News Feed News Description Associate Blake Sercye Honored as One of Chicago Scholars’ “35 Under 35” <p> Jenner &amp; Block Associate <a href="">Blake P. Sercye</a> has been recognized among the “35 Under 35” by Chicago Scholars, an organization dedicated to resolving the fundamental barriers to success for academically driven, first-generation college students from under-resourced communities.&nbsp;Chicago Scholars created the “35 under 35” awards in 2015 to recognize diverse, talented young professionals in Chicago&nbsp;who are making an impact on youth.&nbsp; Mr. Sercye was selected out of a highly competitive group of nominees for his outstanding professional accomplishments and commitment to making a difference in Chicago.&nbsp; He and the other awardees will be honored at a galaonApril 28, 2017.</p> <p> Mr. Sercye is a litigator focusing on white collar defense and investigations, corporate anti-corruption compliance, and complex commercial litigation.&nbsp; In addition to his practice, he is active in the community.&nbsp; He serves as chair for Chicago's Zoning Board of Appeals, a body charged with reviewing land use issues that pertain to the Chicago Zoning Ordinance.&nbsp; Additionally, Mr. Sercye serves as president of the Illinois Medical District Commission, a land-use board governing the second-largest medical district in the country located on Chicago’s Near West Side.&nbsp; He is also a member of the Chicago West Side Branch of the NAACP and Phi Beta Sigma Fraternity, Inc.</p> 25 Jan 2017 Firm Represents NES Rentals in $965 Million Acquisition by United Rentals <p> The firm represents NES Rentals in its acquisition by United Rentals for $965 million in cash.&nbsp; Announced on January 25, 2017, the transaction is expected to close early in the second quarter of 2017, subject to Hart-Scott-Rodino clearance and customary conditions.&nbsp;</p> <p> NES is one of the largest general equipment rental companies in the United States, providing aerial equipment to approximately 18,000 customers across the industrial and non-residential construction sectors. Based in Chicago, NES has 74 branches and approximately 1,100 employees, with a concentration in the eastern half of the United States.&nbsp; As of December 31, 2016, NES had approximately $900 million of fleet at original equipment cost.</p> <p> Michael Kneeland, president and chief executive officer of United Rentals, said in a statement that the agreement with NES “satisfies the rigorous strategic, financial and cultural standards we set for acquisitions. This exciting transaction will augment our revenue, earnings, EBITDA, free cash flow and overall scale, and expand our base of local and strategic accounts at a key point in the demand cycle.”</p> <p> News of the acquisition was reported by multiple outlets, including <em><a href="">Morning Star</a></em>, <em><a href="">The Street</a>, <a href="">The Wall Street Transcript</a></em> and <em><a href="">Yahoo Finance</a>.</em></p> <p> The team representing NES is being led by Partner <a href="">H. Kurt von Moltke</a><em>.</em><em>&nbsp;</em>Members of the multi-disciplinary team include Partners<em> </em><a href="">Kristen M. Boike</a>, <a href="">Geoffrey M. Davis</a>, <a href="">Brian S. Hart</a>, <a href="">S. Tony Ling</a>, <a href="">Adam Petravicius</a>, <a href="">Anna Barreiro Sutti</a>, <a href="">Allison A. Torrence</a> and <a href="">Lee Van K. Voorhis</a> and Associates <a href="">Michael F. Bolos</a>, <a href="">Andrew S. Carlins</a>, <a href="">Young Woo (Ariel) Cho</a>, <a href="">Rita L. Feikema</a> and <a href="">Amy Inagaki</a>.</p> 25 Jan 2017 Pro Bono: Second Chances — The Story of Jesse Webster <p> <iframe allowfullscreen="" frameborder="0" height="255" mozallowfullscreen="" src="" webkitallowfullscreen="" width="450"></iframe></p> <p> &nbsp;</p> <p> “I’ve got some great news - the President has commuted your sentence. You’re going to be released,” Partner Jessica Ring Amunson told client Jesse Webster over the phone.</p> <p> Mr. Webster had waited 21 years to hear those words.&nbsp; “It was one of those moments where it [doesn’t] seem real.&nbsp; It finally came,” Mr. Webster said.