Media Mentions
2008
David Cifrino was quoted in a May 7 article published by Forbes Online regarding the increase of phone calls from proxy solicitors, which have increased this year because new SEC rules regarding electronic delivery of proxy statements have reduced voting by shareholders. Mr. Cifrino commented that shareholders registered with their brokers as objecting beneficial owners ("OBO"), should not get calls from proxy solicitors. "If you sign up as an OBO, you shouldn't be pestered regularly," he said.
David A. Cifrino PC, Corporate, Public Companies, Securities
McDermott Will & Emery was mentioned in a May 5 article published by the Legal Times as one of the eight firms to watch in 2008. The Legal Times noted that McDermott was one of the firms that set the pace in 2007, citing growth in revenue and profits per partner, high-profile lateral recruits and successful representation of clients among the many reasons McDermott is a firm to watch in 2008.
Blake Rubin and Andrea Whiteway were mentioned in the May 5 issue of Legal Times about how their hiring highly contributed to the inclusion of the Firm's Washington, D.C., office in the "2008 D.C. 20" rankings.
Blake D. Rubin, Andrea Macintosh Whiteway, Real Estate - Tax, Tax
Paul Devinsky was quoted in the May 1 issue of CFO Magazine in an article regarding whether business-process methods should be protected by patent law. On May 8, the U.S. Court of Appeals for the Federal Circuit will hear In Re Bernard L. Bilski and Rand A. Warsaw and may deliver a decision that clarifies where to draw the line on patentable subject matter. Mr. Devinsky noted, however, that if Bilski doesn’t decide the matter, the business-method patent issue will be "all teed up for the Supreme Court."
Paul Devinsky, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Patent Prosecution
John P. Cogan was quoted on April 30 by the Associated Press in an article regarding President Felipe Calderon's decision to talk with guerrillas linked to gas pipeline explosions in Mexico. The attacks have been a turnoff for investors watching an energy reform bill before the Senate that would remove bureaucratic obstacles to Mexico's state-owned oil company, Pemex, working with private investors. "If I were an investor, I would say we ought to talk to the rebels," said Mr. Cogan. No matter how much security is provided for the pipelines, "there are always going to be opportunities for guerrillas and various types to step in when nobody is watching," he added.
John P. Cogan Jr., Energy and Derivatives Markets
Tom Jones was mentioned in the April issue of Chicago Lawyer for receiving the Captive Insurance Companies Association's 2008 Distinguished Service Award.
Thomas M. Jones PC, Captive Insurance and Reinsurance, Tax
Norbert Schulte was quoted in the April 2008 Special Report Germany of Thomson International Financing Report regarding the real estate market in Germany. "Germany is a conservative market for financial development and always has been, as shown by the lack of an ABS market and the slow development of the REIT market," Mr. Schulte said. He continued, "But the development of a derivatives market is dependent on a number of REIT flotations as there is a need of more comprehensive and frequent data about the performance of the real estate market then an index that is published once a year."
Norbert Schulte, Corporate - Germany, Germany, Real Estate - Germany
Tom Jones was quoted in the April issue of Rough Notes about how the IRS reversed its proposal concerning the taxation of captives. "The consolidated tax return area of the IRS has a huge amount of authority to promulgate regulations," Mr. Jones said. "Congress has given the Consolidated Returns Group the authority to write 'legislative regulations' as contrasted with 'interruptive regulations' that other code areas are limited to," he added.
Thomas M. Jones PC, Captive Insurance and Reinsurance, Tax
Astrid R. Spain was quoted in the April 29 issue of The Daily Transcript in an article regarding patent reform bills currently before Congress. Ms. Spain commented on the bills' controversial provision which requires reasonable royalties or lost profits in infringement lawsuits to only be applied to the economic value of the specific contribution the patent makes to the product. The change, "bogs down the judges and juries with massive data and expert testimony on figuring out what exactly is the apportionment, which would make lawsuits more expensive and increase damages," Ms. Spain said. Regarding hopes that the bills will pass, Ms. Spain noted, "Clearly we have a lot of different industries with divergent interests, and our Congress represents all of these businesses and needs to strike a balance to encourage American innovation."
Astrid R. Spain, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Jeffrey Rothschild was quoted in an April 29 article published by Compliance Week regarding the utilization of the material adverse change clause (MAC clause) during the global credit crunch in order to allow potential acquirers to walk away from deals. Mr. Rothschild commented that negotiating MACs is perhaps [one of] the most contentious and time consuming part of merger talks. "A certainty in life is that people won't agree on [the definition of] MAC," he said.
Jeffrey Rothschild, Corporate, Mergers & Acquisitions
Stephen M. Ryan was quoted in the April 28 edition of Security Fix, a Washington Post blog, in an article regarding the alleged hijacking of IP space by e-mail marketers closely associated with Scott Richter, an alleged spammer who has been sued by both Microsoft and MySpace. Scott Richter is the CEO of Media Breakaway, a company that Spamhaus claims hijacked IP space from San Francisco Bay Packet Radio. Spamhaus claims that the IP space should be revoked under the rules set out by the American Registry for Internet Numbers (ARIN). As ARIN's General Counsel, Mr. Ryan said, "The matter has come to ARIN's attention, it is under review, and at this point I can't say more except that we're looking at it very diligently."
Stephan Brandes was quoted in the April 23 issue of Frankfurter Allgemeine Zeitung (FAZ) regarding employee participation in several legal forms of companies.
Stephan Brandes, Corporate - Germany, Germany
Jeffrey E. Stone was quoted in the April 22 issue of the Chicago Tribune in an article regarding Your Witness: Lessons on Cross Examination and Life from Great Chicago Trial Lawyers, a book recently published by two Chicago defense attorneys. As a partner in McDermott's Trial Department, Mr. Stone's thoughts on cross-examination are included in the new book. "Many lawyers fail to recognize the inherent drama built into the key cross. Instead of running away from the drama, I believe that the truly great cross-examiner, like the great athlete or actor, seizes that dramatic moment and puts his or her own stamp on it," Mr. Stone said.
Mark J. Mihanovic was quoted on April 22 by the San Francisco Chronicle in an article regarding the fall in venture investment in start-ups in the first quarter of 2008. The article specifically discusses the impact in Silicon Valley despite its unique market. "The dynamics of Silicon Valley are different from elsewhere in the country because it has so many life sciences and technology companies that can merge with each other for strategic gain and wait out tough times," said Mr. Mihanovic. He continues, "If we had a more vibrant market, even an average market, I'd be doing two or three (life sciences) IPOs right now."
Mark J. Mihanovic, Corporate, Emerging Companies/Venture Financing, Life Sciences & Medical Devices
Read Moore was quoted in the April 21 edition of The New York Times about how if you help a family member and the gift exceeds a certain value and the IRS catches it, you could be forced to pay a gift tax as well as interest. One strategy for subsidizing relatives without having to pay gift tax is to pay medical and educational expenses. Especially with elderly parents, the chance to pay for medical expenses is an ''overlooked opportunity,'' said Mr. Moore.
