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Caryn Boisen appointed to American Arbitration Association's National Construction Dispute Resolution Committee
Caryn Boisen has been appointed to serve on the American Arbitration Association's National Construction Dispute Resolution Committee (NCDRC). The NCDRC provides guidance to the American Arbitration Association on construction dispute resolution, including rules and administrative policies. On the NCDRC, Caryn represents the interests of the Women Construction Owners and Executives (WCOE), a national association that seeks to promote opportunities and business for women-owned firms and policy-making executives in the construction industry. Caryn currently serves on WCOE's Board of Directors as the National Associate Director-at-Large.

06-08-2007

Gilbert Randolph LLP Welcomes Returning Litigation Partner
Gilbert Randolph LLP announced today that August J. Matteis, Jr. will be returning to his role as a litigation partner with the firm. Matteis briefly held a position with the Washington, DC firm Kelley Drye & Warren LLP but will rejoin Gilbert Randolph on June 11th.

"We are delighted with Augie's decision to return to the partnership of the firm," said Scott Gilbert, the firm's Chairman. "He is an extremely talented and effective trial lawyer, and the experience, skills and personality he brings to Gilbert Randolph are unique and valuable assets."

Matteis' return will enable him, among other things, once again to collaborate with Gilbert and others in state-of-the-art insurance litigation such as the Continental Casualty Company v. Employers Insurance Company of Wausau (Keasbey) asbestos case. While at Gilbert Randolph, Matteis was lead trial counsel in Keasbey, which resulted in a landmark decision for policyholders. During the multi-month trial, the firm successfully argued that a class of third-party claimants with asbestos-related injuries could recover potentially unlimited amounts under the premises/operations coverage of the general liability insurance policies issued to a now-defunct insulation contractor. The decision has received a great amount of attention and promises to have a lasting effect on future asbestos litigation.

"I am extremely anxious to rejoin my colleagues at Gilbert Randolph and especially delighted to be able to celebrate with Scott and the rest of the firm our joint success in the Keasbey case," Matteis added. "The unique quality of the firm, clients, and the talent we have is undeniable, and I look forward to continuing my career here.

06-08-2007

Apollo Management Executes $900 Million Debt Financing for AAA Investments
O'Melveny represented private equity firm Apollo Management and its affiliates in the $900 million debt financing for AAA Investments, L.P.

AAA Investments is a vehicle through which AP Alternative Assets, L.P. (Euronext Amsterdam: AAA) makes investments in certain private equity and capital markets funds sponsored and managed by Apollo, and in which AP Alternative Assets is the sole limited partner. The financing, which closed June 1, was composed of a $900 million asset backed revolving credit facility.

New York partners Brad Finkelstein and Greg Ezring led the negotiations. The OMM team included counsel Mark Wlazlo and associates Kurt Van Derslice and Ben Leese. Partner John Daghlian and counsel James Ford advised on UK aspects of the financing. Partner Bill Satchell advised on regulatory issues. Partner Russ Pinilis and associate Doug Henry advised on tax matters.

Established by Apollo, AP Alternative Assets is a closed-end limited partnership established under the laws of Guernsey. AP Alternative Assets is managed by Apollo Alternative Assets and invests in and co-invests with

Apollo's private equity and capital markets investment funds.

Apollo is a leading private equity and capital markets investor with 17 years of experience investing across the capital structure of leveraged companies.

06-08-2007

Qualcomm Wants Stay Of ITC Phone Ban
Wasting no time in fighting back against the long-delayed ruling, Qualcomm asked Monday for an emergency stay of the U.S. International Trade Commission’s ban on the import of phones with Qualcomm chips. Smith Brittingham of Finnegan Henderson said that the order will likely withstand any appeal. “It’s unlikely the order will be disapproved by the President. It happens so rarely and the Commission has insulated this decision in some ways by allowing so many people to present evidence and coming up with this compromise that tries to balance the needs of the patent holder and public interest,” Brittingham said. “It’s difficult to criticize the Commission for what it’s done from the overall policy standpoint.”

Brittingham said unless a stay is granted, an appeal would not be effective because it would be a two-year process, and at the end the phones would likely be off the market or obsolete.

06-08-2007

U.S. Bans Import Of 3G Phones Using Qualcomm Chips
The U.S. International Trade Commission found in favor of Broadcom that Qualcomm’s chips infringed its patent relating to power management – a battery-saving feature on mobile devices. The six-member ITC’s 4-2 vote follows a federal jury in Santa Ana, California, finding last week that Qualcomm had infringed three other patents owned by Broadcom. “This is certainly an order that will complicate Qualcomm’s life and make it very uncomfortable for its customers,” said Smith Brittingham of Finnegan Henderson. “In light of this and the jury’s verdict, there’s a ball starting to roll down a hill that could make it end up considering a settlement.”

Mr. Brittingham said the agency had never stayed an exclusion order previously and Qualcomm’s probable next step would be to ask a federal circuit judge to issue a stay so that the ban could not go into effect until an appeal had been heard. An appeal could take up to two years.

06-08-2007

U.S. ITC Bars Some Qualcomm Imports
The U.S. International Trade Commission barred the import of future models of phones using Qualcomm third generation chips, marking a blow to the vendor in its ongoing intellectual property battle with Broadcom. Qualcomm said it plans to initially focus on trying to convince U.S. President George W. Bush to overturn the decision. Bush has 60 days to look at the ITC opinion and can decide to strike it.

“That has happened only a handful of times and is unlikely,” said Smith Brittingham, a Finnegan Henderson lawyer and former ITC investigative attorney. “It would be difficult for the President to criticize what the Commission has done in terms of the attempt to balance public interest factors,” he said. “The amount of time the Commission has put on this particularly remedy is unprecedented.” The Commission held special hearings and investigated the matter thoroughly in an attempt to come to a balanced decision, he said.

The ruling is unprecedented for other reasons as well. Brittingham is unaware of an ITC case that grandfathers in existing products, allowing infringing products to continue to be imported, for economic reasons. In a few cases, the ITC has allowed infringing products to continue to be imported if a ban would threaten people’s lives.

It sets a dangerous precedent, Brittingham said. “It raises the specter that in the future if you infringe a little bit on any unimportant or unsuccessful product, we’ll keep you from doing that, but if you infringe a lot on a wildly successful product you can keep doing it,” he said.

06-08-2007

New Atlanta Fund Leads $1.5 Million Investment - Stuart Johnson quoted
Stuart Johnson of law firm Powell Goldstein LLP says the addition of any early-stage investment firm is a great thing for Atlanta.

"What we hear from entrepreneurs are complaints about the gap in A-round financing," Johnson said. "Groups like Monolith help fill that gap. If people can be funded locally instead of going outside the community, this is something that benefits the entire entrepreneurial culture in Atlanta."

06-08-2007

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