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Margolis & Edelstein

Three Recent Workers Compensation Victories by Philadelphia Partner Mashall A. Haislup, III
1. Petition to Review Utilization Review - Claimant had been receiving chiropractic treatment for several years following a 1995 work injury. Through cross examination of the chiropractor and claimant, it was established that the claimant was not receiving treatments to any of the areas of accepted injury. Defendant’s evidence included the UR peer report which otherwise found the treatments to be not reasonable or necessary, as well as Bureau documentation and prior decisions which established the accepted injuries in this case. The WCJ found the treatment to be unreasonable and unnecessary in denial of the claimant's Petition.

2. Petition to Terminate - Claimant’s accepted 1997 work injury was that of a left lower leg contusion. A few months after the injury, it was thought that claimant had a foot drop, but that was ruled out a few months later. However, while that diagnosis was being considered, claimant was prescribed a Mafo brace for the suspected foot drop. Claimant continued to wear this brace on his foot and ankle for years, even after a foot drop was ruled out, claiming that his knee would give way without use of the brace. Claimant also had a subsequent, non-work related stroke. Claimant had atrophy of the leg from the stroke and/or continued use of the Mafo brace. We presented medical testimony of full recovery from all work injuries. Claimant’s medical witness conceded on cross examination that the reason for using a Mafo brace is to treat a foot drop (and not a knee problem). We further argued that claimant presented no competent evidence to show that claimant suffered knee instability because of the work injury or that he even had objective clinical findings of knee instability. The defense arguments were accepted and benefits were terminated.

3. Claim Petition - Claimant alleged an injury on the basis of repetitive work activity. We argued that cross examination of claimant’s medical expert showed that the expert did not have an adequate foundation to offer a competent opinion on causation since he did not know relevant facts pertaining to claimant’s work, including claimant’s specific job, how many hours that claimant would work per day or week, whether claimant was part-time or full-time and how frequently claimant would do certain activities as part of his job, etc. The WCJ did not find the claimant’s evidence credible or sufficient to support an award.

01-22-2007

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Lionel Sawyer & Collins

CARSON CITY'S LONGEST-SERVING DISTRICT ATTORNEY JOINS LIONEL SAWYER & COLLINS
The longest-serving district attorney in Carson City history, Noel S. Waters joins the Litigation Department at Lionel Sawyer & Collins. Waters, a 1966 graduate of Carson High School, will serve as Of Counsel to the Firm in its Carson City and Reno offices.

Waters said he is pleased to be joining the “top-flight” attorneys at Nevada’s largest law firm. “Here is a group of people who are very smart, deeply experienced, and most of all, they enjoy what they do,” said Waters. “I couldn’t ask for a better opportunity in making the change from public service to private law practice.”

Lionel Sawyer & Collins Managing Partner Paul Hejmanowski noted that Waters is the latest in a long line of Nevada public servants who have entered private practice at the Firm.

“Lionel Sawyer & Collins attorneys have helped shape the Nevada legal and business community for 40 years,” said Hejmanowski. “Noel Waters brings to the Firm a unique knowledge of the state of Nevada and its law. His experience and skills provide an additional resource to our clients that cannot be replicated at any other firm.”

Among the public servants who have moved from government to Lionel Sawyer & Collins are its co-founder, former Governor Grant Sawyer, and Richard H. Bryan, former Nevada attorney general, governor, and U.S. Senator. Rory Reid, Chairman of the Clark County Commission, is also a member of the Firm. Among the Firm’s other attorneys are former federal, state and local government administrators, attorneys and prosecutors.

Waters was first appointed as District Attorney in 1985 and was subsequently elected to the position five times. In September, Nevada Attorney General George Chanos presented Waters with the William J. Raggio Award, which is given annually to a current or former prosecutor who has contributed significantly to the improvement of the administration of justice in Nevada.

Waters spent six months as a law clerk and bailiff for The Honorable Michael R. Griffin in the First Judicial District Court of Nevada. He then joined the Carson City District Attorney’s office as a deputy district attorney in 1982. Prior to law school, Waters was in the United States Air Force and held jobs with the Bureau of Land Management, the Nevada Highway Patrol, and the Nevada Legislature, among other positions.

As district attorney, he oversaw an office of more than 25 employees with an annual budget of $2.3 million. In addition to supervising the office, Waters managed an active caseload of his own, trying approximately 60 jury cases to verdict and well over 1,000 misdemeanor bench trials. In his final months on the job he was the lead prosecutor on three murder trials and a complex child abuse case.

