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Thomas S. Dick Diana Erbsen Alan Winston Granwell Ellis ReemerBruce Wein Peter Zeidenberg
DLA Piper is monitoring the efforts by governments around the world to combat offshore tax evasion. To receive our latest Alerts in your e-mail inbox, subscribe by e-mailing . DLA Piper's International Tax Enforcement and Compliance Team March 2, 2010 - Tax AlertTreasury issues guidance on FBAR reporting January 29, 2010 - International Tax NewsletterAustralia: "Nothing focuses the mind like a hanging": ATO's new offer to offshore tax evaders January 29, 2010 - International Tax NewsletterChina targets offshore companies making indirect equity transfers of Chinese companies December 7, 2009 - International Tax NewsletterForeign financial institutions note: FATCA bill will include new IRS reporting requirements November 30, 2009 - International Tax Compliance AlertGlobal focus on tax enforcement initiativesOctober 6, 2009 - Bank Secrecy AlertThe long arm of the US government: the harsh new reality for foreign banks September 23, 2009 - Tax AlertLending activity by offshore foreign corporation gives rise to effectively connected income according to Internal Revenue Service Memorandum August 10, 2009 - Tax AlertTreasury extends FBAR reporting deadline for certain persons May 21, 2009 - Tax AlertVoluntary disclosure program for offshore accounts provides opportunity for US taxpayers May 14, 2009 - Tax AlertObama Administration's FY 2010 revenue proposals: offshore accounts and entities March 31, 2009 - International Tax NewsletterIRS issues new voluntary disclosure guidance for unreported offshore accounts and entities
DLA Piper is monitoring the issues around the global financial crisis. To receive our latest Alerts in your e-mail inbox, subscribe by e-mailing . EMEA and AsiaOur European and Asian offices have produced a series of brief alerts to help our banking clients understand the legislative and financial steps being undertaken by the relevant authorities in more than twenty jurisdictions to stabilise local financial institutions. Please click here for full list of EMEA and Asia jurisdictions. DLA Piper's Financial Crisis Response Team
Former Ernst & Young partner and Deutsche Bank investment banker, Stephen Hoyle, to spearhead the UK tax team at DLA Piper
DLA Piper today announced that it has appointed Stephen Hoyle as a partner and Head of UK Tax. Stephen, a specialist in corporate tax and structured transactions, joined DLA Piper's London office on 19 July from Ernst & Young, where he was a senior-ranking tax partner. With a mandate to strengthen the UK Tax team and support the strategic growth of the Corporate, Real Estate and Finance practices in the UK and the US, Stephen will lead and expand a team that provides a full range of tax services, including advice on transactional matters, asset finance, structured finance, corporate reorganisations, capital markets and IPOs, VAT, property and Inland Revenue investigations. Stephen is a highly-experienced tax lawyer who has worked on all aspects of corporate tax and structured transactions in the UK and US markets. Prior to joining DLA Piper, Stephen was a partner in the International Tax Services group at Ernst & Young. Before that he was a managing director in Deutsche Bank's Structured Capital Markets group, following 18 years as a tax partner at Freshfield Bruckhaus Deringers. At Deutsche Bank AG's London branch Stephen worked on front office origination of investment and financing transactions for the UK and US markets, and infrastructure. At Freshfield Stephen advised on all aspects of corporate taxation but specialised in structured transactions and insurance business. In recent years DLA Piper has strengthened its tax capabilities around the world, recruiting international tax experts in New York, Los Angeles, France, Poland, Russia, Germany and Italy. Stephen's arrival builds on that trend and will see DLA Piper expand its UK team and develop the range of tax services it provides to its clients. "Stephen joins our tax practice at an exciting time as we are expanding our capabilities globally and his arrival will enable us to enhance the service we offer to our clients in the UK and internationally, said Roderik Bouwman, EMEA Head of Tax at DLA Piper. Roderik continued: "Our UK tax practice is an important part of our broader tax offering and with Stephen's experience and leadership we will build our UK team in order to leverage the capabilities of our global platform." Andrew Darwin, EMEA Managing Director at DLA Piper, said: "We tried to hire Stephen two years ago and are therefore very pleased that he has now agreed to join us. Tax is a growing part of our practice, both in Europe and globally, and we believe Stephen will make a significant contribution to its future development, bringing a combination of expertise, experience and client relationships." Recognised as one of the rising tax practices across Europe at the International Tax Review's (ITR) European Tax Awards 2010 when it was named "Best Newcomer of the Year", DLA Piper is fast establishing itself as a key advisor for tax issues. Stephen's experience of complex, structured transactions will complement the existing strengths of the UK team and his leadership will contribute to the development of DLA Piper's global tax offering to clients, working in close collaboration with teams across the US, Europe and Asia.
