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Highlights Brochure 2010 - Patterson Belknap Webb & Tyler LLP

Highlights Brochure 2010 - Patterson Belknap Webb & Tyler LLP

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HIGHLIGHTS


to our clients & friends

March 2010

Over the last year, Patterson Belknap attorneys worked closely with

our clients to help them meet their business goals and objectives, from

protecting intellectual property rights to devising effective strategies for

the future. In fact, we've launched 2010 with the largest settlement of any

patent infringement case in U.S. history: following more than a decade

of highly-publicized coronary stent patent litigation, we secured for Cordis,

Johnson & Johnson's cardiac device unit, a $1.725 billion settlement

from competitor Boston Scientific. Combined, Patterson Belknap has

obtained over $3.6 billion for Cordis in these matters.

Recently, we have been recognized with several honors and awards from

leading industry publications, many of them based on input from our

clients and peers. We continue to be proud of our leading pro bono

program, which provides critically needed legal assistance to society's

most disadvantaged populations.

We continue to invest in our people, our most valuable resource, through

the promotion and lateral hiring of outstanding new partners and counsel

to support our carefully managed growth. We also believe that our

strong ranking in associate satisfaction demonstrates our commitment

to maintaining the best possible workplace.

The following pages outline some of the specifics of our 2009 recognitions

and achievements. This year, we plan to build on these strengths and to

continue to provide the highest level of client service to those who

entrust us with their most important matters.

Sincerely,

Robert P. LoBue

Managing Partner


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Law360 IP Firm of the Year. Patterson Belknap was selected as one of six firms nationally

to receive Law360's IP Firms of the Year award. This recognition is attributed in large part

to the "strength of (our) representation" in major medical device litigation, which is just

part of the firm's wide-ranging patent litigation practice. The firm's trademark and false

advertising practices, both of which had much success in 2009, were also noted.

Specifically, Law360 cited the firm's successful defense of Coca-Cola's marketing of its

Powerade ION4 sports drink.

Euromoney/Institutional Investor's Benchmark: Litigation Ranking. For the second

year in a row, the firm was ranked in Benchmark Litigation's top category, "Highly

Recommended" for New York. Partners Greg Diskant, Erik Haas, Jeff Lewis, Bob LoBue,

Saul Shapiro, Peter Tomlinson, Steve Younger and Steve Zalesin were all listed as "Local

Litigation Stars."

The firm was also listed in Benchmark's national rankings for Intellectual Property.

Greg Diskant and Jeff Lewis were also listed as National Stars for Intellectual Property.

World Leaders International IP Awards. In December 2009, Patterson Belknap received

IP World's World Leaders International IP Award for the top Trademark Litigation practice

in North America. The firm was also short-listed as having one of the top Patent Litigation

practices and one of the top Entertainment & Media Law practices in North America. IP World,

which presented the Award at a ceremony in London, is the publisher of the prestigious

industry publications Trademark World, Patent World and Copyright World.

National Law Journal's Midsize Hot List. Patterson Belknap was included among

firms that the National Law Journal considers to have "the nimbleness and adaptability

that come from lean operations and strong client ties." The listing highlights the firm's

foresight in creating what is now the Mortgage and Credit Crisis team which has played

a leading role representing monoline insurers in some of the most significant litigation to

arise from the financial crisis. Recently, we have secured a number of favorable decisions

in these matters.

2009 firm awards

The National Law Journal also identified Patterson Belknap as "a major player in defending

law firms against complex liability claims." Noted were our Law Firm Defense team's

recent successes on behalf of a major law firm against allegations that the firm had

breached a noncompete agreement and a partner of a national law firm against allegations

that he had conspired in the theft of a $10 million investment he had been hired to recover.

Best Lawyers in America ® . For the third consecutive year, Patterson Belknap's

Personal Planning Group has been ranked #1 for Trusts and Estates in New York City and

New York State by Best Lawyers in America ® .


Chambers. Chambers USA again named several firm practice areas and partners as law

firm leaders in 2009. The prestigious publication bases its rankings on extensive research

and interviews with peers and clients around the country.

Our Patent Litigation team was noted for "its expertise in the pharmaceutical field, and

is well versed in matters related to medical devices." Chambers specifically highlighted

the firm's two substantial judgments in coronary stent device litigation. Firm partners

Greg Diskant and Jeff Lewis were recognized as leaders in the patent field.

