Monday, October 31, 2005
AKERMAN SENTERFITT DELIVERS NEEDED ICE TO INNER CITY MIAMI RESIDENTS
Brings New Meaning to the term "Full Service"
Help! Akerman's Miami office called its own Orlando office within hours of Hurricane Wilma. "We need ice." Akerman folks at the Orlando office quickly arranged for a fully-loaded 18-wheeler refrigerated trailer packed with 3,700 bags each containing 7 lbs of ice and soon it was on the road lumbering down the highway to Miamians in need.
When it arrived at Akerman's Miami office, it didn't take too long to realize that, in their enthusiasm, the Orlando office has sent far more ice than Akerman's Miamians could use.
That's when Dershowitz look-alike Alan Rubin, Akerman's Policy Group consultant, formerly a vice president with Miami-Dade’s economic development agency, swung into action. He called Miami Mayor Diaz, and they quickly determined that there was a strong need in the Overtown section of inner city Miami. So Manny Tavarez and Marie Navarro accompanied the truck to Gibson Park in Overtown.
When the 18-wheeler rolled up loaded with bagged ice, residents could hardly believe it. Soon after Hurricane Wilma desimated their neighborhood, cutting power and gasoline supplies, cutting off refrigeration and ice supplies, residents were desparate.
The ice was distributed by City of Miami Director of Economic Development, Charles Bird. Word got out quickly and soon there were elderly people, mothers with children, and lot more and they all got ice!
Akerman is a full service firm. Apparently they take that description seriously.
Sunday, October 30, 2005
LeCLAIR ATTORNEYS' LANHAM ACT DEFENSE VICTORY AFFIRMED BY 4TH CIRCUIT
The United States Court of Appeals for the Fourth Circuit has affirmed a defense victory on summary judgment won by LeClair Ryan’s 
Alan D. Albert and 
David K. Sutelan in a multimillion-dollar false advertising case under the federal Lanham Act.
Albert and Sutelan obtained summary judgment in August, 2004, for a Hampton-based contractor for the National Aeronautics and Space Administration (NASA), sued by an unsuccessful subcontractor for competing firms. The contract at issue provided technical support for aeronautical engineering and research operations at NASA’s Flight Research Center in Edwards, California.
The plaintiff sought to attack the contract collaterally, under the provisions of the federal Lanham Act’s creating a private right of action for damages suffered as a result of false statements made in advertising in interstate commerce. The “false advertising” alleged by the plaintiff consisted of statements contained in a confidential, sealed bid responsive to a Request for Proposals issued by NASA.
The case has received national attention because of the precedential importance of whether the Lanham Act may be used to mount collateral challenges to federal sealed-bid procurement contracts.
Tao of Systems Engineering, Inc. v. Analytical Services and Materials, Inc.¸ 330 F. Supp. 2d 668 (E.D. Va. 2004), aff’d, No. 04-2148 (4th Cir. Aug. 5, 2005) (per curiam).
HECKER BROWN PUBLISHES KATRINA GUIDANCE FOR PROPERTY INSURERS
As a service to its clients, and to assist in the identification of the vast array of issues that have arisen or will likely arise from the Katrina disaster, Hecker Brown Sherry and Johnson LLP partners, Thomas S. Brown, Richard D. Gable, Jr. and Andrew S. Granzow, prepared a series of articles with useful information on practical and legal issues encountered when adjusting losses arising out of a catastrophe.
Also, the Attorney General for the State of Mississippi has filed a Complaint and Motion for Temporary Restraining Order to exclude from coverage property loss and damage brought about by Hurricane Katrina by seeking to void the standard flood exclusions. Click here for a complete copy.
BLAKES RANKS #1 ON BLOOMBERG AND THOMSON FINANCIAL CANADIAN M&A LEAGUE TABLES
TORONTO (October 6, 2005) – Blake, Cassels & Graydon LLP (Blakes), one of Canada’s leading business law firms, today announced that it has ranked number one in the Bloomberg 2005 Q3 Legal Mergers & Acquisitions Rankings, as legal adviser in terms of deal volume and market share for Canadian announced deals. Blakes ranked number one in Bloomberg for each of Q1 and Q2 as well as for the nine months ended September 30, 2005. Blakes also ranked number one in the Thomson Financial, 2005 Q3 Legal Advisers, Mergers & Acquisitions Review for rank value and market share in Canadian announced deals, as well as number one for the nine months ended September 30, 2005.