</p> <p> In 1996, Mr. Webster was convicted of conspiracy, attempt to possess with intent to distribute cocaine and filing false tax returns.&nbsp; Even though he was a first-time offender, had no weapon, no drugs and no money when he was caught up in an aborted drug deal, mandatory minimum sentencing guidelines in place at the time left the judge with virtually no choice but to sentence him to life in prison.</p> <p> Watch the video to learn how Jenner &amp; Block lawyers fought to have Mr. Webster released from prison and to find out what he is doing today.&nbsp; To read more about his case, please click <a href="">here</a>.</p> 31 Jan 2017 Firm Represents US Foods Holding Corp. in Secondary Public Offering <p> The firm is representing US Foods Holding Corp., the second-largest food distributor in the United States, in a secondary public offering of its common stock. &nbsp;Investment funds associated with selling stockholders KKR &amp; Co. LP and Clayton, Dubilier &amp; Rice are offering 41.4 million shares of common stock valued at $26.00 per share, which includes an additional 5.4 million shares of the common stock after the underwriters exercised their option to purchase additional shares in full.&nbsp; The total offering size is over $1 billion.<br /> <br /> The underwriters were led by Goldman Sachs, Morgan Stanley and JP Morgan; and Simpson Thacher acted as underwriters’ counsel.&nbsp; Investment funds associated with selling stockholders KKR &amp; Co. LP and Clayton, Dubilier &amp; Rice were represented by Debevoise &amp; Plimpton LLP.<br /> <br /> The team representing US Foods is being led by Partners<a href=""> Kevin T. Collins</a> and <a href="">Jason M. Casella</a>. Other members of the core corporate team include Partner <a href="">William L. Tolbert, Jr.</a>, Associate <a href="">Breanne K. Long</a> and Law Clerk Inna Gelfgat.&nbsp; Other transactional team members included Partners <a href="">Donald E. Batterson</a>, <a href="">Brian R. Boch</a>, <a href="">Geoffrey M. Davis</a>, <a href="">S. Tony Ling</a>, <a href="">Alexander J. May</a> and <a href="">Anna Barreiro Sutti</a> and Law Clerk Barbara Asiain<strong>.</strong></p> 26 Jan 2017 Partner James Malysiak Featured in Article about Serving as US Supreme Court Clerk <p> Jenner &amp; Block Partner <a href="">James T. Malysiak</a><em> </em>is featured in an article in the <em>Super Lawyers – Illinois 2017 Magazine</em>. Titled “’<a href="">The Chief Is Eating My Sandwich’ and Other Memories of the High Court from Eight Former SCOTUS Clerks</a>,” the article includes recollections from Mr. Malysiak, who clerked for Justice Byron White from 1974-75.&nbsp; Mr. Malysiak recalls how the famous Justice “Whizzer” White – College Hall of Fame football player, Kennedy confidante and number two in the Justice Department to Robert Kennedy -- was very down-to-earth. “He didn’t come from a wealthy family. He made it very easy for me,” he says.&nbsp; He describes being a clerk like going through a physical endurance test. “Your adrenaline was flowing all the time.&nbsp; You knew this was a once-in-a-lifetime opportunity, and you wanted to make the most of it.”&nbsp;</p> 1 Feb 2017 Firm Secures Dismissal of Lawsuit Challenging IBM and Merge Healthcare Merger <p> The firm won a significant victory for Merge Healthcare directors when a Delaware Chancery judge dismissed a lawsuit that challenged the $1 billion acquisition of Merge Healthcare, Inc. by IBM.&nbsp; A group of former Merge Healthcare stockholders alleged that the sale to IBM was improper and sought post-closing damages against Merge Healthcare’s directors. &nbsp; On Monday, January 30, 2017, Vice Chancellor Glasscock granted the defendants’ Motion to Dismisswith prejudice. &nbsp;Partner <a href="">Howard S. Suskin</a> served as counsel to the defendants, assisted by former Associate Douglas Wilson and Paralegal Mary Frances Patston. &nbsp;The transactional team, led by Partner <a href="">Mark A. Harris</a>, included Partners <a href="">Brian R. Boch</a>, <a href="">Brian S. Hart</a>, <a href="">Jeffrey D. Larson</a>, <a href="">Alexander J. May</a>, <a href="">Jason D. Osborn</a>, <a href="">Jeffrey R. Shuman</a>, and Staff Attorney <a href="">Roger E. Best</a>.