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DLA Piper announced today that Stuart Lubitz, an internationally renowned lawyer with over 40 years of experience representing major Japanese and US technology companies on patent matters, has joined DLA Piper as Special Counsel in Los Angeles. 

Lubitz, who was chairman and name partner of a well-known IP boutique and later directed the IP practices at two national law firms, was a pioneer in representing US high-technology startup companies and then representing Japanese multinational companies. He developed one of the US’s leading IP practices serving Japanese clients.

Lubitz’s clients have included such companies as Kyocera, Sharp, Seiko Epson, Toshiba, Olympus, Ricoh, Hitachi, Panasonic, Sanyo, Glory, Minolta, Casio, Murata Machinery, Murata Manufacturing, Ishida Scales, Dainippon Screen, and Citizen Watch, as well as GE, Honeywell, Fairchild Semiconductor, Sperry Rand, Western Digital, Emulex, Ampex, Measurex, Dataproducts, Western Offshore, Hydranautics, Cyberdyne, MicroMask, Intersil, AVX, Intel, DEP, and Sebastian International. Lubitz was the first Westerner to be selected as a director of a large Japanese public company, and one of the few patent attorneys to serve on the board of a New York Stock Exchange company. 

At DLA Piper, Lubitz will assist in expanding and developing the firm’s already extensive practice serving Japanese clients in connection with patent litigation, licensing, counseling, prosecution, negotiation, and opinions, as well as with competition issues. He will be reunited with his former partners Rich de Bodo, DLA Piper’s Co-Chair of Patent Litigation and a leader of its Japanese IP practice, Henry Koda, the Manager of DLA Piper’s IP Practice in Tokyo, and many other former colleagues.

“Stuart is an IP superstar,” said de Bodo. “His experience, knowledge, business insights, and mastery of the Japan and US IP fields are unparalleled. We are extremely fortunate to have him join DLA Piper.  With Stuart Lubitz and Henry Koda, we have two of the most respected IP lawyers in Japan, working with our strong team of patent litigators and prosecutors throughout the US and Japan.” Koda has practiced US patent law for 40 years, and is a law professor in Japan and the author of 15 books on US patent litigation in Japanese. 

“I am very excited to be working again with Rich de Bodo, Henry Koda and many other former colleagues, and to join the outstanding team at DLA Piper,” said Lubitz. “DLA Piper already has an excellent IP practice, and has unlimited potential in the Japanese IP market.” 

“We are thrilled to have Stuart join us,” said John Allcock, DLA Piper’s Global Co-Chair of IP and Technology. “DLA Piper is already recognized as an outstanding IP firm in Japan. Stuart will help us take our practice to an even higher level.” 

The Wall Street Journal

In this article on the movement of top lawyers among leading law firms, the Wall Street Journal describes DLA Piper as a "global powerhouse" and notes that in 2011 the firm "took on 87 new partners from other firms." The WSJ goes on to quote Frank Burch, DLA Piper's global co-chairman, who explains: "For us it is pretty simple: the desire to improve our position in specific markets by adding very specific skill sets."

Read the complete article.

In a new and contentious amendment to coastal management legislation, the Queensland Government has sought to deal with the impacts of coastal erosion and tidal inundation on Queensland's coastal regions.

The Queensland Government seeks to achieve its aims through the introduction of the Queensland Coastal Plan, which takes effect from 3 February 2012. Development, whether new development or redevelopment of existing uses, is potentially subject to assessment against the plan.

"The coastal plan establishes a coastal zone along the length of the Queensland coast and then provides for the declaration of coastal management districts within the zone. The zone is extensive and potentially affects a significant portion of Queensland development," said Mark Baker-Jones, special counsel in DLA Piper's Real Estate and Commercial Property practice.

The commencement of the coastal plan will see widespread development controls and management practices applied to development within the coastal zone. These controls and practices primarily restrict or constrain, and in some cases entirely prohibit, certain types of development.

