Media Mentions
2010
Lanny Davis was the subject of a lengthy March 5 Wall Street Journal interview concerning his centrist views on a variety of partisan issues, particularly whether tort reform should be part of the health care reform bill. Mr. Davis stated his belief that it should be, acknowledging as a liberal Democrat that "it's unspeakable in liberal circles. We have to start making it speakable." His view is that any medical malpractice reform must "take care of malpractice victims while also taking care of doctors without pushing them over a precipice or ... making them practice defensive medicine ..." One way that Mr. Davis suggests to do this is to limit the power of juries to award punitive damages in malpractice litigation, by implementing "a mandatory arbitration system ... with limited periods of discovery. Each party would propose a figure and put it on the table.... The arbitrator at the end of the day can pick one number or the other."
Lanny J. Davis, Government Strategies, Legal Crisis Communications
Yar Chaikovsky commented forLaw360 about the uncertain prospects for patent reform legislation that has passed the House of Representatives and is now before the Senate. Mr. Chaikovsky said he was hopeful that the legislation, the first major reform in patent law in 55 years, would move forward, but added a note of caution: “It’s nice that the bill came out of the Senate Judiciary Committee, but that’s still a long way from it pushing through different constituencies and interests, let alone meshing with the House bill.”
Yar R. Chaikovsky, Intellectual Property, IP Litigation
Fredric (Rick) Firestone and Michael Ungar are featured in Legal Bisnow (March 9). Both lawyers, formerly senior members of the Security and Exchange Commission’s Division of Enforcement, have joined McDermott’s SEC Defense practice. The article states that Mr. Firestone and Mr. Ungar both say that they were drawn to McDermott because of multiple synergies between their practices and both the Firm’s white collar defense group and its energy and derivatives practice.
Fredric D. Firestone, Michael A. Ungar, SEC Defense, Securities Litigation, White-Collar Criminal Defense
Edward Leibensperger is mentioned in a March 9 story by Children’s Rights concerning the lack of progress in a comprehensive Michigan child welfare reform effort required by a federal court order. The order came as the result of Dwayne B. v. Granholm, a 2006 child welfare reform class action lawsuit filed by Mr. Leibensperger on behalf of Children’s Rights.
Edward P. Leibensperger, Trial
Howard Steinberg is mentioned in The National Law Journal on March 8 for his appointment by New York Governor David Patterson to serve as chairman of the Long Island Power Authority, a regional electric utility.
Howard E. Steinberg, Corporate
Peter Townshend was quoted by the San Diego Union-Tribune on March 7, in a story that discussed the drop in venture capital investment funding since 2007. “The consensus is that we’ll be seeing some underperforming venture funds going under this year and next,” Mr. Townshend said about the ongoing decline. He added that if the economy doesn’t improve, “you could see pension funds, which are the biggest backers of venture capital, decide that they’re not worth the risk, and that would be a true catastrophe for the venture market.” Mr. Townshend also noted that proposals for large companies like pharmaceuticals to step into the funding gap would not work in such other fields as telecom or software.
Peter N. Townshend, Corporate, Life Sciences - Corporate
Steven Scholes is mentioned in a March 6 Wall Street Journal profile of Thomas Quinn, who according to the story has been involved in securities fraud for more than five decades. Mr. Scholes recalled that, when he was deposing Quinn while serving as a receiver for the SEC in a 1996 Quinn-related case, a plane flew by towing an advertising banner that read, “Leave Tommy Alone.” Mr. Scholes said he couldn’t help but laugh as Quinn read the message out loud.
Steven S. Scholes, SEC Defense, Securities Litigation, Trial
Stephen Ryan is noted by Law.com in its March 5 summary of an important decision by the Third Circuit Court of Appeals. Mr. Ryan had appeared before the court representing the Free File Alliance (FFA), a group of leading nationwide tax preparers. In its decision on class action litigation brought against the FFA, the Third Circuit ruled that the fees charged by FFA members for electronic filing of federal tax returns are not illegal, and the FFA’s agreement with the Internal Revenue Service to charge those fees does not violate antitrust laws.
Stephen M. Ryan, Government Strategies, Trial
Dennis White is quoted in a March 4 Business Wire dispatch about the Association for Corporate Growth’s new officers and Board of Directors. Mr. White was 2009-2010 Chairman of ACG during what he called “an extraordinary year” with a “challenging financial climate.” For 2010-2011, Mr. White will become ACG’s Immediate Past President.
Daniel Haley was quoted in a March 3 Boston Herald story on questions raised about whether a group of corporate executives, the Massachusetts Competitive Partnership, should be considered lobbyists under the state’s tough new lobbying law. While not commenting on the group itself, Mr. Haley noted that the controversy illustrated “the law’s enormous gray areas,” citing the issue of whether a chief executive’s corporate salary should be counted as a “lobbying payment.”
Daniel P. Haley, Government Strategies
Kam Quarles was featured in a March 3 story on ThePacker.com that covered his move from the Washington, DC-based United Fresh Produce Association to McDermott’s Government Strategies Group. Mr. Quarles was VP of government relations and legislative affairs for the Association (which said he will be “hard to replace”), and will add to the strong agricultural component of the Firm’s Government Strategies team. Noting that “I’m really not going very far,” he will be involved in many of the same governmental issues at McDermott.
W. Kam Quarles, Federal Legislative Matters, Government Strategies, State Legislative Matters
Peter Townshend reviewed current trends in the financing of technology companies in a March 2 San Diego Union-Tribune article. “Things are looking better than last year,” he said about credit conditions, “but that’s not saying much.” Mr. Townshend expressed his belief that “we hit bottom last year and are probably on our way up” in terms of startup financing, adding that “for exceptional companies this might be one of the best times to get funding,” because “these days the VCs [venture capitalists] are eager to fund a good company.”
Jeremy Elman was mentioned in the March 2 Broward Daily Business Review for having received the 2009 Wavemaker Award from the Surfrider Foundation board of directors. The Award recognizes Mr. Elman’s volunteer support for the organization and its mission of protecting oceans, waves and beaches.
Jeremy T. Elman, Intellectual Property, Pro Bono & Community Service
Thomas Murphy was quoted in a March 2009 CFO Magazine story concerning a recent Securities & Exchange Commission update to its Regulation G, which covers the disclosure of financial information. Some observers have stated that the update encourages companies to use more non-GAAP financial measures in their SEC filings, but Mr. Murphy suggested that the SEC’s new guidance in effect is a reminder that the agency takes Regulation G seriously. “Whenever the SEC puts out a new series of interpretations,” he said, “it shows an area of focus by the SEC and focuses people’s attention on it again.”
Thomas J. Murphy, Securities, Securities Law Compliance & Offerings
Daniel Haley was quoted in a March 2010 Massachusetts Lawyers Journal story about the increased lawyer interest in the state’s Republican Party following Republican Scott Brown’s election to the U.S. Senate. Mr. Haley, who has long been active in state politics and government as a Republican, cited the new level of interest, saying “The most frequent comment I’m hearing at meetings now is, ‘We’re seeing a lot of new names.’ … Excitement is building. It’s more fun and interesting when you have a chance to win.” Mr. Haley added about his political involvement that, “My firm has been very, very supportive of me. … It’s a civic-minded firm. But you don’t let your client work suffer.”
