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Arnold & Porter to Merge with California Midsize Firm

Washington-based Arnold & Porter is merging with Howard Rice Nemerovski Canady Falk & Rabkin, a San Francisco-based midsize law firm, the firms announced Tuesday.

The merger is expected to be completed by Jan. 1. Once intergrated, the combined firms will have more than 800 attorneys in the United States and Europe, according to a press release, including 160 attorneys in California. Arnold & Porter already has offices in Los Angeles, San Francisco and Palo Alto, Calif. Arnold & Porter employs about 700 attorneys firm-wide, according to a press release.

Howard Rice’s client list includes The Charles Schwab Corp., The Clorox Co., Google Inc., Hewlett-Packard Co., JP Morgan Chase & Co., The Oakland Raiders, UBS, Wells Frago & Co. and the United States Olympic Committee.

“We are not only strengthening our presence in California, but we are doing it with individuals who complement the skill sets we offer elsewhere in the firm,” Arnold & Porter chairman Tom Milch said in a written statement.

NLJ affiliate The Recorder reported the merger. For more information, check out their post.

D.C. Court to Celebrate 25th Annual Adoption Day

Saturday will mark the 25th anniversary of Adoption Day, an annual celebration at the District of Columbia Superior Court that recognizes the close to 200 families who choose to adopt each year.

The event, hosted by the court and the city’s Child and Family Services Agency, will honor the families who finalized 180 adoptions in the 2011 fiscal year, along with families expected to finalize 29 new adoptions on Saturday.

The city's Adoption Day was the brainchild of Superior Court Senior Judge Bruce Mencher, according to presiding Family Court Judge Zoe Bush. The event predates National Adoption Day, which is also tomorrow and was started in 2000.

Bush, herself an adoptive parent, said that besides honoring adoptive families, Adoption Day is about providing information to prospective families, too.

“It’s important because young people who age out of foster care without caring, committed adults attached to them, often have negative outcomes associated with that status,” from underachieving in school to homelessness, Bush said.

Adoption Day is also about celebrating the lawyers who help families navigate successful adoptions and guardianships, said Judith Sandalow, executive director of the Children’s Law Center. Nearly 50 local law firms, including some of the biggest names in the business, contribute pro bono help to the center’s adoption- and guardianship-related legal services program.

“In any adoption case, the petitioner – the person adopting – needs to file legal paperwork. There is a trial, evidence is presented,” Sandalow said. “The law creates new families in many different ways, and adoption is one of those ways.”

Tyronetta and Timothy Leech, who live in Fort Washington, Md., will be celebrating Adoption Day at the Superior Court by finalizing the adoptions of two of their five children. Tyronetta Leech urged other interested families to attend and get more information.

“There are so many children in the system who need a caring and loving home,” she said. But, she added, “This is not something that you can go in and take lightly.”

The number of annual adoptions in the District has fluctuated in recent years, but usually falls between 150 and 200, Bush said. In 2010, there were 189 children adopted, up from 177 in 2009 but down from 195 in 2008.

More information Adoption Day is available on the Superior Court’s Web site.

This Week in The National Law Journal

Database Blues: Oracle Corp. may have settled its False Claims Act suit for $199.5 million, which the company called an unfortunate "distraction." But court records tell a different story. Jenna Greene reports on the case, which involves allegations that Oracle overcharged the government tens of millions of dollars for software, and that the company hired Reed Smith to produce a "selective and misleading" report — whether firm lawyers knew it or not — that made it appear Oracle had done nothing wrong.

Batting Cleanup: The law firms involved in the bankruptcy proceedings of the Los Angeles Dodgers have already generated millions of dollars in requests for fees, with some lawyers charging upwards of $1,000 per hour. Amanda Bronstad reports.

Occupy the Court: Zoe Tillman reports on the Occupy Wall Street protests and the challenges they expect to pose in court, as few protesters are expected to plea guilty.

Exporter's Scarlet Letter: Mike Scarcella reports on a lawsuit in Washington federal district court to uncover why the State Department denied export requests by technology company AEM.

Legal Services Brace for Cuts: Members of Congress are in the midst of negotiations that likely will lead to another cut in funding for the Legal Services Corp. Andrew Ramonas reports.

DOJ Approves Grupo Bimbo Acquisition of Sara Lee Unit

The Department of Justice has given the green light for the food company Grupo Bimbo to acquire Sara Lee Corp.’s North American bakery business at a value of $959 million.

