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Hagens, Berman, Sobol & Shapiro, L.L.P.

U.S. Court of Appeals Again Sides with Plaintiffs in Rio Tinto Alien Tort Claims Case
"Today the United States Court of Appeals again rejected arguments brought by mining giant Rio Tinto [NYSE:RTP] in a massive human rights claim brought by South Pacific islanders claiming Rio conspired with the government of Papua New Guinea (PNG) to savagely quell civil resistance over an environmentally devastating mining operation, actions that led to the deaths of thousands.

The case, originally filed in 2000 in U.S. District Court in San Francisco, seeks to represent Bougainville island residents who were exposed to toxins resulting from mine operations, lost property due to environmental contamination, as well as those injured or killed during the conflict which began in 1989 and raged until 1999.

Under the Alien Tort Claims Act, foreign nationals can bring suit in the United States against companies that violate international law. Rio Tinto is the parent company of subsidiary U.S. Borax Inc., headquartered in Los Angeles.

The case also alleges that Rio Tinto violated international law, including prohibitions against destruction of the right to life and health, and prohibitions against racial discrimination and war crimes.

The same court issued a similar decision in 2006, but reheard the case at the request of Rio Tinto.

According to Steve W. Berman, managing partner of Hagens Berman Sobol Shapiro, the firm representing the plaintiffs, this decision again affirms the court's belief that the case should be heard in U.S. courts.

""We thought the court's original decision was clear, cogent and thoughtful, and had hoped that it would help us give our clients their day in court, something our clients have been fighting to reach for years,"" said Berman. ""Now that the court has rejected Rio's arguments for a second time in a similarly unambiguous way, we hope this case can move forward.""

The court also ruled that war crimes, crimes against humanity and racial discrimination are such universally recognized norms that they can be heard under the Alien Tort Claims Act.

In the most recent ruling, the court again dismissed concerns voiced by the U.S. State Department that the case would hamper ongoing peace negotiations in the region, and could hobble the State Department's ability to conduct foreign policy.

According to Berman, he hopes the ruling will finally give his plaintiffs the ability to seek redress for loss of life and injuries from the war, and to pursue claims that will force Rio Tinto to clean up the island from the massive environmental destruction caused by the mining operations.

""So far, Rio Tinto has exploited every possible tactic to delay this case,"" Berman noted. ""If its past actions are any indication, we expect that its attorneys will file another set of appeals.""

The court sided with the plaintiffs in a two-to-one majority, as it did in its 2006 decision."

04-16-2007

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Womble Carlyle Sandridge & Rice, PLLC

Eight Womble Carlyle Lawyers Named to DC Super Lawyers List
Womble Carlyle Sandridge & Rice, PLLC today announced that eight Womble Carlyle attorneys have been named Washington DC Super Lawyers for 2007.

Washington DC Super Lawyers, an annual magazine published by Law & Politics, includes a listing of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The list includes no more than five percent of the licensed active attorneys in the DC area, and represents more than 60 practice areas.

Womble Carlyle's Super Lawyers went through a multi-step selection process that includes surveying DC area lawyers who have been in practice for at least five years; researching credentials of nominees; assembling a blue ribbon review panel of leading attorneys from each practice area; directly contacting lawyers and law firm representatives, verifying data and conducting a good-standing review of candidates.

Following is a list of the Womble Carlyle lawyers by office who were named to the list and the practice area for which each was selected:

Washington, DC
Diane J. Fuchs, Employee Benefits/ERISA
John D. Hagner, Real Estate

Tysons Corner, VA
Stephen G. Cochran, General Litigation
W. Michael Holm, Business Litigation
Daniel R. Mackesey, Real Estate
Gary H. Nunes, Intellectual Property Litigation
Thomas J. Sawyer, Employment & Labor
Holly Emrick Svetz, Government/Cities/Municipalities

04-16-2007

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Thelen, Reid, Brown, Raysman & Steiner, LLP

Thelen Reid Brown Raysman & Steiner Adds Two More Lateral Partners to Key Practice Areas
Thelen Reid Brown Raysman & Steiner LLP continues to grow its core practice areas on the West Coast and in China with the addition of two more lateral partners in the areas of Business and Finance and Commercial Litigation.

