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Kelley Drye Achieves Summary Judgment for Union Carbide Corporation
Kelley Drye client Union Carbide Corporation (“UCC”), now wholly owned by The Dow Chemical Company, won summary judgment dismissing the plaintiffs’ remaining cause of action in long-pending litigation. Plaintiffs were seeking to pierce the corporate veil of UCC’s former subsidiary, Union Carbide India Limited (“UCIL”), to hold UCC liable for injuries allegedly caused by ground water pollution from UCIL’s pesticide plant in Bhopal, India. Judge John F. Keenan of the United States District Court for the Southern District of New York held that the subsidiary was and remains a financially viable, “independent, legitimate corporation.” Judge Keenan had previously dismissed direct liability claims against UCC.

In addition, in a related case, in which there were six opinions over a period of seven years by Judge Keenan and the United States Court of Appeals for the Second Circuit, Judge Keenan dismissed claims for environmental remediation of the former UCIL plant site in Bhopal on the grounds such relief was impracticable, and the Court of Appeals affirmed. Claims in that case for alleged violations of international law brought under the Alien Tort Statute were previously dismissed.

12-22-2006

Kelley Drye Scores Win in Indemnification Rights Case
Kelley Drye achieved a significant victory in the Florida District Court of Appeals for client Wes O’Brien, the former President of Precision Response Corporation (“PRC”).

On behalf of O'Brien, Kelley Drye drafted the briefs and made the oral argument to persuade the Florida appellate court to vacate orders of the trial court and recognize his right to receive indemnification from PRC. In addition, the Court granted to O’Brien the right to recover the attorneys’ fees he incurred in the appellate proceedings. The matter has been remanded for a determination of the amount of fees and expenses PRC has to pay.

The dispute arose after PRC terminated O'Brien and then initiated an arbitration claim against him alleging fraud and breach of fiduciary duty. The arbitrators rendered a decision against PRC with respect to each of its claims. Prior to the start of Kelley Drye's representation, PRC refused to honor O’Brien’s right to receive indemnification for the expenses he incurred throughout the arbitration and O'Brien had been unable to convince the trial court that these rights should be enforced.

12-22-2006

Barry Pollack Analyzes Case of Backdated Stock Options at Apple
Barry Pollack, a Partner in the Litigation and White Collar Crime Practice Groups, appeared on the December 28 episode of CNBC's "Closing Bell" to discuss the Security and Exchange Commission's (SEC) review of backdated stock options at Apple Computer. Two days later, on December 30, Mr. Pollack was quoted in a Washington Post story about revelations that Apple falsified documents related to the approval of 7.5 million stock options for CEO Steve Jobs.

12-22-2006

Firm Sponsors Phoenix Minority Writing Program
With diversity a core concern for clients and the law firms that serve them, Bryan Cave has stepped up its efforts by sponsoring the Phoenix Minority Writing Program. Bryan Cave will collaborate with the Maricopa County Bar Association Minority & Women Task Force, the State Bar of Arizona Committee on Minorities & Women in the Law and other Phoenix law firms.

As part of the program, second-year law students were interviewed at the Sandra Day O’Connor College of Law (ASU) to spend their spring semester interning at participating law firms. Bryan Cave has chosen a minority student to spend 10-20 hours per week in the Phoenix office, beginning in January. The new intern will complete projects assigned by mentor attorneys and receive feedback on how to improve her research and writing skills.

Bryan Cave also has agreed to donate a $5,000 scholarship in her name at the College of Law for her participation in the Phoenix Minority Writing Program. This is in addition to $5,000 Bryan Cave contributes annually for the Bryan Cave Scholars program, which benefits students beginning law school at ASU.

Among other current diversity initiatives, Bryan Cave once again will sponsor the Diversity Pipeline Program, supported by the National Bar Association. The Diversity Pipeline is an online directory of projects, programs and initiatives that encourage and equip minority students to pursue legal careers. The program offers diversity students aggressive training prior to their first semester of law school. Bryan Cave also will again co-sponsor the ABA’s Judicial Intern Opportunity Program (JIOP) in 2007, allowing selected diversity and financially challenged students to spend the summer clerking for judges in the various Arizona courts. In addition to our sponsorship, the firm includes these students in various summer events, mentors some students, and participates in various training events incorporated into the program.

