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Law Firm News

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Clausen Miller PC

Partner Michael Basil Takes The Oath Of Office
Michael Basil was elected on April 17, 2007 to serve a four-year term of office as a Village Trustee in his north suburban community. On May 22, 2007, he took the oath of office and attended his first Village Board meeting the same evening as a public official. Mr. Basil has been a leader in a variety of civic matters and is committed to improving public policy discussions and encouraging public service.

05-23-2007

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Bryan Cave LLP

Bryan Cave Team Helps Get Death Sentence Overturned
It’s not often that Bryan Cave attorneys handle criminal cases outside the white-collar arena. A team of Bryan Cave attorneys, however, recently helped present a death penalty case to the U.S. Supreme Court.

The Supreme Court on May 21 set aside the death penalty sentence for St. Louis resident William Weaver, convicted 20 years ago of an execution-style murder. Although the court took the case to address the prosecutor’s remarks to the jury during the penalty phase closing argument, the court based its 6-3 ruling on procedural grounds raised as a secondary argument by Weaver’s defense team.

“The outcome here is really quirky,” Partner Beth Carver told the St. Louis Post-Dispatch. “It’s an unusual opinion, no question.”

Carver, Partners Charlie Weiss and John Rogers, Associates Lee Marshall, Jim Wyrsch and a team of first year associates got involved with the matter on a pro bono basis in December 2006, after the Supreme Court said it would hear the case.

Now 45, Weaver was sentenced to death in the murder of Charles Taylor, who was set to be a witness in a federal drug trial. In the murder trial’s sentencing phase, the prosecuting attorney compared the juror’s role in sentencing to that of a soldier who knows he has a duty to kill when he sees his friend killed on the battlefield. He also repeatedly asked the jurors to consider their decision as part of the larger war on drugs.

The Eighth Circuit overturned Weaver’s death sentence, saying the prosecutor’s comments were improper. The Missouri attorney general petitioned for a writ of certiorari, arguing that Weaver’s appeal should be governed by the Antiterrorism and Effective Death Penalty Act (AEDPA), which limits appeals in capital cases.

In the Supreme Court’s ruling, the justices said they dismissed the appeal so Weaver’s sentence would conform to similar cases. The prosecutor had made the same argument in two other cases, including the trial of Weaver’s co-defendant, and the Eighth Circuit had thrown out those death sentences before AEDPA went into effect.

Carver said the decision means the court stopped short of establishing a precedent for prosecutorial conduct during sentencing. Weaver most likely will remain in prison for life without the possibility of parole.

Others who worked on Weaver’s case from Bryan Cave include Associates Herb Giorgio, Kate Dornbush, Chris Shelton, Travis Kearbey, Laura Mayberry and Kelly Hardy. Also involved were John Blume, a Cornell University professor who argued the case before the Supreme Court, and two of Weaver’s appointed attorneys. The case came to Bryan Cave’s attention through St. Louis Partner John Hoffman, who knows one of Weaver’s appointed attorneys.

05-23-2007

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Simpson, Thacher & Bartlett, LLP

Simpson Thacher Representing Arrangers in $58 Billion Financing in connection with Chrysler Acquisition
Simpson Thacher is representing J.P. Morgan Securities Inc., Citigroup Global Markets Inc., Goldman Sachs Credit Partners L.P., Morgan Stanley Senior Funding, Inc. and Bear, Stearns & Co., Inc., as arrangers for $58 Billion of financing in connection with the acquisition of Chrysler by Cerberus Capital Management, L.P. The financing package, the largest raised to date for a private equity acquisition, will be used to refinance existing indebtedness currently provided to Chrysler by its parent, DaimlerChrysler AG, as well as to finance certain operational restructuring initiatives. On May 14th, DaimlerChrysler AG accepted Cerberus' $7.4 billion offer to acquire all of the Chrysler operations.

The Simpson Thacher team for this transaction includes Steve Feder, David Eisenberg, Laura Palma, David Mack, Lauren Donner Chait and Victor Chai, Kerry Konrad (IP), Greg Grogan (ERISA), Mardi Merjian and Andrew Silverman (Real Estate), Michael Isby (Environmental), Alice Eaton (Bankruptcy and ABS), Elisa Alcabes (Litigation and Product Liability), and Sean Austin (Tax).

