Law Firm News

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Law Firm News

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Seyfarth Shaw LLP

Corporate M&A and Securities Group Led by Blake Hornick and John J. Crowe Join Seyfarth Shaw in New York
Seyfarth Shaw LLP, one of America’s leading full service law firms, announced that Blake Hornick and John J. Crowe have joined the firm as Corporate and Finance partners in its New York office, bringing with them Michael T. Dunn and Gregory M. Sale as associates. The group of four attorneys were all formerly with Pryor Cashman Sherman & Flynn LLP.

Hornick and Crowe have worked together, along with Dunn and Sale, representing a variety of public and private companies and individuals in a broad scope of corporate transactional work. This group has extensive experience in representing publicly traded companies in a full range of securities law issues as well as M&A work for private equity and other clients. Hornick is an accomplished corporate transaction attorney specializing in complex mergers and acquisitions and securities work and has significant experience representing private equity groups and sponsors in portfolio investments and public companies on numerous legal matters. Crowe’s practice focuses on mergers and acquisitions, corporate finance, securities and general corporate and limited liability corporate counseling. Dunn’s primary focus is on securities law and includes public debt and equity financing transactions, corporate formation and governance and Sarbanes-Oxley compliance; Sale is skilled in general corporate matters and limited liability company formation.

Allan J. Reich, chair of the firm’s Corporate and Finance Practice, stated, “Blake and John’s extensive experience with general corporate and securities law matters are valuable assets that will further strengthen our practice. The group’s dedication to excellence will enhance the high level of services we offer our clients and assist in the continuing expansion of the overall practice. They are a welcome addition to our team of seasoned corporate attorneys.”

Seyfarth Shaw's corporate and finance attorneys possess the broad, in-depth experience necessary to serve a diverse client base, ranging from start-up ventures to middle market companies to large multinational corporations. The practice is focused in areas such as mergers and acquisitions, securities, investment management, corporate counseling, commercial transactions, financing, international business and tax planning.

“We welcome Blake, John, Michael, and Greg to Seyfarth Shaw,” said John P. Napoli, co-managing partner of the firm’s New York office. “Their skillful representation in corporate matters will help us expand the breadth of service we provide our diverse client base. They are great additions to the ongoing expansion of our corporate presence in New York where we have experienced substantial growth throughout the past year.”

Hornick received his B.A. from University of Pennsylvania and earned his J.D. from Boston College Law School (Order of the Coif) where he was also an Associate Editor of the Law Review. He is n associate member of The National Association of Real Estate Investment Trusts (NAREIT) and a member NAREIT’s Securities and Exchange (SEC) Subcommittee. Crowe received his B.A. from SUNY Albany and earned his J.D. from St. John’s University School of Law, where he was Associate Editor of the Law Review. Dunn has a B.A. from Georgetown University and earned his J.D. from St. John’s University School of Law; Sale holds a B.B.A. from Emory University and earned his J.D. from Columbia Law School.

“We are delighted to have the opportunity to join Seyfarth Shaw to increase the firm’s corporate practice in New York and to take advantage of its national platform and excellent reputation,” said Hornick. “We appreciate its entrepreneurial culture and cross-marketing approach to client service which is a solid foundation to further expand our work in New York and on a national basis; this is a “win-win” union for everyone.

01-22-2007

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Seyfarth Shaw LLP

Third Annual Workplace Class Action Report from Seyfarth Shaw of 2006 Collective Action Litigation Defines Trends
The third Annual Workplace Class Action Litigation Report by national law firm Seyfarth Shaw LLP examining leading class action and collective action decisions in 2006 involving workplace issues definitively notes that the leading trends that defined 2006 will continue in 2007: federal and state courts faced a myriad of new theories and defenses in ruling on class action and collective action litigation issues, employment class action and collective action litigation has become more sophisticated and will remain a source of significant financial exposure to employers well into the future.

