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Major Victory for Firm’s Clients, Access Industries Inc. and its Principal, Len Blavatnik
September 26, 2007
Curtis achieved a major victory for its clients, Access Industries Inc. and its principal, Len Blavatnik, on September 24, 2007, when Judge Laura T. Swain of the Southern District of New York dismissed civil racketeering claims against them and thirty-three other defendants.
Plaintiff, a shareholder in a Russian oil company, asserted multiple RICO and Russian law claims against defendants, who included BP plc, its former chairman, Lord John Browne, and TNK-BP, Russia’s fourth largest oil company. Plaintiff contended that defendants engaged in a scheme to take over the Russian oil industry through a series of wrongful acts, allegedly committed mostly throughout Russia.
Defendants jointly moved to dismiss the claims on multiple bases, including the U.S. district court’s lack of subject matter jurisdiction over plaintiff’s claims.
In a twenty-page opinion, Judge Swain granted defendants’ motion on subject matter jurisdiction grounds without reaching defendants’ other arguments. The court explained that RICO’s extraterritorial application was limited and would only be applied when the complaint satisfied one of the tests for extraterritorial application. The court then found that the amended complaint failed to satisfy either of the so-called "conduct" or "effects" tests and that the court thus lacked subject matter jurisdiction. The court also denied plaintiff leave to file another amended complaint, finding that further amendment would be futile.
This is the second time that Curtis and co-defense counsel have successfully achieved a dismissal of this suit by the district court. Judge Swain previously dismissed it on forum non conveniens grounds, but that decision was reversed by the Second Circuit. Plaintiff then filed the amended complaint that was dismissed by Judge Swain on September 24, 2007.
The Curtis attorneys who worked on this matter were partner Turner P. Smith and associates Myles K. Bartley and Joshua L. Blosveren.
Bryan A. Elwood was Quoted in an Article Entitled, "Latin American Companies See Opportunities in China’s Safety Woes" Posted on LatinLawyer Online
September 26, 2007
Bryan A. Elwood was quoted in an article entitled, "Latin American Companies See Opportunities in China’s Safety Woes" posted on LatinLawyer Online, September 25, 2007. The article was in reference to the New York State Bar Association International Law and Practice Section conference in Peru where Mr. Elwood participated in a panel discussion on "Trade Issues Affecting Exports from Latin America."
Curtis Mexico associate Mauricio Foeth authored an article entitled, "Solución de controversias en materia de inversión extranjera: Capítulo XI" of NAFTA, published in Jurídica, the law review of the University Iberoamericana in Mexico City
September 26, 2007
Curtis Mexico associate Mauricio Foeth authored an article entitled, "Solución de controversias en materia de inversión extranjera: Capítulo XI" of NAFTA, published in Jurídica, the law review of the University Iberoamericana in Mexico City. The article explains the rights and protections for investors and investments in NAFTA countries as well as the different applicable ICSID and UNCITRAL rules and procedures as part of the resolution of investment disputes.
Curtis Attorneys Selected as Super Lawyers
September 25, 2007
The Curtis attorneys listed below were selected by Super Lawyers as the top 5% of Manhattan lawyers for their high degree of peer recognition and professional achievement. They appeared on the 2007 list of Super Lawyers published in September. Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations.
Peter E. Fleming, Jr., Partner
General Litigation, Criminal Defense and Securities Litigation
T. Barry Kingham, Partner
Civil Litigation Defense, Criminal Defense: White Collar, Alternative Dispute Resolution
Eliot Lauer, Partner
Business Litigation, Securities Litigation, Criminal Defense: White Collar
Steven J. Reisman, Partner
Bankruptcy & Creditor/Debtor Rights
Robert W. Sheehan, Partner
Estate Planning & Probate
Lizabeth L. Burrell, Counsel
Transportation/Maritime, Appellate, Business/Corporate
Mubarak Said of the Muscat office was elected by the US Embassy to be a Member of the Board of Directors of the Muscat American Business Council
September 19, 2007
Mubarak Said of the Muscat office was elected by the US Embassy to be a Member of the Board of Directors of the Muscat American Business Council.
Curtis is an exclusive legal sponsor of the Lipper HedgeWorld Risk Forum - "Surviving the Storm - Lessons Learned from the Subprime Crisis" on Thursday, October 25, 2007
September 14, 2007
Curtis is an exclusive legal sponsor of the Lipper HedgeWorld Risk Forum - "Surviving the Storm - Lessons Learned from the Subprime Crisis" on Thursday, October 25, 2007 at the Indian Harbor Yacht Club in Greenwich, CT. This is a panel discussion by three industry veterans with over a century of experience; Leslie Rahl and Barbara Lucas of Capital Market Risk Advisors, Inc. and Rick Bookstaber author of "A Demon of Our Own Design." The panel discussion begins at 4:30 p.m. followed by a cocktail reception from 6:00 p.m. - 8:00 p.m.
If you are interested in attending, please contact Bobbie Brock at bbrock@cm-p.com or at 212-696-6923.
Curtis partner Victor Zimmermann will be a panelist at the Lipper HedgeWorld Investor Outlook and Master Class seminar on Tuesday, October 2, 2007
September 14, 2007
Curtis partner Victor L. Zimmermann will be a panelist at the Lipper HedgeWorld Investor Outlook and Master Class seminar on Tuesday, October 2, 2007 at the New York Athletic Club. Mr. Zimmermann will speak on the panel entitled, "Seeding Capital: The Tradeoffs." The seminar begins at 9:15 a.m. and will finish at 4:45 p.m.
Curtis partner, Victor L. Zimmermann participated in a panel discussion entitled "Managing Costly Cash Flow Mismatches Through Credit Facilities"
September 11, 2007
Curtis partner, Victor L. Zimmermann participated in a panel discussion entitled "Managing Costly Cash Flow Mismatches Through Credit Facilities" at the Financial Research Associates Annual Hedge Fund Business Operations Forum on September 11, 2007.
Curtis, Mallet-Prevost was named in the September 2007 issue of The American Lawyer.
September 10, 2007
In the September 2007 issue of The American Lawyer, Curtis partners T. Barry Kingham and Turner Smith, and associates Gabriel Hertzberg and Priya Swaminathan were named in the Big Suits column as counsel to the Fédération Internationale de Football Association.
Curtis Attorneys Selected as The Best Lawyers in America 2008
September 7, 2007
The following Curtis attorneys were listed in Best Lawyers for their respective areas of practice; Lizabeth L. Burrell, Maritime Law; Peter E. Fleming, Jr., White-Collar Criminal Defense; T. Barry Kingham, Commercial Litigation and White-Collar Criminal Defense; Eliot Lauer, White-Collar Criminal Defense; and Robert W. Sheehan, Trusts and Estates.
Andrew H. Seiden, International Corporate partner, was appointed Chair of the Publicity, Privacy & Media Committee of the New York State Bar Association’s Entertainment, Arts and Sports Law Section.
September 7, 2007
Andrew H. Seiden, International Corporate partner, was appointed Chair of the Publicity, Privacy & Media Committee of the New York State Bar Association’s Entertainment, Arts and Sports Law Section.
Ibrahim Al Akhzami of the Muscat office has recently been admitted to practice in the Court of Appeal in Oman.
September 5, 2007
Ibrahim Al Akhzami of the Muscat office has recently been admitted to practice in the Court of Appeal in Oman.
Victor L. Zimmermann, partner of the Curtis Stamford office and Vice Chairman of the Firm’s International Funds practice, was extensively quoted in an article entitled "Hedge Fund Managers See Opportunity"
August 14, 2007
Victor L. Zimmermann, partner of the Curtis Stamford office and Vice Chairman of the Firm’s International Funds practice, was extensively quoted in an article entitled "Hedge Fund Managers See Opportunity" in the August 14, 2007 issue of the Stamford Advocate.
Curtis counsel and President of The Maritime Law Association of the United States, Lizabeth L. Burrell participated in the signing of the new Nairobi Convention on Wreck Removal.
August 7, 2007
Curtis counsel and President of The Maritime Law Association of the United States, Lizabeth L. Burrell participated in the signing of the agreed text of the new Nairobi Convention on Wreck Removal as a member of the U.S. delegation to the International Maritime Organization, the maritime branch of the United Nations. The signing of the new convention text took place on May 18, 2007.
Curtis partner Lynn P. Harrison 3rd recently participated in a video interview entitled "China’s Changing Economy" on Forbes.com
August 2, 2007
Curtis partner Lynn P. Harrison 3rd recently participated in a video interview entitled "China’s Changing Economy" on Forbes.com. To view the video, please click on the link below.
"China’s Changing Economy" on Forbes.com
Curtis, Mallet-Prevost, Colt & Mosle S.C. is profiled in the 2007 issue of LatinLawyer 250
August 2, 2007
Curtis, Mallet-Prevost, Colt & Mosle S.C. is profiled in the 2007 issue of LatinLawyer 250, Latin America's leading business law firms publication.
Curtis Mexico associate Mauricio Foeth’s article, "Mexico: Legal Obligations of Mexican Companies - Or How to Avoid Common Pitfalls" has been posted on Mondaq.
August 1, 2007
Curtis Mexico associate Mauricio Foeth’s article, "Mexico: Legal Obligations of Mexican Companies - Or How to Avoid Common Pitfalls" has been posted on Mondaq on July 26, 2007. Mondaq is an electronic resource of professionals’ knowledge and expertise providing legal, regulatory and financial commentary and information. To view the article, please click on the link below.
Mexico: Legal Obligations of Mexican Companies - Or How to Avoid Common Pitfalls
Curtis serves as conflicts counsel to Calpine Corp.
July 16, 2007
Curtis serves as conflicts counsel to Calpine Corp., and its affiliated debtor and non-debtor entities in its chapter 11 bankruptcy cases pending in the United States Bankruptcy Court for the Southern District of New York. Calpine is the world’s largest producer of geothermal electricity and operates the largest fleet of natural gas-fired plants in North America. Calpine’s chapter 11 bankruptcy cases are the largest and most complex reorganizations that have been filed under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. On June 20, 2007, with the assistance of Curtis, Calpine filed its Disclosure Statement and Plan of Reorganization. The filing of a Disclosure Statement and Plan of Reorganization is a significant milestone in Calpine’s reorganization efforts. Calpine hopes to have its Plan of Reorganization confirmed during the 4th Quarter of 2007. The Curtis team working on the Calpine bankruptcy cases is led by partners Steven Reisman, Dan Lenihan, Mike Moscato and Theresa Foudy.
The American Embassy in Muscat recently granted Ibrahim A. Al-Akhzami, Curtis Oman associate, a scholarship to attend a two week mini-MBA program.
July 16, 2007
The American Embassy in Muscat recently granted Ibrahim A. Al-Akhzami, Curtis Oman associate, a scholarship to attend a two week mini-MBA program conducted by the Center for Entrepreneurial Excellence in Bahrain. The program was offered to the top 15 promising young Omani leaders.
Katonah Village Improvement Society
July 10, 2007
Curtis is representing the Katonah Village Improvement Society pro bono in KVIS’s opposition to Martha Stewart Living Omnimedia’s attempted registration of the name "Katonah" as a trademark for a wide range of consumer products, including furniture, hardware, linens and paints. The Katonah Village Improvement Society is a non-profit 501(c)(3) community organization founded in 1878 to improve and maintain the quality of life in the village of Katonah, New York. The Curtis team is led by partners Andrew H. Seiden and Turner P. Smith. The team also includes counsel Eric J. Stenshoel, associates Michael J. Brown and Gabriel Hertzberg and summer associate Chelsea McLean.
Curtis has been mentioned as counsel to Katonah Village Improvement Society in the following media venues:
The Record Review - PDF, 7.46MB
Business Week Online
AOL News
Curtis’ Representation of Katonah Village Improvement Society Featured in Business Week Online
July 6, 2007
Business Week Online featured an article entitled "Katonah vs. Martha Stewart" on Wednesday, July 4, 2007. The article recognized Curtis, Mallet-Prevost’s pro bono representation of the Katonah Village Improvement Society in the case. International Corporate partner Andrew H. Seiden, Chair of the Firm’s Intellectual Property Practice Group, was quoted in the article. To read the article, please click on the link.
Counsels Gary L. Cutler and Andrew D. Otis co-authored an article entitled, "New Jersey to Pass Statute Implementing the Regional Greenhouse Gas Initiative"
July 2, 2007
Counsels Gary L. Cutler and Andrew D. Otis co-authored an article entitled, "New Jersey to Pass Statute Implementing the Regional Greenhouse Gas Initiative," which was featured in the June 2007 issue of the New Jersey State Bar Association Environmental Law Newsletter.
To read the article, please click on the link below.
New Jersey State Bar Association Environmental Law Newsletter - PDF, 69KB
Curtis was featured in The Record-Review article entitled, "Legal Eagles Enlisted to Combat Martha Stewart Trademark Plan".
June 25, 2007
Curtis was featured in The Record-Review article entitled, "Legal Eagles Enlisted to Combat Martha Stewart Trademark Plan," that reports on the Firm’s pro bono representation of the not-for-profit Katonah Village Improvement Society, in its opposition to Martha Stewart Living Omnimedia’s attempt to register the name "Katonah" as a trademark. The Curtis team is led by partners Andrew H. Seiden and Turner P. Smith. The team also includes counsel Eric J. Stenshoel, associates Michael J. Brown and Gabriel Hertzberg and summer associate Chelsea McLean.
To read the article, please click on the link below.
Record-Review - PDF, 7.46MB
Curtis Paris Partner Geoffroy P. Lyonnet was Appointed by the ICC Commission of Arbitration as Co-chair of a Task Force.
June 7, 2007
Curtis Paris partner Geoffroy P. Lyonnet was appointed by the ICC Commission of Arbitration as co-chair of a task force on: "National rules of procedure for recognition and enforcement of foreign arbitral awards pursuant to the New York Convention of 1958," an important initiative meant to celebrate the 50th anniversary of the New York Convention.
Curtis Client Flextronics announces the signing of a merger agreement to acquire Solectron Corporation in a stock and cash deal valued at over $3.6 billion.
June 5, 2007
Flextronics International Ltd. announced today the signing of a merger agreement to acquire Solectron Corporation in a stock and cash deal valued at over $3.6 billion. The combined company will have annual revenues of more than $30 billion, operations in 35 countries and a combined workforce of approximately 200,000 employees, and will combine Flextronics's vertical integration and ODM capabilities with Solectron's strengths in high-end computing, communications and networking infrastructure. Following completion, Flextronics will be the premier global provider of advanced design and vertically integrated electronics manufacturing services. The closing is expected to occur at the end of 2007 and is subject to shareholder and regulatory approvals and other customary closing conditions.
The Curtis team on this matter includes Jeffrey N. Ostrager, Valarie Hing, Jeffrey Zuckerman, Evan Borenstein, Eduardo Cukier, Andrew Otis, Mike Kushner, John Nielsen, Eric Stenshoel, Danny Phillips, Doug Glazer, Leonora Shalet, Azish Filabi, Olga Beloded and Veronique Hodeau.
The Firm’s representation of Flextronics was covered in publications including The Deal, PR Newswire and Mergerstat Review.
Read More ...
Mexico City Partner, Antonio M. Prida’s article was published by The Harvard Law School Association of Mexico.
June 5, 2007
Mexico City Partner, Antonio M. Prida’s article entitled, "The Religion Laws of the Mexican State, Analyzed from the Perspective of Benito Juárez Ideals and from the Perspective of the Human Rights International Law," was published by The Harvard Law School Association of Mexico.
Bryan Elwood’s article was published in the North American Free Trade & Investment Report.
June 4, 2007
Bryan Elwood, Counsel in the Washington D.C. office, specializing in International Trade and Customs law, authored the article, "U.S. Food Standards Modernization--what Mexican and Canadian food exporters should know about U.S. food safety and how pending new regulation could become a problem for them." The article was published in the May 31st issue of the North American Free Trade & Investment Report, a business biweekly report on legal and financial issues affecting direct investment and cross-border trade in Mexico, the U.S. and Canada.
Curtis has been selected to be on The American Lawyer’s list of the nation’s 200 highest-grossing law firms.
June 1, 2007
Curtis has been selected to be on The American Lawyer’s list of the nation’s 200 highest-grossing law firms.
Curtis Promotes Five Attorneys at the New York Headquarters.
June 1, 2007
Curtis has named four new partners, Evan Borenstein, Martin Forman, James McCann, Peter F. Stewart, and one new counsel John Nielsen.
Please click on the link below to see the announcement.
New York Announcement
Curtis Was Featured in the New York Lawyer.
May 21, 2007
Curtis was featured in an article entitled "Constantinople to Chow Down on Some Turkey" posted on the New York Lawyer website on May 18, 2007. The article mentions the opening of the Curtis Istanbul office.
Curtis Announces the Opening of an Istanbul Office.
May 16, 2007
Read More
Curtis attorney Ali Gursel was quoted in an article entitled "Curtis, Mallet Launches in Istanbul"
May 16, 2007
Curtis attorney Ali Gursel was quoted in an article entitled "Curtis, Mallet Launches in Istanbul" in the May 16, 2007 issue of The Lawyer. Mr. Gursel stated, "It'll help us to better support our clients in these jurisdictions. We've always run an international firm and we have wanted to expand our capabilities
further."
Curtis London acts as lead transaction counsel in the IPO of Estonian company, Ekspress Grupp.
May 10, 2007
Read More
Curtis partners R. Jay Fortin and Victor L. Zimmermann co-authored an article entitled "Issues for Asset-Based Lending Funds - Protecting Your Collateral in Structured Cross-border Commodity Finance"
May 4, 2007
Curtis partners R. Jay Fortin and Victor L. Zimmermann co-authored an article entitled "Issues for Asset-Based Lending Funds - Protecting Your Collateral in Structured Cross-border Commodity Finance." The article will be published in the ISI Publication, Alternative Investment Quarterly, Issue 22, First Quarter 2007. Distribution of the publication is scheduled for May.
Curtis Partner Jeffrey I. Zuckerman Quoted in the Global Competition Review.
May 2, 2007
Curtis Partner Jeffrey I. Zuckerman was quoted in the April 27, 2007 issue of the Global Competition Review in an article entitled "Consortium Snaps Up Sallie Mae."
ICC Arbitration.
May 1, 2007
Curtis represented a state oil company in an ICC arbitration involving an alleged long-term contract for the supply of an oil product to a major power company.
ICSID Arbitration.
May 1, 2007
Curtis represented a Latin American government in an ICSID arbitration against an international oil company involving oil production.
Curtis Partner Victor L. Zimmermann was Extensively Quoted in the April 28, 2007 Edition of Stamford, Connecticut's Daily Newspapers.
April 30, 2007
Curtis partner Victor L. Zimmermann was extensively quoted in the April 28, 2007 edition of Stamford, Connecticut's daily newspapers, The Advocate, and their affiliate Greenwich Time, in an article entitled "Hedge Fund Bill May Not Get a Vote."
Fourth Circuit Cites Curtis Partner Jacques Semmelman's Law Review Article.
April 30, 2007
In a decision issued March 22, 2007, the United States Court of Appeals for the Fourth Circuit cited Jacques Semmelman's law review article, Federal Courts, the Constitution, and the Rule of Non-Inquiry in International Extradition Proceedings, 76 Cornell L. Rev. 1198 (1991), to reject the Government's argument, based on the "Rule of Non-Inquiry," that a federal district court lacks jurisdiction to review an extradition decision by the Secretary of State. The Rule of Non-Inquiry, a common law doctrine developed by the federal courts in international extradition cases, precludes a U.S. court from scrutinizing a foreign government's legal system in deciding whether to certify an accused for extradition. The Fourth Circuit stated that "[u]nderstanding the underpinnings of this rule is critical in deciding whether it applies here," and proceeded to cite extensively to Mr. Semmelman's article. The court concluded, based largely upon the history and doctrinal evolution of the rule as delineated in the article, that the Government's position was unjustified. The court, however, sustained the Government's position on a different, statutory basis. The case is reported at Mironescu v. Costner, 480 F.3d 664 (4th Cir. 2007).
Curtis partners Edward A. Kotite, Lawrence Goodman and Tom Mackay advised Gavel Securities on the funding and acquisition of Quarter Moon, Inc.
April 30, 2007
Curtis partners Edward A. Kotite, Lawrence Goodman and Tom Mackay advised Gavel Securities on the funding and acquisition of Quarter Moon, Inc., a leading manufacturer and supplier of recreational and high performance small sailboats in North and Central America.
Curtis Partner Eero Rautalahti authors chapter in Financing Global Mining: The Complete Picture for PFI Market Intelligence.
April 30, 2007
Eero Rautalahti's chapter on 'Long-term concentrate contracts - essential risk management' was recently published in Financing Global Mining: The Complete Picture produced by PFI Market Intelligence. The publication looks at capital markets activity as it relates to the mining industry.
Curtis Partner Lynn P. Harrison, 3rd was featured in the Financier Worldwide.
April 27, 2007
Curtis Partner Lynn P. Harrison, 3rd authored an article entitled "East Meets West: Distressed Investing in China," which was featured in the Financier Worldwide April 2007 issue. Financier Worldwide is published every month and is recognized as a leading source of intelligence to the deal community.
Curtis Mexico associate Mauricio Foeth's article was featured in the North American Free Trade and Investment Report.
April 26, 2007
Curtis Mexico associate Mauricio Foeth's article entitled "Common Mistakes in Shareholders' Meetings in Mexican Stock Corporations," was featured in the April 15, 2007 issue of the North American Free Trade and Investment Report.
Curtis partner Peter M. Wolrich is chairing a panel on "Current Practice in International Arbitration" for Georgetown University Law Center.
April 24, 2007
Curtis partner Peter M. Wolrich is chairing a panel on "Current Practice in International Arbitration" for Georgetown University Law Center in Paris on May 5, 2007. He will also speak on the panel regarding "Techniques for Controlling Time and Cost in Arbitration."
Curtis partner Lynn P. Harrison 3rd was quoted in The Deal.
April 18, 2007
Curtis partner Lynn P. Harrison 3rd was quoted in the March 19-25, 2007 issue of The Deal in an article entitled "Down and Out in China."
Curtis attorney Peter Stewart will moderate a Solar Energy Panel at the Sixth Annual NanoBusiness Alliance Conference.
April 13, 2007
Curtis attorney Peter Stewart will moderate a Solar Energy Panel at the Sixth Annual NanoBusiness Alliance Conference on Monday, April 16, 2007 at the Marriott Marquis in Times Square. The NanoBusiness Alliance is an industry association for the emerging nanotechnology industry.
Curtis partner Victor L. Zimmermann was a quoted source in an article titled, "Navigating the Hedge Fund Maze in a Leveraged World".
April 6, 2007
Curtis partner Victor L. Zimmermann was a quoted source in an article titled, "Navigating the Hedge Fund Maze in a Leveraged World" in the Business Section of The New York Times, April 6, 2007 edition.
Curtis international corporate partner Marie-Thérèse Allen participated as a delegate to the 23rd Annual International Business Conference of the Financial Women's Association of New York, which was held from March 15th through March 27, 2007 in Hanoi and Ho Chi Minh City, Vietnam.
April 5, 2007
Curtis international corporate partner Marie-Thérèse Allen participated as a delegate to the 23rd Annual International Business Conference of the Financial Women's Association of New York, which was held from March 15th through March 27, 2007 in Hanoi and Ho Chi Minh City, Vietnam. During the Conference she met with a number of high ranking government officials, members of parliament and ministers, and with CEOs and other executives of both Vietnamese businesses and government-owned entities, as well as of multinationals, other foreign companies and international banks doing business in Vietnam.