&nbsp;&nbsp; News of the dismissal was reported in <a href=""><em>Law360</em></a> <em>(subscription required).</em></p> 2 Feb 2017 Firm Files Petition for Writ of Certiorari in Supreme Court on Jurisdictional Debate Regarding Bankruptcy and Medicare <p> On February 2, 2017, Jenner &amp; Block filed a petition for <a href="">writ of certiorari</a> in the United States Supreme Court on behalf of Bayou Shores, a skilled nursing facility in Florida.&nbsp; Bayou Shores cared for severely ill patients, nearly all of whom were indigent and relied upon Medicaid and Medicare to pay for their care. The petition asks the Court to decide two related questions regarding the power of federal courts to adjudicate the bankruptcy cases of health care companies with claims on administrative appeal through the Medicare system.&nbsp; The petition argues that both questions have sharply divided the courts of appeals, and the uncertainty surrounding them imposes a significant burden on health care providers and their patients.</p> <p> The case surrounds Bayou Shores, which filed for bankruptcy after the government threatened to terminate its Medicare and Medicaid provider agreements.&nbsp; The bankruptcy court presided over, and ultimately confirmed, Bayou Shores’ plan for reorganization.&nbsp; But the district court reversed the confirmation orders, finding that the Medicare Act stripped the court of jurisdiction.&nbsp; Bayou Shores appealed the district court’s decision to the Eleventh Circuit and moved to stay the termination of its provider agreements pending appeal.&nbsp; The district court granted a stay, stating that it would be “draconian” to upend patients and their families “based on a jurisdictional debate that has resulted in significant contrary opinions among the circuit courts and lower courts.”&nbsp; The Eleventh Circuit affirmed, holding that a section of the Medicare Act bars district and bankruptcy courts from hearing Medicare-related claims.&nbsp; In contrast, the Ninth Circuit and several bankruptcy courts have held that district and bankruptcy courts are not barred from exercising jurisdiction over claims arising under the Medicare Act.</p> <p> “Because the Eleventh Circuit’s decision squarely conflicts with the decisions of other circuits on two important questions of federal law, and because this case is an optimal vehicle through which to address those closely related questions, the petition for a writ of certiorari should be granted,” the petition reads.</p> <p> Partner <a href="">Lindsay C. Harrison</a> authored the petition.</p> 2 Feb 2017 Partner Neil Barofsky Appointed Monitor to Credit Suisse in $5.3 Billion RMBS Settlement <p> Partner <a href="">Neil M. Barofsky</a> has been appointed monitor by the US Department of Justice (DOJ) to oversee the ongoing compliance by Credit Suisse Securities (USA) LLC with the terms of its $5.3 billion settlement with the DOJ over the sales of residential mortgage-backed securities in the run-up to the 2008 financial crisis. &nbsp;As monitor, Mr. Barofsky will oversee the bank’s remediation efforts as called for by the DOJ settlement.<br /> <br /> Since 2014, Mr. Barofsky has been serving as monitor to Credit Suisse, following the bank’s 2014 US$715 million settlement with the New York Department of Financial Services, part of a broader US$2.6 billion settlement that involved the DOJ and federal regulators. Along with Partner <a href="">Anthony S. Barkow</a>, he has led a team of lawyers across the firm in key aspects of that appointment.</p> <p> An accomplished trial lawyer and well-known authority on issues at the intersection of economics, law, business and politics, Mr. Barofsky was the first Special Inspector General for the Troubled Asset Relief Program (TARP). As chief watchdog, he oversaw the creation and expansion of a law enforcement agency within the US Treasury Department charged by Congress to conduct criminal and civil investigations of fraud and abuse linked to the bailouts. &nbsp;Under his leadership, the office’s investigations led to the recovery or avoided losses of more than $700 million in taxpayer money and to more than 200 individuals being charged with TARP-related crimes to date.