Daniel P. Haley, Government Strategies
Robin Greenhouse commented in a March 1 Tax Analysts story about a District of Columbia federal court panel’s questioning of the Internal Revenue Service in a case involving the scope of work product protection that applies to work papers created by an independent auditor. Ms. Greenhouse, who attended the hearing, said the panel was highly skeptical of the IRS contention that an attorney’s litigation strategy loses its work product protection if communicated to the auditor. “With respect to this issue, based on the court’s questions and demeanor, I would expect the court to hold that the work product protection applies to an auditor’s recording of the attorney’s analysis,” she said, “but that the case should be remanded for an in camera review … to determine if redaction is appropriate under this holding.”
Carey Jordan and Iona Kaiser were mentioned by Texas Lawyer on March 1 as having joined McDermott’s Houston office as partners. The publication also noted that Andrew Metrailer and Melody Wirz had joined the Firm as associates.
Carey C. Jordan, Iona Kaiser, Andrew Metrailer, Melody Wirz, Energy and Derivatives Markets, Intellectual Property
Todd Solomon was featured in a February 2010 story in the Chicago Bar Foundation’s Guardians of Justice newsletter concerning the pro bono support that a team of 10 McDermott lawyers is providing to the AIDS Legal Council of Chicago (ALCC). Mr. Solomon and his team joined with the Nonprofit Legal Assessment Program to assist the ALCC with a wide range of legal issues. Mr. Solomon described the program as “uniquely successful,” in that it gives the McDermott lawyers “in-area” pro bono experience with their practice areas. As a result of the program, McDermott attorneys now take on pro bono cases from ALCC, the Firm has increased financial sponsorship, and Mr. Solomon has joined the board of directors.
Todd A. Solomon, Employee Benefits & Pensions, Pro Bono & Community Service
Richard Mitchell was interviewed by the BBC’s “Business Day” (February 26) regarding the growing practice of global companies filing for bankruptcy or insolvency in the countries where it is most advantageous to do so (for example, to take advantage of “pre-packaged administration” in the UK). The practice illustrates that insolvency laws have not kept up with the global nature of business. “As finance has globalized it has effectively outrun the legal boundaries with which it grew up,” Mr. Mitchell stated. “We now have global companies with complex global financial arrangements that are confronted by quite different legal requirements in different countries, which makes the process very complicated and difficult to deal with.”
Richard Mitchell, Banking and Finance - London, Finance & Banking, London, Restructuring & Insolvency
Kenneth Irvin commented for Reuters (February 26) on the growing trend of energy exploration companies entering long-term supply contracts to market their production directly to utilities, rather than through financial intermediaries. Speaking of the Lehman Brothers bankruptcy, Mr. Irvin said: “Pre-Lehman, you’d sell to a Morgan Stanley or a Goldman and that would be considered a solid credit. Post-Lehman, people are rethinking.” Mr. Irvin added his belief that utility companies will make multiyear gas supply contracts part of their diverse portfolio of energy supply, viewing it like a homeowner would an insurance policy: “Thank God you have it when the roof blows off.”
Kenneth W. Irvin, Energy and Derivatives Markets
Eric Conn was quoted on the Top Colleges Blog (February 24) regarding an Illinois federal judge’s order that an Internet-based company stop selling college term papers unless it can prove that it has permission from the authors to sell them. The ruling represents the first time a court has penalized a term paper seller for the way it acquired the papers, and Mr. Conn, who represented a number of authors, declared, “We’d like to stop this practice or get as close to stopping [it] as we can.”
Christopher Jedrey was interviewed February 24 by Health Leaders Media concerning the interaction between potential health reform legislation and ongoing consolidation in the health care industry. "Consolidation is ongoing on the provider and the insurer side, and will come from the cost and quality pressures that are driving reform legislation," Mr. Jedrey said. He noted that the last reform effort in the 1990s was a major driver for consolidation on the insurer side, and now believes that "the pendulum is swinging back" toward more consolidation among providers, both physicians and hospitals. "Providers are scrambling to catch up with the insurers to consolidate and achieve a similar level of cost efficiencies, particularly as physicians seek to participate in the value-based purchasing systems of hospitals," Mr. Jedrey stated, "and insurers are working collaboratively with the provider community to help realize their cost reduction goals."
Christopher M. Jedrey, Health, Health - Insurance
Byron Kalogerou was featured in a February 24 Boston CityBizList story about the completion of a $5 million mixed securities offering by Myriant Technologies, a developer and manufacturer of renewable biochemicals. Mr. Kalogerou, a partner in McDermott’s Boston office, is named as executive officer of Myriant’s in the company’s Reg D Securities & Exchange Commission filing about securities offering.
Gary Rosenbaum and Jean LeBlanc were included in a February 22 assessment of continuing economic risk made by The Commodity Trading Advisor. The article cites a study that the two lawyers did concerning substantial recent debt for leveraged buyouts (LBOs) and mergers and acquisitions, for which the borrowers "will be facing a decidedly different environment as their 2005-2006 vintage credit facilities mature." Mr. Rosenbaum and Ms. LeBlanc say fewer refinancing options and reduced lender appetite for risk will mean that many LBO borrowers will "find themselves without any realistic refinancing prospects," which they believe will lead to defaults and bankruptcies. The lawyers say that these borrowers "need to confront the reality of today's frozen credit environment" and "meet head on the current challenges by exploring deleveraging devices and other options that will be evolving during the remainder of this restructuring cycle."
Jean B. LeBlanc, Gary B. Rosenbaum, Corporate, Finance & Banking, Restructuring & Insolvency
Blake Winburne and Matt Archer are both mentioned in a February 22 National Law Journal story that notes that the two lawyers have become partners in McDermott’s Houston office. Mr. Winburne will focus on transactions involving electric power and renewable energy, while Mr. Archer’s practice emphasis will be on energy project development and finance.
Matt Archer, Blake H. Winburne, Energy and Derivatives Markets
David Hanselman spoke to the National Law Journal on February 22 regarding a settlement that Chicago area hospitals reached with a group of nurses who had alleged the hospitals conspired to depress their wages. A federal court had denied class certification to the plaintiffs last fall, and Mr. Hanselman, who represents one of the hospitals, stated that the case was “settled for a very small fraction of what it would have cost to defend the case going forward.” He explained that “the defendants felt we had a good chance of winning on summary judgment, but the amount that we settled for was far less than the amount it would cost to draft a summary judgment [motion].” Click here to read the full article.
David L. Hanselman Jr., Class Action, Health Care Litigation
David Marx was quoted in a February 19 Law360 story concerning a New York federal judge’s rejection of class certification for a group of nurses whose lawsuit alleges that a group of hospitals in upstate New York violated antitrust laws by conspiring to keep the nurses’ wages low. “We are happy that the judge reaffirmed his previous ruling that even a narrower class could not be certified as to the issues of injury-in-fact and damages,” declared Mr. Marx, who represents an Albany medical center that is one of the defendant in the suit. He added that Judge McAvoy’s ruling was particularly satisfying because it “rejected the plaintiffs’ belated attempt to seek certification of a different class, both because it was procedurally improper and factually unjustified.”
David Marx Jr., Health - Antitrust, International Antitrust & Competition, Trial
Eileen O’Connor is quoted and Lanny Davis is mentioned in a February 19 Law360 story on crisis management that contains mention of the Firm’s new Legal Crisis Strategies blog, for which both write. Ms. O’Connor stated that the blog and McDermott’s other crisis management strategies can be of great help to lawyers, who are uniquely positioned to handle crises but often lack expertise to handle the media. “They tend to deal with it just from the PR side and less so from marrying the two disciplines,” Ms. O’Connor said of lawyers. “They silo it.”
