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August 20, 2008
LexisNexis published Kyle C. Bisceglie's Expert Commentary on privilege issues, employer-employee disputes and ediscovery under New York law. Entitled "Privilege Issues in E-discovery under New York Law in Scott v. Beth Israel Medical Center Inc.," the article discusses the Scott ruling that an employee's and his counsel's e-mails sent through the employer's email system with knowledge of the employer's policy prohibiting personal use waived the attorney-client privilege.
August 11, 2008
On today's CNBC's Street Signs, Aliza Herzberg commented on Fortress Investment Group's plans to keep its top trader by granting him $300 million in company shares. Click here to view the clip.
August 9, 2008
Bloomberg ran an article after the stockholders meeting of Aderans Holdings in Tokyo, which was held to elect new directors following the incumbent board's ouster in May 2008. A Steel Partners executive was elected to the Aderans board. Steve Wolosky, Kenneth Silverman, Johnathan Duncan and Denise Wahba represent Steel Partners Japan in the Aderans matter.
August 5, 2008
Led by Thomas Fleming, our litigation team recovered a verdict of $7.2 million on behalf of a boutique investment banking firm, after trial in federal court in Connecticut. The case vindicated our client's contractual right to fees earned under an exclusive investment banking agreement, involving a series of complex financing transactions.
August 5, 2008
Randy Friedberg was quoted as an expert in an article that appeared in E-Commerce Times about Dell and its attempt to trademark "cloud computing" and seeking the right to use the term while prohibiting others.
August 3, 2008
The New York Times featured an article about Madison Equities and its new condominium building on Irving Place near the famously private Gramercy Park. Thomas D. Kearns and Karline Wilson represented Madison on the acquisition and financing of 57 Irving Place.
August 1, 2008
Olshan announced today the expansion of its Litigation practice with the addition of Allen R. Wolff, as a partner. Allen concentrates in commercial, construction and insurance litigation.
August 2008
The August 2008 issue of Journal of Taxation of Investments included an article by Barry L. Salkin entitled "Client Company Liability for Employment Taxes If a Professional Employer Organization Is Unable to Pay" which addresses the issues of whether a PEO is liable for back federal payroll taxes once it has filed for bankruptcy protection.
July 30, 2008
It was reported in a follow-up article that a former U.S. executive of Qantas Airways Limited has been sentenced to six months in a U.S. prison -- two months less than the eight months sought by the Government -- for price-fixing within the airline industry. The article in the The West Australian quotes the sentencing submission of Jeffrey Udell and Thomas Fleming, who represent the executive.
July 21, 2008
New York Magazine ran a story on chef Michael White and partner Chris Cannon opening a high-end Italian seafood restaurant, Marea, in the old San Domenico space at 240 Central Park South. Samuel P. Ross and Jessica A. Berets represent the landlord on the new lease.
July 21, 2008
Randy Friedberg was quoted as an expert in a follow-up article that appeared in The Miami Herald about the intellectual property aspects of a new company's attempt to clone Apple's computers and the recent lawsuit launched by Apple. He was also quoted in the original article which ran in the Herald on May 2, 2008.
July 18, 2008
The Wall Street Journal (subscription required) ran an article on Olshan's client, Steel Partners, and its strategy regarding investments in Japan and the hiring of Mark O'Friel, a veteran Wall Street banker and Japan expert, to run its Japanese business. Steve Wolosky and Kenneth Silverman are the partners representing Steel Partners Japan.
July 14, 2008
Derivatives Week published an article entitled "The CSX Ruling Impact on Swaps" written by Steve Wolosky, Kenneth Silverman and Ron Berenblat. The article discusses the decision in CSX Corporation v. The Children's Investment Fund Management (UK) LLP, et al., regarding the use of equity swaps by activist shareholders to build ownership positions in their portfolio companies.
July 14, 2008
LexisNexis published an additional Expert Commentary authored by Kyle C. Bisceglie entitled "New York Court of Appeals Okays Claim for Conversion of Electronic Data". The article discusses the Court of Appeal's decision in Thyroff v. Nationwide Mutual Insurance Company which allows claims for conversion of computerized electronic records.
July 14, 2008
The Wall Street Journal discussed Western Investments' challenge to Cohen & Steers Inc. in its article on by-law amendments arising out of recent court decisions involving complex stock ownership arrangements by activist investors. See our Client Alert on the recent CSX decision. Steve Wolosky and Adam Finerman represented Western on the Cohen & Steers investments.
