Law Firm News

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Law Firm News

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Simpson, Thacher & Bartlett, LLP

Simpson Thacher Wins Summary Judgment For Royal & Sun Alliance USA In Multi-Year Coverage Dispute With General Motors
Judge McDonald of the Circuit Court for the County of Oakland, Michigan granted summary disposition to Royal & Sun Alliance USA, dismissing General Motors' insurance coverage action against Royal on statute of limitations grounds. GM had sought coverage for liabilities arising from thousands of asbestos and environmental liability claims, which, in its press statements, GM estimated at one billion dollars.

Commenced in January 2005, GM's lawsuit alleged that Royal owed GM "occurrence" coverage for GM's recent asbestos and environmental claims under general and product liability policies that Royal issued to GM prior to 1972. Key to the dispute was GM's and Royal's agreement in 1972 to convert their insurance program from occurrence-based coverage to claims-reported coverage. Royal contended that as a result of the 1972 change to claims-reported coverage, Royal and GM agreed to extinguish GM's occurrence coverage. Because GM elected not to renew its claims-reported coverage after 1993, Royal no longer owed any coverage to GM for its asbestos and environmental problems.

Instrumental to the Court's holding that GM slept on its alleged rights was the fact that Royal repeatedly told GM that its coverage was provided only on a claims-reported basis and administered all of GM's claims under the claims-reported coverage. Despite the fact that GM's own subsidiary insurance company, MIC, was responsible for up to 95% of the claims allocated to those claims-reported policies as a co-insurer with Royal, GM never challenged Royal's handling of GM's claims until the filing of the lawsuit. The Court also relied on GM's admissions in the 1980s both to personal injury plaintiffs in underlying asbestos cases and to the EPA that it did not have the very coverage it now sought. Accordingly, the Court found that "GM was not diligent in pursuing its asbestos and environmental claims… GM failed to act within the prescribed time period and thus its action is time barred."

The Firm's victory was a direct result of two years of team work and dedication by the Simpson Thacher team. The team took and defended over 100 fact and expert depositions, reviewed millions of pages of documents, and made numerous trips to Michigan for almost weekly hearings before Judge McDonald. The Simpson Thacher team included Partners Barry Ostrager, Mary Kay Vyskocil, and Mary Beth Forshaw, Senior Counsel David Elbaum and Associates Tyler Robinson, David LaRocca, Kyle Lonergan, Rob Pfister, Chris Lucht, Sarah Davis, Alex Key, Charles Kitcher, and Raj Parekh and Paralegals Doug Henderson, Joana DaSilva, and Kathryn Armstrong. Partners Chet Kronenberg and Lynn Neuner and Associates Charlton Rugg, Ann Marie Blaylock and Melissa Ganz and Paralegals Rosemarie Artale and Jennifer Ross also contributed to the team effort.

01-23-2007

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Seyfarth Shaw LLP

Labor & Employment Litigator Maria C. Rodriguez Joins Seyfarth Shaw in Los Angeles
Seyfarth Shaw LLP, one of America’s leading full service law firms, announced that Maria C. Rodriguez has joined the firm as a Labor and Employment partner in its Los Angeles office. Rodriguez was formerly a partner with Silver & Freedman.

Rodriguez litigates on behalf of employers in wage and hour class actions, WARN class actions, sexual harassment, wrongful termination, discrimination, breach of employment contract, unlawful business practices, non-solicitation, trade secrets, and other employment related cases. An undefeated trial lawyer, she has also successfully achieved difficult wins for her clients on summary judgment as well as obtaining low settlements in cases with challenging facts. Rodriguez represents and counsels employers in all areas of employment law, including state and federal wage and hour, discrimination and harassment matters, personnel issues such as coaching employees and documenting performance, non-discrimination and harassment, leaves of absence, privacy in the workplace and HIPAA. She defends employers in proceedings before the Department of Fair Employment and Housing, the Equal Opportunity Employment Commission, California Labor Commissioner, U.S. Department of Labor, and state and federal courts.

“Maria is a highly skilled employment litigator,” said Jeremy P. Sherman, chair of Seyfarth Shaw’s Labor and Employment Practice. “Her respected counsel to clients on complex workplace issues makes her a valued member of the practice and partnership.”

