Monday, November 29, 2004
Goodell DeVries (Maryland) Wins Directed Verdict for Crown Equipment
Thomas J. Cullen, Jr., a partner with the firm, and 
Adam T. Sampson , an associate with the firm, obtained a directed verdict on behalf of Crown Equipment Corporation, a forklift manufacturer, after a two day product liability trial in Mississippi. The case involved a claim by plaintiff for compensatory and punitive damages arising out of injuries sustained during an accident involving a forklift designed and manufactured by Crown.
Plaintiff sustained a partial left foot amputation as a result of the accident. The federal court granted Crown's motion for directed verdict at the close of plaintiff's case finding that plaintiff could not sustain her burden of proof without expert testimony. Prior to trial the court had granted Crown's motion to exclude plaintiff's experts on substantive grounds.
Impact of Corporate Governance Changes on Canadian Companies
Blakes is pleased to present the results of a ground-breaking national survey which examines the impact of corporate governance regulatory changes on Canadian public companies.
The survey of corporate directors, CFOs, investor relations officers, and general counsel was conducted by Ipsos-Reid for Blakes, the TSX, CIRI and the Institute of Corporate Directors.
Survey's Key Findings
Press Release
Canada's National Rule on Corporate Governance
Alschuler Grossman Stein & Kahan LLP Wins Law Firm Award for Diversity
Los Angeles, CA, November 9, 2004.
The California Minority Counsel Program (CMCP) recognized Alschuler Grossman Stein & Kahan LLP today for its commitment to encouraging diversity. The firm won the Drucilla Stender Ramey Law Firm Award For Diversity, given annually to a California majority owned law firm that best exemplifies the goal of the California Minority Counsel Program to encourage diversity in large law firms.
Kristina Diaz, a partner with Alschuler Grossman Stein & Kahan LLP, accepted the award on behalf of her firm at the CMCP Awards luncheon today held at the Renaissance Parc 55 Hotel in San Francisco. Minorities comprise 25 percent of AGSK's associate ranks (with 12 minority associates) and 16 percent of the firm's partnership ranks (with 8 minority partners). In January of this year, AGSK promoted four new partners. Two of those partners were minorities. "These numbers far exceed the percentage of minorities in several of the firms recently given top rankings for minority membership recognized by Minority Law Journal and American Lawyer," Diaz said.
Upon learning of the firm's award, managing partner Bruce Friedman said, "We are honored to receive this award that acknowledges diversity in large law firms. The high number of diverse lawyers in the firm is a natural result of the values of our firm and the focus on recruiting the best lawyers without regard to gender, race, religion or sexual orientation."
AGSK encourages all its partners to hold leadership positions within the firm. Many minority partners hold key leadership opportunities including, but not limited to, co-chair of the firm's Entertainment Litigation Department and chair of the Pacific Rim Practice Group. Minority partners additionally sit on several of the firm's management committees including the Executive Committee, Compensation Committee, and the Recruiting Committee.
The firm encourages involvement in minority organizations and bar associations, and provides economic and time-resources support for attorney involvement in these organizations. Representative minority bar organizations in which attorneys in the firm play a leadership role include the John M. Langston Bar Association, Southern California Chinese Lawyer's Association, National Asian Pacific American Bar Association, and the Armenian Bar Association. In addition, partner Katessa Davis serves on the ABA's Presidential Advisory Council on Diversity in the Profession. Partner Lucia Coyoca is a member of the State Bar's Committee on Diversity and participates in the Diversity Roundtable, an organization whose mandate is to address the issue of increasing diversity within large Los Angeles law firms.
Furthering its commitment, the firm has identified diversity as one of five core values to be focused on over the next five years, and has established a Diversity Initiative within AGSK to help the firm maintain the high numbers of minority lawyers within AGSK. The Diversity Initiative will ensure that every attorney in the firm has equal access to the opportunities which help shape a successful career such as access to mentors, advancement into partnership ranks, and participation on the firm's management committees.
Tuesday, November 23, 2004
Weinberg, Wheeler, Hudgins, Gunn & Dial Expands to Las Vegas
ATLANTA, GEORGIA (November 22, 2004) Weinberg, Wheeler, Hudgins, Gunn announced today the opening of its Las Vegas, Nevada office. The Las Vegas office is located in the heart of the legal district, and is headed by Weinberg, Wheeler partner, David J. Larson.
