Law Firm News

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Frost, Brown & Todd, L.L.C.

Robinson Appointed to Kentucky Economic Development Partnership Board
Governor Ernie Fletcher announced today that he has appointed Wm. T. “Bill” Robinson III to the Kentucky Economic Development Partnership Board. The Board, enacted by the General Assembly in 1992, directs the Commonwealth’s economic development efforts.

Robinson announced earlier this week that after 16 years with Greenebaum, Doll & McDonald that he was joining Frost Brown Todd, where he would Chair the Firm’s Strategic Planning and Expansion Committee. In that role, he will develop and implement a plan to expand the Firm’s presence in the region by growing current offices and expanding new offices in new geographic locations, including expansion of a Northern Kentucky location.

“I was very honored to receive the call from the Governor,” said Robinson. “It is an exciting opportunity which enables me to work even more intensely on the Commonwealth’s economic development efforts.”

Currently Treasurer of the American Bar Association, Robinson is also involved in several local, economic, professional and community organizations. He serves on the Policy Board and is Past Chair of the Cincinnati USA Partnership, is founding Board Member and Secretary/Treasurer of the Tri-County Economic Development Corporation, he is a founding Board Member of CincyTech USA and serves on the National Advisory Council of the Freedom Center and on the Stewardship Council of Vision 2015.

Bill is immediate Past Chair of the Cincinnati/Northern Kentucky International Airport Board, past President of the Kentucky Bar Association and the past Chair of the Kentucky Chamber of Commerce and the Northern Kentucky Chamber. In 2005, Robinson was named Northern Kentuckian of the Year.

03-12-2007

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Cravath, Swaine & Moore, LLP

CRAVATH HONORED BY THE INNOCENCE PROJECT
Cravath will be honored by the Innocence Project at its inaugural benefit, "A Celebration of Freedom & Justice", at Gotham Hall in New York City. The Innocence Project is a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent further injustice. Cravath will be honored for its support of the organization, including its work as the Innocence Project's corporate counsel and its assistance in establishing the Exoneree Emergency Fund. The event's other honorees include Janet Reno, former Attorney General of the United States; Showtime Networks and Matthew C. Blank, its Chairman and CEO; and Calvin C. Johnson, Jr., exonoree and author of Exit to Freedom.

03-12-2007

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Clark Hill PLC

Jeffrey J. Van Winkle to Lead Clark Hill PLC's Corporate Practice Group
Attorney Jeffrey J. Van Winkle has been named the leader of the Corporate Practice Group at Clark Hill PLC, firm CEO John Hern announced. Van Winkle is a member in the firm’s Grand Rapids office, and has been practicing law for approximately 20 years.

Van Winkle focuses his practice in the areas of business organization, commercial contracts and financing, and technology related legal issues. Van Winkle represents an extensive group of clients in service and manufacturing industries, technology businesses, real estate, and the entertainment industry.

As a counselor to corporate organizations, Van Winkle advises businesses through all stages of the business cycle. He effectively leads teams of individuals to apply all of the legal specialties necessary for any legal matter, enabling businesses to apply legal resources to solve their problems.

Prior to joining Clark Hill, Van Winkle practiced law for more than 18 years at two Western Michigan law firms. He has been an active member of the Grand Rapids community throughout his practice by serving in many leadership positions. He was a member of the Oakdale Christian School board and served as President and board member for the Land Conservancy of West Michigan. Currently, Van Winkle serves as Chairperson and board member of the Small Business Association of Michigan, and as Past Chairperson of Leadership Grand Rapids.

He is a member of the American Bar Association’s Business Law and Science & Technology Law Sections and serves as a member of the Small Business Committee and the Venture Capital and Private Equity Committee. He is also a member of the Business Law Section of the State Bar of Michigan.

In 2002, Van Winkle was recognized as the Small Business Advocate of the Year by the Small Business Association of Michigan.

Van Winkle earned his B.A. from Calvin College in 1982 and his J.D. from the University of Michigan Law School in 1987.