Lanny J. Davis, Eileen M. O'Connor, Government Strategies, Legal Crisis Communications
David Marx was quoted by Law360 on February 18 concerning a Chicago federal court’s decision granting summary judgment in favor of Mr. Marx’s hospital client in an antitrust suit brought by developer and operator of medical centers. The suit had contended that the hospital had lobbied local officials in Lake Bluff, IL to reject a building permit for a new medical center. “This case reaffirms the principle that a land or zoning dispute, which frequently pits one competitor against another – like this case did – doesn’t necessarily constitute an antitrust case,” Mr. Marx said. He added that the case “helps illustrate the difference between legislative conduct and adjudicative conduct.”
David Marx Jr., Health - Antitrust, International Antitrust & Competition, Trial
Carol Harrington was quoted by the New York Times on February 18, in a story about how the failure by Congress to address the expiration of the estate tax at the end of 2009 is causing uncertainties that could paralyze the resolution of financial affairs after a death. Speaking of the inability of estate planners to address financial complications for persons who lose a loved one this year, Ms. Harrington declared, “It’s a sad situation that the government lets us twist in the wind while people have to make decisions.” She cited as an example the need for executors to delay selling assets in an estate because the tax implications of a sale are unclear.
Carol A. Harrington, Private Client
Eileen O’Connor was quoted February 18 on ABA Journal.com concerning the initial post which she made on the Firm’s new Legal Crisis Management blog. Ms. O’Connor wrote about how the Internet changes the dynamic of crisis risk management for lawyers and clients, because, as she explained, it means that “Cases are no longer litigated in private. But too often lawyers will say ‘no comment.’ And because people don’t understand the facts, a company’s reputation is trashed by the time the case goes to trial.” Ms. O’Connor added that the Crisis Management blog “will try to help explain to people ways to minimize legal risk and mitigate damage, while appeasing the marketplace and stakeholders.”
Lanny J. Davis, Eileen M. O'Connor, Government Strategies, Legal Crisis Communications
William Smith was quoted February 17 by The Bond Buyer concerning the bankruptcy filing by a Las Vegas monorail operator that was in default on more than $600 million in tax-exempt revenue bonds. Mr. Smith represents a client who seeks to have the bankruptcy case dismissed on the basis that the operator is a governmental entity and not eligible for Chapter 11. “Since these are governmental purpose bonds, … the bonds could only have been issued if this was an instrumentality of the state of Nevada.” Mr. Smith called the bankruptcy filing “a manufactured crisis,” and added: “There’s no particular reason why [the operator] needs to be in Chapter 11 today or in any other proceeding today. It’s not a question of whether or not its debts need to be adjusted – they will. The issue is going to be the circumstances by which they are worked out.”
William P. Smith, Corporate, Restructuring & Insolvency
Lanny Davis was quoted in a February 17 Legal BisNow story on a new Legal Crisis Management blog that he, Eileen O’Connor and other members of the Government Strategies Group have started. Mr. Davis said the blog will feature commentary on “general do's and don'ts of effective legal crisis management, emphasizing three legs of the stool—law, media, and legislative/Congressional strategies.”
Lanny J. Davis, Eileen M. O'Connor, Government Strategies, Legal Crisis Communications
David Kays was quoted in The Recorder’s February 16 profile of John Bates, Jr., a noted alternative dispute resolution practitioner. Mr. Kays said he has mediated 10 to 15 cases with Bates, and noted: “We’ve had a 100 percent success rate. I’ve never not settled a case with John.”
David A. Kays, Intellectual Property
Dennis White spoke to dBusinessNews on February 11 (in a story also carried February 12 on CarolinaNewswire.com) about a new report by the Association for Corporate Growth (which Mr. White chairs) concerning middle-market deal activity. The report “highlights the vibrancy of middle-market private equity deals,” Mr. White said. “In the most difficult capital market in decades, private investors continued to find values and value in the middle market.” He added that through such deals, middle-market private equity firms “are growing the economy and creating new job growth, one investment at a time.”
Dennis J. White, Mergers & Acquisitions, Private Equity
Michael Peregrine was quoted by BNA’s Health Law Reporter (February 11) concerning the impact that changes to the federal sentencing guidelines could have on the compliance programs of hospitals and health systems. Mr. Peregrine said the changes emphasize that “the definition of what constitutes an ‘effective compliance plan’ … remains living, breathing and subject to periodic modification.” He noted that some elements of effectiveness include a strong document retention program and a direct compliance officer reporting relationship to the board of directors. Mr. Peregrine added that the guidelines also cite self-reporting, cooperation with authorities and restitution of damages as desirable responses after an organization detects criminal conduct.
Michael W. Peregrine, Conflicts of Interest - Health, Corporate Responsibility and Governance, Health
Stephen Ryan was interviewed on February 10 by Federal News Radio concerning the Foreign Corrupt Practices Act. “The United States has been the leading country in the world to criminalize the conduct of its own companies,” he noted, calling some of the penalties imposed by the Department of Justice “eye-catching” and “astonishing.” Mr. Ryan said that FCPA matters encompass both “serious lapses” in corporate conduct and “overzealousness and abuse” in some government prosecutions. He added: “Usually in the United States we indict corrupt government officials and use corporations as witnesses against them. In FCPA matters the foreign officials are corrupt but we can’t reach them with our laws, so we indict the companies as the bad guys.”
Stephen M. Ryan, Government Strategies, International Government Relations
Blake Winburne was included in a February 9 Oil & Gas Investor story (which also appeared in Oil and Gas Financial Journal and the Houston Chronicle) that covered his move to McDermott to become a partner in the Energy & Commodities Advisory Practice Group in McDermott’s Houston office. Joining Mr. Winburne in the move were partner Matt Archer and associates Brad Gathright and Kimberly Glasspool. The four lawyers will focus on energy project development, finance, and mergers and acquisitions. Speaking for his three colleagues, Mr. Winburne said, “We are thrilled with the opportunity to join McDermott and continue the firm’s commitment of service to the global energy industry.”
Matt Archer, Brad Gathright, Kimberly Brame Glasspool, Blake H. Winburne, Energy and Derivatives Markets
Hugh Nineham was quoted on February 8 by The Lawyer in an extensive story about McDermott’s London office. Describing the office as “a group of people who get on with each other and want to work with each other,” Mr. Nineham said that a primary focus of the new strategic plan and business unit organization is that the Firm is “determined to integrate all the lawyers into the practice groups internationally.” He noted that “this is all still a work in progress … [but] we now have a sense of direction and purpose,” and added concerning the new strategy and organization: “We’re not planning to be all things to everybody.… We’re looking to identify core strengths that we can scale, that can be profitable and international.”
Bobby Burchfield discussed for The Hill’s Pundits Blog (February 8) the U.S. Supreme Court’s Citizens United decision, which overturned a portions of the McCain-Feingold law banning corporate advocacy ads before federal elections. Citing “the self-evident point that the First Amendment does not distinguish among speakers,” Mr. Burchfield supported the view that corporate advocacy is a legitimate form of political commentary. “[I]t makes no sense for Fox Broadcasting, the Washington Post Company, or other major media to have the right to editorialize, endorse or attack candidates on Election Eve, while the National Rifle Association, NARAL or even Exxon cannot,” he stated.
