Media Mentions
2012
“European Moves Round-Up”
The Lawyer, February 9, 2012
Jacob Grierson’s move to McDermott to become partner in the Firm’s Arbitration Practice was noted. Mr. Grierson will divide his time between the London and Paris offices.
“McDermott Gains FCPA, Fraud Trial Pro from DOJ”
Law360, February 8, 2012
Jennifer Taylor cited the facts that “there are a lot of former prosecutors” at McDermott and “the white collar practice is first-rate,” as key reasons for her decision to join the Firm’s White-Collar and Securities Defense Practice in Washington. Ms. Taylor, who joined the Firm from the U.S. Department of Justice, will focus on trial work in securities and Foreign Corrupt Practices Act cases.
Jennifer R. Taylor, Foreign Corrupt Practices Act (FCPA) and International Anticorruption, White-Collar & Securities Defense
“Ex-DOJ Fraud Section Prosecutor Joins McDermott Will & Emery”
Main Justice, February 8, 2012
Jennifer Taylor was noted as a new partner joining McDermott’s White-Collar and Securities Defense team after serving as a Fraud Section prosecutor with the Justice Department.
Jennifer R. Taylor, Foreign Corrupt Practices Act (FCPA) and International Anticorruption, White-Collar & Securities Defense
“McDermott Adds Former DOJ Official to White Collar Practice”
Blog of Legal Times, February 8, 2012
Jennifer Taylor called her move to McDermott’s White-Collar and Securities Defense group in Washington “a good fit” with her practice. Ms. Taylor had spent seven years as a prosecutor with the Justice Department’s Criminal Division. Paul Thompson, citing the recent addition of several lawyers to the Washington office, said the firm had been “extraordinarily active” and had “a need to recruit top talent.” Bobby Burchfield added that the firm has been using strategic laterals to boost its white-collar, FCPA, securities and health care practices.
Jennifer R. Taylor, Foreign Corrupt Practices Act (FCPA) and International Anticorruption, White-Collar & Securities Defense
“PE’s Healing Touch Faces Test in Hospital Buys”
Law360, February 8, 2012
Ira Coleman discussed reasons why not-for-profit hospitals are turning more to private equity investors. He cited the “proverbial perfect storm” of capital demands increasing dramatically "at the same time reimbursement is decreasing." Mr. Coleman added that, “the regulatory regime is so draconian, a minor slip has major consequences that can easily derail a health care venture.”
“McDermott Hires Former U.S. Attorney for Expanding White-Collar Practice”
Bloomberg Businessweek, February 8, 2012
Jennifer Taylor has joined McDermott’s Washington office as a partner in the White-Collar and Securities Defense Practice. Ms. Taylor was formerly a prosecutor in the Fraud Section of the Justice Department’s Criminal Division, handling securities, bank and procurement fraud and investigations under the Foreign Corrupt Practices Act.
Jennifer R. Taylor, Foreign Corrupt Practices Act (FCPA) and International Anticorruption, White-Collar & Securities Defense
“ProMedica Pitches Alternative to Divestiture”
The Deal Pipeline, February 7, 2012
David Marx Jr. argued before the Federal Trade Commission that allowing St. Luke’s, an Ohio hospital acquired by ProMedica, to operate as a separate, firewalled ProMedica unit was a better solution than forcing the hospital’s divestiture. “ProMedica is committed to operating St. Luke’s,” Mr. Marx declared. He also challenged the FTC’s Administrative Law Judge's basis for his prior rejection of the acquisition, saying, “This case is not a unilateral effects case” involving market power to raise prices, as the FTC's staff contended.
David Marx Jr., Antitrust & Competition
“Carryover Basis Returns Were Time-Consuming, Frustrating for Practitioners”
Tax Notes Today, February 7, 2012
Amy Heller expressed surprise that the IRS would request comments on an estate tax carryover election form after its filing deadline, especially since the form is not required in future years. “I suppose it’s possible that a practitioner who had difficulties completing [the form] would take the time to make suggestions,” she said. “But I doubt that serious effort will be put into preparing comments just in case that carryover basis returns.”
“IRS Broadly Describes Tax Exemption Requirements for Health Care Co-Ops”
BNA Health Care Daily Report, February 7, 2012
Michael Fine said that, in offering its first tax guidance on health insurance cooperatives under health care reform, the IRS decision to allow the Centers for Medicare and Medicaid Services to evaluate co-op qualification involves “letting some of the other federal agencies lead here and then relying on those federal agencies to establish the rules that are really driving the show.” Nevertheless, Mr. Fine added, for the IRS to clarify how qualifying co-ops can apply for tax exemption “is what we are waiting for.”
“Executive Order Freezes Iranian Assets, Makes Delegation to Departments for NDAA”
BNA International Trade Daily, February 7, 2012
David Levine explained that, while “for U.S. persons, virtually all unlicensed transactions with Iran were prohibited already,” a new Presidential order blocking or freezing Iranian financial assets “is a new obligation imposed on any U.S. person – including all U.S. banks – relating to any property or interests of the government of Iran or any Iranian bank or any party they control, that is owned 50 percent or more.”
David J. Levine, International Trade
“Fox, Others Win Toss of ‘American Idol’ Idea Theft Suit”
Law360, February 6, 2012
Stephen Riccardulli and Monica Asher were among the co-counsel successfully defending producers of “American Idol” and three other reality shows against claims of idea theft by an individual plaintiff. A New York federal judge called the plaintiff’s claims “unsupported by factual assertions.”
Monica Asher, Stephen J. Riccardulli, Trial
“The Transfer Window”
Legal Week, February 6, 2012
Tom Scott was noted as new head of the Tax Practice in McDermott’s London office. Mr. Scott previously was a senior tax partner at KPMG and practiced at a Magic Circle firm. He is the office’s second new tax partner this year.
Tom Scott, International Tax, Tax
“Promedica Begs FTC not to Make It Divest Ohio Hospital”
Law360, February 6, 2012
David Marx Jr. said in oral arguments before the FTC that the agency's staff had not met its burden of showing a Clayton Act violation resulting from ProMedica’s acquisition of an Ohio hospital based on concerns over potential anticompetitive pricing. “Patients don’t select hospitals on prices,” Mr. Marx asserted. “They don’t have access to that information.” In addition to Mr. Marx, ProMedica is represented by Stephen Wu, Amy Carletti, Erin Arnold, Jennifer Westbrook, Christine Devlin, Carrie Amezcua, Daniel Powers and James Camden.
Carrie G. Amezcua, Erin Arnold, James Buchanan Camden, Amy J. Carletti, Christine G. Devlin, David Marx Jr., Daniel Powers, Jennifer L. Westbrook, Stephen Wu, Antitrust & Competition, Trial
“What Is a Frequent Flier Mile Worth?”
