Law Firm News

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Law Firm News

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Butzel Long

Butzel Long sponsors a Tiger as part of the Children's Charities Coalition
In support of the Children's Charities Coalition, Butzel Long is sponsoring a Tiger as part of the group’s “TigerTown” fundraiser. Butzel Long’s Tiger is decorated with a Buddha theme and is nicknamed “Bu Bu.” Butzel Long chose a Buddha theme in celebration of the firm’s growing China practice and its China Alliance. The Butzel Long Tiger is on display at the northwest corner of Merrill and Old Woodward. TigerTown features 81 fiberglass tiger sculptures displayed throughout Birmingham, Bloomfield and the metro Detroit area. An auction will take place on June 28, 2007 at The Community House. Proceeds from TigerTown will benefit the outreach programs of the members of the Children’s Charities Coalition including the Child Abuse and Neglect Council of Oakland County, The Community House, Orchards Children’s Services and Variety, the Children’s Charity.

The TigerTown mission is to contribute to the vitality of the greater Detroit metropolitan area through supporting regional public art and culture, and to raise needed funds for the outreach activities of the four member charities.

06-13-2007

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Brown & Brown

Brown Rudnick Represents Sermo -- the Largest Online Physician Community -- in Recent Deal with the American Medical Association
Brown Rudnick, a premier international law firm, represented Sermo, the largest online physician community, in its two-year agreement with the American Medical Association (AMA) aimed at improving medical practice, physician advocacy and patient care. In representing Sermo, Brown Rudnick’s Corporate & Securities and Information Technology Practice Groups developed the licensing and service agreements between Sermo and the AMA
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On Sermo, thousands of physicians nationwide share everything from advice about treating an individual patient's unique symptoms to opinions on whether regulators should approve an experimental drug. Many of the discussions on Sermo circle back to policy issues mandated by groups such as the AMA. Through this new partnership, the AMA can now listen to the discussions on Sermo, post questions, and get feedback from physicians instantaneously. As a trusted business and legal advisor, Brown Rudnick has a longstanding history of representing Sermo. In 2006, the firm handled Sermo’s $2 million Series A funding from Longworth Venture Partners, as well as the $9.5 million Series B round led by SoftBank Capital in early 2007. The firm also provided counsel on employment matters including Sermo’s non-disclosure agreement, consulting agreement, and employee and privacy policies. Additionally, attorneys from Brown Rudnick’s Intellectual Property Group assisted with trade secret and copyright matters.

The CEO of Sermo, Daniel Palestrant, M.D., commented, “Brown Rudnick has been advising us since we were in our pilot phase. The firm’s attorneys have an entrepreneurial mindset and a reputation for being deal-makers, and this has helped us succeed as a start-up in an emerging market. We look forward to a continued partnership as our company grows in size and stature.”

About Sermo
Launched in September 2006, Sermo is already the largest online physician community, ever. Sermo’s Web-based platform provides a medium for physicians to aggregate observations from daily practice then — rapidly and in large numbers — challenge or corroborate each other’s opinions. This forum accelerates the discovery of emerging trends and provides new insights into medications, devices and treatments. Through Sermo, physicians exchange knowledge with each other the minute it is learned and gain potentially life saving insights from colleagues as they happen instead of waiting to read about them in conventional media sources. Sermo harnesses the power of collective wisdom and enables physicians to discuss new clinical findings, report unusual events, and work together to improve patient care in a way never before possible. Through its unique business model Sermo is free to physicians and has no advertising or promotion. Based on a system of information arbitrage, Sermo allows healthcare organizations, financial services firms and industry analysts to access the community’s collective knowledge on a subscription basis.

06-13-2007

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Brinks, Hofer, Gilson & Lione, P.C.

Abhishek Rastogi Joins Brinks Hofer Gilson & Lione
Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the United States, is pleased to announce that Abhishek “Bobby” Rastogi has joined the firm as an associate in the firm’s Chicago office. He will focus his intellectual property practice on patent prosecution.

Before joining Brinks, Mr. Rastogi was an associate at an intellectual property law firm in Michigan, where he drafted patent applications in the areas of automotive electronics, hard disk drive controllers, electronic devices, radio frequency technology, plasma processing and consumer appliance control systems. Prior to receiving his law degree, Mr. Rastogi worked at Texas Instruments, Alcatel USA and Neles Automation, all located in Texas.

