Law Firm News

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Law Firm News

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Paul, Hastings, Janofsky & Walker LLP

Paul Hastings Bolsters Global Corporate Practice with Addition of Scott Joachim
Paul, Hastings, Janofsky & Walker LLP (Paul Hastings), a leading international law firm, is pleased to announce that Scott Joachim has joined the firm's Corporate Department as Of Counsel, resident in the Palo Alto office. Mr. Joachim's practice is focused on mergers and acquisitions, private equity and capital markets transactions.

"Paul Hastings is committed to attracting top talent in key areas such as M&A," said Carl Sanchez, Chair of the firm's Global Mergers & Acquisitions Practice Group. "The recent surge in M&A activity has created a demand for transactional expertise and knowledge in all areas of law that come into play in a complex deal. The addition of Scott will enhance our ability to further serve our clients and strengthen our capabilities, particularly in the Bay area."

Prior to joining Paul Hastings, Mr. Joachim was a partner in the Business and Finance Department at Drinker Biddle & Reath and head of the firm's West Coast-based corporate practice. He has represented purchasers and sellers in a variety of acquisition and divestiture transactions involving both public and private companies in industries that range from software and hardware, communications, biotechnology and life sciences, manufacturing and retail. Mr. Joachim has substantial experience counseling investors, entrepreneurs and emerging companies in venture capital financings and other private placements. He regularly advises various emerging technology companies. In addition, Mr. Joachim has substantial experience representing underwriters, placement agents, selling stockholders and issuers in a variety of public offerings of equity and debt.

01-03-2007

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Baker & Hostetler, L.L.P.

Munn Nominated for Colorado Cabinet Post
Denver partner Rico Munn, a member of the Colorado State Board of Education, has been nominated by Governor-elect Bill Ritter as executive director of the Department of Regulatory Affairs (DORA).

"As a member of the Colorado Board of Education, Rico Munn has repeatedly demonstrated his commitment to our children and our future," Ritter said. "I know he’ll bring the same type of energy to his new assignment as the chief protector of the public interest."

"One of the most important functions of government is to protect the people," said Munn, who specializes in complex and corporate litigation. "Add to that the goal of allowing businesses to grow, thrive and develop, and you very quickly see that DORA has a tremendous responsibility to the people of Colorado. I’m humbled that Gov.-elect Ritter and Lt. Gov.-elect O’Brien have asked me to lead this organization.

01-03-2007

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Weil, Gotshal & Manges, LLP

Michael J. Aiello to Join Weil, Gotshal & Manges LLP as Partner in Corporate Department
Weil, Gotshal & Manges LLP, the international law firm, today announced that Michael J. Aiello has joined as a partner in the Mergers & Acquisitions practice of the firm's Corporate department, effective January 2, 2007. Mr. Aiello, 37, has moved to Weil Gotshal's New York office from Dewey Ballantine, where he was a partner. He started his legal career as an associate at Weil Gotshal.

Mr. Aiello regularly represents acquirors, targets, buyout groups, boards of directors, special committees, investment banks, investors and shareholder groups in complex domestic and international transactions, both negotiated and unsolicited. Among clients he has represented are The Walt Disney Company, Sony Corporation of America, Actavis Group h.f., DTE Energy, Associated British Foods plc, Sumitomo Corporation of America, Omnicare, Inc., Sempra Energy, Credit Suisse, Lazard Freres and Merrill Lynch.

Of Mr. Aiello's decision to join the firm, Stephen J. Dannhauser, Chairman of Weil Gotshal, said, "We are delighted to welcome an attorney of Mike Aiello's caliber, particularly since he is, in a sense, 'coming home' to the firm where he started. He is an accomplished practitioner and extraordinary individual. We have worked hard to develop a client-focused, team-oriented approach, and are confident that Michael will be a vital part of our first-tier mergers and acquisitions practice headed by Howard Chatzinoff and Fred Green."

Added Thomas A. Roberts, co-chair of the firm's Corporate department, "This makes sense for us and it makes sense for Mike, not only because we know him so well, but because Weil Gotshal will provide him with the ideal domestic and international platform from which to serve clients, expand his practice, and help grow our overall Corporate practice."

Confirming the reasons for his decision, Mr. Aiello added, "There's no doubt in my mind that Weil Gotshal is a great choice, both for the clients I represent, and for me. This is a firm at the top of its game, a market leader and one of the fastest growing in the industry, with unparalleled M&A and private equity practices which complement my own perfectly."

Commenting on Mr. Aiello's addition, Barry M. Wolf, co-chair of the firm's Corporate department added, "Weil Gotshal is not a firm that takes lightly the decision to add a lateral partner, but in Michael's case, we saw two things which made this work. First, his practice is at a level comparable to our own and, in some cases, with clients we also represent. Second, we know him and he knows us, so there was no uncertainty about ensuring a smooth transition."