As a co-sponsor of the Conference (together with HSBC, Citibank, Vietcombank, AIG and VinaCapital), Curtis was showcased to all of the delegates, speakers and other participants in the Conference, and beyond through the Conference’s coverage in the Vietnamese business press.
Curtis London, led by Eero Rautalahti, have acted as the lead transaction counsel in the IPO of Ekspress Grupp, an Estonian publishing company operating in the Baltic States.
April 3, 2007
Curtis London, led by Eero Rautalahti, has acted as the lead transaction counsel in the IPO of Ekspress Grupp, an Estonian publishing company operating in the Baltic States. The transaction comprised a public offering under the EU Prospectus Directive and a private placement to European institutional investors. The Firm's client Suprema Securities was the Global Coordinator and Bookrunner for the offering which was eight times over-subscribed. The value of the transaction was $41 million and gave the company a market capitalization of $127 million.
Other Curtis attorneys who worked on this matter include Tom Mackay, Gerd Laub, Nick Donnelly and Chrysola Kounoupa in London and Peter Stewart and Jean Poh in New York.
Curtis Represents Federal Government in Loan Restructuring
March 21, 2007
On March 15, 2007, the Emergency Steel Loan Guarantee Board, represented by Curtis, entered into an agreement to restructure its $250 million federally guaranteed project loan to Wheeling Pittsburgh Steel Company. The loan proceeds were used to construct a state of the art electric arc furnace at the company's plant in Steubenville, Ohio. The restructuring cleared the way for Wheeling's merger with Esmark Corporation, a downstream steel finishing and fabrication company. Wheeling was required to raise $50 million in new subordinated convertible debt and prepay $37.5 million in principal and one year of interest on the federal loan, in exchange for which Wheeling was granted financial covenant relief and consent to consummate the merger on specified terms and conditions. The covenant relief was structure to averted a "going concern" qualification to PricewaterhouseCoopers' audit opinion on Wheeling's 2006 financial statements. The engagement was handled for Curtis by Daniel Lenihan and Evan Borenstein, working in conjunction with the Steel Board's financial advisor, Lazard Freres & Co., and the loan's administrative agent, Royal Bank of Canada. The Steel Board was established by Act of Congress in 1999 and has been represented by Curtis since its inception. The Board is comprised of the Vice Chairman of the Federal Reserve Board, the Deputy Secretary of the Department of Commerce, and one of the five Commissioners of the Securities and Exchange Commission.
Curtis partner, Peter M. Wolrich was lead counsel in an arbitration brought by a privately owned company against a tank terminal operator.
March 15, 2007
Curtis partner, Peter M. Wolrich was lead counsel in an arbitration brought by a privately owned company against a tank terminal operator. The dispute involved claims for damages resulting from the shutdown of the client's plant due to a fire on the respondent's premises. An award in favor of Curtis's client was recently rendered by the Arbitral Tribunal.
Curtis Mexico associate Mauricio Foeth’s article “Legal Obligations of Mexican Companies - Or How to Avoid Common Pitfalls,” part 2 was published in the February 15, 2007 issue of the North American Free Trade and Investment Report, a biweekly report on legal and financial issues affecting direct investment and cross-border trade in Mexico, the U.S. and Canada.
March 14, 2007
Curtis Mexico associate Mauricio Foeth’s article “Legal Obligations of Mexican Companies - Or How to Avoid Common Pitfalls,” part 2 was published in the February 15, 2007 issue of the North American Free Trade and Investment Report, a biweekly report on legal and financial issues affecting direct investment and cross-border trade in Mexico, the U.S. and Canada. To view the article, please click on the link below.
Please click here to view article.
Curtis partner and Co-Chairman of the Firm's Bankruptcy & Creditors' Rights Department, L.P. Harrison 3rd will speak at the Practising Law Institute's 29th Annual Current Developments in Bankruptcy & Reorganization seminar on Monday, April 9 and Tuesday, April 10, 2007.
March 12, 2007
Curtis partner and Co-Chairman of the Firm's Bankruptcy & Creditors' Rights Department, L. P. Harrison 3rd will speak at the Practising Law Institute's 29th Annual Current Developments in Bankruptcy & Reorganization seminar on Monday, April 9 and Tuesday, April 10, 2007. To view the program brochure, please click on the link below.
Please click here to view program brochure.
Curtis partner and Chair of the Private Equity Group Lawrence Goodman will speak at the Capital Roundtable: The Art of the Smaller Deal MasterClass - “How Smaller Middle- Market P.E. Funds Can Outperform the Great Big Ones” on Thursday, March 15, 2007 at the University Club in New York City.
March 08, 2007
Curtis Paris partner and Chair of the Private Equity Group Lawrence Goodman will speak at the Capital Roundtable: The Art of the Smaller Deal MasterClass - “How Smaller Middle- Market P.E. Funds Can Outperform the Great Big Ones” on Thursday, March 15, 2007 at the University Club in New York City. The seminar will be held from 7:30 a.m. - 5:30 p.m. To register and receive $150 discount for the seminar go to http://www.capitalroundtable.com/masterclass/mc_2007-03-15.html and enter code "CurtisVIP."
Curtis partner Lynn P. Harrison 3rd appeared on "A Passage From Wall Street," a weekly 25 minute special that aired on Phoenix TV InfoNews Channel.
March 08, 2007
Curtis Paris partner Lynn P. Harrison appeared on "A Passage From Wall Street," a weekly 25 minute special that aired on Phoenix TV InfoNews Channel. Mr. Harrison discussed investment and business opportunities in China, and what the Chinese government should do to enable Western investors to help Chinese business grow.
Curtis Frankfurt partner Dr. Ronald Moeder and associate Christian Ochs are presenting on the topic "eAdministration today and tomorrow!?"
March 06, 2007
Curtis Paris partner Dr. Ronald Moeder and associate Christian Ochs are presenting on the topic "eAdministration today and tomorrow!?" for the Local Government of the City of Stuttgart on March 7, 2007.
Curtis Paris partner Raymond Gianno will be an expert participant for Doing Business in 2008, scheduled for publication in September 2007
February 27, 2007
Curtis Paris partner Raymond Gianno will be an expert participant for Doing Business in 2008, scheduled for publication in September 2007. The Doing Business database provides objective measures of business regulations and their enforcement. The Doing Business indicators are comparable across 175 countries. They indicate the regulatory costs of business and can be used to analyze specific regulations that enhance or constrain investment, productivity, and growth. Doing Business has stimulated reforms in over 50 countries.
Curtis Counsel Lizabeth L. Burrell was mentioned in the March 5, 2007 issue of Holland & Knight's newsletter the Maritime Spotlight and in the February 20, 2007 issue of Maritime Advocate Online
February 23, 2007
Curtis counsel Lizabeth L. Burrell was mentioned in the March 5, 2007 issue of Holland & Knight's newsletter the Maritime Spotlight and in the February 20, 2007 issue of Maritime Advocate Online. Ms. Burrell is president of the Martime Law Association and will be accepting an award on its behalf during a reception on March 28, 2007 where The American Merchant Museum Foundation at King’s Point will pay tribute to the US Maritime Law Association.
Curtis Frankfurt Partner Dr. Ronald Moeder presented on the topic of Corporate Governance at an MBA Program during the 2006/2007 winter semester seminar at Heilbronn University in Germany
February 8, 2007
Curtis Frankfurt partner Dr. Ronald Moeder presented on the topic of Corporate Governance at an MBA Program during the 2006/2007 winter semester seminar at Heilbronn University in Germany. Topics Dr. Moeder discussed included, “What is Corporate Governance,” “Principles of Corporate Governance,” “Corporate Governance in Practice,” and “Topics for Seminar Theses.”
Curtis Mexico Associate Mauricio Foeth’s article “Legal Obligations of Mexican Companies - Or How to Avoid Common Pitfalls” has been published in the January 31, 2007 issue of the North American Free Trade and Investment Report
February 8, 2007
Curtis Mexico associate Mauricio Foeth’s article “Legal Obligations of Mexican Companies - Or How to Avoid Common Pitfalls” has been published in the January 31, 2007 issue of the North American Free Trade and Investment Report, a biweekly report on legal and financial issues affecting direct investment and cross-border trade in Mexico, the U.S. and Canada.
Please click here to download a copy of the article.
(.pdf, 258kb)
Curtis Partner Frank Russo, Counsel Stephen W. Duffy and Associates Carlos Longoria and Cristina Ramos advised Hilton Koch, owner and president of Hilton Mattress, one of Houston’s most successful and recognizable businesses, in his US$10 million purchase of the WNBA Houston Comets
February 1, 2007
Curtis partner Frank Russo, counsel Stephen W. Duffy and associates Carlos Longoria and Cristina Ramos advised Hilton Koch, owner and president of Hilton Mattress, one of Houston’s most successful and recognizable businesses, in his US$10 million purchase of the WNBA Houston Comets.
Curtis Partner Peter M. Wolrich has authored a chapter entitled “ADR Under the ICC ADR Rules” in the publication ADR in Business Practice and Issues Across Countries and Cultures (Wolters Kluwer Law & Business, December 2006)
January 30, 2007
Curtis partner Peter M. Wolrich has authored a chapter entitled “ADR Under the ICC ADR Rules” in the publication ADR in Business Practice and Issues Across Countries and Cultures (Wolters Kluwer Law & Business, December 2006). The purpose of the book is to look at ADR on its own terms as a way of resolving business disputes, particularly at the international level.
Curtis Counsel Lizabeth L. Burrell, president of The Maritime Law Association of the United States (“MLA”), attended a MLA Officers’ Meeting and Luncheon in Washington, D.C. on January 9, 2007
January 22, 2007
Curtis Counsel Lizabeth L. Burrell, president of The Maritime Law Association of the United States (“MLA”), attended a MLA Officers’ Meeting and Luncheon in Washington, D.C. on January 9, 2007. Also in attendance were representatives of the U.S. Department of State, Commerce, Justice, Transportation and Homeland Security, the Army Corps of Engineers, and of the Navy and Coast Guard.
Curtis Partner Carl A. Ruggiero, Frankfurt Counsel Marc V. Kramer and Associate Thomas Laurer were interviewed by Hedgework and spoke at a Hedgework event
January 18, 2007
Curtis partner Carl A. Ruggiero, Frankfurt counsel Marc V. Kramer and associate Thomas Laurer were interviewed by Hedgework, an organization that brings together members of the alternative investment and hedge fund industry in Germany. The discussion focused on structuring international hedge funds and the latest trends in hedge funds. The interview has been published on Hedgework’s website (www.hedgework.de) and was also circulated directly to all Hedgework members (around 500 people from the German alternative investment industry/community).
Shortly after the interview, Mr. Ruggiero, Mr. Kramer and Mr. Laurer spoke at a monthly Hedgework event in Frankfurt on “Convergence of hedge funds and private equity-legal aspects of an international trend.”
Please click here to download a copy of the interview.
(German, .pdf, warning: large file/slow download)
Curtis Partner Antonio M. Prida was featured in the January edition of Entorno, a news magazine of the Confederation of Employers of the Mexican Republic (COPARMEX), as the co-author of “A Proposed Agenda for an Electoral Reform”
January 17, 2007
Curtis partner Antonio M. Prida was featured in the January edition of Entorno, a news magazine of the Confederation of Employers of the Mexican Republic (COPARMEX), as the co-author of “A Proposed Agenda for an Electoral Reform.” Mr. Prida’s article indicates that past presidential elections in Mexico showed the strength of the electoral institutions which withstood pressure from populist parties and non-governmental groups. However, Mr. Prida also proposes reforms to the election laws in order to avoid the post-electoral drama witnessed by the world.
Curtis Partner Carl A. Ruggiero was quoted in the January 12th edition of Connecticut’s daily newspaper, The Advocate, in an article titled “A Portfolio Fit for a Prophet”
January 12, 2007
Curtis partner Carl A. Ruggiero was quoted in the January 12th edition of Connecticut’s daily newspaper, The Advocate, in an article titled “A Portfolio Fit for a Prophet.” The article discusses Western hedge funds looking to the Middle East for capital.
Curtis Counsel Lizabeth L. Burrell is listed as one of the “Notable Practitioners” in Shipping in the 2007 edition of Chambers and Partners Global Guide.
January 11, 2007
Curtis counsel Lizabeth L. Burrell is listed as one of the “Notable Practitioners” in Shipping in the 2007 edition of Chambers and Partners Global Guide.
Curtis Partner Victor L. Zimmermann quoted in Stamford Advocate
December 19, 2006
Victor L. Zimmermann, managing partner of the Firm’s Stamford, Connecticut office, was quoted extensively in the article “Funds Likely To Support Investor Limits” published in the Stamford Advocate on December 21, 2006. The article describes the favorable investor reaction to the SEC’s recent proposal to limit the number of investors eligible to invest in hedge funds to those worth more than US$2.5M.
Curtis Represented Wilmington Trust Company in Chapter 11 Reorganization Of Winn-Dixie Stores, Inc. And Affiliates
December 19, 2006
Curtis represented Wilmington Trust Company in its role as Indenture Trustee of the US$300M eight and seventh-eighths (87/8%) Senior Notes, due in 2008, issued by Winn-Dixie Stores, Inc. and guaranteed by various affiliates (collectively “Winn-Dixie”). Wilmington Trust also served as an active member of the Official Committee of Unsecured Creditors of Winn-Dixie. Winn-Dixie’s Plan of reorganization became effective on November 21, 2006 and the holders of the Senior Notes are expected to recover in excess of 96 cents on the dollar on their unsecured claims payable in publicly traded reorganized Winn-Dixie Common Stock expected to be issued on or about December 21, 2006. The Curtis team was led by partners Steven J. Reisman and Theresa Foudy. Associates Andrew Thau, Peter Behmke and Anting Wang assisted on the engagement.
Curtis was mentioned as counsel to PlusFunds in an article entitled “Stepping Away from the Data” in the December 15, 2006 issue of HedgeWorld Daily News
December 18, 2006
Curtis was mentioned as counsel to PlusFunds in an article entitled “Stepping Away from the Data” in the December 15, 2006 issue of HedgeWorld Daily News.
Curtis Counsel Lizabeth L. Burrell was quoted extensively in an article titled “Law Society Walks the Link on EFTs” in the December 15, 2006 issue of TradeWinds, a maritime-focused publication
December 14, 2006
Curtis counsel Lizabeth L. Burrell was quoted extensively in an article titled “Law Society Walks the Link on EFTs” in the December 15, 2006 issue of TradeWinds, a maritime-focused publication.
Curtis Partner Turner Smith was mentioned as counsel to the Fédération Internationale de Football Association (FIFA) in an article titled “FIFA to Appeal Ruling” in London’s The Daily Telegraph on Thursday, December 14, 2006
December 14, 2006
Curtis partner Turner Smith was mentioned as counsel to the Fédération Internationale de Football Association (FIFA) in an article titled “FIFA to Appeal Ruling” in London’s The Daily Telegraph on Thursday, December 14, 2006.
Curtis Counsel Bryan Elwood co-authored an article entitled “NAFTA at Twelve Years: An Overview” that was published in the New York Bar Association’s International Law Practicum periodical
December 13, 2006
Curtis Counsel Bryan Elwood co-authored an article entitled “NAFTA at Twelve Years: An Overview” that was published in the New York Bar Association’s International Law Practicum periodical
Curtis client Access completed a sale of its 25% + 1 share stake in Svyazinvest, the Russian national telephone company, to OAO Comstar United Telesystems (“Comstar”) in the largest Russian transaction of the year
December 12, 2006
Curtis client Access completed a sale of its 25% + 1 share stake in Svyazinvest, the Russian national telephone company, to OAO Comstar United Telesystems (“Comstar”) in the largest Russian transaction of the year. As part of the same transaction, Access acquired the right to purchase 11% of the shares of Comstar, a Russian company that did an IPO in February of this year. Access purchased the Svyazinvest stake in 2004 from the Soros group in a transaction handled by Evan Borenstein and Jeff Ostrager.
The Curtis team who handled the transaction was led by William Bricker and included Evan Borenstein, Eileen Matthews, Jeff Ostrager, Doug Glazer, Ed Cukier, Olga Beloded, Valarie Hing and Tom Mackay.
Please click here to download the official Curtis announcement of the deal.
Curtis Partner Robert W. Sheehan is a new member of the Society of Trusts and Estates Practitioners (STEP)
December 11, 2006
Curtis partner Robert W. Sheehan is a new member of the Society of Trusts and Estates Practitioners (STEP). STEP is a unique professional body providing members with a local, national and international learning and business network. Members of STEP are the most experienced and senior practitioners in the field of trusts and estates.
Curtis Partner Eduardo A. Cukier has been appointed Special Professor of Law at the Hofstra University School of Law
December 7, 2006
Curtis partner Eduardo A. Cukier has been appointed Special Professor of Law at the Hofstra University School of Law. He will teach a course on International Taxation during the 2007 spring semester.
Curtis Partner Peter M. Wolrich will appear in The International Who’s Who of Commercial Arbitration 2007
December 4, 2006
Curtis partner Peter M. Wolrich will appear in The International Who’s Who of Commercial Arbitration 2007, the Arbitration chapter of The International Who’s Who of Business Lawyers 2007, which will published in March 2007.
His listing can immediately be viewed on www.whoswholegal.com and www.globalarbitrationreview.com.
Curtis Counsel Andrew Otis and Associate Dora Straus achieved a victory for pro bono client New York Council of Dog Owner Groups (NYCDOG)
November 30, 2006
Curtis Counsel Andrew Otis and Associate Dora Straus achieved a victory for pro bono client New York Council of Dog Owner Groups (NYCDOG) in New York State Supreme Court - Queens County when Judge Peter A. Kelly issued an opinion dated November 30, 2006 in the matter of Juniper Park Civic Association, Inc v. City of New York, 7888/2006 that dismissed in its entirety petitioner’s motion to compel the New York City Parks Department to rescind its policy of allowing dogs off-leash in certain locations in City parks at certain hours.
Curtis Counsel Gary L. Cutler’s article “Corporate Responsibility for Misconduct of Management” was published in the Outside Counsel column of the November 28, 2006 New York Law Journal
November 30, 2006
Curtis Counsel Gary L. Cutler’s article “Corporate Responsibility for Misconduct of Management” was published in the Outside Counsel column of the November 28, 2006 New York Law Journal.
Curtis attorneys attend the Fall Meeting of the International Law and Practice Section of the New York State Bar Association held in Shanghai, China
November 30, 2006
Curtis attorneys Marco A. Blanco, Bryan A. Elwood, Lynn P. Harrison 3rd and Andrew D. Otis traveled to Shanghai in October for the Fall Meeting of the International Law and Practice Section of the New York State Bar Association.
Mr. Blanco, a member of the Meeting’s Steering Committee was a featured speaker at the event on the subject of cross-border tax planning. Mr. Elwood, Mr. Harrison and Mr. Otis co-chaired meeting panels and also spoke. Mr. Elwood’s presentation concentrated on international trade. Mr. Harrison addressed the recent developments in the bankruptcy laws of China and the United States with special emphasis on the New Enterprise Bankruptcy Law in China enacted in August 2006. Finally, Mr. Otis spoke about lessons from implementation of the National Environmental Policy Act for implementation of China’s Environmental Assessment Law. During their trip, the Curtis attorneys also traveled to Beijing to participate in additional conferences, deliver speeches and meet with Chinese law firms and potential clients. Curtis is currently assisting Chinese clients with legal issues in the United States, Europe and Latin America and developing a practice area to better assist clients with business in China.
For further information, please contact Greta Schneider, Client Relations Manager at gschneider@cm-p.com or Partners Roman Bninski rbninski@cm-p.com and Lynn Harrison lharrison@cm-p.com.
Curtis counsel Jonathan Harris was quoted in the November 17, 2006 issue of The New York Times
November 17, 2006
Curtis counsel Jonathan Harris was quoted in the November 17, 2006 issue of The New York Times in an article entitled, “Savoring a Small Victory After a Market Timing Scandal,” regarding the defense of Frederick J. O'Meally, former Prudential and Wachovia Broker.
Tom Mackay, partner of Curtis London, was one of about sixteen external lawyers invited to join an Implementation Advisory Group set up by the UK government after the UK Companies Act received Royal Assent
November 13, 2006
Tom Mackay, partner of Curtis London, was one of about sixteen external lawyers invited to join an Implementation Advisory Group set up by the UK government after the UK Companies Act received Royal Assent last week. It is reported to be the single largest piece of legislation in the world and will take many, many months before it is fully implemented.
Curtis was ranked among other national law firms for their 2006 summer associate program in The American Lawyer Student Edition, November 2006 issue
November 6, 2006
Curtis was ranked among other national law firms for their 2006 summer associate program in The American Lawyer Student Edition, November 2006 issue.
Curtis counsel Lizabeth L. Burrell was mentioned in October 2006 on The Maritime Advocate online as new counsel to the Firm
November 1, 2006
Curtis counsel Lizabeth L. Burrell was mentioned in October 2006 on The Maritime Advocate online as new counsel to the Firm.
Curtis associate Azish Filabi was published in the October 23, 2006 issue of the New Jersey Law Journal for her article entitled “Eminent Domain in the New Jersey Courts: A Review of the Superior Court Cases that have Interpreted Kelo”
October 25, 2006
Curtis associate Azish Filabi was published in the October 23, 2006 issue of the New Jersey Law Journal for her article entitled “Eminent Domain in the New Jersey Courts: A Review of the Superior Court Cases that have Interpreted Kelo.”
Click here to read the article
(135KB, pdf)
Curtis counsel Lizabeth L. Burrell was highlighted in the October 23, 2006 issue of The Lawyer as new counsel based in Curtis’s New York office and current president of the Maritime Law Association of the United States
October 23, 2006
Curtis counsel Lizabeth L. Burrell was highlighted in the October 23, 2006 issue of The Lawyer as new counsel based in Curtis’s New York office and current president of the Maritime Law Association of the United States.
Curtis Achieves Dismissal for Arthur Andersen LLP from Enron “Megaclaims” Proceeding
October 16, 2006
Curtis successfully defended Arthur Andersen LLP in the Enron “Megaclaims” Proceeding before Judge Gonzalez in the U.S. Bankruptcy Court for the Southern District of New York. Barclays — a defendant in the underlying proceeding — had asserted a third-party complaint against Andersen seeking contribution for certain claims brought against Barclays by the Enron estate.
On October 11, 2006, Judge Gonzalez granted Andersen’s motion to dismiss Barclays’ third-party complaint on the ground that a bankruptcy court cannot exercise supplemental jurisdiction pursuant to 28 U.S.C. § 1367. In his opinion, Judge Gonzalez adopted Andersen’s argument that a bankruptcy court’s jurisdiction is limited to those matters referred to a bankruptcy court by the district court under 28 U.S.C. § 157. Whether a bankruptcy court can exercise supplemental jurisdiction is a dynamic topic in current bankruptcy jurisprudence. The Curtis team included partners Eliot Lauer, Steven J. Reisman and Theresa A. Foudy, and associate Timothy N. McCabe.
Curtis partner Victor L. Zimmermann was quoted in the October 13, 2006 edition of Stamford, Connecticut’s daily newspapers, The Advocate, and their affiliate Greenwich Time, in an article entitled “Registration Reconsidered”
October 13, 2006
Curtis partner Victor L. Zimmermann was quoted in the October 13, 2006 edition of Stamford, Connecticut’s daily newspapers, The Advocate, and their affiliate Greenwich Time, in an article entitled “Registration Reconsidered.”
