Barnes & Thornburg LLP’s past dealings on the opposite side of the negotiating table with a global engineering com-pany have flourished into a long-term client relationship.
It’s a relationship that led Tomkins plc to bring more than 70 of its employees to the firm for a two-day seminar that educated senior management and high-potential employees from four countries about legal trends affecting their work.
“Given our past relationship with Barnes & Thornburg and its breadth of experience in a variety of fields, Barnes
& Thornburg was a logical choice for this seminar,” said George Pappayliou, Tomkins general counsel. “Our goal for this seminar was to foster a better understanding among our decision-makers of key legal issues that they encounter in the day-to-day operations of their respective companies.”
Tomkins, a publicly traded parent company with several subsidiaries in the industrial, automotive and building products industries, first hired Barnes & Thornburg in the late 1990s after the firm negotiated a disposition of one of its clients to Tomkins. As a result, Tomkins expressed an interest in working with the firm’s Business Department.
From there, the relationship blossomed despite the geographical differences given Tomkins’ United Kingdom base and United States headquarters in Denver.
Don Knebel,chair of the firm’s 34-member Business and Technology Group and co-chair of the 80-member Intellectual Property Department, also had explored antitrust work with the company.
While Tomkins executives say they were attracted to the cost savings and client service benefits of working with Barnes & Thornburg, the law firm saw great potential in serving a global company with a strategy to grow organically and through geographic expansion and strategic acquisitions, said business attorneyCathy Bridge,who has managed Tomkins’ mergers and acquisitions work over the years.
— S e e To m k i n s p l c , p a g e 1 5 Cathy Bridge
CONSTRUCTION GROUP ASSISTS CHICAGO PROJECT
The Construction Law Group is assisting with a mammoth lifestyle center on Chicago’s South Side.Page 2
LABOR & EMPLOYMENT LAWYERS HOST ROUNDTABLES
Attorneys in the Labor & Employment Law Department are hosting frequent round-tables on human resources.
CLIENTS COUNSELED ON CLIMATE CHANGE
The new Climate Change Practice Group is already assisting clients with issues.
I N S I D E
S A M P L I N G
F E A T U R E S
I N C L U D E S :
A N N U A L R E P O R T 2 0 0 8
Firm Hosts Management Seminar
Relationship With Tomkins plc Continues To Flourish
Curt Castleman, a Tomkins plc intellectual property attorney who was one of the many speakers at the two-day seminar, talks to a group of Tomkins managers and employees from four countries and Barnes & Thornburg lawyers in the law firm’s conference center.
Barnes & Thornburg LLP attorneys are deeply involved in the legal needs for construction of the Roosevelt Collection, a mammoth lifestyle center rising up on Chicago’s South Side.
Before any of the work could begin, Barnes & Thornburg construction attorneysClifford Shapiro, David SchenkandTom Engle– all members of the firm’s Construction Law Practice Group – assisted Centrum in crafting a $225 million construction contract with a major Chicago general contractor.
C O N T R A C T I S ‘ T O O L’
“It’s a tool,” Centrum Director of Construction Nancy Carreon said of the contract. “The contract really does define all aspects of the project and
Construction Attorneys Assist Mammoth Chicago Lifestyle Center
tries to anticipate everything that could happen during and after construction.”
Firm attorneys worked with the general contractor to negotiate a creative contract, which includes maximum pricing provisions as well as several bonus and penalty clauses. The construction contract also includes expanded Alternative Dispute
Resolution (ADR) provisions based on the parties’ desire to resolve any disputes promptly without resorting to litigation. In addition, Clifford and Tom drafted and negotiated Centrum’s agreements with various architects and engineers for the project.
According to Clifford, the large scale mixed-use attributes of the project, and its emerging urban neighborhood
location, make the project unique. “This really is an exciting development because it will accelerate the emergence of the South Loop and define this part of Chicago,” he said.
“We work with our clients
to guide them through
the litigation process and
provide counsel on the
challenges they may face
each step of the way.”
M O R E T H A N 7 5 M E M B E R S
The firm’s Construction Law Practice Group is comprised of more than 75 members, several of whom have many years of experience repre-senting developers, contractors and other construction industry clients. The group’s attorneys have experience drafting contracts for large scale projects, like the Roosevelt Collection, as well as smaller projects. They also have experience representing clients to resolve, and when necessary, to litigate construction related claims and disputes.
Firm attorneysTim Abeskaand Scott Murphy,for example, are repre-senting a client in litigation relating to a warehouse roof collapse, which the client contends was caused by snow and ice buildup and steel supports of poor quality. The damage to the client’s building and contents was more than $2 million. It is one of many examples where Barnes & Thornburg litigators represent virtually anyone who is part of the construction chain. That includes project owners, general contractors, subcontractors and suppliers.
“We work with our clients to guide them through the litigation process and provide counsel on the challenges they may face each step of the way,” Tim said.
— S e e C o n s t r u c t i o n G r o u p , p a g e 3 Barnes & Thornburg attorneys assisted Centrum Properties with the $225 million construction contract for the
Roosevelt Collection, a mixed-use project pictured in the above rendering, now underway on Chicago’s South Side.
P ro vi d e d b y C e n tr u m P ro p e rt ie s, In c.
Construction Group attorneys also often serve as policyholder counsel to seek insurance coverage on behalf of clients in connection with construction claims. The group is a national leader in the area of insurance recovery on behalf of construction clients, Clifford said. The group often works hand-in-hand with the firm’s Insurance Recovery Group to determine how best to pursue insurance coverage for construction related claims.
C A R E FA C I L I T I E S
The firm’s construction attorneys work in many different industries. For example, attorneyMike Watkins and others represented The South Bend Clinic, LLP, in various facets of an ambitious expansion program in the northern Indiana area. The project included contracting and financing the construction of a substantial addition to the clinic’s current main central campus, which will more than double the size of its facilities to more than 200,000-square feet, the addition of two parking decks and remodeling of the existing space.
The project also involved construc-tion of a new 13,900-square-foot primary care facility and construction of another new 13,100-square-foot primary care facility at another location. Mike said the clinic’s goal is to create four main campuses in addition to the central main campus.
In addition to Mike, Construction Group membersBrian Lakehandled general corporate matters for the clinic,Rich Deahlprovided real estate and corporate legal services, and Alan Feldbaumassisted with financing aspects of the project. ■
Fourth Win in Highest Court
Case Goes All The Way
To United States Supreme Court
When Barnes & Thornburg LLP litigatorsTodd VareandPaul Jefferson agreed to represent Efrain Santos on apro bono basis at the United States Court of Appeals for the Seventh Circuit, they never imagined the case would draw any attention beyond East Chicago, where their client lived and had once run for mayor. Their outlook has now changed greatly after Todd’s opportunity to argue the case before the United States Supreme Court and the Court’s decision in favor of Santos on June 2, 2008(U.S. v. Santos).
This result makes firm attorneys undefeated in their last four Supreme Court appearances where they presented the argument before the Court on behalf of clients.