Partner Ruth Strauss joins Thelen's growing Finance practice in San Francisco from Chapman and Cutler LLP. IP partner Aaron Wininger joins the firm's Shanghai office from Squire Sanders & Dempsey LLP. Four lateral partners have joined the firm in California and China within the past week and 18 attorneys have joined the firm this year.

Ms. Strauss's practice focuses on complex financial transactions and asset securitization. She brings to the firm a wealth of experience with rating agencies and the representation of issuers, underwriters, banks, placement agents, conduits, and liquidity and enhancement providers in transactions involving a wide variety of asset classes. Her substantial financing expertise and reputation in the securitization market sector fit well with Thelen's goal to expand its real estate finance practice on the West Coast.

Ms. Strauss brings impressive clients to the firm and—like new Los Angeles partner David Fong, who joined the firm on April 2 from Stroock & Stroock & Lavan—she will be a key player in enhancing the firm's West Coast finance capabilities. Ms. Strauss joined the firm on April 5.

Mr. Wininger, formerly a partner in Squire's Shanghai office, joins Thelen's 200-strong Commercial Litigation department. Mr. Wininger, who holds a Bachelor's degree in Applied Physics from Columbia University, practices IP law, including patent prosecution, client counseling, and patent litigation for more than 50 Asia-based companies and Silicon Valley start-ups.

Mr. Wininger said he joined Thelen because the firm has a platform that will support him in the continued expansion of his client base. This includes a significant amount of non-IP work that his client base spins off, such as corporate financing and M&A.

"Aaron's substantial expertise in U.S. and Chinese patent law, as well as his reputation in the Chinese-American community, fit well with the goal of growing the Shanghai office," Thelen Shanghai Managing Partner Thomas Shoesmith said. "Aaron will be able to service his current client base and use Thelen to further develop his Asia client base."

Since January, the firm has added seven attorneys in Shanghai, including corporate real estate specialist David Tang from Orrick Herrington & Sutcliffe in March. Mr. Wininger will be the third partner in the Shanghai office, which has grown from two attorneys to 13 since August.

04-16-2007

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Stoel Rives, LLP

Finalists Named in 2007 Utah Innovation Awards Program
Twenty-one technology innovations have been selected as finalists in the fifth annual Utah Innovation Awards, presented by Stoel Rives LLP and the Utah Technology Council. This statewide program, designed to recognize innovations and the Utah companies that created them, is sponsored by Connect magazine and Hewlett-Packard. Finalists and winners will be honored at a special Awards Luncheon on Thursday, May 10, 2007 at the Marriott City Center. Registration is available online at www.stoel.com/innovation.

Seven winners—one from each category—will be announced at the May 10th Awards Luncheon. A committee of nearly 60 experts from private industry, government and academic communities selected the winners and finalists in each of the program’s seven categories: biotechnology/pharmaceuticals, chemicals/materials science, computer hardware/electrical devices, consumer software, enterprise business-to-business software, mechanical devices and medical devices.

Finalists, listed alphabetically by entity name within each category, are as follows:

Biotechnology/Pharmaceuticals

* MultiTarget Pharmaceuticals, LLC, AquaPlasmid & AquaGenomic
* Q Therapeutics, Inc., Q-Cells™
* University of Utah and NeuroAdjuvants, Neuropeptide-based Analogs that Cross Blood-Brain-Barriers

Chemicals/Materials Science

* AeroQuest, LLC, Thermoplastic Composites
* Ceramatec, Inc., Gliding Arc Reformer
* H3 TEC, LLC, H3 Element Detector

Computer Hardware/Electrical Devices

* Digital Home Communications, audioShare
* Flying Sensors and Brigham Young University, UAVs for Sensing, Data and Images
* SimpliPhones, Inc., SimpliPhones Business Phone System

Consumer Software

* Auction Video, Inc., User Generated Video Content (Patent Pending)
* ClearPlay, Inc., ClearPlay DVD with Parental Filtering
* iWorlds Simulations, Full Immersion Experience