<br /> <br /> Jenner &amp; Block’s White Collar and Investigations Practice has handled some of the most sensitive and highest-profile investigations of record, many of which draw international headlines and involve multiple jurisdictions and US government actors, including Capitol Hill, the DOJ and the Securities Exchange Commission. &nbsp;These investigations cover the spectrum of industries and include topics from FCPA to health care fraud to financial matters to public corruption.<br /> <br /> In addition to the Credit Suisse monitorships, Jenner &amp; Block lawyers have been appointed monitor or settlement administrator in several other significant matters over the past two years, including: 1) a $2.5 billion settlement agreement between the DOJ and Citigroup over the sale of mortgage securities; 2) a compliance settlement between Ashford University and its parent company Bridgepoint Education, and the Iowa Attorney General, related to recruitment and enrollment practices; and 3) a multistate agreement reached between 39 states and the District of Columbia and for-profit education company Education Management Corporation (EDMC) to oversee EDMC’s compliance with the settlement’s disclosure and recruiting requirements.</p> 6 Feb 2017 US Supreme Court Grants Three Petitions for Certiorari Authored by Partner Adam Unikowsky <p> Jenner &amp; Block Partner <a href="">Adam G. Unikowsky</a> authored three petitions for certiorari that the US Supreme Court has granted this term.&nbsp; One issue regards whether the US Securities and Exchange Commission is subject to time limits when seeking disgorgement.&nbsp; Another issue regards whether a person convicted of violating a federal drug law must forfeit proceeds from the crime to the government.&nbsp; Finally, the third issue regards a dispute over military retirement pay.</p> <p> In <a href=""><em>Kokesh v. Securities and Exchange Commission</em></a>, Mr. Unikowsky and Associate <a href="">Zachary C. Schauf</a> represent investment advisor Charles R. Kokesh, who argues that a five-year statute of limitations applies to SEC claims for disgorgement.</p> <p> In <a href=""><em>Honeycutt v. United States of America</em></a>, Mr. Unikowsky represents Terry Honeycutt, a store employee who pleaded guilty to federal drug crime charges based on the sales of an iodine-based water purifier that could be used to make methamphetamine.&nbsp; After he was convicted, the government argued that he should be jointly and severally liable for forfeiture of the proceeds from the illegal sales, even though all of those proceeds went to the store owner and not him.&nbsp; Mr. Honeycutt argues that he should not be liable for forfeiture because he did not actually receive any of those proceeds.</p> <p> In <a href=""><em>Howell v. Howell</em></a>, Mr. Unikowsky represents John Howell, a divorced veteran who argues that he can’t be required to pay his ex-wife an amount equal to the amount of military retirement pay he waived in order to receive compensation for a service-related disability.</p> <p> Mr. Unikowsky’s successful petitions are highlighted in a <a href="">post in <em>Empirical SCOTUS</em></a>, which identifies him as the top lawyer in the United States (tied with two others) in persuading the Supreme Court to grant certiorari this term.</p> 7 Feb 2017 Media Outlets Feature New Co-Chairs of the Appellate and Supreme Court Practice <p> Several media outlets have reported on the elevation of Jenner &amp; Block Partners <a href="">Matthew S. Hellman</a>, <a href="">Jessica Ring Amunson</a> and <a href="">Michael T. Brody</a> to co-chairs of the nationally renowned Appellate and Supreme Court Practice.&nbsp; An article in <a href=""><em>Bloomberg Big Law Business</em></a> notes that the practice group is slated to argue four cases before the US Supreme Court this year.