Law Firm News

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Allen, Matkins, Leck, Gamble, Mallory & Natsis, LLP

ALLEN MATKINS PROMOTES SEVEN TO PARTNERSHIP
Allen Matkins Leck Gamble Mallory & Natsis LLP, a leading California business and real estate law firm, announces its 2007 partners. Located in the firm's Los Angeles office are Matt Ertman (Corporate), Chris Safarian (Real Estate), and Frank Scollan (Litigation); in the Century City office are Kyle Hoshide (Real Estate) and Delmar Nehrenberg (Real Estate); in the Orange County office are Greg Clark (Real Estate), and Brad Nielsen (Real Estate).

These elections raise the total number of partners at Allen Matkins to 125, effective July 1, 2007. The firm currently has approximately 230 attorneys practicing in its six California offices. “This is an incredibly talented group of attorneys and each of them exemplify the excellence and high standards which reflect our firm." said Brian Leck, the firm's Managing Partner.

LOS ANGELES

Matthew J. Ertman (Corporate). Matthew, a corporate and securities attorney in the firm's Los Angeles and San Francisco offices, represents companies in a broad variety of industries, including telecommunications, medical products, online mortgage and payment facilitators, real estate, industrial manufacturing, laser, photonics, and fiber optics. He has extensive experience in representing public and private companies in mergers and acquisitions and corporate finance transactions, including public and private securities offerings of equity and debt, venture capital investments, initial and secondary public offerings, and asset-based lending and borrowing. Matthew also advises public companies in the filing of current, quarterly, and annual reports with the Securities and Exchange Commission under the Securities Exchange Act of 1934, compliance with the Sarbanes-Oxley Act of 2002 and other corporate governance regulations, qualification and continued listing on national stock exchanges, and on other general corporate matters.

Matthew received his J.D. from Loyola Law School Los Angeles in 1999 and his B.A., Phi Beta Kappa, from the University of Redlands in 1996.

Chris Safarian (Real Estate). Chris Safarian is in the Real Estate Department of the firm's Los Angeles office, and his practice focuses on real estate finance and development. Mr. Safarian has represented all types of institutional lenders, investors, and developers in commercial real estate transactions throughout the United States. He has structured and documented CMBS loans, participating loans, loans involving guarantees, letters of credit, environmental indemnities, mixed-collateral and multi-state collateral, as well as numerous transactions for the acquisition and/or development of real estate projects.

Mr. Safarian received his J.D. from the University of California at Los Angeles - School of Law and his B.A. from the University of California at Los Angeles, magna cum laude.

Francis Scollan (Litigation). Frank Scollan is in our Los Angeles office and his practice centers on real estate litigation, business disputes, CEQA litigation, construction defect cases and land subsidence matters. Frank has represented numerous developers, from individuals to national corporations, in disputes involving CEQA, government approvals, partnership and business disputes, construction matters, environmental issues and related real estate issues including purchase and sales disputes. He has brought and defended a wide variety of writ of mandate proceedings, including CEQA actions. Frank has represented homeowners and developers in cases involving land subsidence, and published an article on recovering landslide damages under homeowners’ policies. Frank has also represented federal equity receivers appointed in SEC actions to recover assets for defrauded investors. Frank has extensive trial experience, including a five week trial for a national developer to recover government fees.

Frank received his J.D. from Boalt Hall School of Law, University of California, Berkeley and his B.A. from the University of California at Berkeley.

CENTURY CITY

Kyle Hoshide (Real Estate). Kyle is a member of the firm's Century City real estate group. His primary practice includes the representation of institutional investors, owners and developers in commercial office, retail and industrial leasing transactions, acquisition, disposition and development transactions and other property ownership/management-related matters. Kyle's practice also includes the representation of owners and developers in connection with land use, construction, financing, general corporate and employment matters. Kyle currently serves as Chair of the Commercial Leasing Subsection (South) of the California State Bar Real Property Section.

