Law Firm News

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Law Firm News

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Norris, Mclaughlin & Marcus, P.A.

Member J. Anthony Manger Assists in Rare Hospital Acquisition
Norris McLaughlin & Marcus, P.A. is pleased to announce that member J. Anthony Manger, along with a team of attorneys, successfully represented Atlantic Health System in the acquisition of Mountainside Hospital’s assets from Atlantic Health System by Merit Mountainside, LLC on June 1, 2007 for the purchase price of $30 million.

Atlantic was also represented by its Vice President and General Counsel, Stephen Sepaniak, and its Assistant General Counsel Sheilah O'Halloran. Norris McLaughlin & Marcus, P.A. members James J. Shrager and Haekyoung Suh, and Willard Bergman of Morristown's Siegel & Bergman, also assisted Atlantic. Scott Catlett of Louisville's Frost Brown Todd and John Reiss of Philadelphia's Saul Ewing represented Merit.

The purchase represents only the second hospital acquisition in New Jersey by an investor-owned entity. In 2002, Community Health Systems acquired the Memorial Hospital of Salem County. All other general hospitals in New Jersey are owned and operated by nonprofit entities.

Merit Mountainside, LLC is an affiliate of Louisville-based Merit Health Systems, which owns and operates hospitals in Illinois and Texas. Atlantic Health System also owns and operates Morristown Memorial and Overlook Hospitals.

Merit pledged to continue the operation of the facility as a general hospital for at least ten years, and to invest at least $20 million in capital improvements, factors which Atlantic described as critical in its selection of Merit as the purchaser.

Manger has been a health care law practitioner for more than 20 years and is the head of the Norris McLaughlin & Marcus Health Care Group.

Manger has handled some of the largest and most significant health care mergers and acquisitions in New Jersey. He has assisted health care institutions in the formation of “captive” entities for the provision of liability insurance and health insurance for affiliated physicians and employees. He organized the State's largest medical malpractice insurer and, for many years, served as counsel to a national association of malpractice insurers. Manger has represented various parties in numerous health care capital finance transactions and has vast experience in health care regulatory, corporate and contract matters, patient care and other health care issues.

Manger has been recognized in the Health Care Law section of The Best Lawyers In America since 1993. He frequently speaks and writes on a variety of health care topics, and has appeared on News 12 New Jersey to discuss New Jersey’s medical malpractice crisis. He was recently named to the Editorial Advisory Board of a new health care publication entitled Medicare Patient Management.

Manger is a member of the New Jersey State Bar Association (Malpractice Insurance Committee, Vice Chairman, 1980-1982; Chairman, 1982-1984), American Bar Association, American Institute of Certified Public Accountants, American Health Lawyers Association, and the Healthcare Financial Management Association. He earned his J.D from Columbia University, and his B.A. from Duke University.

06-13-2007

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King & Spalding

King & Spalding Advises Sprint Nextel in Acquisition of Affiliate Northern PCS
King & Spalding, a leading international law firm, announced today that it advised Sprint Nextel Corp. in its agreement to acquire Northern PCS Services, LLC, for $312.5 million, including the assumption of debt. The acquisition is subject to customary regulatory approvals and is expected to be completed in the third quarter of 2007.

06-13-2007

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

Margaret R. Westbrook Named Head of Campaign Finance, Political Committees and Ethics Practice
Kennedy Covington, one of the largest law firms in the Carolinas, has named Margaret R. Westbrook head of the firm's Campaign Finance, Political Committees and Ethics practice.

A member of the firm since 1998, Westbrook has gained valuable and considerable experience in this practice area as well as financial restructuring and services litigation, government relations and litigation. As chair of the Campaign Finance, Political Committees and Ethics practice, she has represented national financial institutions, corporations, associations, candidates and health care organizations on a wide variety of campaign finance and ethics issues involving the regulation of political activity.

"Margaret's knowledge and experience is highly regarded within our region and industry," said Kent Christison, partner-in-charge of the firm's Raleigh and RTP offices. "We look forward to seeing these skills applied in this leadership role and wish her continued success as a valued partner of our firm."

