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McCarter & English, Attorneys At Law

Nathan Schachtman Obtains Dismissal of Silica Claims in New York
Nathan Schachtman obtained dismissal of personal injury claims in two cases--one filed more than sixteen years ago--in which factory workers claimed they developed silicosis as a result of sand suppliers' alleged failure to warn of the hazards of excessive silica exposure. The New York Supreme Court dismissed plaintiffs' claims in Rickicki v. Borden Chemical Co. (No. 53395), and Crowley v. C-E Minerals, Inc. (No. 61024) on a finding that the defendants, including our client, U.S. Silica Company, had no duty to warn such workers of silica hazards. In its ten-page opinion in support of dismissal, the Court noted that warnings must be given "by the party able to warn most effectively." In the industrial context, where sand reaches workers through a series of intermediate purchasers, it is employers, and not sand suppliers, who are "best equipped to warn . . . employees." Applying the "sophisticated user doctrine," the Court encouraged "the delegation of the task of warning users to the parties best able to warn," and found that employers, and not remote sand suppliers, are in the best position to promote the safe use of silica sand. Barbara Gotthelf assisted in the defense of U.S. Silica Company.

01-12-2007

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Lieff, Cabraser, Heimann & Bernstein, L.L.P.

Canadian Class Action Commenced by Owners of Dell Inspiron Notebooks
A national class action has been commenced on behalf of Canadians who own the following Dell Inspiron notebooks: 1100, 1150, 5100, 5150 or 5160.
The claim seeks compensation as a result of alleged defects in these Dell notebooks. The defendant named in the lawsuit is Dell Canada Inc. A similar action in the United States involving the Dell Inspiron 5150 was recently settled; however, ongoing litigation involving the four other models continues.
The claim, filed with the Ontario Superior Court of Justice, alleges that Dell was negligent in the design of the notebooks, and that Dell knew or ought to have known of the inherent defects in the notebooks’ design but nevertheless sold, marketed and distributed the notebooks in Canada. As alleged in the claim, the fundamental problem with the Dell Inspiron Computers involves design defects that make the computers susceptible to overheating and premature motherboard failure. The failures involving these Dell notebooks often occur just outside of the standard one-year warranty period.
"Many people rely on their notebook computers as a means of earning a living and for educational purposes”, said Joel P. Rochon, a partner at Rochon Genova LLP. “This action seeks to deliver fair compensation to Canadian consumers who own these computers."
The proposed representative plaintiff, Thad Griffin of Aurora, Ontario, stated: "I do not believe that I should be forced to spend hundreds of dollars to fix the defective motherboard, when Dell should have known about this problem at the time they initially sold the computer."
The allegations raised in the claim have not yet been proven in court. The plaintiff and the prospective class members are represented by the firm of Rochon Genova LLP.

01-12-2007

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King & Spalding

King & Spalding to Open Office in Dubai
The Fulton County Daily Report covers King & Spalding's announcement of a planned Dubai office and the many benefits it will provide.

01-12-2007

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King & Spalding

King & Spalding Elects Four Partners to its Policy Committee
King & Spalding, a leading international law firm, announced today it elected four partners to the firm’s 10-person policy committee, effective January 1, 2007: Charles Alexander (London), Andrew Bayman (Atlanta), Steven Brody (New York) and Michael Smith (Atlanta).

King & Spalding’s policy committee is responsible for firm policies, strategic initiatives and the overall enhancement of the firm. Members are elected by the partnership to a three-year term.

The new members replace partners Dwight Davis, Michael Egan and Jeffrey Smith, whose terms expired at the end of 2006, and George Branch, who has retired.

* Charles Alexander – Alexander, based in the firm’s London office, is a partner in the firm’s corporate practice group and has a broad range of experience in mergers and acquisitions, private equity transactions, venture capital investments and international and domestic joint ventures.
* Andrew Bayman – Bayman is the leader of the firm’s tort and environmental litigation practice. The group, with over 120 lawyers, is one of the largest practice groups of its kind in the U.S. and is devoted exclusively to defending tort litigation. He is based in Atlanta, and his practice focuses on representation of pharmaceutical, medical device and automotive manufacturers in product liability cases.
* Steven Brody – Brody is the leader of King & Spalding’s New York business litigation group. He represents clients in a wide range of commercial disputes, including securities, advertising and other commercial matters.
* Michael Smith – Smith is a partner in King & Spalding’s business litigation practice group, focusing on securities and shareholder litigation, SEC enforcement and related internal investigations. He is based in Atlanta.

01-12-2007

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King & Spalding

King & Spalding’s e-Learn Series Enters its Fifth Year as a Forum For Reliable Information on Emerging Legal Issues
The third Tuesday of each month, it’s easy to find many of King & Spalding’s key clients. They’re participating in the firm’s interactive e-Learn Series, where they hear from top King & Spalding lawyers on a “hot” legal issue that can have a direct impact on the success of their businesses.

Now in its fifth year, the King & Spalding e-Learn Series pioneered online seminars for clients when it was originated in December 2002. It has been drawing kudos from clients and the firm’s lawyers ever since.

Clients have called these individual 60-minute programs “informative,” concise” and “practical”—and say they’d recommend them to any in-house counsel.