Gordon Greenberg was noted in a February 8 story on Law.com concerning the SEC’s voluntary dropping of securities fraud allegations tied to stock options backdating against four former executives of Broadcom Corp. Mr. Greenberg represented one of the company’s co-founders in the case.
Gordon A. Greenberg, Trial, White-Collar Criminal Defense
John Lee was mentioned in a February 8 item in The Recorder concerning his return to McDermott as a partner in intellectual property litigation. He previously had been with the Firm from 2004 to 2008, and rejoined after practicing with another Firm.
John A. Lee, Intellectual Property, IP Litigation
Edward Leibensperger was mentioned in a February 7 post on the “Protecting our children from being sold” blog (citing a news release from the organization Children’s Rights), concerning a Michigan federal court’s approval of a settlement agreement requiring comprehensive reform and federal court oversight of Michigan’s child welfare system. Mr. Leibensperger was co-counsel in the Dwayne B. v. Granholm lawsuit (filed in 2006 in conjunction with Children’s Rights) that led to the settlement.
Edward P. Leibensperger, Pro Bono & Community Service, Trial
Yar Chaikovsky was mentioned in a February 4 story on major lateral moves by attorneys in 2009, as carried by the Broward Daily Business Review. Mr. Chaikofsky, one of the first patent lawyers at Yahoo!, left another major law firm to join McDermott late in the year.
Yar R. Chaikovsky, Intellectual Property, IP Litigation
Lanny Davis spoke to dBusinessNews on February 3 about an ad hoc group formed by Americans of Pakistani descent to support democracy in Pakistan. Mr. Davis, who represents the group along with McDermott’s Eileen O’Connor, said that the persons who created it have found recent developments in Pakistan “troubling for the future of democracy and democratic institutions there.” Mr. Davis added that “Pakistan is a critical ally to the United States in the war on terror and its elected officials have supported renewed military action against militants in South Waziristan. That support must not be undermined by those who want to destabilize the government for political gain.”
Lanny J. Davis, Government Strategies
Fredric Firestone was featured in a February 3 US Fed News story that discussed his announced departure as an Associate Director of Securities and Exchange Commission’s Division of Enforcement to become a partner in McDermott. During his 12-plus years at the SEC Mr. Firestone oversaw investigations and enforcement actions in all major program areas, and the Director of the Division of Enforcement called him “a first-rate talent … [who] will be sorely missed.” Mr. Firestone called his tenure at the SEC “an honor and a privilege.”
Fredric D. Firestone, Michael A. Ungar, SEC Defense, Securities Litigation, White-Collar Criminal Defense
Carol Harrington told Law.com on February 2 (in a story also carried that day in The National Law Journal and The Recorder) that she is one of many estates and trusts lawyers whose clients need advice and counseling about their legal documents after Congress failed to reinstate the federal estate tax that expired on December 31, 2009. “This is a huge time-waster,” Ms. Harrington said, speaking of a review she is making of a 125-page list of clients who might need help. “We’re going to spend hundreds of hours just trying to figure out what it all means.”
Carol A. Harrington, Private Client
Yar Chaikovsky was mentioned in a February 2 Law.com story about law firm lateral partner moves in 2009. The story noted that Mr. Chaikovsky was one of the first patent lawyers at Yahoo! Inc. and called him a “high profile” partner at his former firm before he joined McDermott’s Silicon Valley office late in 2009.
Yar R. Chaikovsky, Intellectual Property
Joanne Ludovici-Lint was quoted in the February 2010 issue of Washington Lawyer concerning her pro bono work on adoption and guardianship matters for the Children’s Law Center (CLC). Noting that she initially had no experience in adoption issues because her practice focuses on business litigation, Ms. Ludovici-Lint said that “in the beginning you do feel a little like a fish out of water; it can be overwhelming when you think that you’ve got the future of an at-risk child at stake, but working with the CLC makes it a less stressful experience because they really are there for you.” She added that she finds the cases very fulfilling because “you get to work with amazing clients and great mentors, and you also get to know the judges who, in my experience, are very involved in these cases …”
Joanne Ludovici-Lint, Pro Bono & Community Service
Todd Solomon was quoted in the January/February issue of Diversity & the Bar concerning the legal issues involving domestic partner benefits. “If there are any large employers who have not yet been asked about same-sex spousal benefits, they soon will be,” Mr. Solomon predicted. However, since private employers are not required to extend benefits to same-sex spouses under federal law, Mr. Solomon advised that employees need to approach domestic partner benefits as a human-resources or policy matter. “Employees need to appeal to the fair-mindedness of their employer,” he stated. “Legally, an employee’s only viable remedy is a lawsuit for sexual orientation discrimination, which isn’t actionable yet under federal law, but that could change; the Employment Non-Discrimination Act has been proposed for some time, and is better poised to pass in today’s political climate.”
Todd A. Solomon, Employee Benefits & Pensions
Dennis White was quoted by Mergers and Acquisitions: The Dealmakers Journal (February 1) concerning the findings of the 2009 year-end M&A dealmakers survey conducted by the Association for Corporate Growth (which Mr. White chairs). “Dealmaking continues to be caught in the doldrums, with limited activity outside of distressed sales and select strategic investments,” Mr. White said, “but the fact that merger professionals express heightened optimism about 2010 [in the ACG survey] is a hopeful sign that a freshening wind will arise.”
Dennis J. White, Corporate, Mergers & Acquisitions
Eric Conn was quoted by USA Today on February 1 concerning a federal court ruling that ordered the owner of an Internet-based company to stop selling term papers unless he can prove he has permission from the papers’ authors. Mr. Conn represents a number of authors in the case and is seeking compensation for them. “We'd like to stop this practice, or get as close to stopping [it] as we can,” he stated.
Eric J. Conn, Pro Bono & Community Service, Trial
Susan Nash commented for Tax Tricks for Kids on January 31 about a tax code feature that allows parents to divert up to $5,000 a year in pre-tax income into an account to pay for dependent child care. Ms. Nash said that some employers cut off funding below $5,000 because of an IRS rule designed to ensure that low-income as well as high-income employees use the accounts. “That tends to make highly paid people angry at year-end,” she said, because they find they cannot shelter the full $5,000 deduction.
Susan M. Nash, Employee Benefits & Pensions
Sarah Columbia told Law360 on January 29 that she sees changes in the way that companies are approaching intellectual property litigation. Given the bad economy in 2009, Ms. Columbia said, “What we were seeing was companies more inclined to resolve IP litigation when it involved one commercial company suing another. … [W]aging a huge patent fight costing millions of dollars just didn’t make sense.” However, she added, when companies were sued by patent-holding firms, they often chose not to back down, a trend that (along with more lawsuits between competitors) she expects to continue in 2010. “Companies that are being chronically sued are starting to say, ‘Let’s not just pay off patent holders in settlements. Let’s make these guys work to prove their case,’” she declared.
Sarah Chapin Columbia, Intellectual Property, IP Litigation
Michael Peregrine was quoted in a January 18 Modern Healthcare article about a not-for-profit health system’s purchase of a stake in a health and wellness company whose CEO had sat on the health system’s board but resigned after the board voted to make the purchase. While not commenting on the transaction directly, Mr. Peregrine noted that not-for-profits must adhere strictly to conflict of interest policies in transactions involving board members’ companies, and that such transactions face greater scrutiny “regardless of whether it’s a ‘good deal’ or not.” He added that scrutiny by regulators and credit analysts is focusing on sophisticated private equity transactions by not-for-profit hospitals (such as in this case), because of doubts that the hospitals’ boards and executives have the ability to manage these investments.
