Law Firm News

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Law Firm News

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Hirschler Fleischer, Attorneys at Law

HIRSCHLER FLEISCHER ATTORNEYS SPEAKING AT NEW YORK REIT CONFERENCE.
Hirschler Fleischer attorneys, Thomas (Tom) G. Voekler and Richard (Chip) P. Cunningham, Jr., will speak at the Information Management Network's 4th Annual Private & Non-Traded REITs symposium, May 31 - June 1, 2007, in New York City.

Tom Voekler and Chip Cunningham are members of the Real Estate Securities Practice Group at Hirschler Fleischer -- a highly-experienced multi- disciplinary team consisting of corporate/securities, tax and real estate attorneys who specialize in representing issuers, broker dealers and underwriters in private placements and public offerings of securities. Group members advise private and public companies, including public and private REITs, on a full range of corporate and securities matters. In 2006, the group handled in excess of $2.16 billion in real estate related securities transactions.

Tom Voekler practices primarily in corporate finance, public and private securities offerings, merger and acquisitions and corporate governance issues, with a particular focus on real estate investment trusts (REITs). He brings this knowledge to a panel which will be discussing "Regulatory Update: Evaluating the Proposed NASAA Changes and other Critical Issues." Topics that Tom and his co-panelists will touch on include:

* State Regulatory Issues; Are the States Stepping up their Scrutiny?
* Shareholder Class Action Lawsuit Update
* Preparing for a Regulatory Investigation
* Tax-Advantaged Structures
* DRIP Commission Update
* Regulatory/Compliance Issues when Selling your Offering
* Political Landscape
* Evaluating the Proposed Changes to the NASAA Guidelines on Suitability

Chip Cunningham practices in the corporate finance and securities arena, with a focus on advising clients in the real estate industry. He will help lead the workshop, "An Introduction to the Non-Exchange Traded REIT Structure," where he and his colleagues will discuss in detail the following REIT issues:

* Comparing Non-Exchange Traded REIT vs. Fund, Private REIT, Partnership, Public REIT and REOC Structures
* Evaluating the Structure, Operating & Business Format of Non-Exchange Traded REITs
* Nuts & Bolts of FFO
* The Cost in Time and Money to Set Up
* Key Legal and Regulatory Issues

In 2006, the Information Management Network's Private & Non-Traded REITS symposium attracted over 400 representatives from non-traded and private REITs, financial advisors, broker dealers and industry service providers.

05-03-2007

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Heller Ehrman, LLP

Former Head of ABA Insurance Coverage Litigation Committee Joins Heller Ehrman
Heller Ehrman LLP announced that Timothy W. Burns has joined the firm’s Insurance Recovery Practice Group as a shareholder in the Madison, Wis. office. Burns comes from the Chicago firm of Neal, Gerber & Eisenberg LLP, where, as a partner, he developed a nationally-prominent Directors’ and Officers’ (D&O) insurance practice.

Burns has advised clients on all aspects of the purchase and maintenance of D&O insurance, including counseling with regard to initial public offerings, spin-offs, mergers and acquisitions and bankruptcies. He has represented two of the country’s five largest Fortune 500 companies along with numerous other Fortune 500 companies. Burns also has represented numerous policyholders in D&O and other insurance coverage disputes and litigation. In addition, Burns has counseled several companies on the D&O insurance aspects of securities and derivative litigation and governmental investigations.

“Tim’s proven experience in the D&O area enhances our existing practice and extends the capacity of the Insurance Recovery Group into the Midwest,” said Mark J. Plumer, co-chair of the Insurance Recovery Practice Group. “The expansion benefits key clients we represent, both in the Midwest region and nationally and we look forward to introducing them to Tim.”

“I decided to make the move to join Heller Ehrman in Madison based on the firm’s reputation in the insurance recovery area,” said Burns. “The firm’s has an ideal platform for my practice.”

From 2003 to 2006, Burns served as chair of the Insurance Coverage Litigation Committee of the American Bar Association (ABA). He also was appointed to the ABA Section of Litigation’s Task Force on ADR Effectiveness. He is the co-author of a book on D&O liability and insurance, and is a regular speaker at the annual Stanford University’s Directors College and the University of Chicago’s Graduate School of Business, The Wharton School and Stanford Law School’s Directors Consortium.

Burns received a B.A. from Weber State University. He earned a J.D., summa cum laude, at the University of Missouri-Columbia School of Law in 1991, where he was a member of the Order of the Coif and the associate managing editor of the Missouri Law Review. He later served as law clerk to Circuit Judge George G. Fagg on the United States Court of Appeals for the Eighth Circuit.