The firm's expertise in Trademark and Copyright Litigation was also recognized;

specifically Chambers noted the firm's "broad-based caseload, (which) includes such

highlights as defending Dow Jones' franchise in index-based derivatives trading." Firm

partner Bob LoBue was named a leading attorney in this field. The Copyright Litigation

group is noted for "handling an increasing number of cases involving the authenticity of

works of art."

Patterson Belknap's False Advertising group was once again named one of the top teams

in New York. Chambers quotes a client describing the practice as providing "a dedicated

approach, smart, supportive associates and the quality you'd expect from a larger law

firm." The guide notes that the firm has a "client base that includes Coca-Cola, Diageo,

L'Oréal and Time Warner Cable." Partner Steve Zalesin was recognized as a top attorney

in Advertising Litigation.

Chambers continues to recognize the firm's Media and Entertainment Litigation practice.

"(The firm's) work spans across all areas of the entertainment industry, and litigation

clients include Harper Collins, McGraw-Hill and Time Warner Cable." Partner Saul Shapiro

was again named a leader in the field.

chambers

Our Real Estate department was again recognized for its leasing capabilities. Chambers

noted that the firm's "considerable expertise in advising landlords and tenants on office

leasing has attracted a fine collection of household names to the group." In November 2009,

the group represented a major law firm in what was then the largest midtown office lease

of the year.

In addition, Of Counsel Karl Seib was once again ranked nationally as a leading Products

Liability attorney.

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Legal Aid Society's Pro Bono Publico Award. The Legal Aid

Society's 2009 Pro Bono Publico and Public Service Law Firm Award

recognizes the outstanding commitment of major New York City law

firms to provide access to justice to low-income children, families and

individuals. As the 2009 recipient, Patterson Belknap was honored for its

exceptional pro bono commitment to The Legal Aid Society and its clients.

The firm has expanded its pro bono commitment by serving as co-counsel

on four major class action reform cases in the areas of subsidized

housing for low-income tenants, public assistance benefits for low-income

families, health and safety concerns of children in residential treatment

centers and mental health issues of children in foster care.

pro bono

The American Lawyer's Pro Bono Survey. Patterson Belknap

continues to be ranked in the top 10 of this annual survey. We have

been in the top 10 since the list's inception in 1999. In 2009, for the

sixth consecutive year, 100% of the firm's attorneys participated in

pro bono projects.

"Urban Angel" Award. Patterson Belknap was honored in 2009

with the New York Theological Seminary's "Urban Angel" Award for

our pro bono work in urban areas. This award is presented annually

in recognition of significant contributions to the health and vitality of

urban communities worldwide.

firm life

The American Lawyer's National 2009 Midlevel Associate Survey.

In a survey of nearly 7,300 midlevel associates at 180 participating firms,

Patterson Belknap ranked #1 among New York City-based firms and

#3 nationally. The annual survey is based on several factors, including

work satisfaction, benefits and compensation, associate/partner

relationships, training and guidance, the firm's pro bono approach, and

the likelihood of the associate remaining at the firm in two years.

Vault. Patterson Belknap ranked in the top 100 law firms in one of the

country's most prestigious rankings for law students. The ranking is

based on surveys of 15,000+ associates who rank the prestige of their

peer firms.


New Partners and Counsel. Building on the firm's success over the last year, we have

added several talented partners and counsel and most recently named three firm attorneys

to the partnership as of January 1, 2010.

new partners & counsel

new partners & counsel

Geoffrey Potter, Litigation Partner, March 2009. Geoff heads the firm's Anti-Counterfeiting

Law Practice Team, litigating counterfeiting and product diversion cases. He also litigates

complex commercial cases and handles internal investigations.

Daniel C. Glazer, Intellectual Property Transactions Counsel, May 2009. Dan's practice

encompasses all aspects of intellectual property and technology law and corporate transactions.

He also co-founded the firm's Sports Law Group.

Tomer J. Inbar, Tax-Exempt Organizations Partner, June 2009. Tomer advises public

charities, private foundations, colleges and universities, pension funds, museums and

cultural organizations and other 501(c) organizations.

Michael F. Buchanan, Intellectual Property and White Collar Litigation Partner,

September 2009. A former Assistant U.S. Attorney for the District of New Jersey, Mike's

practice focuses on high-stakes intellectual property litigation, particularly pharmaceutical

industry patent disputes, as well as white collar and investigations matters.