Todd and Paul agreed to accept Santos’ case as part of the Seventh Circuit’s Criminal Justice Act program. Santos was convicted of running an illegal gambling business and money laundering. After Paul argued the case in the Seventh Circuit, which upheld the dismissal of the money laundering conviction, the Supreme Court, which takes only 100 or so of the 7,000-plus certiorari petitions filed each year, agreed to hear the case. At stake was the scope of the federal money laundering statute, which would substantially affect money laundering prosecutions across the United States. In what he called “a humbling and awesome experience,” Todd, who is an intellectual property litigator, argued his client’s case before the Supreme Court on October 3, 2007.
“There is no greater honor than arguing before the nation’s highest court. The experience is incredibly rewarding,” Todd said. “But it was something that could never have happened without the support of the firm and many other Barnes & Thornburg lawyers, including Paul andStan Fickle,who provided invaluable assistance to the Santos case.” Stan was a United States Supreme Court law clerk and is a member of the firm’s Appellate practice.
For years, Todd, Paul and many other Barnes & Thornburg attorneys have providedpro bono services in and out of the courtrooms as part of a valued firm tradition. The firm has long been committed to providingpro bono legal services to people of lesser means and to nonprofit organizations. In fact, the firm in the last year provided thousands ofpro bono service hours, the equivalent of more than $2.75 million in free legal service.
“Providingpro bono legal services allows us the greatest opportunity to positively impact our communities and improve the lives of those who need it most,” said litigator and employment law lawyerJohn Maley,chair of the
Pro Bono Committee.
The breadth and diversity ofpro bono work performed by Barnes & Thornburg attorneys is significant. Many Barnes & Thornburg lawyers, like Todd, acceptpro bono appointments in federal and state courts. The cases range from appeals in the state and federal courts for indigent individuals, to domes-tic violence matters for abused women, to counsel for scores of nonprofits across the country.
The firm’sPro Bono Committee, led by John and comprised of partners and associates from all firm offices, administers the officialPro Bono Policy. As part of that policy, all attorneys are encouraged to provide at least 25 hours of legalpro bono services a year – separate from individ-ual volunteerism and board involvement. The firm also gives billable hour credit to associates for up to 50 hours of approved legal pro bono work.
Barnes & Thornburg is a member of the Law FirmPro Bono Project, a national non-profit organization comprised of leading national law firms committed topro bono legal services, and is a signatory to thePro Bono Pledge, through which the firm strives to devote 3 percent of the firm’s billable hours to pro bono services. ■
John Maley CONSTRUCTION GROUP—CONTINUED FROM PAGE 2
The Construction Law Practice Group stays at the fore of issues related to construction litigation. For more information, contact Clifford Shapiro, chair of the Construction Law Practice Group, at312.214.4836or by e-mail atClifford.Shapiro@BTLaw.com.You may also get more information atBTLaw.com/constructionlaw.
Barnes & Thornburg LLP’s Policy-holder Insurance Recovery and Coverage Group continues its growth with the addition of two attorneys,Alan Martin andAdam Hollander,who were for-merly with the Chicago office of Mayer Brown.
“The addition of Alan and Adam provides greater depth in our practice representing policyholders,” saidAndy Detherage,who co-chairs the group with Charlie Edwards.“With Alan and Adam in Chicago, we now have a stronger physical presence in several geographical areas to support our national policy-holder based coverage work.”
Barnes & Thornburg is one of a small handful of law firms with an insurance group that exclusively represents policy-holders, and not insurance companies, in insurance coverage matters. It is one of many reasons Alan and Adam decided to join Barnes & Thornburg. “In addition to appreciating its Midwestern base and the number of attorneys with
Policyholder Insurance Recovery and Coverage Group
Continues Growth With Two Additions
trial experience, I was attracted to Barnes & Thornburg because the group exclusively represents policyholders in its insurance practice,” Alan said.
B I L L I O N D O L L A R S
The firm’s Policyholder Insurance Recovery and Coverage Group has secured more than a billion dollars of insurance for businesses and individuals across various types of coverages, includ-ing: advertising and marketing; antitrust; intellectual property and emerging technology; electronic data, and privacy issues; toxic tort and environmental; long-term exposure; product liability and mass tort litigation; asbestos; silica; per-sonal injury; contract disputes; employee theft and dishonesty; first-party property loss; business interruption; fiduciary liability; healthcare; financial institutions; errors and omissions; lost policy issues; directors and officers insurance; commer-cial crime insurance; and professional liability.
Alan, who also co-chairs the group, includes among his achievements obtaining judgments for clients for more than $159 million against three umbrella excess insurers in a federal jury trial and a $51 million judgment against three primary insurers in litigation involving the sale of pharmaceuticals.
The group is regularly involved in cutting edge complex coverage matters, such as proving the contents of lost policies, allocation of insurance proceeds across multiple policies over multiple years and layers of primary and excess coverage, and the rights of a successor businesses under predecessors’ insurance policies and programs. The group recently argued a case to the Indiana Supreme Court that will decide under what circumstances successor companies have rights under predecessors’ insur-ance policies under Indiana law. The group won these rights for its client at the trial and appellate court levels.
L I T I G AT I O N VA L U E
The Policyholder Insurance Recovery and Coverage Group also draws upon the experience of Barnes & Thornburg’s more than 150-member Litigation Department. The group’s insurance attorneys have litigated against virtually all major property and casualty insur-ance carriers in trial and appellate courts throughout the United States.
“This group also benefits our substan-tial litigation practice,” said co-chair Charlie Edwards. “While counseling clients on lawsuits,” Charlie said, “attorneys often discover related insur-ance coverage issues, such as whether an insurance company has the right to appoint an attorney to represent the client or whether the client has the right to appoint its own counsel. It benefits our litigation clients tremendously that we focus on the policyholder and have loyalty to that perspective,” he explain-ed. “It also benefits our clients that the firm has experienced trial attorneys.
— S e e I n s u r a n c e , p a g e 5 Members of the firm’s Policyholder Insurance Recovery and Coverage Group – (seated from left to right) Charlie
Edwards, Andy Detherage, (standing from left to right) Adam Hollander and Alan Martin – discuss at a retreat policy clauses that may be involved in litigation.
“Accordingly, we regularly work
with businesses and their risk
managers, brokers, and in-house
attorneys to help ensure that the
businesses understand their options
and their rights and obligations with
respect to their insurance program.”If litigation is necessary, we are prepared to do that.”
Beyond its litigation and claims recovery work, the group regularly con-sults with businesses on insurance matters, such as procurement, deductible calcula-tions, policy interpretation, structuring of self-insured retentions and other matters. “Accordingly, we regularly work with businesses and their risk managers, brokers, and in-house attorneys to help ensure that the businesses understand their options and their rights and obligations with respect to their insurance program,” Andy said.
‘ R O A D M A P T O P R E S E RV E ’
“Businesses often need help developing a roadmap to preserve and secure all of their rights and obligations under their insurance policies after a loss,” said Alan. “We help them to navigate those waters to minimize the opportunities for their insurance com-pany to deny a claim for failure to comply with some policy provision.”
“Businesses often discover that the language of their policies is confusing and difficult to follow or interpret,” Charlie added. “The group’s knowledge of those provisions, which often are standard form provisions, and the way they have been interpreted by courts and/or altered by other insurance companies adds value to our clients’ attempts to recover the proceeds and duties owed to them under those policies.” ■
I N S U R A N C E — C O N T I N U E D F R O M P A G E 4
For more information about the firm’s Insurance Policyholder Coverage Group, go to:
Barnes & Thornburg LLP Appears
In National Rankings
Intellectual Property Department
Ranks High For Trademarks
Two national trademark publications have recognized Barnes & Thornburg LLP’s Intellectual Property Department for its trademark activity for clients in the last year.