Tax Notes Today, February 6, 2012
Ira Mirsky, noting the lack of IRS guidance on the tax treatment of banks awarding frequent flier as promotions, gave his preference for a bright-line valuation rule that would borrow from current approaches to determining the fair market value (FMV) of such taxable noncash fringe benefits as employer-provided cars. Because the IRS requires taxpayers to include the FMV of these mileage awards in gross income for the year they were received, Mr. Mirsky suggested that banks offering the miles as a premium might “reconsider whether miles are a good reward in this context.”
Ira B. Mirsky, Employee Benefits
“Movers and Shakers”
The Deal Pipeline, February 3, 2012
Jacob Grierson was noted as a new partner in McDermott’s International Arbitration group. Mr. Grierson will practice out of both the Firm’s London and Paris offices.
“FTC Won’t Get Monitor for ProMedica Hospital Operations”
Law360, February 3, 2012
Stephen Wu said he was pleased with a federal judge’s rejection of a Federal Trade Commission request for a monitor to assure that McDermott client ProMedica Health System complies with an FTC Administrative Law Judge's ruling on a proposed hospital merger while the Administrative Law Judge's ruling is being appealed to the FTC. David Marx Jr., Amy Carletti, Jennifer Westbrook and Erin Arnold also are co-counsel for ProMedica.
Erin Arnold, Amy J. Carletti, David Marx Jr., Jennifer L. Westbrook, Stephen Wu, Antitrust & Competition, Trial
“Chancellor Leo Strine Tackles Confis”
The Deal, February 3, 2012
Raymond Jacobsen Jr. was mentioned as antitrust counsel to Martin Marietta in its proposed takeover of Vulcan Materials, in which terms of the confidentiality agreements (“confis”) that the companies signed are now the subject of litigation in Delaware Chancery Court.
Raymond A. Jacobsen Jr., Antitrust & Competition
“Treasury Makes Retirement Savings Push as Guidance Aims to Reduce Regulatory Burdens”
Tax Notes Today, February 3, 2012
Brian Benko singled out new regulations on retirement savings from the Treasury Department and the IRS as being linked by a common purpose of promoting guaranteed income streams throughout an employee’s retirement, through new options that are not intended to create administrative burdens for employers and plan sponsors.
Brian A. Benko, Employee Benefits
“Eye Toward Patient Safety, Labor-Savings Fuels Growth”
Boston Business Journal, February 3, 2012
Stephen Bernstein said that medical device makers have “huge opportunities … to enhance and grow technologies” in the field of medical automation, because “the need for speed and reduced expense is growing ever more important.”
Stephen W. Bernstein, Health, Life Sciences - Medical Products & Technology
“FERC Likely to Rule Soon on Duke-Progress Rehearing”
The Deal Pipeline, February 3, 2012
Jeffrey (Dan) Watkiss stated that the Federal Energy Regulatory Commission will likely take into account the time sensitivity of a request by Duke Energy and Progress Energy to rehear a ruling that has stalled their $13.7 billion merger, and is not likely to let a decision linger.
Jeffrey D. Watkiss, Energy Advisory
“Brain Drain: Protecting Your Organisation’s IP”
CIO, February 3, 2012
Mark Itri recalled an incident where, when he was on a plane going to visit a major aircraft manufacturer, he overheard a conversation about new jet engines between company employees who “were talking really loud. Everyone could hear. All over the [engine] schematics were the words ‘confidential and proprietary.’” When Mr. Itri arrived at the manufacturer he repeated what had happened and stated, “This is how you lose your trade secrets.”
Mark J. Itri, Intellectual Property, Patent Prosecution
“DOJ, McDermott Call Quits on Hospital Merger FOIA Suit”
Law360, February 3, 2012
Jeffrey Brennan represented McDermott in reaching a joint stipulation of dismissal with the Department of Justice over the Firm’s Freedom of Information Act request in connection with an antitrust investigation of a proposed merger between two Illinois hospital systems.
Jeffrey W. Brennan, Antitrust & Competition, Health - M&A
“Farm Bill Process Kicks Off in Mid-February”
The Packer, February 2, 2012
Kam Quarles discussed initial Congressional action to renew the 2008 Farm Bill, which expires in September. Mr. Quarles said it would be challenging for Congress to reach agreement on renewal in an election year, but added that it would be best to do so before the scheduled start of automatic budget cuts in 2013. “Every year as you walk out you are dealing with fewer dollars,” he noted.
W. Kam Quarles, Federal Legislative Matters, Government Strategies
“Condoms to Sunscreen Bought in $30 Billion McKesson Contract”
Bloomberg News, February 2, 2012
Stephen Ryan said that government agency purchases of items from a vendor that are not covered by the vendor’s contract can raise “a hint that maybe this is a favoritism issue, maybe it’s more than inadvertence and modest incompetence.” In such instances, Mr. Ryan added, the purchases may increase the costs for taxpayers and reduce opportunities for other vendors.
Stephen M. Ryan, Government Strategies
“Get Ready for FCPA Enforcement to Target R&D, Trials, Experts Say”
Clinical Trials Advisor, February 2, 2012
Glenn Engelmann noted that drug makers must better understand the distinct corruption risks in R&D departments, which typically are more open and collaborative than commercial departments. Such risks have increased in light of the Justice Department’s increased emphasis on sales and marketing activities in enforcing the Foreign Corrupt Practices Act.
Glenn Engelmann, Foreign Corrupt Practices Act (FCPA) and International Anticorruption, Health
“Use of Accounting Firm’s Advice as Penalty Defense Waives Work Product Protection”
Federal Tax Weekly, February 2, 2012
Robin Greenhouse said that a recent Court of Federal Claims decision ordering disclosure of work papers on an alleged tax shelter showed that “work product protection is waived by putting the tax advisor’s advice at issue for penalty protection.” She cautioned that taxpayers “should think carefully and strategically about whether and when – during the audit, appeals or litigation – to put the tax advisor at issue.”
Robin L. Greenhouse, International Tax, Tax
“McDermott 2011 Performance in The Am Law 100, the Early Numbers”
The AmLaw Daily, February 2, 2012
McDermott recorded a 4.7 percent increase in gross revenue last year, to $825.5 million. At the same time, the firm's revenue per lawyer climbed 3 percent to $840,000, while profits per equity partner inched up 2.7 percent to $1.5 million. McDermott co-chair Jeffrey Stone said that 2011 was a particularly good year for IP, litigation, healthcare, energy and private client work. McDermott's corporate department also exceeded budget targets. "Last year was a very good one for the firm," said McDermott co-chair Peter Sacripanti. "We hit all our objectives and saw growth in all the major indices of law firm performance. We improved revenue, profit and productivity."
