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Saskatchewan Wheat Pool completes C$1.8 billion acquisition of Agricore United
Torys represented Saskatchewan Wheat Pool, working with General Counsel Ray Dean. Torys' team was led by James Scarlett and included Tony DeMarinis, Patrice Walch-Watson, Adam Armstrong, John Emanoilidis, Tom Yeo, Adam Levy, Jackie Taitz, Victoria Blond, Jim Miller, Jon Reay, Raymond Archer and Natasha Banka (Canadian corporate/securities); Tom Zverina, Jonathan Weisz, Nadine Rockman, Darien Leung and Theresa Gregoire (lending); Jay Holsten, Sue-Anne Fox, David Wawro, Jay Romagnoli and Craig Pell (competition); Sabrina Gherbaz, Joanna Dybel, Danielle Townley and Ken Fone (real estate); Chris Medland and Stacey Parker-Yull (pension and employment); Andy Beck and Mike Arnot (U.S. securities); John Cameron and Bill Estey (research); Corrado Cardarelli and Grace Pereira (tax); Jim Tory (litigation); Blair Keefe (financial institutions); and Dennis Mahony and Michael Fortier (environmental).

Saskatchewan Wheat Pool Inc. (TSX: SWP) announced that it completed its acquisition of all of the outstanding limited voting common shares of United Grain Growers (doing business as Agricore United, TSX: AU) that were not already owned by SWP, and that AU had redeemed each of its outstanding Series A convertible preferred shares not already owned by SWP. AU is now a wholly owned subsidiary of SWP and its shares are no longer traded on the Toronto Stock Exchange. The total value of the acquisition, including cash and assumed debt, is approximately C$1.8 billion.

In connection with the acquisition, SWP obtained new credit facilities, and closed a private placement and three public offerings of subscription receipts. It is also currently in the process of completing significant asset sale transactions with James Richardson International Limited and Cargill Limited.

Saskatchewan Wheat Pool, headquartered in Regina, is a major Canadian agribusiness that supplies grain and other agricultural products to markets across North America and globally.

Agricore, headquartered in Winnipeg, is a leading diversified agribusiness with crop inputs and services, grain merchandising, livestock production services and financial services across western Canada, the United States and Japan.

06-15-2007

Dunn Carney Attorneys Recognized in Chambers and Partners Survey
Dunn Carney’s real estate group, notably Gil Parker and Ken Antell, and Tom Tongue were noted in the Chambers and Partners 2007 rankings again this year. See this link for the commentary in Chambers. Congratulations to Gil, Ken and Tom!

06-15-2007

NJ Supreme Court Affirms Student’s Right to Fair Evaluation
Schnader attorney H. Justin Park secured another important victory in the case of a student of Rutgers University seeking a full and fair evaluation of her status as an in-state resident for tuition purposes. In an opinion issued yesterday by the Supreme Court of New Jersey, the decision of the Appellate Division – which held that the University must fully review the student’s significant documentary evidence of her domiciliary status in New Jersey according to established regulatory practice – was affirmed.

“We are pleased with the Supreme Court’s decision today and hope that it will bring about a fair, impartial, complete review of the student’s status, to which she is entitled according to the regulations,” stated Mr. Park. “She has presented overwhelming documentary evidence in support of her claim that she is ‘domiciled’ in the State of New Jersey and she should be afforded the right to a review of those materials by Rutgers.”

Schnader attorney Jerry L. Tanenbaum, who concentrates part of his practice on education law, assisted Mr. Park with the case, which challenged a finding by Rutgers University that the plaintiff, Ezrina Shim, was not ‘domiciled’ in the State of New Jersey and therefore not entitled to the lower in-state tuition rates that are available to qualified individuals. While Ms. Shim’s parents reside in Korea, Ms. Shim was born in the United States and is a United States citizen. She spent several years of her childhood in the United States, but also traveled with her parents and lived in Korea with them for a period of time after they relocated to that country for job-related reasons. In 1999, she left Korea and moved to Mount Laurel, New Jersey to live with her aunt and uncle, where she enrolled in the local high school, graduating four years later.

Upon graduating from high school in New Jersey, she enrolled at Rutgers University and requested in-state status for tuition purposes. The University however, rejected her request and denied her the lower tuition rate afforded to such students on the ground that because her parents provided her with financial support, she was domiciled in Korea where they lived. Ms. Shim, who was then 19 years old and a legal adult capable of choosing her own domicile, did not deny that she received financial support from her parents, but maintained that she was nevertheless domiciled in New Jersey and therefore deserving of the lower tuition rate. In support of her case, she provided the University with extensive documentary evidence, including: (a) a New Jersey driver’s license; (b) proof of New Jersey automobile registration; (c) a voter registration identification card issued by Burlington County, New Jersey; (d) a letter from the Marlton, New Jersey branch of Commerce Bank attesting to her ownership of a checking account in the state; (e) federal and New Jersey personal income tax returns for 2002; and (f) records showing income tax deductions in connection with employment in both Mount Laurel and Cherry Hill, New Jersey; and, (g) testimonial letters from various third parties attesting to her intent to continue living in New Jersey on a permanent or indefinite basis.

Despite the overwhelming amount of documentary evidence Ms. Shim provided in support of her claim, the University rejected her request for the in-state tuition rate, and she subsequently appealed to the Law Division of the Superior Court of New Jersey, which found in favor of the University. Ms. Shim then appealed that decision to the Appellate Division, which reversed the lower court’s decision, and ordered that the University fully review Ms. Shim’s significant documentary evidence of her domiciliary status in New Jersey according to established regulatory practice. The Supreme Court’s decision yesterday affirmed the Appellate Division’s decision requiring a full and fair review.

