Law Firm News

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Law Firm News

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Jackson Walker L.L.P.

Five Jackson Walker partners named "Best Lawyers in Dallas"
"Jackson Walker partners Chip Babcock, Bill Dahlstrom, Gary Fowler, William Hornberger, and Susan Mead were selected as ""Best Lawyers in Dallas"" for 2007 by D Magazine. The magazine's citywide search for the best attorneys was based on peer recommendations and resulted in a list of 239 elite lawyers. JW managing partner Mike Wilson said, ""Chip, Bill, Gary, Willie, and Susan are outstanding representatives of JW's commitment to excellence in providing the highest quality legal services.""

Charles L. ""Chip"" Babcock has developed a national litigation practice in his 28-year career at Jackson Walker. He has tried some of the most important cases of our times, including his representation of Oprah Winfrey in a suit brought against her by Texas Cattlemen and the recent successful defense of the Chicago Tribune in the Circuit Court of Cook County Illinois. Mr. Babcock has tried over 100 cases to a jury verdict and is a Fellow of both the American College of Trial Lawyers and the International Academy of Trial Lawyers. He is also a member of the American Law Institute and is a frequent lecturer and writer on trial practice issues as well as matters affecting Freedom of Speech.

William Dahlstrom is a partner in the Land Use and Real Estate sections of Jackson Walker. For more than 20 years, he has been advising and assisting clients on land use and development issues, including zoning, annexation, economic development, development agreements, transportation, conservation, master planned developments, and more. He is a member of the American Institute of Certified Planners (AICP) and sits on the board of the Connemara Nature Conservancy and numerous real estate associations. Mr. Dahlstrom has a degree in Urban Planning and Design, Design Architecture, and Art in addition to his law degree.

W. Gary Fowler counsels and defends clients in labor and employment matters and is an expert in employment contracts, non-competition covenants, preventative employment issues, and disability and discrimination lawsuits. He provides preventative services with employee handbooks, documentation, and in-house seminars, and he prepares and analyzes employment contracts and related documents to protect his clients' interests. Mr. Fowler tries cases and defends employers in federal and state courts and before all labor administrative tribunals. He has also been an Adjunct Professor at SMU's Dedman School of Law, teaching Disability Discrimination Law.

William H. Hornberger is a partner in the Tax section at Jackson Walker and an expert on transactional and international tax matters and tax controversy issues. In addition to his law degree, Mr. Hornberger has a Bachelor of Business Administration degree and a Master of Laws degree in Taxation. He is also a Certified Public Accountant and a member of the Texas Society of Certified Public Accountants (TSCPA). He is a frequent speaker and author on both domestic and international tax topics.

Susan Mead is a partner in the Land Use and Municipal Law section of Jackson Walker, representing clients in matters of zoning, planning, and entitlements law, including implementation of tax increment financing districts and other economic development incentives. Ms. Mead has been active in neighborhood preservation and redevelopment of cities for most of her career. The City of Dallas' Intown Housing Program and Downtown Tax Increment Financing Districts are products of her involvement. She is a member of the Urban Land Institute and the Real Estate Council and is an honorary member of the American Institute of Architects. In addition to her law degree, Ms. Mead holds a degree in Art and Art History."

03-14-2007

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Hunton & Williams, LLP

Hunton & Williams Selected for Singapore Government Panel of FTA Advisors
"Hunton & Williams LLP is pleased to announce that it was selected by the Government of Singapore to sit on its FTA (Free Trade Agreement) Panel of Advisors. The Panel was formed by International Enterprise Singapore, an agency under the Ministry of Trade & Industry that promotes the overseas growth of Singapore-based enterprises and international trade. The appointment to the FTA Panel of Advisors is on a biennial basis.

“Singapore is devoted to free trade and has signed 13 trade agreements,” said Edmund W. Sim, trade partner at Hunton & Williams, who will sit on the panel with Derek Loh, a Singapore associate and former Singapore government trade official. “As the level of awareness of FTAs grows, it is essential to have infrastructure such as this in place to help enterprises compete in today’s globalised economy.

The FTA Panel of Advisors will help Singapore-based enterprises understand how best to leverage FTAs for their businesses.” “The addition of Ed Sim and his team to the Singapore office has greatly expanded our ability to serve clients throughout the region,” said Edward B. Koehler, managing partner of the Hunton & Williams offices in Asia.

“We are very honored to have been selected to sit on this panel and assist Singapore- based companies in their international expansion."