Peter John Sacripanti, Jeffrey E. Stone, Trial, White-Collar & Securities Defense
“Corporate Counsel Honor Favorite Litigators”
Law360, February 1, 2012
Michael Kendall was named as one of 57 litigators nationwide selected as “Client Service All-Stars” in a survey of corporate counsel conducted by BTI Consulting.
Michael Kendall, White-Collar & Securities Defense
“French Connections”
American Lawyer “Focus Europe,” Winter 2012
Jacques Buhart assessed the French legal services market as being “very divided,” explaining that “this market fragmentation and the limited size of the key players continue to provide excellent opportunities for firms wishing to enter the market or improve their position.” Lionel Lesur agreed that France is “one of the most attractive marketplaces in Europe” for law firms, calling it a “bee hive of opportunities for international law firms, particularly Paris, where 40% of these lawyers are situated and where three quarters of the turnover generated by legal services is made.”
Jacques Buhart, Lionel Lesur, Corporate
“GCs Name A-Listers for Client Service”
Law360, February 1, 2012
Michael Kendall was for the fourth year named a BTI Consulting “Client Service MVP” as one of the country’s top 30 corporate litigators in a survey of Fortune 1000 general counsel. Mr. Kendall attributed his recognition to his commitment for “looking at things through a client’s perspective and getting the best result,” as well as to being “intimately involved with the case… Nothing replaces talking to the witnesses yourself, and reading the documents yourself.”
Michael Kendall, White-Collar & Securities Defense
“McDermott Gains Foothold in Paris”
Global Arbitration Review, February 1, 2012
Jacob Grierson has joined McDermott’s Paris office as a partner, giving the Firm its first arbitration presence there. Mr. Grierson, an English barrister who has practiced in Paris for more than a decade and who is experienced in ICC arbitration proceedings, said he “made the move to be part of the exciting project of building a Paris office with a group of dynamic people who share the same vision as to how a law firm should operate,” adding that he considers McDermott to be “a first-rate litigation firm.”
“Andrea Kramer: Promoting Gender Equality”
Chicago Lawyer, February 1, 2012
Andrea Kramer was profiled for her significant efforts to promote gender equality in the legal profession. Since joining McDermott as a partner, Ms. Kramer helped establish the Firm’s Diversity Committee and McDermott University mentoring program as well as the Women’s Leadership & Mentoring Alliance, and chairs the Chicago Foundation for Women. “I believe that women can help themselves, and I think men have a lot to learn as well about what they can do to do a better job of understanding the communication differences,” she stated. Jeffrey Stone called Ms. Kramer “a thought leader and innovator” in gender equality issues, while Carolyn Gleason said of Ms. Kramer, “I’ve been inspired as I’ve watched her.”
Carolyn B. Gleason, Andrea S. Kramer, Jeffrey E. Stone, International Tax, International Trade, Tax, White-Collar & Securities Defense
“Firm Life”
Chicago Lawyer, February 1, 2012
Erin Arnold, Kevin Miller, Brett Johnson and Maureen O’Brien, Amol Parikh and Adam Sherman were cited as the six McDermott Chicago office lawyers among 29 recently named to the Firm’s partnership.
Erin Arnold, Brett R. Johnson, Kevin L. Miller, Maureen O'Brien, Amol Parikh, Adam Sherman, Airport & Aviation, Employee Benefits, Health, Intellectual Property, IP Litigation, Private Client, Trial
“GCs Laud Securities, M&A Attys. with Top Client Skills”
Law360, February 1, 2012
Paul Lawrence and Michael Peregrine were among 84 securities, M&A and transactional lawyers throughout the country recognized as “Client Service All-Stars” by BTI Consulting. The recognition reflected a survey of corporate in-house counsel who singled out the lawyers for superior client focus, business understanding, value, legal skills and results.
Paul F. Lawrence, Michael W. Peregrine, Health
“Building Connections on the Care Continuum”
Health Data Management, February 2012
Bernadette Broccolo said that many state privacy laws will make it difficult for accountable care organizations (ACOs) to share electronic health records and other patient information. “A key to the ACO will be the ability to aggregate, share and analyze data,” Ms. Broccolo stated. “The legal and I.T. issues are intertwined. The legal requirements are complex.”
Bernadette M. Broccolo, Accountable Care Organization Resource Center, Health
“The Churn: Lateral Moves and Promotions in the AmLaw 200”
The AmLaw Daily, January 31, 2012
Dwight Mersereau was noted for joining McDermott as a Washington office tax law partner representing corporate clients in tax policy, planning and controversies. Formerly with another large Washington firm, Mr. Messereau has also worked at the Internal Revenue Service.
Dwight N. Mersereau, International Tax, Tax
“Bankers Bullish on Tech M&A for 2012”
TheStreet, January 31, 2012
John Tamisiea expressed the belief that mergers and acquisitions among technology companies, particularly those involved in mobile telecom, could increase due to patent considerations. “Companies are trying to acquire as much intellectual property as they can from a defensive standpoint,” Mr. Tamisiea said.
“R&D, Trials to See More FCPA Enforcement, Experts Say”
Washington Drug Letter, January 30, 2012
Glenn Engelmann cautioned that, while research and development departments of drug companies typically view compliance with anti-corruption statutes like FCPA as a marketing concern, companies need to train their scientists to beware of ethical conflicts when engaging with academic, industry or healthcare peers – especially if those peers work at facilities that are government controlled.
Glenn Engelmann, Foreign Corrupt Practices Act (FCPA) and International Anticorruption, Health
“Coventry Rips Sanctions Bid in OSF Hospital Merger Fight”
Law360, January 30, 2012
David Marx, William Schuman and Amy Carletti were noted as representing Rockford Health System in its proposed merger with OSF Healthcare System, a transaction now being contested by the Federal Trade Commission in federal court and in FTC administrative proceedings.
Amy J. Carletti, David Marx Jr., William P. Schuman PC, Antitrust & Competition, Trial
“Back in Action”
Modern Healthcare, January 30, 2012
David Hanselman said it was surprising that a federal appeals court revived class-action litigation in a 12-year old Chicago-area hospital merger. Mr. Hanselman, who was not involved in the case, said that the Seventh Circuit “still held that a plaintiff seeking class certification needs to prove antitrust impact across the class. But it [also] held that the methodology employed by the plaintiffs’ expert was potentially capable of doing so.”
