Law Firm News

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Law Firm News

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Morrison & Foerster, LLP

Morrison & Foerster Secures Ninth Circuit Win for City of Oakland in Free Speech Case
In an important ruling for government employers facing pressure by anti-gay organizations trying to promote their views in the workplace, the U.S. Court of Appeals for the Ninth Circuit has upheld a federal judge’s decision that the City of Oakland acted legally when it ordered the removal of a flyer posted by City employees espousing “natural family” values that could be considered hostile to gay and lesbian workers.

Law firm Morrison & Foerster LLP represented the City of Oakland, along with its former City Manager, and its head of economic development, who were both named defendants in the lawsuit, Good News Employee Association v. Hicks.

The suit stems from attempts by two City workers to form a “Good News” employee group in 2003 that advanced anti-gay, pro-“family values” views in the City workplace. As part of their campaign, the workers distributed flyers in City offices urging fellow employees to “preserve the integrity of the workplace with respect to the natural family, marriage and family values.” An openly lesbian city staffer felt threatened and harassed by the flyers and related actions taken by the two workers to voice their anti-gay sentiments.

Concerned about the inflammatory message behind the “Good News” campaign, Oakland City officials ordered the removal of the flyer articulating the group’s views. The Good News workers then filed suit, asserting that the City had violated their federal and state First Amendment rights to free speech, freedom of assembly, and freedom of religion. The workers also challenged Oakland’s broad anti-discrimination ordinance, claiming that the protections granted by the ordinance to gay and lesbian city workers are unconstitutional. In all, the workers pleaded ten different causes of action against the City and the two defendant officials, Robert Bobb and Joyce Hicks.

In the federal district court, Morrison & Foerster succeeded in dismissing nine of the plaintiffs’ ten counts, leaving only the First Amendment claim. The federal court upheld the constitutionality of Oakland’s anti-discrimination policy and granted complete summary judgment for the City, holding that the “Good News” flyer was not protected speech in the workplace.

In this week’s Ninth Circuit ruling, the three-judge panel said public agencies can indeed “curtail” certain kinds of speech in the workplace based on “legitimate administrative interests.” Any interference with an employee’s freedom of speech was outweighed by city officials' need to maintain “the efficient operation of their office,” the court said.

“The Ninth Circuit’s ruling has immense impact given the concerted effort of anti-gay activists to impose their discriminatory views in public workplaces around the country,” said Morrison & Foerster litigation partner Angela Padilla, who argued the case on behalf of the City of Oakland and Mr. Bobb and Ms. Hicks.

“Fortunately, the Ninth Circuit affirmed the right of the government when acting as employer to restrict discriminatory speech that disrupts the workplace.” Ms. Padilla noted that the City took no adverse action against the Good News workers, who were invited to resubmit a new flyer “subject to certain editorial constraints.”

“As the Ninth Circuit found, in taking down the flyer, City officials properly struck the proper balance between the free speech rights of the Good News members and the rights of gay and lesbian city workers to be free from harassment in the workplace,” she said.

In addition to Ms. Padilla, the City of Oakland was represented by Morrison & Foerster litigation associate David Melaugh.

03-07-2007

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Morrison & Foerster, LLP

Craig Etlin Honored with 2007 CLAY Award
Craig Etlin has been honored with a 2007 California Lawyer Attorney of the Year Award.

The CLAY Awards recognize attorneys around the state whose achievements have made a profound impact in 2006 or whose work from December 2005 to December 2006 is expected to have such an effect in the coming years.

Craig was recognized for his work representing the San Francisco Redevelopment Agency on the Westfield San Francisco Centre (Bloomingdales/Emporium) project.

03-07-2007

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McDermott Will & Emery

San Diego Office to Sponsor ACCA-San Diego Benefit
The San Diego office of McDermott Will & Emery is pleased to announce their support of the San Diego Chapter of the Association of Corporate Counsel's Sixth Annual Black & White Ball. The Ball, to be held Saturday, March 10, 2007, serves as a benefit for Kids Included Together (KIT).

KIT is non-profit organization founded in San Diego, California in 1997. The mission of KIT is to support recreational, child development and youth development programs that include children with and without disabilities. KIT's goals are to enrich the lives of all who participate and to increase understanding and acceptance of disabilities as a natural part of life. For more information, visit http://www.kitonline.org/.

Details of the event are as follows:

6th Annual Black & White Ball
Saturday, March 10, 2007
Manchester Grand Hyatt
One Market Place, San Diego

The Association of Corporate Counsel (ACCA) is the in-house bar association, serving the professional needs of attorneys who practice in the legal departments of corporations and other private sector organizations worldwide. The association promotes the common interests of its members, contributes to their continuing education, seeks to improve understanding of the role of in-house attorneys, and encourages advancements in standards of corporate legal practice. For more information visit http://www.acca.com/.

The lawyers in McDermott's San Diego office focus on intellectual property protection for life sciences and high tech companies, as well as corporate representation for emerging and established companies. In San Diego, McDermott provides a unique combination of technical and scientific knowledge with years of industry-specific legal work. The Firm's San Diego presence complements the already significant strength and depth of our well-established firm-wide international intellectual property and corporate practices.

03-07-2007

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Chadbourne & Parke LLP

Former New York Governor Pataki Joins Chadbourne
"George E. Pataki, the former Governor of New York, and his Chief of Staff, John P. Cahill, have joined the New York law firm of Chadbourne & Parke LLP as counsel in the Firm's New York office. Messrs. Pataki and Cahill plan to concentrate on energy, environmental and corporate matters.