Joshua A. Goldberg, White Collar Litigation Counsel, September 2009. Josh is a former

Assistant U.S. Attorney for the Southern District of New York, focusing his practice on

white collar defense, securities fraud and internal investigations.

Michael S. Arlein, Personal Planning Partner, January 2010. Mike's practice focuses on

estate and tax planning for individuals and families, owners of private businesses and corporate

and financial services executives. His work includes estate and trust administration, all

aspects of Surrogate's Court practice, and planning for charitable giving and philanthropy.

Adeel A. Mangi, Litigation Partner, January 2010. Adeel concentrates in complex

commercial disputes, including false advertising, pharmaceutical pricing and False Claims

Act matters, intellectual property litigation, class action defense and employment litigation.

He is also a British Barrister at Law.

Chad J. Peterman, Patent Litigation Partner, January 2010. Chad focuses his practice on

patent and antitrust litigation with an emphasis on the electrical and pharmaceutical arts.

He represents clients in complex ANDA litigations, antitrust litigations and mediations.

He also represents clients in intellectual property transactional matters.

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The preceding pages describe some of our achievements in the areas of Intellectual

Property (Patent, False Advertising, Trademark and Copyright), Media, Law Firm Defense

and Mortgage and Credit Crisis Litigation. In other practice areas, as illustrated below,

firm attorneys worked with clients to achieve great results in a variety of matters.

Anti-Counterfeiting. Our Anti-Counterfeiting practice continued to be active, providing

representation to companies in a broad range of industries. For a medical device

manufacturer, we won judgments totaling more than $100 million against 36 individuals

and businesses selling counterfeits. For another client, we collected from counterfeiters

millions of dollars in settlements. Based on the evidence we developed in a civil case,

federal prosecutors in New York and state prosecutors in New Jersey secured guilty pleas

from 11 individuals, six of which are facing sentences of up to 10 years. For other clients,

we provided advice on how to better secure their products against counterfeiting.

Art and Museum Law. Patterson Belknap's Art and Museum practice continues to offer

sophisticated and focused services to art market participants, museums and other cultural

institutions. The group was called on in 2009 to guide museum and foundation clients

through endowment and governance issues, specifically relating to the challenging economic

environment. In addition, the group has served as counsel on major commissions of public

art, including a significant piece for a building in Germany and a piece to be installed at a

U.S. airport. The group has also represented numerous galleries and collectors in both

transactions and disputes. In one recent assignment, we represented a private collector

in connection with an exhibition of her collection at a major European museum.

Business Reorganization and Creditors' Rights. The firm's Business Reorganization

and Creditors' Rights Group worked with clients to navigate a demanding business

environment. The team's diverse international practice spans a broad range of industries.

For example, we have been retained to represent the largest private bank in Brazil in the

U.S. bankruptcy case of a Brazilian company. The firm successfully challenged the

Debtors' attempt to enjoin the client from proceeding against third-party guarantors in the

U.S. The group also represents an Indian company in acquiring a Dutch manufacturer from

a U.S. company in Chapter 11 in Delaware. And the group continues to represent domestic

and international clients with claims resulting from the collapse of Lehman Brothers.

The group is also representing the Official Committee of Unsecured Creditors in the

bankruptcy of a publicly held real estate company that developed and invested in

multi-family properties in various states.

achievements & results

achievements & results


Cross Border Transactions. Among other corporate deals in 2009, our Cross Border

Transactions Team successfully completed a $450 million senior secured note offering for

our client, a leading broadband capacity provider and retail cable operator in the Caribbean

and Central America. The transaction represented one of the largest initial debt offerings

by an emerging market company. A highly complex transaction, the deal required the

coordination of legal teams in multiple jurisdictions throughout the Caribbean on an

expedited timeframe. In addition, in 2009 our Cross Border attorneys provided counsel on

transactions in a multitude of other jurisdictions.

achievements & results

achievements & results

Employee Benefits and Executive Compensation. In 2009, Patterson Belknap's

Employee Benefits and Executive Compensation Group advised a large pension and welfare

fund to ensure proposed health reform legislation did not inadvertently harm employers of the

fund. The group also provided guidance and innovative solutions to a fund's large multiple

employer plan in light of tighter funding rules under the Pension Protection Act as well as

the challenging economic environment of 2009, and assisted other clients in assessing

and implementing new funding-based restrictions on plan distributions required by law.