Intellectual Property Today and The Trademark Insider both ranked the firm 15th in the nation in trademark activity.Intellectual Property Today ranked firms by number of trademark registrations issued by the United States Patent and Trademark Office (USPTO).The Trademark Insider ranking was based on trademarks filed with the USPTO.
“As one of the largest intellectual property practices in the Midwest, Barnes & Thornburg is active in assisting clients in obtaining, preserving, protecting and enforcing trademarks worldwide,” saidTom Donovan,co-chair of the firm’s Intellectual Property Department. “This recognition reinforces our commitment to helping corporations protect their brands and meet their other business objectives.”
Barnes & Thornburg’s 80-legal professional Intellectual Property Department maintains more than 15,000 trademark registrations worldwide, with trademark attorneys assisting clients from across the country and throughout the world with virtually all aspects of trademark law. ■
Multicultural Law Magazine
Gives “Top 100” Diversity Honor
For the second year in a row, a national diversity publication has honored Barnes & Thornburg LLP by ranking it among the top 100 law firms in the country for its commitment to diversity.
Multicultural Law Magazine, which addresses diversity in the legal profession and focuses on information that is valuable to improving the careers of minority and women lawyers, listed the firm in its “Top 100 Law Firms for Diversity 2008.” To determine the rankings, magazine publishers selected the top 100 from more than 200 law firms surveyed.
“Barnes & Thornburg knows that a commitment to diversity creates a win-win-win situation for clients, the firm and firm attorneys and staff,” saidKathleen Anderson,co-chair of Barnes & Thornburg’s Diversity Committee. “We’ve placed great emphasis on developing diversity initiatives in our firm, and this honor shows the fruits of our continuing efforts.”
A firm wide committee of attorneys helps shape Barnes & Thornburg’s diversity program, which consists of several key components, including recruitment and retention, professional and skills development, sponsorship of diversity-focused events and diversity training. ■
McMillian Serves National Bar Association
Jimmie McMillianhas served a term as deputy chief of staff of the National Bar Association (NBA), which represents more than 22,000 attorneys, judges, legal scholars and law students of color throughout the world.
Jimmie, a firm litigator, assisted NBA President Vanita Banks with her duties and helped develop and implement plans to achieve the president’s goals. A key initiative of the organization in recent years has been to reach out to young people through its “Expanding the Pipeline” program, a series of activities designed to get youth involved and interested in the legal profession. Jimmie has an extensive background in this area. He is a key volunteer for Reach for Youth’s Teen Court, a peer-sentencing program for juvenile offenders run by youth 10-17 years of age. It is an authorized juvenile justice diversion program of the Indiana Juvenile Courts in Marion and Johnson Counties, Indiana. ■
Roundtable Series, Other Seminars Provide Updates On Labor Issues
When the Barnes & Thornburg LLP’s attorneys in South Bend began hosting their now popular Labor and Employ-ment Law Roundtable Series in the early 1990s, the 15 to 20 clients who attended literally sat around a round table.
Today, though, there isn’t a round table big enough to accommodate the nearly 100 human resource professionals who attend the quarterly events to learn more about current develop-ment in laws affecting their work.
The roundtable series is just one facet of Barnes & Thornburg’s program to educate businesses about issues in the labor and employment arena.
C L I E N T C O M M I T M E N T
“Because the labor and employment area is routinely subject to legislative and judicial change, we view these efforts as our commitment to keep our clients and others updated and engaged,” saidKen Yerkes,chair of
the firm’s 60-member Labor and Employment Law Department. “The labor and employment area is unique in that we have the opportunity to manage risks in advance, and we try to give our clients tools to be helpful.”
That’s what attorneyRoger Benko thought when he started the roundtable series, which is similar to the firm’s Barnestorming series in Fort Wayne. The firm’s Fort Wayne office has hosted these events for years to update human resources managers on topics of interest to them.
According to attorney Jerry Lutkus,the South Bend roundtable series began as a way to get more face-to-face time with labor and employ-ment clients of the firm and other firm clients with whom the group has done other work.
Not only has the series grown in size by attendance, but it also has grown in the different kinds of issues discussed. Jerry said one of the more popular
top-ics over the years has been the Family Medical Leave Act (FMLA).
C O M P L I C AT E D FA C T O R S
“FMLA is a difficult statute for human resources people to interpret and apply because there are so many complicated factors and the courts have been forced to interpret a lot of the unclear sections of the act,” he said.
FMLA isn’t the only issue the firm’s labor and employment attorneys discuss in their other training sessions.
For example, Barnes & Thornburg provides union-free training through the Indiana Chamber of Commerce as well as to individual clients. It’s a program that labor and
employment attorney Pete Morsesays is one of the Chamber’s most popular and successful seminar series.
“While the common thinking is that unions are slowly dying, the
truth of the matter is that they have completely retooled their message and their tactics, and their strategy has paid off,” Pete said, citing that union “win rates” these days are at near-record highs. “With this increased commitment by unions,” he explained, “we’ve been out doing union-avoidance training or defending organizing efforts somewhere in the country at least every two weeks.”
Ken said that firm attorneys work with other local chambers of commerce and human resource organizations on a regular basis. The topics include hiring effectively, sexual harassment, conducting a reduction in workforce and evaluating employees.
When they are not presenting to local chambers and human service organizations, Barnes & Thornburg attorneys reach out to individual companies to provide training. For example,Kathy Brickleyprovides
— S e e R o u n d t a b l e , p a g e 7 Roger Benko
Pete Morse Labor and Employment attorney Kathy Brickley presents at a seminar on issues related to the Family Medical
Leave Act to a local chapter of the Society for Human Resource Management.
P h o to b y C a th y D ie tz , C a th y D ie tz P h o to g ra p h y
Additional information about the firm may be found on its Web site:BTLaw.com
To communicate with firm members via e-mail, the addresses are formatted as:
Office telephone and facsimile numbers are:
CHICAGO, IL Phone 312.357.1313 Fax 312.759.5646
ELKHART, IN Phone 574.293.0681 Fax 574.296.2535
FORT WAYNE, IN Phone 260.423.9440 Fax 260.424.8316
GRAND RAPIDS, MI Phone 616.742.3930 Fax 616.742.3999
INDIANAPOLIS, IN Phone 317.236.1313 Fax 317.231.7433
SOUTH BEND, IN Phone 574.233.1171 Fax 574.237.1125
WASHINGTON, D.C. Phone 202.289.1313 Fax 202.289.1330
regular training for supervisors and managers on harassment, discrimination and retaliation. The purpose, she said, is to explain anti-discrimination laws and Congress’ intent to level the play-ing field for all qualified individuals to have the same employment opportu-nities regardless of race, color, religion, gender, national origin, age or disability.
Her interactive training sessions usually involve the showing of various video vignettes and excerpts from depositions of managers and supervi-sors in recent cases, including the sexual harassment case brought by a former marketing executive of Madison Square Garden.