05-23-2007

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Seyfarth Shaw LLP

Seyfarth Shaw Welcomes Four Leading Patent Attorneys in Boston with a Broad Range of Technological Expertise and Litigation Capability
Seyfarth Shaw LLP, one of America’s leading full service law firms, announced that Brian L. Michaelis, Thomas M. Saunders and John C. Serio have joined the firm as partners and Joseph P. Quinn has joined the firm as of counsel in the Intellectual Property Practice Group in the firm’s Boston office. Prior to joining Seyfarth Shaw, Michaelis and Saunders were partners and Serio was senior counsel with Brown Rudnick Berlack Israels LLP and Quinn was an associate with Cesari and McKenna LLP. All are registered to practice before the United States Patent & Trademark Office (USPTO).

Saunders and Serio, as specialists in patent and licensing matters related to biotechnology, pharmaceuticals and medical device industries are responding to a sector which is experiencing tremendous growth in the New England market. Recently, on May 15, 2007, Massachusetts Governor Deval Patrick proposed to spend $1 billion on biotechnology over 10 years to “enhance the state’s already nationally recognized assets in the fields of medicine and science . . . to ensure the state’s ability to support life science progress from the idea stage through the production stage.”

Michaelis, formerly co-chair of his prior firm’s Intellectual Property Practice Group, is active in all areas of intellectual property law and technology business practice, with considerable emphasis on Intellectual Property litigation, including significant patent litigation trial experience. His practice includes intellectual property patent strategy counseling, as well as validity and infringement analysis. He has testified as an expert on patent issues and argued appeals before the USPTO Board of Patent Appeals and Interferences and the Court of Appeals for the Federal Circuit.

Saunders specializes in representing emerging medical technology, biotechnology/genetic engineering and pharmaceutical concerns, addressing patent prosecution, patent strategy and Intellectual Property licensing matters. He has particular expertise in university technology transfer. His intellectual property practice extends to trademark and copyright licensing and litigation where he has significant experience.

Serio concentrates his practice in the area of intellectual property concerning biotechnology, pharmaceuticals, medical devices and analytical scientific equipment. His practice involves drafting and prosecution of patents, right to use and patentability opinions, patent litigation, licensing of technology and trademark issues. Beyond his patent practice, Serio provides regulatory guidance in working with the Food and Drug Administration in pharmaceuticals, biologicals, and device approvals and post-approval issues. Together Saunders and Serio provide Abbreviated New Drug Application (ANDA) Paragraph IV certifications to generic pharmaceutical houses.

Quinn focuses on patent drafting and prosecution, technology licensing, patentability studies and trademark protection in the U.S. and internationally. Areas of technology include computer and network architecture, mass data storage systems, data acquisition and control systems, machine vision, fiber optics, signal processing, telematics, medical devices, laser applications, films and graphic technologies, electro/mechanical technologies, switches, valves and connector systems. He also provides litigation support and has provided extensive due diligence and valuation studies for intellectual property in the context of corporate mergers and acquisitions.

"The addition of these significantly experienced lawyers will enhance and strengthen Seyfarth Shaw’s established national IP practice,” stated Alan L. Unikel, Co-Chair of the firm’s Intellectual Property Group. “Over the past year, our firm has nearly tripled the number of patent attorneys and agents who provide valuable litigation counsel and support to our clients. I am delighted to welcome Brian, John, Tom and Joe to the firm, the practice and our growing Boston office.”

Seyfarth Shaw’s team of intellectual property attorneys represents a diverse roster of clients in all areas of intellectual property law helping clients identify and secure their intellectual property rights, exploit them in the marketplace and enforce or defend them anywhere a client does business. The firm’s Patent Law practice has significant experience and in-depth knowledge to help clients review ideas and products, evaluate patentability issues, prepare and manage patent applications, identify potential infringements, and enforce patent rights.