Among the recent deals Blakes has been involved in are: Kinder Morgan’s US$5.5 billion acquisition of Terasen, TUI AG’s US$2.3 billion acquisition of CP Ships, GlaxoSmithKline plc’s US$1.4 billion acquisition of ID Biomedical Corporation, Harris Corporation’s US$450 million acquisition of Leitch Technology Corporation and Enerplus Resources Fund’s US$421 million acquisition of Lyco Energy Corporation.
“We are obviously pleased with the recent Bloomberg and Thomson rankings,” said 
Jim Christie, Chairman of Blakes. "They demonstrate the depth and breadth of our national M&A practice and are a testament to the hard work, dedication and effectiveness of our legal team.”
Bloomberg and Thomson Financial are widely regarded as the leading compilers of M&A league tables, providing timely access to comprehensive information on financial and legal deal representation.
Founded in 1856, Blakes has over 500 lawyers in offices in Canada, the United States, Europe and China. The Firm’s signature “Blakes means business” is not just a catch phrase but a discipline that defines how Blakes helps clients achieve their business objectives.
Stacey Slater Appointed Pro Bono Partner of Nixon Peabody LLP
Stacey Slater, who has been a litigator at Nixon Peabody for the past ten years, has been named the firm’s first pro bono partner. She will administer the firm’s expanding pro bono program, and head Nixon Peabody’s Pro Bono Committee, which meets regularly and consists of at least one partner from most of the firm’s sixteen offices. The appointment demonstrates the firm’s dedication to pro bono work and its desire to give back to the community.
“Pro bono and community outreach are integral parts of the Nixon Peabody culture,” said Ms. Slater. “Our strong commitment to pro bono stems from an understanding that many individuals have no access to counsel because they simply cannot afford it. We believe in giving back to the community through our pro bono work and in doing so, helping to safeguard the legal rights of the less privileged.”
Through her work with Human Rights First, Ms. Slater has successfully represented several refugee clients seeking asylum in the United States, including a monk from Tibet, two young men from Sudan and the Republic of Congo, and a young woman from the Gambia. In these cases, the clients seeking asylum were fleeing persecution in their homelands and would have faced arrest, torture, and possible execution if deported.
Ms. Slater had been a partner at Nixon Peabody in the Business Litigation Group and Technology and Intellectual Property Group prior to being appointed pro bono partner. She has represented domestic and foreign corporations, investment banks, owners of power plants, and individuals in a variety of business and commercial disputes on issues ranging from breach of contract to fraud and breach of fiduciary duty. Ms. Slater has also represented several large landlords of commercial office buildings in New York City .
Ms. Slater began her pro bono work at Fordham Law School, where she worked on behalf of victims of domestic violence and helped to found Fordham’s Battered Women’s Advocacy Project.
Affiliations
Ms. Slater is on the Regional Board of Directors for the American Jewish Congress and the Steering Committee of the Democratic Leaders for the 21st Century. She is a member of the New York Women’s Bar Association and is on the Domestic Violence Task Force of the New York City Bar Association. Ms. Slater has successfully represented several refugees seeking political asylum in the United States through the Lawyers’ Committee for Human Rights.
Publications
Taking Pro Bono to the Next Level
Time Well Spent—Nixon Peabody Pro Bono Newsletter
Thursday, October 27, 2005
FIRST MAJOR LAW FIRM RETURNS TO OPERATION IN NEW ORLEANS
"Putting Clients First -- No Matter What"
In 1982, enterprising Deutsch, Kerrigan & Stiles lawyers gutted the 1882 LaBelle Creole Cigar and Tobacco Factory building in the warehouse district of New Orleans, installed a multi-story terraced core library and 5 floors of the most spacious, yet inexpensive legal offices in New Orleans, relocated from Houston's Shell Building tower and continued their legal practice, known since 1929 for its results and quality. The AV-rated law firm renovated the certified historic New Orleans landmark, calling on the expertise of its own attorneys in finance, real estate, construction and design. Twenty-three years later that foresight paid off as the 1882 structure survived a direct hit by category 5 hurricane Katrina and glancing blows from sister Rita only weeks later.
