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Crowell & Moring Client AT&T Receives Court Approval For AT&T-SBC Merger Government Settlement
Crowell & Moring LLP client AT&T was granted final approval of its antitrust settlement for the SBC/AT&T merger by a federal judge on Thursday. The case was the first to apply the Tunney Act in a contested proceeding since Congress amended the Act in 2004 to strengthen the court's role in reviewing Justice Department consent decrees. U.S. District Court Judge Emmet Sullivan ruled that the 2005 SBC/AT&T settlement was in the public interest.

Judge Sullivan agreed with the parties that the scope of judicial review of antitrust settlements is "limited" under the law. He also made specific findings rejecting the numerous challenges to that decree from competitors and state regulators.

Wilma A. Lewis, a partner at Crowell & Moring who represented AT&T before the court, said, "We are very pleased with this outcome for our client. This ruling sets a sound precedent going forward that protects the constitutional principle of separation of powers.” Lewis was the first woman appointed by the President to serve as a United States Attorney for the District of Columbia.

Wm. Randolph Smith, Chair of Crowell & Moring’s Antitrust Group and AT&T lead counsel for the Justice Department review, said "The court conducted a very thorough proceeding and developed a comprehensive record from numerous parties. The key holding is that a reviewing court must limit its review and is not empowered with broad authority to second-guess the Justice Department’s prosecutorial discretion or remedies.”

The Crowell & Moring litigation team, led by Lewis and Smith, included partners David Schnorrenberg and associate Valerie Hinko. Crowell & Moring's Antitrust Group represents a range of clients from established Fortune 50 corporations to start-up companies in technology industries. The Group's practice includes the full complement of antitrust and trade regulation matters: civil litigation and investigations; mergers and acquisitions; grand jury investigations and trials; and counseling on ways to manage antitrust risks in all manner of business activities. Other recent matters include lead antitrust counsel for United Technologies Corporation's Pratt & Whitney Division in the acquisition of Boeing's rocket engine unit, as well as providing antitrust advice to the nation's largest patent pool administrator and resolving an international cartel investigation for an industrial concern. In 2006, the firm again was lead counsel for AT&T in its $61 billion acquisition of BellSouth. Other firm antitrust clients include Alcoa, DuPont and Reed Elsevier.

04-02-2007

Securities Industry News Quotes David Baum regarding SEC Rules
In the Securities Industry News article, "Independent Chair Rule Won't Fade Quietly," David Baum is quoted regarding the SEC's mutual fund governance rules.

04-02-2007

T&K Expands Trial Practice with E-Discovery Attorney
The international law firm of Thompson & Knight LLP is pleased to announce J. Wes Billingsley has joined the Firm as Counsel in the Dallas office. Billingsley comes to Thompson & Knight after serving as the Director of Technical Systems for the Supreme Court of Oklahoma; Manager of the Case Support Center at Alston & Bird, LLP; and Managing Partner of Secure Cyber Solutions, LLC.

Billingsley focuses his practice on electronic discovery and electronic information records management. He designs efficient, accurate, and cost-beneficial electronic discovery reviews. With a strong understanding of the overall process, numerous software tools, and vendor-based solutions in the area of electronic discovery, he provides a superior professional analysis of the acquisition and review of electronic evidence. Billingsley has managed numerous electronic evidence reviews, some of which have included terabytes of electronic data and millions of records, and has testified as an expert witness in state and county courts.

"Wes' background and expertise will be a tremendous asset to our Firm and our new Information Management and E-Discovery Solutions Practice Group. With the ever-growing use of technology, our clients face the daunting task of managing and maintaining electronically-stored information. Wes' knowledge, skill, and experience will give our Firm an even stronger presence in this specialized field," says Jane Politz Brandt, Co-Leader of the Information Management and E-Discovery Solutions Practice Group at Thompson & Knight.

Billingsley received a J.D. from Oklahoma City University School of Law in 1999 and a B.A. from Oklahoma State University in 1996. He has achieved numerous information technology certifications, including Microsoft's MCSE, Cisco's CCNA, Nortel's NCSS, and CompTia's A+ certifications.

04-02-2007

W. Timothy Miller ABC Certified in Business Bankruptcy Law
W. Timothy Miller, a partner at Taft, Stettinius & Hollister LLP in the Business Restructuring and Creditors’ Rights Practice Group, received his national certification as a Business Bankruptcy Specialist certified by the American Board of Certification(ABC). The ABC is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous ABC certification standards are designed to encourage bankruptcy practitioners to strive toward excellence and to recognize those attorneys who are experts in the bankruptcy field.