As well as overseeing all criminal litigation in the county, he supervised three civil attorneys who advised the Carson City Board in all matters pertaining to the operation and governance of the county.

01-22-2007

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Weil, Gotshal & Manges, LLP

Weil Gotshal Partner Challenges Pre-Clearance Requirement of Voting Rights Act
Gregory S. Coleman, a partner at Weil, Gotshal & Manges LLP and head of the firm’s Appellate Litigation practice, is representing a small utility district in Texas in its challenge of the Voting Rights Act. The suit alleges that the federal government’s oversight of local voting rules is unconstitutional. Mr. Coleman was also asked to testify about pre-clearance before the Senate Judiciary Committee when it began debating the Voting Rights Act last year. Mr. Coleman is expected to argue the case this summer before a three-judge panel comprised of judges from the district and appellate courts.

01-22-2007

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Carlton Fields

The Law Firm of DeCubellis, Meeks & Uncapher, P.A. Joins Carlton Fields in Orlando
The law firm of Carlton Fields is pleased to announce that Daniel L. DeCubellis, Mary B. Meeks, Kenneth R. Uncapher, Thomas H. Tukdarian, and Joseph C. Greco, III from the law firm of DeCubellis, Meeks & Uncapher, P.A. have joined the Firm in the Orlando office.

DeCubellis is a member of the Firm’s Real Estate and Finance Practice Group. His practice focuses on corporate and real estate transactions. He handles legal matters involving ongoing representation of and counsel to property owners, business owners, developers, professional firms, and lenders. DeCubellis is certified as a specialist in real estate law by The Florida Bar.

DeCubellis is on the Board of Governors of The Florida Bar and is an Orange County Bar Association Past President. In addition, he has served in several other leadership positions with the Orange County Bar Association, the Legal Aid Society of the Orange County Bar Association, The Florida Bar, and the Seminole County Law Library. DeCubellis received his J.D., with honors, from the University of Florida College of Law in 1981 and his B.A. with honors, in Economics from the University of Florida in 1981.

Meeks is a member of the Firm’s Business Litigation & Trade Regulation, Labor & Employment, Real Property Litigation, and Appellate Practice & Trial Support Practice Groups. She concentrates in employment and labor law as well as a general trial and appellate practice of commercial disputes. Meeks has practiced law in Central Florida for 18 years and is a Certified Circuit Court, County Court, and Fifth DCA Mediator.

Meeks is a member of the Orange County Bar Association: Federal and State Trial Practice Committee, Professionalism Committee, and Labor and Employment Law Committee and is a panel member of the National Arbitration and Mediation (NAM Corp). Meeks received both her J.D., with honors, in 1988 and her B.S., with highest honors, in 1985 from Campbell University.

Uncapher is a member of the Firm’s Real Estate and Finance Practice Group. He has over 20 years of legal experience in the areas of corporate and business law, residential and commercial real estate, estate planning, and probate.

Uncapher volunteers with the Orange County Teen Court, a diversion program for teen offenders, also serving on the Orange County Teen Court Advisory Board. He is a member of the board of Teen Alternatives, Inc. and served as President of the organization from 2002 to 2005. Uncapher is a member of the Orange County Bar Association and belongs to the Real Property, Probate, Trust Law and Business Law Sections of The Florida Bar. He received his J.D. from Duke University School of Law in 1983 and his B.A., with honors, from Stetson University in 1980.

Tukdarian is a member of the Firm’s Real Estate and Finance Practice Group. With over 20 years of legal experience, Tukdarian provides business and real estate legal services to individuals and businesses at all levels of complexity.

Tukdarian served as Law Clerk to the Honorable Donald P. Dietrich, U.S. Magistrate Judge, Middle District of Florida, from 1984 to 1986. Since that time, he has managed the administration of more than 35 Community Development Districts throughout the State of Florida. Tukdarian is a member of the Virginia, Florida, and Maryland state bars. He maintains affiliations with the American Bar Association and the Orange County Bar Association. He received his J.D. from T.C. Williams School of Law at the University of Richmond in 1983 and in his graduate degree, with honors, in Economics in 1980 from the University of Richmond.

Greco is a member of the Firm’s Real Estate and Finance Practice Group. He practices in the areas of corporate law, real estate law, commercial transactions, and homeowner's association disputes. Greco is a Certified Public Accountant.