The firm has five lawyers who will work out of its new Nevada offices. In addition to Mr. Larson, they include D. Lee Roberts, Jr. of Counsel; Associates; Christopher T. Byrd, Howard J. Russell and Thomas E. Trojan. The firm has a sixth lawyer joining the Nevada office in January.
This strategic expansion into the western U.S. reflects WWHGD’s commitment to serve the growing demands of its clients.
The Las Vegas office will continue WWHGD’s focus on all aspects of litigation of high-end defense litigation- particularly in the areas of commercial and construction litigation, catastrophic injury and wrongful death.
“We have been handling a number of cases in Nevada in the last few years, including acting as trial counsel for a major casino in the largest trial in Nevada history,” said Skip Hudgins, WWHGD’s managing partner. “Las Vegas continues to experience phenomenal growth which has resulted in a significant increase in the litigation needs of our clients. We like the city. We Like the state. We look forward to practicing law here.”
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC is an Atlanta-based national trial and litigation firm focusing on the complex civil litigation needs of its corporate and insurance company clients.
Lightfoot Franklin Victorious in Defense of Disney and ABC
Over Depiction of Public Figure in Film
Civil rights hero loses $1 million suit over film
Sunday, November 21, 2004
Chanda Temple, News staff writer, Birmingham News
A Jefferson County, Alabama (Birmingham) jury rejected a Tuskegee woman's $1 million lawsuit that claimed ABC and Disney maliciously portrayed her in the 1999 television movie "Selma, Lord, Selma."
Amelia Boynton Robinson, a civil rights pioneer who had helped register voters in Selma starting in the 1930s, filed the "false light" suit against the companies and a studio executive, claiming the docudrama did not properly depict her and her role in the Selma voting rights events of 1965. As a result, the 93-year-old claims she lost her dignity.
The defense denied all the claims, saying Robinson was depicted heroically and treated with respect in the making of the movie.
Defense attorneys J. Banks Sewell III and Terry McCarthy told jurors that the movie was based on a 1980 book by the same name and faithfully tells the story from the childhood memories of two girls, Rachel West and Sheyann Webb, and their roles in the 1965 voting rights struggle in Selma.
The defense also said that Robinson, who was 54 in 1965, was a public figure and she had to show that the movie was done with reckless disregard for truth.
One juror said the jury respected Robinson and what she did for the civil rights movement but jurors ruled based on the law.
The verdict came about 30 minutes after deliberations Thursday.
"We are very pleased with the victory," said McCarthy. "We are happy that the jury upheld the integrity of the movie."
The movie, which aired Jan. 17, 1999 on ABC, was adapted from the book by retired Birmingham News reporter Frank Sikora. The two girls, ages 8 and 9, were among the youngest participants in the "Bloody Sunday" march across Selma's Edmund Pettus Bridge.
Defense attorneys said that since the movie was a docudrama, the First Amendment allows true events to be dramatized and that creators can use composite characters in composite scenes. The movie compresses, shifts around and alters events surrounding the march.
The suit named Walt Disney Television, ABC and Disney studio executive Leah Keith of California, who sat through the trial. Afterwards, Keith was a woman of few words. "It's a real cliche?but justice prevailed," she said.
McCarthy told jurors in closing arguments that Disney did the right things for the movie and depicted everyone involved in civil rights heroically.
"There's no evidence in this case to punish Leah Keith, Disney and ABC for that seven minutes, and certainly you shouldn't punish anyone for trying to do the right thing," McCarthy said.
The suit was filed in Jefferson County because it was determined that ABC television towers based here transmitted the movie to other stations across Alabama. Circuit Judge Tennant Smallwood heard the case.
Wednesday, November 10, 2004
American Lawyer Profiles Top Plaintiff Law Firms, 2004
Monday, November 08, 2004
Virginia Supreme Court Upholds Defense Verdict
Case examined scope of cross examination of defendant physician
The Supreme Court of Virginia has upheld the defense verdict obtained by LeClair Ryan attorneys Rod Adams and Tanner Smith in a wrongful death action after gastric bypass surgery.
In Smith v. Irving, the Supreme Court rejected plaintiff's contention that he had a right to cross examine the defendant physician on the standard of care. This appeal has been followed closely by the medical malpractice bar and was the main discussion at the Virginia Association of Defense Attorneys / Medical Malpractice section autumn meeting.
Friday, November 05, 2004
Noted Litigator Michael Himmel Joins Lowenstein Sandler
Will Head White Collar Defense Practice
Litigation Partners Kipnees, Porrino Also Make Lateral Move
High-profile litigator and white collar criminal defense attorney Michael B. Himmel has joined Lowenstein Sandler PC, where he will chair the firm's White Collar Criminal Defense practice group.
