Law Firm News

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Law Firm News

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Spilman Thomas & Battle, PLLC

HICKS JOINS SPILMAN THOMAS & BATTLE, PLLC
The law firm of Spilman Thomas & Battle, PLLC is pleased to announce the following attorney has joined the firm. Elliot G. Hicks is counsel in the firm's Charleston office. Hicks was previously with a large corporate firm in the area. His practice will focus on litigation – specifically products liability, premises liability, corporate and commercial litigation, insurance defense and medical malpractice defense.

Hicks attended Washington and Lee University and graduated from West Virginia University in 1978 with a B.A. in Political Science and received his J.D. in 1981. Hicks is extremely active in both professional and community organizations from past President of the West Virginia State Bar to former Vice Chairman of the West Virginia Higher Education Policy Commission. He was inducted as a Fellow of the West Virginia Bar Foundation in 2005.

As one of the region’s largest law firms, Spilman Thomas & Battle, PLLC offers a full -service legal practice. We have West Virginia offices in Charleston, Morgantown and Wheeling and in Winston-Salem, North Carolina and Pittsburgh, Pennsylvania.

01-26-2007

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Proskauer & Rose, LLP

Martha E. Gifford of Proskauer Rose Awarded New York State Bar Association Antitrust Law Section's Annual Award for Service
Ms. Gifford is an active member of the New York State Bar Association and is a past Chair of the Antitrust Law Section. She is also a former trial lawyer with the United States Department of Justice Antitrust Division.

"We applaud Meg on this prestigious and much-deserved award," said Lou Solomon, partner and co-Chair of Proskauer's Litigation and Dispute Resolution Department. "Meg is an exceptionally talented antitrust lawyer who is admired by her clients, peers and colleagues and is incredibly dedicated to working with the Bar Association. Not only has she helped solidify Proskauer's Antitrust Practice as a leader, but she advances the field as a whole."

In addition to co-chairing the firm's Antitrust Practice Group, Ms. Gifford is also a member of Proskauer's white collar criminal defense practice group. She has an extensive merger practice before the Antitrust Division and the FTC and regularly represents both corporations and individuals in Antitrust Division grand jury investigations, in addition to having an extensive antitrust counseling practice in which she advises numerous clients on issues of pricing, promotion, distribution, licensing and other business practices in which questions involving competition law might arise.

01-26-2007

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Piper Rudnick, L.L.P.

Vue to a £220m deal
Anita Weightman (Real Estate), Chris Bowes (Planning) and Paul O'Kane (Construction) at DLA Piper have advised Vue Entertainment on a deal which will see the company operate a 50,000 sq ft multiplex at The Rock scheme in Bury.

The site, owned by Thornfield Properties is a 740,000 sq ft mixed-use scheme in the centre of the town. It has already signed Debenhams and Vue becomes the leisure anchor.

Vue will operate a 10 screen cinema and relocate from its current out of town location at Park 66 in Pilsworth.

The leisure and residential element of The Rock contains eight restaurant units, bowling, a bingo hall operated by Gala, 200 flats and 1,000 parking spaces. The retail element includes 50 shop units covering 450,000 sq ft.

Construction on the scheme is about to begin, with completion scheduled for 2009.

"It's a pleasure to advise this national client on a local development, which will make a great difference to the leisure market in Bury," said Anita Weightman, a real estate partner and location head at DLA Piper's Manchester office.

01-26-2007

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Morrison & Foerster, LLP

Morrison & Foerster Expands Structured Products and Derivatives Practice
Morrison & Foerster has elected two new partners who will join its London office, effective March 2007. Peter Green and Jeremy Jennings-Mares, both from Freshfields Bruckhaus Deringer, will join the Capital Markets Group.

Peter Green became a partner at Freshfields in May 2000. Mr. Green has considerable experience with complex cross-border structured products and financings and advises on structured derivatives (including credit, equity, commodity and fund-linked securities). Mr. Green also acts for CDO lead managers and portfolio managers and advises on CPPI transactions, ABCP programmes and general derivatives matters. Leading UK legal directories Chambers, IFLR and Legal 500 acknowledge Mr. Green’s expertise, Chambers commenting particularly on his “vast experience of true sale and synthetic CDO and structured derivatives transactions.”

Jeremy Jennings-Mares became a partner at Freshfields in May 2001. Mr. Jennings-Mares, who has served in the Freshfields offices in London, Japan, Singapore and Thailand, has broad experience in derivatives, debt capital markets and structured finance transactions. Mr. Jennings-Mares advises on structured note issues, derivatives transactions (credit, fund and equity derivatives), fund linked CPPI note issues, and fund-linked repackagings. Mr. Jennings-Mares also advises in connection with tax-based structured products, as well as MTN programmes and other cross-border debt securities offerings.

James Tanenbaum, head of Morrison & Foerster’s Capital Markets Group commented, “The firm has selectively added capability in areas in which we are recognized market leaders. Our financial institutions clients would like to use Morrison & Foerster on both sides of the Atlantic. We are pleased to have Peter and Jeremy join us and help build a team of the same caliber as the group we’ve established in the U.S.”

Morrison & Foerster’s Chair Keith Wetmore commented that “Peter and Jeremy bring the expertise, market knowledge and qualities that our clients value. This is a significant step in our plan to deepen our capital markets capabilities in London.”

