Olshan Law News

News

December 18, 2008
Wolosky Obtains SED International Board Seats for Shareholders Led by North & Webster
SED International Holdings, Inc. announced an agreement with Olshan client, the North & Webster Group, that included corporate governance enhancements and Board representation. Steve Wolosky, Andrew M. Freedman, Jason W. Soncini and Amanda S. Lamson represent North & Webster.

December 18, 2008
O'Charley's Inc Announces Second Settlement Agreement with Olshan Client, Crescendo Partners
O’Charley’s Inc., a multi-concept restaurant company with 371 restaurants under three brands, announced another settlement agreement with Olshan client, Crescendo Partners, regarding, among other things, Board representation. Steve Wolosky, Andrew M. Freedman, and Amanda S. Lamson represent Crescendo Partners.

December 17, 2008
Olshan Represents Shareholders for LCA Board Representation
Olshan is representing a group of shareholders led by Dr. Stephen Joffe, a pioneer in laser vision correction, and Craig Joffe in seeking representation on the Board of LCA-Vision Inc., which is based in Cincinnati, Ohio. Dr. Joffe is the founder and former Chairman and Chief Executive Officer of LCA-Vision. Steve Wolosky and Andrew M. Freedman represent the shareholders.

December 11, 2008
Wolosky Serves as Panelist at Bloomberg Activist Seminar
Steve Wolosky served as a panelist at the Bloomberg Activist Investing Seminar discussing "Current Issues and Trends in Institutional Activism," which was co-sponsored by The CLE Institute, New York County Lawyers' Association.

December 2, 2008
NY Times Covers Wolosky Proxy Contest in Netherlands Antilles
The New York Times ran an article on Ramius' proxy contest for Orthofix International, a maker of orthopedic equipment. According to local reports, it is the first proxy contest in the Netherlands Antilles. Steve Wolosky, Andrew M. Freedman, and Jason W. Soncini represent Ramius in the contest.

December 1, 2008
Olshan Victory in 1031 Tax Group Bankruptcy
The Southern District Bankruptcy Court granted Olshan's motion as counsel to the chapter 11 Trustee under which one of the largest secured creditors of the debtors, gave up its deficiency claims, the Trustee maintained the mineral rights in one of the properties, including a share in payments under any future mineral lease. The ruling ended a protracted litigation, bringing much needed funds into the estate. Olshan also secured relief rarely granted outside of a chapter 11 plan, namely a channeling injunction, prohibiting third parties from suing the lender or debtors for certain claims. Michael S. Fox led the Olshan team, which included Christine W. Wong and Renee M. Zaytsev.

November 27, 2008
NY Times Reports on Steel Partners and its Investment in Adaptec
The New York Times ran an article on Olshan's client, Steel Partners, and its investment in Adaptec, a technology company. Steve Wolosky and Ron S. Berenblat represent Steel in Adaptec matter.

November 20, 2008
Kearns and Goldberg Issue Client Alert on Investment Strategies in Weak RE Market
Thomas D. Kearns and Eric L. Goldberg regularly write on topics of interest to our clients. Their most recent Client Alert discusses "Profiting from Strategic Investments in a Weak Real Estate Market."

November 10, 2008
Real Deal Covers Sale by Sun Garage
The Real Deal ran an article on the Sun Garage Company $62.5 million sale to the Rockefeller Group, noticeably increasing its holdings along Seventh Avenue near Times Square. Samuel P. Ross, Thomas D. Kearns and Jessica A. Berets represented Sun Garage Company.

November 10, 2008
Times and Journal Report on Udell Victory for Judge
It was reported in the New York Times and the New York Law Journal (subscription required) that our litigation team won a favorable ruling before the Commission on Judicial Conduct in reducing the penalty for Judge Michael Ambrecht from that recommended by the Commission's Administrator. Jeffrey A. Udell represented the Judge in this case.