Curtis, Mallet-Prevost, Colt & Mosle Mexico City S.C. associate Mauricio Foeth was published in the July/August 2006 issue of A&M the German-Mexican Chamber of Commerce magazine for his article entitled “Nuevos Tipos De Sociedades Para Promover Las Inversiones”
October 12, 2006
Curtis, Mallet-Prevost, Colt & Mosle Mexico City S.C. associate Mauricio Foeth was published in the July/August 2006 issue of A&M the German-Mexican Chamber of Commerce magazine for his article entitled “Nuevos Tipos De Sociedades Para Promover Las Inversiones”.
Please click here to read the article
Curtis successfully defended Arthur Andersen LLP in a federal securities fraud class action brought to the U.S. District Court for the District of New Jersey
October 4, 2006
Curtis successfully defended Arthur Andersen LLP in a federal securities fraud class action brought to the U.S. District Court for the District of New Jersey. Andersen was the auditor of MedQuist, one of the nation’s leading medical transcription companies, whose shareholders alleged that MedQuist had fraudulently inflated its revenue by deliberately overbilling its customers. Andersen was alleged to have known of this fraud and yet still endorsed MedQuist’s financial statements. On September 29, 2006, Judge Jerome B. Simandle granted our motion to dismiss on the grounds that Andersen’s awareness of the fraud had not been adequately alleged. The court noted that the plaintiffs’ allegations were “self-defeating,” because they had alleged that MedQuist’s fraud operated by leaving no paper trail for an auditor to discover.
The Curtis team was led by partners Eliot Lauer and Michael J. Moscato, who were assisted by former associate Daria Ciaputa and associate David Frison.
Curtis represented the Government of the Sultanate of Oman in a 10-year agreement for the management and operation of the Al Duqm Dry Dockyard project
October 4, 2006
Curtis represented the Government of the Sultanate of Oman in a 10-year agreement for the management and operation of the Al Duqm Dry Dockyard project in the wilayat of Al Duqm with Daweoo Ship Building and Marine Engineering Co. Ltd. of South Korea. The project includes construction of two docks and one floating dock to repair and maintain ships including oil and gas tankers with 100,000 ton capacity.
Curtis wins US$3.8M Award for Former Prudential and Wachovia broker Frederick J. O’Meally
September 26, 2006
A NASD Arbitral Panel awarded US$3.8 million in damages to former Prudential and Wachovia broker Frederick J. O’Meally arising from the decision of Wachovia Securities LLC to fire Mr. O’Meally in September 2003 shortly after the public announcement of Attorney General Eliot Spitzer’s investigation of market-timing transactions in various mutual funds. The Panel’s award rejected Wachovia’s claim that it had cause to terminate Mr. O’Meally. Curtis partner Peter Fleming, Jr., counsel Jonathan Harris and associate Timothy McCabe represented Mr. O’Meally.
This case has generated significant media interest and has been covered by a number of publications, including a feature article in the New York Law Journal where Mr. Fleming was quoted. Other publications that covered the case include the New York Times, Newsday, the Birmingham Business Journal, the Charlotte Business Journal, and TheStreet.com, where Mr. Harris was quoted.
Curtis Represents Calpine Construction Finance Company, L.P. in Connection with Successful Consent Solicitations
September 15, 2006
Curtis represented Calpine Construction Finance Company, L.P. (“CCFC”) a non-debtor subsidiary of Calpine Corp., a Chapter 11 debtor-in-possession with its case pending in the United States Bankruptcy Court for the Southern District of New York, in connection with the successful solicitation by CCFC for consents to certain amendments to the indenture governing CCFC’s US$415 million aggregate principal amount of Second Priority Senior Secured Floating Rate Notes Due 2011 and the credit agreement governing its US$385 million First Priority Senior Secured Institutional Term Loans due 2009. The consent solicitation was launched on August 22, 2006, and the requisite consents were received on August 25, 2006. The amendments: (i) provide for a resolution of certain defaults and events of default resulting from, among other things, the non-payment by Calpine Energy Services, L.P. (“CES”) of certain amounts to CCFC under an Index Based Gas Sale and Power Purchase Agreement between CES and CCFC, and (ii) provide CCFC with relief from certain obligations under the indenture and credit agreement during the pendency of the Calpine Corp. bankruptcy cases. Curtis was also counsel to CCFC in connection with two other successful CCFC consent solicitations in March and June 2006.
The engagement was led by partners Dan Lenihan and Steven Reisman. Other members of the Curtis team included counsel Kathryn Alisbah and associates Susana Namnum, Evan Borenstein, Andrew Thau, Azish Filabi and Douglas Glazer.
Curtis continues to act as conflicts counsel to Calpine Corp., et al. in various aspects of its Chapter 11 cases.
Curtis Partner Antonio M. Prida was appointed to the honorary position of permanent member of the Advisory Council of the Commission for Governmental Policy on Human Rights (Consejo Asesor de la Comisión de Política Gubernamental en Materia de Derechos Humanos)
September 15, 2006
Curtis partner Antonio M. Prida was appointed on September 4, 2006 to the honorary position of permanent member of the Advisory Council of the Commission for Governmental Policy on Human Rights (Consejo Asesor de la Comisión de Política Gubernamental en Materia de Derechos Humanos), which acts under the Mexican Ministry of the Interior. The Advisory Council advises the Commission on promoting and defending human rights in order to strengthen State policy.
Curtis Associate Lale Deliveli Published in Turk of America
September 13, 2006
An article written by Curtis associate Lale Deliveli was published in the magazine, Turk of America, entitled “Patents and Trademarks - What Every Business Needs to Know.” The article focuses on helping Turkish businesses protect their assets when entering the U.S. market. It discusses patents and trademarks, the most important intellectual property rights to understand for businesses involved in the manufacturing and marketing of products. The article also concentrates on key requirements for obtaining patents and trademarks, their terms and other options available to businesses. Curtis counsel Eric Stenshoel and associate Michael Brown edited the article.
Curtis Partner Lynn P. Harrison 3rd quoted in Global Turnaround article “China Backs Secured Creditors”
September 12, 2006
Curtis partner Lynn P. Harrison 3rd was quoted in an article titled “China Backs Secured Creditors” in the September 2006 issue of Global Turnaround, an international magazine for company rescue and insolvency specialists. In the article about China’s new Enterprise Bankruptcy Law, Harrison states, “There are big opportunities for distressed investors to look at China now they've got a set of laws that provide an exit strategy. This is a tremendous opportunity to get in on the ground floor in China.”
Curtis Partner Samuel Rosenthal was quoted in the American Medical News article “Physician’s intents should be considered in pain cases”
September 9, 2006
Partner Samuel Rosenthal was quoted in the American Medical News article, “Physician’s intents should be considered in pain cases,” about a recent decision from the 4th U.S. Circuit Court of Appeals that overturned a drug-trafficking charge against pain specialist William E. Hurwitz, MD. Mr. Rosenthal had previously filed an amicus brief on behalf of the American Pain Foundation, the National Pain Foundation and the National Foundation for the Treatment of Pain in support of Dr. Hurwitz.
Curtis Represents New York Council Of Dog Owner Groups in Pro Bono Case
August 30, 2006
Curtis, Mallet-Prevost, Colt & Mosle LLP is one of two international law firms representing the New York Council of Dog Owner Groups, an umbrella organization made up of a variety of dog-owner groups representing approximately 20,000 dog owners in New York City, in a pro bono case against the Juniper Park Civic Association of Middle Village, Queens. The Juniper Park Civic Association is seeking to abolish the early morning and late evening off-leash privileges that dogs and dog-owners benefit from in many city parks. The New York Council of Dog Owner Groups has noted the successful dog parks constructed in smaller parks throughout the city and identified Prospect Park and Central Park where no dog parks exist, but where the Department’s off-leash policy has helped create a community of dog-owners while reducing crime within parks. Curtis counsel Andrew Otis and associate Dora Straus are advising on the pro bono case and have filed court papers on behalf of the New York Council of Dog Owner Groups. The case is pending in the New York State Supreme Court. Copies of Curtis's court papers are available upon request.
Curtis was featured in the August issue of The American Lawyer for having the most improved score out of 175 nationwide law firms in the 2006 Midlevel Associate Survey
August 7, 2006
Curtis was featured in the August issue of The American Lawyer for having the most improved score out of 175 nationwide law firms in the 2006 midlevel associate survey. The article entitled “Talk to Me” focuses on the steps Curtis took to enhance partner-associate communication and the associate business development program.
Quoted in the article were managing partner George Kahale III, partners Carl A. Ruggiero and Nancy E. Delaney and associates Milos Naumovic and David Hesse.
Curtis Counsel Marc V. Kramer has been published in the 2006 second quarter issue of Alternative Investment Quarterly, a journal created for the global hedge fund industry. His article is entitled “Dubai: New Fund Regulations to Open ‘Flood Gates’?”
August 7, 2006
Curtis counsel Marc V. Kramer has been published in the 2006 second quarter issue of Alternative Investment Quarterly, a journal created for the global hedge fund industry. His article is entitled “Dubai: New Fund Regulations to Open ‘Flood Gates’?”.
Curtis represented Glencore International AG in connection with the outsourcing of West Indies Alumina Company to Washington Group International, Inc.
August 2, 2006
Curtis represented Glencore International AG in connection with the outsourcing of the mining and related operations for one of Glencore’s Jamaican bauxite and alumina operations, West Indies Alumina Company (WINDALCO), to Washington Group International, Inc. WINDALCO, which is 93% owned by Glencore, has mining rights to approximately one-third of Jamaica’s annual bauxite production. The mining contracts will generate gross revenues of approximately US$300 million combined for Washington Group. The transaction involved the sale of a Glencore subsidiary that conducted some of the operations being outsourced and the negotiation of the mining contracts. The transaction closed on June 30, 2006.
Partners Matias Vega and Valarie Hing, together with associate Loytavian Harrell and summer associate Michael Zografakis worked on the matter, with partner Alan Berlin and counsel Jim McCann providing tax support.
Curtis Milan Partners Elena A. Berlucchi, Daniel Gilioli, Enrico Gilioli, Eric Gilioli and Michele Tamburini are listed in the 2006 edition of European Legal Experts
June 30, 2006
Curtis Milan partners Elena A. Berlucchi, Daniel Gilioli, Enrico Gilioli, Eric Gilioli and Michele Tamburini are listed in the 2006 edition of European Legal Experts, a guide that covers the key areas of legal expertise in Europe’s major jurisdictions and identifies the leading lawyers in Europe.
Curtis Partner Victor L. Zimmermann was quoted extensively in the Thursday, June 29th edition of Stamford’s daily newspaper, The Advocate, and their affiliate The Greenwich Time
June 29, 2006
Curtis partner Victor L. Zimmermann was quoted extensively in the Thursday, June 29th edition of Stamford’s daily newspaper, The Advocate, and their affiliate The Greenwich Time, in an article entitled “Hedge Fund Community Leery of Blumenthal's Moves.”
Alfonso Cervantes, Partner of Curtis, Mallet-Prevost, Colt & Mosle, S.C. at the Firm’s Mexico City office, has been nominated as a candidate for inclusion in the 2006-2007 edition of International WHO’S WHO of Professionals
June 28, 2006
Alfonso Cervantes, partner of Curtis, Mallet-Prevost, Colt & Mosle, S.C. at the Firm's Mexico City office, has been nominated as a candidate for inclusion in the 2006-2007 edition of International WHO’S WHO of Professionals, the definitive work on the world’s leaders in commerce, economics, policy and trade.
Partner Samuel Rosenthal Quoted in The New York Times
June 26, 2006
Partner Samuel Rosenthal was quoted in The New York Times on Sunday, June 25, 2006 in an article entitled, “New Jersey Senator’s Rival Faults Him in 80’s Corruption Case, but History Disagrees.”
To read the article in its entirety, please click on the link below:
New Jersey Senator’s Rival Faults Him in 80’s Corruption Case, but History Disagrees
Counsel Gary L. Cutler’s article “PSLRA Stay Does Not Always Halt the Process,” was published in the June 19, 2006 Litigation Section of the New York Law Journal
June 19, 2006
Counsel Gary L. Cutler’s article “PSLRA Stay Does Not Always Halt the Process,” was published in the June 19, 2006 Litigation Section of the New York Law Journal.
To read the article in its entirety, please click on the link below:
PSLRA Stay Does Not Always Halt the Process
(74KB, pdf)
Partner Jacques Semmelman is lead author of “Defending the International Extradition Case” in the June 2006 issue of The Champion, the magazine of the National Association of Criminal Defense Lawyers.
June 14, 2006
Partner Jacques Semmelman is lead author of an article titled “Defending the International Extradition Case” in the June 2006 issue of The Champion, the magazine of the National Association of Criminal Defense Lawyers (NACDL). NACDL is the leading organization of criminal defense lawyers in the United States, with over 12,500 members and 35,000 affiliates. Mr. Semmelman’s co-author is Karen Snell, a prominent extradition specialist in San Francisco.
To read the article in its entirety, please click on the link below:
Defending the International Extradition Case
(4MB, pdf)
Curtis London has advised on the IPO of Eesti Ehitus
June 08, 2006
Counsel Eero Rautalahti in the London office has advised on the IPO of Eesti Ehitus, an Estonian construction company operating in the Baltic States and Ukraine. The transaction comprised a public offering under the EU Prospective Directive and private placement in 14 countries. The Firm’s client Suprema Securities was the Global Coordinator and Bookrunner for the offering which was 8 times over-subscribed and gave the company a market capitalization of €90 million (US$115 million). The other Curtis attorneys who worked on this matter include partner Tom Mackay and associates Benoît Lafourcade and Chrysoula Kounoupa in the London office, as well as partner Geoffroy Lyonnet and associate Galileo Pozzoli in the Milan office and associate Leonora Shalet in the New York office.
Victor L. Zimmermann, Managing Partner of the Stamford, Connecticut office was interviewed in The Greenwich Time and in The Stamford Advocate
June 05, 2006
Victor L. Zimmermann, managing partner of the Stamford, Connecticut office, was interviewed in an article entitled, “Vilified by Some, Activist Investors Promote Market Efficiency” which appeared on the cover of the Sunday, June 4, 2006 business section of The Greenwich Time and of The Stamford Advocate.
To read the article in its entirety, please click on the link below:
Vilified by Some, Activist Investors Promote Market Efficiency
Lynn P. Harrison 3rd, Partner and Co-Chairman of the Bankruptcy & Creditors’ Rights Department, was quoted on The Deal.com
May 30, 2006
Lynn P. Harrison 3rd, partner and co-chairman of the Bankruptcy & Creditors’ Rights department, was quoted on The Deal.com in an article entitled “Judge Makes Covarra Injunction Permanent.” Curtis partner Nancy Delaney and associate Jerrold Bregman were also mentioned in the article.
Judge Makes Covarra Injunction Permanent
The Wall Street Journal reports on the winding-up of the Air Transportation Stabilization Board (ATSB)
May 30, 2006
On May 26, 2006, The Wall Street Journal reported on the winding-up of the Air Transportation Stabilization Board (ATSB), which was established by Congress to provide U.S. air carriers with liquidity after 9/11. Curtis has represented the ATSB throughout the program. The Journal article highlights that the ATSB will end it’s loan guarantee program with a net gain to the U.S. Treasury of over US$300 million, despite the Chapter 11 bankruptcies of three carriers after receiving loans guaranteed by the ATSB. The Curtis engagement, which spans over 4 years, was lead by Daniel Lenihan and Steven Reisman together with Evan Borenstein, Rekha Rangham, Andrew Thau and Kathryn Alisbah.
To read the article in its entirety, please click here.
(70KB, pdf)
Curtis Partner Frank A. Russo was featured in the May 2006 edition of the Oil, Gas & Energy Law Intelligence newsletter
May 25, 2006
Curtis partner Frank A. Russo was featured in the May 2006 edition of the Oil, Gas & Energy Law Intelligence (OGEL) newsletter for an article he co-authored titled “International LNG Sales into North America,” that originally appeared in the May/June 2004 issue of the LNG Journal. The article was part of a 43-page special feature on Liquefied Natural Gas.
To read the article in its entirety, please click here. (1.34MB, pdf)
Curtis Partners Steven Reisman and Matias Vega, and Associate Andrew Thau, were mentioned on the TheDeal.com
May 23, 2006
Curtis partners Steven Reisman and Matias Vega, and associate Andrew Thau, were mentioned as Glencore’s New York counsel in an article entitled “Glencore Wins Asarco Auction” posted on TheDeal.com.
To read the article in its entirety, please click here. (83KB, pdf)
Curtis Partner Lawrence Goodman was appointed to the Nanotechnology Working Group of the United States Council for International Business (USCIB)
May 23, 2006
Curtis partner Lawrence Goodman was appointed to the Nanotechnology Working Group of the United States Council for International Business (USCIB). Originally founded in 1945 to promote free trade and help represent business in the newly-formed United Nations, the USCIB has built an unparalleled global network of industry affiliations and a reputation for reliable policy advice. This network enables members to bring their collective views to bear on regulatory issues and business practices around the world.
Curtis participated in the 2006 Fifth Annual NanoBusiness Alliance Conference held in New York City, May 17-19
May 23, 2006
Curtis participated in the 2006 Fifth Annual NanoBusiness Alliance Conference held in New York City, May 17-19. The three day conference provides industry players with the information, knowledge and contacts required to move research and application development to commercialization, as well as to showcase the ongoing integration of small tech products into the global economy. Curtis attorney, Peter Stewart, was a presenter at the conference on Thursday, May 18th.
Curtis Partner and Co-Chair of the Bankruptcy Department, Lynn Harrison, 3rd is featured on Forbes.com under MoneyMasters: Navigating Dire Straits
May 18, 2006
Curtis partner and co-chair of the Bankruptcy department, Lynn Harrison, 3rd is featured on Forbes.com under MoneyMasters: Navigating Dire Straits, in an interview discussing the pros and cons of investing in distressed companies.
To view the video, please click here.
Curtis Counsel Bryan Elwood’s speech at Los Pinos, Mexico’s presidential residence, will be streamed live on May 17, 2006
May 17, 2006
Curtis Counsel Bryan Elwood will speak at Los Pinos, Mexico’s presidential residence, on May 17 in the launching of Mexico’s Development Gateway.
The speech will be streamed live via the internet at 11:40AM EST at http://www.diadeinternet.org.mx.
Curtis Partner Steven J. Reisman was quoted in The Deal as debtor counsel to PlusFunds
May 15, 2006
Curtis partner Steven J. Reisman was quoted in The Deal on Friday, May 12, 2006 as debtor counsel to PlusFunds in their request for approval of a “$2 million agreement to fund an orderly wind-down after private equity firm FTVentures withdrew from the deal.” Other Curtis attorneys mentioned as representing PlusFunds were partner Lynn P. Harrison 3rd, and associates Jerrold L. Bregman and J. David Leamon.
Curtis’ Mexico City office is featured in the 2006 LatinLawyer 250, a publication of Latin America’s leading business law firms
May 15, 2006
Curtis’ Mexico City office is featured in the 2006 LatinLawyer 250, a publication of Latin America’s leading business law firms. Selection for this publication is based on recommendations by fellow legal professionals and clients. LatinLawyer 250 is distributed to every LatinLawyer Magazine subscriber, nearly 1000 key corporate counsel who assisted in the research and at all leading business law conferences worldwide.
The Autorités des Marchés Financiers, France’s securities regulator, revises model declaration based on a Curtis petition on behalf of client Frank Russell Investment Group
May 15, 2006
In May of 2005, the Paris office was retained by the Frank Russell Investment Group for advice on various matters with respect to Russell funds marketed in France and Russell’s asset management services provided to French manager of managers funds. Over the past year, Geoffroy Lyonnet, David Hesse and Remy Lerner have also been working closely with the French securities regulator, the Autorités des Marchés Financiers (AMF), lobbying for better regulations for the French fund industry and better implementation of European Directives.
In January 2006, Curtis requested that the AMF reexamine its existing model declaration, which incorrectly required Frank Russell funds marketed in France to declare that any rebates granted to investing funds would not benefit such fund's managers. On May 2, 2006, the AMF issued Instruction 2005-01, which included a revised version of its model declaration on the compliance with French rebate regulations. Based on Curtis’ request, the scope of the revised declaration has been limited so that it pertains to rebates arising from the investments made by Frank Russell funds in other funds, but not to those arising from the investments made by third parties in Frank Russell funds.
Curtis Counsel Bryan Elwood will speak at Los Pinos, Mexico’s presidential residence, on May 17 in the launching of Mexico’s Development Gateway
May 15, 2006
Curtis Counsel Bryan Elwood, from the Washington DC office, will speak at Los Pinos, Mexico’s presidential residence, on May 17 in the launching of Mexico’s Development Gateway. Mexico’s Development Gateway is an internet portal project sponsored in part by the World Bank and the Mexican business community to help ease poverty and increase Mexico’s competitiveness through the use of information technology. The portal will include practical business and commercially-oriented information designed to help promote Mexico at all levels of its economy. The portal’s Editorial Board will be made up of distinguished persons from Mexico’s business circles and civil society.
The portal will be launched from the Los Pinos Presidential Residence on May 17, where Mr. Elwood, who will be presiding over the Board, together with the World Bank’s Mexico representative, will introduce the portal to the Mexican media.
For more information about the Development Gateway programs worldwide go to: http://www.developmentgateway.org.
The Mexican Development Gateway portal will be open after May 17 at http://www.portaldeldesarrollo.org.
The speech will be fed live via internet at 11:40AM EST at http://www.diadeinternet.org.mx.
Curtis was mentioned in a release featured on TheDeal.com, May 9, 2006, as conflicts counsel to Silicon Graphics Inc. in their file for Chapter 11 Bankruptcy protection
May 10, 2006
Curtis was mentioned in a release featured on TheDeal.com, May 9, 2006, as conflicts counsel to Silicon Graphics Inc. in their file for Chapter 11 Bankruptcy protection.
To read the article in its entirety, please click on the link below:
Silicon Graphics files Ch. 11 (41KB, pdf)
Curtis Milan acted as Italian counsel to Nonox Plc and the broker, Charles Street Securities, Inc. in a private placement valued at approximately US$3.3 million
May 8, 2006
Curtis Milan acted as Italian counsel to Nonox Plc and the broker, Charles Street Securities, Inc. in a private placement valued at approximately US$3.3 million. Nonox was incorporated to design, produce and distribute innovative catalytic filters for controlling the pollution emissions of residential and nonresidential heaters and boilers. The offer is being undertaken to provide working capital to produce and deliver orders received for the Nonox Filter Device.
Curtis attorneys who worked on this case include Curtis Milan partners Elena Berlucchi and Maurizio Bocchiola and Curtis Milan associate Galileo Pozzoli.
Curtis Partner Samuel Rosenthal was recently interviewed on Sky Radio Network’s show “Special Tribute to America’s Best Lawyers”
May 5, 2006
Curtis Partner Samuel Rosenthal was recently interviewed on Sky Radio Network’s show “Special Tribute to America’s Best Lawyers.” He spoke about the problems facing clients charged with white-collar crimes.
Sky Radio is produced by Forbes and airs on American Airlines flights.
Curtis was profiled in the March/April 2006 newsletter of XLA Express
May 1, 2006
Curtis was profiled in the March/April 2006 newsletter of the Express Delivery and Logistics Association (XLA Express), “a non-profit trade association serving as the voice of the express delivery industry on the national and international scene.” Counsel Remy Rodas was quoted throughout the profile and noted that, “...key to [Curtis’] success is our focus on developing a relationship of trust with our clients by dedicating senior-level attorneys to be responsible for matters and serve as the conduit to a client’s dealings with our Firm.”
Curtis is an associate member of XLA Express.