Ankur J. Goel was mentioned in the April 21 issue of Modern Healthcare regarding the OIG's new self-disclosure protocol. "It's a signal that OIG is going to work to make these more acceptable to providers, or a better experience for providers," said Mr. Goel.
Melise R. Blakeslee was mentioned in the April 21 issue of ComputerWorld in an article regarding socially responsible outsourcing by IT departments. Ms. Blakeslee noted that, despite claims that socially responsible outsourcing is becoming more common, IT managers are most interested in how outsourcing providers protect data and how much they charge for their services. Although it’s common corporate policy to ask business partners about diversity initiatives, even that issue carries little weight. "I have never seen it determine anything," Ms. Blakeslee said.
Melise R. Blakeslee, e-Business - IP, Media & Tech, Intellectual Property, Media & Technology
Amy Gordon was quoted in the April 21 issue of Business Insurance in an article about how companies that have been using financial incentives or other inducements as part of their wellness programs must reconsider those incentives in light of recent federal guidelines clarifying what constitutes health-related discrimination in employee benefit plans. "Just satisfying HIPAA is not enough. There are a lot of other legal responsibilities,'' said Ms. Gordon.
Amy M. Gordon, Employee Benefits & Pensions, HIPAA, Welfare Benefit Plans
Howard Steinberg was quoted in an April 21 article published by Investment Dealers Digest regarding shareholders voicing their opinions on executive compensation. Mr. Steinberg noted that there is a rigorous decision making process by the board compensation committee regarding appropriate executive pay. "There is a high level of sensitivity in terms of what the committee is doing, and they realize that they are dealing with a hot button issue that concerns shareholders," he said.
Howard E. Steinberg, Corporate, Public Companies
Abbe D. Lowell was quoted in the April 20 issue of The Dallas Morning News in an article regarding the indictment of former Mayor Pro Tem Don Hill and thirteen others on charges of taking kickbacks from local developers. Mr. Potashnik, the owner of Southwest Housing, is accused of paying bribes to Mr. Hill. As Mr. Potashnik's lawyer, Mr. Lowell said that he is not concerned about comments from co-defendant Allen McGill, who recently plead guilty and is cooperating with government authorities. "Southwest Housing had nothing to do with McGill. He might have tried to extort them, but that was the extent of any connection," Mr. Lowell said.
Jeffrey F. Webb was quoted in the April 17 issue of the National Law Journal in an article regarding the passage of a law requiring mandatory triple damages in wage and hour cases in Massachusetts. Mr. Webb commented on the surge in wage and hour cases that the state experienced before the legislation took effect and the likeliness that the new legislation will lead to even more filings. "The difference between now and 2004 is that there's been a real increase in the amount of wage and hour class actions that have been filed, and Massachusetts [now] becomes three times as interesting as it was the year before," Mr. Webb said.
Jeffrey F. Webb, Class Action, HR & Employment Litigation, Labor & Employment, Trial
Robert B. Nicholas was quoted on April 14 by the National Law Journal in an article regarding the U.S. Food and Drug Administration's plan to post employees in the People's Republic of China. The FDA announced plans to post eight full-time, permanent FDA employees in China within the next 18 months, plus five local Chinese nationals to work with FDA staff. "A shift in China's regulatory regime for drugs, medical devices and foods isn't going to happen overnight, but its creation and development will create opportunities for lawyers working with U.S. and Chinese manufactures in China for many years to come," said Mr. Nicholas. "It takes knowledge, experience and training to get people to understand the consequences of how they prepare documents for contracts and for submission to various regulatory agencies," Mr. Nicholas added.
Robert B. Nicholas, Food and Drug Administration - Alcohol Beverages & Products, Health
John P. Cogan was quoted in an April 14 article published by Energy Law360 regarding his recent move to McDermott's Houston office. As a new partner in McDermott's global Projects and Infrastructure Practice Group, Mr. Cogan discussed his reasons for joining the Firm. "I'm a builder, I love to build things. McDermott presented me with an irresistible opportunity to start something locally and apply my life's work to their first-rate global platform. I look forward to helping lead McDermott to the forefront in the Houston market," he said. Mr. Cogan, who has worked for the last 40 years in the oil sector, also noted his taste for continuing changes and developments in the hydrocarbon field. “I once had a teacher who said change is good for people. Change is good for the industry, it leads to unforeseen opportunities, and for me personally, it keeps my batteries charged," he said.
John P. Cogan Jr., Corporate, Energy and Derivatives Markets
Ralph DeJong and Elizabeth Mills were quoted in the April 14 issue of Modern Healthcare Online in an article regarding instructions for not-for-profit hospitals and health systems using the new Form 990. "Draft instructions released last week could significantly expand the number of key hospital and health system employees whose pay, bonuses and benefits must be reported," Mr. DeJong said. "It's very specific. They're really trying to get information that can be compared, and is apples to apples across organizations, and enhance transparency," Ms. Mills said.
Ralph E. DeJong, Elizabeth M. Mills PC, Health, Tax Exemption
Ralph E. DeJong and Elizabeth M. Mills were quoted in the April 14 issue of Modern Healthcare regarding the new IRS Form 990. "Draft instructions released last week could significantly expand the number of key hospital and health system employees whose pay, bonuses and benefits must be reported," said Mr. DeJong. "It's very specific. They're really trying to get information that can be compared, and is apples to apples across organizations, and enhance transparency,'' Ms. Mills said.
Ralph E. DeJong, Elizabeth M. Mills PC, Health, Tax Exemption
José Rivas and Juan Gutiérrez were mentioned in the April 11 issue of Global Competition Review as counsel to Mediapro in Spain's investigation into competition among television networks for the rights to broadcaset Primera Liga and King's Cup football matches.
Juan Gutiérrez, José Rivas, Brussels, EU Competition, International Antitrust & Competition, Spain
Dana N. Levitt was mentioned by the Daily Journal in an April 10 article regarding his selection as a member of The Fellows of the American Bar Foundation, an honorary group consisting of attorneys, judges and law professors who have dedicated themselves to the well-being of their communities and adhered to the legal profession's highest principles.
Jean Pawlow was mentioned in the April 10 issue of Tax Management Transfer Pricing Report for her presentation at the TEI 58th Midyear Conference. Ms. Pawlow said taxpayer comments about Tier 1 audits have made the process sound like buying a car in that the audit team seems to want to help but must periodically consult "someone in the back" who has decision-making power. Ms. Pawlow also said the teams, "Seem to keep telling us we have to go to Appeals."
Jean A. Pawlow, Tax, Tax Controversy
Nancy G. Ross was quoted on April 9 by the Associated Press in connection with the representation she has provided for Chrysler in negotiating a restructure of retiree health benefits with the UAW. A proposed deal would require Chrysler LLC to pay $10.3 billion to a trust that would cover the company's $18 billion in retiree health care obligations. An 11-member committee would run the trust and would include six members selected by the court and five selected by the UAW. Regarding the settlement terms, Ms. Ross said, "We do believe in the light of the uncertain environment that Chrysler is operating that this settlement is the best for all parties."