The group worked with several clients in reviews and substantial redesigns of their benefit

plans and arrangements, including redesigns in light of new economic conditions, as well

as redesigns necessitated by the complex coverage and nondiscrimination rules that apply

to qualified pension plans. The Benefits Group also worked with numerous tax-exempt

organizations to see that they were in compliance with new retirement regulations issued

by the IRS that were first effective in 2009. We kept our clients up-to-date on the latest

laws through regular seminars, alerts, speaking engagements and articles on topics such

as the continuing hot button issue of plan fee disclosures.

Employment. Our Employment Law attorneys continued to litigate employment cases on

behalf of employers and to advise clients ranging from major corporations to not-for-profit

organizations on a wide range of employment law issues. A key litigation accomplishment

was the Second Circuit's affirmance of summary judgment for our client in a putative

nationwide ERISA class action in which the plaintiff claimed that she and thousands of

other employees had not received benefits due to them. On the counseling side, we worked

closely with our clients on issues related to economically-necessitated reductions in force,

such as potential discrimination, WARN Act, and employee misclassification claims,

which were resolved without resulting litigation. We also assisted clients on sensitive

issues including the transition of CEOs and other senior management members from their

roles, whistleblower complaints and employee theft.

Intellectual Property Transactions. Our Intellectual Property Transactions Group

assisted clients including media companies, colleges and universities and financial industry

entities throughout 2009. We counseled several not-for-profit and university publishers

and copyright owners about the consequences of the Google Book Settlement in order to

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help them decide whether to participate in or opt out of it. We also advised a client in the

launch of an interactive social media website that achieved the top 10 most-watched list

on Ustream.tv. In addition, we represented a securities industry organization in a

complex technology services arrangement. In May 2009, our team welcomed Dan Glazer,

a widely recognized practitioner with over 10 years of experience handling IP licensing,

technology services arrangements and the IP aspects of domestic and cross border

corporate transactions.

M&A/Private Equity and Venture Capital. The economic climate of 2009 and early

2010 presented our M&A and Corporate Finance practices with a number of opportunities

to assist our clients in managing through, and in many cases prospering, in the difficult

environment. We represented several of our Private Equity and Venture Capital clients

in their investments in both their existing portfolio companies and in new opportunities.

For a major publishing client, we advised on both divestitures of under-performing units

and strategic acquisitions. For corporate and individual clients, as collateral values and

earnings performance deteriorated, we assisted in renegotiating hundreds of millions

of dollars in both senior and mezzanine debt. We advised several clients in both their

public offerings and Rule 144A/Reg S private capital raises. We represented a leading

electronics company in a divestiture of one of its major business units. And for a start-up

venture attempting to raise venture capital funding in what is arguably the most difficult

financing environment in decades, we closed two rounds of equity financings, the second

of which assumed a $90 million pre-money valuation of our start-up client.

Personal Planning. As previously noted, for the third year in a row, Best Lawyers ®

ranked our Personal Planning Group #1 in New York City and New York State, selecting

several of our partners for recognition. Our attorneys have been working closely with

clients to handle effectively the current uncertainty surrounding the recent important

changes to the estate, gift and generation-skipping transfer tax regime, and have provided

high-profile press commentary on these issues. On the litigation side, in 2009 we

achieved a critical victory for our client, the prevailing beneficiary, in a Surrogate's Court

case involving construction of the decedent's tax apportionment clause.

Products Liability. The firm's Products Liability Team has continued to serve as national

and regional litigation counsel for some of the nation's largest pharmaceutical companies

and manufacturers of various products. Our defense of companies in international and

domestic venues, as well as our ability to work seamlessly with local counsel give our

clients the advantage. For example, this year we won a dismissal for our client of a

single suit which in turn required 47 other cases to be dismissed. Outside the courtroom,

we apply insights gleaned from successful trials when advising clients on the sale and

marketing of new products. As mediation counsel, we secure early, cost-conscious

resolutions that protect our clients' businesses.

achievements & results

achievements & results


achievements & results

achievements & results

Real Estate. Our Real Estate department remained active in handling major office leases

in New York City, including continued representation of landlords such as The Durst

Organization, Forest City Ratner, The Winter Organization and a major institutional pension

fund manager. In addition, we expanded our representation of major law firms in their

leasing of office space in New York City, including representation of Orrick Herrington,

Seward & Kissel and Vinson & Elkins, as well as representing a major media company in

all of its domestic and international real property matters. Other diverse work included

representation of the Official Committee of Unsecured Creditors in the bankruptcy of a

publicly-held real estate company, a major museum in its sale of air rights and an easement

for light and air above its midtown Manhattan location and ING Clarion in connection with

the potential disposition of its property on East 56th Street.

