Law Firm News

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Weil, Gotshal & Manges, LLP

Gary D. Friedman to Join Weil, Gotshal & Manges LLP’s Employment Litigation Practice in New York
Weil, Gotshal & Manges LLP announced today that Gary D. Friedman will join Weil Gotshal’s Employment Litigation practice as a partner in the New York office. Mr. Friedman is joining the firm from Mayer, Brown, Rowe & Maw LLP, where he was chair of the National Employment Practice and co-chair of the Global Employment Practice.

Mr. Friedman’s practice is devoted to all aspects of labor and employment law, including extensive experience in employment discrimination matters, wage and hour class actions, restrictive covenant and trade secrets litigation and advising clients in high-level internal investigations. Mr. Friedman has tried cases and argued appeals in employment-related actions in numerous state and federal courts and has extensive experience with arbitrations as well, trying many cases before the New York Stock Exchange, National Association of Securities Dealers and the American Arbitration Association.

Jeffrey S. Klein, chair of Weil Gotshal’s Employment Litigation practice, commented, “Gary is one of the premier employment litigators and will be a key force in the continued expansion of our leading employment litigation practice. His experience and reputation will make him an instrumental part of our team, working with us to represent clients in the most complex and high stakes employment matters. We are also looking forward to working with many of Gary’s clients, who have agreed to transition their matters to Weil Gotshal.”

James W. Quinn and Matthew Powers, global co-chairs of the firm’s Litigation/Regulatory department stated, “We are delighted to welcome an attorney of Gary’s caliber to the firm and to our leading high-stakes employment litigation group, a core component of the firm’s litigation practice. Given the recent establishment of an Employment practice in the U.K., we expect this expansion to have substantial impact internationally as well as in the US.”

Mr. Friedman remarked, “I am thrilled to be joining Weil Gotshal. Its preeminent Litigation department presents an ideal platform from which to serve clients and expand my practice. Weil Gotshal is a best-in-class firm and I look forward to helping broaden the firm’s reach in the employment litigation field.”

Mr. Friedman will be joined at Weil Gotshal by his colleagues from Mayer, Brown, including Andrew M. Kofsky as Counsel, and associates Jonathan Shiffman and Jonathan Sokotch.

Mr. Friedman received his law degree from Georgetown University Law Center in 1987 and earned a B.A. from Duke University in 1983. He has written and lectured extensively on employment-related topics.

04-25-2007

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O'Melveny & Myers, LLP

NY First Department Reverses for FedEx Kinko's in Breach of Contract Case
O'Melveny recently scored a final victory for client FedEx and FedEx Kinko's in Awards.com, LLC v Kinko's, Inc. The case had started as a $349 million claim arising from Kinko's decision to terminate a business relationship with a company that wanted to operate "stores within stores" at Kinko's locations throughout the United States. On April 19, the New York Appellate Division reversed in our client's favor, granting summary judgment dismissing the remaining breach of contract and misappropriate of trade secrets claims.

The opinion is notable because it is the First Department's most recent restatement of New York law on when lost profits may not be recovered in breach of contract cases; it is also the first time the court has addressed important distinctions between waiver, materiality, and oral modification principles. Because of the importance of the First Department to commercial practice in New York (the court covers Manhattan, among others), this opinion is likely to be cited often in years to come.

Partner Andrew Frackman argued the appeal. He was assisted on the appeal by counsel Mark Germann. Partners Jonathan Hacker and Michael Keats, counsel Johanna Schmitt, and former associate Berit Huseby assisted in various stages of the case in the trial court.

04-25-2007

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Fulbright & Jaworski L.L.P.

Fulbright Lawyers Assist Merck in Securing Texas Vioxx Win
Attorneys from Fulbright & Jaworski L.L.P. successfully argued on behalf of Merck leading to a Texas judge's ruling rejecting a products liability claim by a plaintiff who alleged she was not properly informed of Vioxx’s alleged risks despite FDA-approved labels.

Last August, Merck sought to dismiss all such claims under Texas law because Merck had properly informed the FDA about VIOXX and the FDA had approved the label. Merck based its dismissal request on a 2003 Texas law which generally does not permit failure-to-warn claims against prescription drug manufacturers if the drug at issue was accompanied by FDA-approved warnings, as was the case with VIOXX.

In Texas, more than 1,300 cases were filed after the 2003 Texas law was enacted. In addition, there are approximately 2,000 cases pending in other jurisdictions that may be subject to this Texas law. The failure-to-warn claim has been the primary theory asserted by plaintiffs’ attorneys in the VIOXX trials to date. Plaintiffs have asserted other alleged theories and the effect of the ruling on cases that include such other theories remains to be determined.

Judge Randy Wilson, who presides over the statewide coordination of VIOXX cases in Texas, held that, to prevail under Texas law, the plaintiff would have to show that Merck withheld required, material and relevant information from the FDA that would have led to a different decision regarding the approved labeling of VIOXX.

Relying on the U.S. Supreme Court, Judge Wilson also held that such a determination can only be made by the FDA, not a Texas court or jury. However, the FDA has never made any such determination.

Merck also argued it did not misrepresent or withhold required, material and relevant information from the FDA, further justifying the dismissal of the failure-to-warn claims at this early stage. Because the court held that this issue was pre-empted by federal law, it did not need to reach a decision on the issue.

Judge Wilson certified the decision for an expedited appeal to the Texas Court of Civil Appeals.

“Only the FDA has the power to determine whether a party failed to comply with its regulations, and the FDA has made no such finding,” said Fulbright Partner Katherine Mackillop, who argued before Wilson. “The Texas Legislature enacted this provision to ensure that state courts do not second guess the extensive FDA review process.”

In addition to Mackillop, Fulbright attorneys Gerry Lowry, Jon Skidmore and Julie Hardin assisted Merck.