Nancy G. Ross, Employee Benefits Litigation, Labor & Employment, Trial
Jean Pawlow was mentioned in the April 8 issue of TaxAnalysts for her presentation at the TEI 58th Midyear Conference. Among other questions, Ms. Pawlow asked fellow panelist Patricia Chaback, industry director for LMSB's communications, technology and media division in Oakland, Calif., if it is appropriate for Appeals to be involved in the Industry Management Team (IMT). Chaback replied that even though an Appeals representative may be present on the team, Appeals maintains the "utmost level of independence" throughout the issue process and is subject to the ex parte rules.
Jean A. Pawlow, Tax, Tax Controversy
Edward P. Leibensperger was quoted on April 4 by the Boston Business Journal in an article regarding lawyers’ increasing use of trial consultants to gather information on jurors, examine evidence and take cases through dry runs. As a partner in McDermott's Trial Department, Mr. Leibensperger noted that trial consultants have been an important part of his work for the last ten years. "For every case going to trial I would use a trial consultant. You can really sharpen your presentation as a result of getting that feedback. It also provides a reality test for your client," he said.
Edward P. Leibensperger, Trial
Arnold Friede and Robert Nicholas were mentioned in the April 2008 issue of Medical Marketing & Media (MMM) Online in an article regarding calls for investigation into support for the American Heart Association (AHA) and American College of Cardiology. "No one can question the status of the AHA and American College of Cardiology as scientific speakers in the debate about some of the most important public health issues of our time, even if they receive some financial support from commercial interests," Mr. Friede and Mr. Nicholas said.
Arnold I. Friede, Robert B. Nicholas, Health
Edward P. Leibensperger was quoted on April 1 by the National Law Journal in an article regarding the increasing use of state claims, rather than securities claims, when targeting law firms in cases of corporate wrongdoing. Mr. Leibensperger commented on the turn to state claims, including aiding and abetting breach of fiduciary duty and aiding and abetting fraud. "As plaintiffs turn towards going after professionals, they're going to find that the state causes of action are more accessible to them, and, therefore, will go to them," he said.
Edward P. Leibensperger, Professional Responsibility, Trial
Peter Townshend and George Colindres co-authored an article in BioPharm International, published April 1, entitled, "Trends in Convertible Note Financing for Biotechs." The article discusses the differences between convertible note financings and traditional preferred stock financings, discusses the high stakes of note financings and highlights the complexity of their terms. To view the entire article click here.
George Colindres, Peter N. Townshend, Corporate
Charles Shiramba was quoted in the April 2008 edition of the International Financial Law Review regarding a proposal by the European High Yield Association to reform UK insolvency law to make it more like Chapter 11 of the U.S. Bankruptcy Code to enable easier restructurings. "This is a laudable proposal. It's clear to all of us that we could be going into a recession. If we do, highly-geared structured companies will fall first."
Charles Shiramba, Banking and Finance - London, London, Restructuring & Insolvency
Steven S. Scholes was quoted in the April issue of CFO Magazine in an article regarding the unpredictably and complexity of going to trial in class-action shareholder lawsuits. As a partner in McDermott Will & Emery's Trial Department, Mr. Scholes noted that despite uncertainty, the rising costs of settling have made going to court more attractive. "The tremendous increase in the dollar value of settlements has greatly altered the economics of securities class cases. You can see how the balance would tip toward going to trial, if you have a good defense," he said.
Steven S. Scholes, Class Action, Trial
Howard Mulligan was quoted in the April issue of Equipment Leasing Today regarding addressing fears of a shaky market at this year’s ELFA/IMN Investor’s Conference. Mr. Mulligan recognized the shaky market, however he emphasized that the situation should not be blown out of proportion. "Something worth remembering is that there is no looming leasing crisis, per-se. What's going on in the leasing market is mainly a minor infection, largely playing out in other areas such as mortgages and residential real estate. That's not to say that there's not a good deal of uncertainty out there right now. But keep in mind that the fundamentals underlying the typical structured finance paradigm are not being called into question. There isn't really any skepticism about the fundamentals of the market or the fundamentals of the leasing transaction," he said.
Howard Mulligan, Corporate, Finance & Banking
David Marx was quoted in the March issue of HealthLeaders in an article regarding the health industry's hospital consolidation wave. Mr. Marx discussed the effects of the FTC's investigation of a 2000 Evanston Northwestern Healthcare (ENH) merger that created a three-hospital system along Chicago's North Shore. Because the ENH case was so unusual in that the FTC waited so long after the merger to investigate, Mr. Marx noted that, "It is not discouraging anybody from doing what they think they need to do to be competitive in the marketplace, and that includes consolidations and collaborative ventures where appropriate." Mr. Marx warned, however, to keep the consumer in mind and remember that the FTC can challenge a merger after the fact, "…think about it from the perspective of the consumer because that's the way the agencies are going to look at the transaction and evaluate it," he said.
David Marx Jr., Health, Health - Antitrust, Hospital and Health System Transactions
Kate Learoyd was quoted in the March 2008 edition of International Financial Law Review in relation to a wave of litigation after the UK government announced emergency legislation to nationalize Northern Rock and leave shareholders with nothing. Ms Learoyd said, "Shareholders might argue that this was illegal expropriation – it could be quite controversial."
Kate Learoyd, Litigation - London, London, Trial
Tom Jones was quoted in the March 2008 issue of Vermont Business Magazine about how the IRS withdrew the proposed regulation that would have prevented captive insurance companies based in the Unites States from claiming tax deductions for money set aside to cover future claims and losses. Under the existing tax code, Mr. Jones said, "We do have a level playing field." The proposed IRS regulation, "Will have the possibility of tilting the field," he said, toward the offshore domiciles.
Thomas M. Jones PC, Captive Insurance and Reinsurance, Tax
Morten Nissen was quoted in the March 31 issue of Global Competition Review in relation to the European Commission's in-depth investigation of Finnish mobile phone producer Nokia's U.S. $8.1 billion acquisition of U.S.-based digital maps provider Navteq. Mr. Nissen said that, "It is very likely that remedies will be required - the Commission may be looking for the creation of a third-party competitor as part of the deal. But because the prices in both transactions are very high, there may come a point where the companies decide that the transactions are no longer worth it."
Morten Nissen, Brussels, EU Competition, International Antitrust & Competition
Arnold Friede was mentioned in the March 31 issue of Legal Times regarding his move from Pfizer as senior corporate counsel to counsel in McDermott's Health Law Department based in the Washington, D.C. office.
Michael Peregrine was quoted in the March 28 issue of TaxAnalysts in an article regarding the new final regulations under section 4958 that were released by the IRS making clear that tax-exempt organizations that become involved in excess benefit transactions with disqualified persons will be in better shape if they discover the problem and take corrective action before the IRS gets involved. "The final regulations are significant from a corporate governance perspective. The regulations show that an organization's board must be aware of the circumstances under which excess benefit transactions can put exemption at risk," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Tax Exemption
Tom Jones was mentioned in the March 27 issue of Risk & Insurance for receiving the Captive Insurance Companies Association's 2008 Distinguished Service Award.