Mr. Rastogi received his J.D. from Chicago-Kent College of Law and his B.S. in electrical engineering from The University of Texas in Austin.

06-13-2007

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Husch Blackwell Sanders LLP

SEC Addresses Smaller Public Company Advisory Committee's Recommendations
At its meeting on May 23, the Securities and Exchange Commission issued its long-awaited -- and much-ballyhooed -- guidance on compliance by management with its obligation to assess the effectiveness of internal controls in financial reporting required by Section 404 of the Sarbanes-Oxley Act. This, along with the new Auditing Standard #5 issued the next day by the Public Company Accounting Oversight Board, was intended to reduce the burdens and costs of compliance with SOX 404, particularly for smaller public companies. Relief from the high costs of 404 compliance has been urged by many senators and congressmen and was a centerpiece of the 33 recommendations of the SEC's Advisory Committee on Smaller Public Companies, which issued its report in April 2006.

Receiving less attention were the remaining 27 recommendations of the Advisory Committee for changes in SEC regulations to facilitate capital-raising by smaller public companies and to ease other (non-404) compliance costs. At the same May 23 meeting, the SEC proposed new or amended rules that address some of those recommendations. The full text of these proposed rules -- expected to be about 800 pages -- has not yet been published, but their direction is fairly clear from the SEC's press release and the comments of the staff at a meeting with the Society of Corporate Secretaries and Governance Professionals. While focused on smaller companies, larger companies could also benefit from some of these proposals.

* "Scaled disclosure" -- meaning generally the reduced disclosure requirements of Regulation S-B -- would be available to companies with a public float of up to $75 million. This is an increase from the current $25 million threshold and expands the universe of S-B eligible companies from about 3,500 to about 5,000. The Advisory Committee had recommended a $128 million number because that would cover the lowest 1% of all public companies based on market capitalization. The SEC staff noted that the $128 million number was based on total market cap and the $75 million is based on public float. They found that companies at about the $128 million level in total market cap generally had about $75 million in public float. Using a $75 million public float threshold was consistent with other parts of the SEC's regulations and creates one consistent category of "smaller public company." The existing Regulation S-B will be eliminated and the substance of it included in Regulation S-K.

* Smaller public companies with a public float of less than $75 million would be eligible to register securities on the SEC's short-form S-3, provided the securities offered on S-3 do not exceed 20% of the companies' public float in any one-year period. The Advisory Committee had also urged elimination of the look-back requirement that the company be current in its 1934 Act reporting -- 10Ks and Qs -- for one year in order to use Form S-3. The SEC rejected that recommendation.

* Employee stock options of non-reporting companies would be exempted from consideration as a separate class of securities so that when granted to more than 500 employees the grants alone would not trigger Exchange Act registration and periodic reporting.

* A new exemption from 1933 Act registration under the SEC's Regulation D for offerings to "qualified purchasers" would be created and the definition of an "accredited investor" who can purchase in a Regulation D offering expanded. Form D, which is required to be filed with the SEC in a Regulation D offering, would be simplified and filed electronically.

* The Rule 144 holding period for restricted securities issued by reporting companies would be shortened to six months (12 months for such securities issued by non-reporting companies) and the Form 144 filing for sales by affiliates -- typically certain directors, officers and large holders -- would be eliminated up to a dollar limit. The SEC will also consider whether to exempt all affiliate transactions reported on a timely Form 4 from the Form 144 requirement.

Many of the recommendations of the Advisory Committee were not adopted by the SEC, notably including:

* An automatic inflation adjustment for the threshold for scaled disclosure. While the SEC recognizes the benefit of this concept, it is not included in the proposals for expanding the universe of eligible companies. There is an inflation adjustment after five years, though, in the revised Regulation D proposal.

* Extension of time to comply with 404 for smaller companies. This was rejected notwithstanding pressure on the SEC from many in Congress.

These regulations, when adopted, should give a number of companies some relief from the regulatory burden and could create additional opportunities for capital-raising.

06-13-2007

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Lewis and Roca LLP

Rawicz Joins Lewis and Roca LLP as Partner
Lewis and Roca LLP is proud to announce that John M. Rawicz has joined the firm as a partner in the Real Estate Practice Group.

