Law Firm News

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Law Firm News

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Seyfarth Shaw LLP

Ken Sulzer Quoted in The National Law Journal
The article "A legal price for wage hikes" in the January 23 issue of The National Law Journal notes: "Many new state laws conflict with federal guidelines and mandate stricter record-keeping requirements for employers, which could provide plaintiffs greater ammunition to support wage and overtime actions. Workplace scenarios expected to wind up in litigation include: Employees who are labeled independent contractors and who then sue the employer, claiming that they were intentionally misclassified to avoid overtime and higher wages; Hourly employees who are named assistant managers and who then sue over the new job title, claiming that they were misclassified just to be exempt from overtime and higher wages; Employees who are asked to get a job done even if it means working off the clock, and who then sue for unpaid overtime-a scenario that's already clogging the courts. Kenneth D. Sulzer, an attorney in the Los Angeles office of Chicago's Seyfarth Shaw who represents management in labor and employment law and litigation, notes that minimum-wage increases can especially affect companies that rely heavily on workers on commission. "Companies that pay lots of employees on piece rates or commissions often run afoul when minimum-wage rates are changed, and [this] leads to class litigation," Sulzer said. "Also many of these companies will just not be aware that they have to change these calculations until well after the new wage takes effect.

02-01-2007

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Piper Rudnick, L.L.P.

Bruce Mullins joins DLA Piper to expand its reach across the Gulf and Middle East
DLA Piper is pleased to announce that Bruce Mullins has been appointed as a partner. Bruce will initially work from Dubai until DLA Piper opens a new office in Oman; he will then take up the position of managing partner of the new office.

Bruce joins DLA Piper from Curtis, Mallet-Prevost, Colt & Mosle LLP where he was resident counsel and managing director of their Muscat office. Over the past 10 years Bruce has worked closely with all major ministries and officials of the Government of the Sultanate of Oman on various national and international deals. He has extensive contacts in Oman and has worked on privatisation and infrastructure development projects across several sectors, including ports, shipping, LNG, tourism and utilities such as electricity, water, environmental waste and telecommunications.

"Bruce's appointment is an important strategic development in our broad plans to serve the Middle East. Our Dubai office already acts as a hub to other Gulf countries and with Bruce's considerable experience of Oman and other regions we will have the working experience and area knowledge required to develop our services," said David Church, International Development Partner and Regional Managing Partner for the Middle East. "I am delighted to welcome Bruce and look forward to working with him in order to open our own office in Muscat at the earliest opportunity."

Earlier in his career Bruce was a sole practitioner in Hong Kong, where he attended school and lived for 30 years, specialising in a number of corporate and commercial matters including intellectual property, corporate and shareholder issues, litigation and civil law. He obtained his legal qualifications in 1980.

"I am delighted to take up the challenge of developing DLA Piper's practice in Oman," said Bruce Mullins. "It has impressive global credentials and with a broad international platform already in place this is an excellent opportunity to further serve Oman. The new office will be supported by a large, strong team of lawyers in the prime centres of London and New York, offices across Asia and a growing office in Dubai."

Bruce Mullins joined DLA Piper in January 2007. His appointment follows that of New York-based partner, Robert Gruendel, who joined DLA Piper US LLP as a partner from Curtis, Mallet-Prevost, Colt & Mosle LLP in September 2006. Both partners worked closely together in the past on energy, transportation and other infrastructure projects in Oman and other parts of the Middle East.

02-01-2007

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Morrison & Foerster, LLP

Morrison & Foerster Expands Private Equity and Capital Markets Practice in Hong Kong
Morrison & Foerster is pleased to announce that Marcia Ellis and J. Edward Li have joined the firm as partners in its Corporate Group in Hong Kong. The addition of Ms. Ellis and Mr. Li further expands and strengthens Morrison & Foerster’s burgeoning China private equity and capital markets practices.

“Marcia and Edward join Morrison & Foerster at an exciting time for our Asia practice. This year marks the 25th anniversary of the firm’s presence in Asia, and we are continuing to grow the practice and add new capability in Hong Kong and throughout China,” said Keith Wetmore, Chair of Morrison & Foerster. “They will be valuable additions to the firm and will strengthen our position as a leading corporate practice in Hong Kong and China.”

“We are delighted to welcome Marcia and Edward to our Hong Kong office and Asia team,” said Ven Tan, managing partner of the firm’s Hong Kong office. "Marcia is an important addition to Morrison & Foerster's already preeminent private equity practice with her noted work and extensive experience throughout Asia." Tan continued, "Edward brings invaluable capital markets experience with China-based companies and we are excited to expand our leading U.S. securities capabilities to meet growing demand for our services in this practice area."

Ms. Ellis has extensive experience advising clients with regard to cross-border complex M&A and private equity investments in China. She has particular expertise in telecommunications, media, and technology investments in Asia, and has assisted clients with investments in many other industries. The firm was recently ranked first by Chambers Global 2007 for private equity investments in China and Hong Kong, and the addition of Ms. Ellis will definitely provide additional momentum to the practice.