Thomas M. Jones PC, Captive Insurance and Reinsurance, Tax
Philip Torbøl was quoted in the March 27 issue of Competition Law360 in an article titled "Lower Fares, More Mergers On Horizon For Airlines", regarding the Open Skies agreement between the United States and the European Union. Mr. Torbøl discussed the benefits to travelers due to increased competition, as well as the inevitable consolidation in the market as airlines will have more incentive to merge. He concluded that, "This Open Skies agreement has brought us one step of the way. We're not all the way there to a liberalized EU-US air transport market. But already, on some routes it will allow much more competition, and that will bring prices down."
Philip Torbøl, Brussels, EU Competition, International Antitrust & Competition
Abbe D. Lowell was quoted on March 22 by the Associated Press in an article regarding the espionage trial of Steven Rosen and Keith Weissman, former lobbyists of the American Israel Public Affairs Committee. The trial has been rescheduled eight times, and prosecutors recently revealed that they will appeal a ruling on how classified information will be introduced at trial. As Mr. Rosen's counsel, Mr. Lowell said, "It's now pretty clear that the government does not want to try this case. They filed these charges without thinking them through, and there appears to be no one in government with enough authority or courage to admit they made a mistake." Mr. Lowell was also quoted in JTA and The New York Sun on March 21.
Ralph DeJong was quoted in the March 21 issue of TaxAnalysts in an article regarding Part IV instructions for the hospital schedule of the redesigned Form 990. "This would be an explanation that many hospitals have until now included in their program services accomplishments section attached to their 990, and now that information has to be an express, explicit portion of the Schedule H filing," Mr. DeJong said.
Ralph E. DeJong, Health, Tax Exemption
Ralph DeJong was quoted in the March 21 issue of BNA's Health Law Reporter in an article regarding the IRS intending to issue instructions for the new Form 990. "Entities need to prepare now for the new form. The new form begins operationally on the first day of the fiscal year beginning in 2008 and calendar year filers should have started to collect data and expand data," Mr. DeJong said.
Ralph E. DeJong, Health, Tax Exemption
Todd Solomon was quoted in the March 20 issue of CCH Journal about how qualified plans would be required to allow rollovers by non-spouse beneficiaries under House-passed technical corrections to the Pension Protection Act of 2006 (PPA). "Before the PPA, participants could make hardship distributions for qualified expenses only for themselves or their spouse or dependents. Under the PPA, if your domestic partner is your beneficiary, you can make a hardship withdrawal, if the benefit plan allows," Mr. Solomon said.
Todd A. Solomon, Employee Benefits & Pensions, Welfare Benefit Plans
Charles Shiramba was quoted in the March 20 edition of Legal Week in relation to the global turmoil in credit markets which led to the collapse of two hedge funds in Europe and the fire-sale of Wall Street giant Bear Stearns. Mr. Shiramba said, “Insolvency law in the UK is not geared up to dealing with hedge funds the size of Carlyle going bust. I think the law will struggle to cope."
Charles Shiramba, Banking and Finance - London, London, Restructuring & Insolvency
Jeffrey F. Webb was quoted in the March 17 issue of the National Law Journal in an article regarding a spike in employment class actions that has led law firms to expand their employment litigation practices. Mr. Webb, who recently joined McDermott's Boston office, noted that companies are now sending high-stakes employment class actions to larger name-brand firms rather than smaller employment boutiques. General counsel facing federal class actions choose larger firms because they "don't want to be second-guessed by their board," Mr. Webb said.
Jeffrey F. Webb, Class Action, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Tom Jones was quoted in the March 17 issue of Business Insurance about how the IRS reaffirmed its long-held position that excise taxes on insurance and reinsurance purchased from foreign insurers and reinsurers apply each time a risk is ceded, but also has offered an amnesty period to encourage compliance. "How will the information flow work, particularly if a U.S. risk is sliced and diced in co-mingled excess-of-loss treaties...lots of administrative problems," said Mr. Jones.
Thomas M. Jones PC, Captive Insurance and Reinsurance, Tax
Art Rosen was quoted in the March 15 issue of State Income Tax Monitor about how a guilty plea and an agreement to pay restitution over tax fraud will not always pull you off the state's hook. "A lot of people get blindsided by this," said Mr. Rosen. "Unless the taxation department signs off on the plea agreement, they are not prevented from seeking past due tax, penalties and interest. The attorney general can offer a deal, but the tax department doesn't have to honor it."
Arthur R. Rosen, State & Local Tax, Tax
Art Rosen was quoted in the March 15 issue of Sales & Use Tax Monitor about how company tax pros should not be surprised when an auditor turns to an alternative methodology or when a tax appeals panel upholds that back-up approach. "It's been going on pretty regularly over the last 15 years," said Mr. Rosen.
Arthur R. Rosen, State & Local Tax, Tax
Tom Jones was mentioned in the March 14 issue of Chicago Daily Law Bulletin for going to the University of Illinois in Champaign to address the students in the class called "Law 794: International Business Organizations: The Cayman Islands."
Thomas M. Jones PC, Captive Insurance and Reinsurance, Tax
Michael D. Kendall was quoted in the March 13 issue of the National Law Journal in an article regarding Judge Richard G. Stearns' ruling that the Massachusetts Department of Corrections must make dietary and prayer service accommodations for two Muslim inmates. As the prisoners' pro bono counsel, Mr. Kendall noted that this case is one of only a few that have gone to trial since the Religious Land Use and Institutionalized Persons Act of 2000 took effect. "Prisoner cases are very tough to win. Sometimes the facts haven't been developed from the beginning and sometimes clients don't know how to present their claim. This case was won on the strength and sincerity of the prisoners who were bringing it," Mr. Kendall said.
Joan M. Griffin appeared in an on-air interview on New England Cable News' NewsNight with Jim Braude on March 13. Ms. Griffin discussed a new federal study that confirms ballistics matches are based on wholly unproven assumptions.
Joan M. Griffin, Intellectual Property, Media & Technology
Andrew Watson was quoted in the March 13 edition of Legal Week in relation to a Greek infrastructure project that McDermott Will & Emery advised on. Mr Watson said, "The Greeks have been shown where our PPPs went wrong, ironed any issues out and have really taken to the model. So far it has worked well."
Andrew Watson, Banking and Finance - London, London
David DeYoe was quoted in the March issue of Worth Magazine regarding the risks related to putting a private plane in an LLC. Mr. DeYoe discussed how private planes held in LLCs could be viewed as commercial aircrafts by the FAA, which could in turn invalidate insurance and legal protection. Under these circumstances "you haven't shielded anything," Mr. DeYoe said.
David P. DeYoe, Aircraft Acquisition and Operation, Corporate, Private Client
Kate Learoyd was quoted in the March 11 edition of International Financial Law Review in relation to the UK Government's expropriation of shares as it nationalized Northern Rock and how hedge funds and other institutional investors might react if banks respond with clearer divisions between their retail and wholesale operations. Ms Learoyd said, "Investment banks will want access to retail deposits but they will not want their shareholders exposed to the risk that control over the banks is lost in order to protect retail depositors. If you put structured finance lawyers in a room for long enough, they might find a way of achieving that!"
