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In The News

March 10, 2010 
Derivatives Week
Matthew Magidson comments on the increase in requests by counterparties for ratings based termination event clauses in derivatives documentation.
March 8, 2010 
National Law Journal
Lowenstein Sandler's addition of David L. Goret as Member of the Firm's Investment Management Group is highlighted.
March 5, 2010 
Project Finance
Lowenstein Sandler is highlighted for its role as lead counsel to Lend Lease Americas Inc. in a landmark Army privatization of lodging deal. The deal was named the 2009 "North American Real Estate Deal of the Year" by Project Finance magazine.
March 4, 2010 
The New York Times
John Berger comments on why it sometimes is beneficial for parents to discuss their estate plans with their adult children.
March 2, 2010 
The PIPEs Report
Jack Hogoboom comments on how the Financial Industry Regulatory Authority's new same-day clearance option will streamline the process of filing shelf registrations for PIPE issuers.
March 2, 2010 
Metropolitan Corporate Counsel
Kenneth Zimmerman is highlighted for being named Advisor to Harvard Law School's new Public Service Venture Fund. The fund will offer "seed money" for start-up non-profit ventures and salary support to graduating law students who hope to pursue post-graduate work at nonprofits or government agencies.
March 2, 2010 
The Wall Street Journal
Mark Kesslen comments on Apple Inc.'s suit of Taiwan-based HTC Corp. over alleged patent violations on smartphone technologies.
February 28, 2010 
Crain's New York Business.com
Steven E. Siesser comments on private equity firms' appetite for investing in troubled banks.
February 26, 2010 
Caldwell Progress
Kevin M. Brennan is highlighted for being named "Young Irishman of the Year" by the Friendly Sons of St. Patrick of the Oranges.
February 17, 2010 
New York Law Journal
Edward J. Hunter is highlighted in the New York Law Journal for representing retailer Filene's Basement in its lease of a new location at 2234 Broadway, New York, NY.
February 16, 2010 
The PIPEs Report
Jack Hogoboom comments on the potential pitfalls of using financial investor relations firms.
February 14, 2010 
Business Insurance
In an article about the challenges employers face in states that have legalized the use of medical marijuana by qualifying patients, Amy Wiwi discusses employers' need to establish workplace policies and practices before the issue arises.
February 8, 2010 
Financier Worldwide
In a recent Financier Worldwide article, Marie DeFalco comments on the importance of implementing an effective risk management program for investment funds.
February 3, 2010 
Law360
Michael B. Himmel comments on a federal appeals court decision affirming the dismissal of a qui tam False Claims Act lawsuit brought against clients Schering-Plough Corporation (now known as Merck & Co., Inc.) and Organon USA Inc. by a former Organon employee. In the lawsuit, the former employee alleged that Organon wrongfully obtained FDA approval for the anesthetic drug Raplon and thereby caused false claims for the use of Raplon to be submitted to Medicare and Medicaid. The U.S. Court of Appeals for the Third Circuit held that the case was properly dismissed for lack of jurisdiction because the plaintiff's allegations were based upon prior public disclosures and he did not qualify as an "original source" within the meaning of the False Claims Act's public disclosure bar.
February 1, 2010 
Metropolitan Corporate Counsel
Lowenstein Sandler is highlighted for serving as primary legal advisor to ID Systems Inc. in its acquisition of Asset Intelligence LLC. The Lowenstein Sandler team consisted of Steven E. Siesser, Marissa L. Morelle, Kylie Cooper, Mark P. Kesslen, Lisa K. Schroeder, Andrew E. Graw and Richard J. Horne.
February 1, 2010 
Metropolitan Corporate Counsel
Lowenstein Sandler is highlighted for successfully defending the town of Babylon, New York and the North Amityville, New York Volunteer Fire Company in a recent case before the U.S. Court of Appeals for the Second Circuit. In AMW Materials Testing, Inc. v. Town of Babylon, 584 F.3d 436 (2d Cir. 2009), the Court held that the CERCLA statutory scheme provides immunity to firefighters and emergency first responders from CERCLA liability arising from actions taken in response to emergencies relating to the release of hazardous substances, unless they act with gross negligence or intentional misconduct. The Lowenstein team consisted of Richard Ricci, Priya Masilamani and Alyson Powell.