Although forced to abandon New Orleans temporarily, today the firm is back in its offices fully operational while other large New Orleans law firms are being denied access to their skyscraper office towers because of lack of water and electric power to those buildings. DKS is fully operational from its Katrina-proof offices with full power, water, air-conditioning, and IT.
Theirs is a story of survival and growth in the face of a natural disaster. It is also a story of caring and assistance for those less fortunate. Only a handful of the law firm’s 150-plus employees have relocated permanently away from New Orleans. And, although the disaster required some temporary layoffs lasting only a month or so, virtually everyone on staff has returned to work and returned to a paycheck – something vital in rebuilding and restoring New Orleans and its citizens to economic viability.
The firm was pleasantly surprised by the overwhelming show of support from others around the country who helped in so many ways. In particular the firm would like to acknowledge and express its profound gratitude to the lawyers at Network of Trial Law Firms member firm Beirne, Maynard & Parsons, LLP in Houston, Texas who opened their doors during the emergency, provided DKS with desks, computers, telephones and Internet service and allowed DKS to continue working virtually continually from the time the firm was forced to abandon New Orleans until the day the firm returned. There are no words that can adequately express DKS' thanks to Beirne Maynard & Parsons, LLP. Also, the firm recognizes and thanks LeBlanc & Waddell in Baton Rouge and Voorhies & Labbé in Lafayette. Both firms provided office space for more than a dozen lawyers and staff for more than a month.
And, when the firm's email and web servers went down as all of southern Louisiana lost power and remained so for weeks, it was The Network of Trial Law Firms to the rescue with a temporary website, bulletin board, registration page and more than 150 temporary fully functioning e-mail addresses, enabling employees who had been scattered to eight states to stay in touch, get vital information, remain in contact with clients, and continue to provide service for two months.
Deutsch, Kerrigan & Stiles has been up and running throughout the Katrina/Rita episode, is stronger for its brush with disaster and overwhelmed with gratitude for the support it received when needed as well as the continued support of its clients to whom the firm remains dedicated and directed.
Tuesday, October 25, 2005
Wal-Mart Diversity Program Sweeps In 40 New Firm Relationship Partners
Meredith Hobbs
Fulton County Daily Report
10-25-2005
The Daily Report reports that in furtherance of Wal-Mart's stated objective of increasing the racial and gender diversity of its outside law firms, which it is implementing witha "top-down" approach by changing the "relationship" partners to persons of racial and gender diversity, Wal-Mart has changed 40 relationship partners at its top 100 law firms.
"The move follows up on an evaluation Wal-Mart's legal department initiated in June, when it asked its top 100 outside counsel, based on billings, to provide a detailed report of their employment of minorities and women since 2002. [Associate General Counsel] Reeves' June 13 letter also asked each firm to submit a slate of three to five candidates, including at least one woman and one person of color, for the relationship role with the company."
The company said that it would "end or limit our relationships with law firms who fail to demonstrate a meaningful interest in the importance of diversity".
Saturday, October 22, 2005
BLAKE CASSELS & GRAYDON NAMED ONE OF CANADA'S BEST EMPLOYERS
Hildebrandt Headlines -- Friday, October 21, 2005
For the third year in a row, Blake Cassels & Graydon has been named one of Canada's best employers by the national news magazine Maclean's, and it is the only law firm to earn a place on this year's list. In addition, the firm was the number one legal advisor for mergers and acquisition in the Thomson Financial ranking of third quarter Canadian deals, ranked by the value of the deals and market share.