Kate Learoyd, Litigation - London, London, Trial
Kate Learoyd was quoted in the March 10 edition of Asset Securitization Report in relation to European investors showing signs of uneasiness regarding ABS-related losses, which has prompted UK law firms to consider bringing a number of European banks to court. Ms Learoyd said, "Major investment banks are usually reluctant to litigate against each other because of the numerous commercial relationships between them. Smaller banks and financial institutions are not as constrained."
Kate Learoyd, Litigation - London, London, Trial
Robert C. Gombar was quoted in the March 6 issue of Employment Law360 in an article regarding President George W. Bush's recommended boost in funding for the Occupational Safety and Health Administration. As former general counsel for the Occupational Safety and Health Review Commission, Mr. Gombar noted that the increase for 2009 will do little to help the agency which has lacked necessary funding for the past 30 years. "No matter what amount of money OSHA is given in the budget, it is not going to be enough," Mr. Gombar said.
Robert C. Gombar PC, OSHA, OSHA Experience
Michael Peregrine was quoted in the March 6 issue of BNA's Health Law Reporter in an article regarding the IRS' releasing of an updated memorandum detailing those organizational structures and operational policies that it believes will improve governance of tax-exempt organizations. "The memorandum sheds important new light on the IRS' view of such important issues as governing board size, diligence and composition; oversight of sophisticated investment vehicles; and document retention and whistleblower policies," Mr. Peregrine said.
Michael W. Peregrine, Corporate Responsibility, Health, Tax Exemption
Douglas M. Mancino was quoted on March 5 in a PR Newswire article regarding a benefit gala for the Children’s Burn Foundation that raised more than $875,000 for burn survivors and prevention. "We are privileged to have raised these funds through the dynamic efforts of The Council who worked tirelessly to ensure that the Foundation can continue to do its important work," Mr. Mancino said. Mr. Mancino is also the chairman of the board of the Children's Burn Foundation. Mr. Mancino was also quoted in Pharma Investments, Ventures & Law Weekly and Pharma Business Week.
William P. Schuman was quoted extensively in the March 5 issue of the ABA/BNA Lawyers' Manual On Professional Conduct in an article regarding his presentation at the 2008 Legal Malpractice and Risk Management Conference held February 27 to 29, 2008, in Chicago, Illinois. Mr. Schuman’s presentation discussed the risks and legal exposure for attorneys arising out of their representation of multiple clients in complex transactions.
William P. Schuman PC, Professional Responsibility, Trial
Brian E. Ferguson was quoted by Bloomberg on March 4 regarding the U.S. Court of Appeals for the Federal Circuit's August decision in Convolve, Inc. v. Seagate Technology LLC. As Seagate's counsel, Mr. Ferguson commented on the decision, which requires patent owners to prove that opponents knew or should have known they were infringing but still proceeded. "It's going to have more of an impact in technology and computer and medical devices," Mr. Ferguson said.
Brian E. Ferguson, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Patent Prosecution
Abbe D. Lowell was mentioned in the March 3 issue of the The New York Times in an article regarding the espionage charges against Steven J. Rosen and Keith Weissman, former senior analysts for the American Israel Public Affairs Committee (AIPAC). As Mr. Rosen's lawyer, Mr. Lowell stated that the defense will demonstrate that for years, American policy on Israel and the Middle East has been determined by back-channel conversations between AIPAC and senior policymakers, diplomats and journalists. Mr. Lowell noted that the trial raises "strange and troubling issues, notably the decision to target AIPAC for common and proper behavior that goes on in Washington every day."
Jeffrey F. Webb was quoted in the March 3 issue of the Boston Business Journal regarding the movement of same-sex couples to Massachusetts where laws recognize same-sex marriages and offer same-sex couples legal rights and spousal health benefits. Mr. Webb relocated to Boston to live as a legally married couple with his life partner, Mark Schuster, and the pair's twin sons. Regarding their 2004 marriage, Mr. Webb said, "That was something that was really important to us."
Jeffrey F. Webb, Employee Benefits Litigation, Trial
Joel R. Grosberg was quoted in the March 1 issue of CFO Magazine in an article regarding potential obstacles for global transactions including a Democratic White House, an increasing number of jurisdictions with the right to review a deal's antitrust implications and antitrust rules in China and India. As a partner in McDermott's Antitrust and Competition Practice, Mr. Grosberg stated that if the White House goes to a Democrat, "CFOs should expect that antitrust enforcement will be more aggressive." In India, where there are no minimum thresholds for filing acquisitions and a 210-day review period is standard, Mr. Grosberg noted that even "if your deal raises no issues, you could be held up for seven months."
Joel R. Grosberg, Antitrust & Competition, International Antitrust & Competition, M&A/JVs - Antitrust Aspects, Mergers & Acquisitions
Charles E. Levin was quoted in the March issue of Hedge Fund Manager Weekly in a roundtable feature regarding the vibrant hedge fund market in Chicago. Mr. Levin discussed how the Chicago hedge fund industry developed, what gives the city's managers their edge and whether the city’s funds will continue their impressive returns despite the difficult market conditions. When asked how he accounts for the success of Chicago-based hedge funds, Mr. Levin stated, "With respect to funds we interact with in this market, we see them often being broad-based funds employing multi-strategies. We also see these funds sometimes making opportunistic investments which are not programme-driven...we expect that these tendencies have led to some significant gains that may have offset losses on portfolio assets which have been widely experienced."
Charles E. Levin, Corporate, Hedge Funds
Art Rosen was quoted in the February 29 issue of Sales & Use Tax Monitor about how the New York Taxation Division has undertaken some creative approaches to calculate a business' taxable sales, when that taxpayer lacks the proper records to satisfy the auditor. "The state can pick any method that they want to on an audit, when there are insufficient records," pointed out Mr. Rosen. "The taxpayer usually can't prove the method was unreasonable if the records are not there."
Arthur R. Rosen, State & Local Tax, Tax
Brian E. Ferguson was quoted in the February 29, 2008, issue of the Washington Business Journal in an article regarding recent demand for intellectual property legal assistance in the U.S. For law firms, “IP is considered to be one of the most sought-after practices,” he said.
Brian E. Ferguson, Intellectual Property, Media & Technology
Rory K. Little was mentioned in the February 29 issue of the Daily Herald in an article regarding Barry Bonds' federal indictment for perjury and obstruction of justice. As a former federal prosecutor, Mr. Little said that he would be shocked if U.S. District Court Judge Susan Illston dismissed the federal indictment.
Ankur J. Goel was quoted in the February 29 issue of The Boston Globe in an article regarding the group of Massachusetts hospitals that will collect up to $200 million from the federal government over improperly calculated Medicare reimbursement rates. "The hospitals are gratified by the court's ruling that all wage data should be used when HHS calculates the wage index," Mr. Goel said. This case was also reported by BNA's Health Care Daily and The Daily News of Newburyport.
Nancy G. Ross was recognized in the February 2008 issue of Chicago Magazine as one of the Top 50 Women Attorneys in Illinois.
Joe Adams was quoted in the February 2008 issue of CFO Magazine about how companies can help retiring employees transition from savers to consumers. Despite the improvements, annuities aren't without both downside and risk. Risks include the possibility of inflation topping 4 or 5 percent or, said Mr. Adams, "if the provider goes under."