He received his B.A. from Yale University and his J.D. from Loyola Law School, where he was an editor of the Loyola of Los Angeles Law Review. He also served as a judicial extern for the Honorable Alex Kozinski in the United States Court of Appeals for the Ninth Circuit.

Delmar Nehrenberg (Real Estate). Delmar is in our Century City office, where he practices real estate law with an emphasis on major construction and development, leasing, and purchase and sale transactions. His experience includes representing a wide range of clients, including owners, developers, contractors, landlords, tenants, sellers, buyers, and other business enterprises. In his work for such clients, Delmar is responsible for the preparation and negotiation of all types of development, construction, design, acquisition and sale documents and agreements in a broad range of situations. He works with valued institutional clients in all aspects of major projects in which they are involved, and regularly gives seminars to builders, landlords, and developers on a variety of legal issues impacting their business activities.

He received his J.D. from the University of California, Los Angeles and his B.A. from the University of California, San Diego.

ORANGE COUNTY

Greg Clark (Real Estate). Greg is in our Orange County office and his practice concentrates on the financing, development and construction, acquisition, disposition and leasing of various types of real estate assets. His experience includes representing a wide range of clients, including (i) lenders in connection with various loans (construction, permanent, bridge and mezzanine), (ii) buyers and sellers in the acquisition, disposition and financing various real property , (iii) landlords and tenants in the drafting and negotiation of complex retail, industrial and office leases and (iv) owners, contractors and consultants in the drafting and negotiation of Construction Contracts, Architect Agreements, Engineer Contracts, Soil Supply Contracts and other professional service agreements. In his work for such clients, Greg has also been responsible for the preparation and negotiation complex equipment lease and sublease agreements, easement agreements, indemnity agreements, CC&Rs (both traditional and industrial/office condominium), reciprocal easement agreements, subordination, nondisturbance and attornment agreements, telecommunications access agreements, development agreements, and broker representation, listing and commission agreements. Greg also has extensive experience in complex title and survey review.

Greg received his J.D. from the University of California, Boalt Hall School of the Law in 1999 and received his B.S., magna cum laude, from Menlo College in 1991 . He and served as an Associate Editor for the Berkeley Journal of International Law.

Brad Nielsen (Real Estate). Brad Nielsen is in the firm's Orange County office and his practice involves all aspects of real estate transactions, including primarily the preparation and negotiation of primary and ancillary agreements related to the acquisition, disposition and leasing of office, industrial and retail properties and the development of commercial and residential projects. For example, Brad currently represents numerous landlords (including pension funds and pension fund advisors) in the leasing of (i) over 10,000,000 square feet of office space in California and Arizona, (ii) over 1,000,000 square feet of retail space in Southern California, and (iii) over 7,000,000 square feet of industrial space in both Northern and Southern California and Tijuana, Mexico. Brad also recently represented a developer client in the negotiation of 15 separate and complex "build-to-suit for sale" transactions involving over 5,000,000 square feet of industrial space in Southern California.

Brad is actively involved on (i) the Executive Committee of the Urban Land Institute's Orange County Chapter, and (ii) the Legislative Action Committee of the Southern California Chapter of the National Association of Industrial and Office Properties, and is a member of the American Bar Association, the United States District Court (Central District of California), the State Bar of California and the Orange County Bar Association.

Brad received his J.D. from Loyola Law School in 1999 (where he was a member of the Loyola of Los Angeles Law Review) and his B.A. from the University of California, Irvine in 1995.

04-16-2007

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Wiley, Rein & Fielding, L.L.P.