David L. Hanselman Jr., Antitrust & Competition
“Professional Recognition: Dwight Mersereau”
Washington Business Journal, January 30, 2012
Dwight Mersereau joined McDermott’s Washington office as a partner in the U.S. and International Tax Practice. A prominent Washington tax practitioner who is often consulted on complex tax accounting issues by policy makers, Mr. Mersereau has represented individuals, associations and client coalitions before Congress, the U.S. Treasury, and the IRS.
Dwight N. Mersereau, International Tax, Tax
“Obama Targets Financial Fraud with Special Unit”
Investment News, January 29, 2012
Steven Scholes said that although a new financial crimes unit announced by President Obama has a “significant aspect” that is political and “designed to give the impression of being tough on Wall Street,” it is true that U.S. attorneys currently “lack the personnel to conduct a timely, thorough, efficient investigation of highly complex financial transactions and securitizations.”
Steven S. Scholes, White-Collar & Securities Defense
“People in Business”
Houston Chronicle, January 27, 2012
Brad Gathright’s promotion to partner in McDermott’s Houston office was noted. Mr. Gathright advises energy industry clients on project development, finance and general corporate matters.
Brad Gathright, Energy Advisory
“Hearing on Chinese Quest for Resources Raises Prospect of WTO Rare Earths Case”
Bloomberg BNA Snapshot, January 27, 2012
Carolyn Gleason predicted that a forthcoming World Trade Organization Appellate Body decision in China’s appeal of a negative ruling on its raw materials export duties and quotas “will help governments assess the viability of a case against China’s rare earth mineral [export] practices.” Ms. Gleason said treatment of “the GATT Article XX(g) exception relating to the conservation of exhaustible natural resources” will be crucial in the forthcoming WTO decision.
Carolyn B. Gleason, International Trade
“IPO Outlook in 2012”
Thomson Reuters Legal Current, January 27, 2012
Thomas Murphy commented in this podcast interview on the weak IPO market during the second half of 2011, when stocks overall were quite volatile. “A down market generally hits IPOs as much or more than anything in the market,” he noted. “A lot of companies would go public if they could. I think it’s less a question of companies exercising caution and more a question of investors exercising caution.” For IPOs in 2012 Mr. Murphy predicted: “I don’t think we’re going to see a great start … but by time the year is over it will be somewhat better.”
“Porn Site Disputes Are Litmus Test”
The Daily Journal, January 26, 2012
Lynne Boisineau questioned efforts to streamline the method for resolving disputes over unauthorized attempts to apply legitimate company or personal names to .xxx adult websites. Ms. Boisineau stated that panel decisions reached by the current process “go through all the evidence and explain why it comes out that way. The opinions are very helpful tools when you’re later drafting a complaint, because you can see what’s important to the panel.” She added that the decisions can also be used by winners to head off similar problems, “so other people can clearly see why they’re going to lose.”
Lynne Boisineau, Intellectual Property, Patent Prosecution
“Power Circuit: The Revolving Door Continues to Spin”
Washingtonian, January 25, 2012
Warren Rosborough was noted for his return to McDermott (he was an associate from 2004 to 2007) as an Antitrust & Competition partner after four years at the Justice Department.
Warren Rosborough, Antitrust & Competition
“Court of Appeal Dismisses William Hill’s 32Red Appeal”
The Lawyer.com, January 25, 2012
Hiroshi Sheraton was noted for his role in the successful Appeal Court defense of a High Court infringement ruling that involved an online gambling website.
Hiroshi Sheraton, Intellectual Property, IP Litigation
“Work Product Privilege Waived for Penalty Defense Documents, Court Holds”
Tax Notes Today, January 24, 2012
Robin Greenhouse said a Court of Federal Claims decision that a taxpayer waived work product privilege for tax reserve workpapers by claiming reliance on independent audit advice to avoid penalties “highlights the harsh consequences that can result when the financial auditor is also the taxpayer’s tax adviser.” Ms. Greenhouse added, however, that “in allowing the parties to reach agreement over the characterization of documents as privileged without causing waiver of any applicable privilege, the court offers a potentially effective process for future privilege litigation.”
Robin L. Greenhouse, International Tax, Tax
“Lobbying World”
The Hill, January 24, 2012
Warren Rosborough was noted as a new partner in McDermott’s Antitrust & Competition Practice Group, rejoining the Firm after working as a trial lawyer in the Justice Department Antitrust Division.
Warren Rosborough, Antitrust & Competition
“Louboutin Presses 2nd Circ. to Reverse Red Sole Mark Ruling”
Law360, January 24, 2012
Robert Zelnick, commenting on a high-profile effort by French fashion goods maker Louboutin to seek trademark protection for its use of red as shoe sole color, said that the company has “created a new mouse trap … by making the sole of a shoe such an enormous source identifier.” However, Mr. Zelnick added, getting trademark exclusivity for a color may be difficult because “there are concerns about color depletion. There are only so many primary colors.”
Robert W. Zelnick, Intellectual Property, IP Litigation
“Kappos Guides PTO As It Revs Up for New Law”
National Law Journal, January 23, 2012
Leigh Martinson praised Patent & Trademark Office director David Kappos as “doing a fantastic job,” adding of Mr. Kappos that “his communication has been clear, concise and on-point.”
Leigh J. Martinson, Intellectual Property, IP Litigation
“Breaking Up is Hard: Euro Divergence Tax Consequences”
Tax Notes Today, January 23, 2012
Robert Dilworth warned that, if countries pull out of the Euro and revert back to their local currency, for tax purposes “there’s a greater possibility of much more variability in estimating the currency value in a divergence scenario” because “there’s no guarantee” of fixed exchange rates with local currency. “This isn’t an issue you can plan around,” Mr. Dilworth cautioned, because the result will hinge on “U.S. tax deeming conventions that were designed for occurrences in a more orderly world.”
Robert H. Dilworth, International Tax, Tax
“Inventor of Method for Making Compound Is Joint Inventor of Compound’s Patent Claim, Federal Circuit Rules”
National Law Journal, January 23, 2012
Paul Devinsky warned that a Federal Circuit decision finding the inventor of a process to synthesize a compound to be co-inventor of the compound itself means that patent applicants should be wary of over-broad claims that avoid prior art. If a patent genus (class) is innovative, Mr. Devinsky said, “You have to look to people who either devised a method of making the genus, [or] developed compounds that fall within the genus because they are inventors.”
Paul Devinsky, Intellectual Property, IP Litigation
“510(k) Guidance Footnote May Signal Greater FDA Oversight of Preclinical Testing”
The Gray Sheet, January 23, 2012
James Cohen pointed out that that a footnote in a new FDA draft guidance contains “the suggestion” that all nonclinical laboratory studies for medical device safety include a statement of compliance with the agency’s Good Laboratory Practices, which “is not now contained” in the 501(k) regulation.