Failure to understand the extent of climate change adaptation required for developments may lead to a range of unplanned challenges, including reduced resale value, increased planning challenges and development application delays.

"The coastal plan applies to all types of development - commercial, industrial, residential and rural. The application of the plan will not always be obvious and anyone contemplating development should ensure the effects of the plan on the proposed development are fully understood," Mark said.

Commercial and industrial property owners and occupiers will not only need to be aware of the direct affects the plan will have on their own physical business but also on customers and dependent industries. Industries holding or reliant on large infrastructure, particularly those industries commonly located in coastal regions, such as airports or transport hubs, will need to consider the potential effects on such things as further infrastructure intensification and relocation, and planned location of distribution centres and services.

The State government has recognised the need to consider the effects of tidal inundation and erosion on development and by implementing the new coastal plan, has taken an important step towards confronting these effects. As a consequence, developers, commercial, residential and industrial landowners and occupiers must factor in the constraints imposed under the plan when formulating their development strategies. A failure to take the effects of the plan into account early on in planning process could be costly.

Climate change adaptation planning can be complex and developers should consider seeking adaptation advice from climate change adaptation specialists for any properties that fall into the medium and high risk zones identified in the plan.

"This legislation highlights a stronger regulatory shift towards implementing provisions associated with the impacts of climate change. Although this plan only focuses on coastal processes it is possible that future considerations for other climate change events, such as heatwaves, hail and extreme rainfall may also follow. Other State governments will be watching the outcome in Queensland very closely," Mark said.

DLA Piper is pleased to announce that Natalia Kochergina, partner and Head of Real Estate in Ukraine, has been named one of the world's leading Real Estate lawyers by the 2012 Real Estate Expert Guide recently released by the Legal Media Group. She is acclaimed as one of the most experienced real estate lawyers at the Ukrainian market and is repeatedly recommended by clients.

2012 Real Estate Expert Guide recommends 21 lawyers of DLA Piper in real estate worldwide. Thus, DLA Piper is the leader among law firms in terms of number of lawyers recommended in this sphere.

Expert Guides are published by Legal Media Group Guides, the legal publishing arm of Euromoney Institutional Investor, one of the world's leading financial publishers. The Expert Guides have been providing counsel with access to the world's leading business lawyers for over 15 years and cover all the key practice areas of business law, undertaking continuous research to identify only the best individuals in more than 25 practice areas and over 60 jurisdictions worldwide.

Partners Joshua Kaye and Michael Austin lead team to DLA Piper’s growing Miami office; Kaye to co-chair US Health Care practice

DLA Piper today announced that prominent health care lawyers Joshua Kaye and Michael Austin have joined the firm as partners in the Miami office. Kaye joins the firm's Corporate practice and Austin joins the Litigation practice. Kaye will also serve as co-chair of the firm's interdisciplinary Health Care sector. They are also joined by of counsel Adam Rogers, and associates Valerie Novales and Matthew Grosack. The group previously practiced together in Miami at McDermott, Will & Emery LLP.

Kaye focuses his practice on health care transactional and regulatory matters, while also counseling health care providers on innovative business models. Austin focuses his practice on complex commercial litigation and arbitration matters with extensive experience handling health care litigation and regulatory investigations.

"Josh and Mike are well-recognized and highly accomplished health care lawyers who bring complementary transactional and litigation practices to DLA Piper's global platform," said Kimberly K. Egan, co-chair of DLA Piper's Health Care sector. "Their arrival underscores our commitment to expanding the firm's health care practice as the industry grows and evolves, and I look forward to working closely with Josh as we continue to grow our practice."

"Josh and Mike are experienced lawyers who will also help us serve the growing intersection between the health care and private equity sectors, which complements the firm's growing platform in Miami, and around the country," said Craig Rasile, managing partner of DLA Piper's Miami office. "We're excited to have Josh, Mike and this team join us as we continue to attract the top talent in the region to DLA Piper to further build out our capabilities not only in Miami but in the southeastern United States as well."