""These are outstanding additions to our practice,"" said Chadbourne's Managing Partner, Charles K. O'Neill. ""As governor of New York, George Pataki led the state for 12 years with great insight, integrity and intelligence and he will put those same attributes to work in his new role. John Cahill brings a breadth of experience and a deep understanding of the public sector, particularly environmental issues. Their assets and knowledge will build upon Chadbourne's growing renewable energy practice.""

""I am thrilled to be joining Chadbourne,"" said Governor Pataki. ""This is one of the great New York firms, and I look forward to participating in its growth."" Added Mr. Cahill, ""I am proud to partner with Governor Pataki as we strive to further the great work Chadbourne is known for around the globe.""

The Governor will continue his involvement in renewable energy and environmental issues, which were hallmarks of his administration; renewables and infrastructure are two of Chadbourne's strengths and a key reason why the Governor was attracted to the Firm. His initiatives included the protection of over one million acres of open space, the adoption of the Regional Greenhouse Gas Initiative, the implementation of the nation's first green building tax credit, landmark brownfield legislation and programs to enhance the production and use of alternative energy like biodiesel, ethanol, fuel cells and clean coal.

Mr. Pataki, 61, served three terms as the 53rd governor of New York, from 1995 through 2006. First elected in 1994, he won re-election in 1998 and 2002. A native of Peekskill, New York, he graduated from Yale University and Columbia Law School, where he was an editor of the Law Review. Mr. Pataki was a partner in the New York law firm of Plunkett & Jaffe until 1987. He was elected Mayor of Peekskill in 1981, and served in the New York State Legislature as an assemblyman and then a senator from 1985 to 1994, before becoming governor.

Mr. Cahill, 48, served as Mr. Pataki's Secretary and Chief of Staff from 2002 through 2006. In May 2005, Mr. Cahill took on the additional role of leading and coordinating the rebuilding of the World Trade Center site and the recovery of Lower Manhattan. From 1995 to 2001, he was the general counsel and then commissioner of the state's Department of Environmental Conservation (DEC). Prior to joining DEC, Mr. Cahill was a partner in the law firm of Plunkett & Jaffe, where he focused on environmental and municipal issues. Mr. Cahill is a graduate of Fordham University and the Pace University School of Law."

03-07-2007

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Bracewell & Giuliani LLP

Kelly Frels Elected Chair of Texas Environmental Research Consortium
"Bracewell & Giuliani LLP senior partner Kelly Frels has agreed to serve as chair of the Texas Environmental Research Consortium (TERC). In his new role, Mr. Frels will work closely with the leading national air quality and atmospheric scientists and government officials on air quality research and modeling issues.

The goal of TERC is to gain a better understanding of the causes of air pollution and to develop solutions that policymakers can use to lower air emissions while preserving the vibrant economies of Houston, Dallas-Fort Worth and the state of Texas. The group also acts as a catalyst in the development of new technologies that can be deployed to lower air pollution."

03-07-2007

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Whiteford Taylor Preston LLP

WHITEFORD, TAYLOR & PRESTON NAMED A LEADING MARYLAND LAW FIRM
Baltimore – Based on a survey of its readers, Baltimore SmartCEO Magazine named Whiteford, Taylor & Preston LLP (WTP) one of Maryland’s Leading Law Firms. The survey asked readers of the business magazine to select the pre-eminent law firms in the state and to articulate the qualities they looked for in their legal counsel.

This recent selection is one of the many accolades already received by the firm and its partners. In 2006, WTP was named as an Employer of Distinction by the ARC of Baltimore and the Baltimore Business Journal and the Pro Bono Law Firm of the Year by the Fairfax County Bar Association. In the same year, WTP attorneys were listed in Woodward White’s Best Lawyers in America, Chambers and Partners America’s Leading Lawyers for Business, The Daily Record’s Maryland’s Top 100 Women, Baltimore SmartCEO’s Baltimore’s Legal Elite, Washington SmartCEO’s D.C.’s Legal Elite, The Washington Business Journal’s Top Washington Lawyers, Who’s Who Legal, and Law and Policy’s “Maryland’s Super Lawyers.

03-07-2007

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Whiteford Taylor Preston LLP

ROBERT S. COLLINS JOINS ANNE ARUNDEL TECH COUNCIL'S BOARD
Whiteford, Taylor & Preston LLP (WTP) is pleased to announce that the Anne Arundel Tech Council has appointed Robert S. Collins to its Board of Directors.

As a partner in the firm's Technology and Intellectual Property and Corporate sections, Collins advises privately held companies on a range of corporate governance and operational issues, including strategic business planning, intellectual property management, innovative financing options, and employee incentives. His practice focuses heavily on the representation of technology companies, counseling those companies on IP protection, complex licensing matters, marketing and distribution arrangements, joint development agreements and technology commercialization generally. Admitted to practice in the District of Columbia, Illinois, and Maryland, Collins is a member of the American Bar Association, the Maryland State Bar Association, Leadership Anne Arundel, the Greater Baltimore Tech Council, the Licensing Executive Society, and the Mid-Atlantic Venture Association. He received his J.D. with high honors in 1995 from George Washington University and his B.A. with honors in 1990 from Wesleyan University.

“Rob brings to our board a wealth of experience representing the tech industry, from startups to multinational corporations,” noted Mark Powell, AATC’s board president and CEO of the Sidus Group. “As we continue to bring together people from all areas of the tech community, he’s a great asset to have in our organization.

03-07-2007

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