Michael J. Aiello holds a JD degree from Widener University School of Law (1994), and earned a B.A. in Political Science from New York University in 1991. Prior to joining Weil Gotshal as an associate, he served as law clerk to Judge Collins J. Seitz of the United States Court of Appeals for the Third Circuit. He was recognized in 2005 and 2006 in Chambers USA - America's Leading Lawyers for Business as a leader in the field of mergers and acquisitions, and was named one of The National Law Journal's "40 Under 40" for his work in M&A. He has authored several articles discussing the fiduciary duties of corporate directors and officers, recent developments in mergers and acquisitions and corporate compliance matters, including Sarbanes-Oxley and related rules. He is a recipient of the prestigious Burton Award for Legal Achievement for his article, "Taking a Hard Look at Poison Pills," which originally appeared in The New York Law Journal in 2005.

The Corporate department of Weil, Gotshal & Manges LLP numbers over 500 attorneys globally, and regularly represents clients in the world's largest and most complex transactions, including sophisticated mergers and acquisitions, joint ventures, private equity transactions, securities offerings, financings, debt restructurings, real estate transactions and other commercial transactions. The department also handles an array of general corporate matters, including SEC and regulatory compliance, corporate governance practices, executive benefits and compensation plans, proxy solicitations, new business ventures and technology and trademark licensing.

01-03-2007

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Fulbright & Jaworski L.L.P.

Fulbright Wins Appeal on Use of Class Action Waivers in Employee Arbitration Clauses
California employers who want to fend off class actions filed by their employees scored a major victory in a California Court of Appeals decision. The court affirmed a lower court ruling which upheld the validity of the defendant employer’s class action waiver contained in an employee arbitration agreement. Fulbright & Jaworski L.L.P. served as trial and appellate counsel for the employer.

The ruling, by Second Appellate District Presiding Justice Paul Turner, found that the arbitration policy was not “substantively unconscionable,” and was therefore consistent with California law. The Court’s ruling affirmed the trial court's determination that the class action waiver is enforceable. The policy includes an agreement that employees will not bring claims in a representative capacity on behalf of others.

James R. Evans, Jr. and Joseph H. Park, partners in the Los Angeles office of Fulbright & Jaworski, along with Gary Birnbaum of Phoenix law firm Mariscal, Weeks, McIntyre & Friedlander, P.A., represented the employer. Attorneys Birnbaum and Evans also drafted the company’s class action waiver adopted in 2003.

“This decision is of significant importance for all California employers and for companies seeking to use waivers in a basic arbitration agreement,” Evans said.

In the case, Ronald Konig v. U-Haul Co., Konig sued on behalf of himself and a proposed class of area field managers. Konig set out to recover unpaid overtime and statutory penalties based upon the alleged misclassification of these employees as salaried management. Konig sought certification of a class of all of U-Haul’s California field managers. At trial, Los Angeles Superior Court Judge Peter Lichtman ordered Konig’s individual claims to arbitration and dismissed the class action claims.

The appeals court found that U-Haul’s policy was not “substantively unconscionable,” a standard that is violated, as the court explained in the decision, when there is “the existence of overly-harsh or one-sided terms.” The appellate court distinguished the facts from a 2005 California Supreme Court case, Discover Bank, which found a class action waiver in a consumer agreement was “substantively unconscionable” when it was applied to a contract involving small amounts of money.

“Plaintiff presented no evidence in the trial court the potential damages and penalties payable to class members would be ‘predictably . . . small,’” Justice Turner wrote. “Thus, plaintiff failed to establish that the class action waiver was substantively unconscionable under the Discover Bank test. In the absence of any evidence the potential damages payable to class members would be predictably small, the trial court reasonably could have found plaintiff failed to sustain his burden of proving the class action waiver was procedurally unconscionable.”

Fulbright’s Evans said the appeals court carefully considered the claims.

“Ultimately, the court found that the class action waiver is lawful, and found that employees’ rights are not impaired by the arbitration policy,” Evans said. “Our client specifically drafted the arbitration policy to ensure that it followed California law in order to protect the rights of both employee and employer.”

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01-03-2007

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Dorsey & Whitney, L.L.P.

BTI ‘Client Service’ Study Recognizes Dorsey and Partner Paul Torgerson
Input received during BTI Consulting Group interviews with corporate counsel at Fortune 1000 companies earned Dorsey & Whitney a spot on the 2007 BTI Client Service A-Team. In addition, BTI recognized Dorsey attorney Paul M. Torgerson, a partner in the firm’s Health practice, as a Client Service All-Star.