Since opening in March 2011, DLA Piper's Miami office has grown substantially, welcoming a number of nationally and internationally recognized lawyers: international arbitration partners Pedro J. Martinez-Fraga and C. Ryan Reetz from Squire, Sanders & Dempsey LLP; bankruptcy and restructuring partners Craig Rasile and Andrew Zaron, corporate partners Carlos Loumiet and John Haley, and tax partner Michael Silva from Hunton & Williams LLP; and corporate partner Jackie Hodes from McDermott, Will & Emery LLP.

About the Lawyers

Joshua Kaye counsels clients on a wide range of health care transactional and regulatory matters on a national and state level, including self-referral laws, state licensure, insurance laws and HIPAA, and is recognized as a "Board Certified Health Law Attorney" by the Florida Bar.  Among the health care clients that Kaye advises are hospitals/health systems, ambulatory surgical centers, home health agencies, urgent care centers, diagnostic imaging companies, concierge medicine practices, and medical groups and physicians.   He also advises private equity sponsors with their health care acquisitions and divestitures, along with the ongoing representation of their health care portfolio companies. 

Recognized as a leading health care attorney by Chambers USA, Kaye is also a frequent speaker on health care transactional and regulatory issues affecting physician groups and participates in a variety of pro bono projects.  Kaye earned his J.D. magna cum laude, from the University of Miami where he served as the managing editor of the University of Miami Law Review and his B.A. from the University of Florida with honors.

Michael Austin focuses his practice on complex commercial litigation and arbitration matters with extensive experience handling a wide range of health care litigation and regulatory investigations, hospitality industry litigation, corporate and real estate litigation, class action litigation and intellectual property (trademark, unfair competition, trade secret and copyright) litigation.

As part of his health care litigation practice, he represents a wide range of health care industry participants, including health systems, hospitals, ambulatory surgical centers, diagnostic imaging companies, home health agencies, medical and physician practice groups and various other health care industry businesses in connection with handling a variety of complex health care litigation matters, regulatory investigations and enforcement actions by federal and state regulatory agencies, and responding to (and defending) potential whistle blower (qui tam) actions.

Austin received his J.D. from the University of Miami, summa cum laude and his B.A. from the University of Florida, with honors.

DLA Piper, a global law firm, has been appointed by the Kuwait Capital Market Authority (CMA) to advise on the privatisation of the Kuwait Stock Exchange (KSE).

The CMA, the third largest bourse by market capitalisation in the Arabian Gulf, will specifically be working with DLA Piper's regional managing partner, Abdul Aziz Al-Yaqout, and the regional head of the corporate practice, Murad Abida on the privatisation.

Following the introduction of the new Capital Market Law in 2010, the privatisation of the KSE is seen as a further significant step to bolster Kuwait's position as a leading financial market in the Middle East."

DLA Piper has retained its number one ranking by deal volume among top corporate law firms in 2011 globally, according to mergermarket’s league tables for legal advisors. The firm also rose to rank second in Europe, up from fourth in 2010, whilst retaining its fourth position in the Americas.

The firm also made significant gains in the Bloomberg Global M&A legal advisor rankings, increasing its global ranking by deal count increasing from third to second place. Substantial gains were made in Asia-Pacific, where the firm climbed 67 places to be fourth in China and 25 places to eighth in Hong Kong. In South Korea, DLA Piper increased its ranking 22 places to seventh by deal count. It also climbed two places to rank fourth in the US, whilst rising 18 places by deal value in the UK to rank 18th. DLA Piper also became the leader in terms of deal volume in the UK, up two places. Ranking for the firm’s operations also improved in Germany, Italy, Iberia, and the Nordic countries.

DLA Piper was involved in more than 347 transactions in 2011 with a total value of US$58 billion in various markets including Europe, Greater China, Japan, South Korea and South East Asia.