July 11, 2008
Robert L. Frome will serve as a moderator at "The Future of the SPAC Market: Fall 2008" conference sponsored by the Tonkin Corporation on October 27, 2008 in Boston. Bob will lead the panel discussion on the topic, "Discovering alternative structures to SPACs: Panel Discussion." In addition Kenneth A. Schlesinger will separately be presenting the topic, "Keeping your SPAC alive in the current market by following proven examples."
July 9, 2008
Aliza F. Herzberg was a featured expert in today's Progressive Business Conferences on PTO Banks: Control Unscheduled Absenteeism & Improve Productivity.
July 8, 2008
Olshan's client Steel Partners, the largest shareholder in Japanese brewer Sapporo, recommended that the company engage advisors to help Sapporo improve shareholder value because the company's earnings have deteriorated. The announcement comes after a long standoff regarding Steel Partners' proposal to increase its ownership of Sapporo. The Daily Deal and Reuters, among other media, reported on the story. Steve Wolosky, Ken Silverman and Johnathan Duncan comprise the Olshan team.
July 7, 2008
Randy Friedberg was quoted as an expert in a cover article that appeared in the July 7 issue of CosmeticNews (subscription required) about the international implications of the French court decision to hold eBay directly responsible for selling counterfeit products from luxury-goods house LVMH.
July 2, 2008
The New York Law Journal (subscription required) featured an article about the closing of the financing for Kaufman Astoria Studios plans to create a $15 million, 18,000 square-foot soundstage across the street from its existing studios between 34th and 35th Avenues. The financing included a $10 million construction loan with Signature Bank and EDC and ESDC loans and grants. Thomas D. Kearns and Karline N. Wilson represent Kaufman Astoria Studios.
July 2008
LexisNexis published Kyle C. Bisceglie's most recent Expert Commentary entitled "New York Legislature Extends Limits of New York's Personal Jurisdiction Statute to Permit Declaratory Actions in New York of Enforcement of Foreign Libel Judgments." The article discusses the Court of Appeal's decision in Ehrenfeld v. Mahfouz, and the legislative response in passage of the New York Libel Protection Act.
July 2008
Victor M. Rosenzweig is a Contributing Editor and a Member of the Advisory Board of Securities Regulation Law Journal. His latest quarterly survey of SEC Rulemaking and Major Appellate Decisions was published in the Summer 2008 edition of the Journal.
June 30, 2008
The Financial Times ran an article regarding our client, Steel Partners Japan, and its win of a board seat on Aderans' board. Steel Partners Japan is Aderans' largest shareholder and led the movement previously to defeat the incumbent board's re-election in May 2008. This board seat win is the first time that a foreign investment fund has succeeded in both ousting the management of a Japanese company and having one of its own representatives join the board. Steve Wolosky, Kenneth Silverman, Johnathan Duncan and Denise Wahba represent Steel Partners Japan in the Aderans matter.
June 25, 2008
Today's New York Post quotes a Client Alert prepared by Steve Wolosky, Ken Silverman, Ron Berenblat and Jason Soncini on the recent CSX Corporation v. The Children's Investment Fund Management (UK) LLP on using equity swaps for activist shareholders to build ownership positions in their portfolio companies. The Client Alert was also discussed in the Deal Book of The New York Times.
June 18, 2008
The New York Post (subscription required) ran an article on Olshan's client, Ramius Capital Group, and its dispute with the Board of Directors of CKE Restaurants Inc. The article outlined Ramius' intent to vote against the current CEO, Andrew Puzder, and three other directors at the annual stockholder meeting. Ramius owns 3.6 percent of CKE's stock. CKE owns Hardee's and Carl's Jr. restaurants. Steve Wolosky, Andrew Freedman, Jason Soncini and Amanda Lamson represent Ramius.
June 16, 2008
Landry's Restaurants, Inc., announced a deal with its CEO, Tilman J. Fertitta, to sell the company to an entity controlled by Mr. Fertitta in a transaction valued at $1.3 billion. Steve Wolosky represents the buyer. The lawyers working on the deal include Michael Neidell, Jason Saltsberg and Amanda Lamson on the merger and Adam Finerman and Yehuda Markovits on the financing.