The Seyfarth Shaw report is the only national report in existence analyzing workplace class action rulings. It is organized on a circuit-by-circuit and state-by-state basis of class action and collective action rulings involving claims brought against employers in all fifty state court systems, including decisions pertaining to employment discrimination laws, wage & hour laws, and Employee Retirement Income Security Act (ERISA) actions. The key class action settlements are analyzed both in terms of gross settlement dollars in private plaintiff and government-initiated lawsuits as well as injunctive relief provisions in consent decrees. In total, the report analyzes 407 rulings issued over the past 12 months. As an additional benefit, this year's report also includes important federal and state court rulings in non-workplace cases which are significant in their impact on the defense of workplace class action litigation. As in past years, Seyfarth Shaw analyzes the impact of the Class Action Fairness Act (CAFA) of 2005 on workplace litigation, and its effects on litigation strategy and the structuring of class actions filed against employers.

"This report, which has become an expected resource of analysis from Seyfarth Shaw, is a guide for corporate counsel to navigate through the increasingly litigious environment of workplace law," stated Gerald L. Maatman, Jr., general editor of the report and co-chair, Complex Discrimination Litigation Practice Group of Seyfarth Shaw. "It is a useful and comprehensive guide for corporate decision-makers to understand and apprehend the key trends and leading rulings of the past year to strategically plan ahead." The report, authored by Seyfarth Shaw’s employment attorneys, underscores and highlights the strategies of the private plaintiffs’ bar and government enforcement attorneys in their pursuit of class action and collective action litigation against employers. Maatman noted, "While shareholder and securities class action filings decreased dramatically in 2006, employment-related class action filings increased significantly. Anecdotally, surveys of corporate counsel confirmed that workplace litigation – and especially class action and multiple-plaintiff lawsuits – is the chief exposure driving corporate legal budget expenditures. The need to presciently identify, address, and remediate class action exposure must remain at or near the top of every corporate counsel’s priority list for 2007."

Conveniently organized, the report is divided into chapters that highlight the year in review ; significant federal employment discrimination class actions and Equal Employment Opportunity Commission (EEOC) pattern or practice rulings; significant class action and collective action rulings under the Age Discrimination in Employment Act (ADEA), the Fair Labor Standards Act (FLSA), the Employee Retirement Income Security Act (ERISA) of 1974; and a host of other federal statutes applicable to workplace issues.

"It is a fact of the modern American workplace that class action and collective action litigation is very attractive to the plaintiffs’ bar," stated J. Stephen Poor, managing partner of Seyfarth Shaw. "The stakes in such litigation can be extremely significant, as the financial and operational impact of such cases are enormous. Consistently, we are seeing that workplace class actions can adversely affect the market share of a major corporation and can prejudice its reputation in the marketplace."

Highlights of this year's report include:

