Law Firm News

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Law Firm News

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Gibson & Behman, P.C.

GIBSON & BEHMAN’S BURLINGTON OFFICE WINS AT ARBITRATION
Attorney Arthur E. Maravelis of Gibson & Behman’s Burlington Office represented Security Insurance of Hartford against an action brought by Harleysville Worcester Insurance seeking approximately $90,000.00 in damages suffered by a neighboring business as a result of a fire that occurred at Security Insurance Company of Hartford’s insured, Nandee’s Restaurant. The facts of the case indicated that a fire had occurred at Nandee’s Restaurant and as a consequence the neighboring business, Zimmans, suffered $90,000.000 in fire related damages.

At arbitration, Attorney Maravelis, on behalf of Nandee’s Restaurant and the insurance carrier, asserted that the mere occurrence of the fire was not sufficient to hold Nandee’s or its insurer responsible for the damages suffered by a neighboring business, and that the plaintiff bore the burden of proving that it was some act of negligence on behalf of Nandee’s that caused the fire at its restaurant and which subsequently caused the damages to the plaintiff. The arbitrators agreed with this position and found that the plaintiff had failed to establish any negligence on Nandee’s manner.

As such, although the fire occurred at Nandee’s and even though the plaintiff’s innocent business was nearby and damaged, the arbitration panel ruled in favor of the defendant, Nandee’s, ruling that the plaintiff had failed to carry its burden to establish any negligence on behalf of Nandee’s manner.

12-21-2006

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Gibson & Behman, P.C.

GIBSON & BEHMAN’S BURLINGTON OFFICE WINS PREMISES LIABILITY CASE
Attorney H. Charles Hambelton of G&B’s Burlington Office recently obtained a defense verdict in a premises liability case involving a slip and fall injury that occurred at Sudbury Farm Supermarkets located in Needham, Massachusetts. The plaintiff, an elderly woman, had alleged that the Roche Brothers as well as the co-defendant, J.T. Falcone & Sons, Inc., the contractor performing work at the jobsite, were negligent and that their negligence caused her to fall and injure herself. The plaintiff suffered a fractured hip which required surgical intervention, and had over $50,000.00 in medical bills.

At the time of the incident, the supermarket was undergoing repaving operations and the supermarket had retained J.T. Falcone to perform the repaving operations in its parking lot. As a consequence of the repaving operations a key was created which resulted in an indentation in the pavement which was approximately 2” wide and 2” deep. There was evidence that plywood had been placed over the key to allow patrons to either walk over the key or walk on the plywood to and from the store.

The plaintiff alleged that upon exiting the store she walked on the plywood and fell and broke her hip. Significantly, Attorney Hambelton was able to persuade the jury that while the plaintiff believed she was walking on the wood, she did not know why she fell or what caused her to fall and, as such, he argued that not only was Sudbury Farms not negligent, but that the plaintiff had failed to carry her burden of proof that the negligence, if any, proximately caused her to fall and injure herself. The jury deliberated for over a day before returning a verdict in favor of Sudbury Farm Supermarkets, finding that the plaintiff did not carry her burden and had not proved that her injuries were proximately caused by the negligence of Sudbury Farm Supermarkets.

12-21-2006

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Friedman Kaplan Seiler & Adelman LLP

Stubbs Elected Litigation Partner
Emily A. Stubbs, whose practice focuses on complex commercial litigation, has been elected a partner of Friedman Kaplan Seiler & Adelman LLP, effective January 1, 2007. Ms. Stubbs' recent matters have included representation of a major pharmaceutical company in negotiations and litigation arising from licensing, distribution and co-promotion agreements; a software developer in an arbitration concerning the earnout provisions of an asset purchase agreement; a prominent research university in employment discrimination matters; directors and officers in securities actions; and a major investment bank in a contract dispute with a former client. She also has represented individuals and corporations in a variety of breach of fiduciary duty actions.

Ms. Stubbs graduated with highest honors and Phi Beta Kappa from Swarthmore College in 1992 and received her law degree in 1998 from Boalt Hall School of Law at the University of California, Berkeley. At Boalt Hall, she was the recipient of an American Jurisprudence Award and the Prosser Prize, as well as a Staff Editor of the Berkeley Women's Law Journal and an Associate Editor of the Berkeley Journal of Employment and Labor Law. Ms. Stubbs is the author of Recent Developments: Welfare and Immigration Reform: Refusing Aid to Immigrants, 12 Berkeley Women's L.J. 151 (1997). Before joining FKSA, Ms. Stubbs was a National Association for Public Interest Law Equal Justice Fellow with South Brooklyn Legal Services and served as a law clerk to The Honorable Robert P. Patterson, Jr. of the United States District Court for the Southern District of New York. She is a member of the Federal Bar Council Inn of Court.

Ms. Stubbs is currently on maternity leave, and will return to the firm in March 2007. Six of the ten partners FKSA has named in the last seven years are women.

12-21-2006

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Friedman Kaplan Seiler & Adelman LLP

FKSA Wins Asylum for Client in Deportation Proceedings
FKSA recently won asylum, in deportation proceedings, for a refugee from Uzbekistan who had suffered multiple violent attacks on account of her Tatar ethnic background. FKSA represented the client, referred to FKSA by Human Rights First, on a pro bono basis. The client's initial affirmative application for asylum, prepared by another lawyer, was denied by the U.S. Customs and Immigration Service due to perceived inconsistencies in the client's testimony, and the case was automatically referred to the Executive Office of Immigration Review for further proceedings. The Immigration Judge, based on the client's testimony and supporting affidavits and documentation, granted FKSA's client asylum at the conclusion of a 90-minute hearing.