June 11, 2008
The New York Times featured an article about Kaufman Astoria Studios, one of New York City's largest film and television studios, and its plan for a major expansion. The expansion involves city, state and private financing. Thomas D. Kearns and Karline N. Wilson represent Kaufman Astoria Studios in connection with the transactions.
May 29, 2008
The Economist and Barron's (subscription required) reported on the landmark shareholder vote at the annual meeting of Aderans, a wigmaker company in Japan, where the company's proposal to re-elect the CEO and six other incumbent directors was defeated. Olshan client Steel Partners Japan is Aderans' largest shareholder and led the movement to defeat the incumbent board. Steve Wolosky, Kenneth Silverman and Johnathan Duncan represent Steel Partners Japan in the Aderans matter.
May 29, 2008
Olshan's client NuCO2 Inc. and Aurora Capital Group today announced that Aurora completed the acquisition of NuCO2. The transaction was valued at approximately $484 million. Olshan attorneys who worked on the transaction include Corporate: Steve Wolosky, Kenneth Silverman, Michael Neidell, Elizabeth Gonzalez and Robert Koplar; Tax: Nina Krauthamer; Employee Benefits: Manes Merrit and Barry Salkin; Employment Practices: Aliza Herzberg; and Intellectual Property: Randy Friedberg. Robert L. Frome was a director of NuCO2 until the merger.
May 20, 2008
The New York Law Journal featured a column authored by Thomas D. Kearns and Renee Zaytsev on the Solow v. Conseco decision which discusses fairness in conducting auctions of corporate and real estate assets. The column reviews the area and gives practical drafting suggestions using New York's doctrine of specific disclaimers to avoid similar decisions in the future.
May 16, 2008
Randy Friedberg was quoted as an expert in an article that appeared in E-Commerce Times about the Court's vacating the jury verdict in the first file-sharing lawsuit ever to go to trial that found a Minnesota woman liable for swapping two dozen songs and ordered her to pay $222,000 to Capitol Records.
May 13, 2008
Aliza F. Herzberg served as a panelist at the Recruiting 2008 Conference and Expo, which was held in Las Vegas, Nevada. Aliza discussed "lawful recruiting" and how to avoid liability in her session, "Recruiting and The Law: Avoiding Risk During the Hiring Process."
May 12, 2008
The American Lawyer reported on a former U.S. executive of Qantas Airways Limited, and the entering of his guilty plea to price-fixing within the airline industry. Jeffrey Udell represents the executive.
May 9, 2008
Wattles Capital Management settled its proxy dispute with Circuit City resulting in three board seats for Wattles. Simultaneously, Circuit City announced that it is commencing a sale process and has agreed to permit Blockbuster and Carl Icahn to perform due diligence. The results were widely reported including in the Washington Post. Steve Wolosky, Andrew Freedman and Amanda Lamson represent Wattles in the proxy dispute.
May 9, 2008
Crescendo Partners settled its proxy dispute with Charming Shoppes after a Court found for the hedge fund. Crescendo obtained two board seats and an agreement that the existing board chair give up that role. Press reports included an extensive article in The Philadelphia Inquirer. The Olshan team that represents Crescendo includes Steve Wolosky, Andrew Freedman, Jason Soncini and Amanda Lamson. The litigation victory is described below in the news entry for May 1, 2008.
May 9, 2008
Robert L. Frome will be a panelist at the The SPAC Conference 2008 being held in New York on June 4. Bob will discuss the newest innovations in structuring blank check companies and how the latest incarnations are being received by the market in his session, "Structuring Alternatives at the Front End."
May 2, 2008
Randy Friedberg was quoted as an expert in an article that appeared in
The Miami Herald about the intellectual property aspects of a new company's attempt to clone Apple's computers.
May 1, 2008
Our Litigation Group won a significant victory on behalf of Olshan client, Crescendo Partners, a hedge fund. After Crescendo, an investor in Charming Shoppes, Inc., announced that it would run a slate of directors for Charming's Board, the company brought suit against Crescendo in federal court in Philadelphia, seeking to block Crescendo. After an expedited discovery schedule and a preliminary injunction hearing covering a wide range of complex securities and antitrust law issues, our lawyers persuaded the court to reject the company's claims in all respects. The Wall Street Journal and The New York Post, among other media sources, covered the case. The team handling this litigation includes Thomas Fleming, Jeffrey Udell, Joshua Androphy and Renee Zaytsev. Steve Wolosky was the lead corporate attorney assisted by Andrew Freedman. Raphael Katz, Michael Regan and Peter Sartorius assisted the team.