* If trials of class actions were rare, settlements of class actions in 2006 reflected a continuing trend from past years where significant monetary payments were made in mega-class actions. Settlements in FLSA collective actions and ERISA class action outpaced employment discrimination class action settlements in terms of overall settlement values. Of particular note were a series of ERISA settlements stemming from the meltdown of Enron.
* FLSA collective action litigation increased again in 2006 and far outpaced employment discrimination class action filings. While plaintiffs continued to achieve certification of wage & hour claims, employers also secured several significant victories in defeating conditional certification and obtaining decertification of § 216 (b) collective actions. Of particular significance were a series of FLSA collective actions in the financial services industry. Big impact FLSA collective actions are expected to continue this trend in 2007.
* There were no class action rulings in 2006 quite like the certification order in Dukes, et al. v. Wal-Mart Stores, Inc., which certified a Title VII gender discrimination claim challenging pay and promotions involving 1.5 million class members. The U.S. Court of Appeals for the Ninth Circuit heard argument on the appeal of the Dukes certification order on August 8, 2005. Many expected a ruling in 2006, but none came. The Ninth Circuit’s future ruling in Dukes – and further appellate proceedings thereafter – likely will be one of the top class action developments in 2007 and beyond. At the same time, the certification order in Dukes, et al. v. Wal-Mart Stores, Inc. impacted many class action developments in 2006. The plaintiffs’ bar increasingly used the theories in the Dukes case to seek certification of "punitive damages" only classes under Rule 23(b)(2), as well as pressing for certification of mega-classes involving pay and promotion claims of employees in multiple facilities on a nationwide basis. Employers fought these theories with good success, as 2006 witnessed may pro-employer victories in class certification battles.
* The U.S. Equal Employment Opportunity Commission became increasingly activist on the litigation front in 2006. The Commission announced a new strategic enforcement and litigation plan in April of 2006; that plan centers on systemic discrimination cases with broad impact and affecting large numbers of workers, such that prosecution of pattern or practice lawsuits is now an agency-wide priority. As a result, the EEOC is focusing its investigations and resources on systemic discrimination issues, and institution of EEOC pattern or practice lawsuits increased dramatically in 2006. Employers are likely to face even more such claims in 2007.
* Congressional enactment of the Class Action Fairness Act of 2005 was a significant development for employers facing class action litigation. The CAFA was intended to address the abuses of state court judges certifying class action lawsuits involving plaintiffs from numerous states in jurisdictions with a reputation for a lack of fairness toward out-of-state defendants. As a result, the CAFA allows defendants to remove what were formerly "non-diverse" state law-based class actions if one member of the class and one defendant are citizens of different states, the class involves more than 100 people, and the aggregate amount in controversy exceeds $5 million. The statute’s impact over the past year has been significant. More class actions are being filed in federal courts, and more intrastate class actions are being heard in federal courts through the removal mechanisms under the CAFA. Because the law’s provisions are designed to prevent plaintiffs’ counsel from keeping class actions in state court that are more appropriately litigated in federal court, the CAFA forecloses the pleading tactic of requesting damages of less than $75,000 per class member (i.e., the jurisdictional limit for a federal court to hear a claim involving plaintiffs and defendants of different states) to stymie a defendant from removing the lawsuit to federal court. Over the last year, employers repeatedly and successfully invoked the statute to effectuate the removal of class actions filed in state court to federal court. In turn, federal courts issued a myriad of rulings on novel issues arising under the CAFA.

01-22-2007

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Nelson Mullins Riley & Scarborough LLP

Gift to Crisis Ministries Will Add Legal Project.
A gift of $25,000 will allow Charleston's Crisis Ministries to offer its homeless shelter residents permanent, full-time legal services primarily focused on stabilizing families with children and helping them become self-sufficient.

Nelson Mullins Riley & Scarborough LLP Partner George Cauthen presented the gift to Stacey Denaux, executive director of Crisis Ministries, Jan. 25 during a reception at the Nelson Mullins Charleston office, Liberty Center, Suite 600, 151 Meeting St. The funds will allow the Homeless Legal Clinic to be housed in the Crisis Ministries shelter and beginning in August will be staffed by an attorney. Nelson Mullins has been providing free legal services to Crisis Ministries since January 2006.

"The Crisis Ministries Homeless Justice Project will help homeless individuals and families by removing obstacles, both legal and social, that prevent them from becoming self-sufficient," said Richard Farrier, the Nelson Mullins managing partner in Charleston. "The Justice Project will provide direct civil legal services to homeless individuals and families, connect homeless clients (both adults and children) with needed social services, and serve as an advocate for the homeless population to promote positive policy changes to meet the needs of the homeless."

The project is expected to become a permanent service with an additional grant awarded by the U.S. Department of Housing and Urban Development. Crisis Ministries also is seeking additional community funding to support the project in future years.

The creation of the Crisis Ministries Homeless Justice Project will expand upon the already successful Homeless Legal Clinic, which began as a partnership between Crisis Ministries, the Charleston School of Law, and Nelson Mullins. The clinic matches practicing attorneys with law students for the purpose of assisting homeless clients in the resolution of civil legal matters.

"The number of homeless families seeking services at Crisis Ministries continues to increase each year," said Nelson Mullins Associate Stephanie Lewis, a co-founder of the legal clinic and a Crisis Ministries board member. "Through the Homeless Legal Clinic, women have had access to services to help with child support disputes; child custody disputes, both private and involving the S.C. Department of Social Services; Social Security disability benefits; and other litigation regarding benefits owed for dependents. Through the Justice Project, these types of legal issues could continue to be resolved so that women and families can get their lives reorganized and start their journey toward self-sufficiency."