Greco clerked for the Honorable Arthur B. Briskman and the Honorable Karen S. Jennemann, at the U.S. Middle District of Florida Bankruptcy Court. He received his J.D. from the University of Florida College of Law in 2004 and both his Master of Accounting degree in 2004 and his B.S. in Accounting in 2000 from the University of Florida.

01-22-2007

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Robinson & Cole LLP

Robinson & Cole Partner Elected Chairman of Stamford Partnership
Eric J. Dale, chair of Robinson & Cole’s Emerging Companies, Private Equity and Venture Capital Group, has been elected Chairman of the Stamford Partnership. The Stamford Partnership is a public/private partnership working to enhance the quality of life for those who live/work in Stamford.

01-22-2007

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Paul, Hastings, Janofsky & Walker LLP

Paul Hastings Continues Growth of China Offices with Additional Key Talent
Paul, Hastings, Janofsky & Walker (Paul Hastings), a leading international law firm, is pleased to announce the recent addition of Jacqueline Lim, partner in the Hong Kong office, and Adam Kearney, of counsel in the Beijing office.

Ms. Lim is a Corporate partner, whose practice focuses on corporate finance, including mergers & acquisitions (M&A) and equity capital markets. Mr. Kearney also joins the firm's Corporate Department and specializes in China-related M&A and private equity transactions.

In addition, partners David Blumenfeld and David Wang and of counsel K. Lesli Ligorner have all relocated to Paul Hastings' Shanghai office, in order to serve our clients' needs in the Real Estate, Corporate, and Employment Law practice areas.

Gregory Nitzkowski, Paul Hastings' Managing Partner, commented, "As a leading law firm in the region, we are very focused on growing our core practice areas to meet the growing needs of our clients. Paul Hastings has built its reputation in the region by successfully working on the region's most ground breaking and high profile transactions. The addition of key talent that complements our existing practice expertise will enable us to broaden and deepen the level of service we provide to our clients."

New Lawyers' Highlights:

Jacqueline Lim, Corporate partner in the Hong Kong office, with a broad range of corporate finance and M&A experience, especially in the context of the Hong Kong Stock Exchange and its listing rules. Previously with Allen & Overy in Hong Kong, she advised on the merger of the stock exchange, futures exchange and three clearing houses in Hong Kong which was the first takeover of public companies under the Takeover Code using interconditional schemes of arrangement, and the subsequent listing of the merged entity HKEx on its own stock exchange. Ms. Lim is a member of the Middle Temple and qualified as a barrister before practicing as a solicitor in Hong Kong in 1998.

Adam Kearney, of counsel in the Beijing office, specializes in China-related M&A and private equity transactions. He has extensive experience representing private equity investors and multinational companies in highly structured venture capital, buy-out and PIPE transactions as well as cross-border acquisitions. Prior to joining Paul Hastings, Mr. Kearney worked for six years in the Hong Kong and Beijing offices of Freshfields Bruckhaus Deringer. Mr. Kearney is qualified to practice law in New York.

David Blumenfeld, partner and chair of the firm's Shanghai Real Estate practice, relocated from Paul Hastings' Los Angeles office. His practice focuses on real estate matters, particularly on the acquisition, disposition, financing, development and construction of significant office, hospitality and other commercial projects for international institutional and major corporate clients. In addition to China, Mr. Blumenfeld has particular experience in India having recently advised DLF on their joint venture with Hilton Hotels to develop 75 hotels and service apartments in India. He is qualified to practice law in the State of California.

David S. Wang, Corporate partner in the Shanghai office, represents clients in all aspects of corporate and U.S. securities law. His practice focuses on M&A, private equity and venture capital investments as well as capital markets transactions. Mr. Wang represents multinational corporations, private equity and venture capital funds, global investment banks and publicly-listed and private companies in various industries. He has extensive experience representing foreign investors in making investments in the Greater China region. In addition to his practice in China, he also practiced in the United States and in Hong Kong, both with Paul Hastings. He is qualified to practice law in the State of California.

K. Lesli Ligorner, of counsel in the Shanghai office and chair of the Employment Law practice in China. She specializes in strategic employment counseling and litigation for multinational companies. Having represented some of the world's largest corporations in their most sensitive cases, Ms. Ligorner provides a unique, global perspective on a wide range of employment and issues. She has also spoken on employment-related topics at several conferences on behalf of Paul Hastings, which was named The Global Labor and Employment Law Firm of the Year by The International Who's Who of Business Lawyers in 2006. Ms. Ligorner is qualified to practice law in the States of New York and New Jersey.