January 27, 2010 
The Hedge Fund Law Report
In a summary of DealFlow Media's Activist Investor Conference 2010, Jeffrey Shapiro's comments during his "Strategies and Tactics for Responding to Investor Activism" presentation are highlighted.
January 25, 2010 
Floor Covering Weekly
Scott Cargill and David Banker comment on the increase in Chapter 11 filings and failures to reorganize during the recession.
January 25, 2010 
NJBiz
David Wissert comments on the impact layoffs are having on employment law cases in New Jersey.
January 22, 2010 
Wall Street Journal
Mark Kesslen comments on the increased use of the U.S. International Trade Commission by technology companies to quickly address patent disputes.
January 20, 2010 
Bloomberg.com
In a Bloomberg.com article, Peter Greene comments on hedge funds investing in illiquid asset classes.
January 18, 2010 
New Jersey Law Journal
Miguel Alexander Pozo comments on issues contributing to a decrease in the number of minority students attending law school in an article entitled "Columbia Study Shows 15-Year Drop in Black and Mexican-American Law Students".
January 15, 2010 
Wall Street Journal
In a Wall Street Journal article, Alan Modlinger comments on the gray areas in the laws concerning surrogacy contracts. In a recent case, a New Jersey judge recently ruled that a gestational surrogate who gave birth to twins is their legal mother, even though she is not genetically related to them. The ruling gives the woman, who carried the babies in an arrangement with her brother and his male partner, the right to seek primary custody of the children. Mr. Modlinger represents the couple pro bono.
January 2010 
EuroWeek
Jonathan Wishnia comments on the impact of proposed US securitization disclosure regimes.
January 12, 2010 
NY1
In a segment on New York City television station NY1, Warren Racusin explains ways to make gifts this year to take advantage of 2010 estate tax repeal.
January 7, 2010 
NY1
In a segment on New York City television station NY1, Warren Racusin discusses how families may wind up in court battles if their affairs are not properly handled in light of the estate tax repeal.
January 4, 2010 
New Jersey Law Journal
Lowenstein Sandler's election of Michael Hahn, Jason Halper, Scott Moss, Ethan Skerry and S. Jason Teele as Members of the firm is highlighted.
January 4, 2010 
New Jersey Law Journal
Lowenstein Sandler attorneys Matthew Savare, Daniel Sierchio, Gal Davidovitch, and David Leit are highlighted for their pro bono work with City Without Walls, a Newark non-profit art gallery.
January 1, 2010 
Alan Modlinger comments on a New Jersey judge's ruling that a gestational surrogate who gave birth to twins is their legal mother, even though she is not genetically related to them. The ruling gives the woman, who carried the babies in an arrangement with her brother and his male partner, the right to seek primary custody of the children. Mr. Modlinger represents the couple pro bono in a case that has received national media attention including coverage in The New York Times, msnbc.com, The Philadelphia Inquirer, and The Star Ledger.
December 29, 2009 
CNBC
Warren Racusin appears on CNBC’s "Power Lunch," to discuss the federal estate and generation-skipping taxes scheduled to be repealed on January 1, 2010.
December 28, 2009 
NJBiz
Matthew Savare comments on the influence tax credit incentives for film and digital media production have on producers' decisions to film in New Jersey.
December 28, 2009 
Derivatives Week
Sherri Venokur comments on the requirement, in the proposed OTC derivatives legislation, for the segregation of collateral posted to secure obligations under trades that are not cleared.
December 18, 2009 
Dow Jones Factiva
Warren Racusin comments on the implications of the federal estate tax lapse.
December 15, 2009 
The PIPEs Report
Jack Hogoboom comments on the risks of not doing proper due diligence in registered direct offerings.
December 7, 2009 
American Banker, Bank Investment Consultant
Warren Racusin comments on the House's vote to make the estate tax permanent.
December 7, 2009 
TheWrap.com
Matthew Savare comments on the enforceability of exculpatory clauses used for reality television programs.
December 1, 2009 
The PIPEs Report
Peter Greene comments on valuation in PIPEs funds and its relationship to inflows and outflows.
December 1, 2009 
The PIPEs Report
Jack Hogoboom comments on Sen. Chris Dodd's proposed overhaul of U.S. financial regulations, including a provision that would give state regulators greater authority over most PIPEs.