Miller, a resident of Milford, graduated cum laude from DePauw University where he obtained his B.A. in both Music and Economics/Management. He received his Doctor of Law degree from Cornell Law School and served on the Board of Editors of Cornell Law Review.

Miller is a member of the Cincinnati Bar Association, the Ohio State Bar Association, the American Bar Association, the American Bankruptcy Institute, and the Tri-State Association for Corporate Renewal. Miller was recognized as a “Super Lawyers Rising Star” by Cincinnati Magazine and was honored by inclusion in The Best Lawyers in America, published by Woodward/White, Inc.

Taft, Stettinius & Hollister LLP has offices in Cincinnati, Columbus, Cleveland, Dayton and Northern Kentucky. The firm provides a broad range of legal services to businesses and individuals, including litigation, corporate and business law, securities and municipal financing, tax and estate planning, labor and employment law, real estate and environmental, health care, intellectual property and unfair competition and antitrust law.

04-02-2007

Seyfarth Shaw Names Twenty New Partners to Firm
Seyfarth Shaw LLP, one of America’s leading full service law firms, is pleased to announce that twenty attorneys have been invited to join the partnership effective January 1, 2007. The new partners are: Charles L. Bachman, Jr., Brett C. Bartlett, Louann Bronstein, Catherine L. Burns, Robert J. Carty, Jr., Louis S. Chronowski, Jr., Michael A. Cox, Steven M. Crainer, Jeffrey D. Cunningham, Anne E. Duprey, Timothy Hix, J. Scott Humphrey, Aaron R. Lubeley, Dean A. Martoccia, Eric R. McDonough, Devjani Mishra, Alfred L. Sanderson, Jr., L. Lynnette Sarno, Andrew F. Shure and Scott J. Smith.

"These attorneys embody Seyfarth Shaw’s high standard of client service and professional commitment to the practice of law. It is with pleasure that we welcome them into the partnership and wish them continued success,” stated J. Stephen Poor, Chair and Managing Partner of Seyfarth Shaw.

Charles L. Bachman, Jr. is a member of the firm’s Labor & Employment Department and is based in the Atlanta office. His practice involves counseling clients regarding employment law issues and defending employers sued in employment related lawsuits brought in federal and state courts throughout the United States. Charles’s employment litigation practice includes cases involving allegations of sex, race, national origin, disability and age discrimination, sexual harassment, reasonable accommodation, breach-of-contract and wrongful discharge. He attended Vanderbilt University (B.S., 1996) and the University of Georgia School of Law (J.D., cum laude, 1999).

Brett C. Bartlett is a member of the firm’s Labor & Employment Department and the Atlanta Office Leader of the firm’s Wage & Hour Complex Litigation Practice Group. His practice focuses on the defense of complex federal and state wage and hour litigation. He also provides preventative counseling and change management assistance to employers wishing to limit their exposure to investigation and litigation under the federal Fair Labor Standards Act and the state laws that require employers to pay overtime and minimum wages to their employees. Brett graduated from Oberlin College (B.A., 1994) and Mercer University (J.D., 1999).

Louann Bronstein is in the Business Services Department and is resident in the Atlanta office. Her transactional practice focuses on mergers and acquisitions and on equity and debt financings, including venture capital and mezzanine level financing transactions. Louann’s broad-based corporate practice covers a diverse array of business and commercial matters, including business formation, business combinations, commercial agreements, consulting and employment agreements and other general corporate matters. Louann also includes intellectual property law as an ancillary component of her practice. She went to the University of North Carolina at Chapel Hill (B.A., 1983) and Georgia State University School of Law (J.D., magna cum laude, 1999).

Catherine L. Burns is the Business Services Department in the Boston office. She concentrates her practice in representing businesses, real estate investors, developers, landlords, tenants and individual property owners in all areas of commercial real estate. A substantial portion of her practice is centered on real estate acquisition and development, financing and commercial leasing of all types. Catherine has also assists clients in 1031 exchange transactions, sale-leaseback negotiations, joint ventures and loan defeasance. She graduated from Boston University (B.S., cum laude, 1994) and received her law degree from Suffolk University (J.D., cum laude, 1997).

Robert J. Carty , Jr. is in the Labor & Employment Department and is resident in the Houston office. He began his practice in 1994 as a judge advocate in the United States Air Force, where he served as Deputy Staff Judge Advocate at Laughlin Air Force Base, Texas. In addition to handling courts-martial and other military justice matters, Rob handled all of Laughlin AFB's labor & employment issues. Since that time, Rob has handled a variety of complex litigation matters ranging from multi-plaintiff discrimination and wage-and-hour cases to commercial, product-liability, and environmental matters. He is a graduate of the University of Texas (J.D., 1991; M.B.A., 1992 and B.B.A., 1987).

