Law Firm News

---

Law Firm News

Firm Name

News Title

News

News Date

25383 matches |  8072-8078 displayed

1  1151 1152 1153 1154 1155  3627

---

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P.

U.S. SUPREME COURT ADOPTS STRICTER STANDARDS FOR WHISTLEBLOWER SUITS UNDER THE FALSE CLAIMS ACT
"The United States Supreme Court issued an opinion of significance to any business that conducts operations subject to regulation by the federal government, participates in government programs, or has government contracts. At issue in Rockwell Int'l Corp. v. United States, No. 05-1272, was the liability of Rockwell International for a jury award in the amount of $4,000,000 pursuant to the False Claims Act, 31 U.S.C. § 3729, et seq., which provides for civil liability and treble damages for false or fraudulent claims made to the United States, and authorizes litigation either by the Attorney General or by a private party who may bring Apr-07 ""qui tam"" action on behalf of the United States.

The plaintiff in the case was a former employer of Rockwell International who brought a whistleblower suit in the name of the United States, asserting that the company committed fraud by making false statements to the federal government for improper gain. The former employee, James Stone, alleged Rockwell violated numerous state and federal environmental regulations and then falsely represented to the government that it complied with these regulations when submitting for reimbursements under its contract.

Pursuant to the False Claims Act, a qui tam relator who bases his suit on publicly disclosed information must be an “original source” with “direct and independent knowledge of the information” on which the allegations of fraud against the United States are based. 31 U.S.C. § 3730(e)(4)(A) & (B). The FCA’s qui tam provisions are designed to encourage private citizens to expose fraud but to avoid actions by opportunists seeking to capitalize on public information. The Supreme Court granted certiorari in the Rockwell International case to decide whether the relator must have knowledge of the false statements made to the government or whether knowledge underlying or supporting the fraud allegations is sufficient.

Stone had filed the qui tam action alleging his former employer violated numerous state and federal environmental regulations while processing waste at the Rocky Flats nuclear weapons plant in Colorado and that Rockwell falsely represented to the Department of Energy that it complied with these regulations when submitting reimbursements under its contract. The most significant portion of Rockwell's compensation came in the form of a semiannual “award fee,” the amount of which depended on DOE's evaluation of Rockwell's performance in a number of areas, including environmental, safety, and health concerns. Newspapers had already published detailed reports concerning environmental compliance problems at Rocky Flats before Stone had filed suit. Stone, thus, argued that despite the news coverage, he was an “original source” with “direct and independent” knowledge who could maintain the suit under Section 3730(e)(4)(A) & (B). The district court denied Rockwell's motion to dismiss even though Stone could neither specify who made misrepresentations to the government nor identify the specific documents in which those misrepresentations were made. The United States intervened to support the qui tam suit, and a jury ultimately returned a verdict in favor of the United States and Stone for over $4,000,000. The Tenth Circuit affirmed, holding that a Stone was an ""original source” because he had direct and independent knowledge of information “underlying or supporting” the fraud allegations rather than actual alleged fraudulent submissions to the Government.

The Supreme Court reversed, holding that the “original source” requirement is jurisdictional, and that False Claims Act does not permit jurisdiction over a relator’s entire suit just because the relator may be an original source with respect to some specific allegations. Thus, that Stone may allege to have had some direct and independent knowledge of his former employer’s operations at Rocky Flats was not enough to make him an original source with respect to the alleged fraudulent submission, i.e., the alleged false statements to the government, for improper gain. The Court gave the jurisdictional provisions of the False Claims Act a strict interpretation, where lower courts had been split on the issue. The Supreme Court’s decision in Rockwell International will make it much more difficult to file and maintain a suit under the False Claims Act based on publicly disclosed transactions, and represents a clear victory for government contractors and companies involved in other types of government programs, which are often faced with broad discovery and wide-ranging investigations as a result of such cases. The False Claims Act provides for substantial rewards to would be qui tam plaintiffs, but by the same token also allows for cost-shifting awards of attorney’s fees and costs in the event they cannot prevail. This firm’s attorneys have successfully defended against False Claims Act allegations brought by opportunist whistleblowers seeking to capitalize on matters of public record and disgruntled former employees claiming to have direct and independent knowledge of their employers’ operations."

04-02-2007

---

Debevoise & Plimpton, LLP

Debevoise Recognized for Role in "M&A Deal of the Year" at the IFLR European Awards
"Debevoise & Plimpton LLP was recognized for its role as special counsel to Arcelor in the €27 billion acquisition of Arcelor by Mittal Steel at the 2007 International Financial Law Review's European Awards. Debevoise was among the law firms honored for their roles in the transaction, which was named ""M&A Deal of the Year"" by the publication at a ceremony held in London this March. Of Counsel Noëlle Lenoir led the deal for Debevoise with partners Antoine Kirry and Pierre-Pascal Bruneau.

