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EG&S WINS DISMISSAL OF CLAIMS AGAINST BOROUGH OFFICIALS
The Luzerne County Court of Common Pleas recently dismissed all claims brought against the Mayor, Chief of Police and a police officer of the Borough of Dupont, all defended by EG&S. Plaintiff alleged that he was injured due to the negligent operation of a Dupont police cruiser. In challenging the claim, John G. Dean and Joseph J. Joyce of EG&S’s Wilkes-Barre office argued that because the Mayor and Chief of Police had no actual involvement with the operation of the vehicle at issue, the officials were immune from liability under the Political Subdivision Tort Claims Act, and because the plaintiff did not identify the “John Doe” police officer within the applicable statute of limitations, the plaintiff’s claim against the unknown officer failed. The Court agreed with EG&S and dismissed all claims against the municipal officials.

12-31-2006

Northrup Elected to Appellate Section Position
At the Annual Meeting of the Dallas Bar Association Appellate Section, Mike Northrup was elected Vice-Chair of the Section for the 2007 calendar year.

12-31-2006

Morris, Manning & Martin Partner Named “Leading Lawyer.”
MMM Partner Louise Wells was recognized as one of the notable women attorneys at top Atlanta law firms by the Atlanta Business Chronicle.

12-31-2006

Kamlet Shepherd & Reichert Attorneys File Appeal with Public Utilities Commission to Help Taxi Entrepreneur
Attorneys at Kamlet Shepherd & Reichert have appealed an administrative law judge’s decision to dismiss an application from a local entrepreneur who wants to start his own taxi company in Denver. The application was submitted last October to the Colorado Public Utilities Commission (PUC).

Kamlet Shepherd partner Ray Gifford, once himself a former chairman of the Colorado PUC, calls the utilities law that makes entry into the taxi business nearly impossible “a complete travesty on the American free enterprise system.”

“There are few things more objectionable than a bureaucracy curtailing the business dreams of a start-up entrepreneur,” he said.

Gifford, along with Kamlet Shepherd attorneys Eric Gunning and Adam Peters are representing Ernest Rakotovao and his company, ER Express, on a pro bono basis. The Institute for Justice, a public interest organization based in Washington, D.C., referred the case to Kamlet Shepherd, calling for reforms to the regulation.

“Consumers and would-be entrepreneurs should decide if there is a need for more taxis, not the government or the existing taxi cartel," said Valerie Bayham, a staff attorney with the Institute for Justice. "Fortunately, discriminatory restrictions like these are being eliminated all across the country, in places like Cincinnati, Indianapolis and Minneapolis."

Last fall, when Rakotovao sought authority to operate as a taxi cab with the PUC, the other cab companies protested. Last month, Administrative Law Judge G. Harris Adams agreed, granting the cab companies their motion to dismiss Rakotovao’s application concluding ER Express had not demonstrated that there was a need for more taxi cab companies in Denver.

“No one in this free market economy should have to ‘prove’ in advance that there is a need for any legitimate business you want to start up,” said Gifford. “That is, unless you live in Colorado and you want to be in the taxi business. To have the PUC regulate taxis as if they were public utilities is archaic and senseless.”

Gifford, Gunning and Peters are working on a legal strategy to appeal the dismissal of the application. In addition, they are working with state legislators to overturn a law many lawmakers have called outdated.

“This type of transportation regulation doesn’t protect consumers; it protects the big taxi operators who are already in business,” said Gunning. “We think competition and good common sense should prevail.

12-31-2006

Lee Reichert Reappointed by Governor to Securities Board
Lee Reichert, founding partner of Kamlet Shepherd & Reichert, LLP, was recently reappointed to serve on the Colorado Securities Board by Governor Bill Owens for a term ending 2009.

Reichert previously served a three-year term on the same board, chairing it from 2004 to 2005. He is one of two attorneys on the board, serving along with one certified public accountant and two members of the public at large.

Board members meet quarterly and are responsible for advising the Colorado Securities Commissioner regarding issues affecting securities regulation in the state including formation of policies, fee-setting and new rules. In addition, board members serve from time to time as panelists in issuing orders in cease and desist hearings. All board members are appointed by the Governor and approved by the state senate.

In a letter, the Governor acknowledged Reichert’s expertise and service.

“Your skills and talents are a valuable contribution to the work that we are doing. I have heard from many Coloradans that your efforts are making a difference in their lives,” Owens said. “Your willingness to continue to serve the State of Colorado is certainly appreciated.”

Reichert represents local and national clients in a broad range of corporate and securities work. He provides expertise to companies ranging from Fortune 500 companies to startups on a variety of transactional matters.

Kamlet Shepherd is a comprehensive legal services firm with nearly 40 attorneys, and is structured to serve businesses in the Rocky Mountain region. It can be contacted at www.ksrlaw.com. Based in Denver, it was formed in 2000 by partners who decided to make customer service and responsiveness a hallmark of the firm.

12-31-2006

Paul, Weiss' TMT Strengths Highlighted in Asian Legal Business
The December issue of Asian Legal Business included a feature story on Paul, Weiss' strengths in the technology, media and telecommunications (TMT) sector. The article noted that Paul, Weiss is a "powerhouse" in the TMT field and has "maintained substantial momentum since the firm established a TMT practice in mainland China in 1994." It also points out that Paul, Weiss is "regarded as one of the top private equity and M&A legal advisers in Asia." Corporate partner Jeanette Chan is interviewed in the article and says that she and her colleagues enjoy the challenges involved in TMT transactions today. She says, "Because of the sophisticated regulations, which have made it harder for foreign investors, we can be more creative in the structures and in dealing with different issues. We have to rethink all the old models and adopt new structures. The process is exciting and we definitely enjoy it.

12-31-2006

Skadden Tops 2006 Legal Advisor Rankings
According to Bloomberg's 2006 Legal Advisor League Tables (January 2, 2007), Skadden ranked:

Mergers and Acquisitions

* First by volume in global announced deals. The firm worked on six of the top 10 global announced deals.
* First by volume of U.S. announced deals.

Corporate Finance

* First by volume and deal count when representing issuers of U.S. high-yield offerings.
* Second by volume when representing issuers of U.S. equity offerings.

Thomson Financial's 2006 Legal Advisors M&A Review (January 3, 2007), ranked Skadden first by value for worldwide and U.S. announced deals.

12-31-2006

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