The addition of these four attorneys in Boston increases Seyfarth’s total number of patent practitioners including attorneys and agents to 28 across the country. This group reviews inventions and products for patentability and potential infringement; prepares and prosecutes patent applications before the USPTO; drafts and negotiates patent licenses, technology development, confidentiality and employment agreements; obtains and enforces foreign patent rights; integrates patents with other forms of intellectual property protection; develops and delivers patent training programs; provides counsel on patent-related aspects of acquisitions, including due diligence and negotiation of asset purchase agreements; conducts patent portfolio audits, prepares opinions regarding patent infringement, invalidity and enforceability issues, and litigates Intellectual Property disputes.

“Seyfarth Shaw is addressing the needs of the strong high tech, biotech, medical device, and life science base in New England and we believe that our expanding IP presence will significantly help our clients in their growing businesses,” said Lisa J. Damon, managing partner of Seyfarth’s Boston office. “The addition of this group also provides stronger, more full service capabilities in our Boston office. We are thrilled to have these new attorneys on board.”

Michaelis received his B.S. (cum laude) from New Hampshire College and earned his J.D. from Franklin Pierce Law Center. He is admitted to the bar in Massachusetts and New Hampshire and is a Registered Patent Attorney with the USPTO. He is a member of the American Intellectual Property Law Association, the Boston Patent Law Association, the American Bar Association, Massachusetts Bar Association, New Hampshire Bar Association, Boston Bar Association, Federal Circuit Bar Association, Computer and Internet Law Committee, and Institute of Electronic Engineers.

Serio has a B.S. from the University of Rhode Island School of Pharmacy and his J.D. from the Western New England School of Law. He is admitted to practice law in Massachusetts and is a Registered Patent Attorney with the USPTO. Serio is a member of the Boston Patent Law Association, the Boston Bar Association, the Massachusetts Bar Association and the Massachusetts Pharmaceutical Association. He is an accredited speaker with the American College of Pharmaceutical Education and regularly speaks on pharmaceutical issues.

Saunders received a B.A. from the University of Wisconsin at Madison and a J.D. from Boston College Law School. He is admitted to the bar in Massachusetts and New York; he is a Registered Patent Attorney with the USPTO and the Canadian Patent Office. Saunders has a substantial background in biotechnology and chemical patent practice, facilitated by his graduate studies in physiology at Case Western Reserve University and Albany Medical College. He has also been in-house patent counsel in the pharmaceutical industry.

Quinn received his B.S. from Northeastern University and his J.D. from Suffolk University Law School. His is admitted to the bar in Massachusetts and is a Registered Patent Attorney with the USPTO. He is a member if the Boston Bar Association, the Boston Patent Law Association and the Institute of Electrical and Electronic Engineers.

“Speaking on behalf of my colleagues, we are delighted to join a well developed IP practice that is growing significantly to keep up with the increasing need for sophisticated representation in complex IP litigation matters,” stated Michaelis. “We see exceptional opportunities for our practice in the electrical/electronic, software, biotech, pharma, medical device and life science arenas in Massachusetts. Our full national practice should benefit from these and other growth areas in our client work.

05-23-2007

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Powell Goldstein LLP

New Partners Tia Cottey, Ryan Pumpian, Rebecca Sigmund, Kalee Vargo, and Dan Ashburn Announced
ATTORNEYS
Daniel G. Ashburn
Tia L. Cottey
Ryan T. Pumpian
Rebecca L. Sigmund
Kathryn B. Vargo

Powell Goldstein has elected four new partners in its Atlanta office. They are Tia L. Cottey, a real estate finance lawyer with a focus in commercial mortgage-backed securities; Ryan T. Pumpian, and intellectual property litigator, Rebecca L. Sigmund, an immigration lawyer; and Kathryn B. "Kalee" Vargo, a labor and employment litigator. Daniel G. Ashburn, part of the firm's special matters and investigations team, has been elected as counsel.

05-23-2007

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Piper Rudnick, L.L.P.

Freeman and Osterman join DLA Piper’s Corporate and Securities Practice in San Francisco
DLA Piper US LLP has announced that Dale Freeman and Garth Osterman have joined the firm’s Corporate and Securities practice group as partners in the firm’s San Francisco office. They both come to the firm from Reed Smith.

The addition of Freeman and Osterman represents the latest development in the expansion of the firm’s Corporate and Securities practice in the Bay Area. A key focus in the Bay Area has been to advance opportunities for the firm in the areas of life sciences, venture capital and private equity.