“McDermott Moves to Jamboree”
Orange County Business Journal, January 23, 2012
Fay Morisseau called the move of McDermott’s Orange County, CA office to larger quarters “a sign of very significant growth in our client demands.” The office during the past 12 months has had the biggest increase in attorneys of any Orange County law firm, with a particularly strong intellectual property performance. “We’re happy to be moving into much bigger quarters,” said Mr. Morisseau. “We have grown out of the (prior) office."
Fay Morisseau, Intellectual Property, IP Litigation
“D.C. Moves: McDermott Will & Emery”
National Law Journal, January 23, 2012
Warren Rosborough’s return to the Firm as an Antitrust & Competition Practice Group partner after serving with the Department of Justice Antitrust Division was noted.
Warren Rosborough, Antitrust & Competition
“Justice Department Lawyer Returns to McDermott”
Washington Post, January 22, 2012
Warren Rosborough, who practiced in antitrust law with McDermott from 2004 to 2007 before joining the Justice Department’s Antitrust Division, has rejoined the Firm as a partner in the Washington office Antitrust & Competition Group.
Warren Rosborough, Antitrust & Competition
“AHA Wants Medicare Measures Tied to Payroll Tax-Cut Legislation”
Modern Healthcare, January 22, 2012
Eric Zimmerman said that if Congress does not renew two programs that benefit Medicare-dependent hospitals and low-volume hospitals, the Medicare reimbursements for these generally smaller health care providers “could be pretty severely affected.”
Eric Zimmerman, Health, Health Care Law Reform
“Judge Rejects $13.6 Million Deduction for Trust Formed to Pay Tax Liability”
Bloomberg BNA Daily Tax Report, January 20, 2012
Bobby Burchfield, Elizabeth Erickson, Jean Pawlow, Justin Holmes and Kevin Spencer were noted as co-counsel in litigation over a corporation’s claimed interest expense deduction for a trust formed to make payments on a subsidiary’s contested tax liability.
Bobby R. Burchfield, Elizabeth Erickson, Justin M. Holmes, Jean A. Pawlow, Kevin Spencer, International Tax, Tax, Trial
“Hospital Wage Index Formula Fix Delayed”
PoliticoPro, January 20, 2012
Eric Zimmerman, calling revision of Medicare’s index of hospital labor cost differences a “thorny problem without easy solutions,” noted that a reimbursement increase from the budget-neutral index for hospitals in high wage areas means “some of the hospitals win but many of the hospitals also lose.” He added that if Congress does not approve some financial help for the losers, “there are going to be a lot of disgruntled hospitals.”
Eric Zimmerman, Health, Health Care Law Reform
“The Churn: Lateral Moves and Promotions in the AmLaw 200”
The AmLaw Daily, January 20, 2012
Warren Rosborough will emphasize his antitrust experience in the defense and aerospace, media, oilfield services equipment and high-tech industries in rejoining McDermott as an Antitrust & Competition Group partner after serving as a trial lawyer at the Justice Department Antitrust Division.
Warren Rosborough, Antitrust & Competition
“High Court Applebee’s Ruling Could Hike Payroll Costs”
CFO.com, January 19, 2012
Linda Doyle commented on the U.S. Supreme Court’s refusal to reconsider an Eighth Circuit ruling on tipping. In effect, the Supreme Court upheld a lower court ruling that workers who regularly receive tips should be paid full minimum wage under certain conditions. "The Court’s denial means that the 8th Circuit Court decision stands, and the case will go to trial," said Ms. Doyle. "No matter what the final outcome of the suit, the decision to uphold the rule will set a precedent in the 8th Circuit," she added.
Linda M. Doyle, Employee Benefits
“Movers & Shakers”
The Deal Pipeline, January 19, 2012
Warren Rosborough and Mary Samsa were noted as new partners joining McDermott. Mr. Rosborough, formerly a trial lawyer in the Justice Department Antitrust Division, focuses on antitrust and compliance matters in the Washington office. Ms. Samsa is a member of the Health Advisory Practice in the Chicago office, and most recently was a shareholder at other major law firms.
Warren Rosborough, Mary K. Samsa, Antitrust & Competition, Health
“Swaps Traders Fret Over Lack of SEF Rules”
Financial News, January 19, 2012
Jeffrey (Dan) Watkiss said that because registration of commodity swap execution facilities (SEFs) “has not been fully worked out” by the Commodity Futures Trading Commission, “the current registration process would mean that the first SEFs out of the gate will achieve market share faster than those who come later.”
Jeffrey D. Watkiss, Energy Advisory
“Rosborough Joins McDermott from DoJ”
Global Competition Review, January 19, 2012
Warren Rosborough emphasized the benefits that his four years as a trial lawyer at the Justice Department’s Antitrust Division will bring as he joins McDermott’s Antitrust & Competition Practice Group. “Focusing on merger investigations, I had the opportunity to understand how reviews are conducted from an insider’s perspective,” Mr. Rosborough explained. “It greatly improved my knowledge of the process, and of what kind of arguments we can bring before the DoJ for our clients.”
Warren Rosborough, Antitrust & Competition
“Former DOJ Official Rejoins McDermott in Washington”
Blog of Legal Times, January 18, 2012
Warren Rosborough stated that joining McDermott as a partner in the Firm's Antitrust and Compliance Practice Group “will be a good chance to provide both merger and litigation counsel” to clients in such industries as defense and aerospace, media, oil services equipment and high tech. Mr. Rosborough will focus on civil antitrust, including mergers and government investigations, and most recently was a trial attorney with the Antitrust Division of the Department of Justice. He began his legal career as an associate at McDermott.
Warren Rosborough, Antitrust & Competition
“McDermott Brings DOJ Trial Lawyer Back to DC Office”
Law360, January 18, 2012
Warren Rosborough, who most recently was a trial lawyer at the Justice Department’s Antitrust Division, stated upon joining McDermott as a partner: “I've spent four years investigating mergers, so I felt like there was a real chance for me to use that experience to counsel McDermott's clients on their merger activities, as well as a chance to do more litigation.” Mr. Rosborough, who had been at the Firm three years before joining the government, noted that “McDermott has some of the best antitrust lawyers in Washington” and called it “one firm that can handle [client] issues across the globe.”
Warren Rosborough, Antitrust & Competition
“France Sanctions Tourism Trade Association”
Global Competition Review, January 16, 2012
Lionel Lesur noted that French Competition Agency fines against the country’s tourism association and ten tourism consultancies for price fixing involves monetarily small amounts that are still significant. “If you look at some of the fines in relations to the companies’ sizes, they are actually very high,” Mr. Lesur said. “Three of the companies have been hit with fines of 4-5 percent of their annual turnover,” which is “proportionally higher” than large fines against a bigger company.