Seyfarth Shaw has one of the most widely known management labor and employment practices in the United States. With over 300 attorneys dedicated to labor and employment law, the firm offers a sophisticated level of experience and expertise on virtually any labor and employment issue arising in any U.S. or foreign jurisdiction. The firm’s national roster of labor and employment attorneys has deep knowledge in the full range of discrete labor and employment areas, including employment discrimination class actions, Employee Retirement Income Security Act (ERISA) disputes, wage and hour collection and class actions, workplace safety and health suits, California labor code class actions, traditional labor litigation and employee disloyalty suits, among others. The firm represents management at every level of National Labor Relations Board proceedings, from handling unfair labor practice charges before the NLRB regional offices to arguing cases before the Board in Washington.

“Maria’s outstanding reputation as a successful trial attorney with strong ties to the Los Angeles legal and business communities is an appreciated asset to the firm,” stated Kenwood C. Youmans, managing partner of Seyfarth Shaw’s Los Angeles office. “She will be an integral part of our team, and we are delighted to welcome her to Seyfarth Shaw.”

Rodriguez received her B.A. from University of California at Los Angeles and earned her J.D. from Loyola Law School in Los Angeles. She currently serves as co-chair of the Los Angeles Country Bar Associations, Labor and Employment Law Section Saturday Seminar Committee, sits on the Executive Committee of the Labor & Employment and the Benefit Committee for the Women's Sports Foundation, founded by Billie Jean King.

"I’m delighted to be joining Seyfarth Shaw specifically because of its reputation as a strong labor and employment firm," said Rodriguez. "I approach my practice with a philosophy of delivering practical results with a focus toward the challenges management faces and goals it seeks to accomplish. I came to Seyfarth Shaw because the firm's team culture, diverse client base and exceptional attention to client service complement my professional values.

01-23-2007

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Piper Rudnick, L.L.P.

Sheffield shows it's keen to be green as conference sparks environment week
In a major coup for the UK’s "greenest city", the Sheffield office of DLA Piper is bringing former US Vice President Al Gore as keynote speaker to its "Cooling The Planet" conference which will, for the first time, bring leaders of regional, national and international business together to address the major climate change challenges that threaten economic sustainability.

Nearly 1,000 delegates from around the world are expected in Sheffield on Wednesday 7 February 2007 for the groundbreaking event.

Sheffield will showcase its green credentials to coincide with a major global climate change conference in the city.

It seems the city has taken up the green mantle as a result of the conference and its high profile visitor by organising a host of public and private events to form a week of activity entitled: "Sheffield Is My Planet" between 5 - 9 February 2007.

The week includes tree planting, schools events, films, exhibitions, workshops, debates, book signings, seminars and interactive visits all designed to show off Sheffield's green schemes and initiatives.

Events are being staged by agencies including Sheffield City Council, The University of Sheffield, Sheffield First Environment Partnership, Yorkshire Forward, Renaissance South Yorkshire, Arup, South Yorkshire Passenger Transport Executive, Sheffield Hallam University, CBI, South Yorkshire Green Business Club and the British Trust Conservation Volunteers.

Environmental legal expert Teresa Hitchcock from DLA Piper, the brainchild behind the conference, said: "Climate change is rapidly becoming an issue on everyone's mind. We have pushed the button by organising the conference which will act as a high level strategic platform to raise the issue across the city, region and further afield and I am delighted to see such a hugely positive reaction from agencies across the city.

"Tackling climate change is possible for everyone and through the conference, and all the associated events, we hope to succeed in bringing together a range of organisations and their expertise. This highlights the fact that by tackling issues together we can join forces to make a difference.

01-23-2007

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Piper Rudnick, L.L.P.

Key carbon traders offer business expertise
DLA Piper's Sheffield office is to play host to delegates from the US, Russia, Denmark and other UK cities, for an event that will see key players in the global carbon trading market giving advice to local companies.

The event, to be staged on Thursday 8 February, the day after DLA Piper's Cooling the Planet conference, includes presentations on various aspects of the carbon trading market and will explain the significant business opportunities for companies investing in, or providing technology for, emission reduction projects.

Stephen Sly, office managing partner of the Sheffield office said: "I am delighted DLA Piper has secured such a prestigious line-up of speakers who are global authorities in carbon trading schemes. Emissions reduction is at the top of the political agenda and businesses have to respond. The experience of our climate change team in Sheffield is that the business community is responding to this challenge."

Up until now it has only been energy intensive companies that needed to comply with emissions trading, which being used as a key instrument by Governments in the drive to tackle climate change. However companies such as hotel chains, supermarkets, rail operators, universities and government department may in the near future be required to comply with a new emissions trading scheme being proposed by the Government called the Energy Performance Commitment.

