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Meyer, Suozzi, English & Klein P.C.

N.Y. GOV. SPITZER PLAN FOR JUDGES WINS SPLIT VOTE
Local attorneys are giving mixed reviews to Gov. Eliot Spitzer's proposal to move New York to a system of appointed judges instead of the current method of elections.

Spitzer's call last week to amend the state constitution to allow the appointment of state judges and to restructure the courts would alter a system the governor called "one of the most convoluted, politicized, outdated and expensive in the nation. "

A.Thomas Levin, a partner in the Garden City law form Meyer, Suozzi, English & Klein, and a former president of the New York State Bar Association, welcomed the proposals.

Levin is a member of the committee that works on judicial reorganization and selection issues for the bar, a strong supporter of appointment for judges. The current system of electing judges puts too much power in the hands of political party bosses, Levin said.

"The problem is that the political process is very limiting in who ever has a chance to get on the bench," he said. The system for getting on the ballot for state Supreme Court - New York's general trial level court - has been to be nominated by a political party's judicial nominating convention. It's not possible to petition onto the ballot, as it is for other judicial positions in the state.

That requires judicial candidates to be politically active, Levin said, a concern that wouldn't be true with appointments.

"There's nothing that's apolitical, but it's less political," Levin said.

"And we think merit would get more weight. "

The current system was challenged in a case before U.S. District Court Judge John Gleeson, who ruled that local majority party leaders effectively pick State Supreme Court judges, and ordered the state to revamp its selection process.

That ruling was upheld on appeal. In February, the U.S. Supreme Court agreed to review the matter. But that court won't take it up until its next term begins in October, meaning a ruling could still be a year away.

Spitzer's proposed constitutional amendments will take time as well. To take effect, the amendments must be passed by two separately elected Legislatures, then approved by the state's voters in a referendum. The earliest that could happen would be in 2009. Spitzer has proposed interim changes to increase ballot access and voter education that could be accomplished without amending the state's constitution.

Spitzer described his plan as "a merit-based appointment system," words that rankle Thomas J. McNamara of Certilman Balin Adler & Hyman, LLP. The description implies that appointments would be based only on merit, and that elections do not turn on that question, propositions McNamara said he doubts.

"With the current system, we have a lot of fine judges who've been elected. The system is not as broken as some people would like to say," he said. "There are reasons why the current system is not perfect, but this may not be the proper solution. "

Attorney Michael G. Zapson argues that the proposed changes would not remove politics from the system. He envisions a governor relying on elected local officials to make recommendations. "I don't think it will remove politics from the system. "

Spitzer's plan calls for establishing screening committees to recommend qualified people for judicial nominations. But Zapson, with Davidoff Malito & Hutcher LLP, argued such a scheme puts decisions in the hands of just a few people. Zapson, who was chairman of the judiciary committee when he was in the Nassau legislature, would prefer to see direct, open elections for judges, and called the party conventions for Supreme Court "archaic. "

"The main difference [under Spitzer's plan] is the executive department would have more say in who becomes a judge, not voters," McNamara said.

While acknowledging that screening committees could be "distorted," Jerry Kremer, an LIBN columnist who served in the state Assembly and now lobbies on behalf of clients with Ruskin Moscou Faltischek in Uniondale, sees potential benefits.

"If the process is a fair one and the group is objective, then it can work very well," Kremer said.

He said when the dust eventually settles he expects to see some form of appointment.

Spitzer also proposed restructuring the state's court system to consolidate the major trial courts, and to eliminate limits restricting the number of state Supreme Court judges.

He would also create an additional appellate division to relieve the burden of the Second Department. The department, which includes Nassau and Suffolk counties, has about half of the state's population.

05-04-2007

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Le Boeuf, Lamb, Greene & McRae, L.L.P.

LeBoeuf Lamb Advises on AFI Development's $1.4 billion IPO
LeBoeuf, Lamb, Greene & MacRae has advised shareholder Nirro Group S.A. and AFI Development PLC's Chief Operating Officer on AFI Development's $1.4 billion initial public offering (IPO) on the London Stock Exchange.

AFI Development is a Russia-focused real estate company. Prior to the IPO, its shareholders were Nirro Group S.A. and Africa Israel Investments Limited.