May 2008
Victor M. Rosenzweig is a Contributing Editor and a Member of the Advisory Board of Securities Regulation Law Journal. His latest quarterly survey of SEC Rulemaking and Major Appellate Decisions was published in the Spring 2008 edition of the Journal.
May 2008
The May 2008 issue of PEO Insider included an article by Barry L. Salkin entitled "Nondiscrimination Testing Issues: Providing Different Benefits and Features to Employees of a Client Company Under 401(k) and Cafeteria Plans" which addresses the issues a PEO should take into account when a company wants differentiation in providing benefits to its employees.
April 21, 2008
Olshan announced today the expansion of its Litigation practice with the addition of Kyle C. Bisceglie, as a partner, and Howard J. Smith, III, as an associate. Mr. Bisceglie maintains a national practice counseling domestic and foreign corporations, partnerships and individuals in complex commercial and financial litigation, alternative dispute resolution and business advice including risk analysis and litigation avoidance.
May 2008
LexisNexis published Kyle C. Bisceglie's most recent Expert Commentary as part of its New York Civil Litigation Practice Series entitled "Application of New York's Long Arm Statute to Professional Fee Disputes." The article discusses the implications of the New York Court of Appeal's decision in Fischbarg v. Doucet.
April 16, 2008
Omnispective Management's lease with AQ Kafe at 1800 Broadway at Columbus Circle was reported by Crain's New York Business (subscription required). The tenant is a casual restaurant created by one of the owners of Aquavit. Sam Ross and Jessica Berets represented Omnispective.
April 7, 2008
The Wall Street Journal (subscription required) ran an article on page one of the Money & Investing section on activist investors and proxy fights which discusses three activist deals Olshan handled for Crescendo Partners. Steve Wolosky, Andrew Freedman, Jason Soncini and Amanda Lamson represent Crescendo Partners in connection with its activist positions in publicly traded US companies.
April 3, 2008
The Wall Street Journal (subscription required) ran an article updating the battle our client, Wattles Capital Management LLC, is waging with respect to its investment in Circuit City. Steve Wolosky, Andrew Freedman and Amanda Lamson represent the investor.
April 2, 2008
Our litigation group won a precedent setting reversal in the U.S. Court of Appeals for the Second Circuit, which reinstated a lawsuit brought by our client, former Iona College assistant basketball coach Craig Holcomb, who charges that he was fired because of his interracial marriage. In its ruling, the court noted: "We hold, for the first time, that an employer may violate Title VII if it takes action against an employee because of the employee’s association with a person of another race." The reversal was covered in the New York Law Journal, New York Daily News and the New York Post (subscriptions required). The Olshan team that represents Craig Holcomb includes Jeffrey Udell, Thomas Fleming and Nahum Palefski.
March 28, 2008
The Daily Deal (subscription required) reported on the involuntary bankruptcy petition against PacificNet Inc. Olshan represents petitioners Whalehaven Capital Fund, LTD, Alpha Capital AG and Iroquois Master Fund in this involuntary petition and Adam Friedman serves as lead counsel.
March 20, 2008
A record label owned by Christopher "Ludacris" Bridges announced today a partnership with MegaMobile TV to launch WeMIX.com, a website for aspiring artists and producers. Olshan represents WeMIX; the corporate side was handled by Robert Friedman, Johnathan Duncan and Kenneth Mantel. Randy Friedberg handled the intellectual property and entertainment issues.
March 7, 2008
The Sacramento Bee published an article on Olshan's client Steel Partners and its successful negotiations with GenCorp. The author summarized the settlement by writing: "GenCorp is now in the grip of a stunningly effective New York hedge fund that took over without firing a shot." Steve Wolosky, Ron Berenblat, Michael Neidell, Jason Soncini, Jesse Hofrichter and Ryan Replogle comprised Olshan's team handling the GenCorp matter.
March 7, 2008
The Lion Fund, L.P.
announced today that it has won two board seats at The Steak n Shake Company annual meeting. Steve Wolosky, Ron Berenblat, Jason Soncini and Jesse Hofrichter represented The Lion Fund, L.P. in the proxy solicitation.
