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V&E Sponsors Historic Howard Law Journal Symposium
Richard and Mildred Loving were indicted by a Virginia grand jury for violating Section 20-58 of the state criminal code. The couple hadn't killed anyone or robbed any banks. They hadn't lied, cheated or stolen. Their crime was falling in love and getting married. Richard was white; Mildred was black. In Virginia, interracial marriages were illegal, punishable by up to five years in prison.

In finding the couple guilty, a Virginia trial judge stated, "Almighty God created the races white, black, yellow, Malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix." In 1967, the Supreme Court of the United States threw out the Lovings' conviction, ruling that the statute adopted by the State of Virginia to prevent marriages between persons solely on the basis of racial classifications violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment.

This fall, four decades after that historic decision, the importance and legacy of Loving v. Virginia, 388 U.S. 1, will be revisited in a national symposium published by the Howard Law Journal and sponsored by Vinson & Elkins LLP. The symposium will feature six articles authored by some of the nation's leading experts and scholars in family and constitutional law.

Vinson & Elkins is proud to announce that the international law firm is sponsoring a three year symposia with the Howard Law Journal starting this fall with an issue that will focus on the Supreme Court striking down Virginia's miscegenation laws. V&E lawyers will present an $18,000 check to the students and faculty of Howard University School of Law and the Howard Law Journal on Tuesday, April 10.

"We are deeply grateful for this important show of support from Vinson & Elkins for Howard University School of Law and for our Law Journal, which showcases some of our finest students," says Howard University Law Professor Andrew I. Gavil, who oversees the law journal. "The annual Vinson & Elkins Symposium will facilitate the Journal's efforts to attract and publish first-rate, cutting-edge scholarship, enhancing its reputation in the academic and legal community and promoting the goal of providing our Journal members with the finest training."

"Howard Law School, with its rich history and legacy of social justice, produces some of the best and brightest lawyers in the country," says V&E Partner Dionne Lomax, a 1992 graduate of Howard University and the firm's team leader for recruiting at Howard. "Vinson & Elkins has benefited from the legal talent produced by Howard Law and it is my hope that the Vinson & Elkins symposium will further solidify our relationship with the law school and its students."

Ms. Lomax says that the planned fall symposium showcases the fact that the Howard Law Journal helps facilitate innovative and critical legal thinking that is the hallmark of Howard University's legacy.

By focusing on Loving v. Virginia, the Howard Law Journal symposium will examine an historic case that had long sat in the shadow of Brown v. Board of Education and other more well-known civil rights and civil liberties cases. At the time the Supreme Court decided Loving, 16 states had laws that prohibited interracial marriages. Because no one would perform the ceremony in Virginia, the Lovings drove to Washington, D.C. in June 1958 to be officially married, then returned to Virginia to live. Six months later, the couple were charged and convicted of violating § 20-58 of the Virginia Code:

"Leaving State to evade law. — If any white person and colored person shall go out of this State, for the purpose of being married, and with the intention of returning, and be married out of it, and afterwards return to and reside in it, cohabiting as man and wife, they shall be punished as provided in § 20-59, and the marriage shall be governed by the same law as if it had been solemnized in this State. The fact of their cohabitation here as man and wife shall be evidence of their marriage."

Chief Justice Earl Warren, in a unanimous opinion, wrote, "Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State. These convictions must be reversed."

While the Supreme Court's ruling came in 1967, many states refused to repeal or rescind their miscegenation laws for many years. The last state to remove its law criminalizing mixed-race marriages was Alabama in 2000.

04-10-2007

Orrick Announces New Office Leader in Tokyo
Orrick, Herrington & Sutcliffe LLP announced today that Mark Weeks has been named Managing Partner of the Tokyo office. Weeks took over from Jim Tervo, who moved to the firm's Shanghai office to lead the Asian real estate practice. 2007 marks the 10th anniversary of Orrick's Tokyo office, and the firm has more than doubled the number of bengoshi since 2004.

"We have experienced tremendous growth and success in Tokyo, and given the strength of the Japanese economy, we look forward to continued development of that office," said Cameron Cowan, Managing Director for Offices and Geography at Orrick. "Mark is an experienced lawyer and leader with a diverse background who will provide the leadership necessary to continue the growth of Orrick's Tokyo office."

Before becoming Managing Partner of the Tokyo office, Weeks, who practiced in New York for 14 years before moving to Japan, served as leader of the Tokyo corporate practice and the partner in charge of lateral recruiting for the office. Under his leadership, the office has grown from 12 lawyers to 35 and the firm has increased the number of bengoshi from three to 19. Weeks concentrates his practice on mergers and acquisitions, joint ventures, IT, life sciences and telecommunications asset transfers, strategic investments and general corporate representation for U.S. and Japanese companies.

"Orrick's first ten years in Tokyo have proven extremely fruitful, and I look forward to guiding the office to even greater heights in the future," said Weeks. "Working closely with our offices in Hong Kong, Beijing, Shanghai and Taipei, we offer clients unrivaled expertise and service in each of the major Asian financial and governmental centers."