IFLR is the leading magazine for in-house counsel and practitioners in the financial markets. The IFLR Awards are the annual review of the most innovative deals of the previous calendar year, and the firms that worked on them. Debevoise & Plimpton LLP is a leading international law firm with offices in New York, Washington, D.C., London, Paris, Frankfurt, Moscow, Hong Kong and Shanghai."

04-02-2007

---

Chadbourne & Parke LLP

Edward Zaelke Named Managing Partner of Chadbourne & Parke's Los Angeles Office
"The international law firm of Chadbourne & Parke LLP announced today that Edward Zaelke has been named Managing Partner of the Firm’s office in Los Angeles. The move comes as part of Chadbourne’s substantial expansion of the office in the last six weeks.

As the Managing Partner in Los Angeles, Mr. Zaelke will oversee the office’s growing practice, which will include wind energy and other areas of renewable energy. Mr. Zaelke is the president of the American Wind Energy Association and headed the Renewable Energy Practice Group at his former law firm, Morgan, Lewis & Bockius.

""Ed is a strong leader with great visibility in renewable energy, which is a growth area for the Firm,"" said Chadbourne Managing Partner Charles O’Neill.

Mr. Zaelke, 48, succeeds Jay Henneberry, a Los Angeles partner who, after 13 years of leading the office, has decided to concentrate on his litigation practice. ""Jay has done an outstanding job in managing the Los Angeles office over the past 13 years,"" said Mr. O’Neill. ""The entire Firm is very grateful for his efforts and appreciative of his success.""

Mr. Zaelke said, ""Chadbourne is pursuing a West Coast strategy of smart, strategic growth that focuses on the ‘sweet spot’ of our practice areas here: renewable energy and litigation. I am delighted to help put this strategy into action.""

In addition to Mr. Zaelke, partners Adam Umanoff and Thomas Dupuis and a team of associates have joined Chadbourne in Los Angeles from Morgan Lewis. They bring broad experience in wind and renewable energy matters.

The recent wind hires are the first step in the Los Angeles office's expansion, which is aimed at adding lawyers in other practice areas that complement those in the Firm's other offices."

04-02-2007

---

Adams & Reese LLP

Byrne Named Commissioner of National Conference of Commissioners on Uniform State Laws
"Senator Bradley Byrne (R-Baldwin), a partner with the Litigation Practice Group of Adams and Reese, has been appointed by Lt. Governor Jim Folsom, Jr. to serve a four-year term on the National Conference of Commissioners on Uniform State Laws (NCCUSL). Byrne is one of seven commissioners representing the State of Alabama.

NCCUSL is a national law group headquartered in Chicago comprised of more than 350 practicing attorneys, judges, law professors, legislators and other state officials from each state as well as the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. Its goal is to draft and promote enactment of uniform laws that are designed to solve problems common to all the states. U.S. President Woodrow Wilson, former U.S. Supreme Court Justice Louis Brandeis, former U.S. Supreme Court Chief Justice William H. Rehnquist and current U.S. Supreme Court Justice David Souter all served as uniform law commissioners. Since its inception in 1892, NCCUSL has promulgated more than 200 uniform acts including the Uniform Commercial Code, the Uniform Unclaimed Property Act, the Uniform Probate Code, the Uniform Partnership Act, Uniform Securities Act, the Uniform Child Custody Jurisdiction and Enforcement Act, and the Uniform Interstate Family Support Act.

Byrne was elected to the Alabama State Senate in 2002, and currently serves on the Judiciary Committee. He also serves on the Governing Council of the Alabama Law Institute. In 2006, Byrne was been named Senator of the Year by Alabama Rural Electric Association and Cooperatives (AREA). The award is given annually to a state senator for outstanding contributions to the more than 1 million members of the electric cooperatives in Alabama. Earlier that year, he was recognized by the Alabama Humane Federation for outstanding legislative efforts in animal welfare.

In his legal practice, Byrne has focused in the areas of business and employment litigation for more than 25 years. He also handles administrative matters with the National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC) and the Occupational Safety and Health Administration (OSHA). He has lectured to various business and bar meetings regarding these topic areas of his practice. Byrne is a member of the Labor and Employment Law and Business Litigation sections of the Alabama State Bar and the Employment Law section of the American Bar Association. A registered mediator with the Alabama State Bar, the U.S. District Court for the Southern District of Alabama, and the Circuit Court of Mobile County, he has mediated employment, property, and business disputes. In 1977, Byrne received his Bachelor of Arts degree magna cum laude from Duke University, and in 1980, earned his law degree from the University of Alabama School of Law. He is admitted to practice law in all Alabama State and Federal Courts, the U.S. Courts of Appeal for the Fifth and Eleventh circuits and the U.S. Supreme Court."