&nbsp; An article in <em><a href=";curindex=0&amp;slreturn=20170107105727">The American Lawyer</a></em> observes that Mr. Hellman is a former clerk to now-retired US Supreme Court Justice David H. Souter; Ms. Amunson clerked for the Hon. Merrick B. Garland of the US Court of Appeals for the DC Circuit and Mr. Brody clerked for the late US Supreme Court Justice Antonin Scalia when Justice Scalia served on the US Court of Appeals for the DC Circuit.&nbsp; It also notes that Mr. Hellman is co-director of the Jenner &amp; Block University of Chicago Law School Supreme Court and Appellate Clinic, which launched last year.&nbsp; And Mr. Brody is the subject of a profile in the <a href=""><em>Chicago Day Law Bulletin</em></a>, which quotes him saying, “I’m looking forward to the opportunity to help lead this group and to continue our real commitment to excellence in this area.”</p> 31 Jan 2017 <i>Southern California Super Lawyers</i> Recognizes Eight Jenner & Block Lawyers in Los Angeles <p> Eight Jenner &amp; Block lawyers from a variety of practice areas were included in the 2017 <em>Southern California</em> <em>Super Lawyers </em>magazine.</p> <p> The list recognizes lawyers through a comprehensive, peer-review-based evaluation process, which included surveying thousands of lawyers and asking them to nominate the best lawyers they have personally observed in action.</p> <p> The following is a complete list of Jenner &amp; Block lawyers recognized as 2017&nbsp;<em>Southern California Super Lawyers</em><em>, </em>listed by&nbsp;<em>Super Lawyers’</em>&nbsp;primary area of practice:</p> <p> <strong>Banking</strong></p> <p> <a href="">Neil Cummings</a></p> <p> <strong>Business Litigation</strong></p> <p> <a href="">Brent Caslin</a></p> <p> <a href="">Rick Richmond</a></p> <p> <strong>Entertainment &amp; Sports</strong></p> <p> <a href="">Benjamin R. Mulcahy</a></p> <p> <a href="">Daniel A. Rozansky</a></p> <p> <strong>General Litigation</strong></p> <p> <a href="Richard%20L.%20Stone">Richard L. Stone</a></p> <p> <strong>Intellectual Property Litigation</strong></p> <p> <a href="">Nick G. Saros</a></p> <p> <a href="">Andrew J. Thomas</a></p> 8 Feb 2017 Jenner & Block’s Amicus Brief on Behalf of 17 Universities Challenges Immigration Executive Order <p> On February 13, 2017, Jenner &amp; Block filed an <a href="">amicus brief</a> on behalf of 17 major universities from across the country, challenging President Trump’s executive order on immigration.&nbsp;</p> <p> Signed on January 27, the president’s order, among other actions, blocks entry to the United States for 90 days for citizens of seven predominantly Muslim countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.</p> <p> The amicus brief argues that international students, faculty and scholars are important to the universities, the United States and the world and that the executive order harms them.</p> <p> “While the Executive Order is currently limited to seven countries, its damaging effects have already been widely felt by American universities.&nbsp; When the Executive Order went into effect, the 90-day suspension of entry left some of <em>amici</em>’s students, faculty, and scholars stranded abroad, while others were unable to leave the United States to travel to their home countries or elsewhere for field research, academic meetings, and family and personal obligations,” the brief says.</p> <p> The brief was written by Partners <a href="">Thomas J. Perrelli</a>, <a href="">Lindsay C. Harrison</a> and <a href="">Erica L. Ross</a> and Associate <a href="">Tassity S. Johnson</a>, with assistance from Partner <a href="">Katya Jestin</a>.</p> <p> The brief is filed in the United States District Court of the Eastern District of New York in the case of <em>Hameed Khalid</em><em> Darweesh et. al. and the People of the State of New York v. Donald J. Trump.&nbsp; </em>The lead plaintiffs have been detained by the US government and threatened with deportation even though they have valid visas to enter the country.&nbsp; They argue that their detentions, based solely on the executive order, violate their Fifth Amendment procedural and substantive due process rights as well as US immigration statutes.&nbsp; During a February 2 status conference, a federal judge extended an emergency stay until February 21.