Louis S. Chronowski, Jr. is in the Chicago office in the Litigation Department with particular litigation experience regarding franchise/dealer agreements, trade secrets, restrictive covenants, patents and trademarks. Lou has represented financial institutions, sporting goods manufacturers, truck manufacturers and service providers. He went to Purdue University (B.S., with distinction, 1990), DePaul University (M.B.A., with distinction, 1995) and IIT Chicago-Kent College of Law (J.D., high honors, 1999).

Michael Cox, a partner in the Chicago office, is a member of the Labor & Employment Department. He has significant and successful experience litigating employment discrimination claims, wrongful termination and Sarbanes-Oxley whistleblower actions, contract disputes, and various other employment-related claims through trial court and appellate proceedings, administrative hearings, mediation and arbitration. In addition, Michael has extensive experience providing employment and labor counseling services to both large and small public and private companies and not-for-profit organizations, counseling his clients concerning creation and implementation of human resource policies and procedures; employee recruiting and hiring; performance management and appraisals; corrective actions; and employee terminations and reductions in force. Michael is also experienced in conducting training for all levels of management, human resource professionals, supervisors, and employees. Michael graduated from Drake University (B.A.,cum laude, with honors, 1995) and University of Illinois (J.D., cum laude, 1999).

Steven M. Crainer is in the Business Services Department and is resident in the New York office. He concentrates his practice in tax and corporate law advising corporations, not-for-profit corporations, real estate investment trusts, limited liability companies, and limited partnerships on operational issues and on structuring and documenting acquisitions and joint venture transactions. Steve is a graduate of the University of New Hampshire (B.A., 1990), Case Western Reserve University School of Law (J.D., 1997) and New York University School of Law (LL.M., 1998).

Jeffrey D. Cunningham is in the Business Services Department in the Atlanta office. His work is concentrated in the areas of business transactions and advice and business taxation. He has significant experience representing public, private and nonprofit entities with respect to business and transaction structuring, succession planning and exit strategies, regulatory, securities and taxation compliance, stock and asset based business combinations, capital investment and financing, and commercial arrangements. Jeff routinely advises clients with respect to the federal, state and local corporate and partnership tax impact of proposed transactions and designs ownership and investment structures to maximize both tax efficiency and liability limitation consistent with operational objectives. He has degrees from Vanderbilt University (B.S., 1992) and Georgia State University (M.B.A., 1996; J.D., 1999).

Anne E. Duprey, based in the Chicago office, is in the Labor & Employment Department. She represents management in the area of employment law and has experience litigating employment matters under various federal and state statutes, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, and 42 U.S.C. §§ 1981, 1983. Anne’s practice has a particular emphasis on class actions and trial work. She currently serves as an Adjunct Professor at Northwestern University School of Law, where she teaches Introduction to Trial Advocacy. She went to Kenyon College (B.A., cum laude, 1994) and Washington and Lee University School of Law (J.D., cum laude, 1999).

Timothy Hix is in the Labor & Employment Department. He is based in the Los Angeles office where he represents management in all aspects of labor and employment law. Timothy’s practice focuses on litigating wrongful termination, employment discrimination, sexual and racial harassment, employee discipline and discharge, and trade secrets cases. He is a graduate of Pepperdine University (B.A., 1990; J.D., cum laude 1996).

J. Scott Humphrey is in the Litigation Department in Chicago. He has litigation, arbitration and counseling experience involving a wide range of complex commercial contract disputes and business torts, including matters arising from breach of contract disputes, manufacturing and distribution issues, trade secret appropriation, fraud, insurance disputes, and various Uniform Commercial Code (UCC) issues. He is a member of the Trade Secrets Group and currently serves on the group’s National Steering Committee. In addition to his trade secrets work, Scott’s practice is also focused on commercial and business related litigation involving complex commercial contract disputes and other business torts. He went to Wittenberg University (B.A., Order of Omega Honorary, 1993), John Marshall Law School (J.D., 1997) and Northwestern University, Kellogg Graduate School of Management (M.B.A., 2002).