DLA Piper has advised PC-Ware Information Technologies AG, a majority shareholder of the Raiffeisen Informatik Group, on a capital increase with subscription rights. The company's shares are quoted on the Frankfurt Stock Exchange. DLA Piper advised on stock corporation and capital market law. As part of the increase from authorised capital, shareholders were offered 8.34 million new shares during the subscription period up to 12 July 2010, at a price of €19.50 per share. The subscription rate was 95 percent. Non-subscribed shares were placed privately. With this transaction, PC-Ware Information Technologies generated approximately €35.94 million. Based in Leipzig, PC-Ware Information Technologies AG is one of the market leaders in software licensing in Europe and a provider of IT services and solutions in the software and data centre segment. In the 2008/2009 financial year the company generated sales revenue of €890 million. The DLA Piper team included the partners, Kerstin Schnabel (Cologne) and Dr. Christoph Papenheim (Frankfurt), as well as associates, Uta Carpier and Dr. Anja Köritz (both from Cologne).
Decision Reverses Previous Ruling in Favor of Cuban State Corporation Cubatabaco, Reaffirms General Cigar’s Rights to Sell Popular Cohiba-Branded Cigars in the United States
DLA Piper announced today that it successfully obtained reversal by the US Court of Appeals for the Second Circuit of a 2009 district court decision that had prohibited General Cigar Co., Inc. and General Cigar Holdings, Inc. from selling Cohiba cigars in the United States. The July 14 ruling is a significant victory for General Cigar, as it restores General Cigar’s exclusive right to market and sell Cohiba brand cigars in the United States.
“The Second Circuit’s reversal of the injunction that prohibited General Cigar from using the Cohiba mark reaffirms the company’s exclusive rights to the Cohiba cigar brand in the US,” said Andrew L. Deutsch, lead counsel and partner in DLA Piper’s Intellectual Property and Technology practice in the New York office. “General Cigar’s Cohiba brand cigar is very popular among cigar enthusiasts, and General Cigar regards the outcome as a tremendous victory. We are extremely proud of our team’s hard work to obtain a favorable decision on our client’s behalf.”
In 1997, the Cuban state tobacco monopoly, known as Cubatabaco, sued General Cigar, claiming that the company’s sale of the Cohiba brand cigar in the United States was federal trademark infringement and state law unfair competition. In 2004, the US District Court for the Southern District of New York dismissed the state claim, but upheld Cubatabaco’s federal claims, and prohibited General Cigar from selling Cohiba cigars in the United States. In 2005, the Second Circuit affirmed the District Court’s decision on state law, but reversed its finding of federal trademark infringement and vacated the injunction, allowing General Cigar’s continued sale of the Cohiba brand. The US Supreme Court refused to hear Cubatabaco’s appeal.
However, in 2008, Cubatabaco moved to reopen the 2004 judgment on the grounds that New York unfair competition law had changed since the 2005 decision, and that it was now entitled to judgment on the unfair competition claim. The District Court granted this motion, awarded Cubatabaco judgment on its state claim, and ordered another injunction that once again prohibited General Cigar’s sale of Cohiba cigars domestically. The Second Circuit reversed, finding that the District Court had abused its discretion in ruling for Cubatabaco. It held that New York law had not changed, and that there were no extraordinary circumstances to justify reopening the 2004 judgment.
In addition to Deutsch, the DLA Piper team representing General Cigar included Joshua S. Sohn, a partner in the firm’s New York office and Airina L. Rodrigues, an associate also in the firm’s New York office.
