2008 FIRM REPORT our clients “Ensuring that our clients are satisfied is central to our business strategy.” 35th anniversary “As we celebrate our 35th anniversary, we want to take this opportunity to extend our heartfelt gratitude to our clients, employees and friends of the firm.” adding value “By combining our professional skills, diversity and team- driven, yet practical approach, we work to add value in all we do for our clients.” trusted legal advisors “We are committed to providing services that foster innovation and success for our clients.” teamwork “Leveraging the breadth and depth of our experience to serve each client’s unique needs.” the future “While helping our clients prepare for the future, we are actively working with them to manage the immediate economic issues facing all businesses, and the country at large.” CEO’s MESSAGE Dear Clients and Friends of the Firm: On behalf of our attorneys and staff, I am pleased to present Winstead’s 2008 Firm Report. The highlights included in this year’s Firm Report illustrate the strength of our firm, the depth of our expertise, and most importantly, our commitment to you, our clients. The year 2008 has been filled with both challenges and opportunities. This year also marks Winstead’s 35th anniversary. In reflecting on our firm’s history, we wish to express our sincere appreciation to each of you. We have been in business for 35 years because of clients who depend on us to serve as their trusted legal advisors. Representing you is a privilege that we know we must continue to earn each day, and we thank you for trusting us to work for you. As we look to 2009, Winstead is well positioned and prepared to help clients manage daily business decisions, and provide counsel for immediate planning and long-term strategies to achieve both business and individual goals. Winstead continues to represent major institutions and companies regionally and nationally in a broad range of legal services. Our litigation and appellate practices are setting high standards for legal representation, particularly as controversy work increases in a challenging economy. Our distressed debt, corporate, securities, mergers and acquisitions, tax, financial services, bankruptcy and workout practices handle some of the most sophisticated and complex matters in the country today, supported by a cross-section of great lawyers from a number of diverse practice groups. Our award-winning real estate practice has worked on some of the most prominent real estate projects across the nation, and they are ensuring that our clients’ businesses and interests are well preserved and strengthened with a long-term view. And our technology practices continue to provide innovative solutions to our clients’ rapidly evolving technology transactions. Furthermore, significant additions have been made to our bench strength in the regulatory, environmental, energy, nanotechnology and biotechnology practice areas with superb practitioners enhancing our client services. While we are proud of our clients’ successes and the strength of our firm, we understand that our country is facing a pivotal and extraordinary period for our economy. With this very important situation in mind, Winstead continues to strive to make our law firm even better, with a goal of providing superior legal services that are value-driven for your benefit during these trying times. We are on your team and will continue to focus on essential work for you. In recognition of the current economic slow-down, we will not implement any general, across-the-board increases in billing rates for 2009, although some modest adjustments will be made for associates moving up to their next class and experience level. Again, we appreciate the confidence you have shown in our firm. It is our pleasure to work for you and be assured that Winstead remains committed to our core values and our focus on helping you. We wish you continued success. If Winstead can be of assistance to you in any way, please feel free to contact me personally at [email protected] or your regular representative at the firm. Denis Clive Braham Chairman & CEO 1 WINSTEAD PRACTICE AND INDUSTRY GROUPS At Winstead, we help our clients solve their toughest business challenges. And that means focusing on a multitude of practice areas from business TABLE OF CONTENTS and transactions to litigation and dispute resolution. Led by a qualified team of attorneys and experienced professionals, each practice area Winstead Practice and Industry Groups .......................2-3 delivers the perfect combination of practical knowledge and responsive service. And it’s all backed by a get-it-done attitude. Winning For Our Clients ............................................. 3-19 Business & Transactions BUSINESS & TRANSACTIONS •Business Restructuring/Bankruptcy .............................. 3 •Corporate, Securities/Mergers & Acquisitions ............... 4 Business Restructuring/Bankruptcy •Finance & Banking ..................................................... 4 Practice Group Leader – Phillip L. Lamberson [email protected] • 214.745.5180 •Government Relations ................................................ 7 Corporate, Securities/Mergers & Acquisitions •Public Finance ........................................................... 7 Practice Group Leader – Mark G. Johnson [email protected] • 214.745.5600 •Public & Regulatory Law ............................................. 8 Finance & Banking •Real Estate Development & Investments ...................... 9 Practice Group Leader – Michael W. Hilliard •Real Estate Structured Finance ................................. 10 [email protected] • 214.745.5843 •Taxation, Employee Benefits & Private Business ......... 11 Government Relations Practice Group Leader – William LaForge •Wealth Preservation ................................................. 12 [email protected] • 202.572.8016 Litigation & Dispute Resolution Public Finance Practice Group Leader – M. Paul Martin •Appellate ................................................................. 13 [email protected] • 210.277.6801 •Commercial Litigation .............................................. 14 Public & Regulatory Law •Construction ............................................................ 14 Practice Group Leaders – Andrew Kever, Forrest C. Roan [email protected] • 512.370.2845 •Energy & Environmental Law...................................... 16 [email protected] • 512.370.2999 •Government Enforcement & Regulated Real Estate Development & Investments Practice Group Leader – Mike C. McWilliams Industries Litigation ................................................. 16 [email protected] • 214.745.5631 •Intellectual Property ................................................. 17 Real Estate Structured Finance •Labor, Employment & Immigration ............................. 18 Practice Group Leader – Kevin A. Sullivan [email protected] • 214.745.5292 •Tort & Insurance Litigation ........................................ 18 Taxation, Employee Benefits & Private Business Professional Excellence ................................................ 19 Practice Group Leader – Thomas R. Helfand [email protected] • 214.745.5342 Diversity Committee Report .......................................... 21 Wealth Preservation Community Relations Report ........................................ 22 Practice Group Leader – John F. Bergner Pro Bono Report ........................................................... 23 [email protected] • 214.745.5289 Leadership Winstead .................................................... 24 LITIGATION & DISPUTE RESOLUTION New Attorneys .............................................................. 25 Appellate Practice Group Leader – Craig T. Enoch Strategic Focus & Commitment to Clients ..................... 26 [email protected] • 512.370.2883 2 WINSTEAD PRACTICE AND INDUSTRY GROUPS Commercial Litigation Winstead serves a vast range of industries. The list below represents just Practice Group Leader – Wayne W. Bost a few of our key industry groups. [email protected] • 512.370.2859 Construction • Aviation Practice Group Leader – Stewart Whitehead • Biotechnology [email protected] • 512.370.2854 • Construction • Energy & Natural Resources Energy & Environmental Law • Financial Services Practice Group Leader – Thomas T. Hutcheson • Government [email protected] • 713.650.2717 • Insurance Government Enforcement & Regulated Industries Litigation • Nanotechnology Practice Group Leader – Linda J. Burgess • Real Estate [email protected] • 512.370.2881 • Sports Business & Public Venues Intellectual Property • Technology Practice Group Leader – Robert C. Shaddox • Telecommunications [email protected] • 713.650.2764 • Transportation Labor, Employment & Immigration Practice Group Leader – Dan Dargene To learn more about Winstead’s practice and industry groups, [email protected] • 214.745.5314 please visit winstead.com Tort & Insurance Litigation Practice Group Leader – Michael C. Wright [email protected] • 214.745.5232 WINNING FOR OUR CLIENTS The following examples of client work, while not a comprehensive list order to give comfort to the suppliers of the refinery while it executes of all our recent work, demonstrate the breadth of Winstead’s talent and on strategic alternatives to reduce its debt. experience. • Served as legal counsel to a large publicly traded bank as part of BUSINESS & TRANSACTIONS DEPARTMENT a syndicate of lenders to a cotton broker