Joseph S. Adams, Employee Benefits & Pensions
Phyllis Kupferstein was quoted in the February 28 issue of California Executive in an article discussing a bill to amend sections 511 and 515 of the Labor Code. The bill would ease restrictions on employers who want to accommodate employees' requests for a 10-hour workday within a 40-hour workweek without being subject to overtime. The regulatory requirements that are currently in place to allow employers to provide a 10-hour workday are complex and are not worth the effort according to many employers. "Even in good faith, failure to follow the procedures opens employers up to costly overtime lawsuits," Ms. Kupferstein stated.
Phyllis Kupferstein, HR & Employment Litigation
Arnold Friede was mentioned in the February 2008 issue of DTC Insights regarding his recent move from Pfizer as senior corporate counsel to counsel in McDermott's Health Law Department in Washington, DC.
Robert W. Zelnick was quoted in the February 2008 issue of Inside Counsel in an article regarding the use of trademark law to suppress online criticism. As a partner in McDermott's Intellectual Property, Media & Technology Department, Mr. Zelnick discussed the elements needed for a successful trademark infringement case including proof that the website is associated with the sale of goods or services and that use of the trademark confuses at least some of the plaintiff's potential customers. Mr. Zelnick noted, however, that, "people are afraid of losing their house in a legal proceeding, so the dominant response is to accede to the demands made of them. Very few of these cases hit a judge’s desk. The vast majority of law is being made outside judicial scrutiny."
Robert W. Zelnick, Intellectual Property, Media & Technology, Trademark/Brand Protection & Enforcement
Chip Kerby was quoted in the February 2008 issue of CFO Magazine about how now, progressive employers are thinking more broadly about how they manage health care, and searching for savings at the individual level. There is also a fiduciary risk associated with HRAs that should not be overlooked, said Mr. Kerby, especially since such accounts are not covered by ERISA.
Charles K. "Chip" Kerby III, Employee Benefits & Pensions, Employee Benefits Litigation, Health
Abbe D. Lowell was recognized in the February 2008 issue of American Lawyer as one of 14 Star Laterals of the Year.
Abbe D. Lowell, Trial, White-Collar Criminal Defense
Joan Polacheck was quoted in the February 2008 issue of ABI/INFORM in an article regarding Stark law. "The law specifically prohibits physicians with a financial relationship with a hospital from making a referral to that hospital for the treatment of Medicare patients unless there is a specific exception. The problem is there is a lot of gray and disagreement about how the law is interpreted," Ms. Polacheck said.
Morten Nissen and Philip Torbøl were quoted in a February 26 article published by the Danish newspaper Børsen in relation to the differences between acting before the Danish authorities and the European Commission. They explained that to be successful in cases before the European Commission you have to build up and utilize your network, understand cultural nuances and be very persistent. A spokesman for McDermott's client Dansk Kollektiv Trafik was also quoted as saying that they would not have progressed as far in their case if they had used a law firm in Copenhagen, and that "it is my experience that it is necessary to have somebody who is there [in Brussels] and who knows the system."
Morten Nissen, Philip Torbøl, Brussels, International, International Antitrust & Competition
Julie Kwon was mentioned in the February 25 issue of Tax Analysts for forwarding the Department of Treasury an article commenting on proposed regulations on qualified trust severances under section 2642. The Treasury withheld the contents of the article for copyright reasons.
Jeffrey F. Webb was quoted in the February 25 issue of Massachusetts Lawyers Weekly regarding his relocation to Boston to live as a legally married couple with his life partner, Mark Schuster, and the pair's twin sons. A lawyer in California since 1990, Mr. Webb noted that California has a "separate and equal approach to gay relationships; they call it domestic partnerships." Regarding his relocation, Mr. Webb noted that, "For us, it was not a specific legal benefit that we were looking for, it was more the fact of knowing that our family would be treated under the law the exact same way as other families and that we're just another family." As a new partner in McDermott's Boston office, Mr.Webb noted that, "I really wanted to practice at a level I was used to," and that McDermott has, "a similar international presence, the kind of client base, the firm management I found most similar to what I was used to and what I liked."
Jeffrey F. Webb, Employee Benefits Litigation, Trial
Andrew Liazos was quoted in the February 25 issue of Financial Week about how a tax ruling by the IRS could bring an end to the controversial practice of granting golden parachutes to top executives who are pushed out amid corporate failures. "The bad news is that they didn't listen to our arguments about the ruling being misguided," said Mr. Liazos. "The good news is that the position will be applied prospectively, meaning companies will have time to modify their plans."
Andrew C. Liazos, Employee Benefits & Pensions, Executive Compensation - Private Equity
Tom Jones was quoted in the February 25 issue of Business Insurance about how the captive insurance industry is savoring a huge victory in last week's Internal Revenue Service decision to withdraw a proposed rule that would have stripped hundreds of captives of a key tax advantage, but other regulatory threats remain. "It really was a three-pronged approach," said Mr. Jones.
Thomas M. Jones PC, Captive Insurance and Reinsurance, Tax
Brian E. Ferguson was quoted in a February 25 article published by IP Law360 regarding the U.S. Supreme Court's denial of Convolve Inc.'s petition for a writ of certiorari in Convolve Inc. et al. v. Seagate Technology LLC. As Seagate's appellate counsel, Mr. Ferguson commented on the decision which upholds the U.S. Court of Appeals for the Federal Circuit's landmark ruling on willfulness. "We think the decision from the Supreme Court is a welcome one as it provides certainty to the patent bar going forward, and it confirms the correctness of the en banc Federal Circuit's decision," he said. Regarding the petition's questions on enhanced damages and the selective waiver rule, Mr. Ferguson noted, "these are issues that come up all the time in all kinds of patent issues, and now we all understand that the Seagate rule is in place, and the Supreme Court, at least implicitly, agrees with it."
Brian E. Ferguson, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech
Tom Jones was quoted in the February 25 issue of the National Underwriter about how the IRS dropped its proposed captive tax proposal. Mr. Jones responded that the news is "gratifying -- a once-in-a-career event, maybe." He added that "apparently, they took the [industry's] comments seriously."
Thomas M. Jones PC, Captive Insurance and Reinsurance, Tax
T. Reed Stephens and Arnold Friede were quoted in the February 22 issue of Rx Compliance Report in an article regarding the FDA draft guidance that was issued regarding industry dissemination of medical or scientific journal articles. "It seems entirely probable that enterprising plaintiffs, particularly qui tam whistleblowers, are unlikely to defer to FDA's draft guidance in determining whether certain manufacturer conduct provides a potential basis for False Claims Act liability," Mr. Friede said. "Plaintiffs must push the envelope with state law consumer protection theories as an end-run around FDA's guidance," Mr. Stephens added.
Arnold I. Friede, T. Reed Stephens, Health, Life Sciences - Health
Reed Stephens was mentioned in the February 22 issue of RxCompliance Report in an article regarding the FDA draft guidance on industry dissemination of medical or scientific journal articles and how the guidance will impact the current enforcement frenzy surrounding off-label promotion. "Plaintiffs will push the envelope with state law consumer protection theories as an end-run around FDA's guidance," Mr. Stephens said.