Sports. In the Fall of 2009, Patterson Belknap formally launched its interdisciplinary

Sports Group. The firm's work in this area dates back decades and includes high-profile

disputes and transactions involving professional baseball, basketball, hockey, tennis and

golf, as well as the representation of sports-related media entities. Among other matters

on behalf of various leagues, teams, and other sports-related entities, over the last several

years our attorneys regularly have litigated complex commercial matters, handled sensitive

internal investigations issues, and provided corporate, intellectual property and charitable

giving advice both in high-profile transactions and as day-to-day legal advisors. The Group

includes leading Litigation, White Collar Defense and Investigations, Intellectual Property,

Tax-Exempt Organizations and Corporate attorneys.

Tax. During 2009, the firm's Tax Group continued to provide innovative and tax efficient

solutions in addressing the business needs and individual wealth planning goals of our

clients. For example, we are tax counsel for a multinational industrial company that

makes machine tools for the aerospace, automotive and alternative energy industries.

This representation includes advising on internal consolidations and mergers, financings,

compensation planning, tax treaty issues, as well as complicated tax planning and reporting

issues facing controlled foreign corporations and their U.S. shareholders. We also advised

a manufacturing company on the tax structuring and consequences, including state tax

issues and real property transfer taxes, resulting from a several hundred million dollar

sale. We continue to work hand-in-hand with our Personal Planning Group to structure tax

efficient domestic and foreign trusts to transfer family wealth. Our attorneys counseled

on the evolving U.S. tax reporting laws involving offshore companies and bank accounts.

Litigators both within and outside the firm have called on our tax expertise to bolster their

cases; in one situation we assisted counsel for defendants charged with criminal liability

associated with promoting tax shelters.

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Tax-Exempt Organizations. Our Tax-Exempt Organizations Group assisted clients

including private foundations, public charities, museums and other cultural institutions,

colleges and universities and advocacy organizations throughout 2009. Recently, we

established a new educational partnership to promote public school education, helped to

create several new entities devoted to publishing and the arts and have been working with

a client in structuring a global carbon credits program. We counseled many organizations

throughout the year with respect to endowments and investment activity, including issues

arising from the economic downturn such as underwater endowments. We have also

worked on program related investments in the U.S. and abroad, structuring investments

that focus on low income housing, economic development, eco-tourism and health care

delivery. In June 2009, we welcomed new partner Tomer Inbar, a well known exempt

organizations attorney, with over 14 years of experience handling complex tax, corporate

and regulatory matters.

White Collar and Investigations. The firm's White Collar and Investigations Team

added two former federal prosecutors in 2009, Michael F. Buchanan, former chief of the

Securities and Health Care Fraud Unit of the U.S. Attorney's Office for the District of

New Jersey, and Joshua A. Goldberg, formerly of the Securities and Commodities Task

Force of the U.S. Attorney's Office in the Southern District of New York. In 2009, the team

won a rare dismissal of all charges on pretrial motions brought by the Manhattan District

Attorney's Office against a corporate facilities maintenance company. Our client had

been indicted on multiple counts of grand larceny and false records crimes for allegedly

orchestrating a scheme to defraud a governmental agency for whom our client contracted

to provide services. Over the last year we have represented entities and individuals

in criminal and regulatory matters and conducted internal investigations in a variety of

high-profile matters, including: a pharmaceutical manufacturer accused of violating the

federal anti-kickback statute in a False Claims Act action brought by the U.S. Department

of Justice; a New York charity accused of providing unlawful services to the Islamic

Republic of Iran in a civil forfeiture action brought by the U.S. Department of Justice; a

placement agent services company in federal and state regulatory investigations of

alleged "pay-to-play" in soliciting public pension investments; and multiple individuals

involved in criminal and regulatory matters relating to alleged antitrust violations, securities

fraud, tax crimes, and other federal and state offenses.

achievements & results

achievements & results


1133 Avenue of the Americas New York, NY 10036-6710

212.336.2000 fax 212.336.2222 www.pbwt.com

This publication may constitute attorney advertising in some jurisdictions.

Prior results do not guarantee a similar outcome.

©2010 Patterson Belknap Webb & Tyler LLP 03/10 #0475

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