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James Atkinson Rejoins Miller & Chevalier
Miller & Chevalier Chartered announced today that James L. Atkinson has rejoined the firm's Tax Department. He formerly held a number of senior positions with the Internal Revenue Service (IRS), including Associate Chief Counsel for income tax and accounting. Most recently he was a partner in Winston & Strawn's tax practice.

"We're thrilled to welcome James back to the firm," said Marianna G. Dyson, Chair of Miller & Chevalier. "James is a great illustration of our ongoing strategy to expand our Tax Department with leading practitioners in areas critical to our clients' complex business needs. Miller & Chevalier provides an exceptional environment in which to practice cutting-edge tax law."

Added Kevin L. Kenworthy, Chair of Miller & Chevalier's Tax Department: "We are very pleased that James is returning to Miller & Chevalier, bringing with him a wealth of experience and practical knowledge of tax accounting, a complex area of tax law that impacts all of our clients. His combination of government and private practice experience will both complement and enhance the existing capabilities that we offer our clients."

Atkinson concentrates his practice in the area of federal income taxation with a particular focus on tax accounting issues. He has successfully represented many of the nation's largest corporations in resolving complex tax accounting issues pending before the Internal Revenue Service's National Office, as well as the IRS Examination and Appeals Divisions. He also has represented many companies, as well as prominent trade associations, before the Treasury Department and the IRS in connection with the development of critical tax regulations and other formal guidance. He is one of the country's leading authorities on the "production deduction" of tax code section 199.

Nationally Recognized Tax Practice

Miller & Chevalier was founded more than 85 years ago as the first U.S. federal tax practice. Focused largely on corporate tax issues, the practice spans tax controversy, business transactions and reorganizations, employee benefits, international tax, tax accounting, financial products, tax litigation, and tax policy. The firm's tax attorneys have deep credentials in all three branches of government and related federal agencies. The practice includes attorneys who have served as Commissioner of the Internal Revenue Service; Majority Tax Counsel to the Committee on Ways and Means, U.S. House of Representatives; Assistant Chief of Staff to the Joint Committee on Taxation; Tax Legislative Counsel at the Department of the Treasury; and Associate International Tax Counsel at the Department of the Treasury.

According to Atkinson, the quality and sophistication of Miller & Chevalier's Tax Department played a key role in his decision to rejoin the firm. "Miller & Chevalier has an extraordinary tax practice with some of the leading tax minds in the country," said Atkinson. "Because of the firm's boutique culture, the nature of the work is cutting edge, highly sophisticated and never routine. I'm extremely excited to be returning to the firm."

About James Atkinson

Earlier in his career, Atkinson held a number of senior leadership positions with the Internal Revenue Service's National Office, including Assistant to the Commissioner and, most recently, Associate Chief Counsel (Income Tax & Accounting). As Associate Chief Counsel, Atkinson was the senior executive in charge of a division of over one hundred attorneys, having responsibility for nearly all aspects of the IRS's development and administration of a wide range of tax accounting issues, including accounting methods and periods; the determination, characterization, and timing of income and deductions; capitalization; inventory accounting; the alternative minimum tax; like-kind exchange transactions; and many other areas.

Atkinson also has taught Federal Tax Accounting as an Adjunct Professor of Law at the Georgetown University Law Center and served briefly as the Director of Georgetown's LL.M. program.

A frequent author and lecturer, Atkinson holds a J.D., summa cum laude, from The University of Illinois College of Law, where he was a member of the University of Illinois Law Review and the Order of the Coif; and a B.A., summa cum laude, from the Honors College of the University of South Carolina.

06-13-2007

7th Circuit Court of Appeals affirms judgment secured by Murray and Mueller for environmental engineering company, defeating $31 million claim
Johnson & Bell Attorneys Daniel C. Murray, left, and Frederick S. (Rick) Mueller, right, succeeded in barring a plaintiff’s $31 million damages claim, leading to the immediate entry of judgment in favor of their client, an international environmental engineering company.

