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Teresa Helmick Joins Steptoe & Johnson PLLC
Teresa W. Helmick has joined the Business Department of Steptoe & Johnson PLLC practicing in the firm’s Charleston office Of Counsel. Helmick will focus her practice in the areas of commercial and mineral real estate, government affairs and election and campaign finance. She received her legal education from West Virginia University College of Law and her undergraduate degree from West Virginia University.

Helmick has served in several positions in state government, including positions with the Secretary of State, Bureau of Employment Programs, Department of Tax and Revenue and the Department of Transportation. While serving with the Secretary of State, she was instrumental in the implementation of the federal Help America Vote Act of 2002 in West Virginia, which mandated election reforms.

Steptoe & Johnson PLLC, a multi-practice law firm, has provided customized legal services to business, industry, and public entities in West Virginia and the region for nearly a century. With over 170 lawyers and a support staff of over 200, Steptoe & Johnson maintains six offices throughout West Virginia.

01-29-2007

Shipman & Goodwin to Sponsor “Inside Vietnam”
As part of the World Affairs Forum program, Shipman & Goodwin is proud to sponsor "Inside Vietnam," featuring Robert L. Schiffer, Vietnam expert and former Senior Advisor to the U.S. Ambassador to Vietnam. The event will take place on Wednesday, February 7, 2007, at the University of Connecticut Stamford Campus. The program begins at 6:15 p.m. with a reception followed by the presentation.

A communist country in name only, Vietnam is the new darling of investors looking for inexpensive labor. Following its admission into the World Trade Organization, Vietnam has become a close trading partner of the U.S. Schiffer, one of Washington’s leading experts on Vietnam commercial and political issues, will discuss these and other developments in U.S.-Vietnamese relations.

Schiffer is the Executive Vice President for the U.S. Vietnam Trade Council and is on the Board of the Vietnam Veterans of America Foundation. He served as Senior Advisor to the first post-war U. S. Ambassador to Vietnam, Pete Peterson, and developed new strategies to promote U.S.-Vietnam business and finance, labor standards, and international trade. Schiffer is credited for his pivotal role in the successful negotiations of the U.S.-Vietnam Bilateral Trade Agreement and the OPIC-Vietnam Bilateral Investment Agreement. He provides advice to corporate and non-profit clients in international trade, finance and project development as a Director in the KKRI Corporation, and travels frequently to Vietnam.

The event is free for members of the World Affairs Forum and $20 for non-members. Appropriate ID is required.

01-29-2007

Oppenheimer Implements Groundbreaking Leadership Structure: Appointing First Nonpracticing Female Attorney, Tonia Teasley Schulz, as Managing Partner and Naming David B. Potter as Chair
The Minnesota law firm of Oppenheimer Wolff & Donnelly LLP announces an innovative leadership structure that redefines traditional law firm management. Effective January 15, 2007, Oppenheimer divided the CEO responsibilities, previously held by Brad Keil, into two positions: Tonia Schulz as Managing Partner and David Potter as Policy Committee Chair. As Managing Partner, Schulz focuses full time on managing the firm—not practicing law.

Tonia Schulz is both the firm’s first nonpracticing lawyer and female to serve as Managing Partner. Focusing exclusively on leading all internal functions, Schulz manages the firm’s operations, attorneys and staff. “I chose a career in law firm management because of my passion for developing people, managing businesses and working in the legal industry, Schulz said. “I believe the combination of my experience as an employment attorney and background in law firm management allows me to support and enrich the excellent client service for which our attorneys and staff are known.” Schulz has served in various management capacities at Oppenheimer since 1999, most recently acting as Executive Director. Schulz will serve as Managing Partner with no set term allowing for continuity in management.

David Potter, a 25-year veteran in the firm’s Business Litigation Group serves as Chair, leading the firm’s externally-focused initiatives. Potter devotes a significant portion of his time focusing attention on the marketplace, identifying clients’ needs and establishing the firm’s strategic approach for meeting these needs as he continues to practice law. “I will serve a three-year term as Chair,” Potter explained. “This position demands high energy, new ideas and fresh perspectives. By limiting the Chair’s term, the firm can attract the strongest candidates to fill this unique role.”