Tuesday, October 18, 2005
IT'S A BIRD! IT'S A PLANE! NO, IT'S WISCONSIN SUPERLAWYERS FROM KRAVIT HOVEL KRAWCZYK & LEVERSON
Kravit, Hovel, Krawczyk & Leverson s.c. is proud to announce that two of its attorneys, founding partner and former Network of Trial Law Firms Chairman Stephen E. Kravit, and expert bankruptcy attorney Leonard G. Leverson, have been selected as Wisconsin "Superlawyers" by an independent rating service, as published in the November, 2005 issue of Milwaukee Magazine. Kravit was honored in the field of business litigation. He is a veteran speaker at Network seminars, and will be speaking at the upcoming Kiawah seminar on the topic of "Wacky Claims and Insurance Bad Faith." Leverson is a bankrutpcy and insolvency lawyer of national reputation, who currently represents the second largest unsecured creditor ($100 million) in the Delphi Automotive bankruptcy.
Kravit was also honored as one of the top 50 lawyers in the State of Wisconsin.
Friday, October 14, 2005
ELLEN DARLING AMONG CALIFORNIA'S TOP 75 WOMEN LITIGATORS
Snell & Wilmer partner Ellen Darling has been honored by the Daily Journal as one of the Top 75 Women Litigators in California. This prestigious award recognizes women who have exemplified leadership in the legal community and who have made profound achievements in litigation. She is featured in the September 13th edition of the Daily Journal, which is one of the most respected and widely-read daily legal newspapers in the state.
WHEELER TRIGG WINS DISMISSAL OF VANCOUVER CANUCKS "Sucker Punch that Shocked the World" CASE
Michael L. O'Donnell of Wheeler Trigg Kennedy LLP, the lead trial counsel for multiple defendants in a civil suit against Todd Bertuzzi, a Vancouver Canucks forward, and the Vancouver Canucks management, coach, and other Canucks players, successfully argued that the case should not be tried in Colorado. Denver District Court Judge Shelley Gilman dismissed the case on the grounds of personal jurisdiction and statutory forum non conveniens.
Vancouver Canucks player Todd Bertuzzi apologizes for sucker-punching Steve Moore of the Colorado Avalanche at a Vancouver news conference March 10, 2004. (CP Photo/Chuck Stoody)
For an in-depth account of the underlying incident.
Moore suffered fractured vertebrae and a concussion from injuries sustained during a confrontation with Bertuzzi at a NHL game in March 2004 in Vancouver, British Columbia. He had charged the defendants with conspiring to harm him after he hit and injured Canucks forward Markus Naslund during a February 2004 game in Denver, Colorado. At a hearing on October 3, 2005, O'Donnell argued that the lawsuit belongs before courts in British Columbia, where the incident took place, rather than in Colorado, where Moore claims residency.
O'Donnell and Wheeler Trigg Kennedy attorneys Carolyn Fairless and Michael Williams represent the Vancouver Canucks and Coach Marc Crawford. Bertuzzi, former Vancouver Canucks President and General Manager Brian Burke, and other Vancouver Canucks players named in the lawsuit are represented by other Denver lawyers.
Tuesday, October 11, 2005
MARCIA HARRIS NAMED IN DAILY JOURNAL'S TOP 75 WOMEN LITIGATORS IN CALIFORNIA
Alschuler Grossman Stein & Kahan partner Marcia Harris has been honored by the Daily Journal as one of the Top 75 Women Litigators in California. This prestigious award recognizes women who have exemplified leadership in the legal community and who have made profound achievements in litigation. They are featured in the September 13th edition of the Daily Journal, which is one of the most respected and widely-read daily legal newspapers in the state.
ANN LOEB NAMED IN DAILY JOURNAL'S TOP 75 WOMEN LITIGATORS IN CALIFORNIA
Alschuler Grossman Stein & Kahan partner Ann Loeb has been honored by the Daily Journal as one of the Top 75 Women Litigators in California. This prestigious award recognizes women who have exemplified leadership in the legal community and who have made profound achievements in litigation. They are featured in the September 13th edition of the Daily Journal, which is one of the most respected and widely-read daily legal newspapers in the state.
