News

Perkins Coie is pleased to announce that three partners in its Denver office have been named by their peers to the Colorado Super Lawyers list.

In an article in the March/April edition of Deal Lawyer, Evelyn Cruz Sroufe, Scott Joachim and Brad Owens discuss lessons on competitive bidding in M&A transactions gleaned from NACCO Industries, Inc. v. Applica Incorporated. In NACCO, the Delaware Chancery Court refused to dismiss claims by NACCO, the unsuccessful bidder for Applica: (a) against Applica for breach of a merger agreement and (b) against a hedge fund buyer for common law fraud based on misstatements in its Section 13(d) filings. NACCO alleged that Applica management improperly favored a financial bidder over a strategic bidder in a competitive bidding war for Applica, that Applica management leaked confidential information to the competing hedge fund bidder, and that the competing bidder knowingly misstated its intention, in Section 13(d) filings reporting its accumulation of Applica shares, to amass a substantial stake in Applica at the pre-merger announcement price in order to achieve an insurmountable leg up in a bidding contest with NACCO. The article provides practical guidance both for boards of directors and officers of target companies and for competing bidders.

On March 11, Karl Sandstrom, Of Counsel in the Washington, D.C. office of Perkins Coie, testified before the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises. During his testimony, Sandstrom addressed the corporate governance implications of the Supreme Court's decision in Citizens United v Federal Election Commission, which permits corporations to spend treasury funds to support candidates. As a result of the decision, corporations will no longer be limited to using funds voluntarily contributed by employees and shareholders to their political action committees to promote or oppose candidates.

Most hotel owners are uncertain how to deal with a hotel loan in distress, yet many neglect consulting anyone with real expertise in negotiating with lenders before attempting to work out their loan's problem with their lender. Perkins Coie Partner David Neff authored the article "10 Tips for Dealing with Distressed Hotel Debt" which provides 10 pointers hotel owners should consider before negotiating their troubled loan with their lender.

Perkins Coie is honored to be the only AmLaw 100 firm with a top 10 ranking in overall patent quality as listed by Intellectual Asset Management magazine.

Virtual currency has real value and companies that operate online games are rushing to cash-in on the virtual economy. Dax Hansen, a partner in Perkins Coie's Electronic Financial Services practice commented, in a recent Information Week article, that "points," "coins," "bucks," and other forms of virtual currency are becoming commonplace online. But new laws like the Credit Card Act of 2009 and existing state gift laws create hurdles for some virtual currency programs.  Under the new Act and proposed rules, federal laws will impose restrictions on expiring certain types of virtual currency in addition to traditional gift certificates.

As retailers deal with increasingly complex virtual currency systems and attempt to allocate responsibility between various players in the system, they should keep several key legal considerations in mind. Perkins Coie Electronic Financial Services Partner Dax Hansen authored an article discussing legal considerations and practical tips for retailers dealing with virtual currency. The article, entitled "Virtual Currencies: Real Legal Issues for Retailers," was published by RetailingToday.com.

On February 25, in Miami, Patrick Collins participated on a panel at the ABA National Institute on White Collar Crime's annual conference, one of the most prestigious and well-attended white collar conferences in the nation. Participating with other nationally recognized attorneys, Patrick focused on recent high-profile public corruption prosecutions and analyzed important issues that commonly arise in these types of cases. Approximately 150 attorneys attended Patrick's panel discussion.

Perkins Coie Partner Ted Wern and Associate Laurie Sakulich authored an article explaining the difference between pledge funds and committed funds, and highlighting each type's advantages as well as their drawbacks. The article, entitled "A Matter of Commitment," was published by The Deal magazine.

Perkins Coie Privacy & Security Partner Albert Gidari was quoted in Michael Isikoff's recent Newsweek article entitled "The Snitch in Your Pocket." The article addressed the growing number of law enforcement requests for cell-phone data without warrants. Telecommunication companies are getting "thousands of these requests per month," Gidari told Newsweek, and the amount has grown "exponentially" over the past few years.

San Francisco Of Counsel Philip Leider recently published an article in the ABA's Class Actions & Derivative Suits Newsletter.  The article analyzes the California Supreme Court's recent decision in In re Tobacco II, an important case interpreting new standing requirements imposed on plaintiffs in cases under the state's Unfair Competition Law and False Advertising Act. 