Tom Jones was mentioned in the February 22 issue of Chicago Daily Law Bulletin for receiving the Captive Insurance Companies Association's 2008 Distinguished Service Award.
Thomas M. Jones PC, Captive Insurance and Reinsurance, Tax
Jeffrey F. Webb was quoted in the February 22 issue of Employment Law360 in an article regarding his recent move to McDermott Will & Emery. "The reason for my move to McDermott was the firm offered the kind of national and international platform that would be terrific for growing my practice," Mr. Webb said. Mr. Webb also noted that his previous experience serving as in-house counsel at Fox has given him valuable insight into working with a client base of in-house counsel. "If I'm talking to an in-house lawyer who has to report to a CEO or board of directors, I understand that my role is greater than just getting great results in the courtroom," he said.
Jeffrey F. Webb, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Arnold Friede and Robert Nicholas were quoted in the February 22 issue of FDA Webview in an article regarding the statements issued by the American Heart Association and the American College of Cardiology regarding the results of the Vytorin ENHANCE study. "Given the core First Amendment value of scientific speech by AHA and ACC about the ENHANCE study results, and their unquestionably sensible— benign —recommendation that patients speak with their doctors before precipitously stopping Vytorin, the fact that they have become objects of congressional investigations and have even been asked to name names about the preparation of their respective statements, suggests that there is a chill wind on free speech blowing from Capitol Hill," Mr. Friede and Mr. Nicholas said.
Arnold I. Friede, Robert B. Nicholas, Health
Arnold Friede was mentioned in the February 22 issue of RxCompliance Report in an article regarding the FDA draft guidance on industry dissemination of medical or scientific journal articles and how the guidance will impact the current enforcement frenzy surrounding off-label promotion. "No matter how liberal or restrictive the underlying FDA criteria for permissible dissemination of off-label journal articles by drug and device manufacturers, the FDA draft guidance does not address whether and how compliance with the states criteria would insulate manufacturers from liability under other statutes such as the False Claims Act," Mr. Friede said.
Tom Jones was quoted in the February 20 issue of Financial Week about how the IRS has dropped a proposed rule that would have stripped a key tax break utilized by hundreds of captive insurance companies. "The IRS took the comments to heart and this is the result. We are ecstatic," said Mr. Jones.
Thomas M. Jones PC, Captive Insurance and Reinsurance
José Rivas was quoted in the February 20 issue of Global Competition Review in relation to the provisional leniency guidelines published by the Spanish Competition Commission. Mr. Rivas disagrees with the view of some people in Spain who have been critical of the practical consequences and efficiency of a leniency programme, and points out that in the European Commission's recent bitumen cartel investigation, BP was the whistleblower, and implicated several Spanish companies in exchange for immunity over price coordination in the Spanish market. "In these cartel situations, there are always firms with an international dimension, and they are likely to want to use the programme," Mr. Rivas said.
José Rivas, Brussels, EU Competition, International Antitrust & Competition, Spain
Paul-Michael Rebus was quoted in the February 18 issue of Total Securitization regarding the decision by Standard Chartered to no longer provide liquidity support to its Whistlejacket structured investment vehicle. The SIV went into receivership after breaching its capital value trigger. "It seems probable that they will liquidate and start selling off the assets at fire-sale prices. Therefore, it seems fair to make the assumption that the investors are going to end up losing money, along with a lot of service providers down the line," said Mr. Rebus.
Paul-Michael Rebus, London, Structured Finance - London
Stephen M. Ryan was quoted in a February 15 article published by Newsday regarding the potential federal investigation into whether Roger Clemens and Brian McNamee committed perjury, witness tampering and obstruction of justice at a recent congressional hearing. As a partner in McDermott’s Government Strategies Practice Group, Mr. Ryan discussed the likelihood that federal prosecutors would initiate investigations into incidents that allegedly occurred in their jurisdictions. "It was the equivalent of a nuclear explosion going off; [a prosecutor] can't look away," he said. Mr. Ryan noted that while Clemens' decision to testify was a mistake, it may be hard to criticize the baseball player's need to clear his name. "You're not Roger Clemens, and you have not won seven Cy Young Awards," he said.
Stephen M. Ryan, Government Strategies
José Rivas was quoted in the February 15 issue of Global Competition Review regarding the decision by the ECJ to overturn the Spanish law that prevents foreign companies controlled by the government of another state from exercising more than three percent of voting rights in a Spanish company in the energy sector. "The quashing of the so-called 'anti-EDF law' by the European Court of Justice is in practice one less major obstacle for EDF to enter the Spanish electricity market," said Mr. Rivas.
José Rivas, Brussels, EU Competition, International Antitrust & Competition, Spain
José Rivas was quoted in the February 14 issue of Competition Law360 in relation to an ECJ ruling which prohibits the Spanish Government from limiting the voting rights of foreign buyers attempting to take over Spanish companies. Mr. Rivas commented that the ruling creates an opportunity for foreign energy companies looking to break into the Spanish market. "The quash of the so-called 'anti-EDF law' by the ECJ is in practice one major obstacle less for EDF to enter the Spanish electricity market."
José Rivas, Brussels, EU Competition, International Antitrust & Competition, Spain
David M. Beckwith was quoted in a February 11 article published by the San Diego Business Journal regarding a patent infringement lawsuit set to determine whether patent holders can collect royalties and sue subsequent purchasers of patented goods. As a partner in McDermott's Intellectual Property, Media & Technology Practice Department, Mr. Beckwith stated that the case would affect "likely any area of manufacturing where you are putting limits on how the technology can be used or hope to use it." Regarding the sale of products with contractual restraints, Mr. Beckwith added that "there’s a fairly long history of being able to impose some restrictions of use of what you can do with the patented article."
David M. Beckwith, Intellectual Property, Media & Technology
José Rivas was quoted in the February 11 issue of Global Competition Review in relation to dawn raids carried out by the Spanish National Competition Commission on two waste disposal companies suspected of possible anti-competitive practices. "This is another dawn raid which has not been prompted by a leniency application. It surprises me that the commission is being so aggressive," said Mr. Rivas. He added that the "authority is like a lion marking its territory. It is more active than it has ever been."
José Rivas, Brussels, EU Competition, International Antitrust & Competition, Spain
Joel G. Chefitz was quoted in a February 8 article published by the Chicago Tribune regarding the urgency felt by bankers and executives to complete complex deals and mergers while President Bush is still in office. Mr. Chefitz stated that the threat of political change can be an effective tactic for accelerating negotiations. "Having been through a lot of mergers, I'd say that those pushing a merger are probably focusing on this being the last year of a Republican administration. That may be more a matter of negotiation than genuine concern," he said.
Joel G. Chefitz, Mergers & Acquisitions, Trial
Christopher D. Man was quoted in a February 6 article published by the Washington Blade regarding Seaman John Dokken's petition to change his 1969 "other than honorable" discharge to an "honorable" discharge. Mr. Man stated that the Navy violated the Fifth Amendment's protection against self-incrimination, failed to provide a hearing in which Dokken could contest the allegation of homosexuality and violated the "Don’t Ask, Don’t Tell" policy by interrogating Dokken about his sexuality. "The Navy cannot redress that injury or erase the years of suffering Mr. Dokken has endured as a result of the Navy's wrongdoing, but the Navy can wash away the blight of the discharge that remains on Mr. Dokken's military record," Mr. Man states in his petition. Regarding the access Dokken would gain to limited military benefits, Mr. Man said, "It's not really about benefits—it's really largely symbolic in this case."