“Our team's performance as one of the top M&A legal advisors in the region was highlighted by both geographic reach and scope of different industries involved," said Mabel Lui, Partner and Asia Head of Corporate, DLA Piper. "We're fully committed to help clients retain their competitive advantage by providing the quality of strategic legal and business counsel which has contributed to this high number of successful transactions."

Noteworthy deals in which DLA Piper was involved include Banco Santander's acquisition of 100 percent of the share capital of Bank Zachodni WBK of Poland for €4.2 billion as well as Qualcomm Incorporated's acquisition of Atheros Communications in a deal worth US$3.1 billion. The firm also worked on the $1.9 billion strategic alliance between Turkish beverage group Anadolu Efes and SABMiller in Turkey, Russia, Central Asia, the CIS and Middle East as well as the Government of Hungary's acquisition of a 21.2 percent stake in MOL Hungarian Oil and Gas Public Limited Company for £1.6 billion.

In Asia Pacific, the firm's involvement in major transactions included Hong Kong listed Schramm Holding AG's €142 million public takeover by AkzoNobel; Ping An Insurance's sale of a US$2.5 billion stake to Chow Tai Fook; and the US$886 million acquisition of Hong Kong listed supplier of mining equipment, ERA Mining, by Caterpillar Inc.

Lance Miller, Regional Managing Partner of Asia, DLA Piper said, "We are honoured by these excellent rankings. They not only reflect the unremitting efforts of our corporate team in the Asia Pacific region, but also demonstrate the seamless international cooperation of our global offices which enables us to provide value added services and strategic advice to clients around the world."

The end of year M&A rankings mark a very successful year for the DLA Piper Global Corporate team which, in addition to mergermarket's European Mid-Market Law Firm of the Year, also won the following awards and distinctions: Sub-Saharan Africa M&A Legal Adviser of the Year at the FT mergermarket European M&A Awards; M&A Lawyer of the Year - Mabel Lui, Cross Border M&A Deal of the Year - Middle Markets, and China M&A Deal of the Year Award, all at the M&A Atlas Awards 2011 - Asia Pacific Middle Markets; Band 1 – The Highly Regarded: Nationwide M&A (Chambers USA, 2011); Hong Kong Corporate and M&A Firm of the Year at the Asian-Mena Counsel Awards 2011.

DLA Piper today announces the appointment of Martin Bartlam to its Structured Finance team, part of the Finance & Projects group, where he will play a senior and market leading role in the business. Martin will join DLA Piper in February from Orrick, Herrington & Sutcliffe

Prior to joining DLA Piper, Martin was a partner at Orrick for seven years during which time he held a number of positions including London Office Managing Partner, member of the firm's European Management Board and head of the Structured Finance group. His previous experience also includes being head of finance at Jones Day in London (before its merger with Gouldens), head of structured products at Crédit Lyonnais in London (now Crédit Agricole) and a member of the debt structuring team of Greenwich Natwest (now RBS).

Martin specialises in financial structures and investments for banks, funds and corporations including transactions involving debt capital markets, securitisations, bank lending, derivatives and fund products. He is ranked as a leading lawyer in both the Legal 500 and Chambers and Partners 2010 and is described by Chambers and Partners 2010 as a "well respected practitioner who continues to drive the practice forward."

Bob Charlton, International Group Head of Finance and Projects, said: " we are delighted to welcome Martin to the Finance and Projects team. His structured finance and securitisation skills and his broad financial institution relationships make him a real asset to the group.

"Martin's appointment follows a number of recent important hires in the finance team, including David Eatough, Mark McGiddy and John Delamere. These hires demonstrate the firm's commitment to the development of its finance practice and enables DLA Piper's global finance group to benefit from a first class structured finance practice in Europe and the growing Asia Pacific market."

DLA Piper today announced that S. Andrew Pharies has joined the firm as a partner in the Trusts and Estates group of the San Diego office.  Pharies is joined by associate Michelle C. Glasser. Pharies and Glasser both move to DLA Piper from Procopio, Cory, Hargreaves & Savitch LLP, where Pharies was the head of the firm's Private Client Group.