Perkins Coie Partners Tom Lindley and Associate Stephen Higgs authored an article published in Law360 entitled "The Open Valve on Clean Water Act Enforcement." The article provides an overview of the U.S. Environmental Protection Agency's plan to renew and embolden state and federal enforcement actions to protect water quality across the nation, and gives recommendations, for those regulated under the Clean Water Act, on how to prepare for and properly respond to federal and state enforcement actions.

We are pleased to announce that David Neff, a partner in the firm's Bankruptcy & Workouts practice as well as the national co-chair of Perkins Coie's Hotels & Leisure practice, has been inducted as a Fellow of the American College of Bankruptcy.

On Friday, the U.S. Court of Appeals for the Third Circuit is to consider whether warrantless tracking of wireless devices is a violation of a citizen's Fourth Amendment right. Police have been using location tracking on a regular basis, yet the legal standards remain unclear. In a recent CNET News article, Perkins Coie Privacy & Security Partner Albert Gidari said such tracking is now "commonplace." "It's in every pen register order these days," he said. He went on to say the appeals court's decision could have far-reaching impact, even beyond the Third Circuit's jurisdiction.

The Chicago O'Hare Airport area may be the most distressed lodging markets in the U.S. according to Smith Travel Research. Perkins Coie David Neff represents one of the area's troubled properties, InterContinental Chicago O'Hare, who filed for bankruptcy last August. The lenders have allowed the property to continue operating, Neff commented on the bankruptcy in a recent article published by Lodging Hospitality, and while no deals are imminent, "a number of entities have signed confidentiality agreements and are conducting due diligence on the property." The property is doing relatively well, he added, it is gaining market share and getting high guest satisfaction ratings.

Perkins Coie is pleased to announce it has been selected by the Greater Seattle Business Association (GSBA) to receive their first Special Recognition: Advocate for Social Justice Award for its work on the behalf of Washington Families Standing Together (WFST) and the Approve 71 campaign. 

Associate Brian Flock recently published an article in the American Bar Association's publication The Young Lawyer. Flock's article, entitled "How I Use Social Media to Enhance My Practice," discusses how attorneys can use social media to enhance their practices. "For me social media is a powerful tool with a dual purpose—it helps me stay connected in my personal life despite the demands of my profession, while also enhancing my legal practice," the article says.

Susan Lyon and John Roche co-authored an article, published by SmartGridNews.com, entitled "Smart Grid Privacy Part 1: How to Keep Your Customer Data Protected — and Keep Your Customers." Lyon and Roche cover proactive tips smart grid companies can use to stay ahead of coming data protection regulations by building privacy into development now and avoiding costly retrofitting later.

Portland Associate Meredith Weisshaar received the Outstanding Pro Bono Service Award from Lewis & Clark Law School's Small Business Legal Clinic.

For businesses and dealmakers, possible changes to the 17-year-old Horizontal Merger Guidelines may align them with current agency practice and provide greater clarity for evaluating future transactions. This fall, the Department of Justice and the Federal Trade Commission initiated a process to explore the possibility of updating the guidelines. Partner Gerry Alexis and Of Counsel Marta Miyar Palacios authored an article titled "Looking Trough the Glass" published by TheDeal.com. The article discusses needed Horizontal Merger Guidelines revisions in four areas critical to dealmakers: market concentration, customer-provided evidence, efficiencies and remedies, and it further recommends that the agencies' focus on the 26-year-old vertical merger guidelines, desperately in need of an update.

The Advanced Research Projects Agency for Energy (ARPA-E), which received $400 million in funding from the American Recovery and Reinvestment Act, aims to foster research and development of highly experimental long-term energy technology, but a budget freeze put on by the Obama administration could put a damper on Energy Department spending on certain programs, including the ARPA-E, in 2011.

The Chicago Daily Law Bulletin and the Chicago Lawyer, the top legal publications in the City, recently selected their list of Chicago's "Top Ten" attorneys over the last decade.  We are thrilled to announce that our partner, Patrick Collins, was named to the list along with a handful of Chicago's most prominent lawyers. 

Chicago Partner Pravin Rao was recently quoted in an article on law360.com about the financial crises from the past decade.