At Bryan Cave, we strive to be a firm of diverse individuals where everyone reaches his or her full potential. This statement guides the firm’s diversity initiative as well as our ongoing efforts to recruit and retain the best and brightest from law schools in the United States and worldwide. Once an attorney has joined us, it is important to have programs in place to retain him or her. We remain committed to increasing diversity in the profession at large, a commitment demonstrated by our participation in programs such as those described here.

12-22-2006

Eric D. Cohen Joins Brinks Hofer Gilson & Lione
Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the United States, is pleased to announce that Eric D. Cohen has joined the firm as counsel.

Mr. Cohen will focus his intellectual property practice on patent prosecution in the electrical arts, as well as in the areas of trademarks and opinions.

"Eric is a valuable addition to our patent prosecution practice," said Kent E. Genin, Chair of Brinks' Patent Prosecution Practice group. "The firm and our clients will certainly benefit from his comprehensive patent experience and strong technical background."

Prior to joining Brinks, Mr. Cohen was a principal at the law firm of Welsh & Katz, Ltd. where he worked primarily on patent prosecution, trademark and opinions covering a range of industries including electrical and electronics, software systems, mechanical and medical devices and business methods relating to advertising systems, financial models and web-based applications.

Before beginning his legal career, Mr. Cohen gained significant technical experience as a software and hardware engineer, developing and designing a variety of systems for Pharmacia Diagnostics, Loral Electronics Systems and Hantscho Corporation.

Mr. Cohen received his J.D. from the University of Dayton Law School and his B.S. degree in electrical engineering from State University of New York. He also holds a Master of Science in computer science from Pace University, New York.

12-22-2006

Manatt, Phelps & Phillips, LLP Elects 11 New Partners
Manatt, Phelps & Phillips, LLP, the national law and consulting firm, announced the promotion of eleven of its attorneys to the partnership, effective January 2007.

“We are proud to welcome this diverse and talented group of attorneys into our partnership,” said Paul H. Irving, Chief Executive and Managing Partner of Manatt. “Manatt has continued its evolution during the past year, and these lawyers were instrumental in our progress. I’m confident that, as our incoming partners, they will make increasingly important contributions to the firm and our clients.”

The following Manatt lawyers were elected partners:

Melinda Dutton
Ms. Dutton is a counsel in Manatt’s New York office and a member of its growing healthcare practice. She provides regulatory and government relations counsel, and has been actively involved in the development of the firm’s new venture, Manatt Health Solutions. A frequent writer on New York and national health issues, Ms Dutton received her B.A., cum laude, from Kansas State University in 1988, and her J.D. from Columbia University in 1992.

David M. Grinberg
Mr. Grinberg is an associate in Manatt’s Los Angeles office, and chairs the firm’s mergers and acquisitions practice group. Mr. Grinberg edits the Manatt M&A Newsletter, and is a member of the firm’s Education Committee. Mr. Grinberg received his B.A., magna cum laude, from the University of Pennsylvania in 1993, his M.B.A., with distinction in finance and accounting, from New York University in 1995, and his J.D., with high honors - Order of the Coif, from Emory Law School in 1999. Mr. Grinberg served as Articles Editor of the Emory Law Journal.

Eugene L. Hahm
Mr. Hahm is a counsel in Manatt’s Palo Alto office and a member of its patent litigation team. He has represented Manatt clients in technology and other industries in matters involving intellectual property, trade secrets, unfair competition and antitrust. Mr. Hahm received his B.A., with distinction, from the University of Virginia in 1990, and his J.D. from the University of Virginia School of Law in 1993. Mr. Hahm has been recognized for his outstanding pro bono service by the Bar Association of San Francisco.