01-22-2007

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Fulbright & Jaworski L.L.P.

Fulbright Announces 13 New Partners
The international law firm of Fulbright & Jaworski L.L.P. announces 13 new partners today, effective January 1, 2007. The new partners are: Graig Alvarez, Darryl Anderson, Michael Barrett, Mark Garrett, Eric Hall, Linda Merritt, Shawn O’Brien, Michael O’Donnell, Yvan-Claude Pierre, Mark Platt, Kristen Ieyoub Savant, Jonathan Sutcliffe and Seth Wexler.

Steven B. Pfeiffer, Chair of Fulbright’s Executive Committee, said, “We are pleased with this new group of lawyers who represent the firm’s strengths in litigation and international disputes, intellectual property, corporate, public finance and tax. These lawyers represent Fulbright’s future.”

Alvarez joins the partnership from Fulbright’s Houston office where he was a senior associate. Alvarez concentrates on the defense and prosecution of commercial, energy and products liability litigation matters, including the defense of petrochemical industry clients in mass tort litigation arising out of chemical plant explosions. Prior to joining Fulbright & Jaworski, Alvarez was employed by Houston-based Cooper Cameron Corporation. At Cooper Cameron, he spent four years as a design engineer designing and developing offshore oilfield equipment and two years as a project manager for international offshore oilfield projects. Alvarez earned his J.D., with honors, from South Texas College of Law in 1997 and his B.S. in mechanical engineering from Texas A&M University in 1990.

Anderson joins the partnership from Fulbright’s Houston office where he was a senior associate. His practice focuses on a range of complex business litigation matters and class actions in substantive areas such as antitrust, energy, securities and telecommunications. In particular, he has represented both plaintiffs and defendants in antitrust matters involving claims of monopolization, conspiracy and exclusive dealing, as well as in responding to government investigations both national and international in scope. Additionally, he has represented clients defending nationwide and state-wide class actions in cases involving securities fraud, insurance and oil and gas royalty issues and has represented government contractors in qui tam “whistleblower” suits under the False Claims Act. He currently serves as the Secretary/Treasurer of the Houston Bar Association’s Antitrust and Trade Regulation Section. Anderson earned his J.D., cum laude, from Harvard Law School in 1998, where he also served as an editor of the Harvard Law Review. He earned his A.B., magna cum laude, in political science and economics from Duke University in 1995.

Barrett joins the partnership from Fulbright’s Austin office where he was a senior associate. He focuses on patent litigation, prosecution and analysis in various technology areas. He has experience in the electrical, semiconductor, imaging, telecommunications, computer hardware, computer software, mechanical, medical, software, nanotechnology, microfluidics, and chemical fields. Barrett earned his J.D., cum laude, from The University of Texas School of Law in 1998, his M.A. in physics from The University of Texas at Austin in 1995 and his B.S., summa cum laude, in physics from Texas A&M University in 1993.

Garrett joins the partnership from Fulbright’s Austin office where he was a senior associate. Garrett’s practice focuses on litigating and prosecuting patents in a variety of technology areas, including those in the mechanical, medical, software, imaging, and telecommunications fields. He also has experience helping startups address a variety of intellectual property-related issues. Garrett earned his J.D., with honors, from The University of Texas School of Law in 1998 and his B.S.M.E., with high honors, from Southern Methodist University in 1995.

Dr. Hall joins the partnership from Fulbright’s Houston office where he was a senior associate. Dr. Hall’s practice focuses on patent law and communication technology issues, including patent prosecution, litigation and transactions. He has represented clients in the telecommunication, software, semiconductor, wireless, and industrial technology industries. Additionally, he was an assistant professor in Southern Methodist University’s Electrical Engineering Department and a summer faculty fellow at the Johnson Space Center. Dr. Hall earned his J.D., with high honors, from The University of Texas Law School in 1999, his Ph.D. in electrical engineering from The University of Texas in 1989, his M.S. in electrical engineering from The University of Texas in 1986 and his B.S., cum laude, in electrical engineering from Rice University in 1985.

Merritt joins the partnership from Fulbright’s Dallas office where she was a senior associate. She focuses her practice on intellectual property and technology matters, including domestic and international trademark and copyright counseling, prosecution, litigation and transactions. She represents clients in a variety of industries, including the software, financial, food products, pharmaceutical and retail industries. Prior to attending law school, Merritt worked as a certified public accountant for PriceWaterhouseCoopers and as a financial planning manager for Hallmark Cards, Inc. in Kansas City, Missouri. Merritt received a B.B.A. in 1980 from Washburn University, a J.D. in 1994 from the University of Kansas and an M.B.A. in 1995 from Rockhurst College.