Enterprise B-2-B Software

* Omniture, Inc., Discover 2.0
* TheraDoc, Inc., Clinical Decision Support Technologies
* Symantec, Altiris Software Virtualization Solution (SVS)

Mechanical Devices

* Andigen, Innovation of the IBR Anaerobic Digester
* Barney Auman, SureFit
* Kadence Technology, Inc., Kapitol Reef Snorkel

Medical Devices

* AlphaSpine, Minimally Traumatic Spinal Surgery
* Coherex Medical, Inc., The Coherex FlatStent™
* IOMED, Inc., Hybresis Iontophoresis System

Finalists will showcase their innovations at 11:00 and the Awards Luncheon will begin at Noon. Governor Jon M. Huntsman Jr. will provide welcoming remarks and Larry D. Rigby, founder of ZARS Pharma, Inc. will deliver a keynote address. Individual seats are $35.00 and a table of ten is $350. To register, visit www.stoel.com/innovation by Friday, May 4, 2007. Individuals or companies that purchase a table of ten by Friday, April 27, 2007 will receive recognition in the Awards Luncheon program.

Votes were tallied by the accounting firm PricewaterhouseCoopers. The program is supported by the Association of Corporate Growth, Manufacturing Extension Partnership, Utah Manufacturers Association and the Wayne Brown Institute.

04-16-2007

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Rumberger, Kirk & Caldwell Attorneys At Law

Orato Joins The Law Firm Of Rumberger, Kirk & Caldwell
Damien A. Orato recently joined the Orlando office of Rumberger, Kirk & Caldwell as an associate practicing in casualty defense, product liability and securities litigation.

In 2003, Orato graduated magna cum laude from the University of Notre Dame with a bachelor’s degree in finance and a minor in accounting. He went on to earn his J.D. cum laude from Florida State University College of Law in 2006. While in law school, he served as an editor for the Florida State Law Review and was a member of the Journal of Transnational Law and Policy.

04-16-2007

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Orrick LLP

Orrick Chairman Named Among Most Admirable CEOs in Legal Blog
Chairman Ralph Baxter is highlighted in this blog about the results of a survey distributed last month that asks law firm leaders to name the law firm Managing Partner/Chair/CEO they admire most for their leadership. Ralph is identified as among the top ten.

In addition to asking the names of the most admired, the survey also asked why the individual stands out. Some reasons mentioned were commitment to change, having an ambitious agenda, aligning people behind his or her vision for the firm and maintaining core values.

04-16-2007

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Milbank, Tweed, Hadley & McCloy LLP

Alan J. Stone Joins Milbank
Alan J. Stone, age 46, has joined Milbank, Tweed, Hadley & McCloy LLP as a partner in the New York office, the international law firm announced today.

A prominent figure in the Delaware legal community, Mr. Stone’s practice focuses on corporate and business litigation, including proxy contests, mergers and acquisitions, consent solicitations, complex valuation disputes and interested party transactions. In addition, he advises corporate boards of directors and special committees with respect to transactional and litigation issues. Previously, Mr. Stone was a partner in the Wilmington, Delaware office of Morris, Nichols, Arsht & Tunnell LLP.

Mr. Stone has represented directors, officers and corporate entities in actions challenging their exercise of fiduciary duties in the context of mergers, going private transactions and other transactions involving controlling or majority stockholders, as well as in derivative litigation. He has also advised and represented in litigation both acquirors and targets in hostile acquisitions. Similarly, he has represented both companies and insurgents in proxy contests and litigation arising from proxy contests and other contests for corporate control.

Representing clients across a broad range of industries, Mr. Stone has led more than thirty first-chair trials and major matters over the past ten years.

Milbank chairman Mel M. Immergut stated, “Alan’s appointment reflects the successful growth of our litigation practice over the past several years. His invaluable experience appearing before the Delaware Court of Chancery will enhance our capabilities to provide our clients with the foremost team of litigators.”

Mr. Stone is a member of the American Bar Association and the Delaware State Bar Association and is admitted to practice in Delaware and New York.

04-16-2007

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