November 6, 2008
The Economist Reports on Deal in Japan for Steel Partners
The Economist.com ran an article describing Japanese firms' tradition of cross-shareholdings and Olshan's client Steel Partners' protest to the management of Ezaki Glico, a confectionary company, noting that the firm's cross-shareholdings had eliminated $50m in value. Steve Wolosky, Kenneth M. Silverman and Johnathan Duncan represent Steel in Ezaki Glico matter.

November 5, 2008
Wolosky Leads dELiA*s Sale of CCS to Foot Locker
Olshan client, dELiA*s, Inc., a direct marketing and retail company, announced that it sold CCS business (which includes apparel, footwear, skateboard and snowboard products) to Foot Locker, Inc. for cash price of $103.2 million. The Olshan team includes: Corporate: Steve Wolosky, Michael R. Neidell and Johnathan Duncan; Tax: Nina Krauthamer; Employee Benefits: Manes M. Merrit and Barry L. Salkin; and Employment Practices: Aliza F. Herzberg.

November 5, 2008
Women's Committee hosts "Fall Fashion" Benefit at Bendel's
Cityfeet.com ran an article on the "Fall Fashion" event organized by the Olshan Women's Committee which took place at Henri Bendel. Featured where Abigale Levinson and Karen Reinitz, creators of AKA New York. Donations of gently-used professional clothing were made to benefit Bottomless Closet.

November 3, 2008
Roket Selected As One Of Real Estate NY's Women of Influence
Nina Roket was selected as one of Real Estate New York's Women of Influence for 2008 by Real Estate New York Magazine (November Issue).

October 28, 2008
Wolff Wins Large Construction Defects Insurance Case
Allen R. Wolff won one of Hawaii’s largest insurance coverage cases that involved the Hilton Hawaiian Village, a Waikiki Beach resort, where mold growth was discovered and blamed on construction defects. The subcontractor and another insurer on the project sued Olshan’s client seeking more than $8 million. Wolff won a series of summary judgment rulings in favor of Olshan’s client eviscerating the plaintiff's case.

October 28, 2008
LexisNexis Publishes Bisceglie on Electronic Discovery and Evidence
LexisNexis published Kyle C. Bisceglie's Emerging Issues Commentary entitled "Electronic Discovery, Evidence and Claims in New York". The article outlines all major areas involving and affecting use of Electronically-Stored Information in New York State and Federal Courts.

October 21, 2008
Bloomberg Joins Groundbreaking at Kaufman Astoria Studios
Variety, New York Post and Daily News were among the media reporting on the groundbreaking ceremony for the Kaufman Astoria Studios expansion. In attendance were Mayor Bloomberg, who noted the stage’s significance in his speech, and special guest Elmo. Thomas D. Kearns represents Kaufman Astoria Studios and handled the financing for the expansion.

October 8, 2008
Wolosky and Silverman Discuss Japanese Proxy Solicitations
Steve Wolosky and Kenneth M. Silverman prepared a memorandum for clients summarizing significant aspects of conducting a proxy solicitation involving a Japanese company.

October 8, 2008
Herzberg Serves as Panelist at Recruiting 2008 Expo in Orlando
Aliza F. Herzberg will serve as a panelist at the Recruiting 2008 Conference and Expo, which will be held in Orlando, Florida. Aliza session discusses "lawful recruiting" and how to avoid liability in her session, "Recruiting and The Law: Avoiding Risk During the Hiring Process."

October 3, 2008
Crain's NY reports on Lease for New Hedge Fund
Crain's New York Business.com featured an article about Dabroes Management, a new hedge fund, signing a five-year lease for 12,200 square feet at 1095 Sixth Avenue. Jessica A. Berets represented Dabroes.

September 24, 2008
New York Post Reports on Lexington Avenue Development
Today's New York Post reports on Trevor Davis' purchases of two corner buildings on southeast corner of Lexington Avenue and East 65th Street and his plans for a new development. Eric L. Goldberg, Hyman Kindler and Nahum M. Palefski represent Davis.