Pharies and Glasser focus their practice on estate planning, trust and estate administration and taxation. This includes counseling clients on estate planning, charitable planning, post-mortem trust and probate administration and litigation, exempt organizations, transfer tax (estate, gift and generation-skipping) planning, income tax planning, business planning and tax controversies.

"We know Andy well, and he is a prominent member of the Trusts and Estates Bar in California," said Ellen H. Whelan, Senior Partner of DLA Piper's Trusts and Estates group in California. "The arrival of Andy and Michelle continues our longstanding tradition of serving the complex estate planning needs of our clients. They also bring experience handling matters with international tax implications, which matches well with DLA Piper's global platform, and will be important as we grow the practice."

"Andy is a well-recognized and highly experienced counselor on all manner of estate planning matters," said Robert Brownlie, managing partner of DLA Piper's San Diego office.  "We're excited to have Andy and Michelle join us as we continue to expand the San Diego office, as well as our capabilities in California."

Pharies currently serves on the Executive Committee of the Trusts and Estates Section of the State Bar of California and Chairs its Income and Transfer Tax Subcommittee. He also serves on the Advisory Board of the UCLA-CEB Estate Planning Institute and has served on the faculty of many continuing education programs for lawyers and accountants throughout California. Pharies currently serves on the Board of Directors of the Boys and Girls Club of Greater San Diego County.

Pharies received a B.S. from the University of California, Riverside and a J.D. from the University of Oregon, where he served as Editor-in-Chief of the Oregon Law Review. Glasser received a B.A. and a J.D. from the University of Arizona and an LL.M. in Taxation from the University of San Diego.

DLA Piper has one of the largest and most respected estate planning practices in California. For more than 80 years, the firm has counseled leading figures in the business, investment and technology communities regarding lifetime planning, testamentary wealth transfers, charitable giving, business succession planning, and all other aspects of estate planning.

New legislation coming into force on 30 January 2012 establishes a single national law governing security interests in personal property which changes the way businesses can protect themselves against customer insolvency.

Given the complexity of the new legislation and the wide range of industries that are affected, many companies may not have taken the necessary steps to protect their interests. The business implications are far reaching, not only for financiers but for companies operating in industries where goods and services are supplied without passing full ownership, such as manufacturing, retail, telecommunications and transport.

The reforms, contained under the Personal Property Securities Act 2009 (Cth) (PPSA), essentially rewrite the law applicable to taking security over personal property. Subject to certain statutory exceptions, personal property means any business asset other than real property. This includes goods, equipment, motor vehicles and intangible assets like intellectual property and financial products.

David East, partner in DLA Piper's Finance & Projects practice said: "All industries and all asset types other than real property will be affected. In particular, the impact of the PPSA should be considered in any transaction involving a motor vehicle, a watercraft, an aircraft or any registered intellectual property rights - which are known as 'serial numbered goods' and in respect of which special registration and priority rules apply. ”

Security interests granted after 30 January 2012 should be registered on the national Personal Property Securities Register (PPS Register), which replaces over 40 Commonwealth, state and security registers. The PPS Register has been designed to be available 24/7 via the internet, with searching and registrations being carried out directly on the government's new website (www.ppsr.gov.au).

Although it is not compulsory to register a security interest on the PPS Register and many existing registered security interests will be migrated to the new PPS Register, the PPSA includes a set of specific priority rules, which generally give priority to security interests based on the order in which they are perfected by registration.

“There are three key risks which a secured party faces if it does not register its security interest. Firstly, it may become simply an unsecured creditor if the other party becomes insolvent. Secondly, another secured party may gain priority by registering first and finally, the secured property may be sold or leased to another party which takes the property free from the security interest,” David said.

All businesses should consider the impact of the PPSA and take steps to protect any of its security interests, particularly if they arise under retention of title arrangements or leasing transactions. From 30 January 2012, all businesses should search the PPS Register on a regular basis to ensure that any incorrect registrations against the business are either amended or removed.

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