Mr. Li’s practice focuses on U.S. and international corporate and financial transactions, particularly public and private security offerings and private equity investments. He represented issuers and underwriters alike in a wide variety of security offerings, including U.S. and Hong Kong initial public offerings, debt offerings, and offerings of equity-linked securities by Chinese and other Asian companies.

“I am pleased to be joining Morrison & Foerster, and very excited about the tremendous opportunity to be part of the firm’s dramatic growth in the region and to join a team of first-rate attorneys who are committed to superior client service,” said Ellis. Ellis also cites the firm's multifaceted corporate practice in China as a reason for joining, “The firm's ability to handle a wide variety of corporate and securities transactions is a strategic capability that many other firms in the region lack. Morrison & Foerster is an obvious choice in this regard, allowing me to meet the ever-changing needs of my clients.”

“I am looking forward to joining the China practice team at Morrison & Foerster. The firm’s extensive international capital markets network and reputation throughout the Greater China region provides a strong platform from which I can rapidly grow my practice,” said Li.

Ms. Ellis joins the firm from Paul Weiss. She received her J.D. from Columbia University, where she was a Harlan Fiske Scholar and book review editor of the Columbia Law Review. She received her B.A. summa cum laude from Princeton University.

Mr. Li joins the firm from Cleary Gottlieb. He received a J.D., with distinction, from Stanford Law School and a Ph.D. in Economics from Stanford University. Mr. Li received his undergraduate degree from the University of Science and Technology of China.

02-01-2007

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Morgan Lewis & Bockius LLP

Thomas D’Ambrosio Joins Morgan Lewis: Adds to the Firm’s Derivatives Capability
Morgan, Lewis & Bockius LLP is pleased to announce that Thomas V. D’Ambrosio has joined the firm as a partner in the Business and Finance practice. Mr. D’Ambrosio practices primarily in the areas of derivatives and corporate securities.

“The addition of Tom to our New York team gives us another strong derivatives partner to our growing global finance practice,” said David Pollak, head of the firm’s Business and Finance Practice. “We’re particularly delighted to add a high caliber, young partner with a very strong reputation in the capital markets,” he continued.

Mr. D'Ambrosio regularly assists public and private companies, hedge funds, and financial institutions in connection with structuring and negotiating a wide range of derivative products, including equity, debt, credit, commodity, interest rate, and currency derivatives. He is particularly active in using derivatives to aid clients in hedging risks, monetizing assets, and acquiring and financing the acquisition of assets on favorable terms (both with and without the benefits of leverage), including the financing of equity and debt repurchase programs of issuers.

Mr. D’Ambrosio joins a practice that has had several high-level lateral additions in the past few months, including finance partners Jens-Deitrich Mitzlaff in Frankfurt, Michael J. Macaluso in New York, and Douglas M. Rutherford in Chicago.

Mr. D’Ambrosio is a 1991 graduate of Cornell Law School (cum laude) and a 1988 graduate of Amherst College (magna cum laude). He is admitted to practice in both New York and New Jersey and joins Morgan Lewis from Baker Botts LLP, where he practiced law for more than 13 years.

02-01-2007

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Morgan Lewis & Bockius LLP

Howard Beltzer Joins Morgan Lewis as Co-Chair of the Firmwide Restructuring Group
Morgan, Lewis & Bockius LLP is pleased to announce that Howard S. Beltzer has joined the firm as a partner and Co-Chair of the firmwide Restructuring Group. Mr. Beltzer's practice focuses on major Chapter 11 cases, including multinational bankruptcies, and out-of-court restructurings.

"We are fortunate to have Howard join us," said David Pollak, head of the firm's Business and Finance practice. "His diverse practice focuses on both the representation of institutional creditors, as well as the representation of debtors," he continued.

Richard Toder, Co-Chair of the Restructuring Group added, "Howard is a first-rate lawyer with great integrity. Many of the attorneys in our group have known and worked with him over the years, and we believe that he will work exceedingly well with our entire team and our clients."

Mr. Beltzer has been involved in many of the largest Chapter 11 cases and multinational bankruptcies and restructurings. He is currently representing CDR Creances S.A., a corporation owned by the French government, in the bankruptcy of Euro-American Lodging Corporation. He headed the team of bankruptcy attorneys in the representation of United Pan-Europe Communications N.V., a leading European cable and telecommunications company, in connection with its debt restructuring. Such restructuring was effected through concurrent U.S. Chapter 11 and Dutch moratorium proceedings, involving the complex interaction of common and civil law insolvency regimes. Mr. Beltzer has also represented major U.S. and foreign financial institutions in significant bankruptcy cases and restructurings.

On the counseling side, Mr. Beltzer has advised numerous lenders in connection with structuring transactions involving insolvency-related concerns. He has developed particular experience in regard to the evolution of derivative products, as well as issues arising under the Uniform Commercial Code.

Mr. Beltzer was most recently Co-Head of the Global Bankruptcy Group at White & Case and Head of its New York Banking Section. He is a graduate of Harvard University (B.A., 1979, magna cum laude) and of Yale Law School (J.D., 1982), and he has been recognized by Chambers USA and other legal publications as a leader in the bankruptcy field.