First Wind, a wind developer in Massachusetts, is seeking approval of an initial public offering – for the second time – with the Securities and Exchange Commission. “If they get it done, it might suggest that large-scale alternative energy projects may have renewed funding sources in the market,” said Perkins Coie Partner and Cleantech Practice Co-Chair Buddy Arnheim in a recent Electric Power Daily article. “Other companies will be watching to see if there is demand.”

Perkins Coie is pleased to announce that the following lawyers have been elected to the partnership or of counsel, effective January 1, 2010.

For the eighth consecutive year, Perkins Coie is proud to announce that it has been named to FORTUNE magazine's "The 100 Best Places to Work For."  This year the firm was ranked 75, an improvement over last year's ranking of 82.  

Perkins Coie announced today that Christopher Kao has joined the firm as a partner in its Intellectual Property Litigation practice. He will be based in the firm's Menlo Park office.

Perkins Coie Partner Bill Malley commented on the DOE's ARPA-E application process in a recent Environment & Energy Daily article. The first step in the application process is to submit a five-page concept paper, which requires applicants to generally outline their projects. During the first round of funding, DOE received more than 3,600 concept papers and whittled that number down to about 300 projects that were asked to submit more detailed proposals. From that pool, DOE chose the first 37 winners. The entire process occurred in just a few months. "We don't know how fast the next round will go, but we assume it's on a similar schedule," said Malley, who has represented clients that have applied for ARPA-E grants. "This stands out as a fast track."

Shaalu Mehra was named to the San Francisco Daily Journal's list of top 20 attorneys under the age of 40 in California. Every year, the Daily Journal highlights young attorneys who have made a significant impact in their practice area early in their careers. Shaalu was recognized for his transactional work in Outsourcing and Intellectual Property. The Journal noted specifically his work for Ingram Micro, one of the world's largest technology distributors, who has relied on Shaalu's legal expertise to guide the company through numerous technology and licensing transactions and legal issues related to outsourcing. Richard English, senior corporate counsel at Ingram Micro, commented that his company hires Mehra because of the quality of his work and his ability to leverage his technical background in his lawyering.

Twenty Perkins Coie attorneys are honored in Illinois Super Lawyers & Rising Stars 2010 magazine. In addition, Susan Daley was honored in the Top 50 Women and the Top 100 overall. Seventeen Perkins Coie partners are included on the Super Lawyers list and three Perkins Coie associates are on the Rising Stars list.

Perkins Coie Partner Judith Corley has replaced former Perkins Coie Partner Bob Bauer, who began work as the new White House counsel this week, as Barack Obama's personal lawyer. Corley will represent Obama in his non-official capacity, both in personal matters and in his political organization, Obama for America.

With a 30-day “grace period” on enforcement by the Energy Department expiring Friday, appliance manufacturers are anxious to submit their forms in order to avoid a DOE probe into whether their products are as energy-efficient as claimed in their official certifications to the agency. Partner Bill Malley told The Energy Daily the takeaway message from DOE’s grace period for appliance manufacturers is that “DOE and EPA are now taking energy efficiency standards, both voluntary and mandatory, very seriously. “The deadline is a first step in a sustained push for more aggressive enforcement,” Malley was quoted in an article published by the daily. “DOE has not been vigorous in enforcing its requirements to date, which DOE itself has acknowledged. We’re looking at a sustained period of tougher enforcement.”

Jessica Berch, a new associate in the Phoenix office, recently published an article entitled "The Need for Enforcement of U.S. Punitive Damages Awards by the European Union" in the Minnesota Journal of International Law.  The article addresses the discrete problem of enforcing U.S. punitive damages awards in the courts of E.U. Member States.  After canvassing the state of the law regarding punitive damages in both the United States and Europe, the article suggests that the two powers do not have particularly divergent views about the propriety of punitive damages awards and urges the two sides to revise the Hague Convention on Choice of Court Agreements to allow for the more liberal enforcement of U.S. judgments containing punitive damages awards.

For the first time Perkins Coie earned an honorable mention in The American Lawyer's biannual "Litigation Department of the Year" competition. In its January issue the publication cited the firm's representation of "clients at both ends of the power spectrum.

Washington, D.C. attorney Maggie Greenlee successfully obtained a U-visa for her pro bono client on January 6, 2010.

Retailers and manufacturers are feeling the pressure to engage their customers through social media. But, many executives are concerned about legal risks and the conservative advice received from lawyers. Tom Bell addresses these risks and cautious counsel in "Social Savvy," an article authored by Bell and published by American Executive.