“Pushing Aside Sound and Fury on Click-Through Nexus Laws”
Sales & Use Tax Monitor, January 15, 2012
Arthur Rosen asserted that the issue of whether online retailers should be subject to state sales tax is “being driven by [in-state] retailers who believe they are being discriminated against, and by state governments who want more revenue.” Mr. Rosen noted that because advertising from out-of-state does not establish a sales tax nexus while personal selling does, e-commerce firms with websites need to verify “if what they are doing is advertising or really face-to-face sales on behalf of a retailer.”
Arthur R. Rosen, State & Local Tax, Tax
“ALJ Orders ProMedica to Divest St. Luke’s Hospital to Remedy §7 Offense”
Bloomberg BNA Antitrust & Trade Regulation Report, January 13, 2012
Christine Devlin was noted as counsel for respondent ProMedica Health System, Inc. in appealing to the full Federal Trade Commission an FTC administrative law judge’s order that ProMedica divest an Ohio hospital following a consummated merger.
Christine G. Devlin, Antitrust & Competition
“Obama’s Plan to Merge Export Agencies May Weaken USTR”
Law360, January 13, 2012
Carolyn Gleason questioned the Administration’s intent to consolidate a number of smaller government agencies under the Office of US Trade Representative (USTR), saying that “if a lean, smart agency like USTR becomes more bureaucratic, there would be a less responsive, effective advocacy for America’s trading interests.” Ms. Gleason added that USTR would “benefit most from adequate funding to pursue strong enforcement and market opening initiatives.”
Carolyn B. Gleason, International Trade
“Nevada Cancer Institute Sale OK’d”
The Deal Pipeline, January 13, 2012
James Kapp III, Gary Gertler and Esther Chang represented the successful stalking horse bidder in the $18 million bankruptcy sale of Nevada Cancer Institute’s oncology treatment business, which has been approved by federal bankruptcy court in Nevada.
Esther Chang, Gary B. Gertler, James W. Kapp III, Corporate, Health
“Lawmakers Express Bipartisan Concern for USTR Under Proposed Reorganization”
BNA International Trade Reporter, January 13, 2012
Carolyn Gleason endorsed retaining the current structure of the Office of US Trade Representative, saying that “the agency is held in high regard by the U.S. business community in large part because of its Cabinet position, easy accessibility, and proven track record of protecting America’s trade interest around the globe.”
Carolyn B. Gleason, International Trade
“Tips for Handling the Tricky Parts of Solar Projects”
Law360, January 13, 2012
David Schumacher suggested “it’s not always the case” that environmental activists and local governments welcome solar power installations, so developers should “get stakeholders involved in the process early. You’re not going to pull a fast one on these people.” Sergio Pozzerle (EA-HOU) cited another issue, saying that without state incentives for utilities to use renewable power, “it makes more sense for them to buy other types of energy” that cost less. Mr. Pozzerle recommended that solar developers overcome this by demonstrating they are creditworthy and use proven technologies, saying “those are the intangibles that come into play, all else being equal.”
Sergio A. Pozzerle, David Schumacher, Energy Advisory
“Medicare Physician Pay Fix Extension to Dominate Congressional Action in 2012”
BNA Health Law Resource Center, January 13, 2012
Eric Zimmerman said that Medicare spending could again be targeted by Congressional budget reduction efforts. He noted that the failure of the joint committee on deficit reduction could mandate Medicare spending cuts of two percent or more, adding that because the mandated cuts would not take effect until 2013, Congress has time to alter them. Mr. Zimmerman also saw controversy over startup of the Independent Payment Advisory Board, saying “up to this point the IPAB has only been an idea,” but in 2012 “the administrative machinery that will enable the IPAB to operate” must be established, likely with controversy in Congress.
Eric Zimmerman, Health, Health Care Law Reform
“McKesson’s Bid to Revive Pill Dispenser IP Suit Nixed”
Law360, January 12, 2012
Blair Jacobs, Charles Hawkins, Christina Ondrick and Christopher May were noted as co-counsel to McKesson Automation Inc. in seeking to overturn a Delaware federal court’s ruling that a Swiss logistics company had not infringed two McKesson patents.
Charles J. Hawkins, Blair M. Jacobs, Christopher L. May, Christina A. Ondrick, Intellectual Property, IP Litigation
“William Simon: 1912-2011”
Global Competition Review, January 12, 2012
Raymond Jacobsen called the late William Simon, co-founder of Howrey Simon Baker & Murchison, “the best antitrust lawyer in history – he set the standard by which all antitrust lawyers will be judged. Mr. Jacobsen had earlier in his career practiced with Simon and described him as “a joy to work with” and “devoted to clients, his partners and his family.”
Raymond A. Jacobsen Jr., Antitrust & Competition
“E&Y Covering Tax Costs of Domestic Partner Health Benefits Offered Same-Sex Couples”
Bloomberg BNA Daily Tax Report, January 11, 2012
Todd Solomon said that, due to the higher federal tax on health care benefits for domestic partner/same-sex couples, “domestic partner benefits are a completely tax-inefficient way to cover a partner.” Mr. Solomon noted that although employer gross-up policies to cover the higher tax “are not always a make-whole remedy, they could create an incentive for more people to participate in their employer's plan,” adding that “a number of clients” are asking him about instituting such policies.
Todd A. Solomon, Employee Benefits
“How to Get the Latest Tax Break Without Spending a Bundle on Legal Fees”
Forbes, January 11, 2012
Carol Harrington said it “would not be cost-effective” for married couples with small estates to file a Form 706 federal estate tax return when one spouse dies and no tax is owed. Such a form is required to allow the surviving spouse the possibility of claiming a future $5 million estate tax exclusion from the deceased spouse.
Carol A. Harrington, Private Client
Supreme Court Ruling, Exchanges Top Issues for Health Insurers in 2012
Bloomberg BNA Health Insurance Report, January 11, 2012
The rule that HHS will issue in 2012 on the EHB package affects not only ‘‘qualified health plans’’ offered through the state insurance exchanges, but also all ‘‘nongrandfathered’’ individual and small group plans that did not exist before PPACA was enacted, Anne Hance, a partner in the health industry advisory practice group of McDermott Will & Emery LLP, told Bloomberg BNA. ‘‘It becomes a very critical benchmark,’’ Hance said. ‘‘For plans it’s a strategic issue,’’ since some benefits that are not defined as ‘‘essential’’ are popular, and health plans will have to consider what to offer in the context of the rule, she said.