Richard A. Schneider, a senior litigation partner in the firm’s Atlanta office, is a frequent speaker at the e-Learn Series. Doc, as he’s known, has participated in four out of the 39 presentations. He’s convinced “e-Learns” help keep King & Spalding’s lawyers “sharp.”

“For the presenters, it requires us to condense cutting-edge new developments in concise terms for our busy audience,” Schneider said. “For attendees, it is a quick and easy way to keep current.”

Program topics cover a range of legal areas, reflecting the array of business issues clients face at any given moment. The e-Learn Series has examined issues involving antitrust, bankruptcy, class-actions, e-discovery, energy, ethics, government investigations, Homeland Security, insurance, intellectual property, international arbitration, labor and employment, lobbying, litigation, M&A, regulatory, securities and tax.

More than 100 King & Spalding lawyers have been presenters over the years. Their knowledge of the subject matter, courtroom experience or work on big deals make them effective commentators and reliable sources of information on the changing corporate legal landscape.

Attendance has been increasing each year—a sign of the series’ usefulness to its audience. The 2006 series was the best year ever, with a total of about 1,000 registrants. More than 3,000 outside counsel have registered for a King & Spalding e-Learn program since its inception.

According to Holly Delgado, program manager of the e-Learn Series, one of the all-time favorite programs in the series is an annual update on recent developments in the United States Supreme Court and the impact of these decisions on the legal scene. Holly said last year’s three best-attended programs were those on lobbying and political contributions, increasing witness effectiveness in depositions and trials, and emerging issues in false advertising. But the popularity of the topics changes year-to-year.

Relevance is the uppermost consideration when it comes to planning a schedule of programs. “Because we want our programs to be relevant and timely for our clients, we usually plan no more than three to six months in advance,” Ms. Delgado said. “That gives us the ability to make sure the programs are in sync with our clients’ business needs.”

Participants may choose to view an e-Learn Series program on their computer or see a live videoconference at a King & Spalding office in Atlanta, Houston, London, New York or Washington, D.C. (The firm announced last month it expects soon to open a sixth office in Dubai, United Arab Emirates.)

CLE credit is available for Georgia, New York, Texas and Virginia requirements. For other states, attendees are provided a certificate of attendance with which to apply for credit.

Each program is also recorded on a CD and made available to clients who request a copy or could not attend. “This tangible element of the program is seen by King & Spalding lawyers as helpful in demonstrating the firm’s legal skill and credibility in a particular field,” said Lisa S. Keyes, director of professional development at the firm.

Ms. Keyes is happy with the success of the e-Learn Series, which she has overseen since 2003. “Clients and our lawyers alike value it as an effective educational and communications vehicle, but we are always looking for ways to improve the program,” she said.

While change is occurring ever more rapidly in the global marketplace, at least one thing remains constant. As new legal issues emerge and businesses start to wrestle with them, King & Spalding will be at the forefront of analyzing these issues as part of the firm’s highly regarded e-Learn Series.

01-12-2007

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Freshfields Bruckhaus Deringer

Freshfields tops Hong Kong, China and Japan M&A league tables
Leading international law firm Freshfields Bruckhaus Deringer has been ranked no 1 M&A adviser in Bloomberg's Hong Kong and China year end league table of legal advisers by value and deal count, advising on 44 deals worth US$21.9bn. The firm also topped the Japan Bloomberg M&A league tables by value, advising on 12 deals worth US$47bn.

In Bloomberg's league tables for manager advisers on Hong Kong and China equity IPOs, Freshfields was ranked no 2, advising on 4 deals worth $54.6bn. The firm was also ranked no 3 for issuer advisers on Hong Kong and China equity IPOs, advising on 6 deals worth US$42.9bn. In Bloomberg's league tables for global equity IPO issuer advisers, Freshfields were ranked no 2, advising on 26 deals worth US$14.6bn and also ranked no 2 for global equity IPO manager advisers, advising on 24 deals worth US$16.8bn.

Robert Ashworth, Asia head of corporate said: '2006 has been a remarkable year for Freshfields' corporate practice in Asia. Our three core practice areas, M&A, securities and private equity are highly regarded and thriving businesses, and we are delighted once again to have seen this reflected through our involvement in some of the regions's most headline grabbing transactions. If I had to single out one factor that stands us apart it is the quality of our people: at all levels. We are extremely fortunate to have an immensely talented and dedicated group of individuals. Our top position in the league tables is a fitting tribute to that'.

Freshfields was also ranked no 1 European legal advisor in Bloomberg's final 2006 M&A league tables, advising on 251 deals worth US$352.2bn and maintained its no 3 position in the global rankings, advising on deals totaling $369.1bn behind US firms Skadden, Arps, Slate, Meagher & Flom and Sullivan & Cromwell. The firm was also ranked no 1 M&A adviser in Mergermarket's preliminary league tables for pan-European, advising on 260 deals worth €378.3bn, and no 1 for UK M&A deals, advising on 102 deals worth a combined €153.2bn.

01-12-2007

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Fox Rothschild LLP

Fox News, The O'Reilly Factor, "Video Voyeurism"
Scott L. Vernick, Esq., appeared on the Fox News program, The O'Reilly Factor in a segment entitled, "Video Voyeurism." The segment was in regard to several recent cases in Dallas, TX and Tampa, FL where two teachers were caught secretly video taping students in an inappropriate manner. Scott commented on how people can protect themselves when they feel that their privacy rights have been violated

01-12-2007

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