Perkins Coie Privacy & Security Of Counsel Susan Lyon authored the chapter "Personal Information Security" for the 2009 edition of the Washington Nonprofit Handbook: How to Form and Maintain a Nonprofit Corporation in Washington State, published by Washington Attorneys Assisting Community Organizations and the King County Bar Association Young Lawyers Division.

Perkins Coie Partner Bill Malley and Associate Joanna Thies recently co-authored a report, "Guidelines on the Use of Tiered Environmental Impact Statements for Transportation Projects," which was published by the Transportation Research Board of the National Academy of Sciences. Ann Koby and Jason Miles of Parsons Brinckerhoff, the engineering and consulting firm, also co-authored of the report. The report provides the first comprehensive study of tiered environmental impact statements prepared for highway, transit, and intercity passenger rail projects. It includes an in-depth discussion of the legal framework for preparing a tiered EIS; a summary of the state of the practice; key factors associated with successful tiered studies; potential strategies for anticipating and managing tiering-related risks; and an annotated checklist of issues to consider in deciding whether to undertake a tiered EIS for a transportation project. Perkins Coie lawyers have participated in preparing several high-profile tiered studies, including the tiered EIS for the I-69 highway project in Indiana.

Perkins Coie Partner Pravin Rao was quoted extensively in an article entitled "Securities Cases to Watch in 2010." The coming year is expected to be full of high-profile cases brought by the U.S. Securities and Exchange Commission. The article, published by Law360, lists five cases securities professionals are sure to have their eyes on in 2010. SEC v. Rorech, the first-ever insider trading case listed to the default swaps, is among the cases mentioned. "The SEC is expanding its reach into an area where it's never really gone before," said Rao in regard to the case. Rao was also quoted on other cases listed in the article, including SEC v. Cuban and SEC v. Bank of America Corp.

Jobs legislation that passed the House of Representatives on December 16 would restore $2 billion to a Department of Energy clean energy loan guarantee program and expand the program to make loan guarantees available for energy efficiency projects that use commercial technology. The proposed legislation also would make other significant changes to the DOE's loan guarantee program. These changes would allow applicants to pay a portion of the "credit subsidy cost," said Perkins Coie Partner Bill Malley in an article published by BNA Daily Environment Report, which is the cost to the federal government of assuming the risk of default on a loan. Malley also was quoted in a separate article published by BNA Daily Environment Report on proposed legislation to extend the Section 48C manufacturing tax credit program, which is available for manufacturers of equipment for renewable energy projects and other energy saving equipment.

The U.S. Department of Energy (DOE) recently announced the availability of a second round of grant funding under the Advanced Research Projects-Energy (ARPA-E) grant program. The first round was highly competitive, with DOE awarding grants to approximately 1% of applicants. A recent article published by The New York Times and a sister publication Greenwire noted that, in the first round, DOE funded multiple projects in some sectors and only one project in others. The article quoted Perkins Coie Partner Bill Malley as saying he was not surprised by this result. He observed that "They're taking a portfolio approach that doesn't single out any particular technology or any sector but rather looks to the best ideas and promotes them.... Because this is a competitive process, there are not going to be multiple winners in every sector."

On December 18, 2009, the United States Court of Federal Claims issued an opinion awarding more than $50 million to Perkins Coie's client, Wisconsin Electric Power Company, in its claim against the U.S. Department of Energy (DOE) for partial breach of a contract to accept and dispose of spent nuclear fuel from the Point Beach Nuclear Power Plant. Wisconsin Electric's case was presented by the Perkins Coie trial team during a Washington D.C. trial lasting more than five weeks; during which 27 witnesses testified and hundreds of exhibits were entered into evidence. The Court awarded Wisconsin Electric more than 96% of its claimed "nominal," or non-finance-related damages to mitigate the DOE's partial breach. The Perkins Coie trial team included Partners Rick Oehler, Don Carney and Mary Rose Hughes, Associates Emily Poulin and Jay Griffiths, and Paralegals Beverly Kershaw and Mary Lou Maag.

Perkins Coie is pleased to announce that partner Joseph Q. McCoy has been appointed to the Board of Directors for the Chicago Committee on Minorities in Large Law Firms.