November 17, 2009 
Reuters
Matthew Magidson comments on the use of restructuring to trigger CDS payments.
November 16, 2009 
New Jersey Law Journal
Miguel Alexander Pozo is recognized for being installed as the 30th president of the Hispanic Bar Association of New Jersey during a swearing-in ceremony on October 29 at the W Hotel in Hoboken, NJ.
November 6, 2009 
Association of Corporate Counsel Newsletter
Lowenstein Sandler's STRIDES initiative is highlighted for co-sponsoring a networking and information seminar in which more than 100 participants learned unwritten rules for overcoming obstacles to advancing in the workplace. The event was presented in association with the Women's Networking Committee of the New Jersey Corporate Counsel Association.
November 2, 2009 
Metropolitan Corporate Counsel
Lowenstein Sandler's addition of Warren Racusin as Member of the Firm and Chair of the Trust and Estates Practice Group, is highlighted.
November 2, 2009 
Metropolitan Corporate Counsel
Steven B. Fuerst is highlighted for being named the Somerset County Bar Association's 2009 Professional Lawyer of the Year.
November 2, 2009 
The Wrap.com
Matthew Savare comments on the enforceability of contracts signed by reality television contestants.
November 2, 2009 
Metropolitan Corporate Counsel
Michael B. Himmel, Lawrence A. Spector, and Alice B. Stock are recognized for being named to the 2009 edition of New York Super Lawyers.
October 27, 2009 
La Voz, Business & Finance Week
Miguel Alexander Pozo is highlighted for receiving Defining Trends Magazine's 2009 Latino Trendsetter Award, an annual award given to leaders and innovators in the Hispanic community.
October 26, 2009 
New Jersey Law Journal
Lowenstein Sandler's addition of Warren Racusin as Member of the Firm and Chair of the Trust and Estates Practice Group, is highlighted.
October 20, 2009 
The Pipes Report
Steven E. Siesser comments on the Securities and Exchange Commission's appeal of its recent loss in the insider-trading lawsuit it brought against billionaire Dallas Mavericks owner, Mark Cuban, and the implications for the PIPEs marketplace.
October 20, 2009 
The Pipes Report
Jack Hogoboom comments on the investigation of three separate PIPE investors for alleged wrong doings including insider-trading violations, improper short selling and dissemination of inaccurate portfolio valuations.
October 20, 2009 
New Jersey Newsroom.com
Lowenstein Sandler is highlighted for receiving the New Jersey Business & Industry Association's 2009 Outstanding Employer award.
October 9, 2009 
Chicagotribune.com
Scott Cargill comments on the benefits that would result from the sale of Sun-Times Media Group to Chicago financier James Tyree.
October 7, 2009 
Chicagotribune.com
Scott Cargill comments on the agreement reached between the Chicago Newspaper Guild and Sun-Times management in Chicago financier James Tyree's buyout of Sun-Times Media Group.
October, 2009 
New Jersey Business
Lowenstein Sandler is highlighted for winning the New Jersey Business & Industry Association's 2009 award for Outstanding Employer. Lowenstein received the award in recognition of its employee training and Lowenstein University programs.
October 7, 2009 
American Express Small Business Open Forum
Steven Fuerst comments on how current economic factors can contribute to problems between business partners and lead to business divorce.
October 4, 2009 
Metropolitan Coporate Counsel
Lowenstein is highlighted for representing Actus Lend Lease in connection with the Privatization of Army Lodging (PAL) project. The Lowenstein team was led by Edward J. Hunter.
October 4, 2009 
Metropolitan Corporate Counsel
Lowenstein Sandler is recognized for being named a 2009 Outstanding New Jersey Employer by the New Jersey Business & Industry Association.
October 2, 2009 
EuroWeek
Jonathan Wishnia comments on Citibank's lawsuit against Morgan Stanley for an alleged breach of a credit default swap agreement relating to the Capmark VI CDO.
September 25, 2009 
EuroWeek
Jonathan Wishnia comments on Congressional hearings regarding credit rating agencies.
September 25, 2009 
Chicagotribune.com
Scott Cargill comments on Chicago financier James Tyree's $26.5 million buyout offer in the Sun-Times Media Group Inc.'s Chapter 11 case.