04-25-2007

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Fennemore Craig, P.C.

Josh Waltman Joins Fennemore Craig Phoenix Office
Josh Waltman has joined Fennemore Craig as an associate in the Labor and Employment practice group.

Waltman is a 2004 graduate of Harvard Law School. He earned a bachelor of science degree from Arizona State University in 2001.

Prior to joining Fennemore Craig, Waltman served as an associate in the Labor and Employment and Litigation practices at Steptoe & Johnson in Phoenix. He also clerked for the Honorable Daniel A. Barker at the Arizona Court of Appeals in Phoenix. Waltman is a member of the Anti- Defamation League Education Committee where he helps implement anti-bias training in Arizona schools.

04-25-2007

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Andrews Kurth

Andrews Kurth Partner to Receive Texas Diversity Council Award
Andrews Kurth LLP Partner Gene Locke will receive a 2007 DiversityFirst (TM) award from the Texas Diversity Council. The award recognizes leaders across the state for their individual achievements and their commitment to diversity and will be presented at a special luncheon during the Texas Diversity and Leadership Conference, scheduled for May 15-16 at the Dallas Convention Center.

"I'm deeply honored to be in such outstanding company, and I very much appreciate this recognition from the Texas Diversity Council," said Locke.

A long-time advocate for civil rights, diversity and inclusion, Locke chairs the Diversity Committee and co-chairs the Public Law section at Andrews Kurth. His practice focuses on governmental units, representing cities, counties and special districts throughout Texas. He is also a member of the firm's Policy Committee.

Locke is the former City Attorney for the City of Houston. During this time he led the fight to maintain and improve the city's successful affirmative action program. Earlier in his career Locke was involved in voting rights issues and organized local and national efforts related to equal opportunity.

"Gene is an outstanding leader both in the community and the legal profession," says Andrews Kurth Managing Partner Howard Ayers. "His recognition is well deserved."

The mission of the Texas Diversity Council is to enhance appreciation for and understanding of the value of diversity and inclusion. The group's outreach efforts include advancing corporate leadership education and awareness of the varied dimensions of diversity; gaining commitment from leaders to discuss issues, challenge attitudes and promote organizational change that supports diversity; and promote outreach efforts to Texas youth that inspire mutual respect and understanding.

"Gene Locke was at the forefront of the discussion of diversity in the workplace before the topic became an action item on the corporate agenda," says Dennis Kennedy, CEO and Founder of TXDC. "Gene has been a champion for equality long before the existence of the Texas Diversity & Leadership Conference, and we are honored to have the opportunity to recognize the leader that he is and thank him for his continued efforts in the area of diversity and inclusion. This award is long overdue.

04-25-2007

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Young Conaway Stargatt & Taylor, LLP

Young Conaway Opens New Office for the Convenience of Colleagues in the New York City Area
Young Conaway Stargatt & Taylor, LLP, one of Delaware’s largest law firms, announced today that it has opened a New York office. The office, which is located in Midtown Manhattan, will provide clients and co-counsel with convenient access to the lawyers in Young Conaway’s national practice areas and increase the firm’s ability to serve as a resource to other law firms.

“Many of the world’s leading law firms have come to rely upon our depth of practice areas and responsive service,” according to firm chairman and partner, James L. Patton, Jr. “The New York Office is simply an extension of what has come to be expected from attorneys in our Wilmington Office. We are the law firm that law firms trust with their clients.”

Pauline K. Morgan, a partner in the firm’s Bankruptcy and Corporate Restructuring Section, will serve as the Office Managing Partner. Ms. Morgan, who has represented debtors, creditors committees and secured lenders in some of the nation's largest cases, stated, “The addition of the New York office will allow Young Conaway’s national practices to continue building collaborative relationships with law firms that require conflict counsel in large corporate and bankruptcy matters, which is a hallmark of Young Conaway’s success.

04-25-2007

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Wolf Haldenstein Adler Freeman & Herz, LLP

Adam J. Levitt Appointed Co-Lead Counsel in In Re Genetically Modified Rice Litigation
Adam J. Levitt, a partner in the law firm of Wolf Haldenstein Adler Freeman & Herz LLC, was appointed Plaintiffs’ Designated Co-Lead and Co-Interim Class Counsel on Wednesday, April 18, 2007, in a case brought on behalf of U.S. rice farmers and others, based upon damages they sustained resulting from the contamination of the U.S. rice supply with unapproved, genetically-modified rice seed traits developed and tested by Bayer CropScience LP and related entities (collectively “Bayer”).

The contamination of the U.S. rice supply – with not less than two distinct genetically modified rice traits, LLRICE601 and LLRICE 604 – has caused significant economic damages to U.S. rice producers and has substantially diminished their ability to cultivate, market, or otherwise distribute their rice crops. These actions seek to hold Bayer, the developer of these genetically modified rice traits, accountable for the market losses and other economic and related damages they have caused U.S. rice producers. In addition to the rice producer actions, a small subset of cases in this consolidated, multidistrict litigation seek damages that this rice supply contamination caused to rice mills, rice exporters, and others.

In making the appointment, United States District Judge Catherine D. Perry concluded that the prevailing leadership group “best meets the needs of all plaintiffs. . . . [and] most closely meets the “private ordering” concept, because it has support of the larger number of plaintiffs and lawyers involved.” Judge Perry further recognized that “the members of this group have been involved in the litigation consistently and cooperatively since the beginning. They also have the resources necessary to represent the plaintiffs and to coordinate the activities that will be necessary for the prosecution of this litigation.”

This case is captioned “In re Genetically Modified Rice Litigation,” Master Docket No. 4:06MD1811 CDP, and is pending in the United States District Court for the Eastern District of Missouri.

04-25-2007

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