Michael W. Peregrine, Conflicts of Interest - Health, Corporate Responsibility and Governance, Health, Nonprofit Organizations
John Lee was quoted in a January 29 Law360 story about his return to McDermott as a partner in the Silicon Valley office, where he had worked for four years as an associate. Mr. Lee joined McDermott shortly after Yar Chaikovsky came to the Firm. “The Firm’s robust, internationally ranked IP practice was always a strong draw for me,” Mr. Lee said. “Yar is an outstanding lawyer and I am delighted to be able to continue to work with him, as well as the talented attorneys across the firm.” Both lawyers focus on patent litigation, with Mr. Lee working mostly in the pharmaceutical and technology industries.”
Yar R. Chaikovsky, John A. Lee, Intellectual Property, IP Litigation
Eileen O’Connor was quoted in a January 28 Law.com story about a closely watched human rights case that the U.S. Supreme Court will hear in March. The case hinges on whether foreign torture victims can use the Torture Victim Protection Act of 1991 to seek damages in U.S. courts against those who inflicted the torture. Ms. O’Connor said that briefs filed in the case by Senator Arlen Specter (the Act’s sponsor) and others will be important in clarifying that Congress intended the Act to ensure that “people who commit human rights abuses cannot just come to the United States and find safe haven” under the concept of sovereign immunity.
Eileen M. O'Connor, Government Strategies
Leigh Martinson commented for The National Law Journal (January 28) concerning a small company’s federal court victory against the U.S. Patent & Trademark Office. The win reinstated the company’s patent for safety protection equipment seven years after the PTO ruled the patent had expired after the company’s lawyer at the time missed paying a maintenance fee on the patent application. Mr. Martinson (who was not directly involved in the case) said that “[i]t’s a high hurdle” for a plaintiff to win reinstatement by proving that the PTO acted in an arbitrary and capricious manner, and elaborated: “It’s something that is typically not easy to overcome. But I think in this case, when you look at the record, I’m not surprised that they won.”
Leigh J. Martinson, Intellectual Property, IP Litigation
Joel Michaels gave his thoughts on healthcare reform to Legal BisNow on January 28. “Scaling back health reform will be harder than it looks,” Mr. Michaels stated. “Eliminating consideration of preexisting conditions, for example, doesn't work without requiring individuals to purchase insurance. The individual parts are so interdependent that dealing with only one feature can create other imbalances that are problematic.”
Phillip Levine, Stephen Wells, Matthew White and Timothy Shuman from McDermott’s Washington, D.C. office, and Kristen Hazel and Barry Quirke from the Firm’s Chicago office, were noted in the January 28 issue of New York Law Journal as handling the tax matters in Tyco International Ltd.’s $2 billion deal to purchase Brink’s Home Security Holdings Inc. Brink’s, which operates as Broadview Security, is Tyco’s top competitor in residential and commercial security systems.
Kristen E. Hazel, Philip J. Levine, Barry J. Quirke, Timothy S. Shuman, Stephen E. Wells, Matthew K. White, Tax
James Lastowka provided Q&A responses in a January 2010 Clement Communications Special Report on David Michaels, the new head of the Occupational Safety and Health Administration (OSHA). Citing references to Michaels as "a new sheriff in town," Mr. Lastowka observed that "sheriffs enforce the law and that is what OSHA will be doing, in part to make up for what it sees as eight years of lax OSHA enforcement by the Bush Administration. They will be hiring more inspectors, conducting more inspections, characterizing more of the citations as serious, ... and substantially increasing the size of proposed penalties." Mr. Lastowka warned employers that "the only way to avoid OSHA fines is to understand and comply with OSHA requirements. If you are not in compliance and you are inspected, citations and fines will be issued." Click here to view the full article.
James A. Lastowka, Labor & Employment, OSHA, MSHA & Catastrophe Response
Michael Kendall was recognized by Law360 in a January 26 story about the 2010 BTI Client Service All-Stars, a list of 165 lawyers cited by corporate clients for superior client service in a poll conducted by BTI Consulting Group, Inc. Mr. Kendall was one of just four securities lawyers included in 22 honorees given special recognition as Client Service MVPs for multiple appearances on the list. Concerning his multiple selections, Mr. Kendall said of his client service approach that a good securities lawyer must “deal with a problem with the same urgency the client itself would deal with the same problem.”
Michael Kendall, Trial, White-Collar Criminal Defense
Abbe Lowell was quoted by the Biloxi Sun Herald on January 26, as he urged an appeals court to grant a rehearing and reversal for a former Biloxi attorney convicted on the charge of honest services fraud in a judicial bribery case. Mr. Lowell, who represents the attorney, charged that the conviction was based on improper jury instructions regarding the definition of honest services fraud. “The instructions transformed protected First Amendment contributions made to influence elected officials to follow their judgment, rather than betray it, into a crime,” Mr. Lowell declared. “That is constitutional error of the greatest magnitude, which requires the honest services convictions be reversed …”
Keith Pattiz was interviewed on January 25 by New York Public Radio WNYC concerning the mortgage default on Stuyvesant Town and Peter Cooper Village, the largest real estate complex in New York City. The property owner and asset manager companies, which bought the complex in 2006, have handed it over to creditors who are expected to try to sell it. Mr. Pattiz had represented other buyers interested in the property in 2006 whose offers were in line with the winning one, and who might consider similar bids now. “People did not view the numbers as just so far off the mark that they couldn’t rationalize it,” Mr. Pattiz said of those earlier offers. “These are smart people, and if they’re successful in their strategy there’s money to be made here.”
Keith M. Pattiz, Corporate, Real Estate
Eric Zimmerman told Modern Healthcare on January 25 that he is “still confident that healthcare reform will be enacted. It’s too much of a priority for the administration, and Congress hasn’t sunk this much time into it” for it to fail. Mr. Zimmerman said he believes that House consideration of the Senate’s reform bill “remains the only possible pathway to getting reform done,” adding that he expects President Obama’s State of the Union address will give House members an incentive to vote for the Senate bill. “I think that the Democrats will realize that it is less desirable to do nothing, even if enacting health reform is not universally popular,” Mr. Zimmerman stated. Click here to view the full article.
Eric Zimmerman, Health, Life Sciences & Medical Devices
Michael Peregrine and Kerrin Slattery were quoted in Chicago Lawyer (January 2010) on the evolution of the health law field. Ms. Slattery cited the trend in which many community-based hospitals and small stand-alone hospitals have been combined into larger health systems, and said that health reform legislation could "change the way health care facilities deliver services in general, and therefore the landscape of legal services sought and delivered will also change." Mr. Peregrine added that this, along with other complex health sector developments in the past five to seven years, means that health provider organizations "are relying more on their in-house attorneys for less complex matters in an effort to save on costs, and enlisting [outside counsel] to do more regulatory, executive compensation and transactional work that is beyond the expertise of the in-house staff." Click here for the full article.
Michael W. Peregrine, Kerrin B. Slattery, Health
Margaret Wilson was cited on January 24 by Crain’s New York Business for having rejoined McDermott as a partner. She most recently was associate general counsel at Verizon Communications.