Along with Ms. Lewis, Nelson Mullins attorneys Susan Quist and John McElwaine serve on the board of directors for the organization. Nelson Mullins attorney Marian Askins also works with the project. Also on Thursday, the S.C. Bar Association presented Ms. Lewis a South Carolina Bar Pro Bono Lawyer of the Year Award for her work with Crisis Ministries. It is the fifth pro bono award the Firm and its attorneys have received from the association.

The Justice Project would not only meet the legal needs of the homeless in the Charleston area, but it would also serve as a unique, first-of-its-kind program in South Carolina; one that over time could be expanded throughout the state and serve as a model for other communities, Ms. Lewis said.

"While there are programs in the community that serve indigent clients, providing services to homeless individuals presents a unique challenge. One of the characteristics of individuals who are homeless is their inability and/or lack of success at accessing mainstream services. The Justice Project would meet this challenge by meeting with clients at the shelter, in a culturally appropriate, non-intimidating setting," Ms. Lewis said.

Examples of the legal issues that the Justice Project will address include divorce, custody, child support, birth certificates/name changes, domestic violence, income maintenance including entitlement programs, school placement issues, improperly refused subsidized housing, negotiating landlord/tenant problems, documenting credit histories, researching criminal records, and expungements.

Since January 2006, more than 70 homeless individuals have received services through the Homeless Legal Clinic. Some examples of cases involving families from the Crisis Ministries Family Center include:


* MH who was at the Family Center with her teenage son. She was employed, but needed the assistance of the Legal Clinic to obtain back child support that would help her and her son to move into the community.
* SM, a young mother with five children, needed to
Nelson Mullins, established in 1897, has more than 380 attorneys practicing from offices in Atlanta, Boston, Charleston, Charlotte, Columbia, Greenville, Myrtle Beach, Raleigh, Washington and Winston-Salem. For more information on the Firm, go to www.nelsonmullins.com, or call (803) 255-9794 or (803) 255-9280.
get a divorce from her husband who was incarcerated. She also needed assistance getting an expungement that would allow her to get into public housing.
* NC, a deaf woman with four children, who through some poor choices had her children taken into custody by DSS. She used the Legal Clinic to represent her in the hearing with DSS to ensure that her rights as a parent were maintained and that a plan for the return of her children was developed.
* EC, who was at the Family Center with her children and the child of her 12-year-old daughter, used the services of the Legal Clinic to obtain child support from the father of her grandchild and to represent her in a landlord/tenant dispute.

01-22-2007

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Morrison & Foerster, LLP

American Lawyer Media’s Law Technology News Awards Morrison & Foerster LLP
Morrison & Foerster is pleased to announce that Oz Benamram, Morrison & Foerster’s Director of Knowledge Management, received ALM’s Law Technology News® Most Innovative Use of Technology by a Law Firm award for creating AnswerBase, the award-winning intelligent search system. This is the fourth annual Law Technology News Awards program, recognizing the best technology use – and users – in the legal profession. Benamram will be honored at the LTN Technology Awards dinner, at LegalTech® New York 2007 later this month.

Working with Recommind Inc.’s MindServer Legal search engine, the firm’s Knowledge Management Group developed AnswerBase to offer the firm’s attorneys and staff a powerful one-stop source for finding, understanding, and using the vast array of information needed to serve clients. AnswerBase leverages the firm’s data rich resources to enable Morrison & Foerster attorneys to pinpoint precedents for a particular transaction, identify attorneys with specific expertise, and access detailed client and matter information.

“Linking information from across numerous resources, AnswerBase allows our attorneys to develop contextual understanding of each document, person, and matter,” said Jo Haraf, the firm’s CIO. “Attorneys can search for documents, find topical materials related to a client’s inquiry, and quickly navigate to the most relevant information to address a client’s needs.