Wiley Rein's 'Well-Reasoned' Amicus Brief Cited by Alabama Supreme Court in Key Pollution Coverage Ruling
In a case in which Wiley Rein LLP represented as amicus curiae the Complex Insurance Claims Litigation Association (CICLA), a group of major property-casualty insurers, the Supreme Court of Alabama ruled Friday that an absolute pollution exclusion similar to that issued by the Insurance Services Office unambiguously barred coverage because gasoline leaking from pipes connecting above-ground storage tanks and gasoline pumps is a “pollutant” within the clear meaning of the absolute pollution exclusion. Federated Mutual Insurance Co. v. Abston Petroleum, Inc., No 1051589, 2007 WL 1098564 (Ala. Apr. 13, 2007). The court also rejected the policyholder’s argument that the ‘reasonable expectations’ doctrine may overcome unambiguous policy language. In reaching its conclusion, the court relied extensively on CICLA’s amicus curiae brief and agreed with its “well-reasoned approach.”

The Alabama high court expressly quoted CICLA’s argument that: “‘Gasoline leaking from piping connecting an above ground storage tank and gasoline pumps is plainly a liquid “irritant” or “contaminant” excluded by the term “pollutants.” The focus of the inquiry under the absolute pollution exclusion is not on the nature of the substance alone, but on the substance in relation to the property damage or bodily injury. Even if a substance such as gasoline is commercially useful in one context, it may become a pollutant when it is released and becomes a “foreign” substance in another medium.’”

In reaching its conclusion, the court recognized that, “[t]he simple fact that gasoline serves a vital purpose when released from a properly constructed tank into the confines of an internal combustion engine does not permit us to blink reality and overlook the deleterious consequences that occur when gasoline is introduced into the soil or when its fumes escape into the atmosphere.” Because it found the absolute pollution exclusion unambiguous, the court refused to consider the policyholder’s arguments based on the drafting and regulatory history of the absolute pollution exclusion.

The court also rejected the policyholder’s argument that the absolute pollution exclusion did not preclude coverage because such a result would frustrate the policyholder’s reasonable expectations of coverage. Noting that the policyholder made this argument notwithstanding his testimony that he never read the absolute pollution exclusion before the insurer denied coverage, the court rejected the “reasonable expectations” argument, holding that the policyholder’s “expectations were limited by the unambiguous terms of the pollution-exclusion clause; therefore, his expectations of coverage could not be ‘objectively reasonable.’”

With this decision, Alabama joins state high courts in sixteen other jurisdictions that have concluded that the exclusion is unambiguous in applying to a variety of different pollutants; including decisions in Connecticut, Florida, Illinois, Iowa, Michigan, Nebraska, Nevada, New York, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas, Virginia, Washington, and Wisconsin.

Wiley Rein LLP attorneys Laura A. Foggan and Paul A. Dame represented CICLA as amicus curiae in this case. Ms. Foggan is a co-chair of the firm's Appellate Practice and member of its Insurance Practice. Mr. Dame is an associate in the firm's Insurance Practice.

04-16-2007

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Saul Ewing, LLP

SAUL EWING LLP WELCOMES NEW ASSOCIATE TO WILMINGTON OFFICE Michael R. Robinson Joins the Litigation Department
Michael R. Robinson has joined Saul Ewing LLP as an Associate in the Litigation Department where he concentrates his practice in corporate litigation with an emphasis on complex business and transactional litigation.

Prior to joining Saul Ewing, Mr. Robinson was an associate at Richards, Layton & Finger where he represented Delaware corporations, their directors and other entities in shareholder class actions, mergers and acquisitions, corporate governance matters and fiduciary duty litigation.

While in law school, Mr. Robinson served as a law clerk for two different law firms in California and Iowa. Prior to law school and during a four-year period, Mr. Robinson was Chair, Treasurer and on the Board of Directors for Elections Committee of the County of Orange in California, Apr-07 nonpartisan, human rights political action committee.

Mr. Robinson received his B.A. from the University of California at Irvine and earned his J.D., with distinction, from the University of Iowa College of Law. He is admitted to practice before the U.S. District Court for the District of Delaware, the U.S. District Court for the Northern District of Illinois and the U.S. Court of Appeals for the Third Circuit.