George Heisler was quoted in the February 5 issue of Chicago Daily Law Bulletin about the importance of legal services for the poor. "It's always seemed to me that we have a duty to provide service to the community using the talents we have," Mr. Heisler said.
Quentin G. Heisler Jr., Private Client
Art Rosen was quoted in the February 5 issue of State Income Tax Monitor about how the U.S. Supreme Court won't hear arguments from two affiliated limousine companies and their owner who say New York authorities persecuted them with a sales and use tax assessment. "You need to be able to prove that there was malicious intent," said Mr. Rosen. "There are people in the department of taxation that do tend to probably act in that way, but it's difficult to prove," he added.
Arthur R. Rosen, State & Local Tax, Tax
Yannis Virvilis was quoted in the February 4 issue of Competition Law360 in an article discussing the unlikelihood of a merger between Google and Yahoo being approved by competition regulators. Mr. Virvilis said that it seemed "very hard to imagine" any formal understanding between Google and Yahoo that would not necessitate close scrutiny by the European Commission. "Close cooperation is likely to raise significant antitrust issues and may be a deal-breaker. In the EU, it is very difficult to circumvent merger control rules through forming an alliance," said Mr. Virvilis
Yannis Virvilis, Brussels, EU Competition, International Antitrust & Competition
Stephen W. Bernstein and Jennifer S. Geetter were quoted in the February 1 issue of Mass High Tech in an article regarding the state of Massachusetts funding stem cell research. "States see it as a hot new thing, and that's debatable. But in Massachusetts we have all the raw expertise and can use legislation to springboard what's already here," Mr. Bernstein said. "State programs can clarify legal aspects. It's an opportunity for states to clear up any state regulations which may impede stem cell research. State privacy laws are a patchwork, and you can get tangled in ways the legislation didn't intend," Ms. Geeter said.
Stephen W. Bernstein, Jennifer S. Geetter, Health, Life Sciences & Medical Devices, Life Sciences - Health
George Heisler was quoted in the February issue of Chicago Lawyer in an article on what law firms are doing to define their cultures and separate themselves from the rest. "Part of the culture has to be that we are fair and supportive to our younger lawyers," Mr. Heisler said. "We spend very significant amounts of money training and developing new lawyers. We are assuming in the highly technical world we exist in that most schools don't prepare our lawyers for the highly technical practice areas we have. There has to be a commitment to that teaching."
Quentin G. Heisler Jr., Private Client
Stephen W. Bernstein was quoted in the February 2008 issue of Briefings on HIPAA in an article regarding healthcare organizations facing the prospect of preemptive, third-party compliance evaluations because PricewaterhouseCoopers has contracted with CMS to conduct security audits of covered entities. "Because the scrutiny rule's implementation specifications are generally more technical and more apparently to employees than the privacy requirements, expect more feedback about security policies and procedures from staff members than from patients," Mr. Bernstein said.
Stephen W. Bernstein, Health, HIPAA
Kate Learoyd was quoted in the February 1 issue of the International Law Firm Review on the UK Treasury Committee's plans to strip bank shareholders of their voting rights. The Committee wants to create a new banking authority that can nationalize shareholder votes if their bank is deemed to be heading for insolvency. Shareholder consent would not be necessary. Ms. Learoyd commented, "Shareholders might argue that this was illegal expropriation – it could be quite controversial." Commenting on banks responding with clearer divisions between their retail and wholesale operations, Ms. Learoyd said, "Investment banks will want access to retail deposits but they will not want their shareholders exposed to the risk that control over the bank is lost in order to protect retail depositors. If you put structured finance lawyers in a room for long enough, they might find a way of achieving that!"
Brian E. Ferguson was quoted in a February 1 article published by Managing Intellectual Property regarding the U.S. Court of Appeals decision in Convolve, Inc. v. Seagate Technology LLC. Mr. Ferguson noted that with the duty of due care removed, defendants feel less pressure to obtain traditional written opinions which can be both expensive and time-consuming. "What's happened is that companies feel more comfortable getting verbal analysis from outside or in-house counsel," he said. He also noted that the number of judgments as a matter of law in willful infringement cases is on the rise, "I do think you're seeing a trend where the district courts feel they can address the question on summary judgment. I think you'll see fewer cases get to a jury." As for the Seagate ruling, "Now, there's less confusion and the cost of litigation has dropped, and that's good for everyone," Mr. Ferguson added.
Brian E. Ferguson, Intellectual Property, Media & Technology, Litigation - IP, Media & Tech, Patent Prosecution
Morten Nissen and Yannis Virvilis were quoted in the February 1 issue of Competition Law360 in relation to Microsoft's bid to acquire Yahoo and provide a greater challenge to Google's dominance of the online advertising market. They believe that the deal would have difficulties receiving clearance given the size of Microsoft and Yahoo, as well as the markets in which they are active. "In the EU, given the positioning of Google in the markets for advertising and search engines (especially after the DoubleClick deal), the European Commission will maybe not concentrate so much on the horizontal issues of the Microsoft/Yahoo deal as on the vertical issues arising from Microsoft's positioning in the desktop market."
Morten Nissen, Yannis Virvilis, Brussels, EU Competition, International Antitrust & Competition
Robin Greenhouse was referenced in the January issue of The Tax Adviser about FIN 48 compliance. "Effective tax rate reconciliation workpapers, whether created by the taxpayer or the auditor, are part of the tax accrual workpapers" and are thus subject to restraint, Ms. Greenhouse was cited.
Robin L. Greenhouse, Tax, Tax Controversy
Paul-Michael Rebus was quoted in the January 2008 issue of International Securitization Report in relation to the downturn in the ABS sector. However there is anecdotal evidence that the market is gearing for a comeback, with Mr. Rebus commenting on the success of the London team. Mr. Rebus said "We've been working on a number of different types of transactions including restructuring SIV's on behalf of capital noteholders, restructuring a number of European multiseller ABCP conduits and doing a number of synthetic based securitization structures."
Paul-Michael Rebus, London, Securitisation - London, Structured Finance - London
Russell Hayman has been selected as one of Nightingale's Healthcare News' "Outstanding Healthcare Litigators" for 2007. Mr. Hayman was recognized as having successfully defended a client in a qui tam case regarding allegation of plagiarism with respect to endocrinology data submitted to National Institutes of Health (NIH) in support of an NIH grant application. He was also recognized for having successfully defended a client against claim that genetic research data had been falsified. Mr. Hayman is one of the 12 healthcare litigators throughout the United States to make the list.
Paul Devinsky was quoted extensively in the January 2008 issue of Technology Transfer Tactics in an article regarding sublicensing strategies for tech transfer offices. Click here to access the full text article.
Paul Devinsky, Intellectual Property, Media & Technology, Licensing
Gregory K. Lawrence was quoted in the January 28 issue of Energy Law360