To read the article, please click on the link below:
XLA Express Newsletter - March/April 2006
(Curtis profile on page 2 - 649KB, pdf)
Curtis Partner Antonio Prida has been elected to the Board of Directors of the Mexican Chapter of the International Chamber of Commerce (ICC)
May 1, 2006
Curtis partner Antonio Prida has been elected to the Board of Directors of the Mexican Chapter of the International Chamber of Commerce (ICC).
Federal Courts Continue to Cite Partner Jacques Semmelman’s Law Review Articles in International Extradition Matters
April 27, 2006
In the past several months, two United States District Courts have cited two different law review articles authored by litigation partner Jacques Semmelman.
In Mironescu v. Rice, 2006 U.S. Dist. LEXIS 3636 (M.D.N.C. Jan. 20, 2006), the court examined the controversial issue of whether there can be judicial review of the Secretary of State’ s decision to extradite in the face of a claim of likely torture in the requesting country, based upon the Administrative Procedure Act (APA) and the Farr Act (a statute that implements certain aspects of the U.N. Convention Against Torture). In concluding that these statutes provide a basis for judicial review, the court rejected the government's argument that the common law Rule of Non-Inquiry precludes such review, and that the Rule was substantially developed in the courts only after the enactment of the APA in 1946, so that the APA cannot be construed to implicitly override the Rule. Citing Mr. Semmelman’s article, Federal Courts, the Constitution, and the Rule of Non-Inquiry in International Extradition Proceedings, 76 Cornell L. Rev. 1198 (1991), the court rejected the government's argument, noting that the article documented the history of the Rule as far back as 1890.
In In re Extradition of Chavez, 408 F. Supp. 2d 908 (N.D. Cal. 2005), the court cited Mr. Semmelman’ s article, The Rule of Non-Contradiction in International Extradition Proceedings: A Proposed Approach to the Admission of Exculpatory Evidence, 23 Fordham Int’ l L.J. 1295 (2000), for the principle that a seminal Southern District of New York case that first allowed the admission of evidence that “negates” probable cause was intended to limit, rather than to expand, the scope of admissible evidence at an extradition hearing.
Curtis Partner Lynn Harrison, 3rd quoted in the DowJones Daily Bankruptcy Review Small-Cap Newsletter
April 24, 2006
Curtis partner Lynn Harrison, 3rd was quoted in the DowJones Daily Bankruptcy Review Small-Cap newsletter on Thursday, April 20, 2006 in an article titled, “Judge Tentatively Approves PlusFunds Group Sale To FTVentures.”
To read the article, please click on the link below:
Judge Tentatively Approves PlusFunds Group Sale To FTVentures (246KB, pdf)
Curtis Represents Flextronics International Ltd. in connection with the sale of its software development and solutions business to an affiliate of Kohlberg Kravis Roberts & Co.
April 18, 2006
Curtis is representing Flextronics International Ltd. in connection with the sale of its software development and solutions business to an affiliate of Kohlberg Kravis Roberts & Co. The transaction will involve the direct or indirect transfer of subsidiaries located in India, where the operations are predominantly located, as well as in the United States, and other parts of Asia. The transaction is valued at approximately US $900 million and is believed to be the largest leveraged buyout and technology investment in India to date. A definitive agreement for the sale was signed on April 13, 2006 and the transaction is expected to close in the summer.
The Curtis team is being led by partners Jeffrey Ostrager and Valarie Hing and associates Raymond Hum and Danny Phillips, with partner Ed Cukier and associate Dan Kheel providing tax support.
Curtis Represents Verizon Communications Inc. in connection with the sale of its interests in three Latin American and Caribbean Telephone Companies
April 05, 2006
Partner Matias A. Vega was the Team Leader in representing Verizon Communications Inc. in connection with the sale of its interests in three Latin American and Caribbean telephone companies, including its 100% ownership in Verizon Dominicana, C. por A., in the Dominican Republic, its 52% interest in Telecomunicaciones de Puerto Rico, Inc. (Puerto Rico Telephone Company), in Puerto Rico, and its 28% interest in Compania Anonima Nacional Telefonos de Venezuela (CANTV), in Venezuela. Each of the companies is the largest wireline and wireless telecommunications service provider in its respective country or commonwealth. The three separate transactions have a total value in excess of $3.7 billion. The buyer for the interests in the Dominican and Puerto Rican companies is America Movil, S.A. de C.V., a wireless service provider based in Mexico with operations throughout Latin America, and the buyer for the Venezuelan company is a company jointly-owned by America Movil and Telefonos de Mexico, S.A. de C.V., the largest telecommunications company in Mexico. The purchase agreements were signed on April 3, 2006, and the transactions will close after certain regulatory approvals are obtained. Other team members of the Verizon deal were Partner Larry Goodman for CANTV, Counsel Kim Sheikh for Verizon Dominicana and Partner David Bayrock for Puerto Rico Telephone Company, along with associates Peter von zur Gathen, Susana Namnum, John Nielsen, Kathryn Alisbah, Josh Geller, Jerry Nunes and Manuel Abascal.
Curtis Partner Turner Smith was quoted in an article entitled A Big Blue Point for the Little Guy in Business Week on-line, Wednesday, April 5, 2006.
April 05, 2006
Curtis Partner Turner Smith was quoted in an article entitled A Big Blue Point for the Little Guy in Business Week on-line, Wednesday, April 5, 2006. In the article about an inventor taking on IBM in a patent dispute, Mr. Smith was quoted saying, “This is one of those rare stories of the inventor finally getting his due. IBM and other big tech companies are prone to fight these kinds of claims, and they have deep pockets. It's unusual for an inventor to have the resources and dedication to prevail.”
Curtis Partners will be featured in The Guide to The World’s Leading Experts in Commercial Arbitration
March 15, 2006
Curtis partner Peter M. Wolrich and counsel Miguel Estrada Sámano were selected by their clients and peer professionals as leading practitioners in commercial arbitration. They will be listed in the 6th edition of the Guide to the World's Leading Experts in Commercial Arbitration. The Guide is designed to act as an adjunct to traditional sources of opinion on experts in this field. Expert Guides is an definitive and authoritative resource tool which provides access to the world's leading business lawyers in specific areas of law in over 60 jurisdictions worldwide.
Curtis Partners selected as Leaders in their field by Chambers USA
March 2, 2006
Curtis partners Peter Fleming, Jr. and Steven Reisman were selected as Leaders in their Fields by Chambers USA in Litigation and Bankruptcy, respectively. They will be profiled in the 2006 printed edition of Chambers USA.
Every year, Chambers USA conducts in-depth interviews with clients in order to assess the reputations and expertise of business lawyers in every state in the USA. Chambers rankings and editorial are referred to extensively by General Counsel and other purchasers of legal services who look to our recommendations when choosing their lawyers.
Curtis Partners will be featured in Guide to the World’s Leading Project Finance Lawyers
March 2, 2006
Curtis partners George Kahale III and Yves Lepage were selected by their clients and peer professionals as leading practitioners in their field. Their profiles will appear in the 5th edition of the Guide to the World's Leading Project Finance Lawyers.
The Guide is designed primarily for individuals who require access to pre-eminent practitioners in specific areas of law for the purpose of instruction on an international basis. It is to act as an adjuct to traditional sources of opinion on experts in this field.
Curtis named as a Patron Sponsor of the Securities Industry Association Seminar
March 1, 2006
Curtis is participating as a patron sponsor of the Securities Industry Association (SIA) annual seminar, March 19-22, 2006. The conference is designed to keep industry members up-to-date on compliance and legal issues and developments within the industry. Partners Joel Forman, Nancy Delaney and Jacques Semmelman will attend the annual seminar held in Hollywood, Florida.
Curtis Partner Peter Fleming, Jr. was featured on LawCrossing.com in an article titled, “Profile Peter Fleming, Jr.; Head of the Litigation Department; Curtis, Mallet-Prevsot, Colt & Mosle, LLP ”, for his work on the death penalty case of Stanley “Tookie ” Williams.
February 15, 2006
Curtis partner Peter Fleming, Jr. was featured on LawCrossing.com in an article titled, “Profile Peter Fleming, Jr.; Head of the Litigation Department; Curtis, Mallet-Prevsot, Colt & Mosle, LLP ”, for his work on the death penalty case of Stanley “Tookie ” Williams.
Please click here to view the article.
Tom Mackay, a Partner in the London office, was featured in the Financial Times
February 6, 2006
Tom Mackay, a partner in the London office, was featured in the Monday, February 6, 2006 edition of the Financial Times for his commentary on Why Directors may be Loath to Join Smaller Companies.
Please click here to view the article.
Curtis Retained as Conflicts Counsel in Significant Chapter 11 Cases
January 17, 2006
Curtis, Mallet-Prevost, Colt & Mosle LLP has recently been retained as conflicts counsel in the Chapter 11 bankruptcy cases of Calpine Corporation, Northwest Airlines, and Musicland -- three of the largest companies to file for bankruptcy protection in the last 6 months. The Bankruptcy and Creditors’ Rights Department is chaired by partners Steven J. Reisman and Lynn P. Harrison, 3rd. Steven Reisman is leading these engagements and is working with partner Lynn Harrison and associates Jerry Bregman, Andrew Thau, David Karp, Jim Drew, John Katsanos, Miriam Harwood and David Leamon. Partners and associates from other departments of the firm are also working on each of these engagements.
A Wall Street Journal article published on Saturday, January 14th, 2006 noted Calpine's retention of Curtis, Mallet-Prevost, Colt & Mosle LLP as its conflicts counsel.
Bryan Elwood, Counsel in the Washington, D.C. Office, has been named U.S. Chair of the Foreign Investment Committee of the U.S.-Mexico Bar Association (USMBA)
January 12, 2006
Bryan Elwood, Counsel in the Washington, D.C. Office, has been named U.S. Chair of the Foreign Investment Committee of the U.S.-Mexico Bar Association (USMBA).
The USMBA is a unique, bi-national Bar Association made up of attorneys from both Mexico and the United States. The USMBA’s goals are to promote an understanding of the cultural and legal differences between both nations and to foster international cooperation through the effective practice of law and the development of the legal profession.
The USMBA serves the international law practitioner by providing current legal news and information, CLE programs and a place to meet and exchange views and writings with other members of the profession that work with both the United States and Mexico. The Association is divided into Committees that provide forums for discussion of important cross-border legal topics such as commerce, investment and immigration.
As U.S. Chair of the Foreign Investment Committee of the USMBA, Bryan Elwood, together with his Mexican counterpart, will be active in developing the Committee’s sources of information on matters affecting cross-border investments, as well as organizing seminars and overseeing working groups that address pertinent issues such as the investor-state dispute processes; BIT and FTA regulation; responsibility of transnational corporations; discrimination against investors; minimum treatment, international competitiveness and other interesting topics affecting investors, their investments and the legal practices that relate to them.
Curtis Welcomes Eero Rautalahti to the Firm’s London office.
January 2006
Curtis Welcomes Eero Rautalahti to the Firm’ s London office.
Mr. Rautalahti’ s practice focuses mainly on cross-border mergers and acquisitions and securities offerings. Mr. Rautalahti has 13 years of legal practice experience in London, Toronto and Helsinki and 6 years experience as in-house transaction counsel in an international mining company. He has published numerous articles on corporate finance and is regularly invited to lecture on corporate finance and M&A issues.
Please click here to view the annoucement.
Counsel Michael Kushner Publishes Treatise on Employee Benefits and is Featured in Tax Management’s 2006 Tax Calendar
December 20, 2005
BNA Tax Management, Inc. has published counsel Michael Kushner’s Tax Management Portfolio #359, Multiemployer Plans--Special Rules. The treatise is part of the U.S. Income Portfolio Series and is used by attorneys and accountants throughout the U.S. as a source of reference for certain specific tax topics. Mr. Kushner’s treatise is in the area of employee benefits and discusses the special tax rules that apply to multiemployer pension and welfare benefit plans.
Mr. Kushner is also featured in Tax Management’s 2006 Tax Calendar. His picture and professional profile are included in the calendar as a featured practitioner/author for the month of April. Tax Management accords this honor to tax practitioners who are recognized as being among the best in the country in their areas of expertise. It is circulated to all Tax Management subscribers as part of their annual subscription to Tax Management products.
Curtis Attorney Eero Rautalahti Mentioned in The Lawyer
December 5, 2005
Curtis attorney Eero Rautalahti, counsel in the Firm’s London Office, was mentioned in The Lawyer about his move to Curtis.
Curtis Milan Partner Giuseppe Alemani Appointed to Act as Chairman in an Arbitration Proceeding
November 29, 2005
On November 29, 2005, Curtis Milan Partner Giuseppe Alemani was appointed by the Camera Arbitrale Nazionale ed Internazionle di Milano (National and International Arbitration Chamber of Milan) to act as Chairman of a three-person panel in an arbitration concerning a maritime dispute . The Camera Arbitrale Nazionale ed Internazionale di Milano is one of the most prestigious Arbitration Chambers in Italy.
Curtis Attorneys Attend the Creation of the Oman International Container Terminal LLC
November 16, 2005
Curtis attorneys attended the closing of a major transaction involving creation of Oman International Container Terminal LLC (OICT), a joint venture company between the Government of Oman and an affiliate of Hutchison Port Holdings. Hutchison is among the leading port and terminal operators in the world and has established the joint venture in Oman to create world class container handling services at the rapidly developing Port of Sohar in northern Oman. The closing included execution of a Container Handling Services Agreement between OICT and Sohar Industrial Port Company (SIPC), the developer and landlord of the port facility. Plans call for OICT to develop capacity at Sohar to handle 6.5 million containers annually, which would rank the facility among the largest container terminals in the world. Curtis represented both the Government of Oman and SIPC in the transaction.
Curtis Partner Theresa A. Foudy Argues Before the New York Court of Appeals
November 16, 2005
On November 16, 2005, Curtis partner Theresa A. Foudy argued before the New York Court of Appeals in People v. Norcott Corby, an appeal from a criminal conviction for felony murder and first-degree robbery. The case, one of only approximately 50 criminal cases that are heard per year by the state’s highest court, presented the issue of whether the defendant’s constitutional right to confront witnesses was violated by the trial court’s preclusion of defendant’s attempt to cross-examine the prosecution’s main witness concerning the fact that she had never accused the defendant of the crimes at issue until a police detective informed her that defendant had accused her of the crime. Ms. Foudy, who represented the District Attorney’s Office on a pro-bono basis, argued that no violation of the confrontation clause existed, because the trial judge had not precluded the defendant’s entire line of questioning and the cross-examination otherwise allowed was more than sufficient to permit the defendant to advance his argument. The Curtis team included associate Christopher Costello.
Theresa A. Foudy and Guillermo Ulke were mentioned in the New York Law Journal as new partners at Curtis
October 20, 2005
Theresa A. Foudy and Guillermo Ulke were mentioned in the New York Law Journal on Thursday, October 20, 2005 as new partners at Curtis.
Curtis Represents U.S. Government in Sale of US Airways Debt and Warrants
October 19, 2005
On October 3, 2005, the Federal Government, represented by Curtis and acting through the Bureau of Public Debt, an arm of the Treasury Department, sold back to US Airways Group, Inc. warrants to purchase 7.7 million shares of the company’s common stock. The warrants were exercisable at U.S $7.27 per share at any time before January 2012. The negotiated sale price of U.S $115.8 million was the midpoint between the intrinsic value of the warrants based on the stock’s October 1st closing price of U.S $21 per share and the warrants’ option valued based on the Black-Scholes valuation methodology. The warrants were originally issued to the federal Air Transportation Stabilization Board (ATSB) in connection with its guarantee of a U.S $429 million senior unsecured loan to America West Airlines in January 2001 following 9/11. America West merged with US Airways on September 27, 2005. Concluding on October 13, 2004, the Federal Government, again represented by Curtis, sold to a syndicate of investment funds its remaining U.S $265 million position in the America West loan, as well as its US$525 million position in a senior secured loan to US Airways originally guaranteed by the ATSB in March 2002. The US Airways loan, which was sold at par, had been reinstated as a part of US Airways’ emergence from Chapter 11 and merger with America West. The America West loan, which sold at 101% of par, had been restructured as a second-lien loan in exchange for the ATSB’s consent to the merger. Lazard LLC acted as placement agent in the sale of the loans.
The ATSB was formed by an Act of Congress after 9/11 to provide liquidity to the domestic airline industry. The representation was handled by Daniel Lenihan, Jeff Ostrager, Kathryn Alisbah, Evan Borenstein, Rekha Rangam, and Jerry Nunes.
Curtis Represents pSivida in its Acquisition of U.S. Drug Delivery Company and in Securing US $19M in Funding
October 11, 2005
Curtis is representing pSivida in its recently announced acquisition of Massachusetts-based Control Delivery Systems, Inc., a private U.S. drug delivery company. At the time of announcement the stock-for-stock transaction was valued at approximately U.S $104M. The transaction remains subject to pSivida shareholder approval and other closing conditions and is expected to close in the fourth quarter of 2005.Curtis is also representing pSivida in its securing of U.S $19M in financing in two separate transactions. In the first transaction, which closed in early September, pSivida raised US U.S $4.2M in a PIPE transaction involving a private placement of ADRs. In the second transaction, pSivida expects to raise an addition US $15M from the sale of a convertible note. That transaction, which is subject to shareholder approval, is also expected to close in the fourth quarter of 2005.
Earlier this year, Curtis represented pSivida in the establishment of its ADR program and its initial listing of ADRs on The NASDAQ National Market. pSivida is represented by Lawrence Goodman and Peter Stewart. Other members of pSivida’s Curtis’ team include: Alan Berlin, James McCann and Daniel Kheel in tax; Andrew D. Otis, environmental; Michael G. Kushner, benefit plans; Michael Brown, intellectual property; and Susan F. Pollack, Peter von zur Gathen, Rekha H. Rangam and Jean Z. Poh in the corporate department.
Curtis Represents Key Creditor In US Airways/America West Merger
September 27, 2005
On September 27, 2005, America West Airlines and US Airways consumated their merger as part of US Airways’ bankruptcy plan of reorganization. Key to the merger and plan was the agreement of the federal Air Transportation Stabilization Board (ATSB), represented by Curtis, to the restructuring of a U.S $583 million loan to US Airways and a U.S $300 million loan to America West, both of which are 90% guaranteed by the ATSB. The loans were restructured as first and second lien notes secured by substantially all the assets of the combined company, including certain aircraft and engines, spare parts, landing/takeoff slots at certain capacity constrained airports, and unrestricted cash. The terms of the notes and the intercreditor agreement governing their priorities were negotiated so as to make the notes marketable in the senior secured and second lien markets. The ATSB has retained Lazard to explore the sale of the notes, as well as a warrant held by the ATSB to purchase approximately 9% of the new company’s common stock. The ATSB was formed by an Act of Congress after 9/11 to provide liquidity to the domestic airline industry. The representation was handled by Daniel Lenihan, Evan Borenstein, Rekha Rangam, Kathryn Alisbah and Jerry Nunes form the Corporate Department and Steven Reisman, Jerrold Bregman and Andrew Thau from the Bankruptcy & Creditors’ Rights Department.
Curtis Represents RBS/Greenwich Capital Markets in the Development of its New North American Headquarters
September 19, 2005
Curtis represents RBS/Greenwich Capital Markets in the development of its new North American headquarters in Stamford, Connecticut. The deal involves the acquisition of multiple parcels and the assembling of a 3+ acre site for the U.S $400 million headquarters. The development is expected to bring 1,850 jobs to Stamford.
The Curtis team consists of Edward A. Kotite and Anthony W. Fitzgerald, co-chairs of Curtis’ Real Estate group, as well as Martin Forman, Catherine Baecher and attorneys from the Firm’s Stamford, Connecticut office.
Partner Antonio Prida Was Appointed Honorary Vice-President Of The Association Internationale des Jeunes Avocats (AIJA - The International Association of Young Lawyers)
August 29, 2005
Mexico City was the venue for this year’s Annual Congress of the Association Internationale des Jeunes Avocats (AIJA - The International Association of Young Lawyers) held from August 23 to August 27, 2005. The Congress had the participation of three hundred and eighty attorneys from over forty-eight countries.Curtis Partners Antonio Prida and Javier Jiménez and Counsel Bryan Elwood actively participated in panels and publications of the Congress and hosted several AIJA events in Mexico City.
During AIJA’s Annual Assembly on August 27, 2005, Partner Antonio Prida, due to his remarkable contributions to the Association, was appointed Honorary Vice-President of AIJA - the first Mexican attorney to receive such an appointment.
Curtis is a sponsor of the 43rd Annual Congress of the International Association of Young Lawyers
August 23, 2005
Curtis is a sponsor of the 43rd Annual Congress of the International Association of Young Lawyers (AIJA), held in Mexico City, Mexico from Tuesday, August 23rd, to Saturday, August 27th.Partner Antonio Prida is a member of the Organizing Committee of the Congress. Mr. Prida was the Presidential Delegate of AIJA in Mexico from 1994 to 2003 and is currently the Vice-President of the Human and Procedural Rights and Responsibilities Standing Commission. For more information about the Congress, please visit its official web page:
http://www.aijamexico2005.com
For more information about AIJA in general, please visit their officical web page:
http://www.aija.org
Curtis Listed in Legal Times article as Pro Bono Contributor to the Public International Law & Policy Group
August 8, 2005
Curtis was listed in the Legal Times on August 8, 2005 as one of the firms that provides pro bono legal services to the global not-for-profit, Public International Law & Policy Group (PILPG). The PILPG works to find solutions for peoples impacted by worldwide events, particularly populations in cultural and territorial struggles in developing and transitioning states. Some of the areas in which the PILPG works are Iraq, Bosnia, Afghanistan and Ethiopia. The PILPG has been nominated for the Nobel Peace Prize for “significantly contributing to the promotion of peace throughout the globe by providing crucial pro bono legal assistance and in bringing war criminals to justice.”
Curtis Advises Access Industries and Successfully Closes US$ 6+ Billion Acquisition
August 1, 2005
Curtis acted as counsel to Access Industries, a US-based private equity concern, in its successful U.S $6+ billion acquisition from Shell and BASF of their joint venture company, Basell BV. Basell BV is one of the largest plastics companies in the world and a leading developer of technology used in the petrochemicals business, with operations in more than 20 countries and joint ventures throughout the world. Its sales exceed U.S $10 billion per annum. Curtis advised Access in connection with the tax, corporate and antitrust aspects of the transaction. Financing of the transaction included a €1,100,000,000 Interim Facility (to be replaced by High Yield Notes), a €1,850,000,000 Senior Secured Credit Facility and European and North American securitization programs. Access Industries was formed in 1986 by its Chairman and principal shareholder, Len Blavatnik, a long-term strategic investor with holdings across a range of basic and advanced industries including oil, aluminum, coal, real estate, technology, telecommunications and media. Partners Bill Bricker, Eileen Matthews, Jerry Mulligan, Jeff Zuckerman, Antonio Prida, Javier Jimenez and Eduardo Cukier; Associates Jim McCann, Dan Kheel, Ana Gallo, Rachel Losk, Rekha Rangam, Peter Stewart, Lorena Baqueiro and Rodrigo Valverde, and Paralegals Susan Barry-Conaghan and Julia Balaeskoul made up the Curtis team.
Curtis Client, ATSB, featured in Wall Street Journal on July 25, 2005
July 25, 2005
As quoted in the Wall Street Journal, “The planned merger of US Airways Group Inc. and America West Holdings Corp. cleared another important hurdle Friday when a federal loan panel that guaranteed the bulk of more than U.S $1 billion in combined loans to the two carriers agreed to support the combination and restructur[ing of] those obligations.” Our Firm represents the federal Air Transportation Stabilization Board (ATSB), which has guaranteed a U.S $1 billion loan to US Airways and a U.S $429 million loan to America West Airlines as part of a federal program to provide the airline industry with needed liquidity after 9/11. US Airways is in Chapter 11 and has announced a proposed merger with America West as the key element of its plan of reorganization. The combination would yield the country’s largest low-cost air carrier, with revenues of over U.S $10 billion per year. The merger requires the approval of the ATSB. The Firm is advising the ATSB on the potential merger along with the US Department of Justice and Lazard, the ATSB’s financial advisor. This matter is led by Curtis partners Daniel Lenihan and Steven Reisman.
