Law Firm News

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Law Firm News

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Drinker Biddle & Reath LLP

Dennis Terrell Comments on Bankruptcy Hot Topic – Preference Claims
Florham Park partner Dennis Terrell was quoted in the September 25 Bankruptcy Law360 on the current hot topic of preference claims, which are intended to keep a bankrupt company from preferring one creditor over another. Dennis is currently representing a defendant in the billion dollar preference claim brought by Enron Corp. in its bankruptcy case. Dennis commented that “vendors need to make sure that customers pay within specific payment terms. If a vendor sees that a customer is running into financial problems and is trying to alter payment terms, such as changing when it pays a vendor, it should raise a red flag, but a vendor may want to take the payment anyway. Of course, if a vendor receives a payment, it’s better to have that money today and fight a preference claim two years down the road.”

09-26-2007

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Curtis, Mallet-Prevost, Colt & Mosle, LLP

Major Victory for Firm’s Clients, Access Industries Inc. and its Principal, Len Blavatnik
Curtis achieved a major victory for its clients, Access Industries Inc. and its principal, Len Blavatnik, on September 24, 2007, when Judge Laura T. Swain of the Southern District of New York dismissed civil racketeering claims against them and thirty-three other defendants.

Plaintiff, a shareholder in a Russian oil company, asserted multiple RICO and Russian law claims against defendants, who included BP plc, its former chairman, Lord John Browne, and TNK-BP, Russia’s fourth largest oil company. Plaintiff contended that defendants engaged in a scheme to take over the Russian oil industry through a series of wrongful acts, allegedly committed mostly throughout Russia.

Defendants jointly moved to dismiss the claims on multiple bases, including the U.S. district court’s lack of subject matter jurisdiction over plaintiff’s claims.

In a twenty-page opinion, Judge Swain granted defendants’ motion on subject matter jurisdiction grounds without reaching defendants’ other arguments. The court explained that RICO’s extraterritorial application was limited and would only be applied when the complaint satisfied one of the tests for extraterritorial application. The court then found that the amended complaint failed to satisfy either of the so-called "conduct" or "effects" tests and that the court thus lacked subject matter jurisdiction. The court also denied plaintiff leave to file another amended complaint, finding that further amendment would be futile.

This is the second time that Curtis and co-defense counsel have successfully achieved a dismissal of this suit by the district court. Judge Swain previously dismissed it on forum non conveniens grounds, but that decision was reversed by the Second Circuit. Plaintiff then filed the amended complaint that was dismissed by Judge Swain on September 24, 2007.

The Curtis attorneys who worked on this matter were partner Turner P. Smith and associates Myles K. Bartley and Joshua L. Blosveren.

09-26-2007

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Curtis, Mallet-Prevost, Colt & Mosle, LLP

Bryan A. Elwood was Quoted in an Article Entitled, "Latin American Companies See Opportunities in China’s Safety Woes" Posted on LatinLawyer Online
Bryan A. Elwood was quoted in an article entitled, "Latin American Companies See Opportunities in China’s Safety Woes" posted on LatinLawyer Online, September 25, 2007. The article was in reference to the New York State Bar Association International Law and Practice Section conference in Peru where Mr. Elwood participated in a panel discussion on "Trade Issues Affecting Exports from Latin America."

09-26-2007

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Curtis, Mallet-Prevost, Colt & Mosle, LLP

Curtis Mexico associate Mauricio Foeth authored an article entitled, "Solución de controversias en materia de inversión extranjera: Capítulo XI" of NAFTA, published in Jurídica, the law review of the University Iberoamericana in Mexico City
Curtis Mexico associate Mauricio Foeth authored an article entitled, "Solución de controversias en materia de inversión extranjera: Capítulo XI" of NAFTA, published in Jurídica, the law review of the University Iberoamericana in Mexico City. The article explains the rights and protections for investors and investments in NAFTA countries as well as the different applicable ICSID and UNCITRAL rules and procedures as part of the resolution of investment disputes.

09-26-2007

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Cravath, Swaine & Moore, LLP

CRAVATH REPRESENTS SURINAME IN INTERNATIONAL BORDER ARBITRATION
Cravath represented the Republic of Suriname in an arbitration proceeding commenced by the Republic of Guyana pursuant to the 1982 United Nations Convention on the Law of the Sea arising from a dispute concerning the maritime boundary between Guyana and Suriname. The Tribunal decided that the boundary between the two countries in the historic territorial sea should be a line 10 degrees east of true north, a line sought by Suriname, rejecting Guyana's claim to a line that was 34 degrees east of true north. In the Exclusive Economic Zone (from 12 miles to 200 miles), the Tribunal decided that the boundary should be a strict unadjusted equidistance line, rejecting the claims of both parties to a different line. The Tribunal also confirmed Suriname's ownership of the Corentyne River and constructed the 10 degree boundary so as to give Suriname control over the mouth of the river. The Tribunal criticized both countries for their conduct over a drilling incident and in failing to reach a negotiated arrangement, but rejected Guyana's claim for $34 million in reparations. The lawyers involved in this matter are litigation partners Paul C. Saunders and Stephen S. Madsen and associate Rebecca R. Silber.

09-26-2007

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Clark Hill PLC

Clark Hill Attorney Douglas Kelly to Present at Road and Access Law Seminar November 12
Clark Hill attorney Douglas Kelly will present at the National Business Institute’s “Road and Access Law: Successfully Handling Disputes” seminar on November 12 in Southfield, Michigan. Kelly’s presentation, entitled “Preparing the Road and Access Case for Litigation,” will focus on competing interests, multiple interests, litigation tips and tactics, reduced or temporary access claims, and claims related to road funding.

More information, including instructions on how to register, can be found online at www.nbi.sems.com.

Douglas Kelly is a member in Clark Hill’s Litigation, Real Estate and Personal Services Practice Groups in the firm’s Birmingham office. Kelly has substantial experience representing businesses with breach of contract claims, trademark infringement, claims arising under the Uniform Commercial Code (UCC), construction litigation, franchise claims and appellate work. He also has substantial experience representing clients in a variety of real estate matters, including easement, zoning and land use, eminent domain, construction, mortgage foreclosures, environmental, drain law, landlord-tenant and title disputes. He also represents individual clients with probate and estate matters.

Kelly earned his B.B.A. from Eastern Michigan University and his J.D. from the University of Detroit Law School.

09-26-2007

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Clark Hill PLC

Clark Hill Attorney Michael Antovski Admitted to Leadership Oakland Class of LOXVIII
Clark Hill Attorney Michael Antovski has been admitted to Leadership Oakland’s class of LOXVIII.

Leadership Oakland was founded in 1990, and brings together developing leaders from civic, corporate and nonprofit backgrounds for a 9-month program in which local issues and opportunities are examined in an effort to shape tomorrow’s community.

Antovski is a Senior Attorney with Clark Hill’s Birmingham office, and focuses his practice in the Business Practice Group. Antovski concentrates his practice in the areas of tax planning, acquisitions and dispositions, and general corporate matters, and regularly advises clients on tax planning strategies involving corporations, limited liability companies, and partnerships.

He earned his B.A. from Michigan State University, his J.D. from the University of Detroit Mercy, and his L.L.M. from the Georgetown University Law Center.

09-26-2007

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