About the Intellectual Property and Technology Practice
DLA Piper’s Intellectual Property and Technology practice offers clients comprehensive IP services, including patent, trademark, copyright litigation, patent prosecution, IP due diligence and strategic IP asset management. The firm has nearly 400 IP attorneys in 48 cities and 22 countries which ranks the group among the largest IP practices in the world. DLA Piper’s Patent Litigation practice in the US
alone includes more than 80 lawyers.
CONTACTS:
Laura Miller, Media Relations, Greentarget Global Group, 312.252.4104
Kristen Griffin, Media Relations, Greentarget Global Group, 312.252.4107
Leaders of Yorkshire's public and private sectors are gathering to review the impact of first 100 days of the new coalition Government on the Yorkshire region. The debate, organised by legal firm DLA Piper and Financial Leeds, will take place on September 9th at the Rose Bowl in Leeds. Its aim is to bring together 100 leaders of the region's business community and public sector, to consider the challenges and opportunities facing Yorkshire under the new Government. BBC Political Commentator Jon Sopel will chair the discussion, whilst Tom Riordan, new Chief Executive of Leeds City Council and Chief Executive of Financial Leeds Howard Kew will sit on a panel of leading representatives from the region's political and business worlds. Neil McLean, Managing Partner of DLA Piper in Leeds comments: "There has been massive change in the political and economic geography of the UK in recent months - and there is clearly more to come. "Reductions in public spending, tax reforms and the proposed abolition of regional structures and introduction of Local Economic Partnerships will affect us all, whatever side of the public/private sector fence we sit on. "We believe there is a real appetite in the region to consider how these changes may generate new opportunities and challenges, and how we need to approach them. By bringing together key representatives from across the region and a panel of leading lights from the public and private sectors, we will create a challenging and interactive forum for discussion, and hopefully, some clear messages about where our region sees itself heading." Invitations to attend the event, which will be followed by a dinner at the venue, have already been sent to business leaders and public sector officials across the region, along with an invitation to suggest questions for the panel and discussion topics. Key areas of debate will include a look at the current economic landscape of the region, how Whitehall policy is translating in Yorkshire and what the opportunities and challenges are in light of reduced public spending and increase localisation.
Bring Extensive Emerging Company, Technology and Life Science Experience to Newly Established New Jersey Office
DLA Piper announced today that Andrew P. Gilbert and Michael E. Helmer have joined the firm as partners in the Corporate Group resident in a newly established New Jersey office. Gilbert comes to the firm from Morgan Lewis and Helmer comes to the firm from Greenberg Traurig. They will be Co-Managing Partners of the office. Gilbert and Helmer focus their practices on corporate finance transactions, mergers and acquisitions, technology transfers and licensing, corporate governance and securities law compliance with an emphasis in the technology, life sciences and energy industries. They advise clients on a full range of financing transactions and corporate matters including IPOs, PIPES, SEC periodic reporting documents and registration statements, joint ventures and collaborations, private placements, and venture capital, private equity and institutional financings. Gilbert and Helmer have also advised numerous start-up and emerging growth companies with planning profitable liquidity strategies and regularly serve as outside general counsel to public and private companies at all stages of development. “Andrew and Michael are both very well-respected corporate attorneys and have built highly-successful practices in the technology and life sciences industries,” said Roger Meltzer, partner and Global Chair of the Corporate and Finance practice at DLA Piper. “The pharmaceutical, life sciences and technology markets in New Jersey, New York and Pennsylvania are strategic priorities for the firm, and the additions of Andrew and Michael bolster the firm’s capabilities to address the constantly increasing needs of clients in these sectors. We welcome them to the firm.” “DLA Piper has first-class corporate, securities and M&A practices, a nationally recognized emerging company presence and unparalleled international platform,” said Gilbert. “I look forward to helping the firm expand its presence in the region.” “I believe that DLA Piper’s unparalleled reach, coupled with its depth in the pharmaceutical, life sciences, technology and energy sectors, is a solid match for my practice and my clients businesses” said Helmer. “The firm has a sophisticated, top-notch Corporate practice and I am pleased to be joining this team of talented attorneys.” About the New Partners Andrew P. Gilbert represents issuers, underwriters and venture capital firms on both public and private offerings. Mr. Gilbert also regularly represents his clients in mergers, acquisitions and other strategic transactions. He has extensive knowledge of securities law compliance and has also counseled numerous start-ups and entrepreneurs in the technology, pharmaceutical and life sciences industries. He has been highly rated in Chambers USA from 2007-2010 and received a J.D. from Rutgers University Law School and B.A. from Colgate University. Michael E. Helmer advises buyers, sellers, management teams, independent board committees, banks and investors in M&A and joint venture transactions, private equity, venture capital and institutional financings. He has also closed numerous transactions on behalf of Fortune 100 corporations as well as start-up companies and also counsels clients on technology and licensing, contractual matters and corporate governance. Helmer was previously Managing Partner of Thacher Proffitt & Wood’s New Jersey office. He received a J.D. from Fordham University School of Law and B.A. from St. Lawrence University.