The Government is proposing that the revenue raised by the Energy Performance Commitment be invested in emission reduction or renewable energy projects. If this is the case then funding may be available to invest in newly developing technology companies in the region. There are also opportunities for local technology providers to supply this sort of technology for projects in overseas countries under the Kyoto Protocol emission reduction projects.

Speakers at the event include Lone Hoegholt, formerly the head of the DLA Piper Moscow office and now a consultant with DLA Piper who is currently seconded to a carbon fund which is investing in projects in Russia and Uzbekistan. Lone will outline the legal and practical issues involved in investing in emission reduction projects in Russia.

Gareth Phillips, Chief Climate Change Officer of Sindicatum will present the types of technologies that are currently being used for emission reduction projects under the Kyoto Protocol while Nicola Steen, Senior Vice President of CO2e, will outline carbon offset products that are available in the US to offset companies' greenhouse gas emissions.

Liz Bossley, CEO of Consilience Energy Advisory Group Limites, author of "Climate Change and Emissions Trading: What every Business needs to Know" and trainer for ICE Futures will run a two hour carbon trading workshop in the afternoon.

Representatives from DLA Piper, Climate Change Projects Office, DEFRA, TFS Brokers, the European Climate Exchange ("ECX"), will also talk about subjects including the climate change regulatory regimes, the clean development mechanism market in China and carbon trading platforms.

01-23-2007

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Lewis and Roca LLP

Belanger Appointed to Board of Director's of Special Olympics Arizona
Lewis and Roca is pleased to announce that Jim Belanger, a Partner with the firm’s Phoenix office, has been appointed to the Board of Director’s for Special Olympics Arizona. Mr. Belanger has been involved with the Special Olympics for over twenty years and served as the State Director of Arizona Special Olympics Soccer from 1983-2000.

Belanger is the Chair of the firm’s Criminal Defense, Government Investigations, and Corporate Compliance Group. He has tried several complex criminal and civil matters including a multi-million dollar consumer fraud case. He has also resolved several state and federal criminal and regulatory investigations on behalf of corporations and their management, has conducted numerous internal investigations for public and private entities, and has extensive bankruptcy and commercial litigation experience. Mr. Belanger also advises clients on compliance and governance issues and represents lawyers in disciplinary proceedings before the State Bar of Arizona.

Belanger also teaches White Collar and Corporate Criminal Defense at the Sandra Day O’Connor College of Law at Arizona State University.

Belanger received his J.D. from the Arizona State University College of Law (1987) and his B.A. from Brandeis University (1981).

01-23-2007

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Lewis and Roca LLP

Steen Elected to Pima County Real Estate Research Council
Lewis and Roca is pleased to announce that Celeste M. Steen, a Partner with the firm’s Tucson office, has been elected to the Board of the Pima County Real Estate Research Council (PCRERC) effective January 1, 2007. PCRERC’s mission is to sponsor, promote, improve, engage in, and finance: the research and determination of the extent of growth of the Pima County economy as it relates to the housing, commercial building and/or real estate market; the measurement of real estate development in any or all of its phases; and the determination from time to time of the general conditions of the housing, commercial building and/or real estate market in terms of supply and demand components.

Steen is a member of the firm’s Business Section, with a primary concentration in real estate law. Her practice includes commercial leasing, land acquisition, and development. In 2004-2005 she was the Chair of the State Bar of Arizona’s Real Property Section, and currently is a member of Tucson Commercial Real Estate Women , Arizona Rock Products Association and the State Bar of Arizona’s Tucson Building Task Force.

Steen earned her J.D. from the University of Arizona, James E. Rogers College of Law (1996, summa cum laude), and her B.A. from the University of Arizona (1993, summa cum laude).

01-23-2007

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Jones Day, P.C.

Jones Day represents KUFPEC in $128 million acquisition
Jones Day London represented the state oil agency KUFPEC (Kuwait Foreign Petroleum Exploration Company KSC) on the $128 million acquisition of Mauritania Holdings BV from BG. The acquisition represents all of BG’s offshore upstream assets in Mauritania.

Peter Roberts, head of Jones Day's Oil and Gas practice led the deal with Mai Al-Matrook. Peter commented "We are very happy to have been able to help KUFPEC with this major acquisition in Mauritania, a country which has the potential to grow into a key petroleum producing economy."

KUFPEC is an international oil company engaged in the exploration, development and production of crude oil and natural gas outside of Kuwait. KUFPEC is active in Africa, the Middle East, Asia and Australia.

BG was represented by Linklaters.

01-23-2007

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