Attorneys in the Campaign Finance, Political Committees and Ethics practice regularly counsel clients on the laws and rules pertaining to federal and state lobbying, political contributions, political action committees (PACs), and ethics. This team of attorneys designs and implements comprehensive compliance programs to help corporations establish guidelines and policies for political activities that comply with state, federal and municipal regulations. Members of the group advise on corporate, employment and tax matters including obtaining and maintaining federal and state tax exemptions. Also, the practice provides PAC administration services and monitors recent developments in the laws to keep clients informed of the changing political and ethical regulations that can affect governmental affairs strategy.

06-13-2007

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Katten Muchin Rosenman LLP

Katten Muchin Rosenman Adds Bernadette Herward Davida as Partner in Real Estate Practice
Katten Muchin Rosenman LLP is pleased to announce the addition of Bernadette Herward Davida to the Firm as a partner in its Real Estate Practice. Ms. Davida will be based in the Firm’s New York office.

Prior to joining Katten, Ms. Davida, 48, was an attorney in the Real Estate Practice Group in the New York office of Skadden, Arps, Slate, Meagher & Flom LLP. She previously practiced at Willkie Farr & Gallagher LLP and Dewey Ballantine LLP.

Ms. Davida’s practice focuses on all aspects of commercial real estate law, including corporate headquarters leasing on behalf of tenants and landlords; development, management of hotel, retail and golf course properties; private equity funds; loan and guaranty workouts and restructurings; acquisitions; partnerships and joint ventures; and financing.
Ms. Davida has a broad range of experience representing both lenders and borrowers in bank syndicate loans for office buildings, energy plants, hotels and resorts, mixed-use properties, and real estate property portfolios. Her background also includes representation of clients in loan originations, syndications, participations and mezzanine loans, as well as equity investors in the acquisition of apartment, hotel and healthcare property portfolios and office buildings.

In the area of leasing, Ms. Davida has represented tenants in the leasing of corporate headquarters in the New York, Atlanta, Houston, San Francisco, Washington and London markets. In addition, as lead real estate counsel for a large New York-based hedge fund, Ms. Davida negotiates office leases and construction agreements in all of their major financial markets.

Ms. Davida has also acted as pro-bono counsel to The New Museum For Contemporary Art, The Michael Jay Fox Foundation, The Bronx Prep Charter School, The Arthritis Foundation of New York, and the Regional Economic Community Action Program Inc., in dispositions, financings, and retail and office leasing transactions.

Ms. Davida earned her B.A., cum laude, from the University of Pittsburgh in Political Science and Government Administration where she was a Stouffer’s Food Corporation National College Scholarship Recipient and a member of the Druids Honorary Society. She earned her J.D. from the University at Buffalo Law School where she received the Faculty of Law Distinguished Achievement Award in Constitutional Litigation.

06-13-2007

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Katten Muchin Rosenman LLP

Katten Wins Key Summary Judgment Rulings on Behalf of SMART Technologies in Patent Infringement Case
Katten Muchin Rosenman LLP is pleased to announce that it has won an important court decision on behalf of its client SMART Technologies Inc., in the company’s ongoing patent infringement case against competitor, Polyvision Corporation. Polyvision is owned by Grand Rapids, Mich.-based Steelcase Corporation.

SMART, based in Calgary, Alberta, Canada, and Polyvision have been engaged in patent infringement litigation in federal court in Grand Rapids, Mich., relating to interactive whiteboard technology. Polyvision had asserted one U.S. patent against SMART, while SMART has asserted four U.S. patents against Polyvision. On June 1, Judge Gordon J. Quist of the United States District Court for the Western District of Michigan, granted SMART’s motion for summary judgment that it does not infringe Polyvision’s patent. The Court also granted SMART’s motion for summary judgment that Polyvision had infringed all four SMART patents.

“The Court's decision, of course, reinforces SMART Technologies’ position in this litigation,” said Timothy J. Vezeau, lead counsel for SMART and the Chicago-based, founding partner of Katten’s Patent Litigation Practice. “We are pleased to continue with our representation of SMART in this matter.”

Other members of Katten’s legal team involved in the case include Manotti L. Jenkins and Michael Dorfman, partners in the Firm’s Chicago office, and Andrew Bateman, an associate in the Firm’s Washington, D.C. office.