04-02-2007

---

Adams & Reese LLP

CityWorks Achieves Charity Status Thanks to Birmingham Attorney
"Ralph Clements, an associate with the Tax Team of Adams and Reese, has successfully convinced the Internal Revenue Service(IRS) to reverse its decision and grant the local nonprofit, CityWorks, certification as a charity exempt from income tax under section 501(c)(3) of the tax code. This had the effect of enabling the charity to continue its activities of renovating and selling homes in Fairfield, Ala., furthering the community in dire need of revitalization. Nonprofit organizations exempt under section 501(c)(3) of the tax code pay no income tax, and further can receive tax-deductible donations. Many such charities survive on individual and corporate tax-deductible donations, and could not survive if the donors’ ability to deduct their donations was taken away.

CityWorks opened in early 2006 in Fairfield, Ala., with the goal of saving the once middle-income suburb that had fallen prey to violent crimes, drug use, and overall impoverishment. The organization set out to buy dilapidated homes as they become available, renovate them, and then sell them to middle and lower-middle income owners. These owners would agree to be “Strategic Neighbors” through doing things such as participating in neighborhood watch programs or watching kids after school. CityWorks believes this program can arrest the cycle of economic decline in Fairfield, and begin to revitalize the city.
“CityWorks is the brain-child of concerned group of citizens who began thinking, ‘if we can save and renew one house at a time, then we can make Fairfield better and turn this city around,” said Clements.

Despite the charity’s good intentions, the IRS was not convinced. They believed that the organization was basically “flipping houses,” which would mean that for tax purposes CityWorks was a for-profit organization. Therefore, the IRS argued that it could not achieve tax-exempt status, could not receive tax-deductible contributions, and all previous donations would have been retroactively non-deductible.

“It would have killed the whole project,” Clements said.

Upon researching the various sources of federal tax law, and after a lengthy search, Clements found “Revenue Ruling 2006-27.” This administrative guidance from the IRS had been issued to help housing charities understand the rules for providing down-payment assistance to purchasers of homes. However, buried deep within the ruling was a hypothetical situation positing a charity doing almost exactly what CityWorks was doing. The ruling indicated that the hypothetical charity qualified for tax-exempt status.

Clements sent a position paper to the IRS agent involved. His letter, relying upon the Revenue Ruling, convinced the IRS agent to change his mind and award CityWorks nonprofit status.

“They are exempt from now until 2010 when they have to show the IRS that they have operated as they said they would,” said Clements. “Now that they are exempt, it is much easier to get donors to give money, as the donors know for certain that it will be tax deductible.”
Since opening in 2006, CityWorks has renovated and sold several houses in Fairifield, and hopes to increase their activities now that the tax-exempt qualification issue is behind them.

Birmingham Partner William Somerville brought the CityWorks case to Adams and Reese, and Clements began working on the case in October 2006 upon joining the firm. The services provided to the CityWorks by the Adams and Reese attorneys on a pro bono basis as part of the firm’s commitment to bettering its communities through pro bono service. In January 2007, the firm implemented a policy requiring its nearly 300 attorneys to perform a minimum of 10 pro bono hours per year, projecting close to 5,000 hours of pro bono work in 2007. To date, Clements has spent more than 50 hours on this case. "

04-02-2007

---

King & Spalding

Sixty-Nine King & Spalding Attorneys Named 2007 "Georgia Super Lawyers"
"King & Spalding, a leading international law firm, announced today that 69 of its Atlanta-based lawyers have been named to the ""Georgia Super Lawyers"" list published by Law & Politics and Atlanta Magazine.

The list identifies Georgia lawyers who have attained a high degree of peer recognition and professional achievement and is determined by an extensive poll of Georgia lawyers. Of the 69 King & Spalding lawyers ranked in their respective practice areas, six received special recognition based on their total points earned during the polling process. W. Ray Persons was named to the Georgia Super Lawyer's 'Top 10' list for a second consecutive year and was the subject of an article profiling his distinguished career. Michael J. Egan and John A. Wallace were among the 'Top 100' vote getters and Patricia T. Barmeyer, Sarah R. Borders and Chilton D. Varner qualified to the 'Top 50 Women' list.