March 4, 2008
Olshan was a proud sponsor of the 20th Anniversary Gala Dinner honoring the founding of The Lower East Side Tenement Museum and our clients Bruce Menin of Crescent Heights and Alex and Zina Sapir of The Sapir Organization.
March 1, 2008
Today's New York Post ran an extensive article on the activist investment of our client Mark Wattles in Circuit City. Steve Wolosky, Andrew Freedman and Amanda Lamson represent the investor.
February 13, 2008
On today's CNBC's Street Signs, Aliza Herzberg was interviewed extensively on Skadden Arps' Insider Blog female associate contest. She commented on Skadden's response to the contest, its implications, and the broader implications of employee sponsored blogs. Click here to view the clip.
February 8, 2008
Ron S. Berenblat, a partner in our Corporate Group, co-authored an article with representatives of XRoads Solutions Group titled "Hedge Fund Evolution: What to Look for in a Changing Environment" which details the history and purpose of Hedge Funds.
February 7, 2008
PrivateRaise.com released its rankings of leading law firms handling PIPE transactions in 2007. Olshan was tied for 20th in the U.S. based on the number of deals handled, on par with much larger firms including Cooley Godward, Dorsey & Whitney and McDermott Will & Emery.
February 7, 2008
The New York Times reported on a joint venture by Empire Resorts and the owners of the Concord Hotel, developers Louis J. Cappelli and Scott Rechler, to rebuild the Concord Hotel. The Olshan team that represents Empire Resorts in this venture include Robert H. Friedman, Jason S. Saltsberg, Erik D. Syvertsen, Eric L. Goldberg, David J. Weisz and Hyman Kindler.
January 2008
According to a January 2008 report issued by FactSet SharkWatch, a firm that provides research on corporate activism and proxy fights, two of Olshan's activist hedge fund clients, Steel Partners II, L.P. and Ramius Capital Group, L.L.C., were listed as among the most prolific activist investors of 2007. The study is based upon a number of factors, including the number of publicly disclosed activist campaigns waged and the ability to effect change at targeted companies.
Of the 50 activist investors researched in the study, Steel Partners was the most prolific, according to the report, launching 14 activist campaigns including non-U.S. targets. Ramius Capital announced the most campaigns against U.S. companies with 10, according to the report. The referenced study was also mentioned by a number of media outlets, including Reuters and NY Times DealBook. Olshan represented Steel and Ramius on all of the matters referenced in the report.
January 2008
Mann on the Street, a monthly magazine covering Wall Street, featured a cover story on the Olshan Corporate Group in its January issue. The article highlighted our activist shareholder, M&A, capital raising and general corporate specialties.
January 30, 2008
It was
announced today that Olshan’s client NuCO2 Inc., the leading and only national provider of bulk CO2 products and services to the U.S. fountain beverage industry, in its merger agreement to be acquired by Aurora Capital Group, a Los Angeles-based private equity firm. The transaction is valued at approximately $487 million and is subject to customary closing conditions. Olshan attorneys who worked on the transaction include Corporate: Steve Wolosky, Kenneth Silverman, Michael Neidell, Elizabeth Gonzalez and Robert Koplar; Tax: Nina Krauthamer; Employee Benefits: Manes Merrit and Barry Salkin; Employment Practices: Aliza Herzberg; and Intellectual Property: Randy Friedberg. Robert L. Frome is a director of NuCO2.
January 23, 2008
Olshan represented Ramius Capital Group in two recent election contests involving A. Schulman, Inc., a leading international supplier of high-performance plastic compounds and resins, and Datascope Corporation, a medical device company that develops, manufactures and markets proprietary products for clinical health care markets. We provided end-to-end strategic advice throughout the various stages of the election contests, including preparation of the nomination letters and an array of SEC filings relating to the proxy solicitations, assistance with the PR and letter-writing campaigns and strategic guidance in garnering the support of independent proxy advisory firms, such as ISS Governance Services and Glass-Lewis. Both of Ramius Capital Group's nominees, Michael Caporale, Jr. and Lee Meyer, were elected by the shareholders of Schulman to serve on its Board of Directors at its 2007 Annual Meeting. Ramius Capital Group was successful in obtaining board representation for one of its nominees, Dr. David Dantzker, at Datascope Corporation's 2007 Annual Meeting. Steve Wolosky, Andrew M. Freedman, Jason W. Soncini and Amanda S. Lamson worked on the elections.