ALSCHULER GROSSMAN FILES HOLLYWOOD ACCOUNTING LAWSUIT OVER “LORD OF THE RINGS”
"The Lawsuit of the Rings”
New York Times
Ross Johnson
Peter Jackson, one of the film industry's most powerful and popular directors, represented by Network law firm member firm Alshuler Grossman's Larry Stein, sued New Line Cinema, the Time Warner subsidiary that financed and distributed "Lord of the Rings".
The lawsuit alleges fraud in handling revenues generated by "The Fellowship of the Ring", and millions of dollars in underpayment to the Stein's client as a result.
Jackson's lawsuit is of interest in the entertainment field because of one specific allegation that the defendant used pre-emptive bidding (meaning a process closed to external parties) rather than open bidding for subsidiary rights to such things as "Lord of the Rings" books, DVD's and merchandise. Therefore, defendant received far less than market value for those rights, and, as a result, so did plaintiff.
Stein, first brought a vertical integration action for the producers of the "Home Improvement" television series against Disney in 1997. And Stein later filed similar suits against Fox Television, a division of the News Corporation, for the producers of the show "Cops," and for Alan Alda and David Duchovny, the stars of the shows "M.A.S.H." and "The X-Files."
Stein's legal strategy has been to use a "top down" theory of insider conspiracy. According to Stein, there is only one place to point the finger of blame. "The foot soldiers inside a studio can't do this self-dealing," he said, "without the people at the top knowing what's going on." Stein has sought to depose News Corporation chairman, Rupert Murdoch, in all of his vertical integration lawsuits against Fox. All of the suits, as well as the "Home Improvement" suit, were settled before Mr. Stein could depose a company chairman or chief executive.
"A lot of attorneys think what I do on vertical integration litigation is easy, and they take a run at it. But if you don't know a hell of a lot about studio accounting and intellectual property law, it's amateur hour."
Monday, October 10, 2005
SNELL & WILMER SUCCESSFULLY DEFENDS LAND ROVER IN DISCOVERY ROLLOVER LAWSUIT
Snell & Wilmer Product Liability Partner Alex Conti, along with the firm of Dawson & Clark, successfully defended Land Rover, a subsidiary of Ford Motor Company, in a rollover case involving a 1995 Discovery vehicle. After a two-month trial, an Orange County Superior Court jury delivered a defense verdict finding that the vehicle was not defective in any respect and that Land Rover used due care in designing and testing the vehicle. Judge Peter J. Polos presided over the case.
Plaintiff, the seat belted driver of the vehicle, was paralyzed from the neck down after her vehicle was struck by another vehicle and rolled over. Plaintiff claimed that her paralysis was caused by a weak roof structure that failed to protect her during a foreseeable roll-over accident. Land Rover disputed the claim and focused on several points:
- The accident was a high speed, extremely violent collision, causing a four-and-one-half roll event. No other comparable SUV would have performed better in such a crash.
- The basic design of the vehicle's roof structure dates back over 20 years. It was well engineered originally, repeatedly tested and the design has performed well in a world-wide market over a substantial period of time.
- Plaintiff was injured as a result of impact forces and not because of roof crush. She would have sustained the same injury if the roof had not crushed at all.
Land Rover said that it "is pleased with the outcome and gratified that the jury vindicated the design of the vehicle notwithstanding the tragic nature of [the] accident."
AKERMAN (FLORIDA) ADDS DISASTER MANAGEMENT CONSULTANT TO FIRM
Alan Rubin joined Akerman Senterfitt’s Policy group in Miami as a legal consultant in February 2005 after previously serving on the Board of the National Association of International Developers and as an advisor on economic recovery to the Clinton administration. From 1991 to 1994 Alan served as Vice President for Special Projects at the Beacon Council, Miami-Dade’s economic development agency, leading major reconstruction efforts after the destruction of Hurricane Andrew and facilitated the economic recovery of small businesses devastated by the storm.
Alan believes that there are three major phases of crises, all of which need to be prepared for in advance.
Education and preparation. Educate and prepare yourself prior to a crisis, on all issues of insurance, risk management and protective measures you can take, through a subjective situation analysis. The benefits of business investments in Florida far outweigh the risks of the hurricane season, and those can be greatly mitigated with proper prior planning.