Aaron R. Lubeley is in the Labor & Employment Department and is based in Los Angeles. Aaron's practice focuses on representing employers in all aspects of labor and employment litigation, including claims of age, race, gender, national origin, sex, sexual orientation and disability discrimination and harassment, retaliation, breach of contract, wrongful termination, privacy right violations, and various wage and hour violations. He also has significant experience in defending employers in class action litigation having defended large, complex class actions for alleged wage and hour violations, age discrimination, and disability discrimination under both state and federal law for a wide variety of clients, including companies in the retail, hospitality, restaurant, oil and gas and telecommunications industries. Aaron graduated from California State University, Los Angeles (B.A., 1994) and Loyola Law School (J.D.,1998).

Dean A. Martoccia is based in Los Angeles in the Litigation Department. His practice focuses on the representation of corporate clients in a broad range of commercial and business litigation matters, including complex commercial contract disputes. He also has extensive experience representing corporate clients in products liability and tort litigation, intellectual property litigation, trade secrets litigation, unfair competition disputes, and environmental disputes. Dean is experienced in all phases of civil litigation, including pre-trial, trial and appellate matters. He has degrees from the University of South Florida (B.S., 1993) and Southwestern University School of Law (J.D., Law Review, 1997).

Eric R. McDonough is based in Los Angeles in the Litigation Practice Group. His work focuses on general business and commercial litigation, with extensive experience in trade secrets litigation, technology disputes, unfair competition disputes, antitrust actions, securities and financial litigation, products liability and tort litigation, insurance bad faith, Employee Retirement Income Security Act (ERISA) litigation and environmental disputes. Eric has also defended employers in a variety of wrongful termination actions, including discrimination, constructive termination, and whistleblower claims. He has experience in all phases of civil discovery, deposition, pre-trial, trial and post-trial litigation, as well as significant mediation experience. Eric graduated from The University of California-Berkeley (B.A., 1992) and Santa Clara University (J.D., Law Review, 1997).

Devjani Mishra is in the Labor & Employment Department in the New York office. She has substantial experience in all aspects of employment litigation - including workplace discrimination and harassment actions, wage and hour claims and compensation disputes - and has tried cases in numerous federal and state courts and agencies. In addition to her litigation practice, she also regularly conducts trainings and counsels management on a wide range of topics, including discrimination avoidance, employee leave requests, reductions in force, and Web 2.0 and the workplace. Devjani graduated from Yale University (B.A., Distinction in the Major, 1994) and Columbia University School of Law (J.D., Harlan Fiske Stone Scholar, 1997).

Alfred L. Sanderson, Jr., based in Sacramento, is in the Labor and Employment Department. Fred specializes in complex wage and hour law, including class action litigation. He also has significant experience in the areas of wrongful termination, sexual harassment and employment discrimination litigation in federal and state courts. In addition to his litigation practice, Fred provides day-to-day advice and counseling to clients on various employment law issues. He has degrees from University of the Pacific (B.S., 1982 and J.D., McGeorge School of Law, with distinction, 1996).

L. Lynnette Sarno is in the Labor & Employment Department in the New York office. She has extensive experience in representing private employers and municipalities in actions arising under federal, state and local employment laws, as well as contractual or compensation disputes. Lynnette has considerable trial experience before various courts, administrative tribunals and arbitration panels. She also counsels human resources representatives and management on workplace issues, and is frequently asked to provide employment law training for various companies. Lynnette graduated from the University of California, Irvine (B.S., B.A., 1992) and Hofstra University, School of Law (J.D., 1995).

Andrew F. Shure is in the Boston office in the Real Estate Practice Group of the Business Services Department. His practice focuses on all aspects of commercial real estate law, including acquisitions, sales, development, financing with an emphasis on leasing. Andrew has experience representing owners and developers on a wide range of projects including downtown office towers, suburban office parks, residential condominiums, residential apartment buildings, golf courses and an electric power plant. He has significant leasing experience representing commercial and retail landlords and tenants throughout the country. Andrew has degrees from Brandeis University (B.A., 1992) and Boston University School of Law (J.D., 1995).

Scott J. Smith is in the Litigation Department and is resident in Chicago. He concentrates his practice in construction law and commercial litigation. Scott, formerly a practicing engineer, has represented individuals and public and private companies in a broad range of construction claims involving multi-party disputes; condominium disputes; lien and foreclosure proceedings; actions for specific performance; breaches of contract; breach of fiduciary duty; fraud; and consumer and deceptive practices. His experience includes disputes involving design and construction errors, breaches of contract, delay claims, public and private mechanic liens, and surety performance issues. He has also represented clients in cases involving issues relating to construction accidents, commercial liability, premises liability, products liability, and wrongful death. In addition to state and federal court practice, his experience encompasses complex mediation and arbitration proceedings. He went to University of Michigan (B.S., 1990) and IIT Chicago-Kent College of Law (J.D.,1996).