Their arrival highlights the firm’s strategic commitment to strengthening the business development capabilities in the Bay Area’s Corporate practice,” said Jay Rains, co-chair of the firm’s Corporate and Securities practice. “They are both outstanding client managers and driven business developers who have strong relationships with key businesses in their practice area.”

“Dale and Garth are both a perfect fit with the firm’s regional and worldwide platforms,” added Howard Clowes, a partner in the firm’s Corporate and Securities practice in San Francisco. “Dale will contribute towards the development of a stronger Life Sciences practice in the Bay Area, while Garth, with his experience doing deals in the United States and Europe, will add to the firm’s national and international transactional capabilities in private equity, project finance and M&A. They are both exceptional attorneys and will deepen the credibility of our West Coast Corporate practice.”

Freeman focuses his practice on representing public and private companies in a wide range of matters including entity formation; mergers and acquisitions; public and private securities compliance; licensing, joint ventures and strategic alliances; venture finance; and general corporate counseling for clients ranging from early stage to mature to multi-national companies.

His practice primarily consists of running many substantial VC-side equity investment work for Viacom/MTV Networks. Since joining Reed Smith in 2003, Freeman has closed more than 30 financings that raised in excess $800 million. In 2006 alone, he represented investors in the largest venture capital financings in the life sciences industry and represented the issuer in one of the year’s most successful IPO’s.

Freeman’s mergers and acquisitions experience has included deals involving a variety of structures from private stock placements, to an asset sale in a friendly bankruptcy, to stock placements following appearances before the California State Department of Corporations. Several of these transactions have been multinational, involving multiple jurisdictions and assets, operations and personnel residing all over the world.

Freeman received a J.D. from University of California, Berkeley, Boalt Hall School of Law, where he was managing editor of the California Law Review, and an A.B. with distinction from Stanford University.

Also experienced in mergers and acquisitions, Osterman focuses his practice on all sizes of merger, acquisition, and divestiture transactions, as well as on the project finance area, where he has acted for developers and for lenders. In the project finance arena, Garth’s practice includes structured finance transactions and the acquisition, sale and restructuring of assets for clients participating in the renewable energy industry.

Osterman has advised on both the project side and the invester/lender side of transactions and has acted as lead counsel and transaction manager for Rule 144A debt offerings as well as the sale and acquisition of assets. Recently, he expanded his practice into the representation of hedge funds in multiple transactions, including an acquisition of real estate and other assets in Eastern Europe.

Prior to practicing in the corporate area, he was a business and commercial litigator focusing on all types of complex business litigation, including commercial transactions, class action litigation and other business torts.

Osterman received a J.D., cum laude, from the University of San Francisco, where he was managing editor of the University of San Francisco Law Review, and a B.A. from University of Washington.

05-23-2007

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Miller, Canfield, Paddock & Stone, P.L.C.

Miller Canfield Attorney Appointed to Program Committee of Inforum and Advancement Committee of Aquinas College
Jennifer M. Van Horn, a senior attorney in the Grand Rapids office of the law firm of Miller Canfield, was recently appointed to the Program Committee of Inforum of Grand Rapids, a business forum for women. In addition, Van Horn was appointed to the Advancement Committee of Aquinas College in Grand Rapids.

At Miller Canfield, Van Horn practices domestic relations, personal injury and tort litigation, employment, product liability, and commercial litigation.

Van Horn is a member of the State Bar of Michigan, Ingham County Bar Association, Michigan State Bar Foundation (Fellow), Grand Rapids Bar Association, and American Bar Association. She is also a member of the Defense Research Institute, Michigan Defense Trial Counsel, Transportation Lawyers Association, and Inforum. She is a Case Evaluator serving on panels in Eaton, Clinton, Ingham and Kent Counties. She is also a court appointed attorney for the Juvenile Courts of Ingham and Eaton counties, and Ingham County Probate Court. She serves on the board of directors for Silent Observer in Grand Rapids, and is a member of the Stewardship Committee at St. John Vianney. She is recognized in Michigan Super Lawyers in the Litigation Section of the 2006 edition.

She received her law degree from Wayne State University Law School, cum laude , in 1995. She received her B.A. from Michigan State University in 1992.

05-23-2007

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