Emergency management in the moment of crisis. The lack of emergency preparedness issues were revealed with the impact of Hurricane Katrina, epitomizing the importance of readiness by individuals, businesses, and governmental organizations alike to follow a plan previously established, in order to mobilize quickly and prevent further damage and loss in an emergency situation.
Disaster psychology. Post-crisis clean up can be facilitated when businesses can keep running at least to some extent and when the psychological impact is minimal. Since September 11, the importance of disaster psychology has never been more understood, not only in the grief process, but also so that people affected can maintain enough of a sense of normalcy to take care of themselves, their families and their businesses, until healing and rebuilding can begin.
Sunday, October 09, 2005
NETWORK MEMBER FIRM, FORMAN PERRY, FEATURED IN N.Y. TIMES TORT LITIGATION ARTICLE
The Tort Wars, at a Turning Point
New York Times
By Jonathan D. Glater
Published: October 9, 2005
[USDJ Janis Jack's 249-page decision sanctioning a plaintiff law firm] "slammed the whole process that led to the [silica] claims landing in court in the first place. The medical findings underlying the claims, based on X-ray screenings paid for by lawyers looking for potential clients, were worthless, she wrote."
***
"It is apparent that truth and justice had very little to do with these diagnoses - otherwise more effort would have been devoted to ensuring they were accurate," Judge Jack wrote. "These diagnoses were driven by neither health nor justice: they were manufactured for money. The record does not reveal who originally devised this scheme, but it is clear that the lawyers, doctors and screening companies were all willing participants."
***
According to the National Institute of Occupational Safety and Health, the number of deaths caused by silicosis has fallen steadily for decades, to 187 in 1999 from 1,157 in 1968. The trend in lawsuits, though, has followed a different path. In Mississippi alone, according to an internal database kept by Forman Perry Watkins Krutz & Tardy, a 120-lawyer firm in Jackson that coordinated the defense of about 30 companies facing silicosis claims, there were 226 claims in 1999, 40 in 2000, 76 in 2001 and more than 10,000 in 2002 - the year before a change in state law governing civil lawsuits took effect.
***
Forman Perry kept a database of people who had filed asbestos claims; the database was built over years of representing companies battling asbestos litigation. And as they loaded the information from the silica claimants' forms, lawyers found that some of these claimants had also filed asbestos claims.
***
Federal prosecutors in New York have opened an investigation into the claims and have issued subpoenas for documents to the Manville Trust, to a screening company that took X-rays of silica claimants and to others whose identities are still unknown. (A spokeswoman for the United States attorney's office declined to comment on the investigation.)
***
249-page Decision by United States District Judge Janis Graham Jack.
Friday, October 07, 2005
Asbestos Vote May Be Headed for Senate Floor.
Is that FAIR?
Shanon D. Murray
The Deal
10-06-2005
Lawmakers who co-authored an asbestos reform bill are prepping their Senate colleagues for the possibility that the controversial legislation may get floor time this month.
* * *
The Fairness in Asbestos Injury Resolution Act establishes a $140 billion privately financed trust fund that would compensate asbestos claimants who agree to give up their right to sue.
Thursday, October 06, 2005
Deadlines Loom for Law Technology Awards (Dec 15) and Small Firm Business Best Practices Awards (Oct. 28)
Law Technology News vendor and SFB Best Practices award ballots are available online.
CONTEST INFO:
LTN Awards: Entry deadline is 12/15
Nominate your firm
SFB Best Practices: Entry deadline is 10/28
Nominate your firm
Reed Smith's Talks With Wildman Harrold End
Hank Grezlak
The Legal Intelligencer
10-06-2005
Merger talks between Reed Smith and Chicago-based Wildman Harrold Allen & Dixon are off, according to a joint statement. The firms cited client conflicts as the chief reason for terminating the discussions. "The same thing happens in corporate transactions. You have to know going in that it might not work out," said Reed Smith's Michael Pollack. "To use the dating analogy, if you never date then you never have to break up." Pollack said Reed Smith would still consider other growth opportunities.