03-14-2007

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Ross, Dixon & Bell, LLP

RDB Sets Precedent Protecting Subcontractor's Rights
In Kemp Bros. Construction, Inc. v. Titan Electric Corporation, et al., 146 Cal.App.4th 1474, 53 Cal.Rptr.3d 673 (2007) attorneys from Ross, Dixon & Bell, LLP successfully represented Titan Electric Corporation (“Titan”) in the appeal of a pre-trial writ of attachment. This decision is the first published decision in California regarding the interplay between Public Contract Code 4107 and breach of contract.

In 2003, Titan began work as a subcontractor on two public works projects for the Los Angeles Unified School District (LAUSD) where Kemp Bros. Construction, Inc. (“Kemp”) was the prime contractor. In April 2004, Kemp replaced Titan on both those projects with another electrical subcontractor without providing Titan with 48 hours’ notice, as required by the subcontract, and without prior consent of LAUSD, as Titan contends is required by Public Contract Code section 4107. Only after it physically replaced Titan did Kemp formally request permission to substitute Titan from LAUSD. Months after Titan was replaced and after both projects were substantially completed, LAUSD conducted an informal hearing and granted Kemp’s substitution request.

Kemp then filed suit against Titan in California Superior Court, Orange County, alleging that Titan had breached its contracts on the two public works projects. At the same time it filed its complaint, Kemp also sought a pre-trial writ of attachment against Titan on the grounds that Titan was collaterally estopped from re-litigating breach of contract issues because those issues were already decided in the informal hearing conducted by LAUSD under Public Contract Code section 4107. The Superior Court agreed with Kemp, and granted Kemp’s request for a right to attach order and writ against Titan.

Titan appealed the trial court’s ruling, contending that breach of contract issues were not decided in the LAUSD hearing and that an informal hearing before an engineer without legal training could not have collateral estoppel effect on Titan’s breach of contract claims or Kemp’s claims against Titan. The California Court of Appeals for the Fourth District, Division Three, agreed, ruling that breach of contract issues were not decided in the substitution hearing under Public Contract Code 4107, and collateral estoppel therefore does not bar Titan's breach of contract claims against Kemp in the Superior Court. The appellate court reasoned that collateral estoppel only applies in subsequent actions where the issues in question were identical to issues raised in the first action, were necessary to the resolution of the first dispute, and were actually decided in the previous action.

The appellate court concluded that the LAUSD officer did not consider or decide breach of contract claims. Nor did the hearing officer need to decide breach of contract issues to consent to substitution under the Public Contract Code. As Titan’s breach of contract issues were not necessary or actually decided, or identical to any issues decided in the substitution hearings, collateral estoppel could not apply to bar Titan from litigating breach of contract issues. The Court of Appeal reversed the trial court’s right to attach order against Titan.

03-14-2007

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Pillsbury Winthrop Shaw Pittman LLP

Sergio A. Pozzerle, A Leading Energy Attorney, Joins Pillsbury's Houston Office as Partner
Houston: Pillsbury Winthrop Shaw Pittman LLP today announced that Sergio A. Pozzerle, a leading energy project development and finance lawyer, has joined the firm’s Houston office as a partner in the Finance practice and Global Energy industry team.

Pozzerle, formerly a partner with Baker Botts LLP, provides clients with tailored knowledge in project development, project finance, corporate finance and mergers and acquisitions. He advises major U.S. and international power, oil, oilfield services and other clients in all aspects of constructing, acquiring, developing, financing, marketing and divesting power projects, LNG terminals, drilling rigs, seismic vessels, other oilfield services assets and other major projects, particularly in North America and Latin America.

Pozzerle brings to Pillsbury a leading-edge renewable energy practice. In recent years, he has represented developers in the purchase of more than 2,500 megawatts (MW) of wind turbines and purchasers and sellers in more than 1,500 MW of wind power sales and hedges.

“Pillsbury has worked in the energy sector for more than 100 years, going back to the origins of Chevron on the West Coast and the early days of public utility finance on the East Coast,” said Pozzerle. “I’m looking forward to drawing on the wealth of institutional experience in the firm’s New York, Washington DC and California offices in order to help my energy clients achieve their business objectives.”

Pozzerle holds a law degree from Yale Law School where he was Senior Editor of Yale Law Journal. He was named a “Texas Rising Star” by Texas Monthly and Law & Politics in 2004 and 2005. He is fluent in Spanish and proficient in Portuguese, Italian and French and is a frequent speaker at renewable energy conferences.