The IPO saw 100 million global depositary receipts (GDRs) issued at $14 per GDR. Following the listing the company was valued at $7.3 billion. There is also an over-allotment option to underwriters of 10 million GDRs at the offer price.

Following its listing, AFI Development became the fifth largest real estate group listed on the London Stock Exchange after established UK real estate companies, Land Securities, Hammerson, Liberty International and Slough Estates.

The joint global co-ordinators for the IPO were Deutsche Bank and Morgan Stanley, and the joint bookrunners were Deutsche Bank, Goldman Sachs International and Morgan Stanley. The syndicate also includes Citigroup Global Markets as co-lead manager.

Moscow partners Brian Zimbler and Vasilisa Strizh led the LeBoeuf Lamb team advising Nirro Group and AFI Development's Chief Operating Officer. They were assisted by London associates Rob Cant and Bjorn Benckert, and Moscow associate Yevgeny Sychev.

05-04-2007

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Calfee, Halter & Griswold LLP

Calfee Welcomes Jean Robertson as Partner
Calfee is proud to welcome Jean Robertson. Previously a partner at McDonald Hopkins, Jean joins Calfee as a partner in the Bankruptcy and Creditors' Rights practice area. For more information on Jean's legal experience, please visit her biography.

05-04-2007

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Proskauer & Rose, LLP

Proskauer Rose Advises Microsoft in its Acquisition of Screentonic
Microsoft, the world's largest software maker, announced yesterday that it has agreed to acquire ScreenTonic, a Europe-based mobile advertising pioneer, from 3I, I-SOURCE and the founders of ScreenTonic. This acquisition will be an extension of Microsoft's commitments to connect advertisers with their target audiences.

The Proskauer Rose Paris office, which had already advised Microsoft in its acquisition of MotionBridge (in 2006), represented MICROSOFT in connection with the acquisition of ScreenTonic.

The Proskauer Rose team was led by Guillaume Kellner (Partner). The team also consisted of Etienne Mathey and Quentin Fournier (Corporate) as well as Jean-Baptiste Martin and Cécile Martin (Labor).

De Gaulle Fleurance (Louis de Gaulle, Charlotte Romano and Eloise Bigard-Prunet) was responsible for the IP/IT due-diligences and PWC (Philippe Chavanne) for the financial due-diligences.

Lovells (Jon Harry and Charles de Lavennes) represented 3I, I-SOURCE and the founders of ScreenTonic.

Jefferies Broadview also advised the selling shareholders of Screentonic with respect to the financial aspects of the transaction.

05-04-2007

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Morrison & Foerster, LLP

Morrison & Foerster Wins Acquittal for Healthcare Executive Charged in Federal Anti-Kickback Case
A Morrison & Foerster trial team has won complete acquittal for a former biotechnology sales executive accused of conspiracy and two other counts under the federal Anti-Kickback law.

Following a two-week trial before Judge Joseph Tauro in U.S. District Court for the District of Massachusetts, in Boston, a 12-person jury took less than three hours to exonerate Melissa Vaughn and three former employees of EMD Serono, the U.S. division of Swiss-based life sciences company MerckSerono. (EMD Serono is headquartered in Rockland, Mass., southeast of Boston.)

Ms. Vaughn and John Bruens, Marc Sirockman and Mary Stewart were indicted in 2005 by the Justice Department, which alleged that the four former Serono sales executives promised lavish, expense-paid trips to a medical conference in Cannes, France, to doctors who wrote prescriptions for the company’s anti-AIDS medication Serostim.

Serostim, an artificial human growth hormone, was developed to fight “wasting,” the massive weight loss that historically befell AIDS patients. Federal prosecutors contended that protease inhibitors, or “AIDS cocktail” drugs, had greatly curtailed both AIDS and wasting by the time Serostim came to market in the mid-1990s, prompting desperate measures among Serono’s sales force, whose compensation was heavily based on commission.

Each of the four defendants faced charges of conspiracy and offering illegal remuneration, in violation of the federal Anti-Kickback Act. For her part, Ms. Vaughn faced up to 15 years in prison and a $750,000 fine.