Katten’s patent litigation attorneys represent small, mid-sized and large domestic corporations, multi-national corporations, and universities, in litigation involving patents related to biotechnology and life sciences, electrical and electronic systems, computer hardware and software, e-commerce and business methods, telecommunications, product design and mechanical systems. The Firm’s patent attorneys have experience in cases involving a broad range of designs, systems and applications, and have a successful track record in federal courts throughout the United States and in patent and trademark offices worldwide.

06-13-2007

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Jackson Walker L.L.P.

Lisa Powell to speak on "Contractor Litigation Trends" at convention
W Partner Lisa Powell will present a session titled "Contractor Litigation Trends — Repairs, Electronic Discovery, and Beneficial Contract Provisions" at the 55th Annual Convention/Expo of the Texas Lathing and Plastering Contractors Association (TLPCA). The convention takes place June 13-16 at the Hyatt Lost Pines Resort in Austin, Texas. Ms. Powell's session, which begins at 9:30 a.m. on Friday, June 15, covers the latest developments in legal issues surrounding contractors and their work.

Ms. Powell has extensive experience with construction litigation. She has represented a manufacturer and distributor of building products in over 50 cases, both residential and commercial, filed in 7 counties in Texas. These cases have involved claims based on negligence, products liability, fraud, D.T.P.A., breach of warranty and conspiracy. Her practice also encompasses complex business disputes, bankruptcy proceedings, multi-party insurance claims, and product liability, personal injury, and mass tort cases.

TLPCA is an organization that promotes quality methods and practices in the walls and ceilings industry. The group's membership consists of contractors, manufacturers, distributors and other professionals who provide products and services to those in the walls and ceilings industry.

06-13-2007

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Fried, Frank, Harris, Shriver & Jacobson, L.L.P.

Independent Investigator Issues Final Report on Houston Police Department Crime Lab
Michael R. Bromwich, the Independent Investigator for the Houston Police Department Crime Laboratory and Property Room, today released his Final Report. The 332-page report includes a history of the Crime Lab and findings regarding the root causes of the serious problems it experienced, comprehensive assessments of the technical issues identified in the Crime Lab’s historical forensic science work, detailed studies of four cases that have received significant media attention, and a comprehensive set of findings and recommendations concerning the current operations of the Crime Lab and Property Room. The City of Houston and HPD commissioned the investigation, which began in March 2005, following a series of damaging public disclosures that raised questions about the reliability of forensic science work performed in the Crime Lab and HPD’s storage of evidence. The disclosures resulted in the closure of the HPD Crime Lab’s DNA analysis operation for over four years between December 2002 and June 2006 and gave rise to grave concerns about the impact the Crime Lab’s work may have had on thousands of cases handled by the criminal justice system in Harris County, including the possibility that defendants may have been wrongfully convicted based on the flawed work produced by the Crime Lab.

Mr. Bromwich’s team of attorneys and forensic scientists drawn from across North America performed a comprehensive review of the HPD Crime Lab’s historical operations and management, including the review of over 3,500 cases processed by the Crime Lab prior to 2005 in the disciplines of serology, DNA analysis, firearms, trace evidence, controlled substances, toxicology, and questioned documents. These case reviews confirmed that analysts and examiners in certain sections of the Crime Lab were competent and performed high quality forensic scientific work, especially in the areas of firearms, toxicology, and questioned documents. However, Mr. Bromwich’s team found serious, systemic problems with the Crime Lab’s historical serology and DNA profiling work.

The independent investigation reviewed 850 serology cases analyzed by the Crime Lab between 1980 and 1992 that relate to currently incarcerated prisoners. In 180 -- 21% -- of these serology cases, the investigation found that major issues calling into question the reliability of the Crime Lab’s analytical work and reported results. The independent investigation has recommended that to ensure that justice has been served in these cases a special master be appointed to review each of these questionable cases to determine what role, if any, the Crime Lab’s work may have played in these defendants’ convictions and whether DNA testing of any biological evidence that may still exist should be performed.