A three-judge panel of the United States Court of Appeals for the Seventh Circuit, in a unanimous 12 page published opinion, has now affirmed the judgment secured by Messrs. Murray and Mueller.

The plaintiff, a real estate investment trust (REIT), had sued the environmental engineering company in connection with the defendant’s alleged negligent assessment of environmental conditions existing on property purchased by the REIT. Focusing on the plaintiff’s $31 million claim for environmental remediation of the property, U.S. District Judge Ronald Guzman concluded the REIT’s expert witness evidence was inadequate to support the damages claimed. Believing the evidence would inevitably lead to juror speculation on the question of damages, the court held that plaintiff’s damages evidence was fatally flawed, and ordered it barred. The judge then immediately entered judgment against the plaintiff and for Johnson & Bell’s client. It is that judgment that has been affirmed by the Court of Appeals, ending the 10 year court battle. Johnson & Bell, on behalf of its client, will now pursue recovery of costs and attorney fees its client incurred in defending this action.

Mr. Murray concentrates his practice in complex federal civil, criminal, and administrative litigation. He has won multi-million dollar judgments/settlements for clients in environmental cases, as well as defeated enforcement actions brought by the U.S. Environmental Protection Agency. Mr. Mueller is the chairman of Johnson & Bell’s Environmental Practice Group. He concentrates his practice in environmental compliance and litigation matters. He also defends corporations involved in multiparty hazardous waste cases initiated by federal and state environmental protection agencies pursuant to CERCLA and other statutes.

06-13-2007

Angarola and Serritella join Johnson & Bell
Attorneys Joann T. Angarola and William D. Serritella recently joined Johnson & Bell from the Chicago office of McGuireWoods. Joann joins the firm as counsel and concentrates her practice in civil litigation defense and administrative law. Her litigation experience includes commercial disputes involving contract and antitrust issues, land use matters challenging the constitutionality of zoning ordinances, personal injury defense, products liability, and employment law cases. In addition, she has appeared before various governmental bodies for the purpose of obtaining development approvals. Joann also spent several years in the Cook County State's Attorney's Office. She served as a trustee for the Village of Lincolnwood for seven years and is presently chairman of the Planning Commission and Zoning Board of Appeals. Joann is a graduate of the University of Michigan and Loyola University School of Law.

Bill joins the firm as a shareholder with more than 30 years experience in civil litigation defense. He concentrates his practice in products liability, business litigation, toxic torts, and railroad litigation. Bill is Chicago and Midwest trial counsel for a number of corporate clients, including manufacturers of material handling equipment, paint and chemical products, machine tools and plastics processing equipment, office equipment and household products. He represents clients in state and federal trial and appellate courts, before administrative agencies, and in arbitration in all types of civil litigation, including business/commercial disputes, employment matters, FELA, products liability and other casualty litigation, including asbestos, chemical sensitivity and other toxic tort cases.

He has tried numerous cases to verdict as trial counsel for Crown Equipment Corporation, The Sherwin-Williams Company, Harris Corporation, The Firestone Tire & Rubber Company, Consolidated Rail Corp. and Norfolk Southern, among others.

Bill is a native Chicagoan and a graduate of UIC and the University of Illinois College of Law.

06-13-2007

Grayson Delivers Opening Remarks In Progressive Conference At The CBA
Jenner & Block Partner E. Lynn Grayson gave the introductory remarks at the opening session of the Chicago Bar Association’s “Breaking Barriers, Building Bridges” conference that was held last week in Chicago. The conference, now in its fifth year, offered attendees the best practices and key strategies for increasing diversity in the legal profession.

Ms. Grayson, Chair of the Firm's Women's Forum and member of the Diversity Committee, helped open a discussion that addressed the topic of “Creating The Next Generation of Leaders” which featured commentary by Vanita Gupta of the American Civil Liberties Union and Victor M. Marquez of Marques, President-Elect of the Hispanic National Bar Association. Ms. Grayson explained to the attendees how both speakers had achieved significant accomplishments in the legal industry at a young age.