Curtis Published in the Latin Lawyer 250 for our Mexican Practice
July 25, 2005
The Firm’s Mexican practice was published in the Latin Lawyer 250 and the Firm ranked among the most recommended firms in Mexico. Latin Lawyer 250 describes our Mexican practice as “historically recognized primarily due to long-standing relations with some of the biggest clients in the country, notably in the energy sector, who have over the years brought the firm some very big project finance work in particular, although the Firm has in recent times been diversifying...into finance, telecommunications, antitrust, arbitration and real estate.” Curtis attorneys Antonio Prida, Alfonso Cervantes and Miguel Estrada were highlighted.
Curtis Partners Peter Fleming Jr. and Eliot Lauer were featured in Chambers USA’s “America’s Leading Lawyers for Business”
July 25, 2005
Curtis partners Peter Fleming Jr. and Eliot Lauer were featured in Chambers USA. Mr. Fleming was featured as a leader in white-collar practice who is “supercharged with energy” and has “great stamina as well as great skill.” Mr. Lauer was praised for his work in securities, professional liability and false advertising matters and was described admiringly by other attorneys as “extraordinarily difficult to shake off once he’s got the bit between his teeth.” The Firm was portrayed as having “real pockets of excellence” and was “celebrated for the richness of its history... for 175 years.”
Curtis as Leader in Kosovo’s First Transformation of a Communist Era Publicly Owned Enterprise to a Corporate Structure
June 30, 2005
Curtis partners Eric Gilioli and Matias Vega, who lead the consortium made up of Curtis, Simmons & Simmons, Grant Thornton Macedonia and Grant Thornton Greece, completed Kosovo’s first transformation of a Communist era publicly owned entity, the Post & Telecommunications of Kosovo (PTK), into a corporate structure. The transformation was achieved in accordance with United Nations regulations conceived and drafted by our firm.
In addition to assisting the Kosovo Trust Agency (KTA) with this process, we also assisted the KTA in a range of legal needs in connection with the restructuring of Kosovo’s publicly owned and socially owned entities. Eric Gilioli served as the attorney specializing in international corporate matters and Matias Vega served as the lead telecommunications and corporate finance advisor. Senior associate Ali Gursel was the lead associate on the matter who worked in Kosovo with the PTK.
Curtis Mentioned in “Of Counsel” as Major Player in Croatian Legal Market
June 27, 2005
“Formerly one of six constituent republics of Yugoslavia, Croatia certainly has a lot to offer foreign investors but so, too, does it present possibilities to international law firms, many of whom -- including Clifford Chance, Shearman & Sterling, Linklaters, Baker & McKenzie, Curtis, Mallet-Prevost, Colt & Mosle, and Jones Day -- have entered and continue to play major roles in the market.”
Curtis Wins Appeal in Favor of Client TMR Energy Limited in the Court of Appeals for the District of Columbia Circuit
June 22, 2005
Curtis has successfully won a decision from the United States Court of Appeals for the District of Columbia Circuit, which affirmed a judgment in favor of Curtis client TMR Energy Limited on June 17, 2005. In TMR Energy Limited v. The State Property Fund of Ukraine, Case No. 03-7191, the D.C. Circuit Court of Appeals affirmed a foreign arbitral award against the State Property Fund of Ukraine in an amount in excess of U.S $40 million. TMR had originally obtained the arbitral award in Sweden in 2002 regarding contractual disputes associated with the operation of an oil refinery in Ukraine. The Court rejected claims by the respondent, inter alia, that the lower court had no jurisdiction to enforce the judgment.
The Curtis team consisted of partners Samuel Rosenthal and Eliot Lauer, as well as associates Scott Fischer and Stephanie Doyal.
Curtis Has Key Role in US Airways/America West Merger
June 6, 2005
The Firm acts as general outside counsel to the federal Air Transportation Stabilization Board (ATSB), which has guaranteed a U.S $1 billion loan to US Airways and a U.S $429 million loan to America West Airlines as part of a federal program to provide the airline industry with needed liquidity after 9/11. US Airways is in Chapter 11 and has announced a proposed merger with America West as the key element of its plan of reorganization. The combination would yield the country’s largest low-cost air carrier, with revenues of over U.S $10 billion per year. The merger requires the approval of the ATSB. The Firm is advising the ATSB on the potential merger along with the US Department of Justice and Lazard, the ATSB’s financial advisor. The engagement is led by Daniel Lenihan and Steven Reisman, with corporate associates Evan Borenstein and Rekha Rangam and bankruptcy associates Jerry Bregman and Andrew Thau.
Curtis Advises Access Industries on US$6 billion
Acquisition
May 25, 2005 Partners William
Bricker, Jeff
Zuckerman, Eileen
Matthews, Jeremiah
Mulligan, Antonio
Prida and Javier
Jimenez with associates Daniel
Kheel, Rekha
Rangam and Rachel
Losk acted as counsel to the private equity group Access
Industries. Access Industries, together with The Chaterjee
Group, entered into a contract to purchase from BASF and Shell
the shares of their joint venture company, Basell N.V. With
operations in more than 20 countries and joint ventures
throughout the world, Basell N.V. is one of the largest
plastics companies in the world and the leading developer of
technology used in the petrochemicals business. Basell’s sales
exceed US$10 billion. Curtis represented Access in
completing its tax, antitrust and corporate work. Skadden
acted as European counsel to Access in negotiating a
consortium agreement with The Chaterjee Group. The transaction
was valued in excess of US$6 billion.
Curtis acted as Special New York Counsel to Peruana
de Combustibles S.A.
May 4, 2005 Curtis, Mallet-Prevost, Colt & Mosle LLP acted as
special New York counsel to Peruana de Combustibles S.A.
(“Pecsa”), a Peruvian sociedad anonima, in connection
with the loan by Darby Delaware Mezzanine Holdings LLC (the
“Credit Facility”), the proceeds of which Credit Facility were
utilized by Pecsa in its acquisition of ChevronTexaco
Petroleum Company S.R.L., the petroleum products distribution
business of ChevronTexaco in Peru. In particular, the Firm
advised Pecsa and its Peruvian counsel on matters of New York
and U.S. law relating to the documentation of the Credit
Facility, including the Loan and Guaranty Agreement and
certain related security documents. Curtis attorneys David
Bayrock and Susan
Pollack advised Pecsa in this transaction.
Partner Daniel E. Gilioli will be Presented an Award
by the American Chamber of Commerce in Italy to Commemorate
his 1988 - 1992 term as Chamber President
April 22, 2005 On April 22, 2005, partner Daniel
E. Gilioli will be presented an award by the American
Chamber of Commerce in Italy to commemorate his 1988 -
1992 term as Chamber President. The award will be given by Mr.
Mario Resca, the current President of the American Chamber of
Commerce in Italy and of McDonald’s - Italy.
The gala dinner, to be held at the Excelsior Hotel in
Rome, celebrates the Chamber’s 90th birthday and salutes Mel
Sembler, the departing US Ambassador to Italy. Over 400 guests
are expected to attend.
Partners Lynn Harrison and Eric Gilioli Interviewed
by IL SOLE 24 ORE on Perks of US Bankruptcy
Code April 18, 2005 Partners Lynn
Harrison and Eric
Gilioli were interviewed by IL SOLE 24 ORE, the leading
Italian business newspaper, for its article “Il debitore ha
sempre una chance” (“The debtor always has a chance”)
published on March 29, 2005. The article explores the
interesting aspects of the US Bankruptcy Code which are
favorable to debtors. Messrs. Harrison and Gilioli are members
of the Curtis team that currently serves Parmalat S.p.A. in
bankruptcy proceedings in the US.
Curtis Continues ATSB
Representation April 7, 2005 The Firm represented the federal Air Transportation
Stabilization Board in its role as principal secured creditor
of Aloha Airlines, Inc. in Aloha’s recent Chapter 11
bankruptcy filing in Honolulu, Hawaii. The ATSB guaranteed
ninety percent of a US$45 million loan made to Aloha after
9/11 as part of a federal program to provide the industry with
needed liquidity. After three months in Chapter 11, on April
1, 2005, the ATSB achieved a full recovery on the loan from
the proceeds of a debtor-in-possession loan made by Cerberus
Capital and Goldman Sachs. Aloha narrowly escaped liquidation.
The Firm worked with the US Department of Justice and Lazard,
financial advisor to the ATSB, on the engagement, which was
led by Steven
Reisman, Daniel
Lenihan, Andrew
Thau and Jerry
Bregman. The Firm continues to represent the ATSB in
connection with the bankruptcies of US Airways and ATA
Airlines in which the ATSB faces US$900 million in
exposure.
Partner Robert Sheehan is Listed as a Top
Professional Advisor in the Country in J.K. Lasser’s New
Rules For Estate and Tax
Planning
April 5, 2005 Partner Robert
Sheehan is listed as a top professional advisor in the
country in J.K. Lasser’s New Rules For Estate and Tax
Planning (John Wiley & Sons, Inc., NY, NY). Attorneys,
accountants, financial planners and investment managers were
represented in this listing. Mr. Sheehan was only one of seven
attorneys selected in New York City.
Each advisor has at least ten year’s experience in
his/her field and each attorney listed is a member of the
prestigious organization The GROUP and/or the American College
of Trust and Estate Counsel (ACTEC).
Curtis-led Consortium to Represent the Kosovo Trust
Agency (KTA) in the Reorganization of the Post &
Telecommunications of Kosovo (PTK) February 10, 2005 Legal
Week, February 10, 2005, by Paul Hodkinson
The article featured the winning bid granted to a
consortium led by Curtis to represent the Kosovo Trust Agency
(KTA) in the reorganization of the Post &
Telecommunications [systems] of Kosovo (PTK). The consortium
is composed of Curtis attorneys, Simmons & Simmons
attorneys and accountants from Grant Thornton, Greece and
Grant Thornton, Macedonia. Curtis and Simmons were also
selected to be one of three legal advisors which may be called
upon to assist the KTA in a range of legal needs in connection
with the restructuring of several hundred Kosovo “publicly
owned” or “socially owned” entities.
Curtis Partner Eric
Gilioli serves as the attorney specializing in
international mergers and acquisitions, Matias
Vega serves as the lead telecommunications and corporate
finance advisor, and Peter
Wolrich will serve in dispute resolution matters as
needed. Associate Ali Gursel is the lead associate on the
matter.
Decision in Reproductive Rights Case handled by
Partners Barry Kingham and Dinsmore Adams and Associate Dora
Straus January 31, 2005 Matter of John Doe,
3013-1980, featured in New York Law Journal on
January 31, 2005.
In a case handled by partners Barry
Kingham and Dinsmore
Adams and associate Dora
Straus, New York County Surrogate Eve Preminger recently
issued an important decision on the inheritance rights of
children conceived in vitro. In In re
Construction of Trusts Created by John Doe, Curtis
represented the trustees of three trusts created in the 1950s
for the benefit of the descendants of a New York lawyer,
including a daughter, K. Doe, and her descendants. K. Doe had
two children, twins conceived in vitro with an
anonymous donor egg fertilized with the sperm of K. Doe’s
husband and carried and delivered by a surrogate mother in
California. With the agreement of the surrogate mother, a
California court had ordered that K. Doe and her husband were
the lawful parents of the twins. The trustees petitioned the
New York Surrogate’s Court to determine whether the twins
would be considered descendants of the settlor of the New York
trusts, which benefited “issue” and “descendants” of the
settlor but precluded adopted children from benefiting.
Surrogate Preminger ruled that the trust language excluding
adoptees did not preclude the twins from benefiting as they
were not adopted and there was no evidence that the settlor
would have excluded children born in vitro, a
technique that did not exist during his lifetime. The case has
broader ramifications, however, because K. Doe was neither the
genetic nor the gestational mother of the twins. Despite the
absence of any genetic or gestational connection to the twins,
the court considered them “issue” or “descendants” of K. Doe
and, therefore, of the settlor. The court considered
significant the California court’s order of parentage
following the surrogate birth, granting full faith and credit
to that order despite New York’s legislated public policy
against surrogacy contracts, made void and unenforceable by
Section 122 of the Domestic Relations Law. This appears to be
a case of first impression in New York.
The case is featured in: “Opinion Upholds Trust Rights of
Children Conceived In Vitro and Born to Surrogate,” by Mark
Fass, New York Law Journal Online, January 31, 2005
(http://www.cm-p.com/www.nylj.com).
Curtis has been Selected to be a Recommended Firm
within Latin America Legal 500 January 28, 2005 Curtis has been selected to
be a recommended firm within Latin America Legal 500 for work
in Corporate and Commercial/M&A, Banking and Finance and
Dispute Resolution in Mexico. This honor reflects our
long-standing history in handling significant Latin American
matters.
Since the early 1900s, Curtis lawyers have been
involved in sophisticated Latin American transactions and
disputes on behalf of public and private entities in countries
such as Mexico, Brazil, Argentina, Venezuela, Costa Rica and
Cuba. In 1991, Curtis became one of the first international
law firms to establish a branch office in Mexico City. The
majority of members of the Latin American practice group are
at least bilingual and possess civil law degrees from Latin
American jurisdictions. Our foreign attorneys have attended
prestigious American law schools and are often trained in the
New York office by the leading partners in their respective
areas of law. The Martindale-Hubbell International Law
Digest, one of the most widely used guides on the laws of
more than 80 countries, has turned to Curtis since 1930 to
prepare and annually update the laws of almost every Latin
American jurisdiction.
Two Federal Courts Cite Two Articles Written By Jacques
Semmelman January 27, 2005
The United States Court of Appeals for the Ninth Circuit
has cited Jacques
Semmelman’s case comment, “International Decisions:
Cornejo-Barreto v. Seifert,” 95 Am. J. Int’l L. 435
(2001). In the case comment, Mr. Semmelman criticized a Ninth
Circuit opinion which stated that federal courts have
jurisdiction to review the Secretary of State’s decision to
extradite. The litigation wound its way to the Ninth Circuit a
second time. This time, a different panel of the Ninth Circuit
held that courts do not have such jurisdiction, and cited Mr.
Semmelman’s analysis in support. The recent decision is
reported at Cornejo-Barreto v. Seifert, 379 F.3d
1075, 1087 (9th Cir. 2004).
A different federal court has also recently cited a
different article written by Mr. Semmelman, also on
international extradition law. In Seguy v. United
States, 329 F. Supp. 2d 880, 881 (S.D. Tex. 2004), the
court cited Mr. Semmelman’s article, “Federal Courts, the
Constitution, and the Rule of Non-Inquiry in International
Extradition Proceedings,” 76 Cornell L. Rev. 1198
(1991), for the principle that as a matter of constitutional
law, there need not be any judicial involvement in the
extradition process.
Curtis involved in IFR’s Corporate Bond of the
Year
January 2, 2005 Curtis advised Glencore
International, a privately held Swiss commodities company, one
of the largest privately held companies in the world based on
revenues, in its US$950 million Rule 144a/Reg S bond
offering, which was named by International
Financing Review as the 2004 “US Dollar
Investment-Grade Corporate Bond of the Year.” The bonds are
due 2014 and bear interest at a rate of 6% per
annum.
Curtis Partner Peter M. Wolrich Appointed to Second Term
as Chair of ICC Commission on Arbitration December
21, 2004 The Firm is pleased to announce that Peter
M.Wolrich, Managing Partner of our Paris office, has been
invited to serve a second, consecutive term as Chair of the
ICC(International Chamber of Commerce) Commission on
Arbitration, commencing 2005. During his first three-year term
in this position, which commenced in 2002, Mr. Wolrich played
a leading role in the successful launch of new rules and
numerous publications for use by the international business
and dispute resolution community. These include the new
Dispute Board Rules, the revised Rules for Expertise,
Guidelines for Arbitrating Small Claims and Guidelines for the
Use of IT in International Arbitration.
The ICC , a leading international business organization, is
highly regarded as a pioneer of international commercial
arbitration and dispute resolution, having established the
International Court of Arbitration in 1923. In his second term
as the Chairman of the Commission on Arbitration, Mr. Wolrich
will continue to play a policy-making role in the ICC’s
involvement in international dispute resolution and
arbitration.
Mr. Wolrich has had extensive experience in international
arbitration since he joined the Firm in 1973. He has acted in
ICC, ICSID, LCIA and ad hoc arbitrations, serving as
Chairman of Arbitral Tribunals, Sole Arbitrator,
Co-Arbitrator, and Counsel for claimants and respondents. He
is also a CEDR Accredited Mediator.
Curtis Partner Antonio M. Prida, AIJA’s National
Representative in Mexico for the Past Decade, is Co-Organizing
the 2005 Annual AIJA Congress in Mexico November 5,
2004 Antonio
M. Prida is co-organizing the 2005 Annual International
Association of Young Lawyers (AIJA) Congress in Mexico, the
first time in history that Mexico will host the Annual AIJA
Congress.
AIJA was founded in 1962 in Luxemburg, being the “only
not-for-profit global association focused on the young lawyers
of the world.” Today, its principal office is located in
Brussels, Belgium. The official languages of AIJA are English
and French, and their seminars, conferences and congresses
around the world are carried out in the same. Mr. Prida, a
partner in the Firm’s Mexico City office, has been a member of
the organization since 1993.
For more information regarding the conference and the AIJA,
please click on the announcement below.
Reprinted in its Original Format and Translated to
English Courtesy of The International Association of Young
Lawyers, November 2004 Please click here to view the article
in English- PDF, 86KB Please click here to view the article
in Spanish- PDF, 560KB
Curtis Partner Antonio M. Prida appointed by the Union
Internationale des Avocats as National Vice-President for
Mexico and Member of its Governing Board in
Paris November 4, 2004 Antonio
M. Prida has been appointed by the Union Internationale
des Avocats (UIA) as National Vice-President for Mexico and
Member of its Governing Board in Paris. Established in 1927,
the UIA is the oldest international association of the legal
profession. Today, the UIA is an association open to all
lawyers of the world, made up of both general and specialist
practitioners, counting more than 200 bar associations,
organizations or federations (representing nearly two million
lawyers) as well as several thousand individual members from
over 110 countries. Since it was created, the UIA has adopted
resolutions of a general nature, as well as specific charters
dealing with matters linked to the legal profession. These
charters are implemented worldwide due to active UIA members
in all continents, and in particular to the UIA’s actions
within the framework of international organizations.
Mr. Prida is a partner of Curtis, Mallet-Prevost, Colt
& Mosle LLP and the managing partner of Curtis’ associated
firm in Mexico City, Curtis, Mallet-Prevost, Colt & Mosle,
S.C. His principal areas of practice include corporate,
commercial, securities and finance law as well as foreign
investments. Mr. Prida is an active Board Member of several of
Mexico’s largest philanthropic organizations. He is Secretary
of the Board of Fundación APAC, A.C., which provides funds for
the benefit of individuals suffering cerebral paralysis, and
of Unión de Empresarios para la Tecnología en la Educación,
A.C. (UNETE), which provides technology to public schools.
Curtis Names Three Counsel October 26,
2004
International law firm Curtis, Mallet-Prevost, Colt &
Mosle LLP announces that it has elected Gary
L. Cutler, Jonathan
Harris and Andrew
D. Otis as counsel to the firm, effective August 16, 2004.
Gary L. Cutler has been a member of Curtis’ Litigation
Department since 1999. He is highly experienced in
white-collar criminal defense, environmental litigation, civil
securities fraud cases and accountants’ liability litigation.
Mr. Cutler is a former federal prosecutor with the United
States Attorney’s Office for the District of New Jersey where
he specialized in white-collar and environmental prosecutions.
Admitted to practice in both New York and New Jersey, Mr.
Cutler holds a J.D., cum laude, from S.U.N.Y. at
Buffalo and an LL.M. from Harvard Law School.
Jonathan Harris rejoined the firm in 2001. His practice
focuses on complex litigation, both civil and white-collar
criminal. He has defended individuals and corporations in
federal criminal matters, regulatory investigations,
arbitrations, and state and federal securities class actions.
Mr. Harris also has extensive experience representing clients
in corporate matters, including financings, joint ventures and
startups. He began his legal career clerking for Judge Thomas
P. Griesa of the United States District Court for the Southern
District of New York. Mr. Harris is admitted to practice in
New York, California and Washington, D.C. and holds a B.A.,
Phi Beta Kappa, from Stanford University and a J.D.,
Order of the Coif, from Stanford Law School.
Andrew D. Otis is highly experienced in environmental law
and works in conjunction with both the corporate and
litigation departments on the environmental aspects of
corporate transactions and litigation. He is co-chair of the
International Law and Practice Section Committee on
International Environmental Law of the New York State Bar
Association. Prior to joining the Firm, Mr. Otis spent nine
years at the U.S. Environmental Protection Agency, during
which he played a key policy advisory role in several areas.
He holds a J.D., cum laude, and an MPA from Indiana
University.
Curtis Litigators Secure Key Victory on Behalf of Client
Arthur Andersen October 26, 2004 A team of
Curtis litigators, including partners Eliot
Lauer and Michael
Moscato and associates Daniel
Marcus and Aviva Wein, recently secured a key victory on
behalf of client Arthur Andersen in the ongoing WorldCom
securities litigation.
On September 17th, U.S. District Judge Denise L. Cote
granted Andersen’s motion to dismiss in a class action that
was claiming billions of dollars in damages. The case was
filed on behalf of all WorldCom shareholders who purchased
their shares prior to April 1999 and then held those shares
through June 25, 2002, the date on which the company disclosed
that its top executives had improperly capitalized US$3.8
billion of line costs.
These “holder” plaintiffs had asserted a claim against
Andersen under Georgia state law (WorldCom was incorporated in
Georgia), claiming that Andersen had aided and abetted a
breach of fiduciary duty by WorldCom’s executives and
directors. However, as the Curtis team successfully argued,
Georgia courts do not, and would not, recognize claims for
aiding and abetting breach of fiduciary duty, nor is Georgia
one of the few states that permit securities “holder claims”
(i.e., claims arising out of the retention of
securities, as opposed to purchases or sales).
Congratulations to the Andersen-WorldCom team, which in
addition to Eliot Lauer, Michael Moscato, Daniel Marcus and
Aviva Wein, also includes counsel Gary
Cutler and associates Jonathan
Walsh, Michael Hanin, Elizabeth Miller, and Peter
Behmke.
ICC Launches New Dispute Board Rules; Partner Peter
Wolrich a Principal Draftsman October 26,
2004 On September 1, 2004, the International Chamber of
Commerce (“ICC”) launched new documents and services for use
by the international business community in establishing and
operating Dispute Boards (“DBs”).
Peter
Wolrich, Managing Partner of the Paris office of Curtis,
Mallet-Prevost, Colt & Mosle LLP, currently serves as the
Chairman of the ICC’s Commission on Arbitration and played an
integral role in establishing the ICC’s DB Task Force and
acted as a principal draftsman of the new DB rules.
These rules consist of 34 articles which cover the types of
DB available, the establishment and activity of the DB, the
procedure for informal assistance and for issuing
recommendations or decisions, and the obligations and
compensation of DB members. The ICC DB Centre may be called
upon to appoint DB members, decide on challenges of DB members
and review DB Decisions as to form.
