, portability, better audio, sharper images and higher performance in electronic systems.

Attorneys included partners John Wilson (SF-CM) and Mark Hyland (SF-CM), and associates Christopher Dumper (SF-CM), Ji Liu (MP-CM) and Queenie Hui (SF-CM).

06-18-2007

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Morrison & Foerster, LLP

Morrison & Foerster Represents Shanghai Century in US$168 Million Cross-Border Business Combination with Kelun Pharmaceutical
Morrison & Foerster's China team is representing Shanghai Century Acquisition Corporation, a special purpose acquisition company listed on the American Stock Exchange, in its proposed business combination with China-based Sichuan Kelun Pharmaceutical, China's largest IV solutions product manufacturer. The definitive acquisition agreement was signed in May 2007, and the closing of the transaction is subject to the requisite PRC government approvals as well as Shanghai Century's shareholders approval. Based on Shanghai Century’s current share price, the initial consideration for the acquisition values Sichuan Kelun Pharmaceutical at approximately US$168 million, with additional cash and shares payable if certain earnings targets are achieved post-closing. Once completed, the transaction will be the first cross-border acquisition by an offshore listed company involving a share swap under China’s new M&A regulations.

Partners Xiaohu Ma and Paul Boltz led a multi-disclipinary team to address the complex U.S. securities and PRC foreign investment, contract law, antitrust and other regulatory issues.

06-18-2007

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Morgan Lewis & Bockius LLP

Morgan Lewis Adds Noted Litigator to its National White Collar Practice
Morgan, Lewis & Bockius LLP is pleased to announce that Eric W. Sitarchuk, former federal prosecutor and trial lawyer, has joined the firm’s national White Collar Practice as a partner. Mr. Sitarchuk will be a member of the firm’s Litigation Practice and will be resident in the firm’s Philadelphia office.

Mr. Sitarchuk comes to Morgan Lewis from Ballard Spahr Andrews & Ingersoll LLP, where he was head of that firm’s White Collar Litigation Group. He joins one of the largest national corporate investigations and white collar practices with significant teams in major geographic areas, including Philadelphia, New York, Washington, D.C., San Francisco, and Los Angeles. Comprised of many former federal prosecutors, the White Collar Practice also includes three former members of the Enron task force.

“Companies face great challenges as the traditional boundaries of criminal and civil enforcement continue to expand,” said James D. Pagliaro, leader of the Litigation Practice at Morgan Lewis. “Eric is one of the most prominent and well-respected members of the white collar bar in this area. He adds significant experience, depth, and expertise to our already thriving white collar practice, and further enhances our ability to offer leadership and experience to our clients across many industries,” he continued.

Mr. Sitarchuk has defended securities violations, healthcare fraud, clinical research fraud, import/export violations, technology transfer, theft of trade secrets, defense contract fraud, money laundering, official corruption, tax fraud, environmental violations, Foreign Corrupt Practices Act (FCPA) violations, and a variety of other matters.

In addition to handling traditional white collar criminal defense, Mr. Sitarchuk defends related civil litigation, including Civil False Claims Act matters and antitrust class actions.

“Morgan Lewis’s diverse team is unique for its size, depth of bench strength, and range of industry expertise,” said Mr. Sitarchuk. “The firm provides a broad platform to focus on cross-practice group efforts, and to expand capabilities for clients,” he continued.

Mr. Sitarchuk’s practice also includes representing clients in high-profile government investigations. He has successfully persuaded prosecutors to close investigations without taking action on behalf of prominent lawyers, executives, public officials, and Fortune 500 companies and other institutions. Mr. Sitarchuk also counsels clients, including boards, audit committees, and management, on the development and implementation of internal compliance and ethics programs, the conduct of internal investigations, and Sarbanes-Oxley issues.

Eric Sitarchuk graduated cum laude from Franklin & Marshall College in 1979. He graduated with high honors from George Washington University Law School in 1983, where he was a member of the George Washington Law Review and the Order of the Coif. Following law school, Mr. Sitarchuk was a law clerk for the Honorable Bruce S. Mencher of the District of Columbia Superior Court. He is a faculty member of the Department of Justice Office of Continuing Legal Education.

06-18-2007

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