Heller Ehrman has one of the world's largest and most successful policyholder-side insurance recovery practices. The firm represents policyholders in litigation and non-litigation insurance disputes and has provided risk management counseling and insurance advice in some of the world's most challenging and important insurance matters. Heller Ehrman represents policyholders seeking insurance proceeds under virtually every type of insurance policy and serves policyholder clients throughout the world in all major industries. In the process, the firm has obtained billions of dollars in recoveries for clients.

Heller Ehrman’s Madison office opened in 2001. Attorneys in the Madison office focus on litigation, intellectual property, Indian Affairs, antitrust and energy matters. They also represent companies in the life sciences industry.

05-03-2007

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Thompson & Knight LLP

T&K Attorney Publishes Article on the U.S. Supreme Court's Recent Reversal of a Punitive-Damages Award
The U.S. Supreme Court's recent 5-4 decision in Philip Morris USA v. Williams (127 S.Ct. 1057 [2007]), dealing with constitutional review of punitive-damages awards, is widely viewed as a blockbuster opinion," according to Thompson & Knight Partner Scott P. Stolley. Stolley's article, "The Elusive Nuance in Philip Morris USA v. Williams," was published in the April 2007 issue of Mealey's Litigation Report: Tobacco.

The article discusses the U.S. Supreme Court's split decision to reverse a multi-million dollar punitive-damages award against tobacco-maker Philip Morris, which a jury found had deceived a smoker into believing cigarettes were safe. The majority reversed based on the failure to give a jury instruction requested by Philip Morris. The instruction would have told the jurors that they could not award punitive damages to punish Philip Morris for injuries to other current or former smokers who were not involved in the litigation.

According to Stolley, this "leaves a huge question: How can a court determine whether the jury followed the instruction to consider injuries to nonparties only for reprehensibility purposes and not when determining the amount of punishment?" In dissent, Justice John Paul Stevens complained that this nuance alludes him. Stolley explains that the majority seems to be saying that the defendant must be given a chance for the jury to get it right, which means that the jury must be properly instructed to answer the right question.

"In the end, Philip Morris could ripen into a significant decision," says Stolley. "But if plaintiffs' lawyers adapt to it quickly, and if jurors continue to award large punitive-damages verdicts because the 'nuance' eludes them, Philip Morris will likely atrophy into a footnote in the history of constitutional review of punitive-damages awards."

Stolley is a Partner in the Trial Practice Group of Thompson & Knight's Dallas office. He focuses his practice on the representation of appellants and appellees in state and federal appellate courts, including evaluation of appeals, drafting briefs, and arguing to appellate courts. In addition, he consults and assists on dispositive, significant, and post-trial motions in trial courts and provides trial support on appellate-related issues, such as preservation of error and preparing and objecting to the jury charge. Stolley is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization.

05-03-2007

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Simpson, Thacher & Bartlett, LLP

Simpson Thacher Advises CD&R and KKR in $7.1 Billion Acquisition of U.S. Foodservice from Ahold
The Firm is advising Clayton, Dubilier & Rice, Inc. and Kohlberg Kravis Roberts & Co. L.P. in its announced acquisition of U.S. Foodservice, the second largest broadline foodservice distributor in the U.S., from Royal Ahold N.V. Funds affiliated with CD&R and KKR are equal partners in the transaction, valued at $7.1 billion. The company provides food and food related products to independent restaurants, healthcare and hospitality customers, educational institutions and prominent multi-unit restaurant companies.

The Simpson Thacher team working on this deal includes: Marni Lerner, Andrew Chvatal, Kirsty Mackay and Matthew McBride (M&A); Andrea Wahlquist and Beth Understahl (Employee Benefits); Adeeb Fadil and Noreen Lavan (Environmental); Mardi Merjian and Aaron Rosenberg (Real Estate); Fagie Hartman, Jacqueline Rosenblum and Andrew Janis (Labor); Moshe Schwerd, Nancy Mehlman and Sean Austin (Tax); Lori Lesser and Kirstie Howard (Intellectual Property); Pete Kazanoff, Paul Kim and Sandra Chiocchi (Litigation); Joe Tringali and Michael Naughton (Antitrust); James Cross (Credit) and Nicholas Dang (paralegal).

05-03-2007

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McDermott Will & Emery

Chicago Tax Department Adds New Counsel
The Chicago office of McDermott Will & Emery is pleased to announce the arrival of Fred M. Ackerson as counsel in the Firm's Tax Department. Mr. Ackerson, with his extensive knowledge and 25+ years experience, will be a very valuable addition to the Firm's Tax Department.