January 17, 2008
The Real Estate Guide of today's New York Post (subscription required) detailed three articles that referenced Olshan. Nina Roket was quoted as an expert in two separate articles on industry issues. Thomas D. Kearns, Eric L. Goldberg, Sam Ross and Nahum M. Palefski handled the acquisition, financing and joint venture for Madison Equities condominium development project in Chelsea, which was credited with three celebrity penthouse buyers.
January 14, 2008
Thomas D. Kearns regularly writes on topics of interest to our clients. His most recent topic discusses how to prepare to exercise "shotgun" buy/sell clauses.
January 10, 2008
AmCOMP Incorporated, an insurance holding company, announced a definitive merger agreement with Employers Holdings, Inc., under which Employers will acquire 100% of AmCOMP’s outstanding stock and its subsidiaries for $194 million in cash. David Adler, Ken Schlesinger, Jonathan Deblinger, Denise Wahba, Erik Syvertsen and Ryan Replogle comprised the corporate team representing AmCOMP, with important contributions from Nina Krauthamer and Manes Merrit.
January 2, 2008
Olshan announced today that Michael R. Neidell and David J. Weisz have been named partners in our Corporate and Real Estate Groups respectively.
December 1, 2007
Robert L. Frome was quoted in an article (subscription required) published in the December issue of Mergers & Acquisitions: The Deal Maker's Journal discussing mixed results of several recent M&A deals.
December 2007
Victor M. Rosenzweig is a Contributing Editor and a Member of the Advisory Board of Securities Regulation Law Journal. His quarterly survey of SEC Rulemaking and Major Appellate Decisions was published in the Winter 2007 edition of the Journal.
December 2007
Barry L. Salkin recently authored two articles addressing matters in the realm of employee benefits. "Addressing the Tip Tax in the CSA with Restaurant Clients" (December 2007 issue of PEO Insider) focuses on tips in the restaurant industry and "The Impact of PEO Arrangements on Business Credits, Deductions, and Other Business Benefits" (NAPEO Legal Review, December 2007) discusses potential difficulties for small businesses using a PEO.
November 13, 2007
Aliza F. Herzberg lectured at the Recruiting 2007 Conference and Expo which was held in Orlando, FL. She discussed the practice of "lawful recruiting" and how to avoid liability in her session, "Recruiting and The Law: Avoiding Risk During the Hiring Process."
November 7, 2007
Randy Friedberg was quoted in an article on msn.com about the legal and public relations consequences for celebrities and media outlets when celebrities make controversial statements.
November 2007
Aliza F. Herzberg was quoted in an article in Workforce Strategies published by The Bureau of National Affairs, Inc., "Noncompetition Agreements: Protecting Proprietary Information With Enforceable Restrictive Covenants."
October 25, 2007
Barron's reported on the investments by Olshan's client Steel Partners in IKON Office Solutions. Olshan represented Steel in the negotiation of a confidentiality agreement intended to allow Steel and IKON to review the feasibility of a recapitalization. The article also discussed Steel's involvement with Bairnco and Stratos International which were also handled by Olshan. Steve Wolosky and Ron Berenblat represent Steel in the IKON matter.
October 25, 2007
Kensey Nash Corporation announced that it has reached agreement with Ramius Capital Group, L.L.C. regarding Board seats for Ramius. Steve Wolosky, Andrew Freedman and Jason Soncini represent Ramius in the Kensey matter.
October 24, 2007
GlobeSt.com reported that JEMB Realty had refinanced Herald Towers, the trio of 25-story towers at 50 West 34th Street, for $250 million. Nina Roket and David J. Weisz represented JEMB in the deal.
October 23, 2007
Ramius Capital's proxy contest to appoint four board members to Luby's restaurant chain was highlighted in a Wall Street Journal article (subscription required) today. Steve Wolosky, Yehuda Markovits and Andrew Freedman represent Ramius in the Luby's matter.
October 11, 2007
Thomas D. Kearns will be presenting the Real Estate for Corporate Counsel workshop for the New York State Bar Association's
Corporate Counsel Institute on October 11-12, 2007.
October 3, 2007
Aliza Herzberg was interviewed extensively by several media outlets after the verdict of the sexual harassment and retaliatory termination case involving the New York Knicks and Madison Square Garden was announced. She appeared on CNBC's Street Signs, NPR Morning Edition and was also quoted by the New York Daily News.