With this most recent victory, it is hoped that Rutgers University will proceed with a full and fair review of Ms. Shim’s request to be identified as a New Jersey domiciliary who is eligible to receive in-state tuition rates; the firm will continue to support Ms. Shim in this effort. Beyond the ramifications for this particular student, however, the case is important because it clarifies the interplay between the applicable statute and its regulations, and overrules Rutgers' prior practice of applying a predetermination against domicile for any student who is financially dependant on his or her parents, regardless of the number of years the student may have lived in New Jersey or any other evidence establishing New Jersey as the state of intended domicile.

06-15-2007

Chambers USA Names Rothgerber Johnson & Lyons LLP and 4 of its Attorneys as "Leaders in Their Field" - Commercial Litigation Practice Awarded National "Rank 1" Honor
Chambers USA has listed the law firm of Rothgerber Johnson & Lyons LLP, and 4 of its attorneys for its annual directory of "America’s Leading Lawyers for Business," and gave special recognition to the Firm’s litigation practice area for general commercial, and white-collar crime and government investigation. RJ&L was 1 of only 6 firms in "Band one" or the first tier in the litigation category. The highly regarded USA rankings were compiled through extensive research and interviews with over 14,000 attorneys and their clients.

Four RJ&L attorneys were included in the annual rankings: Frederick J. Baumann, recognized for his "superb analytical skills" (White-Collar Crime & Government Investigations Litigation - Band 1, and General Commercial Litigation – Band 2); Charles Goldberg, known as "a passionate attorney with excellent connections" (General Commercial Litigation – Band 3); Gregory B. Kanan, noted as being "fierce in the defense of his clients" (Antitrust Litigation - Band 1); and James M. Lyons, described as "an icon of the Rocky Mountain regional litigation scene" (General Commercial Litigation – Band 1).

Chambers USA stated, "[RJ&L] continues to forge an enviable reputation in Colorado for general commercial, antitrust and white-collar litigation. The group’s strength lies in the representation of financial services firms, with antitrust litigation also featuring prominently. The firm has an excellent real estate group and this has facilitated the development of litigation expertise in this area. An interesting roster of clients sees the firm act on a local and regional level, though some clients such as the Catholic Archdiocese of Denver and other religious organizations are advised on a national level."

06-15-2007

Stuart Lederman Elected Second Vice President of State Bar Foundation
Stuart M. Lederman, a partner in Riker Danzig’s Litigation and Government Affairs departments, has been elected second vice president of the New Jersey State Bar Foundation, an organization dedicated to promoting law-related education. Previously, he served as NJSBF secretary and was a trustee of the Foundation for eight years.

Mr. Lederman serves on the Foundation’s Program Development Committee and is chair of the editorial board of The Legal Eagle, the Foundation’s legal newspaper for kids. He is also the author of the Educational Guide for Trial Jurors, which is published by the Foundation.

Mr. Lederman concentrates his practice in commercial litigation, government affairs, real estate and construction law. A recipient of the Moffet Henderson Litigation Award, he is also a former instructor with the Emory University School of Law Trial Techniques Program. Lederman frequently lectures to teachers and architects on the law. Mr. Lederman also serves on the New Jersey Supreme Court Committee on Character, is the former chair of the New Jersey Supreme Court’s District X Ethics Committee, is a former trustee of the Pingry School and currently serves on the Board of The Playwrights’ Theater of New Jersey

Founded in 1958, the New Jersey State Bar Foundation is the educational and philanthropic arm of the New Jersey State Bar Association. The Bar Foundation’s mission is to promote public understanding of the law through a free, comprehensive public educational program. Among its activities, the Foundation conducts seminars and conflict resolution training, publishes materials, operates a video loan library and speakers bureau, and coordinates elementary, middle and high school mock trial competitions.

06-15-2007

Chambers and Partners rank fifteen Nutter attorneys as leaders in their field
The U.K. publisher Chambers and Partners named fifteen attorneys from Nutter among the leading practitioners in the nation. The rankings appear in the 2007 edition of Chambers USA: America’s Leading Lawyers for Business.

The publication is compiled as a result of thousands of client interviews across the United States, balanced by opinions from colleagues and competitors. The qualities on which rankings are assessed include technical legal ability, professional conduct, client service, commercial awareness/astuteness, diligence, commitment and other qualities most valued by the client. For more information on Chambers and Partners’ research methodology, please click here.

Attorneys who were cited as the best lawyers in their field include:

Kenneth Berman (Litigation)
Michael Bohnen (Corporate/M&A)
Sharon Burger (Employment)
Kathryn Conde (Antitrust)
Kenneth Ehrlich (Banking and Finance)
Robert Fishman (Real Estate)
Daniel Gleason (Litigation)
Michael Leon (Environment)
Beth Mitchell (Real Estate)
Michael Mooney (Tax)
Neil Motenko (Antitrust)
Mary Ryan (Environment)
David Szabo (Healthcare)
Robert Ullmann (Litigation: White Collar Crime and Government Investigations)
Michael Zabowsky (Land Use)

In addition to the individual attorney rankings, Nutter continues to be ranked as a state leader in five different practice areas: Antitrust, Banking and Finance, Environment, Litigation and Real Estate.

06-15-2007

Kirkland Ranked a Top-Tier Firm by Chambers & Partners
Kirkland ranked in the first tier in 15 categories, and was recognized as a leading firm in 24 additional categories, in the 2007 edition of Chambers USA, America's Leading Lawyers for Business. To compile its annual guide to the U.S. legal market Chambers & Partners conducted thousands of interviews with private practice attorneys and sophisticated end-users of legal services around the world.

06-15-2007

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