For further information on this new ICC dispute resolution
mechanism, please visit the newsletter
section of the Firm’s website which contains a detailed
Arbitration Client Alert. http://www.cm-p.com/publications_newsletters.htm
Curtis Partner Tom Mackay Continues Efforts as Champion
of UK Smaller Company Sector August 23, 2004
Tom
Mackay, a Partner based in the London office of Curtis,
Mallet-Prevost, Colt & Mosle LLP, has been elected
Chairman of the Legal Committee for the Quoted Companies
Alliance (QCA). The QCA represents the views of the UK quoted
company sector (outside the FTSE 350) to the Government and
other UK and European regulatory bodies.
Mr. Mackay said, “The QCA is an excellent organization. No
other body focuses on the smaller company sector, helping them
with issues such as risk management, cost reduction and
generally trying to make life easier, so the directors can
focus on making money for their company.”
The key objectives of the QCA are to benefit the Smaller
Quoted Company sector by reducing the burden of regulation,
which falls disproportionately on smaller quoted companies,
and to increase investor liquidity within the sector. The QCA
also provides a forum for networking and provides access to a
variety of influential city figures and advisers.
For a large part of his career, Mr. Mackay was with 3i plc
(the largest European venture capital organization), rising to
become head of the Legal Department and a Director. He then
became head of the Legal Department of the London Stock
Exchange. Previously, Mr. Mackay has been Chairman of the
Company Law Committee of the Birmingham Law Society, Chairman
of the Law Society’s Commerce and Industry Group West Midlands
and a member for 10 years of the Standing Committee on Company
Law of the Law Society. He is the co-author of several books
including books on topics such as AIM, London Stock Exchange,
doing business in the UK, Butterworths Financial Regulation
Service and LexisNexis Butterworths Annotated Guide to the
Financial Services and Markets Act 2000.
Mr. Mackay represents a diverse range of clients,
including: investors (private and institutional),
entrepreneurs, stock exchange market infrastructure providers,
overseas businesses, corporate advisers, other solicitors and
overseas government bodies. He serves clients in areas such
as: English law advice on international contracts including
contracts relating to petroleum products and shipping; legal
advice to companies raising equity capital; financial services
advice for US brokers operating in Europe; corporate law
advice to overseas companies acquiring assets in Europe;
advice to non-executive directors on corporate governance
issues; legal advice to stock market infrastructure firms;
English law advice to overseas government and state entities.
Mark O’ Donoghue and Felipe Creazzo Featured in
Inaugural Edition of Brazilian Energy Institute
Journal August 16, 2004 The article “Basic
Legal Aspects of the US Oil Production and Contracts,” written
in Portuguese by Curtis associate Felipe
Creazzo, has recently been published in the inaugural
edition of the Brazilian Institute of Energy Law Studies’
Journal.
Curtis partner Mark
O’ Donoghue and Felipe went to São Paulo, Brazil in
November of 2003 at the behest of the then recently
incorporated Institute’s first Congress, in which Mark gave a
speech on “US Oil Production Contracts.” Mark’s acclaimed
speech was followed by an invitation to submit an article in
Portuguese covering his presentation, which Felipe accepted to
prepare.
The Institute’s members include the most prominent
Brazilian law firms and the largest energy companies
established in Brazil.
Reprinted in its Original Format and Lanquage Courtesy
of the Instituto Brasileiro de Estudos do Direito da Energia
(The Brazilian Institute of Energy Law Studies); First
Edition, April 2004 Please click here to view the article
- PDF, 100KB
Curtis Advises Leach Holding Corp. in its Purchase By
Esterline Technologies Corp. August 13, 2004
Curtis advised Leach Holding Corp. in its purchase by
Esterline Technologies Corp. for approximately US$145
million in cash plus the assumption of certain liabilities.
The deal is expected to be completed in August and is pending
government approvals.
“We were very pleased to have jointly developed and
executed with our client a strategy which maximized the
shareholders’ after-tax returns,” said Curtis partner Lawrence
Goodman. “This is a classic scenario in which the
opportunistic private equity seller and strategic buyer take
advantage of an upswing in both the industry in which the
company operates and the overall M&A market. It allows the
private equity seller to achieve a compelling and favorable
exit strategy.”
Leach is a leading producer of high-end electromechanical
relays, solid-state switching devices and advanced power
distribution assemblies for aerospace applications. Esterline
Corporation is a specialized manufacturing company serving
aerospace/defense and medical markets.
The Curtis team that advised Leach was lead by partner
Lawrence Goodman and included associates Kathryn
Alisbah and Rekha
Rangam, as well as partner Geoffroy
Lyonnet.
Curtis Advises Parmalat de México on Sale of Mexican
Assets July 12, 2004 Curtis advised Parmalat
de México S.A. de C.V. (“Parmalat Mexico”) on the recently
completed sale of its Mexican assets to Grupo Industrial Lala
S.A. de C.V. (“Lala”). Parmalat Mexico is the subsidiary in
Mexico of the Italian milk-producing giant Parmalat S.p.A.
Lala is a leading producer of milk and dairy products in
Mexico. The assets consisted primarily of a production plant
in the State of Jalisco and three distribution centers
elsewhere in Mexico.
“We were asked by our client to complete the transaction as
quickly as possible, ensuring the supply of Parmalat’s
products in the Mexican market and the cooperation of its
customers and creditors,” said Eric
Gilioli, the partner responsible for Curtis’ Milan office.
Antonio
Prida, Managing Partner of Curtis’ Mexico City office,
commented, “Thanks to the well-coordinated efforts of the
interested parties, Parmalat Mexico was able to operate
throughout the negotiation process and preserve its goodwill
through Closing.”
Parmalat’s internationally known UHT milk products as well
as its flavored and specialized dairy products (such as
lactose-free and condensed milk) will continue to be sold in
Mexico by Lala using Parmalat brands under license to Lala.
Curtis’ legal team was led by Antonio
Prida, along with associates Rodrigo
Valverde, Lorena Baqueiro and Antonio De Lisi, as well as
other resources of the Firm that handle Mexican and Italian
legal issues in the areas of corporate law, bankruptcy,
litigation, antitrust and intellectual property.
Curtis Milan Partner Fabrizio Vismara Publishes Book on
International Taxation July 12, 2004 Fabrizio
Vismara, a partner in the tax department of Curtis Milan,
has recently published a book entitled “International Aspects
of Taxation” (“Profili internazionali dell’imposizione
tributaria”). The book addresses the Italian tax reform that
became effective on January 1, 2004, and covers areas such as
permanent establishment, the new affiliated corporation tax
regime, the look-through tax regime, the controlled foreign
companies regime (CFC) and the taxation of dividends. It will
also serve as a textbook for students of Italian universities
and law schools.
Curtis Welcomes Four Attorneys to
Partnership July 7, 2004 Curtis has elected
Antonio
M. Prida, Eloy
Barbará, Javier
Jiménez and Valarie
A. Hing to the partnership, effective July 1, 2004.
Messrs. Prida, Barbará and Jiménez will also continue to be
partners in Curtis’ associated firm in Mexico, Curtis,
Mallet-Prevost, Colt & Mosle, S.C. (“CMPSC”).
“As we prepare to celebrate our firm’s 175th Anniversary
next year, this decision reflects our growing business and our
optimistic view of the future,” said George
Kahale, III, the Firm’s Managing Partner. “Valarie Hing
will strengthen our international corporate group in New York
and the election of Antonio Prida, Eloy Barbará and Javier
Jiménez reflects our continuing confidence in our Mexico and
Latin American practice.”
Valarie A. Hing joined Curtis as an associate in 1993.
Based in the New York office, her practice includes
representation of U.S. and foreign clients in a broad range of
domestic and international corporate transactions, including
mergers and acquisitions, syndicated and other corporate
financing transactions, and securities offerings and
securities compliance. She received her B.A. from Hamilton
College and her J.D. from Stanford University School of Law.
Ms. Hing is Vice Chair of the Board of Directors of Brooklyn
Legal Services Corporation A.
Antonio M. Prida is one of the founding partners of CMPSC,
and since 1991 he has been acting as International Counsel for
Curtis. His principal areas of practice include international
corporate and commercial law, foreign investments, mergers and
acquisitions, as well as real estate. Besides being authorized
to practice law in México, Mr. Prida has been admitted as a
Foreign Legal Consultant by the Supreme Court of the States of
New York and Texas. Mr. Prida is an active board member of
several of Mexico’s largest philanthropic organizations. Mr.
Prida has been President of the Mexican Commission of Human
Rights, he is Vice-President of the Ilustre y Nacional Colegio
de Abogados de Mexico, the oldest professional association of
the American Continent, and Vice-President of the Human and
Procedural Rights and Responsibilities Commission of the
International Association of Young Lawyers (AIJA).
Eloy Barbará joined the Firm in 1993 as an associate in the
International Corporate department in New York and later
became a partner in CMPSC. Mr. Barbará is experienced in
international corporate and financial transactions,
privatizations, joint ventures and project finance. Prior to
joining the Firm, Mr. Barbará worked for two years in the
legal department of the Public Credit Section of the Ministry
of Finance and Public Credit of Mexico. He received his Degree
of Law from Instituto Tecnológico Autónomo de México.
Javier Jiménez also joined the Firm as an associate in
1993, after completing a one-year clerkship at the Supreme
Tribunal of Justice of Mexico City, and later became a partner
in CMPSC. Mr. Jiménez has experience in corporate
transactions, privatizations, project finance and arbitration.
He received his LL.M. from Harvard University and his Degree
of Law from Universidad Nacional Autónoma de México. In
addition to his law practice, Mr. Jiménez has also taught law
at the Universidad Latinoamericana in Mexico City and has had
advanced studies in language and literature at the Universidad
Nacional Autónoma de México.
Peter M. Wolrich Awarded the Legion of Honor by the
French Republic June 1, 2004 Peter
M. Wolrich, Managing Partner of the Firm’s Paris office,
has been awarded the Legion of Honor by the French Republic.
Created at the beginning of the 19th century by Napoleon
Bonaparte, the medal is France’s highest distinction for an
elite group of people who distinguish themselves through
civilian or military valour.
Antonio M. Prida to co-Host the 2005 Annual Congress of
the Association Internationale des Juenes Avocata
May 28, 2004 The Annual Congress of the
Association Internationale des Juenes Avocata (AIJA) for 2005
will be held in Mexico City and will be hosted by partner Antonio
M. Prida, who served as AIJA National Representative since
1994, and Mr. Joaquín Rodríguez Zarza, recently appointed as
AIJA National Representative for Mexico. For more information
please
click here to visit the AIJA website.
Curtis Achieves Landmark Ruling in Sale of Foreign
Subsidiary Tax Case May 19, 2004 Curtis
achieved a landmark ruling on May 5 in Dover Corp. v.
Commissioner of Internal Revenue in the United States Tax
Court on behalf of longtime client, Dover Corporation.
Remarking on the decision, lead counsel Robert
Whoriskey notes: “The outcome of this case is quite
significant, since it affords all U.S. corporations greater
flexibility in structuring sales of foreign subsidiaries with
minimal U.S. tax implications.”
The Internal Revenue Service had contended that gain
realized by a wholly owned Dover subsidiary on the sale of
stock in another foreign subsidiary was taxable during the
year of sale in the United States as passive “subpart F
income.” Although the transaction in the Dover case was
structured as a stock sale, Dover had elected to “check the
box” and to change its subsidiary’s corporate status to that
of a liquidated subsidiary, but only for U.S. tax purposes.
That caused the stock sale instead to be treated for U.S. tax
purposes as an asset sale outside of the United States, the
gain on which was not taxable in the United States. In a May 5
ruling, Judge James S. Halpern of the Tax Court upheld Dover’s
characterization of the transaction, with the result that
Dover saved approximately US$9 million in federal income
tax. The Dover decision according to the Tax Court was a case
of “first impression.”
Curtis served as counsel to Dover, with a team led by Robert
D. Whoriskey along with partner Eduardo
A. Cukier and associates Linda
Galler and Daniel
J. Kheel.
Peter Fleming Jr. and Eliot Lauer Mentioned in the
Chambers 2004 Client’s Guide May 6, 2004
Curtis Litigation partners Peter
Fleming Jr. and Eliot
Lauer were listed in the Chambers 2004 Client’s Guide. The
Chambers Guide is designed to reflect market opinion and is
the result of a year’s work interviewing clients and lawyers
across the US to obtain a consistent market view of which
firms and attorneys are considered leaders in the field. Mr.
Fleming and Mr. Lauer are both recommended in Litigation.
Andrew Otis Selected to Serve on Boards Within the New
York State Bar Association and Indiana University School of
Law April 5, 2004 Andrew
Otis, an associate in the Firm’s environmental department,
recently has been elected co-Chair of the International Law
and Practice Section Committee on International Environmental
Law of the New York State Bar Association. Mr. Otis has also
been selected by the Dean of Indiana University School of Law
to serve on the newly established Environmental Law Program
Alumni Advisory Board. The Board is dedicated to making the
environmental program at Indiana University School of Law one
of the top ten programs in the United States.
Jeff Zuckerman in The Wall Street Journal Sunday
and The New York Times April 1, 2004
Jeff
Zuckerman, a partner of the Firm’s Washington, D.C.
office, was mentioned recently in The Wall Street Journal
Sunday (“Deducting Preschool Tuition As Charitable
Contribution;” March 7, 2004) and The New York Times
(“Court Case Poses Challenge to Scientology Tax Break;” March
24, 2004) in connection with Curtis’ pro bono work in
the case of Sklar v. Commissioner of Internal
Revenue. These reports came as the trial of that case was
scheduled to begin on Wednesday, March 24, 2004 in United
States Tax Court in Los Angeles.
Since 1993, the Internal Revenue Service has allowed
members of the Church of Scientology to deduct as charitable
contributions their payments to their Church for religious
instruction. In the Sklar case, the taxpayers (with
Mr. Zuckerman as their attorney) are attempting to establish
that adherents of other religions -- the Sklars are Jewish --
also may deduct their payments for religious instruction. A
ruling in favor of the Sklars could benefit millions of
Americans who send their children to religious schools of all
types.
Curtis Represents Mexican State-Owned Government
Development Bank in Issuance of US$400 Million 3.875% Euro
Medium Term Notes Due 2000 March 29, 2004 In
the third of three successive major financial transactions --
following the US$300 million term credit facility which
closed in July 2003 and the renewal of the US$350 million
letter of credit-backed U.S. commercial paper program which
closed in December 2003 -- Curtis represented Mexican
state-owned government development bank Banco Nacional de
Comercio Exterior, S.N.C. (“Bancomext”) in its issuance of
US$400 million 3.875% Euro Medium Term Notes Due 2000. The
offering closed in January 2004. The Notes, issued under
Bancomext’s US$2.5 billion Euro Medium Term Note Program,
were the first such instruments issued by the Bank to contain
“collective action clauses” which have become standard for
Mexican government issuers. Lead managers for the offering
were Banc of America Securities LLC and Santander Investment
Limited, and dealers included Barclays Capital Inc., Citigroup
Global Markets Limited and Morgan Stanley & Co
International Limited.
Curtis acted as New York counsel to Bancomext, with partner
David
Bayrock and associates Ali Gursel and Ana
Gallo participating.
Funds obtained by Bancomext from the three financing
transactions were used in part to repay the outstanding
balance of the Bank’s 7-1/4% Notes which were issued in a U.S.
$1 billion global offering in 1994 and came due on February 2,
2004. Curtis also acted as counsel to Bancomext in the initial
global offering.
Felipe Creazzo Interviewed by BBC March 17,
2004
Felipe
Creazzo, an associate of the Firm’s International
Corporate department, was interviewed by BBC in London and
Radio Eldorado in Brazil (a leading Brazilian news radio
station), in a simultaneously transmitted live radio program
regarding the Brazilian electric energy regulations that have
finally passed as new law in Brazil on March 15, 2004. This
topic has quickly become breaking news within the
infrastructure sector all over the world.
In August 2003, Mr. Creazzo co-authored an article entitled
“Draft
Model of a New Regulatory Framework” on a new Brazilian
electric energy regulation proposed at the time by the
Brazilian government. The article has been republished in the
October/November 2003 issue Latin Lawyer magazine,
Migalhas (the leading Brazilian e-mail newsletter on
legal issues), and the October 31, 2003 issue of the Latin
American Law and Business Report.
Curtis Continues Representation of Federal Air
Transportation Stabilization Board in US Airways Restructuring
March 15, 2004 Curtis continued its
representation of the federal Air Transportation Stabilization
Board (ATSB) with the restructuring on March 12, 2004 of US
Airways’ US$1 billion term loan, which is 90% guaranteed by
the ATSB. US Airways agreed to prepay US$250 million of the
loan and to raise its minimum unrestricted cash level to U.S.
$700 million in exchange for financial ratio covenant relief
through 2005 and greater flexibility to sell certain assets.
The ATSB also granted relief from a prospective default
triggered when KPMG LLP stated, in connection with its report
on US Airways’ 2003 financial statements, that there is
substantial doubt as to the company’s ability to continue as a
going concern.
The ATSB was established to provide federal loan guarantees
to support U.S. air carriers that have suffered financial
losses in the aftermath of the September 11, 2001 terrorist
attacks. Curtis has represented the ATSB in transactions with
six air carriers -- Aloha Airlines, America West Airlines,
American Trans Air, Frontier Airlines, US Airways and World
Airways -- involving an aggregate of US$1.8 billion in
loans and an equity stake by the ATSB in each of the
borrowers.
Curtis Attorneys Successfully Defend RICO
Suit March 10, 2004 In a significant ruling
involving important principles of international law, Curtis
litigators, led by Turner
P. Smith and Myles
K. Bartley, recently obtained the dismissal of a purported
multibillion dollar RICO suit. On February 18, 2004, Judge
Laura T. Swain (U.S. District Court for the Southern District
of New York), granted defendants’ motion to dismiss in its
entirety a RICO suit brought against multiple defendants,
including Curtis’ client Access Industries, Inc., in the case
Norex Petroleum Ltd. v. Access Industries, Inc., et
al., No. 02 Civ. 1499.
The plaintiff, a Cypriot corporation doing business in
Canada, alleged that defendants - all of whom had investments
in or connections to Tyumen Oil Company (TNK), a major Russian
oil producer - had engaged in wrongdoing in the Russian
Federation affecting plaintiff’s purported investment in a TNK
subsidiary. After unsuccessfully pursuing its claims in
Russia, plaintiff brought suit here in federal court in New
York. The defendants, represented by a group of prominent New
York law firms, moved to dismiss the complaint on a number of
procedural and substantive grounds.
The court dismissed the complaint under the doctrine of
forum non conveniens, i.e. that the United
States was not the proper forum for the claims in suit. The
court reasoned that since the “core allegations are based on
Russian events” and that “the evidentiary center of gravity of
this litigation is located in Russia,” plaintiff should return
to Russia to pursue its claims.
This is an important victory for Access Industries, Inc.
and its shareholders, for Russian companies generally, and for
other non-U.S. companies who may find themselves unwillingly
made party to a U.S. litigation. Judge Swain’s decision is a
significant and timely endorsement of the Russian legal system
and reaffirms a line of recent cases holding Russia to be an
adequate forum for the litigation of commercial disputes.
Judge Swain’s decision also affirms that U.S. courts will
reject suits that merely assert “sweeping generalizations”
regarding a plaintiff’s inability to pursue claims in a
foreign forum, including generalized claims of corruption or
inefficiency in the foreign forum. Finally, Judge Swain’s
decision will discourage “forum shopping,” where foreign
litigants seek to pursue claims in U.S. courts to take
advantage of U.S. courts’ more liberal rules and
procedures.
The plaintiff has 30 days from when judgment is entered to
file a notice of an appeal.
Joining Messrs. Smith and Bartley in the Firm’s effort was
associate Armen Morian.
Curtis Victorious in Refugee Asylum
Case February 27, 2004 A team of Curtis
attorneys recently won a victory on behalf of a refugee from
the Democratic Republic of Congo. Arriving in New York in
September of 2003, he is the nephew of a member of the
political opposition group, who has gone missing. Judge Abrams
(Immigration Court of New York) awarded the refugee asylum
based on the Firm’s ability to establish a reasonable fear of
future persecution based on his relation to his uncle. Our
client was held in an INS detention facility throughout the
proceedings. He was released upon the order granting asylum.
The Curtis team that handled the pro bono case
included Carlos Berdejo, Natalia Cavaliere, Ilena Patti, Ana
Rosado and Marie-Thérèse Goré Yates.
Curtis Represents Bancomext in Completion of US Paper
Programme February 13, 2004 Mexican
state-controlled development bank Banco Nacional de Comercio
Exterior SNC (Bancomext) has successfully completed the
issuance of a US$350 million United States Commercial Paper
Programme. The documentation for the programme became
effective on December 3, 2003.
The notes issued under the programme are interest bearing,
and were rated Prime-1 by Moody’s Investor’s Services and A-1+
by Standard & Poor’s . There were no guarantees. Credit
Lyonnais, New York Branch, was the issuing bank, syndication
agent and a joint lead arranger. Bayerische Hypo- und
Vereinsbank AG, New York Branch, acted as the administrative
agent and, with Natexis Banques Populaires, as joint lead
arranger.
Bancomext was advised in New York by Curtis,
Mallet-Prevost, Colt & Mosle LLP, through partner David
Bayrock and associate Raymond
Hum. Mr. Bayrock has been mentioned in the April 30, 2004
edition of Latin Lawyer Briefing.
Curtis Representation of Dexia and IFC in
Securitization/Municipal Bond Transaction in Mexico Awarded
Latin American Municipal Deal Award for 2003 by Project
Finance Magazine January 26, 2004 In
August 2003, the Municipality of Tlalnepantla de Baz in the
State of México closed the first securitization of water
collection rights in Mexico to include credit enhancement by
foreign financial institutions. The transaction, undertaken
for the purpose of financing water infrastructure development
for the Municipality, was structured as a bond issuance, in a
principal amount approximately equal to US$10 million, with
payment on the bonds backed by water collection rights and
with credit enhancement in the form of a letter of credit
issued by Dexia Credit Local New York Agency, and a limited
guaranty from the International Finance Corporation. Curtis
acted as Mexican counsel to Dexia Credit Local New York Agency
and the International Finance Corporation in structuring and
implementing the transaction, which included project finance
issues as well as Mexican constitutional issues relating to
the payment obligations to the foreign credit enhancement
providers. The structure of the transaction was new to the
growing Mexican municipal bond market, as well as to the
International Finance Corporation, a member of the World Bank
Group, which has traditionally focused on private sector
financing.
The Curtis team for the transaction was led by partner Yves
Lepage and included partners Ricardo
Diez, Javier
Jimenez and Eloy
Barbará and associate Rodrigo
Valverde. The transaction has been awarded the Latin
American Municipal Deal Award for 2003 by Project Finance
Magazine.
Andrew Otis Commended for Pro Bono Work
Performed for the Cider Mill Friends of Open Space and
Historic Preservation, Inc. January 9, 2004
Andrew
Otis, a senior associate in the Firm’s environmental
department, was commemorated by the Dutchess County
Legislature for pro bono work performed for the Cider
Mill Friends of Open Space and Historic Preservation, Inc.
Cider Mill Friends was formed in response to the proposed
demolition of the 1853 Kimlin Cider Mill on one of the last
open spaces in the Town of Poughkeepsie for construction of
another housing development. Mr. Otis aided in the negotiation
of agreements of purchase with the developer, to raise more
than US$40,000 in donations and loans and to achieve the
Historic Preservation Grant of US$162,500 from the New York
State Office of Parks, Recreation and Historic Preservation.
Cider Mill Friends successfully secured listing of the Kimlin
Cider Mill, one of the oldest cider mills in America, on the
New York State and National Registers of Historic Places.