The 69 King & Spalding lawyers named to the overall Georgia Super Lawyers list and their respective practice areas are:

* Carolyn Zander Alford - Banking
* Scott J. Arnold - Real Estate
* Anthony B. Askew - Intellectual Property Litigation
* Bruce W. Baber - Intellectual Property Litigation
* Eleanor F. Banister -Employee Benefits/ERISA
* Patricia T. Barmeyer - Environmental Litigation
* C. William Baxley - Mergers & Acquisitions
* Andrew T. Bayman - Personal Injury Defense: Products
* Herschel M. Bloom - Tax
* Sarah R. Borders - Bankruptcy & Creditor/ Debtor Rights
* Kevin J. Buster - Civil Litigation Defense
* John D. Capers, Jr. - Mergers & Acquisitions
* Jeffrey S. Cashdan - Antitrust Litigation
* Stephanie B. Casteel - Estate Planning & Probate
* William A. Clineburg, Jr. - Employment & Labor
* Albert H. Conrad, Jr. - Banking
* Stephen S. Cowen - Criminal Defense: White Collar
* Dwight J. Davis - Class Action/Mass Torts
* Benjamin F. Easterlin - Business Litigation
* Michael J. Egan - Mergers & Acquisitions
* Suzanne C. Feese - Tax
* Paul K. Ferdinands - Bankruptcy & Creditor/ Debtor Rights
* William B. Fryer - Real Estate
* Peter J. Genz - Tax
* Timothy J. Goodwin - Real Estate
* Scott A. Greer - Construction/ Surety
* John W. Harbin - Business Litigation
* Holmes J. Hawkins, III - Intellectual Property
* Joseph B. Haynes - General Litigation
* Robert D. Hays, Jr. - Class Action/Mass Torts
* John W. Hinchey - Construction/ Surety
* William E. Hoffmann, Jr. - General Litigation
* William A. Holby - Bonds/ Government Finance
* Philip E. Holladay, Jr. - Personal Injury Defense: Products
* Michael W. Johnston - Employment Litigation: Defense
* Daniel J. King - Business Litigation
* Donald S. Kohla - Employee Benefits/ ERISA
* Nolan C. Leake - Class Action/ Mass Torts
* Ralph B. Levy - Business Litigation
* Hector E. Llorens, Jr. - Banking
* James H. Lokey, Jr. - Tax
* Joseph L. Loveland, Jr. - Business Litigation
* Mark M. Maloney - Bankruptcy & Creditor/ Debtor Rights
* Samuel M. Matchett - Employment & Labor
* Dan S. McDevitt - Securities Litigation
* Letitia A. McDonald - Business Litigation
* Paul B. Murphy - Criminal Defense: White Collar
* James A. Pardo, Jr. - Bankruptcy & Creditor/ Debtor Rights
* W. Ray Persons - Civil Litigation Defense
* W. Scott Petty - Intellectual Property
* Alan J. Prince - Securities & Corporate Finance
* Glen A. Reed - Health Care
* Russell B. Richards - Mergers & Acquisitions
* Michael E. Ross - Employment & Labor
* Michael C. Russ - Business Litigation
* Richard A. Schneider - Class Action/ Mass Torts
* Lynn S. Scott - Securities & Corporate Finance
* Richard L. Shackelford - Health Care
* Bradley A. Slutsky - Intellectual Property Litigation
* Gordon A. Smith - Class Action/ Mass Torts
* Michael R. Smith - Securities Litigation
* James D. Spratt, Jr. - Estate Planning & Probate
* Jeffrey M. Stein - Securities & Corporate Finance
* Mason W. Stephenson - Real Estate
* M. Robert Thornton - Securities Litigation
* Charles H. Tisdale, Jr. - Environmental
* Chilton D. Varner - Class Actions/ Mass Torts
* John A. Wallace - Estate Planning & Probate
* Robert G. Woodward - Tax

The Super Lawyers selection process began in 2006 with a survey that was sent to more than 23,000 attorneys in Georgia. Attorneys were asked to vote for the best lawyers they had personally observed in action. Each lawyer was given a score based on the number of votes received and the source of those votes (votes of lawyers from other firms carry more weight than those from lawyers in the same firm). The Super Lawyers research team evaluated the credentials of the nominees and ensured that each lawyer was in good standing with the State Bar of Georgia.

A blue-ribbon review panel consisting of top Georgia lawyers was assembled in each area of practice. These lawyers also reviewed and scored the list of nominees in their practice areas. The top point-getters were selected as Super Lawyers, the top 5 percent of licensed attorneys in the state.
"

04-02-2007

---

Kenyon & Kenyon, LLP

Texas District Court Dismisses Patent Claims Against Sony Electronics Inc.
"Kenyon & Kenyon LLP successfully represented Sony Electronics Inc. in the U.S. District Court for the Western District of Texas, dismissing the patent claims by Wireless Agents, LLC against our client with prejudice. While other defendants still remain in the case or paid to settle the case, our dismissal was granted without any payment to plaintiff. The technology involved in the case is related to handheld electronic communication devices.

Sony Electronics Inc. was represented by Kenyon & Kenyon partners Richard S. Gresalfi and Lewis V. Popovski, and associates Sheila Mortazavi, Michelle Y. Antis and Zaed M. Billah."

04-02-2007

---

25383 matches |  8072-8078 displayed

1  1151 1152 1153 1154 1155  3627