September 23, 2008
Wolosky and Finerman Serve as Speakers at Activism Summit
Steve Wolosky will serve as a moderator at today's "IMN's Second Annual Hedge Fund Activism and Shareholder Value Summit" in Phoenix, Arizona. Steve will lead the panel discussion on the topic, "Activism in Asia - Timing and Objectives." In addition Adam W. Finerman will separately be presenting the topic "Has Hedge Fund Activism Gone Too Far? The Case for Tough Love" and representing the hedge fund perspective.

September 23, 2008
LexisNexis Publishes Kyle C. Bisceglie Expert Commentary
LexisNexis published Kyle C. Bisceglie's Expert Commentary entitled "Pleading Fraud against Individual Corporate Officers under New York Law after Pludeman v. Northern Leasing Systems." The article reviews fraud pleading standards in New York state and federal courts.

September 23, 2008
Olshan Represents Top-Rated Zagat.com Newcomer
Zagat.com lists Williamsburg American Walter Foods as a top-rated newcomer. Jessica A. Berets handled the lease for the restaurant.

September 15, 2008
Olshan Welcomes First Year Class
We are pleased to announce our first year associate class that joined us in September: Aneliya S. Crawford, Benjamin N. Cardozo School of Law; Patrick J. Curtis, Washington University in St. Louis School of Law; Michelle K. Marck, Vanderbilt University Law School.

September 12, 2008
Ten Olshan Lawyers Selected as Super Lawyers®
Ten Olshan lawyers were selected by Super Lawyers® for 2008 including first time designee Hyman Kindler. They join prior designees Steve Wolosky, Samuel P. Ross, Victor M. Rosenzweig, Thomas D. Kearns, Eric L. Goldberg, Warren R. Gleicher, Robert L. Frome, Michael S. Fox and Thomas J. Fleming.

September 11, 2008
Olshan Advises Largest Stockholder of Pharmacyclics, Inc.
Olshan advised the largest Stockholder of Pharmacyclics, Inc. which announced successful negotiations resulting in four out of six board members of the board being replaced with the Stockholder's designees, thereby avoiding a proxy contest. Steve Wolosky and Adam W. Finerman represented the Stockholder.

September 5, 2008
PacificNet Settles Involuntary Bankruptcy Successfully
The Daily Deal (subscription required) ran a story on the successful PacificNet settlement of an involuntary bankruptcy and our role as lead counsel for the petitioning bondholders. Adam H. Friedman, Thomas J. Fleming, Michael R. Neidell, Thomas P. Hallinan, Ryan S. Replogle and Howard J. Smith represented the bondholders.

August 31, 2008
Barry Salkin Discusses Employment Tax Liability
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.

August 31, 2008
Rosenzweig Published by Securities Regulation Law Journal
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.

August 20, 2008
Steel Partners in Point Blank Solutions Proxy Victory
The Miami Herald ran an article describing the proxy victory by Olshan's client, Steel Partners, at the annual meeting of stockholders of Point Blank Solutions, Inc., a producer of body armor for law enforcement and the US military. Steel's five director nominees were overwhelmingly elected to the Point Blank Board. Steel sought Board representation after Point Blank rejected Steel's overtures to acquire it. Olshan was able to cause the Delaware Chancery Court to overturn Point Blank's attempt to postpone holding the annual meeting. Steve Wolosky and Andrew M. Freedman handled the corporate aspects and Thomas J. Fleming litigated the Point Blank matter.

August 20, 2008
LexisNexis Publishes Kyle C. Bisceglie's Expert Commentary
LexisNexis published Expert Commentary by Kyle C. Bisceglie 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
Aliza Herzberg Comments on Fortress Investment Group's Plans
On today's CNBC's Street Signs, Aliza F. 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 Reports on Aderans Stockholders Meeting in Tokyo
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 M. Silverman, Johnathan Duncan and Denise Wahba represent Steel Partners Japan in the Aderans matter. Read the article.