Firm lawyers work with Society for Human Resource Management (SHRM) chapters throughout the state as well. They annually present a legal update program for the Michiana SHRM’s annual conference which draws more than 200 attendees from the northern part of the state and have also present-ed lunch-time programs for SHRM chapters in South Bend, Plymouth, Elkhart and Fort Wayne.
Barnes & Thornburg’s labor and employment attorneys also provide Japanese companies with training and updates through its Japanese Services
Group and Global Services Practice Group. AttorneyHiro
Nishikawararoutinely engages the firm’s Japanese clients to talk about specific labor and employment topics that could affect their United States operations. Hiro works alongside Pete, who also is vice chair of the firm’s Global Services Group. ■
‘Hot,’ ‘Go-To’ Lists Recognize
Barnes & Thornburg LLP’s Labor and Employment Law Department added a second series of recognitions in as many years when two trade publications named them to a list of leading law firms in the country.
The firm was one of 19 firms onWorkforce Management Magazine’s “Hot List” of top United States labor and employment firms. The magazine lists the leading law firms that provide labor and employment services to companies in the United States. Barnes & Thornburg was noted for various areas, including affirmative action, Office of Federal Contract Compliance Programs compliance, Equal Employment Opportunity Commission work, employment practices, National Labor Relations Board, medical issues and Occupational Safety and Health Administration.
“It’s gratifying to be recognized by a national publication for the work we do for our business clients,” saidKen Yerkes,chair of the firm’s more than 60-member Labor and Employment Law Department. “These kinds of issues affect our clients every day, and we do our best to provide them solutions to tackle them in the most effective manner.”
In addition, the firm was listed as one ofCorporate Counsel magazine’s “Go-To Law Firms of the World’s Leading Companies.”
The firm previously had been recognized inLaw360’s annual Litigation Almanac for its work in a variety of areas, including discrimination defense in federal cases. ■
Community Awards Received
Firm attorneysDawn RosemondandYolanda Edwardseach received awards honoring their commit-ment to the communities in which they live.
Dawn, a litigator, was the recipient of the Brilliant Women Award from the Boys & Girls Clubs of Fort Wayne for making a difference in her local community and for being a role model for young girls in the community.
Likewise, Yolanda, a utilities lawyer, received the YWCA Salute to Women of Achievement Award, which recognizes female community leaders in the areas of volunteerism, public service, sports, education, diversity, business and youth issues. Yolanda was honored for her ongoing work with the Indiana Youth Services Association, the Indianapolis Chapter of the Association of Blacks in Energy and the Marion County Bar Association. ■
E A S Y
A C C E S S
O F F I C E S
The Labor and Employment Law Department also distributes frequent Alerts that provide updates on timely issues likely to affect businesses. Subscribe to these Alerts by going to Barnes & Thornburg's Web site:www.BTLaw.com/subscribe.asp. R O U N D T A B L E — C O N T I N U E D F R O M P A G E 6
Barnes & Thornburg LLP attorneys are representing a host of private equity funds and their portfolio companies, actively advising such entities at all phases of the investment life cycle, including fund formation, selecting and completing acquisition transactions structured to maximize portfolio value and executing well-positioned exits.
“Private equity funds and hedge funds operating as private equity funds
con-tinue to be a significant force in the world-wide merger and acquisition market, even though many of the larger deals in the pipeline were lost due to the credit crisis,” saidDavid Millard,chair of the firm’s 150-mem-ber Business Department. “In the past several years (sometimes referred to as the “Golden Age of Private Equity”), private equity buyers have been involved in nearly 25 percent of domestic merger and acquisition transactions, and their influence on competitive bid transactions is even broader,” David added. “Equity sponsors continue to be very active in the middle market.”
Private Equity Work Provides Guidance
Through Investment Life Cycle
One unique asset which distinguishes Barnes & Thornburg comes from attorneys who have been involved on the business side of private equity deals. Tracy Larsen,vice chair of the firm’s Business Department, did just that in a previous life, having been involved in many entrepreneurial business ventures backed by equity sponsors, ranging from interstate trucking to telecommuni-cations (telephony/cable/Internet Service Provider) to natural gas compression.
E Q U I T Y O W N E R S H I P
“There is no better way of under-standing the incentives and pitfalls of complex private equity structures than to have lived through a portfolio compa-ny’s life cycle under equity sponsor ownership.” Tracy said. “It gives you unique credibility as a deal lawyer advising both equity sponsors and portfolio company management.”
Tracy continues to work actively with private equity-backed initiatives. One current client is American Education Group (AEG), an enterprise backed by two prominent private equity firms that has embarked on the roll-up of private college preparatory schools throughout
the United States. AEG was founded by Peter Ruppert, a well known player in the private education industry.
“AEG is somewhat unique, as it is both an economic business endeavor and a personal passion to improve education in America,” Peter said. “It started with identifying a market opportunity and a vision of how to realize upon that opportunity. The next step was to find equity sponsors that shared that vision and then professional advisors to help that vision become reality. Barnes & Thornburg has been an important part of our team.”
N AT I O N A L W O R K
Another private equity project involving firm attorneys that has gained national attention involves a Chicago-area energy company.Larry Blust,the firm’s Chicago Business Department administrator, and Tracy advised client Recycled Energy Development (RED) for its part in a strategic partnership with a private equity firm to develop a potential $1.5 billion portfolio of waste energy recycling projects.
The partnership provides an investment platform to fund projects developed and
managed by RED that profitably reduce energy costs and greenhouse gas pollution. Larry assisted RED in the initial transaction, which involved $375 million in equity funding.
“We have experi-enced a substantial increase in our equity fund work and we expect that trend to continue,” David said. “Middle market private equity firms are experiencing serious fee fatigue with large money center law firms. Barnes & Thornburg has become a popular choice for many of these funds.” ■
Larry Blust Firm business attorney Tracy Larsen (right) and client representative John Meilner, managing director of Bridge
Street Capital Partners, discuss transaction strategies associated with a private equity project.
For more information about the firm’s Private Equity Group, go to:www.BTLaw.com.
P h o to B y T im P ri e st , p re te p h o to .c o m
draws illegal immigrants to this country. Since this announce-ment, arrests relating to work-site enforcement have jumped 700 percent.
“The government’s sudden shift in enforcement strategy has caught a lot of employers by surprise,” Mike said. According to Mike, the employers he has helped “are trying to do the right thing—they’re just unsure of their responsibilities.”
For example, one misconception some companies have, Mike said, is that they think they need to be document experts or sleuths to ferret out the illegal workers.
“There’s a general nervousness that employers don’t know what is expected of them with regard to review of these documents,” he said. “Their job is to reject documents only when they appear to be tampered with or appear not to be genuine on their face.”
“But,” Mike explained, “there are some very simple steps employers can take to address this issue and reduce the risks associated with the government’s stepped-up worksite enforcement.”
Failed comprehensive immigration reform has led to stepped-up enforce-ment of current laws that prohibit employers from hiring illegal aliens. With this current environment, Barnes & Thornburg LLP attorneys are assisting employers of virtually all sizes to be prepared when the government calls.
Noticing this stepped-up enforcement, Barnes & Thornburg and one of its labor and employ-ment attorneys,Mike Palmer,have introduced an immigration compli-ance program to reach out to businesses. “The employer sanction provisions of United States immigration laws have not been aggressively enforced since their creation in 1986. But, that all changed in 2006, after the first attempt at com-prehensive immigration reform met with resistance,” Mike said.