About DLA Piper’s Corporate Practice
DLA Piper consistently ranks among the most active global law firms in volume of IPOs, cross-border public offerings and M&A activity, as cited by Dow Jones, Mergermarket and ThomsonReuters. In addition, the firm’s Venture Pipeline Group is a leader in guiding early-stage companies through the fundraising process. Information on DLA Piper’s Venture Pipeline business unit can be seen at http://www.venturepipeline.com/.
About DLA Piper (www.dlapiper.com)
DLA Piper has 3,500 lawyers in 30 countries and 68 offices throughout the US, UK, Continental Europe, Middle East and Asia. In certain jurisdictions, this information may be considered attorney advertising.
Rob Shapiro, Media Relations, Greentarget Global Group, 646.695.2881
DLA Piper has advised project development and management company, Hideal Partners, on the sale of its 94.5 percent share of Schradenbiogas GmbH & Co. KG. The shares were sold to BayWa r.e, a subsidiary of BayWa AG, through which the group is positioning itself in the growth market for renewable energies. Schradenbiogas GmbH & Co. KG operates bio-methane plants in Brandenburg and Sachsen-Anhalt. Its clients include companies in the food retail trade, the food industry and small businesses whose organic waste is disposed of by Schradenbiogas. Schradenbiogas employs around 50 people and in 2009 it generated sales of approximately €5 million. Hideal Partners is one of the leading independent consulting, project development and management companies in the infrastructure sector in Europe. One of its main areas of focus is renewable energies. The company has offices in Luxembourg, the UK, Germany, Italy and Spain. The DLA Piper team included partners Dr. Matthias Lupp (corporate/M&A/Munich and lead lawyer) and Dr. Uwe Eppler (tax/Hamburg), as well as associates Ksenia Ilina (corporate/M&A/Munich) and Dr. Cornelius Frie (corporate/M&A/Cologne).
DLA Piper has advised the US-American internet company, Groupon Inc. (Chicago) on its takeover of the German startup, CityDeal GmbH (Berlin). The purchase price was settled through the transfer of shares. Groupon offers one deal-of-the-day per region, in cooperation with a number of partners, including restaurants, cinemas, recreational facilities and other businesses. The deals are only offered if a minimum number of buyers sign up for the deal. CityDeal has a similar business model but also covers the European market. Backed by Rocket Internet GmbH, of the Samwer brothers Alexander, Marc and Oliver, as well as venture capitalists, Holtzbrinck Ventures, eVenture Capital Partners and Investment AV Kinnevik, CityDeal has been active in the market for six months. With the acquisition of CityDeal, Groupon now has around 900 employees and is active in 140 cities in 18 countries. The DLA Piper team advising Groupon comprised partners Dr. Matthias Lupp (private equity, Munich), Dr. Uwe Eppler (tax, Hamburg), Rick Ginsberg (corporate, Chicago), Kai Tumbrägel (commercial, Cologne), as well as associates Ksenia Ilina (private equity, Munich), Brigitte Gallenkemper (tax, Hamburg), Dr. Cornelius Frie, Timo Betjemann, Dr. Katia Niemann (all corporate, Cologne) and Saskia Lais (commercial, Cologne).
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