August 5, 2008
Fleming Leads Team in Winning $7.2 Million for Investment Firm
Our litigation team, led by Thomas J. Fleming, 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. Read the decision.

August 3, 2008
Kearns and Wilson Represented Madison on 57 Irving Place
The New York Times featured an article about Madison Equities and its new condominium project 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
Allen R. Wolff Joins Olshan's Litigation Practice as Partner
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 1, 2008
Thomas D. Kearns Interviewed on Financing Issues
The Cooperator, a monthly newspaper covering cooperative and condominium issues, features an interview with Thomas D. Kearns on financing issues in its Question and Answer column.

July 30, 2008
West Australian quotes Udell and Fleming on Qantas trial
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 A. Udell and Thomas J. Fleming, who represent the executive.

July 21, 2008
Ross and Berets Represent Landlord for Michael White's Marea
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 18, 2008
Wall Street Journal Reviews Steel Partners' Japanese Investments
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 M. Silverman are the partners representing Steel Partners Japan.

July 14, 2008
Derivatives Week Discusses Equity Swaps by Activist Shareholders
Derivatives Week published an article entitled "The CSX Ruling Impact on Swaps" written by Steve Wolosky, Kenneth M. Silverman and Ron S. 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 publishes Kyle C. Bisceglie's Expert Commentary
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
Wall Street Journal Covers Western's Challenge to Cohen & Steers
The Wall Street Journal discussed Western Investments' challenge to Cohen & Steers Inc. in its article 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 W. Finerman represent Western on the Cohen & Steers investments.

July 11, 2008
Frome to Moderate at Tonkin Corporation's Fall SPAC Conference
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 8, 2008
Media Reports on Steel Partners' Letter to Sapporo
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, Kenneth M. Silverman and Johnathan Duncan comprise the Olshan team.

July 1, 2008
Victor Rosenzweig Published by Securities Regulation Law Journal
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
Wolosky Helps Steel Partners Win Aderans Board Seat
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 M. Silverman, Johnathan Duncan and Denise Wahba represent Steel Partners Japan in the Aderans matter.

June 25, 2008
NY Post Quotes Olshan on Use of Swaps by Hedge Funds
Today's New York Post quotes a Client Alert prepared by Steve Wolosky, Kenneth M. Silverman, Ron S. Berenblat and Jason W. 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 16, 2008
Wolosky Represents Buyer of Landry's Restaurants for $1.3 billion
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 R. Neidell, Jason S. Saltsberg and Amanda S. Lamson on the merger and Adam W. Finerman and Yehuda Markovits on the financing.

June 11, 2008
New York Times Covers Kaufman Studios Expansion
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.

June 2, 2008
Nanes Delorme Settlement Covered in Oil and Gas Investor
Oil and Gas Investor This Week (subscription required) ran an article on the settlement between VAALCO Energy, Inc. and, our client, Nanes Delorme I LP, ending Nanes'proxy contest. Steve Wolosky, Adam W. Finerman, Jason W. Soncini and Jesse A. Hofrichter represent Nanes Delorme I LP.

May 31, 2008
Rosenzweig Published by Securities Regulation Law Journal
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 29, 2008
Olshan's Client NuCO2 Inc. Finalizes $487 Million Merger
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 M. Silverman and Michael R. Neidell; Tax: Nina Krauthamer; Employee Benefits: Manes M. Merrit and Barry L. Salkin; and Employment Practices: Aliza F. Herzberg. Robert L. Frome was a director of NuCO2 until the merger.

May 20, 2008
New York Law Journal Features Column by Kearns and Zaytsev
The New York Law Journal featured a column authored by Thomas D. Kearns and Renee M. 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 13, 2008
Herzberg Serves as Panelist at Recruiting 2008 Expo in Las Vegas
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
American Lawyer Reports on Qantas Executive Represented by Udell
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 A. Udell represents the executive.

May 9, 2008
Frome Serves as Panelist at SPAC Conference 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 9, 2008
The Philadelphia Inquirer Reports on Crescendo Board Seat Win
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 M. Freedman, Jason W. Soncini and Amanda S. Lamson. The litigation victory is described below in the news entry for May 1, 2008.