September 2009 
Metropolitan Corporate Counsel
Michael Rodburg named to the American College of Environmental Lawyers.
September 14, 2009 
NJBiz
Matthew Savare is highlighted for his pro bono work with City Without Walls, a Newark gallery for emerging artists.
September 14, 2009 
Hedgeweek
Timothy Wheeler comments on the enthusiasm and generosity of hedge fund industry bands participating in Rockotoberfest, an annual fundraiser to benefit children with limb disabilities in emerging countries.
September 2009 
Metropolitan Corporate Counsel
Lowenstein Sandler is recognized for being named among the 2009 Working Mother and Flex-Time Lawyers Best Law Firms for women.
September 2009 
Metropolitan Corporate Counsel
Lowenstein Sandler mentioned for serving as IP Counsel to PSE&G in a landmark alternative energy deal known as the "Solar 4 All" project. PSE&G's $515 million investment will double New Jersey's solar energy capacity, and include the largest pole-attached solar installation in the world (200,000 solar units).
September 9, 2009 
Daily Deal/The Deal
Bruce Buechler discusses the creation of LHI Enterprises Inc. to make a stalking-horse bid on bankrupt Lang Holdings Inc.
September 8, 2009 
The Pipes Report
John Hogoboom comments on the recent increase in lawsuits by PIPE funds to enforce terms of financing.
September 3, 2009 
EuroWeek
Jonathan Wishnia discusses a landmark fraud lawsuit in the Southern District of New York against the raters and arranger of Cheyne Capital’s collapsed structured investment vehicle.
September 3, 2009 
QSRMagzaine.com
Steven E. Siesser comments on steps to prepare a private company for sale, focusing on the need for sophisticated financial statements.
August 31, 2009 
Asbury Park Press
Michael Hahn is recognized for his appointment as Vice Chairman of the New Jersey State Bar Association's Antitrust Law Committee.
August 31, 2009 
The Wall Street Journal
Steven E. Siesser comments on the question of whether private equity funds will seek exits from the IPO market or the M&A marketplace, in light of current economic conditions.
August 17, 2009 
NJBiz
James Stewart discusses the environmental benefits of the waste-to-energy process, which burns waste at high temperatures and uses the heat to generate steam and electricity.
August 14, 2009 
Crain's New York Business
Kenneth Rosen comments on the Chapter 7 liquidation of women's apparel brand Ellen Tracy. Lowenstein Sandler represents the creditors in the case.
August 13, 2009 
Dow Jones Newswires
John D. Hogoboom comments on how private equity firms are finding opportunities with PIPEs at a time when their traditional market is still dry.
July 20, 2009 
AmericanLawyer.com
Lowenstein is highlighted for winning a motion to dismiss on behalf of client Schering-Plough Corporation in In re Schering-Plough Corp. Intron/Temodar Consumer Class Action. The case involved a putative class of third-party payors and consumers who sought to recover payments made for the purchase of oncology drugs by alleging that the drug maker illegally marketed the drugs for "off-label" indications. The Lowenstein team was led by Gavin Rooney.
July 15, 2009 
Law360
Lowenstein is highlighted for winning dismissal of a putative class action accusing Schering-Plough of causing economic losses to a group of health and welfare funds, third-party payors, and individual consumers by illegally marketing its drugs Intron-A and Temodar for off-label uses.
July 2009 
The American Lawyer
Lowenstein Sandler's pro bono representation in Argueta v. Myers, a federal lawsuit the firm filed with the Seton Hall Center for Social Justice against officials from the Department of Homeland Security who are accused of unlawfully raiding the homes of immigrants throughout the state, is highlighted.
July 1, 2009 
Bloomberg
Sharon L. Levine's representation of general unsecured creditors in the bankruptcy restructuring of Pliant Corp. is highlighted.
July 2009 
Metropolitan Corporate Counsel
Lowenstein Sandler's Investment Management and Bankruptcy, Financial Reorganization & Creditors' Rights groups are highlighted for their selection to the 2009 edition of The Legal 500.
July 2009 
Metropolitan Corporate Counsel
The Lowenstein Center for the Public Interest is profiled for officially beginning work that includes representing children's rights organizations and representing immigrant children through the Kids in Need of Defense (KIND) program.