04-02-2007

DLA Piper launches the Chicago Fitness Initiative Team
The Chicago office of DLA Piper has launched a new program to encourage charitable giving, environmental awareness, and health and fitness among its more than 700 Chicago area employees. The Chicago Fitness Initiative Team (C-FIT) program encourages and supports individuals who take part in certain run/walk events around the Chicago area from May to August 2007.

As part of the program, the firm will pay entry fees for employees who participate in one of three run/walk events in Chicago over the summer. Participants will receive race gear and fitness equipment discounts, and the firm will pay race entry fees for all the team members.

In exchange, program participants will raise money to support the Greater Chicago Food Depository (GCFD). Each participant is required to raise donations that at least double the entry fee for each race.

“This initiative is designed to support our employees and the Chicago community in a way that’s both meaningful and fun,” said DLA Piper’s Chicago Managing Partner, Lou Cohen. “When we launched our environmental sustainability initiative earlier this year, we encouraged people to run, walk or bike to work instead of driving. That project got us thinking about how else we could support our people and our community. We came up with C-FIT as a way to promote health, fitness, camaraderie among our employees and charitable contributions. And we’re having a lot of fun too.”

The Greater Chicago Food Depository, which is the charity to which all donations will be directed, has had a long relationship with DLA Piper. Bill Rudnick, a DLA Piper partner, has served as GCFD’s general counsel, as well as its board chair, vice chair and board member. The firm’s Chicago office has provided extensive assistance to the Food Depository on a pro bono basis for years.

The Food Depository distributes donated and purchased food through a network of 600 food pantries, soup kitchens and shelters to almost 500,000 adults and children every year. Last year, the Food Depository distributed more than 40 million pounds of nonperishable food and fresh produce, dairy products and meat, the equivalent of more than 84,000 meals every day.

“The C-FIT program is yet another avenue for us to support the important work of the Greater Chicago Food Depository, which works every day to combat hunger in our community,” said Bill Rudnick. “People in Chicago and throughout the firm are always looking for ways to get involved in our efforts to support the Food Depository, and this program gives them yet another opportunity to make a difference.”

The C-FIT team held its inaugural meeting at the end of March, and so far more than 30 people have signed up. The team will begin group training in April. The first race will be the Chase Corporate Challenge on May 24.

04-02-2007

Former Chief Counsel of KLA-Tencor and SunGard Joins Morgan Lewis
Morgan Lewis is pleased to announce that Lawrence A. Gross has joined the firm as a partner in the firm's Business and Finance Practice. Originally scheduled to join Morgan Lewis in September 2006, Mr. Gross first accepted a short-term assignment with firm client KLA-Tencor Corporation of San Jose, California, the world's leading supplier of process control and yield management solutions for the semiconductor and related microelectronics industries. As KLA-Tencor's interim general counsel, Mr. Gross was responsible for assisting the company with the investigation of its historical stock option practices, shareholder litigation, and related matters and for managing its worldwide legal function. Mr. Gross has successfully completed this interim assignment.

Previously, Mr. Gross was the longtime chief counsel of SunGard Data Systems, a global leader in software and processing solutions for financial services, higher education, and the public sector, as well as the pioneer and leading provider of disaster recovery and other information availability services. Mr. Gross was SunGard's general counsel from shortly after its public offering in 1986 until the start of 2005, when he assumed the roles of chief legal officer and chief administrative officer. During his 20 year tenure at SunGard, the company grew from $50 million to $4 billion in revenue as he created, developed, and managed the legal, governance, and compliance functions for the company's worldwide operations. An NYSE-listed company for most of its history, SunGard was acquired in August 2005 by a consortium of seven leading private equity firms in a landmark $11.4 billion leveraged buyout transaction.

"Larry Gross did an excellent job assisting KLA-Tencor through a difficult period. Before that, he was a key member of the senior management team that led SunGard to extraordinary success." said Fran Milone, Chair of Morgan Lewis. "We look forward to having Larry's legal and business acumen, leadership, and organizational skills available to assist our clients, especially in M&A, technology transactions, and corporate governance."

Mr. Gross is a 1979 magna cum laude graduate of the University of Michigan Law School. He also received a Masters degree in philosophy from the University of Michigan in 1978. As an undergraduate, he specialized in logic, earning an A.B. degree with highest honors in philosophy and a second major in mathematics from the University of Michigan in 1973. During graduate school, Mr. Gross taught a variety of courses at the University of Michigan and also supplemented his income (and gained an invaluable perspective into the human psyche) as a taxi driver.

04-02-2007

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