Ileana M. Hernandez
Ms. Hernandez is an associate in Manatt’s Los Angeles office. A member of Manatt’s commercial litigation group, Ms. Hernandez serves clients in the healthcare, insurance, financial services and real estate industries. Ms. Hernandez received her B.A., summa cum laude, from the University of California, Los Angeles in 1995, and her J.D. from the University of Southern California in 1998. She is involved in a number of professional and charitable organizations and several key firm pro bono and recruiting initiatives.

Randall W Keen
Mr. Keen is an associate in Manatt’s Los Angeles office, and represents clients in energy and government matters involving public contracting, administrative law, legislative and statutory analysis and advocacy. A member of the Energy Bar Association and California Political Attorney's Association, Mr. Keen received his B.A., summa cum laude, from the University of California, Irvine in 1995, and his J.D. from the University of California, Berkeley – Boalt in 1998. Mr. Keen served as Associate Editor of the California Law Review. Mr. Keen is actively involved in pro bono service, and was honored by Public Counsel for his extraordinary contributions to that organization's Child Care Law Project.

Kisu Lam
Ms. Lam is an associate in Manatt’s Los Angeles office. A commercial litigator, Ms. Lam specializes in real estate matters, including property rights, land use, eminent domain and inverse condemnation. She received her B.A. from the University of California, Los Angeles in 1991, and her J.D. from the University of California, Los Angeles in 1995.

Scott J. Lochner
Mr. Lochner is a counsel in Manatt’s Los Angeles office. He maintains a broad-based corporate practice focusing on mergers and acquisitions, and technology and intellectual property transactions for clients in the software, medical device, manufacturing, communications, and financial services industries. Mr. Lochner received his B.A. from Lehigh University in 1978, and his J.D. from the New York University School of Law in 1982. Mr. Lochner served as Articles Editor of the NYU Journal of International Law and Politics.

Kimo S. Peluso
Mr. Peluso is an associate in Manatt’s New York office, focusing on civil and criminal litigation for clients in the entertainment, sports, communications and consumer products industries. Mr. Peluso received his B.A., summa cum laude, from the University of California, San Diego in 1995, and his J.D., magna cum laude, from Harvard Law School in 1998. Mr. Peluso served as Managing Editor of the Harvard Law Review, and as a clerk to the Honorable Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit.

Jennifer L. Sostrin
Ms. Sostrin is an associate in Manatt’s Los Angeles office, representing financial services and corporate clients in secured and unsecured lending transactions, corporate and contract matters. Ms. Sostrin received her B.A. from the University of California, Santa Barbara in 1994, and her J.D. from Southwestern University School of Law in 1997. Ms. Sostrin served as Articles Editor of the Southwestern Law Journal, and as a clerk to Senior District Court Judge James M. Ideman of the Central District of California.

Justin X. Thompson
Mr. Thompson is an associate in Manatt’s Los Angeles office, and represents real estate clients in acquisition, disposition, financing, management and leasing transactions, as well as planning and zoning matters. Mr. Thompson received his B.A. from the University of Texas at Austin in 1993, and his J.D. from the Louis D. Brandeis School of Law - University of Louisville in 1997.

Matthew S. Urbach
Mr. Urbach is an associate in Manatt’s Los Angeles office, focusing on commercial litigation involving environmental, energy, real estate and business clients. Mr. Urbach received his B.A. from the University of California, San Diego in 1993, and his J.D. from Loyola Law School - Los Angeles in 1997.

12-22-2006

Kaye Scholer Represents Columbia Laboratories in Private Placement of $40 Million of Convertible Subordinated Notes
Kaye Scholer represented Columbia Laboratories, Inc. in the private placement of $40 million of convertible subordinated notes. Columbia Laboratories is a U.S.-based international pharmaceutical company dedicated to the development and commercialization of reproductive healthcare and endocrinology products that use its novel bioadhesive drug delivery technology.

The Kaye Scholer team included partners Adam H. Golden, Lynn Toby Fisher and Albert M. Fenster and associate Amanda M. Ferriso.

12-22-2006

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