04-16-2007

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Salans

Salans advises Enel on participation in USD 5.83 billion acquisition of Yukos assets
Salans has advised on the participation and successful acquisition by Enineftegas (a consortium 40% Enel - 60% Eni) of a group of gas assets formerly owned by Yukos for a total price of approximately 5.83 billion USD.

The principal assets acquired are OAO Arcticgaz (100%), ZAO Urengoil (100%), OAO Neftegaztechnologia (100%), OAO Gazprom Neft (20%), and some additional companies named under lot #2 by the Bankruptcy Administrator.

Arcticgaz, Urengoil and Neftegaztechnologia own licences for the exploration and production of hydrocarbons in the Yamal Nenets region, the world's largest gas producing area.

With this transaction, Enel enters the upstream natural gas sector and acquires strategic assets to support its growth in the Russian electricity market. Enel aims to develop a vertically integrated presence in Russia's energy industry and is pursuing acquisition opportunities in the privatisation of the country's electricity generating sector.

The Moscow, London, New York and Paris offices of Salans advised on this acquisition, particularly partner Jane Tarassova (Moscow) and the Salans Moscow team: Anton Kalinin, Elena Kourchuk, Ekaterina Rudova, Karen Shakhnazarov and Andrei Tarapov. Other partners and associates of the firm involved include: Henry Fieldman (New York), Jeffrey Hertzfeld (Paris), Theodore Matheny (Paris), Lionel Rosenblatt (London), Paul Salmon (London) and Anthony Ullman (New York).

04-16-2007

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Perkins Coie LLP

Perkins Coie Continues to Expand Emerging Companies Practice
Perkins Coie is pleased to announce that Stefan Clulow and Lior Zorea have joined the firm’s Menlo Park office as partners in the firm’s national Business practice. Both Clulow and Zorea focus on representing emerging growth companies in corporate and securities matters. They join a team of lawyers across the country that provides the full range of finance, transactional and counseling work for leading emerging growth companies, public companies, and private equity and venture capital firms.

“The firm is committed to its Emerging Growth practice, and increasingly so in Silicon Valley, where we see significant growth opportunities,” said Bob Giles, Managing Partner of Perkins Coie. “Stefan and Lior are widely recognized as excellent business and technology lawyers, and we are very happy to add them to our expanding group of emerging growth practitioners. Their considerable experience and knowledge base will be a tremendous asset to our transactional practice and will further enhance our ability to serve the Silicon Valley business community.”

The focus of Clulow's practice is the representation of emerging growth technology companies and their founders, as well as venture capital firms and other investors, in corporate and securities law matters. He regularly represents clients in corporate finance transactions, strategic partnerships, mergers and acquisitions, and general business counseling.

Zorea focuses on corporate and securities law matters for emerging growth companies and their founding teams, regularly advising them on formation, angel and venture capital financings, mergers and acquisitions, and general business counseling. He also has considerable experience in counseling public companies on equity and debt offerings, mergers and acquisitions, disclosure obligations, and governance matters. In addition, he has represented more-established companies and investment banks in a number of initial public offerings.

“We are very excited about joining a market leader in the emerging growth area. Perkins Coie will be a tremendous platform to continue the development of our practices,” said Clulow.

“We believe the firm’s capabilities, particularly in corporate, litigation and intellectual property law, are very well suited to our clients' needs,” added Zorea.

04-16-2007

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Mintz, Levin, Cohn, Ferris, Glovsky & Popeo P.C.

Thomas Greene to Speak at the Deutsche Bank Group's Industry Leaders Forum
Mintz Levin attorney Thomas Greene will speak on Default Investments, Automatic Enrollment & Investment Advice at the InterContinental Boston, Monday, April 16th.