“Wind Energy Dispute Heard in Beijing”
Global Arbitration Review, January 11, 2012
B. Ted Howes said it is not unusual for non-Chinese entities to agree to have a Beijing Arbitration Commission clause in Chinese contracts, even if they would prefer to use arbitral forums in Hong Kong or Singapore, because of concern about mainland Chinese courts reviewing an arbitral award.
B. Ted Howes, International Arbitration, Trial
“Adidas Exits Lodsys’ Product Patent Data Suit”
Law360, January 11, 2012
Michael Shanahan and John Low represented Adidas America Inc. in exiting through settlement a patent infringement lawsuit brought by a patent licensing company against Adidas and a number of other companies.
John C. Low Ph.D., Michael E. Shanahan, Intellectual Property, IP Litigation
“Power Circuit: Promotions Galore”
Washingtonian, January 11, 2012
Jay Eizenstat was noted and pictured as he joined McDermott’s Regulatory Practice Group in Washington, D.C., to focus on international trade matters.
Jay L. Eizenstat, International Trade
“Supreme Court Ruling, Exchanges Top Issues for Health Insurers in 2012”
Bloomberg BNA Health Insurance Report, January 11, 2012
Eric Zimmerman cautioned health care stakeholders, “don’t expect much legislative change” to the Affordable Care Act in 2012 because the political situation in Washington, D.C., remains the same. “House Republicans may continue efforts to pick away at the law, and may approve some measures to repeal or scale back the law,” he said, “but those efforts are not likely to be enacted so long as Democrats control the Senate.”
Eric Zimmerman, Health, Health Care Law Reform
“Remembering a Pair of Pioneers”
National Law Journal, January 9, 2011
Raymond Jacobsen, Jr., reflected on the late Bill Simon, a leader at a major Washington, D.C., firm where Mr. Jacobsen had previously practiced. He said that Mr. Simon was a unique litigator for arguing on behalf of both plaintiffs and defendants before a wide range of courts and forums. “He did it all,” Mr. Jacobsen said. “He was unusual in that he did so many things well, and clients insisted on using him.”
Raymond A. Jacobsen Jr., Antitrust & Competition
“Catholic Health Initiatives Pursues New Deal After Governor Blocks Three-Hospital Merger”
BNA Health Law Resource Center, January 9, 2012
Michael Peregrine assessed the rejection by Kentucky’s Governor and Attorney General (AG) of a state-owned hospital’s participation in a Catholic health system merger by saying that, although there were “a number of credible legal reasons to say ‘no,’” the real impact of the decision goes beyond this transaction. “This just as easily could have involved an AG’s review of a transaction involving any nonprofit hospital,” he noted, meaning “there will be a broader spillover effect.”
“D.C. Dilemmas”
Modern Healthcare, January 9, 2012
Bobby Burchfield said he is inclined to think the Supreme Court will strike down the individual health insurance mandate of the health reform law. That mandate is based on the Constitution’s Commerce Clause, and Mr. Burchfield said that “if the Supreme Court were to uphold the individual mandate, it is very difficult to see how the Commerce Clause is limited at all.” However, Mr. Burchfield predicted that the rest of the law would stand because “it’s not forcing states to do anything – it’s giving states the choice of whether to participate …”
“D.C. Moves”
National Law Journal, January 9, 2012
Jay Eizenstat joined McDermott as a Regulatory Practice Group partner in Washington, D.C. Mr. Eizenstat focuses on international trade issues.
Jay L. Eizenstat, International Trade
“Washington Area Appointments and Promotions for the Week of Jan. 9”
The Washington Post, January 8, 2012
Jay Eizenstat was noted for joining McDermott’s partnership as a member of the Regulatory Practice Group.
Jay L. Eizenstat, International Trade
“High Court’s USPTO Evidence Ruling Could Sting Agencies”
Law360, January 6, 2012
Paul Devinsky contended that an anticipated Supreme Court of the United States ruling on the extent of new evidence that patent applicants can present to a district court after the U.S. Patent and Trademark Office has rejected their application will likely have limited impact because the new patent reform law allows for a direct appeal only to the Federal Circuit, not a district court.
Paul Devinsky, Intellectual Property, Patent Prosecution
“The Churn: Lateral Moves and Promotions in the Am Law 200”
The AmLaw Daily, January 6, 2012
Jay Eizenstat was cited for joining McDermott as a regulatory partner in the Washington, D.C., office. Much of Mr. Eizenstat’s work is focused on Asia, reflecting his leadership of the U.S.-Korea Free Trade Agreement negotiations as a member of the Office of the U.S. Trade Representative.
Jay L. Eizenstat, International Trade
“Area Intellectual Property Firms Hungry for Talent”
Boston Business Journal, January 6, 2012
Sarah Chapin Columbia assessed the strong demand for intellectual property services in the Boston area, noting that McDermott has “added several people in the IP group here in Boston, and I know in looking at the firms I deal with on a regular basis that others have expanded staffing as well.” Ms. Columbia, who is pictured in the article, said that for McDermott, “We have seen increased hiring in all areas, but life sciences remains particularly strong in this market.”
Sarah Chapin Columbia, Intellectual Property, IP Litigation
“Interview: Common Misperceptions About Monetizing Patents”
Thomson Reuters “Legal Current,” January 6, 2012
Yar Chaikovsky stated in this podcast interview that, for “producing companies in the business of making products,” monetizing a patent involves completely new issues once the patent is prosecuted. “You really need to focus on, are you willing to back it up with litigation, because you cannot monetize through licensing without being willing to incur the risk of litigation,” Mr. Chaikovsky explained. “If you are not willing to put up a fight, everyone else knows that therefore you cannot monetize your patent.”
Yar R. Chaikovsky, Intellectual Property, IP Litigation
“Solyndra Payday for Former Massachusetts Governor”
Washington Times, January 5, 2012
William Weld, Stephen Ryan and David Ransom were noted for their work on behalf of Solyndra LLC.
David Ransom, Stephen M. Ryan, William F. Weld, Government Strategies
“Nevada Cancer Institute Bid Unopposed”
The Deal Pipeline, January 5, 2012
James Kapp III, Gary Gertler and Esther Chang were noted as representing the successful stalking horse bidder in the $18 million sale of Nevada Cancer Institute’s oncology treatment business.
Esther Chang, Gary B. Gertler, James W. Kapp III, Corporate, Health
“Both Sides Appeal ALJ’s Initial Decision Concluding Hospital Merger Violates Law”
BNA Health Law Resource Center, January 5, 2012
David Marx, Stephen Wu, Erin Arnold and Amy Carletti in Chicago, and Jennifer Westbrook, Carrie Amezcua, Christine Devlin, Daniel Powers, James Camden and Pamela Davis in Washington were listed as McDermott’s team advising ProMedica Health System Inc. in its appeal to the full Federal Trade Commission challenging an administrative law judge’s conclusion that the proposed ProMedica/St. Luke’s merger violates the Clayton Act.