September 24, 2007
Steve Wolosky, Sam P. Ross, Victor M. Rosenzweig, Thomas D. Kearns, Eric L. Goldberg, Warren R. Gleicher, Robert L. Frome, Randy M. Friedberg, Michael S. Fox, and Thomas J. Fleming have been selected by Super Lawyers.® The announcement was in a special supplement to The New York Times on September 21, 2007 and in New York Super Lawyers Magazine. (See our advertisement.) The designation was made after independent research and is limited to leading New York lawyers.
September 21, 2007
Olshan's client, Everlast Worldwide, Inc.,
announced today that it closed a $185 million merger with Brands Holdings Limited. Robert H. Friedman, Ken Schlesinger, Jason Saltsberg and Denise Wahba served as counsel to Everlast Worldwide, Inc. on the corporate side. Important contributions were also made by Randy Friedberg, Nina Krauthamer, Manes Merrit, Aliza Herzberg and Hyman Kindler.
September 12, 2007
Randy Friedberg, head of the Firm's Intellectual Property Group and member of Breakfast Network, was interviewed at length on the Breakfast Network radioblog about intellectual property risks for small start-up businesses.
September 5, 2007
Today's New York Law Journal headlined the sale by the Korein family of 295 Madison Avenue to the Moinian Group. Sam Ross, Warren Gleicher, David J. Weisz and Nahum Palefski of Olshan represented the Korein family.
September 2007
We are pleased to announce our first year associate class that joined us in September: Jesse A. Hofrichter, Benjamin N. Cardozo School of Law; Amanda S. Lamson, Georgetown University Law Center; Ryan S. Replogle, Washington University School of Law; Erik D. Syvertsen, Benjamin N. Cardozo School of Law; Renée M. Zaytsev, Georgetown University Law Center.
September 2007
The September 2007 issue of Practical Tax Strategies included an article by Barry L. Salkin, of counsel in the Employee Benefits group, entitled "Deferred Compensation - Final Regs. are Highly Detailed (Part II)" which discusses complex issues in designing flexible nonqualified deferred compensation arrangements that achieve tax deferral under Section 409A.
September 2007
The September 2007 issue of PEO Insider included an article by Barry L. Salkin, of counsel in the Employee Benefits group, entitled "Can Partners and 2 Percent Shareholders in S Corporations Participate in PEO 125 Plans?" which discusses professional employer organizations (PEOs) and eligibility of participation in cafeteria plans set under Code Section 125.
August 31, 2007
Today's New York Law Journal reported a Kings County Surrogate's Court order enforcing provisions in the Will of a late Olshan client that prohibited the Will's beneficiaries from contesting the Will in any way on pain of disinheritance. Judicial opinions on in terrorem clauses are rare. The Will's beneficiaries engaged in discovery outside the statutory protections that allow a beneficiary to undertake a limited investigation of a Will's validity without triggering its in terrorem clause. The Court upheld Olshan's Will and revoked the client's bequest to that beneficiary. Olshan partner Warren R. Gleicher drafted the Will at issue, including the in terrorem clauses, and Olshan associate Jack M. Kint, Jr. represented the executrix on her petition to enforce those clauses.
August 27, 2007
Mergent, Inc. and Ryan ALM announced the introduction of the Ryan/Mergent Treasury Ladder indices that are licensed to PowerShares as the basis for a family of Treasury Ladder ETFs. Randy Friedberg, head of the Firm's Intellectual Property Group, acted as counsel for the licensor.
August 24, 2007
Randy Friedberg, head of the Firm's Intellectual Property Group, was quoted extensively today on internetnews.com regarding implications of the announcement by Paramount Pictures and DreamWorks they they will forgo BluRay and release all future high-definition dvds exclusively in the HD format.
August 22, 2007
Aliza F. Herzberg was a featured expert in today's Business & Legal Reports' audio conference on Workplace Dress Codes: How to Maintain a Professional-Looking Workforce Without Opening Yourself Up to Employee Complaints and Bias Allegations.
August 7, 2007
The Wall Street Journal Online focuses on issues in the outsourcing industry and highlights the lawsuit filed by Jeffrey A. Udell and Raphael Katz of Olshan on behalf of The Buying Triangle (TBT), a New York-based consulting firm that advises companies on procurement and spending issues. TBT brought suit against Infosys BPO, a subsidiary of Indian outsourcing company Infosys Technologies, for breach of contract, theft of trade secrets and unfair competition. The story was also covered online by Forbes and CNN.