As reported previously, Mr. Bromwich’s team also reviewed 135 DNA cases analyzed by the Crime Lab prior to the closure of its historical DNA operation in December 2002. The team identified major problems in 43 -- 32% -- of these cases, including in the cases of four death row inmates, Franklin Dwayne Alix, Juan Carlos Alvarez, Gilmar Alex Guevara, and Derrick L. Jackson. With HPD’s approval, the independent investigation forwarded information about each of these DNA major issue cases to the Innocence Project network that is exploring what additional steps, if any, should be taken on behalf of these defendants.

The independent investigation also reviewed the current operations of the HPD Crime Lab and Property Room. The investigation found that the HPD Crime Lab has made enormous strides over the past three and a half years. The Crime Lab now bears little resemblance to the substantially dysfunctional institution that reached its low point in the late 1990s and early 2000s. Under new leadership, the Crime Lab has revised its analytical procedures, implemented a Lab-wide quality assurance program, developed new training programs for its forensic scientists, and hired a number of new personnel and supervisors. All of these steps reflect the energy of the Crime Lab’s new leadership and the resources that HPD and the City have been willing to devote to rebuilding the Crime Lab. The Crime Lab also has been accredited by the American Society of Crime Laboratory Directors / Laboratory Accreditation Board (“ASCLD/LAB”), a significant achievement that was unthinkable as recently as five years ago.

The independent investigation found that, while the Crime Lab’s progress over the past four years has been enormous, there remains room for further improvement if HPD is to achieve its stated goal of employing one of the premier forensic science laboratories in the country. Mr. Bromwich’s team has formulated a comprehensive set of recommendations -- regarding overall Lab management as well as technical issues related to forensic evidence analysis pertaining to each of the Crime Lab’s disciplines -- that are designed to help HPD achieve that ambitious goal. These recommendations embody the collective wisdom and insights of some of the most experienced and respected forensic scientists in the world. Their implementation will facilitate substantial further improvement in the Crime Lab.

As stated in the final report, the most significant concern the independent investigation has for the Crime Lab today is that the increased funding and attention that has been central to the Crime Lab’s recovery so far may be transitory. The final report of the independent investigation strongly encourages the City of Houston and HPD to sustain the effort, monitoring, and funding that are necessary to ensure that the Crime Lab remains able to perform consistently reliable forensic science work.

In announcing the publication of his team’s Final Report, Mr. Bromwich said, “We have completed an enormous task over the past two years – evaluating the quality of forensic science work performed in the Crime Lab over a period of time that goes back more than two decades. We have found profoundly troubling problems in the quality of serology and DNA analysis performed by the Crime Lab, including work that led to at least two wrongful convictions and the not insignificant risk that there may have been others. But we have also found that, contrary to widely-expressed concerns, the bulk of the scientific work performed in other areas of the Crime Lab was generally reliable and of a high quality. This is an important finding that should provide reassurance to those who feared that the defects in the Crime Lab infected all of the forensic science work performed in the Crime Lab. We determined those fears to be unfounded.

As importantly, we have found that the current Crime Lab looks and performs nothing like the former Crime Lab. The Crime Lab has new and competent leadership, HPD has committed resources to its growth, development, and improvement, and, perhaps most importantly, the Crime Lab has opened itself to outside scrutiny and a variety of external influences, including the accreditation process. In short, enormous progress has been made. Although there is much work left to do, as reflected in our comprehensive recommendations, we hope and trust that our investigation has addressed the fears of the people of Houston and Harris County by shining a bright and sustained light on the Crime Lab and its work, candidly discussing its historical problems, and providing a detailed assessment of the work it currently performs. The City of Houston and HPD deserve enormous credit for authorizing and supporting this work, which in scope and scale may well be unprecedented.”

Michael R. Bromwich is a partner in the Washington, DC and New York offices of Fried, Frank, Harris, Shriver & Jacobson LLP and heads the Firm’s internal investigations, compliance and monitoring practice group. From 1994 to 1999, he served as Inspector General of the Justice Department, where he led investigations into the activities of the Federal Bureau of Investigation, the Immigration and Naturalization Service and the Drug Enforcement Administration, among other federal law enforcement agencies. In addition, Mr. Bromwich headed an investigation into allegations of misconduct and incompetence at the FBI crime laboratory. Prior to his appointment as Inspector General, Mr. Bromwich served as a federal prosecutor for seven years in New York and Washington, DC.

06-13-2007

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