Curtis Hosts Cocktail Reception for members of the
Association Internationale des Jeunes Avocats
November 26, 2003 On November 13, 2003, the
Firm’s Mexico City office hosted a cocktail party for Miguel
de Avillez Pereira, President of The Association
Internationale des Jeunes Avocats (AIJ), and its
Vice-President Frans Duynstee. Antonio
Prida, a partner of Curtis, has served as the Presidential
Delegate in Mexico for the past decade. Recently, at the Young
Lawyers Committee meeting of the Mexican Bar, Mr. de Avillez
Pereira announced the decision of the Bureau that the 2005
Annual Congress will take place in Mexico City. The Annual
Congress is the most important event of AIJA and is usually
attended by about 500 lawyers from all over the world. Other
cities where the Congress has been organized include:
Vancouver, New Delhi, Rio de Janeiro, Florence, Sydney,
Brussels, Montreal, Helsinki, Lisbon and Edinburgh. The 2004
Congress will be held in Naples. Please click here to view a photo from the Young
Lawyers Committee meeting.
The objectives of AIJA are the promotion of the solidarity
and respect among the young lawyers around the world; the
exploitation of the rich diversity of the juridical systems of
the different members of AIJA, for the development of the
legal profession; the promotion of guild associations within
countries where lawyer guild associations do not exist; the
comparative study of the different juridical systems of the
countries of the world, in order to influence its development
and update with the novelties generated in the field of law;
and to intervene on behalf of lawyers who have lost their
freedom or who have been persecuted around the world in
connection with the development of their profession.
AIJA formed an organization called SOS Avocats, a system in
which AIJA unites several local Bar associations of the world
to guaranty the liberty of the exercise of the lawyer’s
profession and to avoid any threats against it. AIJA is not
only interested in the technical aspect of the profession, but
also in the social relationships between its members and
participants in seminars or congresses. This is carried out by
means of cultural and social events, such as excursions in the
host countries, lunches, dinners, etc., organized by the
lawyers who reside in the host cities.
Peter M. Wolrich Named in Who’s Who Legal
Noveber 14, 2003 The Firm is pleased to
announce that the 2003 edition of Who’s Who Legal has
named Peter
Wolrich, Managing Partner of the Paris office, in its
Commercial Arbitration section. Who’s Who Legal
presents the foremost legal practitioners who excel in a
particular area of corporate and commercial law as judged by
their peers. To view the Who’s Who Legal listings on
its web page ,
please click here.
Sale of Flexi-Mat Corporation to American Capital
Strategies, Ltd. October 31, 2003 On Friday
October 31, 2003, an affiliate of American Capital Strategies,
Ltd. completed the acquisition of Flexi-Mat Corporation, an
Illinois-based pet bed manufacturer, for a total cash purchase
price of approximately $50.5 million. American Capital is a
publicly traded buyout and mezzanine fund with capital
resources of approximately US$2 billion. The acquisition,
which was effected by the merger of affiliate of American
Capital with and into Flexi-Mat, was structured so as to
maximize the after-tax return to the Company’s shareholders.
In addition, certain members of management who retained their
positions with the Company following the sale were able to
invest a portion of the proceeds they received in the
surviving company on a tax-free basis. Curtis represented
Flexi-Mat, which has been a client of the Firm since 1988 when
a group of investors led by G.L. Ohrstrom & Co. acquired a
significant ownership interest in the Company. The Curtis
corporate team was led by partner Lawrence
Goodman, with assistance from associates Kathryn
Alisbah, Catherine
Baecher, John
Nielsen, Samantha Kirby and Marie-Thérése Yates. The
Curtis tax team was led by partner Alan
Berlin, with assistance from associates Daniel
Kheel and James
McCann.
The Legal Aid Society Honors Associate Shabana Qaiser
for Outstanding Pro Bono Services October
28, 2003 Shabana Qaiser, an associate in the Firm’s
Bankruptcy and Creditors’ Rights Department, will be honored
by the Legal Aid Society for outstanding pro bono
service to the Civil Division’s Consumer Law Unit. Ms. Qaiser
will be recognized, along with certain other volunteers, at a
2003 Pro Bono Awards and Law Firm Recognition Ceremony to be
held on November 3, 2003. The keynote speaker will be Chief
Judge Judith S. Kaye, who will also present the awards.
Curtis to Host Teleconference “The Bottom Line: Impact
of Recent SEC Proposed Regulatory Changes on Hedge Fund
Managers” October 21, 2003 The SEC has for
some time been studying hedge funds and considering whether
there is more need for regulation of the funds and their
managers. The SEC recently released a study undertaken by its
staff, that contains recommendations for certain regulatory
changes for hedge funds and their managers. The most important
aspect of the recommendations is that hedge fund managers will
have to register with the SEC as investment advisers under the
Investment Advisers Act of 1940. In the case of non-US hedge
fund managers (this would include non-US managers of offshore,
open-ended funds), they would have to register with the SEC as
investment advisers if they have more than 14 US investors, in
the aggregate, in the hedge funds they manage. Many non-US
managers of offshore funds privately place some of the shares
of their funds with US investors.
Partners of Curtis’ Investment Management practice will
give a presentation concerning the SEC study and the
recommendations, including their effects on foreign
managers.
To accommodate both U.S. and European participants, the
teleconference will be held twice. The presentations will be
approximately 30 minutes, followed by 15 minutes for
questions.
Session A Wednesday, October 22,
2003 4:00pm to 4:45pm EDT Click here to register for this session
Session B Monday, October 27,
2003 11:30am to 12:15pm EDT Click here to register for this session
Miguel I. Estrada Sámano to Receive the Distinguished
Cross of First Class of the Order of San Raimundo de Peñafort
September 18, 2003 The Firm is pleased to
announce that Miguel
I. Estrada Sámano, international counsel to the Firm, will
receive the Distinguished Cross from First Class of the Order
of San Raimundo de Peñafort from Víctor Manuel Tinoto Rubí (ex
Governor of the State of Michoacán), a decoration that has
been in his custody since it was granted to him by the Kingdom
of Spain, awaiting the authorization of Union Congress for its
delivery. The ceremony will take place in the Salón de Actos
of the distinguished Nacional Colegio de Abogados de México.
Curtis Tops LatinFinance League Table Rankings
for Legal Advisor to Latin American Corporate Issuers
September 18, 2003 Curtis is ranked as Top
4th Legal Advisor to Latin American Corporate Issuers in the
Latin American League Tables 1988-2002, based on number of
transactions, as published in the August 2003 issue of
LatinFinance magazine. The Firm completed 17
transactions with a total deal value of US$4.62 billion. As
a service to our clients, friends of the Firm and site
visitors, the complete LatinFinance Latin American
League Tables may be viewed by clicking here.
Curtis Closes US$300M Syndicated Term Loan Facility
Deal August 13, 2003 Banco Nacional de
Comercio Exterior, S.N.C., a Mexican government development
bank, borrowed US$300 million in a syndicated term loan
facility led by Citigroup Global Markets Inc. and HSBC
Securities (USA) Inc. as joint lead arrangers and bookrunners.
The facility consists of a three-year tranche and a five-year
tranche and proceeds are to be used to fund the borrower’s
trade finance activities and working capital requirements.
Curtis acted as United States counsel to the borrower, with
partner David
Bayrock and associate Ana
Gallo participating in the transaction.
Curtis Represents Emergency Steel Loan Guarantee Board
in Wheeling-Pittsburgh Steel Successful Chapter 11
Restructuring August 1, 2003
On July 31, 2003, Wheeling-Pittsburgh Corporation and its
principal operating subsidiary, Wheeling-Pittsburgh Steel
Corporation, successfully emerged from Chapter 11 bankruptcy
protection with the help of a loan guarantee from the Federal
Emergency Steel Loan Guarantee Board (ESLGB), which was
represented by Curtis in the transaction. The ESLGB guaranteed
approximately 88% of a US$250 million senior secured term
loan. The lending syndicate was led by Royal Bank of Canada
and RBC Capital Markets. The State of West Virginia and the
State of Ohio participated in the loan. Wheeling-Pittsburgh’s
reorganization was financed also by a US$250 million
working capital facility provided by a syndicate led by
General Electric Capital Corporation.
$110 million of the proceeds from the guaranteed term loan
will fund the construction of an electric arc furnace (EAF) at
Wheeling-Pittsburgh’s Stuebenville/Mingo Junction facility in
Ohio. The EAF will provide Wheeling-Pittsburgh with the unique
flexibility to feed its downstream operations with steel
either from scrap melted in the EAF or from liquid iron newly
produced in the company’s blast furnace.
The ESLGB was established by Act of Congress in 1999 to
provide federal loan guarantees to support domestic steel
producers. The ESLGB is comprised of designees of the Chairman
of the Board of Governors of the Federal Reserve Bank, the
Secretary of Commerce, and the Chairman of the Securities and
Exchange Commission. Curtis has represented and continues to
represent the ESLGB in other matters.
The Curtis team was led by partners Daniel
R. Lenihan and Steven
J. Reisman with associates Ali Gursel, Evan
Borenstein, Kerri DeRuyter and Julie Dyas.
Curtis Represents Sultanate of Oman in Omani National
Navigation Aids Concession July 29, 2003
A
Concession Agreement for the exclusive provision of
navigational aids and related services was signed between the
Government of the Sultanate of Oman and the newly formed
Arabian Maritime and Navigation Services Co. The Minister of
Transport and Communications and Minister of National Economy
signed the 15-year agreement on behalf of the Government. The
agreement marks another step in the further strengthening of
the maritime transport cluster that is being developed in
Oman.
Curtis Closes US$300M Term Loan Facility Deal
July 24, 2003 Corporacion Nacional del
Cobre de Chile, a Chilean government-owned copper company,
borrowed US$300 million in a syndicated facility led by BNP
Paribas as Lead Arranger and Administrative Agent. The
facility was entered into as of July 18, 2003, with Closing
and Borrowing on July 24, 2003. Funds from the facility are to
be used to fund the Borrower’s working capital requirements.
Curtis acted as New York counsel to the Lender, with Susan
Pollack acting for the Firm in the transaction.
Curtis Closes Two Shipbuilding Contracts for the
Government of the Sultanate of Oman July 21,
2003
In July 2003, Curtis acted for the Government of
the Sultanate of Oman in closing two shipbuilding contracts
worth US$299.5 million for the construction of a pair of
LNG tankers. The agreements will
enable the Government to continue its development of a fleet
of LNG carriers to assist in the international marketing of
the Sultanate’s LNG production. The first contract, worth U.S.
$149 million, was signed with Kawasaki Shipbuilding of Japan
for a 145,000 cubic meters vessel, among the newest and
largest designs now in service. The second was worth U.S.
$150.5 million and was signed with Samsung Heavy Industries of
South Korea for a 147,000 cubic meters vessel, being one of
seven “state of the art” newly designed carriers on order
worldwide. Both ships will be ready by mid-December 2005. In
addition, options were secured for two identical vessels, one
from Samsung and the other from Mitsubishi Heavy Industries.
The signing ceremony was attended by the Secretary General
for National Economy, Secretary-General of the Tender Board,
Under-Secretary (U/S) for Finance, U/S for Commerce and
Industry, U/S for Transport and Communications, U/S for Oil
and Gas, as well as the Japanese and Korean Ambassadors.
Curtis to Co-Host Cocktail Reception for the Securities
Exchange Commission Historical Society June 16,
2003 Curtis and Westchester/Southern Connecticut
Chapter of the American Corporate Counsel Association
(WESFACCA) will co-host a Cocktail Reception for the
Securities and Exchange Commission (SEC) Historical Society to
meet the Hon. Richard C. Breeden, Former Chairman of the SEC,
and Carla L. Rosati, Executive Director of the Securities
Exchange Commission Historical Society. Victor
Zimmermann, Managing Partner of Curtis Stamford, serves as
Regional Coordinator for the Historical Society.
Event to be held on
Monday, June 16, 2003 From 5:00
pm to 7:00 pm
at
Curtis, Mallet-Prevost, Colt &
Mosle LLP Financial Centre Community Room, Street Level
(P2) 695 East Main Street Stamford, CT
06901
R.S.V.P.
Ms. Susan
Dreyer 203.359.6200 sdreyer@cm-p.com
Please click here to view the
invitation
The Hon. Richard C.
Breeden
From 1989 to 1993, the Hon. Richard C. Breeden served as
Chairman of the U.S. Securities and Exchange Commission. In
July of 2002 he was appointed to act as Corporate Monitor of
WorldCom, Inc. on behalf of the U.S. District Court. In
addition to this, he also serves on the board of directors of
BBVA (NYSE), one of Europe’s largest banks, as well as the
boards of two other companies.
The Securities and Exchange
Commission Historical Society
The Securities and Exchange Commission Historical Society,
founded as a non-profit organization in 1999, seeks to make
broadly available an objective understanding of the
distinctive role that the U.S. Securities Exchange Commission
has made to the evolution of American financial markets.
Peter M. Wolrich to Speak on Amicable Dispute Resolution
and Arbitration Under the Rules of the International Chamber
of Commerce - CLE Credits Awarded to All Attendees
June 4, 2003 The Westchester/Southern
Connecticut Chapter of the American Corporate Counsel
Association (WESFACCA) International Law Committee and the
Curtis Stamford Office present:
Foreign Courts Got You
Down?
Amicable Dispute Resolution and
Arbitration Under the Rules of the International Chamber of
Commerce - The new ICC Rules on
ADR experts - Basic arbitration procedure - Controlling
arbitration costs - Drafting arbitration clauses
to be held on
Wednesday, June 4, 2003 From
12:15 pm to 2:15 pm
at
970 Summer Street Stamford, CT
06901
This CLE accredited seminar will be presented by Peter
M. Wolrich, managing partner of Curtis Paris and Chairman
of the Commission on International Arbitration of the
International Chamber of Commerce. For additional information,
please contact R.
Jay Fortin or Remy A.
Rodas.
1.5 Area of Practice Credits will be awarded for attendees
at this program. The WESFACCA is an accredited provider for NY
CLE (financial assistance information available upon request).
For pricing and reservations, please click here.
Curtis Represents Federal Air Transportation
Stabilization Board in US Airways
Restructuring April 1, 2003 On March 31,
2003, US Airways Group, Inc. and its principal operating
subsidiary, US Airways, Inc., emerged from Chapter 11
bankruptcy protection with the help of a loan guarantee from
the Air Transportation Stabilization Board (ATSB), which was
represented by Curtis in the transaction. The ATSB guaranteed
ninety percent of a US$1 billion bankruptcy-exit financing
by Bank of America, N.A., Retirement Systems of Alabama, which
also was the equity sponsor of US Airways’ plan of
reorganization, and Kitty Hawk Funding Corporation, a
commercial paper conduit. As part of the transaction, the ATSB
was issued a warrant representing ten percent of US Airways
Group, Inc.’s equity, which will be publicly traded.
The ATSB was established to provide federal loan guarantees
to support U.S. air carriers that suffered financial losses in
the aftermath of the September 11, 2001 terrorist attacks. The
ATSB, which has statutory authority to issue guarantees on up
to US$10 billion of airline industry debt, is comprised of
designees of the Chairman of the Board of Governors of the
Federal Reserve Bank, the Secretary of the Treasury and the
Secretary of Transportation.
To date, Curtis has represented the ATSB in transactions
with US Airways, Frontier Airlines, America West Airlines,
Aloha Airlines and American Trans Air involving an aggregate
of US$1.7 billion in loans and an equity stake by the ATSB
in each of the borrowers.
The Curtis team is led by Daniel
R. Lenihan, a finance partner in the Firm’s New York
office, with partners Steven
Reisman (bankruptcy and creditors’ rights issues) and Jeffrey
Ostrager (securities matters), and associates Valarie
Hing, Kathryn
Alisbah, Evan
Borenstein, Rekha
Rangam, James DeCristofaro and Kerri DeRuyter.
Curtis Receives Award from UNETE for Pro Bono
Service March 13, 2003 Curtis was presented
with an award in Mexico City during the annual meeting of the
Entrepreneurs Union for Technology in Education (Unión de
Empresarios para la Tecnología en la Educación), better
known by its initials in Spanish as UNETE. The award was given
to Curtis for handling all legal needs associated with this
project of high social impact, on a pro bono basis.
UNETE’s objective is to equip all public schools in Mexico
with new computers, Internet access, satellite education and
educational material, including the training of teachers.
During its three years of operation, UNETE has been able to
fully equip almost 1,200 schools, benefiting nearly half a
million children living in poverty around the country.
On behalf of Curtis, Managing Partner George
Kahale III and Antonio
M. Prida, one of the founders of UNETE and Secretary of
its Board, received the award, which has been placed in our
Mexico City office. The newspaper La Universal covered
the event and included a photograph of the award presentation
by the President of UNETE.
Curtis is Pleased to Announce the Relocation of Curtis
London and its Ongoing Expansion to Support Clients in
International Corporate, Litigation and Arbitration
Matters January 10, 2003 Curtis London is
now located at 53 New Broad Street, in the heart of London’s
financial district.
To expand the range of services offered by Curtis London,
the Firm has established a multinational practice in London
operating as a U.K. limited liability partnership. We are now
providing clients with English law services in addition to the
U.S. and international law services we have historically
offered through the London office.
Curtis London lawyers are experienced in a wide variety of
corporate, commercial and other business matters. With
recently added partners Charles
Buderi (previously based in the Firm’s Mexico City office)
and Tom
Mackay (former legal head of 3i PLC and the London Stock
Exchange), Curtis London has expanded the base of its
expertise into several new areas, including energy, project
finance, infrastructure development, financial services law,
venture capital and representation of entrepreneurs and
financial service advisors.
In addition to serving clients in their respective areas of
expertise, our London partners are poised to offer the
worldwide resources of Curtis’ ten other offices.
The Glaucoma Foundation Notes Curtis Attorneys for
Pro Bono Services Provided
December 13, 2002 At The Glaucoma Foundation’s
recent fundraising “Black, White & Crimson Ball,” Michael
Brown and the Firm were noted in the program for pro
bono work performed for the Foundation. Mr. Brown, Jeffrey
I. Zuckerman, Jeremiah
T. Mulligan and James J. DeCristofaro have provided pro
bono advice for the Foundation in the areas of intellectual
property, employment and corporate law.
The Glaucoma Foundation is a not-for-profit organization
“dedicated to eradicating blindness from glaucoma through
vital research and public education programs worldwide... The
Glaucoma Foundation is spearheading the campaign to uncover
new and improved treatments, and eventual cures for patients
and their families.”
Curtis Attorneys Honored with Special Recognition Award
from the Autism Society of America
December 12, 2002
The Autism Society of America
(ASA) honored David
Hesse with a Special Recognition Award for services
provided to the Society. Over the past year, David
has worked with a team of lawyers including Barry
Kingham, Turner
Smith, Jeffrey
I. Zuckerman, Michael
Brown and Rekha
H. Rangam in providing pro bono advice for ASA in
the area of Not-for-Profit Corporate Governance, Intellectual
Property and Litigation.
The Autism Society of America was founded in 1965 and
currently has grown to over 20,000 members in over 200
chapters across the United States. ASA and its chapters share
a common mission of providing information and education,
supporting research and advocating for programs and services
for the autism population. It has developed into the leading
source of information and referral on autism.
Tom Mackay Appears before a Select Committee of the
House of Commons
November 4, 2002 On October 31st, partner Tom
Mackay of our London office appeared by invitation before
a select committee of the House of Commons looking at UK
Company Law. Mr. Mackay, a former Legal Head of the London
Stock Exchange, provided his insight to the Committee
regarding various issues relating to the draft UK code on
directors’ duties, institutional investors and their role in
ensuring good corporate governance, non-executive directors,
the Sarbanes-Oxley Act and non-audit work by accounting
firms.
Victor L. Zimmermann to Serve as Regional Coordinator
for the Securities and Exchange Commission Historical
Society
November 1, 2002 Managing partner of the
Stamford office, Victor
L. Zimmermann will serve as Regional Coordinator for the
Securities and Exchange Commission (SEC) Historical Society.
The organization, founded as a not-for-profit organization in
1999 by former SEC commissioners and alumni, seeks to make
broadly available an objective understanding of the
distinctive role that the US SEC has played in the evolution
of American financial markets.
The SEC Historical Society is dedicated to recruiting
members who are knowledgeable about the SEC and wish to
contribute to the awareness of its impact on American
financial markets. To inquire about membership or to obtain
more information on the Society, please contact Mr.
Zimmermann.
Victor L. Zimmermann
vzimmermann@cm-p.com
1-203-359-6200
Antonio M. Prida Appointed as Member of the Board of
Directors of the Mexican Chapter of the International Chamber
of Commerce
October 14, 2002 The Firm is pleased to announce
that Antonio
M. Prida, a founding partner of Curtis’ associated firm in
Mexico City, has been appointed as a member of the Board of
Directors of the Mexican Chapter of the International Chamber
of Commerce, for the term beginning October 2002 through
October 2003. Mr. Prida is an active leader and participant in
numerous Mexican legal, business and social organizations.
Marc C. Cozzolino on Internet Investment Advisers and
the SEC
October 7, 2002 Marc C. Cozzolino, an attorney
in the Corporate/International Department, has written an
article entitled “How the SEC’s Proposed Rule May Affect
Internet Investment Advisers,” which has been published in
ESECURITIES, Volume 4, Number 12 of August 2002. Mr.
Cozzolino has focused his practice in the areas of
institutional and retail asset management and has held senior
in-house positions with global asset management organizations.
He has published several articles regarding investment
advisers and investment companies.
Please click here to view the article.
Peter Fleming Jr. and Mark O’Donoghue Named in Who’s
Who Legal
September 27, 2002 The Firm is pleased to learn
that the inaugural 2002 edition of Who’s Who Legal has
named Peter
Fleming Jr. in its Litigation category and Mark
O’Donoghue in its Project Finance category. Who’s Who
Legal presents the foremost legal practitioners who excel
in a particular area of corporate and commercial law as judged
by their peers.
Victor Zimmermann on Hedge Fund Marketing
September 27, 2002 Victor
Zimmermann has written an article entitled “Hedge Fund
Marketing: Pros, Cons and Structuring Agreements with
Third-Party Marketers,” which has been published in
Alternative Investment Quarterly, Third Quarter 2002 issue.
Mr. Zimmermann is the managing partner of the Firm’s Stamford
office. He has broad experience in the investment management
area, representing broker-dealers, investment advisers and
investment partnerships. Mr. Zimmermann is a frequent speaker
at conferences relating to hedge funds and other investment
partnerships and is regularly published in journals in the
financial services industry. Please click here to view the
article.
Steven J. Reisman and Robert W. Dremluk Named as Members
of the Bankruptcy & Corporate Reorganization Committee of
the Association of the Bar of the City of New York
August 13, 2002 The Firm is pleased to announce
that Steven
J. Reisman, a partner in the Firm’s Bankruptcy &
Creditors’ Rights department, and Robert W. Dremluk, counsel
to the Firm’s Bankruptcy and Creditors’ Rights department,
have been appointed to the Bankruptcy & Corporate
Reorganization Committee of the Association of the Bar of the
City of New York. The appointment is a three-year term
commencing September 2002. The Committee addresses legal and
policy issues relating to bankruptcy and corporate
reorganizations. The Committee is one of the most influential
and highly regarded committees addressing bankruptcy and
reorganization matters in the United States.
Peter Fleming Jr. featured in The New York
Times
August 12, 2002 Peter
Fleming Jr., the chairman of the Firm’s Litigation
department, was featured in an article in the Business section
of The New York Times on Sunday, August 11, 2002. The
article, entitled “The Rich Man’s Clarence Darrow,” reviews
some of Mr. Fleming’s recent representations that have been
widely reported in the press, as well as several earlier
high-profile cases handled by him in his illustrious career.