&nbsp;</p> <p> Last week, the Ninth Circuit left intact a temporary restraining order prohibiting the Executive Order from going into effect while a federal court in Washington state considers a challenge brought by Washington and Minnesota.&nbsp; But the New York case was the first filed and is still being litigated, with briefs due in court this week.</p> <p> The amici include Brown University, Carnegie Mellon University, University of Chicago, Columbia University, Cornell University, Dartmouth College, Duke University, Emory University, Harvard University, Johns Hopkins University, Massachusetts Institute Of Technology, Northwestern University, University of Pennsylvania, Princeton University, Stanford University, Vanderbilt University and Yale University.&nbsp;</p> <p> “Because <em>amici </em>seek to educate future leaders from nearly every continent, attract the world’s best scholars, faculty, and students, and work across international borders, they rely on the ability to welcome international students, faculty, and scholars into their communities. The Executive Order at issue in this case threatens that ability, and creates significant hardship for <em>amici</em>’s valued international students, faculty, and scholars,” according to the brief.</p> <p> &nbsp;</p> 13 Feb 2017 Jenner & Block Wins Victory in High-Profile Gene-Editing Technology Dispute <p> A team of Jenner &amp; Block patent lawyers won a victory before the US Patent Trial and Appeal Board (PTAB) in a highly watched case regarding who owns the patent for a groundbreaking gene-editing technology.&nbsp; The technology at issue is called CRISPR, which has revolutionized the field of gene editing by allowing scientists to remove and replace genes in a manner that is easier and more effective than previously thought possible.&nbsp; The firm’s client is The Broad Institute of MIT and Harvard, which argued that its patents on the use of CRISPR to edit animal and human cells do not overlap with the patent applications of a research team from the University of California - Berkeley and the University of Vienna.&nbsp;&nbsp;</p> <p> In December, Partner <a href="">Steven R. Trybus</a> argued before a three-judge PTAB panel that the UC-Berkeley/University of Vienna researchers had not shown how the system would work in eukaryotic cells, and, therefore, Broad deserved its separate patent status.</p> <p> On February 15, 2017, the PTAB ruled that the patents do not interfere.&nbsp; “Specifically,” the <a href="">opinion</a> reads, “the evidence shows that the invention of such systems in eukaryotic cells would not have been obvious over the invention of CRISPR-Cas9 systems in any environment, including in prokaryotic cells or <em>in</em> <em>vitro</em>, because one of ordinary skill in the art would not have reasonably expected a CRISPR-Cas9 system to be successful in a eukaryotic environment. This evidence shows that the parties’ claims do not interfere.”</p> <p> In addition to Mr. Trybus, the team included Partners <a href="">Paul D. Margolis</a> and <a href="">Harry J. Roper</a>, Associates <a href="">Ren-How H. Harn</a> and <a href="">Susan A. O’Brien</a> and Patent Agent Christine Falaschetti.</p> <p> Please click <a href="">here</a> for a statement from The Broad Institute about the PTAB decision.</p> 15 Feb 2017 Jenner & Block Insights Video: Anatomy of a Patent Case <p> <iframe allowfullscreen="" frameborder="0" height="255" mozallowfullscreen="" src="" webkitallowfullscreen="" width="450"></iframe></p> <p> Edited by Jenner &amp; Block Partners <a href="">Harry J. Roper </a>and <a href="">Paul D. Margolis</a>, the fourth edition of <em>Anatomy of a Patent Case </em>was recently published by the American College of Trial Lawyers and the Federal Judicial Center.</p> <p> The book reviews major updates in patent litigation over the past four years. &nbsp;Topics include the passage of the America Invents Act, changes in the claim construction review standard; the test for proving invalidity by indefiniteness; and changes in patent eligibility and the standard for lawyers’ fees and willful infringement.</p> 15 Feb 2017