Carrie G. Amezcua, Erin Arnold, James Buchanan Camden, Amy J. Carletti, Christine G. Devlin, David Marx Jr., Daniel Powers, Jennifer L. Westbrook, Stephen Wu, Antitrust & Competition
“Regulatory Challenges, Uncertainty Make Health Care Reform Top Health Law Issue”
BNA’s Health Law Reporter, January 5, 2012
Michael Peregrine spoke extensively on the top compliance and governance issues facing healthcare providers in 2012. Mr. Peregrine cited the “responsible corporate officer doctrine” as a major concern, “as the Obama Administration continues to focus on individual accountability for corporate criminal activity.” He also warned that efforts to streamline health system corporate structures “need to be balanced with the increasing importance of attentive oversight from governing boards.”
Michael W. Peregrine, Health, Health Care Law Reform
“Jay Eizenstat Jumps from Miller & Chevalier to McDermott”
Blog of Legal Times, January 4, 2012
Jay Eizenstat stated that he is “thrilled” to join “a terrific group over here” at McDermott as he became a partner in the Firm’s regulatory practice in Washington. Mr. Eizenstat, an experienced international trade negotiator, will focus on trade law, policy, disputes and market access issues, particularly concerning those companies that do business in Asia.
Jay L. Eizenstat, International Trade
“Amazon Resolves Kindle Patent Feud”
Law360, January 4, 2012
Yar Chaikovsky, Michael Martin and David Beckwith were co-counsel to Amazon.com Inc. in settling a dispute over claims that Amazon’s Kindle e-reader violated several digital communication and network patents.
David M. Beckwith, Yar R. Chaikovsky, Michael F. Martin, Intellectual Property, IP Litigation
“Movers and Shakers”
The Deal Pipeline, January 4, 2012
Jay Eizenstat will join McDermott as a regulatory practice partner in the Washington, DC office. He formerly was of counsel in a major law firm and trade negotiator in the Office of the U.S. Trade Representative.
Jay L. Eizenstat, International Trade
“McDermott Launches in Turkey via Fora & Sanli Link-Up”
The Lawyer (UK), January 4, 2012
John Callahan discussed the Firm's new relationship with Istanbul-based Fora & Sanli and the work the two firms will be doing together on health-focused M&A. The Turkish healthcare sector is currently of interest to foreign and domestic investors, who are taking advantage of opportunities presented through leveraged buy-outs and PPP deals.
“China’s 2012 Tax Reforms, CPI, Sustainable Development, Retail Sales, Baby Care and More”
ARC China “China Weekly Bulletin,” January 4, 2012
Frank Schoneveld said that government approvals of 2011 deals by major foreign companies Nestle and Yum Brands to buy Chinese businesses show that “China is now saying that it’s open to multinational companies.” Mr. Schoneveld added that this was in contrast to past signals from China’s antitrust regulators that the closer foreign companies get to acquiring Chinese retailers or consumer companies, the more difficulties they will face.
Frank Schoneveld, Antitrust & Competition
“McDermott Picks Up Miller & Chevalier Trade Expert”
Law360, January 3, 2012
Jay Eizenstat praised McDermott’s trade and customs group, and global platform focusing on Europe and Asia, as reasons for joining the Firm’s regulatory practice. He cited the “seasoned perspective that I can bring to clients,” such as “understanding how positions are formulated and how compromises are reached” in trade disputes, which includes “understanding the important role in the consultation process with Congress and U.S. stakeholders.”
Jay L. Eizenstat, International Trade
“Eizenstat Joins MW&E”
POLITICO, January 3, 2012
Jay Eizenstat’s previous role leading the U.S.-Korea Free Trade Agreement Negotiations on customs and rules of origin at the U.S. Trade Representative office will be invaluable in his new trade law practice at McDermott. Mr. Eizenstat said he was “thrilled” to be joining the Firm, which he said has “strong trade capabilities, a broad geographic platform, and a common vision around the interests of U.S. and foreign multinationals in Asia and U.S. trade policy.”
Jay L. Eizenstat, International Trade
“McDermott Secures Turkey Launch as Firm Targets Healthcare M&A Work”
Legal Week (UK), January 3, 2012
John Callahan said that McDermott will “fill the void that currently exists in Turkey for qualified, health-focused M&A expertise” by setting up a preferred provider relationship with Istanbul’s Fora & Sanli. The two firms will work with international clients on health sector transactions in Turkey and the surrounding region.
“Influence Alley: New Year’s Moves”
National Journal, January 3, 2012
Jay Eizenstat, former trade negotiator for the Office of the U.S. Trade Representative from 2003 to 2008, will in his new capacity with McDermott represent multinational corporations, foreign governments and trade associations on trade issues before government and international organizations.
Jay L. Eizenstat, International Trade
“Securities Cases to Watch in 2012”
Law360, January 1, 2012
Steven Scholes said that Securities & Exchange Commission subprime mortgage security cases against former top executives of collapsed mortgage giants Fannie Mae and Freddie Mack “are a prime example of the SEC’s efforts to show that the agency is aggressively pursuing individuals allegedly responsible for actions contributing to the housing/financial crisis.” Mr. Scholes also expected corporate whistleblower tips and enforcement actions to increase due to the Dodd-Frank Act’s “huge financial incentives for people to lodge complaints” – so many, he added, that the SEC “is going to have to rely on companies to do their own internal investigations.”
Steven S. Scholes, White-Collar & Securities Defense
“Industry Insiders Clarify MSSP Participation in Multiple ACOs”
ACO Business News, January 2012
J. Peter Rich said that under final Medicare rules for accountable care organizations (ACOs), a primary care physician’s taxpayer ID number (TIN) “must be exclusive to one ACO (and will determine the Medicare beneficiaries attributed to that ACO).” Mr. Rich added that a physician could theoretically participate in a second ACO by billing under the TIN of a medical group, practice association or hospital.
“Expect Whistleblower Suits, Patent Disputes in 2012”
Law360, January 1, 2012
Lazar Raynal predicted that new financial incentives to corporate whistleblowers under the Dodd-Frank Act will mean that allegations are “going to skyrocket” in the new year, particularly with encouragement from plaintiff lawyers. “People have shaken through the rules and attorneys are advertising,” Mr. Raynal said. “It’s something that will get a lot of traction in [2012].” He added that another source of litigation will be claims over hydraulic fracturing (fracking) to secure natural gas, which is getting “tremendous opposition from people who are concerned about the possibility of groundwater pollution.”