“This is a case that should never have been brought, and the speed with which the jury returned its verdict confirmed our belief,” said Adam Hoffinger, a partner in the Washington, DC, office of Morrison & Foerster, who represented Ms. Vaughn.

Mr. Hoffinger noted that another former Serono regional sales director, Adam Stupak, pled guilty to kickback charges in 2004. He added that in 2005 Serono agreed to pay $704 million, including more than $136 million in criminal penalties, to settle a Justice Department investigation into the company’s sales and pricing practices for Serostim. It is believed to be the one of the largest criminal and civil fines ever paid by a healthcare company.

“In our view, which the jury evidently shared, the government was overreaching in trying to pin its kickback charges on to these individuals,” Mr. Hoffinger said. “This case illustrates the intense pressure the government puts on regulated industries, such as pharmaceuticals, and their executives.”

In addition to Mr. Hoffinger, the Morrison & Foerster team representing Ms. Vaughn included James Sullivan, of counsel, and associate Demme Joannou, both of the Washington office.

05-04-2007

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Gibson, Dunn & Crutcher, LLP

New York Partner Andrew Lance Elected to the American College of Real Estate Lawyers
New York partner Andrew Lance has been elected to membership in the American College of Real Estate Lawyers, the country's premiere group of real estate lawyers comprising over 900 members. Election by the group's Board of Governors is by invitation only following a thorough evaluation process that includes interviews with real estate lawyers nationwide.

05-04-2007

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Akin Gump Strauss Hauer & Feld, L.L.P.

AKIN GUMP EXPANDS CAPABILITIES IN DUBAI
Akin Gump Strauss Hauer & Feld LLP has further expanded its Middle East presence with the addition of partner Chris P. Sioufi and senior associate Samer Amro in its Dubai office, the firm announced today.

Gavin B. Watson, partner-in-charge in Akin Gump’s Dubai office, stated, “Since we launched our Dubai office in 2005, the demand from both regional and international clients for legal expertise in relation to investment funds, private equity and Islamic finance has grown considerably. Chris and Samer will further enhance our ability to meet this demand, adding significant depth to our regional funds and transactional capabilities. We are delighted to welcome them aboard.”

Mr. Sioufi, the former general counsel and chief compliance officer of Bahrain-based Unicorn Investment Bank, an Islamic investment bank, will advise banks, investment banks, Islamic financial institutions, private equity houses, corporations and family holdings across the MENA region on the full range of investment banking and corporate transactional matters, including private equity, funds, Islamic finance and corporate finance. He joins Akin Gump from DLA Piper, where he led that firm’s banking and investment banking practice for the Middle East. He was formerly a partner at leading Canadian law firm Ogilvy Renault and was named by Lexpert as one of the Top 40 lawyers under the age of 40 in Canada in 2004.

Stephen M. Vine, chair of the firm’s investment funds private equity practice, stated, “Akin Gump has long been recognized as a leader in the area of private equity and investment funds. Chris and Samer’s depth and breadth of experience in this area, including their work with Shari’ah-compliant funds, will significantly benefit our clients. Their addition to the firm positions us to take advantage of what we are convinced is a compelling market opportunity.”

Mr. Sioufi commented, “I am delighted to have this opportunity to be part of Akin Gump’s global funds and private equity practice, and very much look forward to playing a leading role in projecting the firm’s strengths in these areas into the Middle East/North Africa. In particular, I will focus on supplementing and enhancing the firm’s existing Islamic finance expertise, including in the evolving market of Shari'ah-compliant hedge funds. Our regional clients will benefit significantly from the international experience and reach of Akin Gump, and we can now offer the firm’s international clients the top-tier funds and private equity legal expertise and service standards in this region that they rightly expect and deserve.”

Akin Gump lawyers have been advising clients in the Middle East for several decades, and the firm has had a presence in the region for more than seven years. The firm's Dubai office opened in 2005 and advises clients on a range of matters, including energy project development and finance, investment funds, private equity/M&A and Islamic investment products. In September 2006 Akin Gump became the first U.S. law firm to receive a license from the Dubai Financial Services Authority to provide legal services to financial institutions operating in the Dubai International Financial Centre.

05-04-2007

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