Michael Chertoff, the secretary of the Department of Homeland Security, announced plans to increase worksite enforcement of immigration laws in the hopes of turning off the magnet that
Immigration Compliance Program
Assists Employers Of All Sizes
Information on the compliance program, as well as Immigration Compliance brochures like the one above, are available by contactingMike Palmer at574.237.1135orMichael.Palmer@BTLaw.com.
As globalization continues to take hold in companies throughout the United States, many recruiters and human resources managers are often encountering the challenge of hiring foreign nationals to fill important jobs.
It is a frequent scenario attorneys in Barnes & Thornburg LLP’s Immigration Practice Group have seen over the last several years as they counsel corporate clients on planning ahead to accommodate their business initiatives.
“We definitely have seen an increase in the number of requests from corporate clients to educate their people in charge of recruitment about the issues they will face when trying to hire professionals from outside the United States,” saidMariana Richmond,chair of the firm’s Immigration Practice Group. “They need to know and understand how to plan their recruiting and hiring in a manner that helps avoid problems to the extent possible.”
Barnes & Thornburg’s immigration practice works with the firm’s 40-mem-ber Global Services Group and more than 60 Labor and Employment Law Department attorneys to advise clients on compliance with current immigration
laws, United States Department of Labor regulations governing the employ-ment of foreign nationals in the country and the moveemploy-ment of international personnel under the North American Free Trade Agreement.
The firm has worked with clients in a variety of industries including pharmaceuticals, biotechnology, information technology, manufacturing and higher education, among others.
Mariana and others regularly handle issues on virtually all aspects of temporary and permanent employment-based immigration. This includes assis-tance with different types of visas and work permits and labor certification, outstanding researcher, extraordinary ability and university faculty petitions. The group also works with the firm’s Washington, D.C.- based attorneys Linda Weinberg and Karen McGee on issues related to the transfer of technol-ogy to foreign nationals, and works with clients to obtain the necessary export licenses. ■
For more information on the Immigration Practice Group, contact Mariana Richmond at 317.231.7476or by e-mail atMariana.Richmond@BTLaw.com.
For example, employers should ensure they are cor-rectly completing the I-9 employee verification forms for new employees; consider the benefits and drawbacks of the government’s electronic verification programs; audit and, if necessary, correct employers’ existing I-9 forms; properly respond to “no-match” letters; address immigration risks associated with their temporary staff; and prepare response plans for potential audits or raids. The firm’s compliance program helps employers take these steps. It includes a draft immigration compliance policy; a step-by-step I-9 form procedure to meet the employers’ objectives; an assessment of which electronic verification programs are appropriate for use by the employers; no-match letter response and internal I-9 audit procedures; training; temporary staff solutions; and an audit or response plan. ■
“Blackwater” became a household word after some security contractors hired to protect State Department officials fired weapons during an incident in Iraq. Within a few days, two Barnes & Thornburg LLP lawyers were on the ground in Baghdad, dispatched to defend Blackwater guards who were present during the incident.
As a colonel in the Marine Corps Reserves and a veteran of Desert Storm, Jim Sweeneybrought a wealth of knowledge regarding Iraq, weapons, tactics, rules of engagement and all things military. Joining him wasLarry Mackey,one of the lead prosecutors in the Oklahoma City bombing trials, who brought to Baghdad a keen knowledge of criminal procedure, Federal Bureau of Investigation forensic investigations and complex jurisdictional issues.
Clad in body armor and whisked from site to site by helicopters, Jim and Larry visited the scene, examined evidence and
Reserves Officer, Former Prosecutor
Assist Security Personnel In Iraq
Barnes & Thornburg attorneys Jim Sweeney (left) and Larry Mackey wear body armor in Baghdad, Iraq, while working on legal issues for security personnel.
interviewed witnesses for more than two weeks. Meanwhile, they were supported state side by a team of lawyers who were studying the applicable statutes, treaties, contracts and legal precedent to analyze the complicated issues raised by the case.
H E L P B A C K H O M E
“With web-based IT solutions, we were completely connected with our colleagues back home,” Jim stated. “Not only did we have the full resources of the firm at our fingertips, but we could continue to be available to clients back home if we were needed.”
Larry explained that hundreds of State Department personnel, as well as visiting Congressional delegations, are regularly put in harm’s way as they travel through-out Baghdad. Blackwater personnel, Larry noted, who provide the security to allow these dangerous missions are typically highly trained and decorated
veterans of the United States armed forces. Larry and Jim both said they have been proud to represent these veter-ans, many of whom view their security work as ongoing service to their country.
PA S T I N V E S T I G AT I O N S
Although now primarily a patent litigator, Jim was as comfortable in a high-profile, military-style investigation as he was in his suit of body armor. Among other past investigations, Jim (also a pilot and Naval Flight Officer) provided legal counsel and technical expertise for the Marine Corps during a high-profile wrongful death case stemming from the collision of a Marine EA-6B jet aircraft with gondola cables in Cavalese, Italy, and has been a courts-martial convening authority for the past four years.
Larry served nearly 20 years as a federal prosecutor. He concluded his government service with the Department of Justice after prosecuting the Oklahoma City bombing defendants. He tried both cases and delivered the prosecution’s closing argument inUnited States v. Timothy McVeigh. Larry has been in private practice for 10 years and co-chairs the firm’s White Collar Crime Defense Practice Group.
Among many challenges in the case were navigating the ethical issues of representing multiple clients in the same matter. “One must evaluate the ethical issues carefully on the front end, and spell out in writing the risks and benefits of the joint representation,” Jim observed.
The national media carried an
Associated Press story citing Blackwater’s announcement that it had hired Barnes & Thornburg attorneys to travel to Baghdad to meet the guards. The AP also reported about on-going, closed-door grand jury proceedings in which Jim and Larry have been representing some of the guards in Washington, D.C.
A Norwegian supplier of weapons stations to the United States Department of the Army was represented before the Government Accountability Office (GAO) and the United States Court of Federal Claims by attorneys in Barnes & Thornburg LLP’s Federal Procurement Practice Group after a rival company
protested the company’s $1.4 billion contract.
AttorneysRichard StreeterandScott Pickens of the Washington, D.C., office represented Kongsberg Defence & Aerospace AS, which had successfully bid on produc-tion of Remote Weapons Staproduc-tions for its Common Remotely Operated Weapon Station.
The GAO denied the rival company’s protest, saying that the decision not to select its bid was “reasonable and consis-tent with the request for proposal.”
K O N G S B E R G C A S E
The Kongsberg case is just one example of the various issues that Barnes & Thornburg’s federal procurement attor-neys handle regularly for clients as they assist at every stage of the federal procure-ment process, from contract formation to issues arising during the performance of an awarded contract, according to Richard.
Richard explained that with the United States government spending approximate-ly $200 billion annualapproximate-ly on procuring goods and services, Barnes & Thornburg counts among its capabilities an under-standing of procurement regulations and procedures, which can sometimes be confusing and overwhelming.