July 26, 2007
Aliza F. Herzberg was a featured expert in Business & Legal Reports' audio conference on workable paid time off (PTO) programs.
July 19, 2007
GlobeSt.com recently reported that JEMB Realty had refinanced 150 Broadway, a 250,000 square foot, 23-story office tower, for $60 million. Nina Roket, David J. Weisz and Karline N. Wilson represented JEMB in the deal.
July 18, 2007
Today's New York Law Journal headlined the sale by a joint venture of Kaufman Organization principals George Kaufman and Bob Savitt and private equity real estate firm KBS Real Estate Advisors to Waterman Interests of 130 Prince Street, an office and retail building in Manhattan's SoHo district, for $112 million. The transaction was also reported in The Real Deal. Thomas D. Kearns of Olshan represented the seller.
July 2, 2007
The Real Deal reported today that a joint venture of the Kaufman Organization and KBS Realty Advisors sold a six-story, landmark building located at 130 Prince Street for $112 million to Waterman Interests. Thomas D. Kearns represented the Kaufman Organization and was co-counsel to the selling joint venture.
June 29, 2007
Olshan's client, Everlast Worldwide, Inc., announced today that it signed an amendment to its definitive agreement with Brands Holdings Limited which increases the merger consideration to $33.00 per share in a transaction valued at $182 million. Robert H. Friedman, Ken Schlesinger, Jason Saltsberg, Denise Wahba and summer associate Marco Santori served as counsel to Everlast Worldwide, Inc. on the corporate side. Important contributions were also made by Nina Krauthamer, Manes Merrit, Aliza Herzberg and Hyman Kindler.
June 22, 2007
Olshan's Litigation and Bankruptcy Groups won a significant victory in the bankruptcy of Regional Diagnostics on behalf of post-confirmation Creditor's Trust. Judge Morgenstern-Clarren sitting in the U.S. Bankruptcy Court for the Northern District of Ohio upheld the Committee's claims against former directors and officers arising out of a failed leveraged buyout. (View decision.) Michael S. Fox, Robert W. Sadowski, Adam H. Friedman, Fredrick J. Levy and Joshua S. Androphy represent the Creditors' Trustee.
June 14, 2007
GlobeSt.com reported that New York-based developer and manager JEMB Realty recently paid $50 million for 190 multifamily units in Regatta Bay, a development in the Chesapeake Bay market. Nina Roket, Eric L. Goldberg and Karline N. Wilson represented JEMB in the purchase.
June 1, 2007
Today's New York Post ran an
article about the campaign by hedge fund Crescendo Partners against the proposed buyout of The Topps Company, Inc. by an investment group that includes Michael Eisner's investment firm Tornante and Madison Dearborn Partners. Steve Wolosky, Andrew Freedman and Richard Lansky from Olshan represent Crescendo, Topp's largest shareholder, in the campaign.
June 1, 2007
On today's CNBC's Power Lunch, Aliza Herzberg was interviewed about the controversy over WalMart's current employment practices. Click here to view the clip. Requires Windows Media Player
June 1, 2007
It was reported that Everlast Worldwide, Inc., the iconic boxing and sporting goods maker, agreed to be acquired by The Hidary Group, a New York-based investment group, in a transaction valued at $146 million. Working on the complex and time sensitive transaction on behalf of Everlast were Robert Friedman, Ken Schlesinger, Jason Saltsberg, Denise Wahba and summer associate Marco Santori on the corporate side. Also providing support were Hyman Kindler, Aliza Herzberg, Nina Krauthamer and Manes Merrit.
June 2007
The Summer 2007 issue of The Journal of Deferred Compensation included an article by one of our senior employee benefits lawyers Barry L. Salkin entitled "Application of Choice of Law Provisions in an ERISA Plan" which discusses the law of fiduciary duty in the bankruptcy context.
May 23, 2007
Reuters reported extensively on the investments in Japan by Olshan's client Steel Partners Japan. Olshan represented SPJ on the tender offers for Japanese circular saw maker, Tenryu Saw Manufacturing Co. Ltd., and sauce maker Bull-Dog Sauce Co. Ltd., as well as with respect to SPJ's other Japanese investments. Steve Wolosky, Kenneth Silverman, Ron Berenblat and Johnathan Duncan represented Steel in the tender offers.
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