June 23, 2009 
Business Week
Kenneth Rosen comments on lenders' response to the increased number of bankruptcies during the recession.
June 22, 2009 
Risk Magazine
Matthew Magidson comments on the International Swaps and Derivatives Association's (ISDA) newly introduced Big Bang protocol and ISDA's ongoing attempts to standardize the Credit Default Swaps market.
June 5, 2009 
Investment Dealers' Digest
Peter Greene comments on investors emphasizing risk management within the alternative investment asset class given the current state of financial markets.
June 3, 2009 
Total Global ABS
Jonathan Wishnia discusses the panel "Effectively Managing Increased Litigation and Enforcement," which he moderated at Global ABS 2009 in London.
June 2, 2009 
The PIPEs Report
Steven E. Siesser discusses how the outcome of the SEC's insider trading case against Mark Cuban could dictate how capital market participants handle potentially confidential information.
June 2, 2009 
Metropolitan Corporate Counsel
Lowenstein is recognized for having the top-ranked pro bono program in New Jersey for the fourth consecutive year and for its extensive body of pro bono work, including the October 2008 establishment of the Lowenstein Center for the Public Interest.
June 1, 2009 
Bloomberg
Peter Greene discusses some of the factors that will increase the chances of hedge funds raising money in today's economy.
May 26, 2009 
Bloomberg
Steven E. Siesser comments on the legal defenses asserted by Mark Cuban in the insider trading suit brought against him by the SEC and discusses the implications thereof for the investment banking community.
May 13, 2009 
National Public Radio (NPR)
Zachary Rosenbaum comments on securities fraud and bond insurer MBIA's suit against Merrill Lynch.
May 11, 2009 
NJBiz
In an article about the U.S. Supreme Court's decision on contaminated Superfund sites, James Stewart comments on the implications of the New Jersey Spill Act.
May 2009 
National Real Estate Investor
Ted Hunter comments on the economic crisis' impact on borrowers, lenders, landlords and tenants in the real estate industry.
May 2009 
Metropolitan Corporate Counsel
Fifteen Lowenstein Sandler attorneys are noted for their selection to the 2009 edition of New Jersey Rising Stars, an annual list that recognizes the state's top up-and-coming lawyers.
May 2009 
Metropolitan Corporate Counsel
Forty Lowenstein Sandler attorneys are noted for their selection to the 2009 edition of New Jersey Super Lawyers, a list of the state's top five percent of leading attorneys.
April 30, 2009 
AM Law Daily
Lowenstein Sandler's addition of William Greenbaum as Member of the Firm in the Employment and Labor group, is highlighted.
April 29, 2009 
The Deal
Sharon L. Levine comments on the use of the life settlement process in bankruptcy cases.
April 22, 2009 
Oil Daily
Peter Greene discusses how the current economic climate is resulting in investors demanding greater transparency from hedge funds.
April 16, 2009 
Bloomberg
In the context of the General Growth bankruptcy filing, Sharon L. Levine discusses the impact falling commercial real estate prices and the lack of credit for borrowers have on equity investments.
April 7, 2009 
IDDMagazine.com
Steven E. Siesser comments on the increasing popularity of rights offerings as a viable financing alternative for public companies.
April 7, 2009 
The PIPEs Report
John D. Hogoboom comments on the probability of increased regulation of hedge funds and private investment pools.
April 2, 2009 
Daily Record
Khizar A. Sheikh is highlighted for his selection as one of New Jersey Super Lawyers' 2009 Rising Stars, an honor that recognizes the state's top up-and-coming attorneys.
March 17, 2009 
The PIPEs Report
Jack Hogoboom comments on unusual PIPE deal terms in light of existing market conditions.
March 2009 
IP Today, New Jersey Law Journal, Trial.com
Lowenstein Sandler is highlighted for winning a significant patent infringement judgment for client Joyal Products, Inc. against the international motor manufacturing conglomerate Johnson Electric. The judgment reflected an award of treble damages and attorneys' fees based on willful infringement, as well as a permanent injunction and post-judgment royalties of 26% of gross revenues. David Harris and Stephen Buckingham led the Lowenstein team.
March 13, 2009 
Investment Dealers Digest
Peter Greene comments on hedge fund fraud and the importance of due diligence.
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