Tom is a member in the firm's Boston office, practicing in the Employment, Labor and Benefits Section. His practice focuses on the design, development and implementation of employee benefit plans, including tax-qualified retirement and profit-sharing plans, welfare plans, stock incentive plans, bonus plans, cafeteria plans, health plans and severance plans. Tom's work in the area of employee benefit plans includes advising clients on compliance with the Internal Revenue Code and ERISA, fiduciary duties, mergers and acquisitions and bankruptcy.

04-16-2007

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Lathrop & Gage LLP

Survey: High Percentage of Americans Complain About Abusive Bosses
The grade school bully may have grown up to become the office oppressor, according to a new nationwide poll by the Employment Law Alliance (ELA), which found that nearly 45 percent of American workers say they have experienced workplace abuse.

The poll addressed abusive behavior including sarcastic teasing, voice raising, ignoring, insulting, retaliating, spreading rumors and physically threatening co-workers. Almost two-thirds of respondents – 64 percent – said they believed an individual who has been abused by a supervisor or employer has the right to recover damages.

Rosalee McNamara, a labor and employment attorney with Lathrop & Gage L.C. in Kansas City, Mo. and the Midwest representative of the ELA, said the poll results reflect a growing recognition that abusive bosses are more than just an annoyance, but a very real problem. Employers should implement policies and procedures to prevent harmful consequences that could impact their bottom line, she said.

“We used to refer to these people as ‘equal employment opportunity jerks,’” McNamara said. “This survey brings to light how real this problem is. An abusive individual can cause serious repercussions ranging from staff turnover and diminished productivity and morale all the way to multi-party litigation. Abusive and bullying behavior needs to be properly dealt with.”

In litigation, employees may seek damages from the employer, the abusive individual or in many cases, both parties.

McNamara noted the survey comes at a time when nearly one dozen state legislatures are considering laws to specifically prohibit bullying in the workplace; a management book, The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t, by Stanford professor Robert Sutton, is a bestseller; the word “mobbing” is gaining currency in the American workplace as a form of employee abuse by co-workers; and a non-profit think tank. The Workplace Bullying Institute (www.bullybusters.org), is regularly featured in national and global media as it promotes workplace victims’ rights.

In reacting to the poll results, Sutton said, “This national survey adds to the growing mountain of evidence showing that abuse of power is a rampant problem in the American workplace. It is time for senior management to realize that this conduct damages their people and is costing them a fortune. Demeaned workers respond with a reduced commitment and loss of productivity, and they run for the exits to find more humane bosses. And these costs will keep escalating as more victims realize that they can fight back in court.”

McNamara suggested employers put policies in place before abusive behavior surfaces. These rules may include hiring/promoting policies including proper screening to avoid the problem altogether, firing procedures, a discipline program and employee coaching.

The poll, conducted under the supervision of Dr. Theodore Reed, president of the Philadelphia-based Reed Group, was based on a survey of a representative sample of 1,000 American adults within the past two weeks. Detailed interviews were conducted with 534 full- or part-time workers. The confidence interval for this sample size is +/- 4.24%.

Complete poll results are posted on the ELA website, www.employmentlawalliance.com. Among the highlights of the poll:

* 44 percent said they have worked for a supervisor or employer who they consider abusive.
* More than half of American workers have been the victim of, or heard about supervisors/employers behaving abusively by making sarcastic jokes/teasing remarks, rudely interrupting, publicly criticizing, giving dirty looks to, or yelling at subordinates, or ignoring them as if they were invisible.
* 64 percent said that they believe an abused worker should have the right to sue to recover damages.
*
Southern workers (34 percent) are less likely to have experience with an abusive boss than their Northeastern (56 percent) and Midwestern (48 percent) counterparts.

About the ELA:
Rosalee McNamara is the Employment Law Alliance member for the states of Missouri and Kansas. The ELA is the world’s largest integrated, global practice network comprised of premier, independent law firms distinguished for their practice in employment and labor law. There are member firms in all 50 U.S. states, every Canadian province and over 75 countries.

04-16-2007

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