Margaret C. Wilson, State & Local Tax
Gregory Mocek was quoted by Reuters (January 22) on the danger that Congress or the Commodity Futures Trading Commission (CFTC) may move too forcefully to impose stronger commodity trading regulations on the energy market. “Unfortunately, those demanding that the CFTC clamp down harder do not have the foresight to realize that derivatives markets are portable, and tougher limits could mean the loss of our markets to foreign competitors,” Mr. Mocek stated.
Gregory Mocek, Energy & Commodities Government Investigations, Energy and Derivatives Markets
Daniel Haley was quoted on January 22 in the MetroWest Daily News concerning political prospects for the 2010 U.S. elections. A former Deputy Legal Counsel and Assistant Chief of Staff to Massachusetts Governor Mitt Romney, Mr. Haley said he believes it “will absolutely be the case” that formerly safe Democratic congressional seats will be up for grabs. He added that he sees Republicans “building on a very impressive coalition that Scott Brown [recently elected U.S. Senator from Massachusetts] created that sweeps up Republicans, unenrolled voters and quite a lot of Democrats.” Mr. Haley currently is treasurer of Republican Charlie Baker’s Massachusetts gubernatorial campaign.
Daniel P. Haley, Government Strategies
Frederic Firestone was mentioned in the Washington Post (January 21) and OnWallStreet.com (January 22) as a new partner in McDermott’s Washington, DC office, where he will head the Firm’s SEC defense practice. Mr. Firestone previously was an associate enforcement director at the Securities and Exchange Commission, where he helped investigate accounting scandals at Enron and WorldCom and oversaw the investigation into the collapse of the auction rate securities market.
Fredric D. Firestone, Michael A. Ungar, SEC Defense, Securities Litigation, White-Collar Criminal Defense
AmLaw Daily interviewed Eric Zimmerman (January 21) regarding the prospects for passage of health reform legislation. "I'm very confident that health care reform will be enacted," he declared. "The question is what will it look like, and when will it be enacted." He based his belief on the effort expended on the legislation to date: "Health care reform...has consumed a great deal of time, attention and resources from Congress and the administration for the past year...at the expense of other issues, like the economy and jobs." Saying he did not "think it's likely" that reform will have bipartisan approval, Mr. Zimmerman stated that Democratic leadership will "figure out its strategy and pursue one." He added that McDermott will "help businesses navigate these shoals" once reform is passed. Click here to view the full article.
Eric Zimmerman, Health, Life Sciences & Medical Devices
Frederic Firestone and Michael Ungar were featured in a January 20 Law360 story about their move from the Securities and Exchange Commission to McDermott’s controversies business unit and SEC defense practice. Mr. Firestone was previously associate director of the SEC enforcement division and Mr. Ungar was branch chief of the division. With more than 20 years of SEC enforcement experience between them, the two partners will advise financial industry and other clients on SEC, criminal and self-regulatory agency investigations and enforcement actions. “I welcome the opportunities and challenges that lie ahead in offering strategic counsel to McDermott’s clients, particularly given the broad range of industries and matters in which the firm is involved,” Mr. Firestone said.
Fredric D. Firestone, Michael A. Ungar, SEC Defense, Securities Litigation, White-Collar Criminal Defense
Hugh Nineham was recognized by The Lawyer and Legal Week (both on January 20) for his new roles as the first region-wide head of McDermott’s European practice and as a member of the Firm’s Executive Committee. He also continues to lead McDermott’s London office. Mr. Nineham said to The Lawyer that as an Executive Committee member “I’m not ‘representing’ Europe or lobbying only for that part of the practice’s interests, but I’m ensuring I’m bringing a European perspective to the deliberations.” To Legal Week Mr. Nineham added that “it is a new move for the Firm to have someone sitting on the Executive Committee who has specific European responsibilities. The move will help us focus on the region in terms of Firm-wide integration, profitability and growth.”
Hugh Nineham, Corporate, London
Steven Scholes was quoted by Law360 on January 19 concerning the almost $600 million in fines and settlements paid by companies in 2009 to settle the ten largest stock option backdating cases, a development that may indicate that major options backdating litigation is drawing to a close. “My sense is that the bulk of the settlements have been made public already,” Mr. Scholes said. “These things kind of go in waves, and I think most of these have moved through the system.”
Steven S. Scholes, SEC Defense, Trial
Henry Christensen was quoted by Forbes.com on January 19 concerning the impact that the 2010 expiration of the federal estate tax will have on wealthy individuals and families. “The longer the estate tax lapse lasts, the more clients are going to begin putting real thought into how much they want to give to charity and how much they want to give to their family,” he stated. Mr. Christensen cited the example that a client may change the substantial part of his estate earmarked for charity into a conditional charitable gift, and added: “If the estate tax is eliminated, the amount going to charity will be dramatically reduced because more can be given to the family at an acceptable (tax) cost.”
Henry Christensen III, Private Client
Eric Zimmerman was quoted by BNA's Medicare Report (January 2010) concerning the impact that the current lack of a permanent administrator at the CMS will have as health care reform legislation is implemented. "The administration is going to have a lot at stake with the implementation [of reform], which will be almost as important politically as enacting reform in the first place," he said. "It is in the administration's interests that the implementation go smoothly, that deadlines be met, and that Congress be satisfied. That is a tall order without a permanent administrator." Zimmerman also noted as a key 2010 Medicare issue the outcome of a number of budget neutrality adjustment appeals regarding reimbursement, which are currently pending before the Provider Reimbursement Review Board. Click here to view the full article.
Eric Zimmerman, Government Strategies, Health
Daniel Jocelyn was quoted on January 18 by Missouri Lawyers Weekly concerning a New York appeals court’s dismissal against the Bryan Cave law firm, which is headquartered in St. Louis. Mr. Jocelyn represented both the firm and a former partner in a lawsuit brought by a commodities trader over a pension plan adoption. “It was a hard-fought battle for three and a half years, but the right result,” Mr. Jocelyn said of the First Division panel’s decision, which is being appealed to New York’s highest court, the Court of Appeals.
Joel Grosberg addressed for The National Law Journal (January 18) the supposed expansion of federal antitrust regulation efforts. Of the two major antitrust agencies, Mr. Grosberg noted that the Federal Trade Commission “has been viewed as aggressive for the last couple of years. I don’t think we’ll see much change there.” He added, however, that “the Department of Justice during the Bush Administration was generally viewed as much less aggressive. Now, with Christine Varney heading the Antitrust Division, the expectation is that will change.”
Joel R. Grosberg, Antitrust & Competition
Margaret Wilson was cited by The National Law Journal on January 18 for rejoining McDermott’s New York City office as a tax partner focusing on state and local tax matters. Ms Wilson had previously been at Verizon Communications, where she was associate general counsel.
Margaret C. Wilson, State & Local Tax
Paul DeStefano discussed the current initial public offering (IPO) environment for biotech and life sciences companies in a January 18Boston Business Journal story. He noted that the industry has become more stratified and that more individualized criteria are being used to evaluate the IPO opportunities for medical device, therapeutics and other life science companies. By contrast, Mr. DeStefano said, “There used to be literally a checklist. If you had validation from one corporate partnership and, let’s say, a license to Japanese rights for the lead drug, you could count on an IPO of at least $90 million to $120 million.”
