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Dennis White was quoted by Mergers and Acquisitions: The Dealmakers Journal (February 1) concerning the findings of the 2009 year-end M&A dealmakers survey conducted by the Association for Corporate Growth (which Mr. White chairs). “Dealmaking continues to be caught in the doldrums, with limited activity outside of distressed sales and select strategic investments,” Mr. White said, “but the fact that merger professionals express heightened optimism about 2010 [in the ACG survey] is a hopeful sign that a freshening wind will arise.”
Dennis J. White , Corporate , Mergers & Acquisitions
Michael Peregrine was quoted in a January 18 Modern Healthcare article about a not-for-profit health system’s purchase of a stake in a health and wellness company whose CEO had sat on the health system’s board but resigned after the board voted to make the purchase. While not commenting on the transaction directly, Mr. Peregrine noted that not-for-profits must adhere strictly to conflict of interest policies in transactions involving board members’ companies, and that such transactions face greater scrutiny “regardless of whether it’s a ‘good deal’ or not.” He added that scrutiny by regulators and credit analysts is focusing on sophisticated private equity transactions by not-for-profit hospitals (such as in this case), because of doubts that the hospitals’ boards and executives have the ability to manage these investments.
Michael W. Peregrine , Conflicts of Interest - Health , Corporate Responsibility and Governance , Health , Nonprofit Organizations
James Lastowka provided Q&A responses in a January 2010 Clement Communications Special Report on David Michaels, the new head of the Occupational Safety and Health Administration (OSHA). Citing references to Michaels as "a new sheriff in town," Mr. Lastowka observed that "sheriffs enforce the law and that is what OSHA will be doing, in part to make up for what it sees as eight years of lax OSHA enforcement by the Bush Administration. They will be hiring more inspectors, conducting more inspections, characterizing more of the citations as serious, ... and substantially increasing the size of proposed penalties." Mr. Lastowka warned employers that "the only way to avoid OSHA fines is to understand and comply with OSHA requirements. If you are not in compliance and you are inspected, citations and fines will be issued." Click here to view the full article.
James A. Lastowka , Labor & Employment , OSHA, MSHA & Catastrophe Response
Abbe Lowell was quoted by the Biloxi Sun Herald on January 26, as he urged an appeals court to grant a rehearing and reversal for a former Biloxi attorney convicted on the charge of honest services fraud in a judicial bribery case. Mr. Lowell, who represents the attorney, charged that the conviction was based on improper jury instructions regarding the definition of honest services fraud. “The instructions transformed protected First Amendment contributions made to influence elected officials to follow their judgment, rather than betray it, into a crime,” Mr. Lowell declared. “That is constitutional error of the greatest magnitude, which requires the honest services convictions be reversed …”
Michael Kendall was recognized by Law360 in a January 26 story about the 2010 BTI Client Service All-Stars, a list of 165 lawyers cited by corporate clients for superior client service in a poll conducted by BTI Consulting Group, Inc. Mr. Kendall was one of just four securities lawyers included in 22 honorees given special recognition as Client Service MVPs for multiple appearances on the list. Concerning his multiple selections, Mr. Kendall said of his client service approach that a good securities lawyer must “deal with a problem with the same urgency the client itself would deal with the same problem.”
Michael Kendall , Trial , White-Collar Criminal Defense