Ms. Grayson noted that Ms. Gupta, who focuses her practice on racial justice and civil rights law, is best known for her work in Tulia, Texas where “one of the worst miscarriages of justice,” occurred when a group of African –American residents were imprisoned on charges for selling drugs made by a local sheriff. Ms. Gupta helped the residents to receive an evidentiary hearing and eventually a favorable settlement in the matter.

Mr. Marquez was born in a small town in Mexico, Ms. Grayson said, and he eventually moved to the United States to be with his family who moved there when he was young. She said that Mr. Marquez became the first person in his family to graduate from college, despite facing prejudice while he progressed through the U.S. educational system. She noted that he now manages his own law firm, the Marquez Law Group.

06-13-2007

Patent Attorneys Jerry Fellows and Raye L. Daughtery Join Greenberg Traurig's Expanding Intellectual Property Practice
The international law firm Greenberg Traurig, LLP is pleased to announce that Jerry Fellows and Raye L. Daugherty have joined the firm’s Intellectual Property practice.

“We are pleased to have Jerry and Raye as part of our team,” states Jeff Verbin, managing shareholder of Greenberg Traurig’s Phoenix office. “Their combined knowledge in strategic patent counseling is complementary to the intellectual property services we currently offer our clients.”

“Greenberg Traurig believes strongly in the future of technology development in Arizona,” states John Cummerford, shareholder and Phoenix intellectual property practice group manager. “Having Jerry and Raye’s tremendous experience helps ensure that Greenberg Traurig will continue to be an important part of that process.”

Jerry Fellows is a registered patent attorney with more than 15 years of experience as lead patent counsel for clients ranging in size from start-ups to Fortune 100 companies. He focuses his practice on preparing and implementing intellectual property protection and enforcement strategies that help clients achieve their business goals, including acquiring and enforcing U.S. and foreign patent and trademark rights, copyrights and trade secrets. Mr. Fellows also negotiates intellectual property licenses and technology transfers, prepares invalidity and non-infringement opinions, and performs due diligence for mergers and acquisitions. He represents clients in a variety of industries, including those involved with software, electrical, mechanical, biomedical and electromechanical technologies.

Mr. Fellows earned a B.S. degree in General Engineering from the University of Illinois at Urbana-Champaign, an M.S. degree in Industrial Engineering from Pennsylvania State University, and a J.D. degree from Marquette University Law School. He is registered with the U.S. Patent and Trademark Office to practice patent law in all states, and is admitted to practice general law in Wisconsin. Mr. Fellows is one of only four patent attorneys in the Phoenix metropolitan area to be named among The Best Lawyers in America® 2007 (Copyright 2006 by Woodward/White, Inc., Aiken, S.C.).

Raye Daugherty is a registered patent attorney with experience in electrical, mechanical and biomedical patent prosecution. She also maintains and manages intellectual property assets and portfolios, monitors competitor patents and products, and counsels clients on potential infringement risks and claims.

Ms. Daugherty earned a B.S. degree in Biomedical Engineering from the Milwaukee School of Engineering and a J.D. degree from the University of Wisconsin Law School. She is registered with the U.S. Patent and Trademark Office to practice patent law in all states, and is admitted to practice general law in Wisconsin.

06-13-2007

Proskauer Rose Represents the Lightstone Group
Proskauer Rose LLP, an international law firm with over 700 lawyers worldwide, represented The Lightstone Group, one of the largest private real estate owners in the United States, in its $8 billion acquisition of Extended Stay Hotels, the country's largest owner of mid-price extended-stay hotels, from The Blackstone Group.