May 9, 2008
Washington Post Reports on Wattles Proxy Settlement
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 M. Freedman and Amanda S. Lamson represent Wattles in the proxy dispute.

May 1, 2008
Bisceglie Expert Commentary Published by LexisNexis
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.

May 1, 2008
Several Media Sources Cover Olshan's Victory for Crescendo
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 J. Fleming, Jeffrey A. Udell, Joshua S. Androphy and Renee M. Zaytsev. Steve Wolosky was the lead corporate attorney assisted by Andrew M. Freedman. Michael P. Regan and Peter M. Sartorius assisted the team.

April 21, 2008
Olshan Expands Litigation Practice
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.

April 16, 2008
Ross and Berets Lease Columbus Circle Restaurant
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. Samuel P. Ross and Jessica A. Berets represented Omnispective.

April 7, 2008
The Wall Street Journal Highlights Three Activist Matters
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 M. Freedman, Jason W. Soncini and Amanda S. Lamson represent Crescendo Partners in connection with its activist positions in publicly traded US companies.

April 3, 2008
The Wall Street Journal Updates on Circuit City Battle
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 M. Freedman and Amanda S. Lamson represent the investor.

April 2, 2008
Several Articles on Litigation Group's Reversal in Iona Lawsuit
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 employeeâ€™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 A. Udell, Thomas J. Fleming and Nahum M. Palefski.

March 28, 2008
Daily Deal Reports on Involuntary Petition Against PacificNet
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 H. Friedman serves as lead counsel.

March 20, 2008
Olshan's Client WeMIX is Launched by "Ludacris" Label
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 H. Friedman, Johnathan Duncan and Kenneth S. Mantel.

March 7, 2008
Wolosky Represents Lion Fund in Proxy Solicitation
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 S. Berenblat, Jason W. Soncini and Jesse A. Hofrichter represented The Lion Fund, L.P. in the proxy solicitation.

March 4, 2008
Olshan Sponsors Dinner Honoring Tenement Museum
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
New York Post Covers Circuit City Matter
Today's New York Post ran an extensive article on the activist investment of our client Mark Wattles in Circuit City. Steve Wolosky, Andrew M. Freedman and Amanda S. Lamson represent the investor.

February 13, 2008
Herzberg Interviewed on CNBC's Street Signs
On today's CNBC's Street Signs, Aliza F. 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
Berenblat Co-Authors Article on Hedge Funds
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
Friedman Represents Empire Resorts in Concord Venture
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 and Hyman Kindler.

February 7, 2008
Olshan Ranks 20th for 2007 PIPE Transactions
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.

January 31, 2008
Activist Report Recites Olshan's Most Prolific Activists
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 30, 2008
Olshan's Client NuCO2 Inc. Agrees to $487 Million Merger by Aurora
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 M. Silverman and Michael R. Neidell; Tax: Nina Krauthamer; Employee Benefits: Manes M. Merrit and Barry L. Salkin; and Employment Practices: Aliza F. Herzberg. Robert L. Frome is a director of NuCO2.

January 23, 2008
Wolosky Represents Ramius in Two Election Contests
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
New York Post Quotes Roket on the Market
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, Samuel P. 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
Kearns issues Client Alert on 'Shotgun' Buy/Sell Clauses
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
Adler Represents AmCOMP in Merger with Employers Holdings, Inc.
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 J. Adler, Kenneth A. Schlesinger, Jonathan H. Deblinger, Denise Wahba, Erik D. Syvertsen and Ryan S. Replogle comprised the corporate team representing AmCOMP, with important contributions from Nina Krauthamer and Manes M. Merrit.

January 2, 2008
Neidell Named as Olshan Partner
Olshan announced today that Michael R. Neidell has been named partner in our Corporate Group.

January 1, 2008
Corporate Group Featured in Mann on the Street
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.

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