London Managing Partner, Julian Thurston said, “This is a great start to the year for the firm in London. We are thrilled that Peter and Jeremy decided to join us, and regard this as a very positive indication of the firm's growing influence in the UK market.”

Morrison & Foerster is a leading capital markets law firm, advising issuers, agents and underwriters in a broad range of private and public financings. The firm has over 200 capital markets lawyers worldwide and is consistently ranked as one of the most active securities firms in the United States and Asia, representing issuers and underwriters in hundreds of securities offerings raising over $30 billion each year.

In 2006, the firm won Structured Products magazine’s award for “Law firm of the year, North America,” in connection with which the magazine noted that “Perhaps more than any of its competitors, [the firm] displays real expertise in taking clients through the issuance process.” Morrison & Foerster’s capital markets and derivatives expertise also have been recognized by The Legal 500, Chambers & Partners Global and Chambers USA.

01-26-2007

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Leonard, Street and Deinard

Employment and Labor Law ALERT
While the releases that companies require departing employees to sign in exchange for severance are usually viewed as boilerplate, three recent developments suggest that you should review these documents to ensure that they still comply with applicable law.

First, the Equal Employment Opportunity Commission (EEOC) has been challenging agreements that appear to require employees to waive the right to file an administrative charge of discrimination. The EEOC has sued a number of companies, including at least two in Minnesota, for using releases with such language, arguing that these provisions constitute retaliation. We recommend that you review your standard release agreements to ensure, at a minimum, that they do not contain language suggesting that the employee may not file an administrative charge or participate in an EEOC investigation.

A related issue that has not yet been resolved is whether the release must also affirmatively state that the signing employee retains the right to file a charge. While many employers are understandably reluctant to include such language, the EEOC has required it in resolving complaints that it has brought. You may wish, therefore, to include language affirming that the employee retains the right to file a charge of discrimination with the EEOC, state or local administrative agency, even after signing the release.

The second development relates to whether the EEOC may seek additional compensatory damages on behalf of an employee who has already settled her claims with her employer. A federal judge in Illinois last month permitted the EEOC to seek monetary damages from an employer, even though the employee involved had already signed a settlement agreement with the same employer. The Court reached its conclusion based on dicta in the U.S. Supreme Court's 2002 decision in EEOC v. Waffle House, which suggested the EEOC might be free to pursue additional damages that were not "victim-specific." While it is too early to tell whether other courts will adopt this finding, employers should be aware of this possibility when evaluating their options.

Finally, there have been several recent court decisions holding that claims under the Family and Medical Leave Act (FMLA), like claims under the Fair Labor Standards Act, may not be waived by employees. While this issue has not yet been resolved by the U.S. Court of Appeals for the Eighth Circuit (which has jurisdiction over Minnesota and surrounding states), you should also be aware of this line of cases and consider removing any reference to the FMLA from your standard releases.

This is an evolving area of the law. We suggest that you consult with counsel before using old release language to ensure that it reflects recent developments. If you have questions about this topic, or other human resource-related issues, please do not hesitate to contact one of the attorneys in our Employment Practice Group.

01-26-2007

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Jorden Burt LLP

JORDEN Burt Alert: NAIC Issues Guidance on Risk-Focused Examinations
As reported in our Alert of October 3, 2006, the National Association of Insurance Commissioners ("NAIC") was proposing important changes to its Financial Condition Examiner's Handbook (the "Handbook") relating to a revised risk-focused examination approach. Those changes were recently adopted, and they have resulted in the NAIC receiving numerous requests from the insurance industry for information on the new examination approach.

01-26-2007

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Jenner & Block LLP

DeKoven Selected As International Fellow of American College of Bankruptcy
Jenner & Block Of Counsel Ronald DeKoven was recently selected to be an international fellow of the American College of Bankruptcy.

The American College of Bankruptcy is an honorary professional and educational association of bankruptcy and insolvency professionals. Invitations to join are extended to professionals with a record of achievement in the insolvency process who distinguish themselves in their practice and in their contribution to the insolvency field. The College now has approximately 650 Fellows, each selected by a Board of Regents from among recommendations of the Circuit Admissions Council in each federal judicial circuit and specially appointed Committees for Judicial and International Fellows.

According to the College, criteria for selection include: "the highest standard of professionalism, ethics, character, integrity, professional expertise and leadership in contributing to the enhancement of bankruptcy and insolvency processes; sustained evidence of scholarship, teaching, lecturing or writing on bankruptcy or insolvency; and commitment to elevate knowledge and understanding of the profession and public respect for the practice."

Mr. DeKoven, a member of the Firm’s Bankruptcy, Workout and Corporate Reorganization Practice, has more than 35 years of experience in commercial law and has played a significant role in several high profile cross-border insolvencies, including Federal-Mogul, TXU, Lloyd’s of London, Olympia and York, Barings, and BCCI. He is a recognized leader in several major international organizations including 3/4 South Square, which is instrumental in formulating industry policy, precedent and legislation.

Mr. DeKoven joins Jenner & Block Partners Daniel R. Murray, Ronald R. Peterson and Catherine L. Steege as fellows of this distinguished organization. He will be inducted into the College on March 23, 2007 at a ceremony in Washington, DC.

01-26-2007

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