White & Case Washington-based partners George Paul and Noah Brumfield headed up the firm’s antitrust team representing Grupo Bimbo. Cleary Gottlieb’s Mark Leddy and Jeremy Calsyn also served as antitrust counsel.

In 2008, Grupo Bimbo, originally a Mexican company, purchased Weston Foods Inc., making the company the largest bakery in the United States.

“Bimbo’s acquisition of Sara Lee is transformative in that it will permit Grupo Bimbo to be a truly national bread company,” Paul said.

In the past, Grupo Bimbo has been concentrated on the eastern half of the U.S., but the merger will allow the company to expand its reach. Additionally, the company has committed to building modern baking facilities throughout the U.S. As a result, consumers will see more aggressive marketing of bread at lower prices, according to Paul.

Paul and Brumfield also represented Grupo Bimbo in its $2.5 billion acquisition of Weston Foods.

This is one of the first transactions that underwent the DOJ’s revised 2010 Merger Guidelines, a more thorough examination and update compared to the previous 1992 guidelines.

“The process, even under the new guidelines went smoothly,” Paul said. “The department was cooperative and tried to move the analysis along.”

This Week in The National Law Journal

Sizing up the Supreme Court: Tony Mauro hosted a roundtable discussion of the upcoming Supreme Court term, which starts today, with Arnold & Porter's appellate and Supreme Court practice head partner Lisa Blatt, former Solicitor General and Bancroft partner Paul Clement, former Acting Solicitor General and Hogan Lovells partner Neal Katyal and George Washington University Law School associate dean Alan Morrison.

Technology Brings Dose of Reality: A small circle of law schools are collaborating through simulation-based courses in a move to beef up practical training skills. Karen Sloan reports.

Judges Guiding Pro Se: Zoe Tillman reports on possible changes to the judicial conduct guidelines that would encourage judges to take a more "affirmative role" in ensuring that unrepresented parties understand what's going on in court.

Making More Out of Less: Real estate is the second biggest line item for law firms behind salaries and firms have made moves to make their space more efficient and cost effective. Matthew Huisman reports.

Holland & Knight Land Use Group Jumps to Lerch, Early

Eight attorneys from Holland & Knight’s land use and real estate practice have left the firm for Bethesda, Md.-based Lerch, Early & Brewer, the latter announced Monday.

Attorneys Robert Harris, William Kominers, Patricia Harris, Sharon Nelson Craig and Stacy Plotkin Silber, formerly partners in Holland & Knight’s Bethesda office, have joined as principals. Susan Reutershan and Cynthia Bar, formerly senior counsel, have joined as of counsel. Christopher Ruhlen will maintain his title of associate with his new firm.

Arthur Lafionatis, Lerch, Early’s managing partner, said that the practice group had worked jointly with the firm on past projects and that the two had formed a natural synergy.

“We’re very excited about this,” Lafionatis said. “This is a unique and special opportunity to bring in a group of lawyers that are complimentary and compatible with our existing practice. Our land use practice is one that has driven a lot of work because those clients have needs in other areas.”

AT&T Defends T-Mobile Deal, Criticizes Justice Department

Responding to the U.S. Justice Department's blockbuster antitrust enforcement action, lawyers for AT&T and T-Mobile USA said today in a court filing the proposed merger is a win for consumers.

The attorneys for the two mobile companies said in their joint response (.pdf) to the government’s complaint that the deal would create “substantial new capacity to meet the spectacular growth in demand resulting from an increasingly on-line world.”

Mark Hansen, a name partner in Washington’s Kellogg, Huber, Hansen, Todd, Evans & Figel, filed the court papers this afternoon in U.S. District Court for the District of Columbia. Hansen and Kellogg Huber's Michael Kellogg filed appearances this afternoon for AT&T.

Crowell & Moring and Arnold & Porter also represent AT&T in the case. Teams from O’Melveny & Myers and Cleary Gottlieb Steen & Hamilton represent T-Mobile.

“Rather than substantially reducing competition, the combined firm will usher in more intense competition to an already vibrantly competitive market,” the attorneys said. The lawyers said DOJ’s complaint “fails to come to grips with the significant efficiencies this transaction will generate.

In the response, the attorneys for AT&T and T-Mobile said the Justice Department “largely ignores the significant competition” from Verizon Wireless and Sprint.