"Fred has experience representing various clients in administrative hearings and litigation. His state tax know-how is a great fit with our existing state and local practice," commented Michael Fayhee, head of the Firm's Tax Department.

Mr. Ackerson has extensive experience in state taxation including unitary business group composition, business and non-business income controversies, financial organizations, income taxation of partnerships and net operating losses. In addition, his state taxation experience also includes franchise taxes, sales, use and excise taxes, as well as other constitutional issues.

Beyond state taxation, Mr. Ackerson has also advised on federal taxation. His work in the federal tax area has involved primarily corporate, partnerships/pass-through and investment transactions. These include financial products, U.S. and offshore investment funds, REITs and private equity deals.

He graduated magna cum laude and with honors, receiving his B.A. from Hamilton College. He received his J.D. from the University of Chicago Law School.

Initially launched as a tax law firm in 1934, McDermott Will & Emery brings a wealth of history and experience to the tax arena, enabling our lawyers to offer the most practical and strategic advice on virtually every aspect of tax law. McDermott has one of the largest and most diversified state and local tax practices in the United States. Our unique strength is a product of the depth and breadth of our technical abilities combined with the experience and ardor of our advocacy and negotiation skills. We serve the needs of our clients regardless of the jurisdiction, issue or procedural stage involved. We are positioned to advise and represent multi-state businesses on virtually any state and local tax matter, including structural and transactional planning, administrative and judicial resolution of controversies, and legislative initiatives and lobbying.

05-03-2007

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McDermott Will & Emery

Employee Benefits Partner Joins Boston Office
The Boston office of McDermott Will & Emery is pleased to welcome Renata Jasiul Ferrari as a partner in Firm's Employee Benefits Department.

Ms. Ferrari concentrates her practice on all aspects of executive compensation, including equity-based incentives; employment, severance and retention agreements; and nonqualified deferred compensation. She advises on executive compensation and employee benefits issues arising in the context of mergers and acquisition transactions, joint ventures and initial public offerings. Ms. Ferrari also advises public companies on SEC compliance and disclosure-related matters.

Ms. Ferrari earned her J.D. cum laude from Harvard Law School and her A.B. cum laude from Harvard College. She is admitted to practice in both Massachusetts and New York.

"Renata is an outstanding addition to our department and particularly our executive compensation practice. Renata is one of the rare practitioners who seamlessly covers benefits, tax and securities matters related to executive compensation," commented Andrew C. Liazos, head of the Firm's executive compensation practice.

"We are delighted that Renata chose to join us," commented Susan Cooke, head of the Firm's Boston office. "She is a perfect fit with our team and will quickly become a valuable member of our office."

The Firm’s Boston office opened in 1981. It has more than 80 lawyers practicing in the areas of corporate and securities, employee benefits, energy services, environmental, estate planning, health law, intellectual property, international, labor and employment, litigation/dispute resolution, real estate, telecom and tax.

McDermott Will & Emery is a pioneer in the field of employee benefits. The Firm has been advising clients on a variety of employee benefits and executive compensation matters for more than 50 years and has the capacity to help clients work through complex problems with a level of employee benefits and international experience not found at most law firms. McDermott Will & Emery represents more than 38 Fortune 500 companies and 10 Fortune 100 companies in employee benefits matters on a regular basis. Many of the Firm's clients are service providers for employee benefit plans maintained by other employers (including trustees, record-keepers and insurers).

05-03-2007

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Stradley Ronon Stevens & Young, LLP

Banks Receives Cecil B. Moore Community Service Award
Stradley Ronon partner Danielle Banks recently received the Cecil B. Moore Community Service Award at the 38th Annual Temple University Beasley School of Law Black Law Students Association Banquet. Banks was selected as a Temple alumna whose service in the legal profession and the community exemplifies the legacy of Cecil B. Moore, Esq. – a Philadelphia lawyer and activist during the U.S. civil rights movement in the 1960s who fought on behalf of his mostly poor, African-American clients.

As a partner in Stradley Ronon’s litigation practice group, Banks represents clients in employment and commercial litigation matters. In addition to her commercial practice, Banks also represents the underprivileged and underrepresented in cases that impact the community. Banks has been involved in several high profile and precedent-setting civil rights cases including successfully representing Ramona Africa in the MOVE case and representing African-American and learning disabled student-athletes in suits against the NCAA.

Banks graduated from Temple University Beasley School of Law and also received her bachelor’s degree from Temple University. In 2005, she received the Temple University Beasley School of Law “Alumni Association’s Len Barrack ’68 Alumni Achievement Award.”

05-02-2007

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