BTI conducts the research annually for its “Survey of Client Service Performance for Law Firms.”

Dorsey earned the A-Team rating based on performance across 17 factors that BTI says “define and determine the success of the client relationship.” The factors include activities like client focus, proving a commitment to help, breadth of services, keeping the client informed, handling problems and bringing together national resources.

To identify attorneys for the Client Service All-Star Team, BTI asks each in-house counsel to nominate one individual “who delivers truly superior client service.” The feedback puts Torgerson among a select group of 113 attorneys recognized for delivering the best client service.

In addition, Dorsey is designated as one of the Best Performing Law Firms, which acknowledges firms “displaying exceptional overall performances.” Dorsey also was named to Best at Client Service list of firms.

01-03-2007

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Thompson Hine LLP

Atlanta Office Grows With Addition of New Partner
Alexander Woollcott has joined the Atlanta office of the law firm of Thompson Hine LLP as a partner in the firm’s Corporate Transactions & Securities practice group. Prior to joining Thompson Hine, Mr. Woollcott was a partner with Kilpatrick Stockton.

With more than 22 years of corporate law experience, Mr. Woollcott focuses primarily on complex commercial transactions, mergers and acquisitions, outsourcing, logistics, technology licensing, strategic alliances, and market channel relationships. He works with an extensive base of clients ranging from emerging growth companies to established public companies and municipal and other government entities.

Mr. Woollcott also has a widely recognized practice representing companies and senior executives in connection with executive employment agreements, severance agreements, and non-competition, non-solicitation and trade secret protection covenants.

"Alex's depth and breadth of corporate law experience spans multiple industries, including technology, telecommunications, life sciences and data management," said Sharen Swartz Neuhardt, Thompson Hine's Corporate Transactions & Securities practice group leader. "His extensive expertise in many different areas of corporate transactions and securities will be a significant asset to the firm."

"Thompson Hine's strategic growth plan for Atlanta continues to advance at a rapid pace," said Walt Linscott, Partner-in-Charge of the Atlanta office. "The addition of Alex to our team allows us the opportunity to showcase the full range of legal expertise the firm has to offer."

Mr. Woollcott received his juris doctorate degree from Cornell School of Law and his bachelor of science degree from Yale University. He is a member of the Georgia State Bar Association and the Technology Association of Georgia and is active in numerous civic and community organizations in Atlanta.

01-03-2007

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Thompson & Coburn, L.L.P.

Thompson Coburn Announces Five New Partners
Thompson Coburn is proud to announce that Elizabeth Blackwell, Laura M. Duncan, Matthew H. Kaiser, Catherine Schroeder and Steven R. Wild have been selected to become partners in the firm, effective January 1, 2007.

Elizabeth is a member of the firm’s Tobacco Litigation and Appellate practice areas. She possesses special expertise in defending against the improper use of aggregate trial procedures, such as class certification, large and small consolidations, and phased bifurcated or trifurcated trial plans. Elizabeth earned her J.D. from Vanderbilt University School of Law. She also holds a M.T.S. from Harvard University and a B.A., magna cum laude, from Westminster College.

Laura practices in the firm's Private Client practice group. She has a broad range of experience in estate planning, taxation, probate and trust law. Her work has included trust constructions, transfer taxation, fiduciary income taxation, and planning for family businesses. She earned her J.D., magna cum laude, from Saint Louis University and her B.S.B.A., summa cum laude, from the University of Missouri-Columbia.

Matthew, who practices in the firm’s Transportation and International Commerce practice area, specializes in maritime and trade finance and related U.S. Government guarantee programs. He served as the foreign legal expert on an Asian Development Bank Technical Assistance project in Nepal. Matthew earned his J.D. from William & Mary School of Law. He also holds a B.A. from American University.

Catherine practices in the firm’s business litigation group. She became an associate with the firm in 1998 after serving first as a firm secretary for eight years and then as paralegal for 11 years. Her experience includes extensive commercial trial and arbitration work. Catherine earned her J.D., cum laude, from Saint Louis University School of Law and her B.A., with academic honors, from Webster University.

Steven is a member of the firm’s Public Finance and Real Estate practice areas. He has experience in numerous areas of state and local government and real estate law, including tax-exempt bonds, tax credits, tax increment financing and other development incentives, zoning, public contracts, legislation and litigation. Steven earned his J.D. from Vanderbilt University School of Law and his B.A., cum laude, with distinction in Philosophy, from Duke University.

Thompson Coburn LLP has approximately 300 attorneys nationwide with offices in St. Louis, MO; Washington, D.C. and Southern Illinois.

01-03-2007

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