12-21-2006

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Friedman Kaplan Seiler & Adelman LLP

Berman to Speak at MARHedge Cayman Conference
FKSA partner Scott M. Berman will speak at the first annual MARHedge Cayman conference titled "Hedge Fund Best Practices: Operations and Regulatory Compliance." Berman will speak on a panel titled, "Case Study of A Hedge Fund Blowup," which will address how to identify early warnings of potential trouble at hedge funds, as well as cross-jurisdictional legal issues raise by hedge-fund blowups. Other panelists are Edward Stavetski, the Chief Investment Strategist at CMG Investment Advisors, LLC, and Christine Woodhouse, General Counsel to Taylor Investment Advisors LP, and the panel will be moderated by Douglas Hirsch, a partner at Sadis & Goldberg LLC.

12-21-2006

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Friedman Kaplan Seiler & Adelman LLP

Berman to Speak at Infovest21 Seminar on Amaranth Blow-Up
FKSA partner Scott M. Berman will participate in a half-day seminar on the collapse of Amaranth Advisors LLC, the hedge fund that recently shut down after disclosing losses of approximately $6.5 billion. Mr. Berman, using other hedge fund blow-ups as case studies, will address the rights and remedies for investors who redeem before a hedge fund collapse, as well as for those investors who still remain in a fund when it shuts down. Mr. Berman also will participate in a panel discussion on hedge fund due diligence issues raised by the Amaranth collapse.

12-21-2006

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Friedman Kaplan Seiler & Adelman LLP

Six Associates Join Firm
Six new associates recently joined the firm:

Myriam Gauthier joined FKSA's Corporate Group from Dechert LLP. Myriam received her LL.M. in 1997 and her J.D. in 2002 from Columbia Law School, where she was a Fulbright Scholar and a Harlan Fiske Stone Scholar. She also earned a D.E.S.S. de Commerce International with high honors from Université de Bourgogne in Dijon, France in 1994, and a D.E.S.S. de Propriété Intellectuelle with high honors from Université de Panthéon-Assas in Paris in 1995, graduating first in her class in both courses. Ms. Gauthier was previously associated with Sullivan & Cromwell LLP, and she served as in-house counsel for two subsidiaries of Total, S.A. in Paris, where she focused on intellectual property issues. Ms. Gauthier is a native speaker of French.

Michael A. Gordon joined FKSA's Corporate Group from Cravath, Swaine & Moore LLP. Michael graduated cum laude from Dartmouth College in 1996. He received his law degree magna cum laude from Fordham University School of Law in 2004, where he was a staff member of the Fordham Law Review.

Scott J. Bowman joined FKSA's Litigation Group after serving as a law clerk to The Honorable Maryanne Trump Barry of the U.S. Court of Appeals for the Third Circuit. Scott graduated with honors from Brown University in 1999. He received his law degree summa cum laude in 2004 from Fordham University School of Law, where he won the Chapin Prize for graduating first in his class, as well as the Fordham Law Alumni Medal in Constitutional Law, the Hugh R. Jones Award in Law and Public Policy, the Fordham Law School Prize in 2002 and 2003, the West Prize, the Legal Writing Award, the Dean's Scholarship, the Archibald R. Murray Public Service Award, and the Caruso Memorial Scholarship. At Fordham, Scott also was named a Stein Scholar in Public Interest Law and Ethics, and was an Associate Editor of the Fordham Law Review, for which he authored Wild Political Dreaming: Constitutional Reformation of the United States Senate, 72 Fordham L. Rev. 1017 (2004). After law school, he clerked for The Honorable Douglas P. Woodlock of the U.S. District Court for the District of Massachusetts. Scott is admitted in Massachusetts. His admissions to the bars of New York and New Jersey are pending.

Danya Shocair Reda joined FKSA's Litigation Group after serving as a law clerk to The Honorable Charles S. Haight of the U.S. District Court for the Southern District of New York. Danya graduated magna cum laude in 1999 from Brown University, where she was elected to Phi Beta Kappa. In 1999-2000, Danya was a Fulbright Fellow in Damascus, Syria, where she studied at the French Institute for Arabic Studies. She received a M.St. from Oxford University in Oriental Studies (Islamic Law and Philosophy) in 2003. In 2004, she received her law degree from Harvard Law School, where she was an Article Editor for the Harvard Human Rights Journal and the BlackLetter Law Journal. Danya was previously associated with Cleary, Gottlieb, Steen & Hamilton LLP.

Daniel R. Greenberg joined FKSA's Corporate Group from Chadbourne & Parke LLP. Daniel graduated from Cornell University in 2001, where he was a member of the Golden Key Honor Society. He received his law degree cum laude in 2005 from Fordham University School of Law, where he was a staff member of the Fordham Law Review. Daniel is also admitted in Connecticut.

David N. Slarskey joined FKSA's Litigation Group after serving as a law clerk to The Honorable I. Leo Glasser of the U.S. District Court for the Eastern District of New York. David graduated cum laude from the University of Pennsylvania in 1998. He received his law degree from Stanford Law School in 2005, where he was an Associate Managing Editor of the Stanford Law and Policy Review.

12-21-2006

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