Orrick's 35 Tokyo lawyers provides clients with the skills of Japanese, U.S., British, French, Korean and Russian law qualified lawyers. Opened in 1997, the office has quickly established itself as a leader in the Tokyo-based real estate, project finance and securitization practices. The firm has also established built strong cross-border capital markets, intellectual property, M&A and employment practices.

04-10-2007

Orrick Represents Gay Couple In Discrimination Case
Federal district court judge Phyllis J. Hamilton has ruled that Michael and Rich Butler, a San Jose gay couple, can move to trial in their discrimination suit against an internet business known as Adoption.com and Adoption Profiles LLC. The business is owned by Arizona residents Nathan and Dale Gwilliam, who are also named in the suit.

The defendants charge a fee for permitting prospective adoptive parents to post internet profiles, which are then viewed by birth mothers seeking to place their children for adoption. The Butlers alleged that the defendants violated California law by refusing to permit same-sex couples to use the profiling service. The Butlers, who are represented by Orrick and the National Center for Lesbian Rights (NCLR), alleged that the defendants’ policy of refusing services to same-sex couples unlawfully discriminates on the basis of sexual orientation, marital status, and sex.

“We are very pleased with the ruling,” said Michael Butler, one of the plaintiffs in the case. “When the Gwilliams refused to post our profile because we are a same-sex couple, we were very upset. But this case is not just about our family. It is about protecting everyone from discriminatory business practices.”

In her ruling, Judge Hamilton rejected the defendants’ argument that they are not bound by California law because they are an internet business based in Arizona and do not have any physical offices or staff located in California.

Judge Hamilton stated: “When an out-of-state business solicits California and does business with customers living in California, California has an interest in ensuring that the out-of-state business does not discriminate against the California customers.”

“By every objective measure, the Adoption.com website does more business with Californians than with any other state in the Country,” said Neel Chatterjee, a partner at Orrick, Herrington & Sutfcliffe who represents the Butlers in the case. “This ruling recognizes California’s strong interest in protecting its residents against arbitrary discrimination by businesses who decide to transact business in this state.”

Judge Hamilton also rejected the Gwilliams’ claim that requiring them to comply with California’s anti-discrimination laws would violate their constitutional right to freedom of speech. She ruled: “Plaintiffs are not seeking to place any restrictions on what defendants are permitted to say or to compel them to say anything. It is the discriminatory conduct that is at issue here – defendants’ refusal to do business with the plaintiffs, based on their sexual orientation and/or marital status.”

“This ruling is a tremendous victory for California consumers,” said Shannon Minter, NCLR’s legal director, who also represents the Butlers. “The First Amendment protects speech, not discriminatory conduct. If business owners could get away with refusing to serve certain groups just by claiming a right to express discriminatory beliefs, there would be no civil rights protections.”

Because of Judge Hamilton’s ruling, the Butlers can now proceed to trial to prove their claims that the Gwilliams’ refusal to provide them with services was based on an intentional policy of discriminating based on sexual orientation, marital status, and sex.

“We are looking forward to the trial,” said Rich Butler, the other plaintiff in the case. “It has taken more than five years to reach this point, and we are ready to present our case in trial. We hope to put this discriminatory policy to an end.”

About The National Center for Lesbian Rights
The NCLR is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. We can be reached through our website at www.nclrights.org.

04-10-2007

Nonprofit Community Groups Serving Baltimore City and Washington, DC Areas Eligible for Support Grants from Ober|Kaler
The law firm of Ober, Kaler, Grimes & Shriver (Ober|Kaler) announced today that it has launched its fifth annual Ober|Kaler Community Grants Program, a $35,000 community grants program to aid nonprofit organizations serving the Baltimore and Washington, DC metropolitan areas.

Established on the occasion of the firm’s 100th anniversary, Ober|Kaler will award two $10,000 grants and one $15,000 special grant to nonprofit organizations with educational programs focused on improving the lives of disadvantaged children in the Baltimore City or Washington, DC area.

Grant applications [Word doc / 48k] and guidelines are available now at www.ober.com/grants. Completed applications must be received by Friday, August 3, 2007. All organizations applying for assistance must be certified by the Internal Revenue Service as not-for-profit 501 (c)(3) organizations.

04-10-2007

Norris McLaughlin Attorney to Speak at Bankruptcy Bench-Bar Conference
Norris McLaughlin & Marcus, P.A. is pleased to announce that Member Morris S. Bauer will participate as a panelist at the Ninth Annual Hon. William H. Gindin Bankruptcy Bench-Bar Conference sponsored by the New Jersey State Bar Association Bankruptcy Law Section in cooperation with the New Jersey Institute for Continuing Legal Education. The conference will be held at the Brunswick Hilton in East Brunswick on April 13, 2007, where Bauer will speak as a panelist at a workshop entitled “Who Controls the Debtor? Role of the Chief Restructuring Officer (CRO)/Fibermark Issues: Role of Committee Counsel.”