Paul R. DeStefano, Life Sciences & Medical Devices
Abbe Lowell was quoted by the Albany Times-Union on January 15 concerning his request to overturn the felony conviction of, or grant a new trial to, a former New York state senate leader. Noting that his client was acquitted on a number of counts and that the jury could not agree on another, all involving the same matter, Mr. Lowell declared that “the government’s charge, its theory of wrongdoing, and the evidence it produced on the two convicted counts were no different than in those counts that resulted in acquittals.”
Abbe Lowell was mentioned by Business First of Buffalo (January 15) as the “high-powered” lead attorney in legal team defending the former New York state senate majority leader against federal felony charges. The article noted that Mr. Lowell has also defended such well known individuals as governors, U.S. senators, actor Steven Segal and federal lobbyist Jack Abramoff.
Steven Scholes spoke to Law360 (January 14) about the new powers of the Security and Exchange Commission’s Enforcement Division attorneys. “I anticipate that it will be a sea change in the enforcement program and will lead to the Division of Enforcement bringing many more cases that otherwise it might not have,” Mr. Scholes said, referring specifically to changes that will enable the SEC to gain greater cooperation from informers and companies. He added about the new SEC cooperation procedure: “My anticipation is that people will take them up on it and it will expedite their investigations and help them bring cases.”
Steven S. Scholes, SEC Defense, Trial
Carey Jordan and other members of her team of legal and technology professionals (partner Iona Kaiser, associates Andrew Metrailer and Melody Wirz and scientific adviser Kristen Mittelman) were all mentioned in stories by North American Windpower (January 14) and Texas Lawyer (January 18) about their move to McDermott’s Houston office. They will focus on intellectual property portfolio management and transactions in the cleantech, energy and chemical industries.
Carey C. Jordan, Iona Kaiser, Andrew Metrailer, Kristen Mittelman Ph.D., Melody Wirz, Energy and Derivatives Markets, Intellectual Property
Thomas Sauermilch was quoted in a January 14 Law360 story about the Committee on Foreign Investment in the United States (CFIUS), a government agency that reviews proposed foreign purchases of U.S. businesses. Mr. Sauermilch stated that he expected CFIUS to take on a more important role under increased political pressure to investigated foreign investments in potentially sensitive U.S. interests. “The U.S. has always been open to foreign investment and it continues to be one of the most open economies, but national security is paramount,” he added.
Thomas Sauermilch, Corporate, International
Steven Scholes was among the lawyers included in the January 13 announcement by Law360 on the formation of its 2010 securities editorial advisory board. Members of the board are leading securities law professionals who will provide guidance to Law360 regarding important issues and developments in the field. Mr. Scholes heads the Firm’s SEC defense group and subprime and credit markets litigation group, leads the Trial Department in the Chicago office, and is a former lawyer in the SEC’s Enforcement Division.
Steven S. Scholes, SEC Defense, Securities, Trial
Jeffrey Stone commented on McDermott’s new merit-based pay and promotion system for The National Law Journal (January 13). He emphasized that the move is not aimed at cutting costs, but rather is structured to reward the best performing associates while creating greater value for clients. “The old lockstep system rewarded for longevity. It failed to reward increases in competence,” Mr. Stone said. As part of the change, by 2011, associates will be placed in one of three pay levels based on skills achieved and business experience. Mr. Stone added that McDermott’s training will be adjusted to focus on the core competencies deemed the most significant at each pay level. The three-tiered aspect of the Firm’s new compensation system was also noted by JD Journal in a January 12 story.
John P. Hendrickson PC, Jeffrey E. Stone
Geoffrey Raicht and Gary Ravert were among the lawyers included in the January 13 announcement by Law360 on the formation of its 2010 bankruptcy editorial advisory board. Members of the board are leading bankruptcy and restructuring professionals, and they will provide guidance to Law360 regarding important issues and developments in the field. Mr. Raicht (co-head of the bankruptcy and insolvency group at the Firm’s New York City office) and Mr. Ravert (also based in the New York City office) have represented creditors and other clients in major bankruptcy and insolvency matters nationwide.
Geoffrey T. Raicht, Gary O. Ravert, Corporate, Restructuring & Insolvency
Jeffrey Stone and John Hendrickson both addressed, in a January 12 Law360 story, McDermott’s implementation of a new associate pay structure based on performance. Mr. Stone, chair of the Firm’s Management Committee, said the new system is about “aligning performance with compensation,” adding that it “puts a laser-like focus on competency and delivering value for the clients.” Mr. Hendrickson, chair of the Firm’s Compensation Committee, added that the new model “will ultimately deliver more cost-effective and valuable services to our clients while setting clear standards for the development of associates.”
John P. Hendrickson PC, Jeffrey E. Stone
Daniel Haley was quoted in the Boston Business Journal (January 11) and the Denver Business Journal (January 8) in a story about a new Massachusetts law that greatly expands the definition of lobbying in that state, requiring many more persons who interact with government officials to register as lobbyists. The law is intended to curb ethics scandals, but Mr. Haley said that “[a]rguably it makes things worse. It captures the behavior of potentially thousands of people who have no thought of breaking the law but could find themselves violating the law simply by engaging in public life in some limited way.”
Daniel P. Haley, Government Strategies
Steven Scholes was quoted in PlanAdviser.com (January 11) examining how financial regulators view investment adviser use of social networking. He said the SEC would view as advertising an adviser's use of electronic media for stock tips, noting that, with the Internet's speed, "it would be very easy to slip very unknowingly...into making communications that constitute advertising without realizing it." Mr. Scholes suggested that investment firms either tell employees "you cannot use social networking for anything having to do with the firm," or require preapproval of social networking use ("because these communications are so fast, pragmatically it's very difficult to implement a policy like that," he noted), or allow social networking use only with clients and not the general public. "All of these approaches carry regulatory approval, just in different degrees," Mr. Scholes said, and can be an "insurance policy" to show regulators that proper procedures were used.
Steven S. Scholes, SEC Defense, Trial
Daniel Haley was mentioned in the January 8 Massachusetts State House News Service Weekly Roundup story. It cited Mr. Haley’s earlier interview in the Boston Business Journal about the new law governing legislative advocacy in Massachusetts and called him a “potential future attorney general” for the state. Mr. Haley has held several positions in the Massachusetts Governor’s Office and is active in state politics.
Daniel P. Haley, Government Strategies
Daniel Haley was mentioned by the Manchester, MA Wicked Local in a January 8 recap of his earlier interview in the Boston Business Journal about the new law governing legislative advocacy in Massachusetts. As the recap notes, Mr. Haley pointed out that the new law may require thousands of people to legally register as lobbyists if they have any interaction with legislators or other government officials in the state.
Daniel P. Haley, Government Strategies
Jean Marie Pechette was cited by Chicago Lawyer on January 6 for her move to McDermott from Kelley Drye, as a partner practicing in the areas of information technology and intellectual property.
Jean Marie R. Pechette, Electronic Data Management, Privacy & Discovery, Intellectual Property
Carol Harrington commented about the 2010 expiration of the federal estate and generation-skipping taxes for the Chicago Daily Law Bulletin on January 5. She noted that both lawyers and clients were surprised that Congress allowed the taxes to expire and added that she is telling clients, “particularly if they are elderly or ill, [that] they should review their estate plan to make sure it works properly if they were to die while there was no estate or generation-skipping tax.” The taxes are scheduled to return in 2011.