Joining Himmel at Lowenstein Sandler are litigators Robert J. Kipnees and Christopher S. Porrino. All three are admitted and practice in New Jersey and New York. The three litigators were previously partners at Woodbridge, N.J.-based Greenbaum, Rowe, Smith, Ravin, Davis & Himmel.
Michael B. Himmel is chair of the firm's White Collar Criminal Defense Practice Group and a member of the Litigation Department. Listed in The Best Lawyers in America since 2001, Mr. Himmel has been selected for inclusion in two categories, Criminal Defense and Business Litigation. He was also selected for inclusion in the Chambers USA - America's Leading Business Lawyers 2004 - 2005 guide as a leading individual in the Litigation practice area. He is the 2003 recipient of the Trial Bar Award of the Trial Attorneys of New Jersey. He served as President of the Association of the Federal Bar for the State of New Jersey for the term 1998 - 2000. He is a Fellow of the American Bar Foundation.
At Lowenstein Sandler, Himmel will continue to represent individuals and corporations in tax fraud, securities fraud, political corruption and antitrust cases. Himmel is also well known for his work in complex business litigation. Himmel's national practice includes the representation of several clients in connection with the criminal investigation being conducted by the Enron Task Force in Houston. He has represented the State of New Jersey in the prosecution of two multi-billion dollar class action securities fraud cases.
"I was a name partner in my former firm, and it was not only home to me for many years but also a wonderful place to practice," Himmel said. "I leave behind many good friends and esteemed colleagues. The opportunity to join Lowenstein Sandler, a rising powerhouse among law firms and one that is committed to a strong presence in New York, was too great, however, to pass up. I'm professionally and personally excited to be joining a firm that will offer me opportunities in two states where I practice."
Himmel entered private practice in 1982 after stints as a Bronx Assistant District Attorney and Assistant U.S. Attorney in New Jersey. Himmel has been listed in The Best Lawyers in America since 2000, in criminal defense and business litigation. He is also included in the Chambers 2004-05 guide to leading business litigation lawyers in America. In 2003, he received the Trial Bar Award of the Trial Attorneys of New Jersey, and from 1998 through 2000, he was president of the Association of the Federal Bar for the State of New Jersey.
Kipnees handles complex civil securities fraud cases, class actions, and RICO cases in addition to white collar criminal defense cases. He is a former Assistant U.S. Attorney in New Jersey, where he worked in the general criminal division and in special prosecutions. Since re-entering private practice in 1985, Kipnees successfully defended numerous business executives, professionals and corporations in criminal investigations and prosecutions. He has been an adjunct professor at Seton Hall University School of Law since 1993 and is the author of "Criminal Trial Preparation" for New Jersey's Institute of Continuing Legal Education.
Porrino will continue his national practice representing corporate and individual clients in complex business disputes, significant white collar criminal matters and internal investigations. Porrino is known for his representation of clients in insurance fraud, bank fraud, securities fraud, political corruption and antitrust cases, as well as the defense of lawyers, accountants and physicians in professional disciplinary matters. He is an oft-published author of articles and treatises on white collar crime for various professional journals and publications.
Michael L. Rodburg, managing director of Lowenstein Sandler, said, "The addition of Mike Himmel, Rob Kipnees, and Chris Porrino to an already strong team of great litigators keeps the firm in the forefront of complex and important litigation in New Jersey and throughout the nation. Mike Himmel is one of the big names in litigation in this area, and we're very pleased that he has chosen to join Lowenstein Sandler. His background, his abilities and his penchant for attracting prominent clients and cases are perfectly suited to our growing practice in all phases of complex litigation."
Himmel, Kipnees and Porrino will be joining forces with Lowenstein Sandler director and white collar litigator R. Scott Thompson. Said Thompson, "I'm excited about the prospects of working with a lawyer of Mike Himmel's stature. He will be a great colleague."
Keith Phoenix, John Sandberg and Ken Bean of Sandberg, Phoenix & von Gontard P.C. have been named as top trial lawyers in the 2005 issue of Best Lawyers in America.
Published biennially since 1983, The Best Lawyers in America is widely regarded as the preeminent referral guide to the legal profession in the United States. The Best Lawyers lists, representing 30 specialties in all 50 states and Washington, DC, are compiled through an exhaustive peer-review survey in which thousands of the top lawyers in the U.S. confidentially evaluate their professional peers.