“This change in management has been in the works for some time,” explained Brad Keil, Oppenheimer’s former CEO and Policy Committee Chair. Keil led the firm for the past six years and now returns full time to his employee benefits practice. “These changes allow us to better anticipate our clients’ evolving needs and deliver enhanced value. This tangible step forward focuses on our clients and the ever-changing business and legal landscape, which will both increase our usefulness to them and their advantage in the marketplace,” said Keil.

01-29-2007

MILES & STOCKBRIDGE PROMOTES THREE TO PRINICPALS OF FIRM
Miles & Stockbridge, P.C. is pleased to announce that Jason E. Balog, Nancy Whiteman Greene and Heidi A. Hansan of the firm’s Baltimore office have been promoted to principals.

As a member of the firm's Corporate and Securities practice group forthe past six years, Jason E. Balog has built a diverse corporate practice focusing on the representation ofclients in general business matters, commercial transactions and corporate mergers and acquisitions. He assists clients ranging fromstart-upsto Fortune 500 companies. Mr. Balog isalso a member of the firm's Life Sciences, Biotechnology and Pharmaceuticalpractice group with aparticular focus on the representation of clients in the pharmaceutical industry. He earned his law degree from the University of Baltimore School of Law and a Masters of Law from the Georgetown University Law Center. Mr. Balog resides in Phoenix, Maryland and will split his time between the Baltimore and BioPark offices.

Nancy Whiteman Greene is a member of the firm’s Real Estate practice group, where she has worked for approximately eight years. Ms. Greene represents local and regional developers in virtually all aspects of their business, with a particular emphasis on sale and acquisition transactions, leasing, secured financing and entity formation. She also represents national and regional lending institutions in real estate secured financing transactions. Ms. Greene earned her law degree from the University of Maryland and a Masters degree from St. Johns College. Ms. Greene resides in Severna Park, Maryland and works in the firm’s Baltimore office.

Heidi A. Hansan is a member of the firm's Transactional Finance practice group. Ms. Hansan concentrates her practice in the representation of banks, community development lenders, asset-based lenders and other financial institutions primarily in the areas of affordable housing and community development, real-estate finance, commercial finance, and bankruptcy and creditors' rights. She has represented lenders on a variety of commercial and real estate transactions including traditional real estate financings, tax credit financings, commercial loans and asset-based financings to borrowers located throughout the United States and also has experience in multi-national asset-based financings. Ms. Hansan has represented creditors in loan restructurings, workouts and foreclosure matters. Ms. Hansan earned a Masters degree and law degree from Emory University. She resides in Baltimore, Maryland and works in the firm’s Baltimore office.

01-29-2007

LP Welcomes Partner Stuart Kohn to the Asset Planning & Preservation Service Group
Levenfeld Pearlstein is pleased to announce the addition of Stuart J. Kohn as a partner in its Asset Planning & Preservation Service Group. He joins the firm after having spent the previous nine years at Levin & Schreder, Ltd. in Chicago.

“We are pleased to welcome Stuart to the Firm,” said Robert A. Romanoff, head of Levenfeld Pearlstein’s Asset Planning & Preservation Service Group. “His proven skill in all areas of estate, tax and asset protection planning brings added depth to our already first-rate group.”

Stuart concentrates his practice in estate, gift and income tax planning, and business succession planning matters. He also has significant experience in complex estate and trust administration matters. In addition, he works with clients to design and implement asset protection strategies.

Mr. Kohn is active in a number of legal organizations and currently serves as president of the Greater North Shore Estate & Financial Planning Council. In addition, he lectures on advanced estate planning topics for the Illinois Institute for Continuing Legal Education and National Business Institute.

In addition to his professional activities, Stuart is actively involved in a number of charitable organizations, including holding a leadership role with North Shore Congregation Israel in Glencoe.

Stuart received his B.B.A. from the University of Michigan and his J.D. from Loyola University Chicago School of Law.

01-29-2007

Richard Brockman named as one of the Birmingham Business Journal's Who's Who in Health Care.
Richard Brockman has been named as one of the Birmingham Business Journal's Who's Who in Health Care. He will be profiled in the February 9th issue.

01-29-2007

Haynes and Boone Appellate Team Prevails Before En Banc 5th Circuit in Arbitration Case
An en banc federal circuit court of appeals has ruled for New Century Mortgage Corporation in a case discouraging post-award litigation based on claims of arbitrator partiality by losing parties in arbitration.