“Sergio is among the highest caliber of energy project attorneys and will be a key player in our commitment to bring deep industry knowledge and legal skills to our electric power, oil, gas and other energy clients,” said Pillsbury partner John Mauel, the Houston Finance section leader. “His extensive experience in all aspects of wind power project development and finance will certainly complement our growing practice in renewable and alternative energy projects.

03-14-2007

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Odin, Feldman & Pittleman PC

OF&P Attorney Shares About Executive Employment Agreements with SmartCEO magazine
Odin, Feldman & Pittleman attorney Misti Mukherjee shares about executive employment agreements in the March 2007 issue of Washington SmartCEO magazine.

03-14-2007

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Nixon Peabody LLP

Nixon Peabody Attorney Appointed to Legal Services Committee for State Association
Mr. Yarmel has been a member of NYAHSA for twelve years. The role of the Legal Services Committee is to monitor regulatory and other legal developments affecting NYAHSA member organizations, oversee existing NYAHSA litigation, make recommendations on potential involvement in litigation by NYAHSA and/or its members, and ensure that members are kept regularly apprised of all such developments.

At Nixon Peabody, Mr. Yarmel focuses his practice on regulatory matters, corporate compliance, and government investigations. He advises a broad range of health care providers on a number of matters including federal, state, and JCAHO surveys, audits and investigations, corporate compliance, residency accreditation, patient-related legal issues, guardianships, and many other medical/legal and regulatory issues. Mr. Yarmel has served with the United States Department of Health and Human Services Office of the General Counsel and Office of the Regional Attorneys, and has been employed by the New York State Department of Mental Hygiene Bureau of Special Projects Research and by the Hospital Association of New York State Division of Management and Planning Services. He is a frequent lecturer on medical/legal issues in the health care industry. In addition, he has been appointed to the New York State Bar Association’s Health Law Section as an initial member of its Special Committee on Long-Term Care, and is also a member of the Committee on Fraud, Abuse and Compliance, and the Committee on Ethical Issues in the Provision of Health Care. He is a graduate of the State University of New York at Buffalo, cum laude, and DePaul University College of Law.

03-14-2007

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Luce, Forward, Hamilton & Scripps, LLP

Luce Forward Team Obtains Favorable Ruling on Summary Judgment Motion Filed by Academy of Motion Picture Arts & Sciences
Luce Forward received a favorable ruling for its broadcaster client on a summary judgment motion filed by the Academy of Motion Picture Arts and Sciences (Academy). The claim filed by the Academy arose from the alleged broadcast on the RAI International channel of Italian speaking award programs that contained the word “oscar” in their titles.

Los Angeles Judge Audrey Collins questioned the Academy’s right to prevent a producer or broadcaster of Italian language programming in the United States from using the word oscar in a program title which is intended for Italians living abroad in the U.S., and noted that there is evidence that the word “oscar” is a common word for an award in the Italian language.

In her ruling, Judge Collins wrote, “[the broadcaster] has raised a significant issue of fact regarding the distinctiveness of Plaintiff’s OSCAR mark among viewers of RAI International. [The broadcaster’s] evidence reveals that RAI International is broadcasted in the Italian language and is aimed at Italians living abroad. [The broadcaster’s] evidence also suggests that the word “oscar” in Italian can be generic for an award.”

Judge Collins added, “If the viewers of RAI International perceive the word “oscar” as being a generic term for an award when used in the Italian language, then the Italian award programs using the word “oscar” may not even bring about a mental association with the Plaintiff’s OSCAR mark.”

“We believe Judge Collins’ decision is significant because it recognizes that words have different meanings in different languages, and that the use of a word in a foreign language that has become generic in such foreign language does not infringe a trademark in the English language where the viewers of such programming understand such word in its generic sense.,” said Luce Forward Partner Kathy A. Jorrie, who led the legal team representing the broadcaster defendant. “In other words, in our case, because ‘oscar’ means ‘award’ in the Italian language, it is not likely that an Italian viewer would confuse Italian titles such as ‘Oscar del Vino’ (which means the ‘Wine Award’ in Italian) or ‘La Kore – Oscar della Moda’ (which means the ‘La Kore Fashion Award’ in Italian) to have any connection with the Academy of Motion Pictures & Sciences simply because of the inclusion of the word ‘oscar’ in the titles of such foreign language programs.”

The legal team led by Jorrie included attorneys Jeffrey D. Wexler, Nichole S. Leeson, Wayne E. Beaudoin and legal secretary Irma Magana.

03-14-2007

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