03-12-2007

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Brown & Brown

U.S. Attorney’s Report in Ricci Class Action Concludes Mentally Retarded Residents of Community Based Homes Run by DMR Contractors Face Increased Risk of Abuse and Neglect
March 7th at a hearing in U.S. District Court, Michael J. Sullivan, U.S. Attorney, District of Massachusetts, reported on the findings of his investigation of DMR’s transfers of mentally retarded individuals from the Fernald Developmental Center. Although Attorney Sullivan determined that the Department of Mental Retardation’s recent transfers of 49 Fernald residents complied with federal law, he noted “very concerning” trends in community residences operated by Contract Vendors.

These findings validate the concerns of the Wrentham Association for Retarded Citizens.
Given the reforms put in place under Judge Tauro in the 1970s and 1980s, many mentally
retarded citizens moved from facilities or “state schools” to community-based housing. The U.S. Attorney’s report is the first time a government official has found an increased risk of abuse in community-based housing operated by companies that contract with DMR to provide direct care services.

Specifically, Attorney Sullivan’s report noted: “Unfortunately, after reviewing data from he Disabled Persons Protection Commission, our office did note some very concerning neglect and abuse trends in Contract Vendor-operated community residences, as compared to the ICF/MRs- and State-operated community residences. These neglect and abuse trends, particularly sexual abuse, were of great concern to our office and shows that residents in our community homes are at a greater risk of being abused and/or neglected.”

Mr. Sullivan was appointed Monitor in the Fernald matter in February 2006 by The Honorable Judge Joseph L. Tauro, who has presided over quality of care lawsuits involving Prior results do not guarantee a similar outcome 2 Fernald and other Intermediate Care Facilities for the Mentally Retarded (“ICF/MRs”) for over thirty years.

According to Margaret M. Pinkham, legal counsel for the Wrentham Association for Retarded Citizens (the “Wrentham Class”), “We were gratified for the care and attention that U.S. Attorney Sullivan brought to the case in investigating the transfers of class members out of Fernald. However, we can’t lose sight of the fact that there are thousands of additional Class members at risk and much work remains to be done. The Monitor's findings validate our argument that Class members in the community are subject to staffing shortages, high turnover and less continuity of care, and higher risk of sexual and physical abuse. These conditions prevent every Class member and DMR client from reaching their fullest potential in activities of daily living and social interaction.”

Through the Brown Rudnick Center for the Public Interest, the law firm of Brown Rudnick has provided pro bono representation to the Wrentham Class in Ricci v. Okin, a class action that was filed in the 1970s against the Department of Mental Retardation (“DMR”) under 42 USC § 1983 alleging that the DMR failed to provide care and treatment that met minimal constitutional requirements. Margaret M. Pinkham and Daniel J. Brown are the lead attorneys.

03-12-2007

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The Law Firm Of Baker & Daniels LLP

United Way Honoring Baker & Daniels for "Breakthrough" Growth
Baker & Daniels LLP is being honored by the United Way of Central Indiana for achieving "Breakthrough" growth in giving over two successive campaigns.

The "Breakthrough" distinction goes to companies and organizations raising $30,000 or more or raising 30 percent more than the previous year. Baker & Daniels had a "Breakthrough Campaign" in both 2005 and 2006. The Indianapolis-based law firm also received a "Company that Cares" Award for the fourth straight year in 2006.

John Neighbours, a partner with Baker & Daniels, serves as chair of the Board of Directors for the United Way of Central Indiana, whose 2006 campaign raised more than $37.1 million. Leading companies will be recognized for their achievements during the organization's annual meeting March 15.

With more than 250 employees in two Indianapolis offices pledging contributions to the United Way of Central Indiana, Baker & Daniels increased its percentage of individual participation again this year. More than 50 employees qualified for the Key Club, which requires a gift of $1,000 or more.

Serving six Central Indiana counties, United Way of Central Indiana helps sustain vital human services by working exclusively with proven human service agencies that direct life-changing opportunities. The organization also assists in reducing the needs of future generations by helping ensure that kids enter school ready to learn and leave school ready to earn.

Baker & Daniels employees in the firm's Fort Wayne, South Bend and Elkhart offices also conduct United Way campaigns annually.

03-12-2007

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Department of Fair Employment and Housing

Arnold & Porter Adopts Green Office Policy
Arnold & Porter LLP announced today the adoption of a firmwide Green Office policy that focuses on resource conservation and sustainable business practices. The policy lays out a plan to reduce resource consumption internationally in all of Arnold & Porter’s offices, focusing initially on specific measures to address paper, energy and transportation.