O’Brien joins the partnership from Fulbright’s Houston office where he was a senior associate. Shawn’s practice focuses on federal tax controversy and planning. His litigation experience includes appearances in the U.S. Tax Court, Federal District Court and the U.S. Court of Federal Claims, as well as experience in controversy resolution at both the Internal Revenue Service examination and appeals level. Recently, Shawn has been assisting hundreds of high-net worth individuals before the Internal Revenue Service related to the clients’ participation in several “listed transactions.” Shawn earned his LL.M. in taxation from New York University School of Law in 1998, his J.D. from Loyola University School of Law in 1997 and his B.B.A., cum laude, from Millsaps College in 1993. Shawn is also a Certified Public Accountant.

O’Donnell joins the partnership from Fulbright’s San Antonio office where he was a senior associate. O’Donnell handles complex commercial and class action lawsuits, including all aspects of pretrial and trial work. He also maintains an active arbitration practice focusing on commercial disputes. O’Donnell has first chair jury trial and bench trial experience. He has also taken the lead in a broad array of evidentiary hearings, including hearings to address class certification, the admissibility of expert testimony, a contested election and the validation of public securities. O’Donnell earned his J.D., with honors, from The University of Texas School of Law in 1997 and his B.A. from Wesleyan University in 1994.

Pierre joins the partnership from Fulbright’s New York office where he was a senior associate. Mr. Pierre’s corporate and securities practice focuses on the representation of privately held and publicly traded companies, investment banks, financial institutions and venture capital firms in various corporate matters, including mergers and acquisitions, joint ventures, contract negotiation, corporate governance and regulatory compliance matters (including SEC, NYSE and NASDAQ matters) and technology transactions, and the representation of issuers as well as underwriters in a wide variety of public and quasi-public offerings, including IPOs, convertible debt and 144A transactions and PIPEs. He also has considerable experience in the areas of venture capital financing. Mr. Pierre earned his J.D. from the University at Buffalo School of Law in 1996 and his B.A. from the University at Albany, State University of New York in 1990.

Platt joins the partnership from Fulbright’s Dallas office where he was a senior associate. Platt began his legal career as an Assistant District Attorney for Dallas County, where he tried more than 30 jury trials. He spent several years after his work as an Assistant D.A. focusing on products liability and commercial litigation. Over the last six years, Platt has practiced in the bankruptcy arena, specializing in bankruptcy litigation. Platt earned his J.D. from Southern Methodist University Dedman School of Law in 1994 and his B.A. from the University of Pennsylvania in 1991.

Savant joins the partnership from Fulbright’s Dallas office where she was a senior associate. Prior to joining the firm, Savant served as law clerk to the Honorable John V. Parker, United States District Court Judge for the Middle District of Louisiana. Savant focuses her practice on public finance matters. She serves as bond counsel and underwriters’ counsel in securities transactions for school districts, junior college districts, cities, counties and special-purpose districts. Savant earned her LL. M. from Georgetown University Law Center in 1998, her J.D. from Louisiana State University in 1995 and her B.S., cum laude, from McNeese State University in 1991.

Sutcliffe joins the partnership from Fulbright’s London office where he was a senior associate. Sutcliffe specializes in international arbitration and dispute resolution and has acted for numerous clients on a diverse range of commercial international arbitration, ADR and litigation matters, including in the energy, construction, defense, insurance, international joint venture and film sectors, and on investor-state disputes. Sutcliffe earned his Legal Practice Course, with distinction, from College of Law, Guildford in 1994 and his B.A., honours degree, Jurisprudence, first class, from Worcester College, Oxford University in 1993.

Wexler joins the partnership from Fulbright’s Houston office where he was a senior associate. Wexler’s corporate and securities practice includes representing seasoned issuers and underwriters in public offerings as well as emerging companies. He has significant experience in national and international mergers and acquisitions, divestitures, debt financings and joint ventures. Wexler also regularly assists clients with general corporate matters, including entity formation, capital raising, corporate governance issues, disclosure matters and regulatory filings. Wexler earned his J.D., cum laude, from the University of Houston in December 1997, his M.B.A., Dean’s Award for Academic Excellence, from the University of Houston in December 1997 and his B.B.A., with honors, from The University of Texas at Austin in May 1994.

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01-22-2007

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