G O V E R N M E N T C O N T R A C T S
“Companies, both large and small, who are pursuing government contracts, need to be aware of the unique aspects of doing business with the government,” Scott said. “There are major differences between
Federal Procurement Focus Assists Clients
Norwegian Weapons Stations Supplier Receives
Help With $1.4 Billion Contract
a range of government contract litigation experience involving bid protests, equitable adjustment claims, defective pricing, defective specifications, contract negotiation and protests, federal contract compliance, research and development contracting, technical data rights and breach of contract issues.
“Scott is well recognized in the govern-ment contracting field and his experience can be helpful to clients because of his understanding of how things work in this area,” Richard said, adding that Scott stays updated on changes to the Federal Acquisition Regulations, which is a more than 1,000-page document that governs all government contracting. Scott also serves as a member of the American Bar Association’s Public Contract Law Section and is an elected member of the section’s governing council. ■
doing business in the private sector and doing business with government agen-cies, not the least of which is that there can be severe civil, and even
criminal, penalties for non-compliance with government contracting rules.”
For example, Scott said that unlike commercial contracts, the government generally has the right unilaterally to revise certain details of contract perform-ance, and to audit extensively and inspect aspects of contract performance to ensure compliance with cost and quality specifi-cations. He explained that the federal government also uses its procurement programs to advance various national, social and economic goals, leading to various socioeconomic requirements that are absent in commercial contracts.
“All of these matters can generate a need for advice and counseling, making a government procurement practice impor-tant to clients who are either performing such contracts, or who are interested in offering their products and services to the government,” Scott said.
I N D U S T RY E X P E R I E N C E
Scott brings to Barnes & Thornburg
Barnes & Thornburg attorneys assisted Kongsberg Defence & Aerospace AS with its bid to produce Remote Weapons Stations (pictured above) for the United States Department of the Army.
For more information about the firm’s Federal Procurement Group, go to:
Adam Hollander,Chicago, Litigation and Policyholder Insurance Recovery and Cover-age Group,handles complex civil litigation and helps insurance policyholders with coverage disputes involving first party property, business interruption, third party liability, professional liability and directors and officers cover-age. His clients include world leaders in the chemical, packaging, real estate, banking, pharmaceutical, healthcare, telecommunications, auto part and child product manufacturing industries and in the com-modities and futures markets. Indiana University, B.A., sociology, 1989; DePaul University College of Law, J.D. with honors, 1992.
Brian Kersey,Grand Rapids, Business, concentrates on com-mercial and real estate financing, including commercial loan documentation, syndicated loan transactions (including acting as agent’s counsel), construction lending, lease financing, floor plan financing and the issuance of letters of credit supporting tax-exempt bonds and taxable notes. He does construction lien and general corporate matters. Central Michigan University, B.B.A., finance, 1988; Indiana University, M.B.A., 1996; University of Notre Dame Law School, J.D., 2000.
Glenn Killoren,Elkhart, Business, does general corporate work including mergers and acquisitions, tax and succession planning and corporate finance. He counsels the recreational vehicle industry handling various matters including product liability, intellectual property, regulatory compliance and warranty claims. A portion of his practice involves real estate and estate planning. University of Notre Dame, B.B.A., accounting, 1980; Notre Dame Law School, J.D., 1983.
N E W PA R T N E R S
Jeff Barron,Indianapolis, Patent and Complex Commercial Litigation, litigates patent and complex commercial disputes nationwide. He has litigated cases involving telecommunica-tion services, medical devices, television tuning systems, consumer products and pharmaceutical and biological inventions. Jeff also litigates business disputes and civil fraud claims, including civil claims under the Racketeer Influenced and Corrupt Organizations Act. Indiana University-Bloomington, B.A., economics and a certificate in journalism, 1996; Loyola University Chicago School of Law, J.D.cum laude, 1999.
Mark Crandley,Indianapolis, Litigation, re-joined firm after being City of Indianapolis counsel doing complex civil rights litigation and appeals. Mark clerked for Indiana Supreme Court Justice Frank Sullivan, Jr. He was a judicial intern for United States Southern District of Indiana Judge David Hamilton. Indiana University Bloomington, B.A. with highest honors, 1995; Indiana University School of Law-Bloomington, J.D.summa cum laude, 2000.
Kevin Driscoll,Chicago, Finance, Insolvency & Restructuring, rep-resents secured and unsecured creditors in Chapters 7, 11 and 13 proceedings. Kevin has represented various industries, including manufacturing, enter-tainment, consulting, transportation, real estate, retail, hospitality/travel and finance. He has defended and prosecuted avoidance actions. He has litigated cure claims after lease assumption and fraudulent conveyances, objections to discharge, administrative rent and rejection damage, reclamation, cross-border and other claims. He represents lenders and creditors in state court and out-of-court matters, including lender liability, forbearance, loan documentation and securitization, commercial foreclosures and collec-tions, replevin, detinue accollec-tions, forcible entry and detainers, registration of foreign judgments, ponzi schemes and enforcement of common law and statutory liens. Hispro bono clients have included a
charitable organization of a Grammy®award winning
singer and a documentary film maker whose work was shown at the Sundance Film Festival. University of Illinois, A.B., history, 1992; University of Illinois College of Law, J.D.magna cum laude, 2000.
Mary Jane Frisby,Indianapolis, Intellectual Property, has an intel-lectual property licensing, prose-cution and litigation practice, including advising on copyright eligibility, registration, ownership issues, licensing and infringement investigations. She prosecutes domestic and interna-tional trademark applications, drafts and negotiates intellectual property-related contracts and litigates on copyrights, trademarks, trade dress, domain names, unfair competition, patents and trade secrets. She appears before the Trademark Trial and Appeal Board and in domain name arbitration proceedings under the Uniform Dispute Resolution Policy. Indiana University, B.A. with highest distinction, philosophy and French, 1994; Indiana University School of Law-Indianapolis, J.D.summa cum laude, 2000.
Charla Hausler,Chicago, Litigation, concentrates on com-mercial litigation. She counsels and represents financial institu-tions in litigation involving Regulation CC, Regulation E, Articles 3, 4 and 4A of the Uniform Commercial Code and the National Automated Clearing House Association rules on the Automated Clearing House Network. She counsels on healthcare contract disputes and consumer litiga-tion under the Magnuson-Moss Warranty Act, the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. Charla has significant trial experience, acting as first and second chair in trials and has drafted briefs and argued before the United States Court of Appeals for the Seventh Circuit and the Illinois Appellate Court. University of Illinois, Champaign/ Urbana, B.S., mathematics education, 1992; Valparaiso University School of Law, J.D. summa cum laude, 2000.
Gerry Sweeney,Chicago, Litigation and Intellectual Property, concentrates on com-mercial litigation defending and prosecuting complex contracts, including royalty, software development and services agreements, and obtaining injunctive relief for trade secret misappropriation. He has litigated enforce-ment of long-term 100 percent requireenforce-ments contracts valued in excess of $400 million and Commerce Clause cases overturning state taxing schemes enacted to protect local industries. He has conducted commercial arbitration in Singapore against a utility in Fujian Province in the People's Republic of China. He represents consumer product manufacturers and entertainment companies in copyright and trademark infringement litigation and provides trademark and trade dress counseling and clearance opinions. He also provides counseling and representation in right of publicity matters. In addition, he is actively defending manufacturers in catastrophic product liability claims. DePauw University, B.A.cum laude, English, 1974; John Marshall Law School, J.D., 1979.