Mr. Rawicz will focus his practice on all real estate related matters, such as the representation of developers in the acquisition and disposition of real estate used for single-family and multi-family residential projects as well as commercial projects and the representation of institutional lenders in commercial loan transactions. Additionally, Mr. Rawicz also has experience in the acquisition, sale and financing of hotels located throughout the United States and with low income housing tax credits issued under Section 42 of the Internal Revenue Code, tax-exempt bonds and grants and loans issued by state and local governmental authorities in connection with affordable housing projects located throughout the United States and the United States Virgin Islands. He has also been recognized within his field, being named as an "Up and Comer" in the South Florida Legal Guide for the 2004, 2005 and 2006 editions.

Mr. Rawicz received his J.D. from The George Washington University Law School (1997) and his B.S.B.A. from the University of Florida (1994, high honors).

Prior to joining Lewis and Roca, Mr. Rawicz was a partner with the Miami, Florida office of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.

06-13-2007

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Howrey, LLP

CHRISTINA G. SARCHIO ELECTED TO DC BAR’S BOARD OF GOVERNORS
Howrey LLP partner Christina Guerola Sarchio has been elected to serve a three-year term on the Board of Governors for the D.C. Bar. She will be sworn-in during the D.C. Bar Annual Business Meeting and Awards Dinner on June 21, 2007 at the Hyatt Regency Washington on Capitol Hill.

Ms. Sarchio has served the legal community for a number of years and has been nationally recognized for her leadership. Most recently, she served as President of the Hispanic Bar Association of D.C. in 2006, which, under her stewardship, the Hispanic National Bar Association honored as the “Best Affiliate of the Year.” Hispanic Business magazine named Ms. Sarchio as one of 2006’s “100 Most Influential Hispanics.”

Ms. Sarchio practices in the commercial litigation, antitrust and white collar legal arenas, and has developed an expertise representing corporate clients engaged in complex federal and state actions sounding in: multi-district class-action and private litigation concerning criminal and civil antitrust matters; fraud; business torts; contract disputes; and franchise/dealer terminations. She has substantial experience with major enterprises in the oil and gas, chemicals, pharmaceuticals, beer, tobacco, and marine products industries. She also represented a class of plaintiffs in a case that resulted in one of the largest antitrust settlements in U.S. history.

Prior to joining Howrey, she prosecuted a broad range of criminal cases in Manhattan for the New York District Attorney’s Office. Ms. Sarchio has also taught as an Adjunct Professor at The George Washington University Law School, provided on-air legal commentary on a variety of criminal and civil legal topics, and sits on several boards.

Ms. Sarchio serves as Chair of the Professional Development Committee for Howrey’s Global Litigation group in D.C. and co-Chair of Howrey’s Diversity Committee, which is planning the Firm’s second Diversity Summit scheduled for October 5, 2007.

06-13-2007

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Debevoise & Plimpton, LLP

Debevoise Receives Two Burton Awards For Legal Writing
Debevoise & Plimpton LLP has been awarded two Burton Awards for Legal Writing. Partner David H. Bernstein received the Burton Award for the article "A Stronger Solution" that discussed how the Trademark Dilution Revision Act will fortify the protection of famous trademarks. The firm was also a co-winner of the 2007 Best Law Firm Compendium Award for The Private Equity Primer: The Best of the Debevoise & Plimpton Private Equity Report, edited by partner Franci J. Blassberg. Only 30 awards each year are presented for legal writing by the Burton Foundation.

David H. Bernstein is a litigation partner in the firm’s Intellectual Property Group. His practice focuses on a wide range of intellectual property and unfair competition matters. He also is Counsel to the International Trademark Association (INTA) and an Adjunct Professor of Law at George Washington University Law School. Legal 500: United States (2007) notes Mr. Bernstein is uniformly admired as an "exceptional talent" and "one of the best IP litigators around" valued for his "legal aptitude" as well as his "strategic counsel."

The Private Equity Primer is a compendium of articles previously published in the Debevoise & Plimpton Private Equity Report that have been updated to reflect the current marketplace. The Debevoise & Plimpton Private Equity Report, which is also edited by Franci J. Blassberg, Co-Chair of Debevoise’s Private Equity Group, focuses on the ways in which legal and market developments impact private equity firms and their investors in their fundraising, investing, acquisitions, financing and monetization activities.

The Burton Awards, now in its eighth year, was founded to reward legal authors and promote the refinement of legal writing and plain language. The Awards are funded by the Burton Foundation which is a not for profit, academic effort. It is devoted to recognizing and rewarding excellence in the legal profession.

06-13-2007

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