This conference is intended for anyone involved in bankruptcy practice and will cover issues such as:

· Individual and Corporate Credit Rating
· Purchase and Sale of Consumer and Business Claims
· Nuts & Bolts of Consumer Bankruptcy Cases
· Pre-Chapter 11 Negotiation
· Who Controls the Debtor? Role of the Chief Restructuring Officer (CRO)/Fibermark Issues: Role of Committee Counsel
· Important Family Law Issues
· Municipal Tax Liens on Residential Real Estate
· Legacy Benefits
· Hot Consumer Topics - Chapters 7 & 13
· Hot Corporate Topics
· Electronic Discovery

A resident of Long Valley, Bauer is a member of the Bankruptcy & Creditors’ Rights Group at Norris McLaughlin & Marcus. Bauer has represented debtors, creditors’ committees, and stand-alone creditors in the Chapter 11 proceedings of publicly and closely-held corporations, limited liability companies, and partnerships, including a multi-store regional supermarket chain, a national distributor of electronics, several New Jersey residential developers, one of Northern New Jersey’s largest income-producing property owners, committees to a large-scale regional mail distributor, and a computer software outsourcing business to several Fortune 500 companies. In addition, he has represented one of the largest satellite dish operators in federal and state court litigation.

Bauer is a member of the New Jersey State Bar Association (Debtor/Creditor Section), Morris County and Essex County Bar Associations, American Bankruptcy Institute and the Morris County Chamber of Commerce. He is admitted to practice in New Jersey, New York, the U. S. District Court for the District of New Jersey and the Eastern District of New York, and the U.S. Court of Appeals for the Third Circuit. Bauer earned his J.D. from Hofstra University School of Law and his B.S. from Dickinson College.

04-10-2007

United States Magistrate Judge Leaves Bench to Join Nixon Peabody LLP; Ronald J. Hedges Joins Nixon Peabody’s Business Litigation Practice
Mr. Hedges joins Nixon Peabody’s practice after serving as United States magistrate judge for the United States District Court of New Jersey for the past 21 years. Mr. Hedges’ practice will focus on complex civil and corporate integrity matters. He has extensive experience in e-discovery matters. Mr. Hedges also has extensive experience in management of complex civil litigation. He brings a unique understanding of the law on electronic data retention and on the responsibilities for corporate e-document retention and discovery policies.

Scott O’Connell, leader of Nixon Peabody’s business litigation group, said, “Nixon Peabody is delighted to welcome Judge Ronald Hedges. This is a tremendous win for our firm and our clients. Ronald’s command of e-discovery, electronic document retention, and public disclosure issues is unique. Combine this with his twenty-plus years of judicial experience, and he is a dynamic addition to placing our complex civil and corporate integrity practice in a unique position to deliver services unavailable elsewhere.”

Mr. Hedges earned a B.A. degree from University of Maryland. He holds a J.D. degree from Georgetown University Law Center. Mr. Hedges is an adjunct professor at Georgetown University Law School and Seton Hall University Law School. Additionally, he is a member of the Advisory Board of the Sedona Conference as well as an observer to the Sedona Conference Working Group on Best Practices for Electronic Document Retention & Production. Mr. Hedges is also a member of the Georgetown University Law Center E-Discovery Advisory Board. He is widely published on e-discovery, digital discovery, and e-evidence matters, as well as complex case management, and he is sought after nationally as a lecturer.

04-10-2007

Mayer, Brown, Rowe & Maw LLP Advises Merrill Lynch on $175 Million Issuance of Subordinated Tier II Debt By First Bank of Nigeria PLC
With its client Merrill Lynch International, Mayer, Brown, Rowe & Maw LLP recently structured a first-of-its-kind subordinated Tier II capital market offering out of Africa. Merrill Lynch International was the lead book-runner on the $175 million issuance of subordinated Tier II debt by First Bank of Nigeria PLC, the country's largest bank.

In a reluctant market, the Mayer, Brown, Rowe & Maw attorneys were able to overcome market barriers and successfully negotiate the First Bank of Nigeria deal, putting together a strong structure that was then used successfully by First Bank of Nigeria and Merrill Lynch to win back apprehensive investors to Nigerian debt.

"This was a very high-profile deal, met with several complicated nuances in the Nigerian market," commented Chicago-based partner Jim Patti. "The success of this deal has encouraged the Nigerian economy and its investors and has solidified Mayer, Brown, Rowe & Maw's international and financial capabilities."

Merrill Lynch International is a strategic advisor to corporations and institutions worldwide and a leading underwriter of debt & equity securities.

The Mayer, Brown, Rowe & Maw team advising Merrill Lynch International included partner Jim Patti, banking and finance associate Maria (Gaby) Sakamoto and London associate Ijeoma Ekwueme-Okoli.

04-10-2007

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