N E W O F C O U N S E L
David Hejna,Chicago, Real Estate, concentrates on real estate transactions and counsel-ing with emphasis on structurcounsel-ing, drafting and negotiating leases of all sizes for all property types nationally. He has focused on office leasing for more than 20 years, and has represented clients in major headquarters lease transactions. He has substantial experience with leases for industrial/warehouse/flex-space projects, shopping centers, mixed use properties and out-parcels, including build-to-suit leases. He has contin-ually developed and updated lease forms, work letters and other ancillary forms and compromise clauses. He represents clients for general real estate matters, including brokerage, construction, sales and financings. He has broad experience counseling property and asset managers on managing and owning commercial properties and has resolved
— S e e N e w P a r t n e r s , p a g e 1 4
Heather Nichols,Chicago, Business, concentrates on family office, high-level individual and entity tax planning, estate planning and asset protection planning. She advises clients on philanthropic endeavors, including establishing family foundations and assisting clients with proper entity formation for optimal tax and asset protection results. She worked as an audit manager and tax manager in a Chicago accounting firm. DePaul University of Commerce Strobel's Honors Program, B.S., accounting, 1993; DePaul University, J.D., 1999.
Mark Owens,Indianapolis, Finance, Insolvency and Restructuring and Business, handles business, commercial, bankruptcy and creditors' rights issues, including workouts and loan restructurings; representa-tion of secured and unsecured creditors, creditors' committees, preference defendants, lessors and land-lords in bankruptcy cases; repossessions and general collections; and Uniform Commercial Code issues. Wilkes University, B.B.A.magna cum laude, 1995; Bloomsburg University, M.Ed., 1999; Widener University School of Law, J.D.cum laude, 1999.
Doug Robson,Chicago, Business, concentrates on advanced planning needs of business owners, entrepreneurs and professionals. He combines the disciplines of business and corporate law, estate planning, asset protection and income tax planning to provide comprehensive solutions to business structuring, succession planning and exit strategies. He serves as counsel to businesses, families, family offices, trusts and estates. His prior experience includes financing transactions, leasing, mergers and acquisitions, real estate development and investment and commercial litigation. His clients include publicly traded and closely-held corporations, financial institutions and real estate developers. Indiana University, B.A., political science, 1989; DePaul University College of Law, J.D., 1992.
Alan Martin,Chicago, Policy-holder Insurance Recovery and Coverage Group, concentrates on complex insurance coverage and commercial litigation. His practice includes insurance program development, claim assistance and negotiation, coverage litigation and arbitration —both as counsel and as arbitrator. This work includes antitrust, asbestos, bodily injury and wrongful death, class actions, construction defects, coverage placement, captive programs, directors and officers, employment practices, entertainment, environmental, errors and omissions (professional services), Employee Retirement Income Security Act and fiduciary duty claims, financial institutions, insol-vency and regulatory, intellectual property, mass lia-bility and large-scale property damage and business interruption/extra expense claims. His commercial litigation practice includes joint venture agreements, bank lines of credit, service agreements, breach of warranty and supply agreements and civil Racketeer Influenced and Corrupt Organizations Act and fraud claims. His practice includes product liability, health-care (hospital, nursing facility, physician groups, review firms, support services and products) and toxic torts. University of Illinois, B.A.summa cum laude, political science, 1982; University of Virginia School of Law, J.D., 1985.
Kendall Millard,Indianapolis, Antitrust, Litigation, Intellectual Property, focuses on antitrust and complex commercial litigation. He has represented and advised Fortune 100 companies and trade groups in large commercial disputes involving antitrust, intellectual property and Racketeer Influenced and Corrupt Organizations Act issues. He has tried cases and won appeals for indigent pro bono clients in asylum, housing and family law matters. He studied and taught in Japan, learned Japanese and taught English as a second language at Indiana Purdue University-Indianapolis. Morningside College, B.A.summa cum laude, history and philosophy, 1990; University of Minnesota, M.A., East Asian studies, 1992; Indiana University School of Law-Bloomington, J.D.magna cum laude, 1998.
N E W A S S O C I AT E SChicago Steven Anderson Sendil Devadas Katarzyna Dygas Theodore Koerth Matthew Gregoline Carolyn Metnick Tina Paries Patrick Pocock Prashanthi Rao Shelly Steiner Elkhart Joel Duthie Andrew Namenye Fort Wayne Adam Bartrom Grand Rapids Robert Worthington Indianapolis
Ethel Hong Badawi Lauren Buford Kiamesha-Sylvia Colom Danielle Davis James Hamstra Anne Brant Hayes Joi Kamper Jeanine Kerridge Guna Kirhnere Andrew Kossack Peju Okanlami Patrick Price Ryan Vaughn Sravana Yarlagadda Krista Steinmetz Zorilla
South Bend Stephanie Artnak Joel Bowers Alice Springer Marc Waite Washington, D.C.
Sarah Ilyas Malik
significant disputes with tenants and contractors. University of Michigan, B.A. with distinction, Philosophy, 1974; University of Michigan Law School, J.D., 1978.
Bruce Mills,Indianapolis, Labor and Employment, works with state and federal courts, concern-ing the National Labor Relations Act, employer/employee relation-ships with labor unions, affirma-tive action and employment discrimination. He appears before the National Labor Relations Board, the Office of Federal Contract Compliance Programs, the Equal Employment Opportunity Commission and state and federal courts and agencies. He was selected by the Labor Relations Institute as one of the top 100 labor attorneys in the United States. He worked in corpo-rate management for 15 years and taught at the University of Wisconsin School of Business for 10 years. He consults with employers on human resource issues, including employee handbooks, employee attitude surveys, preparing affirmative action plans, the Americans With Disabilities Act, the Family Medical Leave Act, Consolidated Omnibus Budget Reconciliation Act and the Worker Adjustment and Retraining Notification Act. Indiana State University, B.S., 1968, Indiana State University, M.S., 1971, Indiana State University, Ph.D., 1973, University of Wisconsin-Madison, J.D., 1998.
Christine Orich,Indianapolis, Intellectual Property, prepares and procures patents, negotiates license agreements, information technology contracts and technology-related agreements and counsels on patent and technology-related matters. She has worked on computer-controlled systems, software and hardware, business methods, medical devices and healthcare equipment, process control instrumentation and inventions in the mechanical, computer and electrical arts. She interned as a software developer and analyst at a small start-up company and at IBM Corporation and was an Eli Lilly and Company systems analyst and project leader. Washington University-St. Louis, B.S., system science engineering, 1990; Indiana University School of Law-Bloomington, J.D.cum laude, 1998.
Scott Pickens,Washington, DC, Governmental Services and Finance and Federal Procurement, has wide ranging government contract counseling and litigation experience, including disputes on equitable adjustment claims, defective pricing, bid protests, defective specifications, contract negotiation and protests, federal contract compliance, research and development contracting, technical data rights and breach of contract. Scott is familiar with the Federal Acquisition Regulation cost principles and cost allowability and allocability issues. He counseled a government contractor on solicitation terms and conditions involving a proposal to provide services on operating and managing a government nuclear facility; obtained a $68 million judgment for an aircraft engine company for changes under a fixed priced research and development subcontract on developing an advanced tactical fighter program; obtained a precedent setting decision in a defective pricing case before the Armed Services Board of Contract Appeals clarifying "cost or pricing data" to be disclosed under the Truth in Negotiations Act during contract negotiations; and counseled an aircraft engine manufacturer and resolved govern-ment fraud investigations on allegedly defective engine blades and pricing issues under a preferred supplier program. Cornell University, College of Engineering, B.S. with distinction, 1978; Cornell Law School, J.D.cum laude, 1981.