Carol A. Harrington, Private Client
Jose Luis Vittor was quoted by China Weekly News on January 5 concerning the upbeat Latin American economic forecast presented by the region’s leading law firms at McDermott’s Latin American Forum. “Because Latin America been largely insulated from the impact of the global recession in the past two years, there should be even more opportunities for … economic development in the coming year,” Mr. Vittor said. He added that “Latin American countries must demonstrate to foreign investors that the region as a whole is very sensitive to political change. Over the long run Latin America is an attractive place for foreign capital – even though certain countries may still have some political risk.” Mr. Vittor concluded that, “Among the growth regions of the world, there are few that present greater opportunities than Central and South America.”
José Luis Vittor, Latin America
Michael Peregrine was quoted in a January 4 Modern Healthcare story about how tax-exempt hospitals and health systems are likely to face more scrutiny than ever from federal regulators, state prosecutors, the media and the general public. Governance is an especially hot issue, because, as Mr. Peregrine noted, “The IRS has clearly seen enough examples of bad boards where they know what they look like. If you’re really pushing the edge of the envelope in a way that is not supportable, you’re going to see more challenges from the IRS” and from state attorneys general over governance matters. And, Mr. Peregrine added, if malfeasance is found, regulators will push for resignations of board members as well as executives.
Michael W. Peregrine, Corporate Responsibility and Governance, Health, Nonprofit Organizations, Tax Exemption
Paul DeStefano was mentioned in a January 4 National Law Journal feature on significant new law firm lateral hires. Mr. Stefano joined McDermott’s Menlo Park office as a member of the Health Industry Advisory and the Life Sciences & Medical Devices Practice Groups. He will counsel companies in the biotech-pharmaceutical sector on strategic planning, company formation, financing and operations.
Paul R. DeStefano, Health, Life Sciences & Medical Devices
Dennis White was quoted by CarolinaNewswire.com on January 4 in a story concerning the latest survey of merger and acquisition activity by the Association for Corporate Growth, for which he serves as Chairman and Senior Counsel. “Dealmaking continues to be caught in the doldrums with limited activity outside of distressed sales and select strategic investments,” Mr. White said of the new survey results. But, he added, “the fact that merger professionals express heightened optimism about 2010 is a hopeful sign that a freshening wind will arise.”
Dennis J. White, Corporate, Mergers & Acquisitions
Blair Jacobs spoke extensively to Law360 on January 4 regarding intellectual property litigation trends. He cited a perceived decrease in the importance of copyright litigation, saying that "in-house counsel was looking at prioritization of litigation needs and where the company should place its time and money during the year, and...copyright litigation in 2009 was viewed as a lower priority than patent and trademark litigation." Mr. Jacobs noted that in the latter cases, "Damages are helpful, but gathering market space and protecting market power are important as well." He added that trademark infringement suits "are more likely to get a settlement fairly quickly than patent ones...[I]f you have a good claim, you likely will be able to stop the infringement." Looking to 2010, Mr. Jacobs predicted "a fairly robust year for IP litigation, [n]ow that in-house and outside counsel have agreements and strategy planning in place."
Blair M. Jacobs, Intellectual Property, IP Litigation
Eugene Goldman was quoted by the St. Onge & Associates blog on January 3 concerning the ramped up enforcement activity by the Securities & Exchange Commission. “Between the $1 billion budget (proposed for 2010) and the need to project that it’s tough, it’s reasonable to expect a pretty aggressive enforcement program” for the agency, Mr. Goldman said.
Eugene I. Goldman, SEC Defense, Trial
Daniel Haley was interviewed January 1 on WBZ radio’s “Nightside” program by host Dan Rea, concerning new laws that go into effect in Massachusetts in 2010. Mr. Haley is active in state politics and formerly held several positions in the Office of the Governor of the Commonwealth of Massachusetts.
Daniel P. Haley, Government Strategies
Reed Stephens told Law360 on January 1 that Bates and Patrick v. Unnamed Defendant will be a particularly important health law case in 2010. The case involves a nationwide Department of Justice investigation into false Medicare claims for kyphoplasty spinal surgery, and Mr. Stephens said that it “highlights the real risk associated with the relationship between pharmaceutical and device manufacturers and hospitals and doctors.” He added that providers must be able to prove that the procedures they bill for are medically necessary. Mr. Stephens represents a provider client in a similar case, which he sees either moving toward a “reasonable” resolution or to trial if the government is too aggressive.
T. Reed Stephens, Health, Health Care Litigation, Life Sciences & Medical Devices, Trial
Michael Peregrine discussed for Law360 on January 1 the increase in the Department of Justice’s pursuit of health care billing fraud, particularly with regard to holding hospital boards and executives responsible for alleged violations. “The government has said quite regularly, ‘We’re looking at the source of the problem,’ and that’s worrying board members,” Mr. Peregrine stated. He cited the application to health care the “responsible corporate officer doctrine” already used in securities and environmental law, adding, “We’re watching closely just to see where the government is taking this” so far as holding directors responsible for violations of false claims laws, the Stark Law and HIPAA.
Michael W. Peregrine, Corporate Responsibility and Governance, Health
Mark Pearlstein was mentioned in an article on the web site of the Boston Bar Association (www.bostonbar.org) for his appointment as partner-in-charge of McDermott’s Boston office, effective January 1, 2010. The article noted that Mr. Pearlstein heads the office’s Trial Department, focusing his practice on white-collar criminal defense and related matters.
Margaret (Peg) Warner discussed an expected modest increase in 2010 business litigation for Law360 on January 1. Anticipating “a return to more normal commercial litigation patterns,” Ms. Warner said that companies are “assessing cost in a manner that is more aligned to what their business interests are now, as opposed to the fall of 2008 to 2009, where you saw a very steep slowdown and even stoppage in the willingness of companies to litigate.” She added that IP litigation and securities investigation work involving financial and commodities markets will be particular litigation growth areas.
Margaret H. Warner, IP Legislation, Securities, Trial
Mark Pearlstein was cited in number of stories concerning his appointment as partner-in-charge of McDermott’s Boston office effective January 1, 2010. Mr. Pearlstein will succeed Susan Cooke, who will focus on her responsibilities as chair of the Firm’s OSHA/ Environmental practice group. Coverage appear November 3 to 4 in The Boston Globe, Boston Business Journal, Dallas Business Journal, moneycentral.msn.com, and the New York Daily News.
Susan M. Cooke, Mark W. Pearlstein, Trial
Benoît Keane and Francesco Savino were authors of a 2010 Entertainment Law Review article that discussed a report by an Independent Advisory Panel to the UK Secretary of State for Culture Media concerning which sporting events should be listed for showing on free-to-air television. Mr. Keane and Mr. Savino wrote that the review panel adopted an antiquated approach and "missed an opportunity to take account of modern market conditions by making a distinction between the elements which are important to UK society and those which are not." Their article was subsequently cited in a House of Commons Report on this issue, which quotes the examples of sporting events given in the article, and notes the authors' comment on the "damaging impact listing has for competition and the value of such events for funding sport."
Benoît Keane, Francesco Savino, Antitrust & Competition, Brussels, International Antitrust & Competition, London
Joanne Ludovici-Lint and Robert Zelnick were noted in the January 2010 issue of Washington Lawyer, as they appeared with a pro bono client and her adopted daughter at the 25th Annual Adoption Day Ceremony sponsored by the Children’s Law Center. The Center referred the client to Ms. Ludovici-Lint and Mr. Zelnick, and the adoption proceeding that they handled was one of 36 finalized at the ceremony.
Joanne Ludovici-Lint, Robert W. Zelnick, Pro Bono & Community Service