As part of the initiative, Arnold & Porter has closely collaborated with members of the American Bar Association (ABA) Section of Environment, Energy, and Resources ("SEER") and officials at the U.S. Environmental Protection Agency (EPA) on the development of an Eco Challenge policy. The Eco Challenge is designed to encourage law firms to take simple, practical steps to become better environmental and energy stewards.

“We believe that implementing our own sustainability program is an important aspect of being a socially responsible law firm," said Arnold & Porter Chair Thomas Milch. "Many of our clients are taking affirmative steps to conserve energy and resources. We want to match those efforts with our own plan for waste reduction and energy conservation.”

Partner and head of the Green Office Initiative Project at Arnold & Porter, Jonathan Martel, noted, "We are proud to be engaged in this collective effort to promote environmental stewardship. We have worked hard with the ABA and the EPA to establish a sustainability model in the legal community. In the development of our own program, we also have collaborated with key organizations that seek to promote sustainable business practices, including the H. John Heinz Center for Science, Economics and the Environment and the Northwest Earth Institute."

The firm is further reducing paper consumption by using recycled paper for printing, copying, holiday cards and cleaning/bathroom paper products; converting internal distribution of reports, faxes, newsletters and bulletins from hard copy to electronic; and changing the default settings on printers to two-sided, so that half as much paper will be needed. Electronic distribution of internal documents alone will save the firm approximately 350,000 sheets of paper per year, which in turn reduces greenhouse gas emissions. In addition, the firm is reducing toner settings on all printers and currently recycles its used toner cartridges.

In the area of energy conservation, Arnold & Porter’s Washington, D.C. office is already "Energy Star" rated. Energy Star is a joint program of the EPA and the U.S. Department of Energy helping businesses and homeowners save money and protect the environment through energy efficient products and practices. Energy Star products in the Washington, D.C. office include such items as Compact Florescent Light bulb replacements, duplex printers and automatic "sleep" mode on printers and photocopy machines. The firm has committed to buy Energy Star office equipment whenever possible.

In the area of transportation, Arnold & Porter will purchase, at the firm’s expense, carbon offsets for firm-arranged business air travel, including travel on client business. This means that funds will go to greenhouse gas-reducing projects. Firm management already encourages employees to use environmentally sound methods of transportation and participate in the "Metrochek" program, a pre-tax transportation deduction for public transportation. In the firm's Washington, D.C. office -- and other offices where possible -- the firm will work with its building managers to provide air pumps in employee parking facilities, to ensure proper inflation of tires, which will improve both fuel economy and safety.

An integral part of the Green Office initiative at Arnold & Porter is an internal communication program. The firm will educate personnel about the steps they can take to conserve resources. Efforts will include firmwide notices, communications from management, and the integration of resource conservation material into the firm's training program. The firm will also continue our efforts to explore a range of additional options to promote resource conservation and environmental stewardship.

In addition to its Green Office initiative, Arnold & Porter has long represented environmental groups in a pro bono capacity in activities relating to recycling and waste reduction, and its attorneys are active writers and lecturers on global climate change issues. The firm has environmental expertise in its Washington, D.C., New York, Denver and Los Angeles offices.

03-12-2007

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Weil, Gotshal & Manges, LLP

Weil Gotshal Scores Important Victory For Resurgence Asset Management, LLC
Weil Gotshal & Manges LLP secured a major victory in a federal securities fraud litigation brought against Resurgence Asset Management, LLC, an affiliate of M.D. Sass Investors Services, Inc. The case arose out of a $130 million private placement of high-yield debt securities by furniture retailer Levitz Home Furnishings, Inc., of which Resurgence was the majority shareholder. Plaintiffs, purchasers of debt securities in the offering, alleged that Resurgence (and certain other defendants) made material misstatements and omissions concerning the financial condition of Levitz, which subsequently filed for Chapter 11 bankruptcy protection.

Weil Gotshal successfully moved to dismiss the action in its entirety and with prejudice, arguing that plaintiffs failed to plead fraud and scienter with the particularity required by the Private Securities Litigation Reform Act of 1995 and Federal Rule of Civil Procedure 9(b).

The Weil Gotshal team consisted of partners Joseph S. Allerhand and John A. Neuwirth and associates Bradley R. Aronstam and Michele C. Lamberti.

03-12-2007

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