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Today, this global manufacturing group — with annual revenue of more than $5.9 billion USD — employs 37,000 people across 21 companies.
T E A M A P P R O A C H
“From the very beginning, we took a team approach with our work,” Cathy said. “The company’s general counsel is very sophisticated and knowl-edgeable about mergers and acquisitions, so the client has always been very hands-on in our work together.”
The firm’s work on behalf of Tomkins spans many practice areas and depart-ments, including, among others, mergers and acquisitions in the Business Depart-ment, patent prosecution and commer-cial intellectual property matters in the Intellectual Property Department, commercial disputes in the Litigation Department, and collective bargaining, arbitration and employment law advice in the Labor and Employment Law Department.
S TA B I L I T Y O V E R Y E A R S
Cathy also attributes the success of the relationship to the stability in the team over the years. Tomkins has retained the same general counsel through the duration of the relationship, and the same core group of attorneys has been the service provider.
“Geography has never been the basis for this relationship, which is promising for other groups in the firm with strate-gies to develop similar long-term part-nerships,” she said.
Perhaps the greatest testament to the depth of this relationship is the seminar the firm hosted.
‘ T O M K I N S C O L L E G E ’
Called “Tomkins College,” the multi-day educational event touched on various legal issues important to Tomkins’ businesses and their employees from offices in the United States, Mexico, Canada and the United Kingdom.
Regardless of whether they had worked with Tomkins previously,
various attorneys presented on an aspect of law in which they have substantial experience. Presenters and their
topics included:Dan Gravelyn,antitrust; Cathy Bridge, Kep CarmichaelandJeff Hopper, mergers and acquisitions; Ken Inskeep,litigation;Mike Rosiello, commercial contracting; andRandy Kaltenmark,business entities.
I P, L I T I G AT I O N S P E A K E R S
Select Tomkins executives also spoke. Mike Jones, president of Dexter Axle,
a Tomkins subsidiary, for example and firm litigator Ken Inskeep spoke about litigation. Mike offered his perspective on internal management of the process. In addition, two in-house counsel from Tomkins gave a presentation on intellectual property.
“Their session was a good interplay between a business person and outside counsel,” said Kep Carmichael, a business attorney who serves the Tomkins account. “It highlighted the importance and dynamics of their inter-action, and the participants really seemed to enjoy and learn from the session.”
According to an internal survey conducted by Tomkins, 100 percent of respondents rated the seminar as “good” or “excellent.” The consensus was that
participants took home a better understanding of diverse, yet highly relevant, business concepts.
From the firm’s standpoint, Kep believes these interactions will help attorneys improve their work.
I N S I G H T G A I N E D
“The questions Tomkins’ professionals asked helped us gain insight into the
way they think,” Kep said. “Moving
forward, this will allow our team to fine-tune our approach.”
Dan Gravelyn, chair of the Antitrust and Trade Regulation Practice Group, traveled from the firm’s Grand Rapids office to present. While Dan had not consulted the company before the seminar, he appreciated the chance to meet more Tomkins employees and better
under-stand the business. “Tomkins College demonstrated that we are here to provide guidance, answers and service across a broad range of topics,” Kep said. “While this seminar was specifically tailored to the company’s unique business needs, it is a model that can be applied to other clients.” ■
Ken Inskeep T O M K I N S P L C — C O N T I N U E D F R O M P A G E 1
Looming on the horizon are the often discussed, but yet undetermined changes to governmental climate policies. Regard-less of the policies enacted, there will be endless possibilities for companies to be responsive and also pursue business opportunities associated with “green” customer expectations. Attorneys in Barnes & Thornburg LLP’s Climate
Change Practice Group are already actively counseling clients on various interrelated climate change issues.
Comprised of attorneys from diverse practice areas, the climate change group is providing counseling on the emerging regulatory environment, how businesses can improve their own operations to limit the negative effects on the environ-ment and how companies can formulate strategies around business opportunities associated with these issues.
“We are working with companies to help them understand how climate change issues could affect all areas of their work,” saidFred Andes,co-chair of the Climate Change Practice Group. “What we are saying to clients is, ‘From a busi-ness standpoint, what are all the aspects of this issue that you need to consider?’”
I N I T I AT I V E S D E V E L O P E D
Climate change is a topic that has gained prominence with increasing public debate about the science of global warming. Regardless of the controversy, however, local, state, regional and feder-al initiatives are being developed to address climate change issues.
While there is no regulatory scheme in place that addresses the issue, the firm’s attorneys and Federal Relations Group in Washington, D.C., are moni-toring potential movement to develop and change regulations. The Federal Relations Group also is monitoring key state and federal legislation related to the
same topic, Fred said.
In addition to staying informed on the regulatory side, Barnes & Thornburg is working with clients on how to improve their operations in a “green” world.
WAT E R P R A C T I C E
The firm’s Environmental Department is counseling on how climate change may implicate air, water and other liabil-ity areas of concern. In fact, the firm’s national water practice attorneys have advised a number of municipalities, including in the Northeast and North-west areas of the United States, on adop-tion of wastewater discharge standards as state governments are instituting their own climate regulations. Likewise, the firm’s Energy, Telecommunications, Transportation and Utilities Department provides advice to utility and transporta-tion clients about how to comply with the strict standards associated with climate change.
Intellectual Property attorneyGrant Peters, co-chair of the climate change group, works with clients who are engaged in clearing and protecting trademarks to develop branding around “green” and sustainable products and service. Similarly, Grant said that companies also are filing patents for products and systems that solve the problems created by the demand for greener and more sustainable products.
PAT E N T S F I L E D
“Clients are actively filing patents for products that people may eventually find to be an appealing alternative in a more environmentally conscious world,” Grant said. “Barnes & Thornburg has a great team of attorneys with a wide array of legal expertise who complement each other to help clients with these issues.”
Grant has provided, for example, intellectual property protection for a “green” client who produces recycling containers that are currently placed in Millennium Park in downtown Chicago. Other clients, Grant explained, need help protecting inventions which reduce energy consumption, conserve the energy used, as well as systems that are used to produce clean energy.
Another area of the firm’s work in the green industry deals with
construction issues related to Leadership in Energy and Environmental Design (LEED) certification and “green” projects. Clifford Shapiro and other
attorneys in the Construction Law Practice Group have experience with LEED projects and certifica-tion. Firm attorneys, includingNellie Vogel andMike Watkins, assisted a residential developer client in acquiring property and handling other issues related to developing a “green” community. ■
Mike Watkins Fred Andes
Lawyers From Diverse Areas Counsel
On Climate Change Issues
More information about the Climate Change Practice Group is available by contacting co-chairs Fred Andes atFredric.Andes@BTLaw.comor Grant Peters atGrant.Peters@BTLaw.com.