The deal marks the entry of Lightstone into the lodging sector. Proskauer also represents the company in connection with its non-traded, publicly-offered REIT, Lightstone Value Plus Real Estate Investment Trust, Inc., which has raised over $90 million with an anticipated total raise of $300 million. The firm has represented the REIT in a number of matters including: the acquisition of a portfolio consisting of Florida Factory Outlet Mall; the acquisition of over 1,000 apartments in Southern Michigan; the acquisition of a shopping center in Omaha, Nebraska; a 49 percent interest in a joint venture with a Lightstone affiliate that owns 1407 Broadway in Manhattan; and the acquisition of an industrial portfolio consisting of 12 industrial properties and two office properties in New Orleans, Baton Rouge and San Antonio. The Lightstone transaction is also the latest deal Proskauer has been involved with in the lodging sector, following the firm's representation of Accor in its agreement to sell Red Roof Inns to Citi Global Special Situations Group and Westbridge Hospitality Fund for $1.32 billion.

The Proskauer team that represented Lightstone in the deal was led by Peter Fass and Steven Lichtenfeld (who are the co-chairs of Proskauer's Real Estate Capital Markets Group) and also included James Gerkis, Steven Fishman, Stephen Devaney, Lucien White, Eric Friedlander, Sarah Schachne (Corporate), Stuart Rosow, Raj Tanden, Timothy Donovan and Nicole Spooner (Tax).

Headquartered in New Jersey, The Lightstone Group owns a portfolio of diversified properties in 25 states plus the District of Columbia and Puerto Rico, spanning in excess of 20,000 apartments and in excess of 30 million square feet of commercial and retail space. For the Extended Stay purchase, equity investors alongside The Lightstone Group include affiliates of The Blackstone Group and Arbor Realty Trust Inc.

Extended Stay Hotels, which currently operates under the Extended Stay Deluxe, Extended Stay America, Homestead Studio Suites, StudioPlus and Crossland brands, owns 683 properties and 76,000 units in 44 states and Canada.

Proskauer's Real Estate Capital Markets Group brings together a range of disciplines including corporate, tax and real estate law to assist issuers, underwriters and public and private equity investors in evaluating opportunities and structuring and executing capital markets transactions involving real estate companies and funds. The group's portfolio of clients includes public real estate companies and REITs, underwriters of real estate securities, institutional principal investors, real estate funds, pension advisors, hedge funds and national owners and developers. The firm regularly represents clients in all different stages of investment including growth capital, mature private equity, public debt and equity, management buyouts, and other leveraged acquisitions and recapitalizations of successful and less successful companies as well as other special situations.

Proskauer's Lodging and Gaming Group takes a multidisciplinary approach to the lodging and gaming business. The firm draws on experience across all key areas involved in evaluating, negotiating and structuring deals including corporate, real estate, labor, litigation and dispute resolution, environmental, benefits, tax, bankruptcy, and intellectual property. Proskauer's commitment to the hospitality industry is unparalleled among major national firms.

06-13-2007

DLA Piper advises Bank of Scotland on the secondary management buy-out of TSL Education Holdings Limited
DLA Piper has advised Bank of Scotland as Mandated Lead Arranger of the Senior, Mezzanine and PIK funding facilities for the acquisition of TSL Education Holdings Limited which has been acquired in a secondary buyout by Charterhouse Capital Partners LLP for an undisclosed sum. The business has been sold by Exponent Private Equity and Management who will retain a stake in the business. The deal closed on 8th June 2007.

TSL Education, publishes the Times Education Supplement and the Times Higher Education Supplement and is the UK's leading educational publisher.

The DLA Piper team advising on the deal was led by David Miles, leveraged finance partner, who was assisted by Jolyon Ellwood-Russell, associate and Andrew Ogilvie solicitor.

Commenting David Miles said: "Bank of Scotland is a key client of our leveraged finance practice and we regularly advise them on deals in the private equity arena. This is a significant transaction which we were delighted to be involved in."

Charterhouse Capital Partners were advised by Allen & Overy and Exponent Private Equity were advised by Travers Smith.

06-13-2007

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