02-01-2007

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Jenner & Block LLP

Firm and the ACLU Advocate for Rights of Domestic Workers on Special Visas in Federal Court
In an amicus brief filed on behalf of several public interest organizations this week, Jenner & Block and the American Civil Liberties Union Women's Rights Project urged a federal court to hear the case of a domestic worker, Lucia Mabel Gonzalez Paredes, who was allegedly exploited by a foreign diplomat working in the United States. According to the authors of the brief, domestic workers employed by diplomats have long sought redress for abuses suffered at the hands of their employers. Diplomatic immunity has thwarted these efforts in the past. Jenner & Block and the ACLU urged the court to rule that such exploitation falls outside the scope of diplomatic immunity.

"The decision in this case will either keep the courthouse door open, or slam it closed to Ms. Gonzalez and countless other domestic workers severely abused by their diplomat employers," the brief asserts.

According to the brief, the U.S. Department of State mandates that diplomats sign employment contracts with their domestic workers guaranteeing fair conditions of employment, including minimum wages, eight-hour work days, and medical care. However, the brief contends, many diplomats "flout their contractual and legal obligations once they arrive in the United States by subjecting their domestic workers to excessively long hours, confinement, non-payment of wages, and egregious physical and psychological abuse."

At one end of the spectrum, victims like Ms. Gonzalez have suffered labor rights violations in the United States. But for some domestic workers employed by diplomats in the United States, the abuses rise to the level of human trafficking. The brief describes "pervasive abuse" suffered by many of the more than 2,200 domestic workers in the United States on special visas each year. According to the brief, domestic employees of diplomats frequently suffer "confiscation of their passports, enforced confinement in the home, deprivation of food and other necessities, denial of medical care, non-payment of wages, rape and sexual abuse, and beatings, threats and degrading treatment aimed at coercing domestic workers to labor against their will." In many cases, the brief states, these abuses rise to the level of human trafficking and slavery.

The defendant diplomats argue that the Vienna Convention on Diplomatic Relations provides them with immunity from prosecution and civil action in the U.S. Courts. However, the brief outlines several reasons why diplomats’ employment of a domestic worker "falls squarely within the [Convention’s] commercial activity exception to diplomatic immunity."

The brief argues that the domestic worker market in the United States, a multi-billion dollar industry, has a substantial impact on commerce and is recognized by the U.S. government for tax purposes as "commercial activity." Further, diplomats profit handsomely from the exploitation of domestic workers on special visas, and their activities should fall within the exception to immunity under the Vienna Convention.

Furthermore, the brief propounds that the matter should be interpreted in a manner consistent with U.S. and international law and policies, which fervently oppose human trafficking and abuse.

"These workers are legally entitled to the robust protections afforded workers under U.S. law and must have the ability to enforce their rights in U.S. Courts," the brief concludes.

Amici in this case included the ACLU, the Break the Chain Campaign, CASA of Maryland and Global Rights — Partners for Justice.

Jenner & Block Of Counsel Carol M. Wilhelm and Associates Martina E. Vandenberg and Anne E. Ralph authored the brief on behalf of the amici, supervised by Partner Steven B. Fabrizio, and with Co-Counsel Claudia Flores, Lenora Lapidus and Jennie Pasquarella of the ACLU — Women’s Rights Project.

The case is Gonzalez v. Nielsen in the U.S. District Court for the District of Columbia.

02-01-2007

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Jenner & Block LLP

Jenner & Block Represents Management Systems Designers Inc. in Sale to Lockheed Martin
Jenner & Block represented Management Systems Designers Incorporated (MSD), a leading provider of information technology and scientific solutions supporting government life science, national security, and other civil agency missions, in a sale of the company to Lockheed Martin Corporation. Terms of the transaction, which closed on February 1, were not disclosed. The acquisition was originally announced Dec. 21, 2006.

According to a company statement, the acquisition will enable Lockheed Martin to combine its systems engineering and integration capabilities with MSD’s health care and other domain credentials to develop enhanced solutions for an expanded customer set. MSD will be part of Lockheed’s Integrated Systems & Solutions Business Area.

Fairfax, Virginia-based MSD has over 600 employees and primarily develops solutions for the Federal government, including with civil agency customers such as the National Institutes of Health, where MSD has successful client relationships spanning more than twenty years. Other MSD customers include the Internal Revenue Service, Department of Homeland Security, Department of Defense and intelligence agencies.

Headquartered in Bethesda, Md., Lockheed Martin employs about 140,000 people worldwide and is principally engaged in the research, design, development, manufacture, integration and sustainment of advanced technology systems, products and services.

The Jenner & Block Team on this matter included Partners Les Lepow, John F. Cox, Christian E. Kimball, William L. Scogland, Carter H. Klein, Margaret J. Simpson and Steven R. Meier and Associates Bobby J. Hollis II, Mercedes M. Davis, Jessica Tillipman, Laura A. Sakulich, and Alexandra E. Weisfeld.

02-01-2007

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