If you are a registered member of The New York
Times on the web, please
click here to view this article. Non-members can register
free of charge before viewing the article.
Curtis, Mallet-Prevost, Colt & Mosle LLP Expands
Milan Office
August 7, 2002 Curtis, Mallet-Prevost, Colt
& Mosle LLP is pleased to announce the expansion of its
affiliate in Milan. The expanded operation is the result of
the combination of two Italian law firms, Alemani &
Bocchiola and Tamburini & Associati, with Curtis,
Mallet-Prevost & Gilioli. The new firm will begin
operations with 20 fee earners. The move is designed to
capitalize on Curtis’ strength as an international law firm
and is an integral part of Curtis’ European strategy. Giuseppe
Alemani and Prof.
Maurizio Bocchiola bring their substantial corporate and
banking practice to the new firm while Prof.
Tamburini and his partner, Fabrizio
Vismara, bring their notable European Union law and
international tax practices.
From its inception in 1998, Curtis Milan, under the
leadership of Enrico
Gilioli and Daniel
Gilioli and with partners Ivan Mazzoleni and Elena
Berlucchi, has been recognized for its expertise in
international transactions. The new firm will continue this
international focus. New York partners Carl
Ruggiero and Eric
Gilioli, who splits his time between the New York and
Milan offices, will continue to coordinate the Italian
Practice Group, which includes attorneys from several of the
Firm’s international offices.
Curtis Milan will formally practice under the name of
Gilioli Alemani Bocchiola Tamburini e Partners in associazione
con Curtis, Mallet-Prevost, Colt & Mosle LLP.
Curtis, Mallet-Prevost, Colt & Mosle LLP Expands
Presence in London; Former Legal Head of London Stock Exchange
and Director of 3i PLC Joins Curtis London
August 7, 2002 Curtis, Mallet-Prevost, Colt
& Mosle LLP announces that Tom
Mackay has joined the Firm as partner in its London
office, where the Firm has formed a new limited liability
partnership to engage in a multinational practice.
“Mr. Mackay will play a key role in strengthening Curtis’
expanding presence in London,” says George
Kahale, III, Curtis’ Managing Partner. “His strength in
venture capital and financial services complements the Firm’s
extensive involvement in international financings, including
private equity, structured and project finance.”
Mr. Mackay has over twenty-five years of experience in
venture capital and financial services law. He has represented
a diverse range of clients, including: accountants, brokers,
corporate advisers, entrepreneurs, overseas businesses and
smaller investing institutions. Mr. Mackay specializes in
raising capital from business angels, venture capital
organizations, OFEX, AIM and Official List. He also has
experience acting for institutions and management teams, as
well as advising on the implications of the Financial Services
and Markets Act 2000 (FiSMA). Mr. Mackay has written numerous
technical bulletins on venture capital topics and has lectured
on the Stock Exchange. He is qualified to practice in England
and Scotland.
Recently, Curtis partner Charles
Buderi joined Curtis’ London office. He was previously
resident partner in the Firm’s Mexico City office, and now
will head up Curtis’ expanded London operation.
Curtis, Mallet-Prevost, Colt & Mosle LLP Fortifies
Litigation Department With Promotion of Two Counsel to
Partnership
August 7, 2002 Curtis, Mallet-Prevost, Colt
& Mosle LLP announces that Nancy
E. Delaney and Michael
J. Moscato have become partners of the Firm’s Litigation
department, in its New York office.
”Ms. Delaney and Mr. Moscato have been integral members of
our Litigation department for several years as counsel. Their
talent and dedication made them natural candidates for
partnership during this time of exceptional growth in the
Firm’s litigation practice,” said George
Kahale, III, Curtis’ Managing Partner.
Ms. Delaney’s broad experience in civil litigation includes
securities, commercial, trust and taxation matters at both the
trial and appellate levels. She also has experience in
international commercial arbitration, having acted as counsel
for state-owned entities and international organizations, as
well as publicly and privately held companies in AAA and
UNCITRAL arbitrations.
Mr. Moscato represents clients in a wide range of matters
including: business/commercial issues, contracts, civil RICO,
environmental, products liability, professional liability,
securities and tort. He is a member of the Litigation
department’s strong accountants’ liability and securities
class action defense practice group. Prior to joining the
Firm, Mr. Moscato was a senior staff attorney at the Legal Aid
Society, Criminal Defense Division.
Curtis, Mallet-Prevost, Colt & Mosle LLP Adds
Corporate Partner, Entertainment and Advertising Law
Capability to International Corporate Department
July 29, 2002
Curtis, Mallet-Prevost, Colt &
Mosle LLP announces that Andrew H.
Seiden, a former associate of the Firm, has become a
partner in the Firm’s International Corporate Department in
its New York office.
“We are pleased to welcome Andy back to the Firm,” said George
Kahale, III, Curtis’ managing partner. “He is an
accomplished international corporate lawyer and adds a new
dimension with his recent emphasis on entertainment, media and
advertising matters.”
Mr. Seiden has extensive experience in the structuring,
negotiation and documentation of complex commercial and
acquisition transactions, as well as in entertainment and
technology licensing, development and distribution. He has
represented clients in diverse industries, including:
entertainment, media, advertising, computer software,
electronic games, digital technology, hotels, consumer product
manufacturing and distribution, industrial equipment
manufacturing, real estate and insurance brokerage, energy and
commodities.
Before rejoining Curtis, Mr. Seiden was Of Counsel to Loeb
& Loeb LLP, Los Angeles, California. Prior to that, he
served as Vice President, Business & Legal Affairs for the
Walt Disney Feature Animation Group and General Counsel for
Big Top Productions, a developer and publisher of electronic
games.
Mr. Seiden received his J.D. from the University of
California, Boalt Hall School of Law, and a Bachelors degree
in Industrial & Labor Relations from Cornell University.
He is admitted to the Bars of the States of California and New
York.
Joel S. Forman Named as Member of the Securities
Regulation Committee of The Association of the Bar of the City
of New York
July 22, 2002 The Firm is pleased to announce
that Joel
S. Forman, a partner in the Firm’s Litigation Department,
has been appointed to the Securities Regulation Committee of
The Association of the Bar of the City of New York. Mr.
Forman’s appointment for a three-year term commences September
2002. The Committee addresses legal and policy issues
pertaining to securities laws and regulations.
Peter M. Wolrich Named in Euromoney’s Experts in
Commercial Arbitration
June 15, 2002
The Firm is pleased to announce
that the 2002 edition of Euromoney has named Peter
Wolrich, Managing Partner of the Paris office, in its
Experts in Commercial Arbitration section. To view his listing
on the Euromoney website, please click here.
Curtis, Mallet-Prevost, Colt & Mosle LLP S.C.
Invited to Participate as Legal Advisor to Ambitious E-Mexico
Project
May 28, 2002 Curtis, Mallet-Prevost, Colt &
Mosle LLP S.C. (“Curtis Mexico”) was invited by Mexico’s
Under-Minister of Communications, Jorge Alvarez Hoth, to
participate as legal advisor in the committee of experts
established to design and implement the ambitious E-Mexico
project. The E-Mexico project attempts to link all Mexican
territories by placing computers with Internet access in
public sites throughout the country. The project utilizes the
computer infrastructure of 1,000 Mexican public schools fully
equipped by the Unión de Empresarios por la Tecnología en la
Educación (UNETE), a non-profit entrepreneurial organization
in which Curtis Mexico is also involved. Partners Antonio
Prida and Javier
Jiménez represented Curtis Mexico in this endeavor.
Antonio Prida is a founding member of the UNETE Board.
For more information on UNETE, please click here http://www.uneteya.org/to
view their website.
Peter M. Wolrich Named as Member of Editorial Board of
the ICC International Court of Arbitration Bulletin
May 22, 2002 The Firm is pleased to announce
that Peter
M. Wolrich, Managing Partner of our Paris office, has
joined the Editorial Board of the ICC International Court of
Arbitration Bulletin. The Board is comprised of eight members,
including the President of the ICC International Court of
Arbitration, the Secretary General of the Court, and several
internationally eminent arbitration practitioners. Mr. Wolrich
also currently serves as the Chairman of the ICC’s Commission
on International Arbitration.
Victor Zimmermann on Hedge Fund Investing
May 20, 2002 Victor
L. Zimmermann has written an article entitled
“Hedge-Linked Notes as a Means to Hedge Fund Investing: Does
it Justify the Hype,” which has been published in
Alternative Investment Quarterly, Second Quarter 2002
issue. Mr. Zimmermann is the managing partner of the Firm’s
Stamford office. He has broad experience in the investment
management area, representing broker-dealers, investment
advisers and investment partnerships. Mr. Zimmermann is a
frequent speaker at conferences relating to hedge funds and
other investment partnerships and is regularly published in
journals in the financial services industry. Please click here to view the
article.
Curtis Represents Federal Air Transportation
Stabilization Board
March 4, 2002 On September 22, 2001, President
Bush signed into law the Air Transportation Safety and System
Stabilization Act establishing the Air Transportation
Stabilization Board (ATSB) to provide direct financial support
and issue federal loan guarantees to U.S. air carriers which
suffered financial loss in the aftermath of the 9/11 terrorist
attacks. In January 2002, Curtis was awarded the contract to
represent the ATSB in the implementation of its loan guarantee
program.
America West Airlines, advised by Salomon Smith Barney,
became the first air carrier to apply for a federal loan
guarantee from the ATSB, which was the centerpiece of a
broad-ranging restructuring of America West’s finances and
operating costs. The transaction closed on January 18, 2002.
The ATSB guarantee covers 88.5% of principal and interest
under a US$429 million, 7-year loan from Citibank, N.A. In
addition to annual guarantee fees, the ATSB received at
closing a warrant representing one third of the common stock
of America West’s publicly held parent, America West Holdings
Corporation. As a condition to the federal guarantee, America
West obtained additional financing, financial assistance and
concessions from certain of its aircraft lessors, aircraft
suppliers and other vendors totaling US$600 million.
Lessors were compensated for lower aircraft lease rates
through the issuance by America West Holdings of a new
convertible debenture.
The ATSB has statutory authority to issue guarantees on up
to US$10 billion of airline industry debt. Designees of the
Chairman of the Federal Reserve Board, the Secretary of the
Treasury and the Secretary of Transportation comprise the
voting members of the ATSB.
Led by Daniel
R. Lenihan, a finance partner in the Firm’s New York
office, the Curtis team on the America West transaction
included partners Jeffrey
Ostrager (securities matters), Jay
Fortin (aircraft finance matters) and Steven
Reisman (creditors’ rights issues), and associates Valarie
Hing, Evan
Borenstein, Alexia Garamfalvi and Christine Woodhouse.
Mr. Lenihan will be addressing the Aircraft Finance
Subcommittee at the April 5th meeting in Boston of the ABA’s
Business Law Section on the subject of the Firm’s
representation of the Board. The Firm also represents the
federal Emergency Steel Loan Guarantee Board in connection
with its loan guarantee program.
The Firm Expands Bankruptcy Practice with New Counsel
Robert W. Dremluk
February 11, 2002 The Firm is pleased to
announce that Robert W. Dremluk has joined our Bankruptcy
& Creditors’ Rights Department.
“We feel fortunate to bring such a highly experienced
practitioner as Mr. Dremluk to our bankruptcy team at a time
when this area of our practice is rapidly expanding,” said George
Kahale, III, Curtis’ Managing Partner.
Mr. Dremluk has more than 20 years of experience in
bankruptcy and creditors’ rights matters. He has represented
chapter 11 debtors, secured lenders, trade creditors,
bondholders, shopping center developers, limited partners,
indenture trustees, equipment lessors, assets purchasers, plan
proponents, trustees, and other interested parties in all
aspects of bankruptcy cases, both domestically and
internationally.
He currently serves as Chair for the Multinational
Reorganization and Insolvencies Committee, International Law
Section, New York State Bar Association and is a member of the
American Bankruptcy Institute. He has presented seminars for a
variety of organizations including the New York State Bar
Association and the New York State Society of Certified Public
Accountants. Before joining Curtis, Mr. Dremluk practiced
privately after having been a partner Eaton & Van Winkle,
where he headed the Firm’s bankruptcy group. He trained at
Levin & Weintraub and Whitman Ransom.
The Firm Welcomes Two New Partners: Joel S. Forman
and R. Jay Fortin
February 5, 2002 The Firm is pleased to announce
that Joel
S. Forman and R.
Jay Fortin have joined our Litigation and International
Corporate departments, respectively.
“We are extremely pleased to augment the Firm’s active
project finance and securities litigation practices with the
addition of these two new partners,” said George
Kahale, III, Curtis’ Managing Partner. “The steady growth
of our practice, despite slowness in the overall economy, has
allowed us to continue with our expansion plans both in the
United States and Europe.”
Mr.
Forman has more than 25 years of litigation experience in
securities defense, regulatory and broker-dealer matters in
federal and state courts, and in arbitrations and
administrative hearings. Mr. Forman represents investment
banks and financial institutions, and their supervisory
personnel and employees, in investigations conducted by the
SEC, New York Stock Exchange, American Stock Exchange, NASD,
other self-regulatory organizations and state securities
departments. Representative issues Mr. Forman has handled
include: retail trading, supervision, clearing and
correspondent relationships, prime brokerage, municipal
securities, mutual funds, money laundering, insurance
coverage, international compliance, investment adviser
trading, discount brokerage, stock transfer and account
interpleader disputes.
Mr.
Fortin has more than 15 years of experience in project
finance, asset-based lending, structured finance, cross-border
joint ventures and privatizations. He is a frequent speaker on
privatizations and cross-border investment issues at
international conferences. Mr. Fortin represents foreign and
domestic utilities, independent power developers, aircraft
lessors and airlines, arrangers, banks and other financial
institutions in domestic and cross-border power and other
infrastructure projects, aircraft leasing and financing,
asset-based lending, securitizations and other structured
financing transactions, joint ventures and privatizations.
El Mundo del Abogado Magazine Covers Curtis
Mexico’s 10th Year Anniversary
February 5, 2002 Curtis, Mallet-Prevost, Colt
& Mosle LLP, S.C. (the associated firm of Curtis,
Mallet-Prevost, Colt & Mosle LLP in Mexico City) is
highlighted in the February 2002 issue of El Mundo del
Abogado, a leading Mexican legal publication. The magazine
interviews George
Kahale, III, Managing Partner of the Firm, and Antonio
Prida, a founding partner of Curtis Mexico, on the
occasion of Curtis Mexico’s tenth anniversary.
Antonio Prida Invites Young Lawyers to Attend the AIJA
Seminar on Human Rights and Business Law
February 4, 2002 The Association Internationale
des Jeunes Avocats (AIJA) is sponsoring a seminar on human
rights and business law, which will take place in Mexico City,
February 21-24, 2002. Antonio
M. Prida, a partner of Curtis’s associated firm in Mexico,
is the Presidential Delegate of the AIJA in Mexico and a
member of the event’s Organizing Committee. Mr. Prida has
issued an invitation to young lawyers to attend the seminar.
Please click here to view the
invitation. Please click here to view the event
programme.
Peter M. Wolrich Assumes Position as Chairman of the
ICC’s Commission on International Arbitration
January 14, 2002 Curtis is pleased to announce
that partner Peter
M. Wolrich has assumed the role of Chairman of the
Commission on International Arbitration of the International
Chamber of Commerce (ICC). Mr. Wolrich will serve in this
prestigious position for a three-year term, while continuing
to be the Managing Partner of the Firm’s Paris office.
The ICC, a leading international business organization, is
highly regarded as a pioneer of international commercial
arbitration, having established the International Court of
Arbitration in 1923. As the new Chairman of the Commission on
International Arbitration, Mr. Wolrich will have a
policy-making role in the ICC’s involvement in international
dispute resolution and arbitration and will be called upon to
lecture at a wide variety of forums.
Previous to this appointment, Mr. Wolrich has been a key
contributing member of the Commission. Since March 1999, he
has chaired the Commission’s Working Party on ICC ADR
Services. The Working Party recently drafted the new ICC ADR
Rules, which entered into force on July 1, 2001, along with a
guide to the new rules.
Mr. Wolrich has had extensive experience in international
arbitration since he joined the Firm in 1973. He has acted in
ICC, ICSID, LCIA and ad hoc arbitrations, serving as
Chairman of Arbitral Tribunals, Sole Arbitrator,
Co-Arbitrator, and Counsel for claimants and respondents. He
is also a CEDR Accredited Mediator.
For more details on his career and practice, please click
here for Mr. Wolrich’s Firm biography.
The Italian Province of Brescia Organizes a Concert
Dedicated to the Victims of September 11
November 11, 2001 Elena
Berlucchi, a partner of Curtis, Mallet-Prevost &
Gilioli, and Alberto Cavalli, the President of the Province of
Brescia, organized a concert dedicated to the victims of the
New York and Washington disasters. The event took place in the
Church of San Lorenzo in Brescia. Among the almost 1,000
attendees were most of the city’s civic and military
authorities.
After a brief welcoming speech, during which Mr. Cavalli
referred to the United States as the emblem of freedom and
democracy with which the Italian people proudly identify, he
asked for a commemorative minute of silence that was somberly
observed by the audience.
The concert was followed by a standing ovation and five
minutes of applause. Particularly touching and intense was the
performance of Pergolesi’s “Stabat Mater,” whose tragic and
sad themes best expressed the solemn tone of the night.
Miguel I. Estrada Sámano, the UIA’s Immediate Past
President, Rejoins the Firm in Mexico City
October 31, 2001 After serving as President of
the Union Internationale des Avocats (UIA), the eldest world
association of the legal profession, Miguel
I. Estrada Sámano will again be devoting himself to the
practice of law as international counsel to the Firm and to
Curtis, Mallet-Prevost, Colt & Mosle LLP, S.C., the
associated firm of Curtis, Mallet-Prevost, Colt & Mosle
LLP in Mexico, which is celebrating its 10th anniversary.
Mark Barth and Marco Blanco on US Regulatory and Tax
Considerations for Offshore Funds
October 24, 2001 Mark H. Barth and Marco
Blanco have written an article on US regulatory and tax
considerations for offshore funds, which has been published in
The Capital Guide To Offshore Funds 2001, pp. 15-61
(ISI Publications, sponsored by Citco, eds. Sarah Barham and
Ian Hallsworth) 2001. Mr. Blanco is a partner in the Firm’s
Tax department. Please click here to view the
article.
Remy A. Rodas Joins Curtis as Counsel in Stamford
Office
July 26, 2001 Curtis, Mallet-Prevost, Colt &
Mosle LLP announces that Remy A.
Rodas has joined the Firm as counsel in its Stamford, CT
office. Rodas, formerly a partner at Ivey, Barnum &
O’Mara, LLC, is focused on business transactions and serving
as lead counsel to corporations and high-net worth
individuals.
Rodas has represented and advised companies in the conduct
of their day-to-day legal and business matters, as well as in
the planning, structuring, management, negotiation, drafting
and closing of their key business deals. He has also
represented several executive groups and institutions in
mergers and acquisitions, joint ventures and financing
activities. Prior to his tenure with law firms, Rodas began
his career as an attorney and vice president at Merrill Lynch
& Co., Inc in New York City, participating in the
organization’s entry into several markets including: Hong Kong
investment banking, U.S. banking, real estate brokerage and
securities clearing.
“With his 20 years of experience in transactional and
corporate matters and over 15 years of practice based in
Connecticut, Remy Rodas will contribute greatly to Curtis’s
expanding presence in Connecticut,” said George
Kahale III, Managing Partner of the Firm. “We are
extremely pleased to have him on board.”
Victor
Zimmermann, Managing Partner of the Stamford office,
added, “Remy’s outstanding practice in many areas of corporate
law to businesses headquartered in the region, particularly in
the transportation, e-Commerce, financial services, and
manufacturing sectors, was a perfect match with our office
mission to provide a full spectrum of sophisticated legal
services to businesses with a need for local and worldwide
resources from an established, international law firm.”
Mr. Rodas received his J.D. from Catholic University of
America and also holds a B.S.F.S. from Georgetown University’s
School of Foreign Service, where he was a member of Phi
Alpha Theta. He holds both New York and Connecticut bar
memberships.
Victor Zimmermann Chairs Forum on “Effectively
Administering Hedge Fund of Funds”
May 24, 2001 On May 31st, 2001, Victor
L. Zimmermann of the Firm’s Stamford office will be a
featured speaker and will serve as Chairman of the Institute
for International Research’s National Forum on “Effectively
Administering Hedge Fund Of Funds.” The forum will be held at
the Regency Hotel, New York City, from 8:30 a.m. until 4:30
p.m.
ICC Commission on International Arbitration
November 24, 2000 Peter
M. Wolrich, Managing Partner of the Firm’s Paris office
and Chairman of the International Chamber of Commerce’s
Working Party on ADR (Alternative Dispute Resolution),
presented to the ICC Commission on International Arbitration
an interim report outlining proposed directions for extended
involvement of the ICC in the area of alternative dispute
resolution services. The Working Party on ADR is the only
active working party of the Commission at the moment. It is in
the process of developing a set of rules governing ADR
proceedings, plus a set of guidelines designed to inform
parties of the options that would be open to them under the
new rules. In general, the Working Party is charged with
reviewing ADR services and making recommendations on the
following matters: the drafting of new ADR rules; the drafting
of model ADR clauses that parties could insert into contracts;
and the drafting of a set of guidelines to explain the nature
and use of the new ADR rules and model clauses. The proposals
will be circulated to the ICC national committees prior to
being submitted in revised form to the Commission on November
30, 2000.
The Working Party is composed of distinguished jurists from
all over the world. Mr. Wolrich has been appointed a U.S.
delegate on the ICC Commission on International Arbitration
for several years and was most recently appointed Chairman of
the Working Party by the Commission.
Jerrold A. Siskin Brings a New Practice Area --
Immigration and Nationality Law
November 25, 1999 Jerrold
A. Siskin, who joined in November 22, 1999, brings with
him a new practice area -- Immigration and Nationality
Law. He represents corporations and individual clients
seeking benefits from the U.S. Immigration and Naturalization
Service on behalf of foreign nationals. Clients include
financial institutions, software development companies,
manufacturing companies, as well as individuals of
distinguished merit and ability seeking residence in the U.S.
Typical services involve: a) nonimmigrant visa petitions and
applications in categories such as Specialty Occupations,
Intracompany Transferees, Treaty Traders and Investors,
Students, Exchange Visitors, and Media Professionals, b)
immigrant visa petitions and applications such as Alien
Employment Certifications, Immigrant Visa Petitions,
Applications for Adjustment of Status and Visa Processing
abroad, as well as c) U.S. citizenship issues. Mr. Siskin can
be contacted at the Stamford office.
Managing Partner George Kahale’s Article Cited Twice in
Judges Decision
November 19, 1999 Managing Partner George
Kahale’s article State Loan Transactions: Foreign Law
Restrictions on Waivers of Immunity and Submissions to
Jurisdiction, 37 Bus. Law. 1549, 1561 n.70 (1982) was
cited twice in Judge Kravitch’s decision in Aquamar S.A.;
v. Del Monte Fresh Produce N.A., Inc., 179 F.3d 1279;
1999 U.S. App. LEXIS 14654; 12 Fla. Law W. Fed. C 1002 (1999)
to support the proposition that courts should not look to a
foreign sovereign’s local law to determine the authority of an
agent who purports to waive sovereign immunity. The practice,
were it permitted, would allow foreign sovereigns and the
parties involved in litigation to raise immunity following
litigation on the merits.
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