The decision handed down Jan. 18 by the 5th U.S. Circuit Court of Appeals sets the standard by which arbitration awards can be vacated for evident partiality of an arbitrator in the 5th Circuit. Requiring a "significant compromising relationship" for vacating arbitration awards for evident partiality, the 5th Circuit is now aligned with of six of seven circuits that have adopted a more stringent requirement than an appearance of partiality. The en banc court decided, in addition, that the facts of the case did not even rise to an appearance of partiality.

In addition to New Century Mortgage, the appellants included New Century Financial Corporation, eConduit Corporation, The Anyloan Company and former employees Frank Nese and Jeff Lemieux.

“The decision reinforces the viability of arbitration as an effective alternative to litigation,” said Sharon Freytag of Haynes and Boone, one of three firm lawyers who handled the appeal. Ms. Freytag was joined by Robin Hartmann and Anne Johnson. Had the lower court’s ruling been affirmed, it would have encouraged post-award satellite litigation based on immaterial, non-economic and tenuous connections between an arbitrator and lawyers for a party.

“Just as happened here, losing parties would have an incentive to conduct intensive, after-the-fact investigations to discover the most trivial of relationships, most of which they likely would not have objected to if disclosure had been made,” wrote Judge Edith Jones, whose majority opinion was joined by 10 of 16 judges.

“New Century is pleased not only to have prevailed but to have achieved a legal decision that clarifies the law and provides greater certainty to litigants in future proceedings,” said Mark M. Malovos, Vice President, Litigation & Intellectual Property, New Century Mortgage Corporation. “We commend our outside counsel, specifically Sharon Freytag, for recognizing the need to petition for full court review and having the skill to argue for and achieve a reversal of the vacatur decision. Although well justified under these facts and the law, it is rare to achieve such a resounding en banc victory after a unanimous adverse panel decision.”

In the case, Positive Software Solutions, Inc. sued New Century and five other defendants for $38 billion in damages, alleging that New Century had infringed on copyrights for a software program, LoanForce. The dispute went to an arbitrator who did not disclose a 10-year-old co-counsel connection with a New Century attorney involved in an unrelated patent case.

The arbitrator ruled for New Century, ordering that Positive Software take nothing and that New Century recover over $1.5 million in attorneys’ fees and fraud damages. Susman Godfrey attorneys Barry Barnett, Ophelia Camina and Kenneth Gardner prevailed at arbitration on behalf of New Century. A U.S. District Court judge later granted Positive Software’s motion to vacate the award, ruling that the arbitrator’s lack of disclosure created an appearance of partiality. In January 2006, a panel of the 5th Circuit affirmed the lower court, prompting New Century Mortgage and the remaining defendants to petition the full court to hear the case. Haynes and Boone and Susman Godfrey represented the New Century parties while Peter Vogel and Cynthia Hollingsworth of Gardere Wynne represented defendants Frank Nese and Jeff Lemieux. The en banc court characterized the past, undisclosed co-counsel connection as trivial, not warranting the draconian remedy of vacating the award (vacatur in legal parlance).

The court remanded to the district court for consideration of Positive Software’s other objections to the arbitral award.

Haynes and Boone, LLP is an international corporate law firm with offices in Texas, New York, Washington, D.C., Mexico City and Moscow, providing a full spectrum of legal services. With more than 450 attorneys, Haynes and Boone is ranked among the largest law firms in the nation by The National Law Journal. The firm has been recognized by Vault.com as one of the "20 Best Law Firms to Work For," by Corporate Board Member Magazine as one of the “Best Corporate Law Firms in America,” and has received the Minority Corporate Counsel Association’s Thomas L. Sager Award for its commitment to diversity.

Gardere Wynne Sewell LLP is an international law firm with offices in Austin, Dallas, Houston and Mexico City. With nearly 300 attorneys, Gardere serves regional, national and international clients. For nearly 100 years Gardere has been regarded as a leading Texas law firm. From beginnings in Dallas in 1909, to Gardere & Wynne's merger with Houston's Sewell & Riggs in 1995, Gardere has expanded its services to meet client needs and to ensure stability and longevity.

01-29-2007

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