01-22-2007

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Morrison & Foerster, LLP

Morrison & Foerster Advises Skandia on $200m IT Outsourcing
A team of outsourcing lawyers in the London office of Morrison & Foerster represented Skandia UK, a leading independent provider of long-term savings solutions on a $200 million, multiservice, five-year contract with HCL Technologies.

Partner Jon Edgell, who led the transaction for Morrison & Foerster, having joined the firm in October 2006, commented, “This deal, and other recent deals that Morrison & Foerster has acted on such as the Somerfield and Pearl outsourcings, indicate the step change that has occurred in offshore outsourcing in 2006. On the client side, we see companies becoming increasingly comfortable with outsourcing IT infrastructure to predominately offshore based companies, while on the vendor side, Indian service providers are establishing a substantial onshore presence and taking on significant numbers of clients' staff onshore in the UK. This convergence of onshore and offshore marks a wider trend towards global delivery models.”

The Morrison & Foerster team on the Skandia deal included Susan McLean and Jonathan Lea who joined the firm with Mr. Edgell. Lynn Stewart also provided support on the transaction.

As part of the deal, Skandia UK will outsource application optimisation, including development, maintenance and support (across all platforms) and remote infrastructure management to HCL. Skandia UK will retain all customer-facing activities.

01-22-2007

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Morgan Lewis & Bockius LLP

Jens-Dietrich Mitzlaff Joins Morgan Lewis
Morgan, Lewis & Bockius LLP is pleased to announce that Jens-Dietrich Mitzlaff has joined the firm as a partner in the Frankfurt office. Dr. Mitzlaff focuses on corporate finance, banking transactions, syndicated loans, derivatives, and acquisition finance, as well as a broad range of capital markets matters.

"Jens is an integral and exciting addition to our strong and growing global finance practice," said David Pollak, head of the firm's Business & Finance Practice. "He'll work closely with our existing finance capacity in Frankfurt, Paris, and in the U.S. where we recently added two structured finance partners, Douglas Rutherford and Michael Macaluso," he continued.

Dr. Mitzlaff received his legal education at the universities of Frankfurt am Main, Bayreuth and Passau. He has previously worked in the investment banking division of Goldman Sachs in London and more recently as a finance partner in the Frankfurt office of the law firm Freshfields Bruckhaus Deringer. Dr. Mitzlaff speaks German and English, and he is admitted to the German Bars.

01-22-2007

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McDermott Will & Emery

Rye City School District Wins Case of First Impression
McDermott Will & Emery client, Rye City School District, won a case of first impression related to real estates taxes in New York State Court. The case addressed the issue of whether a continuing care retirement community (CCRC) is exempt from real estate taxes. McDermott represented the Rye City School District as well as the interests of the other Rye City municipal respondents.

The genesis of the case occurred in 1891 when Miriam A. Osborn, a wealthy New Yorker, bequeathed money and property for the creation of a Memorial Home for indigent women. The Memorial Home opened in 1907 and its activities were overseen by John W. Sterling.

In the early 1990s, because of alleged financial reasons, the Memorial Home (now known as The Osborn) was converted into a state of the art CCRC providing an array of living accommodations and services to senior citizens who can afford to pay its entrance and monthly fees. As a consequence, the Rye City Assessor determined that the conversion resulted in a fundamental change in use of The Osborn’s property and revoked The Osborn’s real estate tax exemption. As a result, The Osborn filed seven petitions for the tax years 1997 through 2003 that challenged the legality of the Rye City Assessor’s decision.

Justice Thomas A. Dickerson of the Supreme Court, Westchester County, issued a landmark decision upholding the Rye City Assessor’s decision. As determined by Justice Dickerson, as a result of The Osborn’s conversion to a CCRC, the provision of charity was no longer the principal or primary purpose of The Osborn. In the final phase of the case, yet to be decided, the judge will address the valuation of The Osborn property, and as a result the annual property taxes due to the city and the school district.

The McDermott New York trial team was led by partners Robert A. Weiner and Lisa A. Linsky with assistance from associate, Taina Rodriguez.

McDermott's Trial Department is well-known for providing clients with a unique blend of trial skills and substantive experience which can be effectively used in the many areas of law and business where disputes arise.

01-22-2007

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