Sprint has filed a separate suit in Washington federal district court challenging the proposed $39 billion merger.

“Wireless competition is fierce: prices have declined steadily, output is expanding, technological innovation is occurring at an extraordinary pace, and new providers with innovative business models have successfully entered and expanded,” the attorneys for AT&T and T-Mobile said. “All of this will continue, and likely increase, after the transaction.”

DOJ said in its complaint (.pdf), filed Aug. 31, that the proposed deal would eliminate T-Mobile “as an independent, low-priced” cell provider and would remove a “significant competitive force from the market.”

The Justice Department’s legal team, including the Antitrust Division’s Claude Scott Jr. and Acting Assistant Attorney General Sharis Pozen, said T-Mobile’s investment in an advanced high-speed network and other innovations have provided substantial value to consumers.

“Thus, unless this acquisition is enjoined, customers of mobile wireless telecommunications services likely will face higher prices, less product variety and innovation, and poorer quality services due to reduced incentives to invest than would exist absent the merger,” Justice attorneys said in the complaint.

U.S. District Judge Ellen Segal Huvelle has set a status hearing for Sept. 21.

This Week in The National Law Journal

Cereal Killers: Jenna Greene reports on the four federal agencies trying to curb childhood obesity. The agencies are asking manufacturers of "unhealthy" food and drinks to voluntarily cease all advertising efforts directed at children.

Stock Scam Ensnares Attorneys: Federal prosecutors in Washington allege that a California businessmen used lawyers to perform nonlegal services for illegal purposes. Mike Scarcella reports.

Lobbying for Reform: Washington lobbyists are gearing up to make their cases to Congress this fall for lobbying reform. Andrew Ramonas reports.

Making Their Mark in D.C.: A crop of law firms specializing in trademark filings has popped up in the Washington area during the past few years, and they've quickly become important players in the field. Matthew Huisman reports.

The Morning Wrap

Dropout: Former Minnesota Gov. Tim Pawlenty has taken himself out of the running for the Republican nomination for president, The Washington Post reports. He withdrew after his third place finish behind Rep. Ron Paul of Texas in the Iowa straw poll Saturday. Rep. Michele Bachmann of Minnesota won the contest.

Pressing Issue: Outgoing American Bar Association President Stephen Zack says the organization's biggest concern is court funding, the Daily Business Review reports. "The problem is people think the court is for troublemakers," Zack said. "The truth is there are millions of dollars tied up in the court that business could be using to create new technology and jobs. This is a universal issue."

Rising Doubts: Observers of AT&T's planned acquisition of T-Mobile USA are losing confidence in the ability of the proposed merger to receive approval, Bloomberg reports.

Nevada Judicial Pick: Senate Majority Leader Harry Reid (D-Nev.) has urged President Obama to nominate Las Vegas lawyer Ariel Stern as the replacement for Nevada U.S. District Judge Philip Pro, who is assuming senior status, the Las Vegas Review-Journal reports. "[Stern’s] father was a Cuban Jew," Reid said. "He was born in Mexico, speaks fluent Spanish. He's just a brilliant man."

Back to Schools: Vermont Law School and William Mitchell College of Law in St. Paul, Minn. -- the only U.S. law schools to bar military recruiters because of the Pentagon's "Don't Ask, Don't Tell" policy on gays -- will let Army, Navy, Air Force and Marine Corps representatives return to their campuses in the fall, The Associated Press reports.

This Week in The National Law Journal

Cases Deluge Boston Court: Sheri Qualters reports on the health-care related False Claims Acts cases that have flooded the federal court and the unusual procedural step to move them along: unsealing them.

Stevens' Influential Inning: Tony Mauro reports on how retired U.S. Supreme Court Justice John Paul Stevens played an important role in baseball player's rights nearly 44 years ago.

Judicial Campaign on Trial: The California Attorney General in their case against L.A. Superior Court Judge Harvey Silberman, accuse the judge of offering a bribe to another candidate to run against some else. Amanda Bronstad reports.

British Exports: Two more of the "Magic Circle" law firms appear to be moving in on Washington, hoping to leverage their global client base to build a strong D.C.-based regulatory practice. Matthew Huisman reports.

For Chinese-Americans, a Chance for an Apology: Andrew Ramonas reports on Covington & Burling's pro-bono lobbying efforts to get Congress to express regret for anti-Chinese laws in the 19th and 20th centuries.